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16200 Eagle ~~G!Jv~~~ fPUNCIL MEETING AGENDA
Prior Lake, MN 55372-1714
FEBRUARY 2, 2004
7:00pm
Fire Station No.1
CITY COUNCILWORKSESSION
The City Council will conduct a work session at 5:30pm prior to the Council
meeting on the following topics.
. Downtown Redevelopment
. CSAH 82 Underpass
. Traffic Safety Committee
This meeting is open to the public.
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 20, 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 2003 4th Quarter Investment Report.
C) Consider Approval of a Resolution Approving the Purchase of Two 2004 Crown Victoria Police Patrol
Package Vehicles through the State of Minnesota Cooperative Purchasing Program.
D) Consider Approval of a Resolution Entering into a Fire Department Mutual Aid Agreement with the
Shakopee Mdewakanton Sioux Community.
E) Consider Approval of a Massage Therapy License renewal for Tammy Lynn Enfield.
F) Consider Approval of a Certificate of Correction to the Plat of Winsong on the Lake 3rd Addition.
6.
ITEMS REMOVED FROM CONSENT AGENDA:
7.
PUBLIC HEARINGS: NONE.
020204
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
8. PRESENTATIONS::
A) State of the City (Mayor Haugen)
B) MRPA Award of Excellence (Donna Tilsner)
C) Fishing in Neighborhood Program (AI Friedges)
9. OLD BUSINESS::
A) Consider Approval of a Resolution Amending the 2020 Comprehensive Plan Land Use Map to the C-
TC designation for Property located at 4616 Colorado Street Owned by IVEX Corporation.
B) Consider Approval of an Ordinance Amending the Zoning Map to Zone Approximately 80 Acres R-1
(low density residentia~ on Property Located West of Spring Lake Regional Park and North of CSAH
12.
C) Consider Approval of a Resolution Accepting the Feasibility Report for Main Avenue and Dakota
Street Improvement Project and Setting a Public Hearing Date.
D) Consider Approval of a Resolution Authorizing the City Manager to Execute the Joint Storm Water
Educational Plan as Part of the City's Storm Water Pollution Prevention Program and Accepting the
2004 Annual report for the City's NPDES Phase II MS4 Permit.
E) Consider Approval of an Ordinance Amending the Zoning Ordinance Pertaining to Newly Annexed
Property.
10. NEW BUSINESS::
A) Consider Approval of the Updated 2020 Vision and Strategic Plan.
B) Consider Approval of a Report Establishing Bylaws and Procedures for the Traffic Safety Committee.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
020204
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
January 20, 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, City Engineer McDermott, Community Development Director
Sullivan, Communications Coordinator Oster, and Administrative Assistant Meyer.
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.
No persons were present to address the Council.
APPROVAL OF AGENDA:
MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE JANUARY 5, 2004 REGULAR MEETING MINUTES
AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Blomberg, and LeMair, the motion carried. Councilmember Zieska abstained.
CONSENT AGENDA:
(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 Resolution 04-09 Approving Prior Lake Lions Club Premise Permit for Lawful Gambling.
BOYLES: Reviewed the Consent Agenda items.
Hauaen: Requested removal of Items 5(E) (Consider Approval of Monthly Fire Call Reports) and 5(F) (Consider Approval of
a Resolution Authorizing the Execution of the 2004 Joint Powers Agreement for Traffic Markings, Street Sweeping, Crack
Sealing and Seal Coating.)
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
DRAFT
January 20, 2004
MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE THE CONSENT AGENDA AS SUBMITTED WITH
THE REMOVAL OF ITEMS 5(E) and 5(F).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
5(E) Approval of Fire Call Reports
Hauaen: Pointed out six firefighters who attended over 400 calls during 2003, including Brent Johnson, Rick Kathan, Bruce
Sames, Jim Weber, Joe Zieska, Eric Zimmerman.
5(F) Consider Approval of Resolution 04-10 Authorizing the Execution of the 2004 Joint Powers Agreement (JPA)
for Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating.
Bovles: Reviewed the agenda item in connection with the staff report, pointing out the economies of scale that can be
achieved through cooperation.
