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REGULAR CITY COUNCIL MEETING MINUTES
October 7, 2013
CALL TO ORDER
The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keen-
ey, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer /
Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Water Re-
sources Engineer Young, Economic and Development Director Rogness, Finance Director Er-
ickson, Assistant City Manager Kansier, Assistant City Manager Meyer and Administrative As-
sistant Green.
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 and each presenter will
have no more than ten (10) minutes to speak. Topics of discussion are restricted to City gov-
ernmental topics rather than private or political agendas. Topics may be addressed at the Pub-
lic Forum that are on the agenda except those topics that have been or are the subject of a
scheduled public hearing or public information hearing before the City Council, the Economic
Development Authority (EDA), Planning Commission, or any other City Advisory Committee.
The City Council may discuss but will not take formal action on Public Forum presentations.
Matters that are the subject of pending litigation are not appropriate for the Forum.
Comments:
Mike Von Arc: 14346 Rutgers St NE, stated there have been burglaries and vandalism in his
neighborhood, and stated that people in the neighborhood want affordable lighting installed.
Staff has advised him of City policy on street lighting. Stated he wants to have the City Council
amend the policy to allow residents to choose to have a less expensive light and choose the
style of light.
Hedberg: Stated his understanding that a petition has been circulated and requested Von Arc
to bring a copy of the petition to the City Manager.
Von Arc: Agreed to do so.
Keeney: Understands there is a procedure where residents can request improvements and if it
is unanimous, the improvements can be done.
Poppler: Commented on the street lighting policy and its reference to the percentage of resi-
dents that must be requesting an improvement.
Keeney: Asked if that would allow residents to request a style other than the standard.
Poppler: Replied that the existing street lighting policy does not allow for that.
Schwarzhoff: Noted that if residents petition, they can request improvement and the City can
assess the costs of such an improvement back to the residents. Stated that residents cannot
demand that a change be made to the policy as that is the Council's determination.
Keeney: Asked the process for ratifying what kind of street light is used.
Poppler: Responded that the City has three different standards of lights that are used depend-
ing on the location of installation. Cost depends on the style as well as which electrical compa-
ny will be doing the installation.
Morton: Asked if there were street lights before the reconstruction.
Von Arc: Replied there have never been lights on the street and he is not aware of the reason
for the current vandalism that is occurring.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
Soukup: Asked about lighting planned for the neighborhood with this reconstruction project.
Poppler: Replied that the traditional style lighting is being installed at intersections and loca-
tions considered strategic.
Soukup: Commented that the stretch of roadway involved seems lengthy and wondered how
many lights are there and where they are located.
Von Arc: Responded that there are several new lights, but the removal of overhead electrical
service lines has provided good opportunity to install more lights.
Hedberg: Commented that he would like the policy reviewed and a report brought to Council
regarding possible modifications and steps that can be taken with regards to the Rutgers neigh-
borhood.
MOTION BY KEENEY, SECOND BY SOUKUP TO DIRECT STAFF TO REVIEW THE LIGHT-
ING POLICY TO EXPLORE LESS EXPENSIVE LIGHTING OPTIONS.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
APPROVALOFAGENDA
MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE AGENDA AS PRESENT-
ED.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE SEP-
TEMBER 23, 2013 CITY COUNCIL MEETING AS PRESENTED.
VOTE: Ayes by Keeney, McGuire and Soukup. Hedberg and Morton abstained due to their
absence at the meeting. The motion carried.
CONSENT AGENDA
City Manager Boyles reviewed the items on the consent agenda.
A. Consider Approval of Claims Listing
B. Consider Approval of Resolution 13-140 Authorizing the Mayor and City Manager to Exe-
cute an Intergovernmental Donation Agreement between the Shakopee Mdewakanton
Sioux Community and the City
C. Consider Approval of Resolution 13-141 Authorizing Expenditures for the Development of
Enclave at Cleary Park; and Accepting the Bid and Authorizing the Execution of the City's
Standard Construction Contract for the Purchase and Installation of Playground Equip-
ment at Enclave at Cleary Lake.
