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HomeMy WebLinkAboutAgenda & Minutes EDA MEETING 5:30 - 7:00 p.m. 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: October 18, 1999 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF OCTOBER 4, 1999 MEETING MINUTES: 4. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as parl 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 Treasurer's Report C) Consider Approval of Building Permit Report. D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Monthly and 3rd Quarter Fire Call Reports. F) Consider Approval of 1999 3rd Quarter Investment Report. G) Consider Approval of 1999 3rd Quarter Budget Report and Overview. 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: A) Kids Voting Minnesota (Dave Panetti, Hidden Oaks Middle School) 7. PUBLIC HEARINGS: 10<6' '-J A) Public Hearing to Consider Approva~ of Resolution 99~Denying an Administrative Subdivision and Variances for Mary Rixmann and John Bossardt on Property Located at 15311 and 15329 Breezy Point Road. B) Public Hearing to Consider Approval of Resolution 99-~Upholding the Decision of the Planning Commission to Deny a Variance to Locate an Accessory Garage Building Between the Front Building Wall and the Front Lot Line Instead of the Required Side Yard and Rear Yard. 8. OLD BUSINESS: IOc.t- ""'-\ A) Consider Approval of Resolution 99)s(Endorsing the Kids Voting Minnesota program. "" B) Consider Approval of Resolution 99-~uthorizing Issuance of $1,025,000 in General Obligation Improvement Bonds of 1999. 1\0 "C) Consider Approval of Resolution 99-~escheduling~1 Assessment Hearing for City Project 99-11 Candy Cove/Lakeside Manor Improveme~ III 41/ i 2- D) Consider Approval of (1) Change Order #2 to the Contract for Reconstruction of Well House #3 and (2) Final Payment to Encomm Midwest (City Project 97-03). 162Q.Q~gle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A'.; EQUAL OPPORTUNITY EMPLOYER "J I&0 . ~ --1/3 E) Consider Approval of Transfer of Cable Television Franchise Agreement and Franchise Ordinance from Triax Cablevision to Mediacom LLC. 9. NEW BUSINESS: 111 ~ A) Consider Approval of Resolution 99-~ Authorizing Participation in the NSP Energy Financing Program and Authorizing the Mayor and City Manager to Execute Lease ,,_ Agreement and Contract. ... I '" 'J B) Consider Approval of Ordinance 99-~pproving a Zone Change to the R-1 District on Property Located in Section 34, Township 114, Range 22. C) Consider Approval of Resolution 99-~:;uthoriZing Safe and Sober Communities Grant Funding for the period of 10/1/99 th',\9h 9/30/00. OTHER BUSINESS: I ( S 10. 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT '-.J ~ ~/ D\4 - 10 ~-o ~ it:-IDu - I'> ~-'O __ ~~, \.J03Jl..~l-/op /)/Sl.U SS/ON AVltX _ '" b'~<'''' 5,~f"f [0 ,...... r -' ... u.oc.PlI<),J If' AtJY · KE......~,.)V." ,hH> 11" ,.. I I ('1 (- tD ,0 Al)OPT f,p, lUlIS'I 1'\<1 1JlA~H,e or f~rvCI..H$E. f.\~REfMtl"T. <(I' fl... "10 t.,Y'flW€" ~C> - A) Al'\c t'J1) 0-0 ~~ ~ A'J;lOPI/N0 Cftb16 TEL-tVIS,u,v R~vLA1(J{ly OR/NANU APfl..c:Nt:. dbl!'J"~ - ", )L\ pl-l1)usH SlAr'If'-'\"'--'1 oRb/"'A\JLE -- . f2f=... i.JJcAL {1oV€i.t-J I'\fNT SIA/>sUJf>(;!.- IOI899.DOC REGULAR COUNCIL MEETING MINUTES Date: October 4, 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, Acting Public Works Director I City Engineer McDermott, Planning Director Rye, Planning Coordinator Kansier and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF SEPTEMBER 20. 1999 MEETING MINUTES: MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE MINUTES OF THE SEPTEMBER 20, 1999 MEETING. 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 Resolution 99-102 Approving City of Prior Lake Pay Equity Implementation Report. C) Consider Approval of Resolution 99-103 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. MOTION BY WUELLNER, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS A THROUGH D. BOYLES: Briefly reviewed the items in the consent agenda. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: None. PRESENTATIONS: Mayor Mader Presents a Plaque to Former Assistant City Manager Bret Woodson. BOYLES: Noted Bret's many contributions to the community through his employment with the City as well as coaching varsity hockey. Further advised that while Bret will be missed in Prior Lake, we are pleased and proud of his achievements, and wish him well in his new position. 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .1 r Council Meeting Minutes October 4. 