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HomeMy WebLinkAbout4A-Minutes of 09 08 14 O� PRION ti U 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 8, 2014 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Soukup, City Manager Boyles, Assistant City Manager Meyer, City Attorney Rosow, City Finance Director Erickson, City Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community Development Director Rogness, Police Chief O'Rourke, and Executive Assistant Dull. 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. Boyles: Reviewed the process for the public forum. With no persons interested in speaking, Mayor Hedberg opened and closed the Public Forum at 7:03 p.m. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY KEENEY, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF AUGUST 11, 2014 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY KEENEY, TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 2014 CITY COUNCIL MEETING. VOTE Hedberg 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 1 Assessment Roll foF 2014 Unpaid SpeGi-al ChaFges, and Establishing the date of the Assessmen G-.-- GonsideF AppFoyal of a Resolution AppFoving the Sele-Gtion of a Consultant fGF a Downtown PaFking Analysis D. Consider Approval of Resolution No. 14-129 Approving the Combination of Assessments Levied Against Two Parcels to One Combined Replacement Parcel (Berens Bus) E. Consider Approval of Resolution No. 14-130 Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the Overlay of 176th Street F-.— Consider Approval of a Resolution Approving an Amendment to the joint PoweFS AgFeeffle G. Consider Approval of Resolution No. 14-131 Declaring Costs to be Assessed and Ordering Preparation of an Assessment Roll and Establishing the Date of the Assessment Hearing for the Maplewood Street Improvement Project(Project#14-012) Morton: Requested items B, C, and F be removed from the Consent Agenda and added to the regular agenda. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye 19 ER EK N X Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS: None. PUBLIC HEARINGS: 7A. Public Hearing to Consider Approval of a Resolution to Vacate a Public Drainage and Utility Easement Located Within the Proposed Crystal Bay Townhomes 2nd Addition Plat Rogness: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended approval of a resolution approving the vacation of the public drainage and utility easement subject to City Council's approval of the final plat modification to Crystal Bay, as presented. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO OPEN THE PUBLIC HEARING AT 7:11 P.M. TO CONSIDER APPROVAL OF A RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PROPOSED CRYSTAL BAY TOWNHOMES 2ND ADDITION PLAT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY KEENEY, SECOND BY MORTON, TO APPROVE RESOLUTION NO. 14-132 VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE PROPOSED CRYSTAL BAY TOWNHOMES 2ND ADDITION PLAT AND CLOSE THE PUBLIC HEARING AT 7:12 P.M. VOTE Hedberg Keeney McGuire Morton Soukup Aye 09 08 14 City Council Meeting Minutes 2 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 7B. Public Hearing to Consider Approval of a Resolution to Vacate a Portion of Candy Cove Trail Right of Way Adjacent to 5308 Candy Cove Trail SE Rogness: Noted the applicant requested a continuance to the September 22, 2014 Council meeting to be able to provide additional information. Staff recommended the Council poll the audience to determine whether anyone was present to provide comments. If so, open the public hearing, take testimony and continue the public hearing to the September 22, 2014 regular Council meeting. If not, do not open the public hearing and continue the item to the September 22, 2014 regular Council meeting. Hedberg: polled the audience and noted no one was present to comment on this public hearing. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO CONTINUE THE PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION TO VACATE A PORTION OF CANDY COVE TRAIL RIGHT OF WAY ADJACENT TO 5308 CANDY COVE TRAIL SE TO THE NEXT REGULAR CITY COUNCIL MEETING ON SEPTEMBER 22, 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS 8A. Consider Approval of: (1) Ordinance 114-15 Approving a Major PUD Amendment to the Crystal Bay Townhomes PUD Final Plan and (2) Resolution No. 14-133 Approving the Final Plat for Crystal Bay Townhomes 2nd Addition. Rogness: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended approving Ordinance No. 114-15 and Resolution No. 14-133. Morton: Inquired whether any variances were needed for Lots 1 and 2 being so close. Rogness: Stated the same question was presented at the public hearing and the developers will maintain at least 10 feet between structures. Commented that the PUD allowed for deviation from regular setback requirements. Hedberg: Asked if the design square footage was previously proposed and approved. Scott Hurm, Crest Exteriors (Developer for Crystal Bay Townhomes): Stated the structures were following suit; the only change is that they will be detached. Morton: Asked if there was any feedback from the existing owners for the detached homes. 