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HomeMy WebLinkAbout041706 Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes April 17, 2006 REGULAR COUNCil MEETING MINUTES April 17,2006 CALL TO ORDER: Present were Mayor Haugen, Councilmembers Dornbush, Erickson, LeMair and Millar, City Manager Boyles, City Attor- ney Pace, Public Works Director/City Engineer Albrecht, Planning Director Kansier, Finance Director Teschner, Eco- nomic Development Director Snook, Assistant to the City Manager Meyer, Communications Coordinator Oster and Ad- ministrative 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. Bryce Huemoeller, spoke regarding the Prior Lake Savage Area Educational Foundation, a 501 (c}3 created last sum- mer to support educational activities in ISD # 719. Stated that it is managed by a Board of Directors made up of citizens of Prior Lake and Savage, supplements the activities of the school district, and plans to provide services to preschoolers and adults in the future. It has conducted fund-raising and has approved grants to special programs such as scholar- ships for co-curricular activities, innovative curricula and programs that are outside the funding sources of the school. Distributed a brochure about the Foundation and invited Councilmembers to pass it along to anyone who may be inter- ested in serving on it. Jeff Evens, 5443 Fair Lawn Shores Trail, displayed photos of a residence he stated is using the public right-of-way and that he believes it should be discontinued. Also stated that Flint Road is a public road and dedicated to the public in 1952. States it has signage indicating it is a private drive and that he tried to get to the lake via that street, but a boat dock and boat lift prevented it. Invited Council members to meet with him and neighbors to discuss this and other is- sues. Comments: Millar: Stated the Foundation has been sorely needed and that committed people are involved with it. Dornbush: Concurred with Millar statements and stated she perceived a need for it and is glad someone is doing something about it. leMair: Stated the Foundation Board is a dynamic, hard-working group of people. Erickson: Concurred with previous comments. Haugen: Noted that its work has been underway for some time and that the educational environment is a critical com- ponent to the community and wished them much success. Erickson: Believes the Council had staff address Flint Road and he would like to find out whether the property was ceded to the neighborhood. leMalr: Stated that the Council looked into the issues and will continue to do so. Dornbush: Stated she would ask staff about the status of Flint Road. Millar: Stated he would be happy to meet with Evens. Haugen: Agreed that it would not be a problem to meet with Evens and asked if Evens had met with staff on the issues in recent months. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 1 City Council Meeting Minutes April 17, 2006 Evens: Replied he had sent a letter to the Council last year asking them to meet which was responded to by Albrecht. Met with staff this morning regarding some issues, and stated he is trying to get new Councilmembers aware of the is- sues. leMair: Noted that a meeting was scheduled with Evens last year and Evens was not able to attend. Haugen: Commented that Councilmember Fleming and himself also had a meeting scheduled that Evens did not come to. APPROVAL OF AGENDA: MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES: MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE THE APRIL 3, 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 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 Resolution 06-052 Approving a Final Plat and Development Contract for Deerfield In- dustrial Park 6th Addition. I. Consider Approval of Resolution 06-053 Approving a Final Plat and Development Contract for Wild Ridge Second Addition. J. Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for 2006 Spring Clean-up Day. Mayor Haugen requested that item J, Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for 2006 Spring Clean-up Day, be removed from the consent agenda. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODIFIED VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. City Manager Boyles identified the amount of the County recycling grant and stated that both Credit River and Spring Lake township residents could also participate in dropping off eligible items. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-054 APPROVING A RECYCLING GRANT AGREEMENT WITH SCOTT COUNTY FOR 2006 SPRING CLEAN-UP DAY. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. PRESENTATION Downtown Parking Report Economic Development Director Paul Snook outlined the near-term and long-term parking issues for the downtown area and identified the additional parking spaces that are available this year. 2 City Council Meeting Minutes April 17, 2006 Comments: Millar: Stated that current activities are on target by including discussion with downtown businesses and community leaders. Stated that he wants the City to keep aesthetics in mind as it moves toward redevelopment. Dornbush: Asked how long it would be before the downtown area parking reaches saturation point if nothing is done to address parking issues. Snook: Responded that it would depend upon how quickly other redevelopment happens; and, if preliminary discus- sions occurring with north side businesses materialize, it could be soon. Stated that developers need to be aware of