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HomeMy WebLinkAboutDraft 05/02/11 Minutesti u ry 4646 Dakota Street SE Prior Lake, MN 55372 0 VP REGULAR CITY COUNCIL MEETING MINUTES May 2, 2011 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Myser, Council members Erickson, Hed- berg, Keeney and Soukup, City Manager Boyles, City Attorney Pace, Streets and Utilities Supervisor Wiita, Interim City Engineer Poppler, Building and Transportation Services Director Kansier, Finance Direc- tor Erickson, Community Development and Natural Resources Director Parr and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pri- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY ERICKSON TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE APRIL18, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 11 -053 Authorizing the Mayor and City Manager to Execute an Amend- ment to the Tri -City Tactical Joint Powers Agreement Adding Carver County. C. Consider Approval of Resolution 11.054 Approving the Private Use of Public Property Agreement with In- tegra Telecom. D. Consider Approval of Resolution 11.055 Authorizing the Mayor and City Manager to Execute an Adden- dum to the T- Mobile Water Tower Antenna Agreement. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com PRESENTATION No presentation was scheduled. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of an Ordinance Amending Sections 401.401 and 605.200 of the City Code to In- clude Provisions for Rear Yard Turf Establishment and Erosion Control. Building and Transportation Services Director Kansier reviewed the proposed amendment and reite- rated the desire to have the proposed amendment enacted prior to the beginning of the construction sea- son. The intent of the amendments is to minimize run -off and erosion from the rear yard of a property by requiring the owner of property to establish turf in the rear yard of their property by the date specified in the certificate of occupancy and to add them to the list of conditions which constitute a nuisance. Noted that the timeline for establishing a rear yard is proposed to be tied to receiving a certificate of occupancy. Comments: Keeney: Suggested there should be stronger language on rear yard establishment so that it is established at the time of occupancy when it is in the growing season. Indicated that could be an issue if occupancy is scheduled outside of the growing season. Kansier: Believes the time frame for establishing turf could be an issue and that it could vary from 30 to 60 days. Keeney: Asked if the current practice is to allow a certificate of occupancy without turf established and whether language could be specified to indicate a time frame for it. Kansier: Replied the City has the authority to authorize the certificate of occupancy for whatever time frame desired. Keeney: Suggested including the word "temporary" so the amendment would read, "turf must be estab- lished within the time specified by the temporary certificate of occupancy." Erickson: Asked if the amended language would be retroactive to currently occupied homes. Kansier: Replied it would not be retroactive; but the amended language for Section 605.200 provides en- forceability to assure completion of requirements. Erickson: Asked how enforcement could occur when someone has a certificate of occupancy and might not allow City personnel onto their property. Kansier: Replied that a temporary certificate of occupancy gives the City more authority as the builder de- posit is still being held and can be used to enforce compliance. After the certificate of occupancy is granted, basic code enforcement procedure could be used. Erickson: Agreed "temporary" should be included. Soukup: Agreed to the addition of "temporary." Hedberg: Supported the amendments with the addition of "temporary." Myser: Asked what the issue would be with enforcement. Kansier: Replied that by adding the timing of turf establishment allows the City to hold the builder's deposit until the criteria is satisfied. If it is not done, the City can keep the deposit and complete work. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE ORDINANCE 111.04 AMENDING SEC- TIONS 401.401 TO INCLUDE PROVISIONS FOR REAR YARD TURF ESTABLISHMENT, INCLUDING THE ADDITION OF THE WORD "TEMPORARY" BEFORE "CERTIFICATE OF OCCUPANCY;" AND SEC- TION 605.200 OF THE CITY CODE TO INCLUDE PROVISIONS FOR EROSION CONTROL. 