HomeMy WebLinkAbout0319 RegularREGULAR COUNCIL MEETING MINUTES
March 19, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager
Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Planning
Director Rye, City Engineer McDermott, Planning Coordinator Kansier, Assistant City Manager Walsh
and Recording Secretary Meyer.
APPROVAL OF AGENDA:
ERICSON: Asked that Item 9C (Consider Approval of a Resolution Authorizing Preparation of Plans
and Specifications for Playground Equipment as identified in the 2001 Capital Improvement Program)
and 9D (Consider Approval of a Resolution Relating to Picnic Shelter Construction in 2001 and
Changing the Location of Picnic Shelter Construction from that Proposed in the 2001-2005 CIP) be
the first order of New Business so that staff did not have to stay through the entire meeting.
MADER: Asked to add an item under Other Business to discuss the City Manager's 2001 performance
objectives.
BOYLES: Requested adding an Item under Other Business to discuss a request by the City of
Shorewood for support of a bill that would regulate the use of phosphorus fertilizers.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
APPROVAL OF MINUTES:
Regular Meeting Minutes of February 20, 2001
MADER: Clarified that on page 9 of the draft minutes in the last paragraph, the seventh sentence be
amended to read "Staff noted that the amount included $100,000 for road maintenance, as well as
landscaping and was increased from the original_=.vw'~ ~. ..... .......... proposed amount to "Also noted
a typographical error on page 13.
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE FEBRUARY 20,
MEETING MINUTES AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried. Ericson abstained.
2001
Special Meeting Minutes of February 27, 2001
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE FEBRUARY 27, 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.
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
March 19, 2001
(D) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approval of Preliminary 2000 Fourth Quarter Budget Report.
(F) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of St. Michael
AprilFest.
(G) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute an
Agreement between the City of Prior Lake and Council 14, Local 3884, American Federation of
State, County and Municipal Employees (AFSCME), AFL-CIO.
MADER: Removed Item 4E ( Consider Approval of Preliminary 2000 Fourth Quarter Budget Report).
BOYLES: Reviewed the remaining Consent Agenda Items.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE REMAINING CONSENT
AGENDA.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Quarter Budget Report
MADER: Highlighted the preliminary 2000 4th quarter budget report, particularly noting all of the
budgets within each of the City departments were met with the exception of Parks, Recreation and
Libraries but that the revenues in those departments were also over budget and offset the additional
costs. Also noted that overall for the total City expenditures were in the 99 percentile which is
excellent conformance to the budget, revenues were up which indicates those were conservatively
budgeted, and the most exciting aspect is that the surplus approaches $1 million for the past year.
Believed that the surplus was a good indication that the decisions that the Council has made to
reduce the levy were appropriate.
MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE PRELIMINARY 4TM
QUARTER BUDGET REPORT.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
PRESENTATIONS:
Swearing In Ceremony for Police Officers.
O'ROURKE: Briefly provided a background of each of the new officers and introduced Leah Patterson
and Katherine Quinn for swearing in.
Mayor MADER led the swearing in ceremony as both Leah Patterson and Katherine Quinn took the
oath of office.
PUBLIC HEARINGS: NONE.
City Council Meeting Minutes
March 19, 2001
OLD BUSINESS
Neighborhood Informational Meeting for 2001 Public Improvement Project and Consider
Approval of a Resolution Ordering the Improvements.
BOYLES: Reviewed the history of the item to date in connection with the staff report.
MCDERMOTT: Reviewed the five areas of most concern to the neighborhood including method of
assessment, sidewalks, tree replacement, alley and Memorial Trail, and discussed the rationale for
the staff recommendation.
ERICSON: Asked about the location of the sidewalks, and discussed the need for a sidewalk through
the park.
MCDERMOTT: Discussed the proposed location of the sidewalks and advised that no sidewalks are
proposed for northerly St. Paul Avenue due to the driveway grades. Advised that the sidewalk through
the park is not a necessity, but that children do cut across the grass to get to the school.
