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HomeMy WebLinkAboutAgenda & Minutes AGENDA Date: November 3, 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 ll:J.voices to be Paid. B. Consider Approval ofRe-appointments to the Park Advisory Committee. C. Consider Approval of Addendum to Police and Fire Protection Agreement Between the Shakopee Mdewakanton Dakota Community and City of Prior Lake. 5. PRESENTATIONS: A. Mayor Andren-Proclamation Declaring Youth Appreciation Week - Second Week of November, 1997 B. Sandee Wright and Business Owners- Timothy Avenue / CSAH 42 Intersection. 6. PUBLIC HEARINGS: A. Special Assessment Hearing for 1997 Improvement Projects 95-07 Mushtown Road and 97-17 Pike Lake Trail and Consider Approval of Resolution 97;JfX Adopting the Assessment Roll for these Projects.,' ;' 7. OLD BUSINESS: ,. . A. Consider Approval of Resolution 97-)0(' a Request to Extend Deadline for Submittal of Final PUD Plan for Eagle Creek Villas Assisted Living Facility Project. 8. NEW BUSINESS: A. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: A. Set Meeting Date to Canvass Election Results - Proposed: Wednesday, November 5, 1997,5:30 p.m., City Hall 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 1620€)>~gle Creek Ave. s.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER /" / r' REGULAR CITY COUNCIL MEETING MINUTES Date: October 20 , 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, City Engineer Ilkka, Assistant City Engineer McDermott, Parks and Recreation Director Hokeness, Parks Supervisor Friedges, Recreation Supervisor Esser, Finance Director Teschner and Recording 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: minutes amendments MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE OCTOBER 6, 1997 CITY COUNCIL MEETING. . Councilmember Robbins noted a revision on page 16, item D, third sentence where Councilmember Robbins asked for clarification, a line should be added that "the City Engineer responded affirmatively to that question." MOTION BY ROBBINS SECOND KEDROWSKI TO AMEND THE MINUTES. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. . Mayor Andren called the question on the main motion. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 4. CONSENT AGENDA: A. B. C. D. E. F. G. H I Consider Approval of Invoices to be Paid. Consider Approval of Treasurer's Report. Consider Approval of Animal Warden Reportfor September, 1997. Consider Approval of Fire Call Reportfor September, 1997 Consider Approval of Building Permit Reportfor September, 1997. Consider Approval of Resolution 97-90 Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. Consider Approval of Third Quarter Investment Report. Consider Approval of Third Quarter Budget Report. Consider Approval of Appointment to the Lake Advisory Committee 97-90 Liv. Communities Act Lemke Prop 16~hoogle Creek Ave. s.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42j5 AN EQUAL OPPORTUNITY EMPLOYER J. Consider Approval of Release of Easement on Lemke Property North of Gateway Street. K. Consider Approval of Minnesota Service Cooperative Joint Powers Agreement for Group Employee Health Insurance Benefits. Health Ins Beneftis · Councilmember Mader asked that item 4K be removed from the Consent Agenda. MOTION BY MADER SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS EXCEPT FOR ITEM K. Upon a vote, ayes by Andren, Kedrowksi, Mader, Robbins, and Schenck, the motion carried. · INTRODUCTION: Mayor Andren indicated she wanted to make an addition to the agenda to allow the new Police Chief to introduce himself. Bill O'Rourke, the new Police Chief who will start with the City on November 1, introduced himself. He said he had been with the Minneapolis Police department for 22 years. He explained his philosophy that a community gets the type of law enforcement that it demands and officers should police others as they would want to be policed. The Mayor and Councilmembers welcomed Mr. O'Rourke and said they were looking forward to working with him. 5. PRESENTATIONS: School Board Referendum A. November General Election Referendum, Renee Clark and Superintendent Les Sonnabend. · Superintendent Les Sonnabend gave a presentation regarding the upcoming special referendum issue proposed by the School District. They are in need of a referendum bond issue to keep pace with growth. Recently, they had planned to open the new Glendale Elementary with 420 students but they ended up with over 520 students. There are 360 students in kindergarten. He said this year's graduating class is 240. They are growing and right now there is room. They want to be a part of the partnership that draws businesses and new residents. There are four questions: dollars per student to control class size, reduction in activity fees, technology, and land. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97- 91 EXPRESSING SUPPORT FOR THE PRIOR LAKE - SAVAGE SCHOOL DISTRICT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. B. Consider Approval of Resolution 97-92 Approving the Sale of$1,065,000 in General Obligation Bonds. Res 97-92 Sale of G.O. Bonds · Steve Mattson of Juran and Moody said they opened bids this morning and received a low bid from Cronin and Co., Inc. There were two other bond sales, Freeborn County and City of Fergus Falls, neither of which competed with Prior Lake. He said the City's issue retained the A2 rating with Moody's Bond Rating. If things go the way they have been going, Prior Lake will be looking at another increase in rating to A soon. This will save taxpayers J02097MN.DOC 2 additional money. He said he recommends approval of the resolution approving the sale of $1,065,000 in General Obligation Bonds as presented. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97- 92 APPROVING THE SALE OF $1, 065,000 IN GENERAL OBLIGATION BONDS. Upon a vote, ayes by Andren, Kedrowksi, Mader, Robbins, and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: Res 97-93 Award Bid Playground Eqt. A. Consider Approval of Resolution 97-93 Authorizing Award of Bid for the Purchase and Installation of Playground Equipment at Seven Parks. . Parks and Recreation Director Hokeness gave a presentation describing the playground equipment selection process. There were six vendors representing various manufacturers of playground equipment. Three of the six were chosen for installation in the parks based upon the age group of the users in each park. He said eventually the City will have to stay with one or two manufacturers for maintenance purposes. . Parks Advisory Committee Chair Ron Ceminsky said the seven member citizens' committee wanted longevity and durability of the equipment, and flexibility so the kids enjoy it. This will be a reflection on the City for many years. He said after evaluating the equipment, they chose the equipment that was best for the City. They chose different equipment for different age groups. The committee went out and observed each vendor's equipment including its durability, design, maintainability and installation. . Councilmember Robbins asked if it was all new equipment or replacement equipment. . Parks and Recreation Director Hokeness said they discard old equipment when it is pulled out because it is usually damaged during the removal process and the City would assume liability if it was used elsewhere under NIOSH and consumer safety regulations. There is both new and replacement equipment included in this package. . Councilmember Mader asked if there was a comparison of bids in terms of dollars from each vendor. . Jeff Schoenbauer of Brauer and Associates (hired to assist the City with RFP's) said they provided the price limit for each playground location to each of the vendors, and the vendors put forth their best proposal within the budget limitations, so there were six options to choose from for each park area. They knew what the budget was and what our objectives were. While they all knew the price, they provided a greater amount of product so the City got the best value. . Councilmember Mader said so they all are the same price. 102097MN.DOC 3 · Mr. Schoenbauer said yes. They all gave discounts from their base prices. They received more equipment for the dollar value than if they had bid otherwise. · Councilmember Kedrowski said he agrees with this bidding process. It has worked well before and benefits the City MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97- 93 AUTHORIZING THE AWARD OF BID FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR SEVEN PARKS. · Councilmember Mader said the committee has done a good job of evaluating the bids but he will be reluctantly voting against the proposal because he doesn't agree with the fact that price is not a considering factor. · Mr. Schoenbauer said it comes down to the vendor's ability to provide the best value and design. Each vendor did a substantial job of cost reduction. It was a very price-competitive process. · Councilmember Mader said he spent many years in business and if that was a good way to buy things, business world would have duplicated it. He said he would not support a process where price was not a consideration. · Councilmember Robbins asked does the proposal show the list price, so the discount is visible? · Mr. Schoenbauer said yes, but the real evaluation is in the amount and type of product. · Councilmember Robbins said so one could look at the discount and see what the price was. · Mr. Schoenbauer said yes. · Mayor Andren said in all of our Capital Improvement Programs, there has always been a price set for playground equipment. All of that information is public by law. Years ago it was $5,000 for a local park. Now its $18,000 for each neighborhood. The Council approves that information each year and the vendors know it. She said with a $7.8 million park referendum, there were probably a lot of vendors interested in the budget information already provided by the Council and classified as public data. · Councilmember Schenck said he could support Councilmember Mader on a few of the points mentioned. But they are both right. He said it is not like street re-surfacing, this process keeps the City within budget and still provides quality long lasting equipment for the children. · Councilmember Kedrowski asked who paid for the design work. · Parks and Recreation Director Hokeness said the City would have had to hire a design team if they had bid each item individually. This would have cost the City money. Under this I02097MN.DOC 4 process each vendor does the designs and technical sketches at no cost to the City. The vendors give more things and more of a variety with this process. . Mr. Schoenbauer said we had six alternatives for each park. It would not have been in the City's best financial interest to have him do the design work. This competitive proposal includes design. The Park Advisory committee did a great job and the end result is much better for the Prior Lake residents. . Councilmember Kedrowski asked if this was a standard form of bidding in the metropolitan area. . Parks and Recreation Director Hokeness said he did a survey and found that all Metropolitan Area communities used the same format unless they used the specifications provided by a specific manufacturer. . Mr. Schoenbauer said they felt they could not get the best dollar value bidding the other way. This way there is competitive cost, value, proposals and design. . Councilmember Mader stated that no one should interpret that he thought the City should hire someone to design. He said the difficulty he had with the process was setting a dollar amount. He said in talking to a couple of vendors and different communities he found they used another process. They budget it but he has not heard that anyone does it just like Prior Lake. He said he did not like the idea of setting the price and asking for bids. . Mayor Andren asked Parks and Recreation Director Hokeness if there were other communities that bid equipment this way. . Parks and Recreation Director Hokeness said he had a file in the office full of other communities that bid equipment just as Prior Lake does. . Mayor Andren said since there is a budget and it is established in the Capital Improvement Program and with the Parks Referendum how does it give the residents the best bang for the buck? . . Mr. Schoenbauer said what they have done to have competition is to ask "What can we get for the money"? It is a successful way to be sure that you are getting the best value. . Mayor Andren called the question. Upon a vote ayes by Andren, Kedrowski, Robbins, and Schenck, nay Mader, the motion carried. Res 97-94 Architect, Library B. Consider Approval of Resolution 97-94 Approving Architectural Design Firm for Dance Studio and Library . Parks and Recreation Director Hokeness introduced the Library Committee. He said it had been working for six months on this process. He said they sent out Requests for Proposal (RFP's) to 27 firms. Each of the committee members rated the design firms using a rating I02097MN.DOC 5 sheet with various criteria. They are in favor of Meyer Scherer Rockcastle (MSR) that just completed the Savage Library. They (MSR) were also willing to help with the Library Program. · Dawn Glatezel-Beck of Friends of the Library gave a brief presentation on the selection of the architect. She said they were very excited. MSR is building cutting edge libraries and building them under budget. They wanted the architect who could build the best building for the amount of money they had to spend. · Councilmember Mader said Buetow was one of the companies within the five and there is about $50,000 difference between them and MSR. Why was Buetow dropped out of consideration when they were $50,000 less? · Dawn Glatezel-Beck said they picked MSR unanimously because of their library experience and they felt comfortable dealing with them. They showed understanding of the project. A lot of the architect firms did not even mention the dance studio. The whole downtown redevelopment is within the scope of the project. The qualifications of the individual architects were better as well. · Councilmember Mader asked will the architect do architectural and structural design and provide supervision for construction to see that the library is built as designed? · Parks and Recreation Director Hokeness said yes, they will be responsible for all of those items. That is who he will work with for the rest of the project. · Councilmember Mader said MSR appears to be over budget on the library proj ects listed in the handout in the staff report. · Parks and Recreation Director Hokeness said they went over the pre-construction estimates. · City Manager Boyles listed some that were under budget for actual costs some and that were not. · Parks and Recreation Director Hokeness said there was only one publicly bid project that was over its pre-construction bid. He said they will not go over budget. · Councilmember Mader said it appears in every case it was over the bid amount. · City Manager Boyles said that is typically change orders that take place as part of the project which raise the price. The change orders are price increases for work requested by the City. · Councilmember Mader said he has no problem with this firm. He said he got feedback from friends who are in the engineering business. He said he did not think an architectural firm should necessarily be chosen because they were the lowest price, but he wanted to hear the rationale for the decision. I02097MN.DOC 6 . Councilmember Kedrowski thanked the committee for its work. When the Council gets these reports we sometimes fail to mention how much we appreciate all the time, effort and work hours, the committees put in, and he wanted to thank them. . Mayor Andren thanked the committee for its efforts on this and the other ongoing projects. The outcome of the referendum is going to be wonderful, and she thanked the Friends of the Library and Parks Advisory Committee for their work. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97- 94 AUTHORIZING CONTRACT WITH MEYER SCHERER ROCKCASTLE. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. Parking Lot Agreement. C. Consider Approval of Lease Agreement Between the City of Prior Lake and Dwane and Merlin Arndt for the Rental of a Municipal Parking Lot. . City Manager Boyles introduced the item. The City has leased the parking lot for the past 3- 4 years from the VFW. The lease agreement is a three year agreement. It is recommended for City Council approval. . Councilmember Kedrowski asked what the reason was for the 30 day cancellation clause. . Finance Director Teschner said the owner wants flexibility to make sure he can recover property tax increases from year to year in his lease fee. . City Manager Boyles asked how much it has increased. . Finance Director Teschner said from $3,000 to $3,200 for the past three years. . Councilmember Schenck asked about the zoning in the area. . Finance Director Teschner said he was not familiar with the zoning in that area. MOTION BY ROBBINS SECOND BY KEDROWSKI TO APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND DW ANE AND MERLIN ARNDT FOR THE RENTAL OF A MUNICIPAL PARKING LOT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. Res 97-95 Traffic Signals. D. Consider Approval of Resolution 97-95 Authorizing the Execution of a Cooperative Agreement with Scott County for the Installation of Traffic Signals at the Intersection of County State Aid Highway 21 and Main Avenue. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97- 95 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF CSAH 21 AND MAIN AVENUE. 102097MN.DOC 7 · Councilmember Mader said there was a steering committee presently working on the downtown area. If they want the steering committee to work with some freedom, maybe they should wait on this. The ultimate design ofthe library/dance studio is not yet set and we have lived without a stoplight there. He said it would be better to wait for reports from the steering committee. · Councilmember Kedrowski said no more access points would be allowed by Scott County. Many have said that that place is an accident waiting to happen. As far as the design goes, he said there is no reason to delay this. · City Engineer Ilkka said it is correct that the County would probably not allow anymore access points on County Road 21. · Councilmember Mader said in a very short time they would have firm answers on some of those questions and he was reluctant to commit to the expenditure now. If downtown business owners feel it is important then waiting a couple months is not a bad idea. · Mayor Andren said this has been a long standing issue with the business community. When there was a downtown plan several years ago, business people wanted it as convenient and safe as possible for motorists to get into downtown main street. That particular plan was supported. The steering committee is to continue the process that was started five years ago. The broad concept of the area is not going to change. The street is not going to change, the light is not going to change, and there needs to be some mechanism so people would notice the downtown. At that time, Scott County was not crazy about putting a light there. People have gone through a lot of trouble to try to get a signal in place, and there is finally a mechanism to do it. · City Engineer Ilkka said at this point actual construction would not commence until next season, so if something came up in the interim, like with the Steering Committee, they could certainly work with it. · Councilmember Robbins said she participated in discussions on this when she was with the EDC with the signal issue several years ago and that was true of the downtown business owners wanting a signal there, it was certainly a safety issue. · Councilmember Schenck said concerns about the signal came up on the downtown steering committee's tour of downtown. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Robbins, and Schenck, nay Mader, the motion carried. County Road Turnbacks 8. NEW BUSINESS: A. Consider Approval of Policy Regarding Turnback of County Roads. I02097MN.DOC 8 . City Manager Boyles introduced the item. The City Council directed that staff prepare a policy regarding tumbacks. They have done that. The roads under consideration for turnback are 170th street from 13 to Panama (the street behind County Market) County Road 39 or Franklin Trail and County Road 81 from Highway 13 to County Road 12. There has been a proposal indicating a county staff perspective and what they would do before turning it over to the City of Prior Lake. Staff thinks if roads are to be turned over they should be in maintainable shape. For example, Scott County estimates $36,000 to provide for maintenance and upgrading of Franklin Trail. The City staff estimates at least $85,000. Savage has a perspective similar to Prior Lake. The purpose of the item is to have the City Council discuss it. . City Engineer Ilkka said it was not staffs perspective to have County Roads brought up to complete City standards, with curb and gutter, etc.; it is only to have them take care of what has been neglected. They should do the maintenance that has been neglected. He said the staff would propose a three phase action plan. The first step would be an assessment and evaluation of the road by a consultant. The second phase would include correction by the County based upon the consultants report findings. Finally, they would recommend to the Council that they be accepted as City streets and henceforth it would be the City's responsibility to maintain the roadways. He said he did not have any argument with the proposed segments coming back to the City other than their current condition. They do function as local streets. . Councilmember Kedrowski thanked City Engineer Ilkka. He asked what was the County's reaction. . City Engineer Ilkka said the county does not acknowledge difference in levels of traffic in rural townships versus cities. . Councilmember Kedrowski said he would like to see the Council adopt a policy and negotiate with the County. . Scott County Commissioner Barb Marschall said she had no questions on the proposed policy. She asked if there had been any other road turnbacks to the City or was this the first. She said the Cities of Savage and Shakopee were also concerned, and the County needed to adopt a policy. . Mayor Andren said no turnbacks that she is aware of. . Commissioner Marschall said there was a large gap between the City and County estimates, and the County needed to adopt a policy. She thought that if the three cities proposed a consistent policy it is most likely to get a hearing. . Mayor Andren said the policy as it stands seems fair. She said the roads have not been adequately maintained. This is something they should talk with the County about. . Commissioner Marschall agreed. She said if there has been something neglected between City versus Township tumbacks by the County, then the County needs to do something. I02097MN.DOC 9 . , · Councilmember Schenck said he would like to see an amendment that the cost be shared equally by the City and the County for the evaluation so there is no question as to what the outcome is. He said he was concerned with 170th street, which is not in the CIP. What impact would doing anything to 170th have on CSAH 23? He said he did not want to do something to 170th that would be destroyed by changes. · City Engineer Ilkka said an evaluation would take that into account. · City Manager Boyles said another issue is that the Prior Lake boundary runs down the center line of I 70th between Highway 13 and County Road 23. · Mayor Andren said if eventually this is adopted with the roads that are listed here, it should be clear that it is not a precedent setting policy, and other roads may require other terms or agreements. If there are any further proposed tumbacks, they would be separate. The attorney has suggested that a paragraph be inserted regarding the particular roads included here. She said if the County has a list of other proposed tumbacks that have been made so the Council could look at it, that would help. · Commissioner Marschall said she will have County Engineer Larson provide a list. · Councilmember Mader said he agreed with Councilmember Schenck that the cost should be shared for a consultant. Is the implication of this that the consultant's determination is final? Will the County follow the determination? · City Engineer Ilkka said that may depend on the position the County would take. If the County wanted to they could give us a road tomorrow. The City hopes to get the best deal that they can. If they want to make an amendment that the recommendations could be agreed upon by both parties and binding, they could do so. · Councilmember Mader said if they are going to treat this as a policy, they should add that the consultant's decision be binding. Otherwise they are throwing away money on the consultant. · City Engineer Ilkka said it would be difficult to bind the County since it has no effect on them. Ifthey don't complete it in accordance with recommendations the City could resist the turnback. · Councilmember Mader said he thought this was a general policy not just for these three projects for County Road Tumbacks. · Councilmember Schenck said he thought Councilmember Mader was right and it was a general broad turnback policy. · Councilmember Mader said whether it was general or specific he was not concerned with. He said if the City will hire a consultant and they have an agreement with the County it should have some weight. They should be working toward something that the county will be able to work with. I02097MN.DOC 10 . City Engineer Ilkka said as of