HomeMy WebLinkAboutAgenda & Minutes
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
June 6,2005
7:00 pm
Fire Station No.1
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 P.M.
2. 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. Items to be considered as part of the Council's regular agenda may not be
addressed at the Public Forum. Topics of discussion are also restricted to City
governmental topics rather than private or political agendas. The City Council will not take
formal action on issues presented during the Public Forum.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF MAY 16, 2005, MEETING MINUTES:
5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine
and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a
Councilmember, or member of the public specifically requests that an item on the Consent
Agenda be removed and considered separately, Items on the Consent Agenda are
considered under one motion, second and a roll call vote. Any item removed from the
Consent Agenda shall be placed on the City Council Agenda as a separate category.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution
of the City's Standardized Development Agreement for Stemmer Ridge.
C. Consider Approval of Two Resolutions Approving Prior Lake Optimist Premise
Permits for Lawful Gambling.
D. Consider Approval of a Resolution Approving Prior Lake VFW Post 6208 Premise
Permit for Lawful Gambling.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
8. PRESENTATIONS:
A. Angela Barstad, Recreation Coordinator
9. OLD BUSINESS:
A. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter
Into an Agreement with Scott County for the Operation of the Local Lake Link
Summer Circulation Service.
B. Consider Approval of a Resolution to Award the Purchase and Authorizing the City
Attorney to Negotiate a Development Agreement for the Sale and Development of
City-Owned Property at Franklin Trail and Park Nicollet Avenue; and Main Avenue
and Hastings.
C. Consider Approval of a Resolution Authorizing the Execution of a Cooperative
Agreement with Scott County for the Realignment of County Road 12, SAP 70-612-
09.
D. Consider Approval of a Resolution Accepting Bids and Awarding the City's
Standardized Construction Contract to Install Playground Equipment at Two City
Parks.
E. Consider Approval of a Resolution Adopting the 2030 Vision and Strategic Plan.
10. NEW BUSINESS:
A. Consider Approval of a Resolution Authorizing a Fund Transfer to the Building Fund.
B. Consider Approval of a Zoning Ordinance Amendment to Section 1109.400 Amending
Language Relating to City Council Action on an Appeal from Planning Commission
Action.
C. Consider Approval of a Resolution Amending the 2020 Comprehensive Plan Land
Use Map to Add 18.25 Acres and Designating it R-L/MD (Lindstrom Property).
D. Consider Approval of an Ordinance Amending the City of Prior Lake Zoning Map at
4151 Willowwood Street from R-1 to C-1 District for the Fairview Clinic Property.
E. Consider Approval of a Resolution Approving the Final PUD Plan and the Final Plat
and Standardized Development Contract for Jeffers Pond.
F. Consider Approval of a Report from the Building Official with Respect to City-owned
Residential Structures at 16000 Main Avenue.
G. Consider Approval of an Amendment to the Prior Lake City Code Adding Section 310
Relating to Sidewalk Eating Areas.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
<<<_co .<.<c._~__ <. ....<.<<__...._.___~_"'______'<<._'~.____._'_'"
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DRAFT
REGULAR COUNCIL MEETING MINUTES
May 16, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Acting Mayor LeMair, Council members Fleming, Petersen, and Zieska, City Manager Boyles, City
Attorney Pace, Planning Coordinator Moore, Finance Director Teschner, City Engineer Albrecht, Assistant City
Engineer Poppler, Community Development Director Sullivan, Public Works Director Osmundson,
Communications Coordinator Oster, Assistant to the City Manager Meyer, and Administrative Assistant Green.
Mayor Haugen was 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. Items to be considered as part of the
Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to
City governmental topics rather than private or political agendas. The City Council will not take formal action on
issues presented during the Public Forum.
Boyles: Reviewed the concept of the Public Forum.
APPROVAL OF AGENDA:
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE THE AGENDA AS PRESENTED.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE THE MAY 2, 2005, MEETING MINUTES
AS PRESENTED.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval of Building Permit Report.
D. Consider Approval of Animal Warden Monthly Report.
E. Consider Approval of Resolution 05-82 Approving Change Order #3 and Authorizing Full
and Final Payment to S. M. Hentges and Sons, Inc. for the Village Lake Drive Street and
Utility Improvements Phases I and II.
