HomeMy WebLinkAbout031504 Regular16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
March 15, 2004
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City
Attomey Pace, Planning Coordinator Kansier, City Engineer McDermott, Public Works Director Osmundson,
Communications Coordinator Oster, 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.
Boyles: Reviewed the procedure for the public forum.
Matthew We¥1and (Tollefson Development): Reviewed a concept plan with the City Council for property known as the Lally
property immediately south of PriOr Lake, east of Highway 13, that was part of the 2004 ordedy annexation area. The
property is approximately 22 acres. The concept proposes a density of 111 units, or approximately 5 units per acre.
Hau.qen: Commented on the R-1 designation with a maximum of 3.6 units per acre and the concems with the impacts upon
the Watershed. Also suggested more single-family be included in the project.
Without seeing an actual application, the Council was generally supportive
Of the project, but suggested that the R-1 designation was appropriate
And that more single-family homes be considered rather than townhomes.
APPROVAL OF AGENDA:
Boyles: Requested adding an item under New Business regarding refund of bond issues (10D).
Hauqen: Requested adding item 10F under New Business regarding utilization of the HRA to build a common use facility
and directing staff to identify a process and timeline for considering construction of a City Hall / Police ! Common Use
facility.
Bo¥1es: Requested the addition of an Executive Session to discuss pending litigation associated with the special
assessments dudng the 2003 Improvement project.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE MARCH 1, 2004 REGULAR MEETING MINUTES
AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried.
www. cityofpriorlake, com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
March '15, 2004
CONSENT AGENDA:
(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 Taxicab License for Shakopee Taxi.
(F) Consider Approval of Resolution 04-46 Waiving Platting Requirements for the Subdivision of Property Lcoated in
Section 10, Township 114, Range 22. (Bendzick).
(G) Consider Approval of Resolution 04-47 Waiving Platting Requirements for the Subdivision of Property Located in
Section 24, Township 115, Range 22 (Chadwick).
(H) Consider Approval of Resolution 04-48 Approving a Recycling Grant Agreement with Scott County for the 2004 Spring
Clean-Up / Bridging Day (April 24, 2004).
BOYLES: Reviewed the Consent Agenda items.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS:
Public Hearing to Consider Approval of a Resolution Vacating a Portion of the Right-of. Way for Wilds Drive and the
Drainage and Utility Easements Located on Outlots I and J, The Wilds and on Lot 14, Block 2, and Outlot B, The
Wilds North.
Kansier: Reviewed the agenda item in connection with the staff report, explaining the relocation of the roadway and the
dedication of new easements with the construction of the new roadway. Advised that the Planning Commission and staff
recommended approval.
Zieska: Asked if the construction of the new road will ease traffic congestions on Wilds Parkway.
Kansier: It will redirect a portion of the current traffic.
Mayor Haugen declared the public hearing open at 7:25pm.
No persons were present to address the Council.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO CLOSE THE PUBLIC HEARING AT 7:25PM.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carded.
Zieska: Believed this was a carry over from previous action and makes sense as long as the City acquires new easements
prior to the construction of the new road.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-49 VACATING A PORTION OF THE
RIGHT-OF-WAY FOR WILDS DRIVE AND THE DRAINAGE AND UTILITY EASEMENTS LCOATED ON OUTLOTS I AND
J, THE WILDS, AND ON LOT 14, BLOCK 2 AND OUTLOT B, THE WILDS NORTH.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded.
City Council Meeting Minutes
March 15, 2004
PRESENTATIONS:
Prior Lake / Spring Lake Watershed Report "Overview of Prior Lake Volume Management" (Shannon Lotthammer)
Lotthammer: Discussed volume management of water runoff into the Watershed, as well as the recommendations of the
Watershed report.
Hau~en: Commented that without the outlet box, most of the Prior Lake homes around the lake would be impacted. Also
advised that the Council is very concerned with this issue, and had discussed the report in detail in a work session with the
Watershed two weeks earlier.
2004 Prior Lake Communication Efforts
Oster: Reviewed the many directions of the City's efforts to communicate information to the public, including the
Wavelength, web site, and cable television programming. Also reviewed the improvements that have been made to each,
the electronic mailings that are available, and how to sign up. Further discussed the goals for continuing to improve cable
television programming, and the development of an overall communications plan.
LeMair: Complimentary of the communication efforts to date. Believes it is important to continue to focus on using multiple
sources.
Zieska: Also complimentary of the communication efforts. Asked the difference between "hits" to the web site vs. "visits".
Oster: Explained the difference, but admitted that the number of visitors is a more accurate reflection.
