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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA Date: September 2, 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 Election Judge Appointments for November 7, 1997. C. Consider Approval of Resolution 97-XX ~warding Bid for 1997 Storm Sewer Improvement Projects 97-15, 97-16, 97-21. I,.) D. Consider Approval of Resolution 97-XX Authorizing Application to the Metropolitan Council for Planning Assistance Grant in the Amount of $11 ,31 O. E. Consider Approval of Final Payment for Project 96-16 Parks, Trails, and Parking Lot Improvements. 5. PRESENTATIONS: A. There are no Presentations 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: I,. A. Consider Approval of Resolution 97-XX Approving the Final Plat and Developer's Agreement for "The Wilds 4th Addition". B. Consider Approval of Resolution 97-XX Awarding Bid for Field and Security Lighting at Pond's Park. 8. NEW BUSINESS: A. Consider Approval of Volunteer Firefighter's Request for Improved Pension Benefits B. Consider Approval of Agreement for Joint Assessment Between the City of Prior Lake and County of Scott. . / C. Consider Approval of Resolution 97-XX Certifying Proposed 1998 City of Prior Lake Tax Levy to Scott County Auditor. 'I.. ) . D. Consider Approval of Resolution 97~ Approving Safe and Sober Communities Funding for 10/1/97 - 9/30/98'1:' E. Consider Approval of Resolution 97-X1{ Approving the Final Plat and Developer's Contract for "Maple Hill 2nd Addition". 162WfikEagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER G. 7 r"} Consider Approval of Resolution 97~ Approving an Amendment to the Comprehensive Plan from Low-Medium Density Residential to High Density Residential, Resolution 97~lKApproving the Preliminary Planned Unit Development Plan for the Eagle Cfeek Villas Assisted Living Facility Project and Resolution 97-~~proving the PrelimiIl~ Plat of Eagle Creek Estates. Consider ApprovaCJfResolution 97-~/Accepting a Public Improvement Petition, Special Assessment Agreement and Waiver of Appeal for Sanitary Sewer Extension to Gateway Center and Ordering the Improvment. F. 9. ITEMS REMOVED FROM CONSENT AGENDA: 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 9297. DOC "'-- ...;.... MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING AUGUST 18, 1997 7:30 PM 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Robbins, City Attorney Pace, City Manager Boyles, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, City Engineer Ilkka, Assistant City Engineer McDermott, Building Official Hutchins, and Executive Secretary Oden. Councilmember Schenck was absent because he was out of town. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. . Mayor Andren said she received a request from the petitioner to have item 8F) Consider Approval of Resolution 97-XX Approving an Appeal by Philip and Bryan Hines of the Planning Commission Denial of Variances to the Setback from the Ordinary High Water Level (OHW) for Property Located at 2719 Spring Lake Road, Case File #97-050 removed from agenda and deferred to September 15th. . City Attorney Pace said she received a request from the petitioner to defer 8D) Consider Approval of Resolution 97-XX Approving Final Plat and Developers Contract for "The Wilds 4th Addition" to September 15th. . Councilmember Kedrowski said he wanted to add two items under Other Business l)A committee the EDA would like to form and 2) Direct staff to consider preparation of official map containing ring road in Priordale Mall area. . Mayor Andren said she wanted to add flood plain discussion under Other Business. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE THE MINUTES OF THE AUGUST 4TH, 1997 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. 4. CONSENT AGENDA: . Councilmember Mader asked that item 4G, Consider Approval of Contract for Employee Assistance Services, be removed for discussion after New Business. MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE THE CONSENT AGENDA, ITEMS A-F. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. 5. PRESENTATIONS: 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQuAL OPPORTuNITY E~lPLOYER A. There were no presentations. 6. PUBLIC HEARINGS: A. There were no public hearings. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-65 Approving Preliminary Plat of North wood Oaks Estates and Resolution 97-66 Approving Variances to Allow a Cul-de-Sac Greater than 500 Feet in Length. . City Manager Boyles introduced the item. The preliminary plat was scheduled for the July 21 Council meeting. It was referred back to staff for analysis to assure slope impacts created by development have been minimized and the alternate accesses and road openings were evaluated. The staff report and developer's report addresses both issues. The resolution approves both the variance and preliminary plat subject to some conditions. . Mayor Andren said she had had a concern about slopes and wanted to see if the developer had looked at other options to see if the effect on slopes could be minimized. After reviewing the developer's consultant report, she thought the original plat addressed these concerns. Some options of other access points would not be effective. . Councilmember Mader said he agrees with the Mayor that the original plat is in the best interests of the City. . Councilmember Robbins asked about Arctic Lake and whether custom grading on surrounding lots would impact the wetlands or lake. . Planning Coordinator Kansier said the lots are not directly adjacent to Arctic Lake. The grading plan would provide for silt and erosion control. MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE RESOLUTION 97-66 APPROVING A VARIANCE TO ALLOW A CUL-DE-SAC GREATER THAN 500 FEET IN LENGTH IN THE PRELIMINARY PLAT OF NORTHWOOD OAKS ESTATES. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. MOTION KEDROWSKI SECOND MADER TO APPROVE RESOLUTION 97-65 APPROVING THE PRELIMINARY PLAT OF NORTHWOOD OAKS ESTATES. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-68 Ordering Preparation of Feasibility Reportfor 1998 Improvement Projects. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-68 ORDERING PREPARATION OF FEASffiILITY REPORT FOR 1998 IMPROVEMENT PROJECTS. 2 ill... . City Manager Boyles explained that by approving the feasibility report Council was not approving project construction. The process provides the council with numerous opportunites to stop any project as appropriate. He outlined the staff report. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. B. Consider Approval of Resolution 97-69 Requesting Advanced Encumbrance of MSA Funds. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-69 REQUESTING ADVANCED ENCUMBRANCE OF MSA FUNDS. . City Manager Boyles explained the City Council would be approving a $360,000 advanced funding allocation for two projects. The status of other funding sources has created the need for the City to apply for these funds. . Counci1member Mader asked City Engineer Ilkka whether advances must be repaid from the next available allotment. . City Engineer Ilkka said if they do not use MSA funds in 1998, the 1998 allotment would pay back the advance. . Councilmember Mader asked whether there were advanced encumbrances each year. . City Engineer Ilkka said the current Capital Improvement Program showed MSA funding in years 1998,2000, and 2001. . Councilmember Mader asked what does "require the City to continue to advance" mean? . City Engineer Ilkka said advance requests would continue until the City gets into a year where there is no MSA funded project. . Councilmember Mader said the staff report said the 1998 project of Duluth Avenue or Highway 23 could be negatively impacted by the advance of funds. . City Engineer Ilkka said that was depending on the source of funding and whether one or both projects are done. The City can only borrow up to $500,000. Upon a vote, ayes by Andren, Kedrowski, Mader and Robbins, the motion carried. C. Consider Approval of Resolution 97-70 Awarding Bids for 1997 Improvement. Projects, Authorize Howard R. Green Company to Perform Construction Staking and Observation Services and Appoint two Councilmembers to the Assessment Committee. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97- 70. 3 ", r" " . Councilmember Robbins asked about the Pike Lake Trail assessment. How much would be assessed and to which parties. She said her concern was whether there would be any appeals. . City Engineer Ilkka said the figures really need to be determined by the assessment committee. . Councilmember Robbins asked whether the property owners were notified. . City Engineer Ilkka said that city staff has had discussions with all of them, and they will also receive legal notice. He has not received any objections. . Councilmember Mader asked if the construction / observation staking services, of $66,300 is a not to exceed amount? He said he was puzzled because the report said the City Staff intends to do the observation. . City Engineer Ilkka explained it was authorization to expend in case the staff was unable to do the work because of schedule conflicts. . Councilmember Mader said Mr. Vierling was left with the impression he would not be assessed, and the expected assessment is $72,000. He asked whether these numbers are consistent with the added value to the property or are there likely to be appeals? He said he was particularly concerned about the Vierlings. . City Engineer Ilkka said he did not know if the Vierlings would appeal. . Councilmember Mader said given there is some uncertainty, would it be wise to have the assessment hearings before the contracts are placed. . City Engineer Ilkka asked what would the Council do if there were appeals at the assessment hearings? There can be appeals regardless of the timing of the assessment hearing. . Councilmember Kedrowski said he had questions about the assessment committee, what time commitment? . City Manager Boyles said the assessment committee will talk about the purpose of the group, and what kind of additional information is needed. . Councilmember Kedrowski asked if they were looking at 3 months, 6 months, a year. . City Engineer Ilkka said to accomplish construction, it may be 3-6 months. If the City wants to hold the award of bid until the assessment process is finished, the construction would not be started this year. . Councilmember Kedrowski said it will be about, 90 days for this committee. He asked what is actual intent of the committee? . City Manager Boyles said what seems concrete is sometimes subject to interpretation. There may be concern with equities, and it is helpful to have Councilmembers on the committee. 4 . Councilmember Kedrowski asked whether this was new for the Council. . City Manager Boyles said under the Bylaws the council should have made the Assessment Committee appointment in January for 1997. . Mayor Andren said the Pike Lake Trail project has been an issue for 4 years. Mr. Vierling assumed it would not be done by City because at one time Wensmann was going to do townhomes. Then City Council decided they were going to have a Business Park. That is why there was a change in plan. She said she was concerned about having assessment hearing after project commenced, because they had not done it that way. She said City Engineer Ilkka had a good rationale for doing it this way. She said as far as appeals there is no guarantee at any time that there will not be an appeal. . Councilmember Mader asked if the council had had an assessment committee, before? . City Manager Boyles said the special assessment policy provides for an assessment committee but the council has not here to fore appointed one. . Councilmember Mader asked whether this is a recent policy revision regarding having an assessment committee. . Mayor Andren said at one time there was an assessment review committee and the by laws allow for such a committee. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. MOTION BY ANDREN SECOND BY ROBBINS TO APPOINT KEDROWSKI AND MADER TO THE ASSESSMENT COMMITTEE. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. E. Consider Approval of Resolution 97-67 Approving of and Appeal by Alvin Monnens of the Planning Commission Denial of Variance to Side Yard Setback for Property Located at 16697 Creekside Avenue, Case File #97-065. . City Manager Boyles introduced the appeal request indicating that the staff supports the Planning Commission denial of the variance since it does not meet code criteria for approval. . Alvin Monnens of 16697 Creekside Circle approached the podium. He wanted to build a garage and had no room on either side of the house. There is 19 feet on one side and 15 on the other. He felt that there was a hardship created for him. He said other houses in the area were built as such, and a neighbor had a garage that was three feet from the side lot line. . Planner Tovar showed where the building envelope was on the lot. . Councilmember Kedrowski asked whether the other side ot the house is an option? 5 . Mr. Monnens said the only place he could build is the other side. . Councilmember Kedrowski said the garage could be directly adjacent to the house. . Councilmember Mader asked Planner Tovar if there would be room for a single car garage. . Planner Tovar said there is room for a 15 foot single car garage; it could be put right over the existing parking pad. MOTION BY MADER SECOND BY ROBBINS TO APPROVE 97-67 APPROVING THE DENIAL OF AN APPEAL BY ALVIN MONNENS OF THE PLANNING COMMISSION DENIAL OF VARIANCE TO THE SIDE YARD SETBACK FOR PROPERTY LOCATED AT 16697 CREEKSIDE AVENUE, CASE FILE #97-065. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. 9. ITEMS REMOVED FROM CONSENT AGENDA: . 4G) Consider Approval of Contract for Employee Assistance Services. Councilmember Mader said he had a concern with City Employees and a confidential service operated by the Dakota Community. They have sovereign immunity. If in the process of handling confidential data on City Employees a breach occurs, the employee could file action, and the City could be held liable. $1200 per year for this service is a bargain but litigation would wash it out. . City Attorney Pace said that was a good point. The agreement provides contractually that all information could be kept confidential. She said City Manager Boyles and staff had a representative from NES assure confidentiality of records. There is some degree of protection because the City made a good-faith effort to preserve the confidentiality of data. . Councilmember Mader asked whether the City Manager had looked at other vendors. . City Manager Boyles said the City had used this service since 1995 and had used no other vendors. . Councilmember Mader said the service is good to extend to employees. With the handling of information, if a commitment is breached, the City would be liable because of sovereign immunity. He would like comparable service from a private company in the same cost range. . Councilmember ,Robbins asked if this is the same service they provide to other employees in the Dakota community? . City