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HomeMy WebLinkAbout051903 Regular REGULAR COUNCIL MEETING MINUTES May 19, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeUair, City Manager Boyles, City Attorney Pace, City Engineer McDermott, Planning Coordinator Kansier, Administrative Assistant Meyer, and Communications Coordinator Christoph. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns 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 governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. No persons were present for the public forum. APPROVAL OF AGENDA: Bo¥1es: Advised that the Soccer Club has requested that Presentation Item (A) be rescheduled to a subsequent meeting. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE MAY 5, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Blomberg, Petersen, Zieska and LeUair, the motion carried. Mayor Haugen abstained due to his absence from the May 5, 2003 meeting. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE THE MAY 12, 2003 SPECIAL MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Resolution 03-77 Approving Final Plat and Development Contract for Wilds North 2nd Addition. (F) Consider Approval of Resolution 03-78 Amending the Creekside Estates CIC Plat. (G) Consider Approval of Resolution 03-79 Approving Acquisition of a Parcel from Charles and Joy Schmaltz for the Ring Road and Authorizing the Mayor and City Manager to Execute all Documents to Effectuate the Purchase. BOYLES: Reviewed the Consent Agenda items. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes May '19, 2003 MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: NONE PRESENTATIONS Presentation on Prior Lake/Spring Lake Outlet Box and Channel Improvement Project (Craig Gontarek and Ed Matheson) Ed Matheson: Explained the draft Prior Lake outlet and water management plan developed by the Watershed District and the rationale for those conclusions, including the process to date, strategies for managing water into Prior Lake and water through the channel, issues requiring channel and outlet improvements, data collected and incorporated into the plan, improvements proposed, and projected benefits of the improvements. Crai.q Gontarek: Commented that the common sense solution generally seems to be to build a bigger outlet and channel. However, it seems that any jurisdiction, including the DNR, Shakopee, MN Fish and Wildlife, all say that is not possible. In addition, the costs to complete a project of that type is cost-prohibitive. After all the study, this proposal seems the best cost alternative. The whole process is a constant balancing act to manage the water coming in with the water going out. We believe that this vaded approach, addressing all of the little things, will mitigate the impacts on the Lake. The idea now is to continue to communicate as additional develop is proposed and takes place that will impact the Lake. LeMair: Asked why there is resistance from other jurisdictions to making the outlet channel larger. Gontarek: Advised that it depends on a particular agencies mission. For example, the MN Fish & Wildlife Assoc. don't like the idea of a lot of storm water coming down to the Minnesota River Valley Wildlife Refuge because of the content of the water. The City of Shakopee is concemed about flooding with additional water. So far, this proposal meets with the approval of all these jurisdictions. Zieska: Commented that the Watershed District does a very good job, even though it is often an unpopular one. Believed the approach is the best one - to prevent water coming into the Lake. Petersen: Asked if there would be a point to removing the 34 inch restrictor on the 54 inch pipe up by CSAH 42. Also commented that he would like to see the improvements to the outlet first, rather than last on the list. Also asked if opening the outlet sooner, or for a longer period, makes an impact by releasing too much water. Gontarek: Noted that the outlet is a 54 inch pipe, so the maximum flow is through that 54 inch pipe. Removing the restrictor would still allow only the flow allowed by the size of the pipe, which in this case is 54 inch. Matheson: Commented that the idea is to have a stable channel before we have a higher continuous flow in the channel. Further noted that the outlet has been opened earlier each year in recent years for a longer period of time because we have more water coming in for a longer period of time. The discharge rate is limited to 65 cu. ft./second, so all the water coming in over the 42 sq. mile watershed, can't exceed 6§ cu. ft. / sec. It's a very limited amount of discharge. It is inevitable that we will need to extend the period of discharge as time goes by. Hau.qen: Asked how much water has been drained from the Lake over the last 20 years. 