HomeMy WebLinkAboutAgenda & Minutes
:30pm -- Work Session - Outlet Channel Discussion (Paul Nelson)
16200 Eagle Creek Avenue 5.11;00 PM FORUM
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING
AGENDA
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF APRIL 2, 2001 MEETING MINUTES:
4. 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 Treasurer's Report
C) Consider Approval of Building Permit Reports.
D) Consider Approval of Animal Warden Monthly Report
E) Consider Approval of Fire Call Report
F) Consider Approval of 2001 1st Quarter Investment Report
G) Consider Approval of 2001 1st Quarter Budget Report
H) Consider Approval of Two Temporary 3.2 Liquor Licenses for Prior Lake Merchant's
Softball Team.
I) Consider Approval of a Temporary 3.2 Liquor Licenses for Prior Lake Jays/Mudcats
Baseball Season.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS.:
A) Presentation: Feasibility Study on Shoreland Erosion Corrective Measures for Upper
and Lower Prior Lake (Steve McComas)
B) Presentation: Status Report on Prior Lake Transit Re-Design Project. (Sue Walsh)
7. PUBLIC HEARINGS:
A) Consider Approval of a Resolution Vacating a Drainage and Utility Easement in The
Wilds 2nd Addition.
B) Consider Approval of a Resolution Vacating a Drainage and Utility Easement in
Wensmann 1 st Addition.
8. OLD BUSINESS:
A) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Solicitation of Bids for 2001 Public Improvement Project (City Project 01-11).
B) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Advertisement for Bids for Four (4) Sets of Playground Equipment.
041601 www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
III
I
III
C) Consider Approval of a Resolution Authorizing Staff to Solicit Bids for Trails and
Basketball Courts.
D) Consider Approval of a Resolution Authorizing the Purchase of Two Vehicles under the
State Cooperative Purchasing Program; and One 4x4 One-Ton Extended Cab Pickup
with Box and Appurtenant Equipment.
E) Consider Approval of Bylaws for the Prior Lake Economic Development Authority.
F) Consider Approval of a Resolution Establishing a Per Diem for Planning Commission
and Economic Development Authority Commissioners.
G) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Solicitation of Bids for Pumphouse for Well NO.6.
9. NEW BUSINESS:
A) Consider Approval of a Resolution Approving Preliminary Plat and a Resolution
Approving a Conditional Use Permit for a 74-Unit Townhouse Development and a
Resolution Approving a Preliminary Plat to be Known as Regal Crest.
B) Consider Approval of a Resolution Approving a Conditional Use Permit to Allow the
Grading and Excavation of Property Located in Section 28, Township 115, Range 22
to Construct Dakotah Parkway.
C) Consider Approval of a Resolution Calling for a Public Hearing to Consider
Modification of the Development Program for Development District 1 and the
Establishment of a Tax Increment Financing Plan for Tax Increment District 1-3
(Lakefront Plaza).
10. OTHER BUSINESS:
A) Executive Session to Discuss Pending Litigation.
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
041601
III ir
I
[II
REGULAR COUNCIL MEETING MINUTES
April 2, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Petersen, Gundlach and Zieska, City Manager Boyles,
City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Planning Coordinator
Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. Councilmember Ericson
was absent.
APPROVAL OF AGENDA:
Gundlach: Requested that Items 9B (Consider Approval of a Resolution Authorizing the Purchase of
Two Vehicles under the State of Minnesota Purchasing Program) and 9E (Consider Approval of a
Resolution Establishing a Per Diem for Planning Commission and Economic Development Authority
Commissioners) be deferred to the next meeting until a full Council is present.
BOYLES: Requested adding a status report on temporary sign enforcement under Other Business.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
APPROVAL OF REGULAR MEETING MINUTES OF MARCH 19,2001
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE MARCH 19, 2001 MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Recycling Grant Agreement with Scott County for 2001 Spring Clean-Up
Day (April 28, 2001). Resolution 01-32
(C) Consider Approval of Final 2001 City Manager Performance Objectives.
