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HomeMy WebLinkAbout072197 Regular PUBLIC FORUM: 7:00 PM REGULAR COUNCIL MEETING MINUTES Date: July 21, 1997 1. CALL TO ORDER :Mayor Andren called the meeting to order. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Woodson, Planning Coordinator Kansier, Public Works Director Ilkka, Assistant City Engineer McDermott, Parks and Recreation Director Hokeness, Parks and Recreation Supervisor Esser, and Executive Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. Minute 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: Revisions. MOTION BY KEDROWSKI SECOND BY SCHENCK TO INCLUDE THE VERBATIM TRANSCRIPT OF THE END OF THE JULY 7 COUNCIL MEETING AS PART OF THE RECORD. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report C. Consider Approval of 2nd Quarter Investment Report. D. Consider Approval of 2nd Quarter Budget Report. E. Consider Approval of Animal Warden Report for June, 1997. F. Consider Approval of Fire Call Report for June, 1997 G. Consider Approval of Building Permit Report for June, 1997. H. Consider Approval of Resolution 97-61 Approving Prior Lake VFW Post 6208 Premise Permit for Lawful Gambling L Consider Approval of Assignment and Assumption Agreement Relating to the Development Contract for the Sale of l. 78 Acres. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. 5. PRESENTATIONS: A. None 16~30!3~F~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42~5 AN EQUAL OPPORTUNITY EMPLOYER 6. PUBLIC HEARINGS: A. None 7. OLD BUSINESS: Res97-62 A. Consider Approval of Resolution 97-62 Approving Developers Agreement for Maple Hills Homes Association Sanitary Sewer and Watermain. · City Manager Boyles introduced the item and reviewed the staff report. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-62 APPROVING THE DEVELOPERS AGREEMENT FOR MAPLE HILLS HOMES ASSOCIATION SANITARY SEWER AND WATERMAIN. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. B. Consider Approval of Report on Status of 1996 and 1997 First Half City Council Directives. Directives 96- 97 · City Manager Boyles reviewed the Directives for 1996 and 1997. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE DIRECTIVES FOR 1996 AND 1997. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Rejection of Bids and Authorization to Rebid for Field Lighting for Ponds Park. Ponds Park Field Ltg. · City Manager Boyles introduced the item. The staff had received approval to solicit bids. They received 2 bids on the project. They would like to receive more bids. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE REJECTION OF BIDS AND AUTHORIZE STAFF TO REBID FOR FIELD LIGHTING FOR PONDS PARK. · Councilmember Mader said there was reference to electrical consultant but it was not listed who it was. · Parks and Recreation Director Hokeness said it is Wanderlik Malek. · Councilmember Mader asked if is it on a consulting basis. · Parks and Recreation Director Hokeness said it was on a project by project basis. 72197.DOC 2 · Councilmember Mader asked how much we were paying for the consulting service. · Parks and Recreation Director Hokeness said $7,500. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. D. Consider Approval of Resolution 97-63 Approving Final Plat and Developers Contract for Raspberry Ridge 3rd Addition. Ras Ridge 3rd · City Manager Boyles introduced the item and reviewed the staff report. The resolution is recommended for adoption. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-63 APPROVING FINAL PLAT AND DEVELOPERS CONTRACT FOR RASPBERRY RIDGE THIRD ADDITION. · Mayor Andren asked Mr. Walsh, the Developer of Raspberry Ridge to come to the podium. · Mr. Walsh said they had plans for a contractor doing the third addition work who will be installing a drainage system desired by residents in the area.. He did not see any loose rocks in the retaining wall, but saw washout behind the rock. He said some of the washout and holes are from woodchucks in lots 1 and 2, which were unoccupied. · Councilmember Kedrowski asked if the washout was from the drainage or a different issue. · Mr. Walsh said the drainage from the second addition is the cause. There is not a swale between homes on Manitou Road, so the water drains back to the wall. · Councilmember Kedrowski asked whether Mr. Walsh felt comfortable that the drainage would be corrected by the October 31 deadline. · Mayor Andren said if it is the intent of the developer to correct it as part of this phase, it can be a contingency of the final plat. · Mr. Walsh said it is in as a private project and should not be covered by the security. · City Attomey Pace said the drainage problems resulting from the second addition should be corrected while building the third addition and the letter of credit should be used for security. MOTION BY KEDROWSKI AND SECOND BY SCHENCK TO AMEND THE RESOLUTION TO INCLUDE A CONDITION THAT THE CORRECTION OF 72197.DOC 3 DRAINAGE PROBLEMS AND THE RETAINING WALL FROM RASPBERRY RIDGE 2 BE COMPLETED AND THE LETTER OF CREDIT FOR RASPBERRY RIDGE THIRD ADDITION BE USED AS SECURITY. Councilmember Mader asked whether they were putting in a condition that is acceptable to Mr. Walsh. City Attorney Pace said the City wanted a security and a timetable, and is not imposing any condition that does not already exist. · Mr. Walsh asked if the amendment would affect the letter of credit for the second addition? · City Attorney Pace said yes. · Mayor Andren said the added condition in the resolution should say that the storm sewer be acceptable to City Engineer. Mayor Andren called the question on the twice amended resolution. