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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA -- November 20, 2006 6:00 p.m. Fire Station No. 1 Work session 5:00 p.m. Budget Workshop #3 Future Personnel! Ordinance Issues This meeting is open to the public. 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 govemmental 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 NOVEMBER 6,2006, 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 Building Permit Reports. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract for the County Road 21 Street Light Installation. G. Consider Approval of a Resolution Approving a Final Plat and Development Contract for Deerfield Industrial Park 7th. H. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Agreement with Braun Intertec for GeotechnicallTesting Services Associated with the Water Treatment Facility. I. Consider Approval of a Resolution Authorizing Solicitation Of Quotes For Well No.8 Appurtenant Equipment and Site Work. 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 November 6, 2006 Draft REGULAR COUNCIL MEETING MINUTES CALL TO ORDER: Present were Mayor Haugen, Councilmembers Erickson, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Water Resources Engineer Bintner, Economic Development Director Snook, Police Chief O'Rourke, Assistant to the City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. Councilmember Dornbush was ab- sent. 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 min- utes; 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 govemmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. City Manager Boyles reviewed the concept of the public forum. Kathleen Merrill, 5912 Hidden Oaks Circle, addressed the Council regarding dangerous or aggressive dogs. She distributed information about pit bulls and ordinances adopted by other cities. She requested the Council to con- sider ordinance that would restrict ownership of dangerous dogs in the City. Referred to her own experience and that of her neighbor with another neighbor's pit bull dog and that she was afraid of it. Comments: Boyles: Asked if the neighbor reported his biting incident to the police department. Merrill: Replied he did not, but that it was treated at the hospital and is on record there. Boyles: Noted that the City already has a potentially dangerous dog ordinance. Pace: Concurred and stated that Prior Lake's ordinance seems to be in alignment with Burnsville and Savage. Boyles: Informed Merrill that the first step in process is to contact the police department and the ordinance cannot be enforced if incidents are not reported. Merrill: Responded that her neighbor doesn't choose to do that. Commented that the neighbor's ownership of a pit bull makes her consider selling her home. Commented that she experienced aggressive behavior from the dog and did not realize that she should have reported it. Haugen: Stated that most insurance companies will not insure a home with a pit bull on the property. Would like staff to do analysis of the existing ordinance and determine if there are any modifications that need to be made. Millar: Agrees that pit bulls have a reputation for being dangerous; but has had experience of dog bites that ex- tends beyond that breed. Agrees that ordinance should be reviewed. Pace: Commented that City ordinance parallels state statute. Haugen: Asked staff to identify elements of current ordinance, review other community ordinances, consider whether or not it should be changed and bring a report back to the Council. Merrill: Reiterated that she believes there is a dangerous situation next to her property. O'Rourke: Commented that the City revise the dangerous dog ordinance about three years ago and it is more strict than state statute because it does not allow a dangerous dog to stay within the city limits. Noted that the or- dinance prohibits stating a particular breed is dangerous and restricting an animal has to be incident driven. Haugen: Noted that the report to the Council could create awareness to the public about how important it is to file a report. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes November 6, 2006 Draft LeMair: Asked if aggressive behavior could be reported or must there be a biting incident. O'Rourke: Replied that if a dog is on its own property, the police would have to determine provocation Erickson: Commented about unleashed dogs in parks and that we could consider signage at park entries. O'Rourke: Noted that it is city-wide ordinance that dogs have to be on leash when off its own property. Erickson: Should look at enforcement of that. APPROVAL OF AGENDA: MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS READ. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES: MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE OCTOBER 16, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE OCTOBER 30, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. 