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HomeMy WebLinkAbout4 - Minutes of 10 13 14 0F FRIO ti U 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES `�'rNxpSo�P October 13, 2014 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, and Soukup. Councilor Morton was absent. Also present were Manager Boyles, Assistant Manager Meyer, Attorney Rosow, Accounting Manager Erickson, Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Director Rogness, Police Chief O'Rourke, Project Engineer Thongvanh, 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. Mayor Hedberg opened the Public Forum at 7:03 p.m. Jim Space, (1109 Quiote Ave., Lakeland, City Letter Regarding Water Access): Referenced a letter signed by Community and Economic Development Director Rogness regarding land rights within Sunfish Bay addition and requested preservation of his land rights. Distributed Scott County plat map displaying lots 1-7 as well as a strip of land along the shoreline that was property in question along with copies of the correspondence in question and responses. Recited paragraph from the plat that the strip of land was dedicated to the owners of lots 1-31 including use of the road along the waterfront. Displayed an enlarged version of the plat showing the dedication. Noted the letter from Rogness stating property was no longer in ownership of the back lots and suggested the letter eliminated rights to use the land. Commented the letter was misleading to the public and invited law suits. Requested a letter of retraction or correction from the City to preserve the land rights of all owners within the plat. Hedberg: Advised the letter was intended to be an advisory letter and not a legal opinion and would not be deliberated on tonight. Rosow: Provided background information and requested the Council not engage in discussion as a determination needs to be made as to whether this concern is related to a quiet title action in which Mr. Space has hired an attorney and the City is a defendant. Space: Commented the concern had no relation to the quiet title action and there was no pending litigation. Hedberg: Responded the Council must rely on the opinion of the attorney. 1 Mark Coffman (15901 Sunfish Tr. SE, Prior Lake, City Letter Regarding Water Access): Commented his concerns were the same as Mr. Space. With no other wishing to speak, Mayor Hedberg closed the public forum at 7:20 p.m. APPROVAL OF AGENDA MOTION BY SOUKUP, SECOND BY KEENEY, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E ❑ E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. APPROVAL OF SEPTEMBER 22.2014 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE,SECOND BY SOUKUP,TO APPROVE THE MINUTES OF THE SEPTEMBER 22,2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E ❑ E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. CONSENT AGENDA Boyles: Reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of August Treasurers' Report C. Consider Approval of Resolution No. 14-152 Calling for a Public Hearing to Consider Amendments to Subsection 1107.2200, Architectural Design D. Consider Approval of Resolution No. 14-153 Accepting Proposals and Authorizing the Mayor and City Manager to enter into the City's Standardized Professional Services Agreement for Design Survey for the Credit River Road Improvement Project(City Project TRN 15-000006) E. Consider Approval of Resolution No. 14-154 Authorizing Special Hunts for two Locations for Mike Vierling MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E ❑ E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. PRESENTATIONS: NONE. PUBLIC HEARINGS: 7A. Public Hearing to Consider Special Assessments for the 2014 Unpaid Special Charges and Consider Approval of a Resolution Adopting the Assessment Roll for the 2014 Unpaid Special Charges 10 13 14 City Council Meeting Minutes 2 Erickson: Reviewed the staff report dated October 13, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-155 adopting the assessments for the 2014 unpaid special charges. MOTION BY KEENEY, SECOND BY MCGUIRE, TO OPEN THE PUBLIC HEARING AT 7:25 P.M. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. Hedberg: Confirmed no one wished to testify at the Public Hearing. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO CLOSE THE PUBLIC HEARING AT 7:26 P.M. AND APPROVE RESOLUTION NO. 14-155 ADOPTING ASSESSMENTS FOR THE 2014 UNPAID SPECIAL CHARGES. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E ® ❑ E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. 7B. Public Hearing to Consider Adoption of a Resolution Approving the Assessment Roll for the Maplewood Public Improvement Project(14-012) Thongvanh: Reviewed the staff report dated October 13, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-156 adopting assessments for the Maplewood Street improvement project, City Project#14-012. Keeney: Inquired about liquidation damages due to delay of the project and whether those would go toward assessments or back to the City. Thongvanh: Advised that the City is entitled to damages and a letter advising the contractors of such has been sent. Rosow: Advised that liquidated damages would go toward reimbursement of City for damages suffered and would not affect assessments. Suggested either approving or not approving the assessment roll as proposed. Hedberg: Noted the assessment roll was not included in the packet and recessed the meeting at 7:33 p.m. to allow staff the opportunity to provide the assessment roll to Councilors. Reconvened the meeting at 7:35 p.m.when the assessment roll was distributed. MOTION BY MCGUIRE, SECOND BY KEENEY, TO OPEN THE PUBLIC HEARING AT 7:36 P.M. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E ❑ E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ E ❑ The motion carried. 10 13 14 City Council Meeting Minutes 3 Scott and Leah Wangerin (4436 Maplewood St. SQ: Commented that he works in excavation and this project was taking longer than necessary. Stated contractors told him the job was delayed a month and a half and there was no work occurring due to another job they had in Bloomington. Added that neighbors could not get out of driveways and there was not enough push by the City to keep the contractors working. Explained that he owns two parcels being assessed, one of which has a property tax value of $500 but the assessment is $5,631.60. Noted that MN Statutes say assessments cannot be more than the value of the property and because this property is not sellable or usable, it shouldn't be assessed$5,131.60 over its value.Also commented that County Auditor advised that is was illegal to assess for more than the actual property value and displayed his property tax statement. Stated that if assessment on the property remains, they will forfeit the property which will leave the cost with the City. Also noted there was discrepancies between the assessments for his two lots in that his home lot had frontage of 85 feet and was assessed $10,000 while the unusable land had more frontage at 91 feet and was only half that being assessed at$5,000. Rosow: Advised that the standard in law is that the special assessment may not exceed the increase in value of the property as a result of the project and didn't believe there was any statement in law that it was illegal.Although the Auditor may have used that language, the real test is it cannot exceed the increase value as a result of the project and at this point, the Auditor's valuation of the property is 18 months behind today's value because of the valuation process. Explained he was not able to speak to the valuation of the property in question as he did not have information in terms of the amount of the benefit. Added that if objecting to the assessment, an objection needs to be preserved in writing and must be received before the hearing is closed. McGuire: Inquired whether they should close and approve or continue the hearing for two weeks to attempt to resolve. Rosow: Explained it was appropriate to close the public hearing and adopt the assessment roll as there was still time to further review the assessment objection. Commented that if the assessment is excessive, there is the ability to revise the amount in accordance with statutes and this would ensure all steps in the process are completed. McGuire: Explained that the assessment review committee felt that the two parcels together enhanced the property. Understood that it is debatable. MOTION BY MCGUIRE, SECOND BY HEDBERG, TO CLOSE THE PUBLIC HEARING AT 7:51 P.M. AND ADOPT THE ASSESSMENT ROLL AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Soukup Aye N N N ❑ ❑ Nay ❑ ❑ ❑ ❑ N Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ N ❑ The motion carried. Hedberg: Suggested the Wangerins stay in contact with City Project Engineer Thongvanh or City Engineer Poppler regarding the objection and any appeal. 10 13 14 City Council Meeting Minutes 4 OLD BUSINESS 8A. Consider Approval of two Resolutions Pertaining to the Mushtown/Maple/Panama Reconstruction Project: 1) Approving Plans and Specs and Authorizing Advertisement for Bids; and 2) Approving Appraised Value and Authorizing Offer to be made for the Purchase of Real Property at the Appraised Values. Thongvanh: Reviewed the staff report dated October 13, 2014 in connection with the agenda item. Staff recommended approving Resolution No. 14-157 approving the plans and specifications and authorizing the advertisement for bids for the Maple Lane, Mushtown Road, and Panama Avenue Improvement Project#14-011 and Resolution No. 14-158 approving the appraised value and authorizing the officials to make offers to purchase interests in real property at the appraised values for the Maple Lane, Mushtown Road, and Panama Avenue Improvement Project#14-011. Soukup: Noted the total assessment of$27,000 per unit seemed excessive and asked whether the assessments would raise property values by that much. Thongvanh: Explained that a benefit appraisal was completed and the amount was accurate. Added that the appraisals show benefit amount and that property value was different. Rosow: Advised that because there were benefit appraisals completed, the appraisal does not look at tax value but rather looks at comparable properties both with and without these types of improvements and those comparable property values seem to show this improvement would benefit properties by this amount. Hedberg: Commented that municipal utilities was a benefit to the properties because it was a permanent structure rather than an expense to maintain and replace and that was most of the assessment amount. Added that street assessments of$9,000-10,000 have been pretty consistent across several projects we have done. Soukup: Asked whether credits could be issued if properties