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HomeMy WebLinkAbout062104 Regular16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES June 21,2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Schmitt, Community Development Director Rye, Planner Kirchoff, Public Works Director Osmundson, City Engineer Albrecht, Communications Coordinator Oster, and Administrative Assistant Meyer. Councilmember Blomberg was not in attendance. 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. Bo¥1es: Reviewed the procedure for the public forum. No persons were present to address the Council. APPROVAL OF AGENDA: Zieska: Requested adding an item under Councilmember reports. Hau~en: Requested adding a presentation item under presentations regarding the Boone, Iowa / Prior Lake annual youth baseball tourney. Boyles: Requested addition of an item under New Business to consider directing staff to work with the SMSC on a cooperative agreement. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE JUNE 7, 2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Control Report. (E) Consider Approval of Monthly Fire Call Report. (F) Consider Approval of Refuse Haulers Permit Renewals for 2004-2005. (G) Consider Approval of Resolution 04-104 Approving 2004-2005 Liquor License Renewals. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes June 21, 2004 (H) Consider Approval of Resolution 04-105 Approving the Final Plat and Authorizing Execution of the City's Standard Development Contrect for Sterling South 2nd Addition. (I) Consider Approval of a Recommended Name for the Ede Avenue Rain Garden Park from the Naming Committee. (J) Consider Approval of Resolution 04-106 Amending the Legal Descriptions for the Orderly Annexation Agreement between the City of Prior Lake and Spdng Lake Township. (K) Consider Approval of a Temporary License Premise Extension for Fong's Chinese Cuisine. (L) Consider Approval of Massage Therapy License for (1) Chrystal Rae Pabst, (2) Parpdorn Chakkapark, (3) Abigail Mastin. Bo¥1es: Reviewed the items contained on the consent agenda. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carded.' ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easements Located on Outlot O, The Wilds, and on Lot 89, Block l, Sterling South at the Wilds. Kansier: Reviewed the agenda item in connection with the staff report. Mayor Haugen opened the public hearing. No pereons approached to address the Council on this item. John Bachelor (2711 Wilds Lane NW): Asked for an explanation of what is included in a blanket easement and how that affects landscaping. Kansier: Explained that the blanket drainage and utility easement was put in place over the lots until the lots were reconfigured as part of the plat for Sterling South 2nd. New drainage and utility easements will be required as part of the approval of the final plat for Sterling South 2nd. No landscaping is required on the blanket drainage and utility easement, but will be required when the lots are developed. Robert Weha.qe (14981 Summit Circle): Commented that the unbuildable lots create an unsightly area as well as drainage issues within the development. Asked the developer to get the Sterling South development finished before fast-tracking the next stage of the project. MOTION BY ZIESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Albrecht: Advised that staff did receive a letter from Mr. Wehage and there are two issues: existing vacant lots that do not have good cover or sod; and the removal of a silt fence. Both of these issues are a result of construction in the area and fall under the City's building code enforcement. Staff intends to proceed to work with the developer, homeowner's association and private homeownere to resolve these issues. Petersen: Did not see any reason to hold up the vacation and is glad to see the staff working to resolve the remaining issues. Supported the recommendation. City Council Meeting Minutes June 21, 2004 Zieska: Agreed. LeMair: Agreed, but also understood the concerns of the homeowners in the area. Urged staff to help the neighborhood resolve the issues. Hau~en: Asked how long the developer has to sod the yard. Kansier: Advised that staff is flexible to a point because a sodding is dependent upon when the structure is substantially finished. Hau.clen: Also shared that budget conversations have included discussions on the City's ability to address code enforcement issues in a more timely matter. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-107 VACATING THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOT O, THE WILDS, AND ON LOT 89, BLOCK 1, STERLING SOUTH AT THE WILDS. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carded. PRESENTATIONS: Presentation of Prior Lake Rotary Club Donation to the Erie Avenue Rain Garden Park Project. Boyles: Reviewed the agenda item in connection with the staff report. Gerry Wersal (Rotary President): Explained the charge of Rotary and the contributions it makes locally, nationally and intemationally. Commented how pleased the Rotary is to contribute to this project as part of the celebration of the centennial of Rotary International. Proceeded to present Mayor Haugen with a $15,000 check as a first installment of the Rotary's $40,000 contribution to the project. Hau.clen: Thanked the Rotary for its partnership and community spirit. [ADDED - Proclamation for Boone, Iowa Weekend in Prior Lake. Hau.qen: Explained that for nearly 25 years, the cities of Prior Lake and Boone, Iowa have alternated hosting an annual youth baseball toumament. Proclaimed June 25th - June 27th Boone, Iowa Weekend in Prior Lake. OLD BUSINESS Consider Approval of a Resolution Approving Change Order Nos. 1 and 2 for the Ring Road Phase 3 / Five Hawks / CSAH 23 / TH13 Intersection Improvement Project (City Project 02-05). OSMUNDSOM: Reviewed the agenda item in connection with the staff report. Petersen: Asked if the $14,000 to remove the items is a final number. Osmundson: Explained that the $14,000 is the bid. Once it is discovered exactly what there is to clean up and dispose of, the item will come back to the Council for final payment. City Council Meeting Minutes June 21, 2004 Petersen: Asked if the demo of the Thdft Store site is included in the bid. Osmundson: Confirmed that it is included in the odginal construction contract. Zieska: Asked how common it is to have change orders on a project of this magnitude. Osmundson: Very common and given a $3 million project, this is a very Iow change. LeMair: Supported the motion. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-108 APPROVING CHANGES ORDER NOS. 1 AND 2 FOR THE RING ROAD PHASE 3 / FIVE HAWKS / CSAH 23 / TH13 INTERSECTION IMPROVEMENT PORJECT (CITY PROJECT 02-05). VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving Change Order No. 1 for the Downtown Street Reconstruction Project (City Project 04-Of). ALBRECHT: Reviewed the agenda item in connection with the staff report. Councilmembers were of the consensus that this was a needed modification in response to the needs of the Downtown community. Hau.qen: Complimented City Engineer Albrecht on his work with the Downtown businesses to reach a win-win solution. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-109 APPROVING CHANGE ORDER NO. 1 FOR THE DOWNTOWN STREET RECONSTRUCTION PROJECT (CITY PROJECT 04-01). VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting Quotes and Authorizing the Mayor and City Manager to Execute a Standard Contract for Phase f Downtown Street Reconstruction Electrical Service Connections (City Project 04-01). Albrecht: Reviewed the agenda item in connection with the staff report. LeMair: Believed that the budal of the overhead lines is important to finish the area. Supported the recommendation. Zieska: Agreed, but also believed that the City may need to have a discussion as to cost participation for this item. Suggested that the staff look more closely at this item. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-110 ACCEPTING QUOTES AND AUTHORIZING HTE MAYOR AND CITY MANAGER TO EXECUTE A STANDARD CONTRACT FOR PHASE 1 DOWNTOWN STREET RECONSTRUCTION ELECTRICAL SERVICE CONNECTIONS (City Project 04-01). VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS City Council Meeting Minutes June 21, 2004 Consider Approval of a Resolution Authorizing Funding from the Collector Street Fund for the Purchase of Amenities for the Erie Avenue Rain Garden Project. MEYER: Reviewed the agenda item in connection with the staff report. Zieska: Thanked the Rotary for their generous contribution and commented what a significant element this type of park area will add to the Downtown area. LeMair, Petersen and Haugen agreed. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-111 AUTHORIZING FUNDING IN AN AMOUNT NOT TO EXCEED $38,200 FOR THE PURCHASE OF AMENITIES FOR THE ERIE AVENUE RAIN GARDEN PROJECT. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Funding from the Contingency Fund for the Purchase of Amenities for the Downtown Streetscape. MEYER: Reviewed the agenda item in connection with the staff report. Zieska: Believed this was the appropriate approach to most cost-effectively obtain these types of amenities. Supported the funding allocation. LeMair: Believed the project would be incomplete and this approach makes sense. Petersen: Commented that $4000 for end of the season baskets seems high. Meyer: Advised that the $4000 was an estimate for a 16-inch commercial basket which is larger than those typically for sale at a nursery. Added that the number was an estimate and staff believes the costs may be considerably lower for several items. We will know more once quotes are received. Hauqen: Asked why there was such a large discrepancy between the two quotes for seasonal hanging baskets. Meyer: Explained that in the case of Waderich Nurseries, staff believed the quote was higher because they would need to run their greenhouse throughout the year which is not typical, so they passed those costs through. Greenfingers Nursery operates their greenhouse year-round anyway and did not need to recoup those types of costs. Greenfingers was also interested in the advertising. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04.112 AUTHORIZING FUNDING FROM THE CONTINGENCY FUND IN AN AMOUNT NOT TO EXCEED $44,600 FOR THE DOWNTOWN STREETSCAPE AMENITIES. VOTE: Ayes by Haugen, Petersen, Zieska and LeUair, the motion carried. Consider Approval of a Resolution to Approve the Vulnerability Assessment Report for the City's Water System. MCCORMICK: Reviewed the agenda item in connection with the staff report, explaining that the Water Vulnerability Assessment is to evaluate the risk from vandalism and/or terrorist attacks and mitigate impacts upon the water system. Improvements to the system identified through this process will be included in future years in the Capital Improvement Program. 5 City Council Meeting Minutes June 21, 2004 Osmundson: Added that the EPA required the use of the VSAT and there are a lot of staff hours into it. Advised that the Prior Lake system is very, very secure, and the process was valuable, but much more important to larger cities such as Minneapolis. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-113 APPROVING VULNERABILITY ASSESSMENT REPORT FOR THE CITY'S WATER SYSTEM. VOTE: Ayes by Haugen, Petersen, Zieska and LeUair, the motion carried. THE Consider Approval of a Motion to Direct the Naming Committee to Evaluate and Make Appropriate Revisions to the Naming Policy. BOYLES: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR, DIRECTING THE NAMING COMMITTEE TO EVALUATE AND RETURN WITH RECOMMENDED REVISIONS TO THE NAMING POLICY. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. [ADDED - Consider Approval of Motion Directing Staff to Prepare an Intergovernmental Agreement with the Shakopee Mdewakanton Sioux Community Regarding the Construction of a Park on the Tessmer Property. Boyles: Reviewed the agenda item in connection with the staff report. LeMair: Commented that the City's 2020 Vision and Strategic Plan specifically identified the SMSC as a community partner and a valuable contributor to the community. Believed it important to further pursue a cooperative relationship to best address the needs of both growing communities. Zieska: Agreed with the comments made by Councilmember LeMair. Advised that in the past, the City has opposed a previous fee-to-trust application based upon the size of the acres requested to be transferred (over 800), not necessarily the SMSC's need for the use of the land. Petersen: Supported the project, but concerned about leasing the property even if it is for 100 years. Boyles: Explained that he understands that SMSC land cannot be removed from trust and then transfer title. Schmitt: Explained that the quid pro quo for the transaction is to place the parcel in trust so that the remainder not designated as park land can be used by the SMSC as they deem fit. Hauqen: Believed this is a win-win proposition for both the City and the SMSC. The SMSC General Council has given the same direction to their Tribal Council which instigated the discussion tonight. It is important to further explore items that can be mutually beneficial to both communities. In addition, Scott County will be taking this item to their Board to address the impacts upon the County. MOTION BY PETERSEN, SECOND BY ZIESKA, TO DIRECT THE CITY ATTORNEY AND STAFF TO WORK WITH THE SMSC TO PREPARE AN INTERGOVERNMENTAL AGREEMENT RELATING OT THE CONSTRUCTION OF A PARK ON THE TESSMER PROPERTY. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. City Council Meeting Minutes June 21, 2004 OTHER BUSINESS Recognition of Prior Lake City Staff Employees Zieska: Recognized staff members Kelly Meyer for her design efforts throughout the community for items such as the water towers, streetscape, Erie Avenue rain gardens, and whatever else happens to come up. Also recognized the park maintenance staff who are very dedicated and take a lot of pride in the City parks system and its parks. Hau.~en: Added that the PLAY tournament brought over 5000 people into our City over the past weekend. Complimented staff and commented how many people had mentioned to him how impressed they were with the facilities. Hau.qen: Advised that he participated on a Met Council committee on transit issues including light rail. It is critical for the metro area to address altemative methods to address congestion. Encouraged residents to try it out. With no other comments from Councilmembers, a motion to adjoum was made and,s~onded. The meeting adjoumed at Frank Boyles, C K~lly Me~er, ~cording~'"~ecreta~