today the City has no agreement with the County. He said he would recommend it as a general policy. . City Attorney Pace said it would be in the best interest of all the cities in the County to reach an agreement they can all accept. The Council can ask the County to develop a general policy that is negotiated and all can live with. She said if adopted, this is not enforceable, but there would be leverage with the other cities. . Councilmember Kedrowski said the purpose is to layout some guidelines and this is a starting point. . City Attorney Pace said the Council may want to talk with state legislators about changing the law to adopt policies reflective of true costs. . Councilmember Robbins asked about the two year warranty. . City Engineer Ilkka said it is typical of developer contracts. . Councilmember Robbins said it is standard in the contracts, so it is not just related to maintenance. You would not add curb and gutter where it wasn't needed. . City Engineer Ilkka said that was correct. . Councilmember Schenck asked does the County have a policy that relates to this. . Commissioner Marschall said they have looked at things like cost per mile on rural roads, and a physical inspection. There is a base formula, but she is not sure about a specific policy, though there are general guidelines. . Councilmember Schenck asked would it be worth putting something together with representatives of townships and work with cities? . Commissioner Marschall said it would help for entities to get together. The policy should be across the board, not just for one turnback. She said they have dealt with townships, and getting into the City limits is a different area. They should get together to develop a policy. . Councilmember Schenck said perhaps something could be agreed upon at the County level. MOTION BY KEDROWSKI SECOND BY ROBBINS TO USE THE POLICY AS A GUIDELINE TO NEGOTIATE AN AGREEMENT WITH THE COUNTY REGARDING TURNBACKS. MOTION BY MADER SECOND BY SCHENCK TO AMEND THE MOTION TO MODIFY THE RESOLUTION TO REFLECT A CHANGE IN THE FIRST LINE TO INCLUDE SHARING BY CITY AND COUNTY OF COSTS FOR A CONSULTANT. I02097MN.DOC 11 " Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the amendment carried. · Mayor Andren called the question on the main motion. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the main motion carried. Res 97-96 Feasibility Report and 98 Public Improvement B. Consider Approval of Resolution 97-96 To Accept a Feasibility Report and Call for a Public Hearing on 1998 Public Improvement Projects. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 97-96 TO ACCEPT A FEASillILITY REPORT AND CALL FOR A PUBLIC HEARING ON 1998 IMPROVEMENT PROJECTS. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 9. ITEMS REMOVED FROM CONSENT AGENDA 4k) Consider Approval of Minnesota Service Cooperative Joint Powers Agreement for Group Employee Health Insurance Benefits · Councilmember Mader asked if there were any legal liabilities from going from a private insurance program to a joint powers agreement program. · City Attorney Pace said she worked with Finance Director Teschner and the City Manager to modify the Joint Powers Agreement. This agency is authorized by statute to do this. There are 105 entities who have joined and save money that way. They were able to have them take out the language that was offensive to the City concerning liability. · Finance Director Teschner said the entity has been in existence for 15 years. It IS a cooperative of counties, cities, and school districts. · Councilmember Mader said the staff report says the City contributes 100% individual coverage, but the entire cost increase responsibility of employee, According to the report, 27% of those participating are single coverage. · Finance Director Teschner said the cost increase over $405 is assumed by the employee. MOTION BY MADER SECOND BY SCHENCK TO ADOPT THE JOINT POWERS AGREEMENT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 10. OTHER BUSINESS: · Mayor Andren said the committee met to interview the EDA applicant. The Mayor, City Manager, Bob Barsness, President, and Don Rye, City Planner. It was a unanimous decision I02097MN.DOC 12 ~ ,. to recommend Mike J. Gresser's appointment to the Economic Development Authority. Mayor Andren said the committee would like the Council to consider the recommendation. MOTION BY KEDROWSKI SECOND BY MADER TO APPOINT MIKE GRESSER TO THE ECONOMIC DEVELOPMENT AUTHORITY TO FILL THE TERM OF ROSANNE CAMP AGNOLI. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. . Mayor Andren said the next item involves the City's finances. There is a lot of misinformation and lack of knowledge on City Finance procedures and the City Budget. There was a suggestion that the Council establish a citizens' workshop to answer questions. She said it should be done before the Truth In Taxation hearing on December 3rd. There should be 2-3 dates open so if a person can't make one specific night they can come to another. Citizens Finance Workshop MOTION BY ANDREN SECOND BY KEDROWSKI TO ESTABLISH CITIZENS' WORKSHOP ON GENERAL CITY FINANCE BUDGET PRACTICES ONE ON NOVEMBER 18TH AND ONE AT THE DISCRETION OF THE CITY MANAGER TO BE HELD BEFORE THE TRUTH IN TAXATION HEARING ON DECEMBER 3RD. . Councilmember Mader asked are we setting a date? . City Manager Boyles said there were two Tuesdays in November, the 18th and 25th. . Mayor Andren said it needs to be advertised in the Prior Lake American and they should put it on cable. She said she did not know how many people would show up. . Councilmember Mader said he was not sure what they were voting on. . Mayor Andren said the 18th will be the first date and the City Manager will find one other date. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. . City Attorney Pace asked if it was for the Council. . Mayor Andren said it was for the public and staff. She said she wanted the staff to inform the public on any questions they would have. She said it would not hurt the Councilor anyone running for Council to attend. . Mayor Andren said she has received a number of letters from residents with amphitheater proposal concerns. Credit River does not have facilities to provide sewer and water to that particular site. There needs to be a town meeting for the residents of Prior Lake to voice their concerns. Whoever wants to be heard can be heard. This is a major proposal and all of the concerns need to be laid out. I02097MN.DOC 13 · Councilmember Kedrowski said his understanding is Prior Lake will have no impact on this decision at all, it is the Scott County Board. · City Attorney Pace said it may put the City at a disadvantage in the annexation situation if we start talking about policy here. There are terms and conditions under which City would be willing to do ajoint powers agreement. Take those negotiations into consideration. · Mayor Andren asked can people come in under a forum and give us their opinion on the amphitheater proposal? .. · Commissioner Marschall said she receives 4-5 phone calls and letters a day. They will have more information tomorrow. Right now, she does not know. She said before the City schedules something they should have the information available. Amphitheater Proposal MOTION BY ANDREN SECOND BY KEDROWSKI TO SET UP A TOWN MEETING HOSTED BY THE CITY COUNCIL AND STAFF TO RECEIVE COMMENTS FROM RESIDENTS AFTER RECEIVING INFORMATION FROM SCOTT COUNTY REGARDING THE PROPOSED AMPHITHEATER. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. · Mayor Andren said she received a letter from Senator Robling that there are grants available for an Outdoor Recreation program. She passed the information on to staff. · Mayor Andren said she really enjoyed the hand out that the attorney gave the Council on Public Contracts and competitive bidding. · City Manager Boyles said on the deletion of the retaining wall on the Wensmann property, the 7/3/96 concept plan is not the one referred to in the letter but is identical to 7/16/97. One has an overlay oftopography, but it has the same number of office buildings proposed. Pike Lake Road Findings MOTION BY SCHENCK SECOND BY MADER TO ACCEPT FINDINGS RELATING TO THE RETAINING WALL AND THE CONCEPT PLAN FOR PIKE LAKE ROAD. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. · City Manager Boyles referred to the Weekly Update concerning Term Limits for PAC members. Staff would be bringing back recommendations to extend the terms for a few members until the referendum construction is completed. · City Manager Boyles asked for Civic Education proposal feedback. · Mayor Andren asked about M.C. Gresser's letter to City Manager Boyles regarding his article. · City Manager Boyles said the article was on forming partnerships and M.C. Gresser was offended and said he would sue the City if it tried to mediate in his business. I02097MN.DOC 14 . . . . . Councilmember Mader said the Saturday Prior Lake American contained a legal notice stating the term for Mayor was two years instead of four. He asked if there were implications for the ballot. Finance Director Teschner said there were no implications and they would put notices in the voting booths that the term was four years and a correction will be put on the sample ballots. Councilmember Mader asked the City Attorney if she had a problem with the fact that the ballots at the polling places will contain the error. City Attorney Pace said she could not comment. She said she wasn't aware of it and asked that Finance Director Teschner put down his conversation with the state in writing. Mayor Andren said have we informed the County that our terms are four years? . Finance Director Teschner said yes. The state recommends leaving off any information that is not required on the ballot. II. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT: The Council adjourned to Executive Session to Discuss Pending Litigation at 10:10 p.m. Dunn The Council adjourned the executive session at 10:38 p.m. MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE THE STIPULATION AGREEMENT WITH RESPECT TO THE DUNN PARCELS AND CONDEMNATION AGREEMENT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADJOURN THE MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the meeting adjourned at 10:41 M. l{;/~ Recording Secretary Oden I02097MN.DOC 15 ..