Hauaen: Added that this is an example of one of the many cooperative efforts Prior Lake makes to save money.
MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING CONSENT AGENDA ITEMS 5(E) AND 5(F).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
PUBLIC HEARINGS:
Public Hearing on 2004 Street Reconstruction Project.
Hauaen: Advised that he would be removing himself from any dialogue involving this item since his home is within part of
the project area.
Poppler: Reviewed the agenda item in connection with the staff report and reviewed the improvements proposed for the
area.
Petersen: Asked if the pipe under the channel under the lake is water or sewer. Also asked about the plastic liner.
Poppler: Explained that the channel pipe is for both water and sewer and goes to the lift station. It will have to remain.
Advised that the plastic lining goes in like a baggy and then heat expands the plastic and it adheres to the inside of the pipe
and becomes a solid reinforcement.
Petersen: Asked about access for the neighborhood during construction.
Poppler: Advised that it has not been looked at in detail, but any construction contractor would be required to be flexible. At
some points during the project, people will have to park and walk to their homes. We will try to minimize any inconvenience
to the neighborhoods as much as possible.
LeMair: Asked about sidewalks and why the project is so large in area.
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January 20, 2004
Poppler: The project is large because completing the project in smaller areas would increase the length of time to complete
the project to two construction seasons. In order to minimize the inconvenience to the area, staff felt that a larger project
could be accomplished in one season and therefore avoid prolonged construction.
Acting Mayor Zieska opened the public hearing.
Robert Kists (end of Red Oaks Road): Asked if survey markers will be replaced, and if trees will be replaced.
McDermott: Advised that survey markers disturbed by this project will be replaced. Trees in the right-of-way will not be
replaced.
Marv Mirsch (15432 Red Oaks Road): Concerned that there be an emergency management plan in place with the
contractor in case there is a lot of rain when the soils are disturbed. Also believed a 6% interest rate is quite high, and that
the project be bonded as soon as possible in order to take advantage of the current low rates. Also concerned about where
construction vehicles will be parking overnight and when not in use.
Dave KamDen (4777 Rutledge): Agreed with the comments of Mr. Mirsch and reminded the Council that there was no
alternate plan by the contractor when the prior street reconstruction was completed. If soils are unstable and it rains, there
could be significant property loss. Believed some plan should be in place. Also concerned about parking of construction
vehicles
Rose Heinicke (15398 Red Oak Road): Would like to see one side of the road open during the construction both for
convenience and for emergencies. Also noted that parking is always a premium in the neighborhood. Suggested using the
upper parking lot at Lakefront Park for alternate parking. Also concerned about parking in the neighborhood during
Lakefront Days when there is absolutely no where to park.
John Rasmussen (4997 Rutledge Street): Concerned with the sidewalk plan. Suggested that the sidewalk align with
Ridgemont all the way to Red Oaks. Also suggested that some consideration be given with regard to assessments for those
on the south side of the street.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
leMair: Asked the timeline for replacing iron markers. Also asked about the possibility of using Lakefront Park for alternate
parking.
McDermott: Advised that iron markers are replaced before the project is closed, typically the last part of the project.
Believed using Lakefront Park parking lots and trail is something that should be explored.
Petersen: Believed the issues can be addressed. Supported the project.
Blombera: Asked if emergency access is available. Also commented that she has serious concerns about stabilizing soils
during the project. Also supported using Lakefront Park for parking. Further commented that the City will obviously secure
the lowest possible rate for the bond issue and pass that along to the project.
Zieska: Asked if Kevin Kleist will ~e the inspector on this project.
McDermott: Advised that Kevin will likely be working on the Downtown street project.
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City Council Meeting Minutes
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January 20, 2004
Zieska: Advised that Kevin Kleist is also on the fire department and during the Hope Street project was on-site doing as
much as possible to provide for emergency access. Suggested that the sidewalk be further discussed with the
neighborhood as the project moves forward.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.11 AUTHORIZING THE
PROJECT.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried. Mayor Haugen was excused from the vote.
