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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle d\~Jlt~~~ fPUNCIL MEETING AGENDA Prior Lake, MN 55372-1714 FEBRUARY 17, 2004 (TUES.) 7:00pm Fire Station No.1 d. 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 concerr1sto the City Council. The Public Forum will be no longer than 30 minutesln 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 FEBRUARY 2, 2004 MEETING MINUTES, AND FEBRUARY 9, 2004 EMERGENCY 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 D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Preliminary 2003 4th Quarter Budget Report F) Consider Approval of a Resolution Approving the Common Interest Community Number 1111 (Jeffers South Condominium CIC Plat). G) Consider Approval of a Resolution Requesting a Variance from Municipal State Aid Standards for Main Avenue (City Project 04-01). 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: A) Public Hearing to Consider Approval of the Issuance of an On-Sale Intoxicating and Sunday Liquor License for North Grove Holdings Inc. d/b/a Hollywood Bar and Grill. 021704 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 8. PRESENTATIONS: NONE. 9. OLD BUSINESS:: A) Consider Approval of a Resolution Accepting Bids and Awarding Contract for the Construction of Phases II and III of the Ring Road. B) Consider Approval of Amendments to the Zoning Ordinance: (1) Pertaining to the Procedure for Approval of Conditional Use Permits (Case File 04-07); (2) Requiring Future Decks to be Included on Surveys for New Dwellings (Case File 04-04); and (3) Clarifying the Fence Ordinance (Case File 04- 06). C) Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for the 2003-2004 Lift Station Rehabilitation Project (City Project 03-05). 10. A) NEW BUSINESS:: Consider Approval of a Joint Resolution for Orderly Annexation between the City of Prior Lake and Spring Lake Township Pursuant to Minnesota Statutes 414.0325 Annexing Forth Acres (40) commonly known as Honey's Back Forty. B) Consider Approval of Authorization to Retain Ingraham and Associates to Update Comprehensive Park and Trail Plan. C) Consider Approval of a Resolution Authorizing SRF Consulting Group Inc. to Provide Professional Engineering Services for the Transportation System Component of the Comprehensive Plan Update. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 021704 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES February 2, 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, Public Works Coordinator McCormick, Assistant City Manager Walsh, 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: Bovles: Requested the removal of Item 50 (Consider Approval of a Resolution Entering into a Fire Department Mutual Aid Agreement with the Shakopee Mdewakanton Sioux Community) noting that the parties have additional details to clarify within the agreement. Also added as Item 9F (Consider Approval of a Resolution Amending Resolution 03-216 Accepting the CSAH 82 Geometric Layou~. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE JANUARY 20, 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 2003 4th Quarter Investment Report. (C) Consider Approval of Resolution 04.19 Approving the Purchase of Two 2004 Crown Victoria Police Patrol Package Vehicles through the State of Minnesota Cooperative Purchasing Program. (D) [REMOVED] 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 Windsong on the Lake 3rd Addition. BOYLES: Reviewed the Consent Agenda items. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT February 2, 2004 MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA AS SUBMITTED WITH THE REMOVAL OF ITEMS 5(0). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE PUBLIC HEARINGS: NONE PRESENTATIONS: MRPA Award of Excellence (Donna Tilsner) Tilsner: Reviewed the process and competitiveness of the MRPA Award of Excellence for facilities. Congratulated Prior Lake on its commitment to the development of parks as a community meeting place. Presented Parks Supervisor AI Friedges, and Recreation Coordinator Chris Esser with an award of excellence for Lakefront Park. Fishing in Neighborhood Program (AI Friedges) AI Friedaes: Reviewed that the staff is proposing to cooperate with the DNR and MinnAqua programs to participate in the Fishing in Neighborhoods (Fin) program. The program will be implemented in the entrance pond at Lakefront Park, and will include the installation of a lighted fountain/aerator and improvement of the shoreline for access. Mark Nemeth: Discussed how excited he is to work with the City of Prior Lake in kicking off and promoting the program. Believed it will be a real asset in promoting the care and appreciation of the natural environment that is particularly unique to the City of Prior Lake. Michelle Kellv: Discussed the participation and details of MinnAqua program in the project. State of the City (Mayor Haugen) Hauaen: Reviewed the accomplishments of 2003, together with the goals for 2004. Also reviewed the changes to the 2020 Vision and Strategic Plan that were proposed by the Long-Range Planning group in October. Concluded by encouraging residents and business owners to be proud of where Prior Lake has come from and where its going, and to continue developing those partnerships that make us a team. OLD BUSINESS 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. Kansier: Reviewed the agenda item in connection with the staff report, advising that a Comprehensive Plan amendment is the first of two steps. The applicant will also need to apply for a zoning change. 