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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA October 3, 2005 7:00 pm Fire Station No. 1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 8:00 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 SEPTEMBER 6, 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 Contract for Maple Glen 2nd Addition. C. Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution of the city's Standardized Development Contract for Wild's Ridge North. D. Consider Approval of a Contract to Participate in the Scott County Sentencing to Service Program. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 8. PRESENTATIONS: A. Concept Plan - Hickory Shores (O'Brien Property) B. Toastmasters International Proclamation - Genell Hollahan C. Follow-up Report Regarding Mail Tube Installation on Mailbox Posts. D. Autumn Gathering (October 8) and Fall Recreation Programs. E. Communications Report - Website Demonstration F. John Sullivan - Former Community Development Director 9. OLD BUSINESS: A. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into Agreements with Respect to City-owned Property at Hastings and Main Avenue: 1. Development Agreement 2. Agreement for Purchase of City-owned Property 3. Lease Agreement for Public Parking Lot 10. NEW BUSINESS: A. Consider Approval of a Report with Respect to Allowable Uses in the C-5 Zoning District. B. Consider Approval of Revisions to the Standardized Contract for Animal Control. C. Consider Approval of a Resolution Approving a Preliminary Plat to be known as the Enclave at Cleary Lake and a Resolution Approving a Wetland Replacement Plan. D. Consider Approval of a Resolution Approving Payment to Spring Lake Township for the Upgrade of Mushtown Road. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes September 19, 2005 Draft REGULAR COUNCIL MEETING MINUTES September 19,2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, LeMair, Petersen and Zieska, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Parks Supervisor Friedges, Public Works Coordinator McCormick, Assistant Engineer Poppler, Communications Coordinator Oster and Administrative Assistant Green. 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 ZIESKA, SECONDED BY FLEMING TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. City Manager Boyles informed the Council that the petitioner for item SF, Approving the Final Plat and Development Con- tract for Wilds Ridge North, has asked that the item be withdrawn from the agenda. APPROVAL OF MEETING MINUTES MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE THE SEPTEMBER 6, 2005, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. Zieska abstained due to his absence at the September 6, 2005, meeting. The motion camed. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of the Treasurer's Report. C. Consider Approval of the Building Permit Report. D. Consider Approval of the August Animal Warden Monthly Report. E. Consider Approval of the Monthly Fire Call Report. F. Consider Approval of Resolution OS-XXX Approving the Final Plat and Development Contract for Wilds Ridge North. G. Consider Approval of Resolution 05.157 Approving a Wetland Replacement Plan for Beren's Woods. H. Consider Approval of Election Judge Appointments for 2005 General Election. MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA WITH ITEM SF REMOVED. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. PUBLIC HEARINGS: There were no public hearings. PRESENTATIONS: Regional Public Safety Training Facility City Manager Boyles reported on a recent meeting of SCALE members with the Senate Bonding Committee regarding a public safety training facility for police, fire and public works services. He noted that several governing entities are www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes September 19, 2005 Draft involved and that the proposed facility would have venues not available anywhere else in the state. Noted that Scott County has talked about providing the jail annex for the facility which would save money as well as retain a building which has significant historical value; also, it is a central location and local residents are supportive of the effort. Boyles reported on a proposed budget and funding that would be derived from federal, state and local sources. Comments: Fleming: Stated this is a culmination of a great partnership between municipalities and would satisfy a community need. Petersen: Stated the railroad on site would enhance training opportunities, and that the facility is planned to have movable facets which would provide variables for training. Zieska: Stated this project has evolved to being nearly a statewide facility - it is planned to have assets that would be nowhere else in the state. There will be a dormitory and kitchen on site so trainees can stay on site. The Senate Bonding Committee appeared to be favorably impressed. leMair: Concurred that this is a good project and many communities are involved which will spread out the burden. Haugen: Commented that this project became a priority for SCALE in early 2004 and it could not be accomplished by just one entity; it is a regional project