HomeMy WebLinkAboutAgenda & Minutes
Budget Study Session" - (5:30 - 7:00 p.rn.)
FORUM: (7:00 P.M. - 7:30 P.M.)
Gary Tuschic - Concept Plan for Jeffer's Property
REGULAR COUNCIL MEETING AGENDA
1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2 APPROVAL OF AGENDA:
3 CONSIDER APPROVAL OF JULY 16, 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 a Resolution Approving Prior Lake VFW Post 6208 Premise
Permit for Lawful Gambling.
5 ITEMS REMOVED FROM CONSENT AGENDA:
6 PRESENTATIONS:
7 PUBLIC HEARINGS:
A) Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility
Easement Located on Lot 2, Block 1, Creekside Estates (Case File #01-055).
B) Public Hearing to Consider Approval of a Resolution Vacating a Portion of the Platted
Right-of-Way for Ashland Avenue (Eau Claire Trail) Adjacent to the Property at 4120
Eau Claire Trail. (Case File #01-038)
C) Public Hearing to Consider an Appeal of the Planning Commission's Denial of a
Variance to the Lakeshore Setback on the Property Located at 15507 Calmut Avenue.
8 OLD BUSINESS:
A) Consider Approval of an Ordinance Amending the Zoning Ordinance to Allow Off-
Premise Nameplate Signs in Commercial Districts (Case File #01-049).
B) Consider Approval of a Resolution Approving an Amendment to the Creekside Estates
PUD to Allow a 10' x 25' Deck on the Back of the 24-Unit Buildings.
C) Consider Approval of a Resolution Authorizing TKDA and Associates, Inc. to Provide
Consulting Services for Development of a Pavement Management System.
9 NEW BUSINESS:
A) Consider Approval of a Resolution Ordering the Installation of "No Parking" Signs for
Candlewood Circle.
B) Consider Approval of a Resolution Approving the 2000/2001 Police and Fire Services
Agreement with Shakopee Mdewakanton Sioux Community (SMSC).
C) Consider Approval of Purchase Agreement for Property in the Downtown Area.
10 OTHER BUSINESS/COUNCILMEMBER REPORTS:
08060 I
^-^~-^^-^---,r'^ ..
^^^ ^._~_.^_.^----r-_^__^h^^.^_.^-
REGULAR COUNCIL MEETING MINUTES
July 16, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Council members Petersen, Gundlach, Ericson and Zieska, City Manager
Boyles, City Attorney Pace, Public Works Director Osmundson, City Engineer McDermott, Planning
Coor<iinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MADER: Added a presentation item concerning the Lakefront Park Grand Opening.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
APPROVAL OF REGULAR MEETING MINUTES OF JULY 2,2001
MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE THE JULY 2, 2001 MEETING
MINUTES AS AMENDED AND SUBMITTED BY STAFF PRIOR TO THE MEETING.
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 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 2nd Quarter Investment Report.
(G) Consider Approval of 2nd Quarter Budget Report.
MADER: Asked to remove Item E (Consider Approval of 2nd Quarter Fire Call Report and Monthly
Report for June).
BOYLES: Reviewed the remaining consent agenda items.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE CONSENT AGENDA AS
SUBMITTED WITH THE EXCEPTION OF ITEM (E).
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of 2"d Quarter Fire Call Report and Monthly Report for June.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
T t
City Council Meeting Minutes
DRAFT
July 16, 2001
MADER: Commented on the number of calls responded to and number of hours committed by some
of our firefighters over a three month period. Wanted to take the time to note the enormous
contribution of these types of volunteers.
ZIESKA: Added that fire calls come at all hours of the day and affect families as well as the volunteers
themselves.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE 2ND QUARTER FIRE CALL
REPORT AND MONTHLY REPORT FOR JUNE.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
PRESENTATIONS:
Presentation: Lakefront Park Grand Opening
MADER: Thanked staff for the effort in planning the event and encouraged all of the citizens to take
advantage of the amenities offered by the park. Further noted that there are also free Thursday night
concerts in the park that residents should take advantage of.
Presentation: Outdoor Water Use Ban (Bud Osmundson, Director of Public Works)
MADER: Discussed the responsibility of the staff and City to provide for the health and safety of the
residents of the City. Believed the action taken by staff was the only responsible action at the time.
