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HomeMy WebLinkAboutAgenda & Minutes 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: July 16, 2001 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF JULY 2,2001 MEETING MINUTES: 4. 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 Warden Monthly Report E) Consider Approval of 2nd Quarter Fire Call Report and Monthly Report for June. F) Consider Approval of Second Quarter Investment Report G) Consider Approval of Second Quarter Budget Report. 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: A) Prior Lake Outdoor Water Use Ban (Bud Osmundson, Director of Public Works) B) Mediacom 2nd Quarter Report (Bill Jensen, Regional Manager) 7. PUBLIC HEARINGS: NONE. 8. OLD BUSINESS: A) Consider Approval of Construction of a Drainage Swale and Extraordinary Snowplowing at 4585 Pleasant Street (Elmer and Della Klingberg). B) Consider Approval of a Resolution Approving Final Plat and Development Contract for a Subdivision Known as Woods at the Wilds and a Resolution Approving a Street Name Change for Oak Tree Drive N.W. C) Consider Approval of Two Resolutions: (1) Approving the Final Report for the Inflow/lnfiltration Control Program and Authorizing Final Payment to Howard R. Green Company; and (2) Approving a Variance to Section 705 of the City Code for the Property at 15305 Breezy Point Road. D) Consider Approval of a Resolution Accepting Bids and Awarding Contract for Prior Lake Transit System. 071601 ,> -------,r---.->- 9. NEW BUSINESS: A) Consider Approval of a Resolution Authorizing the Minnesota Valley Transit Authority to Transfer Van Pool Service to the Regional Van Pool Program. 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 071601 11" .... _. -.".'. -. - --- .,~._..,.,_....,'a.,_____ _. ...,........."..._..._.___..._.__ .__.~___.__.~__'_."'_ I City Council Meeting Minutes DRAFT July 2, 2001 "i~~iillthe 0 .tlet is open. ::::= :::::m = .::::,::, ::::>::: = .....-.. ......- ... ::::;-= :::::::: '" .....~- ........ - li,~TItl~t ~ nd further advised that the Lake when th Lake level exceeds 903.5 ed t si Wit~rs~~~" .~,~y. m~"ow..~~e City to discharge into the de~eI'lGnl~!"~F1mt,",e,mOOnG"tjlEl . MADER: Asked under what conditions the outlet would be closed. McDERMOTT: Advised that the outlet would remain open and that the pond would maintain a consistent water level. MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 01-85 APPROVING A STORMWATER MANAGEMENT PLAN FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES WETLAND #169 AND AUTHORIZING A CHANGE ORDER AS PART OF THE 2001 IMPROVEMENT PROJECT #01-11. GUNDLACH: Asked the Mayor to briefly review the meeting held with the Watershed District. MADER: Advised that last week a meeting was held between Watershed District representatives, City staff, himself and Council member Gundlach to discuss common objectives and how to best approach the process concerns of both the staff and the Watershed. Believed the meeting was productive and advised that the City Manager had followed-up with a letter reviewing that meeting. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Initiating the Vacation of a Portion of Ridgemont A venue Adjacent to the Property at 15543 Ridgemont A venue. RYE: Briefly reviewed the staff report in connection with the staff report. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-86 INITIATING THE VACATION OF A PORTION OF RIDGEMONT AVENUE ADJACENT TO THE PROPERTY AT 15543 RIDGEMONT AVENUE. RYE: Advised that the action before the Council is to determine if there is a public need for the area, and whether the City should vacate the property. LARRY NICKELSO'N (15543 Ridgemont Avenue): Advised that in order to subdivide the property, they found that they would need to acquire title to the right-of-way portion in order to meet the subdivision , requirements. It was at that point that the subsequent issues came about with respect to public interest and adverse possession. PACE: Clarified that the public property cannot be acquired by adverse possession, and that her recommendation is for the City to vacate the property and then work with the Nickelsons' attorney regarding the title registration proceeding. 5 If - REGULAR COUNCIL MEETING MINUTES July 2, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 18. 2001 MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE JUNE 18, 2001 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Volunteer Fire Department Report. (C) Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth (P.L.A.Y.) (D) Consider Approval of Resolution 01-82 Approving the Application for Off-Site Lawful Gambling for the Prior Lake Hockey Association. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA AS SUBMITTED. BOYLES: Reviewed the consent agenda items. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENTATIONS: Presentation: Downtown District Zoning Ordinance Status Report (Augie Wong, URS/BRW) BOYLES: Provided a brief history of the item and introduced Augie Wong of URS/BRW. WONG: Reviewed the status of the project to date and the preliminary plans for the Downtown streetscape and how those items will then be incorporated into text in the zoning ordinance. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER l! - T- City Council Meeting Minutes DRAFT July 2, 2001 RYE: Added that there is some brainstorming work that staff needs direction on from the Council and/or Planning Commission and suggested a joint work session. MADER: Reminded Councilmembers that this item originally had an end of July target date in anticipation of the ground breaking of the Lakefront Plaza project, and that there are some issues in light of pending legislation regarding tax increment financing and some urgency in getting the standards in place. Agreed that a work session would be a good idea. BOYLES: Suggested the work session be held Monday, July 9th at 5:30pm. There was consensus among that Council that July 9th was acceptable for A joint work session with the Planning Commission. PUBLIC HEARINGS: Public Hearing to Consider Approval of a Resolution Vacating the 20-Foot Wide Easement Located Adjacent to the EZ Stop Gas Station, Velishek's Auto Sales, Park Nicollet Clinic and Hollywood Restaurant. BOYLES: Noted that the public hearing had been appropriately noticed in the Prior Lake American and that testimony had been received via email from Park Nicollet and read the letter into the record, advising that Park Nicollet is not opposed to vacation of the 20-foot strip at this time. RYE: Briefly reviewed the agenda item in connection with the staff report. The Mayor advised he would be recommending deferral of any action on this item but declared the public hearing open. DAVE VELlSHEK (Velishek Auto Property): Commented that his issue is that use of the road is dangerous from a traffic safety perspective, and has been a problem for a number of years. Discussed the number of accidents in the area. Supports the action to vacate now and noted he would close his portion of the vacated property as soon as possible. ZIESKA: Asked if the City were to vacate, would he be comfortable with the access remaining to the property. VELlSHEK: Concerned that closing the Franklin Trail access is of concern, but for the short-term believes it can be adequately addressed until the ring road is finished. MADER: Asked how long Velishek's had been in that location. Asked if there was ever any commitment by the City into making that area into a regular street. VELlSHEK: Advised that he had been in the location nine years and that he is aware of the demands from a growing population. Advised that in the early 80's there were many discussions, but no commitments by the City. PETERSEN: Commented that the existing curb cut off Franklin Trail is too close to the intersection, and suggested a different curb cut farther back might be the solution. 2 City Council Meeting Minutes DRAFT July 2, 2001 RAY LEMLEY (Hollywood Bar & Grill): Sees a problem with eliminating only one of the accesses before the ring road is completed. Suggested that the ring road be completed first before he is asked to give up further accesses. Further suggested that if even one of the accesses is eliminated, then all of them by eliminated. NEIL SODERMAN (Partnership for Priordale Mall): Does not object to closing off the frontage road subject to completing the ring road. Noted that closing off their access to Franklin Trail leaves the Mall with only one access, which is of serious concern in marketing a facility of that size. DOMINIC LAZARO (EZ Stop): Advised that he was unaware of significant accidents in the area. Understood that tonight's discussion would be about vacating the area, rather than closing additional accesses, so he was unprepared for that discussion at this time. MADER: Confirmed that Mr. Lazaro's understanding was correct and that in order to close accesses there would need to be additional cooperation with MnDOT, and additional discussions with the affected property owners. LAZARO: Did not object to the resolution, but is very concerned with removal of any access EZ Stop has off of Highway 13. Believes eliminating such access would in effect put them out of business. MOTION BY ERICSON, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY MADER, SECOND BY GUNDLACH TO TAKE NO FORMAL ACTION AND TO BRING THE ITEM BACK TO THE COUNCIL AFTER CONSIDERING THE COMMENTS FROM THE PUBLIC HEARING. GUNDLACH: Asked the Mayor to define what items the staff is to address and the timeline. MADER: Believed there may be engineering and/or legal issues to consider, but did not object to a time certain so that the item did not just hang out there. The Motion and Second accepted a friendly amendment to Bring this item back at the August 2nd meeting. ERICSON: Asked if the staff has discussed with the property owners additional accesses from the ring road. Suggested that some curb cuts could be put in ahead of time in order to encourage different traffic patterns together with ring road development. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OLD BUSINESS Consider Approval of a Resolution Amending the Crystal Care Senior Care Overlay District by Reversing the Floor Plan of the Building. RYE: Discussed the proposed amendment in connection with the staff report and the recommendation of the staff. 3 I , ..____.._'__'_~._"___",_~~'A,,.._'____'^'_'_'~...._*"_.__.__~,.e.... ",__"-.,,,,_,,"~,,,>,,___,_,,,,,,,,,,,_~~,_,,,,,,,__,,,"__,,,__~-",-----'-"-"-"- City Council Meeting Minutes DRAFT July 2, 2001 MADER: Asked if the developer feels that the City or the neighborhood is being unreasonable with this request. The Developer acknowledged that he is in favor of the amendment. MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-83 APPROVING A MINOR AMENDMENT TO THE CRYSTAL CARE SENIOR CARE OVERLAY DISTRICT TO REVERSE THE FLOOR PLAN OF THE BUILDING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and Spring Lake Township Pursuant to Minnesota Statutes 414.0325. BOYLES: Discussed the agenda item in connection with the staff report to jointly annex by resolution with the Township for the Thomas Ryan Memorial Park property and 170th Street and Sunset Trail. MADER: Noted that the City had held a work session with the Township Board members to discuss their concerns with annexation and felt that the City and Township had reached a consensus. STEVE PEARSON (Spring Lake Township Board): Advised that the Township approves of the joint resolution. The only issue is future accesses from 170th to as yet undeveloped properties. MADER: Asked if there were any significant objections by Township residents. PEARSON: Advised that in this situation, the joint resolution makes sense. Believes there are no objections by area property owners. Further advised that the Township will be submitting other issues to consider in other annexation possibilities that could take place. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-84 A JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.0325. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MADER: Thanked the Township for its cooperative efforts in this and future matters. Consider Approval of a Resolution Approving a Stormwater Management Plan for Minnesota Department of Natural Resources Wetland #169 and Authorizing a Change Order as part of the 2001 Improvement Project (City Project #01-11) MCDERMOTT: Discussed the agenda item in connection with the staff report. ERICSON: Asked what the other options are if this doesn't work. MCDERMOTT: Advised that staff believes that this would adequately alleviate the concern by the Watershed to remove storm water from the Frogtown area. 4 City Council Meeting Minutes DRAFT July 2, 2001 ERICSON: Asked who will manage when and under what conditions the outlet is open. McDERMOTT: Advised that City staff will physically control the outlet and further advised that the Watershed may allow the City to discharge into the Lake when the Lake level exceeds 903.5 depending on the conditions. MADER: Asked under what conditions the outlet would be closed. McDERMOTT: Advised that the outlet would remain open and that the pond would maintain a consistent water level. MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 01-85 APPROVING A STORMWATER MANAGEMENT PLAN FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES WETLAND #169 AND AUTHORIZING A CHANGE ORDER AS PART OF THE 2001 IMPROVEMENT PROJECT #01-11. GUNDLACH: Asked the Mayor to briefly review the meeting held with the Watershed District. MADER: Advised that last week a meeting was held between Watershed District representatives, City staff, himself and Council member Gundlach to discuss common objectives and how to best approach the process concerns of both the staff and the Watershed. Believed the meeting was productive and advised that the City Manager had followed-up with a letter reviewing that meeting. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Initiating the Vacation of a Portion of Ridgemont A venue Adjacent to the Property at 15543 Ridgemont A venue. RYE: Briefly reviewed the staff report in connection with the staff report. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-86 INITIATING THE VACATION OF A PORTION OF RIDGEMONT AVENUE ADJACENT TO THE PROPERTY AT 15543 RIDGEMONT AVENUE. MADER: Asked if the action tonight sets a public hearing, and asked if the City vacates RYE: Advised that the action before the Council is to determine if there is a public need for the area, and whether the City should vacate the property. LARRY NICKELSON (15543 Ridgemont Avenue): Advised that in order to subdivide the property, they found that they would need to acquire title to the right-of-way portion in order to meet the subdivision requirements. It was at that point that the subsequent issues came about with respect to public interest and adverse possession. PACE: Clarified that the public property cannot be acquired by adverse possession, and that her recommendation is for the City to vacate the property and then work with the Nickelsons' attorney regarding the title registration proceeding. 