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HomeMy WebLinkAboutAgenda & Minutes Forum 7:0'0 p.m. - 7:30 p.m. REGULAR COUNCIL MEETING AGENDA January 17, 1995 . . . . . . . CALL TO ORDER ........................ 7:30 p.m. PLEDGE OF ALLEGIANCE CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Report d. Consider Approval of Fire & Rescue Report e. Consider Establishment of Tax Increment Financing District No. 2-3 (Metro Cabinets/American Glass) for the Construction of a 10,000 Square Foot Building in Waterfront Passage Addition. f. Consider Approval of Purchase of Two Squad Cars Under State of Minnesota Cooperative Purchasing. g. Consider Approval of Eminent Domain Procedures To Acquire- Right-of-Way for Northwood Road Improvement. h. Consider Approval of 1995-1996 Joint Powers Agreement for Traffic Markings, Street Sweeping, Crack Sealing and Sealcoating. i. Consider Approval of Treasurer's Report PRESENTATIONS: A. Mary Beth Onkka, Housing and Redevelopment Authority Representative will be updating the Council on the HRA. B. Consider 1995 Participation in the Association of Metropolitan Municipalities. PUBLIC HEARINGS: A. Conduct Vacation Hearing for Lake Access on Lord's Street. OLD BUSINESS A. Consider Petition From Charles Prindle et. al to Order Feasibility Report for Road Improvement Project. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER el gm 10. 11. B. Consider Approval of Revision In Developer's Security Requirements. C. Consider Review of Ordinance 94-01, Setbacks for Wetlands, to Determine the Impact upon Park Dedication Requirements. NEW BUSINESS A. Consider Request from Prior Lake Development LP to Amend the Wilds PUD Amendment for Outlot L - Sterling North and South. OTHER BUSINESS A. ANNOUNCEMENTS/CORRESPONDENCE A. ADJOURNMENT A11795.WRT . . . $O MINUTES OF THE CITY COUNCIL Tuesday, January 3, 1995 CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday, January 3, 1995 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Schenck and Scott, Assistant Manager Carlson, Planning Director Rye, Public Works Director Anderson, Assistant City Engineer Loney, Finance Director Teschner, Parks and Recreation Director Mangan, Attorney Kessel and Recording Secretary Birch. (Councilmember Kedrowski arrived at 9:00 p.m.) PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - Councilmember Scott noted on page 4 - Item D, Sentence 9, the minutes stated "Councilmember Scott requested ..... "should be changed to "Mayor Andren requested ..... " MOTION BY SCO'n', SECONDED BY SCHENCK, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Scott and Schenck, the motion carried. Greenfield abstained since he was not present at the last meeting. . CONSENT AGENDA: ae d, Consider Approval of Invoices To Be Paid Consider Approval of Sale of City Vehicle Consider Approval of Resolution Requesting State Reimbursement of City Costs for an Alternative Water Study Required to Protect the Savage Fen. Consider Approval of 1995 Fee Schedule Consider Approval of Amending Prior Lake City Code Title 9, Chapter 4, 5, & 7 with Respect to Water, Sewer and Storm Water Fees Councilmembers requested that items (d) and (e) be removed for further discussion. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes January 3, 1995 6, 7, MOTION BY SCOTT, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (c) Items (d) and (e) were removed for discussion. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion carried. PRESENTATIONS: PUBLIC HEARINGS: OLD BUSINESS Am Consider Area Library Proposal - request to determine whether the City of Prior Lake would be able to participate in an area library with the City of Savage and County. City Manager Boyles briefly reviewed the pros and cons of the proposal. Mary Knowlton, Library Board Trustee, urged Councilmembers to be visionary in their consideration of an area library and to plan for a new library as soon as it is economically feasible. Dick Underferth, County Commissioner, addressed the Council with the recommendation that city staff investigate whether or not the City of Savage is amenable to the prospect that the City of Prior Lake would be willing to consider future joint participation on an area library if they build on site 8. on to the area library in later years. Council concurred that it is not a good time to assume the long term expense of participating in the construction of an area library, but did agree that they would be willing to consider participating at some future date. The City Manager should pursue discussions with the City of Savage and the county to determine whether they would be amenable to building on site 8 now and allow Prior Lake to participate financially on constructing a second phase of the building in the future. This would allow the City of Savage and Shakopee to build an approximately 14,500 building and the City of Prior Lake would commit to building an additional 10,000 square feet at a later date (five to ten years) when it was financially more feasible. A short discussion occurred regarding the extent of the city's commitment. Mayor Andren thanked Mary Knowlton for coming and sharing her views on this project. MOTION BY GREENFIELD, SECOND BY SCOTT, DIRECTING STAFF TO INQUIRE WHETHER OR NOT THE CITY OF SAVAGE AND SCOTT COUNTY IS AMENABLE TO A PHASED PROJECT -2- Prior Lake City Council Minutes January 3, 1995 B, Ce ON SITE 8 WHICH WOULD PROVIDE FOR A TIME CERTAIN FOR IMPLEMENTATION OF A SECOND PHASE WITH MONETARY COMMITMENT FROM THE CITY OF PRIOR LAKE AND UNDER WHAT CONDITIONS WILL THEY AGREE. Scoff clarified that despite her second to the motion she is reserving the right to vote against such a future proposal. Discussion occurred regarding future funding, and reiterating that Site 8 is the only option Council would agree to for construction of the area library. They also discussed whether or not a joint powers agreement would be suitable for committing a future Council to this project. Upon a vote taken, yeas by Andren, Greenfield, Scott.and Schenck. The motion carried. Consider Status of 1994 City Council Directives. - City Manager Boyles stated that the purpose of this item is to solicit Council priority on the 1994 directives and recommend that 1995 directives be made by motion, second and vote. Council concurred that this process was acceptable. Council also requested that all the uncompleted 1994 directives be made part of the 1995 directives so they could be aware of those directives still pending. MOTION BY SCOTT, SECONDED BY GREENFIELD, THAT ANY FUTURE DIRECTIVES TO STAFF BE PUT IN THE FORM OF A MOTION, SECOND AND VOTE. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Consider Request for Special Assessment Refund from Betty Scherer for Lot 19 Green Heights Addition. Finance Director Teschner reviewed the history of the property, assessments and other details. Discussion occurred regarding the provision that all future owners or transferees are to be notified of the provision that any sewer or water hookups would be charged as a connection fee on this parcel of land. Councilmembers expressed concern that this could be construed as precedent setting, however, Finance Director Teschner stated that there are very few if any parcels of this unique configuration that would be considered eligible for a refund of this nature. Staff was directed to develop findings narrow enough that it would be difficult for anyone else to fit within those findings. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO REFUND THE AMOUNT OF $2,896.34 TO BETTY SCHERER SUBJECT TO THE ACKNOWLEDGEMENT OF IMPOSITION OF CONNECTION FEES BE AMENDED TO APPLY TO ALL FUTURE -3- Prior Lake City Council Minutes January 3, 1995 . OWNERS, THAT STAFF STATE SPECIFICALLY THE INTENT TO THE COUNCIL SO AS NOT TO SET A NEGATIVE PRECEDENT REGARDING THIS ISSUE, THAT THE DOCUMENT BE RECORDED AT SCOTT COUNTY, AND THAT DOCUMENT PREPARATION AND RECORDING FEES BE DEDUCTED FROM THE ASSESSMENT REFUND AMOUNT. Council clarified that Mr. Teschner develop findings, history, etc., narrow it and and review with Attorney Kessel before placing it on the Council agenda. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck. The motion carried. A short recess was called The meeting reconvened at 9:05 p.m. NEW BUSINESS A. Consider Approval of the following: · Acting Mayor for 1995 · Official Newspaper for 1995 · Official Bank for 1995 · Equalization Committee for 1995 · Fire Chief and Assistant Chief for 1995 · Auditing Firm for 1995 · Fiscal Consultant for 1995 · Civil Defense Director 1995 · Health Officer Representative for 1995 · Review and Consider Bylaws for 1995 MOTION BY GREENFIELD, SECONDED BY SCOTT, TO NOMINATE KEDROWSKI AS ACTING MAYOR FOR 1995. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE APPOINTMENTS AS RECOMMENDED BY STAFF IN THE AGENDA REPORT FOR OFFICIAL NEWSPAPER, OFFICIAL BANK, EQUALIZATION COMMITTEE, FIRE CHIEF AND ASSISTANT CHIEF, FISCAL CONSULTANT, CIVIL DEFENSE DIRECTOR AND HEALTH OFFICER REPRESENTATIVE. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. -4- Prior Lake City Council Minutes January 3, 1995 Discussion occurred regarding putting out an RFP for an auditing firm to replace the George M. Hanson auditing firm the city is currently using. Councilmembers Scott, Greenfield and Andren expressed the opinion that it would be just good business practice to change auditors after fourteen years. There is no question about the capabilities of the Hanson firm. MOTION BY GREENFIELD, SECONDED BY ANDREN, DIRECTING STAFF TO PREPARE A REQUEST FOR PROPOSAL TO SUBMIT TO AUDITING FIRMS, STIPULATING THAT A FOUR 'YEAR CONTRACT OR WHATEVER THE MAXIMUM IS BY LAW FOR RENEWABLE TERMS. City Manager Boyles suggested that the City request the longest span possible (up to five years). Discussion occurred regarding estimated cost for a new auditing firm, the auditing process, the pros and cons of selecting a new auditor and looking into having an operations audit conducted next year. Council stipulated that the RFP must meet and preferably minimum statutory guidelines. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott. Nay by Schenck. The motion carried. MOTION BY SCOTT SECONDED BY GREENFIELD, TO APPOINT JAY SCHERER AS WEED INSPECTOR FOR 1995. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. City Manager Boyles stated that there were several housekeeping items in the bylaws that should be taken care of. Council then reviewed the bylaws and made the necessary changes. Discussion occurred on committee and commission bylaws. Council directed staff to set up joint workshops for them to meet with each committee/commission to discuss various issues pertaining to their particular committee/commission along with their goals and objectives. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, DIRECTING THE CITY MANAGER TO SCHEDULE WORKSHOPS WITH EACH COMMITTEE OR COMMISSION AT A TIME CONVENIENT FOR ENTIRE COMMITTEE AND OR COMMISSION MEMBERS TO DISCUSS JOINT ISSUES AND GOALS. Discussion occurred on whether or not to word the bylaws to reflect the open forum meeting at the second meeting of each month. -5- Pdor Lake City Council Minutes January 3, 1995 a. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CONTINUE TO HOLD OPEN FORUMS ON THE SECOND MEETING OF EACH MONTH. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Council continued to discuss changes in the bylaws, on page 1, item c; page 3, section 3-A5, page 15, Section A regarding the BDC, PAC and LAC. MOTION BY GREENFIELD, SECONDED BY SCOTT, DIRECTING THAT THE REVISIONS TO THE BYLAWS AS DISCUSSED AND RECOMMENDED BY CITY MANAGER BOYLES BE IMPLEMENTED. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Further discussion occurred regarding the Business Development Committee, Parks Advisory Committee, Lake Advisory Committee and Planning Commission with regard to the inconsistencies on the cover sheet and the inside pages applying to terms and term limit dates. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO MAKE HOUSEKEEPING ITEM CHANGES AS NOTED IN COMMI'I-rEE BYLAWS Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO CHANGE COMMITTEE COMMISSION BYLAWS TO REFLECT THE 75% MANDATORY ATTENDANCE REQUIREMENT. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Consider Appointment of Animal Control Officer for 1995. This item was taken up at 9:10 p.m. ahead of the above items due to the lateness of the evening and the number of people in the audience waiting to address the issue. City Manager Boyles reviewed the County's actions in commissioning a task force to investigate standards of operation, bidding process, state statutes as to licensing such a facility, and develop recommendations for animal control standards to be presented to the County. Mr. Boyles stated that the city has received a bid from South Suburban and Four Paws for animal control. Mayor Andren entered a petition objecting to renewal of the contract -6- Prior Lake City Council Minutes January 3, 1995 with Mr. McAIlister and a letter from Diana Wilkinson also expressing concern about renewing the contract. The following persons spoke against renewing the contract with Mr. McAIlister. Kevin Bergstrom - 16030 Eagle Creek Avenue, Dion Wilkinson, 16046 Cambridge Circle Denise Bessermin, .16524 Franklin Trail Tammy Merhr, Ridgewood Court, Tod Merr, 17414 Ridgewood Court Susan Cassem, 6127 170th Street East 17414 The following persons spoke in favor of Mr. McAIlister's appointment: Jean Baudhuin, 5671 Woodside Road Tom Foster, 5795 Shannon Trail Bob McAIlister then addressed the Council to discuss the various charges voiced by those who oppose his appointment. He discussed the fact that he no longer sells dogs for research and stated that 73% of the cats and 88% of the dogs were claimed or placed this past year. Council reviewed the contract and made suggestions on additions or amendments. Council also requested that a member of the city staff also be appointed to the task force. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE AMENDED ANIMAL CONTROL AGREEMENT WITH BOB MCCALLISTER TO ADDRESS SANITATION, FEEDING, WATER, EXERCISE AND CUSTOMER RELATIONS ISSUES AND DIRECTING MR. MCALLISTER TO IMPLEMENT A MONTHLY REPORT REFLECTING THE DATE, TIME (AM OR PM) TYPE OF ANIMAL, OWNER IF KNOWN, CURRENT DISPOSITION. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPOINT A MEMBER OF CITY STAFF TO THE COUNTY'S TASK FORCE. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. 5 minute recess Meeting reconvened at 10:20 p.m. -7- Prior Lake City Council Minutes January 3, 1995 gl Discussion was then moved to item 8 A The following item were discussed at 11:15 p.m.: C. Consider Approval of Revision in Development Security Requirements. Assistant City Engineer Loney presented details of the requirements and gave Council the options available which were: Letter of Credit as now required, a warranty bond or performance bond. Mr. Jim Johnston - Sienna Corporation - Minneapolis, MN Addressed the Council to explain his reason for requesting the change. After a short discussion Council concurred that the item should be tabled in order to allow the attorney to review the request and clarify the language. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO TABLE THIS ITEM UNTIL ATTORNEY CAN LOOK INTO THIS ITEM AND CLARIFY THE LANGUAGE OF THE BOND. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. D, Authorize Request for Proposal for Architectural Services for the Public Works Maintenance Building. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO AUTHORIZE REQUEST FOR PROPOSAL. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY ANDREN, SECONDED BY SCOTT, TO APPOINT GREENFIELD AND KEDROWSKI TO THE ARCHITECTURAL INTERVIEW COMMITTEE. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried OTHER BUSINESS A. Consider Approval of January 20-21 Workshop Agenda. City Manager Boyles discussed the proposed agenda for the January Council workshop. Council concurred that Jim Brimeyer should be asked to facilitate the team building portion of the workshop. Council then discussed other items on the proposed agenda. Council agreed that Glenn Kessel should be present to discuss annexation and someone from the County should be at the workshop to discuss sewer and water regulations, -8- Prior Lake City Council Minutes January 3, 1995 MOTION BY MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE THE PROPOSED WORKSHOP AGENDA AS RECOMMENDED BY CITY MANAGER. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scoff and Schenck. The motion carried. KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION DESIGNATING INVESTMENT AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE TO THE CITY MANAGER AND FINANCE DIRECTOR. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Items (d) removed from the Consent Agenda for discussion: Discussion occurred on the fee schedule: MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO INCREASE $5.00 IN THE 1996 FEE SCHEDULE FOR ANNUAL AGENDA AND MINUTE SUBSCRIPTION. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO DELETE AGENDA REPORTS FROM FEE SCHEDULE. (the agenda report is no longer being used). Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADOPT ENTIRE 1995 FEE SCHEDULE AS AMENDED. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. Consent Agenda Item (e) Council concurred that with regard to the Watertower fee charge the word "future" in both cases should be deleted because monies are being used to pay bonds on the existing water storage facility. MOTION BY SCOTT, SECONDED BY KEDROWSKI, TO AMEND ORDINANCE 95-01 UNDER SECTION 9-4-10 PAGE 2, ITEM D UNDER WATER TOWER CHARGE BE AMENDED TO ELIMINATE THE WORD "FUTURE". -9- Prior Lake City Council Minutes January 3, 1995 Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADOPT AMENDED ORDINANCE 95-01. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY ANDREN, SECONDED BY GREENFIELD, TO DIRECT THE CITY FINANCE DIRECTOR TO PROVIDE THE COUNCIL WITH INFORMATION RECAPPING THE INVESTMENTS AND IDENTIFYING LOCATIONS OF INVESTMENTS ON AN SEMI-ANNUAL BASIS. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. MOTION BY GREENFIELD, SECONDED BY ANDREN, TO INCORPORATE A NARRATIVE WITH EACH QUARTERLY BUDGET REPORT WHICH IDENTIFIES ANY UNUSUAL TRENDS AND COMMENTS ON BUDGET CONDITIONS. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. -- City Manager's update- City Manager Boyles discussed the proposed letter to legislators regarding property tax system improvements. Councilmembers suggested revisions to clarify the request. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO DIRECT FINANCE DIRECTOR TESCHNER TO TALK TO STEVE MATTSON TO IDENTIFY WHAT IF ANY FUNDING MECHANISMS EXIST OUTSIDE OF BONDING FOR FUNDING CITY STRUCTURES. Upon a vote taken., yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried. -- City Manager Boyles reviewed his proposed letter to Health Span regarding the ambulance contract. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO REQUEST THAT THE SCOTT COUNTY SHERIFF'S DEPARTMENT GIVE AN UPDATE OF WHAT THEY ARE DOING ON THE LAKE DURING THE WINTER MONTHS IN THE FORM OF ENFORCEMENT. -10- Pdor Lake City Council Minutes January 3, 1995 10. 11. Upon a vote takenl yeas by Kedrowski, Greenfield, Scott and Schenck, nay by Andren. The motion carded. ANNOUNCEMENTS/CORRESPONDENCE A, ADJOURNMENT There being no further business the meeting adjourned at 12:20 a.m. The next Council meeting will be Monday, J,.a~uar~/'J17, 1995 at 7:30 p.m. City aa,~a~r/ ' .,~~ ~ocordin~ Socrota~ M10395.WRT -11-