BOYLES: Reviewed the Consent Agenda items and briefly reviewed that Saturday, April 28, 2001 was
the date for the spring clean-up.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA AS
SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
W1l
--T-
1
r II
City Council Meeting Minutes
DRAFT
April 2, 2001
PRESENTATIONS:
Mediacom Status Report on Launch of Digital Services and Customer Service - Bill Jensen
BILL JENSEN (Mediacom): Discussed customer service performance improvements including
answering calls more quickly and reduction in the number of trouble calls. Further discussed the
improvements in technology to introduce digital products and high-speed data modems. Discussed
the delay and the target for implementation in mid- to late-July.
MADER: Clarified that in mid- to late-July Prior Lake residents will be able to acquire high-speed data
modem capabilities in their homes.
JENSEN: Confirmed. Further discussed the new procedure for customer drop buries to ensure more
timely response.
GUNDLACH: Asked how many drop bury issues still exist in Prior Lake, and how firm the July date is
for high-speed modem availability.
JENSEN: Believed no more than 75 drop cables remain to be buried, and advised that July is the
firmest date for the high-speed data modem availability. Discussed Mediacom's overall project in
Minnesota.
MADER: Asked when the projected time is for having all the drop cables buried.
JENSEN: Believed that the project should be completed in about two weeks once the frost is out of the
ground.
Scott County Update - Barb Marschall and Dave Unmacht
MARSCHALL (Scott County Commission Vice-Chair): Briefly discussed the purpose for addressing the
Council at this time and introduced the County Administrator.
UNMACHT: (Scott County Administrator): Discussed the issues affecting Scott County, including
cooperative efforts to identify issues, the organizational structure of the County, goals and plans for
2000 and proposed for 2001. Further discussed County-wide transit initiatives, redistricting, citizen's
survey, electronic services and on-line improvements, Court collection services and the
Comprehensive Land Use Plan and Zoning Ordinance. Also discussed the library program and tax
rate impact on Scott County citizens. Continued to review the land use and development issues in
Scott County, the timelines for pending road improvement projects, and organizational developments.
In closing, discussed survey results and a brief history of Scott County.
MADER: Thanked the administrator for making the effort to keep the update concise and the City
informed.
GUNDLACH: Asked the County's VISion on an east-west corridor from 35W to Prior Lake, and
discussed the projections for the increased traffic flow on County Road 21.
UNMACHT: Advised that 185th is currently schedule for improvement from County Road 91 in the 5-
year CIP and are trying to time the project simultaneously with Dakota County. Advised that there are
several corridor studies addressing various areas throughout Scott County.
{PAGE}
City Council Meeting Minutes
DRAFT
April 2, 2001
MARSCHALL: Commented that the Commission was surprised to see that the traffic counts on various
roads like CSAH 21 were met after two years when the projections were for ten years out. The
Commissioners are attempting to open up more avenues for moving traffic through the County.
GUNDLACH: Asked about the long-term projections for improvement of County Road 83 and 82.
MARSCHALL: Advised that options for the roadway were in the discussion and design stages at this
point due to the traffic counts and the improvements the City of Shakopee is considering for
intersection with TH169. All of the roads needs to be looked at in the big picture and have surpassed
the traffic projections.
MADER: Asked about the schedule of improvements for County Road 42 in connection with the City's
project to install water and sewer lines, and asked about a best and worst case timeline.
UNMACHT: Advised that on Friday, the consulting firm for the tribal community contacted County staff
to advise that the plans are not completed yet and that the timing for construction is subject to the
completion of those plans. Advised that the Community has taken the lead on the project in
developing the plans and specifications. Once the plans are finalized, the County will playa significant
role in the timing, and options are still being discussed. The best case seems to be that construction
would start this year, and the worst case scenario seems to be that the construction is delayed until
next spring.
OSMUNDSON: Advised that, due to the staging of the construction, the project will probably not be
completed until summer of 2003, and that the City would probably need to look at alternatives for
installing the water service to the Shepherd of the Lake site.
MADER: Commented on the dangers of County Road 12 and asked about the status of any
improvements and what has to be done to shift priorities to address the more dangerous areas.
