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HomeMy WebLinkAboutAgenda & Minutes 1) 2) 3) 4) City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: April 5, 1999 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. APPROVAL OF AGENDA: CONSIDER APPROVAL OF MARCH 15, 1999 MINUTES: 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 Authorizing the Mayor and City Manager to Execute a Settlement Agreement between the City of Prior Lake and St. Michael's Church with respect to special assessments, and Approving Application for Abatement. C. Consider Approval of Massage Therapy License for Sister Shirley Mueller, O.S.F. 5) 6) 7) 8) ITEMS REMOVED FROM CONSENT AGENDA: PRESENTATIONS: PUBLIC HEARINGS: 9) OLD BUSINESS: A. Consider Approval of Ordinance 99-XX Amending Prior Lake City Code Sections 3-1-3 and 3-1-6 with respect to Temporary Liquor Licenses on Church and School Properties. B. Consider Approval of 1999 First Quarter City Council Directives Status Report. NEW BUSINESS: 3z.. A. Consider Approval of Resolution 9~ Approving Amendments to the 2010 Comprehensive Plan and Completing t~~020 Comprehensive Plan. B. Consider Approval of Resolution 9~~warding Bid and Authorizing Mayor and City Manager to Execute the City'~ndard Contract for Improvements to Lakefront Park. 3'-1 C. Consider Approval of Resolution 99P Awarding Bid and Authorizing the Mayor and City Manager to execute the City's Standard Contract for North Shore Oaks 1 st Addition Sewer and Water Improvements. D. Consider Approval of Resolution 99- Ratifying a Labor Agreement between the City of Prior Lake and Minnesota Te sters Public and Law Enforcement Employees Representing Supervisors for 1 as 10) OTHER BUSINESSICOUNCILMEMBER REPORTS. l~fbEagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11) ADJOURNMENT. 0405.DOC REGULAR COUNCIL MEETING MINUTES Date: March 15, 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, Planning Director Rye, Planner Jenni Tovar, Parks and Rec. Director Hokeness, and Recording Secretary Meyer. APPROVAL OF AGENDA: City Manager BOYLES proposed to add Agenda Item 8B (Consider Approval of Resolution 99-XX Approving a Purchase Agreement to Acquire the Entire 15. 18 Acre Kop Property to be Incorporated into Lakefront Park and Repealing in their Entirety Resolutions 98-99 and 99-09), and an Executive Session to discuss the St. Michael's Church Special Assessment Appeal. KEDROWSKI proposed to add Agenda Item 8C (Consider Directing Staff with Respect to City's Entry Monuments). MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF MARCH 1, 1999 MEETING MINUTES: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE MARCH 1, 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 Animal Control Report for February. D) Consider Approval of Building Permit Report for February. E) Consider Approval of Fire Call Report for February 1999. F) Consider Approval of Resolution 99-XX Authorizing the City to Apply for a Minnesota Department of Natural Resources Outdoor Recreation Grant. G) Consider Approval of Resolution 99-XX Approving a Summary of the New Zoning Ordinance for Publication. H) Consider Approval of Resolution 99-XX Granting Extension of Time for Hillcrest Homes Pertaining to Resolution 98-44. I) Consider Approval of Authorization to Execute Purchase Agreement with Reliant Energy Minnegasco. City Manager BOYLES reviewed the Consent Agenda items. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 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 March 15. 1999 ITEMS REMOVED FROM CONSENT AGENDA: None. PRESENTATIONS: None. PUBLIC HEARINGS: None. OLD BUSINESS: Consider Approval of Report on Tree Preservation Policy as it Relates to Development of Single Lots. City Manager BOYLES briefly reviewed the intent of this ordinance, the Council's previous directive to staff, and the staff report. RYE: Commented on the impetus of the Tree Preservation ordinance and the necessity of the verification requirement. Added that the implementation of the ordinance has been reasonable on its face. SCHENCK: Commented that we don't specify a minimum lot size, questioned if a minimum lot size is specified in the Savage ordinance, and whether Savage has a full-time forester. RYE and TOVAR: Did not know if the Savage ordinance addressed minimum lot size, but provided that their ordinance was more stringent than ours. Confirmed that Savage does employ a full-time forester. WUELLNER: Clarified that the ordinance does not apply to properties platted after 1996 because they have a tree preservation plan on file. It also doesn't apply to additions to existing dwellings, but does apply if an existing home was demolished and needed to be replaced. Questioned if the issue was that we require a double verification. TOVAR: Confirmed that the application of the ordinance as presented by Councilmember Wuellner was correct. Further provided a specific example to show the process steps in the