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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle ~~G!t~~~ fPUNCIL MEETING AGENDA Prior Lake, MN 55372-1714 TUES., JANUARY 20, 2004 7:00pm Fire Station No.1 NO CITY COUNCIL WORK SESSION IS SCHEDULED 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns 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. 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF JANUARY 5, 2004 MEETING MINUTES: 5. 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 for December 2003, and for Year-End 2003. D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Monthly Fire Call Reports for November 2003 and December 2003, the 2003 4th Quarter Report, and the Year-End Report for 2003. F) Consider Approval of a Resolution Authorizing the Execution of the 2004 Joint Powers Agreement (JPA) for Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating. G) Consider Approval of a Resolution Approving Prior Lake Lions Club Premise Permit for Lawful Gambling. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: A) Public Hearing on 2004 Street Reconstruction Project. 8. PRESENTATIONS: : A) Introduction of New Community Development Director John Sullivan www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 012004 9. OLD BUSINESS:: A) .Consider Approval of a Resolution Authorizing the Installation of Street Lights by Xcel Energy for the Downtown Redevelopment Project. B) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Staff to Advertise for Bids for the 2003-2004 Lift Station Rehabilitation Project (City Project 03-05).. C) Consider Approval of a Resolution Making a Negative Declaration for the Deerfield Industrial Park Environmental Assessment Worksheet 10. A) NEW BUSINESS:: Consider Approval of Resolution Authorizing Execution of the City's Standard Professional Services Agreement with Bonestroo, Anderlik and Associates (BRAA) to Prepare a Comprehensive Sanitary Sewer Plan. B) Consider Approval of a Resolution (1) Authorizing the Hiring of Applied Ecological Services, Inc. to Prepare a Natural Resource Assessment and Ecological Restoration and Management Plan; and (2) Accepting Minnesota Department of Natural resources Minnesota Re-Leaf Grant for the Preparation of the Restoration Plan for Lakefront Park, C) Consider Approval of a Resolutions Authorizing (1) Expenditure for Miscellaneous Park Appurtenant Equipment (picnic tables, grills, trash containers); and (2) Acquisition of Construction Materials for Picnic Shelters at Various Neighborhood Parks. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A) Executive Session to Discuss Pending Litigation. 12. ADJOURNMENT 012004 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES January 5, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, and LeMair, City Manager Boyles, City Attorney Pace, Planning Coordinator Kansier, Finance Director Teschner, Public Works Director Bud Osmundson, Communications Coordinator Oster, and Administrative Assistant Meyer. OATH OF OFFICE: Councilmember Blomberg took the Oath of Office and was presented with a Certificate of Election. Councilmember LeMair took the Oath of Office and was presented with a Certificate of Election. Mavor Hauaen: Announced the passing of two contributors to the Prior Lake Community - 37 year old firefighter and deputy sheriff Jon Neimann who died unexpectedly in a traffic accident on December 30th, and 78 year old Tom Watkins, who was a 10 year Prior Lake Co~ncilmember from 1971 through 1982. The City Council and staff wish to convey their thanks to these men for their dedication to community service, and joins their families in mourning their loss. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns 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. Bovles: Reviewed the procedure for the public forum. John O'Lauahlin: Interested in the status of the process of the review of the Comprehensive Plan, particularly in the context of his property at the SW corner of CSAH 83 and CSAH 42. Bovles: Advised that the entire update of the Comprehensive Plan is targeted for completion in August 2004. Explained the process required in updating the document and advised that the public will have a number of opportunities to participate in the process. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE THE DECEMBER 15, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Blomberg and LeMair, the motion carried. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT January 5, 2004 CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 04.01 Approving a Conditional Use Permit to Allow the Outdoor Storage of School Buses on Property Located on Welcome Avenue. (C) Consider Approval of Resolution 04.02 Approving Payment to McCarthy Well Company for Professional Services to Repair Well NO.5. (D) Consider Approval of a Resolution Approving a Private Use of Public Property Agreement to Allow for the Encroachment of a Deck in a Rear Yard 10-Foot Drainage and Utility Easement (Case File 03-131PC- McCoy). (E) Consider Approval of Resolution 04.03 Approving an Agreement Related to the Creation of a Transit Review Board and Planning Team for Scott County Communities. (F) Consider Approval of Resolution 04.04 Approving a Street Name Change for 14151 Street in the Plat of Windsor Estates. BOYLES: Reviewed the Consent Agenda items. BlomberQ: Requested removal of Item D. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA AS SUBMITTED WITH RE MOVAL OF ITEM (D). VOTE: Ayes by Haugen, Blomberg, Petersen, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of a Resolution Approving a Private Use of Public Property Agreement to Allow for the Encroachment of a Deck in a Rear Yard 10-Foot Drainage and Utility Easement (Case File 03-131PC- McCoy). BlomberQ: Advised that she remains consistent in her previous opposition to the use of the Private Use of Public Property Agreement in this manner. MOTION BY LEMAIR, SECOND BY PETERSEN TO ADOPT RESOLUTION 04.05 APPROVING THE PRIVATE USE OF PUBLIC PROPERTY AGREEMENT TO ALLOW FOR THE ENCROACHMENT OF A DECK IN A REAR YARD 10-FOOT DRAINAGE AND UTILITY EASEMENT (Case File 03-131PC - McCoy). VOTE: Ayes by Haugen, Petersen and LeMair, Nay by Blomberg, the motion carried. PUBLIC HEARINGS: Public Hearing to Consider Approval of an Ordinance Amending Section 106 of the Prior Lake City Code Providing for Adoption of an Official Fee Schedule. Teschner: Reviewed the agenda item in connection with the staff report, briefly reviewing the proposed fee schedule. BlomberQ: Commented that user-based fees are an integral part of being able to provide continued service. Asked about the rationale for requiring an application fee for a fac;:ade improvement project. Teschner: Advised that since it is a grant program, staff felt an application fee was a fair amount to get a genuine investment by the applicant. Advised that the amount of the fee is subject to Council approval. BlomberQ: Commented that charging a fee might discourage a potential user in a program that is designed to be a grant. 2 .. ....-......._..._.-T.--.'........~-_.....,. ......, '. City Council Meeting Minutes DRAFT January 5, 2004 Petersen: Asked if a grant applicant would lose its application fee if turned down. Teschner: Confirmed. LeMair: Asked what overall affect user fee revenues have on the budget. Teschner: The largest impact to the general fund is a 6% increase in the building permit fee. Advised that the recommendation by the League of Minnesota Cities is to implement this fee schedule. Cities still have the option. LeMair: Supported the fee schedule, but agreed with Councilmember Blomberg and Petersen that an application fee for the fa(fade improvement program is not appropriate. Also advised that the program has a finite amount. Hauaen: Commented on the increase in developer-related fees, and the appropriateness of charging the user for those services that they most use. Agreed with Councilmembers that an application fee for the fa(fade improvement program is not necessary. Mayor Haugen opened the public hearing. No persons were present to address the Council. MOTION BY PETERSEN, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-01 AMENDING SECTION 106 OF THE CITY CODE PROVIDING FOR ADOPTION OF THE OFFICIAL FEE SCHEDULE WITH THE DELETION OF THE PROPOSED APPLICATION FEE FOR THE FA<;ADE IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. PRESENTATIONS: Presentation to Cassie Busse in Recognition of Outstanding Efforts as a University of Minnesota Student-Athlete. Bovles: Reviewed the agenda item in connection with the staff report. Mayor Haugen presented a plaque to Cassie Busse in recognition of her achievements. Cassie was accompanied by her father Jim Busse. Cassie Busse: Thanked the community for its support and commented on how proud she is to represent the Prior Lake community. OLD BUSINESS Consider Approval of Ordinance Amendments Relating to Water and Sewer Rates (1) Ordinance Amendment City Code Section 704.1001 to Increase the Base Water Billing Rate by Ten Cents for Every 1000 Gallons of Water and to Establish a Tiered Rate; and (2) Ordinance Amending City Code Section 705.901 to Increase the Sewer Billing Rate by Fifteen Cents for Every 1000 Gallons of Water. Teschner: Reviewed the agenda item in connection with the staff report. The Council took a brief recess. 