Further advised of the staff's secondary priority to brainstorm a methodology to provide for some type
of water for landscaping. Advised that none of the process is an exact science. Urged citizens to not
to rush to judgment before considering that (1) there had been 4 weeks of no measurable rain; (2)
surface water or flood waters cannot be captured, treated, or stored; (3) 16 cities in the metro area
had implemented water restrictions and 30 wells in Lakeville have gone dry. Noted that the current
weather conditions were not an average dry spell. Discussed the three wells in Prior Lake and what
those pumps can provide; and the cooperation the City had received from the City of Savage.
Advised of the process in obtaining wells and the restrictions imposed by state, local and federal
governments. Also discussed how regulation of development is not the answer and would put the City
in a problematic litigation situation.
PACE: Confirmed that the City should not put itself in the type of situation.
MADER: Believed the City is doing a very credible job with a very difficult situation. Suggested
residents not be too quick to criticize before they understand the scope of the issues.
OSMUNDSON: Discussed the rain levels over the past 30 days and how the water level in the City's
towers is affected. Further discussed the process for the restrictions and the subsequent ban and the
rationale for the need to protect the water supply. Reviewed the process to date in acquiring the
permits from the DNR for the fourth well, advising of the restrictions by the DNR because of the
potential affects on the Savage Fen, and the timeline in acquiring the well. Thanked the residents who
have been abiding by the water ban and advised that the ban has helped. Recommended at this point
trying to go back to the even/odd restrictions in some form and see how it works.
2
City Council Meeting Minutes
DRAFT
July 16, 2001
BOYLES: Complimented the public works staff on handling a difficult situation. Advised that the
outdoor watering ban was lifted effective immediately and that the even/odd restrictions will go back
into affect from 8pm-9pm nightly only.
ZIESKA: Thanked all the residents who have cooperated in the watering ban. Commented that
building permits issued over the past year indicated 205 new households, and that water usage in the
past year has increased 60%. Also commented on commercial uses, and asked what time of day
most of the water is used at. Also asked if those two factors indicated that most water usage is by
existing residential properties not by the new development in the community. Further noted the public
safety issues involved and that the ban protects not only the safety of the community, but also the
infrastructure.
OSMUNDSON: Advised that most water is used between 5pm to midnight, and confirmed that the
highest water usage is by existing residential properties.
MADER: Commented that moving the restrictions to later in the evening is to avoid wasting water to
evaporation. Asked Bud to review the process in obtaining a permit for new landscaping.
OSMUNDSON: Noted that someone wishing to obtain a permit needs to stop in or call the Maintenance
Center and fill out an application and pick up the permit.
MADER: Advised that the City and staff is concerned with getting an additional well, and the issue is
not without concern, but rather lacking in alternatives. Also advised that the City Manager has
suggested soliciting any help that the Met Council may be able to offer, and that preliminary
conversation had been held in that regard.
GUNDLACH: Added that timers and aiming of sprinkler systems need to be checked by residents and
indicated that he has proposed an ordinance amendment which would require installing rain sensors
on landscape sprinkler systems.
.
OSMUNDSON: Noted that there will be notices of the new restrictions going out, and that
announcements will appear on radio and television.
MADER: Asked what is the next step.
OSMUNDSON: Advised that the next step will be monitoring how the water system rebounds in light of
lifting the ban and then evaluate whether further lessening of the restrictions can be accomplished.
ERICSON: Asked what other outdoor water uses are affected.
MADER: Noted that the intent is to curb large volume use, but that the City will not be out writing
citations for minimal uses.
3
i T -.-----.---------.-..--.-----.--..- .-.---.....-.. ..........
City Council Meeting Minutes
DRAFT
July 16, 2001
Presentation: Mediacom 2nd Quarter Report (Bill Jensen, Regional Manager)
BILL JENSEN (Regional Manager, Mediacom): Provided a status report on the implementation of local
digital service and options available, discussed the timeline for high-speed modems, PEG access
channels, and suggested coming back to discuss the second quarter customer service numbers.
Discussed the three top complaints and Mediacom's part in connection with those complaints.
ERICSON: Asked about sales persons soliciting door-to-door.
JENSEN: Was not aware of any permit requirement, but believes Mediacom did contact the City.