F. Consider Approval of Ordinance 105-11 Adopting Section 112 of the Prior Lake City Code
Authorizing Criminal Background Checks for Municipal Employees and Appointees.
G. Consider Approval of Resolution 05-83 Initiating the Rezoning of the New City Hall Site
from the R-2 District to the C-3 District.
H. Consider Approval of a Liquor License Extension for T J Hooligan's.
I. Consider Approval of Monthly Fire Call Report.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
May 16, 2005
Draft
Bovles: Reviewed the Consent Agenda items proposed.
Council member Petersen requested that Item E, Approval of a Resolution Approving Change Order #3 and
Authorizing Full and Final Payment to S. M. Hentges and Sons, Inc. for the Village Lake Drive Street and Utility
Improvements Phases I and II, be removed from the consent agenda.
MOTION BY ZIESKA, SECONDED BY PETESEN TO APPROVE THE CONSENT AGENDA WITH ITEM E
REMOVED.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
Petersen: Referred to standing water on Tower Street when it rains and requested explanation of the drainage
problems.
Osmundson: Stated the City is aware of the area. The grade was raised more than three feet with lightweight
fill below it and he believes the weight is helping it settle. States the City wants to wait, believing that it will settle
and proper drainage will be achieved. The area will be surveyed.
Petersen: Asked if the City intended to put drains there.
Osmundson: Yes, if required.
LeMair: Clarified that the staff did not recommend withholding payment.
MOTION BY PETERSEN, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-82 APPROVING CHANGE
ORDER #3 AND AUTHORIZING FULL AND FINAL PAYMENT TO S. M. HENTGES AND SONS, INC. FOR THE
VILLAGE LAKE DRIVE STREET AND UTILITY IMPROVEMENTS PHASES I AND II.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
PUBLIC HEARINGS:
Consider Approval of a Resolution Vacating Drainage and Utility Easements Located on Outlots D, E and
F, the Wilds.
Danette Moore presented the proposed resolution indicating that final plats had created appropriate easements in
the Wilds and the above-named outlots were no longer needed for that purpose.
Comments:
No comments.
Acting Mayor LeMair convened the public hearing at 7:09 p.m.
No one address the Council at this public hearing.
A MOTION WAS MADE BY PETERSEN, SECONDED BY FLEMING TO CLOSE THE PUBLIC HEARING. The
motion carried and the Acting Mayor closed the public meeting at 7:10 p.m.
Comments:
Zieska: The proposed resolution reflects no problem; this is just a housekeeping thing.
Petersen: Agreed with Zieska and will approve.
2
City Council Meeting Minutes
May 16, 2005
Draft
Pace: Nothing that will change the terms and conditions of the agreement; just material changes that should be
made. The recommendations have gone to Ellers and are in process. She will review the agreement before it is
executed to assure all changes were incorporated.
Petersen: This is a good project.
Zieska: No comment.
LeMair: We're looking at million dollar project; they will receive $105,000 over ten years and after that it is fully
taxed.
Sullivan: Affirmed, if they requested modification to district in the future, that would have to come back to
Council.
MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-86 APPROVING A
CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF PRIOR LAKE AND ONSITE
ENGINEERING AND FORENSIC SERVICES, INC.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
PRESENTATIONS:
National Public Works Week (May 15-21, 2005)
Public Works Director Bud Osmundson presented the theme of National Public Works Week and identified the
employees in the public works and engineering departments of Prior Lake. He commended the staff on excellent
ability and work ethic.
Comments:
Zieska: Staff in the public works and engineering departments do an outstanding job and are a 24/7 staff
working long hours. They deserve this recognition.
Boyles: Director Osmundson is part of the reason we have a great Public Works department; he is a great
leader.
LeMair: Commented on the different jobs the team does, from snow plowing, to field maintenance, lift stations,
being at Lakefront Park for Lakefront Days or the Bike-A-Thon, and maintaining trails. Offered his sincere thanks.
Petersen: Stated that when staff is polite to the public and do good work, it's because of leadership. That's
where Bud shines.
