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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA April 17 , 2006 7:00 p.m. Fire Station No. 1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 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. Bryce Huemoeller - new community education foundation 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF APRIL 3, 2006, 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 Council member, 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 Treasurer's Report. C. Consider Approval of March and First Quarter Building Permit Reports. D. Consider Approval of Animal Warden Report. E. Consider Approval of March and First Quarter Fire Call Reports. F. Consider Approval of 2006 First Quarter Budget Report. G. Consider Approval of 2006 First Quarter Investment Report. H. Consider Approval of a Resolution Approving a Final Plat and Development Contract for Deerfield Industrial Park 6th Addition. I. Consider Approval of a Resolution Approving a Final Plat and Development Contract for Wild Ridge Second Addition. J. Consider Approval of Resolution Approving a Recycling Grant Agreement with Scott County for 2006 Spring Clean-up Day. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. Downtown Parking Report. B. County Road 82 Funding. 8. PUBLIC HEARINGS: A. Public Hearing to Consider Changing from Odd-Year Elections to Even-Year Elections. B. Public Hearing on Part I of the City of Prior Lake Wellhead Protection Plan. 9. OLD BUSINESS: A. Consider Approval of a Resolution Accepting Bids and Awarding Contract for Downtown Electrical Service Connections. B. Consider Approval of a Report Regarding Modifications in City Council Meeting Format. C. Consider Approval of Revisions to the Bylaws of the Economic Development Advisory Committee, and Approval of a Resolution Appointing Members Thereto. 10. NEW BUSINESS: A. Consider Approval of a Resolution Approving a Preliminary Plat for Maple Glen 3rd Addition. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events. 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes April 3, 2006 Draft REGULAR COUNCil MEETING MINUTES April3,2006 CAll TO ORDER: Present were Mayor Haugen, Council members Dornbush, Erickson, LeMair and Millar, City Manager Boyles, City Attor- ney Pace, Public Works Director/City Engineer Albrecht, Planning Director Kansier, Assistant to the City Manager Meyer, Communications Coordinator Oster and Administrative Assistant 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. Speakers receive a maximum of ten minutes; less if there are more than three speakers. 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. Sandee Wright, 14300 Timothy Avenue, distributed information to the Council regarding a petition requesting the Council to reconsider a vote taken at the December 5, 2005, meeting that supported a SMSC fee-to-trust application of 106 acres of the total 775 acres. She stated that a Website was created to provide a site for a petition and listed the other ways they solicited signatures for the petition, which resulted in approximately 400 signatures. She requested that the Council reconsider its position. George Victor, 16513 Timber Crest Drive, stated he would like to see SMSC make a payment or donation to the City in exchange for support on the fee-to-trust application. Bret Cohn, 3444 Wood Duck Dr. NW, requested an update on the work of the Parks, Athletics and Recreation (PAR) task force and asked when it expected to conclude its work, stating he would like to proceed with its recommendations. Rick Beer, 20135 lake Ridge Drive, asked how long before the PAR task force would be ready with recommendations and what forum would be used to publicize its recommendations, as well as the Council's intentions regarding the find- ings of the task force. Comments: Dornbush: Thanked Sandee Wright for her tireless efforts in compiling the petition and stated that she appreciated the public activism. Noted that people can come to different conclusions, but understands that all sides have the best inter- est of Prior Lake at heart. Hopes the future brings a better process for the other cities involved and the citizens-at-Iarge. leMair: Concurred with Dornbush comments and added that there are different opinions regarding the fee-to-trust is- sue. Stated that the decision was made based on what was thought best for the community. Agreed the process was flawed. Believes there is misperception of the relationship that he or his wife has with the SMSC and noted that his wife's ethnicity is not Native American and there is no blood relationship with anyone of the tribe. Erickson: Reminded residents that the previous council made the decision and it would require four votes to change it. Stated that the decision is with the BIA. Millar: Concurred with the other comments and stated he is sad for the heated rhetoric that has happened because of this issue, and that it is out of our hands and we should move on. Commented on Wright's organizational skills and commended her for her interest and passion for what she believes in. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 1 City Council Meeting Minutes April 3, 2006 Draft Haugen: Noted that there was only one land trust application this round and the Council responded to it. If there is a future application, a decision would be made about that particular application at the time. Reviewed the make-up of the PAR task force and its process of looking at current facilities, prioritizing and developing a plan for future needs. APPROVAL OF AGENDA: Mayor Haugen added agenda item 11 B, an announcement concerning financial support for CR 82 from SMSC. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE THE MARCH 20, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. CONSENT AGENDA: City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 06.048 authorizing the Mayor and City Manager to Enter Into a Standardized Lease Agreement for Shepherd's Path Park-and-Ride Lot. C. Consider approval of a Massage Therapy License for Katie Hendrickson. D. Consider Approval of a 3.2 On-sale Liquor License for the Prior Lake Amateur Baseball Association. E. Consider Approval of a Body Art License for Timothy Winters. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. PRESENTATION Fire Station No.2 City Manager Boyles presented information about studies conducted by Boarman Kroos that determined three fire sta- tions would be needed in Prior Lake at build-out, and advised that a committee, which includes participation of Mayor Haugen and Council member Millar, would begin meeting to steer the building of Fire Station No.2. Comments: Millar: Stated he looks forward to working on the committee, and that providing adequate fire-fighting services is part of the Council's responsibility. Commended the fire department for their work and asked City Manager Boyles to share operating statistics. Boyles: Responded that the annual budget for the volunteer fire department is $611,000, which saves approximately $2 million annually when compared to having a full-time fire department, which is considered at a cost comparable to a police department. Dornbush: Expressed appreciation to the fire department and stated she is glad that Prior Lake is building another fire station and also expressed appreciation for receiving help from SMSC when it is needed. LeMair: Complimented the fire department for response times and agreed it serves the community very well. Erickson: Asked the distance from the fire department to the most far-reaching point of services and noted that dis- tance affects insurance rates for citizens. Haugen: Responded that premium structures are typically the same for all residents inside city limits, and that dis- tances affect people living outside the city limits due to availability of water and response times, etc. 2 City Council Meeting Minutes April 3, 2006 Draft PUBLIC HEARING: To Consider Approval of a Resolution Vacating a Drainage and Utility Easement Located on Outlot B Deerfield Industrial Park 5th Addition. Planning Director Kansler explained that the developer is requesting this easement be vacated since a wetland mitiga- tion plan has already been enacted on this site. Stated that the vacation does not constitute approval of any building plans for the site. MOTION BY MILLAR, SECONDED BY DORNBUSH TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 7:54 p.m. Comments: No person stepped forward to make comment. MOTION BY MILLAR, SECONDED BY DORNBUSH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 7:55 p.m. Comments: Erickson: Stated this allows for development, which makes for a greater tax base. LeMair: Agreed that approval makes sense. Dornbush: Asked staff to explain the relocation of wetlands. Albrecht: Replied that when a wetland is located in the Credit River watershed, the wetland can be mitigated any- where in the township. City staff verified that the wetland was created. Boyles: Noted that the Wetland Conservation Act basically asks developers not to use wetlands; and when they do, it is replaced type-for-type. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-049 PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ON OUTLOT B, DEERFIELD INDUSTRIAL PARK 5TH ADDITION. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. OLD BUSINESS: Consider Approval of a Resolution Accepting Bids and Awarding a Contract for the City Hall and Police Station Street Lighting. Public Works Director Albrecht explained the bid received and that there are a limited number of vendors who will do this kind of light installation. Comments: Millar: Will support. Albrecht: Noted that often we do not receive more than one bid for this type of project. Dornbush: Commented that she likes the style of the lights downtown and is glad they will be on two more avenues. LeMair: Stated that it is nice to receive a lower bid than anticipated. Erickson: Agreed that it is a competitive bid. Haugen: Concurred that this is a quality bid and that Prior Lake has quality experience with this company. 3 City Council Meeting Minutes April 3, 2006 Draft MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.050 TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE CITY HALL AND POLICE STATION STREET LIGHTING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Pertaining to the Need for a Supplemental EAW for Conditional Use Permit 01.19 (Ryan Mining and Excavation). Planning Director Kansler introduced Monte Mills of Green Espel who distributed documents to the Council in conjunc- tion with the request for a supplemental EAW as well as a letter from Ryan Contracting attorneys advising the City that if Ryan cannot begin mining by mid-May, they will be damaged; and that Ryan Contracting does not wish to pay for any additional environmental assessment review. Comments: Pace: Commented that the City has been in litigation over the CUP and EAW for several years, and that the documen- tation from the judge appears as though he is giving the Council the opportunity to analyze the situation. She noted that there has been a lot of development in the area and that from a legal standpoint, she is not concerned with which way the Council decides to go as long as the reasons for the decision are articulated. Millar: Asked how long it would take to conduct the supplemental EAW. Kansler: Replied that it would probably take 60-90 days and would cost approximately $10,000 to 12,000. She antici- pated the biggest change would be traffic counts. Millar: Slated he would approve it. Pace: Asked him to comment on what the basis would be for approving it. Millar: Based on changing circumstances and especially development-related issues in the area. LeMalr: Slated that because of a new church in the area, a new neighborhood nearby and a lot of traffic, he does not feel that a gravel pit inside the city limits is justifiable. Believes the EAW should be done because there is nothing to lose. Millar: Commented that the judge indicated he agrees the EAW should be done. Pace: Stated that the judge recognizes that Councils need a rational basis for the things they do, and that judges do not substitute their judgment for that of the locally elected officials. Mills: Commented that they only presented a motion on behalf of the City and SMSC did not present so the judge had no motion pending to order anything. Millar: Will support the supplemental EAW. Dornbush: Will support it. Stated that a lot has happened the last five years such as preliminary plat approval for Shepherd's Path and the YMCA, which impacts concerns about groundwater, surface water, traffic, noise and mainte- nance of infrastructure; and that the ramifications of a gravel mine in this area need to be looked at again. Erickson: Stated that Ryan Contracting acquired the land and started the gravel pit and has been trying to conduct business for five years. Believes they have tried to comply with restrictions. Haugen: Agreed that many things have changed and the City should not ignore the opportunity to have a supplemental EAW and we should move forward as quickly as possible with it. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO ADOPT RESOLUTION 06.051 RESCINDING IN PART RESOLUTION 05-130 AND DIRECTING SUPPLEMENTATION OF THE EAW WITH RESPECT TO CONDITIONAL USE PERMIT 01-19 (APPROVED FEBRUARY 27,2001). VOTE: Ayes by Haugen, Dornbush, LeMair and Millar. Erickson opposed. The motion carried. RECESS Mayor Haugen called a recess at 8:20 p.m. RECONVENE 4 City Council Meeting Minutes April 3, 2006 Draft The meeting reconvened at 8:29 p.m. NEW BUSINESS: Consider Approval of a Report on County Road 12 Project Public Works Director Albrecht provided a status report on meetings with County representatives and noted that the County has made substantial financial commitments ($650,000) based on a designed approved by the City in August 2004. The County sees no reason for changing the roadway design. He state that none of the criteria used by the City Council in August 2004 has changed. The Council considered safety of the community over time as the paramount is- sue and made the recommendation for two sidewalks after numerous meetings with public input. He also reported that the County engineer is meeting with Mr. Weninger to go through some of the issues with the decision and to advise him of the status of the project and detailed information on the corridor. Comments: Erickson: Asked if there would be design costs by eliminating one sidewalk. Albrecht: Replied that he would anticipate a minimum of $50,000 to modify drawings, specifications and bidding docu- ments and, in addition, decisions would have to be made about which side the sidewalk would be removed from and recentering the road, etc. Erickson: Asked about costs of maintenance, snow removal, etc. Albrecht: Replied that residents are responsible for snow removal from sidewalks, unless the area is part of the parks plan in which case the City would maintain one side if it is determined to be a critical corridor. Erickson: Asked if residents are obligated to remove snow from the sidewalk. Albrecht: Responded that it is part of City ordinance for residents to remove snow from the sidewalk. Erickson: Asked if the County would be obligated to do so. Albrecht: Replied that there will be a maintenance agreement and the County would probably place that responsibility on the City, but that it was still to be determined. Erickson: Asked if Phase I is to be completed this summer. Albrecht: Confirmed. Erickson: Asked if others could attend the meeting with the County engineer and Mr. Weninger. Albrecht: Replied that it would be up to the County. LeMair: Stated that there is no change in the project from the original vote. It was important to have two sidewalks and he is not in favor of pulling it out at this time. Dornbush: Asked what the precedent is for having a sidewalk on both sides. Albrecht: Replied that all new county road projects typically have a trail on one side and a sidewalk on the other; and that City standards are to have collector streets with a sidewalk on one side and a trail on the other. Noted that County Road 12 is a collector street, a neighborhood street and a county road. Millar: Stated that he has driven the street several times and feels sympathetic to the resident's wishes. Noted that the decision was made by the previous Council. Dornbush: Stated that during the election, she had campaigned in that area and received support from them, and this was a main issue. Believes it is worth revisiting. Although she does not want to spend additional money, thinks that perhaps the City could save some money. Stated she also has safety concerns considering how busy the road is. Haugen: Stated he is also sensitive to the residents and noted that he spoke with people who were supportive of the Council decision too. Reiterated that there were many opportunities for public input; and that it is consistent with the 2030 vision to do what is right for the entire community in the long run, not just an immediate neighborhood. Stated that this is a county road that is adjacent to a regional park and adjacent to a 3,OOO-acre orderly annexation area, and in- creased traffic is anticipated. Noted that this was an emotional issue and the Council did not make the easy decision to support what some vocal neighbors supported, but that two sidewalks are consistent with every professional engineer- ing consultant recommendation that was received. Nothing has changed. 5 City Council Meeting Minutes April 3, 2006 Draft Millar: Replied that what has changed is three new members on the Council; and when he ran, he made a commitment to look at the issue and he wanted to honor that commitment. Haugen: Asked Pace to advise the Council on appropriate procedure. Pace: Responded that a motion to reconsider can be made if there is agreement to suspend the rules. To suspend the rules would require a debatable motion, a second, and a 4/5 vote. Explained that the bylaws basically adopt Robert's Rules of Order, but are more flexible and an example is that the bylaws allow reconsideration of an issue at the meeting following a meeting where it was decided. For this issue, that time has passed and in order to address it, the bylaws would have to be suspended so the motion-to-reconsider rules would no longer apply. Other legal implications of this issue have to do with the County having proceeded upon reliance of the decision made by the City last year. Stated she researched some Supreme Court cases regarding reconsidering and the research confirms the direction just provided. The options to reconsider are as described. Millar: Stated he does not want to suspend the bylaws. Pace: Noted that it may seem unfair to apply rules that prohibit discussion, but they are there to protect the public. Dornbush: Commented that it is clear there is not support for suspension of the rules. LeMalr: Stated that nothing has changed from his perspective. Erickson: Believes it would be a benefit to the City to look at it again, but noted that the Council as a whole has to de- cide. MOTION BY LEMAIR, SECONDED BY MILLAR TO ACCEPT THE STATUS REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of