1999 Mayor MADER presented Bret WOODSON with a plaque. WOODSON: Thanked the City Council, City Manager Boyles and City staff for the opportunities afforded him at the City. Advised that he has enjoyed his employment with Prior Lake and believes great things will continue to happen for this community. Mayor Mader Reads a Proclamation Confirming the Centennial Celebration of the VFW Nationally. MADER: Gave special note of commemoration to the VFW organization, American veterans and their families for their years of dedicated service, and recognizing the 100th anniversary of the. VFW nationally. Florian BLOOMBERG, Commander of Post #6208 and Carol DREISEN, President of the VFW Auxiliary were present on behalf of the VFW to receive the proclamation. Because the public hearing was scheduled for 7:45pm and that time had not been reached, Item 8A became the next item on the agenda. PUBLIC HEARINGS: Public Hearing Conducting the Assessment Hearing for 1999 Improvement Project 99-11 Candy Cove / Lakeside Manor Improvements and Consider Approval of Resolution 99-XX Adopting the Assessment Roll for the Project. MADER: Noted the procedure for the item, and declared the public hearing open. BOYLES: Gave a brief background of the item, together with the appeal process for the affected property owners. Noted the options available to the City Council at the conclusion of the public hearing. McDERMOTT: Provided additional details of the proposed improvements, and the costs to be assessed in connection with the staff report. Further indicated that the project is proposed to be assessed on a per unit basis in the amount of $3,357.27. Also noted the issues discussed by the Assessment Committee. MADER: Asked the rationale for taking $109,000 from the Trunk Reserve Fund. McDERMOTT: Answered that certain corrections were required to the watermain and sanitary sewer that are over and above the street reconstruction. The cost for those improvements ($109,000) are not being included in the assessment. SCHENCK: Asked what the procedure is for applying for deferral of assessments. McDERMOTT: Application for deferral is not required at this time, but must be received prior to the assessment roll being sent to the County, or within 30 days of the assessment rolls being adopted by the Council. BOYLES: Clarified that payment of the assessment and interest can be deferred, but that interest continues to accrue on the outstanding principal. 100499.DOC 2 Council Meeting Minutes October 4. 1999 BRIAN NASI (5384 Manor Road SE, on behalf of the Lakeside Manor Association): Thanked staff for their continued communications throughout the project design. Concerned with the assessment to the Association park area of four units. Believes that the park land should be assessed as one unit because the land is essentially undevelopable. The County does not assess a value to the park land area, except as captured in the value of the homes in the Association. It is difficult for the Association to assess in response to the City's special assessment. He further asked that the portion of the project costs attributable to the park be spread across all properties in the project area, not just Lakeside Manor. WUELLNER: Asked how many homes are in the Association and how many are members? NASI: Basically 51 of 51 homes, or 100%. There was discussion among the Council, Mr. NASI and staff regarding unit basis relative to this specific property. MOTION BY SCHENCK, SECOND BY PETERSEN, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. WUELLNER: If reasonably practical to the City, supports spreading the additional assessment over the 51 Association members. Would not support spreading the costs over the entire project area. MADER: Asked if it is mandatory that property owners belong to the Association. NASI: Confirmed that homeowners within the Association area are required through their deed to belong to the Association, and pay dues and assessments. MADER: Asked counsel if an assessment selectively imposed on the 51 members of the Association is an action that the City can support in a Court action? PACE: Confirmed that given the Association members/homeowners own an undivided interest in the park property, [off tape, the Association Treasurer confirmedj it would be an assessment that could be absorbed by the property owners rather than the Association. KEDROWSKI: Supported the amendment proposed. MOTION BY MADER, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-XX ADOPTING THE ASSESSMENT ROLL FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS AS PROPOSED, EXCEPT THAT THE 4 UNITS FOR THE LAKESIDE MANOR PARK LAND PROPERTY BE AMORTIZED OVER THE 51 PROPERTIES WITHIN THE LAKESIDE MANOR ASSOCIATION. After additional discussion regarding the specific allocations with reference to dividing the four unit assessments over the Lakeside Manor properties, Mayor Mader rescinded his motion and Councilmember Petersen rescinded his second. MOTION BY MADER, SECOND BY WUELLNER TO REFER THE ISSUE OF THE LAKESIDE MANOR PARK PROPERTY BACK TO THE ASSESSMENT COMMITTEE TO DETERMINE THE 100499.DOC 3 Council Meeting Minutes October 4. 