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Home My WebLink About102196 Regular MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: October 21, 1996 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant City Manager Tremere, Parks and Recreation Director Hokeness, Planning Coordinator Kansier, City Attorney Pace, Recording Secretary Koch. 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 BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE OCTOBER 7 CITY COUNCIL MEETING MINUTES. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, abstention Greenfield, the motion carded. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE THE OCTOBER 10 SPECIAL MEETING MINUTES. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, abstention Greenfield, the motion carried. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE THE OCTOBER 7 PUBLIC HEARING MINUTES. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, abstention Greenfield, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Building Permit Report for September B. Consider Approval of Invoices to be Paid. C. Consider Approval of Treasurer's Report. D. Consider Approval of Third Quarter Budget Report. E. Consider Approval of Third Quarter Investment Report. F. Consider Approval of Fire & Rescue Report G. Consider Approval of Consent to Transfer of Property Owned by Award Award Printing Printing H. Consider Approval of Change Order #1 for Sand / Salt Storage Building. Sand/Salt Ch . Order 1 16200 l~mgl~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4}~5 AN EQUAL OPPORTUNITY EMPLOYER I. Consider Approval of Resolution 96-101 Approving a Variance Appeal by Kemper Don and Mary Kemper at 15097 Manitou Road. Var±ance J. Consider Approval of Animal Warden Report for September · Councilmember Mader removed items 4B, Consider Approval of Invoices to be Paid and 4I, the Kemper Variance Appeal, from the Consent Agenda. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE EVERYTHING ON CONSENT AGENDA EXCEPT ITEMS 4B AND 4I. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · Councilmember Mader questioned the fumiture/equipment invoice on 4B, and asked if it came from part of the funds for the maintenance building. Parks and Recreation Director Hokeness explained that it did. MOTION BY MAI)ER, SECOND BY KEDROWSKI TO APPROVE ITEM 4B, INVOICES TO BE PAID. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried · Councilmember Mader said he wanted to reiterate that he would not support item 41, the Kemper variance appeal. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ITEM 4I, CONSIDER APPROVAL OF RESOLUTION 96-101 APPROVING A VARIANCE APPEAL BY DON AND MARY KEMPER AT 15097 MANITOU ROAD. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. There were no presentations. 6. PUBLIC HEARINGS: A. Consider Approval of Resolution 96-99 Amending the Enabling Resolution EDA by Reconfiguring Economic Development Authority and Adopting Revised Bylaws. · City Manager Boyles introduced the item. He explained the revision of the bylaws in accordance with the enabling resolution, and the change of composition of the existing body. He discussed the report, amended articles, 4, 5-1, and a new code of conduct. 1021 .DOC 2 Mayor Andren said the recommendation for commissions will be an open process, and it may be the second meeting in November before recommendations can be made. · Councilmember Greenfield questioned some of the language in the bylaws regarding an "agent" and salary. He said the word "and agents" should be struck. Article 9, line 1 should read "commissioners." · Councilmember Mader asked about the EDA's authority to annually adopt a property tax levy for its budget purposes. · The Mayor explained that there would be City Council influence on the EDA. She said she wanted an EDA with some autonomy. She spoke on the importance of having members that are businesspeople as well as residents. · City Attorney Pace referred to page 6 of the enabling resolution, which refers to the approval authority of the EDA. She said the EDA levy authority is limited by state law. · Councilmember Mader asked if the EDA could levy taxes without Council approval. City Attorney Pace said that the Council could impose conditions. He said he was not in favor of approving the EDA reconfiguration. He said the EDA should come to the City each year for approval of the budget. · Councilmember Greenfield stated that there would be two Councilmembers on the EDA. He said the committee should have its own authority. · City Attomey Pace said that this enabling power was not a change but was the same as it has been. · Councilmember Kedrowski asked about item B on page 6 in section 10, referring to Housing and Redevelopment Authority (HRA). He thought an HRA should be set up outside the EDA. · City Attorney Pace said the EDA is limited to a maximum levy for its operating budget. MOTION BY ANDREN SECOND BY KEDROWSKI TO APPROVE RESOLUTION 96-99, AMENDING THE ENABLING RESOLUTION BY RECONFIGURING THE ECONOMIC DEVELOPMENT AUTHORITY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck; nay by Mader, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE REVISED BY LAWS AS AMENDED. 