OSMUNDSON: Also advised that between Memorial Trail north to County Road 44 could be difficult to
construct and may be relocated.
ERICSON: Suggested that since sidewalks add additional responsibility to the property owners for
snow-shoveling, it would be preferable for the sidewalks to remain on the City side and then the City
could assume the maintenance responsibilities. Also commented that it might not be necessary to
change the one-way flow of traffic on Memorial Trail.
ZIESKA: Noted that for those residents that will be required to hook up to new sanitary sewer service,
the City will be paying for 75% of those costs rather than the originally proposed 50%.
GUNDLACH: Asked if it was possible to hold the special assessment hearing prior to the beginning of
construction.
BOYLES: Advised that the special assessment hearing could be conducted prior to construction, but
advised that the Council's previous conclusion was to conduct the hearing at or about the time the
project is concluded. Discussed the issues with completing the streets during the summer and the
notification process.
MADER: Noted that one of the reasons for holding the special assessment hearing further into the
project is that the numbers are better. Asked if there was an informational meeting scheduled.
TESCHNER: Commented that there are three reasons for conducting the assessment hearing as late
as possible. First, we can get a better handle on the costs. Secondly, it gives the property owners a
chance to see something for their money, and third, there are less interest costs than if the project is
assessed right away.
MCDERMOTT: Advised that an Informational Hearing is scheduled with staff and the neighborhood next
week.
MADER: Clarified that the action tonight was to order the project which authorizes the preparation of
plans and specifications, and that the Council would see the item again to approve the specifications
and eventually the award of bid.
3
City Council Meeting Minutes
March 19, 2001
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-26
ORDERING THE 2001 PUBLIC IMPROVEMENT PROJECT.
ERICSON: Discussed the method of assessment and the City's effort to equitably and reasonably
assess the properties. Believes the Council has considered alternative ideas. Noted that in this
particular area, the residents are paying considerably less than similar project would in other parts of
the City. Supported the motion.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Receiving Feasibility Report for the Ring Road, Ordering
Plans and Specifications and Authorizing Appraisals of Benefited Properties.
OSMUNDSON: Discussed the item in connection with the staff report.
GUNDLACH: Noted that another option was to straighten the curve between Duluth and Toronto
Avenue. Asked if that alignment was addressed in the Feasibility Report.
OSMUNDSON: Advised that the option is included as an alternate within the feasibility report. Further
noted that straightening the curve would leave a 1-1/2 acre parcel on the south side of the road.
ERICSON: Asked about the Borka property.
BOYLES: Advised that at this point staff is attempting to meet with each of the affected property
owners to informally discuss the project and their concerns. Also updated the status of the
construction of the new post office facility.
MADER: Noted that City staff had met with the Borka property owners regarding the long-term plans
for the property. Also commented that the alignment of the road is in part subject to the discussions
with the affected property owners. Asked about the issue of assessing properties.
OSMUNDSON: Clarified that once the appraisals are received, the City will know more about the total
cost for the project. Further advised that if it is determined that assessments are necessary, staff
would come back to the Council to amend the feasibility report and set a date out further for the public
hearing.
MADER: Discussed the road construction through the Park Nicollet project in connection with the
Crystal Care project and the development of the ring road. Suggested that it would be beneficial if the
construction on the Park Nicollet project could happen at the same time.
MOTION BY ERICSON, SECOND BY ZIESKA, APPROVING RESOLUTION 01-27 RECEIVING
FEASIBILITY REPORT, ORDERING PLANS AND SPECIFICATION AND AUTHORIZING
APPRAISALS OF BENEFITED PROPERTIES.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
4
City Council Meeting Minutes
March 19, 2001
NEW BUSINESS:
Consider Approval of a Resolution Authorizing Preparation of Plans and Specifications for
Playground Equipment as Identified in the 2001 Capital Improvement Program.
[Moved from Item 9C on the agenda.]
FRIEDGES: Reviewed the item in connection with the staff report. Discussed the process for specifying
and bidding the playground equipment. Suggested using a similar process to last time.
BOYLES: Asked for clarification that the action requested is to authorize preparation of plans and
specifications, then come back to the Council to approve the plans and specifications.
FRIEDGES: Confirmed.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-28
AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR PLAYGROUND
EQUIPMENT AS IDENTIFIED IN THE 2001 CAPITAL IMPROVEMENT PROGRAM.
(~UNDLACH: Asked staff to consider the issues raised by a particular vendor the last time the City bid
playground equipment regarding paint and using galvanized poles versus aluminum.
FRIEDGES: Briefly reviewed the issues as he remembered them indicating that there were several
issues for that vendor.
(~UNDLACH: Suggested writing the plans and specifications broad enough to allow as many vendors to
bid as possible.
ERICSON: Commented that the process proposed by staff is exactly what the Council has been asking
for.
MADER: Commented that even though the City would like to get the best bid price, staff should not feel
obligated to award bid strictly based on price if there is a valid reason. The Council does not intend to
sacrifice quality or meeting the needs of the parks. The City ultimately seeks the lowest responsible
bidder.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Relating to Picnic Shelter Construction in 2001 and
Changing the Location of Picnic Shelter Construction from that Proposed in the 2001-2005
Capital Improvement Program.
[Moved from Item 9D on the agenda]
FRIEDGES: Reviewed the agenda item in connection with the staff report, noting that thero will still be
six shelters constructed, but that staff would just be rearranging the construction order.
MADER: Asked the approximate cost per shelter.
FRIEDGES: $12,000-$13,000 per shelter.
MADER: Asked if Lakefront Park draws so many people, how we can justify removing the shelter from
Lakefront Park.
City Council Meeting Minutes
March 19, 2001
FRIEDGES: Discussed the shelter structures at Lakefront including the pavilion with its porch, the upper
lot shelter, one shelter is still recommended for construction, and a gazebo is proposed in 2003 CIP.
BOYLES: Asked if there was any sort of roof or awning planned for the arbor to provide some shade.
FRIEDGES: Advised that the issue could be looked into, but nothing is planned.
ERICSON: Noted that the band shelter is also slated for completion this year.
OSMUNDSON: Noted the staff is currently working on the CIP for 2002-2006 and items can be added or
changed at that point as well.
MOTION BY ZIESKA, SECOND BY GUNDLACH, APPROVING RESOLUTION 01-29 RELATING TO
PICNIC SHELTER CONSTRUCTION IN 2001 AND CHANGING THE LOCATION OF PICNIC
SHELTER CONSTRUCTION FROM THAT PROPOSED IN THE 2001-2005 CAPITAL
IMPROVEMENT PROGRAM.
VOTE: Ayes Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
The Council took a brief recess.
Consider Approval of a Resolution Authorizing Amendment to the Prior Lake 2020
Comprehensive Plan to Amend Land Use Map for 320 Acres Located at Sections 23 and 24,
Township 115, Range 22 from R-HD and C-BO to Rural Density.
KANSIER: Discussed the Comprehensive Plan Amendment request in connection with the staff report,
discussing each of the issues raised by the applicants, including but not limited to the applicant's
ability to farming the property, the tax advantages of the Ag Preserve program, the City's ability to
provide services to the site, and protection from eminent domain.
MADER: Reminded the Council that tonight's action is not a public hearing, noting that the public
hearing process was conducted at the Planning Commission level. Commented that both the Planning
Commission and Councilmembers have been under considerable pressure by the public due to
significant misinformation that has been circulated, and discussed some of the inaccurate statements
circulated. Commented that staff has done an excellent job putting the facts back into perspective so
the Council's decision can be based upon the specific criteria. Discussed the resolutions proposed by
staff and the options before the Council.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-30 DENYING
THE PROPOSED AMENDMENT TO THE 2020 COMPREHENSIVE LAND USE PLAN LAND USE
MAP FOR THE PROPERTY LOCATED IN SECTIONS 23 AND 24, TOWNSHIP 115, RANGE 22.