Acting Mayor LeMair read the proclamation declaring May 15-21, 2005, as National Public Works Week in Prior
Lake.
OLD BUSINESS:
Consider Approval of Two Resolutions Relating to the 2005 Public Improvement Project:
1. Accepting Bids and Awarding the City's Standardized Construction Contract for Street and Utility
Construction for Projects #05-01 and #05-11.
2. Accepting Bids and Awarding the City's Standardized Construction Contract for 2005 CIPP Sanitary
Sewer Rehabilitation Project #05-12.
Assistant City Engineer Poppler presented the proposed resolutions and indicated that an outstanding issue is
whether or not to include Frost Point Circle in the project.
5
--..........."-.....'.-""..----+'.................'..-.."....''..''T".""._~-'"."".-""""_.......".."."_.__..,,--_.,,._.._---"-----......_-- __....__-__'_.__-.___."..._..._.-_"c...--"""..".-""" ..... ..
City Council Meeting Minutes
May 16, 2005
Draft
Comments:
Fleming: Asked what type of credit there would be for supplanting existing curb and gutter on Frost Point Circle.
Poppler: Based on bid prices, it is approximately $800 per parcel.
Petersen: Asked how old a street typically is when an overlay is placed on it; and asked how old the Frost Point
Circle street is.
Poppler: Frost Point Circle is 30 years old. The City bases analysis on pavement rating, not age of the street.
Osmundson: Overlay is not put on streets that do not have good base, otherwise all cracks would come
through. Staff did not recommend using City funds to overlay Frost Point Circle because it has a number of
places with horizontal cracks and alligatoring next to them, because of the expense, and because it has a poor
surface with many patches and poor drainage.
Petersen: Stated he doesn't know how bad sewer and water pipes are, but there is no problem.
Osmundson: Five areas have been identified - the "y"s - which should be removed and the water main
replaced.
Petersen: Mentioned another street that has problems with sinking and re-doing because we dug deep and had
settling problem which we do not have on Frost Point Circle. He recommended walking away from it.
Osmundson: Agreed should not do anything until it is rebuilt completely; would not put an overlay on it, but
would save the expense of overlaying for streets with a good base where the overlay would hold up for 10 - 15
years.
Zieska: Went to Frost Point Circle with engineers and asked how the City knows that five places need to be
replaced.
Osmundson: The sewer was televised, and the lines are either cracked or jutting into the main sewer and
leaking badly.
Zieska: Asked if the services would still need to be repaired if the City does not do the street reconstruction.
Osmundson: Some time in the future it could be a problem when they collapse and City policy is to repair from
the home to the main line; the homeowners would have to pay for the patch in the street and the repairs to the
sewer service.
Poppler: Stated that Frost Point Circle is part of the CIPP rehabilitation and the City has to do service repairs
before the sewer is lined.
Zieska: Clarified that if just an overlay is completed with no sub-surface repairs on Frost Point Circle, no work
would be done on the sewer lines so the five out of 15 homeowners would be on their own if they have sewer
problems. Further clarified how pavement management systems works with ratings on streets.
Poppler: Streets are rated every three years; in 2001 Frost Point Circle was in 70's range. This year it is rated at
58. The range of reconstruction is 0 - 56, but when the City does projects, the whole neighborhood is done.
Zieska: Asked if deterioration would likely continue at same rate or faster.
Poppler: Yes.
Zieska: Stated that no neighborhood street reconstruction is planned in the next two years, so the earliest the
City would be able to get back to Frost Point Circle, if postponed now, would be 2009.
Poppler: That would be pushing other projects out. CIP plans have other neighborhoods that are slated beyond
a ten-year range for reconstruction, and doing Frost Point Circle before them would push them out even further.
Zieska: Asked if street damage comes from below surface, and if cracks showing on the surface are even wider
below the pavement and perhaps even in the subsoils. Also noted that some curbs are sunken more than an
inch and have broad cracks and asked if they would get worse.
Poppler: Affirmed that cracks will get wider.
6
City Council Meeting Minutes
May 16,2005
Draft
Zieska: Asked if staff recommended overlay and whether or not it would be a good use of taxpayer dollars.