implementation of the ordinance. WUELLNER: Asked what the typical upfront cost is for a tree survey? As far as the verification goes, asked if it would be fair to say the cost is significantly less for the verification and that there is more involved than whether or not the tree is there. The health of the tree needs to be determined. TOVAR: Commented that the upfront cost for a tree survey was something she could not answer, but confirmed that as a general statement the verification cost is significantly less. Confirmed that the staff could go out and verify that the trees are there, but are not qualified to determine their health or certify whether or not they have survived the construction. Also advised that typically there are few complaints about the process. WUELLNER: Commented that trees are a significant feature and asset to Prior Lake worth preserving. Believed our current Tree Preservation ordinance is very important and reasonably addresses the concerns intended at its inception. KEDROWSKI: Appreciates the staff effort. Supports the ordinance as a minimum effort at saving our trees. It is a positive step and very reasonable. 031599.doc 2 Council Meeting Minutes March 15. 1999 MADER: Asked if there is any limitation in the number of trees that invokes the ordinance. Asked if a vacant lot has three trees above 6 caliper inches, does the ordinance apply? TOVAR: Yes, if the lot is vacant and a building permit is issued. RYE: Added that the ordinance does allow removal of 25% of the caliper inches on that site without replacement. SCHENCK: Asked for clarification that even though the trees are no where near the construction site, the ordinance still applies. Also asked if there is an intern program through the University of Minnesota or its extension service that may be an option in lieu of hiring a forester? TOVAR: Confirmed that if the trees are on the lot, a survey is required. Did not know of any specific intern program or services offered by the University of Minnesota, but volunteered to follow-up. MADER: Supported having a tree preservation ordinance, but also believed City ordinances need to have common sense. The verification process seems to be a bit much. In order to save money, when the City is supplying building inspection services anyway, suggested amending the ordinance to allow city staff, in certain instances, to provide final verification. TOVAR: Commented that there are also issues of City staff time, as well as the expertise required to certify that the trees are healthy. Advised that the ordinance does not restrict the final certification to a surveyor. The verification can also be provided by a landscape architect or forester, which she presumed would be cheaper than a surveyor. MOTION BY MADER, SECOND BY PETERSEN, TO DIRECT PLANNING DIRECTOR RYE TO RECOMMEND AN AMENDMENT TO THE TREE PRESERVATION ORDINANCE TO WAIVE, IN CERTAIN CIRCUMSTANCES, THE TREE PRESERVATION VERIFICATION. KEDROWSKI: This type of change opens the door for unequal or subjective implementation of the ordinance. We have an effective working ordinance. VOTE: Aye by Mader, Nay by Kedrowski, Petersen, Wuellner and Schenck, the motion failed. MOTION BY WUELLNER, SECOND BY KEDROWSKI, THAT NO ACTION ON THE ORDINANCE BE TAKEN AT THIS TIME. MADER: Clarified that since the motion failed, no change to the ordinance is implied. Upon a consensus among the Council that no change is implied because the previous motion failed, WUELLNER withdrew his motion, KEDROWSKI withdrew the second. [Additional Item] Consider Approval of Resolution 99-XX Approving a Purchase Agreement to Acquire the Entire 15.18 Acre Kop Property to be Incorporated into Lakefront Park and Repealing in their Entirety Resolutions 98-99 and 99-09 031599.doc 3 Council Meeting Minutes March 15. 1999 BOYLES: Reviewed the item in connection with the staff report, funding of the acquisition and advised the Council of the recommended action. MOTION BY WUELLNER, SECOND BY PETERSEN, TO APPROVE A PURCHASE AGREEMENT AND LEASE TO ACQUIRE THE ENTIRE 15.18 ACRE KOP PROPERTY TO BE INCORPORATED INTO LAKEFRONT PARK AND REPEALING IN THEIR ENTIRETY RESOLUTIONS 98-99 AND 99-09. KEDROWSKI: Asked whether the grant applied for under the Consent Agenda will enable the City to recoup the costs of the acquisition even though we execute the Purchase Agreement now? HOKENESS: Confirmed that we meet the criteria. The grant is for the development of Lakefront Park, so if we have to spend additional monies to purchase the Kop property, we may have to take from something in the Park like lights or trails. The grant will be used to replace those funds. The original $50,000 grant was to be used exclusively for acquisition of the Kop property. KEDROWSKI: Supported the motion and commented staff did a good job coming to a negotiated settlement with the Kops, rather than condemnation. PETERSEN: The purchase price is an amount we offered and supported 6 months