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 06-191Authorizing the Mayor and City Manager to Execute a Quit Claim Deed Releasing the City's Interest in the Former T J Towing Property (Village Commerce Build- ing). C. Consider Approval of Resolution 06-192 Accepting Bids and Authorizing the Execution of the City's Standardized Contract for Electrical Equipment and Installation Services for the Wells No.8 and 9 Pro- ject. D. Consider Approval of Resolution 06-193 Authorizing Staff to Solicit Quotes for Geotechnical I Testing Services Associated with the Water Treatment Facility. Councilmember LeMair requested removal of item 5B due to his involvement in the project. Mayor Haugen com- mented that he does not have a financial involvement in the project and can vote on it. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA WITH ITEM 5B REMOVED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE ITEM 5B, CONSIDER APPROVAL OF RESOLUTION 06-191 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED RELEASING THE CITY'S INTEREST IN THE FORMER T J TOWING PROPERTY (VILLAGE COMMERCE BUILDING). VOTE: Ayes by Haugen, Erickson and Millar. LeMair abstained. The motion carried. PRESENTATION Presentations to Tony Stamson and Pat McFadden, Outgoing Advisory Committee Members 2 City Council Meeting Minutes November 6, 2006 Draft City Manager Boyles commented on the work of various committees, the work they do and the importance of the volunteer roles that citizens perform by working on them. Tony Stamson has served on the Planning Commission for nine years and his eligibility for continued on that commission has expired. Mayor Haugen presented a plaque to Stamson and McFadden and expressed appreciation for their years of service. Stamson: Thanked the Council for the recognition. Boyles: Commented on Pat McFadden's contribution to the Parks Advisory Committee and noted that McFadden is resigning due to relocation. McFadden: Stated that it was fun to serve on the committee and encouraged others to become involved to learn how the business of a city is conducted. Economic Development Report Economic Development Director Snook highlighted recent development activities in the City and commented that Tractor Supply Co. plans to open this quarter. Stated that the City did not receive a Livable Communities grant. Reported that the Economic Development Advisory Committee discussed the possibilities of a business incubator in Prior Lake and Scott County and considered partners in the effort. He gave examples of how the con- cept works in Elk River. Comments: Millar: Asked about the status of Premiere Dance Academy. Snook: MPCA is looking at the property to learn the necessary level of clean-up. They want to raze the old build- ing this quarter and have a pad ready for construction in the spring. LeMair: Asked about the status of the Busse Bus Company. Snook: Replied that they are on track with timelines in their agreement. LeMair: Asked if there is room for the considered EM expansion. Snook: Replied that they would potentially use six or seven lots. Stated that a new wood extrusion company is moving here from Burnsville and they will use a one-acre spot. Erickson: Asked if the lease that Premiere Dance signed with South Lake Village is to supplement their space in the library building. Snook: Affirmed. Erickson: Asked if the new dance studio is the same type of dancing as Premiere Dance Academy. Snook: Believes that it is and commented that it is a start-up company for this owner. Haugen: Asked for status report on Triple Play. Snook: Replied that it will open in November. Resolution Declaring the Week of November 13 -19,2006, as Minnesota Chemical Health Week in Prior Lake. MOTION BY LEMAIR, SECONDED BY MILLAR TO ADD ITEM 7C, A RESOLUTION DECLARING THE WEEK OF NOVEMBER 13 -19 AS MINNESOTA CHEMICAL HEALTH WEEK IN PRIOR LAKE. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Mayor Haugen read the proposed resolution that would declare Chemical Health Week in Prior Lake and introduced Janine Alcorn. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-194 DECLARING THE WEEK OF NOVEMBER 13 -19,2006, AS MINNESOTA CHEMICAL HEALTH WEEK IN PRIOR LAKE. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. 3 City Council Meeting Minutes November 6, 2006 Draft Alcorn: Thanked the Council for its support and commented that it is important for a community be aware of pre- vention efforts. She spoke of activities going on in the schools for Chemical Health Week and the history behind the symbolic wearing of red for the week. PUBLIC HEARING Consider Approval of a Public Hearing to Consider Approval of the Issuance of an On-Sale Intoxicating and Sunday Liquor License for the Lakehouse Grill. City Manager Boyles presented the request for license for the Lakehouse Grill. MOTION BY LEMAIR, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 7:04 p.m. Comments: No person stepped forward to speak. MOTION BY MILLAR, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 7:05 p.m. Comments: All council members indicated support of the request. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE ISSUANCE OF AN ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR THE LAKEHOUSE GRILL. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. OLD BUSINESS: Consider Approval of a Report Regarding the Proposed Cost Sharing for County Road 21 and Jeffers Pass I Coachman Lane Traffic Signal. Public Works Director Albrecht addressed the hazards of the roadway including school traffic and speeds of 50 mph. Stated that the County approved paying half the cost of a semaphore and the City proposed sharing the remaining cost with the school district for an amount estimated at up to $150,000. The school district indicated by letter that their share should be $50,000 to be paid to the City over a period of three years. Staff does not believe that is equitable, and Albrecht expressed concern that the County might reallocate their funds if it appears the City and school will not support the remaining cost. Comments: LeMair: Stated the City decided there should be a light at this location and made fair offer to school to split our half of the costs. Believes the school should pay their portion and the City could carry it over three years. It needs to get done no matter what. Erickson: Noted that the school received the land because of the City's negotiation and the County did not feel it was good placement for school but is still willing to pay for half the cost of the light. Believes the school should be paying their half of the City/school share. Millar: Agrees the City stepped up to get the school built and even donated parkland to assure the school's eligi- bility for Department of Education credit. Believes all parties recognize the need for the traffic signal. 4 City Council Meeting Minutes November 6, 2006 Draft Haugen: Commented that the whole Jeffers project has been great example of partnership. Stated that the County has offered $150,000 and it is not too much to ask the school district to pay $75,000 of the remaining $150,000. NEW BUSINESS Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for: 1) One 2006 Model, 100-foot Articulating Aerial Platform Fire Truck, and 2) 2006 Model 1500 G.P.M. Fire Pumper Truck. City Manager Boyles reviewed the need for the proposed trucks. Specifications have been prepared. Relayed the timeline for receiving bids, and commented that efforts are being made to have a pumper truck built with a 2007 chassis with 2006 engine for cost saving. Comments: Erickson: Asked about the importance of the new environmental standards on 2007 model. Sames: Replied that they weighed the benefits of emission system and have heard negative feedback regarding loss of horsepower, which is key for pumping capacity. NFPA regulations say that no horsepower lag can be al- lowed and the 2007 emissions standards would affect horsepower. Since the vehicle is not driven over the road daily, feel environmental impact is less. Millar: Will support. LeMair: Will support. Haugen: Noted that the committee evaluated many options to come up with these specifications. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-195 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR: 1) ONE NEW MODEL, 100- FOOT ARTICULATING AERIAL PLATFORM FIRE TRUCK, AND 2) NEW MODEL 1500 G.P.M. FIRE PUM- PER TRUCK VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Completion of a Compensation and Classification Plan and Authorizing the Mayor and City Manager to Enter Into a Professional Services Agreement There- fore. Assistant to the City Manager Meyer explained that Springsted is recommended because they bid a not-to- exceed cost, compared to others that would have additional costs; the classification system they proposed was been created for use in local government and has been court-tested and found acceptable; and, they have suffi- cient personnel to complete the task. Comments: LeMair: Commented that the compensation plan is necessary and must be reviewed continuously and that it ap- pears Springsted is tested and will take care of us. Erickson: Asked about post-contract services provided for no cost for one year that is listed with another bidder. Meyer: Responded that the recommend bidder will also do so. Erickson: Noted that he relies on staff for analysis, but is reluctant to pay the additional costs of this bidder. Commented that both bids are under budget, and asked if Springsted is worth the extra money. Meyer: Replied that the Laumeyer bid does not include a classification system and the bid specified that should be included. These will be add-on costs to their bid. Millar: Stated that this seems to be a case where the lowest bid isn't the best bid. Springsted seems to be safe bet and conducting the compensation and classification plan is required by state government. Haugen: Calculated the difference between bids may be less than $4,000. 5 City Council Meeting Minutes November 6, 2006 Draft Boyles: Stated it is important to have a systematic process to incorporate input to avoid employees feeling that their position has been misgraded. The process needs to be defensible and their copyrighted system is what Springsted is selling. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-196 AWARDING THE CITY'S STANDARD PROFESSIONSL SERVICES CONTRACT TO SPRINGSTED INC. FOR THE COMPLETION OF A CLASSIFICATION AND COMPENSATION STUDY. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report from the Fire Station No.2 Committee Recommending a Firm to Pro- vide Architectural Services and to Enter into a Modified AlA Contract for Architectural Services as Ap- proved by the City Attorney. City Manager Boyles explained the process used to receive ten proposals and interview four architects. Com- mented on the initiative of I & S Architects in designing a concept plan and site plan and the favorable references received for them. Comments: Millar: Noted that I & S has built a number of fire stations. Will support. LeMair: Will support. Erickson: Will support. Haugen: Commented on the energy and work ethic brought to the interview by I & S. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06-197 APPOINTING I & S ARCHITECTS AND ENGINEERS TO PROVIDE ENGINEERING SERVICES FOR THE PRIOR LAKE FIRE STATION NO.2 PROJECT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A MODIFIED AlA AGREEMENT THEREWITH. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report from the Lake Advisory Committee Regarding Winter Lake Use Regula- tions. Assistant City Engineer Poppler and Water Resources Engineer Bintner presented the report. Commented that the Lake Advisory Committee determined it wanted to address current issues rather than consider the history of incidents for the winter use of lake access. The report highlighted three primary winter-use issues of on-ice park- ing problems and resulting safety and property damage issues, Sand Point Beach winter access and late night ac- cess at Shady Beach. Councilmember Erickson added that ordinance amendment recommendation regarding parking on the ice could be any number of feet from shore, but that it should be no less than 75 feet. Comments: Erickson: Asked what part of winter use lake access recommendations the Parks Advisory Committee did not agree with. Bintner: Replied they would prefer to close the winter access across Sand Point Beach and use the DNR access instead. LeMair: Why. Bintner: Replied that the access is not built to take winter use and needs repaired annually. Erickson: Noted that this would be the first year of using DNR site and it is unknown if it will work well. 6 City Council Meeting Minutes November 6, 2006 Draft Albrecht: PAC states there is damage with use of the bituminous trail. It needed to be rebuilt and sand hauled onto the beach. Drivers also encroach on other areas of the park causing damage. If that access should be used, it should be redesigned and rebuilt. Erickson: Stated the LAC wants to test the DNR access to see if would work; if not, then would want long-term solution for Sand Point. Millar: Asked how 75-foot parking on the lake would be posted. Bintner: At accesses. Millar: Asked how the user would know where 75 feet is. Erickson: Replied it would keep people from parking on the beach and the Sheriffs department would take care of enforcement, warnings, etc. Pace: Asked if vehicles would be towed at the owner's expense. Haugen: Replied that the committee conducted results-oriented discussion and such details would be planned later. Endorses 125-150 feet for minimum distance for parking from shore to provide visual and noise protection for property owners along the shoreline. Erickson: Emphasized funds for signage and to enforce Shady Beach after-hours closure. Poppler: Requested direction on process desired, whether or not the Council wished to have a public hearing prior to passing an ordinance amendment. Haugen: Commented there have already been public meetings. LeMair: Believes parking should be a minimum of 150 feet from shore. Glad that the committee is recommending the Shady Beach access be left open. Noted that fishing house could still be placed anywhere, just can't park there. MOTION BY LEMAIR, SECONDED BY ERICKSON TO DIRECT STAFF TO DEVELOP ORDINANCE REQUIRING VEHICLES TO PARK 150 FEET FROM THE SHORELINE AND TO DEVELOP THE ORDINANCE WITHOUT A PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. MOTION BY ERICKSON, SECONDED BY LEMAIR TO INCORPORATE THE FOLLOWING ASPECTS INTO ORDINANCE DEVELOPMENT: SIGNAGE, KEEPING THE DNR ACCESS OPEN DURING WINTER, AND LEARN THE COSTS FOR ENFORCEMENT. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. OTHER Millar: Asked when CR 82 would reopen. Albrecht: December 1. A four-way stop will be used until semaphores are ready for installation. Millar: Reminded viewers to vote. Haugen: Complimented the Rotary Club for its firefighter appreciation dinner. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Mil- lar. With all in favor, the meeting adjourned at 8:26 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 7 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. Presentation on Available Property Tax Relief Programs B. Presentation on 2030 Comprehensive Plan. 8. PUBLIC HEARINGS 9. OLD BUSINESS A. Consider Approval of an Ordinance Amending the Tree Preservation Requirements of the Zoning Ordinance. 10. NEW BUSINESS A. Consider Approval of a Report on the City of Prior Lake Water Supply Plan. B. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract for Completion of Well 9. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. B. Executive Session. 12. ADJOURNMENT