Petersen: Very impressed with the efforts to date.
Blomber~: Pointed out that to have such a high number of hits in February indicates that people are using the site for
information not necessarily just events such as Lakefront Days.
Hau~en: Advised that the intention of adding Communications to the Vision Elements of the Strategic Plan is to put an
exclamation point behind how important it is to communicate what we do, when we do it, why we do it, and how that
decision impacts our residents. Also advised that although Nathan mentioned many of tools of our communication efforts,
pointed out that there has also been significant improvement to the quality of those communication efforts.
OLD BUSINESS
Consider Approval of an Ordinance Amending the Prior Lake Zoning Ordinance to Allow Non-Residential Free-
Standing Parking Lots as Accessory Uses in Residential Use Districts.
Kansier: Reviewed the agenda item in connection with the staff report.
Blomber.q: Agreed with the Planning Commission recommendation that this action could alleviate existing issues with on-
street parking in this area. Also agreed with using a conditional use permit to allow the Council additional review, with the
condition that no items be stored on the site, and that the parking lot be improved.
Petersen: Agreed.
City Counc# Meeting Minutes
March 15, 2004
Zieska: Asked if churches are impacted by the ordinance since they are often found in residential districts.
Kansier: Explained that churches would not be required to go through the conditional use process. There are specific
provisions in the ordinance relevant to churches.
LeMair: Believe this is a good problem-solving effort on behalf of the Council and staff. The conditional use process allows
additional review.
Hauqen: Commented that he did not believe this ordinance will eliminate the issues associated with parking at Captain
Jack's, or lake access. But, the ordinance will allow available sites to be acquired when the need arises.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE ORDINANCE 04-13 AMENDING ZONING CODE
SECTION 1102 AND 1107 TO ALLOW NON-RESIDENTIAL FREE-STANDING PARKING LOTS AS ACCESSORY USES
IN RESIDENTIAL USE DISTRICTS.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LelVlair, the motion carried.
Consider Approval of Resolutions Relating to the 2004 Public Improvement Project: (1) Approving Plans and
Specifications and Authorizing Advertisement for Bids for Street Reconstruction for 2004 Improvement Project
(City Project 04-11); and (2) Approving Plans and Specifications and Authorizing Advertisement for Bids for the
2004 Cured in Place Pipe (CIPP) Sanitary Sewer Rehabilitation Project (City Project 04-06).
Hau.qen: Removed himself from the Council table and the vote as his home is within the public improvement area. Deputy
Mayor Zieska assumed the Chair.
Poppler: Reviewed the agenda item in connection with the staff report.
Petersen: Asked if this is a time to address the burial of overhead power lines, as well as street lights.
Poppler: Explained that Xcel does not plan to trench overhead lines at this time. Residents in the area would need to
contract independently. The cost of the physical street lights 'would be bome by the property owners at an estimated $750
each with the City paying the on-going electricity costs. Advised that he has not received any interest from the residents in
the area as to street lights.
Blomber.cl: Asked about the opposition to the sidewalk in the area.
Poppler: Explained the location of the sidewalk where it runs parellel to the trail and advised that some of the neighborhood
feels it inappropriate to put sidewalks in an area where a parallel trail is provided.
Blomber.q: Believed that staff has adequately addressed many of the issues that came out of the public hearing comments.
LeMair: Asked if there were any safety issues associated with not including sidewalks threughout the area.
Poppler: Advised that the slope is at a somewhat lesser grade and the idea is to keep pedestrians off of Rutledge which is
the main access.
LeMair: Commented that it appears that the neighborhood does not support a sidewalk on the part of Rutledge from the
park entrance to Red Oaks. He does not feel it is necessary given that sidewalks are not included throughout the project.
City Council Meeting Minutes
March 15, 2004
Zieska: Agreed with the neighborhood as to the need for the sidewalk. Believed the trail access is adequate. Did support
the staff's recommendation to relocate the read 5 feet to the north. Asked staff to review the efforts during construction to
mitigate the impacts of water runoff.
Poppler: Confirmed that there would not be negative impact to the driveways. The specifications are wdtten in such a
manner that when one side of the utilities is under construction, the opposite side remains passable.
Zieska: Also suggested that the trail into the park be reconstructed at a diagonal because people are walking across the
grass. Also noted how communication efforts have been improved. Suggested that an e-mail construction bulletin go out
several times a week to update residents on the progress of the project.
Blombem: Agreed with the request for the diagonal trail. Would also support connecting the sidewalk to the trail rather than
constructing the sidewalk.