The Council took a brief recess.
PRESENTATIONS:
Introduction of New Community Development Director John Sullivan
Bovles: Reviewed the process for adding the position, the new role for Don Rye in connection with the Orderly Annexation
Agreement, and introduced John Sullivan who started with the City today (Jan. 20th) as the Community Development
Director.
John Sullivan: Discussed his attraction to Prior Lake's physical and natural attributes on a personal level, but also
discussed the opportunities he sees around every corner. He is excited about jumping in with both feet and feels very
welcome.
OLD BUSINESS
Consider Approval of a Resolution Authorizing the Installation of Street Lights by Xcel Energy for the Downtown
Redevelopment Project.
McDermott: Reviewed the agenda item in connection with the staff report, noting that the action requested is to authorize
the contract when approved by the City Attorney.
Blombera: Asked what the alternative is.
McDermott: Explained that the installation could be bid out to a contractor, but that Xcel provides a reduced rate for the
electrical and maintenance costs during the life of the fixtures.
LeMair: Asked the timeline for installation of the lights.
McDermott: Advised that the installation will occur with the Downtown streetscape project which is to conclude mid-July
2004.
MOTION BY BLOMBERG, SECOND BY PETERSEN TO APPROVE RESOLUTION 04.12 AUTHORIZING THE
INSTALLATION OF STREET LIGHTS BY XCEL ENERGY FOR THE DOWNTOWN REDEVELOPMENT PROJECT.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
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)
McCormick: Reviewed the agenda item in connection with the staff report.
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January 20, 2004
Zieska: Asked if the plans and specs are basically the same as last year.
McCormick: Explained that because we are trying to standardize the lift stations, the plans and specs have not
substantially changed from last ye'ar's project.
Petersen: Asked what the chances are for better bids this time.
McCormick: Noted that preliminarily the indications are that bids should be more favorable because we are bidding earlier
in the year.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 04.13 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR THE 2003-2004 LIFT STATION
REHABILITATION PROJECT (CITY PROJECT 03-05).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Making a Negative Declaration for the Deerfield Industrial Park Environmental
Assessment Worksheet.
Kansier: Reviewed the agenda item in connection with the staff report.
Cindy Ulness (MFRA): Discussed the primary concerns with traffic impacts on intersections and that mitigation including
cost participation by the developer, can occur during the platting process and can be monitored as growth occurs. The
second area of concern was storm water run-off to Markley Lake. Because any development would need to meet City run-
off standards, any of those issues 'can also be mitigated at the time of development approval. None of the commenting
agencies believed an EIS was necessary. That is the recommendation by staff.
LeMair: Asked about the comment received regarding Blanding turtles.
Ulness: Advised that there is no evidence of turtles existing at the site. If they were found, re-evaluation would need to take
place.
Councilmembers each voiced their support for the project and relief
that the Environmental Assessment Worksheet showed no concerns that cannot be managed.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.14 MAKING A NEGATIVE
DECLARATION FOR THE DEERFIELD INDUSTRIAL PARK ENVIRONMENTAL ASSESSMENT WORKSHEET.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Authorizing Execution of the City's Standard Professional Services Agreement
with Bonestroo, Anderlik and Associates (BRAA) to Prepare a Comprehensive Sanitary Sewer Plan and Trunk Fee
Study.
McDermott: Reviewed the agenda item in connection with the staff report.
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January 20, 2004
Blombera: Asked if the study will cover the existing City as well as the annexation area.
McDermott: Confirmed~
Zieska: Commented that the study not only looks at the infrastructure, but how to pay for it.
McDermott: Confirmed.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04.15 AUTHORIZING EXECUTION OF THE
CITY'S STANDARD PROFESSIONAL SERVICES AGREEMENT WITH BONESTROO, ANDERLlK AND ASSOCIATES
(BRM) TO PREPARE A COMPREHENSIVE SANITARY SEWER PLAN AND TRUNK FEE STUDY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
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-Lear Grant for the Preparation of the Restoration Plan for Lakefront
Park.
McCormick: Reviewed the agenda item in connection with the staff report.
LeMair: Believed it important to plan for the maintenance of our park system and protect that investment.
Zieska: Agreed with the comments of Councilmember LeMair.
Blombera: Asked if there is any in-house knowledge to complete this type of plan.
Friedaes: Believed there are some items that could be completed in-house, but in order to confidently implement a plan
without second-guessing, that it is best completed by a professional and the study can then be used as a boiler-plate for
other parks within the City.
Blombera: The point is that there are professionals in the industry that can complete a study of this type so that the
maintenance efforts are efficient, effective and safe. Also complimented staff on seeking out grants.
Friedaes: Also pointed out that the City will utilize the Sentencing to Service program to offset labor costs for implementing
the restoration management plan.
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.16 AUTHORIZING APPLIED
ECOLOGICAL SERVICES, INC. TO PREPARE A NATURAL RESOURCE ASSESSMENT AND ECOLOGICAL
RESTORATION AND MANAGE'MENT PLAN, AND ACCEPTING DNR MINNESOTA RE-LEAF GRANT FOR THE
PREPARATION OF THE RESTORATION PLAN FOR LAKEFRONT PARK.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Resolutions Authorizing (1) Expenditure for Miscellaneous Park Appurtenant Equipment, and
(2) Acquisition of Construction Materials for Picnic Shelters at Various Neighborhood Parks.
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January 20, 2004
FriedQes: Reviewed the agenda item in connection with the staff report, including trees, volleyball courts, appurtenant
equipment, and park signs.
leMair: Believed it important to re-invest in our parks. Supported the projects.
Petersen: Asked if the volleyball courts must be surrounded by a concrete curb.
Friedaes: Explained that the concrete borders are kept far outside the "fall" area and are necessary to contain the sand.
BlomberQ: Asked if the trees will be going into the Downtown streetscape project.
Friedaes: No. Funding for trees in the Downtown area will have to come from a different funding source.
BlomberQ: Pointed out that this is an example of how funds designated for parks to put toward parks and other types of
expenses are kept separate.
MOTION BY BLOMBERG, SECOND BY PETERSEN, APPROVING RESOLUTION 04.17 AUTHORIZING EXPENDITURES
FOR MISCELLANEOUS PARK APPURTENANT EQUIPMENT.
VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried.
FriedQes: Reviewed the item for picnic shelters in connection with the staff report, noting that the park shelters were
designed by Ortel Architects years ago and the plans have been recycled to save money. At least one shelter will be built
by the Sentencing to Service program.
BlomberQ: Agreed that it is important for the park to be in place prior to development so property owners know what they
are getting into.
Zieska: Pointed out that this is an example of being fiscally prudent as well as investing in our park system.
LeMair: Commented that this will be a good test for the Sentencing to Service program.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04.18 AUTHORIZING ACQUISITION OF
CONSTRUCTION MATERIALS FOR PICNIC SHELTERS AT VARIOUS NEIGHBORHOOD PARKS.
VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried.
OTHER BUSINESS
Executive Session to Discuss Pending Litigation
HauQen: Advised that the City Council will be in recess to discuss assessment appeals, Ring Road litigation, and the City
Manager performance review.
The Council recessed to Executive Session.
HauQen: Upon returning from Executive Session, advised that the City Attorney had been given direction with respect to
pending litigation. Further advised that the Council had completed the City Manager's performance evaluation and all were
very complimentary of Frank's efforts over the past year, noting the 2004 budget which provided a level property tax impact
despite losing $400,000 in local government aid from the State, completion of the Orderly Annexation Agreement, and
progress toward Downtown Redevelopment.
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City Council Meeting Minutes
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January 20, 2004
Zieska: Advised that as a result. of the positive review, the salary recommendation is for a 3% merit increase with an
equivalent of a 2Y2% step increase. Adjustments would also be made to the City Manager's employment contract in his
severance package and car allowance.
All Councilmembers concurred.
Bovles: Thanked the Council for support of his efforts.
With no other comments from Councilmembers, a motion to adjourn was made and econded. The meeting adjourned at
10:45pm.
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