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HomeMy WebLinkAboutAgenda & Minutes City Council Work Session - 5:30 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: October 4, 1999 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF SEPTEMBER 20,1999 MEETING MINUTES: 4 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. 101.- B) Consider Approval of Resolution 99-~Approving City of Prior Lake Pay Equity Implementation Report. 103 C) Consider Approval of Resolution 99-~ Approving Mutual Aid Agreement for Fire Service Assistance Including Use of Fire Personnel and Equipment and Authorizing the Mayor and City Manager to Execute the Agreement. D) Consider Approval of Joint Powers Agreement between Scott County and the City of Prior Lake for Participating in the Sentencing to Service Program. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: A) Mayor Mader Presents a Plaque to Former Assistant City Manager Bret Woodson. B) Mayor Mader Reads a Proclamation Confirming the Centennial Celebration of the VFW Nationally. 7 PUBLIC HEARINGS: A) Conduct Assessment Hearing for 1999 Improvement Project 99-11 Candy J. W Cove/Lakeside Manor Improvements and Consider Approval of Resolution 99-XX ~t.;'~ Adopting the Assessment Roll for the Project. {II ~ . B) Conduct Assessment Hearing for 1999 Improvement Project 99-13 North Shore Oaks First Addition Sanitary Sewer and Water Service Improvements and Consider Approval of Resolution 99-~Adopting the Assessment Roll for the Project. loti OLD BUSINESS: /3 A) Consider Approval of Ordinance 99-~ Amending City Code Section 705.1200 Pertaining to Individual Septic Treatment Systems in the City of Prior Lake. B) Consider Approval of Resolution 99-~AuthoriZing the Mayor and City Manager to Execute a Purchase Agreement for the ale of Lot 2, Block 3, Brooksville Center 1 st Addition. 'oS 8 l~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9 NEW BUSINESS: 10(, A) Consider Approval of Resolution 99~ Accepting Bids and Awarding the Contract for Brooksville Hills 6th Addition Drainage Improvement City Project 99-15. Consider Approval of Resolution 99-~ Approving the Preliminary Plat for Farrell's 1 st Addition. 101 Consider Approval of Report Outlining Steps to be Taken to Address Issues Raised by the Residential Survey. B) p.c. ,\.~,.. C) ~o ~~- ~t6 ~ 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: . A) Report from Mayor Mader Regarding Minnesota Valley Transit Authority. ~ (\W." ."e B) Executive Session to Discuss Pending Litigation. 11 ADJOURNMENT - /L~\ \O',:ru-r IOO499.DOC REGULAR COUNCIL MEETING MINUTES Date: September 20, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, City Engineer IIkka, Assistant City Engineer McDermott, Planning Coordinator Kansier, Finance Director Teschner, Public Works Supervisor Hartman and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Proposed Adding as Item 8C (Consider Approval of Resolution 99-98 Approving the Final Plat and Development Contract for Fountain Hills Addition). Also noted that various agenda materials were distributed to Councilmembers the past Friday. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF SEPTEMBER 7.1999 MEETING MINUTES: MADER: Requested revision to two sentences on page 5, first paragraph, beginning "Based upon an article from....n . The sentences should read "Based upon an article from the Prior Lake American, Prior Lake's tax rate is 69% higher than Savage and 80% higher than for Shakopee for a home of equal value. Because the average home value in Prior Lake is 30% higher than for Shakopee, the average homeowner in Prior Lake pays even more, or about twice as much as a homeowner in Shakopee". MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE SEPTEMBER 7,1999 MEETING AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSENT AGENDA: A) Consider Approval of Invoices to be Paid. B) Consider Approval of Treasurer's Report. C) Consider Approval of Building Permit Report. D) Consider Approval of Animal Warden Monthly Report. E) Consider Approval of Fire Call Report. F) Consider Approval of Election Judge Appointments for 1999 General Election. G) Consider Approval of Resolution 99-94 Initiating the Vacation of a Portion of a Roadway Easement for Pike Lake Trail Adjacent to Knob Hill 2nd Addition. MADER: Requested removing Item G (Consider Approval of Resolution 99-94 Initiating the Vacation of a Portion of a Roadway Easement for Pike Lake Trail Adjacent to Knob Hill 2nd Addition. ) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Minutes September 20. 1999 MOTION BY WUELLNER, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS A THROUGH F. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: ITEM G (Consider Approval of Resolution 99-94 Initiating the Vacation of a Portion of the Road Easement Adjacent to Lots 1-4, Block 4, Knob Hill 2nd Addition.) MADER: Asked staff to clarify the location of the easement in relation to Lots 1-4, Block 4, Knob Hill 2nd Addition. KANSIER: Explained that the roadway easement ran along and partially over the rear lot line of those properties. MOTION BY MADER, SECOND BY PETERSEN, TO APPROVE CONSENT AGENDA ITEM G. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. PRESENTATIONS: NONE. PUBLIC HEARINGS: Public Hearing to Consider Approval of Resolution 99-XX Ordering the 2000 Improvement Projects and Preparation of Plans and Specifications Therefore. PACE: Noted that the public hearing was scheduled for 7:45p.m. and since it was not yet that time, it would be appropriate to defer the hearing until 7:45 p.m. The item was deferred until 7:45p.m. (following Item 8B). BOYLES: Gave an overview of the project approval process for the 2000 improvement projects. Further noted the process in place to this point, and the proposed reconstruction projects for Area 1 (Oakridge Circle-Flandrau Circle-Indian Ridge Circle-Fulbright Circle-Euclid Avenue-Maves Trail- Forsythe Road); Area 2 (Shannon Trail-Shannon Circle-Prior Circle); Area 3 (Fairlawn Shores Trail from 150th to Fish Point Road); Area 4 (Fish Point Road from Glory Circle to Cty. Road 44); and Area 5 (a petitioned improvement project for Linden Circle). McDERMOTT: Provided additional details for the proposed projects for Areas 1 through 4, including costs and proposed assessments. WUELLNER: Asked if Shannon Trail currently had concrete curb and gutter, and if the road had exceeded its useful life. McDERMOTT: The Shannon Trail project area does not currently have concrete curb and gutter but rather a bituminous roll curb, and it is not unusual that the 17 -year old road has exceeded its useful life and needs replacement. Likewise with Area 1, except that we would attempt to use the existing storm sewer system although there are some drainage problems. 092099.DOC 2 Council Meeting Minutes September 20. 1999 SCHENCK: Why are the costs so much lower? And when would construction begin for the Fish Point Road project? MCDERMOTT: Explained that 28 foot street widths have a significant impact on cost, and a lot of the storm sewer is currently in place. Construction for Fish Point Road would be scheduled when school is not in session. ILKKA: Gave a brief history of the process for Linden Circle to this point, together with the proposed improvements which would include a minor storm sewer, street construction and concrete curb and gutter. Noted that the City is obligated to replace those driveways within the area to their original condition. Discussed proposed 22 foot street width, parking restrictions, cost estimates from the feasibility report, and policy issues before the Council including impervious surface calculations, zoning, street width. KEDROWSKI: Asked for clarification regarding relocation costs of the water main. BOYLES: Suggested directing the Special Assessment committee to further review the project cost issues prior to the Special Assessment Hearing. WUELLNER: Asked if there was any precedent that would allow the City to approve a 429 project at a 20 foot width. ILLKA: The City has never advocated a street that narrow, but there are national design standards that would allow the Council to accept such a policy. Also noted that fire code is specific that 20 foot is the allowable minimum standard, and parking at either a 20 foot or 22 foot width would likely be limited to one way. MADER: Asked if property acquisition would be required under both a 20 foot or a 22 foot street construction. And do the cost estimates based on 22 feet allow for property acquisition. ILKKA: The cost estimates allow for some property acquisition based on the 22 foot street width, though it was not specifically broken out. A 20 foot street width would not require property acquisition other than temporary construction right-of-way. WUELLNER: In discussing impervious surface calculations at the informational meetings, was there any estimation of the impact on the area properties? ILKKA: Only one property owner brought that issue as a point of concern. More consideration would be given as to the specific impacts and options when the feasibility study was complete. Mayor MADER opened the floor to public comment Dean SUTLlFFE (3162 Linden Circle): Concerned about the 30% impervious surface coverage area that would affect his property if the project was constructed as proposed. Also asked that since the residents had petitioned for a 20 foot road, why the City would require 22 feet, but that he now understood the 22 foot street was the City's standard and is a policy question for the Council. Also asked that the City absorb the engineering costs in the case of the Linden Circle project. Also 092099.DOC 3 Council Meeting Minutes September 20. 