Osmundson: Explained that the road would not have to be moved 5 feet to the north if the sidewalk is not constructed, and
the sidewalk could still be constructed in the future directly adjacent to the curb.
Poppler: Advised that re-design would delay the construction of the project and provide no room for mailboxes if the
sidewalk was constructed adjacent to the curb.
Blomber.q: Commented that this is the largest project that 'the City has ever had, and did not want to see the project
delayed, especially when the intent is to lessen the impact upon the neighborhood to one construction season if possible.
Did not believe the benefits of moving the roadway back south outweigh the negatives.
LeMair: Asked if the re-design would definitely slow up the project, or if it could proceed while the re-design is completed.
Osmundson: Did not recommend proceeding that way because it opens the City up to changes orders from the contractor.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-50 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR STREET RECONSTRUCTION FOR 2004
IMPROVEMENT PROJECT, DIRECTING THAT THE PLANS BE CONSTRUCTED IN SUCH A FASHION THAT THE
SIDEWALK CONSTRUCTION FROM LAKEVIEW CIRCLE TO THE PARK ENTRANCE AT RED OAKS ROAD COULD BE
ELIMINATED IF DEEMED APPROPRIATE, AND CONSTRUC, TING THE ROAD AS DESIGNED (FIVE FOOT TO THE
NORTH).
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried. Mayor Haugen abstained.
Poppler: Explained the cured-in-place pipe project, noting that it seems the best course of action so as to repair the
sanitary sewer with as little disruption to the soils as possible.
Blomber.(3: Asked if there is a delay in service to the neighborhood.
Poppler: Explained that residents will be advised as sections are completed and will experience times without service.
There would not be any out of the ordinary impact. Advised that a small section of Dakota Street will also use this type of
technology.
Zieska: Believed using this type of project is beneficial from both a construction standpoint and a financial standpoint.
City Council Meeting Minutes
March 15, 2004
MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-51 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2004 CURED IN PLACE PIPE (CIPP)
SANITARY SEWER REHABILITATION PROJECT.
VOTE: Ayes by Blomberg, Peterse, Zieska and LeUair, the motion carried. Mayor Haugen abstained.
The Council took a brief recess.
Consider Approval of a Resolution to Approve Plans and Specifications and Authorize Staff to Advertise for Bids
for Trails, Parking Lots, Basketball Courts and Street Overlays as Identified in the 2004-2008 Capital Improvement
Program.
Osmundson: Reviewed the agenda item in connection with the staff report.
LeMair: Believed the parking at The Ponds and Thomas Ryan for overflow is a great idea.
Zieska: Asked how streets to overlay are chosen.
Osmundson: Advised that the Pavement Management software reviews data input and identifies and priodtizes streets for
reconstruction, overlay, and the viability of the projects. The streets have then been programmed over the next 10 years in
order to prolong the life of the roadway until such time as full reconstruction can be completed.
Blomber.q: Asked if the overlays will be completed with the Ring Road project.
Osmundson: Confirmed.
Blombem: Supported the projects.
Hau.qen: Also supported the projects.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-52 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR TRAILS, PARKING LOTS, BASKETBALL
COURTS AND STREET OVERLAYS AS IDENTIFIED IN THE 2004-2008 CAPITAL IMPROVEMENT PROGRAM.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded.
NEW BUSINESS
Consider Approval of an Ordinance Amending the Prior Lake City Code Relating to Dogs and Cats.
O'Rourke: Reviewed the agenda item in connection with the staff report. Believed the proposed ordinance streamlines
City's internal process and clarifies state statute and the procedures for dealing with dangerous dogs.
LeMair: Asked what happens if a dog approaches a dog on its own property. How' is it determined which is at fault?
O'Rourke: In that case, explained that the approaching dog would be considered the aggressor.
Blomber.q: Commented that once an animal is considered dangerous, the animal is removed from the city or euthanized.
Does the amendment change that?
City Council Meeting Minutes
March 15, 2004
O'Rourke: The ordinance amendment proposed allows a greater opportunity for owners to keep their pets, but under very
stdct restrictions. It is then monitored by the Police department and reviewed every six months.
Blomber.q: Supported the amendment.
Hau.clen: Supported the amendment as well because it allows the City to more effectively identify these types of issues.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 04-14 AMENDING CITY CODE SECTION 802
RELATING TO DOGS AND CATS.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Opposing Tax and Expenditure Limitation Proposals by the State of Minnesota
Legislature.
Boyles: Reviewed the agenda item in connection with the staff report.
Blomber,q: Asked if a method was identified for determining what each community might pay.
