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HomeMy WebLinkAboutAgenda & Prev Mtg Minutes 1. 2. 3. 4. 6. 7. 8. 050304 16200 Eagle &e~@~Je~u~ fPUNCIL MEETING AGENDA Prior Lake, MN 55372-1714 MAY 3,2004 7:00 P.M. Fire Station No. 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 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 minutesin 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/he Public Forum. APPROVAL OF AGENDA: CONSIDER APPROVAL OF MEETING MINUTES: . April 19, 2004 Regular Meeting . April 20. 2004 Emergency Meeting 5. CONSENT AGENDA: Those items onthe 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 a Resolution Approving a Final Plat and Authorizing Execution of the City's Standard Development Contract for a Subdivision to be Known as Deerfield 12th Addition. ITEMS REMOVED. FROM CONSENT AGENDA: PUBLICIEARINGS: A) Local Board of Appeal and Equalization Meeting. PRESENTATIONS: A) Introduction of City Engineer Steve Albrecht www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 9. IIIBIIIIIII~: A) Consider Approval of a Resolution Accepting Bids and Awarding Contract for 2004 Reconstruction Project. B) Consider Approval of a Resolution Accepting Bids and Awarding Standard Construction Contract for the Cured-in-Place Pipe (CIPP) Project. C) Consider Approval of Resolutions Authorizing Issuance of (1) $400,000 General Obligation Tax Increment Financing Bonds of 2004; and (2) $2.7 Million General Obligation Improvement Bonds of 2004. 10. A) 111I11111111: Consider Approval of a Resolution Amending the Wilds Planned Unit Development Plan and Approval of a Resolution Approving a Preliminary Plat to be known as Wilds Ridge, B) Consider Approval of a Zoning Ordinance Amendment to Reduce the Required Setback from Principal Arterial Roads for Daycare Play Areas in the C-4 Use District. C) Consider Approval of a Zoning Ordinance Amendment Designating Boat Lifts and Rail Systems as Recreational Equipment. D) Consider Approval of a Resolution Amending the Comprehensive Plan for 13,86 Acres of Property Located in the Proposed Deerfield Industrial Park from C-BO to I-P. E) Consider Approval of a Resolution Approving the Agreement with Scott County for Transit Services for Circulator Route Service. F) Consider Approval of Resolution Authorizing the Decertification of TIF District 2-1 (Key/and Homes). 11. OTHER BUSINESSlCOINClbMEMBER REPORTS: 12. ADJOURNMENT 050304 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 EMERGENCY COUNCIL MEETING MINUTES April 20, 2004 CALL TO ORDER: The meeting was called to order by Mayor Haugen at 4:24pm. Present were Mayor Haugen, Councilmembers Petersen, and Zieska, City Manager Boyles. Hauaen: Announced that the Emergency Meeting had been scheduled to consider a temporary on-sale intoxicating liquor license for St. Michael's Church for AprilFest on April 24th and 25th 2004. Bovles: Explained the circumstances that the committee had turned in their application late, but that the City was making an extra effort to complete the background and accommodate the request. The State is also required to act on the application prior to the event in order for the license to be valid. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APROVE A TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE FOR ST, MICHAEL'S FOR APRILFESTON APRIL 24 and 25, 2004. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. A motion to adjourn was made and seconded. The meeting adjourned at 4:30pm. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES April 19,2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, Public Works Director Osmundson, Parks Supervisor Friedges, Communications Coordinator Oster, Assistant City Manager Walsh, 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. Multi-Purpose Youth Training Facility Concept (Alex Sunbury Fred Sweeney, Rose Cowen) Alex Bunberrv (Wild homeowner, Project Sponsol): Discussed his commitment to the community, his faith, and children, Former professional soccer player in Europe who has been working to develop an indoor youth soccer and multi-use facility . LeMair: Asked about the program. Bunberrv: Explained that the program teaches kids soccer, but also about morals, value, and self confidence. The program currently operates out of leased space in Bumsville, which is the impetus for moving forward with an indoor facility locally. Advised that the project needs approximately 10 acres in total. LeMair: Supported the concept. Zieska: Also supported having this type of project, subject to determining what the City's participation would be. Petersen: Agreed Blombera: Was unclear as to the level of commitment sought, but fully supported the concept. Bunberrv: Commented that the idea is to partner with current local groups and athletics, but with the primary focus being soccer. At this point, the City Council support has no formal action, Would like to continue working with the staff for guidance and will come back to the City Council as needed. Hauaen: Commented that this project is a great opportunity to keep kids here locally and help all levels of athletics in the area. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT April 19, 2004 Downtown Area Comprehensive Plan Update Keenev: Discussed the misunderstandings of his neighbors, and his concerns with the follow-up zoning that will take place if this entire area is amended to commercial as part of the Comp Plan Update. Encouraged people to attend this meeting and noted the importance of participating. HauGen: Advised that he had spoken with the Keeneys at length bye-mail, Clarified that the idea of this process is to gain public input to guide the update of the Camp Plan. Discussed the need to update the Camp Plan and then adjust the zoning so that the City Council does not get caught with having to put a development on a property that might not be the best use of that property. The idea is to get input from the people in this area, not necessarily rezone the entire area to commercial. Clarified that there is no intent on behalf of the Council to make the entire area commercial. Perry White (16011 Cambridge Circle): Commented that it is difficult to make decisions or substantive comments without more substantial proposals to look at the time the meeting notice is sent. APPROVAL OF AGENDA: Zieska: Requested adding a discussion of the 2004 Lift Station Rehabilitation Project as Item 9B, Hauaen: Requested adding an item to amend the Diggers Polaris CUP under Item 9C, and a discussion of the Surface Water Management as Item 90. Bovles: Requested adding an item to the consent agenda to Consider a Resolution Requesting Advance MSA Funds for 2004, 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 ZIESKA, SECOND BY PETERSEN, TO APPROVE THE APRIL 5, 2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 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 March 2004 and 1st Quarter 2004, (D) Consider Approval of a Animal Warden Monthly Report, (E) Monthly Fire Call Report. (F) Consider Approval of 1 st Quarter Investment Report. (G) Consider Approval of 1 st Quarter Budget Report. (H) Consider Approval of Resolution 04-66 Approving the Final PUD Plan and PUD Development Contract and Approval of Resolution 04-67 Approving the Final Plat and Development Contract for Wensmann 4th Addition. (I) Consider Approval of a Temporary On-Sale Liquor License for St. Michael's Church for Aprilfest. 2 City Council Meeting Minutes DRAFT April 19, 2004 (J) Consider Approval of Resolutions 04-68 and 04-69 Authorizing Negotiated Sale of (1) $400,000 Tax Increment Bonds of 2004, and (2) $2,85 Million General Obligation Improvement Bonds of 2004. (K) Consider Approval of Resolution 04-70 Approving the Common Interest Community Number 1079 (Deerfield Condominium) Twentieth Supplemental CIC Plat. (L) Consider Approval to Proceed with the Burial of Utilities in the Downtown Area and Direct the Preparation of a Contract. (M) [ADDED] - Consider Approval of Resolution 04-76 Requesting Advance Funding of Municipal State Aid Funding. BOYLES: Reviewed the Consent Agenda items. ZIESKA: Requested Removing Item 5B - Consider Approval of Treasurer's Report. MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA AS SUBMITTED, WITH THE REMOVAL OF ITEM 5B. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of Treasurer's Report ZIESKA: Commented that given that the property tax season is upon us, believed it important to note that as of the 1 st of April there is a balance of 3 million in the General Fund, which is about 35% of our $8 million budget. The State Auditors recommend obtaining a 50% fund balance. For those who have been critical of the fund balances maintained by the City, pointed out that the fund is being managed very frugally while keeping the City's best interest in mind, MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING THE TREASURER'S REPORT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: NONE. PRESENTATIONS: Proclamation of Loyalty Day (May 1, 2004) Sponsored by Veteran's of Foreign Wars. HAUGEN: Presented a proclamation plaque to VFW President Jim Speiker calling all Prior Lake residents to show their loyalty for our country, armed forces, and community on Loyalty Day, May 1, 2004. Proclamation of National Day of Prayer (May 6, 2004) HAUGEN: Read a proclamation naming May 6, 2004 as National Day of Prayer in Prior Lake. Scott County Annual Report (Dave Unmacht and Barb Marschall) BARB MARSCHALL (County Commissione/}: Commented on the level of commitment by the City Council on many different levels and the partnerships that are fostered across the board to provide services to Prior Lake residents. 