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HomeMy WebLinkAbout0716 RegularREGULAR COUNCIL MEETING MINUTES July 16, 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, Public Works Director Osmundson, City Engineer McDermott, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OFAGENDA: MADER: Added a presentation item concerning the Lakefront Park Grand Opening. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF JULY 2, 2001 MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE THE JULY 2, MINUTES AS AMENDED AND SUBMITTED BY STAFF PRIOR TO THE MEETING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 2001 MEETING CONSENT AGENDA: (A) Consider Approval (B) Consider Approval (C) Consider Approval (D) Consider Approval (E) Consider Approval of Invoices to be Paid. of Treasurer's Report. of Building Permit Report. of Animal Warden Monthly Report. of 2nd Quarter Fire Call Report and Monthly Report for June. (F) Consider Approval of 2nd Quarter Investment Report. (G) Consider Approval of 2nd Quarter Budget Report. MADER: Asked to remove Item E (Consider Approval of 2nd Quarter Fire Call Report and Monthly Report for June). BOYLES: Reviewed the remaining consent agenda items. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE CONSENT SUBMITTED WITH THE EXCEPTION OF ITEM (E). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. AGENDA AS ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of 2~d Quarter Fire Call Report and Monthly Report for June. MADER: Commented on the number of calls responded to and number of hours committed by some of our firefighters over a three month period. Wanted to take the time to note the enormous contribution of these types of volunteers. 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 July 16, 2001 ZIESKA: Added that fire calls come at all hours of the day and affect families as well as the volunteers themselves. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE 2ND QUARTER FIRE CALL REPORT AND MONTHLY REPORT FOR JUNE. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. PRESENTATIONS: Presentation: Lakefront Park Grand Opening MADER: Thanked staff for the effort in planning the event and encouraged all of the citizens to take advantage of the amenities offered by the park. Further noted that there are also free Thursday night concerts in the park that residents should take advantage of. Presentation: Outdoor Water Use Ban (Bud Osmundson, Director of Public Works) MADER: Discussed the responsibility of the staff and City to provide for the health and safety of the residents of the City. Believed the action taken by staff was the only responsible action at the time. Further advised of the staff's secondary priority to brainstorm a methodology to provide for some type of water for landscaping. Advised that none of the process is an exact science. Urged citizens to not to rush to judgment before considering that (1) there had been 4 weeks of no measurable rain; (2) surface water or flood waters cannot be captured, treated, or stored; (3) 16 cities in the metro area had implemented water restrictions and 30 wells in Lakeville have gone dry. Noted that the current weather conditions were not an average dry spell. Discussed the three wells in Prior Lake and what those pumps can provide, and the cooperation the City had received from the City of Savage. Advised of the process in obtaining wells and the restrictions imposed by state, local and federal governments. Also discussed how regulation of development is not the answer and would put the City in a problematic litigation situation. PACE: Confirmed that the City should not put itself in the type of situation. MADER: Believed the City is doing a very credible job with a very difficult situation. Suggested residents not be too quick to criticize before they understand the scope of the issues. OSMUNDSON: Discussed the rain levels over the past 30 days and how the water level in the City's towers is affected. Further discussed the process for the restrictions and the subsequent ban and the rationale for the need to protect the water supply. Reviewed the process to date in acquiring the permits from the DNR for the fourth well, advising of the restrictions by the DNR because of the potential affects on the Savage Fen, and the timeline in acquiring the well. Thanked the residents who have been abiding by the water ban and advised that the ban has helped. Recommended at this point trying to go back to the even/odd restrictions in some form and see how it works. BOYLES: Complimented the public works staff on handling a difficult situation. Advised that the outdoor watering ban was lifted effective immediately and that the even/odd restrictions will go back into affect from 8pm-9pm nightly only. 2 City Council Meeting Minutes July 16, 2001 ZIESKA; Thanked all the residents who have cooperated in the watering ban. Commented that building permits issued over the past year indicated 205 new households, and that water usage in the past year has increased 60%. Also commented on commercial uses, and asked what time of day most of the water is used at. Also asked if those two factors indicated that most water usage is by existing residential properties not by the new development in the community. Further noted the public safety issues involved and that the ban protects not only the safety of the community, but also the infrastructure. OSMUNDSON: Advised that most water is used between 5pm to midnight, and confirmed that the highest water usage is by existing residential properties. MADER: Commented that moving the restrictions to later in the evening is to avoid wasting water to evaporation. Asked Bud to review the process in obtaining a permit for new landscaping. OSMUNDSON: Noted that someone wishing to obtain