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EDA MEETING 5:30 - 6:30 p.m.
6:30 PM
RECEPTION FOR RETIRING
CITY COUNCIL, STAFF AND
BOARD AND COMMISSION .MEMBERS
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
7:30 PM
Date: December 20, 1999
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF DECEMBER 6, 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.
B) Consider Approval of Treasurer's Report
C) Consider Approval of Monthly Building Permit Report for November.
D) Consider Approval of Animal Warden Monthly Reports for October and November.
E) Consider Approval of Fire Call Report for November.
F) Consider Approval of 2000 Cigarette License Renewals
G) Consider Approval of 2000 Massage Therapy License Renewals
H) Consider Approval of Resolution 99~ Continuing City Participation in the Livable
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5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A) Presentation of Plaques Acknowledging Service to the City of Prior Lake for Retiring
Board and Commission members, Councilmember Tom Kedrowski, Council member
Dave Wuellner, and Police Officer Dennis Leff.
7. PUBLIC HEARINGS: /31
A) Continuation of the Public Hearing to Consider Approval of Resolution 99~
Approving the Vacation of a Portion of Red Oaks Road.
16g~~&Rgle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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\Y"~ B) Consider Approval of Resolution 99-XX Vacating a Portion of the Dra~inage. and Utility
Easement located on Lots 1 and 2. Block 1, Enivid First Addition. l,S ,
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8. OLD BUSINESS:
AZ Consider Approval of Resolution 99-XX Adopting Findings of Fact Denying the
Comprehensive Plan Amendment for Northview Development.
~ Consider Approval of Resolution 99-XX Adopting 2000 Prior lake Budgets and
Certifying Final 2000 City of Prior Lake Property Tax Levy to Scott County Department
of Taxation.
~ Consider Approval of Resolution 99-XX Directing Use of Proceeds from Sale of Real
Estate (Legafly Oescribed as Lot 2, B/ock 3, Brooksville Center 1 st Addition except the
westerly 80 feet thereof, Scott County, MN) purchased by Northview Development
Company.
ADJOURN TO EXECUTIVE SESSION TO CONDUCT CITY MANAGER PERFORMANCE
EVALUATION.
NEW BUSINESS:
"'-A) Consider Approval of Resolution 99-XX Making a Negative Declaration for an EIS for
"-~ the Deerfield Development. .
. ~ Consider Approval of Resolution 99-XX Authorizing BRA & Associates, Inc. to Provide
Construction Observation Services for Developer Installed Improvements at the Wild
Oaks Subdivision.
~ Consider Approval of Short-Term Lease Agreement with Scott-Rice Telephone of the
Old Library Building Located at the Northwest Corner of the Intersection of Main
Avenue and CSAH 21 in Downtown Prior Lake.
D) Consider Approval of Resolution 99-XX Denying a Request to Extend the Protection of
Final Plats from a Change in Zoning Ordinance Requirement Established by
Minnesota Statutes 462.358, subd. 3c.
E) Consider Approval of 1999 City Manager Performance Eval~ation fnd Salary Review.
11. OTHER BUSINESS:
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
1:;:;099, DOC
REGULAR COUNCIL MEETING MINUTES
December 6, 1999
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Kedrowski, Petersen, Wuellner, and Schenck, City
Manager Boyles, City Attorney Pace, Planning Director Rye, Planner Tovar, Acting City Engineer
McDermott, Park & Rec. Director Hokeness, Police Chief O'Rourke, Fire Chief Sames, and Recording
Secretary Meyer.
APPROVAL OF AGENDA:
BOYLES: Proposed to delete Item 10A (Executive Session - Hentges Litigation).
MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
APPROVAL OF MINUTES FROM NOVEMBER 15.1999 REGULAR MEETING.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE NOVEMBER 15,1999 REGULAR
MEETING MINUTES AS SUBMITTED.
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 Sale of Excess City Vehicle.
(C) Consider Approval of Resolution 99-128 Authorizing Full and Final Payment to Jedlicki & Sons
for Brooksville Hills 6th Storm Water Improvements.
(D) Consider Approval of Resolution 99-129 Authorizing Full and Final Payment to Sunram
Construction Inc. for Construction of Fish Point Park Channel Stabilization Improvement (City
Project 98-12).
(E) Consider Approval of Resolution 99-130 Authorizing Special Assessment Deferral for City
Project 99-11 Candy Cove Street Reconstruction.
