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HomeMy WebLinkAbout0603 RegularREGULAR COUNCIL MEETING MINUTES June 3,2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Petersen, Zieska and LeMair, Assistant City Manager Walsh, City Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner, Planning Coordinator Kansier, City Engineer McDermott, Parks Maintenance Supervisor Friedges, and Recording Secretary Meyer. Councilmember Gundlach and City Manager Boyles joined the meeting in progress. APPROVAL OFAGENDA: Walsh: Added as a presentation, Item 6B regarding the City's water program. Further requested removal of Item 9G (Consider Approval of a Moratorium Ordinance on Certain uses of Firearms in the City of Prior Lake, Minnesota). MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES OF MAY 20, 2002 REGULAR MEETING MINUTES. Zieska: Requested a clarification on page 7, under Pace that the last sentence be amended as follows ". ...... and weul~t-be could be arqued as a regulatory taking". LeMair: Also requested an amendment on page 9, under Pace indicating that he was the one who asked if Councilmembers would all agreed to reconsider the item in order to impose conditions. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE MAY 20, 2002 MEETING MINUTES AS AMENDED. VOTE: Ayes by Petersen, Zieska and LeMair, the motion carried. Mayor Haugen abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Amendments to Parks Advisory Committee Bylaws. (C) Consider Approval of Resolution 02-80 Granting Variances for Property Located at 14620 Oakland Beach Avenue SE (Mosey) as Directed by the Council at its May 20, 2002 Regular Meeting. Walsh: Reviewed the consent agenda items. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA:NONE 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 June 3, 2002 PRESENTATIONS: Presentation on Rules and Fee Schedule of Skate Park Facility (Esser) Esser: Discussed the Grand Opening for the facility on June 15, 2002, fees for the skate park, and the rules in order to mitigate damage to the facility, and promote the enjoyment for all participants. Further discussed the disciplinary procedures. Announced an Open House for participants to purchase passes, get waivers and ask questions on Saturday, June 15th. Pace: Asked if a non-resident came for the day, how the liability waiver is handled. Esser: Advised that a parent must be present to sign the waiver prior to the sale of any pass. LeMair: Asked how seasonal passes will be issued. Esser: Advised that nothing physical will be issued to the participants, and that the child's photograph, liability waiver and pass information will be held at the facility and checked by the attendant at check-in. Hau,qen: Asked about the capacity. Esser: Advised that no maximum capacity rule has been implemented by other cities. We will monitor capacity from a safety perspective and regulate as needed. Hau,qen: Thanked the staff for their efforts, as well as the Shakopee Udewakanton Sioux Community and the Prior Lake Optimists Club for their generous contributions. [ADDED] Presentation on Status of Well Development Osmundson: Discussed the most recent mailings on conservation efforts and the odd/even watering restrictions that are now in place, noting that the restrictions are a requirement in order for the State to consider the City's requests for additional production wells. Further updated the Council that the water production has been increased by approximately 33% with the addition of Well No. 6, and advised that the award of the contract for the FIG well is anticipated in July. Discussed the City's education and communication efforts to spread the word on water system conservation. Also advised that the implementation of radio read meters is progressing. LeMair: Asked if every City has odd/even water restrictions. Osmundson: Explained that only 60%-70% of metropolitan cities have restrictions, which are primarily based upon how they acquire and provide water. Those cities that draw from the Mississippi are looked at differently than those that draw from an acquifer. LeMair: Asked if there will ever be a situation where the restrictions will be lessened. Osmundson: Noted that anything is possible, and there is a potential to restructure the restriction in some fashion, but repeated that conservation programs are required by the State and DNR in order to get permits for production wells. If the City cannot show that it has a conservation program in place, it is likely that the State and DNR will look unfavorably upon any request for additional production wells. LeMair: Asked if another well is slated after this year. City Council Meeting Minutes June $, 2002 Osmundson: Advised that a well is projected to go on line this year, with an additional well proposed in the 2003 CIP. Petersen: Asked if the City can monitor how water is used. Osmundson: Advised the City can monitor its water usage by the hour, and that the City has about a 10% "unaccounted for" water usage which is about average for cities. Zieska: Asked if permits can be acquired for newly-sodded lawns. Further noted that line breaks on the weekends are typically repaired as quickly as possible, but that repairs are often dependent on other items such as Gopher State One locates. Osmundson: Noted that permits can be obtained at no cost from the Maintenance Center for newly-sodded lawns. Hau.qen: Asked about partnering with the SMSC. Osmundson: Advised that an interconnection with SMSC has been proposed. At this point, both governments have contacted the necessary authorities in order to find out what approval process might be necessary. Tescher: From the standpoint of education and communication, advised that projections indicate that cumulative water consumption has dropped by 8% over last year, which is the lowest point of water sales since 1999. So, it does appear that the City's communication efforts are, in fact, educating the community about water conservation. Zieska: Pointed out that the statistic is especially noteworthy given the growth experienced in our community. PUBLIC HEARINGS: Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lots 21.23, Block 2, Wensmann First Addition. Kansier: Provided an overview of the agenda item in connection with the staff report. Zieska: Asked about the existing utilities within the easement. Kansier: Advised that the utilities will be relocated and the sewer capped at the applicants expense. Mayor Haugen declared the public hearing open. No members of the public were present to address the Council on this issue. MOTION BY ZIESKA, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 02-81 VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 21-23, BLOCK 2, WENSMANN FIRST ADDITION. VOTE: Ayes by Haugen, Petersen, Zieska and LeUair, the motion carried. 3 City Council Meeting Minutes June 3, 2002 Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lot 39, Block 1, Wensmann Third Addition. Kansier: Briefly reviewed the agenda item in connection with the staff report. Mayor Haugen declared the public hearing open. No persons were present to address the Council concerning this matter. MOTION BY PETERSEN, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-82 VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 39, BLOCK 1, WENSMANN THIRD ADDITION. VOTE: Ayes by Haugen, Petersen, Zieska, and LeMair, the motion carried. OLD BUSINESS: Consider Approval of a Resolution Approving the 2003-2007 Capital Improvement Program (ClP) Teschner: Reviewed the agenda item in connection with the staff report, noting the changes since the City Council / Staff work session, including deletion of the allocation for park signs due to recent Council action to accelerate the project, addition of CSAH 82 cooperative reconstruction in 2007, and switching funding for reconstruction of 150th Street to coincide with Savage's proposed intersection work. Zieska: Asked about the Equipment Matrix. Teschner: Confirmed that the Equipment Matrix is identified with the Capital Improvement Program whereby equipment is programmed for replacement over a 12 year period. Zieska: Noted that even though the City would like to see County Road 82 improved as quickly as possible, the County is the primary funding source and the timing is driven by them. Teschner: Confirmed and advised that there is potential for the project to be accelerated based upon growth in the area. Hau.qen: Suggested that any acceleration of that project would be a plus, as long as the City doesn't have to give up another project to do so. LeMair: Asked for clarification of the tax impact. Teschner.: Explained that based on the 2002 property tax base from a City only perspective, a $175,000 home would have a property tax increase of approximately $10 if the reconstruction project was approved. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION CAPITAL IMPROVEMENT PROGRAM (CIP). VOTE: Ayes by Haugen, Petersen, Zieska, and LeUair, the motion carded. 02-83 APPROVING THE 2003-2007 Hau.qen: Discussed several intersections that need attention, including CSAH 82, right and left turn lanes at Main Street & CSAH 21, and left tum arrows at CSAH 21 & TH13. 