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REGULAR COUNCIL MEETING AGENDA
OCTOBER 6, 2003
7:00pm
Fire Station No.1
CITY COUNCIL WORK SESSION
The City Council will conduct a work session at 5:30pm prior to the Council
meeting on the following topics.
. CSAH 12 Realignment Study
. Update on other Transportation Projects
This meeting is open to the public.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p,m,
2. 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,
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF SEPTEMBER 15, 2003 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 Second Supplemental CIC Plat for TimberCrest.
C) Consider Approval of a Resolution Approving Full and Final Payment for Reconditioning of Tower
Street Water Tower,
D) Consider Approval of a Resolution Authorizing Fund Transfers Necessary for the TH131 Commerce I
Boudin Intersection Improvement Projects.
E) Consider Approval of a Resolution Approving the Common Interest Community Number 1079
(Deerfield Condominium) Seventeenth Supplemental CIC Plat.
F) Consider Approval of a Resolution Approving a Wetland Replacement Plan for the Mystic Lake Golf
Cou rse,
6. ITEMS REMOVED FROM CONSENT AGENDA:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
7. PUBLIC HEARINGS:
A) Special Assessment Hearing for 2003 Public Improvement Project.
8. PRESENTATIONS:
A) Fire Prevention Week Presentation
9. OLD BUSINESS:
A) Consider Approval of a Resolution Rejecting All Bids for Construction of Rainwater Garden Project.
B) Consider Approval of a Resolution Approving Change Order for a Material Change and Additional
Work if Needed for Reconditioning the Crest Avenue Water Tower.
10. NEW BUSINESS:
A) Consider Approval of a Resolution Accepting the CSAH 12 Realignment Study.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
100603
REGULAR COUNCIL MEETING MINUTES
September 15. 2003
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Council members Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney
Pace, Public Works Director Osmundson, Community Development Director Rye, Assistant City Engineer McDermott,
Planning Coordinator Kansier, Planner Kirchoff and Administrative Assistant Meyer,
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.
Bovles: Reviewed the procedure for the public forum.
Kvle Schroeder: (15557 Highland Avenue NW): Discussed concerns with noise abatement along CSAH 82, Advised that
the County suggested that noise abatement be included when developments go in. Cited an article from the August 2, 2003
Prior Lake American reporting the City Council position to not consider future noise abatement. Asked the Council to
reconsider the potential for future noise abatement, specifically along CSAH 82.
HaUllen: Commented that the issue of noise abatement was addressed at a work session, and based upon that
conversation, and due to the cost impacts, abatement measures did not seem prudent.
Zieska: Clarified that the topic of the work session was on the overall layout of CSAH 82, and the discussion dedicated to
the issue of noise abatement small in the overall context.
No other persons were present to speak at the Public Forum,
APPROVAL OF AGENDA:
Bovles: Requested an item be added under Consent Agenda Item 10G authorizing Safe & Sober Communities funding,
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE THE SEPTEMBER 2, 2003 REGULAR MEETING MINUTES
AS SUBMITTED,
VOTE: Ayes by Haugen, Petersen, Blomberg, 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.
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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(D) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approval of Monthly Fire Call Report,
(F) Consider Approval of Resolution 03-151 Authorizing Fuli and Final Payment to Davies/Northern Waterworks for the
Meter Replacement and Automated Meter Reading System Project.
BOYLES: Reviewed the Consent Agenda items.
LeMair: Requested removing item 5E.
Zieska: Requested removing Item 5F.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA ITEMS (A) THROUGH (D),
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried,
ITEMS REMOVED FROM THE CONSENT AGENDA:
(E) Consider Approval of Monthly Fire Call Report.
LeMair: Commented that 91 fire calis were responded to by our volunteer fire department. Wanted to recognize what a
great effort is made on a daily basis by those volunteers for our community.
(F) Consider Approval of a Resolution Authorizing Full and Final Payment to Davies/Northern Waterworks for the
Meter Replacement and Automated Meter Reading System Project.
Zieska: Asked if ali the meters had been replaced,
Osmundson: Advised there are two remaining.
Zieska: Encouraged residents to utilize the automated meter reading and payment.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE CONSENT AGENDA ITEMS (E) AND (F).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
PUBLIC HEARINGS:
Consider Approval of Vacation of Existing Drainage and Utility Easement on the Property at 6063 15(J1h Street,
Kansier: Reviewed the agenda item in connection with the staff report.
Mayor Haugen declared the public hearing open.
