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HomeMy WebLinkAboutAgenda & Minutes City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: Tuesday, September 7,1999 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF AUGUST 16, 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 remove'd 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. e' A) Consider Approval of Invoices to Be Paid. ~~ Consider Approval of Ordinance 99-XX Pertaining to Individual Septic Treatment o Systems in the City of Prior Lake. S V C) Consider Approval of Resolution 99-XX Authorizing OSM & Associates to Provide Construction Observation Services for Developer Installed Improvements. D) Consider Approval of Resolution 99-XX Approving Plans and Specifications for Brooksville Hills 6th Addition Drainage Improvement Project 99-15 and Authorizing Advertisement for Bids. E) Consider Approval of Resolution 99-XX Setting Parking Restrictions on Duluth Avenue and Pleasant Street in the Vicinity of St. Michael's School. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: None. 7 PUBLIC HEARINGS: None. 8 OLD BUSINESS: A) Consider Approval of Resolution 99-XX Accepting Bids and Awarding Contract for Fish Point Park Channel Stabilization (City Project 98-12). 9 NEW BUSINESS: A) Consider Approval Resolution 99-XX Certifying Proposed 2000 City of Prior Lake Tax Levy to Scott County Department of Taxation. B) Consider Approval of Resolution 99-XX Certifying Levy Under Minnesota Statutes 469.033 for Downtown Redevelopment for the Prior Lake Economic Development Authority. l~~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ .JiIt... ~':;'",,:L,~"t\ .U .Jil ",.~:"':;:i:!':.=..:~~;~:m~~-I~' a;:: .~;i ~ ;, ~~ ~:i ,""';.;:~".iiiIII..__...,....",.,,= ::.:;, ..,.~ I:' C) Consider Approval of the following Resolutions: . Resolution 99-XX and 99-XX Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Rolls for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements. . Resolutions 99-XX and 99-XX Establishing the Date of the Assessment Hearings for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1 st Addition Sanitary Sewer and Water Service Improvements. D) Consider Approval of Ordinance 99~ Relating to the Regulation of Off-Road Motorcycles. JLu , n E) Consider Approval of Ordinance 9 -'" Approving an Amendment to the Zoning Ordinance Relating to the Requirements for Replacement Decks and to Setback Requirements for Residential Driveways. F) Consider Approval of Resolution 99-XX Authorizing the Mayor and City Manager to Execute a Lease Agreement for Operation of the Prior Lake Library / Resource Center Coffee Shop. G) Consider Approval of Change Order in Connection with the Lakefront Park Improvements. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: A) Executive Session to Discuss Pending Litigation. 11 ADJOURNMENT 090799,DOC ,lo.:: _~!1;~.~lWlL~"~,,".j.... -~, ", .:,"..~,IL ~1. ,#~",;;.'i.:iIil.' ,;., iJ:,,,j, u_~ J:iI: .8, .~: REGULAR COUNCIL MEETING MINUTES Date: August 16, 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 Director Rye, Planner Jenni Tovar and Recording Secretary Meyer. APPROVAL OF AGENDA: MADER: Proposed adding under New Business an item to direct staff with respect to the Charlotte Roehr issues raised in public forum. BOYLES: Proposed deferring agenda item 9C (Consider Approval of: Resolution 99-XX and 99- XX Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Rolls for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements; Resolutions 99- XX and 99-XX Establishing the Date of the Assessment hearings for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements). There was some discussion among Councilmembers WUELLNER, SCHENCK and MADER regarding whether it was necessary for the Council to address the Roehr item in the agenda. MADER clarified that the intention was to not have a lengthy discussion or negotiate any issues, but rather to direct staff to resume further negotiations. MOTION BY MADER, SECOND BY PETERSEN, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF AUGUST 2.1999 MEETING MINUTES: MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE AUGUST 2, 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 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 Temporary 3.2 Liquor License for Conoco Softball Team and Waiver of License Fee. G) Consider Approval of Cigarette License .for Green Heights Lake Club. H) Consider Approval of Resolution 99-72 Approving Prior Lake VFW Post #6208 Premise Permit for Lawful Gambling. 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 August 16. 1999 KEDROWSKI: Noted his abstention on Item H. BOYLES: Briefly reviewed the items on the consent agenda. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE CONSENT AGENDA. VOTE: Ayes by Mader, Kedrowski (except as to Item H), Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE. PRESENTATIONS: NONE. PUBLIC HEARINGS. Consider Approval of Resolution 99-73 Approving an Administrative Subdivision for Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion of Property Located at 15322 Fish Point Road and 15314 Fish Point Road. TOVAR: Briefly reviewed the agenda item in connection with the staff report and advised the Council of the action requested and the Planning Commission recommendation. MADER: Commented that in this circumstance a property survey revealed an encroachment that the neighbors have tried to cooperatively resolve the matter. It appears the variances are reasonable as well. Supports the action. Mayor MADER asked for any input from the audience. OMs: Advised that he had read and understood the staff report and respectfully requested Council approval. 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 WUELLNER, TO APPROVE RESOLUTION 99-73 APPROVING AN ADMINISTRATIVE SUBDIVISION FOR JEFFREY AND JACQUELINE OMS AND TIMOTHY AND KATHRYN MANNION OF PROPERTY LOCATED AT 15322 FISH POINT ROAD AND 15314 FISH POINT ROAD. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OLD BUSINESS: Consider Approval of Resolution 99-74 Approving Assignment of Cable Television Franchise Rights from Triax Midwest Associates, Inc. to Mediacom LLC. BOYLES: Reviewed the history of the action taken by the Council to this point, as well as the attorney and staff recommendations, and conditions of the Resolution as revised and distributed this evening. 081699.00c 2 i ..1ii.iL..' " Council Meeting Minutes August 16. 1999 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-74 ASSIGNING CABLE TELEVISION FRANCHISE RIGHTS FROM TRIA)( MIDWEST ASSOCIATES, INC. TO MEDIACOM LLC. KEDROWSKI: Supports the motion and believes the action is long overdue. Stated that the City must continue to hold Mediacom to upgrading the caliber of the cable system in Prior Lake. PETERSEN: Not optimistic that the quality of cable service will change, but supports the motion. WUELLNER: Stated that he is not convinced that Mediacom will be the white knight that Prior Lake is hoping for, and common sense indicates that it is not likely the City will see much improvement. Reluctantly supports the motion. KEDROWSKI: Asked what happens if Mediacom does not comply with the resolution? BOYLES: The issues of failure to comply will be addressed in the Franchise ordinance. The City does have the right of first refusal. There is a provision where a similar process as that happening in Savage which would allow the City to prove that the company failed to comply with the franchise ordinance. There are financial and performance guarantees. All these things remain to be negotiated and are a condition of the City's approval. SCHENCK: Asked if it is possible for the City to end up worse off than the current services provided? MADER: The reality is that the City is going from a small provider that is financially insecure, to another small provider that is financially insecure. The best the City can do is hope to put the City into a better position to upgrade our system. But, keep in mind, that the City should not go into this new franchise blindly. Mediacom has made no commitments to upgrade the cable system and they are no healthier financially than Triax. However, given the alternative, the City has no choice but to go with the possibility for improvement. Supports the resolution. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO DIRECT STAFF TO RESEARCH AND CREATE A SYSTEM OF DUE DILIGENCE TO TRACK AND MONITOR THE PROGRESS OF CABLE TELEVISION SERVICE IN PRIOR LAKE. BOYLES: Staff has begun to develop the basis for a tracking system in the negotiation of the franchise ordinance, including reporting and timelines related to service. MADER: Suggested that the staff may be doing double duty in pursuing this avenue while also trying to negotiate an acceptable franchise agreement with Triax given the timeline. KEDROWSKI: Believes an internal tracking system would go one step further than the contractual part in building a record of due diligence. The motion asks for a recommendation from staff on how a tracking process would work. 081699.DOC 3 Council Meeting Minutes August 16. 1999 WUELLNER: Commented that history indicates that even if the City is able to build an adequate public record, in the event a cable franchisee is performing below standards there is little chance the City is able to do anything about it anyway. MADER: Suggested readdressing this issue after the franchise agreement has been completed. KEDROWSKI: Argued that this is an issue the City has not addressed and it is time the Council took some action. VOTE: Ayes by Kedrowski, Petersen, Nayes by Mader, Wuellner and Schenck, the motion failed. Consider Approval of Resolution 99-75 Approving Plans and Specifications and Authorizing Advertisement for Bids for the Installation of Six Emergency Vehicle Preemption (EVP) Systems. BOYLES: Reviewed the agenda item in connection with the staff report and identified the expected costs. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-75 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE INSTALLATION OF SIX EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess. The regular meeting resumed at 8:38pm. [Item 9B, Consider Approval of Ordinance 99-10 Approving a Zone Change from the "A" District to the "R-2" District, Resolution 99-76 Approving the Conditional Use Permit for a 22-Unit Townhouse Development and Resolution 99-77 Approving the Preliminary Plat to be known as Glynwater 3rd Addition, was the moved up to the next item for action.] Consider Approval of Ordinance 99-10 Approving a Zoning Change from the A District to the R-2 District, Resolution 99-76 Approving the Conditional Use Permit for a 22-Unit Townhouse Development and Resolution 99-77 Approving the Preliminary Plat to be known as Glynwater 3rd Addition. BOYLES: Reviewed the agenda item in connection with the staff report, as well as the Planning Commission recommendation. KANSIER: Gave an overview of the three separate actions requested and the current items at issue. WUELLNER: Asked if the staff expected the floating MUSA line concept in the proposed 2020 Comp Plan to be approved by the Metropolitan Council, and how their approval can co-exist with the concern over urban sprawl. 081699.DOC 4 :;",jjj,.:L_.clJ.. "" Council Meeting Minutes August 16. 1999 RYE: Indicated that staff expects the Met Council to adopt the City's 2020 Comprehensive Plan as proposed. While the floating MUSA concept is fairly unique, it is viewed by the Met Council as a more efficient use of land. A decision is expected within the next 60 days. fACE: Suggested amending the proposed ordinance under section 2, finding 2, begin the sentence with "Pursuant to Finding No.3...." which would mean once the Met. Council approves the floating MUSA then sewer and water service would be available. Also "available" means utilities are in the ground, but not ready for use. MADER: Asked if appropriate notification to surrounding property owners had taken place. KANSIER: Confirmed that there were a relatively small number of affected property owners, but that all had been notified. WUELLNER: Asked if the zoning plan for the property is consistent with the Compo Plan. Concerned that this is yet another case where the property is currently not consistent with the Compo Plan. RYE: Confirmed that the property is designated low-to-medium density in the Compo Plan, but that all the agricultural property was intentionally not re-zoned because of the non-availability of utilities. Any proposal is evaluated against the Comprehensive Plan. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE ORDINANCE 99-10 APPROVING A ZONING CHANGE FROM THE "A" DISTRICT TO THE "R-2" DISTRICT AS AMENDED. MADER: Reminded the Council that a zoning change required a 4/5ths vote to approve the change. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY WUELLNER, TO ADOPT RESOLUTION 99-76 APPROVING THE CONDITIONAL USE PERMIT FOR A 22-UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS GL YNWATER 3RD ADDITION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY WUELLNER, TO ADOPT RESOLUTION 99-77 APPROVING THE PRELIMINARY PLAT OF GL YNWATER 3RD ADDITION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Change Order #3 for Fulco Construction for the Library/Resource Center. BOYLES: Reviewed the agenda item in connection with the staff report, itemizing the specific items changed and their costs. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE CHANGE ORDER #3 FOR FULCO CONSTRUCTION FOR THE LIBRARY/RESOURCE CENTER. 081699.DOC 5 Council Meeting Minutes August 16. 1999 SCHENCK: Asked if the additional plumbing can be recouped once the contract has been let from the coffee shop, and whether the gypsum board was an item missed by the architect. BOYLES: The plumbing provided by this change order is a necessary rough-in. The gypsum board is a building code interpretation required by our Building Inspector and City ordinances, and is necessary for the safety of the building. KEDROWSKI: While supporting the motion, not happy with the extent of the change orders and the due diligence exercised by the Architect for items necessary to the project. MADER: Asked if the follow-up with the Architect had been concluded. BOYLES: No. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-78 Approving the Plans and Specifications and Authorizing the Advertisement of Bids for the Development of a Community Park I Athletic Complex on the Busse Property. BOYLES: Reviewed the action requested of Council and the timeline for the project. MOTION BY WUELLNER, SECOND BY SCHENCK APPROVING RESOLUTION 99-78 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE DEVELOPMENT OF A COMMUNITY PARK / ATHLETIC COMPLEX ON THE BUSSE PROPERTY. MADER: Asked if this is strictly a grading and excavation contract? And what are the costs? BOYLES: Clarified that irrigation, parking, curb and gutter, utilities stubbed in, ball diamond fencing and buffering are also included. Also advised the Council that notice had been provided to surrounding property owners that this item would be discussed as part of Council agenda tonight. HOKEN~SS: Added that the Architect's project estimate is $1.1 million, and that landscaping and planting will be done in-house. MADER: Commented that he would have liked to see a presentation of some sort when the Council Is spending $1.1 million. Further commented that it seems unfitting to open a youth park and not include bathroom facilities. HOKENESS: Clarified that exclusion of the bathrooms/concession building is due to lack of money remaining in the referendum budget. As the Council is aware, the cost of land acquisition for park property was higher than anticipated when the referendum was proposed, so some areas had to be trimmed. . MADER: Supports the motion but will follow with a motion for staff to proceed with developing bathrooms at the park. 081699.DOC 6 ll..,. """'''-._._5''~.....".\!..) t..: a '. .-:......".... lItii~im~""'..:I-=" lo...._ .' M ,j'iii/j,__ aM.,. _. Council Meeting Minutes August 16. 1999 SCHENCK: Asked if the bid package should include the construction of the bathrooms. HOKENESS: There is a timing issue at this point, plus this bid package proposed for approval tonight will be for excavation contractors. The City will likely save money by bidding the prqjects separately, as with the Lakefront Park project. WUELLNER: Complimented staff on turning a contentious issue into a positive addition to the neighborhood. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Resolution 99-79 Accepting Feasibility Report and Scheduling Public Hearing to Consider 2000 Improvement Projects. BOYLES: Reviewed the projects proposed for 2000 in connection with the staff report and advised of the impact of the Council's action. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-79 ACCEPTING FEASIBILITY REPORT AND SCHEDULING PUBLIC HEARING TO CONSIDER YEAR 2000 IMPROVEMENT PROJECTS. KEDROWSKI: Asked if and when staff will further consider the issue of alternative curb and gutter design, and is there a reason Maves Street was singled out. 1.LKKA: Although staff has not gotten into specifics of different curb and gutter design in this feasibility report, the issue is scheduled to be addressed at the time the subdivision ordinance is under review. It is a complex issue and staff hasn't come across an option that could be applied to this particular project. Staff has considered such issues for each project, for example in implementing the 28 foot street width in reconstruction. McDERMOTT: This section of Maves was part of this project for surfacing and curb and gutter because the side streets in the area are newer and have both curb and gutter. Maves does not. Maves will not have to be done all the way to the end, the remainder has curb and gutter. WUELLNER: Concerned that the City needs to try and be more consistent with letting bids in the spring in order to have a longer construction period to work with. 1.LKKA: Staff's practice is to get the projects put together as early as possible in the year. Ideally bidding would occur in February, but as with any project, issues often present themselves that delay the bid process. SCHENCK: Given the number of streets, what is the level of opposition to this project? McDERMOTT: This is a large project, but given the design of the streets, there has not been a lot of opposition from the affected property owners. Staff will know more after the informational mee.ting. 081699.DOC 7 Council Meeting Minutes August 16. 1999 MADER: Regarding Linden Circle, what is the status? Also questioned if the Linden Circle project was 100% assessed to the benefiting properties or if we are taking $30,000 from the trunk reserve fund? lLKKA: The original agreement regarding Linden Circle was that the City was going to accept a lesser standard of construction if the neighborhood could come to a unanimous agreement regarding the construction process (Le. temporary easements, re-design, etc.). One property owner was a hold-out. The remaining property owners proceeded through the Minnesota Statutes 429 process, but at this point Linden Circle was re-designed under the original resolution, and is proposed to be completed under this resolution. McDERMOTT: Clarified that the $30,000 from the trunk reserve fund is to repair sewer and water utilities already in place and to relocate fire hydrants. The same allocation was used on the Centennial Street proj~ct. .lLKKA: Suggested that it is certainly a point of discussion for the Assessment Review Committee. Believed that is where the recommendation on the Centennial project came from. MADER: Noted that the precedent we set was planned but never carried out. Supported the resolution, but suggested that before the Council sets a precedent, the issue should be referred back to the Assessment Committee for a recommendation. KEDROWSKI: Commented that one distinction that should be noted