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HomeMy WebLinkAboutAgenda & Minutes 100101 NO WORK SESSION SCHEDULED 16200 Eagle Creek AV~M: 7:00 P.M. - 7:30 P.M. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA Please remember that City Council meetings are cablecast live; therefore, for viewers at home to be able to heal vour comments, you must use the podium and speak into the microphone to address the City Council. Before beginning, please state your name and address so that the recorder is able to have an accurate record of the 'meeting. Special assistance for the hearing impaired may be arranged by contacting City Hall 48 hours prior to time of the Council meeting. 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ...........................7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF SEPTEMBER 17, 2001 REGULAR MEETING MINUTES and SEPTEMBER 24, 2001 SPECIAL 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 Authorizing the Installation of NO PARKING signs on Pleasant Street and Removal of Same on Duluth Street. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS.: NONE. 7 PUBLIC HEARINGS: NONE. 8 OLD BUSINESS: A) Consider Approval of Report Regarding CSAH 21 Access to Regal Crest Plat. B) Consider Approval of a Resolution Approving Final Plat and Authorizing Execution of Development Contract for the Development to be Known as Regal Crest. 9 NEW BUSINESS: NONE. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: A) Executive Session to Conduct Periodic City Manager Performance Evaluation, Pending Litigation Update, and Labor Relations Update. 11 ADJOURNMENT www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 (B) Consider Approval of an Ordinance Amending Section 401 of the City Code Relating to the Prior Lake Volunteer Fire Department. (C) Consider Approval of a Report Relating to Private Use of Public Right-of-Way. (D) Consider Approval of a Joint Powers Agreement between the City of Prior Lake and Scott County Regarding Telecommunications Facilities in County Road Rights-of-Way. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: 11 ADJOURNMENT 120301 REGULAR COUNCIL MEETING MINUTES September 17, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Mayor Mader briefly commented on the tragedies of September 11th and asked the public to join in the Pledge of Allegiance followed by a moment of silence in honor of those who had died. Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Attomey Pace, Finance Director Teschner, City Engineer McDermott, Planning Director Rye and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Requested addition of an item as 9D authorizing a new lease agreement for City Perks, and also correcting the agenda to correspond with the staff report in that the amount of General Obligation bonds sold under Item 9C is $1,035,000. MADER: Requested adding an update item as 9E regarding the process for development of the Jeffer's Pond property. Further noted that Item 9B will be moved up to accommodate the schedule of the speaker, and that a resident has requested to speak in connection with the Mediacom cable report at item 6B. MOTfONBY ERICSON, SECOND BY ZIESKATO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 7. 2001 MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE SEPTEMBER 7, 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 Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Fire Call Report. (F) Consider Approval of Election Judge Appointments for 2001 General Election. BOYLES: Reviewed the Consent Agenda items. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 16200 Eagle Creek Ave. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes DRAFT September 17, 2001 ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENTATIONS: Mediacom (Bill Jensen) BOYLES: Gave a brief overview noting that Mr. Jensen was present to address a number of customer service concerns. Noted that the customer service reports for June, July and August have been received, but that neither he or the Councilmembers had yet had a chance to review the reports. JENSEN: Discussed the questions identified by the City Manager in his August 13th letter advising that the customer service reports had been delivered this evening. Secondly, advised that the live City Council broadcast of the August 16th was interrupted due to a simple re-adjustment of the modulator which they needed to do. Thirdly, new cable line-up channel cards were being distributed to all customers this week. Lastly, discussed the crawler message and weak reception indicating that the crawler messages are not controlled by Mediacom and is software in the converter box. Further noted that new high-speed data cable modems are still awaiting the big data circuit in St. Peter, but enough conductivity exists so that Mediacom can start installing modems and taking orders at the call center. Modem only services can be provided. Explained how the installation of cable access lines will take place, and that the time from the taking of orders to installation may take 5 to 7 days. ERICSON: Asked if there was a local customer service or emergency number, rather than just the call center in Waseca. JENSEN: Advised that the local office in Savage is staffed to handle walk-in traffic, but not heavy telephone traffic. GUNDLACH: Commented that it seems there is a communication failure between the Waseca call center and the local repair people. Also discussed a problem he had with receiving premium channels because Triax did not install the necessary filters, and Mediacom's follow-through with a letter response. JENSEN: Advised that there is now a new customer service manager at the Waseca call center. There is also a new construction manager on staff. There is also a new plant manager. Mediacom is switching over key management positions in an attempt to make things