09 08 14 City Council Meeting Minutes 3 Rogness: Advised the Association voted for the change but there were some residents that had concerns. Believed overall that the residents supported the amendment and it generally fits with the existing designs. Keeney: Inquired about the trail showing on Lot 1. Hurm: Noted one reason the design was being changed from 4 twin homes to 3 detached was due to the trail going through what would have been the 4th twin home so the amendment would allow space for the trail. MOTION BY MORTON, SECOND BY SOUKUP, TO APPROVE ORDINANCE NO. 114-15 APPROVING A MAJOR PUD AMENDMENT TO THE CRYSTAL BAY TOWNHOMES PUD FINAL PLAN, SUBJECT TO THE CONDITIONS DETAILED IN THE STAFF REPORT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z Z Z Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MORTON, SECOND BY MCGUIRE, TO APPROVE RESOLUTION NO. 14-133 APPROVING THE FINAL PLAT FOR CRYSTAL BAY TOWNHOMES 2ND ADDITION, SUBJECT TO THE CONDITIONS DETAILED IN THE STAFF REPORT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z Z Z Z Z Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 86. Consider Approval of Resolution No. 14-134 Selecting an Alignment Alternative for the 150th Street/ TH 13 Improvement Project Poppler: Reviewed the staff report dated September 8, 2014 in connection with the agenda item and introduced Mike Kotila (SEH). Staff recommended the Council review and approve their preferred alignment alternative. Kotila: Reviewed a presentation to Council and the public recapping the various concepts and discussions to date. McGuire: Commented he didn't want to lose$2.1 million from MnDOT, recognized something needed to be done in the area, but had a problem with spending $2+ million from City of Prior Lake for a less than adequate design at Zinran. Noted 5B better served more residents on 150th Street. Morton: Agreed with McGuire and stated it felt like they were being forced into a decision that is not best for the City of Prior Lake. Inquired about MnDOT funding and whether it would be available following continued negotiations. Jon Solberg, MnDOT: Advised that a decision needed to be reached immediately as the deadline has already been extended past the September 1St cut-off. Noted that of the$2.1 million, $700,000 would remain allocated to the Cities for a short time. The other$1.4 was from traffic safety and without a decision, MnDOT had to move 09 08 14 City Council Meeting Minutes 4 forward with other projects to ensure the funds are used by June 1, 2015. The $1.4 could come back but there are other priorities so it would likely be a few years. McGuire: Inquired about cost sharing. Solberg: Advised that signal costs are typically 50/50 however, the proposed project was a total reconstruction so there are more costs outside of signal reconstruction that benefit the highway and the cities. Hedberg: Inquired why 150th was geographically preferred. Also inquired about the skew with alternative 6D noting that it appears to have restricted sightlines. Commented that 6D also had traffic conflicts with peak traffic on TH 13, traffic from Aspen and traffic from the school and asked how that was analyzed as it didn't seem to pass the common sense test. Stated he favored the 150th Street options and couldn't be persuaded otherwise as it better served Prior Lake residents. Kotila: Explained that 150th is the connection between collectors and highway so it was logical but noted that from functional standpoint, safety objectives could be served at either location.Added that optimum condition for an intersection is a 90 degree crossing and that based on real situations, skews can be acceptable. Noted that the proposed intersection at Zinran would not compromise public safety. Also commented that for the Zinran option, a left turn lane would be provided to allow traffic to bypass, that Aspen Academy operates primarily internally,and that all traffic on all streets were considered in all cases and the movements can be accommodated very well with the Zinran option. Keeney: Agreed that additional impacts would need to be mitigated if moving forward with Zinran noting that in the long term, this option may be just as expensive as the other due to the extras that would be needed. Expressed concern for the residents at 150th Street on the Prior Lake side. Noted both Councils agreed that something needed to be done but questioned the decision even from the point of view of the Savage Council, Soukup: Commented the school board stated the district was growing and getting busier and was concerned with increased traffic to neighborhoods due to flow changes. Stated they shouldn't spend money because it is free money knowing it will have to be redone later. Did not support Zinran as it was not a long term