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. Res 9764 E. Consider Approval of Resolution 97-64 Authorizing the Preparation of Specifications and the Solicitation of Bids for Playground Equipment at Seven Parks. · City Manager Boyles said the Capital Improvement Program and Parks and Library Referendum contemplated improvement of City Parks through installation of playground equipment. Amounts of money for each location are based on size and use of each. The staff requests approval of the resolution. Playfield MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-64 AUTHORIZING PREPARATION OF SPECIFICATIONS AND THE SOLICITATION OF BIDS FOR PLAYGROUND EQUIPMENT AT SEVEN PARKS. · Councilmember Mader said he had some concern in that when they authorized the last procurement of park playground equipment, he had been concerned with specifying a vendor and meeting with vendor to establish a criteria and giving them the cost. It becomes a subjective decision in who gets the business. He said he received a call from a vendor who objected to the methodology, and said there was preferential treatment and it was not competitive. He said the other version was the City's version of why they did it that way. He said agenda item 7C was the same issue. When we specify equipment or manufacturer, there won't be a lot of bidders. Maybe that is why we did not get a lot of bids on 7C. He said he was uncomfortable with the proposed process. 72197,DOC 4 · Parks and Recreation Director Hokeness said the first reference to the lighting project at the Ponds was different, and the vendor that was upset was the supplier of the poles who wanted to supply the contractor who was bidding the lights. He said it was common practice to have specifications reference a particular manufacturer's equipment. He said maybe it should be called a request for proposal rather than a bid. He said it was and time and cost consuming to put together a design of each playground or hire a company to do that for him. The proposed bid process saves $1,000 design cost per park · Councilmember Mader said he was not suggesting going over every nut and bolt, but the parks should have specs when they say they are going to buy playground equipment, and not specify a manufacturer. He said he spent 15-20 years involved in government contracting, and a manufacturer should not be specified. He said he was very concerned about the implication and whether it gets the lowest bid. He said a company who feels it is in the drivers seat will not give low bids. · Parks and Recreation Director Hokeness said when he sends out a bid package, it is with Parks Advisory Committee has researched and approved. · Councilmember Mader said this is not a commodity like sand where there is a per unit cost. Giving the price eliminates half the competitive aspect. He said the methodology does not address the lowest price possible. · Parks and Recreation Director Hokeness said bidders sharpen their pencils and will put more equipment in for the particular bid. He said on the last bid, the price was $90,000 and the company who got the bid had included $101,000 worth of equipment. · Councilmember Mader asked where the number came from. · Parks and Recreation Director Hokeness said it was the dollar value of the list price of the equipment purchased. He said if he is doing it wrong then every other community is doing it wrong. Playground equipment is still a commodity. · Mayor Andren asked what other communities do it, why do they do it, and is it a proper process? · City Attorney Pace said yes it is a proper and legal process. · Parks and Recreation Director Hokeness said Edina is the only one he knows of that is doing it differently, and that is because they are spending some extra money they received from a referendum on design work. He said the way Prior Lake and other Cities bidding process functions, the vendors do all the design work. · Mayor Andren asked are there a number of vendors? · Parks and Recreation Director Hokeness said yes. 72197.DOC 5 · Mayor Andren asked if the City advertised for bids. · Parks and Recreation Director Hokeness said yes, in magazines and newspapers. · Mayor Andren said so the public saves about $1,000 per playfield in staff and consultant time, it is advertised in the magazines and papers so that those who are interested in bringing their designs to you can do so. It is an appropriate process? · Parks and Recreation Director Hokeness said yes. · Mayor Andren said so a vendor who missed the bid would not be due to lack of notification from the City. · Parks and Recreation Director Hokeness concurred. · Councilmember Schenck said the first time the Parks Dept. asked the Council to do this method of bidding, he was uncomfortable, but the track record speaks for itself and it works. There is always the option to reject all bids. He said it is a good process and the end result is incredible. · Councilmember Kedrowski said he supported it last time, and he agrees that the process is innovative and said it provides City with greater leverage for dollars. Instead of equipment for low bid they get extras. They know the dollar cap, as long as it is competitive bidding, it is a good and reasonable system to operate under. · Councilmember Mader said the comment was made that all vendors have an equal opportunity, but the City's report said that one vendor was called in and given advance notice, and the specification defined that vendor's equipment. He said allowing an extra week would create the impression of preferential treatment. He said based on the vendors complaint, there was not equal treatment. · Parks and Recreation Director Hokeness said it is common for vendors to assist in putting together specs. A manufacturer's product is called for. Other vendors simply identify exceptions to the specifications but can bid. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader the motion carded. Northwood Oaks Estates 8. NEW BUSINESS: A. Consider Approval of Resolution 97-XX Approving the Preliminary Plat of Northwood Oaks Estates and Resolution 97-XX Approving a Variance to allow a cul-de-sac Greater Than 500 Feet in Length. 72197.DOC 6 · City Manager Boyles introduced the item. He said the Planning Commission reviewed and conducted a Public Hearing. One issue discussed was disturbance of slopes on the site. The subdivision ordinance does not prohibit alteration of slopes. The second issue was a need for neighborhood park. There are two parks in the area and trails are anticipated for inclusion as part of the development. A cul-de-sac which exceeds 500 foot maximum length is the third issue. The Planning Commission evaluated the options and concluded that this proposal resulted in less disturbance of the slope. · Councilmember Kedrowski asked about lots 29 and 30 on the north end of the project. Is there no way to service them without having direct access on Northwood Road? · Planning Coordinator Kansier said the lots would be very difficult to serve through another road. They could do a horseshoe road, but would still end up with another access to Northwood Road, and the Developer would likely lose a lot. · Councilmember Kedrowski asked about County Road 87 and amount of traffic flow. He said the County should develop an alternative route. · Planning Coordinator Kansier said the County had no immediate plans. · Councilmember Kedrowski said it would be prudent to talk to the County about based on minutes of Planning Commission and the issue of no off street parking. · Planning Coordinator Kansier said there would not be a lot of off street parking. There is not going to be a lot of on street parking. People potentially could park on the cul-de-sac or around the comer. · Councilmember Kedrowski said there could be permit parking on the cul-de-sac · Planning Coordinator Kansier said the 32 foot wide surface gives at least one lane of parking. · Councilmember Kedrowski asked about the building envelope. · Planning Coordinator Kansier said on the larger map it shows the graded lots. The building envelopes are also shown. There is no question, it is expensive to build on with existing slopes on the site. She said the subdivision ordinance does not prohibit disturbance of the slope, it suggests that it be avoided. · Councilmember Kedrowski said the City should make a suggestion for County Road 87, and parking. · Councilmember Schenck said it is good to see something on the table for this parcel. He said during the budget process, the Council deals with snow removal, and is told that snow removal from cul-de-sacs slows down the process. This plat proposes 6 72197.DOC 7 cul-de-sacs feeding out to a road that has traffic problems. What about feeding a road through the subdivision in lieu of the cul-de-sacs? · Planning Coordinator Kansier said she had never seen a plan like that. She said the original plan had several more driveways so this was an improvement. She said that a street through the subdivision would take out a row of lots. · Councilmember Schenck said especially at Rolling Hills Circle, the topographical line of sight creates more traffic problems than it resolves. · Planning Coordinator Kansier said another way to look at it is that it would slow traffic down. · Councilmember Schenck said secondly he was concerned there was no park. · Parks and Recreation Director Hokeness said no park is called for in the Comp Plan because of the proximity to Island View and Northwood Park, within 1/2 mile. He said they tried trails, but the severity of slopes and wetlands would not allow it. They talked about a trail into Spring Lake Park. He said neighbors said they would like to have a tennis court, but it is not good park planning and they would have to wipe out 3 lots to accommodate a park. · Councilmember Schenck said one resident suggested a stop sign on Northwood. · Planning Coordinator Kansier said at Freemont, and not necessarily at midpoint. She said a speed survey from patrol came up with one ticket and one warning. · Councilmember Schenck asked about the actual length of Oak Crest Circle. · Planning Coordinator Kansier said the first length was 570 feet, and the second plat was actually 550 feet. · Councilmember Mader said on page four at the top, it says another way was to design a higher density development. · Planning Coordinator Kansier said it could be townhouse units which could be clustered and reduce the number of accesses · Councilmember Mader confirmed that townhomes would preserve the land. · Planning Coordinator Kansier stated the developer could get the same or more units with more efficient land utilization. · Councilmember Mader