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HomeMy WebLinkAboutDRAFT 05 12 14 City Council Meeting Minutes o 1 PRIG ti u 1 4646 Dakota Street SE Prior Lake, MN 55372 447 A , NESOs P REGULAR CITY COUNCIL MEETING MINUTES May 12, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire and Morton, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Finance Director Erickson, Community and Economic Development Director Rogness and Police Chief O'Rourke. Councilor Soukup was absent. PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (i) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not taken action on the topic; or (ii) if the topic is the subject of a scheduled or continued public hearing or public information hearing on the current agenda or at a future meeting before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY KEENEY TO APPROVE THE AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Soukup Aye © ® © © ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ZI The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE APRIL 28, 2014 CITY COUNCIL MEETING AS PRESENTED. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Claims Approval of Claims Listing B. Consider Approval of Animal Control Services Report for April C. Consider Approval of Resolution 14 -075 Approving Final Plat and Development Contract for the Enclave at Cleary Lake Second Addition Final Plat and Authorizing the Mayor and City Manager to Execute a Development Contract D. Consider Approval of the First Quarter 2014 Investment Report E. Consider Approval of the First Quarter 2014 Financial Report F. Consider Approval of a Taxicab License for EMP Corporation G. Consider Approval of Resolution 14 -076 Approving a Cooperative Agreement with Scott County for the CR 44 Improvement Project H. Consider Approval of Resolution 14-077 Accepting Proposals and Authorizing Element Materials Technology to Provide Construction Testing and Authorizing the Mayor and City Manager to Enter Into a Professional Services Agreement for the Carriage Hills Parkway, Carriage Hill Road, and Crest Avenue Rehabilitation Project, (City Project #14 -002) I. Consider Approval of Resolution 14-078 Approving the Sentencing to Service (STS) Joint Powers Agreement and Authorizing the Mayor and City Manager to Execute the Same J. Consider Approval of Police Report for March 2014 Boyles: Presented a modified resolution and cooperative agreement form for item 5G for the Council's review. Hedberg: Requested removal of 5J for comment. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 5J. VOTE Hedberg Keeney McGuire Morton Soukup Aye © ® ® © ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ►� The motion carried. PRESENTATIONS: No presentation was scheduled. DRAFT 05 12 13 City Council Meeting Minutes 2 PUBLIC HEARINGS 7A Official Fee Schedule Continuation Finance Director Erickson commented that this public hearing is a continuation of the public hearing held April 14, 2014 and April 28, 2014 in order to consider input from the Builders Association of the Twin Cities (BATC) regarding the change in the construction observation fee. Reviewed the feedback received from BATC stating they prefer to leave the construction observation and professional service fee on development agreements at five percent. Staff recommends six percent. Hedberg announced the public hearing reopened. Comments: No person from the public stepped forward to speak. Hedberg asked City Attorney Rosow for direction on continued public hearings procedures. Rosow: Stated Council deliberations could occur before the public hearing is closed in the event anyone would want to continue it to receive further information. Keeney: Clarified staff's recommendation about the fee. Hedberg: Questioned whether the City could leave the fee at five percent and continue studying the issue of this observation fee. Asked if the City could reach an agreement with those developers who experience a higher cost to implement six percent by contract on a case -by -case basis. Erickson: Replied the City has been trying to include all fees on its official fee schedule. Commented that developers could voluntarily escrow a higher amount. Hedberg: Stated he would like to see the City work with BATC; and favors leaving the fee at five percent and working BATC when developers experience higher fees. Asked if that can be done. Rosow: Suggested amending the fee ordinance to state it is five percent unless the developer wishes to escrow a larger amount, which would result in it being covered by the fee ordinance, provide flexibility for the developer, and memorialize the flexibility in the ordinance. Keeney: Queried if the ordinance could say the fee is a minimum of five percent. Rosow: Replied it could say a minimum of five percent or such larger amount as the developer wishes to deposit. They would have the flexibility to go to a higher percentage if necessary. MOTION BY HEDBERG, SECOND BY MORTON TO APPROVE ORDINANCE 114 -10 ESTABLISHING THE CITY FEES AND CHARGES FOR 2014 AS AMENDED BY THE CITY ATTORNEY TO INCLUDE THAT THE CONSTRUCTION OBSERVATION AND PROFESSIONAL SERVICE FEE ON DEVELOPMENT AGREEMENTS BE A MINIMUM OF FIVE PERCENT, OR SUCH LARGER AMOUNT AS THE DEVELOPER WISHES TO HAVE DEPOSITED. The motion and second was withdrawn in order to close the public hearing. MOTION BY HEDBERG, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AND APPROVE ORDINANCE 114 -10 ESTABLISHING THE CITY FEES AND CHARGES FOR 2014 AS AMENDED BY THE CITY ATTORNEY TO INCLUDE THAT THE CONSTRUCTION OBSERVATION AND PROFESSIONAL SERVICE FEE ON DEVELOPMENT AGREEMENTS BE A MINIMUM OF FIVE PERCENT, OR SUCH LARGER AMOUNT AS THE DEVELOPER WISHES TO HAVE DEPOSITED. DRAFT 05 12 13 City Council Meeting Minutes 3 VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ❑ © ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ El The motion carried. