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HomeMy WebLinkAbout4A 04 16 2018 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 16, 2018 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors McGuire, Thompson, Burkart and Braid, City Manager Boyles, City Attorney Schwarzhoff, Police Chief Elliott, Fire Chief Steinhaus, Community Development Director McCabe, Public Works Director/City Engineer Wedel, Assistant City Engineer Monserud, Planner Matzke and Executive Assistant Schroeder. PUBLIC FORUM Mayor Briggs reviewed the process for the public forum and explained that items scheduled 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 BURKART, SECOND BY BRAID TO APPROVE THE AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE THE MINUTES OF THE APRIL 02, 2018 REGULAR MEETING AS PRESENTED VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. DRAFT 04 16 2018 City Council Meeting Minutes 2 5A. Consider Approval of Claims Listing 5B. Consider Approval of December 2017 Treasurers Report 5C. Consider Approval of Building Permit Summary Report 5D. Consider Approval of Animal Control Services Report 5E. Consider Approval of Fire Department Report 5F. Consider Approval of Police Department Report 5G. Consider Approval of a Report Approving a Change in the Corporate Composition of a Cable Television Franchise Holder 5H. Consider Approval of a Resolution 18-051 Approving an On-Sale Intoxicating and Sun- day Liquor License Extension for Teresa's Mexican Restaurant 5I. Consider Approval of a Resolution 18-052 Approving a New Lease Agreement with Al- lina Ambulance for Portions of Fire Station 2 and Authorizing the Mayor and City Man- ager to Execute the Same 5J. Consider Approval of the Preliminary Year-End 2017 Financial Reports 5K. Consider Approval of a Resolution 18-053 Authorizing the Purchase of Replacement Au- dio Video Equipment for the City Council Chambers MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Commented on agenda item 5K regarding the resolution of the cable broadcasting equipment that will be upgraded to high definition with expected completed in July 2018. PRESENTATIONS 6A Presentation for Retiring Firefighter Larry Schommer and Mark Friedrich Fire Chief Steinhaus presented on this agenda report dated April 16, 2018. Briggs: Read and presented the years of service plaque to Schommer and Friedrich. Schommer: Thanked his wife and family; noted it has been a privilege to serve Prior Lake on the best fire department in Scott County. Friedrich: Thanked his family and the City of Prior Lake and his fellow firefighters. Stated it is an excellent department and will continue with the council’s support. RECESS Briggs: Called a recess at 7:11 p.m. allowing for photos in the chamber. RECONVENE Briggs: Reconvened the meeting at 7:13 p.m. PUBLIC HEARINGS DRAFT 04 16 2018 City Council Meeting Minutes 3 7A Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the 2018 Mill & Overlay Improvement Project, City Project #STR18-000001 and Prepara- tion of Plans and Specifications Public Works Director/City Engineer Wedel presented on this agenda report dated April 16, 2018. Burkart: Asked what the long-term ramifications would be if the project was pulled out this year. Wedel: Responded that would be an option but we do package these streets; he does not know when it would be put back on the list again. Burkart: Asked if it does not get put back into the rotation, residents would petition to do the road and in doing that they would lose the opportunity to appeal any of the assessment? Wedel: Replied yes if it is missed when it is needed, and the street deteriorate to the point of needing full reconstruction, then there is an assessment and it is much larger. Schwarzhoff: Explained with property petitioned appeals residents lose the right to appeal. Briggs: Asked what the OCI and age of work done on W ild Oaks Terrace. Wedel: Responded he believes it was completed in 2002, it is a newer street with the OCI at 72. Briggs: Stated compared to some other mill and overlay roads that are in the 45-65 range. MOTION BY BURKART, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:29 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Bill Duffat, 3857 Simpkins Drive: Noted he has only lived there a year and since it was a pri- vate street thought he would not have to pay for road improvements. Stated the road used to be a dead-end and suggested it be turned back into a dead-end preventing people to drive on the road. Don Kes, 3849 Simpkins Drive: Noted he has lived in the area for 64 years; people drive through the addition and they want to change it to one way in and one way out. Stated home- owners on the private street have to pay for those road improvements themselves. Suggested the charge of $1200 for a house and a townhome should not be the same. Leroy Horny, 6405 Wild Oaks Terrace: Noted the road is about 15 years old; he believes there has not been any maintenance. Stated homeowners themselves paid one year to have cracks filled. Added there was no normal street maintenance on the road and now they have to pay for it. Asked why he is being assessed for street maintenance? Mike Johannes, 6352 Wild Oaks Terrace NE: Explained he has lived there since 2002, the pri- mary layer of blacktop was on and it was 2-3 years later when the last coat was put on. Stated in 13 years the city only filled some holes and two days after the association payed for cracks to be filled the city showed up to fill cracks. Suggested the city is doing a disservice by allowing pri- vate streets in the city. Noted the city has only plowed and swept the street. Stated it does not pay to blame the developer now but he believes the city should have put on a sealcoat. DRAFT 04 16 2018 City Council Meeting