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HomeMy WebLinkAboutAgenda & Minutes 1. 2. 3. 4. q~ -,~ ':l~- \0 q~- tlt7 7:00 PM FORUM ~(1C~~' W{ltjht -1J;l1vf~ A'ff, ~~tA~\ I ~ ~ <.-+-A S 1'1'\ /,{ S 5c I REGULAR COUNCIL MEETING AGENDA Date: March 15, 1999 WELCQME t(Jthi~the Prior Lake (:ityCollnciL The. Council appreciat r . ttendance and values your input. Please rememQerthatOo/Collndlmeeffngs arei...abluast live:.. therifore,farW~ers.athome to..be able to hear your comments, you must use the podium andspe~.' 0'.' emicrophoneto address the City co.uncil.. B. efi.o.re.beg... inn.ing, please state your 1lame and add otha.t th.e.r.ec.o.r. der.is able .to have an accurate record of the meeting. ..' .... ... .'. . Specialassistancefor the hearing impaired may be arranged by contacting City Hall 48 hours prior to. time of the Council meeting. CALL TO ORDER and PLEDGE OF ALLEGIANCE .......................... 7:30 p.m. APPROVAL OF AGENDA: ~ CONSIDER APPROVAL ~RcH 1, 1999 MEETI!'J~~INl}TE · --------- 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. c. Consider Approval of Invoices to be Paid. Consider Approval of Treasurer's Report. Consider Approval of Animal Control Report for February. Consider Approval of Building Permit Report for February. Consider Approval of Fire Call Report for February, 1999. Consider Approval of Resolution 99-XX Authorizing the City to Apply for A Minnesota Department of Natural Resources Outdoor Recreation Grant. Consider Approval of Resolution 99-XX Approving a Summary of the New Zoning Ordinance for Publication. Consider Approval of Resolution 99-XX Granting Extension of Time for Hillcrest Homes Pertaining to Resolution 98-44. Consider Approval of Authorization to Execute Purchase Agreement with Reliant Energy Minnegasco. A. B. C. D. E. F ~ I. 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: None. 162g~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER """,---,-,.,~-""""""'--'..,",,~~"--"~"'_.'.'."",^-~-"._",",.. ,~ 7. PUBLIC HEARINGS: None. 8. OLD BUSINESS: A. Consider Approval of Report on Tree Preservation Policy as it relates to 11- ~ '2 development of single lots. ~q- <=- D \ Kop ~W~ 9. NEW BUSINESS: A. Consider Approval of Request by Spring Lake Township to Reduce Fees and Charges as set forth in the Construction and Maintenance Agreement for Sanitary Sewer and Water dated June 1, 1998. q~ ' 1<1--e:-- Consider Approval of Resolution 99-XX Authorizing the Preparation of Plans and Specifications for the Development of a Community Park/Athletic Complex on the Busse Property. Cc,~. -Co- Consider Approval of Resolution 99-XX Approving Plans and Specifications and " i ~ Authorizing the Advertisement and Solicitation of Bids for the Lakefront Park Pavilion. D. Consider Approval of Strategic Plan and 1999 Work Program for City Manager and Staff. 10. OTHER BUSINESS/COUNCILMEMBER REPORTS: 11. ADJOURNMENT. 31S99.DOC Council Meeting Minutes March 1. 1999 BOYLES: Reviewed the proposed changes from the current ordinance and their effects on the current holders of permits. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE ORDINANCE 99-XX AMENDING TITLE 3, CHAPTER 8 OF THE PRIOR LAKE CITY CODE REGULATING LAWFUL GAMBLING. . '. VOTE: Ayes by Mader, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Change Order #2 for FULCO Construction for the purchase of Precast Concrete Trim for the Library/Resource Center. BOYLES: Reviewed the Agenda Item in connection with the Staff Report, and the effect on the budget and project timetable for the Library/Resource Center. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE CHANGE ORDER #2 FOR FULCO CONSTRUCTION FOR THE PURCHASE OF PRECAST CONCRETE TRIM FOR THE LIBRARY/RESOURCE CENTER. PETERSEN: Asked for clarification as to what was budgeted and what are the actual costs for the trimwork. HOKENESS: Provided clarification that the intent of acquiring the precast trimwork as a planned expenditure outside of the original bid documents was to be able to value engineering this project based on other changes through the course of the project. A similar process will be used. for carpeting, millwork and glass/mirrors. These items were not in the bid package for FULCO. It was always the intention that the contractor would purchase this product because they are doing the installation. The budget allows for $41,250 and the City is buying $28,442.90 worth of material. It does not increase the budget of the Library. MADER: Questioned if this cost was excluded from all bid packages by all bidders. HOKENESS: Confirmed that that was correct, as well as the carpeting, millwork and glass/mirrors. MADER: Understood that when the contract was considered in September, the Staff Report indicates that the only two items excluded were for millwork and flooring. Asked where was the original $40,000 for the precast trim included. The itemization in the Staff Report indicates the total budget and does not include an allowance for precast trim. HOKENESS: The $40,000 was included in the original budget for the project. Explained that the Staff Report identifies millwork and flooring as the items we were going to bid separately because they are being installed by another contractor. This product is being installed by FULCO. Indicated he would need to further review the specification book to answer specifically where the allotment was found. The intention of the Staff Report was to show that the only other bids for other contractors were for flooring and millwork. The $2.5 million dollar budget included an allowance for materials to be provided by FULCO. MADER: Stated that this is an expenditure he was not aware of, trimwork is not in the list in the Staff Report. The three low bidders were only a matter of ~ thousand dollars apart. With 030199.00C 5 ._'O........~'_..,_"'__..____I_____.._.._._._.________. Council Meeting Minutes March 1. 1999 another potential $40,000 to bid, he was very uncomfortable with how that is fair to other bidders. Asked if the contractor had been authorized to purchase the material. HOKENESS: Answered yes and added that regardless of who received the bid, each contractor would have had the same circumstances as far as providing that product. Each contractor bid on the installation of the product. Further provided that the purchasing policy guidelines allow for us to proceed with ordering the product under these guidelines in order to not hold up the project. MADER: Offered that it was his perception this is a stretch of the policy. It looks like the decision has been made, the order has been placed, and the City is stuck with it or faced with holding up the project. HOKENESS: Believes some of the confusion is his fault in that he should have provided the Council, at the time of the Staff Report that the Mayor is referring to, with the whole budget list because there are other items such as telephone systems and mirrors. However, these items are all within the budget of the Library. KEDROWSKI: Clarified that the allotment for the precast trimwork was kept separate from the contract with FULCO all the time and that the Library project is within its budget. Further clarified that where the FULCO contract is $2 million, the remainder of the $2.5 million budget is for these other items the City is going to bid separately in order to control costs. Staff never deceived Council as to the bottom line of the project. Commended Mr.Hokeness and commented that using this process was initiated by the Mayor in order to save sales tax. MADER: Commented that he did not forget the recommendation as to sales tax, but this Council was told that millwork and flooring were the only items left out for separate bid. KEDROWSKI: It is reflected in the bottomline of $2.5 million. MADER: The itemized report from six months ago shows a total budget of $2.5 million, but does not show an allowance for precast trimwork. HOKENESS: Advised that he may have inadvertantly included the concrete trimwork in the millwork and flooring numbers and would have to double-check. KEDROWSKI: Advised that regardless of the merits of the Mayor's questions, it would have been a professional courtesy to have called the Staff member prior to the meeting so that he could be appropriately prepared to address the issue. It is completely unprofessional and inappropriate to use this forum to chastise staff. MADER: Advised that he did speak to the City Manager and City Attorney, and in light of the circumstances will support the motion. However, believes it is the process by which Change Orders are requested that is inappropriate. SCHENCK: Questioned if we saved money by approximately $12,810.10 by using the process of a change order. HOKENESS: Confirmed that was correct. 