2 City Council Meeting Minutes May 19, 2003 Matheson: Estimated about 10,000 acre feet of water per year. If water was not drained from the Lake, it would naturally run to the property on the Target site in Savage. Presentation of New Prior Lake Web Site at www. cityofpriorlake, com (Renuka Christoph) CHRISTOPH: Briefly reviewed the City's new web site for Councilmembers, noting that in many cases the site information is still a work in progress, and is very much a living site that will continue to evolve. Hau.qen: Complimented staff and the web committee on its efforts for the site and in promoting it. OLD BUSINESS: Consider Approval of the County Assessor's Report from the May 5, 2003 Board of Appeals ARNOLD,: Reviewed the findings for properties at 5331 Frost Point Circle SE, and 14934 Pixie Point Circle, in accordance with his final report. MOTION BY ZIESKA, SECOND BY LEMAIR, AFFIRMING THE COUNTY ASSESSOR'S VALUATION FOR TAXES PAYABLE 2004. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. Consider Approval of Two Resolutions (1) Accepting Bids and Awarding Contract for Street and Utility Construction for the 2003 Improvement Project #03-11 and (2) Authorizing McCombs Frank Roos Associates Inc. to Provide Construction Surveying for Project #03-11 Poppler: Reviewed the agenda item in connection with the staff report, including bids received, assessments, funding sources, and work to be completed. Boyles: Pointed out that the action before the City Council tonight is to award bid. The issue of special assessments is a headng to be conducted before the City Council in October. Also pointed out that Larry was Pace: Added that the amount not to exceed should be included in the Contract for Professional Services. Blomber.q: Asked for clarification as to the increase in the proposed assessment for the Condons/Hope/Mitchell area. Poppler: Advised that some additional sanitary sewer work is necessary behind Mitchell Circle. Some additional road work was also required. Petersen: Believed the bid process was favorable. Zieska: Asked that the Finance Department double-check their numbers because sanitary sewer improvements are typical funded by the Enterprise fund, so there is some confusion how that work can affect the assessed portion. MOTION BY PETERSEN, SECOND BY BLOMBERG APPROVING RESOLUTION 03-80 ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE 2003 IMPROVEMENT PROJECT #03- City Council Meeting Minutes May 19,200:?, 11 TO MCNAMARA CONTRACTING, INC. OF ROSEMOUNT, MINNESOTA IN AN AMOUNT NOT TO EXCEED $2,071,104.86. Zieska: Asked when the project can begin. Poppler: Advised that the contractor is ready to begin and eager for the work. Hopefully, late June. VOTE: Ayes Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 03-81 AUTHORIZING MCCOMBS FRANK ROOS ASSOCIATES INC. TO PROVIDE CONSTRUCTION SURVEYING FOR THE PROJECT IN AN AMOUNT NOT TO EXCEED $39,800. VOTE: Ayes by Haugen, Blomberg, Petersen, Ziesak and LeMair, the motion carried. Consider Approval of Resolution Approving Full and Final Payment for (1) ~999 Street Reconstruction Project (Candy Cove), and (2) 2000 Street Reconstruction Project (Oakridge). McDermott: Reviewed the agenda item in connection with the staff report. LeMair: Asked if when there is an overrun, how the process actually works. McBermott: Advised that in this case, there was some oversight on the part of the staff. No change orders were issued. Since this incident, the process has been streamlined and provided for more efficient management. It is difficult to stop a contractor on site to complete a change order in instances where poor soils are encountered. Zieska: Many parts of improvement projects are guesstimates. Believed that the staff has taken measures to more efficiently manage the costs of the project. Blomberfl: Pointed out that there is a silver lining in that the City has accrued interest on the money it has not been required to pay over the past three years. Hauflen: Understood that changes take place in the field. Suggested that additional communication take place so that the Council is made aware of such issues ahead of time. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 03-82 APPROVING FULL AND FINAL PAYMENT FOR 1999 STREET RECONSTRUCTION PROJECT (CANDY COVE). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 03-83 APPROVING FULL AND FINAL PAYMENT FOR 2000 STREET RECONSTRUCTION PROJECT (OAKRIDG£ CIRCLE). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Resolutions (1) Approving Plans and Specifications for the Ring Road Phase 3 (City Project #02-06); and (2) Authorizing the Placement of No Parking Signs on the Ring Road and CSAH 23. 4 City Council Meeting Minutes May 19, 200:?, McDermott: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the new roadway will impact the County Market building. McDermott: Advised the road alignment will actually improve access to the area. The road runs between the County Market site and the McDonalds site and connects to Tower Street. Adding a signalized intersection on TH13 at that point will also improve access both to the County Market ! UcDonalds area, and the Five Hawks area. MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 03-84 APPROVING PLANS AND SPECIFICATION FOR THE RING ROAD PHASE 3 (CITY PROJECT#02-06). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. MOTION BY PETERSEN, SECOND BY BLOMBERG, ADOPTING RESOLUTION 03.85 AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON THE RING ROAD AND CSAH 23. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. Consider Approval of Resolutions Regarding the Commerce / Boudin / TH13 Intersection Improvement Project (City Project No. 02-05): (1) Approving the Execution ora Cooperative Agreement with the City of Savage; (2) Approving Plans and Specifications for the Project; (3) Authorizing the Placement of No Parking Signs on Boudins Street and Commerce Avenue; and (4) Approving a Hold Harmless to the State of Minnesota for a Variance from a State Aid Design Standard. McDermott: Reviewed the agenda item in connection with the staff report. LeMair: Asked the timeline for completing negotiations with the four property owners. Pace: Advised that if negotiations fail, the Council has previously authorized the City Attomey to commence condemnation. Regardless of beginning the condemnation proceeding, the City will continue to negotiate a resolution with the property owner. Blomber,q: Believed the partnership with the City of Savage is valuable. Asked if the Savage City Council has taken action on this item. McDermott: Advised that the Savage City Council was also considering the item tonight. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVING RESOLUTION 03-86 APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF SAVAGE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. MOTION BY LEMAIR, SECOND BY ZIESKA, APPROVING RESOLUTION 03-87 APPROVING PLANS AND SPECIFICATIONS FOR THE PROJECT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. MOTION BY LEMAIR, SECOND BY ZIESKA, APPROVING RESOLUTION 03-88 AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON BOUDINS STREET AND COMMERCE AVENUE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. 5 City Council Meeting Minutes May '19, 2003 MOTION BY LEMAIR, SECOND BY PETERSEN, APPROVING RESOLUTION 03-89 AUTHORIZING A HOLD HARMLESS TO THE STATE OF MINNESOTA FOR A VARIANCE FROM A STATE AID DESIGN STANDARD. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. Consider Approval of a Resolution Confirming City Council Action to Select the Lakefront Park Site for the Police Station / City Hall / Community Center and Directing the Architect to Undertake Additional Site Analysis to Refine the Project Cost Projections. Boyles: Reviewed the agenda item in connection with the staff report, noting that the action tonight does not set any specific timeline for commencement of the project, and that the City will honor the life estate currently in place on the property. Blomber.q: Believed there had been no resounding voice opposed to the Lakefront Park site, and therefore feels confident that the Councirs initial review and choice for the Lakefront site was correct. Petersen: Believed that in comparison to other communities experiencing growth similar to ours, the Prior Lake facilities are far less than acceptable working conditions. Agreed that the Lakefront Park site seems the best site and efficiently uses City resources. Zieska: Agreed with Councilmember Petersen that the facilities used by the Police Department and City staff are woefully inadequate. Also repeated that the City will honor the life estate for Meda Kop and that no timeline for the project has been determined. LeMair: Supported selection of this site, and believed the project necessary, and that this is an important project in implementing the 2020 Vision by tying Downtown to the lake. Hau.qen: Summarized the comments of the other Councilmembers and noted his agreement. Also clarified that in the past there had been discussion of a petting farm or historic farm site on the Kop farm property, but that no provision included that type of project in the Referendum language. Petersen: Added that the Kop farm property and management of a petting farm is impractical and very costly. Hau,qen: Added that there is also clarification needed to be sure that funding or land provided through the Park and Library Referendum is not inappropriately used. Those types of discussions will follow. MOTION BY PETERSEN, SECOND BY BLOMBERG, CONFIRMING THE LAKEFRONT PARK SITE AS THE ONE SELECTED FOR THE FUTURE POLICE STATION ! CITY HALL / COMMUNITY CENTER SITE AND DIRECTING THE ARCHITECT TO UNDERTAKE ADDITIONAL SITE ANALYSIS TO REFINE THE PROJECT COST PROJECTIONS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. NEW BUSINESS Consider Approval of a Resolution Approving a Preliminary Plat for Windsor Estates of Prior Lake. KANSlER: Reviewed the agenda item in connection with the staff report. 