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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA April 7, 2008 6 p.m. City Hall to 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concems to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City govemmental topics rather than private or political. agendas. The City Council will not take formal action on issues presented during the Public Forum. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF MARCH 17,2008 MEETING MINUTES 5. 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 Approval of a Resolution Approving an Amended Agreement Establishing a Transit Review Board and Planning Team for Scott County Communities. C. Consider Approval of the First Quarter Budget Report D. Consider Approval of the First Quarter Investment Report. E. Consider Approval of a Massage Therapy License for Marion Hertaus. F. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the Purchase and Installation of a Security Fence at the Public Works Maintenance Facility. G. Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for the Annual Spring Clean-Up Day, April 19, 2008. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. New Downtown Business (Mary Bigler - Maui Wowi) 8. PUBLIC HEARINGS: NONE 9. OLD BUSINESS A. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract for Street and Utility Construction for the 2008 Street Reconstruction Project (City Project 08-11). B. Consider Approval of Two Resolutions: 1) Accepting Proposals and Authorizing Bolton & Menk, Inc. to Provide Construction Staking for the 2008 Construction Projects; and, 2) Accepting Proposals and Authorizing Braun Intertec to Provide Construction Testing for the 2008 Construction Projects. C. Consider Approval of a Resolution Authorizing Release and Distribution of a Request for Qualifications and Proposal for Downtown Redevelopment. D. Consider Approval of a Report to the City Council Regarding TH 13 and CR 12 Intersection. E. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2008 Street Overlay Project. 10. NEW BUSINESS A. Consider Approval of Resolutions Related to Fire Station No.2: (1) Accepting Quotes for Landscaping Materials, (2) Authorizing Purchase of Office Fumiture, (3) Approving Change Order, and (4) Report on Construction Schedule and Budget. B. Consider Approval of a Senior Care Overlay District in the C-4 (General Business) Zoning District for Fountain Hills. C. Consider Approval of a Resolution Authorizing Execution of a Lease Agreement with Maui Wowi for Lease Space in the Library I Resource Center. D. Consider Approval of a Resolution Authorizing the Initiation of Quick Take Eminent Domain Proceedings for Property Located at 16328 Main Avenue SE (formerly the Minnesota Nails Building). E. Consider Approval of a Resolution Approving an Amendment for Shepherd's Path Planned Unit Development. F. Consider Approval of a Resolution Urging the Minnesota House, Senate and Govemor Pawlenty to Support the Capital Bonding Request Submitted by Scott County for the S.C.A.L.E. Regional Public Safety Training Facility. G. Consider Approval of a Resolution Approving Sale of $945,000 General Obligation Refunding Fire Station Bonds, Series 2008A. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 12. ADJOURNMENT City Council Meeting Minutes March 17, 2008 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Hedberg and LeMair, City Manager Boyles, City Attomey Pace, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Walthers-Moore, Planner Matzke, Public Works Director Albrecht, Public Works Coordinator Wittkopf, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assis- tant Green. Councilors Erickson and Millar were absent. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It is no longer than 30 minutes in length and each speaker will have a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City government topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: John Champine, 3192 Butternut Circle, expressed concern about whether the dock policy could be imple- mented giving an example of the ten-foot ruling resulting in not being able to put a boat lift next to the dock. Encouraged an adjustment on that. Noted that many people have multiple recreational watercraft that re- quires small lifts that are not very intrusive on the lake and he believes those should be allowed and distin- guished from full-size lifts. Joe Whitney, 14492 Glendale, does not understand if it is the City or the Department of Natural Resources who will be telling property owners what they can do with docks. Asked if a friend would be allowed to park at a dock. Asked who determines where the property line is out in the lake stating the proposed guidelines are not very clear. APPROVAL OF AGENDA MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE MARCH 3, 2008, MEETING MIN- UTES AS PRESENTED. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes March 17, 2008 DRAFT C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 08-034 Extending the Deadline for Submittal of a Final Plat for Maple Glen 3rd Addition. G. Consider Approval of a Resolution Authorizing the Purchase of: 1) One Sterling L T9500 Tandem Dump Truck, 2) One Holder SidewalklTrail Machine, 3) One Toro Multi-Pro 5700D Herbicide Sprayer, and 4) One Ford F550 and Appurtenant Equipment. H. Consider Approval of Resolution 08-035 for a Revised Mutual Aid Agreement for Police Services with Scott County and Other Scott County Law Enforcement Agencies. I. Consider Approval of Resolution 08-036 Approving a Joint Powers Agreement Between the Cities of Prior Lake, Savage, Shakopee and Scott County to Establish, Equip and Operate the Tri-City Tactical Team. J. Consider Approval of Resolution 08-037 Renewing an Access Agreement Between the State of Minnesota, Department of Public Safety and the Prior Lake Police Department for a Connection to the Minnesota Repository of Arrest Photos. K. Consider Approval of Temporary On-Sale Intoxicating Liquor License for the Church Of St. Michael Aprilfest. L. Consider Approval of a Taxicab License for Southwest Metro Taxi. M. Consider Approval of Resolution 08-038 Accepting Quotes and Authorizing Staff to Contract with Haulers I Vendors to Provide Services for the 2008 Annual Spring Clean-Up Day. N. Consider Approval of Resolution 08-039 Authorizing a Special Hunt. Councilor Hedberg requested removal of item 5G, Consider Approval of a Resolution Authorizing the Pur- chase of: 1) One Sterling L T9500 Tandem Dump Truck, 2) One Holder SidewalklTrail Machine, 3) One Toro Multi-Pro 5700D Herbicide Sprayer, and 4) One Ford F550 and Appurtenant Equipment, from the Consent Agenda. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MODI- FIED. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. Hedberg: Commented that a new practice of a thorough analysis of equipment regarding whether it should be leased purchased new or used, etc., has been added this year, and that analysis resulted in the deter- mination to purchase a used piece of equipment and cause two items to be subjected to further analysis. Believes the process demonstrates good fiscal prudence in making equipment purchases. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-040 AUTHORIZING THE PURCHASE OF: 1) ONE STERLING L T9500 TANDEM DUMP TRUCK, 2) ONE HOLDER SIDE- WALKlTRAIL MACHINE, 3) ONE TORO MULTI-PRO 5700D HERBICIDE SPRAYER, AND 4) ONE FORD F550 AND APPURTENANT EQUIPMENT. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. PRESENTATION Presentation on Electronics Recycling Cari Tupy from Waste Management was present to inform the Council that an electronics recycling pro- gram will be conducted on April 11 and 12, from 9 a.m. to 4 p.m., at Canterbury Park, as well as on the fol- 2 City Council Meeting Minutes March 17, 2008 DRAFT lowing weekend at the Minnesota Zoo. The program involves a free drop-off site for residential electronics for all Minnesota residents. Tupy listed acceptable and unacceptable materials and stated that more infor- mation is available at www.wmtwincities.com/electronics. Comments: Hedberg: Stated that these are the kind of materials that overwhelm the Prior Lake Clean-up Day so it is helpful to have this event. Believes everyone should take advantage of this. LeMair: Agreed the event will be a nice asset to the community. Haugen: Noted this event is a great example of corporate responsibility. Asked what cost it involves for Waste Management. Tupy: Replied that it is a significant cost, but Waste Management is an environmental company and wants to provide opportunities for residents to recycle. Presentation Regarding the 20th Annual Prior Lake Clean-up Day and Bridging Public Works Coordinator Wittkopf provided information about the 20th annual cleanup day for residen- tial materials. It will be held on April 19 from 8 a.m. to noon at the Twin Oaks Middle School and is open to residents from Prior Lake and the Credit River and Spring Lake townships. Noted there is a gate fee of $5 with additional fees for certain items. Provided information about items that are acceptable and also infor- mation about how dispose of hazardous wastes. Explained that changes are planned for next year to in- clude more environmental and Earth Day events which may involve a bigger location, educational material, tree sales, composting information and solicitation of volunteers for environmental activities around the city. Comments: Hedberg: Noted that the Clean-up Day is becoming a long-standing tradition and residents now have sev- eral programs that allow clean up. LeMair: Asked if car batteries would be accepted. Wittkopf: Yes, as general recycling. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Policy Guiding the Placement of Personal Docks in the City of Prior Lake Building and Transportation Services Director Kansier indicated that prior to 2004, the responsibility for dock placement guidelines rested with the Department of Natural Resources (DNR) and now it is part of the City's responsibility. A task force was created to draft a policy for non-commercial properties and to look at how the language in the zoning ordinance could be clarified for enforcement issues. Public input was so- licited and reviewed for incorporation into the policy. Noted that the proposed policy is not an ordinance, but rather guidelines for people to use. Discussed ways to get information about the dock policy out to Prior Lake's 975 riparian lot owners. RECESS Mayor Haugen called a recess at 6:40 p.m. RECONVENE The meeting reconvened at 6:48 p.m. 3 City Council Meeting Minutes March 17, 2008 DRAFT Comments: Hedberg: Believes this policy is a positive step forward. Commented that DNR guidelines were inconsis- tent and misguiding. Stated he served on the Lake Advisory Committee last year when it began work on dock placement guidelines and learned that riparian law, which is the law governing shoreline, is almost a guideline for making case-by-case decisions because circumstances are all so unique. This proposed dock policy clears up the message that we are giving to people. It is a good neighbor policy. Everyone with a riparian lot has a right to access to the water and no one can act to infringe upon the access to the lake by his/her neighbor. This information represents a significant improvement to that which has been given to people in the past. Believes because riparian law is case-by-case, this first step taken to establish