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HomeMy WebLinkAboutAgenda & Minutes 7:00 p.m. FORUM REGULAR COUNCIL MEETING AGENDA Date: September 15, 1997 1. CALL TO ORDER................................................................................7 :30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Fire Call Report for August. D. Consider Approval of Building Permit Report for August. E. Consider Approval of-Rs:~olution 97-XX Establishing List of Surplus Property to be Sold at County Wide Auction. F. Consider Approval of Resolution 97~ Authorizing Award of Bid for Trails, Parking Bay and Basketball Courts Identified in the 1997 Capital Improvement Program. 5. PRESENTATIONS: A. There are no Presentations 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: A. Consider Approval ofB,esolution 97-XX Approving an Appeal by Phillip and Byran Hines of the Planning Commission Denial of Variances to the Setback from the Ordinary High Water Level for Property Located at 2719 Spring Lake Road, Case File #97-050. \ ~. J, "' B. Consider Approval of Resolution 97-)8( Awarding bid for Field and Security Lighting at Pond's Park. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-XX Authorizing Public Sale of$1,065,000 G.O. Improvement Bond of 1997. B. Consider Approval of an Interim Ordinance 97-XX Providing for a Moratorium on Building Permits in the Downtown Development District. 16400rEe.gle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 91S97.DOC -'"-. .~~-- REGULAR COUNCIL MEETING MINUTES Date: September 2, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, Robbins, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, Parks and Recreation Director Hokeness, Finance Director Teschner, City Engineer Ilkka, and Executive Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE THE MINUTES OF THE AUGUST 18, 1997 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, abstention Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Election Judge Appointments for November 7, 1997. C. Consider Approval of Resolution 97-71 Awarding Bid for 1997 Storm Sewer Improvement Projects 97-15, 97-16, 97-21. D. Consider Approval of Resolution 97-72 Authorizing Application to the Metropolitan Council for Planning Assistance Grant in the Amount of $11 ,31 O. E. Consider Approval of Pinal Payment for Project 96-16 Parks, Trails, and Parking Lot Improvements. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA, ITEMS A, B, C, D, E. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 5. PRESENTATIONS: A. There were no Presentations 6. PUBLIC HEARINGS: A. There were no Public Hearings. 162~gle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215 AN EQUAL OPPORTUNITY EMPLOYER .. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-73 Approving the Final Plat and Developer's Agreement for "The Wilds 4th Addition". . City Manager Boyles introduced the item. The developer's agreement has been signed by the developer and outstanding items will be addressed in the approved resolution. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 97- 73 APPROVING THE FINAL PLAT AND DEVELOPER'S AGREEMENT FOR THE "WILDS FOURTH ADDITION". . Councilmember Mader asked about item 3; the N.U.R.P. pond construction and the City reimbursing the developer for the cost of the pond. . Planning Coordinator Kansier said the developer will submit the cost of construction and City Engineers would determine if the cost is reasonable. . Councilmember Mader asked why the developer has not submitted the cost of construction of the N. U .R.P. Pond. . Planning Coordinator Kansier said the developer has not submitted the cost at this time. . Councilmember Mader asked if there was an estimate of what it should cost. . Planning Coordinator Kansier she does not have an estimate but staff could provide it if it was needed. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. B. Consider Approval of Resolution 97-XX Awarding Bid for Field and Security Lighting at Pond's Park. Field Lighting Resolution 97-72 . City Manager Boyles introduced the item. At the July 21 st City Council meeting, the City Council asked the staff to rebid the Ponds athletic lights project to enhance competition and reduce the price. He said there were two vendors in the first bid and six vendors on the rebid and the bid is $310,000 instead of $332,000. The recommended low bid meets City's specifications. Lighting is optimum for the fields and least intrusive to surrounding residents, the lighting system proposed can be upgraded to further reduce light spillage. Staff is recommending the bid be awarded to the low bidder. 