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HomeMy WebLinkAbout040703 Regular16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES April 7, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers BIomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, City Engineer McDermott, Planning Coordinator Kansier, Planner Kirchoff, and Administrative Assistant Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concems to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. No persons were present to address the Council at the public forum. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE THE AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, BIomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE MARCH 17, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. Councilmember Zieska abstained. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE THE MARCH 31, 2003 SPECIAL MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. Councilmember Petersen abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Monthly Fire Department Report for February 2003. (C) Consider Approval of 2002 Variance Summary Report. (D) Consider Approval of 2002 City Code Enforcement Summary Report. (E) Consider Approval of Temporary 3.2 Liquor License for Prior Lake Jays / Mudcats Baseball Season. (F) Consider Approval of a Resolution 03-45 Approving the Wetland Replacement Plan for Ring Road Phase 2 and Phase 3 (City Projects #01-01 and #02-06). (G) Consider Approval of Time Extension for Filing Applications for Final PUD and Final Plat Approval for Crystal Bay. (H) Consider Approval of Resolution 03-46 Approving a Recycling Grant Agreement with Scott County for 2003 Spring Clean-Up Day (April 26, 2003). (I) Consider Approval of Resolution 03-47 Approving Acquisition of a Parcel from John McKinley for the Ring Road and Authorizing the Mayor and City Manager to Execute all Documents to effectuate the Purchase. Boyles: Reviewed the Consent A~lenda items. www.cityofpriorlake.cora Phone 952.447.4230 / Fax952.447.4245 City Council Meeting Minutes April 7, 2003 MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: NONE. PRESENTATIONS Swearing In Ceremony for New Police Officer Markus Murphy (Police Chief Bill O'Rourke) O'Rourke: Reviewed the item in connection with the staff report. Mayor Haugen administered the oath of office to Officer Markus Murphy. Spring Clean-Up and Bridging Day (Makenzie McCormick) McCormick: Reviewed the agenda item in connection with the staff report. Boyles: Asked if participants must be from Prior Lake and if any identification is necessary. McCormick: Advised that the program is open to Prior Lake, Credit River, and Spring Lake Township residents. Participants must present a photo identification. Petersen: Also noted that the Bridging program only accepts usable furniture items. Boyles: Further noted that the event closes at noon and inevitably, some people get turned away, so come early. Park Dedication Fee (Greg Ingraham) In.qraham: Reviewed the process and purpose of reviewing the park dedication study in order to assure that new growth pays for the required parks and their development. Further discussed the recommendations of the study including adjusting the park dedication calculation based upon net land rather than gross land, and increasing the fee for residential to $2670 per acre and for commercial to $5000 per acre. Also noted the projected park needs for athletic fields, neighborhood parks and trails. LeMair: Asked how the adjustment from gross to net affects the cash fee proposal. Ingraham: Advised that there would be approximately a 15%-20% reduction to the fee if it was calculated on a gross land area. Pace: Added that in order to document the rationale nexus, the staff felt it was important to charge developers only upon the acreage that is calculated as developable. Blomber.q: As for clarification why commercial/industrial development is included at all in considering a park dedication fee. 2 City Council Meeting Minutes April 7, 2003 In,qraham: Advised that commercial/industrial uses do have an impact upon the park system because they typically use athletic fields and parks for company events. Bo¥1es: Suggested moving consideration of the proposal forward in the agenda in order to save the consultant's time. Hau.qen: Asked how staff approac, hed the current developers in the area. Bo¥1es: Advised that staff met with 10 area developers to discuss the proposals for changing the park dedication fee. The developers were not overly enthused about the increase in fee, but did support the study process, and the adjustment from calculating park dedication on a per unit basis to net developable acres. LeMair: Commented that he did not necessarily support seeing the costs of land in Prior Lake continuing to rise, but did feel that it was important to plan for new growth to pay for additional park acquisition and development. MOTION BY ZIESKA, SECOND BY PETERSEN TO ADOPT THE PROPOSED INCORPORATE THE FEE INCREASE INTO THE CITY'S FEE SCHEDULE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. FEE AND DIRECT STAFF TO MOTION BY ZIESKA, SECOND BY LEMAIR, TO DIRECT STAFF TO PROCEED WITH THE NECESSARY ORDINANCE AMENDMENTS TO MAKE THE REVISION FOR CALCULATING PARK DEDICATION BASED UPON NET DEVELOPABLE AREA RATHER THAN GROSS DEVELOPABLE AREA. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR, TO DIRECT STAFF TO DETERMINE HOW FUNDING MIGHT BE SET ASIDE FOR THE $7.2 MILLION OF LAND AND PARK IMPROVEMENTS NEEDED BUT NOT RELATED TO NEW DEVELOPMENT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR TO DIRECT STAFF TO COMPLETE A SIMILAR STUDY IN 2005. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OLD BUSINESS: Consider Approval of a Resolution Denying an Amendment to the Comprehensive Plan for 4.25 Acres of the DeerfieldArea (Case File #03-11). Kansier: Reviewed the agenda in connection with the staff report. LeMair: Asked the primary concerns of previous considerations in 1997 and 1999. Kansier: Advised that in the past there was considerable concern that a higher density use was not consistent with the residential development in the area, or the business park. There was also concern whether the sewer and water extension could accommodate the higher density. Zieska: Asked if the neighboring residential developments are R-2. Kansier: Explained the residential developments are R-2, and the commercial zoning is R-5. The area is directly south of the business office park. 3 City Council Meeting Minutes April 7, 2003 Blomber.q: Asked if the Planning Commission had any input from the residents at the public hearing. Kansier: Advised that two persons spoke. LeMair: Commented that he would like to see additional high-density apartments or condominium units in Prior Lake in order to accommodate the employees of small business owners and to bring in middle income workers. Believed this is an acceptable area for this type of development that will not only attract employees to Prior Lake, but likely businesses as well. Supported the change to higher density. Zieska: Believed it is unlikely that this property would be developed as R-1 or R-2. On the surface, the property looks like it should be included in the industrial park. However, the property is set back in a small pocket away from the industrial park. Believed a high density development of market-rate apartments or condominiums are needed. Supported the change in the Comp. Plan. Petersen: Would prefer to see the property included in the business park, but could support the change to R-4 for apartments if his counterparts feel strongly. Blomber.q: Appreciated the consideration of previous Councilmembers and respected their decisions. However, believed that circumstances have changed and, after walking the property, believed this property was better suited to a higher density, especially if it fulfilled a need for housing for lower to middle income workers. Supported the change to R-4. Hau,qen: Believed the property, given its proximity to CSAH 21, is best suited as an extension of the business park and would add valuable commercial property to the City. Concerned that market-rate housing be available within the City, but believed that the Maxfield Study has indicated that Prior Lake has added enough rental market-rate housing to address the City's current need. Suggested upholding the Planning Commission decision until such time as an identifiable need exists, rather than giving up commercial property. Zieska: Appreciated the Mayor's comments, but advised that only approximately 5% of the City's available housing is market-rate rental, so that there does seem to be a need. However, advised that he could see the property used as either high-density residential or commercial and did not see a problem with considering the item down the line when a more identifiable need exists. Asked about sewer capacity for the site. Osmundson: Advised that the sewer flows directly to the MCFS lift station and the capacity is limited, but did not believe one apartment building would prohibit the City's ability to accommodate service for that use. Had been advised that the lift station will be turned back to the City. Pace: Added that there is nothing that precludes the application from going through the process at a future date. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-48 DENYING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR 4.25 ACRES OF THE DEERFIEDL AREA (CASE FILE #03-11). VOTE: Ayes by Haugen, Petersen, Zieska, Nay by BIomberg and LeMair, the motion carried. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for 2003 Public Improvement Project (Mitchell Ponds / 150th Street- City Project #03-1~1). Poppler: Reviewed the agenda item in connection with the staff report. 4 City Council Meeting Minutes April 7, 2003 Blomber.q: Asked if the staff believes it has addressed the concerns of the neighborhood to the best available solution. Poppler: Confirmed. Zieska: Asked if the surmountable curve was on Condons Street only, and when the Council might consider bid award. Poppler: Confirmed, noting the bid award is targeted for consideration at the Council's May 19th regular meeting. Hau,qen: Asked if estimated assessment for Condons/Hope/Mitchell Circle is consistent with what has been discussed to date. Poppler: Confirmed that the amount is the same as previously discussed. Bo¥1es: Reviewed the project process to date, noting that the City Council did sell bonds to support this project. Further noted that competition for road projects seems to be very competitive. Poppler: Advised that Savage had recently bid a project and received very competitive bids, particularly with respect to bituminous. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-49 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2003 PUBLIC IMPROVEMENT PROJECT (MITCHELL PONDS/150TH STREET-CITY PROJECT #03-11). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting the Bids, A warding the Contract, and Authorizing Required Expenditures for City Crew Work to Complete Park Trails and Basketball Courts as Identified in the 2003.2007 Capital Improvement Program. Fried,qes: Reviewed the item in connection with the staff report. LeMair: Asked if either of the two lowest bids are Prior Lake businesses. Fried.qes: No. Zieska: Asked for staff clarification as to the trail placement connecting Indian Ridge Park to 150th Street along Fairlawn Shores. Osmundson: Believed it important to have the trail off of the street from a safety perspective. If a car were to lose control, at least it would hit a curb rather than a pedestrian. There is currently a painted line along the street, but that does little to provide a safe pedestrian walkway. In addition, it also doesn't make sense to cross the street in the middle of a block. Zieska: Also commented on the great bids received for this project. Hopefully, these types of bids will also be received for other projects. Petersen: Asked if the proposed trail for Hass Lake is larger than others built, and how the floating bridges are standing up in the winter. 5 City Council Meeting Minutes April 7, 2003 Fried.qes: Advised that the proposed bridge for Hass Lake is about the same size as the one at Lakefront Park. The floats and bridges appear to be standing up well to winters. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 05-50 ACCEPTING BIDS, AWARDING CONTRACT AND AUTHORIZING REQUIRED EXPENDITURES FOR CITY CREW WORK TO COMPLETE PARK TRAILS AND BASKETBALL COURTS AS IDENTIFIED IN THE 2003-2007 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Request for Bids for Operation of the Prior Lake Dance Program. Bo¥1es: Reviewed the agenda item in connection with the staff report, including an overview of the document, process and timelines. LeMair: Suggested providing more weight to the local knowledge of the program. Pace: Advised that the evaluation criteria should be viewed as a starting point and the Council, as the policy makers, should determine the importance of each of the criteria, or the value of such criteria overall. Zieska: Appreciated Councilmember LeMair's viewpoint, but also believed that any business experienced in running a dance program would be able to make the Prior Lake program a success. It is important to be fiscally prudent, despite the fact that it would be nice to support a local business venture. The fiscal portion should be heavily weighted. Suggested that local knowledge of the program be included but at some lesser value. Noted that local knowledge could be included by increasing the weight of criteria #6. Blomber.q: Believed the document was well put together and addresses the criteda that need to be addressed to make the program a success. Pace: Noted that the criteria for the lease rate per square foot was included and significant because it was the most objective criteria. Using subjective criteria could make the evaluation process more difficult. The Council continued to discuss several versions for possible weighting. Zieska: Added that at the top of page 8 the sentence regarding number of instructors should be struck. Pace: Also suggested striking the second sentence of Section 1.1 as well. Boyles: Clarified that the intention was that requiring a specific number of instructors would assure a service level not less than currently provided. Also advised that there will also be some factual information added as a result of the Assistant City Manager and Recreation Supervisor's review of the document. The Council was comfortable with striking the reference to number of instructors as proposed. Blomber.q: Recommended changing pre-bid conference from the holiday weekend to Tuesday, April 22 at 3pm. Haugen: Reviewed that a weighting criteria would be 25-15-15-10-10-10-15 respectively. Also suggested changing page 8, minimum bid to include an inflation factor for year 2 and year 3. Zieska: Suggested using the same rate of inflation as for the old Library. 6 City Council Meeting Minutes April 7, 2003 There was consensus among the Council as to the weighting proposed, the addition of an inflation rate for year 2 and 3, and changing the pre-bid conference date. Pace: Further noted that the contract will be a modified form of the City's standard contract to be specific to operations of a dance program. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE REQUEST FOR BIDS AS AMENDED AND AUTHORIZING STAFF TO SOLICIT BIDS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR, TO ESTABLISH A DANCE EVALUATION SUBCOMMITTEE OF CITY MANAGER BOYLES, ASSISTANT CITY MANAGER WALSH, CITY ATTORNEY PACE, COUNCILMEMBER BLOMBERG, RECREATION SUPERVISOR ES~;ER. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. Consider Approval of a Report Setting Forth an Approach to Respond to Anticipated Local Government Aid Cuts and Market Value Credit Cuts in 2003. Bo¥1es: Reviewed the agenda item in connection with the staff report. Blomber,q: Attended a meeting of Scott County elected officials and legislators this morning and is grateful to the City Manager and his staff for the financial management of Prior Lake. Confident that this plan is a good one. Petersen: Also supported the plan. Zieska: Clarified that the savings in unfilled police positions does not mean that we are not filling the positions, but rather that the City realized a savings during the time period of recruitment. Hau,qen: Believed that the proposed cuts are significant and inclusive, but do not impact the City's progress