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HomeMy WebLinkAbout4 - 08 25 14 Meeting Minutes oI FRI() t~ 9 U x 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES "�Irn„ESo'�P August 25, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, City Manager Boyles,Assistant City Manager Meyer,Assistant City Attorney Johnson,City Finance Director Erickson, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, City Planner Matzke, Police Chief O'Rourke, Fire Chief Hartman, and Executive Assistant Dull. Councilors Morton and Soukup were 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 maybe 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. Boyles: Reviewed the process for the public forum. Vern Goehring (5576 Lost Horizon Cir.): Concerned with the health and welfare of occupants at 4065 Eau Claire Trail NE due to laws and codes that were violated in the construction process. Noted the building permit was issued for sheet rock and minor surface repair but the actual work was more costly and involved major repair for a roof truss that was rotted on both sides of its peak. Discussed roof trusses and their designs, which are to be certified by professional structural engineers, and noted the process was ignored and City's response was inadequate. Asked what happens to the people at 4065 Eau Claire if the building falls on them as a result of the major structural repairs completed without appropriate supervision. APPROVAL OF AGENDA Boyles: Noted Items 7a and 9a required super-majority vote by the Council and with two members absent, a super-majority was not possible so items required either removal or continuance. MOTION BY HEDBERG, SECOND BY KEENEY, TO AMEND THE AGENDA REMOVING ITEM 9A. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ IK ER The motion carried. MOTION BY MCGUIRE, SECOND BY KEENEY, TO APPROVE THE AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ 1 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® z The motion carried. APPROVAL OF AUGUST 11,2014 CITY COUNCIL MEETING MINUTES MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE THE MINUTES OF THE AUGUST 11, 2014 CITY COUNCIL MEETING. VOTE Hedberq Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ The motion carried. CONSENT AGENDA 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 Animal Control Services Report E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report G. Consider Approval of Resolution No. 14-123 Approving a Temporary Liquor License Extension for the Prior Lake VFW H. Consider Approval of Three Resolutions for 2015 Road Improvement Projects: 1) Resolution No. 14- 124 Ordering the Preparation of a Feasibility Report for the Credit River Road Improvement Project and 2) Resolution No. 14-125 Ordering the Preparation of a Feasibility Report for the Highland Avenue, Marsh Street, and Skyline Avenue Improvement Project and 3) Resolution No. 14-126 Ordering the Preparation of a Feasibility Report for the Grainwood Circle and Eau Claire Trail Improvement Project MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ z The motion carried. PRESENTATIONS: 6A. Fire Department Badge Ceremony for Three New Employees Hartman and Hedberg: Conducted a badge presentation and oath of office ceremony to three new firefighters, Ken Lofald (Badge 138), Mack McLarty(Badge 139), and John Pagano(Badge 140),for their completion of over 180 hours of training and State Certification as Firefighter ll, Hazmat Operations, and First Responder. The Fire Department ALS Ice Bucket Challenge video was played for the public. The Prior Lake Fire Department then challenged the Prior Lake Police Department to the ALS Ice Bucket Challenge. Hartman: Mentioned the Fire Department BBQ would take place Sunday, September 7th from 3-7 p.m. 08 25 14 City Council Meeting Minutes 2 Mayor Hedberg recessed the meeting at 7:20 p.m. and reconvened the regular meeting at 7:23 p.m. McGuire: Commented that he accepted the challenge recently and he now challenges the Mayor, City Manager, and the rest of the City Council to the ALS Ice Bucket Challenge. PUBLIC HEARINGS: 7A. Public Hearing to Consider Approval of a Resolution Vacating a Drainage and Utility Easement Located Within the Proposed Crystal Bay Plat Matzke: Reviewed the staff report dated August 25,2014 in connection with the agenda item. Staff recommended approval of a resolution approving the proposed drainage and utility easement vacation, subject to City Council's approval of the final plat modification to Crystal Bay, as presented. MOTION BY MCGUIRE, SECOND BY KEENEY, TO OPEN THE PUBLIC HEARING AT 7:28 P.M. TO CONSIDER APPROVAL OF A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PROPOSED CRYSTAL BAY PLAT. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ The motion carried. Hedberg: Confirmed no one wished to speak at the public hearing and commented that the public hearing should be continued due to a super-majority not present. MOTION BY KEENEY,SECOND BY MCGUIRE,TO CONTINUE THE PUBLIC HEARING TO THE SEPTEMBER 8, 2014 REGULAR MEETING OF THE PRIOR LAKE CITY COUNCIL. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ The motion carried. OLD BUSINESS 8A. Consider Approval of a Resolution Establishing the 2040 Vision and Strategic Plan Boyles: Reviewed the staff report dated August 25,2014 in connection with the agenda item. Invited all members of the public to attend future strategic plan meetings to provide input and commented on the Council's discussions during the work session regarding the draft plan. Noted that the document will be sent out to the public who attended the visioning meeting for additional comments. It will then come back to Council for approval. No action needed tonight. Keeney: Reiterated the direction discussed in work session included distributing a draft plan to the public involved in the process for review and comments,collect their input, implement if needed,and approve at a future meeting. 08 25 14 City Council Meeting Minutes 3 813. Consider Approval of a Resolution Providing for the Issuance and Sale of $2,665,000 General Obligation Bonds, Series 2014A Erickson: Reviewed the staff report dated August 25, 2014 in connection with the agenda item. Staff recommended adoption of a resolution providing for the issuance and sale of $2,665,000 General Obligation Bonds, Series 2014A. Steve Mattson and Tammy Omdal, Northland Securities: Reviewed the bond sale process and results, ratings from Moody's and S&P,the difference between the rating agencies,and how this affects the City moving forward. McGuire: Complimented staff and Northland for achieving the double"a" plus rating. Keeney: Inquired about the Debt and Contingent liabilities section of the S&P which indicated "weak" and what that meant and what the number thresholds were for each category of the scale. Omdal: Explained there were different criteria but even with "weak" it was still a strength for the City. She also confirmed that the category was due to debt being high compared to revenue but that there were triple"a"ratings with the same "weak" category noting that in the end, that is where the City fell on rating criteria and it was sometimes a factor of where the City stands in development. Commented that the scale was very weak to very strong with midpoint being adequate. Hedberg: Asked whether both were consistent with understanding of municipal finance. Omdal: Confirmed noting that other factors also played a role such as demands for service in the community. Hedberg: Inquired about special assessment levy interest rates. Erickson:Advised it was 2%over net interest cost; net interest is 2.011% so it would be 4%. MOTION BY MCGUIRE, SECOND BY KEENEY, APPROVING RESOLUTION NO. 14-127 PROVIDING FOR THE ISSUANCE AND SALE OF $2,665,000 GENERAL OBLIGATION BONDS, SERIES 2014A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. VOTE Hedberg Keeney McGuire Morton Soukup Aye N N N ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ N N The motion carried. 8C. Consider Approval of a Resolution Selecting an Alignment Alternative for the 150th Street/Highway 13 Improvement Project Poppler: Reviewed the staff report dated August 25, 2014 in connection with the agenda item. Staff recommended approval of a resolution selecting alternative 6C— intersection of Zinran for the TH 13 and 150th Street Improvement Project. 08 25 14 City Council Meeting Minutes 4 Mike Kotila, SEH, Project Consultant: Reviewed a presentation to the Mayor and Council discussing the alignment alternatives, impacts to future surrounding accesses, MnDOT spacing guidelines, and comments from public outreach. McGuire: Inquired about the cost of a traffic signal at Rustic Road rather than an acceleration lane based upon the 150th St. alignment. Kotila: Commented a signal had not been considered but that cost could be estimated around $500,000 to add the signal and adjust the approaches. Noted that based on conversations, MnDOT would not be willing to accept this option at this point as two signals along the corridor does not comply with MnDOT guidance. Hedberg: Noted current classification of Hwy 13 as a principal arterial but, a recent letter from MnDOT in response to a request to reclassify was generally in support of reclassification to minor arterial. Inquired whether reclassification would change the view of MnDOT with respect to a signal at Rustic Road. Poppler: Commented that there were approximately 125 homes in the neighborhood at Rustic Road which wouldn't generate enough traffic to warrant a signal at that intersection. Keeney: Asked about the number for the homes impacted for each of the neighborhoods. Kotila: Commented a full