1999 APPROPRIATE ALLOCATION OF THE ASSESSMENT FOR THE 4 UNITS OF PARK PROPERTY OVER THE LAKESIDE MANOR ASSOCIATION MEMBERS. WUELLNER: Asked procedurally what action would be next? McDERMOTT: Noted that the Assessment Committee would bring a recommendation back to the Council at the next meeting. The public hearing would not be conducted again since we already opened and closed the hearing tonight. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, Schenck, the motion carried. Public Hearing to Conduct the Assessment Hearing for 1999 Improvement Project 99-13 North Shore Oaks First Addition Sanitary Sewer and Water Service Improvements and Consider Approval of Resolution 99-104 Adopting the Assessment Roll for the Project. Mader: Declared the public hearing open. BOYLES: Briefly provided a history of the project together with an overview of the action options for the Council. Also noted the appeal process for the affected property owners, and indicated the action options available to the City Council at the conclusion of the public hearing. McDERMOTT: Provided additional details of the proposed improvements, and the costs to be assessed in connection with the staff report. Further noted that the project is based on a unit basis and includes a trunk acreage charge. The Mayor noted that no persons were present to address the Council. MOTION BY WUELLNER, SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-104 ADOPTING THE ASSESSMENT ROLL FOR PROJECT 99-13 NORTH SHORE OAKS FIRST ADDITION SANITARY SEWER AND WATER SERVICE IMPROVEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess. Item 8B was the next item on the agenda. OLD BUSINESS: Consider Approval of Ordinance 99-13 Amending City Code Section 705.1200 Pertaining to Individual Septic Treatment Systems in the City of Prior Lake. BOYLES: Briefly noted the proposed amendment to the ordinance, and introduced AI Frechette of Scott County who would be available to answer questions. KEDROWSKI: Asked if the County maintains records of those septic systems within the City of Prior Lake to be pumped, and if on-site inspections are ever done. Also asked about point of sale and enforcement issues relating to variance requests in the Townships and the County policy of no 100499.DOC 4 Council Meeting Minutes October 4 1999 second site requirements. Concerned that turning the regulations over to the County would eliminate the City's ability to impose policies for compliance. FRECHETTE: Gave a brief overview of how the program works. Noted that the County records will be updated from the City and that notices will then be sent to all homeowners. On-site inspections are only done in the event of new construction, or a complaint or failure of a system, not typically for maintenance. Clarified the difference between compliance, which is a state-defined term, and maintenance, which means that the septic tank is pumped on a regular basis. The County does not require compliance inspections on a routine basis. Time of sale inspections are not done on the advice of counsel because of the timing of when the County would be advised of the sale, and doing compliance checks after the sale. With respect to enforcement issues of the ordinance, all lots in the Township were essentially grandfathered in when the County ordinance was adopted, some of which are too small for a second site. Rather than making the lots unbuildable, the County's policy became if the parcel could accommodate one site, it would comply with the current Code. Also noted that under the building permit process, lots are re-evaluated to determine, with the advent and upgrade of systems, if a second site is available. The County is not going to let failing systems continue to contaminate groundwater or discharge to the surface, but County staff will work cooperatively with the property owners to find a solution. SCHENCK: Concerned that maintenance standards are not being required and adequately enforced, and asked approximately how many septic systems are within City limits. FRECHETTE: The County's procedures are currently to remind and educate. The County has adopted a state mandate by reference which states that owners of septic systems are responsible for properly maintaining them. The policy does not necessarily require pumping every three years. Noted there are 180 septic systems within the City. MADER: Asked for clarification of the staff report with respect to staffing time and resources in conducting a maintenance program. BOB HUTCHINS: Clarified that in order to implement a maintenance system of this level would require additional staff time, and that the County currently has the staff in place. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-13 AMENDING CITY CODE SECTION 705.1200 PERTAINING TO INDIVIDUAL SEPTIC TREATMENT SYSTEMS IN THE CITY OF PRIOR LAKE. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Item 7 A became the next item on the agenda. Consider Approval of Resolution 99-105 Authorizing the Mayor and City Manager to Execute a Purchase Agreement for the Sale of Lot 2, Block 3, Brooksville Center 1st Addition. BOYLES: Gave a brief overview of the item in connection with the staff report, noting that the property is 1.7 acres zoned R-4, and that the City Attorney's office has prepared a Purchase Agreement, which had been executed by the proposed buyer. 100499.DOC 5 Council Meeting Minutes October 4. 1999 MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-105 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT FOR THE SALE OF LOT 2, BLOCK 3, BROOKSVILLE CENTER 1 ST ADDITION. KEDROWSKI: Suggested discussing the use of the proceeds after acting on the motion. MADER: Asked if the property would need to be rezoned. RYf: The prospective buyer would need to comply with the R-4 zoning. An apartment building would need a conditional use permit. BOYLES: Also noted that no realtors are involved or are receiving any compensation from this transaction. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. KEDROWSKI: Suggested setting up a revolving fund for land acquisition for the proceeds of the sale, possibly for Downtown redevelopment with consensus of the group. MADER: Noted that although the Council has discussed the possibility of using the funds for Downtown redevelopment, it did not direct that the proceeds be used for that purpose as indicated in the staff report. Does not support ear-marking the funds for Downtown redevelopment at this point, given that the Downtown redevelopment plan is not yet complete. Also noted that once money is ear-marked, it typically gets used in that manner without much additional justification, much like the Equipment Matrix, where once money is designated, it becomes very easy to justify acquisition because the funds are ear-marked. KEDROWSKI: Replied that his suggestion was not to spend the money, but that the Downtown redevelopment itself is a well-defined need. Setting up some type of revolving fund would be more practical than putting the money in the General Fund without designation where it is much more difficult to move. SCHENCK: Supports using the money for Downtown redevelopment. KEDROWSKI: Suggested an alternative would be to put the money into the General Fund until December until after review of the Downtown redevelopment plan. WUELLNER: Concerned that the money be marked for something, rather than allowing it to disappear into the General Fund and being called a tax surplus a year from now. Would support a compromise where the money be placed into the General Fund until review of the Downtown Redevelopment Plan is complete in December, and there is some direction for the funds. It is obvious that the City needs to make an investment in the community if we want to see the Downtown or Priordale Mall area redeveloped. MADER: Clarified that surplus is the result of revenue, and this would not be revenue, which exceeds our budgeted revenues or costs which are less than our budgeted costs. This has nothing to do with surplus. 100499.00C 6 Council Meeting Minutes October 4. 1999 MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO DIRECT THE PROCEEDS FROM THE SALE INTO THE GENERAL FUND UNTIL DECEMBER AT WHICH TIME THE ISSUE WILL BE READDRESSED IN CONNECTION WITH THE DOWNTOWN REDEVELOPMENT PLAN. VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried. NEW BUSINESS: Consider Approval of Resolution 99-106 Accepting Bids and Awarding the Contract for Brooksville Hills 6th Addition Drainage Improvement City Project 99-15. BOYLES: Reviewed the action requested and bidding process for the project. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 99-106 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR BROOKSVILLE HILLS 6TH ADDITION DRAINAGE IMPROVEMENT CITY PROJECT 99-15. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-107 Approving the Preliminary Plat for Farrell's 1st Addition. Boyles: Discussed the staff and planning commission recommendations in connection with the staff report. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-107 APPROVING THE PRELIMINARY PLAT FOR FARRELL'S 1ST ADDITION. Mader: Noted that under the tree preservation policy, the property owner will be required to complete two surveys in order to replace four 2-inch trees, and this is a City policy, as he has indicated in the past, that he believes needs additional refinement so as not be excessively trying to residents. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Report Outlining Steps to be Taken to Address Issues Raised by the Residential Survey. BOYLES: Reviewed the issues from the Community Survey and recommendations by staff and asked for Council input. The Councilmembers provided input in each of the areas of concern, including communication, inclusion in government, improvements in the development/building process, animal control, staff attitude and skills, and regulations. BOYLES: Acknowledged the input by Councilmembers, and advised that he is looking for approval in concept and that he does not have more specific proposals at this point. Specific proposals would be brought back to the Council for individual approval. 100499.DOC 7 Council Meeting Minutes October 4. 1999 MADER: Commented that the discussions tonight unanimously support the City Manager's initiative in reacting to the Community Survey, and that no formal action is necessary at this point. ANNOUNCEMENTS AND OTHER BUSINESS: Report from Mayor Mader Regarding Minnesota Valley Transit Authority. MADER: Discussed his participation in the Minnesota Valley Transit Authority and its relationship to the City of Prior Lake, including the costs to Prior Lake residents, those residents actually benefiting from MVTA use, state legislation which includes the City in the metro transit taxing district and mandates a transit tax, the original options of the City approximately 10 years ago, and the City's current status. The issue becomes whether the state legislation fair to our citizens when 11 % of Prior Lake property tax dollars are used to subsidize a service that 98% of them generally don't use when cities such as Lakeville who receive more benefit are excluded from the transit taxing district. The City's options are to lobby legislators to remove Prior Lake from the transit taxing district, remain a member of the MVTA, or develop an independent transit service. Further discussed the benefits and detriments to each option. KEDROWSKI: Supported the Mayor's proposals in concept. Noted that in serving 5-6 years on the MVTA Board, many accomplishments were made, including reallocation of Prior Lake taxing dollars and services provided. Agreed that opting out of the metro taxing district would be a great savings, but the chances are zero. Suggested a workshop discussion that would include an MVTA representative. MADER: Disagreed that a workshop discussion would make any headway when no action has been taken in the past 10 years. Noted he has repeatedly asked the MVT A for recommendations that would directly benefit Prior Lake residents and had no success. KEDROWSKI: Does not dispute many of the Mayor's points. The suggestion for a workshop discussion is merely to further investigate more specific actions. WUELLNER and SCHENCK: Support the Mayor's recommendations and agree that a workshop discussion would also be helpful. MOTION BY MADER, SECOND BY SCHENCK TO DIRECT STAFF AND THE MAYOR TO INITIATE AN ACTION TO REMOVE PRIOR LAKE FROM THE METRO TAXING DISTRICT, TO RESEARCH POTENTIAL STAND-ALONE SERVICE, AND TO DIRECT STAFF TO SET A WORKSHOP WITH AN MVTA REPRESENTATIVE. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Executive Session to Discuss Pending Litigation. MADER: Advised that the Council would be retiring to Executive Session to discuss the Vierling litigation as well as the Sportsmen's Club's appeal. The Council retired to Executive Session. The regular meeting resumed at 10:38pm. 100499.DOC 8 Council Meeting Minutes October 4. 1999 MADER: Advised that no formal action was required by the Council with respect to the items discussed in Executive Session. ade, seconded and accepted. The meeting adjourned t 10:40pm. City M 100499.DOC 9 ....if"