maintained their septic systems. Thongvanh: Commented credits, based upon the age of the system and compliances and non-compliances per the annexation agreement, were not taken into consideration but would be reflected upon further review. Keeney: Confirmed Council was not approving assessments with the proposed resolutions. Commented they have used similar grants to reduce costs for other projects and asked whether the clean water grant could be applied to the general tax levy and not only these specific properties involved. McGuire: Stated that the assessment review committee discussed the numbers with two primary concerns of proposed tax levy and proposed assessment. Noted the committee tried to reduce the amounts to a more reasonable number going from$35,000 to$27,000 in assessments. Commented that it was still one of the larger tax levies for a project like this and they felt the grant was better served applying it to reduce the levy. Clarified the committee compared the overall assessment rate to other projects. MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE RESOLUTION NO. 14-157 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE MAPLE LANE, MUSHTOWN ROAD,AND PANAMA AVENUE IMPROVEMENT PROJECT#14-011 AND RESOLUTION NO. 14-158 APPROVING THE APPRAISED VALUE AND AUTHORIZING THE OFFICIALS TO MAKE OFFERS 10 13 14 City Council Meeting Minutes 5 TO PURCHASE INTERESTS IN REAL PROPERTY AT THE APPRAISED VALUES FOR THE MAPLE LANE, MUSHTOWN ROAD, AND PANAMA AVENUE IMPROVEMENT PROJECT#14-011. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. NEW BUSINESS 9A. Consider Approval of a Resolution Approving the Preliminary Plat for Maple Place Rogness: Reviewed the staff report dated October 13, 2014 in connection with the agenda item. Staff recommended the Council approve the preliminary plat for Maple Place subject to the listed conditions. Keeney: Inquired about outlots and remnants from other plats being incorporated and asked whether this plat would re-plat those pieces and whether previous plats would then be corrected. Rogness: Explained there were some remnants from Maple Glen that were being sold to the property owner to create fully developable lots and other plats would be corrected with this approval. Terry Schneider, (Project Developers, Inc.):Stated he was working with the property owner and that the property being considered for platting was originally platted in 2006 and was approved but never followed through.Worked with staff to incorporate new stormwater criteria and addressed a through street that was not on the original plat. Complimented staff for reviewing the previous plat and suggesting minor revisions to make a better project for the city and the developer. MOTION BY MCGU IRE, SECOND BY SOUKUP, TO APPROVE RESOLUTION NO. 14-159 APPROVING THE PRELIMINARY PLAT FOR MAPLE PLACE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ® ® ❑ Nay ® ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. 913. Consider Approval of a Resolution Approving the Cooperative Agreement with City of Savage for TH13-150th intersection Poppler: Reviewed the staff report dated October 13, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-160 approving the Cooperative Agreement with the City of Savage for TH13-150th intersection. Keeney: Inquired about the$200,000 amount. Poppler:Advised there was the project itself and then ancillary costs which Savage will also have.These are for utility improvements in conjunction with the project and each city pays 100%of their own utility costs. Confirmed these costs were in the approval of the project. 10 13 14 City Council Meeting Minutes 6 McGuire: Inquired whether there has been any contact with the church about acquisition and who would be taking the lead in the acquisition process. Rosow:Advised Savage is taking the lead role in acquisition work and Savage has sent a consent to acquisition letter to the church. Noted that the practice is to use an alterantive firm to engage in acquisitions but that his office would be involved. Reviewed the acquisition process beginning with good faith negotiations, review of City appraisal and adequate time for review, property owner may engage an attorney and/or appraiser, and then either settlement or condemnation. Hedberg: Stated he understood that in MN, they could not use condemnation to acquire property from a church. Rosow: Explained that church property cannot be used for road purposes unless the board of the church consents which is what the letter accomplishes and that conversations are taking place about what would happen if the church doesn't consent. MOTION BY HEDBERG, SECOND BY KEENEY, TO APPROVE RESOLUTION NO. 14-160 APPROVING A COOPERATIVE AGREEMENT WITH THE CITY OF SAVAGE FOR THE HIGHWAY 13/150TH STREET IMPROVEMENTS. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ❑ CK Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE. OTHER BUSINESS/COUNCILMEMBER REPORTS: McGuire: Commented Autumn Gathering had a huge turnout and complimented recreation department and staff for doing a great job. Hedberg: Commented the Prior Lake Fab Lab ribbon cutting occurred and briefly explained what the Fab Lab is. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by KEENEY, seconded by SOUKUP. The motion carried and the meeting adjourned at 8:25 p.m. VAL Frank B&IA4, dity Manager 10 13 14 City Council Meeting Minutes