4 City Council Meeting Minutes June 3, 2002 Petersen: Advised that most of those intersection improvements are driven by the County. Teschner: Noted that the appropriate venue to address those items would be when the Council reviews and makes recommendations on the Scott County Capital Improvement Program in the next few weeks. MOTION BY LEMAIR, SECOND BY ZIESKA, TO DIRECT STAFF TO REVIEW EACH OF THE INTERSECTIONS DISCUSSED WITH THE INTENTION OF PROVIDING ADDITIONAL SAFETY CONDITIONS AS APPROPRIATE. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Modifications to the Naming Policy Walsh: Reviewed the agenda item in connection with the staff report. MOTION BY LEMAIR, SECOND BY ZIESKA APPROVING MODIFICATIONS TO THE NAMING POLICY. VOTE: Ayes by Haugen, Petersen, Zieska and LeUair, the motion carded. Councilmember Gundlach joined the meeting after participating in An awards ceremony at the High School. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Street Reconstruction for 2002 Improvement Project Including Estate Avenue Lift Station Renovation. McDermott: Reviewed the agenda item in connection with the staff report. Zieska: Asked for clarification as to minor adjustments. McDermott: Those items would involve things like hydrant placement and driveway locations. Gundlach: Asked if the special assessment committee has met on this issue. Zieska: Advised that the assessment committee has met twice on this issue and it is projected that a unit assessment will be used, even though nothing is final until the bids come in. There do not appear to be any red flags in that all the properties in the project are similar in size and attributes. Gundlach: Asked if the project should proceed given the significance of the easement yet to be acquired. McDermott: Believed that moving forward would allow work on Pixie Point Road and Green Oaks Trail to begin and be completed this construction season, with the exception of the final wear course. If need be, the specifications can be wdtten so that the remainder of the work could be completed next year. If the contractor knows in advance of bidding the project, they will factor that in to their bid. Estate Avenue and Lori Road will be separate quantities. Gundlach: Asked the status of acquiring the easement. McDermott: Advised that a meeting with the appropriate parties is scheduled this week. Zieska: Noted that the intent of completing this project before 150th Street is so there is less impact on the new roadway by heavy construction machinery. City Council Meeting Minutes June 3, 2002 Hau.qen: Asked for a comparison of this assessment to some recent improvement projects. McDermott: Advised that bituminous prices appear to be going up, so that cost was estimated conservatively, thus increasing the assessment slightly from similar projects in the past. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-84 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR STREET RECONSTRUCTION FOR 2002 IMPROVEMENT PROJECT INCLUDING ESTATE AVENUE LIFT STATION RENOVATION. VOTE: Ayes by Haugen, Petersen, Gundlach, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Trails, Parking Lot and Basketball Court. Fried,qes: Reviewed the agenda item in connection with the staff report. Petersen: Asked if the trails are all contained on park land. Fried.qes: Advised that the Lords Street trail will run along Lords Street. No land acquisition is necessary for any of the proposed projects. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE RESOLUTION 02-85 APPROVING PLANS AND SPE¢IFCIATIONS AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR TRAILS, A BASKETBALL COURT AND A PARKING LOT AS IDENTIFIED IN THE 2002 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. Consider Approval of Rules and Fee Schedule for Skate Park Facility. Esser: Provided an abbreviated review of the item in connection with the staff report. Zieska: Asked if residents can purchase passes prior to the Open House. Esser: The Open House will be at Lakefront Park from 10am-llam on Saturday, June 15~. The Skate Park will not open until after the Grand Opening on June 17, 2002. Hau.qen: Asked what the procedure will be if the participants do not have a picture of themselves. Esser: Advised that City staff may have a Polaroid available, or provide some temporary alternative. Also noted that once the Skate Park is open, passes may be purchased at the park. Zieska: Encouraged residents to bring a picture with them and sign up early. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE RULES AND FEE SCHEDULE FOR THE SKATE PARK FACILITY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. The Council took a brief recess. 