MARSCHALL: Advised that she has also heard of roads in addition to County Road 12 in the northern
part of the County that require improvement. The Board of Commissioners does have County Road
12 in its plan for improvements in the next several years, although has not determined what the extent
of the improvements should be. Further discussed the recent road improvement in the Elko / New
Market area and the Boards rationale for improvements to that roadway. Thanked the Council for the
opportunity to discuss some of the issues with the Council as a whole.
The Council took a brief recess.
PUBLIC HEARINGS: NONE.
OLD BUSINESS
Consider Approval of an Ordinance Approving a Zone Change to the R-2 District on the
Property Located in Section 28, Township 115 North, Range 22 West (Case File 01-001).
KANSIER: Discussed the project in connection with the staff report, the recommendations of the
Planning Commission and staff, and the options available to the Council.
{PAGE}
I , ~_._._----_.--.--_._-_._----_.._..... ..--..---..--.---------,r--.--y---.-------.--..
r Jl
City Council Meeting Minutes
DRAFT
April 2, 2001
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE ORDINANCE 01-03 APPROVING A
ZONE CHANGE TO THE R-2 DISTRICT ON THE PROPERTY LOCATED IN SECTION 28,
TOWNSHIP 115 NORTH, RANGE 22 WEST (Case File 01-001).
MADER: Reminded the Council that the issue tonight is rezoning and requires a 4/5th vote. The criteria
for the development will be considered at the time of preliminary plat.
GUNDLACH: Asked for clarification on the topography of the site.
KANSIER: Discussed the topography of the site.
ZIESKA: Discussed that this site presented some challenges due to the topography and the steep
slope, and believed that the R-2 designation was appropriate.
PETERSEN: Agreed.
GUNDLACH: Discussed the highest and best use of the property due to the topography and grade, and
supported the zone change.
MADER: Advised that the applicant had been advised that the zone change request required a
unanimous vote, and asked the developer if he wished to proceed.
STEVE AUCH (Centex Homes): Believed that based upon the discussion by the Council, he was
comfortable with proceeding at this time.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried.
NEW BUSINESS:
Consider Approval of a Resolution Appointing the Firm of Abdo, Eick and Meyers to Perform
the City's Financial Audits for Fisca/ Years 2001 and 2002.
BOYLES: Reviewed the agenda item in connection with the staff report.
TESCHNER: Commented that the reason the audit proposal is being presented early this year and for a
two-year term is due to the national implementation of a rule requiring all City's to identify the costs for
its street infrastructure. This rule will require all financial statements to be reformatted over a period of
three years. Due to the extensiveness of the project, we asked the auditors to provide a proposal for
the next two years.
MADER: Asked for clarification whether the proposal was for three years or for two years, and
discussed some discrepancies in the proposal letter with respect to the term.
TESCHNER: Clarified that proposal were originally submitted for a three-year period, but that staff had
asked them to re-submit for the two-year period only. Advised that the resolution proposed authorizes
a two-year term. Noted that the firm and the staff both intend that the term will be for two years, and
the letters will be revised to reflect that fact.
{PAGE}
City Council Meeting Minutes
DRAFT
April 2, 2001
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-33 APPOINTING
THE FIRM OF ABDO, EICK AND MEYERS TO PERFORM THE CITY'S FINANCIAL AUDITS FOR
FISCAL YEARS 2001 AND 2002.
MADER: Commented that this proposal and its costs seemed to be in line with previous years.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried.
Consider Approval of a Resolution Authorizing the Purchase of Two Vehicles under the State
of Minnesota Purchasing Program.
[This item was deferred.]
Consider Approval of a Resolution Approving in Concept Financial Assistance to Fund an
Assisted Living Project for Senior Citizens Proposed for the Park Nicollet Property and Known
as Crystal Care.
BOYLES: Briefly reviewed the project in concept advising that the Council had reviewed the project in
detail over the past months. Further noted that the action is to provide conceptual approval for the
project and requested financial assistance.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-34
APPROVING IN CONCEPT FINANCIAL ASSISTANCE TO FUND AN ASSISTED LIVING PROJECT
FOR SENIOR CITIZENS PROPOSED FOR THE PARK NICOLLET PROPERTY AND KNOWN AS
CRYSTAL CARE.