No person were present to address the Council.
MOTiON BY ZiESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
LeMair: Asked if the City paid for acquisition of the new easement.
Bovles: Advised no payment had been made,
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Petersen: Commented that generally the City does not vacate easements except for the public benefit. However, this item
seems appropriate,
MOTION BY BLOMBERG, SECOND BY PETERSEN, APPROVING RESOLUTION 03.152 VACATING A DRAINAGE AND
UTILITY EASEMENT ON THE PROPERTY AT 6063 -150TH STREET.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
PRESENTATIONS:
Concept Plans for Development of the Busacker / Blumberg Property to be Known as Heritage Landing.
Kansier: Reviewed the agenda item in connection with the staff report,
Scott McMahon (Developer): Showed a concept drawing and discussed the townhome project.
LeMair: Asked why townhomes were targeted versus single family homes, and if the developer owned the property.
McMahon: Commented that townhomes seemed the most appropriate given the site location and topography, and that the
developer is currently under contract with the landowners,
Zieska: Advised that he had seen the project presentation at the Planning Commission, Repeated the staff
recommendations in that there did not appear to be land for park, Given what he has seen to date, supported the project.
BlomberQ: Agreed with the staff recommendation regarding providing a trail.
McMahon: Commented that a similar development in Apple Valley called Cobblestone Lake favors the establishment of
trail systems. This project is model after that one. Would also like to create as many open spaces as possible and has not
given up on providing a park area in addition.
LeMalr: Asked the zoning classification of the lake, and the opportunity for docks and/or beaches.
Kansler: Explained the classification of the Natural Environmental Lake.
HauQen: Concerned with the density. Asked about mixed use for the area, Also asked the description of a row house,
Further concerned about the traffic impacts upon 150lh,
McMahon: Commented that one of the challenges of the site, in addition to the terrain, is the set back, which makes single-
family uses difficult from a financial standpoint in the area. Advised that a row house is very similar to a townhome,
LeMair: Asked if only one builder will be used,
McMahon: Advised that only one builder will be utilized, Added that of the 11,5 acres, only 7 are buildable.
HauQen: Thanked Mr, McMahon for the presentation.
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OLD BUSINESS
Consider Approval of a Resolution Ordering an Amount to be Assessed and Establishing a Special Assessment
Hearing Date for the 2003 Public Improvement Project.
Poppler: Reviewed the agenda item in connection with the staff report,
Blombera: Asked if one area came in lower than the estimate.
Poppler: Advised that the costs for both came in right on the estimate, slightly lower.
Zieska: Clarified that the assessment for the homeowners association was spread among the property owners in the area,
Hauaen: Asked the completion dates for the project.
Poppler: Advised that the Mitchell I Hope Street area is on target for completion on October 31, 2003. The 150~ Street
project should be completed by the end of September.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-153 ORDERING AN AMOUNT TO
BE ASSESSED AND ESTABLISHING THE ASSESSMENT ROll FOR THE PROJECT,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-154 ESTABLISHING A SPECIAL
ASSESSMENT HEARING DATE FOR OCTOBER 6,2003 FOR THE 2003 PUBLIC IMPROVEMENT PROJECT
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
Consider Approval of a Resolution Approving a Preliminary Plat for the Development to be Known as Crystal Bay.
Kansier: Reviewed the agenda item in connection with the staff report, noting the changes from the originally approved
preliminary plat and planned unit development, including the building style, impervious surface, and an increase in park
dedication,
leMair: Asked if the cost of the units is changing relative to the square footage.
Kansier: The square footage changed to create a more expensive unit and make the project more viable, The cost of the
units is going up.
Zieska: Asked if the footprint has been changed,
Kansier: Believed the footprint is somewhat larger.
Zieska: Supported the project given the conditions proposed by staff,
Petersen: Pointed out that there is a trailway proposed for the area, For the record, did not want the trail connection to be a
surprise later on and suggested that the developer market the units accordingly.
Blombera: Supported the project.
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HauClen: Believed this is a good example of a developer and a neighborhood meeting to address the concems of all
involved, Complimented the developer on the effort, Believed the trees may be the most effective sound barrier between the
project and CSAH 82,
MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 03.155 APPROVING A PRELIMINARY
PLAT FOR THE DEVELOPMENT TO BE KNOWN AS CRYSTAL BAY SUBJECT TO THE CONDITIONS PROPOSED BY
STAFF,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 03.156 APPROVING A PRELIMINARY
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS CRYSTAL BAY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
The Council took a brief recess.