9297.DOC 2 '"s :~ 9297.DOC . Parks and Recreation Director Hokeness introduced Jim O'Brien and Wally Sharp of Wunderlik-Malek. He said the rebid was in the best interests of the City, although football and soccer users were disappointed that lights were not in place already for the fall season. He briefly reviewed the product specifications. He said they met with neighborhood homeowners who were concerned about light spillage and glare on their property. . Wally Sharp of Wunderlik-Malek presented the lighting design to the Council. He showed two diagrams which showed light spillage on neighboring properties for each type of lighting and the intensity of lighting on the athletic fields. . Councilmember Schenck asked if it could be any better for the neighbors, and not quite as bright light. . Mr. Sharp explained that the light would dissipate near the houses. . City Attorney Pace asked that the demonstrations be labeled Exhibit A and Exhibit B. . Councilmember Mader asked if the specifications asked for Musco or equivalent? . Parks and Recreation Director Hokeness said yes. . Councilmember Mader asked if an equivalent existed. . Parks and Recreation Director Hokeness said some manufacturers may make an equivalent, but he has not seen any other than Musco that could produce light on the fields, but minimize spillage on adjacent residential neighborhoods. . Councilmember Mader asked about light spillage. . Parks and Recreation Director Hokeness introduced Craig Gallop, a representative of Musco Lighting. . Mr. Gallop explained that spillage and glare control was achieved through reflectors and shields. . Wally Sharp of Wunderlik-Malek Engineering said spill and glare control are done through the' reflectors and shields. More can be added. Any supplier could meet the criteria, not necessarily with their standard equipment. . Councilmember Mader asked about letter from Lindquist and Vennum, and whether they were present. . City Attorney Pace said they were present. . Councilmember Mader asked if no other product could meet the specifications. 3 9297.DOC . Mr. Sharp said that may be the case without some degree of customization. . Councilmember Robbins asked if the bid included additional shields. . Parks and Recreation Director Hokeness said the bid includes the shields needed to meet the specifications, and additional shields could be added on. . Councilmember Robbins asked what additional shields would cost. . Parks and Recreation Director Hokeness estimated approximately $1,000 per pole. He said this will be an experimental year. . Councilmember Kedrowski said the Parks Advisory Committee should be commended for their efforts. He said it was good to hire consultants for bidding. . Councilmember Schenck asked whether the City used Musco lighting elsewhere. . Parks and Recreation Director Hokeness said at Memorial Park where this also was close to residential homes. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE RESOLUTION 97- XX AWARDING BID FOR FIELD AND SECURITY LIGHTING AT PONDS PARK. . Mayor Andren said it was the City's goal to provide safe lighting that did not inconvenience area residents. She said the letter received from Lindquist and Vennum, who represent RLM, alleged violation of state statute. She asked City Attorney Pace whether that was the case. . City Attorney Pace said the City has complied with statues and bidding requirements. . Mayor Andren asked Mr. Sharp if Wunderlik-Malek gave RLM the opportunity to follow the appropriate process in qualifying their product. . Mr. Sharp said his firm worked extensively with RLM in an attempt to qualify their product. . Councilmember Mader asked if they were going to hear from RLM. . Mayor Andren said if he would like to they could. . Tom Fabel, attorney with Lindquist and Vennum alleged that the City violated Minnesota statute 471.35 in the bidding process. He said that RLM has observed the appearance of some form of collusion between Wunderlik-Malek Engineering and 4 .~ Ii' .... . . 9297.DOC Musco Lighting. He said his company felt the specifications were drawn over rigidly to exclude all other companies except Musco. Mayor Andren asked Mr. Fabel if his client could meet the glare and spillover specifications. Mr. Fabel said no, but the difference in lighting was imperceptible. He said the spillage doesn't reach neighbors' yards. . Mayor Andren asked Mr. Sharp if the difference was imperceptible. . Mr. Sharp said he disagreed with Mr. Fabel. The difference is perceptible as between moonlight and a brightly lit parking lot. . Councilmember Kedrowski asked if Wunderlik-Malek made efforts to work with Hubbell Lighting (RLM). . Mr. Sharp said they solicited a meeting with Hubbell to address their concerns at length. . Councilmember Kedrowski asked if their product was fairly compared. . Mr. Sharp said it was on the basis of computer printouts that conclusions were drawn regarding spillage, glare, and field lighting intensities. . Mark Mlazgar of R.L. Mlazgar Associates said they found it necessary to use outside engineers to compile data and complete paperwork for the bid. The information required was excessive. He introduced Keith Eagle, a national representative of Hubbell Lighting. . Mr. Eagle said he felt the allotted time for the project was insufficient. . City Attorney Pace said they have had