Poppler: Part of the issue is that Frost Point Circle is going to have utility problems in the future and then the
overlay will have a patch in it.
Zieska: Stated that part of responsibility as a councilmember is to watch public dollars. This is a $4 million
project, with Frost Point included, and assessments are picking up $1.1 million. In other words, the taxpayer is
paying 63%. Questioned whether the taxpayer still be paying 63% if it is done sometime in the future. Can see
there is overwhelming opposition to reconstruction and support for an overlay. The street is in lousy condition
and will not support an overlay. Cannot support using public tax dollars to do overlay - it would not be more
effective than seal coating. Another concern is the ticking time bomb underneath the surface and that sewage
will be backing up in basements. It makes sense to do Frost Point Circle with the rest of the project. Addressed
residents concern about the inconvenience of the time needed to complete the project and asked Albrecht what
kind of project schedule timeline would be expected.
Albrecht: The specifications were tightened up to assure that a street is not interrupted for a long period of time -
would hope to be in and out of Frost Point Circle in six weeks.
Zieska: Asked what kind of stress is put on a new street if Frost Point Circle is reconstructed at a later date.
Noted that street reconstruction has been planned to work from the lake out so construction equipment is not
moving over new streets. Stated he would like to listen to residents, but is opposed to overlay and considers that
to be a waste of money.
Fleming: Appreciate representation by the neighborhood and appreciate the internal conflict Zieska spoke
about. Council members need to be good stewards of tax dollars and we are charged by Statute to do that.
Asked City Manager Boyles to talk about the impact on public improvement process if residents paid for overlay
themselves.
Boyles: The mechanics of paying for projects would be: one, residents would need to pay in advance because
there is no mechanism to pay for the project; the second option would be to have a special assessment, but no
feasibility report or public hearing has been conducted, and none of the numerous steps required by Statute for a
special assessment project have been undertaken so the City would need to start over again for an overlay
project which would take a minimum of 60 days. There is no quote for the project; a unit figure from the 150th
street project was applied it to this area so additional quotes would need to be obtained.
Fleming: Stated his support for including Frost Point Circle in the project based on the economics of the project
and how that aligns with charge to be a fiduciary agent for Prior Lake.
Petersen: Supports not including Frost Point Circle with the project and not funding an overlay. Would vote
against doing anything.
LeMair: Asked if the City is happy with the work done by Northwest.
Poppler: Affirmed the City was happy with work done by them in the past and that an extremely good bid was
received with no guarantee this good of a bid would be received again.
LeMair: Stated would like to appease everyone in room, but agrees with comments of other Council members
about the responsibility of making a good decision. An overlay is not a good decision and believes that doing the
entire project is the best way. It is not prudent to do a portion of the road and have to do another portion at a
later date. Leaking sewers would negatively impact someone's property value.
Zieska: Asked for a recess.
RECESS
Acting Mayor LeMair called a recess at 8:20 p.m.
7
. --_'_~""""'<<'~"'-""';'''+-'''''~-'~''--------r---"-"'''''----_c....._~...._.-_..-...__.._.._---"---_..-."."-_._-~---_.,,.-"""---.-.<."."-.c.,,.--.-"-T-""--------~.---
City Council Meeting Minutes
May 16, 2005
Draft
RECONVENE
Acting Mayor LeMair reconvened the meeting at 8:27 p.m.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.87 ACCEPTING BIDS
AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR STREET AND UTILITY
CONSTRUCTION FOR PROJECTS #05-01 AND #05-11 EXCLUDING FROST POINT CIRCLE.
LeMair: Stated that a motion has been made and seconded and asked for discussion.
Zieska: Noted the residents expressed an overwhelming opposition to reconstruction of the street to the extent
of printing shirts saying they want an overlay and are adamant about not wanting the reconstruction project.
Does not support overlay and the City has not followed procedure to plan an overlay so it is not an option unless
taxpayers are taking over 100% of the cost.
Fleming: Asked how many residences were represented at the meeting.
Unidentified member of the audience: Stated 15 of 17 residential households are represented here tonight.
Fleming: Asked if doing nothing mitigates the potential for failure of sewer lines.
Albrecht: The City will react when there is a problem.