that is larger than Scott County. The facility would have components that are not anywhere else in the state and it will bring great value to the community. OLD BUSINESS: Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract with Modifications for the Construction of the Police Station / City Hall Buildings. City Manager Boyles presented. He reviewed the history of planning in the City since 1993 when staff and council identi- fied that current facilities were inadequate to serve the growing community; and noted that some of the needs have been fulfilled with the fire station, maintenance center and a library. The final need identified was for a police station and city hall. Bill Wolters, owner's representative, spoke about the process used to determine city hall and fire station needs and the anticipated costs. He also addressed the bids that were received and noted that the contractor with the lowest bid withdrew it, but that the next lowest bid was within the anticipated cost of building. Wolters expressed appreciation to the people he worked with over the past year during the planning process. Comments: LeMair: Pleased with the outcome of the base bids. Considering the time and energy expended discerning what would work well for the future, receiving ten bids within our projected parameters reflects the actual cost of building. Will approve the bid from Shaw Lundquist. Zieska: Stated he is happy with the bids and noted that the recent increases in energy costs, and Hurricane Katrina, has had a ripple effect on the cost of building. Petersen: Concurred with Zieska's comments that catastrophes around the country impacts building materials costs. Will approve the bid. Fleming: Asked about how post-bid reduced adjustments in line items for furniture, security cameras and project con- tingency fees were made. Wolters: Replied security camera costs were provided in the base bid and furniture costs were calculated at a per person cost in addition to the council conference room tables and chairs in an amount believed to be adequate. leMair: Stated there was also consideration given to leasing or renting furniture, but it was determined that leasing was not the way to go for a permanent need. Will consider what we currently have and what needs to be newly pur- chased. Wolters: The contingency fee has $250,000 and the budget has a reserve for contaminated soil, most of which is specified under the base bid. The true contingency is $275,000 and is believed to be adequate. When excavation and the foundation are completed, minimal change orders will be anticipated. leMair: Stated there may be some reimbursement for clean up of ground contamination from the Super Fund. 2 "._""'-""'-~-'""-~"'~-'~""""-"._'"'-'-"'.~.... -'-~'~~"--'-'-----'l'-'~-___U"_'U"'_"'_'__ City Council Meeting Minutes September 19. 2005 Draft Haugen: Stated there was a thorough process utilized in determining what kind of bid should be sent out. Com- mended Wolters on the method of using alternates to maximize use of money. Mike Cox, Wold Architects, described the alternates for additional amenities and durability that were also bid. Comments: Fleming: No comments. Petersen: Sought comments from other Council members regarding the rain gardens. Zieska: Understood that the rain gardens were necessary. Stated the Council fulfilled fiduciary duties by bringing bids in on budget and looking at savings of long term costs which is done with the alternates. Meeting rooms are in demand around the City and these buildings will provide some. Will support the alternates that are proposed. LeMair: Advocates for the community conference room alternate since the space is very much needed in the community. Also supports the ceramic tile for cleaning and low maintenance reasons. Noted the vinyl wall covering will help from acoustical and maintenance standpoints. Rain gardens are required by the watershed. Also recommends adding the walk off mats to the proposal because they will save in cleaning costs. Haugen: Agreed that the community conference room alternate should be included. Also stated that the building project should not be delayed because future costs would be more. Noted that rain gardens are for onsite water retention to avoid runoff. Agreed that walk off mats should be included. Asked Boyles to talk about funding mechanisms. Boyles: Referred the Council to the proposed resolution which details funding mechanisms and that adding the walk off mats would add $7,600 to the proposal. Zieska: Concurred with suggestion to have walk off mats and asked if the proposed mats would have drains under them. Cox: Replied it would be recessed walk off mats without a drain. Zieska: Stated that even without a drain it is an advantage to have it. MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.158 ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT TO SHAW LUNDQUIST FOR THE CONSTRUCTION OF THE POLICE STATION / CITY HALL BUILDINGS TO INCLUDE ALTERNATES 1, 2, 3, 5, AND 61N THE AMOUNT OF $521,100 TOGETHER WITH $12,539 FROM THE BASE BID TO BE FUNDED WITH $250,000 FROM THE ENTERPRISE FUND AND $283,639 FROM THE GENERAL FUND. Fleming: Asked if the work would be