parking needs. Dornbush: Asked if there were ideas for assuring that parking spots along Main Street are rotating rather than some- one parking in the same space all day. Snook: Replied that there will be conversation with businesses to talk about having employees and owners parking further away and leaving Main Street parking places for customers. leMalr: Stated he is glad that downtown businesses are getting involved with this and he would like to receive input on the parking issues as well as the streetscaping. Erickson: Asked ifthe meeting scheduled to discuss the parking issues is open to all. Snook: Affirmed and noted that invitations were sent to all downtown businesses Erickson: Clarified what is referred to as the north side and south side and the location of the former park-and-ride lot. Commented that a parking time limit would be a great thing, but it would need to be enforced and there are no officers for that type of duty. Haugen: Commented that the good news is that business growth is successful and it has created a parking problem. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE THIS REPORT AND DIRECT STAFF TO HAVE BONESTROO UPDATE THE 2004 STUDY IN LIGHT OF THE FOUR NEW DEVELOPMENTS UNDERWAY AND POTENTIAL NEW DEVELOPMENT/REDEVELOPMENT AND CONTINUE TO WORK WITH BUSINESSES TO ADDRESS NEAR-TERM PARKING ISSUES. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. County Road 82 Funding City Manager Boyles reported that Scott County has authorized proceeding with the CR 82 project as a result of the funding and land commitment made by the SMSC. Mayor Haugen was active in achieving this outcome. Comments: Erickson: Stated his appreciation that funding is in place to proceed and noted he has personal concerns about the Fremont intersection having no left turn access to CR 82. LeMair: Applauded the groups for getting together and working to resolve the issues of funding since it is a busy road and overdue for sidewalks and appropriate turn lanes. Stated that it is vital to the community to have the road recon- structed. Dornbush: Clarified that there will be walking/biking trails adjacent to the roadway. Millar: Thanked Mayor Haugen for spearheading this and getting it done. Haugen: Responded that it demonstrates the value of partnerships and thanked the County and SMSC. PUBLIC HEARING: Public Hearing to Consider Changing frorn Odd.Year Elections to Even.Year Elections. Finance Director Teschner outlined options that could be considered if changing to even-year elections and informed the Council that changes should be approved prior to June 1, 2006, to comply with statutory requirements. MOTION BY LEMAIR, 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 7:56 p.m. 3 City Council Meeting Minutes April 17, 2006 Comments: No person stepped forward to make comment. MOTION BY LEMAIR, 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 7:57 p.m. Comments: Millar: Expressed disappointment that no person wished to dialogue on the subject despite the fact that the hearing date time and location were publicized. Stated that when in the community, most people had expressed support for switching to even-year elections and e-mails he has received are in support of it. Commented that 90 percent of cities in Minnesota hold municipal elections in even years and that it would be a cost savings to residents. Believes the cus- tomer service aspect is important, especially to working families. Stated he is in favor of making the change as quickly as possible. Stated that even-year elections are not proposed to extend terms of existing councillmembers, and en- couraged a referendum to allow residents to vote on the issue and explained that it could not be initiated by the Council. Dornbush: Does not support the change. Commented that the City does not have an official opinion from the school board and that the school district is a partner in odd-year elections. Believes it would be difficult for local campaigns to put together a campaign committee since the same people are involved in the state and national campaigns. Also commented that she is not sure that newspapers could add extra pages to print the extra editorial letters for local cam- paigns. Believes it could be confusing to voters to have the local elections along with the state and national elections, and has a concern of having an informed electorate. Believes that, if the change were made, it would be best to wait for another voting cycle rather than adjusting terms they were elected to. LeMalr: Concurred with Millar and stated that elections on an even year is the right way for it to be done due to finan- cial savings and because more people will vote because of the broader election. Will support the change as quickly as possible and noted that he would like to see a referendum. Erickson: Stated the election should go to the even year. Believes he could vote to shorten his term, but should not vote to extend it. Haugen: Believes there is no loss of information by being added to a state or national election. Noted that it would be good to skip signage issues on the off years. Regarding length of term, believes it is not fair to shorten everyone's term. Noted that if the change to even-year elections is adopted, it would become law unless petitioned otherwise. The public can vote on the issue if they bring forward a referendum. Believes that extending terms would be acceptable because the public could weigh in with a referendum. Erickson: Clarified length of