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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA OCTOBER 20, 2003 ** 8:30pm ** Fire Station No.1 NOWORKSESSION The School District is conducting its annual Community Fall Fesffrom 6:30pm-8:30pm at the new High School 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 8:30 p.m. 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opporiunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as pari 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 OCTOBER 6,2003 MEETING MINUTES: 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non controversial are included as pari 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 Treasurer's Report C) Consider Approval of Building Permit Report D) Consider Approval of Animal Control Monthly Report. E) Consider Approval of Monthly Fire Call. F) Consider Approval of 2003 Third Quarter Budget Report. G) Consider Approval of 2003 Third Quarter Investment Report. H) Consider Approval of a Joint and Cooperative Agreement for the Use of Fire Personnel and Equipment and Authorizing the Mayor and City Manager to execute the Agreement. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7, PUBLIC HEARINGS: A) Public Hearing to Consider Approval of a Resolution Vacating Easements and a Portion of the Duluth Avenue Right-of-Way located on and Adjacent to Lots 1-2, Block 1, Enivid First 16000 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -- -' Addition (United States Postal Service Site). 8. PRESENTATIONS: A) Architect Christopher Olson will Present the Plans for the New 19,000 sq. ft. Post Office Scheduled for Completion next July. B) Proclamation Declaring October as Toastmaster Month in Prior Lake, 9. OLD BUSINESS: A) Consider Approval of a Resolution Authorizing Toltz, King, Duvall, Anderson and Associates Inc. (TDKA) to Provide Professional Engineerin9 Services 10 Prepare a Feasibility Study for a Pedestrian Underpass on CSAH 82, B) Consider Approval of a Resolution (1) Authorizing the Mayor and City Manager to Enter into a Traffic Control Signal Agreement with MnDOT, the City of Savage and Scott County for Installation, Operation and Maintenance of a Traffic Signal on TH13 at the Intersection of Boudin Street, Commerce Avenue and South Park Drive; and a Temporary Traffic Signal at CSAH 42 and TH13; and (2) Authorizing Payment to MnDOT for State Furnished Materials for the Boudin I Commerce I South Park Signal. . 10. A) NEW BUSINESS: Consider Approval of a Letter with Recommendations Regarding the Scott County Highway Department Draft 2004-2009 Capital Improvement Program. B) Consider Approval of Southwest Metro Groundwater Work Group Memorandum of Understanding. C) Consider Approval of a Resolution Authorizing Fayade Improvement Assistance for Harry Tupy for the Hair Mate and Kapaun Realty Building. D) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement with the City of St. Paul to Facilitate the Award of Bid for the Purchase of Self- Contained Breathing Apparatus (SCBA) Equipment. E) Consider Approval of Appointments to Planning Commission and Lake Advisory Committee to Fill Existing Vacancies, 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 102003 REGULAR COUNCIL MEETING MINUTES October 6, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, City Engineer McDermott, Assistant City Engineer Poppler, Finance Director Ralph Teschner, Planning Coordinator Kansier, and Administrative Assistant Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opporlunity 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. No persons were present to speak at the Public Forum. APPROVAL OF AGENDA: Blombera: Requested adding an item under Other Business to discuss the recent Autumn Gathering recreation program. MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried, APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE SEPTEMBER 15, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried, Bovles: Introduced the new Communications Coordinator Nathan Oster who recently joined the City staff. Also introduced Erica Wittekind who is the new government reporter for the Prior Lake American. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 03.164 Approving Second Supplemental CIC Plat for TimberCrest. (C) Consider Approval of Resolution 03.165 Approving Full and Final Payment for Reconditioning of Tower Street Water Tower. (D) Consider Approval of Resolution 03.166 Authorizing Fund Transfers Necessary for the TH13 I Commerce I Boudin Intersection Improvement Projects. (E) Consider Approval of Resolution 03-167 Approving the Common Interest Community Number 1079 (Deerfield Condominium) Seventeenth Suppiemental CIC Plat. (F) Consider Approval of Resolution 03.168 Approving a Wetland Replacement Plan for the Mystic Lake Golf Course. 