2 DRAFT 05 0211 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Resolution Accepting Quotes for the Purchase of Standardized Equipment for the 2011 Sanitary Sewer Project 11 -015. Streets and Utilities Supervisor Wiita described the existing inverted siphon sewer main system that is currently serving the area of Watersedge Trail to Glendale Avenue and the service issues experienced with it. Proposed that replacement of the sewer service to this area should be undertaken in conjunction with the 2011 reconstruction project in lieu of the Duluth Avenue sanitary sewer repairs that were approved in the 2011 -2015 Capital Improvement Program (CIP). Further proposed that the Duluth Avenue project be postponed to the 2012 -2016 CIP. Identified the costs to complete the project. Comments: Hedberg: Asked if there have been any failures with the Duluth Avenue line. Wiita: Replied there have been no backups into residences. Stated there was a backup into a roadway. Explained that in the Duluth Avenue area, failures can be monitored by staff; but the Watersedge line is un- der the lake and breaks or failures in the line would not be seen. Hedberg: Asked when the Duluth line was installed. Wiita: Early to mid- 1970s. Described the layout of that line and stated his belief that the Duluth line can safely be postponed. Hedberg: Commented that the City spends money each year to upgrade sewer system and needs to keep up with it. Will support. Soukup: Asked if including this with the Boudin's area street reconstruction will add time to the project. Wiita: Replied he is working with the engineering staff to coordinate the project and it will not extend the timeline of the overall project. Soukup: Concurred the project should be done and is glad it is being done cost effectively. Erickson: Will support. Keeney: Queried whether the quoted $81,858 is just for equipment and does not include installation. Wiita: Affirmed. Keeney: Clarified that funding would be from the sewer fund and not assessed with the Boudin's area street reconstruction. Wiita: Affirmed. Myser: Asked if there is money budgeted in the CIP for the Duluth project. Wiita: Replied that Duluth Avenue was projected for the 2011 -2015 CIP. Watersedge was not budgeted, but it is an opportune time to do it with the street reconstruction project. Myser: Sought clarification of the funding amounts and sources to learn the impact on the CIP. Wiita: Replied Duluth is projected to be $150,000 and explained what the costs would entail. For the Wa- tersedge project, costs would be covered with the $150,000 that was allocated for Duluth and $55,000 from the standard operating budget. Myser: Concurred with the need to get Watersedge completed. Reiterated that this project is an additional $81,000. Poppler: Stated there will also be the costs of boring which will be brought to the Council at a future date. Myser: Asked where the additional funds would come from if the money is pulled forward from the CIP. Boyles: Responded that the CIP is annually reviewed to be able to consider this kind of project. This was an unforeseen project and has not been programmed, but there is no obligation to do the Duluth project and this project is seen as a higher priority. Myser: Clarified that delaying the Duluth Avenue project has no budget impact at this time. Poppler: Affirmed, adding that the Duluth Avenue project will be brought up in future CIP discussions. 3 DRAFT 05 0211 City Council meeting minutes MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE RESOLUTION 11.056 ACCEPTING QUOTES FOR THE PURCHASE OF STANDARDIZED EQUIPMENT FOR THE 2011 SANITARY SEWER PROJECT 11 -015. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Soukup: Stated that a fundraising benefit will be held on May 7 at the VFW for Anikah Schmidt from 3 -10 p.m. More information can found at the Caring Bridge site. Hedberg: Commented on the war against terror and thanked the professionals in the military stating we are all safer because of their efforts. Stated the City is undertaking an update of the 2030 Vision and Stra- tegic Plan and needs the involvement of citizens in the community. Provided the date, time and location of the event. Keeney: DARE Day is May 7. Encouraged all to participate. Erickson: Tuesday, May 3 is the Local Board of Appeal and Equalization public hearing at 6 p.m. in the Council Chambers. Welcomed a new business to Prior Lake — Soukup the Sun. Soukup: Described her business. Myser: Thanked the Chamber of Commerce for hosting the Senior Luncheon today and all businesses that supported the event. Thanked staff who served at the lunch. Stated there will be a fundraising donkey basketball game at Twin Oaks on Saturday. A town hall meeting on the CR 21 project will be held on May 31 at City Hall, and consultants will respond to questions posed to them on the project and tax impacts. Recognized service men and women and intelligence personnel who removed Osama bin Laden and thanked them for their service. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and seconded by Hedberg. With all in favor, the meeting adjourned at 7:35 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. DRAFT 05 02 11 City Council meeting minutes 4