accounting was not completed however, the 150th neighborhoods seemed about 34 times larger. Hedberg: Asked whether there was a way to redesign the Zinran intersection. Also inquired how long it would operate acceptably and whether installation of left turn lanes at Rustic Road instead of acceleration lanes was a practical alternative if a signal couldn't be installed. Confirmed with Kotila that if option 5 were pursued at 150th St., Rustic Road would remain full access until some future event. Kotila:Advised that if option 6 were selected for Zinran,the design of the intersection would be refined to operate safely. Added that both locations would require a balance between right of way impacts and safety of the intersections and that neither of the proposed locations would operate unacceptably. Commented that Hwy 13 currently had bypass lanes so pavement width was available to designate a left turn lane which would require remapping the existing configuration. Keeney: Inquired whether the 150th St. concept alignment could be moved to lessen right of way acquisition impacts. Kotila: Pointed out constraints near the lake and that there was potential to move only a couple of feet which was not enough to reduce impacts. McGuire: Noted comments that Bethesda provided support for 150th alignment and inquired whether they were willing to give right of way for the project. Kotila: Advised that they did not state they would give necessary right of way and expected to be fairly compensated but that they would support the alignment. Keeney: Stated that without added costs at Rustic Road, the 150th St. option made more sense as it was a more direct street that served a larger neighborhood. 08 25 14 City Council Meeting Minutes 5 Hedberg: Supported 150th St. alignment due to the size of neighborhood as long as left turn lanes were also incorporated at Rustic Road. Stated factors for support included size of neighborhoods, potential lack of safety of Zinran intersection as designed, and added acquisition and design costs to redesign Zinran as a more squared intersection for better traffic flow and safety. McGuire: Commented he was reluctant to cut anyone's access off but from a safety standpoint, agrees with Mayor that if turn lane improvements could be accomplished at Rustic Road, he would support the 150th St. alignment. Hedberg: Noted construction was scheduled for 2015 and Savage would be acting on the item on September 2nd Boyles: Advised that there was a quorum present to act. However, the Council could consider whether they would like the absent members to weigh in on before making a decision. Savage has expressed an interest in Zinran and will act on September 2nd. Suggested Council either convey their preferred alignment for Savage's consideration or direct city staffs work together. Poppler: Confirmed Councilors' favored 150th St. alignment. Commented Councilors could adopt a resolution endorsing the 150th St. alignment or wait until the next regular meeting on September 8th after Savage has made its decision. Noted that if Prior Lake and Savage cannot agree on an alignment, there will not be a project as MnDOT will not make the final decision. Hedberg: Suggested an alternative would be to pass an advisory resolution in favor of option 5 and schedule a joint meeting with Savage City Council on Sept. 2 to try to collectively reach a decision adding it was a mistake to do nothing. Keeney: Inquired whether Savage commemorated specifics for their support of the Zinran alignment. Poppler: Commented primary reasons were reduced right of way impacts, costs, and reconstruction of Zinran with the intersection project. MOTION BY HEDBERG, SECOND BY MCGUIRE, TO COMMUNICATE TO THE CITY OF SAVAGE ON AN ADVISORY BASIS, PRIOR LAKE'S ENDORSEMENT OF OPTION 5 (150TH STREET ALIGNMENT) WITH LEFT TURN LANE IMPROVEMENTS AT RUSTIC ROAD AS A PART OF THE PROJECT AND REQUEST A JOINT MEETING WITH THE CITY OF SAVAGE TO FURTHER DISCUSS OPTIONS PROVIDED IN AN ATTEMPT TO REACH A JOINT RESOLUTION AND PROCEED WITH A PROJECT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ Z Z The motion carried. 8D. Consider Approval of Resolution No. 14-128 Approving the Purchase of Property at 4664 Dakota Street SE 08 25 14 City Council Meeting Minutes 6 Rogness: Reviewed the staff report dated August 25, 2014 in connection with the agenda item. Staff recommended approval of a resolution authorizing the purchase of property at 4664 Dakota Street SE for $145,000 or at some lesser amount that the City Council may desire. MOTION BY KEENEY,SECOND BY MCGUIRE,TO APPROVE RESOLUTION NO. 14-128 AUTHORIZING THE PURCHASE OF PROPERTY AT 4664 DAKOTA STREET SE AT THE ASSESSOR'S VALUE OF $140,500. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ Z Z The motion carried. 