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HomeMy WebLinkAbout030705 Minutes16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES March 7, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Planning Director Kansier, City Engineer Albrecht, Building Inspector Peterson, Communications Coordinator Oster, Assistant to the City Manager Meyer and Administrative Assistant Green. 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 concept of the Public Forum. The Council moved on to its regular agenda. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY FLEMING, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE FEBRUARY 16, 2005, SPECIAL MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried. MOTION BY FLEMING, SECOND BY PETERSEN, TO APPROVE THE FEBRUARY 22, 2005, REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. CONSENT AGENDA: A) Consider Approval of Invoices to be Paid. B) Consider Approval of Monthly Fire Call Report. C) Consider Approval of 2004 Variance Summary Report. D) Consider Approval of Animal Warden's Report for January 2005. E) Consider Approval of Resolution 05-35 Approving Full and Final Payment to S. U. Hentges and Sons, Inc., for the Downtown Street Reconstruction and Rainwater Garden Improvements (City Project 04-01). F) Consider Approval of Resolution 05-36 for a Final Plat and Authorization to Execute the City's Standard Development Contract for Deerfield Industrial Park 4th Addition. G) Consider Approval of the Building Permit Report. www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes March 7, 2005 Boyles: Reviewed the Consent Agenda items proposed. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: None. PUBLIC HEARINGS: City of Prior Lake 2004 Small Municipal Separate Storm Sewer Systems (MS4) Annual Report and Storm Water Pollution Prevention Program Public Meeting. City Engineer Albrecht reviewed the annual report required for the City's MS4 permit, which details how the City responded to six Best Management Practices criteria. The permit requires a public hearing to allow public education and outreach and public participation/involvement. A motion was made by Petersen, seconded by Fleming and carried to open a public hearing. The public hearing began at 7:09 p.m. Mayor Haugen invited anyone from the public to address the Council regarding the storm sewer systems and storm water pollution prevention program. With no one addressing the Council, a motion was made by Zieska, seconded by LeMair and carried to close the public hearing, The public hearing closed at 7:10 p.m. MOTION BY PETERSEN, SECOND BY FLEMING, TO APPROVE RESOLUTION 05-37 APPROVING THE CITY OF PRIOR LAKE 2004 SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) ANNUAL REPORT AND STORM WATER POLLUTION PREVENTION PROGRAM PUBLIC MEETING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried. PRESENTATIONS: 2004 Code Enforcement Year End Report. Building Inspector and code enforcer Mike Peterson presented the 2004 Code Enforcement Year End Report, which noted a decrease in complaints from the prior year. Fleming: Is the decrease attributable to anything? Peterson: Most likely Iow snowfall. Petersen: Were there complaints about storage; boats in the yard, etc? Peterson: Those complaints show up under the "junk" category. Storage along the side of the house seems to be the number one complaint and we continue to work on it. LeMair: Does a resident contact you directly if they have a complaint? Peterson: Residents can contact the building inspection department either by calling the general city hall number or the Website. We will get name of the caller; stop at the residence that is being complained about to confirm it is a valid complaint; tell them what needs to be corrected; send them a written document with a timeline to get in compliance. If necessary a second letter is sent followed by a ticket issued by the City. Haugen: When a complaint is received, do you see them face to face? City Council Meeting Minutes March 7, 2005 Peterson: Yes. If I cannot contact them, I leave an inspection ticket. Haugen: The quick follow-up to complaints is appreciated by callers. Zieska: Complimented the city building departments around and reminded everyone that a deck-building seminar will be given by the City on March 19. OLD BUSINESS: Consider Approval of a Resolution Accepting Bids and Authorizing Execution of the City's Standard Construction Contract for the Drilling and Testing of a FIG Well. Bids were received from Mark J. Traut Wells, Inc. and Bergerson-Caswell, Inc., to drill and test a FIG Well and appurtenant work. The well is intended to be operational by summer 2006. MOTION BY FLEMING, SECOND BY ZIESKA, TO APPROVE RESOLUTION 05-38 ACCEPTING BIDS AND AUTHORIZING EXECUTION OF THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR A FIG TEST WELL AND APPURTENANT WORK TO MARK J TRAUT WELLS, INC. IN THE AMOUNT OF $64,138.00. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried. Consider Approval of a Resolution Adopting a Policy with Respect to the Operation of City Owned Boat Slips. Boyles reviewed the policies proposed by joint efforts of the Park and Lake Advisory Committees for the use of slips owned by City including that the slips be offered for use on a first come first serve basis, only during park hours with no daily time limit. One slip would be reserved for official watercraft of Department of Natural Resources; there would be no mooring of personal watercraft or canoes; no fishing, waterskiing, diving, or swimming by the slips; and, all other state, county city ordinances would apply. Fleming: Liked the idea of encouraging residents to come downtown. Petersen: The Park and Lake Advisory Committees worked on this. Would approve it the way it is written because experience will tell us how the policy will ultimately be enforced. LeMair: Worked with the Lake Advisory Committee. The proposed policies stemmed from original strategic plan, or 2020 vision, to improve community lake usage and to get access to the lake for non-riparian people while reducing parking issues for residents who live near the lake. Would like to see an opportunity for boats to stay overnight by having some of the slips available to be reserved for a fee. Zieska: Agreed that some of the slips should be set up for reservation. Fleming: Queried whether the sentiment at the joint meeting of Park and Lake Advisory Committee meetings was the opposite of what LeMair and Zieska proposed. Haugen: There were viewpoints on both sides. One of the reasons for having the slips open is to tie lakefront park usage and downtown together. A weekend reservation would detract from that by limiting the number people arriving and departing during that time. A 24-hour reservation should be the maximum. The park closes at 10 p.m. and we don't have enforcement on the lake. By not restricting the use of the slips with reservations, the public slips provide a place for boaters to stop, go to the park or downtown, etc., and stay for a short period of time. Opposed to overnight reservations. City Council Meeting Minutes March 7, 2005 LeMair: Regarding enforcement, there would be ordinances making violations a misdemeanor. Reservations on a slip would allow people to make downtown dinner plans, etc. Proposed only half of the slips be on a reservation basis. Zieska: What hours are the park staffed and how would we enforce no one parking in the DNR/police slip? Favors reserving slips for the park hours during the summer weekends. Boyles: Life guards work until beaches close in the evening and community service officers work alternate schedules. Fleming: Expressed concern about the potential for underage behaviors if reserving slips for overnight. Petersen: There is a small amount of vandalism that happens on the lake. No one would be watching the boats and the City might become responsible for them. Pace: The City would post signs indicating the City would not be responsible for any injury or damage to person or property. Haugen: Allow reservations on a daily basis for half the slips. Revisit at the end of the season. See if it should be restricted or broadened. LeMair: Report on usage at the second Council meeting in July. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 05-39 ADOPTING A POLICY WITH RESPECT TO THE OPERATION OF CITY OWNED BOAT SLIPS TO INCLUDE MAKING NINE SLIPS AVAILABLE FOR RESERVATION WITH A FEE ON A DAILY BASIS DURING PARK HOURS, ONE SLIP RESERVED FOR DNR/POLICE USE AND THE REMAINING EIGHT SLIPS FOR PUBLIC USE; PLACING THIS POLICY INTO CITY CODES; AND REPORTING ON THE SLIP USAGE AT THE SECOND COUNCIL MEETING IN JULY, 2005. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried. NEW BUSINESS Consider Approval of a Resolution Authorizing the Preparation of Specifications to Receive Bids to Sell Two City Owned Properties for Redevelopment Purposes: 1) .83 acres located at Franklin Trail and Park Nicollet Avenue; and 2) a 50 X 100 foot parcel located at the northeast quadrant of Main Avenue and Hastings. Boyles presented and outlined the public notices and processes that the City would follow. LeMair: The City doesn't need to keep property in inventory. Zieska: Agreed that the City should move forward with the Franklin Trail/Park Nicollet property, but requested that the Main Avenue/Hastings property be researched to determine if a ten-foot strip of adjacent property is available to be sold. Petersen: Agreed the properties should be sold. Fleming: Agreed and solicited confirmation that the sale would be in alignment with the comprehensive plan? Haugen: Agreed on sale and research of the ten-foot parcel.. MOTION BY FLEMING, SECOND BY PETERSEN, TO ADOPT RESOLUTION 05-40 APPROVING A RESOLUTION AUTHORIZING THE PREPARATION OF SPECIFICATIONS TO RECEIVE BIDS TO SELL TWO CITY OWNED PROPERTIES FOR REDEVELOPMENT PURPOSES: 1) .83 ACRES LOCATED AT FRANKLIN TRAIL AND PARK NICOLLET AVENUE; AND City Council Meeting Minutes March 7, 2005 2) A 50 X 100 FOOT PARCEL LOCATED AT THE NORTHEAST QUADRANT OF MAIN AVENUE AND HASTINGS. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Initiating Process for Approval of Redevelopment Project Area and Calling a Public Hearing. Boyles presented a resolution to approve a process and call for a public hearing for input into the redevelopment project area to encourage private development and redevelopment of the downtown area as well as assure the construction of the new city hall and police station within the redevelopment area. A public hearing is scheduled for April 4, 2005, at 7 p.m. MOTION BY ZIESKA, SECOND BY FLEMING, TO ADOPT RESOLUTION 05-41 APPROVING A RESOLUTION INITIATING PROCESS FOR APPROVAL OF REDEVELOPMENT PROJECT AREA AND CALLING A PUBLIC HEARING. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS Congratulations were offered to Jake Johnson for his wrestling achievement, and sympathies offered to the family of Harvey Klingberg. With no other comments from Councilmembers, a motion to adjourn was made by Petersen and seconded by LeMair. The meeting adjourned at 8:22 p.m. Frank Boyles, City Charlotte Green, Recording ry