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HomeMy WebLinkAbout012004 Regular16200 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. Boyles: 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 LeUair, 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. Hau.clen: 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 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 Hau.qen: 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. Boyles: Reviewed the agenda item in connection with the staff report, pointing out the economies of scale that can be achieved through cooperation. Hau.clen: 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 LeUair, the motion carried. PUBLIC HEARINGS: Public Hearing on 2004 Street Reconstruction Project. Hau~en: 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. City Council Meeting Minutes 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. Mary 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 Iow rates. Also concemed about where construction vehicles will be parking overnight and when not in use. Dave. Kampen (4777 Rutledge): Agreed with the comments of Mr. Mirsch and reminded the Council that there was no altemate 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 concemed 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): Concemed 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 altemate 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. Blomber.q: Asked if emergency access is available. Also commented that she has sedous concems about stabilizing soils dudng 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 be the inspector on this project. McDermott: Advised that Kevin will likely be working on the Downtown street project. City Council Meeting Minutes 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 LeUair, the motion carried. Mayor Haugen was excused from the vote. The Council took a bdef recess. PRESENTATIONS: Introduction of New Community Development Director John Sullivan Boyles: Reviewed the process for adding the position, the new role for Don Rye in connection with the Ordedy Annexation Agreement, and introduced John Sullivan who started with the City today (Jan. 20~) 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 comer. 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 Attomey. Blomber.q: Asked what the altemative 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 LeUair, the motion carded. 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. Zieska: Asked if the plans and specs are basically the same as last year. City Council Meeting Minutes January 20, 2004 McCormick: Explained that because we are trying to standardize the lift stations, the plans and specs have not substantially changed from last year'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 LeUair, 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 ElS 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. Blomber~: Asked if the study will cover the existing City as well as the annexation area. McDermott: Confirmed. . City Council Meeting Minutes January 20, 2004 Zieska: Commented that the study not only looks at the infrastructure, but how to pay for it. McDermott: Confirmed. MOTION BY ZlESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-15 AUTHORIZING EXECUTION OF THE CITY'S STANDARD PROFESSIONAL SERVICES AGREEMENT WITH BONESTRO0, ANDERLIK AND ASSOCIATES (BRAA) TO PREPARE A COMPREHENSIVE SANITARY SEWER PLAN AND TRUNK FEE STUDY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, 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. Blomber.cl: Asked if there is any in-house knowledge to complete this type of plan. Friedqes: 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. Blomber.cl: 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. Friedqes: 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 MANAGEMENT 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. Fried~es: 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. City Council Meeting Minutes January 20, 2004 Petersen: Asked if the volleyball courts must be surrounded by a concrete curb. Fried.qes: Explained that the concrete borders are kept far outside the "fall" area and are necessary to contain the sand. Blomberg: Asked if the trees will be going into the Downtown streetscape project. Friedqes: No. Funding for trees in the Downtown area will have to come from a different funding source. Blomber.q: 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. Fried.cles: 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. Blomberg: 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 LeUair, the motion carried. OTHER BUSINESS Executive Session to Discuss Pending Litigation Hau~en: 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. Hau.qen: 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. Zieska: Advised that as a result of the positive review, the salary recommendation is for a 3% merit increase with an equivalent of a 2~% step increase. Adjustments would also be made to the City Manager's employment contract in his severance package and car allowance. All Councilmembers concurred. City Council Meeting Minutes January 20, 2004 Boyles: Thanked the Council for support of his efforts. With no other comments from Councilmembers, a motion to adjoum was made 10:45pm. Frank Boyles, City Manager seconded. The meeting adjoumed at Kelly ~eyer/ Secretary