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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 19,2005 8:00 pm Fire Station No.1 1, CALL TO ORDER and PLEDGE OF ALLEGIANCE: 8:00 P.M. \ .~.' 2, 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. 3, APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF SEPTEMBER 6, 2005, MEETING MINUTES: 5, CONSENT AGENDA: Those items on the 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 the Treasurer's Report, C, Consider Approval of the Building Permit Report, D. Consider Approval of the August Animal Warden Monthly Report. E. Consider Approval of the Monthly Fire Call Report. F. Consider Approval of a Resolution Approving the Final Plat and Development Contract for Wilds Ridge North, G, Consider Approval of a Resolution Approving a Wetland Replacement Plan for Beren's Woods. H, Consider Approval of Election Judge Appointments for 2005 General Election. 6, ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes September 6. 2005 Draft \. REGULAR COUNCIL MEETING MINUTES September 6, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, LeMair, and Petersen, City Manager Boyles, City Attorney Pace, Planning Director Kansier, Public Works Director/City Engineer Albrecht, Public Works Coordinator McCormick, Communi- cations Coordinator Oster, Finance Director Teschner, Assistant to the City Manager Meyer and Administrative Assistant Green. Council member Zieska was not present. 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. Jeanne Ziegler, 3517 Bay Knolls Drive NW, president of the Glyn- water East Resident Association and George Hawkinson, 3519 Bay Knolls Drive NW, approached the Council regarding a sound barrier wall along County Road 82. The association is requesting a change in materials from the chain link fence planned by the County to a wood fence to help relieve some of the traffic noise. Public Works Director Albrecht presented a diagram of the planned wall depicting a concrete lower wall topped by a chain link fence and noted that any upgrade to the plan would be at City cost and no sound barriers have been erected by the City in the past. Comments: Fleming: No comment. Petersen: Asked what the cost would be for the change in materials. Albrecht: Replied that a six-foot wood addition to the two-foot concrete barrier would be approximately $12,000. LeMair: Asked how many linear feet would be needed and whether or not the City currently has chain link fencing. Albrecht: Replied that the fence is planned to be 456 feet and that currently there is no chain link fencing on top of con- crete parapet in the City. LeMair: Commented that precedence needed to be considered when a project is anticipated to be a $12,000 expenditure and asked if the homeowners association is willing to pay for any of the cost. Ziegler: Replied that the board of directors would need to approve it. LeMair: Stated he would possibly be open to consideration if the cost is shared. Haugen: Commented that widening the road is not as esthetically pleasing as prior to widening. Albrecht: Replied that the plan does include planting trees and other vegetation along barrier. Haugen: Asked staff to provide a report for a future meeting that would address the neighborhood's request, and to advise the neighborhood association when the topic would be on the agenda. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE THE AUGUST 18, 2005, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The motion carried. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 1 City Council Meeting Minutes September 6, 2005 Draft CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval Ordinance 105-21 to Amend Section 301 of the City Code Relating to Liquor Control. C. Consider Approval of Resolution 05-148 Authorizing Full and Final Payment to Carl Bolander and Sons Co. for the 2003-2004 Lift Station Rehabilitation Project (#03-05). D. Consider Approval of Resolution 05-149 Approving the Common Interest Community Number 1111 (Jeffers South Condominium) Fifth Supplemental CIC Plat. E. Consider Approval of the July Animal Warden Report. F. Consider Approval of a Temporary On-Sale 3.2 Malt Liquor License for the Prior lake Wrestling Club. G. Consider Approval of Resolution 05-150 Approving Full and Final Payment to Prior lake Blacktop for the 2004 Trail Improvement Project. H. Consider Approval of Resolution 05-151 Approving Full and Final Payment to Mark J. Traut Wells, Inc. for Construction of a Test Well for Wells 8 and 9 (#05-02). I. Consider Approval of a Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Fleming, leMair and Petersen. The motion carried. PUBLIC HEARINGS: There were no public hearings. PRESENTATIONS: Report Regarding Mail Tube Installation on Mailbox Posts. City Manager Boyles stated that the City asked ECM