2 City Council Meeting Minutes DRAFT February 2, 2004 Blombera: Believed this was an appropriate changed given that the 2020 Vision identifies an extension of the Downtown area toward the lake as opportunities arise. Also believed that redevelopment of the area will be a positive addition to Downtown. Council members concurred. MOTION BY BLOMBERG, SECOND BY PETERSEN TO APPROVE RESOLUTION 04-20 AMENDING THE 2020 COMPREHENSIVE PLAN LAND USE MAP TO THE C-TC DESIGNATION FOR PROPERTY LOCATED AT 4616 COLORADO STREET OWNED BY IVEX CORPORATION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending the Zoning Map to Zone Approximately 80 Acres R-1 (Low Density Residential) on Property Located West of Spring Lake Regional Park and North of CSAH 12. Kansier: Reviewed the agenda item in connection with the staff report. leMair: Asked about the density of the project. Kansier: R-1 seems to be appropriate in that it provides the lowest density even though R-1 does allow for townhome development with the same density as single-family, as well as single-family homes. Blombera: Asked if including the information regarding the shoreland is inconsistent with the R-1 zoning designation. Kansier: Explained that the shoreland district is consistent with the R-1 designation. The purpose for noting the shoreland area is to clarify that some properties within this area may also have some limitation due to shoreland restriction, especially in the Howard Lake area. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-05 AMENDING THE ZONING MAP TO ZONE APPROXIMATELY 80 ACRE R-1 ON PROPERTY LCOATED WEST OF SPRING LAKE REGIONAL PARK AND NORTH OF CSAH 12. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting the Feasibility Report for Main Avenue and Dakota Street Improvement Project and Setting a Public Hearing Date. McDermott: Reviewed the agenda item in connection with the staff report. Blombera: Commented that as a Special Assessment Committee member, they discussed as a group the most equitable way to distribute costs. Also believed it is important to our infrastructure up-to-date, and with the improvements to building facades and the construction of new buildings in the Downtown area, it seems appropriate that the infrastructure should be consistent. Zieska: Asked if the project will be completed by Lakefront Days. McDermott: Advised that improvement projects typically take a full summer. We are fast-tracking this project and weather- permitting expect to finish it before the Lakefront Days celebration. 3 City Council Meeting Minutes DRAFT February 2, 2004 Hauaen: Asked about access for the business owners during construction. McDermott: Explained that alternative plans will be prepared in the event that the project isn't finished by Lakefront Days. We are also completing the project in stages such that at least one lane of traffic is open at most times. Parking may be an issue, but we will be working very closely with Downtown business owners to mitigate the impacts of the construction. Also noted that an informational meeting will be held on February 18, 2004, with the public hearing on March 1, 2004 at 7pm. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04.21 ACCEPTING THE FEASIBILITY REPORT FOR MAIN AVENUE AND DAKOTA STREET IMPROVEMENT PROJECT AND SETTING A PUBLIC HEARING FOR MARCH 1, 2004 AT 7PM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 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. McDermott: Reviewed the agenda item in connection with the staff report. Zieska: Commented how important it is to work with surrounding governments and entities in the management of storm water since it is all interrelated. Blombera: Asked how the education information is communicated. McDermott: Advised that the information will be available through the City's web site. We also have materials to distribute at Lakefront Days. Other agencies such as the DNR and Watershed will also make efforts to make the information available. Blombera: Suggested partnering with the schools to encourage using the program in their curriculums. Also pointed out that this program is particularly important to Prior Lake because of its abundant natural resources. Hauaen: Added that this item is in direct connection with the goals of the 2020 Vision and Strategic Plan. MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE RESOLUTION 04.22 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 PAHSE II MS4 PERMIT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending the Zoning Ordinance Pertaining to Newly Annexed Property. Kansier: Reviewed the agenda item in connection with the staff report. Blombera: Agreed with the rationale of the staff and the Planning Commission. Also noted that one of the goals of the annexation agreement was to let property owners know what is coming. Providing for the zoning designation supports that goal in that property owners will know what to expect. 4 City Council Meeting Minutes DRAFT February 2, 2004 Petersen: Asked if the zoning could be changed if a property wanted to develop as something other than R-1. Kansier: Advised that any property would have the option to apply for an amendment to the Comp Plan and a subsequent rezoning. Those applications would require both Planning Commission and City Council review. Applying a designation makes the process simpler for developers and allows existing property owners to maintain their existing status. Petersen: Concerned about having enough commercial development. Kansier: Explained that there will likely be areas within the annexation area that are designated for commercial development on the Comp Plan. At this point, those areas are far enough out that the Council would have plenty of time to initiate the zoning change at some future date. Blomberg: Asked if the properties that are currently agricultural would be afforded a conditional use. Kansier: Explained that those properties will become a non-conforming status, which means they use can continue in perpetuity until such time as the use changes or is discontinued. Zieska: Added that from a fiscal and time management standpoint, assigning a designation will streamline the process and same staff time. LeMair: Believed this is an appropriate way to manage growth in that area. Bovles: Asked about the language in the ordinance referencing floodplain and shoreland regulations. Kansier: Advised that the language was included in an effort to trigger staff and property owners or developers that additional limitations may exist due to floodplain or shoreland restrictions. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE ORDINANCE 04.06 AMENDING THE ZONING ORDINANCE PERTAINING TO NEWLY ANNEXED PROPERTY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. [ADDED] Consider Approval of a Resolution Amending Resolution 03-216 Accepting the Geometric Layout for CSAH 82. Bovles: Reviewed the history of the item, noting that the Council had since discussed the matter in a work session with County officials who proposed alternatives to managing speed outside of lower the design speed. Believed the Council would like to further consider the Resolution it previously adopted. Zieska: Discussed that there are additional safety issues and road placement in designing the roadway at a 45 mph design speed. Therefore, suggested an alternative to encourage the 45 mph posted speed limit. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 04.23 AMENDING RESOLUTION 03-216 DELETING THE REQUIREMENT THAT THE DESIGN SPEED BE LOWERED TO 45 MPH, AND ADDING THE STATEMENT THAT "UPON COMPLETION OF THE RECONSTRUCTION OF CSAH 82, THE COUNTY WILL INCLUDE WITH THEIR SPEED ZONE STUDY REQUEST TO MnDOT A LETTER INCLUDING SUPPORTING DATA FROM THE CITY OUTLINING THE CITY'S POSITION THAT THE POSTED SPEED LIMIT ON CSAH 82 BE 45 MPH. 5 City Council Meeting Minutes DRAFT February 2, 2004 Hauaen: Commented that this action will actually make the roadway safer due to more gradual curves and elevations. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of the Updated 2020 Vision and Strategic Plan. Bovles: Reviewed the agenda item in connection with the staff report. LeMair: Believed it important to continue to review the 2020 Vision and Strategic Plan in order to keep it as a vibrant document as the community evolves. Zieska: Noted that so many communities fail to utilize the plans they create. They end up on a shelf. In Prior Lake's case, nearly every City Council action can be traced back to the 2020 Vision that was developed by our community. Agreed with that it is important for the document to remain fluid and responsive to community standards. Blombera: Added that Councilmembers refer to the 2020 Vision document as a guide that really does provide direction when we as elected officials consider issues. It makes our job clearer. Believes the changes proposed are consistent with the input and direction given by the Long-Range Planning committee last October. Hauaen: Commented that planning to him is being proactive rather than reactive. There is a lot of change taking place in Prior Lake and there are a lot of changes down the pike. It is important that we define what we want for this community in order to manage that change the best we can. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO ACCEPT THE UPDATED 2020 VISION AND STRATEGIC PLAN AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Report Establishing Bylaws and Procedures for the Traffic Safety Committee. McCormick: Reviewed the agenda item in connection with the staff report. Blombera: Advised that she believed the committee would be valuable and that there was quite a lot of discussion about the process so that it did not become burdensome for the staff or any concerned resident. The committee basically provides a forum outside the City Council meetings for discussing traffic safety concerns. Applicants who do not feel that there requests are adequately addressed are provided an appeal process to the City Council. LeMair: Concerned that the Traffic Safety Committee will only provide further bureaucratic red-tape. McCormick: Explained that currently different issues related to streets are the responsibility of multiple departments. By creating the committee and a specific process, staff believes that it can provide better customer service and in a more timely manner. Also, instead of relying on particular staff members to interpret a situation or safety concern, the matter will be discussed in a committee forum of Council liaisons, police, and public works personnel so that the best possible resolution is reached. 6 City Council Meeting Minutes DRAFT February 2, 2004 Zieska: Believed the process will provide more consistency, but is also concerned with creating red-tape. Suggested reviewing the efficiency of the committee in 12 to 18 months. MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04.24 ESTABLISHING BYLAWS AND PROCEDURES FOR THE TRAFFIC SAFETY COMMITTEE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjourned at 10:35pm. 7 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 EMERGENCY COUNCIL MEETING MINUTES February 9, 2004 CALL TO ORDER: The meeting was called to order by Mayor Haugen at 5:30pm. Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Pace and Consulting Attorney Fred Richards. Hauaen: Announced that the Emergency Meeting had been noticed in writing to the Prior Lake American, and posted at City Hall. The porpose of the Emergency meeting was to conduct an Executive Session to discuss pending litigation associated with the condemnation proceedings for a portion of the Priordale Mall property in order to construct the Ring Road. MOTION BY PETERSEN, SECOND BY ZIESKA TO ADJOURN TO EXECUTIVE SESSION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council adjourned to Executive Session at 5:33pm. The Council returned from Executive Session at 6:20pm. Hauaen: In connection with the litigation described at the opening of the meeting, advised the public that the City Council had provided direction to the City Attorney to file a motion with the district court to (1) resolve the condemnation matter, and (2) obtain possession of the property needed for the Ring Road. The City Council is taking such action because there appears to be a dispute between Bealmake and Priordale, the parties to the transaction as to the ownerships of the property south and west of the Ring Road. The City does not need to be a party to the dispute. A motion to adjourn was made and seconded. The meeting adjourned at 6:24pm. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245