NEW BUSINESS
Consider Approval of Grant Agreement between the Prior Lake Fire Department and Federal Emergency
Management Association (FEMA).
Sames: Reviewed the agenda item in connect/on with the staff report, noting that the grant is a 90/10 matching grant
program where the City pays 10% of the total cost. Also discussed the type of equipment the grant will purchase,
LeMair: Asked if this was equipment that would need to be replaced regardless.
Sames: Confirmed, The existing equipment has been retro-fitted over the years, but would need to be brought compliant
with new OSHA regulations,
leMair: Asked if the Fire Department pursues its own grants.
Sames: Added that Joe Zieska and Assistant City Manager Sue Walsh did much of the leg work.
Petersen: Asked if the thermal imager is a replacement or a newer model.
Sames: The thermal imager is a newer model with better technology.
Blombera: Commented that this is just another example of the staff taking great efforts to save costs for our community,
This is a $10,000 investment for a $95,000 return,
Hauaen: Thanked Fire Chief Sames and his staff for the effort they make each and every day to this community, It should
not be taken for granted.
Zieska: Commented how valuable this equipment will be to the department, and what a difference technology can make in
fighting fires, The grant is very valuable.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03.157 APPROVING THE GRANT
AGREEMENT BETWEEN THE PRIOR LAKE FIRE DEPARTMENT AND FEDERAL EMERGENCY MANAGEMENT
ASSOCIATION (FEMA).
VOTE: Ayes by Haugen, B/omberg, Petersen, Zieska and LeMa/r, the motion carried,
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Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for Erie
Avenue and Eagle Creek Avenue Rain Gardens.
McDermott: Reviewed the agenda item in connection with the staff report.
Blomberq: Clarified that the overall cost of the project is being paid primarily by the Metropolitan Council grant.
McDermott: Confirmed,
Petersen: Asked what would happen if the site in front of City Hall were redeveloped.
McDermott: Advised that any development of the site will required some storm water mitigation, and the rain water garden
will accommodate the runoff,
leMair: Asked the City Engineer to explain how a rain water garden works,
McDermott: Explained that runoff is directed into the gardens, which are a series of slopes with a flat silt bottom. The water
not absorbed through the planting beds is dispersed slowly through the silt, or through an outlet.
Hauqen: Complimented staff on seeking out the Metropolitan Council grant and in thinking of creative ways to address
problems in our downtown area,
MOTION BY PETERSEN, SECOND BY ZIESKA, APPROVING RESOLUTION 03.158 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR ERIE AVENUE AND EAGLE CREEK AVENUE
RAIN GARDENS,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Ordering Preparation of a Feasibility Study for Downtown Redevelopment (Main
Avenue and Dakota Street Reconstruction).
McDermott: Reviewed the agenda item in connection with the staff report,
leMair: Asked if an informational meeting had been conducted,
McDermott: Advised that staff was waiting until a consultant was on board,
Zieska: Supported the project. Believed it long overdue,
Blomberq: Asked if a unit assessment was also discussed,
McDermott: Advised that the Finance Director suggested studying a sliding scale as well. The issue of speciai
assessments will be further considered as the project progresses,
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MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03.159 ORDERING PREPARATION OF A
FEASIBILITY STUDY FOR DOWNTOWN REDEVELOPMENT (MAIN AVENUE AND DAKOTA STREET
RECONSTRUCTION),
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Contract Relating to
Downtown Redevelopment for the Preparation of (1) Plans and Specifications, (2) Parking Study, (3) Survey of
Downtown Properties, and (4) Layout ofTH13 / Ridgemont! Main / CSAH 44 Intersection.
McDermott: Reviewed the agenda item in connection with the staff report.
BlomberCl: Asked if the layout of the Main / CSAH 44 intersection would come back to the Council. Also asked how it is that
a parking study can be completed,
McDermott: Advised that the Council will have further opportunity to review layouts for Main / CSAH 44, and that the
parking study will be based upon the current zoning designation,
Zieska: Concerned about the timing and that the project be completed by the July 15th deadline.
LeMair: Asked how Bonestroo can come in so much lower.