BOYLES: Briefly reviewed the consent agenda items.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS
(A) THROUGH (E) AS PROPOSED.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Regular City Council Meeting Minutes
December 6, 1999
PRESENTATIONS:
Presentation of $15,000 to Prior Lake Volunteer Fire Department by the Mdewakanton Sioux
Community for Dress Uniforms - (Tribal Vice Chair Glenn Crooks and Tribal Administrator Bill
Rudnicki)
Tribal Vice Chair Glenn CROOKS presented Fire Chief Bruce SAMES with a check for $15,000 from the
Mdewakanton Sioux Community to be used for dress uniforms for the Fire Department.
BOYLES: Made a special note that the Mdewakanton Sioux community's contribution is especially
appreciated because the Fire Department had hoped to purchase dress uniforms but the funds were
not available in the 2000 budget.
PUBLIC HEARINGS:
Consider Approval of the Vacation of a Portion of Red Oaks Road.
Mayor MADER declared the public hearing open.
TOVAR: Gave a summary of the vacation request as well as the Planning Commission
recommendation, and advised the Council that action must be deferred to the December 20th meeting
because the DNR is objecting to the notification process as required by state statute.
KEDROWSKI: Clarified that the DNR did not receive certified notice of the public hearing regarding the
vacation request in accordance with state statute, so the meeting must be continued to December 20th
to allow the 30-day certified notification.
TOVAR: Advised that the DNR is waiting for input from the Attorney General's office and is not willing to
waive the vacation request.
KEDROWSKI: Asked if by continuing the hearing, the Council is meeting the intent of the notification
statute.
~: Answered that since the DNR has no objection to the process, it is appropriate to proceed in this
direction.
Bryce HUEMOELLER (counsel for Charlotte Roehr): Advised that Ms. Roehr's building permit for 15322
Red Oaks Road will be unfairly upheld with any delay which will cost Ms. Roehr additional
inconvenience as well as money. Asked that if the Council delays action on the vacation, City staff be
directed to issue the building and other appropriate permits in this case so that Ms. Roehr can start
construction immediately. Noted that issuance of the final occupancy certificate can be conditioned
upon the completion of the vacation or, in the event the vacation cannot be completed, enter into a
private use of public property agreement. Such action would mitigate the impacts on Ms. Roehr.
Believes that the benefits to the public of the vacation far outweigh the DNR's possible objection based
upon decrease in the amount of public lakeshore.
MOTION BY WUELLNER, SECOND BY KEDROWSKI, TO CONTINUE THE PUBLIC HEARING TO
DECEMBER 20, 1999.
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Regular City Council Meeting Minutes
December 6,1999
Mayor MADER offered a friendly amendment that the motion be amended to add that the public hearing
was to be continued in order to comply with public notice statutes. Council members WUELLNER and
KEDROWSKI accepted the friendly amendment.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
KEDROWSKI: Asked if Mr. Huemoeller's request was a Council issue, or an administrative function.
BOYLES: Advised that this is an administrative matter, and staff is concerned that once the permit is
issued, it cannot be withdrawn. Suggested getting the DNR approval by the next Council meeting, and
then immediately issuing the permits if in order.
WUELL~ER: Asked what the worst possible case would be if the staff issued the permit now. In either
case, either public improvement of the road or vacation, the proper access to the property gets there.
McDERMOTT: The cost will be a factor, and there is a DNR permit that is required either way for Ms.
Roehr to fill and build her driveway or the road, and that permit has not been approved.
RYE: The road would have to be located in either instance. One of the difficulties is that the setback
variance for the structure conditioned issuance of the building permit upon approval of a plan for the
driveway. If the DNR doesn't issue the approval to fill below 904', it will be difficult to approve the plan,
whether it's public or private.
BOYLES: Advised that it is realistic, or at least possible that the DNR may not approve the vacation.
Staff provided notification in excess of 30 days and the DNR chose to object on a procedural issue,
which mayor may not be an indication of their intent to withhold approval.
MADER: Understands that the DNR will not approve the vacation because it eliminates a public access
to the lake, and that the DNR position is advisory rather than statutory.
fACI;: There are two issues - issuing comment and issuing the permit. Inherent in the DNR's comment
is that they would not then approve the permit. If they don't approve the permit, the City cannot issue
the building permit. It becomes very circular. Reminded the Council that this was not a buildable lot
without the variances, or it only allowed a very small building. This process, although protracted, was to
accommodate Ms. Roehr.
MADER: Concerned that if a building permit is issued, the City becomes accountable for the completion
of the project. It seems that the City Manager's recommendation is the most prudent.