GUNDLACH: Commented on his personal meeting with Mike and Becky Vierling and the snowballing
effect with misinformation that was initiated by the applicant's own counsel. Based upon the facts in
this issue and the criteria for making the decision, determined that he would support a motion to deny
the request.
PETERSEN: Discussed how there was relatively no tax impact for the property by the Ag Preserve
program and could not support granting the request to amend the Comprehensive Plan.
6
City Council Meeting Minutes
March 19, 2001
ERICSON: Commented that he has been on both sides of the issue, and believes that the $468 does
not show appreciable benefit to even consider a Comprehensive Plan amendment. Further noted that
the City does not have any plans for the property and that its development is in the hands of the
owner.
ZIESKA: Believes that much of this issue has been about emotion, but that when considering the facts
does not believe there is justification for amending the Comprehensive Plan. Discussed another
instance in which the Comprehensive Plan was changed for property on the northeast corner of
County Road 18 and County Road 42, where the land was changed from residential to commercial-
office park. The land is directly across the street from the Vierling property and changing the
designation to commercial has not affected how those property owners enjoy or use their property.
The only benefit appears to be a $468 tax savings. Supported the motion to deny the request.
KANSlER: Reviewed the criteria by which the City considers Comprehensive Plan Amendments,
including the goals and objectives listed in the Comprehensive Plan, the purpose of the proposed
designation, and the development location criteria for the proposed designation.
MADER: Commented on the various attitudes expressed at the public hearing in connection with the
criteria and noted that the Comprehensive Plan is a long-term vision for the City and defines the City's
expectation for the future. Discussed a statement made by the applicant's attorney that if the request
was granted, the applicant would move to remove the property from the Ag Preserve program in two
years. Did not believe that was the purpose of a long-term planning document. Commented that one
of the criteria for putting land into the rural designation would be if there was not water or sewer
available. In this case, there is sewer and water available directly in front of the property. [Staff
confirmed]. Also discussed that the traffic flows on that street by state standards are well below
capacity. Further stated that there is no action that this Council is considering that would preclude the
Vierlings from continuing to farm the land. [Staff confirmed] Referred to some statements made by
the applicant's attorney that the City intended to develop the site for public buildings. [Staff confirmed
that there were no plans in place for City development of the property]. Asked the City Attorney if
there is anything in the application or the supporting documentation that would indicate that the City
Council would be acting inappropriately.
PACE: Advised that based upon the comments from the Councilmembers and the staff report, and
assuming that the views of the staff report are consistent with the view of the Council, the designation
in the Comprehensive Plan appears to be appropriate.
MADER: Asked if the Comprehensive Plan already in place reflects the previous desires of the
property owner. Also asked for clarification that the responsibility for verifying a change in the
Comprehensive Plan rests with the applicant.
KANSIER: Advised that in 1993, the Vierling applied to remove this site from the Ag Preserve program
and when the Comprehensive Plan was updated in 1995, the future designation was based upon the
fact that the owners did intend to remove it.
PACE: Advised that the issue of responsibility for demonstrating a change to the Comprehensive Plan
is a legal standard borne by the applicant.
MADER: Did not believe that any of the information presented by the applicant's attorney provided any
plausible justification for the Comprehensive Plan amendment under the criteria. Supported the
motion to deny the application.
City Council Meeting Minutes
March 19, 2001
GUNDLACH: Agreed with the conclusion from the staff report and read verbatim (page 7, second bullet)
regarding the purpose of the Comprehensive Plan. Further commented that the Comprehensive Plan
use was appropriate.
MADER: Asked staff to clarify if the information submitted by the applicant's attorney regarding the
MUSA.
KANSlER: Explained the undesignated or floating MUSA concept which includes this property in the
primary allocation area and there is approval from the Met Council to provide utilities.
MADER: Asked if there was any other land in Prior Lake enrolled in the Ag Preserve program.