is that sewer and water in this case is already existing. In new development, the City installs sewer and water in connection with the road. Would support referring the issue to the Assessment Review Committee. MADER: Noted that this is a project requested by the neighborhood, not initiated by the City. The question is whether in this circumstance, the project should be fully assessed to the benefiting properties and what the City's obligation is. WUELLNER: Commented that the resolution accepts the feasibility report, and the approximately $25,000 referenced refers to indirect costs of engineering and administration, not the relocation of existing utilities to accommodate a street reconstruction. BOYLES: Suggested adopting the resolution, moving forward with the public hearing, and provide separate direction to the Assessment Review Committee to address this issue. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess. Consider Approval of: Resolution 99-XX and 99-XX Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Rolls for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements; Resolutions 99-XX and 99-XX Establishing the Date of the Assessment hearings for Project 99-11 Candy Cove/Lakeside 081699.DOC 8 ",.,'~- "'- . ',,, Jii. ... ~~_..........",,_;l~IIU....'..~~ _.ail, ,~ , "4~..~~".,....~, '. Council Meeting Minutes August 16. 1999 Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements. [This Item was removed from the agenda]. Consider Approval of Resolution 99-80 Authorizing WSB & Associates, Inc. to Provide Professional Engineering Services for Layout Approval and Cooperative Agreement Submittal for the TH13 Frontage Road Project for Commerce and Boudin Streets. BOYLES: Reviewed the project in connection with the staff report advising that authorizing the . resolution would allow WSB & Associates to provide more specific detail and a cooperative agreement submittal to the State in an amount not to exceed $8,750.00. MOTION BY SCHENCK, SECOND BY WUELLNER TO ADOPT RESOLUTION 99-80 AUTHORIZING WSB & ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR LAYOUT APPROVAL AND COOPERATIVE AGREEMENT SUBMITTAL FOR THE TH13 FRONTAGE ROAD PROJECT FOR COMMERCE AND BOUDIN STREETS. MADER: Clarified that the previous direction given staff with respect to the alignment of the frontage road was to realign the concept plan so as to least impact the Church property. Asked if his understanding was correct and whether WSB would be given that direction? Also asked for clarification as to the fee schedule with WSB. .l.LKKA: Clarified that the mayor's understanding was correct and that WSB would be given that direction regarding the realignment. Not to exceed figures have been used in the past, but WSB does submit invoices showing time and work completed. MADER: Does that suggest that the final fee will be for the full $8750, and doesn't that make this a fixed proposal, rather than a fee proposal? Understood a fee proposal to be one which would require submittal of invoices for time at a specific rate, and suggests that if the work ends up taking less than the maximum time, it is to our advantage. Supported the motion, but suggested reviewing the process by which not-to-exceed proposals are implemented. .l.LKKA: Using the not-to-exceed process, consultant services have not been managed that way in the past. Most of consultants take a hit on not-to-exceed arrangements because fees based on their regularly hourly wage are much higher. BOYLES: Proposed a friendly amendment to the motion deleting "without written authorization" from the first finding within the resolution, and also to add an additional finding that the Mayor and City Manager be authorized to execute the agreement on behalf of the City. Councilmembers SCHENCK and WUEllNER accepted the friendly amendment. SCHENCK: Asked about the participation of the State in funding this project? .l.LKKA: The costs for this action will be the City's responsibility. But, the purpose of having WSB more clearly define this alignment would be so that it could be submitted to the State for consideration for possible State funding. 081699.DOC 9 Council Meeting Minutes August 16. 1999 SCHENCK: Asked if the proposed alignment 1-R is acceptable to MNDOT and Savage, and what happens if the realignment as recommended is not approved? lLKKA: Advised that staff and WSB will work with MNDOT and Savage before any final approval. The Council will have an opportunity to review and provide direction on the recommendation the City will make to MNDOT. Staff and WSB will coordinate with MNDOT and Savage early on as to the viability of the proposed realignment. VOTE ON MOTION AS AMENDED: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-81 Confirming the City Manager's Recommendation for the Appointment of Halleland, Lewis, Nilan, Sipkins & Johnson as City Attorney. MOTION BY SCHENCK, SECOND BY WUELLNER TO ADOPT RESOLUTION 99-81 CONFIRMING THE CITY MANAGER'S RECOMMENDATION FOR