3 T City Council Meeting Minutes DRAFT January 5, 2004 leMair: Asked the benefit of going to a monthly billing. Teschner: Commented that the largest advantage is the convenience to the customer in a regular schedule which is easier to budget. From the City's standpoint, the money comes in a bit quicker, but there would be some additional administrative work. Hauaen: Discussed the significant costs associated with the renovation of lift stations, and that the costs are directly put back into the management and extension of the sewer and water system. Did not support the increase to the lowest user, but would support an increase to the highest user who typically has some elective use of water, such as lawn watering and car washing. Teschner: Commented that, compared to other metro users, the base water rate is really a bargain. Across the board increases are needed for this Enterprise Fund when we consider the capital improvements that will be needed for water treatment facilities and extension of water and sewer service to the annexation area. Hauaen: Explained that the increase for the base user is over 5%, while the percentage increase for the top user is much less. Teschner: Advised that the problem is that with the increase proposed, there will still be a net loss when the projects proposed are considered. There will likely be additional increases necessary so that the Sewer and Water Enterprise Fund doesn't fall far short. LeMair: Asked when there will be results for the Water and Sewer Rate Study. Osmundson: Advised that study results should be in by July. LeMair: Agreed that an increase is needed, but also agreed that a better balance is needed so that the smallest user is impacted the least. Petersen: Asked for clarification as to how the billing is calculated. Teschner: Explained that the first tier is currently billed at $1.75 per 1000 gallons. A user that goes over 25,000 gallons pays $2.10 per 1000 gallons for only water used above the first tier. Petersen: Believed that the step needs to be taken now rather than wait and have a bigger hike later. Blombera: Agreed that an increase is inevitable. Did not want to pay the increase either, but agreed with Councilmember Petersen that an across the board step is necessary at this point. Hauaen: Commented that the City, County, State and Nation are confronted with finite water resources, and we need to continue to stress conservation. The City will continue its campaign to educate the public. Blombera: Also encouraged user to think about water as a finite resource and to think about what water uses are necessary and which are a convenience. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04.02 AMENDING SECTION 704.1001 TO INCREASE THE BASE WATER BILLING ROATE BY TEN CENTS FOR EVERY 1000 GALLONS AND TO ESTABLISH A TIERED RATE. 4 '"~""""'~~'~-<-"-'~._>"'-'-~--~""""'~""'"~~-''''~'J-_.--~'~__'k__'~~.'''''''_'__'_ City Council Meeting Minutes DRAFT January 5, 2004 VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-03 AMENDING SECTION 705.901 TO INCREASE THE SEWER BILLING ROATE BY FIFTEEN CENTS FOR EVERY 1000 GALLONS OF WATER. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. Consider Approval of a Resolution Approving Participation in the Sentencing to Service Program and Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement with Scott County. Walsh: Reviewed the agenda item in connection with the staff report. Blornbera: Asked what the fee is for, and what types of crimes the offenders have committed. Walsh: Advised that the $6500 budget goes directly toward labor costs. The fee is not paid unless the labor service is provided. Clarified that offenders are typically on probation and that a judge would have to find the offender reliable and not a hazard to the public. Blornbera: Supported the program in that it provides an opportunity for rehabilitation, and provides a service back to the community in which the offense occurs. Petersen: Did not support the program because in the past the program took on the harsh procedures of a chain gang and targeted the poorest offenders. Walsh: Advised that the offenders do receive a $5 per hour rate which can be used for restitution of their crimes. Commented that the program may have been run differently in the past, but the current supervisor is newer to the Department of Corrections. We have no reason to believe the program won't be run appropriately. LeMair: Supported the program and believed it financially prudent for the City. Hauaen: Agreed with the comments of the majority. Supported the program. MOTION BY LEMAIR, SECOND BY BLOMBERG, APPROVING RESOLUTION 04-06 APPROVING PARTICIPATION IN THE SENTENCING TO SERVICE PROGRAM AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH SCOTT COUNTY. VOTE: Ayes by Haugen, Blomberg, and LeMair, Nay by Petersen, the motion carried. NEW BUSINESS Consider Approval of an Ordinance Amending the Prior Lake Zoning Map to Re-Zone Approximately 80 Acres from "A" (agricultural) to C-4 (general business) on Property Located West of CSAH 83, Immediately North of Mystic Lake Casino (Case File 03-145). Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked if a re-zone to C-4 increases the tax dollar benefit to the City, and if the parking lot would be used for additional employees. 5 _~______._~...~"_._,__~_......" .,- ,_""""~,',,i".. ...t.._.......,._ _^_" .._,._..."..._._____"..,M__-<-~_~_...._.__.,..__~.,~~~.____-....-.-..........-~_~__.~.._.._..~."__h.__,________"_,,..__~ ,. City Council Meeting Minutes DRAFT January 5, 2004 Kansier: Did not believe this was intended to be more parking, just of shift of what is currently available to employees. Advised that tax is generated by the value of any improvement, which would be determined by the County Assessor and added to the City's tax base. Petersen: Clarified that the land is not in trust status. Kansier: Confirmed. Blombera: Asked about the wetland in the area. Kansier: Advised that the SMSC would be required to meet all DNR and Watershed regulations with respect to the wetland. Blombera: Commented that she believed this was an appropriate use for the property. Hauaen: Agreed with the comments of Councilmembers. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04.04 AMENDING THE PRIOR LAKE ZONING MAP TO RE-ZONE APPROXIMATELY 80 ACRES FROM "A" (agricultura~ TO C-4 (general business) ON PROPERTY LOCATED WEST OF CSAH 83 IMMEDIATELY NORTH OF MYSTIC LAKE CASINO (Case File 03-145). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing the Payment of Fa~ade Improvement Funds to Carlson Hardware. Rve: Reviewed the agenda item in connection with the staff report. Blombera: Commented that as long as the applicant meets the criteria, did not believe it is appropriate to condition the grant. This was a first come - first serve program. Petersen: Agreed, but if there is a way to tie the Viking Liquor improvement with this one, would support that application as well. LeMair: Agreed and believed this is another great step for the downtown area. Hauaen: Also supported the allocation. Petersen: Advised that he has heard comments many times that the Downtown is starting to look much better. He's proud to be a part of this type of project. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04.07 AUTHORIZING THE PAYMENT OF FA(fADE IMPROVEMENT FUNDS TO CARLSON HARDWARE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Bernie Carlson (owner of Ace Hardware): Thanked the Council for the job it does. Believed that anyone who criticizes the efforts of the Council doesn't spend enough time finding out what's going on. 6 .......... _..,."."....,_.,.._~_..M".....~__~_.__~..."~.,.~____~____'_'~,.___~~.~._...~~_,._._.~.__~..'...m....____.'-.--._''-'--r--'-'-'_.'"~----------""-~'---'."" . City Council Meeting Minutes DRAFT January 5, 2004 Consider Approval of City Council Annual Appointments to Boards, Commissions and Committees. Bovles: Reviewed the agenda item in connection with the staff report. HauQen: Suggested that bids be solicited and evaluated for appointment of the official bank next year. MOTION BY LEMAIR, SECOND BY BLOMBERG, APPROVING RESOLUTION 04.08 DESIGNATION INVESTMENT AUTHORITY ON BEHALF OF THE CITY TO CITY MANAGER BOYLES AND FINANCE DIRECTOR TESCHNER. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE FOLLOWING APPOINTMENTS AS PROPOSED AND THAT THE EVALUATION OF THE OFFICIAL BANK BE REVIEWED. Acting Mayor Councilmember Zieska Official Newspaper Prior Lake American Official Bank Wells Farao Eaualization Board Full Council Fiscal Consultant Steve Mattson, Northland Securities Civil Defense Director Lieutenant Hofstad Health Officer Park Nicollet Clinic Animal Control Officer Bob McAllister Special Assessment Committee Councilmembers Blombera and Zieska Lake Advisory Liaison Councilmember Petersen Parks Advisory Liaison Councilmember LeMair Planning. Commission Liaison Councilmember Blombera City Manager Evaluation Committee Mayor Hauqen & Councilmember Zieska Annexation Task Force Mayor Hauqen & Councilmember Zieska Orderly Annexation Board Councilmember Zieska Weed Inspector Code Enforcement Steve Horseman Computer Liaison CouncilmemberB~mberg Watershed Liaison Councilmember Petersen Transit Liaison Councilmember LeMair Bylaws & Compensation Committee Councilmembers LeMair & Petersen Traffic Safety Committee Councilmembers Blombera & Petersen Downtown Redevelooment Mavor Hauaen & Councilmember LeMair CSAH 21 Improvements Advisory Mayor Hauqen VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carned. OTHER BUSINESS LeMair: Thanked everyone who helped with his election campaign, and the residents who helped him be re-elected. With no other comment from Council members, a motion to adjoum was made an 9:05pm. 7 ''-'------.~,----.--,' ,,"'-..-..--.--.,..----...---.--.---.-~...,"" ,...-..-----.-~-._._--r_.