BOYLES: Clarified that some forms of solicitation do not require a permit, but would double-check.
Asked Mr. Jensen about the status of beta testing, and the deadline for cable modem.
JENSEN: Advised that beta testing cannot be tested from Prior Lake but should only take two or three
days.
MADER: Asked if the complaints received were more about product or notification or cost or customer
service.
JENSEN: Believes the complaints received revolve more around implementation of the service, rather
than the quality of the digital services. There was a long education process.
BOYLES: Advised that many of the complaints received at City Hall revolved around the
implementation, cost and quality of customer service, rather than the digital service itself.
JENSEN: Noted that Mediacom is the last company in the metro community to roll out the premium
services on the digital box, which has been the major complaint.
PUBLIC HEARINGS: NONE.
OLD BUSINESS
Consider Approval of Construction of a Drainage Swale and Extraordinary Snowplowing at
4585 Pleasant Street (Elmer and Del/a Klingberg).
BOYLES: Provided the history of the item to date.
OSMUNDSON: Reviewed the agenda item in connection with the staff report, and the recommendation
by staff.
MADER: Noted that the Klingbergs' water problems are a result of the street reconstruction project and
that is why is requires some effort on behalf of the City.
MOTION BY MADER, SECOND BY ERICSON TO APPROVE CONSTRUCTION OF A DRAINAGE
SWALE AND EXTRAORDINARY SNOWPLOWING AT 4585 PLEASANT STREET FOR ELMER
AND DELLA KLINGBERG.
4
City Council Meeting Minutes
DRAFT
July 16, 2001
ERICSON: Concerned that the solution is not permanent with respect to snowplowing.
OSMUNDSON: Clarified that from Main St. to Duluth there is no storm sewer. If the City brings a storm
sewer up and puts in a catch basin in, it would be expensive. Recommended that a long-term solution
be put into the next CIP cycle. Staff needs to further look at the options available.
MADER: Noted that it is a matter of public record that the problem is a result of a City project, and that
that in some respects is a basis for future Council's to react.
PACE: Advised that future Council's cannot be bound by this Council's action regardless of what is in
the record.
ERICSON: Wants to make sure that a permanent solution is put in motion.
BOYLES: Clarified the process for including the item in the next CIP and the staffs intent to address
the matter in that manner. Advised that he would write a memo to next year's CIP file.
ERICSON: Asked if that solution is satisfactory to the Klingbergs.
LEE KLINGBERG: Confirmed that the temporary solution is acceptable, just so a more permanent
solution can be the goal.
OSMUNDSON: Advised that staff does not want to be locked into any particular permanent solution
since costs and alternate solution are unknown, and that the City will research the most feasible,
cost-effective permanent solution.
KLINGBERG: Concerned that if there are a lot of problems this summer, that the permanent solution,
whatever it may be can take place next year.
,
OSMUNDSON: Confirmed.
VOTE: Ayes by Mader, Petersen, Ericson and Zieska, the motion carried.
MADER: Noted that Councilmember Gundlach left the meeting briefly to handle a personal
emergency.
KLINGBERG: Thanked the Council and staff.
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 NW.
KANSIER: Briefly reviewed the staff report in connection with the staff report.
Council member Gundlach rejoined the meeting.
5
r
City Council Meeting Minutes
DRAFT
July 16, 2001
MADER: Asked how large Outlot A was and what are the City's plans for its use.
KANSIER: Approximately 20,000 square feet.
OSMUNDSON: Advised that the site is beautiful and believes the best use is as unimproved open
space.
MADER: Understood that the Watershed permit is an issue outside the City's control, and also noted
that the application was by Shamrock Development who has been noted earlier in being particularly
cooperative with the City in acquiring the land for the City's newest well.
PACE: Asked if the Developer had a Watershed District permit that was approved as part of the
original PUD and that is why the permit is not a condition of the final plat.
KANSIER: Confirmed that the file suggests a permit was issued in 1993 and that some grading work
had commenced.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-86
APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR WOODS AT THE WILDS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-87
APPROVING THE STREET NAME CHANGE FOR OAK TREE DRIVE NW TO BE KNOWN AS
WILDWOOD TRAIL.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of. Two Resolutions: (1) Approving the Final Report for the
Inflow/Infiltration 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.
