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16200 Eagle &e~~Mv~~u~ ~2UNCIL MEETING AGENDA
Prior Lake, MN 55372-1714
DECEMBER 6, 2004
7:00pm
Fire Station No.1
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A) Consider Approval of Invoices to be Paid.
B) Consider Approval of a Resolution Authorizing Dispersal of an SMSC Contribution to the Cities of
Savage and Shakopee for the Tri-City Response Team Equipment Purchases.
C) Consider Approval of a Resolution Electing the Non Waiver of Statutory Municipal Tort Liability Limits
and Declining Excess Liability Insurance Coverage.
D) Consider Approval of a Resolution Approving Acquisition of an Easement from Bealmake Partners,
LLC for City Utilities and Authorizing the Mayor and City Manager to Execute the Documents.
E) Consider Approval of (1) a Temporary 3.2 Liquor License for the Church of St. Michael, and (2) a
Temporary Consumption and Display Permit, for the Church of St. Michael.
F) Consider Approval of a Right of Entry / Waiver of Trespass and Authorizing the Mayor and City
Manager to Execute the Document.
G) Consider Approval of Resolution Initiating the Vacation of an Easement on the Mader's Property in
Connection with the 2003-2004 Lift Station Improvement Project.
H) Consider Approval of a Resolution Authorizing the Purchase of Anti-Icing Production and Application
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Equipment through the Minnesota State Cooperative Purchasing Program.
I) Consider Approval of a Resolution Authorizing the Purchase and Installation of Chain Link Fence by
the Fence Company, Inc. at the Future Site of the Water Treatment Plant in the Brooksville Hills
Addition.
J) Consider Approval of Building Permit Monthly Report.
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A) Consider Approval of a Resolution Authorizing (1) a Proposed Modification to the Development
Program and Plan for Development District No.3, (2) the Modification of Tax Increment Financing
District 3-1 (Ct!eekside Commons Seniot! Rental Pmject), and (3) Directing the City Staff and
Attorney to Prepare a TIF Development Agreement on Behalf of the City.
B) Truth-in-Taxation Hearing for Proposed 2005 City Budgets.
C) Consider Approval of a Resolution Denying an Appeal to a Variance for Front Yard Setback for 4851
Rutledge Street.
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A) Prior Lake Post Office Grand Opening - December 8, 2004 (10am).
B) Progress in Prior Lake (John Sullivan)
C) Perron's Sui Lago Associated E Press Excalibur Award
0) Consider Approval of Police Station / City Hall Construction Project Site Selection Process
9.
A) Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Stemmer Ridge.
B) Consider Approval of a Resolution Approving a Letter of Understanding for the CSAH 12
Improvements between the City of Prior Lake, Scott County, and Arcon Development (City Project
03-34) .
C) Consider Approval of a Resolution Approving a Premise Permit for Lawful Gambling for Baseball
Association #191.
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A) Consider Approval of a Resolution Approving a Request for Proposal Authorizing Solicitation of
Proposals for Banking Services.
B) Consider Approval of a Resolution Approving a Comprehensive Plan Amend for Jeffers Pond from
R-HD to C-CC (24 acres).
I) Consider Approval of a Resolution Approving a Pension Increase for the Prior Lake Firefighters
Relief and Pension Association.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
November 15, 2004
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Blomberg, Petersen, and LeMair, City Manager Boyles, City Attorney Pace,
Public Works Director Osmundson, Planning Director Kansier, Park Supervisor AI Friedges, Communications Coordinator
Oster, and Assistant to the City Manager Meyer. Council member Zieska was absent.
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 considerred 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: Noted that Item 5H (Wilds 4th), Presentation Item 8B (Progress in Prior Lake Community Developmen~, and Item
10C (Community Survey) be removed from the agenda in order to provide additional information.
Hauaen: Asked to add an item of Other Business to announce to business openings.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE NOVEMBER 1, 2004 REGULAR MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen 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.
(D) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approving of Monthly Fire Call Report.