ago. Saw no reason why it wouldn't be supported at this time. WUELLNER: This is a great acquisition for the City. It is a significant accomplishment toward obtaining the long-term goals of the Master Plan for the park. SCHENCK: This has been a tough process. Commended the Parks Advisory Committee, the Council, and the staff for seeing the process through to fruition. MADER: Asked that with $253,000 in the Capital Park Fund and $6.46 million in the Referendum fund, why is a portion of the funding for the acquisition coming from the Construction fund? BOYLES: Provided clarification as to the allocation of funds from 1996 through the present Referendum and in connection with the Staff report. The purpose of the $125,000 allocation from the Construction Fund originally was from two allocations previously authorized by the Council in 1996 for the Lakefront Park road and parking lot improvements in the event the Referendum failed. When the Referendum passed, the $125,000 became available and now can be used for Lakefront Park, but in a different capacity. MADER: Also asked if we have received the $50,000 grant as referenced in the June 11, 1999 letter from the DNR? BOYLES: Provided that we have received the money and we are also making another application for a DNR grant, as approved by the Council as part of tonight's Consent Agenda, separate from that $50,000. HOKENESS: Clarified that the money has not been transferred to the City at this point, but has been committed by the DNR to Prior Lake. There is a subsequent document from Joe Hiller of the DNR, who verified that Prior Lake will get the funds, but that the City needed to submit the signed purchase agreement before the funds are actually transferred. 031599.doc 4 Council Meeting Minutes March 15. 1999 MADER: Commented that the June 11, 1999 letter from the DNR indicates that the City would not be eligible for the original $50,000 grant if it were used for acquisition purposes. Further provided that he is uncomfortable because the budget for the Referendum allowed $300,000 for the acquisition of this property. That means this acquisition is $250,000 over budget. All total, we will have only about half of the land we planned for much more money than we budgeted. Tonight's decision costs the taxpayers money in the form of borrowed money. Taxpayers will have to repay principal and interest over the term of the bonds, together with the construction fund reallocation. The purchase is not necessary, and particularly not at this price. Added that another disadvantage is that the City loses valuable land that could be developed to add to the commercial tax base. WUELLNER: Took issue with the Mayor's calculations and inference on the value of the land with respect to its commercial value. Stated that the Mayor was leaving the impression that this Council is wasting money based upon how he formulates the numbers. Resented the implication that the remaining four Councilmembers are duping the public. The community chose the value of these improvements and are well aware of the costs. MADER: Clarified that he was referring to his position on the matter, asked that other Councilmembers do the same, and that he did not intend to offend the Council. VOTE: Ayes by Kedrowski, Wuellner, Schenck and Petersen; Nay by Mader, the motion carried. [Additional Item] Consider Direction to Staff as to Entry Monument Lighting. KEDROWSKI: Suggested lighting the Entry monuments to the City because such an investment in community identity should be seen at night as well. MOTION BY KEDROWSKI, SECOND BY SCHENCK, DIRECTING STAFF TO RESEARCH THE COSTS INVOLVED WITH THE LIGHTING OPTIONS FOR THE ENTRY MONUMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Request By Spring Lake Township to Reduce Fees and Charges as set forth in the Construction and Maintenance Agreement for Sanitary Sewer and Water dated June 1, 1998. City Manager BOYLES reviewed the history of the negotiations of this Agreement and the issues currently before the Council in connection with the staff report. DON STURNUM, (WSB): Advised that the Township has had an assessment hearing for the project and now knows exactly where the Township stands as a community. This is a very large and unusual project for the Township to undertake. Anything the City can do to further reduce the costs to the Township would be helpful, in particular the water meters. SCHENCK: Asked if a remotely-operated electronic meter system would be more expensive. 031599.doc 5 Council Meeting Minutes March 15. 