done with one contract. Pace: Affirmed that it is probably one contract with the exception of the rain garden; the alternates will become part of the project. Fleming: Agreed the walk off mats make sense and will support the resolution as made by the motion. Petersen: Clarified that alternates 1, 2, 3, 5 and 6 are to be included in this motion and alternate 7 will be with a different contractor. Zieska: No comments LeMair: No comments Haugen: Asked Boyles to explain the difference between the enterprise fund and the general fund. Boyles: Replied that the purpose of an enterprise fund is to manage the business portions of city government such as the transit fund, sewer and water funds, etc. The funds operate like a business charging user fees for the goods and services delivered to the public. This enterprise fund has a reserve and will be drawn upon to make a capital contribution to the loca- tion from which it will operate. Haugen: Asked if the fund balance would be at risk if drawn upon. Boyles: No. Haugen: Affirmed that the water quality enterprise fund would also not be put at risk when drawn upon to build the rain gardens. Noted that the enterprise funds are created through revenues outside of the taxes that residents pay; they are separate funds that are fee driven. Boyles: Agreed and noted the funds are required to be set aside to be spent for particular purposes. 3 City Council Meeting Minutes September 19, 2005 Draft Haugen: Affirmed this purpose is consistent with how the funds are generated and designated. Also asked if drawing funds from the general fund would create any risk. Boyles: Stated the general fund would remain at $3.4 million which is around 34% of the general fund budget, consistent with Council, State Auditor and City Auditor recommendations. Haugen: Asked this utilization of fund balance will put Moody's bond rating of the City in jeopardy. Boyles: Stated that it will not. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Boyles: Related the upcoming sequence of events in the project and stated that anticipated occupancy of the police sta- tion will be November 2006, and occupancy of the city hall in December 2006. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Contract for the Con: struction of the Concession Restroom Building Additions and Remodeling at the Ponds Athletic Complex. Parks Supervisor Friedges described the elements of the bid package for the building additions and remodeling. Noted that City staff would be performing some of the work as well as acting as general contractor to keep costs low. Comments: LeMair: Asked if multiple bids were requested for each element of the project. Friedges: Affirmed. LeMair: Stated he was happy to see the bids come in lower than last year and noted some of the cost savings. Zieska: Noted that at the time of letting the first bids, we were unaware of some of the ADA needs that were neces- sary. This facility will meet ADA standards; and this park is one of the crown jewels of the park system and is heavily used. Commended the talent of the City staff for the work they will be completing. Petersen: Noted the difference in the bids on the concrete work and asked if contractors are aware of everything the work requires. Friedges: Spoke with contractor to assure they understood the specifications. Fleming: Comfortable with the bids and the savings of $42,000. Haugen: Concurred and also noted the City staff has been used in other parks construction and there is no complaint on the quality or value of the finished result. MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.159 ACCEPTING THE BIDS AND AWARDING THE CITY'S STANDARDIZED CONTRACT FOR THE CONSTRUCTION OF CONCESSIONS/RESTROOM BUILDING ADDITIONS AND REMODELING AT THE PONDS ATHLETIC COMPLEX. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Declaring Costs to be Assessed, and Ordering Preparation of an Assessment Roll for the 2005 Public Improvement Project and Establish the Date of the Special Assessment Hearing for the 2005 Improvement Project (#05.01 and 05.11). Assistant City Engineer Poppler displayed location maps and updated the Council on the status of the work. He stated that the assessment review committee met to review projects and proposed assessments and that a special hearing before the City Council is proposed for October 17,2005. Comments: LeMair: Serves on the assessment committee so is familiar with the costs to be assessed and is glad they came in for a lesser amount than the original projections. Zieska: Stated he also serves on the assessment committee and these proposed costs are consistent with what the City has assessed in the past. Petersen: Agreed with LeMair that to see the costs come in lower than the original projection is a good thing. Fleming: In support and asked City Manager Boyles to describe the purpose of the proposed hearing on October 17. 