a policy is the right thing to do. Believes there are issues with marinas - people who are renting out their docks to other boaters - and this policy has established a set of rules that can be communicated to people about what they should not do. Asked about the intention of the ten-foot space between the boat slip and dock. Kansier: Replied that the objective was to maintain separation to allow boats to get around the docks and was intended more for neighboring owners. Slips may be next to docks. Hedberg: Commented that could be clarified with some word changes. Noted that this proposed policy does not involve the City with enforcing specific rules, but is a good next step. Some people commented that this is taking the value from their property, but it only tells them that their docks cannot infringe upon their neighbor's ability to have access to the lake. LeMair: Stated that the first committee he served on as a Councilor was dealing with docks. Agrees with the spirit of the policy, but has a difficult time acting on something that is not enforceable. Believes that by the time individuals get to the Council with a complaint, the situation has become difficult; and if neighbors cannot solve it, he is not sure why unenforceable guidelines would solve it. Believes it is an effort in futility and the court system is in place to solve problems that escalate to that level. Likes putting the boat lifts and docks off the property line to allow for some beach space. Noted that there are ordinances to deal with people who are running marinas on private property and those ordinances should be enforced. Haugen: Noted there are only a handful of incidents each year and is not certain there is a magnitude of problem to fix. Not sure a policy will help people who don't have a spirit of cooperation with their neighbor. This process began when the DNR abandoned its authority to regulate the location of docks in 2004. Most of the things in the policy are common sense, but if there is no ordinance, it doesn't get us to where we want to be. All metro lakes are wrestling with the problem and it would be nice if the DNR came up with an appropriate set of guidelines and enforced them. Hedberg: Reiterated that the City routinely sends out DNR guidelines which give bad direction and create problems. Gave an example of disagreement where one neighbor used DNR guidelines and blocked the ability of another neighbor to put a dock in the water. Believes that many of the things are not common sense and odd-shaped lots create conflicts when trying to follow the DNR guidelines and we need to stop sending it out. This proposed policy defines a good neighbor policy. Believes the City should not get in- volved with ordinance, permitting and enforcement; but should not keep sending out bad information. Haugen: Asked Hedberg if he believes people are confused by information from the DNR and if this policy would fix that as opposed to having an ordinance. Hedberg: Replied that reasonable people will follow guidelines if they have them. There is regular turn- over of lakeshore owners and this policy is an improvement because it tells people that they have access to the lake and cannot infringe on neighbor's access. That statement alone is an improvement and is the es- sence of riparian rights. Haugen: Asked if a good neighbor policy was part of DNR guidelines. Hedberg: Replied it is not, and that their guidelines only refer to projecting the lot lines into the water which only works on straight lots. 4 City Council Meeting Minutes March 17,2008 DRAFT LeMair: Noted that the DNR information would still be out there and having this new policy might create further confusion. Asked if the objective should be to get the DNR to change their guidelines. Hedberg: Replied the DNR is finding it difficult and believes it will be a long time before they establish rules. Riparian law would say that rules cannot be hard and fast because situations are so unique. LeMair: Asked what should happen on lots where people are not following this policy's rules. Hedberg: Replied the policy is not an ordinance that requires enforceability; but, if someone new moves in, they have good guidelines. Believes if neighbors have worked out a system, they are following a good neighbor policy already. LeMair: Queried whether the rules would not apply if a group of neighbors is working things out. Hedberg: Replied that is the right approach for now because it does not require enforceability but it would offer guidelines and be a source for neighbors to use together. The guts of the policy is to be a good neighbor and not infringe upon each other's rights. leMair: So if neighbors cannot work it out, they will end up in court. Hedberg: The guidelines that have been sent out in the past extended the property lines straight out into the water resulting in some people losing their space. Because those guidelines are erroneous and in con- flict with other documents on their Website, this is a significant improvement. Haugen: Will support this because DNR guidelines as currently written send erroneous message and are inconsistent with other DNR guidelines. This policy does not take anything away from neighbors who al- ready have a system that works; and, the proposed policy describes a method for extending the lot lines into the lake that are more clear that those provided by the DNR. Hedberg: Commented that it is interesting that there are documents on the DNR Website that get at what is written in the policy - that different circumstances call for different interpretations - but their general guidelines are wrong. This policy is more consistent with other documents on the DNR website. Haugen: Suggested that language