Boyles: Methodology in the past has been inadequate at best because they do not take into affect extenuating
circumstances such as the economy, the management style of the community, and so on. Constitutional amendments are
also nearly irreversible.
Blombem: Agreed and stated that was her point exactly.
Petersen: Commented that we would definitely be handicapped, and this action would take the local residents ability to
impact local govemment away.
Zieska: Provided several examples of how this type of action arbitrarily limits the ability of local government to manage its
own finances based on what the community wants and needs. A process of checks and balances currently exists. Local
control belongs with local officials.
LeMair: Believed the City of Prior Lake residents put their trust in a Council to manage their interests, and if our neighbors
trust us and can find us accountable, so should the State.
Hau.qen: Agreed with the comments of his counterparts.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-53 OPPOSING TAX AND EXPENDITURE
LIMITATION PROPOSALS BY THE STATE OF MINNESOTA LEGISLATURE.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried.
Consider Approval of a Resolution Authorizing the Transfer of $100,000 to the Downtown Facade Improvement
Program.
Boyles: Reviewed the agenda item in connection with the staff report.
City Council Meeting Minutes
March 15, 2004
LeMair: Believed the program has been beneficial to the redevelopment of Downtown. Supported the program and the
additional expenditure.
Zieska: Commented that the face of Downtown is changing and the retum on investment has been remarkable. Supported
the project.
Blombem: Asked for clarification allocating the funds from the. Downtown tax increment financing district.
Boyles: Clarified that since the funding for the program is from the Downtown tax increment financing district, it must be
used within that district. To extend the facade improvement program to businesses outside of the Downtown district would
require identifying funding from a different source. At this time, no additional sources have been identified.
Hau.qen: Believed the program has created tremendous energy in the Downtown area.
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.54 AUTHORIZING THE TRANSFER
OF $100,000 TO THE DOWNTOWN FA(~ADE IMPROVEMENT PROGRAM.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
[ADDED]- Consider Approval of a Resolution Approving the Refunding of Bond Issues.
Boyles: Advised that the City's fiscal consultant and Finance Director Teschner have monitored the interest rate on the
bond market, and have in the past identified that if the right moment in the market can be achieved, the City can save nearly
3% on the interest of three outstanding bond issues. The purpose of this item is for the Council to consider whether it is
appropriate to direct staff to pursue such action on 1997, 1998 and 1999 General Obligation bonds.
Zieska: Commented that in layman's terms, this is refinancing debt to a lower interest rate.
Boyles: Confirmed.
Zieska: Complimented staff on their initiative and efforts.
Petersen: Supported the motion because it is good business.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO DIRECT STAFF TO PROCEED WITH REFUNDING THE BOND
ISSUES.
VOTE: Ayes by Haugen, Blomberg, Haugen, Zieska and LeUair.
[ADDED]- Consider Directing Staff to Identify Potential Types of Common Use Facilities and Identifying a Process
and Timeline for Construction of Such a Facility in Conjunction with a City Hall / Policy Facility.
Hau~en: Reviewed that at an earlier work session, the EDA discussed with the Scott County HRA the possibility of
partnering for the construction of some type of City Hall / Police Station / Common Use facility. Believed it prudent on the
City's part to identify those avenues and set a timeline.
Blomber.q: Agreed that it is time to bring the project back to the table.
City Council Meeting Minutes
March 15, 2004
Boyles: Added that there is likely a 24 month pedod in constructing a public facility of this magnitude. As a first step, it
would be helpful to look at this generically and lay out a timeline of how this type of project would need to proceed to be
achieved by date "x".
Zieska: In the past, time was not necessarily of the essence. Now it is. With the growth in this community, the City staff
becomes hindered in its ability to provide services. The fact is that this community is growing quickly and its facilities need
to grow as well.
MOTION BY BLOMBERG, SECOND BY ZIESKA, TO DIRECT STAFF TO DEVELOP A TIMELINE FOR THE
CONSTRUCTION OF A NEW CITY HALL / POLICE FACILITY'.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and Lemair, the motion carded.
OTHER BUSINESS
Haugen: Advised that Perron's Sul Lago will open for business on March 24, 2004. Also took a moment to recognize a flag
that had been flown over the United States Capitol building in recognition of Councilmember Petersen's 77th birthday.
Executive Session
The Council retired to Executive Session to review the status of pending litigation associated with
Special Assessment appeals on the 2003 Improvement Project.
Upon retuming from Executive Session, Mayor Haugen advised that counsel
had been given direction and no formal action was required.
With no other comments from Councilmembers, a motion to adjoum was made and seconded. The meeting adjoumed at
10:20pm.
Frank Boyles, City Manager
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