3 City Council Meeting Minutes DRAFT April 19, 2004 UNMACHT: Discussed the County's efforts to provide improved services, including one-stop shopping, more electronic services and partnership efforts. HAUGEN: Commented on the many partnership and cooperations that take place between the County and the City. Presented Commissioner Marschall with a Communities in Partnership Award in appreciation. OLD BUSINESS Consider Approval of a Resolution Accepting Bids, Awarding Contract and Authorizing Execution of the City's Standard Construct/on Agreement to Complete Park Trail, Basketball Courts, Parking Lot and Street Overlays as Identified in the 2004-2008 Capital Improvement Program. OSMUNDSON: Reviewed the agenda item in connection with the staff report. Corrected the resolution advising that under Item 4, the funding will not exceed $58,189, and then under 5, the figure should be $74.421, LEMAlR: Asked the location of the parking lot to be installed at The Ponds. OSMUNDSON: Clarified that the lot will be across the street from the current parking lot. Also noted that it will also be accessible to Thomas Ryan Park. BLOMBERG: Asked why the basketball court will be installed into Wilds North Park before the residential homes, OSMUNDSON: Advised that the rationale is to have the parks in place before the units are developed, so that the property purchasers know exactly what they are getting and it eliminates potential conflict in developing the park after the fact. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-71 ACCEPTING BIDS, AWARDING CONTRACT AND AUTHORIZING EXECUTION OF THE CITY'S STANDARD CONSTRUCTION AGREEMENT TO COMPLETE PARK TRAIL, BASKETBALL COURTS, PARKING LOT AND STREET OVERLAYS AS IDENTIFIED IN THE 2004-2008 CAPITAL IMPROVEMENT PROGRAM AS AMENDED.. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 2004 Lift Station Rehabilitation Project ZIESKA: Commented that maintenance of infrastructure is one of the most important services that the City provides. Asked the status of the project. OSMUNDSON: Advised that equipment has been ordered and we are awaiting arrival. A very good contractor is on board. Currently negotiations are underway for easement acquisitions for relocation of the Sycamore lift station. If negotiations are not reached, the lift station can be re-built within the existing location. The idea in re-Iocating the lift station was to accommodate the property owner, ZIESKA: Believed the lift station is very important to the neighborhood it serves. Suggested that a timeline and process be set so that the project moves forward expeditiously. 4 City Council Meeting Minutes DRAFT April 19, 2004 Amendment to Digger's Pol.ris Condition.1 Use Permit HAUGEN: Advised that the test track at Digger's is technically not in compliance with the conditional use permit. Believed that the business operation is in line with the Council's intent on the matter. Suggested that the staff be directed to proceed with a process to amend the conditional use permit. MOTION BY PETERSEN, SECOND BY LEMAIR, TO DIRECT STAFF TO PROCEED WITH THE PUBLIC PROCESS TO AMEND THE CONDITIONAL USE PERMIT WITH RESPECT TO THE CURRENT USE OF TEST TRACKS AND OUTDOOR DISPLAY OF MERCHANDISE. VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried. 2004 Water Production and Supply HAUGEN: Requested that the staff prepare a report with respect to water production, sprinkling restrictions and water management for the summer. NEW BUSINESS Consider Approval of a Resolution Approving the Prelimin.ry PI.t to be Known .s Deerfield Industrial Park. KANSIER: Reviewed the agenda item in connection with the staff report. BLOMBERG: Asked who owes the land where the extension of Adelmann would be located, KANSIER: The City owns the property just south of the City Maintenance Facility. BLOMBERG: Asked about the use of the wetland as park area and what the staff recommendation is, KANSIER: The staff is willing to further brainstorm how the site might be used. The issue is access to the site. The idea of a park in that location would be a nice attribute. OSMUNDSON: The point is that in order to reach the island it would involve significant costs in easement acquisition, trail, and some sort of bridge. BLOMBERG: Asked why the street is proposed to the Prior Lake Blacktop parcel. KANSIER: Explained that the idea is to access the area for future development. PETERSEN: Commented that he is not in favor of accepting a property for park land that is an unusable swamp. ZIESKA: Asked how the traffic counts were provided. KANSIER: Explained that our consultant provided the numbers as part of the Environmental Assessment Worksheet. ZIESKA: Because those traffic figures were used as a basis for the negative declaration to the EAW, believed that they needed to be considered and that the $125,000 contribution is a non-negotiable item. Also believed that the City should 5 City Council Meeting Minutes DRAFT April 19, 2004 provide the extension of Adelmann at 100%, especially given that the developer is required to provide the full extension to Prior Lake Blacktop property, LEMAlR: Asked if the Deerfield area has a park. KANSIER: Confirmed and explained the location of parks and trails in the area. LEMAIR: Believed a park would be a nice addition. Will defer to staff for a recommendation after further research, Asked about the access and potential stop lights in the area off of CSAH 21. OSMUNDSON: Explained that Fish Point will likely get a stop light in the future, potentially Adelmann as well. Did not believe the tum lanes would be installed in the immediate future. LEMArR: Asked if the Prior Lake Blacktop property, as it is referred to, will benefit from the turn lanes, and will also participate in the installation of the turn lanes. OSMUNDSON: No and noted that this is a County recommendation in response to the issues identified in the EAW for this specific