Minutes 4 Marty Kraska, 3865 Simpkins Drive: Stated homeowners on the private street do all the maintenance and now he is being asked to pay for repairs for a street he drives on. Asked if he will have to pay $1,200 every time there is a repair. Explained there are 40 units in our division which is $48,000; will the city kick in the money when they have to do their private street? Noted there are a lot of retired people on fixed incomes paying their association dues and now they have to pay the city for other roads. Noted he threw away the letters the city sent because he lives on a private street he did not think he had to pay. David Loffness, 6358 Wild Oaks Terrace NE: Stated he has only owned the home since Au- gust and one of the things we looked forward to was the f act it was a new neighborhood. Ex- plained they were gone most of the winter and they were surprised when the letter arrived stat- ing he needed to pay for repairs on a defective street. Believed the defective street should not fall back to the residents; the tax money is going towards maintenance and our area was missed; those types of expenses were saved by the city at that time. MOTION BY MCGUIRE, SECOND BY BURKART TO CLOSE THE PUBLIC HEARING AT 7:48 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked Wedel to share the maintenance plan, was sealcoating scheduled and not needed. Wedel: Noted he has only been here a year so he is going off records. Explained Wild Oaks Terrace has been crack sealed twice in 2010 and another one in the last couple of years that we have on record. Noted if you drive out to Wild Oaks Terrace, it almost looks like exposed con- crete making it very rough. Added he does not know how long it has been in that condition but you would have to put on so much oil for the chips to stick is not an option. Stated he has not seen a street deteriorate like this in the city; the city does try to protect against this and rules for the developers but the developers are the ones who put it in. Believed it has only been crack sealed never seal coated. Briggs: Asked if this is a miss on the cities part or the developer for missing the sealcoat. Wedel: Responded that it is hard to say. Explained the life cycle of a street, once the final pave- ment is put on you do a seal coat in 7 years, then again in year 14 then by the year 20-25 a mill and over lay with another sealcoat is done, year 27 and year 35 you do another sealcoat and by the time you get to year 40-45 it is an entire street reconstruction. Thompson: Asked if this is a private road. Wedel: Stated this repair is a public portion of the road then there are two private drives that come off the end of the cul-de-sac; the assessment goes to all the residents on the public and private streets. McGuire: Asked Wedel if he would you consider the roads like a driveway. DRAFT 04 16 2018 City Council Meeting Minutes 5 Wedel: Responded yes the city’s policy for private streets is basically an extension of your home; you are assessed for the first public street your road connects to. Braid: Stated the OCI is 72, if this is a project we did not do this year, what would the estimate OCI be in a few years? Wedel: Responded that is a difficult question, but he estimates it would be in the 45-65 range a year from now. Noted the city does not encourage private streets and it comes from the devel- oper who requests private streets, so they do not have to dedicate the necessary right-of-way; in essence they can fit more homes into the development. Stated the cities assessment policy for private streets are an extension of your driveway so you are assessed for the first street you are accessing. Explained when County Road 12 was redone, and homes were not assessed; now when we are doing Simpkins Circle you are now being assessed. Added the request to close off a street goes into a process through our Traffic Safety Committee; recommend that you bring that matter to our Traffic Safety Committee. Noted townhomes are assessed per unit. Added for those on a fixed income, are over a certain age, and under a certain income level there is an option for those residents to differ. Braid: Asked if certain neighborhoods pay for another and do we know what the OCI is for the Simpkins area. Wedel: Stated a homeowner would not be assessed for other streets, the policy indicates you are being assessed on the first public street you are connected to. Noted the OCI for Simpkins Circle is further along at 45-65. McGuire: Noted he does not disagree about it being a disservice for allowing private roads but it does benefit the homes allowing for a lower cost home. Stated when you assess on these types of projects, you have to have access and the private road is no different than a long driveway; it can be argued it is unfair, but he does not see a real way around this. Briggs: Noted private streets that connect to roadways at one point; asked for confirmation that there is no double jeopardy with the CR12 work. Wedel: Responded that is correct they were not assessed for CR12. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 18-054 OR- DERING THE IMPROVEMENTS FOR THE 2018 MILL & OVERLAY IMPROVEMENT PRO- JECT, CITY PROJECT #STR18-000001 AND PREPARATION OF PLANS AND SPECIFICA- TIONS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7B Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the Duluth Avenue Intersection Improvement Project, City Project #TRN15-000003 and Preparation of Plans and Specifications Public Works Director/City Engineer Wedel presented on this agenda report dated April 16, 2018. DRAFT 04 16 2018 City Council Meeting Minutes 6 Thompson: Asked if the entrance to the post office would remain the same. Wedel: Explained the mini roundabout will reduce the speed of traffic; apart from that there will not be much difference; sidewalks stay the same and the entrances are staying the same. Burkart: Asked for the comments from the committee regarding the reasoning and justification for including those apartments. Wedel: Noted we moved Honest One Auto Care because their driveway is not affected but we included the Brookfield Apartments because we are reconstruction a portion of Toronto Avenue that goes beyond their driveway entrance. Burkart: Asked for confirmation that there is no other access in or out of the apartments. Wedel: Responded correct. MOTION BY BRAID, SECOND BY BURKART TO OPEN THE PUBLIC HEARING AT 8:19 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No Members of the Public Spoke MOTION BY MCGUIRE, SECOND BY BRAID TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Braid: Asked what the city is doing to minimize disruptions to the businesses. Wedel: Sated we are trying to move as fast as we can, the plans are into the county, we are getting the right-of-way acquisitions completed but if we run into an issue it could delay the pro- ject. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE RESOLUTION 18-055 OR- DERING THE IMPROVEMENTS FOR THE DULUTH AVENUE INTERSECTION IMPROVE- MENT PROJECT, CITY PROJECT #TRN15-000003 AND PREPARATION OF PLANS AND SPECIFICATIONS VOTE Briggs McGuire Thompson Burkart Braid DRAFT 04 16 2018 City Council Meeting Minutes 7 Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7C Public Hearing to Consider Approval of a Resolution Approving the Vacation of a Por- tion of a Drainage and Utility Easement Located on Outlot C, Haven Ridge First Addition Planner Matzke presented on this agenda report dated April 16, 2018. Braid: Asked for clarification that Outlot C still stays the same since there a gas line easement making the lot un-developable. Matzke: Responded that is correct, you can see the line that is diagonal which would stay. MOTION BY BURKART, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 8:27 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No Members of the Public Spoke MOTION BY THOMPSON, SECOND BY BURKART TO CLOSE THE PUBLIC HEARING AT 8:28 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Thompson: Asked to confirm they are closing one and opening another. Matzke: Responded to close the one easement on outlot C is thereby making that land availa- ble for a buildable lot. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE RESOLUTION 18-056 AP- PROVING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT DRAFT 04 16 2018 City Council Meeting Minutes 8 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Accepting Bids and Awarding the City’s Standard- ized Construction Improvement Contract for 2018 Reconstruction Projects Assistant City Engineer Monserud presented on this agenda report dated April 16, 2018. Braid: Noticed the bids came in close to the engineers estimate but they came in below the CIP by almost one million dollars; that makes him feel better about council moving Duluth up to this year from a money management standpoint. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 18-057 AC- CEPTING BIDS AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION IMPROVE- MENT CONTRACT FOR 2018 RECONSTRUCTION PROJECTS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B Consider Approval of a Resolution Approving the Plans and Specifications and Author- izing the Advertisement of Bids for the 2018 Mill & Overlay Improvement Project, City Pro- ject #STR18-000001 Public Works Director/City Engineer Wedel presented on this agenda report dated April 16, 2018. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-058 APPROV- ING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE 2018 MILL & OVERLAY IMPROVEMENT PROJECT, CITY PROJECT #STR18- 000001 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ DRAFT 04 16 2018 City Council Meeting Minutes 9 The motion carried. NEW BUSINESS No New Business Scheduled ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda COUNCILMEMBER LIAISON UPDATES Briggs: Noted the fire relief association met last week and we are going to see nine new fire- fighters this coming year to replace those who are retiring from service. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A Street Project Update - Public Works Director/City Engineer Wedel provided an update. Briggs: Questioned when the communication RFP for the projects will be coming back to council. Wedel: Stated the communications RFP is this month and will be coming back to the first meeting in May. Briggs: Stated the public works team gives their all during snow removal and he would like to see if staff could find a way to acknowledge that staff. Thompson: Noted staff should get a day off. Briggs: Direct staff to find a suitable way to acknowledge the public works staff if there is no ob- jection. RECESS Briggs called a recess at 8:42 p.m. to conduct an executive session. 12B Executive Session to Discuss Litigation Strategy with Respect to the 150th and TH13 Intersection Improvement Project Pursuant to Minnesota Statutes 13B.05 subd. 3 (b) RECONVENE Briggs reconvened the meeting at 9:20 p.m. Briggs: Reported the topic of address and professional service litigation was discussed. Asked Schwarzhoff to summarize the action needed. Schwarzhoff: Requested the council direct staff to proceed as directed in the closed session and approve agreement. MOTION BY BURKART, SECOND BY THOMPSON TO DIRECT STAFF PER THE CLOSED SESSION AND APPROVE AGREEMENT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 04 16 2018 City Council Meeting Minutes 10 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 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 9:23 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager