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HomeMy WebLinkAbout06 20 11 City Council minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 20 , 2011 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d- berg, Keeney and Soukup , City Manager Boyles, City Attor ney Pace , Fire Chief Hartman, Fina nce Dire c tor Erickson, City Engi neer Poppler, Planner Matzke, Building and Transportation Services Director Kansi er, Assistant City Manager Meyer and Administrative Assi s tant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opp ortunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather tha n pr i- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Deve lopment Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: Lee Hoese, 4641 Pleasant Street, reiterated comments made at a public meeting held about the CR 21 o p- tions. Stated he is unaware of anyone who favors realignment and he hopes the Council considers that. Believes it would not be right t o tear down homes and build a road in that area. Liddy Flom, 4655 Pleasant Street, wants the Council to consider the historical perspective of the neig h- borhood that would be removed with a CR 21 re alignment. Ron Wo lfram, 4612 Pleasant Street, stated he had presented a suggestion at the public meeting for a CR 21 alternative and wondered if his suggestion was brought to the Council’s attention as there are still only three proposals listed. Stated he would present h is proposal to the Council if re quested and does not want just the three current proposals considered. Comments: Myser : Stated that the Council thought it important to get public feedback on the CR 21 proposals and two public meetings were scheduled an d attended by Council. The input received will be considered during the decision process. Hedberg : Added that t onight’s agenda is not about any prospective realignment, but rather on proceeding on the Arcadia intersection, which has been in the City’s p lans for several years. No matter which a ltern a- tive i s chosen, changes must be made to the Arcadia intersection. H oese : C larified that it is just the Arcadi a intersection being considered at this time. Boyles : Stated that regardless of any realignment option, the stop sign currently at Main /CR 21 must be relocated to Arcadia /CR21 because it is too close to Hwy 13. The intersections will cease to work if the stop sign is not moved. H oese : Believes the Arcadia construction is relevant to the realignment option chosen as it could impact the angle of the intersection. Poppler : Displayed the intersection preliminary design and described the CR 21 options. Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com APPROVAL OF AGENDA Keeney: Requested that items 9A and 10A be presented immediately after the Co nsent Agenda since he needed to leave the meeting at 8 p.m. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE THE AGEND A AS MODIFIED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HE DBERG, SECOND BY SOUKUP TO APPRO VE THE MINUTES OF THE JUNE 6 , 2011 MEETING AS PR E SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Con sider Approval of Invoices to be Paid. B. Consider Approval of May 2011 Treasurers Report. C. Consider Approval of Building Permit Summary Report. D. Consider Approval of Animal Control Services Report. E. Consider Approval of Fire Department Report. F. Consider Approval of a Refuse Hauler License for Suburban Waste Services. G. Consider Approval of Refuse Hauler Permit Renewals for 2011 - 2012. H. Consider Approval of Ordin ance 111 - 06 Amending Sections 605.700 t hrough 605.900 of the City Code to Updat e the Vacant Building Provisions to be Consistent with Minnesota Statutes. I. Consider Approval of a Resolution 11 - 072 of Support for S ubmittal of an Application for a Congestion Mit i- gation Air Quality (CMAQ) Grant for BlueXpress. J. Consider Approval of a Final Payment to Shaw Lundquist Associates Inc for Construction of Police Station and City Hall . K. Consider Approval of a Temporary Liquor License for the Lakefront Jazz and Blues Festival. L. Consider Approval of Resolution 11 - 073 Approving the Fina l Plat & Development Contract for Jeffers Pond 4 Addition. th M. Consider Approval of Resolution 11 - 074 to Approve a Combined Preliminary and Final Plat to be known as Berggren Beach. MOTION BY ERICKSON , SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS PR E- SENTED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSINESS Consider Approval of Three Resolutions Related to the Arcadia and CR 21 Intersection Improv e- ment Project: 1. Authorizing the Mayor and City Manager to E xecute the City's Standardized Contract for Geotechnical Se r vices. 2. Authorizing and Directing City Representatives to Make Offers or Use the Power of Eminent Domain to Acquire Certain Lands, Easements and Other Rights and Interests for the Pu r- pose of the Co nstruction. 3. Directing WSB to Proceed with Final Design. 