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HomeMy WebLinkAbout05 02 11 City Council minutes 4646 Dakota Street SE Prior Lake, MN 55372 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, He d- berg, Keeney and Soukup , City Manager Boyles, City Attor ney Pace , Streets and Utilities Sup e rv i sor Wiita, Interim City Engi neer Poppler, Building and Transportation Services Director Kansier, Finance Dire c- tor Erickson, Community Development and Natural Resources Direc tor Parr and Administrative Assis tant 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 pr i- 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 sub ject 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 ERIC KSON TO APPROVE THE AGEND A 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 APPRO VE THE MINUTES OF THE APRIL 18 , 2011 MEETING AS PR E SENTED. VO TE: 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 Authorizin g the Mayor and City Manager to Execute an Amen d- 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 I n- tegra Telecom. D. Consider Approval of Resolution 11 - 055 Authorizing the Mayor and City Manager to Execute an Adde n- dum to the T - Mobile Water Tower Antenna Agreement. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE THE CONSENT AGENDA AS PR E- SENTED . VOTE: Ayes by Myser, Erickson, H edberg, Keeney and Soukup. The motion carried. Phone 952.447. 9800 / Fax 952.44 7 . 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 I n- clude Provisions for Rear Yard Turf Establishment and Erosion Control. Building and Transportation Services Director Kansier reviewed the proposed amendment and reit e- rated the desire to have the proposed amendment enacted prior to the beginning of the con struction se a- 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 spec i fied in the certificate of occupanc y and to add them to the list of conditions which constitute a nuisance. Noted that the tim eline for establishing a r ear yard is proposed to be tied to receiving a certificate of occupancy. Comments: Keeney : Suggested there should be s tronger languag e 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 i f occupancy is scheduled outside of the growing season. Kansier : Believes the time frame for establishin g 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 a uthority to authorize the cert ificate of occupancy for whatever time frame desired . Keeney : Suggested including the word “temporary” so the amendment would read, “turf must be esta b- lished within the time specified by the tempor ary 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 e n- forceability to assure compl etion 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 temp orary certificate of occupancy gives the City more authori ty a s the builder d e- 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 : A greed “temporary” should be included. Soukup : A greed to the addition of “temporary . ” Hedberg : Support ed the amendments with the addition of “temporary.” Myser : A sked 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 d ep o sit until the criteria is satisfied . If it is not done , the City can keep the deposit and comp l ete work. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE ORDINANCE 111 - 04 AMENDING SE C- TIONS 401.401 TO INCLUDE PROVISIONS FOR REAR YARD TURF ESTABLISHMENT, INCLUDING THE ADDITION OF THE WORD “TEMPORARY” BEFORE “CERTIFICATE OF OCCUPANCY;” AND SE C- TION 605.200 OF THE CITY CODE TO INCLUDE PROVISIONS FOR EROSION CONTROL. 2 05 02 11 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NE W BUSINE SS Consider Approval of a Resolution Accepting Quotes for the Purchase of Standardized Equipment for the 2011 Sanitary Sew er Project 11 - 015. Streets and Utilities Supervisor Wiita described the existing inverted siphon sewer main system that is currently s erving 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 A venue 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: Ask ed 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 W atersedge line is u n- der the lake and breaks or failures in the line would not be seen. Hedberg : Asked when the Duluth line was installed. Wiita : E arly 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 spend s 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 quote d $81,858 is just for equipment and does not include installation. Wiita : A ffirmed. Keeney : Clarified that funding would be from the sewer fund and not assessed with the Boudin’s area street reconstruction. Wiita : Affi rmed . Myser : Asked if there is money budgeted in the CIP for the Duluth project. Wiita : Replied that Duluth Avenue was projected for the 201 1 - 201 5 CI P. Watersedge was not budgeted , but it is an opportune time to do it with the street reconstruction pro ject . 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 W a- tersedge project, costs would be covered with the $150,000 that was allocated for Duluth and $55,000 fro m the standard operating budget. Myser : Concurred with the need to get Watersedge completed. Reiterated that this project is an add i tion al $81,000. Poppler : Stated there will also be the costs of b oring which will be brought to the Council at a future date. Myser : Asked where the additional fund s 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 proj ect. T his 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 hig h er priori ty . 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 discu s sions. 3 05 02 11 City Council meeting minutes MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE RESOLUTION 11 - 056 ACCEPTING QUOTES FOR THE PURCHASE OF STANDA R DIZED EQUIPMENT FOR THE 2011 SANITARY S EWER 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 Anika h Schmidt from 3 - 10 p.m. More info rmation can found at the Caring Bridge site. Hedberg: C ommented 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 S tr a- tegic Plan and need s 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. W elcomed 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 d onkey 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 c onsultants will respond to questions pos ed to them on the project and tax impacts. Recognize d 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 mad e by E rickson and seconded by H edberg . With all in favor, the meeting adjourned at 7:35 p.m. _ ___ _______________________________ __ ________________________________ _ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 4 05 02 11 City Council meeting minutes