be added that the policy is not intended to have the City become the resolver of disputes, but rather to try to give good neighbor direction to people so they can work together. Pace: Suggested that the policy could state that there may always be people who will have disputes; and that the DNR policy is difficult to interpret and this policy is intended to bring clarity. Hedberg: Summarized that the policy could be amended to let people know it is not intended to resolve disputes, but rather to clarify information from the DNR that may be confusing; and that it is meant to main- tain ten feet of separation between neighbors docks rather than that you can't put your boat slip next to your dock. MOTION BY HEDBERG, SECONDED BY HAUGEN TO ADOPT THE POLICY WITH THREE AMEND- MENTS: 1) THE POLICY IS NOT INTENDED TO RESOLVE DISPUTES, 2) THE POLICY IS INTENDED TO CLARIFY ANY CONFUSION THAT MAY BE CAUSED BY THE DNR GUIDELINES; AND 3) THE POL- ICY IS NOT INTENDED TO REQUIRE PEOPLE TO SEPARATE THEIR DOCKS FROM THEIR BOAT LIFTS. VOTE: Ayes by Haugen and Hedberg. LeMair opposed. The motion carried. Consider Approval of a Resolution Approving the Easement Agreement for the Itasca Watermain Extension Public Works Director Albrecht reviewed the agenda report explaining that these improvements will be included as part of the Brooksville Hills project and reviewed the costs involved. Comments: LeMair: Will support stating this is a reasonable amount to pay for the easement. 5 City Council Meeting Minutes March 17, 2008 DRAFT Hedberg: Concurred stating this extension is an important part of our long-term plan and the City has used the proper process. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 08-041 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE ITASCA WATERMAIN EXTENSION EASEMENT AGREEMENT. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. NEW BUSINESS Consider Approval of an Ordinance Amending the Zoning Map for Property Located at 15875 Frank- lin Trail NE (Northgate Center) from Neighborhood Commercial (C-1) to (C-4). Planner Matzke informed the Council that Northgate Center is requesting rezoning to allow for different types of uses as they are having trouble filling up their space. Described adjacent property uses explaining that the requested C-4 (general business) zoning allows for higher density uses. Noted that the proximity to school would disallow liquor sales uses. Staff recommends approval. Comments: leMair: Stated the request seems reasonable and will give property owners an opportunity to rent their property, which is good for the community. Noted there are no directly abutting residential properties that would be impacted. Hedberg: Concurred. Queried if C-1 is adjacent to residential. Matzke: Affirmed that is the intent of C-1 noting that the school is considered residential, but no residential homes are adjacent. Hedberg: Noted that before the school buildings were built, there were homes adjacent to this site. It was zoned correctly when it was built and it is right to change it to C-4 now to provide additional flexibility for the owners to market it. Will support. Haugen: Agreed that the residential component has changed and C-4 will be consistent with use of the property across the street. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE ORDINANCE 108-01 AMENDING SEC- TION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. Consider Approval of a Report Regarding Idling of Engines City Manager Boyles reviewed the agenda report and requested that the Council provide direction on in- tent, time limit, zoning district, exemptions and fines if it wished to adopt such an ordinance. Noted that enforcement would be difficult. Comments: Hedberg: Asked what experience we have with complaints from businesses or residents about idling. Boyles: Replied that Chief O'Rourke says such complaints are not tracked, but that occasional calls come in; generally, about a commercial vehicle idling in a residential neighborhood. Hedberg: Noted that current diesel engines are much more efficient without needing to keep them idling for very long. Believes the cost of fuel already discourages people from idling. Suggested that a program to educate people makes sense as an alternative to ordinance. 6 City Council Meeting Minutes March 17, 2008 DRAFT leMair: Concurred. Commented that this may be a hornet's nest and he cannot even imagine the re- sources that would have to be put into enforcing it. Asked the willingness of the County Attorney to prose- cute such ordinance. Haugen: Stated his reason for pushing the awareness of it is to get into energy conservation. Has ob- served buses idling in moderate temperatures and he views that as a waste of energy and a contribution to air pollution. Noted it was not his intent to restrict residential idling and he does realize the complexities of such an ordinance and difficulty in enforcement. Broader education encouraging limited idling would have merit in gaining broader attention about the issue in our community. MOTION BY HEDBERG, SECONDED BY LEMAIR TO DIRECT STAFF TO PREPARE CONSERVATION TIPS AND A COMMUNICATION PLAN FOR GETTING THAT INFORMATION OUT TO THE PUBLIC TO ENCOURAGE AWARENESS OF CONSERVATION AND POLLUTION REDUCTION MEASURES. VOTE: Ayes by Haugen, Hedberg and LeMair. The motion carried. OTHER Community Events Hedberg: Reminded the audience of electronic recycling day and clean-up days. LeMair: Congratulated the Prior Lake Youth Wrestling team for its win in the USA state team tournament. ADJOURNMENT A motion was made by LeMair and seconded by Hedberg to adjoum the meeting. With all in favor, the meeting was adjourned at 7:50 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 7