D. Consider Approval of Resolution 13-142 Authorizing the Mayor and City Manager to Exe-
cute a Standardized Lease Agreement with the Holy Trinity United Methodist Church for
City Employee Parking
E. Consider Approval of Resolution 13-143 Authorizing an Amendment to the Joint Powers
Agreement for Assessment of the City of Prior Lake
F. Consider Approval of Resolution 13-144 Authorizing an Expenditure of $25,916 for the
Operation and Maintenance of the Prior Lake Outlet Channel
Keeney: Requested that item 56 be removed from the Consent Agenda for comment.
MOTION BY MCGUIRE, SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS
MODIFIED.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
DRAFT 10 07 13 City Council Meeting Minutes 2
Keeney: Thanked the Shakopee Mdewakanton Sioux Community for its donation to complete
this trail segment.
MOTION BY KEENEY, SECOND BY MORTON TO APPROVE CONSIDER APPROVAL OF
RESOLUTION 13-140 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL DONATION AGREEMENT BETWEEN THE SHAKOPEE
MDEWAKANTON SIOUX COMMUNITY AND THE CITY.
Hedberg: Also thanked the SMSC adding that they are open to practical and reasonable solu-
tions.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
PRESENTATIONS
No presentation was scheduled.
PUBLIC HEARINGS
No public hearing was scheduled.
OLD BUSINESS
Consider Approval of a Resolution Accepting a Grant through the Scott Watershed Man-
agement Organization and Authorizing Completion of a Stormwater Reuse System at the
Ponds Park Athletic Complex
Water Resources Engineer Young reviewed use of the Ponds Park Athletic Complex. Cited
statistics of water use on the fields. Commented on the Scott WMO grant that allowed a
stormwater reuse system to be built. The pump required to move the water from the cistern to
the fields is undersized and must be replaced along with related electrical systems. Explained
costs involved as well as anticipated benefits.
MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-145 AC-
CEPTING A GRANT THROUGH THE SCOTT WATERSHED MANAGEMENT ORGANIZATION
AND AUTHORIZING COMPLETION OF A STORMWATER REUSE SYSTEM AT THE PONDS
PARK ATHLETIC COMPLEX.
Keeney: Queried about testing of the process to assure there will be no problems with turf.
Asked if this process will be expanded to all fields and, if so, whether they would also be tested.
Young: Replied that the current grant request includes $10,000 for testing. Compliance with
MPCA standards will require ongoing testing to assure health and safety.
Keeney: Asked if other entities, such as golf courses, do this kind of testing.
Young: Commented on other areas that use this kind of system and tests they conduct. The
grant requires testing of the cistern and the water. Soil testing will have more to do with how
much fertilizer is needed, etc.
Soukup: Asked if there are results from the past two years.
Young: Replied the system has no pump in now so the tests conducted have been to learn the
re-charge rate. Water quality and safety concerns have not been tested yet.
Soukup: Asked if the pond behind the Lakefront Park gazebo might be considered for a future
project.
Young: Replied that if the current project proves successful, the process may transfer to other
parks. Cost benefit needs to be ascertained.
Morton: Asked what is driving the additional cost.
Young: Replied that much of the cost is due to a larger pump and the associated upsizing of
the electrical system.
DRAFT 10 07 13 City Council Meeting Minutes 3
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution Authorizing Execution of the City's Standardized Pro-
fessional Services Contract for General Engineering Services for 2014 CIP Projects
City Engineer / Inspections Director Poppler reviewed the map portraying the 10-year trans-
portation plan. Identified the roadways plans for 2014 including developer, consultant, City and
County designed projects. Three quotes were received from vendors in the City's approved
consultant pool. Consideration was given to employing additional staff vs. outsourcing to a con-
sultant although it is believed that the length of the hiring process would delay the ability of the
staff person's ability to complete designing 2014 projects.
MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-146 AU-
THORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED
PROFESSIONAL SERVICES CONTRACT FOR GENERAL ENGINEERING SERVICES FOR
THE 2014 PROJECTS.
Morton: Asked if bids are for both projects as a package, or whether they can be separated to
accept the lowest cost of each.
Poppler: Replied that the Request for Proposal was designed to be both projects and that is
how vendors calculated their price.
Morton: Asked if the Carriage Hills project area is off the 2014 projects.
Poppler: Displayed the two project areas that are planned and stated that quotes were not so-
licited for the Carriage Hills area.
McGuire: Asked staff's interpretation of the difference in bids.
Poppler: Replied that Bolton and Menk may have looked at CIP monies and arranged their
costs based on thinking that it was a reconstruction project rather than a rehabilitation project.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
Consider Approval of a Resolution Approving a Roadway Alignment for South Downtown
City Engineer / Inspections Director Poppler introduced Bryan Nemeth of Bolton and
Menk. Poppler provided a review of work that has been done along the CR 21 corridor and al-
ternatives that have been considered for the south downtown area. Stated that access to TH 13
has continued to be�a question so an access management study was conducted. Nemeth dis-
cussed the three options for south downtown still under consideration. Poppler discussed a 3 /
access at Pleasant Street noting that MNDOT has commented on that intersection.
Keeney: Stated this provides new options that have not received public input. Would like input
from the public and businesses.
Hedberg: Suggested that the EDA conduct a public hearing at its next meeting.
Soukup: Agreed community input should be received. Questioned why the Pleasant Street
intersection would be moved.
Nemeth: Replied that MNDOT indicated the left turn access had to be moved farther south to
provide room for constructing turn lanes on TH 13.
Soukup: Asked if a full access could be provided at Franklin if Pleasant did not have 3 / inter-
section.
Nemeth: No. Stated that many of the current accesses were placed before MNDOT's criteria of
half-mile spacing.
Soukup: Questioned if there would be a burden on the schools and church if Duluth is not a full
intersection.
Nemeth: Described the traffic flow for that area using the 6(modified) concept.
DRAFT 10 07 13 City Council Meeting Minutes 4
Soukup: Commented that there would no space to stack traffic between Colorado and CR 21
on Arcadia traveling north.
Nemeth: Replied that traffic volumes for the area were considered with the downtown study.
Stated that Arcadia would be the through movement and the intersecting roadways would have
the stop signs. Described options for medians, etc. that were considered for the Arcadia / Colo-
rado intersection.
Soukup: Continues to have concerns and would like to hear input from business owners and
residents in the area.
Keeney: Regarding the 6(modified) concept, believes congestion on Duluth would just move to
Franklin Trail and Park Nicollet and may not alleviate problems on Duluth. Not sure it helps the
overall traffic flow. Clarified that the retaining wall to build the proposed Pleasant intersection is
estimated at $2 million.
Poppler: Affirmed.
Keeney: Commented on acquisition costs for homes as well as wetland costs. Suggested a
frontage road to parallel TH 13; and not having a Pleasant access if there will be an Arcadia ac-
cess. Stated that the Council does not seem to have consensus on any of the plans and the
costs must be considered. Reiterated comments from business owners that when Main Street
closes, the south side will be cut off from traffic. Stated that any Arcadia throughway should be
built by developers.
Morton: Stated she struggles with disrupting the Pleasant Avenue neighborhood. Questioned
revising the Duluth intersection and realigning the Franklin intersection for one commercial
property. Asked if there are other options to use the existing infrastructure and expand on it.
McGuire: Stated the need to make a decision. Noted that Arcadia through to Pleasant is not a
new concept. Believes it should be sent to the EDA to gather public input and then a decision
needs to be made. Agreed that developer driven improvements from Pleasant to the south
makes sense. Should look at acquiring properties as they come up for sale.
Keeney: Disagrees with the City acquiring properties as they come up for sale. Believes that
would commit the City to funding acquisition costs.
Hedberg: Reiterated that the agenda item has to do with the road network and stated his un-
derstanding that the State objects to a 3 /4 intersection at Pleasant because of spacing on TH 13.
Asked if that was dependent upon which option is chosen.
Poppler: Clarified that the State objects to a 3 /4 intersection on Pleasant if there is left-turn
movement at Arcadia.
Hedberg: Commented that if the State objects to a 3 / intersection at Pleasant then a basic traf-
fic circulation for south downtown is still needed. Stated that both residential and business will
be heavily impacted and good access for church, school, residents and businesses must be
provided. Stated the City has known for eight years that this is a significant traffic problem in-
dependent of any economic development. One more round of public input is needed and then a
decision should be made.
Keeney: Believes his frontage road concept would not have a Pleasant Street access to TH 13
and there will be heavy traffic on Colorado in any scenario.