030199.DOC 6 03/12/99 16:18 FAX 612 342 2216 MEYER SCHERER ROCKCASTLE l4J003 Prior Lake Public Library and Resource Center Meyer Scherer &: llockcasdc, Ltd. Architects Project Budget 03/1 V99 Project Scope Total Gross Area of Building 1 !i,SSO Items for Allocation IS;" p"p.;;~k BID PACKAGE ONE . [Bid Package One: Soils Correction and Utility Relocations CoDtingency, drop to zero Submtal . __. Amount 5110,000 .._~-_. actual 5110.000 $0 $110.000 C!'mpletcd . Perccentage of budget I 0.050 -=---=----.J $1.9'0,300 SO $1,960,300 Contract amt -~ Perccentage: of budget J 0.882 . . . rBid Package T~~I CODstnactioD I Contingency; none U~btotal . Iwood da~~~~8.2S per sf ,Carpet @ 21.00 per sy insralled IMillwork PACKAGE TIlREE Bid Package: Three: MisceUaneouJ . Contingency @2.75% Subrotal 528,512 $33,000 536.700 598.212 Bid 5/99 $2,701 Sl~,913 $2.940 53,000 $9,000 512,500 520,940 $1,260 549,640 Bid 5/99 $1,365 $51,005 52,222,2181 55,000 $9.500 5207,000 51,650 51,030 $ 1,020 $293 5543 5280 515,475 $17,376 actual 52S9 167 $2,481:385 I 55,957 $19,403 528,443 $0 $0 sn,803 52,535,1881 $2,500:000 $3S 1881 Perccentage of budget . 0.045 . .--1 PACKAGE THREE PACKAGE THREE IMirrors BID SEPERA TEL Y BY OWNER Security IUD 5EPERA TEL Y BY OWNER .Phone BID SEPERATElY BY OWNER ISisnase BID SEPERATEL Y BY OWNER landscaping BID SEPERATELY BY OWNER Dance'R.mc BID SEPERA TEL Y BY OWNER I I Pcrcccntage of budget J" 174.079 Bid Se:perately by Owner Contingenc:y @2.7So/. Subtotal Grand Total Construction I [G'~~er31 Furniture (City portion only) ReimbursibIcs .Professional Fees I, Arch, Mech, Elect, StruC, Specs, Civil, lncerior, E.st Minnegasco Land Cap Well . Remove Street Lights I Advertiscment Construction Sign Dumpster for Old Gas Building ; Cnnstruction Testing and Surveys 'New Fill for Site Subrotal NOD ConstrUction Costs . .. Subtotal Current Project Co.st Porjcction -~ ; ChaDge Order No 1 Excavation Sitework Change Order for City work Cbange Order No 1 Cast Stone by OWDerlFulco Ch:mge: Order No 3 Change Order No .. Total Chan es .. Total Current Projcet CoSt Projection Projcct Budget Amount Over Budget netlproj c:cupriorlakcll23-bl9 8 03 FM. wk" ,03/12/'99 15: 50 "ft612 234 6237 CAMPBELL KNl~SON ~ 002/003 CAMPBELL KNUTSON Professional Association Attorneys at Law Thl)lm~ J. C~lInpbell R,...gl!'r N. Knl,lr~m Tholntl.-; M. Scott ElIhJtc 6. }(ncr~ch SU~lil>ln Lea PCl~t: (651) 452..5000 Fax (651) 452..5550 Jod J. Jamnik Andr<,~\l McDowell Poehler M:.ttthl:w K. Brukl:j: John F. Kelly M<Jtthc:w J, Foli Mi\rgucrit~ M. McCHrmn Writer's Direct Dial:234-62Z6 Writer's Fax: 452-5550 '"AL..., 111"'1,,,-,/ ill Will'''''-.'I March 12, 1999 TO: Mayor, City Manager and City Council members Attorney-Client Privilee.ed Attornev Work Product FROM: City Attorney RE: St. Michael's Catholic Church Assessment Appeal Settlement Discussion Update The attorney for the Church has indicated the Church is willing to settle this matter by paying $32,000 of the original assessment amount of $45,407. The negotiation authorized by you has progressed as follows: The Church originally offered to settle this matter by paying $20,600. We discussed with you the potential costs which we estimated to total between $3,000 and $6,000 dollars for appraisal fees and legal fees of between $3,000 and $6,000 dollars as welL You authorized our office to negotiate a settlement with a potential discount of approximately $10,000. On your behalf, we countered with an offer to reduce the assessnlent to $39,407. This figure was arrived at by subtracting the costs associated with the replacement of curb and gutter. The Church m,ade a second offer in the amount of $28,000, which the Church indicated was its fmal offer before trial. The attorney for the Church indicated he could "get his client to conle up with an additional $1,500" if that would get the matter done before both parties spent thousands on experts and the legal process. The Church's offer of setrlement thus appeared to be $29,500. After consulting with the City Manager, it was decided that prior to trial (and the incursion of anv appraisal costs) to exercise the full authority provided by the Council. To that end, on March 1st, we offered to settle for $34,900. The attorney for the Church called me last week indicating he believed the case could settle in the range between rhe City's last demand and the Church's last offer, which he indicated was $30,000. I agreed to take the issue up with the City Council at your next meeting. Suite 317 . Eagandale Office Center · 1380 Corporate Cctl.tcr C:urve · Eagan, MN 551.21 --_..__....,-'_..__.._--~._..__.._..'"_.._....._..,. ......_. 03/12/SS 15:51 '8'612 234 6237 CAMPBELL KNUTSON [4] 003/003 On March 9th, the Church's attorney sent a letter indicating the Church would pay $32,000 as a fmal compromise. I discussed the settlement figure of $32,000 with the City Manager and Finance Director. We discussed the following factors; 1. The original assessment includes an assessment rate of $55 per foot, and the Church' s property has lengthy frontage as compared to neighboring properties. 