McDermott: Explained that Bonestroo has worked on the rain garden project, and is already familiar with much of the
design elements we already have in mind, Therefore, they would spend less time on determining design,
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-160 AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INOT A CONTRACT WITH BONESTROO RELATING TO DOWNTOWN REDEVELOPMENT
FOR THE PREPARATION OF (1) PLANS AND SPECIFICATIONS, (2) PARKING STUDY, (3) SURVEY OF DOWNTOWN
PROPERTIES, AND (4) LAYOUT OF TH13/ RIDGEMONT / MAIN / CSAH 44 INTERSECTION,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
Consider Approval of a Resolution Adopting City of Prior Lake Data Practices Procedures and Appointing the
Responsible Authority and Compliance Official.
Walsh: Reviewed the agenda item in connection with the staff report.
Petersen: Believed it important to have the necessary policies in place,
Zieska: Believed this looked like another state mandate,
Walsh: Commented that the City has been accomplishing these measures all along, It really is just putting it down on
paper,
MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 03.161 ADOPTING CITY OF PRIOR LAKE
DATA PRACTICES PROCEDURES AND APPOINTING THE RESPONSIBLE AUTHORITY AND COMPLIANCE OFFICIAL.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
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Consider Approval of a Resolution Approving a Conditional Use Permit to AI/ow Filling and Excavation on Property
Located on the North Side of CSAH 82 and West of Mystic Lake Casino (Mystic Lake Golf Club).
Kirchoff: Reviewed the agenda item in connection with the staff report,
LeMair: Commented that there should be less traffic on CSAH 82 with the entrance being moved to Dakotah Parkway,
Rudnicki: Explained that the model will be on display at the hotel, and that the course designer Paul Miller, also designed
Legends and Willinger's courses,
Paul Miller: Discussed the course and its similarity to The Legends course, The intent is to create a real high-class resort
atmosphere in a public course,
BlomberQ: Believed developing a goif course of this caliber in the area is exciting. Asked the staff to comment on the water
runoff concerns.
Kirchoff: Advised that the engineering department has commented on the application and those conditions have been
incorporated into the permit.
LeMair: Asked the timeline for the project.
Rudnicki: Once permits are received, grading work will begin this fall. The entire project will take 16-18 months, Opening is
targeted for some time in August 2005. Also commented that three residents were at the Planning Commission that were
not happy with the project. He offered to meet with these residents to address their concerns and did not receive any
contact from those people, The SMSC will make sure that erosion control is in place,
LeMair: Asked if there is any concern with a golf hole being so close to the PlayWorks faciiity,
Miller: Explained that there is a wetland near PlayWorks which is being expanded in order to act as a buffer and also direct
the play on that hole away from the facilities,
LeMair: Asked if the facility will be alcohol-free,
Rudnicki: At this point, the facility is targeted to be alcohol.free, The SMSC believes it has been very successful at keeping
its facilities alcohol-free, That may change in the future,
HauQen: Believed the project directly addresses the 2020 Vision for the community as a recreation-oriented community,
Also commented that the City remains proud to be the home of the SMSC,
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.162 APPROVING A CONDITIONAL
USE PERMIT TO ALLOW FILLING AND EXCAVATING ON PROPERTY LOCATED ON THE NORTH SIDE OF CSAH 82
AND WEST OF MYSTIC LAKE CASINO (MYSTIC LAKE GOLF CLUB),
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
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September 15. 2003
Consider Approval of Funding Allocation for Safe & Sober Communities,
Bovles: Discussed the purpose of the program and the funding provided through the federal grant.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.163 AUTHORIZING EXECUTION
OF THE GRANT AGREEMENT FOR THE SAFE & SOBER COMMUNITIES PROJECT,
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried,
OTHER BUSINESS
Zieska: Commented that one of the Council's jobs is to be fiscally prudent. Asked the City Manager to comment on how
grants are utilized by the City,
Bovles: Reviewed the grants recently received for fire safety equipment, rain gardens, storm water management, and
public safety, noting that there is not any staff member directly responsible for seeking out and writing grant applications,
which could be a full-time effort, Any application for grants is done at the initiative of the staff,
Zieska: Commented that in working on the fire department grant, Congressman Kline's office was more than helpful.
Thanked the Congressman and his staff for their efforts.
Hauaen: Advised that the Long-Range Planning group who directed the preparation of the City's 2020 Vision and Strategic
Plan will be brought back together to review our accomplishments and re-tool the plan, This will lead to the staff developing
its 2004 objectives, Mark your calendars for October 8, 2003 at 6:30pm,
With no other comments from Councilmembers, a motion to adjourn was made an econded, The meeting adjourned at
9:15pm,
Frank Boyles. City Manager
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