6 City Council Meeting Minutes June $, 2002 Hau.qen: Asked City Engineer McDermott to introduce the new Assistant City Engineer. McBermott: Introduced Larry Poplar, who was in his first week of work with the City. Larry previously worked with Progressive Consulting Engineers, and lives in New Brighton with his wife and young daughter. NEW BUSINESS Consider Approval of a Resolution Approving the Preliminary Plat to be Known as Red Cedar Heights. Kansier: Briefly reviewed the agenda item in connection with the staff report. LeMair: Asked how the square footage cost for park land is arrived at. Kansier: Advised that approximately one year ago, the City completed an extensive park dedication fee study to identify the cost for developing parks and acquiring land. Gundlach: Asked why the requested amendments hadn't been resolved prior to bringing the preliminary plat consideration to the Council. Kansier: Even though the developer has been working on these issues, the fine detail has not yet been sufficiently addressed. The staff and Planning Commission felt that with the condition that no grading begin, the preliminary plat could move forward, since the issues would result in any major re-design of the plat. Zieska: Asked if the purpose of a preliminary plat is to begin grading, what is the point of approving the preliminary plat at this time. Kansier: The project continues to move forward. Pace: Advised that there is also a statutory requirement for preliminary plats, in this case June 30th or the plat is 'automatically approved. In this manner, the Council has the opportunity for review and to impose conditions. MOTION BY GUNDLACH, SECOND BY ZIESKA TO DEFER ACTION ON THIS ITEM TO THE NEXT REGULAR COUNCIL MEETING FOR THE PURPOSE OF ASSURING THAT PROGRESS IS MADE ON THE REMAINING OUTSTANDING ISSUES THAT WOULD NORMALLY BE RESOLVED BEFORE THE PRELIMINARY PLAT IS ISSUED, PARTICULARLY WITH RESPECT TO THE WATER DELINATION AND THE STORM WATER MANAGEMENT PLAN. Pace: Pointed out that the conditions of the plat, in essence, appear to address the Council's concerns. Zieska: Believed the application was incomplete and the process should be more complete at this point. Also believes taking this action at this point sets a bad precedent. Pace: Pointed out that at the next meeting, if the Council still has concerns or wishes to impose additional conditions, the applicant still has the ability to waive the 60-day rule, rather than having the Council deny the application. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. 7 City Council Meeting Minutes June 3, 2002 Consider Approval of an Ordinance Approving a Rezoning From R-1 to R-2, Approval of a Resolution Approving an Amendment to Wensmann 1't Planned Unit Development, and Approval of a Resolution Approving a Preliminary Plat to be Known as Wensmann 3'd Addition. Kansier: Reviewed the agenda item in connection with the staff report. Gundlach: Asked the rationale for re-zoning the property to R-2. .Kansier: Advised that the adjacent property was rezoned to the R-2 district. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE ORDINANCE 02-07 AMENDING SECTION 1101.700 OF THE CITY CODE AND OFFICIAL ZONING MAP. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-86 APPROVING AN AMENDMENT TO THE WENSMANN 1st PLANNED UNIT DEVELOPMENT. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-87 APPROVING THE PRELIMINARY PLAT OF WENSMANN 3RD ADDITION SUBJECT TO CONDITIONS. Gundlach: Commented that the City has had an excellent track record with this developer. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Amending the Comprehensive Plan for The Wilds North Property Located in Section 28, Township 115, Range 22 (Case File #02-045). Kansier: Provided a staff report in connection with the staff report. Zieska: Clarified that the land to the south is R-l, and to the north and west are commercial, and that this property would be re-designated in order to be a buffer between those uses. Kansier: Confirmed. LeMair: Asked if there is any other place where we are replacing commercial property within the property. Kansier: Advised not at this time. Gundlach: Advised that several years ago, and as an additional option, a property was re-platted and the Council asked the staff to find similar suitable acreage that could be re-designated to replace the commercial property lost. LeMair: Asked how the property was first designated at commercial. Kansier: Advised that the Comprehensive Plan has been in place for quite some time. Believed there was probably no specific formula. The staff basically considers the access to the property, and its proximity to major roadways. 