1999 concerned about the effects on his property's value and landscaping with a 22 foot wide street construction. Leroy HELMBRECHT (5750 Fulbright Circle): Asked why areas 1 and 2 were separated when it's all in the same area? Wants to know the specifications of the bituminous wear course. McDERMOTT: Clarified that the age of the road was a factor, as well as the fact that if the Council elected to delete one or the other of the projects it would be easier to do so. If both projects were approved, we would certainly recommend bidding them together. ILKKA: Noted that in his previous discussions with Mr. Helmbrecht he had indicated that the final design stages were not complete at this point and that penetration grade specifications were . discarded by MnDOT and replaced by a performance grade. The City's past two projects used a performance grade 5228 bituminous. Lloyd LUCHT (5968 Flandrau Circle S.E.): Supports the project. Suggested combining areas 1 and 2, and using a per unit charge in order to level off costs. Asked if the Council's previous action to not award to a low bidder could be duplicated on this project. ~: Clarified that in the referenced instance, the rejected bidder sought a temporary injunction to enjoin the City from proceeding with awarding the project. The Court did not issue the temporary injunction, and the City proceeded. The rejected bidder is now suing the City, but the extent of what they may recover is limited to bid preparation costs. (Oak Ridge Circle): Supported the project. Would like to see street lights added or projected for future improvements. Mike SCHERBER (15042 Fairlawn Shores Trail): Commented that 150th needs improvements and there are some safety issues with respect to traffic if Fairlawn Shores Trail is improved because of the neighborhood park. MADER: Commented that it is the City's intent to award all Areas included to one contractor, thereby gaining the maximum costs savings. Jodi LANGHORST (counsel for Marge and Calvin Ells, 3186 Linden Circle): Submitted pictures showing how the reconstruction impacts the property. Commented that there is some question as to whether the street is public or private. The issue would need to be resolved, as would the location of the City's right-of-way in connection with the current location of the roadway. Her client is concerned primarily with how close their property is to the roadway, the amount of trees and landscaping to be removed, and the overall decrease to the property value. Proposed shifting the roadway alignment away from the Ells property. PACE: Asked if the property owner is opposed to the project or the alignment. LANGHORST: Replied that the Ells are primarily concerned with the impact of the road alignment on their house, but have resigned themselves that the project probably will happen. Mark ANDERSON (15611 Fish Point Road): Commended staff on the proposed project. Asked if it would it be possible and/or appropriate to consider reducing the street width for Fish Point Road in 092099.DOC 4 -~~~ Council Meeting Minutes September 20. 1999 order to reduce costs, or that the residents not be responsible for the cost of the extra street width? Cheryl WILFOND (3220 Linden Circle): Indicated that they were advised when they bought their home that this was a public road privately maintained. Believed it was time the City take over the maintenance of the roadway on a permanent basis. Concerned that the road would be anything less than City standard. Bruce LONEY (5870 Shannon Circle): Noted that this is a major step in the project process. The Council is ordering the project improvements. Disagreed that Area 1 and Area 2 should be combined because the street conditions are totally different. Wants concrete curb and gutter. Sees the value of the project, but believes the Prior Hills area is premature as a reconstruction project, but in any case should be assessed differently. Pat DOWNING (15699 Fish Point Road): Asked if the Middle and High Schools are assessed at a proportional rate, and is the intention to extend Fish Point Road? McDERMOTT: Confirmed. DOWNING: Noted that there are safety issues with traffic from the Middle and High schools. Suggested having one entrance to the school. Also wanted