solution and access for community on the lake side would be problematic. Morton: Questioned future access management. Kotila: Commented that if 150th signal were selected, there would be no left turn at Zinran and Rustic Road intersection would remain open to all ways. Mitigating access of Rustic Road could be completed through various approaches including providing a northbound acceleration lane and add a median to separate northbound from southbound traffic but that would be an additional cost. Poppler: Stated that both concepts achieve the primary project objectives of safety,TH 13 traffic flow, and minor street delays. Differentiators were access to/from TH 13 and traffic patterns, project cots, right of way needs and because of these differentiators, staff recommended the Zinran option. Further explained how staff arrived at the recommendation. John Powell, City of Savage Public Works Director: Commented that the City of Savage reached their decision based upon additional risk from obtaining right of way from the church property as well as from taking two homes.Also noted that extending the project would be a cost of an additional$200,0004300,000 each year with inflation. 09 08 14 City Council Meeting Minutes 5 MOTION BY MCGUIRE, SECOND BY MORTON, APPROVING RESOLUTION NO. 14-134 SELECTING ALTERNATIVE 5B FOR CONSTRUCTION OF TH 13/150TH STREET IMPROVEMENTS (PROJECT #TRN- 2015-0001) AND DIRECTING STAFF TO MAKE A FORMAL REQUEST TO MNDOT FOR ADDITIONAL TIME TO RESOLVE ISSUES WITH THE CITY OF SAVAGE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ER Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A. Consider Approval of Resolution No. 14-135 Authorizing the Mayor and City Manager to Enter into the City's Standardized Professional Services Agreement for Duluth Avenue Intersection Project Poppler: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-135 Authorizing the Mayor and City Manager to execute a Professional Services Contract with WSB and Associates. McGuire: Inquired whether the additional hours allocated by WSB would be used. Hedberg: Asked whether the quote was fixed or time and materials. Keeney: Requested confirmation that cost included engineering and whether 20% of the project cost being allocated to engineering was typical. If so, he supported WSB. Morton:Asked whether invoices would include hours used and whether the new ERP system being implemented would also provide project management. Poppler:Advised that consultants make assumptions on how much time it would take but WSB's quote provides additional flexibility for the public process. Noted WSB would be a not to exceed price for time and materials and confirmed amounts included engineering costs and 20% of costs dedicated to engineering was typical. Also confirmed that invoices would include hours used. Erickson:Advised the ERP software includes project accounting specifically,engineering,construction, bonding, purchase orders, and any other expenses. Poppler: Stated that WSB's proposal was if they work less than those hours, it would be less than SEH as the City would be billed on an hourly basis. MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE RESOLUTION NO. 14-135 APPROVING A CONTRACT WITH WSB AND ASSOCIATES. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 09 08 14 City Council Meeting Minutes 6 ITEMS REMOVED FROM CONSENT AGENDA 10A. Consent Agenda Item 5B. Consider Approval of Resolution 14-136 Declaring Costs to be Assessed and Ordering Preparation of an Assessment Roll for 2014 Unpaid Special Charges,and Establishing the date of the Assessment hearing for the 2014 Unpaid Special Charges. Erickson: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended approval of a resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment rolls for the 2014 Unpaid Special Charges, and establishing October 13, 2014 for the assessment hearing date. Morton: Noted that this policy was changed about a year ago which she didn't like. Noted that the City would collect the money but would also bear the burden over time. Supported moving forward with the recommendation but asked whether this is an opportunity to make a policy change. McGuire: Commented that this goes beyond the City carrying balances and believed the policy was changed for liability reasons. Rosow: Confirmed the policy was enacted for liability reasons. Explained that the League of Minnesota Cities recommended using the certification process because it eliminated confusion as well as possible violations of statutes for cold weather shut offs and staff time to unfreeze the ground to unfreeze pipes.Added that LMC states Cities are assured of getting money whether transfer of title, bankruptcy, dissolution, etc. LMC also cites public safety concerns with sewer and toilets because if those are not working, should the City then notice the homeowner to vacate the premises. This is a policy questions for Council consideration. Boyles: Suggested moving forward with the