since June 24th to work on the project. She quoted a recent Minnesota State Supreme Court ruling which states the provisions of MS 471.35: "do not apply to contracts for work or services or to contracts for the purchase of supplies or equipment which include also the furnishing of work and labor to effectuate the installation thereof." She said the City has made every effort to comply with the competitive bidding law. She said allegations of collusion between the City's consulting engineer and an equipment supplier are very serious and should be directed toward the consultants they have problems with. She asked if they were concerned because a particular product was named. . Mr. Mlazgar said no, he was concerned about the lack of time allotted. He stated he believed his product could meet the specifications for intensity, light spillage and glare. . City Attorney Pace asked why they believed they only had four days. 5 . Mr. Mlazgar said they became aware of the original bid on June 24th. He said they were trying to put competitive bidding in front of the City and wanted to make sure it took place. . Councilmember Schenck withdrew the motion and Councilmember Kedrowski withdrew the second. MOTION BY ANDREN SECOND BY MADER TO TABLE THE ITEM UNTIL RECEIPT OF FURTHER INFORMATION FROM THE CITY'S CONSULTING ENGINEER Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Volunteer Firefighter's Requestfor Improved Pension Benefits . Mayor Andren introduced the item. Volunteer Firefighters were requesting a benefit increase of $200; from $2,200 to $2,400 per year of service. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE VOLUNTEER FIREFIGHTER'S REQUEST FOR IMPROVED PENSION BENEFITS Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. B. Consider Approval of Agreement for Joint Assessment Between the City of Prior Lake and County of Scott. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE CONTRACT FOR JOINT ASSESSMENT BETWEEN THE CITY OF PRIOR LAKE AND THE COUNTY OF SCOTT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. . Mayor Andren suggested it may be a good idea to have the County assume Board of Review responsibilities for the City because Mr. Arnoldi was doing the adjustments anyway, and it was an antiquated process they had been following. This is more efficient for residents, then they could go one place. If residents were unhappy with the County assessment, they could go to the District Court. . Councilmember Kedrowski asked City Attorney Pace if she was comfortable with the process. 9297.DOC 6 . . . . 9297.DOC City Attorney Pace said yes, it was lawful and appropriate. Councilmember Kedrowski said it should be reevaluated next year to be sure the process was working well. He said there was a lot of merit to allowing citizens immediate access to the City Council as the Board of Review. Councilmember Schenck asked if under the process, citizens appeal to Mr. Arnoldi or aboard? Finance Director Teschner said in the first step the citizens appear before Mr. Leroy Arnoldi, the assessor, and then appeal to the local equalization board, which would be the Scott County Board. They can appeal in District Court next. The proposal would not take a level of appeal out of the process. This is for valuation only not property taxes. It is a matter of convenience. From a staff perspective, it won't make a difference. For the citizens, they may prefer talking with local representatives. . Councilmember Schenck asked if this would be a more expeditious process. . Finance Director Teschner said yes, it is a better service this way. . Councilmember Schenck asked if the Council had an influence on the current process. He had never seen that it had. . Finance Director Teschner said the Council could direct a valuation reduction, but there should be a rationale such as error or oversight. The Council must take input from the County assessor and go with that recommendation. The first step residents must follow is contacting the County Assessor to see if it could be worked out before going to the Board of Equalization hearing. He gave the example of the Wilds, where there was a reduction because of extenuating circumstances. . Councilmember Mader said from a practical standpoint it sounded good, but the Council should be participants and not lose touch with the residents. He said the equalization hearing should stay as is. . Councilmember Robbins asked for clarification of the process of assessment hearings. . Finance Director Teschner explained the process of going to the assessor, then the local Board of Review, then the District Court if necessary. . Councilmember Kedrowski concurred with Councilmember Mader on having the Board of Equalization remain as is. C. Consider Approval of Resolution 97-74 Certifying Proposed 1998 City of Prior Lake Tax Levy to Scott County Auditor. 