Publishing's attorney, Mark Anfinson, to give ECM's rationale for being able to place the tubes on mailboxes. City Attorney Pace gave a summary of his response and stated she needs more dialogue with him regarding private property placement as well as affirmation that tubes are being placed on the public right-of-way. She will also seek clarification of his use of the terms "virtually" and "typically," and bring his responses to a future Council meeting. Centerpoint Energy Community Partnership Grant Program - Connie Hargest (defibrillator) Connie Hargest was not present. Park, Athletics and Recreation Facilities long Range Planning Task Force. City Manager Boyles stated that the task force is an effort to take a proactive approach to plan for park, athletic and recreational facilities in the community as a whole; to identify what the needs for the community are; and to work co 1- laboratively to find solutions, Applications are available for persons who are interested in serving on the task force. Comments: leMair: Stated this is a great idea and good results have come out of other joint efforts. Petersen: Concurred. Fleming: Asked if proposals for facilitators were requested from any other organization besides Wold. Boyles: Replied that Wold is a professional service under the law and it was chosen to submit a proposal because it was used by the school district in long-range planning. There is a close parallel to the district's planning in the com- plexity and cost of the problem and the multitude of vested interests. It was believed Wold would be most familiar and able to deal with the complexities, and be able to move the process forward in an expeditious fashion. Costs are in- tended to be $5,000 each for the cities of Prior lake and Savage, and the School District. Haugen: The committee will be represented by a variety of organizations such as P.L.A.Y., the Prior lake/Savage Hockey Association, etc. as well as anyone who wants to participate on an at-large basis with the objective of having 20 or more people involved to represent a wide variety of interests. 2 City Council Meeting Minutes September 6, 2005 Draft Boyles: Stated that the intent is to have an administrator and council member from each community; and that Mayor Haugen and he have been representing Prior Lake and would like to continue to do so. Haugen: Commented that the Council requested the original gathering of stakeholders last spring and a follow-up meeting was held in May, and this step is formalizing the process. Fleming: Confirmed Haugen and Boyles as official representatives and asked if it precludes other council members from contributing as appropriate. Haugen: Replied that it did not, but that Prior Lake needs to be sensitive to the other organizations to create balance. Pice: Stated that if three or more council members decide to attend a meeting, a meeting notice should be posted for the public. New Planner - Jeffrey Matzke. Planning Director Kansier introduced Jeff Matzke who accepted a position with the City of Prior Lake as a planner. Comments: Fleming: Welcomed Matzke. Haugen: Commented that it was good to have him working with us. OLD BUSINESS: Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Contract for Wells 8 and 9 as Identified in the 2005.2009 Capital Improvement Program. Public Works Coordinator McCormick presented the resolution and explained how the wells fit into the Capital Improvement Program. Comments: leMair: Commented that the entire $1.1 million budget includes the wellhouse and asked if bids were submitted in the range expected. McCormick: Replied that bids were slightly lower than the budgeted $600,000. leMair: Commented that we have used Keys Welling Drilling in the past and asked if staff had expected to receive more than two bids. McCormick: Replied that the expected completion date of the project eliminated some bidders. Petersen: Stated that the two wells would be drilled next to each other but in different aquifers, and the City can use the same well house for both of them. It is a good plan. Fleming: Stated this seems to be in keeping with approval of plans and specifications and will approve it. Haugen: Noted the reference to the continuity of planning in adding wells and that with the growth of the community over the next 25 years, Prior Lake will have a total of 16 wells. MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.152 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONTRACT FOR WELLS 8 AND 9 AS TO KEYS WELL DRILLING IN AN AMOUNT NOT TO EXCEED $557,055. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The motion carried. Consider Approval of a Resolution Approving a Final Report on the Downtown Fac;ade Improvement and Extending the Deadline for the IVEX Fac;ade Improvement. Community Development Director Sullivan presented the final report on the Downtown Falfade Improvement program and stated that IVEX has requested the City to grant them an extension to use the program. Comments: Fleming: Asked how many other projects have been granted extensions. Sullivan: Replied that he believed there were no extensions granted. 3 City Council Meeting Minutes September 6,2005 Draft LeMair: Stated that Fong's and perhaps Express Gas were given extensions, but there have been none since the pro- gram's money was expended. Fleming: Asked about the reason for the extension and how it was determined that a year would be sufficient time. Sullivan: Replied that IVEX needed to submit building plans and needs additional parking to support the building. A delay was caused when they were unsuccessful in their bid to purchase a City parcel and had to change the building site. Fleming: Commented that a year seems like a long time, but that he doesn't want to impede a collaboration with a viable business. Sullivan: Stated that IVEX has been working in good faith toward solidifying a new building project. Petersen: Stated that this is a project the City wants to see completed, so any help would be good. LeMalr: Remarked that IVEX has made a commitment to building downtown and has worked through obstacles to be able to do that. At some point, would like to continue the program because the City has received good investment for it. Haugen: Concurred with LeMair and stated that when the south side of CR21 is developed, it might be an appropriate time to move toward another fa<;ade development program. Noted that the October 2006 date requested by IVEX is the com- plete date for the project, and that until the park-and-ride lot downtown was purchased, there was no parking for their busi- ness. Petersen: Commented that the term "fa<;ade improvement" might be inconsistent when it is really a help to build. Sullivan: Stated that it is much like the assistance to the Speiker Il>uilding; when the design criteria was met, the funds were granted. MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.153 ACCEPTING THE FINAL REPORT ON THE DOWNTOWN FACADE IMPROVEMENT AND ~RANTING FACADE PROJECT EXTENSION FOR IVEX, LLC. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The moti~n carried. Consider Approval of a Resolution Approving the Final Plat fOt' Deerfield Industrial Park 5th Addition. Planning Director Kansier Jane presented the request of the devel per to defer some of the final development fees for the fifth stage of the Deerfield Industrial Park. She noted that this requ st is not consistent with City policies and the staff does not want to set the precedence of deferring development fees. ! Comments: LeMair: Confirmed that approval of the second alternative, "adopt ia resolution with conditions approving the final plat and Development Contract for Deerfield Industrial Park Fifth Addition nl>dified to replat Lot 1, Block 2 as part of Outlot A," would not slow down the process and the other two businesses co~ld move forward with construction of their buildings. Kansier: Affirmed and said the only change would be the drafting the plat. LeMair: Expressed concern about setting the precedent of not collecting fees. Asked if another option would be to not ~a~~~l . Kansier: Replied that would be a possibility; but noted the City dOrS get similar requests and developers are advised to plat the areas as outlots. This is the first time a developer asked t e City Council to defer fees. Expressed concern that deferring fees until a building permit is issued, or until the lot is sol ,would increase the possibility that the fees would be lost during the time delay. If fees are deferred, the contract shoul be written to make the builder or developer responsible for the fees at the current rate at the time of building. LeMair: Stated that the process should be followed. Petersen: Concurred that a process is established and we should istay with it. Fleming: Concurred and stated it may do damage to the spirit of qperations with other developers to grant this request and he would not favor deviating from established process. Haugen: Agreed it would open us up for significant chaos to deviate from the process. MOTION BY LEMAIR, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.154 APPROVING THE FINAL PLAT FOR DEERFIELD INDUSTRIAL PARK FIFTH ADDITION AND DEVELOPMENT CONTRACT AND SETTING FORTH 4 City Council Meeting Minutes September 6, 2005 Draft CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT, THAT IS, TO APPROVE TWO LOTS AND HAVE THE THIRD LOT AS AN OUTLOT. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The motion carried. NEW BUSINESS: Consider Approval of a Resolution Adopting Proposed 2006 Oity Budgets and Certifying Preliminary 2006 City of Prior Lake Property Tax Levy to Scott County Department of ~axation. City Manager Boyles presented the preliminary budget for 2006. 