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HomeMy WebLinkAboutMinutes & Agenda 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: MAY 20, 2002 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF MAY 6,2002 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 Treasurer's Report C) Consider Approval of Building Permit Report. D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Monthly Fire Call. F) Consider Approval of a Temporary 3.2 Non-Intoxicating Liquor License for the Cystic Fibrosis Foundation. 1. ITEMS REMOVED FROM CONSENT AGENDA: 2. PRESENTATIONS: G) Result of Scott County Aging Study (Jennifer Dushane) H) Consider Approval of a Resolution Recognizing the Period of May 24th through June 2nd as "Buckle Up Prior Lake". 7. BOARD OF REVIEW (Continued from May 6, 2002) 8. PUBLIC HEARINGS: A) Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located 0 n Lot 1 , Block 2, Waterfront Passage Addition (Case File #02- 043). B) Public Hearing to Consider an Appeal of the Planning Commission Decision to Deny Variances to Allow a Structure Setback of 1-Foot to a Front Lot Line, a 1.3-Foot Sideyard Setback, a Building Separation Less than 15 Feet, a Sum of Side Yards Less than 15 Feet, an eave Encroachment into a Side & Front Yard, a 62.8-Foot Building Wall Setback to Side Yard, and a Driveway setback to the Side Yard (Case File #02- 029PC). 052002 il -_._-,,-.',-".,,_._----_. '-----"----' ".-.., ^ .".............~~_____'_.,..."_..._~,~~"_._~,_,...___o..__._,._.__o.'<___'"_~""___~_'....,....--""~_"."" _ C) Public Hearing to Consider Approval of a Resolution Upholding the Decision of the Planning Commission to Approve Variances to the Top of the Bluff Setback, Front Yard Setback, Lot Width and Driveway Width at the Front Property Line for the Construction of a Single-Family Dwelling on Property Located at 5584 Candy Cove Trail and Zoned R-1SD. 9. OLD BUSINESS: A) Consider Approval of a Resolution Receiving Bids and Awarding a Contract to Davies/Northern Water Works for the Meter Replacement and Automated Meter Reading System Project. B) Consider Approval of Two Resolutions (1) Accepting Bids and Awarding the Contract for CSAH 42 Trunk Watermain Improvements (City Project 02-01) and (2) Authorizing Bonestroo Rosene Anderlik and Associates, Inc. to Provide Construction Inspection and Surveying for Project 02-01. C) Consider Approval of a Resolution Authorizing Full and Final Payment for the Drilling and Testing of a F.I.G. Well. 10. NEW BUSINESS: A) Consider Approval of 2001 Annual Financial Report and Management Letter. B) Consider Approval of a Resolution Approving an Agreement between Scott County and the City of Prior Lake for Dial-a-Ride Services. 11. OTHER BUSINESS: 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT 052002 ._____....~.~..._.. ..... ........._...... __.... ._._~.._.. ._._ .._......._..d '_0 .'""....__.".__,._._.~'_______._______~__~_.__,..~..,."...___._.., REGULAR COUNCIL MEETING MINUTES May 6,2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, City Engineer McDermott, Community Development Director Rye, and Recording Secretary Meyer. OATH OF OFFICE City Manager Boyles administered the oath of office to Chad LeMair who was appointed to the City Council for a term expiring December 31, 2003. APPROVAL OF AGENDA: Gundlach: Requested adding an item as 10E to fill a vacancy on the Lake Advisory Committee. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES OF APRIL 15. 2002 REGULAR MEETING MINUTES. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE APRIL 15, 2002 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, and Zieska, the motion carried. Councilmember LeMair abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 02-63 Approving Registered Land Survey for Regal Crest. Bovles: Reviewed the consent agenda items. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE PRESENTATIONS: Extreme Bass / Cystic Fibrosus Bass Tournament Benefit Andy Carr (Waste Management), Jill Evenocheck (Cystic Fibrosus), and Randy Hayes (Extreme Bass) reviewed the plans for the June 16, 2002 Cystic Fibrosus benefit at Lakefront Park, and further advised the Council of the advertising, specifics of the fishing tournament, and events planned. Community Development Efforts Rve: Discussed the comments he's heard to date as he has met with Downtown business owners. Further discussed the information he's received from the business owners in the Commerce/Boudin area, signage in general, and the business 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 DRAFT May 6,2002 retention efforts with Norex Corporation. Also discussed several options for a fagade improvement program in the Downtown area, and the realignment of the parking areas near the Fong's, Video Update, Viking Liquor, Prior Lake Florist area along Pleasant Avenue. HauQen: Thanked Don for his efforts to date and noted how happy Norex Corporation was with the support of the City staff and City Council. Asked for an update on the Lakefront Plaza project. Rye: Advised that last week he was advised that they are still trying to resolve several issues, but that they anticipate the project proceeding. PUBLIC HEARINGS: Consider Approval of a Resolution Approving Vacation of utility Easement Located Adjacent to Lots 5, 6, 7 and 8, Block 1, Deerfield 2nd Addittion to be added to Deerfield 6th Addition. Rye: Reviewed the agenda item in connection with the staff report. Mayor Haugen declared the public hearing open. No members of the public were present to address the Council. MOTION BY ZIESKA, SECOND BY GUNDLACH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.64 APPROVING VACATION OF UTILITY EASEMENT LOCATED ADJACENT TO LOTS 5, 6, 7 AND 8, BLOCK 1, DEERFIELD 2ND ADDITION TO BE ADDED TO DEERFIELD 6TH ADDITION. LeMair: Asked if the townhomes were sold with the intention that no decks or additions were possible. Rye: Explained that he believed that the intention was that decks would be added, and that there was probably an error in calculating the lot dimensions. Zieska: Commented that this seemed to be a creative solution to not having to apply for variances for those lots. Petersen: Noted that the situation may have been different if there had been utilities in the easement, or if there was a future need for utilities in that area. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Local Board of Appeal and Equalization Meeting Boyles: Briefly reviewed the Board of Appeal process and introduced County Assessor Leroy Arnoldi. Leroy Arnoldi (Scott County Assessor): Reviewed the agenda item in connection with the staff report. Mayor Haugen declared the public hearing open. 2 City Council Meeting Minutes DRAFT May 6,2002 Lawrence Schweich (PID #25-9010084): Believed that normally property value on waterfront would increase. This particular property is part of three tax parcels, is commercial in nature, affected by the water level of Markley Lake and rendered useless, and is also virtually land-locked due to the condition of the access to the property. Suggested that the property be physically viewed in order to understand. Lerov Arnoldi: Suggested an on-site inspection and viewing the property as a whole. HauQen: Asked if when three different taxing districts are involved, is there something to do so that Mr. Schweich doesn't have to go to each township board of appeal. Arnoldi: Advised Mr. Scweich won't need to go to each board of appeal, and that the County will do an on-site inspection to view the property as a whole. HauQen: Advised that Norma Tschida had submitted a written letter stating her concerns and notice of appeal. MOTION BY GUNDLACH, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. HauQen: Advised that Mr. Arnoldi will provide a report regarding both of these issues prior to the Council taking final action at its May 20th meeting. OLD BUSINESS: Consider Approval of Plans and Specifications for Construction of F.I.G. Well Osmundson: Reviewed the agenda item in connection with the staff report. Bovles: Asked if the size of the pump needed to be increased, what would be the anticipated costs. Osmundson: Approximately $10,000 to $15,000. HauQen: Asked what the production capacity will be compared to last year. Osmundson: Advised that the capacity will increase from 4.5 million gallon per day to 6 million per day with the addition of Well No.6, and with this well in 2003, we will be up to 7 million gallons per day, so about a 50% increase over last summer. Gundlach: Concerned with fast-tracking this item to the extent that the well-drillers are so busy, they may not bid the project. Would there be an advantage to waiting to bid the project. Osmundson: Advised that the staff had some concern in that regard as well. But, there are so many cities drilling wells and companies to do the work, we'll be fine with the window we've identified. The well drillers work year-round. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-65 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FIG WELL. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT May 6, 2002 Consider Approval of Implementation Plan for 2002 Goal #7 Relating to Maximizing the Value of City Tax Dollars Bovles: Reviewed the agenda item in connection with the staff report. Gundlach: Commented that he was impressed with the goals process and believed the implementation plans identify good projects to attain those goals. Also extended a thank you to the Mdewakanton community and the Optimists Club for the donations toward the skate park. HauQen: Also commented on the importance of continuing partnering efforts with other governments and civic organizations. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE IMPLEMENTATION PLAN FOR 2002 GOAL #7 RELATING TO MAXIMIZING THE VALUE OF CITY TAX DOLLARS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Implementation Plan for 2002 Goal #8 Relating to Making Infrastructure Investments that Address the Long- Term Needs of our Growing Community. Bovles: Reviewed the agenda item in connection with the staff report. Gundlach: Asked about the status of technological advancements. Bovles: Advised that several digital document imaging systems have been reviewed and a staff recommendation on software is expected in the near future. HauQen: Commented that building infrastructure now is vital to planning for the future. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE IMPLEMENTATION PLAN FOR 2002 GOAL #8 RELATING TO MAKING INFRASTRUCTURE INVESTMENTS THAT ADDRESS THE LONG-TERM NEEDS OF OUR GROWING COMMUNITY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Approving the Design and Acquisition of Park Signs and Amending the 2002- 2006 Capital Improvement Program. FreidQes: Reviewed the agenda item and the project in connection with the staff report. Petersen: Asked if there are other cities that use this type of sign. Concerned about deterioration of concrete. Asked how thick the sign is. FriedQes: Confident that the signs will stand up to the elements over a long period of time. The signs are approximately 8 inches thick. 4 City Council Meeting Minutes DRAFT May 6, 2002 LeMair: Asked how the logo is adhered to the sign. Further asked if the City staff would be doing the installation and if the signs can all be installed this year since we'll have them all. Friedaes: The logos are blasted in. Advised that contractors will install the footings and perform the concrete work, but that staff will be siting the signs, doing backfill and landscaping. Bovles: Advised that it would be desirable to have all the signs installed this year, but with the current list of parks CIP projects to be completed this year, staff work load becomes an issue. Pace: Asked if there is any guarantee on the lettering. Friedaes: Ten years. Hauaen: Asked if the concrete work could more effectively be completed by staff. Friedaes: Advised that they do not have the manpower during this time of year. In addition, for $740 per sign, the City could probably not complete the work in-house any cheaper. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.66 AMENDING THE CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.67 AUTHORIZING THE PURCHASE OF 30 NEIGHBORHOOD PARK SIGNS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.68 AWARDING THE INSTALLATION OF CONCRETE WORK FOR THIRTY NEIGHBORHOOD PARK SIGNS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Resolutions Relating to Commerce / Boudin Intersection (1) Approving Memorandum of Understanding with City of Savage; and (2) Executing Contract with WSB & Associates to Complete Design Work for the Intersection. Osmunds.on: .Reviewed the agenda item in connection with the staff report. Gundlach: Asked if even though the access hasn't be acquired, the City will proceed with this alignment. Osmundson: Confirmed, and advised that MnDOT has indicated that something needs to be done. At a meeting with MnDOT on May 20th, staff hopes to get more concrete direction on the specifics and MnDOT's contribution toward funding the project. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.69 APPROVING MEMORANDUM OF UNDERSTANDING WITH CITY OF SAVAGE. (City Project No. 02-05) VOTE: Ayes by HaUgen{etersen, Zieska and LeMair, the motion carried. ~~/~ 5 City Council Meeting Minutes DRAFT May 6,2002 MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 02-70 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CONTRACT WITH WSB & ASSOCIATES TO COMPLETE DESIGN WORK FOR THE INTERSECTION. HauQen: Noted that the City will be entering into the City's standard contract. VOTE: Ayes by Haugen;\Petersen, Zieska and LeMair, the motion carried. I G,J-wiv~ HauQen: Advised that this project will have significant impact on the area. Suggested that staff conduct a neighborhood meeting with the property owners in the area to keep them apprised. Consider Approval of a a Purchase Agreement with Ronald and Sandra Haberkorn for the Sale of a 4.17 Acre Parcel in Waterfront Passage Business Park. Rye: Reviewed the agenda item in connection with the staff report. Zieska: Asked if there had been any other interest in the property. Rye: Advised that another buyer passed on the property due to the significant soil borings and potential corrections on the property. leMair: Asked the potential costs of the soil corrections. Rye: Preliminary estimates indicate as much as $170,000. leMair: Asked if the buyer is committed to the purchase regardless of the results of the soil borings. Rye: Advised that the purchase agreement is not subject to the results of the soil borings. MOTION BY ZIESKA, SECOND BY LEMAIR AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH RONALD AND SANDRA HABERKORN FOR THE SALE OF A 4.17 ACRE PARCEL IN WATERFRONT PASSAGE BUSINESS PARK. VOTE: Ayes by Haugen,IPetersen, Zieska and LeMair, the motion carried. \. C1~lhJ" Consider Approval of a Report Requesting the Addition of a Building Inspector to Address Development-Related Work Load. Boyles: Reviewed the agenda item in connection with the staff report. Zieska: Believed the addition is appropriate given the volume of development in order to improve our customer service. HauQen: Asked the City Manager to briefly review those permits that can be fast-tracked. Boyles: Permits such as decks, water heater installation and roofing are some of those that are issued as quickly as possible. 6 City Council Meeting Minutes DRAFT May 6, 2002 Hauaen: Believed that we can't provide quality customer-service without hiring adequate staff. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.71 APPROVING THE ADDITION OF A BUILDING INSPECTOR POSITION. VOTE: Ayes by Haugen'r4:.:iI~ka and LeMair, the motion carried. [ADDED - Consider Approval of Appointment to the Lake Advisory Commission] Gundlach: Reviewed the agenda item in connection with the staff report. Petersen: Asked if the recommendation was unanimous among the interview panel. Gundlach: Ihe interview panel was split three ways, each noting different strengths of the individual candidates. Zieska: Believed that diversity on a committee is important and noted that the Council relies heavily on the recommendation of the City Council liaison. HauQen: Even though he respects Madison Groves tremendously, concerned that the recommendation is being carried from the Committee Chair, rather than a recommendation of the liaison. LeMair: Admitted that he must rely heavily on the recommendation given his short tenure. Commented that he did not know how to determine which recommendation carried more weight. Gundlach: Advised that City Engineer Sue McDermott's recommendation was Dan O'Keefe and that he could concur with that recommendation even though his initial choice was a different candidate. He would like to have a conversation with the committee chair regarding the rationale for the recommendation. MOTION BY GUNDLACH, SECOND BY LEMAIR TO APPOINT DAN O'KEEFE TO THE LAKE ADVISORY COMMITTEE. VOTE: Ayes by Haugen~etersen, Zieska and LeMair, the motion carried. ~luL OTHER BUSINESS I COUNCILMEMBER REPORTS Update on Long-Range Planning Committee Bovles: Provided an update of the process and number of participants in the first meeting of the long-range planning committee. Advised that the next meeting is Wednesday, May 8th from 5:30pm to 8:30pm. Further noted that the consultant was excited about the process and the enthusiasm of the committee members. Zieska: Also commented that the first meeting was very participatory by the committee members, and thanked staff for all of the administrative work. Also advised that the fire department is accepting applications for volunteer firefighters. Further took an opportunity to recognize the contributions of the Shakopee Mdewakanton for their contribution to the skate park, the Rotary Club for the DAR.E. Bik-a-thon last week, and the Chamber of Commerce Senior Luncheon which took place today, as well as the Prior Lake VFW for their continuing community support. Gundlach: Added that last week, the Council participated in the ground-breaking of the 54-unit Creekside Estates Senior Housing project off Five Hawks Avenue. 7 City Council Meeting Minutes DRAFT May 6,2002 Executive Session to Discuss Pending Litigation The meeting adjourned to Executive Session to discuss pending litigation with respect to a water and sewer utility easement with Soderman. Upon returning from Executive Session, the Mayor advised that a Settlement Agreement had been presented to the Council with respect to the Soderman litigation, and formal action was necessary. MOTION BY ZIESKA, SECOND BY PETERSEN TO ACCEPT THE SETTLEMENT AGREEMENT AS PROPOSED IN FINAL RESOLUTION OF THE SODERMAN LITIGATION. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned at 1 0:40pm. 8