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HomeMy WebLinkAbout09 26 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 26, 2016 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, Morton, McGuire and Thompson, City Manager Boyles, City Attorney Schwarzhoff, Assistant City Manager Olson, Finance Director Uram, Public Works / Natural Resources Director Gehler, Community / Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Recreation Coordinator Barstad, Water Resource Engineer Young, Community Development Specialist McCabe and Executive Assistant Schroeder. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum and explained that items sched- uled for public hearing or items for which a public hearing has been held but no final action taken, are not eligible for discussion on the public forum. No Members of the Public Spoke APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE SEPTEMBER 12, 2016 REGULAR MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☒ ☒ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of August 2016 Treasurers Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Fire Department Report E. Consider Approval of Police Department Report Draft 09 26 16 City Council Meeting Minutes 2 F. Consider Approval of a Resolution 16-116 Authorizing the City of Prior Lake's Participa- tion in an MCES Grant Program for the Mitigation of I/I (Inflow / Infiltration) in the Public Sanitary Sewer System G. Consider Approval of a Resolution 16-117 Declaring Costs to be Assessed and Ordering Preparation of an Assessment Roll and Establishing the Date of the Assessment Hearing for the Manitou Road Improvement Project (Project #TRN16-000001) H. Consider Approval of a Four Resolutions for the 2017 Road Improvement Projects: 1) Resolution 16-118 Ordering the Preparation of a Feasibility Report for the Albany Ave- nue, Cates Street, CJ Circle, Five Hawks Avenue, and Park Avenue Improvement Project and 2) Resolution 16-119 Ordering the Preparation of a Feasibility Report for the Franklin Trail Improvement Project 3) Resolution 16-120 Ordering the Preparation of a Feasibility Report for the Balsam Street, Sunrise Avenue, Spruce Court, and Spruce Trail Improve- ment Project 4) Resolution 16-121 Ordering the Preparation of a Feasibility Report for the Sycamore Trail Improvement Project I. Consider Approval of a Resolution 16-122 Authorizing Execution of the City's Standard Professional Services Contract for Engineering Services for 2017 Improvement Projects J. Consider Approval of a Resolution 16-123 Approving the Wetland Replacement Plan for the County Road 81 Project K. Consider Approval of a Resolution 16-124 Approving the Summary of Ordinance 116-20 and Ordering the Publication of Said Summary L. Consider Approval of a Resolution 16-125 Authorizing Full and Final Payment to Chard Tiling & Excavating, Inc. for the Five Street Project M. Consider Approval of a Resolution 16-126 Authorizing Full and Final Payment to Barber Construction for the Markley Trail Project N. Consider Approval of a Resolution 16-XXX Authorizing the Execution of the City’s Stand- ard Construction Contract for the Purchase and Installation of a Shelter at Eagle Brook Park O. Consider Approval of a Resolution 16-XXX Authorizing the Execution of a Use Agreement with the Prior Lake Athletics for Youth (P.L.A.Y.) Association for the Construction of a Stor- age Building at Ponds Park P. Consider Approval of a Resolution 16-127 Waiving Platting Requirements for Property Located on Evanston Avenue SE Morton: Requested items 5N and 5O to be removed. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA WITH ITEMS 5N AND 5O REMOVED Morton: Commented on item 5G that the Special Assessment Committee consisting of herself and Councilor Keeney met with staff to go over the assessments. Explained the original assess- ment was around $11,000 per unit, when the bids came in that went down to about $9,400 and the final bill the assessment will be closer to $8,900 per unit. Stated the assessment committee approved the final assessment to move forward. Noted the ordinance for item 5K was approved at the September 12, 2016 City Council meeting; tonight’s the council only needed to approve the publication of the summary ordinance. Explained that item 5J was discussed at the Planning Commission meeting; this property started two lots, combined into one lot, and again is splitting into two lots. Stated the only concern of splitting the property again is that they will have a shared driveway. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Draft 09 26 16 City Council Meeting Minutes 3 The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Approving the Vacation of Drain- age and Utility Easements Located within the Chatonka Heights Plat Community / Economic Development Director Rogness presented on this topic dated Sep- tember 26, 2016 MOTION BY MORTON, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:11 P.M. The motion carried. No members of the public spoke. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 16-128 FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN THE CHA- TONKA HEIGHTS PLAT AND TO CLOSE THE PUBLIC HEARING AT 7:12 P.M. The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Resolution Approving a Public Property Use Permit to Allow the Placement of a Statue on the Main Avenue Right-Of-Way in Front of Property Located at 16186 Main Avenue SE Community Development Specialist McCabe presented on this topic dated September 26, 2016 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-129 AP- PROVING A PUBLIC PROPERTY USE PERMIT TO ALLOW THE PLACEMENT OF A STATUE ON THE MAIN AVENUE RIGHT-OF-WAY IN FRONT OF PROPERTY LOCATED AT 16186 MAIN AVENUE SE Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Draft 09 26 16 City Council Meeting Minutes 4 McGuire: Asked if there is a renewal timeframe for the agreement. McCabe: Responded that there is not a renewal requirement in the agreement but it can be added. McGuire: Stated his concerns about the statue fading and wants to ensure the owners will keep it presentable. Schwarzhoff: Noted the City can terminate this agreement at any time specifically for lack of maintenance which means the City would have to bring the issue up with the owners. McGuire: Stated he accepts that in place of a renewal to the agreement. Morton: Noted she is concerned people will put their children on the cow for a photo causing lia- bility concerns if the child fell off. Asked if the owners could put a sign up. Schwarzhoff: Stated the council can direct signage to be added in the agreement or leave it up to the business owner. Morton: Asked if the City will be responsible to repair any damages caused by snow removal. McCabe: Responded the owners are responsible for clearing snow and maintaining the statue even if the City inadvertently damages it. Keeney: Asked for the reasoning behind the statue being a cow. Mark Bowls, 16186 Main Ave: Explained when he first opened up the bakery he saw a picture of plants, Adirondack chairs and a cow; a cow has to do with dairy, butter, and cream which is some- thing he uses. Added he recently saw a cow by a bakery in California and it brought back the feel- ing he had 11 years ago. Stated he wants to help bring traffic downtown by having this as a mar- keting tool and naming the cow Eloise. Hedberg: Stated when he heard this he thought of a cow in the Swiss Alps with edelweiss flow- ers. Bowls: Explained he understands there is going to be issues with people climbing on it but they will be putting up a sign and the cow will be bolted into the ground. McGuire: Stated he thinks it is a great idea. Morton: Asked how wide the sidewalk is in this location. McCabe: Responded there is 8-10 feet. Thompson: Noted Redwing has shown statues all around town and Winona has art sculptors all over so it is not uncommon for cities to have statues in their town. MOTION BY MORTON, SECOND BY THOMPSON TO AMEND THE AGREEMENT TO PUT UP SIGNAGE TO NOT SIT ON THE COW VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The amendment carried. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The main motion carried. Draft 09 26 16 City Council Meeting Minutes 5 9B Consider Approval of a Response to the Department of the Interior, Bureau of Indian Affairs Regarding the Proposed Fee to Trust Application of the SMSC for 72.88 Acres Known as Group P Properties City Manager Boyles presented on this topic dated September 26, 2016 Keeney: Stated with the new deadline being October 27, 2016 he is in favor on a status report on the October 10, 2016 City Council meeting. Hedberg: Noted he is happy that the SMSC was in favor of the additional 30-day extension. 9C Consider Approval of a Resolution Approving Proposed Preliminary 2017 City Budgets and Certifying Preliminary 2017 City of Prior Lake Property Tax Levy to Scott County De- partment of Taxation Finance Director Uram presented on this topic dated September 26, 2016 McGuire: Asked for an explanation of the tax capacity rate for those who may not understand its significance. Uram: Explained a tax capacity rate is used to determine what people pay in taxes; it is the mar- ket value times 1%. Stated tax capacity divided by our budget is the tax rate; in Prior Lake it is 32%. McGuire: Questioned if tax payers should feel good about the Prior Lake percentage compared to the metro average. Uram: Responded that tax payers should feel good but Prior Lake’s market values are higher than the average which means our tax capacity rate can be lower. Added as a tax payer it is bet- ter to pay 32% versus 40%. Hedberg: Stated the tax rate can be misleading and that is why the city also tracks the average plus the average per household which gives a more complete picture. Morton: Asked if any additional revenue sources were baked into this calculation. Uram: Replied the only additional revenue source in this budget is the seven days a week parking fee. Stated staff and the council talked about athletic fees and boat slip rentals but they are not in this budget. Noted if council approves any of these revenue sources, it could lower the