stated that on page 7 of the Planning Commission minutes there are two comments, one about whether developer should redesign, and Wuellner said it should go back to drawing board. Did that only refer to the cul-de-sac? He 72197.DOC 8 said his impression from the minutes was that fifteen people talked and it did not seem like they were happy. He asked for clarification. · Planning Coordinator Kansier said most would prefer that no development happen. They knew something would be put up eventually. A townhouse development was opposed. Councilmember Mader asked how many lots would be lost if there were only three entrances? · Planning Coordinator Kansier said it would be a guess and she can't give good answer. · Mayor Andren said there is a concem that slopes are being disturbed. She said she would like to see the plat redesigned to minimize that disturbance. She said she did not see any evidence that the Planning Commission was presented with plats that would minimize the disturbance of steep slopes. She said she would like to see alternatives identified so she is assured that everything had been done to preserve the slopes. She said unless she sees that she won't support the preliminary plat. · Councilmember Kedrowski said the wording of the ordinance is open to interpretation. They met the intent of ordinance with this development. · Mayor Andren said it may be possible to minimize disturbance of slope further. · Councilmember Kedrowski said the Planning Commission sent the recommendation to the Council. · Mayor Andren said what she would like to see happen is this be voted down so the developer could submit a design to minimize slopes. · Councilmember Kedrowski asked if he was wrong. · City Attorney Pace said Mayor Andren would like evidence to minimize slope impact. She said she does not think the Planning Commission needs to look at it again. She said it could come back to the City Council. · Mayor Andren suggested that the developer show the staff evidence of this and retum to the Council. · City Attorney Pace suggested the Council could defer to a date certain to provide the developer and staff feasible alternatives to report to the City Council. · Councilmember Kedrowski asked for a timeline. · Mayor Andren asked what is the statutory deadline for this preliminary plat? 72197.DOC 9 Planning Coordinator Kansier said Sept. 13, so the second meeting in August. Councilmember Kedrowski asked if he needed to specifically direct no further slope impact. MOTION BY ANDREN SECOND BY KEDROWSKI TO TABLE THE PRELIMINARY PLAT UNTIL AUG 11 SO THE CITY STAFF AND DEVELOPER CAN PROVIDE EVIDENCE TO THE CITY COUNCIL THAT NO FURTHER OPTIONS ARE AVAILABLE TO MINIMIZE SLOPE IMPACTS. MOTION BY MADER SECOND BY SCHENCK TO AMEND THE MOTION TO HAVE THE STAFF AND DEVELOPER LOOK AT THE NUMBER OF ACCESSES AS WELL. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the amendmemt to the motion carded. · Mayor Andren called the question on the main motion. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. B. Consider Approval of Ordinance 97-XX Regarding the Requirements for Surveys for the Issuance of a Building Permit. · City Manager Boyles distributed a revised version of proposed ordinance. He recommended deferral so the Council could become familiar with the changes. MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE TO AUGUST 4TH. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. C. Consider Approval of Recommendation to Appoint a Person to fill the remainder of Former Councilmember Greenfield's Term. Council Appointment · Mayor Andren said that on June 16 the City Council authorized a subcommittee, Mayor Andren and Councilmember Kedrowski to interview applicants. There was posted notice in Prior Lake American. They received 2 applications, Jodi Stroh from LAC and Jeannie Robbins. After interviewing candidates, the recommendation is that Jeannie Robbins receive the appointment. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPOINT JEANNIE ROBBINS TO FILL THE REMAINDER OF GREENFIELD'S TERM. · Councilmember Mader said it was Friday night when they received the Council packet and he was happy they received 2 applications. He said the problem is he considered both to be well qualified. He called the City Manager and suggested the 72197.DOC 10 possibility of the whole City Council interviewing the candidates. The City Manager said he had discussed with other Councilmember, who were not in favor of that. Councilmember Mader said he would abstain from voting because he did not have a chance to interview the applicants. Councilmember Kedrowski said a big issue was a time concem and the Open meeting law. They needed someone who could attend the meetings. Ms. Stroh is not available for the month of August. He said they used a subcommittee system recommended to the City Council. It would be a cumbersome process to have an open meeting to interview. · Councilmember Mader said he was not suggesting an open meeting. · City Attorney Pace said an interview including more than two Councilmembers creates an open meeting law consideration. · Mayor Andren said her understanding was that Councilmember Mader's wish was to interview them. · Councilmember Mader said they were both so well qualified. He did not expect he would want to interview them. He said he considered both exceptional candidates. He would simply like to talk with them to better understand their position on issues. · Mayor Andren said on June 12, all City Council members received the packet for the meeting on June 16, which reviewed how other Cities go about filling City Council vacancies. One option was to use a subcommittee, which is consistent with past practice. She said it has been five weeks and if he was interested in interviewing candidates he could have communicated that much earlier than at tonight's meeting. · Councilmember Schenck said at the meeting Councilmember Mader wasn't at, it was decided to have a subcommittee based on time concerns. He said the committee was based on seniority. He said he gave Councilmember Kedrowski three questions to ask the candidates. Councilmember Schenck said he has worked with both candidates and they are both good candidates. · Councilmember Mader said he had no objection to the process. On all previous occasions he did not object. He said when he received the resumes on Friday night, he wanted to interview them on behalf of the voters. · Mayor Andren said she wanted to reiterate there was five weeks and there were various options available. She said she was sorry he was not there for the meeting Upon a vote, ayes by Andren, Kedrowski, and Schenck, abstain Mader the motion carried. · City Attorney Pace said it would be appropriate to abstain only if a member had a disqualifying financial conflict. 72197.DOC 1 1 · Councilmember Mader said he had never heard of anyone not being able to abstain any time they wanted to. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: · Councilmember Schenck asked about the proposed telephone area code split. City Manager Boyles said the Council could take an official position if it wished. Councilmember Kedrowski said all calls will eventually be ten digits. Meeting adjourned at 9:15 by general consent. MOTION BY SCHENCK SECOND BY KEDROWSKI TO RECONVENE MEETING. Annexation Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. · Mayor Andren said she attended the Municipal Board Hearing on the Incorporation of Spring Lake and listened to the presentation. She said as a citizen and the Mayor she has no objection to residents of any community being able to sign petitions. She said that was not what she was concerned about. She said she watched for 12 hours and heard the leaders of Keep Spring Organization talk a great deal about their rights to self-governance, and very little about the obligations and responsibility to go with those rights. One of the people giving testimony said their primary reason for petitioning was to keep Deerfield Development in Spring Lake. That property was 100% property owner petitioned. It followed the Orderly Annexation Agreement which been used 5 or 6 times. She said she heard no talk that there reason was to provide City Services to residents. Mr. Kaiser said he was approached by the leaders of Keep Spring, and they were supposed to get the required number of signatures and give the petition to Kaiser to take to Spring Lake Board. She said after asking for Mr. Kaiser's expertise and involvement, he asked where the petition was, and instead it went to the Municipal Board, and people called and asked how to get their names off of it. The theme was "we are a small citizens committee with limited resources". She said she had problem with that. She said the taxpayers did not have the resources to be put out. It took the City staff two days and the City attorneys a considerable amount of time at the cost of Prior Lake taxpayers. She said she thanked Mr. Kaiser, and said she was going to investigate the possibility of Prior Lake taxpayers recovering their costs. She said she did not want to pay for a petition whose primary purpose was to stop a valid process and was misleading. She said some of those people who signed the petition did not know and had been told totally differently. · City Attorney Pace said such action would cost additional attorney time. 72197.DOC 12 · Mayor Andren said with a citizens' committee, it has a responsibility to perform the task assigned. She said the City could send a letter to Keep Spring Association asking them for costs. · Councilmember Kedrowski asked if she meant send them a bill? · Mayor Andren said yes and the other thing was when they sign with the understanding that something will happen, they could get into trouble. There needs to be a safeguard. Not only rights but responsibilities are exercised. She said asked the staff to write to the legislature. · Councilmember Kedrowski said sending a bill would not be good. · Councilmember Schenck said without backing with a legal foundation, it would not carry weight. He said the end result is Keep Spring Association has done irreparable harm to themselves. He said he feels bad spending the money to defend something that needed no defense. · City Attorney Pace said there was a misrepresentation to signator's. The staff could write to the League. A petition should have to have criteria and display what its content will be used for. If doesn't meet certain criteria, government should not accept it. MOTION BY ANDREN SECOND BY SCHENCK TO DRAFT A LETTER TO LMC OR OTHER APPROPRIATE PARTY EXPLORING WHETHER ANY PROTECTIONS AGAINST FALSE REPRESENTATION FROM A PETITION COULD BE IMPLEMENTED. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carded. 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT: The meeting was adjourned by general consent at 9:31 p.m. 72197.DOC 13