(F) Consider Approval of a Cooperative Agreement Between the City of Prior Lake and ISD 719 for School Resource
Officer.
(G) Consider Approval of Resolution 04-167 Authorizing Execution of the City's Standard Professional Services
Agreement for Design of Candy Cove Trail, Centennial Street and Miscellaneous Utility Improvements (Project #05-01).
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Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
November 15, 2004
(H) rREMOVED FROM AGENDAl - Consider Approval of a Resolution .Approving the Final Plat and Authorizing Execution
of a Standardized Development Contract for the Plat to be known as The Wilds North 4th Addition.
(I) [REMOVED TO ITEMS REMOVED FROM CONSENT AGENDA FOR SEPARATE CONSIDERATION]Consider
Approval of a Resolution Approving a Premise Permit for Lawful Gambling for Baseball Association #191.
Bovles: Reviewed the Consent Agenda items proposed.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDAS (A) - (G) AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Blomberg and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of a Resolution Approving a Premise Permit for Lawful Gambling for Baseball Association #191.
Bovles: Reviewed the agenda item in connection with the staff report, cautioning that the Council may not want to set a
precedent or be involved in the direction of funding of this type. Suggested that it be left to the association.
Blombera: Agreed that it is not appropriate for the City Council be the body that directs the proceeds.
Petersen: Agreed.
Hauaen: Would like the Baseball Association #191 to clearly define the benefactors, and provide a mechanism that would
include follow-up and verification.
MOTION BY LEMAIR, SECOND BY PETERSEN, DIRECTING STAFF TO PREPARE A REVISED RESOLUTION THAT
CALLS FOR THE BASEBALL ASSOCIATION TO SET OUT THE BENEFACTORS OF PULL-TAB INCOMES, AND
SETTING FORTH A WAY OF AUDITING AND REPORTING CONTRIBUTIONS.
VOTE: Ayes by Haugen, Blomberg, Petersen, and LeMair, the motion carried.
PUBLIC HEARINGS: NONE.
PRESENTATIONS:
Presentation on Water Patrol Activities (Sheriff Menden)
Petersen: Asked Sheriff Menden to talk about the water patrol efforts over the past year in connection with the funding
cutbacks at the state and county.
Menden: Advised that one deputy works lake patrol, aided by the DNR and City patrol. The department is looking for two
additional part-time positions during the summer weekends. Given the funding shortages, there is no money for adding full-
time officers. Discussed the communication efforts the Sheriffs Department maintains with the Prior Lake Association.
Petersen: Commented that he had heard that the Sheriffs Department would like to see Lake associations install the
buoys. Asked the Sheriff to comment.
Menden: Advised that he did support directing that duty to Associations.
Hauaen: Asked how many lakes the Sheriffs Department serves, and if there is less patrol than in the past. The perception
of our lake users is that there is significantly less patrol than in past years.
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City Council Meeting Minutes
November 15, 2004
Menden: Advised that the Department serves 5 lakes, with Prior Lake being the largest. Noted that given the funding
cutbacks, there is not room for additional patrol.
Hauaen: Asked if there were less patrol hours because the visibility of the patrol on the lake is perceived to be less than in
year's past. Commented that all he has heard is the proposal for cutbacks, and he is concerned with managing the growth
in utilization of the lake given our growing community.
Doua Short: Advised that the calls from 2003 to 2004 are similar with 128 calls in 2003, and 86 calls in 2004.
Menden: Advised that the patrol spends more time on Prior Lake than any other lake. But, the point is valid that it is difficult
to provide quality service given the hours and man power available. Prior Lake is targeted for 40 hours per week plus 10 for
part-time hours.
LeMair: Asked for a break down of the shift hours for Prior Lake in 2004.
Hauaen: Asked the Department to let the City staff and Council know how we can help bring additional coverage for Prior
Lake.
Menden: Thanked the Council and asked that if Councilmember receive calls or complaints, to have them contact him or
Doug Short.
Proclamation Declaring November 15th - 21st as Minnesota Chemical Health Week in Prior Lake.