percent- age but it would help fund some services areas that are currently constricted. Thompson: Asked what is the expected tax levy based on. Uram: Responded a base year was established in 2000 so the calculation is based on household growth plus inflation and what that would mean over time. Keeney: Stated there is a 30% increase in our enterprise funds and that is a fluctuation in our capital projects year-to-year regarding the street projects and storm water. Added we are not changing the operating budget for sewer and water. Asked if that is correct. Uram: Responded that is correct and the changes in the storm water budget is stable year over year. Stated the decision the council is making in the joint water treatment will save capital over time which will be a benefit to the community. Keeney: Stated it would be handy for there to be a ten-year comparison to show the progression that has happened with the reduced cash and refunding that has been done. Uram: Noted that can be prepared. Hedberg: Commented that the City cannot count on multi-family projects but this year there is a 186 units. Explained there is a 3% increase of households this year which was not used in the budgeting but when he looks at the calculation with those households for the 2017 budget it is just under 2%. Added that he looks at the 5.13% as being the maximum levy in the preliminary budget. Keeney: Stated the City has concentrated a lot on the operating side of things and if you take out the growth of the City the operating budget has been around the 1% which is not keeping up with the inflation. Believed the City is running very lean which is not a bad thing but it means at some Draft 09 26 16 City Council Meeting Minutes 6 point the City will have squeezed the budget as far as it can go before it dramatically impacts ser- vices. Stated the area that needs more attention is on the larger capital projects and all the exist- ing debt that needs to be paid off. Explained these bonds will start coming off and the City should schedule large projects overtime so it does not constraint street projects. Stated the council and staff spent more time on the CIP planning so by the time it hits the budget the projects have al- ready been approved. Hedberg: Stated he agrees with Councilor Keeney. Explained about 8% of the debt services is from a 5-0 vote in 2005 for the energy savings program; the City added debt to save money now and those bonds are being paid off. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 16-130 APPROV- ING PROPOSED 2017 CITY BUDGETS AND CERTIFYING PRELIMINARY 2017 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5N Consider Approval of a Resolution 16-XXX Authorizing the Execution of the City’s Standard Construction Contract for the Purchase and Installation of a Shelter at Eagle Brook Park 5O Consider Approval of a Resolution 16-XXX Authorizing the Execution of a Use Agree- ment with the Prior Lake Athletics for Youth (P.L.A.Y.) Association for the Construction of a Storage Building at Ponds Park Morton: Stated she is concerned about adding two buildings that will need to be maintained when the last couple of months there have been discussions about not being able to keep them main- tained. Noted the shelter is coming out of the parks fund from the dedication fees of $36,000 and the storage building P.L.A.Y. is putting in the seed money of $48,000. Asked what is it going to take for the City to maintain these buildings. Gehler: Explained the shelter is paid with park dedication fees and is part of the City’s planned park development. Stated previous structures were made of wood which need to be painted and re-shingled but this is a low maintenance structure that will not need either. Added the P.L.A.Y. requested additional storage and they will be paying for the material and contract work then the City will be building the storage building; the building will be an asset of the City but per the use agreement P.L.A.Y will be taking care of the building. Keeney: Stated for future buildings he would like to know the annual long term impact a building will require to maintain each year. Hedberg: Asked staff to prepare this type of information to future approvals. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-131 AU- THORIZING THE EXECUTION OF THE CITY’S STANDARD CONSTRUCTION CONTRACT FOR THE PURCHASE AND INSTALLATION OF A SHELTER AT EAGLE BROOK PARK AND RESOLUTION 16-132 AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH THE PRIOR LAKE ATHLETICS FOR YOUTH (P.L.A.Y.) ASSOCIATION FOR THE CONSTRUCTION OF A STORAGE BUILDING AT PONDS PARK Draft 09 26 16 City Council Meeting Minutes 7 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS Keeney: Noted he was impressed when he rode on a MVTA bus to downtown Minneapolis which was comfortable and convenient only costing $6 round trip verses $16 to park downtown. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded by McGuire to adjourn. The motion carried and the meeting adjourned at 8:04 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager