Loading...
HomeMy WebLinkAbout05 27 14 City Council Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES May 27, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Soukup, 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, Fire Chief Hartman, Police Chief O’Rourke and Executive Assistant Green. 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: Dave States (14188 Rolling Oaks Circle): Asked about how the city knew that the special assessment amount on properties in the Rolling Oaks area is $27,000. Hedberg: Advised Mr. States that this topic is on the agenda for a public hearing and that is the appropriate place to make his comments. APPROVAL OF AGENDA Boyles: Removed presentation item 6A, 2014 Community Survey, from the agenda due to illness of the presenter. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE THE AGENDA AS MODIFIED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com APPROVAL OF MEETING MINUTES MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE MAY 12, 2014 CITY COUNCIL MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒ ☐ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☒ Absent ☐☐☐☐☐ THE MOTION CARRIED. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Treasurers Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Fire Department Report E. Consider Approval of Police Department Report F. Consider Approval of Resolution 14-085 Approving a Scott County CDA Economic Development Incentive Grant Application for Technical Assistance G. Consider Approval of Resolution 14-086 Approving a Certificate of Correction to Plat for Hickory Shores South Morton: Requested removal of item 5C from the Consent Agenda for discussion. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCEPTING ITEM 5C. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. PRESENTATIONS: The presentation item was removed from the agenda. PUBLIC HEARINGS Consider Approval of a Resolution Ordering the Improvements and the Preparation of Plans and Specifications for the Rolling Oaks Improvement Project Mayor Hedberg announced that a neighborhood meeting for this project was held May 20, 2014. Subsequent to the meeting, neighborhood representatives asked for additional time to consider the information received and that an additional neighborhood public meeting be conducted prior to the public hearing and expressed preference for 6/10 and 6/23 respectively. 2 DRAFT 05 27 13 City Council Meeting Minutes MOTION BY HEDBERG, SECOND BY KEENEY TO DIRECT STAFF TO CONDUCT A NEIGHBORHOOD MEETING ON JUNE 10, 2014 AT 6:00 P.M. AS REQUESTED BY MEMBERS OF THE NEIGHBORHOOD; AND TO CONTINUE THE PUBLIC HEARING TO JUNE 23, 2014 AT 7PM.. Keeney: Noted there were a number of people present and wanted to assure they will not be inconvenienced by continuing the public hearing. Soukup: Asked the identity of the neighborhood representatives who requested a second meeting. Poppler: Responded that Gordon Erickson requested the continuance to evaluate the information received. Soukup: Asked if continuing the public hearing to June 23 allows ample time for reviewing information and conducting another neighborhood meeting. Poppler: Replied that Mr. Erickson and the neighbors selected the June 10 date for the neighborhood meeting from options suggested by staff. Keeney: Asked the public in attendance to show by raising his/her hand if it would be an inconvenience to come back another day for the public hearing. No person raised his/her hand. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. Mary Quinn was in attendance at the meeting and requested City Engineer Poppler to send an email to advise them of the time and date of the neighborhood meeting. RECESS Mayor Hedberg called a recess to allow the Chambers to clear. RECONVENE The meeting was reconvened at 7:17 p.m. Consider Approval of an Ordinance Amending Subsections 704.500 and 705.600 of the City Code Related to the Sewer and Water Fee Deferral Program. Community and Economic Development Director Rogness reviewed the Metropolitan Council’s SAC Deferral Program. Stated that two businesses in Prior Lake have used the program. Noted that the Metropolitan Council adopted changes to its program and it is proposed that the City’s program be amended to mirror those changes. Stated that the Economic Development Authority (EDA) has reviewed and recommends approval. MOTION BY MCGUIRE, SECOND BY KEENEY TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. 3 DRAFT 05 27 13 City Council Meeting Minutes The public hearing opened at 7:21 p.m. Comments: No person from the public stepped forward to speak. Keeney: Commented that funding for this program will still be in place and because it is “loaning ourselves” the money, he is not concerned about that aspect. There is no increased expenditures as part to this action. MOTION BY MORTON, SECOND BY KEENEY TO CLOSE THE PUBLIC HEARING AND APPROVE ORDINANCE 114-11 AMENDING SUBSECTIONS 704.500 AND 705.600 OF THE PRIOR LAKE CITY CODE RELATING TO DEFERRAL OF CERTAIN WATER CONNECTION AND SEWER CONNECTION CHARGES AND METROPOLITAN SAC CHARGES FOR ECONOMIC DEVELOPMENT PURPOSES. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of a Resolution Amending the Sewer and Water Fee Deferral Program Policy and Approving a Master SAC Deferral Agreement with the Metropolitan Council Community and Economic Development Director Rogness highlighted the Economic Development Authority’s (EDA) discussion of the policy noting it has recommended staff work on a different funding structure for this program. Described the current funding structure, which is a revolving loan program through the EDA. Concern was expressed about not being able to meet the demand for the program. The proposed amended policy removes the EDA funding and allows the City the right to approve or reject specific local program funding requests. Reviewed other proposed changes to the policy. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14-087 AMENDING THE SEWER AND WATER FEE DEFERRAL PROGRAM POLICY AND APPROVING A MASTER SAC DEFERRAL AGREEMENT WITH THE METROPOLITAN COUNCIL. Morton: Asked if applicants would apply directly to the City or through the EDA. Rogness: Replied that the EDA wants to be the administrator of the program in terms of receiving and processing applications to a point still to be determined. Hedberg: Stated that because of the potential scope and scale of the program, staff has been asked to consider alternatives such as running the deferral through trunk funds. Various alternatives have not been fully considered at this point. Transparency regarding the program would still be accomplished by the annual comprehensive reporting. Believes the EDA should be the first point of application consideration. 4 DRAFT 05 27 13 City Council Meeting Minutes Morton: Commented that language could highlight that businesses would not necessarily go through the EDA. Believes there should be language that says processes go through the EDA and it is City Council discretion regarding the funding. Rogness: Referred to language in Section VII regarding administration. Reiterated that more in-depth discussion is planned to decide final process. Keeney: Stated he is comfortable with language in Section VII regarding administration. Questioned whether the language was clear on whether or not the EDA would have approving authority for applications. Rogness: Replied that currently applications have no criteria for acceptance or denial. They must fall within parameters and funding must be available. Keeney: Suggested that approval would be by the authority determined, the applicant would work with staff and City Council and when the money runs out, it is gone. Applications could be processed in order received. Rogness: Affirmed, adding that there would be a reporting function also. Boyles: Reiterated that the administrative process is now undefined and suggested a motion be made to direct staff to return in 90 days with the administrative process. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. MOTION BY KEENEY, SECOND BY MCGUIRE TO DIRECT STAFF TO BRING BACK A FUNDING ADMINISTRATIVE PLAN PROPOSAL WITHIN 90 DAYS. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. Consider Approval of 2013 Annual Audit and Financial Report and Management Letter Finance Director Erickson introduced MMKR representative Jim Eichten. Thanked members of the Finance Department for their assistance with the audit process. Eichten provided a PowerPoint presentation of the audit process and results. Stated the financial statements are fairly presented in accordance with U.S. GAAP, internal controls received an unmodified opinion and a single finding of Minnesota legal compliance regarding a payment declaration on timesheets of volunteer firefighters has been addressed. Eichten reviewed the topics covered in the Management Report. MOTION BY SOUKUP, SECOND BY MORTON TO ACCEPT THE 2013 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER AS SUBMITTED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☒ Absent ☐☐☐☐☐ 5 DRAFT 05 27 13 City Council Meeting Minutes THE MOTION CARRIED. Consider Approval of a Resolution Authorizing 2014 Vehicle and Equipment Purchases Public Works and Natural Resources Director Gehler reviewed the anticipated uses of pick-up trucks that are proposed for purchase. Stated that the 8-point purchase analysis was conducted on the vehicle proposed for replacement. Fire Chief Hartman indicated that one of the proposed pick-ups is in the 2015 Capital Improvement Program (CIP), but is suggested for consideration at this time due to the low bids. Stated department operations were analyzed and a decision made to restructure officer staffing to assure that an assistant chief officer is always available for calls. The additional pick-up would be assigned to an assistant chief officer for responding to calls and assisting at the scene. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE RESOLUTION 14-088 AUTHORIZING THE TRADE IN AND REPLACEMENT OF UNIT #9201, A 2004 FORD F-150. Morton: Asked about the high level of wear and tear on the pick-up proposed for replacement. Hartman: Stated it has primarily been used for emergency response. Indicated that the engine design in that series of trucks in the year it was built has been problematic. Morton: Questioned the desirability of buying another vehicle of the same make. Hartman: Replied that it is now a completely different engine design. Morton: Asked about the history of the current engine design. Hartman: Replied it has been in service for a couple of years. Soukup: Asked for clarification on some points of the purchase analysis. Gehler: Provided an explanation for the points in question. Soukup: Asked why bodywork would have needed to be done, suggesting that would be a “nice-to-have.” Gehler: Replied that rust indicates that the metal is beginning to rot. Hartman: Added that seatbelts are wet so water is entering the cab through the rust spots. Keeney: Commented that other equipment purchases seem to be zoning in on Fords and questioned why there were no bids from GM. Believes the life expectancy of the vehicles should exceed 80,000 miles. Gehler: Replied that more bids are received but Ford comes in as the low bid compared to GM and Dodge and the city is obliged by state law to award to lowest responsible bid. Noted there are mostly Fords in the fleet and others do not have this level of problems. Keeney: Asked if the light bar equipment will be discarded when the truck is replaced. Hartman: Replied that it will be removed and either maintained on the shelf as a spare or taken to auction, so there is residual value. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 14-XXX AUTHORIZING THE PURCHASE OF A 2014 FORD F-150. Keeney: Asked if this truck is budgeted in the CIP. 6 DRAFT 05 27 13 City Council Meeting Minutes Hartman: It is scheduled for 2015, but brought forward at this time because the bids were good. Hedberg: Clarified that the assistant chief training is using the existing vehicle. Hartman: Replied that it is assigned to the assistant chief of operations, adding that all assistant chiefs are required to respond and have weekend and evening duty. Hedberg: Asked how often it is used. Hartman: Replied that it is used two or three times per week for fire call responses, hauling the boat, hauling the smoke house, etc. Hedberg: Asked how often uses other than fire call response interfere with the assistant chief attending fire calls. Hartman: Provided several scenarios for how vehicles are juggled to meet the various needs of the department; and also discussed future uses planned for the additional pick-up. Hedberg: Favors delaying a decision on the second truck until the plans for future uses are finalized. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☐☐☐☐☐ Nay ☒☒☒☒☒ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION FAILED. Consider Approval of a Resolution Approving a Water Purchase Agreement and an Escrow Agreement between the City of Prior Lake and the SMSC and Authorizing the Mayor and City Manager to Execute Same on Behalf of the City Public Works and Natural Resources Director Gehler provided the background of developing the agreements, as well as an overview of the elements of the proposed purchase and escrow agreements. SMSC Tribal Administrator Bill Rudnicki was present. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE RESOLUTION 14-089 APPROVING A WATER PURCHASE AND ESCROW AGREEMENT WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY. Morton: Noted that no minimums are contractually required. Expressed concern about the four-year “out” and asked about the reasoning behind that codicil. Gehler: The four-year “out” is to address our need to develop additional source water if the agreement is terminated. If we need to drill another well or develop another treatment plant, we will have time to do so. Morton: After four years, the agreement will be reviewed annually for a cost adjustment, but there is no outline of the methodology and no upper limit is identified. If the City needs the water and it is being accessed per the agreement, the City should have protection on the top end. Gehler: There is methodology that goes with the agreement that details the items that will be included in the calculation and how the calculation is completed. Morton: Asked about the timeline on the initiatives listed in the agenda report. Gehler: Replied with the various timelines, some of which are already completed and others scheduled for completion by 2015. Morton: Asked about the expected water usage and whether it is anticipated that it will only be for use during the hottest months. Gehler: Replied there may also be some usage in the winter to help keep systems functioning together. Morton: Asked about the impact of usage of well #10. 7 DRAFT 05 27 13 City Council Meeting Minutes Gehler: Replied that it is expected to coincide with the City’s additional needs from development. Keeney: Asked about the cost of the City producing treated water vs. the cost in the purchase agreement. Gehler: Replied that operational costs are $0.80 per thousand; capital costs are $1.20 per thousand; and the purchase price is less per thousand. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. Hedberg: Commented that this is structured as a commodity water supply agreement, but it is precedent setting and both the SMSC and City administration hope this will be one in a series of agreements where capacity is developed and redundancy and duplication eliminated. ITEMS REMOVED FROM CONSENT AGENDA 5C – Building Summary Report MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE THE BUILDING PERMIT SUMMARY. Morton: Noted that year-to-year there is a two million dollar difference for April. Asked if the difference is caused from permitting lesser-valued homes. Poppler: Stated there is an error in the report and requested a delay of approval in order to bring a revised report to the next meeting. The motion and second was withdrawn. MOTION BY MORTON, SECOND BY SOUKUP TO DEFER APPROVAL OF THE APRIL BUILDING SUMMARY REPORT TO THE JUNE 9, 2014 MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ THE MOTION CARRIED. OTHER BUSINESS/COUNCILMEMBER REPORTS No reports. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Morton and seconded by Keeney. The motion carried and the meeting adjourned at 8:29 p.m. ___________________________________ Frank Boyles, City Manager 8 DRAFT 05 27 13 City Council Meeting Minutes