8 City Council Meeting Minutes June 3, 2002 Zieska: Clarified that it may have just been easiest to identify the Comp Plan designations along half section lines on a map, but that as land develops and proposals are brought it, slight accommodations are made. Hau.qen: Pointed out that without this change, there is no buffer. Asked if there is still allowance for significant depth to create commercial base along the intersections. Kansier: Confirmed, and noted that the survey took this into consideration. Jim Stanton .(Shamrock Development): Advised no specific commercial uses have been identified. Suggested uses that are directed to the neighborhood rather than larger commercial uses. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02-88 AMENDING THE COMPREHENSIVE PLAN FOR THE WILDS NORTH PROPERTY LOCATED IN SECTION 28, TOWNSHIP 115, RANGE 22. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of (1) An Ordinance Approving a Zone Change Request for the Property Located in the NE ~ of the NE ~ of Section 28, Township 115, Range 22, and (2) An Amendment to the Ordinance ReClassifying Hass Lake (Case File #02-0'19). Kansier: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE ORDINANCE 02-08 AMENDING SECTION 1101.700 AND THE OFFICIAL ZONING MAP FROM A (AGRICULTURAL) TO R-1 (LOW-DENSITY RESIDENTIAL) FOR PROPERTY LOCATED IN THE NE ¼ of the NE ¼ OF SECTION 28, TOWNSHIP 115, RANGE 22, SCOTT COUNTY, MINNESOTA. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carried. ,rMOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE ORDINANCE 02-09 AMENDING SECTION 1104.201 TO RE-CLASSIFY HASS LAKE. Gundlach: Cladfied that this is the only affected parcel. Hauflen: Confirmed. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing the Agreement for Joint Assessment between the City of Prior Lake and County of Scott. Teschner: Reviewed the agenda item in connection with the staff report. Hauflen: Asked how long the agreement has been in place. Teschner: Advised that Pdor Lake has always contracted with the County for assessment services. MOTION *BY PETERSEN, SECOND BY GUNDLACH APPROVING RESOLUTION 02-89 AUTHORIZING THE AGREEMENT FOR JOINT ASSESSMENT BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carded. 9 City Council Meeting Minutes June 3, 2002 Consider Approval of an Ordinance Amending City Code Section 106.500 to Increase the City Manager's Purchasing Authority. Teschner: Reviewed the agenda item in connection with the staff report, and explaining the City's purchasing policy. Zieska: Asked the City Manager to review the City's Purchasing Policy. Bo¥1es: Repeated the proposed changes to the City's Purchasing Policy. Gundlach: Asked if the City Manager can then sign off on the purchase of equipment under the State contract as long as it is under $50,000. Teschner: Advised that if the purchase pdce changed from the approved operating budget amount, regardless of whether it was still under the $50,000 threshold, the item would come back to the Council. Also noted that all project identified in the CIP always come to the Council to authorize the project. Gundlach: Believes his concerns are addressed sufficiently. "Hau.qen: Noted that fundamentally this action does not change the Council's control. Teschner: Confirmed. MOTION BY LEMAIE, SECOND BY ZIESKA TO APPROVE ORDINANCE 02-09 AMENDING CITY CODE SECTION 106.500 INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY TO NOT EXCEED $50,000. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeUair, the motion carried. OTHER BUSINESS / COUNClLMEMBER REPORTS Hau,qen: Recognized the program put on by the VFW for the Memorial Day parade and thanked that organization for its efforts. Further recognized the 4th & 5th grade PLAY youth baseball all-star game that took place the past weekend and its organizer Les Thompson. Also noted the efforts of the Prior Lake Dance Program and the City staff for the Dance Recital held June 1st & 2nd, and lastly complimented the DARE program for the DARE graduation event held June 3, 2002 at Grainwood Elementary. Great community events. Walsh: Announced two upcoming Grand Opening ceremonies (1) Thomas Ryan Memorial Park on June 15, 2002 at noon, and (2) Skate Park Grand Opening on June 17, 2002 at 5pm. letter received from Dale Braddy with respec?t~ a variance granted for property Gundlach: Acknowledged for the record a A motion to adioum was made and seconded. The meeting adioumed at 11:~ 0 ~ ~ ~ ~ K~lly M~yer, i~cording Secretary 10