Hauaen: Mayor Haugen presented Josh Gunter with a Proclamation declaring November 15th through November 21st as
Minnesota Chemical Health Week in Prior Lake.
Josh Gunter: Thanked the City Council on behalf of Hidden Oaks for helping the school protect our community.
OLD BUSINESS:
Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for
Construction of Concessions/Restroom Building Additions at Sand Point Beach and The Ponds Athletic Complex.
Friedaes: Reviewed the agenda item in connection with the staff report.
Blombera: Suggested that at The Ponds since additional toilets and/or urinals are being included, that they be smaller
scale directed specifically to children, especially since so many of the park users are children.
LeMair: Asked if baby changing stations are also being included at The Ponds.
Friedaes: Advised that the child facilities can easily be accommodated and that baby changing stations are planned at The
Ponds.
Blombera: Asked if at Sand Point the pet fountain is new.
Friedaes: Confirmed.
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City Council Meeting Minutes
November 15, 2004
Blombera: Commented that the design of the facility doesn't accommodate the needs of the user. Suggested an outside
shower, child toilet facilities, a changing area, possible locker facilities, and more accommodations for families with children.
LeMair: Agreed with Councilmember Blomberg in that the space could be better utilized.
Hauaen: Asked how the initial estimate of $65,000 got to the $115,000 proposed cost.
Friedaes: Advised that the $65,000 was his estimate prior to the revisions to the ADA guidelines. With new ADA
regulations, the price needed to be adjust to accommodate ADA regulations as well as additional amenities. Likewise, at
The Ponds, the improvements needed at the time involved just the need for a concession facility. Now, the scope of the
project, given the needs of the users, has changed.
Osmundson: Added that the initial estimates were for staff to act as general contractor. Now there is so much going on that
staff does not have the time to take on that extensive of a project.
Hauaen: Commented on the use of the Lakefront Park pavilion and that the staff should also consider how there may be an
opportunity to provide facilities for rental such as a birthday party at Sand Point.
Blombera: Advised that she is all for being fiscally responsible, but part of that has to be planning to meet the needs of the
users currently and into the future. If we are going to spend the money, let's spend it right.
Friedaes: Clarified that the direction for Sand Point seems to be to further research reorganizing the restroom areas,
adding some lockers and shower facilities, and a possible multi-purpose room.
Petersen: Suggested that the existing facility could remain the same and construct a whole additional facility that will meet
the needs that Councilmembers Blomberg and LeMair are suggesting.
Osmundson: Advised that to use the building at all, renovation is needed anyway.
LeMair: Asked if the staff has considered hiring a project manager.
Friedaes: Believed that utilizing a good general contractor is sufficient for the smaller type of projects that we do. Asked if
the site plan at The Ponds is acceptable.
Bovles: Clarified the Council direction to move forward with the The Ponds project with the modification to add child sized
restroom facilities. The direction for the Sand Point Park building is to have staff further research a re-design of the facility
improvements at Sand Point based upon Council member input.
Osmundson: Advised that if the Council is comfortable with The Ponds proposal, that the staff be authorized to proceed
with that facility as planned.
MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 04-168 AS MODIFIED APPROVING
PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR CONSTRUCTION OF
CONCESSIONS/RESTROOM BUILDING ADDITION AT THE PONDS ATHLETIC COMPLEX.
VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried.
Consider Approval of a Follow-Up Report on Wilds Parkway.
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City Council Meeting Minutes
November 15, 2004
Bovles: Reviewed the agenda item in connection with the staff report.
LeMair: Believes the measures taken have addressed the speed issues in the area.
Councilmembers agreed.
Hauaen: Asked if the center line that was moved and seal-coated over can be fixed to match the existing bituminous.
Osmundson: Suggested that the staff try to grind it off, and if that doesn't work, look at moving it up in the seal-coating
timeline.