to know why the residents on Fish Point Road must pay for the traffic wear and tear of the whole City. ILKKA: Clarified that the assessment policy only assesses the property owners 40% of the project cost. 60% is picked up by the City as a whole. Fish Point Road is a state aid roadway and has the potential for assistance. The assessment review committee will consider that issue along with street width as the project moves along. MADER: Regarding 3186 Linden Circle, the Council received photographs of the home, a concept design, and a 1985 staff report on a variance issued for the property. Also noted that the Assessment Review Committee will address the project assessment in connection with established City policy, and that fees discussed tonight could change both in the dollar amount and the methodology by which they are assessed. Entered the Roy Erspamer (15223 Oakridge Circle SE) letter supporting the project into the public record as well. MOTION BY WUELLNER, SECOND BY SCHENCK, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. BOYLES: Noted that a revised resolution had been submitted which includes the acceptance of the Feasibility Study. MOTION BY MADER, SECOND BY WUELLNER TO ADOPT RESOLUTION 99-95 AS PRESENTED IN CONTENT BUT EXCLUDING AREA 5, WITH AREA 5 TO BE ADDRESSED UNDER A SEPARATE ACTION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, Schenck, the motion carried. ~: Suggested as a procedural point to assume that the same resolution as submitted for the previous action is presented for Linden Circle discussion, obviously omitting Areas 1 through 4 previously acted on. 092099.00C 5 Council Meeting Minutes September 20. 1999 MOTION BY SCHENCK, SECOND BY PETERSEN, TO ADOPT RESOLUTION 99-96 WITH RESPECT TO PROCEEDING WITH THE PROJECT ON LINDEN CIRCLE AS PROPOSED. WUELLNER: Concerned that there are assessment and public safety issues as well as setback and impervious surface issues. Asked the Council for input on the 20 foot street width. KEDROWSKI: Because the 20 foot width has the least impact, and meets national design standards, he would support the project. Asked if there could be any additional relief to the Ells property from a design standpoint. WUELLNER: Could the City impose parking restrictions on a gravel road to ensure public safety? lLKKA: The issue has been discussed before, but yes, the City can regulate parking. Also added that a 20 foot street width would obviously have less impact on the Ells property. The City may also be willing to negotiate replacement of the landscaping. PETERSEN: Supports the 20 foot street width. Concerned that the Ells property has other issues that would need to be addressed. SCHENCK: In light of Mr. Sutliff's comments, would support the project at the 20 foot street width. Also noted that this action would allow the City to proceed with determining actual costs and design for the projects, and that this is not a final action. WUELLNER: Asked if the proposed cul-de-sac dimensions also meets design standards. l1KKA: The design specifications would allow us to determine if the cul-de-sac as proposed is feasible. If not, that issue would be pointed out to the Council at the point plans and specifications are brought for approval. SCHENCK: Asked for verification by staff that this is not a private road. ~: Clarified that the confusion may have arisen because the street was unpaved. If the street was dedicated on the plat as indicated by the Planner, it is a public road. l!..KKA: Advised that since this is a precedent setting action, it may be appropriate to specifically detail the direction from Council as to street width. Mayor MADER offered a friendly amendment to the motion to approve Resolution 99-96 to clarify that the design standards would include a 20 foot street width for the Linden Circle project. The amendment was accepted by Schenck and Petersen. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess, and then proceeded with Item 8C. 092099.DOC 6 Council Meeting Minutes September 20. 1999 OLD BUSINESS: Consider Approval of Change Order #1 to the Contract for 1999 Improvement Project 99-02. BOYLES: Gave a brief overview of the project and its funding in connection with the staff report. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE CHANGE ORDER #1 TO THE CONTRACT FOR 1999 IMPROVEMENT PROJECT 99-02. SCHENCK: Asked for clarification as to what happens to the pump after the bypass is completed. McDERMOTT: Advised that the City is not purchasing the pump. The $2500 is for the use and setup of the equipment. MADER: Asked, even with this change, if the City has still maintained a financial savings by separating this improvement from the other project. McDERMOTT: Confirmed. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-97 Approving the Final Plat and Development Contract for Knob Hill 4th Addition. BOYLES: Gave a brief overview of the item in connection with the staff report. Also briefly noted the changes between the original Developer's Agreement submitted and the revised agreement. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-97 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR KNOB HILL 4TH ADDITION. MADER: Noted a difference between the calculation of fees between the original and revised Development Agreement and asked for clarification. KANSIER: Clarified that net acreage was used to calculate the fees. Net acreage excludes right-of- way, wetlands, nurp ponds, etc. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The public hearing (Item 7 A) became the next item on the agenda beginning at 7:45p.m. Consider Approval of Resolution 99-98 Approving the Final Plat and Developer's Agreement for Fountain Hills Addition. BOYLES: Provided a brief overview of the 41-acre subdivision in connection with the staff report. 092099.DOC 7 Council Meeting Minutes September 20. 1999 MOTION BY KEDROWSKI, SECOND BY PETERSEN, TO APPROVE RESOLUTION 99-98 APPROVING THE FINAL PLAT AND DEVELOPER'S AGREEMENT FOR FOUNTAIN HILLS ADDITION. MADER: Asked if the three lots and outlot proposed are similar to the property identified as six lots in the preliminary plat. KANSIER: Clarified that the plat as proposed includes three lots and a 23-acre outlot totaling 41 acres. Other than some shifting of lot lines, the preliminary plat and final plat are very similar. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Resolution 99-99 Authorizing Negotiated Sale of $1,025,000 in General Obligation Improvement Bonds of 1999. BOYLES: Reviewed the action requested and introduced Steve Mattson of Juran Moody. MATTSON: Distributed a cash flow analysis and discussed the difference between a negotiated sale versus and outright sale of general obligation improvement bonds. Suggested a sale within the next couple of weeks and described how the specific process would work. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 99-99 AUTHORIZING NEGOTIATED SALE OF $1,025,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-100 Approving an Amendment to the Wilds PUD Creating a Standard 10' Sideyard Setback for Single Family Dwellings. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-100 APPROVING AN AMENDMENT TO THE WILDS PUD CREATING A STANDARD 10' SIDEYARD SETBACK FOR SINGLE FAMILY DWELLINGS. BOYLES: Briefly reviewed the item before the Council in connection with the staff report, and the recommendation by staff. MADER: Asked when notification went to the property owners within the PUD, and whether this was adequate notice. Also asked if there were any responses? KANSIER: Clarified that the notice was sent on September 10th, and even though this is not a public hearing, we allowed the same amount of time as if it were. Commented that there were several very general questions from people, but no specific concerns with the recommendation. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 092099.DOC 8 Council Meeting Minutes September 20. 1999 Consider Approval of Resolution 99-101 Approving the Purchase of One Generator Set. BOYLES: Reviewed the request recommended by staff for the purchase of an additional generator set in connection with the staff report. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-101 APPROVING THE PURCHASE OF ONE GENERATOR SET NOT TO EXCEED $17,500. MADER: Commended staff on approaching the issue in a cost-effective manner and searching out previously used equipment. WUELLNER: Presumed that this type of equipment is not easily acquired especially at this time with the approach of Y2K, and asked why this generator was such a good deal? Also questioned why a portable generator set is used only for the Wilds booster station? HARTMAN: Confirmed that it is a good deal, and that the equipment goes quickly. The City is lucky to find it. The unit is still subject to inspection and a 30-day warranty. The current generator is set at the Wilds booster station, but if there is a power outage we could still use that generator temporarily to restock our water supply. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ANNOUNCEMENTS AND OTHER BUSINESS: BOYLES: Noted Thursday, October 14, 1999 is the date selected for the Grand Opening for the Library/Resource Center. made, seconded and accepted. The meeting adjourn d t 9:32 pm. City Man 092099.DOC 9 -------------;-;- ..