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 14-074 APPROVING THE SUMMARY OF ORDINANCE 114-10 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Soukup Aye © ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ EX The motion carried. 7B Public Hearing to Consider a Request to Vacate A Drainage and Utility Easement Located within the Proposed Enclave at Cleary Lake 2 Addition. Community and Economic Development Director Rogness described the existing drainage and utility easement. Stated that the Planning Commission has reviewed this and recommends approval. Reviewed State Statute regarding public use requirements for granting vacations. MOTION BY MORTON, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ 0 The motion carried. Comments: No person from the public stepped forward to speak. Members of the Council offered no comments. MOTION BY KEENEY, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AND TO APPROVE RESOLUTION 14 -079 PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PROPOSED THE ENCLAVE AT CLEARY LAKE 2ND ADDITION PLAT. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ El The motion carried. DRAFT 05 12 13 City Council Meeting Minutes 4 OLD BUSINESS No old business was scheduled. NEW BUSINESS 9A Consider Approval of a Resolution Approving an Agreement with the City of Savage for Water and Sewer Service Public Works / Natural Resources Director Gehler reviewed the history of past agreements and discussed collaborations and practices currently in place with the City of Savage. Reviewed the proposed agreement. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -080 APPROVING AN AGREEMENT WITH THE CITY OF SAVAGE REGARDING UTILITY SHARING. Hedberg: Commented that this is an important step forward to pull together agreements the City has with Savage. VOTE Hedberg Keeney McGuire Morton Soukup Aye © © © © ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ igi The motion carried. 9B Consider Approval of Four Resolutions Authorizing 2014 Vehicle and Equipment Purchases Public Works / Natural Resources Director Gehler reviewed vehicles and proposed replacements. Analysis was conducted on all vehicle replacements to consider usage, trade -in, refurbishment options, etc. Bids have been received and purchase prices reviewed. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTIONS: 1. RESOLUTION 14-081 AUTHORIZING THE REPLACEMENT OF UNIT #399, A 1999 CHEVROLET SUBURBAN WITH THE PROPOSED OPTION FORA 1 -TON TRUCK. 2. RESOLUTION 14-082 AUTHORIZING THE REPLACEMENT OF UNIT #540, A 1996 CHEVROLET C1500. 3. RESOLUTION 14-084 AUTHORIZING THE REPLACEMENT OF UNIT #548, A 2003 FORD F3501- TON PICK -UP. 4. RESOLUTION 14-083 AUTHORIZING THE REPLACEMENT OF UNIT #547, A 2001 DODGE 3500 WITH DUMP BOX. McGuire: Commented that it is good practice to make equipment multi - functional. Morton: Commented that the mileage is relatively low on some of the current vehicles and questioned why the wear and tear is so significant. Gehler: Replied that two of the vehicles are old and have issues with bodywork, rusting, mechanics and door locks no longer working. Keeney: Commented that whenever capital and fleet is reviewed, it would be good to identify overall value of the fleet in order to have a good estimate of how the City is increasing its capabilities when compared to needs. Hedberg: Agreed such information will be relevant when the Capital Improvement Program and Equipment Fund are reviewed. DRAFT 05 12 13 City Council Meeting Minutes 5 Gehler: Added that discussion is also needed regarding the significant mileage added to the roadway system in the past ten years without a corresponding increase in resources for maintenance purposes. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA A. Consider Approval of Police Report for March 2014 MOTION BY MORTON, SECOND BY KEENEY TO APPROVE MARCH 2014 POLICE REPORT. Hedberg: Commented on the community survey results related to traffic issues and distracted driving. O'Rourke: Stated that distracted driving was cited as a high concern by 28% of respondents, which is up 10% from 2011. Commented that Police hear on a regular basis that traffic and distracted driving are concerns in Prior Lake and provided reasons for why traffic stops have received more attention over the past quarter. Addressed other categories of the report and how they are being responded to. Hedberg: Would like to see periodically a similar report on the state of the City regarding crime statistics and particularly a traffic report. Keeney: Emphasized that the increase in statistics is due to increased enforcement rather than increased infractions. Believes it would be helpful to have a measure of actual infractions — i.e. measuring speeding with speed sign. Expressed hope that we will get to a place where it is more difficult to find violations because there are fewer occurrences. Noted that people's lives are changed when infractions occur and accidents happen. Encouraged all to drive safely. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® © ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS /COUNCILMEMBER REPORTS Hedberg: Stated that the lake is at 903.2' as of last Friday. The outlet channel has been open for approximately ten days. Noted that upgrades to the channel allow it to reduce the water level an inch per day. Stated that the Prior Lake Spring Lake Watershed District has an open position on its Board of Managers and applications will be accepted at the Scott County Courthouse. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Morton and seconded by McGuire. The motion carried and the meeting adjourned at 7:40 p.m. Frank Boyles, City Manager DRAFT 05 12 13 City Council Meeting Minutes 6