2. The costs of litigation and appraisals, 3. The replacement of existing curb and gutter, and, 4. That the $32,000 figure is clearly intended by the Church to be a tinal meeting point between the Church's last offer and the City's last demand. The conclusion waS reached that it is in the City's best interest to accept the Church's offer of $32,000. If the settlement is approved, action by the Council is required to accept the settlement and authorize the Mayor and City Manager to sign a Stipulation of Settlement with the Church. If the Council rejects the Church's settlement offer the Council will need to authorize the City Attorney [0 engage the services of appraiser Richard Marks. The trial of this Inatter is scheduled for May 5 t 1999. REGULAR COUNCIL MEETING MINUTES Date: March 1, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attorney Pace, City Engineer IIkka, Parks & Rec. Director Hokeness, Assistant City Manager Woodson, Recording Secretary Meyer. APPROVAL OF AGENDA: City Manager BOYLES proposed to remove Agenda Item 88 Purchase of 15. 18 Acre Kop Properly, and to add as Item 4H Consider approval of a standard Water Tower Antenna Agreement with APT. MADER: Proposed to add as new Item 8B Consider Motion to Direct Staff on Council's Recommendation for the Ring Road Project. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF FEBRUARY 16.1999 MEETING MINUTES: MADER: Requested a change to page 6, 4th paragraph by adding the following, "Commented that according to the survev shoreland preservation was....". MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE FEBRUARY 16,1999 MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSENT AGENDA: A) Consider Approval of Invoices to be Paid. B) Consider Approval of 1998 Preliminary 4th Quarter Budget Report and Overview. C) Consider Approval 1998 Planning Commission Annual Reports: . Variances . PUDs . Code Enforcement D) Consider Approval of Resolution 99-XX Authorizing the Purchase of One 1999 Wood Chipper Through the State of Minnesota Cooperative Purchasing Agreement.. E) Consider Approval of Resolution 99-XX Approving the Traffic Control Signal Agreement with MNDOT for the Traffic Signal at TH13 and Duluth Avenue. F) Consider Approval of Massage Therapy License for Kathleen Lindmeyer. G) Consider Approval of Settlement Agreement with Valley Paving and Authorize Mayor and City Manager to execute same. H) [Addition Item] - Consider Approval of a standard Water Tower Antenna Agreement with APT. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Minutes March 1. 1999 City Manager BOYLES reviewed the Consent Agenda items MADER: Asked to remove Consent Agenda Item D. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE CONSENT AGENDA ITEMS A-C AND E-H. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: Item (D): Approval of Resolution 99-XX Authorizing the Purchase of One 1999 Wood Chipper Through the State of Minnesota Cooperative Purchase Agreement. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-XX AUTHORIZING THE PURCHASE OF ONE 1999 WOOD CHIPPER THROUGH THE STATE OF MINNESOTA COOPERATIVE PURCHASE AGREEMENT. KEDROWSKI: Stated that the Council had previously inspected all equipment scheduled for replacement and discussed with staff the rationale for the replacement. For safety reasons and economic reasons supported the Staff's recommendation for replacement of this equipment. MADER: Believes that the current wood chipper is adequate and there are other alternatives to replacing this piece of equipment. Bigger does not justify better unless is saves taxpayer dollars. The data presented does not show any cost comparison projections to show that purchase of this equipment has an economic benefit. Does not support the motion. VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried. PRESENT A liONS: TH13 Intersection Improvement Options and Neighborhood Meetings (Greg IlIka & WSB Consulting). BOYLES: Introduced the Item as an attempt to share information with the public about the preliminary studies and potential alignments of various TH13 intersections within the City. No action will be taken as this time, and residents are invited to attend neighborhood meetings. ILKKA: Introduced the TH13 intersections that the presentation will cover, and also introduced RON BRAY of WSB Associates. Discussed street improvements in connection with the MNDOT Municipal Agreement Program (including Cost Share, TH13 Long-Term Access and Development Plan, Local Requirements for funding). BRAY: Discussed preliminary findings for 150th Street intersections with respect to traffic volumes, crash average and severity rate, options for the interestion (including changing TH13 to provide left turn lanes, moving the intersection southerly with the new entrance into the Church, and/or improving the approach on the Prior Lake side as well as providing left turn lanes to TH13), signal warrant analysis, preliminary costs are estimated to be $600,000-$800,000 depending on the chosen alignment. 