terms in different options. Millar: Believes the third option would mean everyone would run for a three-year term. Reiterated that the reason for doing this is not to extend the term, but because it is going to be good for the City in voter participation and that he en- dorses residents petitioning for a referendum so they could vote on it. Erickson: Replied that approving the second option would accomplish what we are trying to do. Millar: Noted that if a referendum were held this year, another odd-year election would not be necessary. Teschner: Stated that if a referendum were received, the Council would have to reconsider its ordinance to be specific about length of term. Noted that the Council could adopt an ordinance that changes the election from odd years to even years and remain silent about length of terms because statute has the default of extension of all terms by one year. Teschner: Stated that the first option offered in the report would direct staff to prepare an ordinance revision to simply change from odd to even years. leMair: Concurred that the first option would keep the process clean and simple, and that it has been before the public for some time and a public hearing has been offered to solicit comment. Haugen: Concurred and believes the benefits outweigh the liabilities, and the public has the opportunity to support or reject Council's initial action if they want to. 4 City Council Meeting Minutes April 17, 2006 Millar: Commented that the Council is trying to be transparent - that an editorial in the Prior Lake American implied the Council would make the change to extend existing terms, but that it is really trying to get more voters involved and hav- ing more to say about who is running the community. MOTION BY MILLAR, SECONDED BY LEMAIR TO DIRECT STAFF TO PREPARE AN ORDINANCE ESTABLISHING EVEN-YEAR ELECTIONS. VOTE: Ayes by Haugen, LeMair and Millar. Dornbush and Erickson opposed. The motion carried. Millar: Stated that it would be another two weeks before the Council voted on the ordinance change and encouraged members of the community to come forward and let councilmembers know their preferences. Public Hearing on Part I of the City of Prior Lake Wellhead Protection Plan. Public Works Director Albrecht noted that the Minnesota Department of Health requires the City to conduct a public meeting to review the wellhead protection plans. Introduced John Greer, consulting engineer from Barr Engineer. ing, who reviewed the wellhead protection plan and educated viewers on Prior Lake's wellhead protection area and the drinking water management area. During the next several months, the second part of the wellhead protection plan will be addressed dealing with the strategy for protecting wellhead areas and groundwater supply. MOTION BY LEMAIR, 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 8:35 p.m. Comments: Kathy Nielsen, Clerk of Spring lake Township, stated that some of the wellhead protection area is in the township and asked what might be requested from them. Albrecht: Replied that most of the wellhead protection area is part of the annexation area. The township will be asked about hazardous waste sites and a history of what happened on the land. Noted that the County Planning Department will be involved also. Eugene Berens, Supervisor of Spring lake Township, stated there may be a problem with ten acres located near Revere and CR 21. Albrecht: Concurred and noted that could affect how the City moves forward with that property. Berens: Believes it was supposed to be annexed already. Haugen: Stated that it was discussed at a workshop and the City is trying to work through enforcement issues with the County. MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 8:39 p.m. Comments: Erickson: Stated the report was done well. LeMalr: Remarked that anything done to protect the water supply is imperative to the community. Dornbush: Stated she is glad these things are taken care of. Millar: No comment. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO ACCEPT THE REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. 5 City Council Meeting Minutes April 17, 2006 OLD BUSINESS: Consider Approval of a Resolution Accepting Bids and Awarding a Contract for Downtown Electrical Service Connections. Public Works Director Albrecht described the project and explained the difficulty of receiving bids for this type of pro- ject. Noted that power supply disruptions in downtown area have a ripple effect with business access and varying hours of operation requiring flexibility with timelines and power connections. Displayed the area of proposed burial. Comments: Millar: Noted the project needed to be done and the funds are in place. Dornbush: Concurred. leMair: Appreciates the planning and consideration for the businesses. Complimented on staying on budget. Erickson: Wondered if it was the right move to bend over backwards for the businesses so that the City only received only one bid for the project. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.055 ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE DOWNTOWN ELECTRICAL SERVICE CONNECTIONS. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding Modifications in the City Council Meeting Format. City Manager Boyles commented on areas of apparent agreement during the last discussion of this topic. Comments: Pace: Noted some agenda items might be time-sensitive for action, i.e. complying with the 60-day rule, and would have to be acted upon even if it were later than 11 p.m. Also noted that people are often in attendance for agenda items re- garding plats. LeMair: Proposed that the agenda could reverse old business and new business sections. Boyles: Asked about the possibility of taking items out of order if many people are in attendance for a particular item. Pace: Replied that is currently done from time to time when the Mayor observes the need. Erickson: Asked if councilmembers could bring up changing the order of the agenda at the time of approving the agenda. Pace: Replied that it was not encouraged. Haugen: Stated that the City could also be sensitive in scheduling items at the beginning of the new business portion of the meeting if attendance is anticipated. Millar: Supported the proposed changes and noted that he would like larger town hall meetings to be held outside of the council meeting. Dornbush: Stated that flexibility seems to be built in with the opportunity to make a motion to continue past 11 p.m. if desired. leMair: Will support it. Erickson: Stated the City Manager did a fine job of listening. Consider Approval of Revisions to the Bylaws of the Economic Development Advisory Committee, and Ap. proval of a Resolution Appointing Members Thereto. Economic Director Snook outlined proposed bylaws changes and proposed the appointment of thirteen applicants, which would allow formation of subgroups on the committee to focus on different aspects of economic development such as business retention and expansion, business attraction and recruitment, and entrepreneurial development. Comments: leMair: After reviewing the talent and experience of the candidates, believes it would be difficult to select one from the other and including all of them would gain more experience on the committee. Stated he in favor of expanding the group. 6 City Council Meeting Minutes April 17, 2006 Haugen: Commented that the 13 candidates have a variety of connections both within and outside the committee. Believes that Chamber of Commerce Executive Director Fleck should be invited to be on the committee. Dornbush: Supports changing the bylaws and stated that she was impressed with comments of the candidates about their interest in participating in order to give back to the community. Millar: Stated he is an advocate of tapping into the talent of community and believes the ideas and energy of the can- didates will be extraordinary. Erickson: Asked if council members to this committee are members or liaisons. Snook: Liaisons. MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE RESOLUTION 06-056 AMENDING THE BYLAWS FOR THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Pace: Commented that the resolution should specify the amendments to the bylaws. Boyles: Responded that the accompanying bylaws were the originally approved bylaws rather than the proposed revi- sions. Haugen: Directed that since the Council concurs, the revised bylaws and appointments should be brought to the next Council meeting for formal approval and the committee's initial meeting scheduled for April 27, 2006, would still be held. NEW BUSINESS: Consider Approval of a Resolution Approving a Prelirninary Plat to be Known as Maple Glen 3rd Addition. Planning Director Kansler outlined the preliminary plat plans and displayed the area on a map. She noted that the wetland mitigation has not yet been done; and that no dedicated parkland is in this plat, but that there are nearby park lands in adjacent plats and a park land dedication fee is proposed. Public hearings have been conducted. Comments: Erickson: Asked if there would be trails from these home sites to the adjacent parks. Kansler: Described the trails along the streets around the lakes to 170th street. Erickson: Clarified that a family on bicycle can take a trail all the way to the park and connect with other trails on Vil- lage Lake Drive. Kansler: Concurred. leMalr: Stated he has watched this plat development through the Planning Commission and is comfortable with condi- tions that to deal with storm water. Dornbush: Stated that it looks like concerns of planning commission have been addressed. Asked about tree re- placement. Kansler: Replied with replacement requirements and said that a landscape plan will be included with final plat. Millar: Noted that the Planning Commission did due diligence especially with water conditions. Also stated that he hates to see mature trees taken down, but understands the need. Will support. Haugen: Complimented the Planning Commission, staff and developer in dealing with all of the concerns involved. MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE RESOLUTION 06-057 APPROVING THE PRELIMINARY PLAT OF "MAPLE GLEN 3RD ADDITION" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. pTHER Dornbush: Thanked Sandi Fleck for organizing Ladies Night Out and noted it was well attended. Erickson: Stated that the ISD #719 partnership dinner will be on Thursday. Haugen: Stated that the PAR task force continues and meetings are scheduled for the next two Thursdays. Boyles: Stated that a joint SCALE and BA TC meeting would be held to seek agreement on how to calculate park dedi- cation fees. 7 City Council Meeting Minutes April 17, 2006 Haugen: Stated that meetings are underway for the Fire Station No.2 building and an aerial platform truck. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Millar. With all in favor, the meeting adjourned at 9:29 p.m. Frank Boykls, 2:rl.JI (I1t~~o~ ~ Charlotte Green, Recording Secretary " 8