2 06 20 11 City Council meeting m inutes City Engineer Poppler described actions needed to move forward with the project. Summarized the project: the addition of turn lanes, connection of Arcadia to CR 21 to the south, and the addition o f m e- dians, sidewalks and trails. Stated the preliminary design is complete. Described the bids received for soil bo r ings that were solicited. Poppler displayed parcels that would be impacted and stated the City will work with property owners to a c- quir e the necessary right - of - way for the property. Appraisals have been co m pleted. Poppler stated the third proposed resolution is to order the project to proceed with the final design, solicit bids this fall and enter into a cooperative agreement with the County. Noted that the proposed design ties in with the baseline option for CR 21. If the realignment option is decided upon, some of the right - of - way purchases could be used for that option as well. If a realignment option is chosen, streetscaping an d choice of signal style could be impacted so that element of design will be delayed until a decision is made. Comments : Keeney : Queried whether all of the parcels depicted would be ne eded . Poppler : Responded that stormwater components would use these properties. Noted that driveway a c- cesses and grading also impact the needed right - of - way. Keeney : Clarified that no arrangement s have been reached with landowners . Poppler : Affirmed. Keeney : A sked for explanation of why the quick take procedure might be needed. Poppler : Replied that it allowed the City to move forward with making offers or using eminent domain . Keeney : Stated he is uncomfortable with includ ing the quick take option at this time. Erickson : R eiterated that this project is required no matter which CR 21 option is chosen , adding that some design aspects would be of a temporary nature if the realignment option is chosen. Poppler : A ffirmed , stating there would be a temporary signal system with wooden poles vs. steel. Street s- caping eleme nts would be more modest rather than complying with downtown streetscaping r e quirements. Erickson : Asked what kind of streetscap ing would be considered in the neighborhood. Poppler : Replied it could include some sort of raingarden feature and undergroun d chamber system for stormwater, some signage and benches on the corners. Erickson : Asked about the impact of extending Arcadia to the south . Poppler : Replied that the baseline option and the 2005 Corridor S tudy showed a connection to Ple a sant. A redeve lopment project for the downtown could have determine d how that reconnection would have o c- curred. Erickson : A sked P oppler to describe the other scenarios that could occur . Poppler : Described the 2005 Corridor Study proposal. Soukup : Asked about a te mp orary easement on church property . Poppler : Replied that a driveway would have to be re built to make the roads and sidewalks work. Soukup : Asked if the temporary easement would just be for one summer. Poppler : Replied it would be for 2012 . Soukup : As ked if the street to the church will be closed during construction and traffic redirect ed through neighborhoods. Poppler : Affirmed. Soukup : Asked if the s peed limit on CR 21 will be reduced. Poppler : Replied it is planned to remain the same as it is n ow; though there will be a median which tends to slow traffic down. Soukup : Asked if Colorado/Arcadia will have a stop sign . Poppler : A ffirmed that there will be stop sign s on Colorado as it approaches Arcadia from either direction. 3 06 20 11 City Council meeting m inutes Soukup : F avors mo ving forward with the Arcadia intersection as traffic will be increasing and changes must be made to accommodate it. Believes som e people will have to move and the City should remain sensitive to that. Hedberg : Recalled that the Council voted i n 2007 - 200 8 to get this intersection project in the CIP . Because of comments made during the Public Forum, r e viewed why this project is important. Reiterated that CR 21/Main is a problem intersection at some times during the day because Main is so close to Hwy 13. Tra f- fic on CR 21 is expected to increase 2.5 times over the next several years. Believes that the completion of the CR 21 to Hwy 169 will cause the traffic volumes to increase quick ly and reconnecting Arcadia to the south will be important i n order to k eep downtown connected. Noted that if the Council chooses the base case, this design will be final. If a decision is made to realign CR 21, some elements of this intersection project will be done in a temporary fashion. Asked w hen A rcadia was first clos ed. Poppler : Replied it was in the late 19 80s, or early 19 90s. Hedberg : Believes it is important to establish a way for businesses and residents to get around dow n town . Anticipates the County might tell us to close cross traffic at Main in the next two to three years. Myser : A sked what the steps are for right - of - way acquisition. Poppler : Replied that appraisals must be completed . Staff works with property owners on appraisals, and they can also choose to have the ir own appraisal done. Price is negot iate d . If an agreeable value is not found after two appraisals, the next step would be to move to the eminent domain process. Pace : Added that the eminent domain process must show public purpose and s treet improvements are a public purpose. Described t he quick take type of condemnation which can be completed in 90 days when property is needed quickly; as well as a slower process that could allow the City to back out of the procee d- ings. Noted that any eminent domain proceeding must have an arms - length t ransaction – an offer to buy the property at a fair value - a nd the City has to demonstrate that it went through that process. Myser : Asked a bout an individual that is indicating a lack of interest in selling property and whether staff knows if he does not want to move o r if there are pricing issues. Boyles : Replied that the individual feels strongly ; and the City takes tha t seriously and wants to treat the indi vidual with