Poppler: Commented that one reason the frontage road was not reviewed with the study is that
it is somewhat circuitous and one of the study goals was to find a roadway network for south
downtown and provide traffic movement from northbound TH 13 to westbound CR 21.
Keeney: Commented that some of the problems will be alleviated with improvements on TH 13
/ CR 21.
Hedberg: Spoke of a SCALE transportation meeting where Scott County Public Works Director
Vermillion displayed key project scoring for the County and how the projects would rate for a
funding commitment. The CR 21 / TH 13 intersection is on the list, but does not rate well for
making a significant difference. Believes the City may be considering an $8 -$9 million project
with no County interest in funding the project. Expressed concern about getting the project
done.
DRAFT 10 07 13 City Council Meeting Minutes 5
Poppler: Added that supporting roadway networks also need to be considered so that, for ex-
ample, if there is an accident, alternate routes can to be used.
Keeney: Stated he is hesitant to ask the Economic Development Authority for recommenda-
tions on roadway issues and would prefer their recommendation for economic development and
downtown. Since many of the problems are about traffic, it may be more productive to have the
Council accept the input rather than the EDA.
McGuire: Stated he would like a recommendation from the EDA from the perspective of eco-
nomic development as that is part of the solution.
MOTION BY KEENEY, SECOND BY MCGUIRE TO DIRECT THE ECONOMIC DEVELOP-
MENT AREA TO PROVIDE A RECOMMENDATION ON DOWNTOWN ROAD ALIGNMENTS;
AND TO DIRECT STAFF TO ADD A PUBLIC INFORMATION ITEM TO THE NEXT CITY
COUNCIL MEETING; AND TO TABLE THE ROADWAY ALIGMENT DECISION UNTIL AFTER
THE PUBLIC INFORMATION MEETING.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
Consider Approval of a Report and Provide Direction on the Lakefront Park Storage
Building
Public Works / Natural Resources Director Gehler stated that discussions have been held
with organizations that may have potential storage needs, and five have expressed interest in
participating in a storage building project. In exchange, the organizations wish to enter into a
use agreement that would guarantee their use of space in the building for ten years. Explained
that a dormer and modified front door will be part of the plans.
MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-147 AP-
PROVING THE LAKEFRONT PARK STORAGE BUILDING DESIGN.
Soukup: Clarified that this would be a City-owned building and questioned whether the organi-
zations would participate in maintenance and utilities cost.
Gehler: Replied that the City will do that.
Soukup: Asked if plowing out this facility would have high priority.
Gehler: It will remain the same as it has been in the past.
Keeney: Asked if the community garden will need space.
Gehler: The building from the skate park has been updated and is being used now. Water will
be brought to the site for the gardeners.
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
Consider Approval of a Resolution Appointing a Person to Fill the Vacancy on the Prior
Lake Economic Development Authority
City Manager Boyles reviewed the process for soliciting, interviewing and appointing a person
to the Economic Development Authority. Stated that interviews have been conducted.
MOTION BY HEDBERG, SECOND BY MORTON TO APPROVE RESOLUTION 13-148 AP-
POINTING RICHARD BUMP TO SERVE ON THE CITY OF PRIOR LAKE ECONOMI DEVEL-
OPMENT AUTHORITY (EDA).
Keeney: Commented that Mr. Bump is well qualified and has demonstrated his desire to serve.
Will support his appointment.
Hedberg: Added that Mr. Bump presents great experience and a different perspective from that
the EDA has held for the past few years.
DRAFT 10 07 13 City Council Meeting Minutes 6
VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried.
OTHER BUSINESS
Boyles: Commented that City Council work sessions will begin at 5:00 p.m. as of November
25, 2013.
Keeney: The Fire Department open house will be October 10 from 5:00 — 7:30 p.m. at Fire Sta-
tion No. 2; and the Autumn Gathering will be on October 12 from 1:00 — 3:00 p.m. at Lakefront
Park.
ADJOURNMENT
With no further business brought before the Council, a motion to adjourn was made by Keeney
and seconded by Morton. The motion carried and the meeting adjourned at 8:56 p.m.
Frank Boyles, City Manager Charlotte Green, Administrative Assistant
DRAFT 10 07 13 City Council Meeting Minutes 7