SCHENCK: Asked what happens if the Council takes no action on the permit.
RYE.: If the right-of-way is not vacated, then the action goes back to a private use of public property
agreement which was previously rejected by the applicant.
HUEMOELLER: Added that the plan for improvements proposed for the road are the same as previously
approved by the Engineering staff in either circumstance. The DNR permit has been applied for and
Pat Lynch has voiced no objections. There are two separate issues: (1) the permit for the improvement
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Regular City Council Meeting Minutes
December 6,1999
of the road; and (2) the vacation issue. The point is that whether this is a private improvement of a
public road, or an improvement of a vacated road, the plan is essentially the same. Asked the Council
to consider action which would alleviate a significant hardship for the applicant. Because of the unusual
circumstances of this case, there is little precedent set by the requested action that would put the City
at risk.
MADER: Empathized with the applicant's situation, but noted that it is unreasonable to ask the Council
to consider an application that has not been applied for through the proper channels. Agreed that this
is an administrative decision.
SCHENCK: Asked staff if the DNR objects to the vacation, could they also reject the private
improvement of the public road? Is there a separate DNR approval process if the parties agree to a
private use of public property agreement.
RYE: It is not unreasonable to assume that the DNR would object to the improvement because the
DNR permit process is not simply divisional waters sign-off. The permits must be approved by other
divisions. Potentially, the trails and waterways division could object to that particular permit as a result
of the any vacation to which they also objected. Then question then becomes how the DNR balances
that objection in granting or not granting that permit. There would be no additional approval process if
the parties could agree on a private use of public road agreement.
Mayor MADER clarified that upon no further motion, the administration of the building permit would be
left to the discretion of staff.
Consider Approval of Resolution 99-132 Denying the Vacation of a Portion of Eagle Creek
Avenue.
Mayor MADER declared the public hearing open.
TOVAR: Gave a brief overview of the request in connection with the staff report, and advised the
Council of Planning Commission recommendation.
MADER: Clarified that this is a public right-of-way, and asked if there is some indication that there is a
record of the turnback prior to 1984? Supported the resolution with the direction that staff explore
vacating the additional right-of-way, rather than pursue which may be misleading.
TOVAR: Noted that the City Engineer at that time indicates that the road was turned back to the City
together with several others in 1984. Staff has not located any City Council resolution accepting such a
turnback. Currently, she is following up with the County in order to locate the information.
SCHENCK: Is this a request for an attached or detached garage. Asked what the process to bring the
other affected properties into compliance.
TOVAR: There is no plan at this time from Mr. Anderson. The vacation would either eliminate or reduce
the encroachment for the remaining affected properties. The issue with Mr. Anderson's neighbors is
the costs associated with surveying. So, Mr. Anderson has applied separate from his neighbors. There
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Regular City Council Meeting Minutes
December 6,1999
have been no objections through the public hearing process by the neighbors. This process initiates
the vacation through which notices will be required to all the affected property owners.
KEDROWSKI: The assumption is that if the Council initiates the action, the City will incur the costs of the
survey.
RYE: That is correct, but it wasn't the staff's intent to go out and start surveying.
MADER: Stated that his understanding was that this action would direct staff to determine if the
vacation is possible, to what extent and at what cost.
PACE: Asked if there are utility easements affected, and if the encroachments on the other properties
are encroaching the utilities as well.
TOVAR: Explained that the utilities are located within the right-of-way, including the City water service,
and that Mr. Anderson and, if necessary, the additional property owners may need to convey additional
easement area for maintenance access.
.c.HRI.S ANDERSON (applicant): Noted that he has spent a lot of time and money in applying for the
applications, and hopes that his initiative would have some bearing on his being able to start his project
as soon as possible.
MOTION BY WUELLNER, SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
PETERSEN: Asked if it is possible to turn over Mr. Anderson's parcel more quickly than completing the
string of eight properties.
MADER: The Council could probably act upon Mr. Anderson's application more quickly than all of the
properties collectively, but there is a larger issue as to the process, the overall impact to the street, and
the costs to the City.
MOTION BY PETERSEN, SECOND BY WUELLNER, TO APPROVE RESOLUTION 99-132 DENYING
THE VACATION OF 26.50 FEET OF EAGLE CREEK AVENUE LOCATED ADJACENT TO 16020
EAGLE CREEK AVENUE.