KANSlER: Advised that there were approximately 40 acres near Howard Lake, where it is impractical in
the foreseeable future to extend utilities.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
The Council took a brief recess.
Consider Approval of a Resolution Approving the Preliminary Plat to be Known as The Wilds
South.
KANSIER; Briefly reviewed the project in connection with the staff report.
MADER: Asked if all the details of the plan meet the City's ordinances.
KANSlER: Advised that the preliminary plat does meet all the City's zoning and subdivision ordinances,
or will with minor modifications.
MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-31
APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS THE WILDS SOUTH.
ERICSON: Commented that he liked the size of the lots and this type of development, and would like to
see more of this type of development.
Z~ESKA: Asked about how difficult snowplowing will be with the center islands in the cul-de-sacs.
OSMUNDSON; Advised that it isn't an ideal situation, but that staff was comfortable with the proposal.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of an Interim Ordinance Imposing a Moratorium on Excavation and Mining
Operations in Order to Allow the City to Study the Treatment of Such Uses in the Context of
Zoning.
MADER: Explained the purpose of the agenda item and the need for further study on this item. Also
noted that this item would not affect the conditional use permit granted to Ryan Contracting.
City Council Meeting Minutes
March 19, 2001
PACE: Commented that the ordinance had been reviewed with the City Manager and Planning and
Public Works Departments, and clarified that the moratorium could affect the conditional use permit of
Ryan Contracting at its renewal.
BOYLES: Reviewed the proposed ordinance and discussed the proposed study itself and the staff's
recommendation for approval.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE ORDINANCE 01-02 IMPOSING A
MORATORIUM ON EXCAVTION AND MINING OPERATIONS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OTHER BUSINESS / COUNCILMEMBER REPORTS:
City Manager 2001 Objectives
MADER: Briefly discussed the item and asked for City Council formal approval, noting that several of
the objectives will be challenging to accomplish.
BOYLES: Advised that he had had the opportunity to review the objectives and had also discussed
them with the staff.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE OBJECTIVES AS
PROPOSED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Legislative Support for Prohibiting the Use of Phosphorus Fertilizer
BOYLES: Noted that the resolution proposed by the City of Shorewood is intended to garner support
for legislation banning the use of phosphorus lawn fertilizers, and because the Council had previously
supported such action by adopting its own ordinance regulating phosphorus fertilizer, he felt it was
appropriate to bring this item to the Council.
ERICSON: Commented that he would prefer to see the entire bill and its statewide impacts before
issuing support.
There was consensus among the Council that a closer review of the bill is necessary.
Signs Ordinance Enforcement
(~UNDLACH: Discussed the continued problem with temporary signs and suggested that staff further
follow-up with additional enforcement measures, particularly with developers.
MOTION BY GUNDLACH, SECOND BY ERICSON TO DIRECT STAFF TO ADDRESS FURTHER
EFFORTS TO ENFORCE THE SIGN ORDINANCE.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
ERICSON: Asked the staff to keep an eye out for the census information.
(~UNDLACH: Asked about the status of the library/resource center.
City Council Meeting Minutes
March 19, 2001
BOYLES: Advised that a report is forthcoming and needs to be further reviewed by staff at this point.
MADER: Discussed the Met Council's initiative to score communities based upon their affordable
housing efforts, and the use of those scores to determine eligibility for funding. Asked staff to follow-
up with Councilmembers to what extent the Council wants to appear at an upcoming hearing. Further
advised that he had received several comments on the quality and level of service provided by our
snowplowing staff. Also advised that he had also received comments from residents in the Franklin
Trail area that thanked the City for cleaning up the TJ Towing site.
ERICSON: Asked about the status of the EDA bylaws.
BOYLES: Commented that he felt there was enough on the agenda tonight, but intended to follow-up
with the subcommittee so that the item could be placed on the April 2, 2001 agenda.
A motion to adjourn was made and seconded. The meeting adjourned at 10:05 ..
Frank Boyles, Kelly Meyer, Re, cg~b, rding Secretary
10