THE APPOINTMENT OF HALLELAND, LEWIS, NILAN, SIPKINS & JOHNSON AS CITY ATTORNEY. MADER: Advised that the City Attorney has transferred her relationship to a new law firm, and in order to continue to retain the services of Ms. Pace as City Attorney as recommended by the City Manager, it is necessary for the Council to enter into a new contract and fee agreement with the new firm. BOYLES: Further advised that the retainer fee for legal services will remain the same, and that the contract will also remain substantially unchanged, which is an advantage to the Prior Lake taxpayer. Also advised the Council that the legal services provided by Ms. Pace have been remarkable and that the City staff and City Council have had a very productive relationship that has allowed the City to operate at maximum effectiveness. Strongly recommended approval of the resolution. MADER: Asked if there will be any issues handled by Campbell Knutson from this point on? BOYLES and fACE confirmed that all files have been transferred. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ANNOUNCEMENTS AND OTHER BUSINESS: Charlotte Roehr Road Construction Issues MOTION BY MADER, SECOND BY WUELLNER TO DIRECT THE ISSUE BACK TO STAFF AND CITY ATTORNEY FOR FURTHER NEGOTIATION AND RESOLUTION. KEDROWSKI: Questioned the City's options if staff and the party cannot come to some resolution. Concerned that the reason the issue has come before the Council is because staff and the party could not reach a resolution. 081699.00c 10 2[ i;"',,:Wif.lI;l:~ -~"~;,:',I' ~t. .. ;Jer."ili.;,!i,lj'::,i",; .. K..~ .Jf L~~..li,~ll~:l[;.r ,:Ill 1[:::;" Council Meeting Minutes August 16. 1999 BOYLES: Advised that the Council should exercise a great deal of caution on whether or not it wants to be in the position of negotiating contracts. However, the Council is the appealing body. It is a balancing act. MADER: Noted that the City Attorney has advised that there was a process for negotiating and that there would be further discussions. Believes it is inappropriate at this point for the Council to interfere in the staff process. SCHENCK: Asked if, in the circumstance that there is no agreement, whether the Council will see this issue again as an appeal, or as litigation? MADER: There is always the possibility of litigation. As a Council, we have some obligation after it's clear there is no resolution to give a party an opportunity to be heard. In this circumstance, it appeared the parties were on track to a resolution. fAcE: There has not been a situation where the City hasn't been able to come to a resolution, and the matter has been brought to the City Council. As a matter of course, the City Manager and City Attorney would apprise the Council of a situation where there was a policy issue for the Council to decide. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Restroom Facilities for the Park Being Developed on the Busse Property. MOTION BY MADER, SECOND BY KEDROWSKI, TO DIRECT STAFF TO INITIATE PLANS TO ADDRESS THE ADDITION OF RESTROOM FACILITIES AS PART OF THE PARK BEING DEVELOPED ON THE BUSSE PROPERTY. KEDROWSKI: Concerned that there is no funding. The motion should be amended to also identify a funding source for the project. MADER and KEDROWSKI accepted the friendly amendment. PETERSEN: Questioned whether the restrooms included the concessions segment planned. Proposed that the plans and specifications for the restroom facilities provide for the completion of construction in segments so as to later add the concession and remaining additions. MADER: Agreed that the concessions are a lesser concern and that the planning and design should be such as to add to the initial restroom facilities. BOYLES: Suggested that staff will provide the plans showing varous alternates from restrooms only to the complete building, as well as the corresponding estimated costs and funding sources and bring those items back to the Council for review. VOTE ON MOTION AS AMENDED: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 081699.DOC 11 Council Meeting Minutes August 16. 1999 Lake Advisory Vacancy WUELLNER: Asked if staff has advertised for the vacancy on the Lake Advisory Committee, and the current status regarding filling that position. WOODSON: Advised that an advertisement for the vacancy had run and as of the application deadline, no applications had been received. Further advised that at the end of October, two additional Lake Advisory Committee positions are up for renewal, as well as several other advisory board positions. In accordance with the Council recent action to streamline advisory body terms and renewals, it is our intent to publish for all of the positions at once in hopes of filling all vacancies. made, seconded and accepted. The meeting adjourned at 9:59pm. Recording Secretary 081699.DOC 12 ~" .:ft:a ..,......- I>.."~~~ :..'~ :';:_ It~ ,A.Ji.. m,:~'.. "':.,,~~,.......id.:i2:'l!l!<'~TBr:f.. ,~ ,.L ~ h .1L. .~~:i!.~::1.m:~il"*!lk~B1Lt h " ~ ~ ~~ '1lI