A friendly amendment was offered by Mayor MADER to change the language in the fifth "whereas"
from pursue to explore. The friendly amendment was accepted by Councilmembers PETERSEN and
WUELLNER.
KEDROWSKI: Commented that he would not be supporting the motion. This applicant has met the
requirements of the process. There is no practical public purpose served by denying the application.
The property we are discussing is not in any manner an essential piece of public right-of-way.
BOYLES: Advised that counsel has suggested that Mr. Anderson could enter into a public use of private
property agreement, which would allow him to build the garage, and in the meantime staff would
explore vacating the remaining properties.
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Regular City Council Meeting Minutes
December 6, 1999
WUELLNER: Noted that by using a private use of public property agreement, the applicant would not be
able to use the vacated portion as part of his impervious surface calculation, and there is a question of
to whom the property would revert.
TOVAR: Suggested that the Council could also continue consideration of the application until February
11, 2000, which would allow staff to acquire the remaining information, and not hold up Mr. Anderson's
request indefinitely.
MADER: Concerned with the implication that the City has to give up public property for a private
purpose simply because someone wants it. An effort to address the problem on the whole street is
appropriate.
WUELLNER: Asked if a joint application from the neighbors would speed up the process.
RYE: A majority of the property owners could submit an application and it certainly would speed up the
process, but the larger issue is the legal description. For the neighbors to develop a legal description,
would incur survey costs.
KEDROWSKI: Clarified that staff is not comfortable with its current information regarding the underlying
ownership of the property. Would support a motion to continue and allow staff to provide the legal
description information.
Staff clarified that the Council could vacate the property, but it would be unclear what was being
vacated or where it would transfer.
Mayor MADER called the question.
VOTE: Ayes by Mader, Petersen and Wuellner, Nay by Kedrowski and Schenck, the motion carried.
The Council took a brief recess.
Truth-In- Taxation Hearing for Proposed 2000 City Budgets.
Mayor MADER declare the public hearing open.
BOYLES: Gave an overview of the Budget process, including the public meetings, the notice of
proposed total budget and property tax levy, the City Council direction to provide a budget with no tax
increase, expenditure pressures of population and household growth, total budget and total levy
comparisons from 1999 to 2000, City personnel comparisons from 1999 to 2000, major contributors to
the budget increase, non-tax revenue increases, estimated property tax impact, and the City's on-going
efforts to cut the cost of government. Also noted that materials are included in the packets distributed
that show the revenue sources associated with the proposed 2000 budget. Further briefly described
the enterprise fund budgets, and concluded with a comparison of City services with other personal
expenses.
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Regular City Council Meeting Minutes
December 6, 1999
Joel SCHAFBUCH: (16977 Elm Ave. SW): Questioned the tax increase when the number of households
paying property taxes are also increasing. Suggested having those who use the services pay for the
services, rather than having every citizen pay.
MOTION BY SCHENCK, SECOND BY WUELLNER TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Public Hearing to Consider Proposed Economic Development Authority Levy and to Consider
Resolution 99-133 Rescinding City Council Resolution 99-87.
BOYLES: Introduced Bob Barsness, the President of the Economic Development Authority.
BARSNESS: Explained the EDA's recommendation to rescind the proposed levy for the benefit of the
Downtown Redevelopment project. Noted that it was the intention of the EDA from the onset to be able
to specifically identify a project or projects in which to direct any levy funds. Because the Downtown
plan has not reached a point at which the EDA can recommend those specific projects, the EDA is
recommending delaying any such levy. Stressed the EDA commitment to the Downtown
Redevelopment project and the needed partnership between the public and private sector. The EDA's
intent is that this will be a positive, cooperative project among the City Council, the EDA, City
businessperson and the citizens of Prior Lake. Requested time at the upcoming City Council annual
workshop to discuss the direction of the project. Noted that it would be a waste not to capitalize on the
recent redevelopment of the Library I Resource Center and the improvements to Lakefront Park by
ignoring the Downtown Redevelopment.
Mayor MADER submitted a written letter from Clar and Colleen Ottman into the public record.
MOTION BY SCHENCK, SECOND BY WUELLNER TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-133
REPEALING CITY COUNCIL RESOLUTION 99-87 RELATING TO A PROPOSED 2000 PROPERTY
TAX LEVY.
KEDROWSKI: Echoed the comments of Mr. Barsness in that despite the controversy over the levy, it is
most important that the community as a whole make a commitment to support the redevelopment
project.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OLD BUSINESS:
Consider Approval of Resolution 99-131 Awarding Bid for the Purchase of One (1) 2200-Gallon
Fire Department Tanker Truck, Trade-In of a Used Tanker Truck, and Authorizing the Mayor and
City Manager to Execute Documents Associated Therewith.
