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HomeMy WebLinkAbout090396 Regular MINUTES OF THE PRIOR LAKE CITY COUNCIL September 3, 1996 1. CALL TO ORDER: Mayor Andren called the meeting of the Common Council to order at 7:30 P.M. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE THE MINUTES OF THE AUGUST 19, 1996 CITY COUNCIL MEETING Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, abstention Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Policy on Alcohol and Controlled Substances. C. Consider Approval of Renewal Application for Massage Therapy from Laurie Campbell. D. Consider Approval of Final Payment for: 1. Carriage Hills Parkway, Project 93-02 2. Carriage Hills Parkway/Knob Hill, Project 95-05 E. Consider Approval of Application for Refuse Haulers Permit-Knutson Services. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE ITEMS 4C AND 4D FROM THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · Mayor Andren removed Item A, Consider Approval of Invoices to be Paid, from the Consent Agenda for discussion. She questioned the Valley Paving invoice for Northwood Road. City Manager Boyles explained that he, Councilmember Mader, and MSA Inspector Thompson had looked at Northwood Road, were aware of the concerns, and would follow through. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 Councilmember Mader questioned the listing under General in the invoices for Lonnie Helgeson Consulting. City Manager Boyles explained it was a time and materials cost, and the total cost was not yet known for the organizational consulting. MOTION ANDREN SECOND KEDROWSKI TO APPROVE ITEM 4A OF THE CONSENT AGENDA, INVOICES TO BE PAID. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Councilmember Mader removed item 4B, Consider Approval of Policy on Alcohol and Controlled Substances, from the Consent Agenda for discussion. He said he was surprised at its length and complexity, and was concerned that that would provide an opportunity for inconsistent administration of the Policy. · City Manager Boyles explained the Policy encompassed three federal laws and a state law. He said the attorney was distilling the Policy to approximately 1 1/2 pages, and the report contained substantial background information. · Assistant City Manager Tremere explained that page 18 is the actual policy and the attorneys made a supervisory guide. He said that in using the services of an independent agency, it should not be difficult to insure consistency. MOTION MADER SECOND KEDROWSKI TO APPROVE CONSENT 1~ & A POI~. AGENDA ITEM 4B, APPROVING THE POLICY ON ALCOHOL AND CONTROLLED SUBSTANCES. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · Councilmember Greenfield removed Item 4E, Consider Approval of Application for Refuse Haulers Permit - Knutson Services, from the Consent Agenda for discussion. His concern was that the City allowed filing for licenses late, and should charge fees to recover additional costs associated with processing late requests. MOTION GREENFIELD SECOND KEDROWSKI TO HAVE STAFF INVESTIGATE WHETHER LATE FEES COULD BE ADDED TO THOSE WHO FILE FOR PERMITS/LICENSES PAST DEADLINES. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. M090396.DOC 2 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE ITEM 4E OF THE CONSENT AGENDA, CONSIDER APPROVAL OF APPLICATION FOR REFUSE HAULERS PERMIT-KNUTSON SERVICES. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. Consider Approval of Resolution 96-93 Providing for Issuance of Sale of Rl~S 96-93 $2,430,000 General Obligation Bonds of 1996. · Steve Mattson of Juran Moody addressed the City Council on the General Obligation Bonds, discussing changes in the stock market, and suggested alternatives. He explained there was 10 years left on refunding, and the City had their money in an "interest rate sensitive" situation. The interest has moved, and that took the savings from $68,000 to $34,000. He doesn't recommend selling bonds in today's market. If the City wants to make a change, it must do this before December 1. Mr. Mattson said the City can sell bonds in future, but is at the mercy of the market. He suggested issuing refunding bonds, and have Council ratify action. · Councilmember Greenfield said without time to investigate, it sounds like delegation of the Council's authority. This way the Council gives staff authority, and will ratify staff's decision at next meeting. · City Attorney Pace said there was a concern with ratifying action that has already been taken, and the Council cannot delegate powers. Mayor Andren could call an emergency meeting. The bylaws could be amended for this particular situation. MOTION GREENFIELD SECOND KEDROWSKI THAT THE MAYOR, ACCORDING TO STAFF DIRECTION, CALL AN EMERGENCY MEETING ACCORDING TO THE RULES OF THE BYLAWS FOR THE PURPOSE OF SELLING GENERAL OBLIGATION BONDS. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. There were no public hearings. M090396.DOC 3 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 7. OLD BUSINESS: A. Consider Approval of Addition of Street Lighting to City Project 94-02for RI~S 9678 Northwood Road Improvement Project by Adoption of Resolution 96- 78. · City Manager Boyles discussed the Northwood Road lighting issue. If there were street lights, they should be where the sidewalk has been installed instead of where originally planned, opposite the sidewalk. The cost is approximately $21,438.75, or $27,535.50 if located near the sidewalk. There also is $1,000 worth of landscape restoration to be done. If the Council decides not to install the lights, the poles would be removed at no cost to the City. · Lights were originally outside of scope of the project. This was in 1994, then at an additional Public Hearing, there was one person who mentioned lights. That person was told we would follow the policy on lights that if the neighborhood wants lights, they need a petition and need to pay for them. Northwood Road has a sidewalk and a heavily traveled roadway. Because it is a state aid street, the residents won't have to pay for it. Today it can become a change order. In the future, the residents will pay for their own lights. · The Mayor recognized Joe Passofero of 16077 Northwood Road. He asked for clarification of whether if lights are not added as a change order tonight, the cost has to be borne by the residents of Northwood Road. · The Mayor recognized Jerry Sullivan of 16063 Northwood Road. He is in favor of the lights for the safety of the children. · The Mayor recognized Barb Laniell of 16633 Northwood Road. She heard that residents would be given back the assessment money if the lights were not put in. The Mayor explained that that was not the case, since the lights were paid for with state aid funds. · Assistant City Engineer Wingard said the project was constructed efficiently, with some of the project budget going for lights. No matter what the cost of the road, residents are assessed 40%. · Finance Director Teschner said the City was receiving Municipal State Aid, but construction fund excess will be used. · The Mayor recognized Brad Golstad of 2865 Center Road. He was on the NSP end of lighting project. He said he would want to see box type that is by City Hall instead of decorative, for minimum interference. M090396.DOC 4 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 The Mayor recognized Ed Fisher of 2906 Center Road off Northwood Road. He is in favor of the lighting project; other roads such as this in the City of Prior Lake have lighting on them. With the winding road, walking path, and school bus stop, this should have been planned from initial stages. · The Mayor recognized a resident of 2891 Center Road. He was concerned that six months of the year it is dark, and there should be lights on. · The Mayor recognized Larry Hennon of 16525 Northwood Road. He said there should be lights to keep cars off his lawn. · The Mayor recognized Lee Nelson of 16085 Northwood Road, who was in favor of lights on the sidewalk side of project. · The Mayor recognized Don Harold of 16565 Northwood Road, who said he liked the road when it was 2-lanes and full of potholes. · The Mayor recognized Bruce Erickson of 16313 Northwood Road. He said there should be lights at the intersection, but minimum interference with the night sky otherwise. He felt that the public input was ignored. · The Mayor explained that there had been two formal public hearings, but that there have been some informational neighborhood meetings. She said the majority of people want to have lights. One of the things the City has done is initiate walking paths and trails along some of the roads. Lights are invaluable for safety purposes. If there are to be lights she supports lights on the sidewalk side. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE RESOLUTION 96-78 OPTION B ADDING STREET LIGHTING ON TO CITY PROJECT 94-02 FOR NORTHWOOD ROAD IMPROVEMENT PROJECT. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION ANDREN SECOND KEDROWKSI TO AMEND RESOLUTION 96-78 TO READ "NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF PRIOR LAKE THAT THE MAYOR AND CITY MANAGER ARE AUTHORIZED TO ENTER INTO AN INDIVIDUAL CONTRACT WITH MVEC AT AN AMOUNT NOT TO EXCEED $16,035.50 AND NSP IN AN AMOUNT NOT TO EXCEED $11,500.00." M090396.DOC 5 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Councilmember Schenck questioned Ron Jabs, the Senior Design Engineer for Minnesota Valley Electric Coop (MVEC). He asked if the lights shift to the sidewalk side, is the majority of light still on the street? Mr. Jabs said the lights are designed to direct downward, and have reflective panels which direct the light toward the street. · Councilmember Mader asked if the lights would cause the project budget to overrun. He asked if MSA would pick up the cost. · Finance Director Teschner said they pooled the bonds in the construction fund and Northwood Road was a primary project. He said typically projects are completed and closed out below what is bid. There was a surplus position in the construction fund, in which this project is included. MSA funds are directed through the construction account, but City can deal with this project through existing construction funds. The Mayor called the question on the amendment and resolution Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the Motion to Approve Addition of Street Lighting to City Project 94-02 for Northwood Road Improvement Project by Adoption of Resolution 96-78 carried. MOTION SCHENCK SECOND ANDREN TO DIRECT THE STAFF TO nw WORK WITH MVEC TO INSTALL THE LIGHTS IN THE LEAST SXREv. a: INTRUSIVE WAY. L~'t~a'rs Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Revised Developers Agreement for Eagle Creek F_~GLE Villas. CREEK MOTION KEDROWSKI SECOND SCHENCK TO APPROVE THE REVISED DEVELOPERS AGREEMENT FOR EAGLE CREEK VILLAS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval Of Scott County Position Regarding Metropolitan Council Growth Options Paper. M090396.DOC 6 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE SCOTT COUNTY POSITION REGARDING METROPOLITAN COUNCIL GROOm GROWTH OPTIONS PAPER. oPTxo~s Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Schematic PUD for Priorview PUD to Allow Assisted Living Project. · City Manager Boyles introduced this item, which the Planning Commission is recommending approval. He said staff is suggesting that there be modifications to two of the conditions of the trail. · The Mayor recognized Bryce Huemoeller of Eagle Creek. He said he is fine with R~S 9690 the conditions of 96-90, including the modifications staff has noted. He is ready to move forward with the final PUD plan. · Councilmember Kedrowski wants staff to comment on road access. Planning Director Rye explained the recommendation was to maintain road connection and the right of way was obtained by the City. · Councilmember Mader asked if the City can maintain right of way and use it in the future. He said in the worst case, the City could just maintain the roadway portion. MOTION ANDREN SECOND MADER TO AMEND RESOLUTION 96-90, CONDITION 1 TO ADD TO Itl THAT: THE CITY WILL RETAIN ALL CURRENT EASEMENTS, AND A NEW CONDITION: AT THE OPTION OF THE CITY, ALONG THE FIVE HAWKS TRAIL AT THE DEVELOPERS' EXPENSE, LIGHTS MAY BE INSTALLED. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · Councilmember Greenfield questioned the City Attorney on lighting for the trails. He thought they should be installed for kids' safety. MO90396.DOC 7 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE RESOLUTION 96-90 APPROVING SCHEMATIC PUD FOR PRIORVIEW PUD TO ALLOW ASSISTED LIVING PROJECT. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-91 Certifying Proposed 1997 City of RI~S 96-91 Prior Lake Tax Levy to Scott County Auditor. · City Manager Boyles introduced this item. Under the Truth in Taxation law, the City Council is to adopt the Preliminary levy tonight. The Council directed that the 1997 budget result in no tax increase based on valuation. The process provides that we the Council would have a workshop and go through the budget. December 11 is the Truth in Taxation hearing. We are required to adopt a budget by December 31. The first step is to adopt a preliminary levy. · Councilmember Mader said the City and Council should try to reduce real estate taxes. The 97 proposed budget is a 7% increase. He said he doesn't object to conservative budgeting, but it shouldn't be used to create a surplus. He said we can reduce taxes without risk to the City, and someday get us out of top 10%. · Mayor Andren said this is the 10th budget she has gone through. For 11 years, the City has held the line on taxes or taxes have been reduced. Conservative budgeting is good, but a growing City needs funds to provide services. The staff has been responsive to the Council's no tax increase directive. · Councilmember Greenfield commented on the budget. With no net tax increase, he was concerned the City may not have enough funds. He said staff did good work on this budget. · Councilmember Schenck commented on the good work from staff on this issue. MOTION ANDREN SECOND GREENFIELD TO APPROVE RESOLUTION 96-91 CERTIFYING PROPOSED 1997 CITY OF PRIOR LAKE TAX LEVY TO SCOTT COUNTY AUDITOR. Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carded. C. Consider Approval of Resolution 96-92 Designating Various General Fund Reserve. M090396.DOC 8 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 · City Manager Boyles went over Resolution 96-92 designating four proposed uses for 1995 funds in accordance with previous Council direction and in order to provide funding sources to keep the City fiscally strong. · Councilmember Mader expressed concern that these surpluses should be used in part to reduce the levy. He predicted that an even greater surplus will occur in 1997. · Finance Director Teschner responded that he does not believe that we will have a $750,000 surplus this year. The budget reports are 6 month, but behind in expenditures. He said expenditures were 41 percent last year, 43 percent this year. Contingency expenditures were significantly understated at that time. · Councilmembers expressed concern about a one time tax reduction which would provide no long term benefit or fiscal improvement for the City and its taxpayers. MOTION SCHENCK, SECOND KEDROWSKI TO APPROVE RIgS 96-92 RESOLUTION 96-92 DESIGNATING VARIOUS GENERAL FUND RESERVE. Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. D. Consider Approval of Resolution 96-21 to Permit Churches in the C-1 ord 96-21 District. MOTION KEDROWSKI, SECOND SCHENCK TO APPROVE ORDINANCE 96-21 PERMITTING CHURCHES IN THE C-1 DISTRICT. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Approval of Ordinance 96-22 Permitting Fences in the County ORI) 96-22 Road Right-of-Way. MOTION KEDROWSKI SECOND SCHENCK TO PREPARE A RESOLUTION OF DENIAL WITH FINDINGS OF FACT. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 9. OTHER BUSINESS: M090396.DOC 9 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 A. Reopen request for extension of final plat for North Shore Oaks. · Mayor Andren stated that two Council meetings ago this plat extension was denied. Since then, it was pointed out by the City Attorney that there is an inconsistency in the ordinance language. There is an option for the Council to reconsider because of this apparent contradiction. MOTION ANDREN SECOND SCHENCK TO HAVE STAFF PREPARE A REPORT ON RECONSIDERATION OF THE PLAT TIME EXTENSION FOR NORTH SHORE OAKS. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Massage Therapy Ordinance · The City Attorney discussed possible changes to the ordinance. Fingerprints and pictures should not be required. Instead of requiring personal and business licenses, business license requirement should be removed, and personal license only be required. Business location should be regulated through the zoning ordinance. A photo of the therapist must be with them while doing business. If the Council does delete the business license, it should consider a rebate on the business license required of the last applicant (Ms. Lambert). C. Upcoming Executive Session · On September 16th, there will be a pending litigation discussion. MOTION BY MADER SECOND KEDROWSKI TO ADOPT RESOLUTION R~S 96-95 96-95 TO MODIFY DEVELOPMENT DISTRICTS NOS 1 AND 2 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1-1, 1-2, AND 2-4, ADOPT DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN AND CALL FOR CONSULTATION WITH OTHER AFFECTED JURISDICTIONS AND PUBLIC HEARING. Upon a vote taken, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck. D. Teambuilding Workshop · City Manager Boyles discussed. Lonnie Helgeson, organizational consultant, has provided copies of her report on establishing effective working relationships. She wants to interview Councilmembers as well. She will provide a schedule for this. MO~S~.DOC 10 MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996 A Two-Day Teambuilding Workshop retreat will be set up for the purpose of working on group effectiveness. E. Northwood Road Storm Water Collection m/ RO/m STOI~I There is a Storm Water collection pond adjacent to sidewalk with excessively WATER steep slopes. There are safety concerns that need to be addressed. COLLECT MOTION MADER SECOND KEDROWSKI THAT STAFF MAKE SPECIFIC RECOMMENDATIONS FOR PROTECTION OF THE STORM WATER COLLECTION POND ON NORTHWOOD ROAD. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Mayor Andren commented the Park and Recreation Director Hokeness and his department have done a wonderful job improving Grainwood Park and other parks in the community. The meeting was adjourned at 10:40 p.m. 10. ANNOUNCEMENTS/CORRESPONDENCE - /~// t ,. /t 11. ADJOURNMENT y ager Recording Secretary M090396.DOC 1 I