toward its 2020 Vision. The State's budget problem will be something that will continue to be addressed over the next several years. Petersen: Believed that legislators and City officials should look upon this crisis as an opportunity to re-evaluate and remove dead weight. MOTION BY BLOMBERG, SECOND BY PETERSEN, ACCEPTING REPORT AS PREPARED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Hau.qen: Noted that the Council will attend City Day at the Capitol on Wednesday to send the message that cities already have effective tools to manage its budgets and provide community services. NEW BUSINESS Consider Approval of an Ordinance Approving a Zone Change Request for the Property Located at 5980 - 140th Street (Case File #03-03). City Council Meeting Minutes April 7, 2003 Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked if this ten acres and the neighboring pamel in Savage will be developed in conjunction. Kansier: Advised that is it difficult given the different jurisdictions, but that is our goal. Zieska: From a public safety perspective, asked that the roadway north of CSAH 42 not be named with "meadow" in order to keep the locations distinctive. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE ORDINANCE 03-05 APPROVING A ZONE CHANGE RQUEST FOR THE PROPERTY LOCATED AT 5980 - 140th STREET (Case File #03-03). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. Consider Approval of a Resolution Approving a Standardization Policy for Lift Station Construction and Rehabilitation and Incorporating this Policy into the Public Works Design Manual. Osmundson Reviewed the agenda item in connection with the staff report. Petersen: Asked if the control panels will be different with different horsepower pumps. Osmundson: Advised that the idea to get down to a minimum type of possible pumps for each horsepower, as well as a minimum number of controllers. Zieska: Believed a project like thi~ is long overdue and standardizing makes sense. MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 03-51 ADOPTING A STANDARDIZATION POLICY FOR LIFT STATION CONSTRUCTION AND REHABILITATION AND INCORPORATING THIS POLICY INTO THE PUBLIC WORKS DESIGN MANUAL. VOTE: Ayes by Haugen, Blomberg, Petersen, Zeiska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing WSB 8, Associates to Provide Professional Engineering Services for the 2003 Lift Station Rehabilitation Project (City Project #03-05). Osmundson: Reviewed the agenda item in connection with the staff report. Boyles: Asked if the City's standard professional services contract has been executed. Osmundson: Advised that a condition of the resolution is to enter into the agreement. Petersen: Asked where the funding comes from. Osmundson: Water and Sewer Fund. MOTION BY BLOMBERG, SE(~OND BY PETERSEN, TO APPROVE RESOLUTION 03-52 AUTHORIZING WSB & ASSOCIATES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE 2003 LIFT STATION REGABILITIATION PROJECT (City Project #03-05). 8 City Council Meeting Minutes April 7, 2003 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Expenditures for Miscellaneous Park Appurtenant Equipment as Identified in the 2003 Capital Improvement Program. Fried.qes: Reviewed the agenda item in connection with the staff report. Zieska: Commented that, even given the State's budget shortfall, the City has prudently planned so that items such as these can be provided. Dedicated funds, basically, provide user fees that can then be directed to maintaining the infrastructure of our parks and sewer and water system. Petersen: Asked how long the netting lasts. Fried,qes: Advised that they take down the netting in the winter, and the netting should last 15 years. Blomber,q: Complimented staff on the planning for the parks and appurtenant equipment. Hauflen: Asked about placement of the batting cage. Fried,qes: Advised that the batting cage may have to be constructed with a mound, and be used for both a bullpen and batting cage, or the cage could possibly be moved outside the field. He will work with the school and P.L.A.Y. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-53 AUTHORIZING EXPENDITURES FOR MISCELLANEOUS PARK APPURTENANT EQUIPMENT AS IDENTIFED IN THE 2003 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Adopting and Implementing a Street Sweeping Policy for the City of Prior Lake. McCormick: Reviewed the agenda item in connection with the staff report. Petersen: Asked if private streets are included. McCormick: They are neither snowplowed, sanded or swept. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 03-54 ADOPTING AND IMPLEMENTING A STREET SWEEPING POLICY FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Process and Timeline to Develop a New Orderly Annexation Agreement with Spring Lake Township. Boyles: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the joint meeting date has been approved by the Fire Chief. Concerned with the parking issues. City Council Meeting Minutes April 7, 2003 Bo¥1es: Advised that he had spoken to the Fire Chief, and believed no other date is available. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE PROCESS AND TIMELINE TO DEVELOP A NEW ORDERLY ANNEXATION AGREEMENT WITH SPRING LAKE TOWNSHIP. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Modifications to Park Dedication Fees and Policy. This item was moved forward in the agenda and considered as part of the presentation of the park dedication fee study. OTHER BUSINESS A motion to adjourn was made and seconded. The meeting adjourned at 10:13pm. tary 10