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Regular City Council Meeting Minutes
December 6, 1999
BOYLES: Gave an overview of the item in connection with the staff report, noting the bidding process,
the qualification of the Danko tank, the compliance and/or non-compliance of the bids received as it
related to the City's bid specification, and the operability of the proposed tankers.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO ADOPT RESOLUTION 99-131 AWARDING
BID FOR THE PURCHASE OF ONE (1) 2200-GALLON FIRE DEPARTMENT TANKER TRUCK TO
CUSTOM FIRE APPARATUS, INC., TRADE-IN OF THE USED TANKER TRUCK, AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE DOCUMENTS ASSOCIATED
THEREWITH.
BRUCE SAMES (Prior Lake Fire Chief): Explained the Fire Department Tanker Truck Committee's
recommendation, noting safety, cost and longevity concerns as discussed at the earlier work session. .
SCHENCK: Asked if the existing truck still responds to fire calls, and the extent of the damage to the
baffles. Also asked if the existing drop tank could be adapted to provide a dual tank for the Custom or
Danko truck.
SAMES: Advised that the tanker truck only responds in non-emergency situations, and only to the
primary service area. It is a converted milk truck that was bought in 1992. There is structural damage
to the integrity of the tank, and it is no longer repairable. Clarified that the Department would maintain
the existing drop tank to maintain a dual drop tank system, but that it would have to be retrofitted to
either truck.
SCHENCK: Asked about the Danko company's experience in water-hauling vehicles.
SAMES: Advised that the Danko company manufactures and sells fire apparatus only, including
pumpers, rescue and tankers.
PETERSEN: Asked if the City spending more for 330 Peterbilt versus a 9000 series Ford?
KEN KLINGBERG (Tanker Truck Committee): The base price of the trucks are very comparable. The
Committee chose the Peterbilt because of its turning radius and construction, including aluminum cab,
and bolting process of the frame members.
MADER: Asked for clarification on the use of the tanker.
SAMES: The tanker is used to haul water to sites that do not have hydrant service. This includes
approximately 75% of the time to the township. There are also over 200 homes within City limits that
do not have hydrant service. Also the Northwood Road area where the hydrants are midway between
the road and the lakeshore, the tanker is used year round.
MADER: Asked why the City pays the majority of the costs for the tanker, while its use is primarily in the
townships.
BOYLES: Advised that the formula used in the cooperative agreement is based upon valuation on an
across the board basis. There are other pieces of equipment that the township might pay for that would
disproportionately be used by the City. Basically, it works out in the wash.
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Regular City Council Meeting Minutes
December 6,1999
MADER: Asked for clarification why the Committee would discount the Danko bid based upon delivery
date when they are meeting exactly the delivery date requested in our bid documents.
SAMES: The Danko bid is not being disqualified solely based on the delivery date. It is mentioned as a
specific concern now because our tanker went out of service.
MADER: Asked if the miles on the current chassis are 6,000 over its life, which would have some
bearing on the criteria for acquisition of a new truck. For example, if the utilization was 80,000 miles
per year, there may be a rationale basis for specifying driver comfort, etc., but which may be
significantly different for a vehicle used 300 miles per year.
SAMES: That is correct, but clarified that the tanker truck sits in our bay fully loaded 100% of its life,
which bears a significant impact of the life of the chassis.
Ku.BI CHELGREN (Truck Committee): Also advised that the comfort of the air seats is not the real issue,
and although it seems extravagant, the real issue is driver control and being able to read a map to
locate hydrants as you drive down the road. Also addressed the issue of the size of the vehicle, vehicle
weight and spring weight being very important in order to eliminate the risk of City liability and
excessive maintenance of lower weight springs. Also noted that air spring seats are the standard in the
trucking industry, even for in-town deliveries.
MADER: Commented that the City's responsibility is to award bid to the lowest responsible bidder
meeting the City's specifications. Danko appears to be a responsible company within the industry. Also
commented that there is no indication that Danko should be discounted for agreeing to meet a delivery
date that is specified in our bid documents. Believes that to disqualify the Danko bid on the basis of the
comparisons in the staff report are not significant enough to discount the tremendous difference in the
bid amount. Does not believe that Danko was given the opportunity to address the differences between
the vehicles. Noted specific comparisons between the City's bid specifications and the performance
standards that would be acceptable to the City. Questioned why other competitors did not bid the truck.