030199.DOC 2 Council Meeting Minutes March 1. 1999 SCHENCK: Asked whether there had been any discussions with Savage. 8.BAY: Provided that those discussions will take place in conjunction with the neighborhood meetings. Went on to discuss Commerce/Boudin and CSAH 42 intersections (including traffic volumes, crash rate of 4.6 with severity rate of 10.6 compared to the state-wide average of 4.4 which suggests a substantial concern, three options for realigning the intersections at Commerce/Boudin and access to CSAH 42, preliminary costs, and overall action steps (including neighborhood meetings, further discussions with Scott County and Savage). l.JJ..KA: Discussed CSAH 23 area realignment and the associated work involved (including widening Five Hawks Avenue, construction of Tower (Vine) St., construction of 170th St. and a signal system). Addressed MnDOT requirements to close Creekside Circle median, eliminating Lutheran Church driveway and closing 170th St. East median. Detailed three alternatives and their specific impacts on surrounding property, together with estimated costs. Also reviewed the neighborhood meetings schedule in which Staff will hear public comment. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of Final Payment to Scott County for City Project 95-06; CSAH 44 and Associated Improvements. BOYLES: Reviewed the Staff Report and the four changes to the original project. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE FINAL PAYENT TO SCOTT COUNTY FOR CITY PROJECT 95-06; CSAH 44 AND ASSOCIATED IMPROVEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99 XX Approving 3 Purchase Agreement to Acquire the Entire 15.18 Acre K-op Property to be incorpor3ted into Lakefront Park and Repealing in their ERtirety Resolutions 98 99 3nd 99 09. [THIS ITEM WAS REMOVED FROM THE AGENDA] Consider Approval of Direction to Staff to Complete Comprehensive Ring Road Planning. MADER: Reviewed the history of this Agenda item. MOTION BY MADER, SECOND BY WUELLNER, TO DIRECT STAFF TO PREPARE AND PRESENT A WORK PRODUCT FOR THE TOTAL RECONFIGURATION OF ALL OF THE RING ROAD RATHER THAN THE SMALL PORTION PREVIOUSLY ADDRESSED. KEDROWSKI: Concurred that there was consensus among the Planning Commission and Council to address the entire alignment of the ring road project, but questioned whether we need to make motions as part of the City Council meetings on discussions and directions for staff determined in 030199.DOC 3 Council Meeting Minutes March 1. 1999 work sessions. Staff already implements a process by which follow-up to Council directives are brought back to the Council for further consideration. . MADER: Stated his rationale for including this directive as part of the Council meeting was due to the considerable public concern. Did not intend for all work session directives to become formal motions for consideration at Council meetings. SCHENCK: Concurred with Councilmember Kedrowski and added that it sets a bad precedent that the Council would have to determine which directives given in work sessions warranted formal consideration at Council meetings. VOTE: Ayes by Mader and Petersen, Nayes by Kedrowski, Wuellner and Schenck, the motion failed. NEW BUSINESS: Consider Approval of Resolution 99-XX Approving Plans & Specifications and Ordering Advertisement for Bids for Utility Improvement Project for the First Addition to North Shore Oaks (City Project 99-13). BOYLES: Reviewed the Agenda Item in connection with the Staff Report and the history behind this request for Council action, together with the estimated costs for its implementation. MOTION BY KEDROWSKI, SECOND BY PETERSEN, TO APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR UTILITY IMPROVEMENT PROJECT FOR THE FIRST ADDITION TO NORTH SHORE OAKS (CITY PROJECT 99-13) WITH THE UNDERSTANDING THAT THE ASSESSMENT HEARING WILL OCCUR AFTER THE AWARD OF THE CONTRACT AND THAT THE ASSESSMENT COMMITTEE WILL MEET PRIOR TO THE MEETING TO DISCUSS ASSESSMENT ISSUES. MADER: Questioned whether the 10 day of publication would allow enough time before bid opening. ILKKA: Provided that the ad would be published this week giving bidders 17 days which is plenty of time for a project of this size. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess at 8:25pm. Consider Approval of Ordinance 99-XX Amending Title 3, Chapter 8 of the Prior Lake City Code Regulating Lawful Gambling. KEDROWSKI: Removed himself from the table and any consideration of this Agenda Item to avoid any perception of a conflict of interest. 030199.DOC 4 Council Meeting Minutes March 1 1999 BOYLES: Reviewed the proposed changes from the current ordinance and their effects on the current holders of permits. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE ORDINANCE 99-XX AMENDING TITLE 3, CHAPTER 8 OF THE PRIOR LAKE CITY CODE REGULATING LAWFUL GAMBLING. VOTE: Ayes by Mader, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Change Order #2 for FULCO Construction for the purchase of Precast Concrete Trim for the Library/Resource Center. BOYLES: Reviewed the Agenda Item in connection with the Staff Report, and the effect on the budget and project timetable for the Library/Resource Center. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE CHANGE ORDER #2 FOR FULCO CONSTRUCTION FOR THE PURCHASE OF PRECAST CONCRETE TRIM FOR THE LIBRARY/RESOURCE CENTER. PETERSEN: Asked for clarification as to what was budgeted and what are the actual costs for the trimwork. HOKENESS: Provided clarification that the intent of acquiring the precast trimwork as a planned expenditure outside of the original bid documents was to be able to value engineering this project based on other changes through the course of the project. A similar process will be used for carpeting, millwork and glass/mirrors. These items were not in the bid package for FULCO. It was always the intention that the contractor would purchase this product because they are doing the installation. The budget allows for $41,250 and the City is buying $28,442.90 worth of material. It does not increase the budget of the Library. MADER: Questioned if this cost was excluded from all bid packages by all bidders. HOKENESS: Confirmed that that was correct, as well as the carpeting, millwork and glass/mirrors. MADER: Understood that when the contract was considered in September, the Staff Report indicates that the only two items excluded were for millwork and flooring. Asked where was the original $40,000 for the precast trim included. The itemization in the Staff Report indicates the total budget and does not include an allowance for precast trim. HOKENESS: The $40,000 was included in the original budget for the project. Explained that the Staff Report identifies millwork and flooring as the items we were going to bid separately because they are being installed by another contractor. This product is being installed by FULCO. Indicated he would need to further review the specification book to answer specifically where the allotment was found. The intention of the Staff Report was to show that the only other bids for other contractors were for flooring and millwork. The $2.5 million dollar budget included an allowance for materials to be provided by FULCO. MADER: Stated that this is an expenditure he was not aware of, trimwork is not in the list in the Staff Report. The three low bidders were only a matter of several thousand dollars apart. With 030199.DOC 5 Council Meeting Minutes March 1. 1999 another potential $40,000 to bid, he was very uncomfortable with how that is fair to other bidders. Asked if the contractor has been authorized to purchase the material. . HOKENESS: Added that regardless of who received the bid, each contractor would have had the same circumstances as far as providing that product. Each contractor bid on the installation of the product. Further provided that the purchasing policy guidelines allow for us to proceed with ordering the product under these guidelines in order to not hold up the project. MADER: Offered that it was his perception this is a stretch of the policy. It looks like the decision has been made, the order has been placed, and the City is stuck with it or faced with holding up the project. HOKENESS: Believes some of the confusion is his fault in that he should have provided the Council, at the time of the Staff Report that the Mayor is referring to, with the whole budget list because there are other items