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 DRAFT October 6, 2003 MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE PUBLIC HEARINGS: Special Assessment Hearing for 2003 Improvement Project. Bovles: Introduced the item and explained the public hearing process and the process for submitting appeals to the special assessment. Also noted that he had received one written notice of appeal at that time. Poppler: Discussed the project status in connection with the staff report. Teschner: Reviewed the funding sources and unit assessment policy. Mayor Haugen declared the public hearing open. Zieska: Asked if the 40% that the City picks up by the community as a whole is for the street reconstruction only. Also asked for an explanation why residents in the project area have to pay for the project prior to its completion. Also asked if an interest deferral continues to accrue interest past the ten years of the bonds. Teschner: Confirmed that the community's portion is for street reconstruction and based upon the premise that there is public use of the streets beyond what is primarily used by the neighborhood residents. Discussed the timing for certification of the assessment to the tax rolls, and that if the assessment was delayed, Ihere would be an increase in the cost of the project in order to cover the interest accrued during that one year period. With regard to assessment deferral, explained that current practice is that the deferral would only have interest payable during the ten year period. Added however, that there is nothing that binds future Councils to that practice or policy. Frank Muelken (15685 Fish Point Road): Commented on behalf of Helen Videen formally objecting to the amount of the assessment. Dan Loftus (5204 Hope StreeQ: Submitted a written objection to the 100% assessment for his property on Hope Street. Grea McClanahan (5212 Hope StreeQ: Also submitted a written objection to the 100% assessment for his property on Hope Street. Further discussed that the policy for first time improvements should not apply in this case because other properties in the area also did not pay for street improvements at the time of the development of the remainder of the Hope Street area. Further contends that the gravel road, which was paid for by the five lots that are being charged 100% allocation, had better road conditions than the bituminous roadway. Further objected that the road project does not enhance the property values at the cost of the improvement. Did not believe the benefit of the project was equal to the cost of the assessment. Teschner: Clarified that the assessment policy is not predicated upon whether the properties actually paid for the cost of the street as part of an assessment, but rather whether an improved road is in place. Claire Peske (5220 Hope StreeQ: Commented that the homeowners on the lake side of the road not only did not pay for the cost of the initial road, they received additional land when the prior road was realigned. 2 City Council Meeting Minutes DRAFT October 6, 2003 Teschner: Explained that the cost of any improved road, when roads are installed by a developer, are built in to the costs of the purchase price of the lots. Claire Peske: Clarified that the amount of the benefit does not equal the cost of the improvement, and it doesn't seem fair that she would have to pay a greater assessment. Grant Leonard (5230 Hope Streen: Very happy with the quality of the improvements. Discussed the history of the area and agreed with the comments of his sister Claire Peske. Commented that he is being assessed for two lots at1 00%. Believes the second lot is un buildable. Objected to the disparity between the 40% assessment and the 100% assessment. Also would like to further discuss deferring the assessment on the second lot. Submitted a written objection. Teschner: Explained that in the case of Mr. Leonard's vacant lot, the Council does have the option to defer the assessment until such time as a building permit is issued. It would be a Council policy decision. Jeff Huenecke (15720 Mitchell Circle): Commented that the improvements look very nice and are a great benefit. Suggested that for future improvements, it would be helpful to have a City staff person to go through and do the follow up on issues and be a liaison between the homeowner and the utility companies. There could be a better communication effort. MOTION BY ZIESKA, SECOND BY PETERSEN, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Blombera: Asked staff the most appropriate way to work to defer the assessment for Mr. Leonard's lot until such time as building actually occurs. Would support that action. Supported the proposed assessment roll otherwise. Bovles: Reviewed the options for the Council at this time. Zieska: Discussed the City's special assessment policy and how important it is for the City to be consistent from year to year. Further discussed that statute provides that cost cannot exceed the benefit to the property. Believed the City numbers are supportable. Did support the deferral of the assessment for Mr. Leonard's second lot. Otherwise, he is very comfortable with the submitted assessment roll. LeMair: Agreed with the comments of Council members Blomberg and Zieska. Did appreciate Mr. Huenekce's comments and believed that brainstorming additional ways to improve communication would be valuable. Zieska: Also complimented staff on working with the homeowner's association on the assessment for the common property. Petersen: Did understand Mr. Huenecke's concerns about improved communication, but did see some problems with creating an additional step between utilities companies and the homeowners by involving a City staff person. Hauaen: Agreed with the comments of his colleagues and support the proposed assessment roll. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 03-169 ADOPTING THE ASSESSMENT ROLL FOR THE 2003 IMPROVEMENT PROJECT, AND DEFERRING THE ASSESSMENT FOR LOT 48 ON THE ASSESSMENT ROLL UNTIL SUCH TIME AS THE LOT IS BUILDABLE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT October 6, 2003 PRESENTATIONS: Fire Prevention Week Sames: Provided a report on efforts of the fire department to partner with adjacent communities to save costs and provide better services, and on Fire Prevention Week. Petersen: Asked if technology utilized by the Fire Department is similar to that used by Police officers in their vehicles. Sames: Commented that MDTs are cost-prohibitive at this point, but is likely to come on-line in the next few years. Zieska: Asked Chief Sames to comment on the burn on Saturday. Sames: Commented that the Fire Department conducted a live bum as a training exercise this past Saturday. The training is invaluable, but the red tape is difficult, and the neighborhoods are inconvenienced. The Department has begun to discuss other options for training facilities. Zieska: Asked how persons can apply for a position on the fire department. Sames: Advised that the City will be taking applications beginning in November. Those applications can be obtained from City Hall. Hauaen: Commented on the efforts of the Scott County Association for Leadership and Efficiency to have Scott County and its cities work together to look at the issues for constructing a cooperative training tower. Went on to thank the Fire Department volunteers for their invaluable efforts every day. OLD BUSINESS Consider Approval of a Resolution Rejecting All Bids for Construction of Rainwater Garden Project. McDermott: Reviewed the agenda item in connection with the staff report. LeMair: Asked how bids were sought and why so few bidders participated. Also asked the timeline for the project. McDermott: Commented that seven bidders were on the bidders list. Did not know why more bids weren't submitted. The target was to have the grading work completed this fall, with plantings next spring. Petersen: Commented that there appeared no reason why the project shouldn't be bid with the street reconstruction if it meant saving costs. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-170 REJECTING ALL BIDS FOR CONSTRUCTION OF THE RAINWATER GARDEN PROJECT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving Change Order for a Material Change and Additional Work if Needed for Reconditioning the Crest Avenue Water Tower. McCormick: Reviewed the agenda item in connection with the staff report. 4 City Council Meeting Minutes DRAFT October 6, 2003 LeMair: Asked if the water tower is currently out of service. When will work on the exterior begin. McCormick: Advised that since September 16th the tower has been out of service. Work began this week on the exterior. Explained that work is occurring on the inside and outside of the tower at the same time. Weather permitting, work occurs on the outside. If conditions are not favorable, the conlractor works on the inside. All told, the process needs another few weeks, excepting the outside finish coat. Blombera:Asked when the tower can be operational given the work. McCormick: Explained that once the weather remains at 30 degrees or colder for a period of time, the contractor and staff will determine a final stop date. The water tower will then be filled. Blombera: Disappointed with Mother Nature and the deiay in the project, but believed it important to do the best possible project. MOTION BY LEMAIR, SECOND BY BLOMBERG, APPROVING RESOLUTION 03.171 APPROVING A CHANGE ORDER FOR A MATERiAL CHANGE AND ADDITIONAL WORK IF NEEDED FOR RECONDITIONING THE CREST AVENUE WATER TOWER. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Accepting the CSAH 12 Realignment Study. McDermott: Reviewed the agenda item in connection with the staff report, advising that this joint project is targeted for construction in 2006. LeMair: Asked what approval the Council is being asked to give. McDermott: Explained that approval of the Realignment Study authorizes the staff to proceed targeting a particular alignment and then proceed to gather more detailed information and address more of the issues. Zieska: Believed that the alignment proposed is the best corridor for CSAH 12 improvements, even though the final detailed alignment may need to change slightly. Petersen: Explained that there will be many more opportunities for public input, and more opportunities for addressing the issues associated with any final plan. Blombera: Advised that the City conducted a work session with the County on this issue prior to the meeting. Several concerns were raised, including speed along the roadway, which will be addressed as the project moves forward. Believes the County representatives are very receptive to obtaining public input and making this project the best it can be. Hauaen: Understood the concerns of the people in the neighborhood and commented that developer driven growth will continue. This project is in response to the City's needs to continue to change and manage that growth. Suggested that as the project moves forward, work is done to address the concems with the road access to the Stemmer properly, and to be sensitive to the impacts the improvement will have on the existing neighborhood. 5 City Council Meeting Minutes DRAFT October 6, 2003 MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-172 ACCEPTING THE CSAH 12 REALIGNMENT STUDY AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS Autumn Gathering Event Blombera: Complimented staff on a very well attended free community event this past week at Lakefront Park. The event included horse-drawn hay rides, famiiy crafts, refreshments, and a climbing wall. With no other comments from Council members, a motion to adjoum was made and econded. The meeting adjoumed at 9:25pm. 6