recommended action and moving the policy consideration to a work session. MOTION BY MORTON, SECOND BY KEENEY, TO APPROVE RESOLUTION NO. 14-136 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2014 UNPAID SPECIAL CHARGES AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING AND PUBLICATION THEREOF. VOTE Hedberg Keeney McGuire Morton Soukup Aye X 19 EK S ER Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 10B. Consent Agenda Item 5C. Consider Approval of Resolution 14-137 Approving the Selection of a Consultant for a Downtown Parking Analysis. Rogness: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended selection of SRF to complete a study according to its proposal dated August 22, 2014 and authorizing the City Manager to execute a standard agreement for professional services. Morton: Commented that some changes may be coming for County Road 21 which was not addressed in the statement of work and asked whether it should be addressed. 09 08 14 City Council Meeting Minutes 7 Rogness: Confirmed County Road 21 changes would be addressed and both consultants would be contacted to incorporate as a part of the criteria. Keeney: Commented that criteria gets developed and then evaluated before Council review and he would like to see that step come back to the EDA on a preliminary basis before going into the evaluation process stating that the City needed to convey the goals before the consultants evaluate. Rogness: Agreed with suggestion. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION NO. 14-137 APPROVING THE SELECTION OF A CONSULTANT FOR A DOWNTOWN PARKING ANALYSIS. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 10C. Consent Agenda Item 5F. Consider Approval of Resolution 14-138 Approving an Amendment to the Joint Powers Agreement for Prosecution Services through the Scott Joint Prosecution Association. O'Rourke: Reviewed the staff report dated September 8, 2014 in connection with the agenda item. Staff recommended adoption of the resolution authorizing the Mayor and City Manager to approve the amendment to the Joint Powers Agreement merging SJPA into Scott County. Morton: Noted an evergreen clause and asked that as the quarterly payments are made to SJPA, could the Council receive a report on it. Commented she didn't want it buried in the claims listing and asked if they could have a process in place. Erickson:Commented that current SJPA payments are included on the claims list and that payment of revenues received also show on the claims list. O'Rourke: Stated the new agreement will state that the County's office will provide a report and that this would be a pass-through but would be able to compare in the future. Morton: Stated she wanted to be able to watch the trigger date due to the clause in the contract. Rosow: Explained that the JPA is the base agreement as of December 14, 2009 noting he was retained to draft the agreement. Stated under the clause, the City would not pay any costs as there would be a shortfall and that fines would remain with the County. Morton: Commented that there is a trigger point where files exceed fines collected and based on historical situations, she wanted to try to anticipate so they don't miss the one year clock. Rosow: Advised that the City would have sufficient time to take action if the clock begins. Keeney: Inquired how much of the policy was governed by the Cities and whether they had input. 09 08 14 City Council Meeting Minutes 8 O'Rourke: Explained that relationships have been developed over time and the lead attorney for SJPA has greatly benefitted the services the city receives noting it was a give and take. Added that the County attorneys also provide legal services for the County in addition to prosecution services and that they have tailored their services for the Prior Lake Police Department. Commented that if they weren't representing the City's best interest, he would hear about it and discuss with SJPA. Keeney: Requested confirmation that attorneys in SJPA would be hired for the County, that PLPD anticipated continued support and satisfaction of the program under the new structure, and stated he wanted to watch how it impacts Prior Lake and follow-up reports. O'Rourke: Confirmed County employment, continued satisfaction, and stated that the Councils options were to either approve or opt out and hire their own prosecution attorneys. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION NO. 14-138 AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE AN AMENDMENT TO THE SCOTT JOINT PROSECUTION SERVICES JOINT POWERS AGREEMENT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS 1 COUNCILMEMBER REPORTS Hedberg: Commented the Prior Lake profile was used at the Scott County Broker Day and thanked the EDAC and staff who put it together. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON, seconded by KEENEY. The motion carried and the meeting adjourned at 8:51 p.m. VAL Frank B6yJ9, dity Manager 09 08 14 City Council Meeting Minutes 9