Manager Boyles indicated it was. . Councilmember Kedrowski asked what is the down side of the liability: 6 . City Attorney Pace said someone can name anyone they want in litigation. She said the city has insurance. A party could sue the City and provider. What they would seek in another contract would be indemnification. . Mayor Andren said that if the City contracts with someone else the same thing could happen. . City Attorney Pace said the City could seek indemnification in the contract. . Mayor Andren said that when the contract was entered into in 1995, the City wanted to utilize every method possible to share things that would be mutually beneficial to the Dakota Community and the City. She said it is the same service they provide to their employees, and she has no problem with it. MOTION BY KEDROWSKI SECOND BY ROBBINS TO ADOPT THE 1997-1998 CONTRACT FOR EMPLOYEE ASSISTANCE SERVICES. . Councilmember Mader said the fact that the service has been used since 1995 and there have been no lawsuits is no indication that there will not be litigation. He said he continued to be concerned with this agreement where there was no indemnification. He gave MPRS as an example. . City Attorney Pace said they could discuss with the provider an informed consent and waiver of provided in services. The only problem is it may be a deterrent for employees to use the service. A lot of inquiries are done by telephone. . Councilmember Kedrowski said another point with MPRS is the City did not recognize its liability. . City Attorney Pace said this would not be a breach of the data practices act. The City would have some immunities in litigation. . Mayor Andren said the service would certainly work by a code of ethics and would not breach it. MOTION BY KEDROWSKI TO INCLUDE WAIVER OF IMMUNITY. . The motion died for lack of a second. . Councilmember Mader said he had no question about their intent, but it is a contract. The perception is that courts are sensitive to confidential information. There could be an expensive mistake. . City Attorney Pace said the City's insurance has an aggregate deductible of$10,000. The fact is that the City would not be the ones breaching confidentiality. . Mayor Andren called the question Upon a vote, ayes by Andren, Kedrowski, and Robbins, nay Mader, the motion carried. 7 10. OTHER BUSINESS: . Counci1member Kedrowski said the Economic Development Authority (EDA) would start a seven member steering committee of two EDA members, two downtown property owners, a member of the Planning Commission, a member of the Parks Advisory Committee, and a member of the Friends of the Library to look at downtown redevelopment. The committee will coincide with the building of the library and will coordinate redevelopment efforts in conjunction with the library project. . Councilmember Robbins asked about anticipated time commitment. . Councilmember Kedrowski said it will be over the next 90 days. . Councilmember Kedrowski said the other issue is to initiate a process to show on an official map the ring road as part of the Priordale Mall Redevelopment area. . Planning Director Rye said the Comp Plan designated the ring road. The official map process designates the center line of the proposed road and gives the City certain rights. MOTION BY KEDROWSKI SECOND BY ROBBINS TO DIRECT THAT THE STAFF PREP ARE MAKE AN OFFICIAL MAP SHOWING THE RING ROAD . . Planning Director Rye explained an official map is an expression of intent that gives the City certain legal rights to withold issuance of Building Permits for up to 6 months. The purpose is to provide the City an opportunity to acquire the right-of-way for the street. Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the motion carried. . Councilmember Kedrowski raised the issue of a potential conflict of interest with the Best and Flanagan lawfirm. They represent the City as part of the MVT A and are now representing the Kop family. MOTION BY KEDROWSKI TO ASK BEST AND FLANAGAN TO REMOVE THEMSELVES AS REPRESENTIVES OF THE KOPS ON THE KOP FARM ACQUISITION BECAUSE OF A POTENTIAL CONFLICT OF INTEREST. . Mayor Andren said MVT A is a transportation issue, and she thought it was far enough removed, but would defer to attorney. . City Attorney Pace said she is more concerned about the appearance of whether there is a conflict. . Counci1member Mader said the question is appropriate, but the Council cannot make a decision on who the Kops choose for representation. . Mayor Andren said the Kops can hire whoever they want, and unless there is a conflict of interest, she would be very uncomfortable eliminating attorneys for the Kops. 8 . Councilmember Kedrowski said he was not suggesting a problem, but there is a potential for conflict. . Mayor Andren said it is common sense that the firm represents the interests of MVT A, not necessarily specific interest of the City of Prior Lake unless it involves transportation. . Councilmember Kedrowski withdrew the motion. . Mayor Andren said she spoke with Mark Goracke who had a concern with the Flood Plain Ordinance. He said Rick Johnson (who spoke at the Forum) has gutted his home and moved out without a building permit. There are two things he brought up that should be looked into. She said she did not know how the flood plain ordinance was applied. She said she told him he could look at the files if he wanted to. One of the things he was concerned about was that he was not clear on what our City determines is a structure. The staff should look at the flood plain ordinance and give some guidance for future requests. Whatever defines structure or what people can and cannot do to it. She said there is an opportunity for improved communication between the Planning and Building Department. She said people said they are not getting the same answers from all staff members. There is a lack of coordination. When someone comes in for a project, they are told what they need and are told different things by different people. She said she was afraid that had been a chronic problem and now there is an opportunity for improvement. . City Manager Boyles said the staff has taken two steps, one of consolidating Planning and Building and the other of coming up with checklists. He said many of the Building Permits will now be passing through planning. He said staff was taking aggressive action. . Mayor Andren asked when will that be accomplished. . City Manager Boyles said it was an ongoing effort. . Mayor Andren asked if there was some kind of contact person who has all the answers. . City Manager Boyles said there will be examples of specific sorts of plans and what a homeowner or builder needs with each. He said they understand they have to go extra mile with homeowners. . Councilmember Mader said that the flood plain situation affects over 80 homes. He was surprised the City did not have this kind of request in the past. Reading the ordinance, he said he interpreted it the way the homeowner did. To flood proof the addition and not the rest of the house makes no sense. The City was imposing that the homeowner spend $4,000 to $5,000 on something that serves no purpose. The City should look at the ordinance and come up with a better way to deal with it. Otherwise it will come up again and again. . Mayor Andren said one of the requirements is flood proofing a garage. This merits defining what is reasonable and logical. . Planning Director Rye said there is a lot more to it than flood proofing a 6 x 10 addition. In order to be eligible for flood plain insurance, there must be a flood plain ordinance. 9 . Mayor Andren asked if it was a federal ordinance and DNR was involved. . Planning Director Rye said the flood plain ordinance was a federal requirement administered by the DNR and was intended to reduce damage to flood plain property. . Mayor Andren asked whether a mortgage could be obtained without flood plain insurance. . Planning Director Rye said it was difficult. . Councilmember Mader said Rick Johnson indicated he was not required to get flood insurance and had a mortgage. . Planning Director Rye said his department gets many calls on whether property is in the flood plain from lenders. . Mayor Andren asked about the outlet that opens to let water out of the lake. . Planning Director Rye said the capacity of outlet is 50 cubic feet per second, so it is slow. . Counci1member Robbins asked for a clarification of whether DNR is involved. . Planning Director Rye said yes. . Mayor Andren said there has to have been some kind of criteria in establishing the ordinance. . Planning Director Rye said the staff has an extensive handbook to implement the ordinance. . Mayor Andren said so there is something they can define. . Planning Director Rye said they can do that without amending the ordinance. . Mayor Andren said that the handbook would be very helpful. . Councilmember Mader mentioned a paragraph in the City Manager's letter to Mr. Johnson regarding alterations or additions to a nonconforming structure. He said when you read it from a fundamental english language perspective, you could interpret it to read that if you make an addition, you can't in the process make an addition that would increase the potential for flood damage for the structure that was originally there. . Planning Director Rye said the other context is flood insurance. An addition could increase damage potential, and increase cost. . City Attorney Pace said it was a confusing provision unless read in entirety. . Planning Director Rye said in reference to people's complaints about different answers, there are people out there who are not liking what they hear. He said in defense of his staff, they work very hard at giving people the information they need. 10 .111.-" . Mayor Andren concurred. EXECUTIVE SESSION: . Council went into Executive Session to discuss pending litigation at 9:40 p.m. . Council adjourned from Executive Session at 10:44 p.m. MOTION BY MADER SECOND BY ANDREN TO ADJOURN THE MEETING Upon a vote, ayes by Andren, Kedrowski, Mader, and Robbins, the meeting adjourned at 10:45. Executive Secretary 11