MADER: Provided a brief history of the project to date.
McDERMOTT: Briefly reviewed the agenda item in connection with the staff report.
ERICSON: Asked if the intent of the program was to inspect every sump pump in the community.
McDERMOTT: Advised that this was the first phase of the project, and that a second phase could be
implemented depending on the results of the first phase and the Council's desires.
ERICSON: Asked if a process was in place for tracking transfer of ownership.
BOYLES: Advised that it brings up the issue of implementing a housing maintenance certificate
program which may create more problems than it's worth.
6
City Council Meeting Minutes
DRAFT
July 16, 2001
McDERMOTT: Noted that the staff was aware of several instances where notices had been sent in
error, but staff is working to rectify the situation.
MADER: Asked if this one property was the only found to require a variance, and that other properties
had other viable options.
McDERMOTT: Confirmed.
MADER: Noted that the point of this process was that putting sump water into the City's sanitary sewer
system costs the City, and therefore all sewer and water customers, money to process the water.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-88
APPROVING THE FINAL REPORT FOR THE INFLOW/INFILTRATION CONTROL PROGRAM AND
AUTHORIZING FINAL PAYMENT TO HOWARD R. GREEN COMPANY.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-89
APPROVING A VARIANCE TO SECTION 705 OF THE CITY CODE FOR THE PROPERTY AT
15305 BREEZY POINT ROAD.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Accepting Bids and Awarding Contract for the Prior Lake
Transit System.
MADER: Briefly reviewed the history of this item and the process to date.
WALSH: Reviewed the agenda item in connection with the staff report and advised of the process,
equipment proposed and stpff recommendation.
MADER: Commented that even though the decision to opt out of the MVT A seemed to be a leap of
faith, it appears to have turned out to be an economic advantage for at least the same level of
service. It seems very positive. Further commented that the proposal submitted by the County was
very well done and competitive and thanked the County even though they were not selected.
GUNDLACH: Asked if routes to St. Paul were possible.
WALSH: Commented that the first step is to get this service up and running, but then it would be
appropriate to determine the number of riders that may be interested in alternative routes.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-90
ACCEPTING BIDS AND AWARD THE CONTRACT FOR THE PRIOR LAKE TRANSIT SYSTEM TO
SCHMITTY & SONS, INC. AND AUTHORIZING THE TRANSIT SUBCOMMITTEE TO NEGOTIATE
THE CONTRACT AND THE MAYOR AND CITY MANAGER TO EXECUTE THE FINAL CONTRACT.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
7
I""
City Council Meeting Minutes
DRAFT
July 16, 2001
NEW BUSINESS:
Consider Approval of a Resolution Authorizing the Minnesota Valley Transit Authority to
Transfer Van Pool Service to the Regional Van Pool Program.
WALSH: Briefly reviewed the item in connection with the staff report.
MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE RESOLUTION 01-91
AUTHORIZING THE MINNESOTA VALLEY TRANSIT AUTHORITY TO TRANSFER VAN POOL
SERVICE TO THE REGIONAL VAN POOL PROGRAM.
PETERSEN: Asked if opting-out of the MVT A included van pool.
BOYLES: Clarified that the MVT A is currently running the van pool and this action will now transfer it
from the MVTA to the VAN-GO program.
WALSH: Clarified that the MVTA wanted to moved the van pools that came out of Prior Lake last May.
Since Prior Lake was opting out of the MVT A, they looked to the City to determine if that's what the
City ultimately wanted for its van pools. In this case, the City is making the decision rather than the
MVT A. This is an alternative to operating the van pools ourselves.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
MADER: Noted that in a meeting today between himself, the City Manager and Ted Mondale, there
was discussion related to transit and was very assuring that the Met Council will support our needs.
BOYLES: Discussed the Council's relationship with and knowledge of the Metropolitan Council
policies, particularly involvihg the "white paper" and suggested that the Met Council attend a work
session in order to familiarize the Council.
MADER: Commented that he believed that Mr. Mondale and the Met Council is sensitive to the
position the Prior Lake City Council has taken with respect to the Met Council, and that he would
simply like the chance to have a dialogue. Believes showing the time and effort is commendable.
A motion to adjourn was made and seconded. The meeting adjourned at 9:5
Frank Boyles, City Manager
8