MADER: Noted that one of the top priorities of the City Council was to address the issue of providing
senior housing in Prior Lake. Believed that this is one of the necessary steps in addressing a
recognized need for the citizens.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried.
Consider Approval of a Resolution Approving a Purchase Agreement with the Department of
Housing and Urban Development to Acquire a Property at 16812 Creekside Circle, and a
Purchase Agreement for the Sale of the Same Property to R & K Sales, Inc.
MADER: DiscL1ssed the purpose of the acquisition and its connection with the Lakeside Plaza project in
connection with the staff report.
PACE: Advised that she had reviewed the documents and believes the action is acceptable, subject to
appropriately completing the transactions.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-35
APPROVING A PURCHASE AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT TO ACQUIRE PROPERTY AT 16812 CREEKSIDE CIRCLE, AND A PURCHASE
AGREEMENT FOR THE SALE OF THE SAME PROPERTY TO R & K SALES, INC.
{PAGE}
I " 7' I
----_.__._-_..__.......~--_..._----_..._._--_.~---y-----_._--..----
r 11
City Council Meeting Minutes
DRAFT
April 2, 2001
MADER: Noted that the appropriate motion is to authorize the Mayor and City Manager to complete the
transaction.
The motion and second accepted the friendly amendment.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried.
Consider Approval of Economic Development Authority Bylaws.
[By Council consensus, this item was deferred due to its relation to the following agenda item
which had also been deferred as part of the approval of the agenda.]
Consider Approva/ of a Resolution Establishing a Per Diem for Planning Commission and
Economic Development Authority Commissioners.
[This item was deferred as part of the approval of the agenda.]
Consider Approval of a Resolution in Support of State Legislation to Restrict the Sale of
Phosphorus Lawn Fertilizer.
BOYLES: Reviewed the request by the City of Shorewood and briefly reviewed the legislation for
Council consideration.
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-36 IN SUPPORT
OF LEGISLATION TO RESTRICT THE SALE OF PHOSPHORUS LAWN FERTILIZER.
MADER: Pointed out that phosphorus is the nutrient that accelerates algae growth in lakes, and
advised that it appears there is strong support in the metro area and that the legislation imposes
restrictions similar to those in the City's adopted ordinance.
PETERSEN: Asked the purpose of using phosphorus in lawn fertilizer in the first place.
BOYLES: Commented that phosphorus fertilizers are beneficial for establishing lawns and used to
keep lawns green.
MADER: Added that some land is short of phosphorus in the soils. Prior Lake happens to have a lot of
phosphorus in the soil.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Status Update on Enforcement of Temporary Sign Ordinance.
BOYLES: Briefly reviewed the past attempts at enforcement of the ordinance and discussed a proposal
to implement a procedure by which owners are notified and signs are confiscated and destroyed when
placed in the right-of-way.
{PAGE}
City Council Meeting Minutes
DRAFT
April 2, 2001
PACE: Asked the Council if she could further research the implications consider the matter regarding
destroying the confiscated signs.
There was Council consensus that the City Attorney review the issue
and follow-up with the Council at the next regular meeting.
GUNDLACH: Noted that at least some of the violators show no regard for the ordinance provisions and
simply pick up their signs at the maintenance center and put them back out illegally the following
week. Suggested that stiffer penalties are necessary.
MADER: Commented that the procedure should be gracious on behalf of the City, but that the City
should not be a holding facility for signs confiscated in violation of the ordinance.
Miscellaneous
ZIESKA: Thanked the staff and Planning Commission for the tremendous effort with some very difficult
planning issues over the past few months.
Executive Session to Discuss Pending Litigation
Mayor Mader advised that the Council would retire to Executive Session to discuss
pending litigation regarding Carloyn Abbott and the Shakopee Mdewakanton Sioux Community.
Upon reconvening, the Mayor advised that the City Attorney had
received direction from the Council and that no formal action was necessary.
Frank Boyles, City Manager
A motion to adjourn was made and seconded. The meeting adjourned at 10:05 p
/.h
{PAGE }
l'i
.-.--"-."".""..-".-...--.---.."..-.,,.-. ....T.... "---Y.'''.''.---.---
r Ii