Petersen: Reiterated that he will support eliminating Frost Point Circle from the project.
LeMair: Stated he is not in favor of eliminating Frost Point Circle from the project and will not support the motion.
Acting Mayor LeMair asked for a vote on the motion.
VOTE: Zieska and Petersen in favor. LeMair and Fleming opposed. The motion failed.
Zieska: Asked if there was action to allow the rest of the project to continue.
Pace: The resolution proposed was to approve the project and the motion was to approve the project except for
Frost Point Circle. The motion failed so the question is whether there is a procedural mechanism to defeat the
vote that was just taken.
Boyles: The matter could be deferred for a subsequent meeting when five Council members are present.
LeMair: Asked if deferring would affect the schedule of the project.
Albrecht: Yes, the contractor is ready to go and the project will take the entire season. The City does have the
right to hold the bids for 30 or 60 days.
LeMair: Asked if the project, except Frost Point Circle, were completed this year, would it be detrimental to the
rest of the streets if reconstruction took place on Frost Point Circle at a later date.
Albrecht: Responded that it is a matter of timing, and the concern of damage to a new street becomes less as
the street ages.
LeMair: Asked if the breaks in the sewer lines are on public land or private land.
Albrecht: The TV camera goes in the right-of-way so the breaks observed are in the street.
LeMair: Asked if the City assumes any liability if it is known the breaks exist and are not fixed.
Pace: Suggested having residents sign hold harmless agreements indemnifying the City because they are on
notice there is going to be a failure and there is a decision before the Council that would mitigate any potential
damage.
leMair: Stated he could support excluding Frost Point Circle if the City could mitigate responsibility for those
sewer lines.
8
. ---".-----_._--------,.
City Council Meeting Minutes
May 16, 2005
Draft
Fleming: Stated he felt similarly and questioned what would happen if some homeowners had problems and
wanted the City to repair them, but the remaining homeowners still did not want theirs repaired. Piecemeal of
repairs is not good use of time, energy or resources.
Pace: Suggested that a motion could be made to approve the project as proposed with direction to amend the
standard construction contract to allow deletion of Frost Point Circle within 30 days if the Council should decide
within that time period to do so, and that it would be done subject to an indemnification agreement that the
property owners assume liability for system failure.
Fleming: Asked if that motion would pass legal muster.
Albrecht: Stated part of the issue is whether or not the contractor will agree with it and they could ask to
renegotiate prices. We could remove Frost Point Circle at this time and work with due diligence to try to come up
with a compromise. We may be unable to amend the contract and it is a risk that Frost Point Circle may not be
part of the project if we remove them at this point.
Petersen: Requested that the earlier motion be made again.
Zieska; Stated his position remains the same and will not force the project upon Frost Point Circle residents -
they feel there are not utility problems and do not want reconstruction. Stated he trusts the staff report that there
are sewer problems.
Petersen: Requested the question be called again in the interest of getting the project underway
LeMair; Stated something needs to be done tonight. There is a greater good to be done, there are financial
obligations and too much is at stake.
Fleming: Asked the City Counsel to reiterate the issue of the amended standard construction contract and the
issue of indemnification.
Pace: Stated that Engineer Albrecht is correct in his statements of timeliness and contractor obligations, and that
she was only attempting to offer ideas. There is a standard contract, there is a schedule, and time is money so
the contractor may not agree and the project would be postponed.
Albrecht: Stated the second low bid was $300,000 higher, and he anticipated Northwest would have liked to
make up some of that amount. There is a very good price for this project and staff recommends moving forward
at least with the remainder of the project. Will keep an eye on the leaky sewer services - they have a potential
impact to residences.
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-87 ACCEPTING BIDS AND
AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR STREET AND UTILITY
CONSTRUCTION FOR PROJECTS #05-01 AND #05-11 EXCLUDING FROST POINT CIRCLE.