such as telephone systems and mirrors. However, these items are all within the budget of the Library. KEDROWSKI: Clarified that the allotment for the precast trimwork was kept separate from the contract with FULCO all the time and that the Library project is within its budget. Further clarified that where the FULCO contract is $2 million, the remainder of the $2.5 million budget is for these other items the City is going to bid separately in order to control costs. Staff never deceived Council as to the bottom line of the project. Commended Mr.Hokeness and commented that using this process was initiated by the Mayor in order to save sales tax. MADER: Commented that he did not forget the recommendation as to sales tax, but this Council was told that millwork and flooring were the only items left out for separate bid. KEDROWSKI: It is reflected in the bottomline of $2.5 million. MADER: The itemized report from six months ago shows a total budget of $2.5 million, but does not show an allowance for precast trimwork. HOKENESS: Advised that he may have inadvertantly included the concrete trimwork in the millwork and flooring numbers and would have to double-check. KEDROWSKI: Advised that regardless of the merits of the Mayor's questions, it would have been a professional courtesy to have called the Staff member prior to the meeting so that he could be appropriately prepared to address the issue. It is completely unprofessional and inappropriate to use this forum to chastise staff. MADER: Advised that he did speak to the City Manager and City Attorney, and in light of the circumstances will support the motion. However, believes it is the process by which Change Orders are requested that is inappropriate. SCHENCK: Questioned if we saved money by approximately $12,810.10 by using the process of a change order. HOKENESS: Confirmed that was correct. 030199.DOC 6 ,. Council Meeting Minutes March 1 1999 VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of a Policy for the Naming of Parks, Facilities, Streets Within Parks and Public Places. BOYLES: Reviewed the policy in connection with the Staff report. MADER: Concerned that if the City hold public meetings to name parks or streets it would invite controversy and hard feelings. Suggested the initial recommendation not be done at a public meeting and that instead the Council appoint a small task force to provide recommendations for naming. BOYLES: Clarified that the policy and procedure provides that the Parks Advisory Committee playa significant role in the process and actually do conduct a series of meetings reviewing potential names and determining whether those names meet the specific criteria set forth in the policy. The Committee would then provide a recommendation of three choices to the City Council. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE A POLICY FOR NAMING PARKS, FACILITIES, STREETS WITHIN PARKS AND PUBLIC PLACES AS PRESENTED. WUELLNER: Commented that the policy is well-done and that it is very appropriate that the Parks Advisory Committee playa significant role in the process. MADER: Does not support the motion for the reasons earlier stated. VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried. OTHER BUSINESS: A motion to adjourn was made, econded and accepted. 030199.DOC 7 Council Meeting Minutes March 1. 1999 another potential $40,000 to bid, he was very uncomfortable with how that is fair to other bidders. Asked if the contractor had been authorized to purchase the material. HOKENESS: Answered yes and added that regardless of who received the bid, each contractor would have had the same circumstances as far as providing that product. Each contractor bid on the installation of the product. Further provided that the purchasing policy guidelines allow for us to proceed with ordering the product under these guidelines in order to not hold up the project. MADER: Offered that it was his perception this is a stretch of the policy. It looks like the decision has been made, the order has been placed, and the City is stuck with it or faced with holding up the project. HOKENESS: Believes some of the confusion is his fault in that he should have provided the Council, at the time of the Staff Report that the Mayor is referring to, with the whole budget list because there are other items such as telephone systems and mirrors. However, these items are all within the budget of the Library. KEDROWSKI: Clarified that the allotment for the precast trimwork was kept separate from the contract with FULCO all the time