1999 STURNUM: There would be more individual costs per household, but the overall benefits to the project far outweigh the additional costs. MADER: Under the current contract, is the determination of the sewer and water bill set up based on one meter that takes care of total flow, or on individual meters? PACE: Provided clarification that one large meter would be where the project connects to the terminus of the City's system which would measure the total flow. Secondly, there would be other meters for each individual home that provide a more accurate reading for Township billing purposes. MADER: Asked if the intent of the Agreement was that the City would bill based upon the large meter reading. PACE: Answered that there had been a lot of discussion about the advantages and disadvantages, and that it was accurate that the City would bill based upon the large meter reading. The City would have to look at whether to do an addendum to the Agreement if, in fact, the City and Township agree to substitute the individual meters. MADER: Clarified that the Council is faced with the financial question, as well as an addendum to the Agreement if we use the individual meters. SCHENCK: Stated that this is a unique project. Clarified that fees for the Township residents will not be lesser than those fees paid by Prior Lake residents. Recommended no action at this time. KEDROWSKI: Recommended no action, and if staff comes back with an addendum for the electronic meters, the Council can address it at that time. Consensus among the Council that no action be taken at this time. Attorney PACE suggested that if the Township has further questions with respect to the signed Agreement and its Addendum, that they discuss the details with her privately rather than take up Council time. Consider Approval of Resolution 99-XX Authorizing the Preparation of Plans and Specifications for the Development of a Community Park/Athletic Complex on the Busse Property. City Manager BOYLES reviewed the agenda item in connection with the staff report. MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-XX AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DEVELOPMENT OF A COMMUNITY PARK/ATHLETIC COMPLEX ON THE BUSSE PROPERTY. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-XX Approving Plans and Specifications and Authorizing the Advertisement and Solicitation of Bids for the Lakefront Park Pavilion. 031599.doc 6 -~.;i.: ;Ii:" Council Meeting Minutes March 15. 1999 City Manager BOYLES reviewed the agenda item, and introduced Bruce Cornwall, of Benz Thompson Ritenow Architects (hired by Brauer & Associates to design Lakefront Park Pavilion). CORNWALL: Provided a brief overview of the Lakefront Park Pavilion project, and provided several drawings and a model of the proposed building. KEDROWSKI: Asked about the life expectancy of this building, what type of measures are being taken with respect to vandalism, and are the fireplaces wood or gas? CORNWALL: Provided that the life expectancy is probably 50-75 years. Inside the structure we are using a vertical siding rather than drywall; the windows are actually two smaller divided panels that are more difficult to break and if broken can be more easily replaced, and the base of the foundation is concrete block which is very durable. Believes these types of issues have been adequately addressed. The fireplaces are gas. WUELLNER: Does the building have a fire protection system? How will the building be staffed? Commented on the great design and showed concern for including some fire protection measures. HOKENESS: A building of this size is not required to have a fire protection system. Staffing will be typically by our Park & Rec. warming house attendants or staff during events, or by those who have rented the building for specific functions. We are also checking on the costs of installing an alarm system. SCHENCK: Commented that the structure is really a nice center point for the park, and it will be a great addition. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT AND SOLICITATION OF BIDS FOR THE LAKEFRONT PARK PAVILION. BOYLES: Clarified the items that will be bid separately, and advised that AI Friedges will be acting as the construction representative on the project. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Strategic Plan and 1999 Work Program for City Manager and Staff. BOYLES: Reviewed the agenda item in connection with the staff report and the intent of the Strategic Plan and 1999 Work Program. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE OF STRATEGIC PLAN AND 1999 WORK PROGRAM FOR CITY MANAGER AND STAFF. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a five-minute recess. 031599.doc 7 " Council Meeting Minutes March 15. 1999 OTHER BUSINESS: Executive Session to Discuss Pending Litigation. The Executive Session began at 9: 13pm. Mayor Mader advised that the Council would be retiring to Executive Session to discuss the current status of the St. Michael's Church special assessment appeal. The regular meeting resumed at 9:20pm. MOTION BY MADER, SECOND BY WUELLNER, TO AUTHORIZE THE CITY ATTORNEY TO SETTLE THE ST. MICHAEL'S ASSESSMENT APPEAL AS DISCUSSED IN EXECUTIVE SESSION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. A motion to adjourn was de, seconded and accepted. The meeting adjourned at 9:21 pm. 031599.doc 8