respect. Noted that e minent domain is intended to establish fair value for prop erty that is needed for the public good. There are costs associated with it that cause the City to prefer using the arms - length procedure. Keeney : Stated he is uncomfortable with asking someone to move in 90 days. Poppler : Replied that staff will be wo rking with people for six to nine months before starting the process. Erickson : Noted that the City has not ever used eminent domain , but rather has avoided it because of added legal costs . MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 11 - 0 75 AUTHORIZING BRAUN INTERTEC TO PROVIDE GEOTECHNICAL SERVICES FOR THE ARCADIA AND COUNTY ROAD 21 IMPROVEMENT PROJECT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY ERICKSON TO APPROVE RESOLU TION 11 - 076 AUTHORIZING AND DIRECTING CITY REPRESENTATIVES TO MAKE OFFERS AND THE CITY MANAGER AND CITY ATTORNEY TO USE THE POWER OF EMINENT DOMAIN TO ACQUIRE CERTAIN LANDS, EAS E- MENTS, AND OTHER RIGHTS AND INTERESTS FOR THE PURPOSE OF THE CONSTRUCTION FOR THE ARCADIA AND COUNTY ROAD 21 IMPROV E MENT PROJECT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 4 06 20 11 City Council meeting m inutes MOTION BY SOUKUP, SE COND BY HEDBERG TO A PPROVE RESOLUTION 11 - 077 ORDERING THE ARCADIA AVENUE AND C R 21 INTERSECTION IM PRO VEMENTS AND AUTHORIZ ING WSB AND A S- SOCIATES TO PR O CEED WITH FINAL DESIGN. Erickson: Sought clarification about whether the motion should be for the final design since it has not been determined whether the signal lights and streetscaping will be of a temp orary or permanent design. Poppler : Replied that many of the design elements can be completed before the decision is made about streetscaping or signal lights. Those elements won’t be designed until a decision for the CR 21 option has been made. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of Resolutions Regarding the Liquor License Renewals for 2011 - 2012. City Manager Boyles reviewed the process of renewal reminders, background check s, etc. that is followed for liquor license renewals. Noted that The Cove license is recommended for renewal subject to obtaining a conditional use permit within 180 days ; and the Memories on Main license is recommended for renewal subject to the conditio n of continuous cooperation with the police depar t ment. Comments: Hedberg : Commen ted that liquor license renewal is a routine, but important step. Many people want re s- taurants or access to liquor for occasional enjoyment, but it can also be a potentia l source of criminal activ i- ty or violations that can disturb the community. License holders pay significant fees for the right to serve. The Cove and Memories on Main are unique situations and the Council wants to pay attention to those needs. Soukup : Encouraged license holders to check identifications and avoid violations . Will su p port. Erickson : C oncur s this is an important responsibility. Asked if the violations that have occurred over the past five years were part of compliance checks. Boyles : B elieves they were all the result of a compliance check. Erickson : Queried about the large difference in the amount of license fees between on - sale and club l i- cense. Boyles : Responded that off - sale license fee s are set by state statute , but on - sale lic ense fees can be e s- tablished by the City. Prior Lake sets the fees related to the cost of enforcement. Erickson : Noted that a c lub liquor license is state mandated based on how many members there are in the club. Queried about the membership level of th e VFW. Boyles : A round 500 members. Erickson : Stated that a restriction of a club liquor license is that it is for club members only. Noted that the Savage Legion decided to request a full liquor license rather than a club license this year. Keeney: Commented that when considering fees, the City looked at the cost of administering, co m pliance checks, prosecution costs, etc. Noted that c osts are considerably higher than the amount of fees co l lected. Understand s the situation with the Cove and Memorie s on Main require s the additional cond i tions. Myser : Reviewed the history and conditions for the liquor license for Memories on Main. Erickson : Added that Memor ies on Main should also follow City Co de to avoid violations about signage, etc. Pace: Commented that violating liquor control ordinance provides that violation of any condition approved by the Council upon licensing is a civil offense not dependent upon any underlying misdemeanor or convi c- tion so if there is a violation of any of the condi tions, the City will not have to go through any judicial process before acting upon the license. 5 06 20 11 City Council meeting m inutes MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 079 AUTHORI Z ING APPROVAL OF A LIQUOR LICENSE RENEWAL FOR 2011 - 2012 FOR THE COVE. VOTE: Aye s by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 - 080 AUTHORIZING APPROVAL OF A LIQUOR LICENSE RENEWAL FOR 2011 - 2012 FOR S ASSY’S INC dba MEMORIES ON MAIN. VOTE: Ayes by My ser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 - 078 AUTHORIZING APPROVAL OF LIQUOR LICENSE RENEWALS FOR 2011 - 2012. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. T he motion carried. Councilmember Keeney left the meeting at 8:15 p.m. PRESENTATION Prior Lake Rotary Jazz and Blues Festival Rotary representative Kyle Haugen introduced other members of the planning committee and provided information about the Jazz an d Blues Festival on July 16. Stated that Rotary’s objective in hosting the event is to help create a financial means to give back to the community as well as provide an af fordable, fun event. Provided Website address , www.lakefrontjazz.com , for more info r mation. Comments: Erickson : Asked if motorcycle parking will be on the asphalt courts . Haugen : Affirmed that motorcycle parking will be on asphalt and kickstand su p ports will be provided . Erickson : Asked i f residents will have access to the community ga r den. Haugen : Replied that the garden area will be a staging area. There will be access in the morning, but not the afternoon. Erickson : Suggested that information be sent to garden plot holders . Asked if the organizers are looking for volunteers other than Rota rians. Haugen : Replied that more volunteers are needed and people can go to the event Website and click on the v olunteer link to choose the time and activity for which they would like to voluntee r . Hedberg : Commented that this event puts Prior Lake on the map across the region and beyond. Soukup : Complimented the lineup of performers. Noted that attendance buttons can be purchased at City Hall. Myser : Complimented the Rotary on its out standing job organizing this event l ast year . Haugen : Noted that work ing with C ity staff assure d that the event went off without a hitch in the first year and they were better able to anticipate problems this year. Complimented staff. Myser : Asked about vendors. Naya: Replied that there will be 24 food vendors and ten craft vendors at the event. City Staff Reorganization City Manager Boyles announced a recent staff reorganization explaining that the purpose was to best place the organization in a strategic position to meet challenges. He identified objectives of increase d abil i- ty to provide economic services, add ed capacity to natural and water resources, dedicate d resources to f a- cility management, attention to key management responsibilities, efficiency and employee development. Expect s to make the changes within the confines of current budget. 6 06 20 11 City Council meeting m inutes Comments: Soukup : Concurred that sometimes reorganization is need ed to restructure, reassess situation s and see where people fit in. Confirmed tha t there are no budget adjustments at this time. Hedberg : Commented that two valuable senior managers decided to take their careers elsewhere . Co m- plimented the City Manager and Assistant City Manager for turning lemons into lemonade by r ealigning the re so urces of the C ity to better support critical priorities. Believes this structure will align with City’s needs. Erickson : Noted the City Manager has the responsibility to hire staff and has made some great hiring d e- cisions over the past few years. Myse r : Asked when the new Public Works / Natural Resources Director begins employment. Meyer : Replied that Katy Gehler s tarts on July 11 and will be at the July 18 Council meeting. PUBLIC HEARING No public hearing was scheduled. NEW BUSINESS (CONTINUED ) Consider Approval of a Resolution Declaring the City's Intent to Participate in the State of Minnes o- ta's Standard Measures Program and Adopting the Ten Performance Benchmarks. Finance Director Erickson stated that th e State Auditor ’s Office (S A O) has put together ten perfo r mance benchmarks for cities and counties to consider adopting . The S A O has o ffered incentives for parti c ipation with a c urrent impact of the incentive per capita totaling $3,200 and a potential exemption from levy limits . The proposed resolution provides strategic positioning for handling levy limits in the future in addition to a d- dressing the benchmarks proposed by the SOA. Comments: Hedberg: Supports adoption of the proposed benchmarks. Noted there are immediate incentives that are worthwhile ; and, the City has already adopted a financial scorecard reporting on key metrics and has di s- cussed adopting additional metrics for various City functions. Soukup : Believes every organization has evolving needs to raise performance standa rds as there i s a l- ways room to modify and improve. This is great way to participate. Will su p port. Erickson : Commented that the proposal is designed to focus on goals that add to efficiency . Noted that eleven people served on the c ouncil that developed this with no reimbursement. Thanked them for their service. Myser : Stated he likes the opportunity to get feedback from the residents and suggested focus on that a s- pect of th e proposal ’s deliverables. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 - 07 1 DECLARING THE CITY’S INTENT TO PARTICIPATE IN THE STATE OF MINNESOTA’S STANDARD MEASURES PR O- GRAM AND ADOPTING THE TEN PERFO R MANCE BENCHMARKS. VOTE: Ay es by Myser, Erickson, Hedberg and Soukup. The motion carried. OTHER BUSINESS Commun ity Events Soukup: R e minded the public that the Council will not be back in session until July 18. Wished all a great 4 of July and to be safe and have a responsibly good time. th Erickson: SMSC having free concert and fireworks at its new amp h itheatre o n July 4. Myser: Noted that there is free parking Monday through Friday at the Sand Point Beach parking lot. 7 06 20 11 City Council meeting m inutes ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by E rickson and seconded by S oukup . With all in favo r, the meeting adjourned at 8:58 p.m. _ ___ _______________________________ __ ________________________________ _ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8 06 20 11 City Council meeting m inutes