7 . City Manager Boyles introduced the item, which was for the purpose of adopting a levy by September 15. Each taxation body will conduct a Truth in Taxation hearing. The City will hold theirs December 3 at 7:00 p.m., with a continuation on December 10. The 1998 tax levy must be adopted by December 15th. He stated that the proposed budget does conform with the Council's self-imposed $0 tax increase policy which is more aggressive than the legislature's and has been in place for one year already. . Councilmember Mader said he would not support the tax levy because the net result was a 14% increase in taxes on the average home, it seems that as the City operates at a very high tax level that seems to be only capable of providing the bare essential services, and then anything additional as an amenity gets added on top. He said he thought there was some room in the budget to have made some reductions so the City would not have had to take that full 14%. He said a 14% increase is a major increase, so he would not support it. . Mayor Andren asked if that included the referendum. . Councilmember Mader said yes. . Councilmember Robbins said she supports the zero percent tax increase as proposed in the previous directive. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE RESOLUTION 97- 74 CERTIFYING PROPOSED 1998 CITY OF PRIOR LAKE TAX LEVY TO SCOTT COUNTY AUDITOR. Upon a vote, ayes by Andren, Kedrowski, Robbins, and Schenck, nay by Mader the motion carried. D. Consider Approval of Resolution 97-75 Approving Safe and Sober Communities Fundingfor 10/1/97 - 9/30/98. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-75 APPROVING SAFE AND SOBER COMMUNITIES FUNDING FOR 10/1/97 THROUGH 9/30/98. . Councilmember Mader asked what "hazards associated with enforcement" meant. He said it sounded like this was potentially increasing hazards to the police officers. . City Manager Boyles said he added that to the agenda report, since whenever an officer approaches a vehicle there is a hazard associated with it, and increasing patrol would consequently increase that hazard. . Councilmember Robbins asked if the grant included the entire cost of the effort. 9297.DOC 8 . City Manager Boyles said there would be clerical and administrative costs associated with it, but it depended on the number of arrests. . Mayor Andren called the question Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. E. Consider Approval of Resolution 97-76 Approving the Final Plat and Developer's Contract for "Maple Hill 2nd Addition". MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 97- 76 APPROVING THE FINAL PLAT AND DEVELOPERS CONTRACT FOR MAPLE HILLS 2ND ADDITION. . Councilmember Mader asked about "seeding" versus sodding in the contract, and consistency with the ordinance. . Planning Coordinator Kansier said the two provisions are different. One addresses the interim ground cover between construction and laying of curb and gutter, for erosion control purposes and the other permanent sod installation. . Councilmember Mader asked if the ordinance applied only to yards. . Planning Coordinator Kansier said it would apply to the boulevard as well; this was only for interim purposes. . Councilmember Schenck asked about the trail along Bluebird Trail. . Planning Coordinator Kansier said there will be a gap which will eventually be filled between this area and Knob Hill. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. F. Consider Approval of Resolution 97-77 Approving an Amendment to the Comprehensive Plan from Low-Medium Density Residential to High Density Residential, Resolution 97-78 Approving the Preliminary Planned Unit Development Plan for the Eagle Creek Villas Assisted Living Facility Project and Resolution 97- 79 Approving the Preliminary Plat of Eagle Creek Estates. MOTION KEDROWSKI SECOND ROBBINS TO APPROVE AMENDMENT TO THE LAND USE MAP PART OF COMPREHENSIVE PLAN FROM LOW- MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL. 9297.DOC 9 Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-78 APPROVING THE PRELIMINARY PUD FOR THE EAGLE CREEK VILLAS ASSISTED LIVING FACILITY PROJECT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-79 APPROVING THE PRELIMINARY PLAT OF EAGLE CREEK VILLAS Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. G. Consider Approval of Resolution 97-80 Accepting a Public Improvement Petition, Special Assessment Agreement and Waiver of Appeal for Sanitary Sewer Extension to Gateway Center and Ordering the Improvement. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-80 ACCEPTING A PUBLIC IMPROVEMENT PETITION, SPECIAL ASSESSMENT AGREEMENT AND WAIVER OF APPEAL FOR SANITARY SEWER EXTENSION TO GATEWAY CENTER AND ORDERING THE IMPROVEMENT. . Councilmember Mader asked about the $22,800 construction estimate, how solid was it? He said nothing has been put in as a safety factor. Will the petitioner pay the full cost? . City Engineer Ilkka said the contingency was within the $22,800. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 9. ITEMS REMOVED FROM CONSENT AGENDA: 10. OTHER BUSINESS: . City Manager Boyles announced the implementation of the direct-in-dial phone system. 