new development. BOYLES: Explained that since these types of items were required as part of the negative declaration on the EAW, to not require them at this point, makes the validity of the EAW questionable. LEMAlR: Believed it difficult to require a contribution from this developer in this particular case, when other properties are benefiting, ZIESKA: Commented that this process was different because not including these types of mitigations would impact the EAW process. PACE: Commented that a negative declaration was made for an EIS because the Council felt that mitigation could be met for off-site traffic and storm water impacts. If you do not provide adequate mitigation, an EIS will be required at a potentially substantially higher cost. There is also the cost of inflation and the developer providing $125,000 now is actually probably less than 50% of the ultimate project costs at the time the turn lanes will actually be installed. LEMAlR: Asked what triggers an EA W. KANSIER: The potential square footage that can be developed and the type of development. This was a mandated EAW, rather than an EAW requested by a local unit of government as a watchdog measure, LEMAIR: Believed that the developer should pay something, but that other persons who are benefiting should share the burden. BOYLES: Suggested setting aside the item to direct the City Attorney to research other potential options. ZIESKA: Commented that the left turn lanes aren't going to be put in if the property is not developed. BLOMBERG: Did not want to hold up the project and believed that we do know that the destination is this new business park. Did not feel that the $125,000 escrow is an unreasonable requirement, especially given that the $125,000 appears to mitigate the issues of the EAW. 6 City Council Meeting Minutes DRAFT April 19, 2004 LEMAlR: Agreed that project needs to move forward. HAUGEN: Agreed with Councilmember Blomberg, The Council, through its absorption of 100% of the costs of the extension of Adelmann, has attempted to provide some relief to encourage the project. Did not believe the Council can change its decision or the basis it used to make that decision making a negative declaration for an EIS. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-72 APPROVING THE PRELIMINARY PLAT AND DEVELOPMENT CONTRACT AS AMENDED TO INCLUDE THE CITY TO ASSUME THE 100% OF THE COST OF THE EXTENSION OF ADELMANN, AND TO LIMIT THE ESCROW TO THE DEVELOPER FOR THE TURN LANES TO $125,000. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Regarding the Prior Lake Spring Lake Watershed District Proposed Outlet Channel Improvements that (1) Recognizes the PLSL Watershed District as the Responsible Governmental Authority (RGU) for the Environmental Assessment Worksheet and (2) Approves Payment of $5560 for the EAW as Part of the Outlet Channel Improvement Project. OSMUNDSON: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-73 RECOGNIZING THE PRIOR LAKE SPRING LAKE WATERSHED DISTRICT AS THE RESPONSIBLE GOVERNMENTAL AUTHORITY FOR THE ENVIRONMENTAL ASSESSMENT WORKSHEET, AND APPROVING PAYMENT OF $5560 FOR THE EAW AS PART OF THE OUTLET CHANNEL IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving a Grant of Fa~ade Improvement Funds for John R. Casey d/b/a Viking Liquor. RYE: Reviewed the agenda item in connection with the staff report. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-74 APPROVING A GRANT TO JOHN R. CASEY D/B/A VIKING LIQUOR FOR FACADE IMPROVEMENTS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried, Consider Approval of a Resolution Approving a Joint Powers Study Administration Agreement for a Unified Transit Management Plan. WALSH: Reviewed the agenda item in connection with the staff report. PACE: Suggested amending the text of the agreement to include the SMSC, but that should not preclude the Council from acting on the item. BLOMBERG: Asked what a resident can expect from this type of study. 7 City Council Meeting Minutes DRAFT April 19,2004 WALSH: Explained that currently many different authorities guide transit in Scott County, This is a partnering effort on all of our behalfs to identify the need and issues associated with a more comprehensive transit study, including location of transit hubs; park & ride locations, types of services wanted and needed, and so on. LEMAlR: Commented that this is an excellent opportunity to partner with neighboring governments, but the real people that are impacted by these types of services are the elderly and young students who may need assistance in getting around, MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-75 APPROVING A JOINT POWERS STUDY ADMINISTRATION AGREEMENT FOR A UNIFIED TRANSIT MANAGEMENT PLAN, VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried, Consider Approval of the Appointment of Two Council members to Serve on the Park Naming Committee. BOYLES: Reviewed the agenda item in connection with the staff report, and recommended Councilmembers Blomberg and Zieska. MOTION BY LEMAIR, SECOND BY PETERSEN, APPOINTING COUNCILMEMBERS ZIESKA AND BLOMBERG TO THE PARK NAMING 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 9:40pm. Frank Boyles, City Manager 8