right. Noted that as new services are rolled out, calls are taking a longer time per call. Acknowledged that unauthorized service levels are a combination of things, but that he had never sent out a letter accusing residents of stealing premium channels. MADER: Asked what the industry standards are for acceptable customer service, and where they come from. Noted that he would like to see the minimum numerical standards and that a summary chart of how Mediacom compares would be helpful. Further commented that he believed the Council is probably unanimous is its appraisal of the improvement of the services as compared to the Triax days. However, it appears that Mediacom is still stronger in marketing than it is in service. He personally did not appreciate being in the position of a complaint department of the cable franchise. JENSEN: Advised that the Federal Communications Commission has a benchmark of industry standards, as well as the National Cable Telecommunications Association, who took the standards another step. The standards relate to telephone call center performance, number of outages, length of wait for an installation. Believed the standards were in the Franchise Agreement, but would provide them and match them up with the report. JEFF EWING (16323 Victory Curve): Related a circumstance with getting a cable drop buried and the frustrating communications he has had with Mediacom, noting in part the rudeness of call center staff, the length of time to get the installation complete, and the ineptness of the service center. 2 City Council Meeting Minutes DRAFT September 17, 2001 The next item on the agenda was Item 9B (Consider Approval of a Resolution Authorizing Negotiated Sale of $1,035,000 General Obligation Improvement Bonds of 2001.) PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution of a Development Contract for the Development to be Known as Meadow View. RYE: Reviewed the agenda item in connection with the staff report. ERICSON: Asked when County Road 83 would be upgraded. McDERMOTT: Advised that it is scheduled to begin April 2002 and the Council should see a cooperative agreement in the next few months. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 01.107 APPROVING THE FINAL PLAT AND AUTHORIZING EXECUTION OF THE DEVELOPMENT CONTRACT FOR THE PLAT KNOWN AS MEADOW VIEW. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. " , NEW BUSINESS: Consider Approval of Two Resolutions: (1) Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Roll for the 2001 Improvement Project; and (2) Establishing the Date of the Assessment Hearings for 2001 Improvement Project. McDERMOTT: Reviewed the agenda item in connection with the staff report, advising that the project will be substantially completed in October 2000. MADER: Asked the City Engineer to give her best estimate of a completion date. McDERMOTT: Reviewed the items to be finished and advised that she believed the project would be mostly complete by the public hearing date of October 15th. ERICSON: Commented that the staff report does not reflect how the five issues related to the project were resolved. Suggested that future reports summarize what issues were addressed and how they were resolved. McDERMOTT: Clarified that at a subsequent meeting of the Council, direction was provided by the Council with respect to each of the issues and the project proceeded in that fashion. Noted that Memorial Trail would remain a one-way street. MADER: Suggested that staff summarize the issues and how and when they were resolved, and provide that information to the Council in written form. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01.108 AS AMENDED DECLARING COSTS TO BE ASSESSED BY THE FRONT FOOTAGE METHOD AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2001 IMPROVEMENT PROJECT. 3 City Council Meeting Minutes DRAFT September 17, 2001 ZIESKA: Added that the special assessments subcommittee had met on two occasions and both recommendations had been the front footage method. Noted that the flagged lots will be assessed in connection with the front footage method, and that the property owners will have the opportunity to discuss any issues at the assessment hearing, and that the Council can make any necessary changes at that time. McDERMOTT: Confirmed. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01.109 ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR 2001 IMPROVEMENT PROJECT FOR OCTOBER 15, 2001. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Authorizing Negotiated Sale of $1,035,000 General Obligation Improvement Bonds of 2001. [THIS ITEM WAS CONSIDERED BEFORE OLD BUSINESS]. STEVE MATTSON (Juran & Moody): Discussed the agenda item in connection with the staff report. Noted that since the interest rates were adjusted, a re-calculation was necessary, and it is anticipated that if rates hold, it should save the City an additional $20,000. Advised that the City has an opportunity at this time because there are no other bonds sales scHeduled. Recommended completing the official statement as quickly as possible and setting a special meeting for next Monday afternoon. MADER: Commented that since the Council has been through this process in many instances, believed the recommendation by Mr. Mattson was in the City's best interest. Asked the Finance Director to comment on this bond issue's impact upon the proposed 2002 budget. Also asked if the resolution in the staff report is st!1I accurate. TESCHNER: Advised that the bond issue has a reduced impact. The net result is that the levy will actually go down by $14,000 if the Council does not choose to offset this levy with any other budget related expenditure. Also confirmed that the resolution is accurate. ERICSON: Asked if rather than holding a special meeting, if the resolution could be adopted conditionally. MATTSON: Explained that the approving attorneys who must sign off on the transaction would recommend the Council seeing this item again once the interest rate and structure are final. MOTION BY PETERSEN, SECOND BY ERICSON APPROVING RESOLUTION 01-106 AUTHORIZING NEGOTIATED SALE OF $1,035,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2001. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY MADER, SECOND BY GUNDLACH TO SET A SPECIAL CITY COUNCIL MEETING AT CITY HALL ON MONDAY, SEPTEMBER 24, 2001 AT 5PM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 4 City Council Meeting Minutes DRAFT September 17, 2001 Consider Approval of an Ordinance Approving an Amendment to the Zoning Ordinance Establishing a Procedure for the Review of Site Plan Applications (Case File No. 01-069) RYE: Reviewed the agenda item in connection with the staff report, noting that the intent is to formalize the procedure for the review of site plan applications that is already in place, and is in response to a reference in the Downtown design ordinance. PACE: Asked if the appeal process setting a time for appeal is set forth elsewhere in the zoning ordinance. RYE: Confirmed. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE ORDINANCE 01.11 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A PROCEDURE FOR THE REVIEW OF SITE PLAN APPLICATIONS (CASE FILE NO. 01-069). VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, Nay by Ericson, the motion carried. Consider Approval of a Resolution Authorizing a New Lease Agreement for City Perks. BOYLES: Reviewed the agenda item in connection with the staff report. PETERSEN: Asked if the rate is the same lease payment paid by Bergeron. BOYLES: Confirmed. MADER: Asked ifthe lease agreement and guaranty are the same document that the City entered into with Bergeron. PACE: Confirmed, except that some of the provisions relating to installation of new improvements had been deleted. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-110 TERMINATING THE CURRENT LEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR CITY PERKS. PACE: Advised that the City has not release the current guaranty with Bergeron and won't do so until the current owners are up and running. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: Update Regarding Development of the Jeffer's Property MADER: Advised that the Council subcommittee has worked with the City's development review committee to gather information and identify the issues regarding the development. Two of the issues raised by the developer were a potential change of the Zoning Ordinance and/or Comprehensive Plan with respect to the property, and also an issue regarding park property. Believed that the Council's position is that it is premature absent any applications, for this Council to make any determinations; second, that any application would need to generally comply with the City's current Zoning Ordinance and 5 City Council Meeting Minutes DRAFT September 17, 2001 Comprehensive Plan, both of which are relatively new documents; and lastly that this Council's policy has been to acquire park land whenever possible. GUNDLACH: Confirmed that the Mayor had set out the intent and issues accurately, and that the purpose tonight was to provide the staff some direction. MADER: Further noted that zoning and comprehensive plans are not items that are negotiated with developers, and that the burden is on the developer through an amendment process. PETERSEN: Noted that the Comprehensive Plan and Zoning Ordinance are relatively new documents that the staff and Council spent significant time and consideration in developing. Believe the project should substantially comply with those regulations. ERICSON: Agreed with Council member Petersen and the Mayor in that the Comprehensive Plan and Zoning Ordinance took considerable time to develop and any project should comply with its parameters. ZIESKA: Also agreed. PETERSEN: Further discussed park land dedication and that the City should hold to its policy to acquire land for the City. ERICSON: Added that with respect to any application, the Council would certainly entertain and review any proposal, but that the burden lies with the developer to show a viable hardship for consideration of any Comprehensive Plan and/or Zoning Ordinance amendment. Park Advisory Meeting. ZIESKA: Commented that the Parks Advisory Committee discussed, and is generally in agreement with, adding parking at Grainwood Park at the fishing pier, and re-striping the Lakefront Park upper parking lot. Noted that the PAC did have some concern regarding replacement of the steps at Lakefront. The PAC also suggested with respect to Sand Point Park parking that staff be given some discretion to limit trailer parking in the event large groups have reservations at one of the picnic shelters. Regal Crest MADER: Noted a letter received by a homeowner's association neighboring the proposed Regal Crest plat that addressed several issues with respect to the plat. Asked staff to clarify the options and bring the information back to the Council at the next meeting. MOTION BY MADER, SECOND BY ERICSON TO RE-EVALUATE THE ISSUES RAISED AND BRING INFORMATION BACK TO THE COUNCIL FOR CONSIDERATION AT THE OCTOBER 1, 2001 COUNCIL MEETING. ZIESKA: Also asked staff to also provide site distance calculations at a speed of 40mph, and to identify how the site distances are mitigated. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 6 City Council Meeting Minutes DRAFT September 17,2001 Parking at Lakefront Park during Large Events MADER: Commented that there are some issues with parking during large events, in particular sporting events, both at Lakefront Park and at The Ponds. Asked staff to follow-up to see what the options may be available to address those issues. . A motion to adjourn was made and seconded. The meeting adjourned at 9:20pm. Frank Boyles, City Manager 7