9297.DOC 10 9297.DOC . Councilmember Robbins asked about the implementation of the recent ordinance which waived the need for a certificate of survey in certain instances. She asked why the property owners have to file a hold harmless agreement with the County and asked if the City could file the hold harmless agreement with the County recorder so residents did not have to make an extra stop. . City Attorney Pace said the City wanted hold harmless agreements to be of record for information, and the recording fee is $16, which the City could collect. . Planning Coordinator Kansier said they were holding permits until survey requirement was adopted, because the option was to get a new survey. Hold harmless clauses needed to be signed and recorded. The second problem was the confusion at the recorder's office as far as what was needed to record it. The County recorder has decided they will not require a certificate of title. She said they were working out the "bugs". The agreement will be recorded before a permit is issued. They are trying to make it easier for people. . Councilmember Mader said if the hold harmless agreement is not recorded it could create problems. . Mayor Andren asked about liability if City accidentally does not record something? . Councilmember Kedrowski said when new the County offices open it may be easier. . Planning Director Rye said variances and CUP's have to be recorded. The current ordinance on variances require the property owner to file. One of the reason's is at the time, the County wanted the owner's duplicate of title to do the recording. The City did not want to have to deal with someone's owner's duplicate, because if it got misplaced, there is considerable cost involved. It should remain homeowner's responsibility, and we can make it as easy as possible. . Councilmember Mader asked about the Maple Hills Second Addition, and the inconsistency in developer's agreement with sodding requirements versus seeding. . Councilmember Kedrowski asked about the Update, item number 5, whether staff was looking for direction, a line of credit for the school district. . City Manager Boyles said there would have to be an ordinance amendment. . City Attorney Pace said the City could interpret their own ordinances, but it was questionable whether a letter of credit was a variance to performance standards. . Planning Director Rye said as an example the landscaping and screening section of the code calls out institutional uses as within the purview of the section. So, it was hard to interpret institutional as an alternative. 11 9297.DOC . Councilmember Kedrowski asked whether there was an alternative to line of credit for security. He withdrew the motion. . Councilmember Robbins asked if the City could have the District give the money and give it back to them. . City Attorney Pace said once the work is completed they get the letter of credit back. . Councilmember Mader asked about the cost for letter of credit. . Planning Director Rye said they must have funds available. . Councilmember Kedrowski said there should be a downtown moratorium on development for six months or more. The purpose would be to allow the downtown review committee the opportunity to work on some of the issues. MOTION BY KEDROWSKI SECOND BY ROBBINS TO DIRECT STAFF TO PREP ARE A MORATORIUM ON DEVELOPMENT. . Councilmember Mader asked if that was 100% prohibition. . Planning Director Rye said there was a number of options, from not issuing building permits to prohibiting new development to allowing internal but no exterior work. . Councilmember Mader said they should try to control it through building permits, not an ordinance change. . Planning Director Rye said an ordinance to enact a moratorium would be necessary. There is a provision in the statute allowing for up to 12 month moratorium with extension of 18 months. The idea is to protect the planning process. . Councilmember Mader asked if the City could selectively grant building permits during the moratorium? . Planning Director Rye said yes with Council direction. . City Attorney Pace said moratoria have provisions and criteria spelled out In ordinance. . Mayor Andren said this has merit; the EDA, the Planning Commission and the general public have for years wanted some architectural controls and a plan for downtown. This gives the opportunity to redefine the downtown area; once someone puts up a building it will set the tone for the area for years, so it makes sense to do this now. . Councilmember Schenck asked for clarification on the time. 12 . Planning Director Rye said the initial period was any time up to 12 months and then an additional 18 month extension. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT: MOTION BY ANDREN SECOND BY SCHENCK TO ADJOURN THE MEETING Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. . The meeting adjOp~d at 9:45 p.m. f, .I ,', !ivvp~ [Jj~4~ City Recording Secretary 9297.DOC 13