a permit needs to stop in or call the Maintenance Center and fill out an application and pick up the permit. MADER: Advised that the City and staff is concerned with getting an additional well, and the issue is not without concern, but rather lacking in alternatives. Also advised that the City Manager has suggested soliciting any help that the Met Council may be able to offer, and that preliminary conversation had been held in that regard. (~UNDLACH: Added that timers and aiming of sprinkler systems need to be checked by residents and indicated that he has proposed an ordinance amendment which would require installing rain sensors on landscape sprinkler systems. OSMUNDSON: Noted that there will be notices of the new restrictions going out, and that announcements will appear on radio and television. MADER: Asked what is the next step. OSMUNDSON; Advised that the next step will be monitoring how the water system rebounds in light of lifting the ban and then evaluate whether further lessening of the restrictions can be accomplished. ERICSON: Asked what other outdoor water uses are affected. MADER: Noted that the intent is to curb large volume use, but that the City will not be out writing citations for minimal uses. Presentation: Mediacom Z'd Quarter Report (Bill Jensen, Regional Manager) BILL JENSEN (Regional Manager, Mediacom): Provided a status report on the implementation of local digital service and options available, discussed the timeline for high-speed modems, PEG access channels, and suggested coming back to discuss the second quarter customer service numbers. Discussed the three top complaints and Mediacom's part in connection with those complaints. ERICSON: Asked about sales persons soliciting door-to-door. City Council Meeting Minutes July 16, 2001 JENSEN: Was not aware of any permit requirement, but believes Mediacom did contact the City. BOYLES: Clarified that some forms of solicitation do not require a permit, but would double-check. Asked Mr. Jensen about the status of beta testing, and the deadline for cable modem. JENSEN: Advised that beta testing cannot be tested from Prior Lake but should only take two or three days. MADER: Asked if the complaints received were more about product or notification or cost or customer service. JENSEN: Believes the complaints received revolve more around implementation of the service, rather than the quality of the digital services. There was a long education process. BOYLES: Advised that many of the complaints received at City Hall revolved around the implementation, cost and quality of customer service, rather than the digital service itself. JENSEN: Noted that Mediacom is the last company in the metro community to roll out the premium services on the digital box, which has been the major complaint. PUBLIC HEARINGS: NONE. OLD BUSINESS Consider Approval of Construction of a Drainage Swale and Extraordinary Snowplowing at 4585 Pleasant Street (Elmer and Della Klingberg). BOYLES: Provided the history of the item to date. OSMUNDSON: Reviewed the agenda item in connection with the staff report, and the recommendation by staff. MADER: Noted that the Klingbergs' water problems are a result of the street reconstruction project and that is why is requires some effort on behalf of the City. MOTION BY MADER, SECOND BY ERICSON TO APPROVE CONSTRUCTION OF A DRAINAGE SWALE AND EXTRAORDINARY SNOWPLOWING AT 4585 PLEASANT STREET FOR ELMER AND DELLA KLINGBERG. ERICSON: Concerned that the solution is not permanent with respect to snowplowing. OSMUNDSON: Clarified that from Main St. to Duluth there is no storm sewer. If the City brings a storm sewer up and puts in a catch basin in, it would be expensive. Recommended that a long-term solution be put into the next CIP cycle. Staff needs to further look at the options available. MADER: Noted that it is a matter of public record that the problem is a result of a City project, and that that in some respects is a basis for future Council's to react. City Council Meeting Minutes July 16, 2001 PACE: Advised that future Council's cannot be bound by this Council's action regardless of what is in the record. ERICSON: Wants to make sure that a permanent solution is put in motion. BOYLES: Clarified the process for including the item in the next CIP and the staff's intent to address the matter in that manner. Advised that he would write a memo to next year's CIP file. ERICSON: Asked if that solution is satisfactory to the Klingbergs. LEE KLINGBERG: Confirmed that the temporary solution is acceptable, just so a more permanent solution can be the goal. OSMUNDSON: Advised that staff does not want to be locked into any particular permanent solution since costs and alternate solution are unknown, and that the City will research the most feasible, cost-effective permanent solution. KLINGBERG: Concerned that if there are a lot of problems this summer, that the permanent solution, whatever it may be can take place next year. OSMUNDSON: Confirmed. VOTE: Ayes by Mader, Petersen, Ericson and Zieska, the motion carried. MADER: Noted that Councilmember Gundlach left the meeting briefly to handle a personal emergency. KLINGBERG: Thanked the Council and staff. Consider Approval of a Resolution Approving Final Plat and Development Contract for a Subdivision Known as Woods at the Wilds and a Resolution Approving a Street Name Change for Oak Tree Drive NW. KANSIER: Briefly reviewed the staff report in connection with the staff report. Councilmember Gundlach rejoined the meeting. MADER: Asked how large Outlot A was and what are the City's plans for its use. KANSlER: Approximately 20,000 square feet. OSMUNDSON: Advised that the site is beautiful and believes the best use is as unimproved open space. City Council Meeting Minutes July 16, 2001 MADER: Understood that the Watershed permit is an issue outside the City's control, and also noted that the application was by Shamrock Development who has been noted earlier in being particularly cooperative with the City in acquiring the land for the City's newest well. PACE: Asked if the Developer had a Watershed District permit that was approved as part of the original PUD and that is why the permit is not a condition of the final plat. KANSlER: Confirmed that the file suggests a permit was issued in 1993 and that some grading work had commenced. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-86 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR WOODS AT THE WILDS. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-87 APPROVING THE STREET NAME CHANGE FOR OAK TREE DRIVE NW TO BE KNOWN AS WILDWOOD TRAIL. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Two Resolutions: (1) Approving the Final Report for the Inflow/Infiltration Control Program and Authorizing Final Payment to Howard R. Green Company; and (2) Approving a Variance to Section 705 of the City Code for the Property at 15305 Breezy Point Road. MADER: Provided a brief history of the project to date. MCDERMOTT: Briefly reviewed the agenda item in connection with the staff report. ERICSON: Asked if the intent of the program was to inspect every sump pump in the community. MCDERMOTT: Advised that this was the first phase of the project, and that a second phase could be implemented depending on the results of the first phase and the Council's desires. ERICSON: Asked if a process was in place for tracking transfer of ownership. BOYLES: Advised that it brings up the issue of implementing a housing maintenance certificate program which may create more problems than it's worth. MCDERMOTT: Noted that the staff was aware of several instances where notices had been sent in error, but staff is working to rectify the situation. MADER: Asked if this one property was the only found to require a variance, and that other properties had other viable options. MCDERMOTT: Confirmed. City Council Meeting Minutes July 16, 2001 MADER: Noted that the point of this process was that putting sump water into the City's sanitary sewer system costs the City, and therefore all sewer and water customers, money to process the water. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-88 APPROVING THE FINAL REPORT FOR THE INFLOW/INFILTRATION CONTROL PROGRAM AND AUTHORIZING FINAL PAYMENT TO HOWARD R. GREEN COMPANY. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-89 APPROVING A VARIANCE TO SECTION 705 OF THE CITY CODE FOR THE PROPERTY AT 15305 BREEZY POINT ROAD. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Accepting Bids and Awarding Contract for the Prior Lake Transit System. MADER: Briefly reviewed the history of this item and the process to date. WALSH: Reviewed the agenda item in connection with the staff report and advised of the process, equipment proposed and staff recommendation. MADER: Commented that even though the decision to opt out of the MVTA seemed to be a leap of faith, it appears to have turned out to be an economic advantage for at least the same level of service. It seems very positive. Further commented that the proposal submitted by the County was very well done and competitive and thanked the County even though they were not selected. (~UNDLACH: Asked if routes to St. Paul were possible. WALSH: Commented that the first step is to get this service up and running, but then it would be appropriate to determine the number of riders that may be interested in alternative routes. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-90 ACCEPTING BIDS AND AWARD THE CONTRACT FOR THE PRIOR LAKE TRANSIT SYSTEM TO SCHMITTY & SONS, INC. AND AUTHORIZING THE TRANSIT SUBCOMMITTEE TO NEGOTIATE THE CONTRACT AND THE MAYOR AND CITY MANAGER TO EXECUTE THE FINAL CONTRACT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of a Resolution Authorizing the Minnesota Transfer Van Pool Service to the Regional Van Pool Program. Valley Transit Authority to WALSH: Briefly reviewed the item in connection with the staff report. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE RESOLUTION 01-91 AUTHORIZING THE MINNESOTA VALLEY TRANSIT AUTHORITY TO TRANSFER VAN POOL SERVICE TO THE REGIONAL VAN POOL PROGRAM. City Council Meeting Minutes July 16, 2001 PETERSEN: Asked if opting-out of the MVTA included van pool. BOYLES: Clarified that the MVTA is currently running the van pool and this action will now transfer it from the MVTA to the VAN-GO program. WALSH: Clarified that the MVTA wanted to moved the van pools that came out of Prior Lake last May. Since Prior Lake was opting out of the MVTA, they looked to the City to determine if that's what the City ultimately wanted for its van pools. In this case, the City is making the decision rather than the MVTA. This is an alternative to operating the van pools ourselves. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS: MADER: Noted that in a meeting today between himself, the City Manager and Ted Mondale, there was discussion related to transit and was very assuring that the Met Council will support our needs. BOYLES: Discussed the Council's relationship with and knowledge of the Metropolitan Council policies, particularly involving the "white paper" and suggested that the Met Council attend a work session in order to familiarize the Council. MADER: Commented that he believed that Mr. Mondale and the Met Council is sensitive to the position the Prior Lake City Council has taken with respect to the Met Council, and that he would simply like the chance to have a dialogue. Believes showing the time and effort is commendable. A motion to adjourn was made and seconded. The meeting adjourned at 9:5~ Frank Boyles, City Manager Kelly Meyer