and that the Library project is within its budget. Further clarified that where the FULCO contract is $2 million, the remainder of the $2.5 million budget is for these other items the City is going to bid separately in order to control costs. Staff never deceived Council as to the bottom line of the project. Commended Mr.Hokeness and commented that using this process was initiated by the Mayor in order to save sales tax. MADER: Commented that he did not forget the recommendation as to sales tax, but this Council was told that millwork and flooring were the only items left out for separate bid. KEDROWSKI: It is reflected in the bottomline of $2.5 million. MADER: The itemized report from six months ago shows a total budget of $2.5 million, but does not show an allowance for precast trimwork. HOKENESS: Advised that he may have inadvertantly included the concrete trimwork in the millwork and flooring numbers and would have to double-check. KEDROWSKI: Advised that regardless of the merits of the Mayor's questions, it would have been a professional courtesy to have called the Staff member prior to the meeting so that he could be appropriately prepared to address the issue. It is completely unprofessional and inappropriate to use this forum to chastise staff. MADER: Advised that he did speak to the City Manager and City Attorney, and in light of the circumstances will support the motion. However, believes it is the process by which Change Orders are requested that is inappropriate. SCHENCK: Questioned if we saved money by approximately $12,810.10 by using the process of a change order. HOKENESS: Confirmed that was correct. 030199.DOC 6 Council Meeting Minutes March 1. 1999 BOYLES: Reviewed the proposed changes from the current ordinance and their effects on the current holders of permits. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE ORDINANCE 99-XX AMENDING TITLE 3, CHAPTER 8 OF THE PRIOR LAKE CITY CODE REGULATING LAWFUL GAMBLING. VOTE: Ayes by Mader, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Change Order #2 for FULCO Construction for the purchase of Precast Concrete Trim for the Library/Resource Center. BOYLES: Reviewed the Agenda Item in connection with the Staff Report, and the effect on the budget and project timetable for the Library/Resource Center. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE CHANGE ORDER #2 FOR FULCO CONSTRUCTION FOR THE PURCHASE OF PRECAST CONCRETE TRIM FOR THE LIBRARY/RESOURCE CENTER. PETERSEN: Asked for clarification as to what was budgeted and what are the actual costs for the trimwork. HOKENESS: Provided clarification that the intent of acquiring the precast trimwork as a planned expenditure outside of the original bid documents was to be able to value engineering this project based on other changes through the course of the project. A similar process will be used for carpeting, millwork and glass/mirrors. These items were not in the bid package for FULCO. It was always the intention that the contractor would purchase this product because they are doing the installation. The budget allows for $41,250 and the City is buying $28,442.90 worth of material. It does not increase the budget of the Library. MADER: Questioned if this cost was excluded from all bid packages by all bidders. HOKENESS: Confirmed that that was correct, as well as the carpeting, millwork and glass/mirrors. MADER: Understood that when the contract was considered in September, the Staff Report indicates that the only two items excluded were for millwork and flooring. Asked where was the original $40,000 for the precast trim included. The itemization in the Staff Report indicates the total budget and does not include an allowance for precast trim. HOKENESS: The $40,000 was included in the original budget for the project. Explained that the Staff Report identifies millwork and flooring as the items we were going to bid separately because they are being installed by another contractor. This product is being installed by FULCO. Indicated he would need to further review the specification book to answer specifically where the allotment was found. The intention of the Staff Report was to show that the only other bids for other contractors were for flooring and millwork. The $2.5 million dollar budget included an allowance for materials to be provided by FULCO. MADER: Stated that this is an expenditure he was not aware of, trimwork is not in the list in the Staff Report. The three low bidders were only a matter of il..DYl thousand dollars apart. With 030199.DOC 5