NEW BUSINESS
Consider Approval of a Resolution Approving Conditional Use Permit to Allow an Antenna Tower to be Located
within the Minimum Setback and Authorizing the Mayor and City Manager to Sign the Civil Defense Tower
Agreement (Case File #04-122)
KANSIER: Reviewed the agenda item in connection with the staff report.
LEMAIR: Asked if the actual height will change, and if other vendors might be able to utilize the pole.
KANSIER: Advised that the height will change by 20 feet to 70 feet. Based upon the stability of the structure, it is possible
that additional antennas could use the pole.
BLOMBERG: Believed it cost-effective and a win-win for the City and provides greater service to our users.
HAUGEN: Reviewed how granting the CUP meets the goals of the City's Comprehensive Plan and Zoning Ordinance.
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-169 APPROVING A CONDITIONAL
USE PERMIT TO ALLOW AN ANTENNA TOWER TO BE LOCATED WITHIN THE MINIMUM SETBACK AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE CIVIL DEFENSE TOWER AGREEMENT.
VOTE: Ayes by Haugen, Petersen, Blomberg and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing Acquisition of Pleasure Rink Lighting at Oakland Beach Park and
Willows Park as Identified in the 2004 Capital Improvement Program.
Friedaes: Reviewed the agenda item in connection with the staff report.
BLOMBERG: Supported and pointed out that this project was programmed in the 2004 CIP.
BOYLES: Asked if the voltage of the lights could be lowered.
FRIEDGES: Yes.
HAUGEN: Asked if there is a maximum length of time that the lights can be on, and if the neighbors to the park area have
been notified.
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City Council Meeting Minutes
November 15, 2004
FRIEDGES: Advised that the lights will go out at 10pm because that is the time that the parks close. Advised that these parks
were selected because there has been input from the neighborhood asking for the amenity. Additional notification has not
been made.
HAUGEN: Suggested that the staff contact the neighbors to both advise them of the opportunity, and ask their input. Also
asked about light spillage.
FRIEDGES: Explained that the pleasure rinks will have a lower intensity light, and can also have options for different shields
to control spillage.
MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-170 AUTHORIZING ACQUISITION
OF PLEASURE RINK LIGHTING AT OAKLAND BEACH PARK AND WILLOWS PARK AS IDENTIFIED IN THE 2004
CAPITAL IMPROVEMENT PROGRAM.
VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried.
HAUGEN: Asked that Mr. Friedges report to the Council his feedback from the neighbors in the area of those parks.
Consider Approval of a Resolution Accepting the Resignation of City Councilmember Andrea Blomberg, Declaring
a Vacancy on the City Council and Proposing a Procedure for Filling the Vacancy.
BOYLES: Reviewed the agenda item in connection with the staff report.
BLOMBERG: Advised that the timeline seems appropriate, but noted that she does want to be a part of the interviewing
process in appointing her replacement.
JOE SCHMITT: Explained that if the interviewing takes place on January Jrd after the formal resignation, Ms. Blomberg could
participate in the process just as any other member of the public. The alternative is that the interview process could be done
prior to January 1, 2005, and Ms. Blomberg could participate in the interview process as a Council member.
BLOMBERG: Asked if there is any scenario under which she could vote.
SCHMITT: Explained that under Minnesota law it would be inappropriate for Ms. Blomberg to vote because until she is out of
office, the vacancy does not exist.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-171 ACCEPTING THE RESIGNATION
OF CITY COUNCILMEMBER ANDREA BLOMBERG, DECLARING A VACANCY ON THE CITY COUNCIL, AND
PROPOSING A PROCEDURE FOR FILLING THE VACANCY.
VOTE: Ayes by Haugen, Petersen and LeMair, the motion carried. Council member Blomberg abstained.
OTHER BUSINESS
Business Openings
HAUGEN: Pointed out that Village Market will be opening its doors this Wednesday, and that the Post Office facility is also
open and has announced a tentative Grand Opening celebration on Tuesday, December 14th.
With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjourned at
9:10pm.
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C. y Council Meeting Minutes
November 15, 2004
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