102 I,DOC 3 Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay by Mader, the motion carried. MOTION SCHENCK SECOND KEDROWSKI TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. The Public Hearing closed at 8:23 p.m. 7. OLD BUSINESS: A. Consider Approval of Request by Evergreen Land Services for Additional Evergreen fees with respect to the Northwood Road Improvement Project Addtl Svc Iqorthwood Rd. · City Manager Boyles discussed the item and introduced Stuart "Bud" Storm, who represented Evergreen Land Services. · Mr. Storm said they had documentation for the time spent, contacts and work done. He referred to a July 16th letter which explains the cost. He asked if the Council thought the work was not performed. · Mayor Andren said this did not come to the Council for authorization. She said that Evergreen successfully completed 18 parcels and were asking $8,300 for the additional parcels. · Mr. Storm explained that they were asked for an estimate from MSA. When asked to look at the appraisals, they concurred and said they would look at the additional costs. They were asked to analyze the appraisals. He said that Larry Anderson asked them to do the extra work. · Mayor Andren said the Council was being asked to approve something after the fact, and a policy should be in place to prevent this. She said that staff would be directed to prepare a policy to avoid this in the future. She said this was part of the easement acquisition process. · Mr. Storm apologized for not putting something in writing. · The Mayor offered half of what Evergreen Landscaping asked for, because they were partially responsible for the lack of communication. · Mr. Storm said that he submitted bills two times per month, and they were paid. He said that he returned a check to the City, at the City's request, for the unauthorized part of the total amount billed. · City Attorney Pace said the City entered a contract for $6,000. The City Council can ratify a decision that an unauthorized staff person made 1021.DOC 4 allowing the cost increase. The request to amend the contract was made after it was completed. · Councilmember Mader said that if one of the staff had authorized the work, it would be okay. He said no one has said that anyone authorized any work saying that the work would be paid for, but the payments showed that the work was acknowledged by the City. · Mr. Storm said they submitted an estimate but not a bid. The estimate was December 2, 1994. · City Attorney explained that professional services are not bid. There is a distinction between professional services and the purchase of goods and products. · Councilmember Mader stated that based upon his review of an April letter from Evergreen, the City may have responsibility for paying the additional dollars requested. MOTION KEDROWSKI SECOND MADER TO PAY EVERGREEN FOR SERVICES RENDERED. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO DIRECT STAFF TO REVIEW POLICY REGARDING CHANGE ORDER OVERRUN. There was discussion regarding the motion. · Greenfield said it would be difficult for the staff and he did not want to micromanage. · City Manager Boyles said the staff reviewed a Purchasing Manual for City Staff use providing direction on spending limits and authorizations. The Mayor called the question. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: 9. OTHER BUSINESS: A. 1021.DOC 5 10. ANNOUNCEMENTS/CORRESPONDENCE VFW Pig Roast Sunday October 27, 1:00 p.m.- 5:00 p.m. (3:00 p.m. Ceremonial Check Presentation to Mayor and Availability of Fire House). · Reminder, City Council workshop at Oak Ridge Conference Center in Chaska, Friday, October 25, 8:30 a.m.. · MnDot is having difficulty with the position of the City Council on TH 13. Does the Council wish to change its position? MOTION SCHENCK SECOND KEDROWSKI TO DIRECT STAFF TO DETERMINE THE STATUS OF A TREE HANGING OVER BOUDIN'S BAY AND TO TAKE APPROPRIATE ACTION TO REMEDY ANY SAFETY PROBLEM. Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 11. ADJOURNMENT Meeting adjourned by genera/~nsent at 9:30 p.m.. A oved: '/ ~ / / / . Re~o?di~r~' ~ ~ - '-- 102 I.DOC 6