4pproval at this stage will establish a tax levy which can be used by Scott County to calculate the cumulative tax levies whi~h appear in the Truth In Taxation notice that residents receive. The final date to consider the 2006 budget and tax levy id December 19,2005. ! Comments: I LeMair: Stated that even though there is a proposed increase iln what we are paying, we are getting value for it. The new police station and city hall will add value to this community. I Petersen: Asked for an explanation of the difference of a tax I~vy increase of 4.77% vs. an increase of 10.8% on budget from year-to-year. i Teschner: Replied that variables in financing and spending de~isions made by the Council include property tax, non- tax revenues that will be increased for 2006, and valuation of ndw buildings coming on line. The value of these com- ponents reduces the impact of the budget increase on the tax I Fleming: Stated that the good news is that the taxable estimat d market value represents an improvement from the original budget plan reviewed by the Council. Haugen: Stated that the tax increase already assumes a valua ion increase on a home so that a new valuation is not added to the tax increase, which is a fair and honest approach ith the public. Noted this preliminary budget estab- lishes a maximum; and clarified the budget increase in fuel exp nses. Teschner: Affirmed that staff modified an earlier budget propo al to incorporate an increase in fuel expenses. Haugen: Stated the Council has the ability to reduce the budg after the truth in taxation meeting and noted he is considering the contingency fund and whether or not it should b $200,000. MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE ESOLUTION 05.155 ADOPTING PROPOSED 2006 CITY BUDGETS AND CERTIFYING PRELIMINARY 2006 CITY 0 PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The moti n carried. Consider Approval of a Resolution Authorizing Staff to Compl te Jeffers South Trail Improvements as Part of 2005 Trail Improvement Project. Public Works Director/City Engineer Albrecht presented the proj cted trail plan and explained the proposed change to a boardwalk. He noted that both the City and the developer will save money with the boardwalk concept. Comments: Fleming: Stated that it is a great combined effort saving both p rties money and will support it. Petersen: It's a good project. LeMair: Stated he likes the project and asked if it would be a m intained trail in the winter. Albrecht: Replied there are not ice pressure problems with th boardwalks and they are expected to last 20-25 years with minimal maintenance. LeMair: Asked if the boardwalks are brushed or plowed to kee the trail clear in the winter. Albrecht: Replied that they are not part of the winter maintena ce policy. Boyles: Stated the annual winter maintenance policy will be on the next Council agenda. LeMair: Commented that it makes the Jeffers Pond inaccessibl in the winter but he has not heard any feedback about winter maintenance on the other boardwalks in the City. 5 City Council Meeting Minutes September 6, 2005 Draft Albrecht: Commented that some trails have issues such as st ep approaches so that the City does not want to en- courage use of them in the winter. Haugen: Noted that the City and Wensmann both will save mo ey with this solution, and there is no loss of trees. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPRO E R~SOLUTION 05.156 AUTHORIZING STAFF TO COMPLETE JEFFERS SOUTH TRAIL IMPROVEMENTS AS PA OF 2005 TRAIL IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen, The mati n carried. Consider Approval of an Ordinance Amending Section 701 Re atlng to Public Parks. Planning Director Kansier presented a proposed ordinance am ndment to ban the use of tobacco and alcohol at the Jeffers Pond Elementary School Park. Comments: leMair: Stated it is a good joint effort between the school distri t and the City. Petersen: Will support it. Fleming: Will support it. Haugen: Will support it. MOTION BY PETERSEN, SECONDED BY FLEMING TO APPRO E ORDINANCE 105-22 AMENDING SECTION 701 RELATING TO PUBLIC PARKS. VOTE: Ayes by Haugen, Fleming, LeMair and Petersen. The mati n carried. OTHER Mayor Haugen noted that the annual Fire Department chicken b rbeque will be held September 11, and the annual community fest at the Prior Lake High School will be Septembe 19. The September 19 City Council meeting will be- gin at 8 p.m. to allow council members to attend the community est. ADJOURNMENT With no other comments from Council members, a motion to adjou was made by LeMair and seconded by Petersen. With all in favor, the meeting adjourned at 8:30 p.m. Frank Boyles, City Manager Cha otte Green, Recording Secretary 6