6 City Council Meeting Minutes May 19, 2003 Zieska: Asked staff and contractor to work with the residents in the area and from a public safety perspective on the median closing and having the construction traffic exit directly onto CSAH 42. Kansier: Advised that the construction traffic can be addressed through the development agreement. The median closing will have to be coordinated with the County. Petersen: Commented that the roadway alignment creates a long straight stretch of roadway that may bdng about an issue with excessive speed. Kansier: Confirmed that the alignment is longer and straighter than staff would have liked, but there were little alternatives. Blomber,q: Supported the name change for the street. Asked what the neighborhood will use for a park. Kansier: The hope is that the issue can be addressed with a future development. There was little usable or appropriate area for a park on this site. Zieska: Asked the relationship of the roadway to the Gregory property. Kansier: Commented that Mr. Gregory has concern with roadway lighting onto his property, but also the ability to save his home within future developments. He has some valid concerns, but they are issues of growth of the area in general and not specific to this plat. MOTION BY BLOMBERG, SECOND BY PETERSEN, APPROVING A RESOLUTION 03.90 APPROVING A PRELIMINARY PLAT FOR WINDSOR ESTATES OF PRIOR LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. Consider Approval of a Resolution Approving a Comprehensive Plan Amendment for Outlot I and J, The Wilds, from CHG (Hospitality General Business) to RHD (Residential High Density). Kansier: Reviewed the agenda item in connection with the staff report. Bo¥1es: Asked the designation on the south side of CSAH 42 and CSAH 83, and the west side of 83. Kansier: Explained that both properties are either general business or community commemial designations. Community commercial is a lower intense use such as stdp mall type uses, not as long hours. General commercial is similar in its types of uses, but are generally bigger in size. The west side of 83 is approximately 40 acres with significant wetlands on the site. The east side is approximately 15-20 acres. Zieska: Asked about increased traffic in the area with high-density vs. commercial designations. Kansier: Commented that staff did receive a letter from the City of Shakopee expressing concern about increased traffic in the area. The staff determined that a high-density residential designation would generate equal to or less than the amount of traffic generated by a commercial use. Therefore, the traffic issue was not relevant beyond the typical issue of the additional traffic you get with any type of development. LeMair: Asked if the units would be owner-occupied. 7 City Council Meeting Minutes May 19, 2003 Kansier: Noted that Shamrock Development is currently in discussions with Wensmann Homes for the development. Wensmann typically builds owner-occupied homes. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 03-91 APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR OUTLOT I AND J, THE WILDS FROM CHG (Hospitality General Business) to RHD (Residential High Density). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. Consider Approval of a Resolution Approving a Concept Plan for Stemmer Ridge. Kansier: Reviewed the agenda item in connection with the staff report. Larry Frank (Arcon Development): Provided additional detail of the proposed project, discussing the existing family homes, their concurrence with staff recommendations, and the options and issues that still remain with the alignment of CSAH 12, sewer and water extension, park land, ponding, and docks. LeMair: Asked the proposed lot sizes. Frank: The final look will probably be about a 1/3 acre sites, but some additions may need to be added to accommodate the size homes required today. Blomber.q: Given that there will likely be more than one builder constructing homes in the area, asked if the idea of a varietal aesthetic is more or less appealing in a development. Very concerned that the project include a park where those 100 property owners and families can go. Frank: Discussed the possible use of the land south of realigned CSAH 12 in addition to park land within the development. Haugen: Clarified that the property south of CSAH 12 is not intended for any type of ball fields as has been rumored. Boyles: Asked if old CSAH 12 would be vacated in this proposal. Frank: Confirmed. Consider Approval of a Report Regarding the Scott County Association for Leadership and Efficiency. BOYLES: Reviewed the agenda item in connection with the staff report. Zieska: Commented that he always knew that govemments in Scott County cooperate, but was overwhelmed by the extent of that relationship when he saw the list identifying the specific areas. Suggested shadng the list with the public by posting it on the web site. Hauflen: Provided an example of partnerships within the County by commenting on the success of the DARE graduation recently organized. OTHER BUSINESS 8 City Council Meeting Minutes May 19, 2003 Hau.qen: Advised that a joint public hearing will be held on Thursday, May 22, 2003 to gather information on the proposed orderly annexation agreement. The meeting will be broadcast live on cable channel 15. A motion to adjourn was made and seconded. The meeting adjourned at 9.'50pm.~~ FrankBoyles~ tnager -Kelly Mey~,) Recording Secretary 9