5 ~ I City Council Meeting Minutes DRAFT July 2, 2001 BOYLES: Noted that a motion by the Council would initiate the vacation process which means the issues would go to the Planning Commission for the public hearing process. MADER: Clarified that the action initiates the vacation and process, and if the City were to vacate the property, it would no longer be required to provide further maintenance. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Report Concerning News Racks in the Right-of-Way. RYE: Briefly reviewed the item in connection with the staff report. Discussed the direction needed by Council at this point. MADER: Noted there is also a box on County Road 12 by the Triangle Car Wash. ERICSON: Further noted that there may be additional boxes at several other locations. Believes that news racks should be limited to business districts, that there should be a standard as to style and color, that the ordinance language should avoid the content issue, that the ordinance limit the number of locations, and possibly a licensing requirement for the signs. MADER: Noted that in addition to those items, his suggestion would be to include the regulations within the right-of-way ordinance. ERICSON: Also advised that the news rack design standards should be incorporated into the Downtown District regulations. GUNDLACH: Asked if the use isn't a private use of public property since there is benefit. Agreed with the comments of Councilmember Ericson and Mayor Mader. There was consensus among the Council that Councilmember Ericson's List of items was the direction the staff should follow. GUNDLACH: Asked about the extent of the licensing requirement. PACE: Suggested that the licensing issue be very narrowly defined with respect to any regulation of news racks which are protected under freedom of speech. Consider Approval of a Resolution Authorizing TKDA and Associates, Inc. to Provide Consulting Services for Development of a Pavement Management System. McDERMOTT: Reviewed the staff report in connection with the agenda item. PACE: Asked for clarification as to whether the contract amount was a not-to-exceed figure. 6 City Council Meeting Minutes DRAFT July 2, 2001 McDERMOTT: Clarified that the intent of the proposal and staff's understanding was that the work would would not exceed $19,100. PACE: Suggested that such language be included in the contract. ERICSON: Asked if Scott County uses this system, and if City staff will be receiving any type of training on the system. McDERMOTT: Advised that Scott County does not use the system, and that the contract does include training on the software. ZIESKA: Asked what the goal of using this type of software is. OSMUNDSON: This is a long-term system in which to maintain and plan for street maintenance. The future of the system will be that the water system will eventually be added, as well as other systems such as sidewalks, water systems, sewer systems and sign inventory. BOYLES: Suggested that if the Council proceeds with the action, the item be deferred so that each of the exhibits, resolutions and standard agreement coincide. MADER: Agreed with hearing the presentation, allowing a time for questions, and then deferring the item. MICHAEL MALSZYCKI (TKDA): Provided a brief demonstration of the software. GUNDLACH: Raised some concerns about the hardware necessary to efficient use the software. ERICSON: Asked if the City has already purchased the equipment, and this contract was to provide initial data collection and staff training. McDERMOTT: Confirmed. MADER: Advised that some clarification was needed between the proposal and final contract, and suggested deferral to the next regular meeting. MOTION BY MADER, SECOND BY GUNDLACH TO DEFER THE ITEM TO THE NEXT REGULAR MEETING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: BOYLES: Noted that the Grand Opening for Lakefront Park is Wednesday, July 11, 2001, and invited the public to attend. 7 T'1 City Council Meeting Minutes DRAFT July 2, 2001 BOYLES: Noted that he had reviewed the recent City Council salary survey from AMM and recommended an increase for the Mayor and Councilmember salaries in order to keep up with the average in cities similar in size to Prior Lake. MADER: Suggested that the issues be referred to the Council subcommittee for consideration and a recommendation regarding specifics. Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned at 9:55pm 8