His information from the bidders who did not bid was that they did not bid the truck because the City's
specifications were written for a Peterbilt truck already in inventory with Custom Fire. It wasn't worth
their time to submit a bid. It is quite a coincidence that the City's bid specification just happen to match
perfectly with those of the Custom truck. At least one of the other prospective bidders indicated that a
truck bid based on comparable performance specifications could be acquired for $65,000 to $75,000.
Recommends rejecting both bids and re-bidding the truck based on performance standards. The City's
intent should be to create a competitive bidding process to get a cost-effective response and this
doesn't do it. Will not support the motion.
SAMES: The specifications that were written were carefully reviewed and written by the Fire Department
Tanker Truck Committee to get the truck that we want keeping in mind the safety of City firefighters
and the costs and longevity of the truck. His understanding from Central States Fire, one of the
companies who did not submit a bid, was that a salesman left and someone dropped the ball. He
stated he would have like to see every prospective company submit a bid. Indicated he was not sure if
Custom had the Peterbilt chassis in stock, but noted that any fire truck manufacturer has the ability to
buy a chassis and have it in stock. The reason the Peterbilt chassis was chosen was because it stands
out among all other trucks as far as strength and longevity. The Danko truck is primarily eliminated
because, based on the information the Committee obtained, it does not comply with NFPA regulations.
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Regular City Council Meeting Minutes
December 6, 1999
MADER: Noted that Danko believed they met NFPA regulations, and that if there was a question, the
better route would have been to go back to Danko and address the specific issues.
SAMES: Stated that each bidder was provided with the same bid package, and that Danko was given
the opportunity to clarify the differences. They failed to respond either verbally or in writing.
KLINGBERG: Added that members of the tanker committee did go and look at the Danko drop tank
which was mounted on the side of the truck, and determined that the tank as mounted was not
acceptable.
MADER: Noted that the point is Danko was eliminated by our specifications because they manufacture
a drop tank mounted on the top of the truck. Does not believe that is acceptable criteria for eliminating
prospective bidders.
SAMES: Understands that the Mayor is saying that the Department can't write a bid specification
package for the truck it wants.
MADER: Answered that his opinion is that the bid specifications should not be so specific as to eliminate
other bidders. Specifications should be defined based on performance standards, not the specific size
of the structural members. The specifications as written were a clear message to other bidders that we
were not interested in entertaining other bids.
KEDROWSKI: Commented that unless the City Council is going to take up the task of writing bid
specifications, we have to rely on the staff and experts in our citizenry and take the word of our
employees because they are the ones that have the experience with the equipment. Danko was given
every opportunity to respond to the issues with their bid. Called for the question.
Mayor MADER called the question.
VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried.
NEW BUSINESS:
Consider Approval of Resolution 99-XX Approving a Conditional Use Permit for Ryan
Construction Company for a Gravel Excavation Operation.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THE ITEM TO THE SECOND
MEETING IN JANUARY AND DIRECTING STAFF TO SCHEDULE A COUNCIL WORK SESSION.
KEDROWSKI: Advised that this is a non-debatable motion.
fAcE: Confirmed.
Mayor MADER called the question.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
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Regular City Council Meeting Minutes
December 6, 1999
MADER: Commented that he has several concerns regarding the last item, including proper notice to
the property owner, development of the surrounding land, and the location of the roadway which goes
through the property. It appears that the Planning Commission was not informed of the proposed
development. Encouraged the staff to be sure all issues are considered when bringing this to the
Council in January.
Consider Approval of Resolution 99-134 Approving Standard Professional Services Contract
with Bonestroo, Rosene, Anderlik, and Associates to Perform Design Services for Utility
Extension along CSAH 21 and CSAH 42.
BOYLES: Gave a brief overview of the item and the action recommended by staff.
MOTION BY WUELLNER, SECOND BY SCHENCK TO ADOPT RESOLUTION 99-134 APPROVING
A STANDARD PROFESSIONAL CONTRACT WITH BONESTROO, ROSENE, ANDERLlK AND
ASSOCIATES TO PERFORM DESIGN SERVICES FOR UTILITY EXTENSION ALONG CSAH 21
AND CSAH 42.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Executive Session - Hentges Litigation
[This item was removed from the agenda.]
A motion to adjourn was made and seconded. The meeting adjourned at 75 .m.
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Frank Boyles, City Manager
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