VOTE: Fleming, Petersen, and Zieska in favor. LeMair opposed. The motion carried.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-88 ACCEPTING BIDS
AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR 2005 CIPP SANITARY
SEWER REHABILITATION PROJECT #05-12 EXCLUDING FROST POINT CIRCLE.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
Consider Approval of Two Resolutions Relating to the 2005 Improvement Project:
1. Authorizing MFRA, Inc. to Provide Construction Surveying for Project #05-11.
2. Authorizing Stork Twin City Testing to Provide Construction Testing for Projects #05-01 and #05-11.
Poppler presented the proposed resolutions to approve the professional services needed to complete projects.
9
City Council Meeting Minutes
May 16, 2005
Draft
Comments:
No comments.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.89 AUTHORIZING MFRA,
INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR 2005 STREET IMPROVEMENT PROJECT
#05-11.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.90 AUTHORIZING STORK
TWIN CITY TESTING TO PROVIDE CONSTRUCTION TESTING SERVICES FOR 2005 STREET
IMPROVEMENT PROJECTS #05-01 AND #05-11.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
Consider Approval of the County Assessor's Report from the May 2, 2005, Board of Appeals and
Equalization Hearing.
City Manager Boyles stated that ten property owners addressed the Board to make comments about their
valuation. Gary Nagel of the Scott County Assessors office gave a summary of the report of findings. Five
properties received adjustments, and the other five properties stayed the same. Those changed were adjusted
based on square footage.
Comments:
Zieska: Stated he no longer has an appeal pending and has provided a letter stating same.
LeMair: This is a great process where people appeal their valuation and have the appraiser visit their property.
Will approve report.
Petersen: Agreed with LeMair. Will approve.
Fleming: Echoed prior sentiments. Would endorse having the appraiser visit homes more often if possible and
complimented him on his good response to be able to accomplish this in two weeks.
Boyles: Council may want to consider a motion to affirm valuations of those properties that were appealed and
another motion to affirm all other 2005 valuations.
A MOTION WAS MADE BY FLEMING, AND SECONDED BY ZIESKA TO AFFIRM THE ASSESSOR'S
RECOMMENDED VALUES FOR THE PROPERTIES FOR WHICH APPEALS WERE RECEIVED.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
A MOTION WAS MADE BY FLEMING, AND SECONDED BY PETERSEN TO AFFIRM ALL PROPERTY
VALUATIONS FOR THE 2005 APPRAISAL YEAR.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
NEW BUSINESS:
Consider Approval of 2004 Financial Report and Management Letter.
Finance Director Teschner noted there was a $531,000 fund balance increase as a result of revenues being
104% of projections and expenditures coming in at approximately 98% of projections. The proposed fund usage
will be addressed by the Council at an upcoming meeting. Teschner introduced Steve McDonald from Abdo, Eick
10
.~ ".",... .,.'''''.__--.-''---.-~.----------..-----m..--..
City Council Meeting Minutes
May 16, 2005
Draft
and Meyers who presented the 2004 financial report and management letter. McDonald commented that staff
prepared well for the audit and the City came through the process in good order.
Comments:
Zieska: This is the second year that we have had Gatsby 34 in the report. No problems, just makes the balance
statement look different.
LeMair: Stated the Council has come to expect good reports from Mr. Teschner and it is nice to hear positive
comments, that policies and procedures are strong and the auditor doesn't have to do a lot of journal entries.
Complimented Teschner and his team.
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE THE 2004 FINANCIAL REPORT AND
MANAGEMENT LETTER.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
Consider Approval of a Resolution Approving the 2006-2010 Capital Improvement Program.
Finance Director Teschner stated that this is an informational public hearing and if anyone wanted to speak to
any of the projects, they could. Three projects are prominent in the CIP - a new well each year from 2006 -
2010, an $11 million water filtration plant, and the CR82 reconstruction project in cooperation with Scott County.
Council directed scheduling modifications so the fire station was moved to 2006, the ladder platform truck to
2008, the industrial park sewer and water utilities to 2009, and phase two of Brooksville Hills reconstruction
2010.
Comments:
Fleming: Asked if the CIP reflected the tax impact of the satellite fire station.
Teschner: A financial analysis of the fire station was conducted and the tax impact is $13.39, an increase of
1.53% to property taxes, beginning 2007.
Petersen: No comments, will support it.
Zieska: This a planning document for 2006. Most projects will happen and the biggest change is not doing a
neighborhood project each year.