8E. Consider Approval of a Report on the Rolling Oaks Improvement Project, City Project#14-013 Poppler: Reviewed the staff report dated August 25, 2014 in connection with the agenda item. Staff recommended Council determine the appropriate alternative including either cancelling the public hearing, deny the item for a specific reason and provide staff with direction, or take no action and conduct the hearing as presently scheduled for September 22, 2014. Hedberg: Commented that he doesn't want to approve the project until receiving an approved preliminary plat and noted that the property owners were interested in selling and developing. MOTION BY HEDBERG, SECOND BY MCGUIRE TO NOT REINSTITUTE THE PROJECT UNTIL A DEVELOPER IS ON BOARD. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ Z Z The motion carried. Keeney: Confirmed the public hearing and neighborhood meeting notification process would be restarted and the current one would be cancelled. MOTION BY MCGUIRE, SECOND BY KEENEY TO CANCEL THE PUBLIC HEARING AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ Z Z The motion carried. NEW BUSINESS 9A. Consider Approval of a MaJoF PIJD Amendment fOF the GFystal Bay Townhemes Planned Uni This item was removed from the agenda. 913. Consider Approval of a Resolution Appointing a Commissioner and Alternate Commissioner to the Minnesota Valley Transit Authority 08 25 14 City Council Meeting Minutes 7 Rogness: Reviewed the staff report dated August 25,2014 in connection with the agenda item. He read an email received from Jane Kansier at MVTA providing a status update. Noted appointments and that Councilmember McGuire was the current Councilor representing transit. Staff recommended approval of a resolution appointing a City Council member to represent Prior Lake as a Commissioner on the MVTA Board and the MVTA Bond Board for a term expiring on December 31,2016 and approval of a resolution appointing Community Development Specialist Casey McCabe to the position of Alternate Commissioner on the MVTA Board and to serve on the MVTA Technical Work Group for a term expiring on December 31, 2016. Keeney: Inquired about the term, whether it was MVTA's set term or the City's, whether other absent councilors wanted to serve and if Councilor McGuire wanted to serve. Hedberg: Commented the term was a two year appointment. Boyles: Commented he hadn't received any expressions of interest from other Councilors. MOTION BY HEDBERG, SECOND BY KEENEY, APPROVING RESOLUTION NO. 14-129 APPOINTING COUNCILOR MCGUIRE AS MINNESOTA VALLEY TRANSIT AUTHORITY COMMISSIONER, STAFF MEMBER CASEY MCCABE AS AN ALTERNATE COMMISSIONER, AND CITY STAFF MEMBER CASEY MCCABE TO SERVE ON THE MINNESOTA VALLEY TRANSIT AUTHORITY TECHNICAL WORK GROUP. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ 1K z The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: None. OTHER BUSINESSICOUNCILMEMBER REPORTS: 11A. Conduct a Closed Session to Discuss with Counsel Litigation Strategy and Proposed Settlement of City Claims Against Chard on the Sunset Avenue Project Mayor Hedberg retired the Council to executive session at 8:57 p.m. to discuss with counsel litigation strategy and proposed settlement of City claims against Chard on the Sunset Avenue project and reconvened the regular meeting at 9:33 p.m. MOTION BY HEDBERG, SECOND BY KEENEY, TO ACCEPT THE PROPOSED MEDIATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND CHARD DEVELOPMENT REGARDING THE SUNSET AVENUE PROJECT WITH THE FOLLOWING TERMS: 1) CITY ASSESSES $39,000 IN LIQUIDATED DAMAGES, 2) BOTH THE CITY AND CHARD WAIVE ALL CLAIMS INCLUDING CHANGE ORDERS, INTEREST AND BACKCHARGES, AND 3) ALL EXISTING WARRANTIES OR OTHER SPECIAL OBLIGATIONS UNDER THE CONTRACT REMAIN INTACT AND ARE NOT RELEASED. VOTE Hedberq Keeney McGuire Morton Soukup Aye ® ® ® ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ The motion carried. 08 25 14 City Council Meeting Minutes $ MOTION BY KEENEY, SECOND BY MCGUIRE, TO DIRECT STAFF, AT A CONVENIENT TIME FOR STAFF, TO REVIEW THE CONTRACT AND BID PROCESS AND MAKE RECOMMENDATIONS FOR IMPROVEMENT TO BETTER PROTECT RESIDENTS SHOULD SIMILAR LITIGATION ARISE IN THE FUTURE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® E ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ER 0 The motion carried. Keeney: Commented that the year to date totals for DWI's, vehicle accidents, and traffic stops were up significantly from last year. Reminded residents that most of the traffic from Prior Lake are people that live in Prior Lake, noted that one of the primary concerns is traffic safety, and requested everyone slow down a bit and drive safer to help reduce those numbers. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MCGUIRE, seconded by KEENEY. The motion carried and the meeting adjourned at 9:38 p.m. VAL Frank B69, dity Manager 08 25 14 City Council Meeting Minutes 9