4 City Council Meeting Minutes September 19, 2005 Draft Boyles: Stated that the proposed resolution before the Council would approve the assessment roll so specific num- bers can be sent to owners of parcels, and it adopts as the special assessment date. At the public hearing the public will have an opportunity to comment on the assessments. At the conclusion of the public input, the Council can adopt all or part the special assessments as proposed or refer them back to the assessment committee. Haugen: Noted that 60% of the assessments are paid by the general public and 40% are paid by residents. Boyles: Concurred and noted the exception is Centennial Avenue which was a dirt road and will pay the full cost of install- ing the new roadway. Zieska: Clarified that Centennial's cost was the assessable portion, which was only approximately one-third of the cost of the project. Haugen: Noted that several concerns of Frost Point Circle were evaluated to assure consistency with appropriate practice. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.160 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2005 IMPROVEMENT PROJECT CITY PROJECT 05-01 AND 05-11 AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Considering a Request to Amend the Deerfield Industrial Park Development Contract. Director of Public Works Albrecht described costs for which the developer is seeking reimbursement; and invited Council consideration of issues to be considered in development contracts. He stated that the developer was informed of proc- esses that should be followed to handle additional costs before contract agreements were signed. Comments: Fleming: Asked if language in the 2004 development contract differed significantly from the 2005 contract to lead the developer to believe they had some latitude in seeking reimbursement. Albrecht: Replied that the 2004 contract makes no provision for any reimbursement at all; generally problems are addressed during construction. Pace: Stated that the city's standard construction contract states City will not pay anything without prior approval. Petersen: Stated this would be opening up a can of worms with other contractors who felt they spent too much money on projects in the past. Need to stay with the contract that nothing additional would be paid without prior ap- proval. Zieska: Agreed and stated that developers would have no liability if they thought the City would pay for anything submitted. LeMair: Noted that the City agreed to reimburse the developer for building the road. Agrees that reimbursement requests should not be brought forward after the project is completed. Stated some of the costs may have been part of the project and we should consider what is the right thing to do; but do not want to set a precedent for other contractors who have had additional costs in the past. Zieska: Likened it to building a house and being advised of additional costs when the house is finished. Will not support it. Haugen: Stated that in essence it would be modifying a contract that was already in force and what would be the point of having a contract. Cannot support it. MOTION BY PETERSEN, SECONDED BY FLEMING DENYING THE REQUEST TO AMEND THE DEVELOPMENT CONTRACT FOR DEERFIELD INDUSTRIAL PARK (CITY PROJECT #03-40). VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. NEW BUSINESS: Consider Approval of a Resolution Updating the Winter Maintenance Policy. Public Works Coordinator McCormick reviewed the changes made to update the winter maintenance policy. Comments: No comments were made by the Council. 5 City Council Meeting Minutes September 19, 2005 Draft MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05.161 APPROVING AN UPDATE TO THE WINTER MAINTENANCE POLICY. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. PRESENTATIONS: Communications Report - Cable TV The communications report by Communications Coordinator Oster was delayed from an earlier agenda item. Oster spoke about the communication element of the 2030 vision, specifically cable TV. He reviewed the program offerings including Council meetings and Wrap Up sessions as well as community events such as Lakefront Days and the How to Build a Deck Seminar. He anticipated that advisory meetings would be broadcast in the future. LeMair: No comment. Zieska: No comment. Petersen: Stated the broadcasts were a good thing and assured that citizens were watching. Fleming: Expressed appreciation for the work and commended Oster for staying on the leading edge of technology since the broadcasts helps keep the community connected and growing. Haugen: Stated that communication is the ninth vision element in the 2030 vision and it is critical as we try to get more information out about what is going on in our community. OTHER Haugen: Expressed special recognition and appreciation to John Mahoney for providing corn and other vegetables for the Fire Department Chicken dinner. Also noted the Council attended the Fall Community Fest at the Prior Lake High School leading to the 8 p.m. start time of the Council meeting. ADJOURNMENT With no other comments from Council members, a motion to adjourn was made by Petersen and seconded by LeMair. With all in favor, the meeting adjourned at 10:07 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 6 ''-'"~'''-''''''---~'''1-~'--'-'-''''"~<-'''"-''''''''--~~----"-'-''~---',_,~~-~"._--~------~~",~,~,,-,,~,,-_.""'~"-'''''.,-",~..."'---,-,..-"".".-----.,--.~-.--------.-,-.-...---.~,--.-'----_...