LeMair: Supports the CIP and noted there are a lot of projects in 2006.
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-91 APPROVING THE
2006-2010 CAPITAL IMPROVEMENT PROGRAM.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into a Modified
Version of the City's Standardized Purchase Agreement for the Property Located at 4626 Dakota Street
S.E. in Connection with the Police Station I City Hall Construction Project.
Assistant to the City Manager Meyer presented the proposed resolution. The property is being held in estate as
the property owner is deceased. City wanted to acquire property and also wanted to preserve remedies because
of environmental issues and title issues. The standard purchase agreement has been modified to allow options
in the event environmental issues become excessive or title issues cannot be cured. Potential cost for
environmental clean-up has not been determined at this time.
11
--"---.--.-.......".,,....,,",,<..... ."""_.,,,,<,,~....,,-.-... ...."_...--"<..I...."-_.~""......_.~c.... "--_....._".."-~"--"._..--"-<----,-_.."~,,..,,~..__..,,.. -----"'.-.....,.-'~"....--,.._-_.---.----"
City Council Meeting Minutes
May 16, 2005
Draft
Comments:
Zieska: Asked if there would be a reason this purchase would come back to the Council for further reports
before executing the agreement.
Meyer: City would need to complete due diligence and know what exposure is before executing and stated there
is money in the budget for correcting environment issues.
Zieska: Stated that since there is an environment assessment, unless it exceeds the budgeted amount he
believes staff will work within the budget and it does not need to come back to the Council except for status
reports.
Meyer: Owner's Representative Bill Wolters did not want to speculate on anticipated cost. He did not think it
would exceed $275,000.
Fleming: Clarified that Wolters thought the cost of clean up could go to $275,000.
Meyer: Wolters did not want to speculate on that and there has not been time to evaluate the borings; but there
might be Superfund money available to help with the cost of clean-up.
Fleming: Asked if contamination might not be isolated to that parcel and may have gone to additional sites.
Meyer: Four additional borings indicate no contamination to other two parcels.
Pace: Stated the City becomes responsible for the clean-up if property is purchased.
Boyles: Reiterated that in telephone conversation with Wolters no specific cost for clean up was determined.
Wolters indicated there is 80-20 Superfund clean-up money for things of this nature and it was agreed that the
next step is to work with Braun Intertech to further lessen ultimate exposure. Stated he believed Council could
proceed with authorization to execute the agreement with the understanding that agreement has a "bail-out" in
the event clean-up costs are beyond the City's capacity.
Fleming: Stated the Council should have an opportunity to review any additional information at a Council
meeting before closing if the City is at a higher rate of exposure.
Petersen: Expressed concern over landfill containing toxic materials.
Meyer: Stated she asked geotechnics if they found other material indicative of a landfill and they stated they did
not.
Petersen: Will support.
LeMair: Expressed concern about what exposure could be and stated the Council would want to review at a
Council meeting if it appeared clean-up would go over the budgeted amount.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-92 AUTHORIZING THE
MAYOR AND CITY MANAGER TO ENTER INTO A MODIFIED VERSION OF THE CITY'S STANDARD
PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 4626 DAKOTA STREET S.E. IN
CONNECTION WITH THE POLICE STATION I CITY HALL PROJECT.
Pace: Affirmed the language on page 8, 12e gives the City the right to not close on property if, in fact, there are
environment concerns.
Fleming: Asked if 10d conforms.
Meyer: Yes.
VOTE: Ayes by Fleming, Petersen, Zieska and LeMair. The motion carried.
OTHER BUSINESS I COUNCIL MEMBER REPORTS
12
,._~~..,..,.",,,..,_,,._"",~,,,,_~_.. '~''''''''''''_'__~'_''''-_''''''''~44'
City Council Meeting Minutes
May 16, 2005
Draft
Zieska: Thanked the Rotary Club for another successful Bike-A-Thon which provides much of the funding for the
D.A.R.E. program.
ADJOURNMENT
With no other comments from Council members, a motion to adjourn was made by Fleming
and seconded by Zieska. With all in favor, the meeting adjourned at 9:38 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
13
."-"......__._..._,,.._----"--~--_._----_._-..-----_._._.--