Change Order #2 to the Pollee Station I City Hall Construction Project Pollee Chief O'Rourke outlined the changes in the change order and commented that Bill Wolters was in attendance to respond to any questions. Comments: Erickson: Everything looks good. LeMalr: Stated it is good to see a cost reduction and knows it is hard to keep projects on costs. Dornbush: Will support. Millar: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE CHANGE ORDER #2 TO THE POLICE STATION I CITY HALL CONSTRUCTION PROJECT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Bill Wolters, Owners Representative, introduced himself and described his role on the project. Stated that construc- tion is generally on schedule and anticipates police station turnover at the beginning of September and city hall turnover in mid-October or early November. Consider Approval of a Report Recommending Modifications to City Council Meeting Format City Manager Boyles outlined the agenda report and Mayor Haugen suggested that it be placed on a future agenda for further discussion with a formal decision at the following meeting. Comments: Erickson: Agreed that the public does not stay until 1 a.m. to watch the meeting and that moving the start time was good. Thought that incorporating town meetings might cause the council meeting to be extended. Believes an 11 p.m. 6 City Council Meeting Minutes April 3, 2006 Draft rule should be adopted to say that no agenda item would be initiated after 11 p.m. but would go on the next meeting agenda. LeMair: Stated he would like to see the meeting start time move up to 6 p.m. Agrees with Erickson about the town meetings and noted that the public hearings are already part of the council meeting. Stated that town meetings are less formal and not everyone wants to be on TV or in that environment. Stated he would like to see meetings shorter and believes the Council cannot make good decisions at 1 a.m. Suggested that adjustments could be made to an agenda early in the evening. Would like to see meetings end no later than midnight. Dornbush: Stated she likes the idea of starting earlier and likes an 11 p.m. end. Would like town meetings to be sepa- rate, which would help keep the meetings from getting too long. Millar: Commended the Mayor for his concem and caring for the staff and their long hours. Believes this is the right direction. Stated that a town meeting should be more relaxed and people should have opportunities for interaction with the Council. Haugen: Summarized that the general agreement was to start at 6 p.m., conduct a WOrkshop at 5 p.m., and the 11 p.m. rule concept is good, but if someone has been waiting for the item and it is postponed, that is not good. Commented that there could be more conscious management of agenda items; and that if town meetings are part of the council meeting, they would have to be conducted differently from public hearings. Stated that public hearings are regulated by law, but town meetings could be more flexible. Noted that the potential for incorporating town meetings into the council meetings is the public awareness and broadcasting opportunities. Recommended that the Council make a decision at a future meeting. Erickson: Suggested that to follow the 11 p.m. rule, the agenda could be managed to move an item forward if a mem- ber of the public were in attendance for that item; and that a town meeting could be in lieu of a workShOp at 5 p.m. and still be broadcast. Haugen: Wondered if 5 p.m. would be too early to ask the public to attend. OTHER Haugen: Announced that Marv Mirsch passed away and services were held last Saturday. leMair: Appreciated Marv's input on committees and stated that he donated endless time and energy to his commu- nity. Erickson: Commented that he got to know Marv as a member of the Lakes Advisory Committee and the LAC will miss his input. Dornbush: Announced the Egg-stravaganza on April 8 at Lakefront Park from 1 - 3 p.m. leMair: Announced that the State youth wrestling toumament would be held in Rochester the coming weekend. Announcement concerning financial support for CR 82 from SMSC. Mayor Haugen announced that the CR 82 project is a partnership between Scott County, Prior Lake and SMSC. Stated that he met with Chairman Crooks and asked for financial support; and that the SMSC Business Council committed both cash and land to make the project go forward. Noted that this is an important project because of residential expansion and the orderly annexation agreement, and that he is pleased that SMSC has supported it so the project would not be further delayed. ADJOURNMENT With no further comments from Council members, a motion to adjoum was made by LeMair and seconded by Erickson With all in favor, the meeting adjoumed at 9:38 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 7