HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA
JULY 7, 2003
7pm
Fire Station No. 1
CI~ COUNCIL WORK SESSION
The City COuncil will duct a,wo~ session at 5:30pm prior to the
meeting on the follo~g topic~.
· Neighborhood Pa~ DevelopmentIssues
This meeting is open to the public.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m.
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.
A) Concept Plan for Lone Pine Golf Course (Bill Rudnich)
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF JUNE 16, 2003 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 Councilmember, 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 a Resolution Approving the Wetland Replacement Plan for Wilds 6t~ Addition
(City Project #03-38).
C) Consider Approval of a Resolution Approving the Common Interest Community Number 1121
(Lakefront Plaza Condominiums) CIC Plat.
D) Consider Approval of an On-Sale Liquor License Extension for Hollywood Bar & Grill.
E) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Cystic Fibrosis
Foundation.
F) Consider Approval of Two Temporary 3.2 Liquor Licenses for Prior Lake Merchants Softball Team.
G) Consider Approval of Massage Therapy License for Laurie Jo Campbell.
H) Consider Approval of Monthly Building Permit Report for June and a Summary Report for Building
Permits Issues for the 1st Half of 2003.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A) Consider Approval of an Appeal of the Planning Commission's Decision to Deny an Appeal of the
Zoning Administrator's Decision that a Dog Kennel Located in an R-1 District was not a Legal Non-
Conforming Use. (Case File #03-058PC)
16~1~) Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
B) Consider Approval of an Appeal to the Planning Commission's Decision to Grant Variances for the
Construction of a Detached Garage (Edward Feiker- Case File #03-56).
C) Consider Approval of a Resolution Vacating a Portion of Erie Avenue Right-of-Way Adjacent to
16154 Main Avenue (Wensmann - Case File #03-055).
D) Consider Approval of a Resolution Denying a Request to Vacate a Portion of the Erie Avenue Right-
of-Way Located Adjacent to 3235 Kent Street (Jolitz- Case File #03-057).
E) Consider Approval of a Resolution Vacating a Portion of the Right-of-Way for Wild Horse Pass and
the Drainage and Utility Easements Located on Lot 21, Block 4, Lots 14 and 15, Block 5 and Outlots
A and B, The Wilds South and on Outlots A and B, The Wilds 5th Addition. (Case File #03-061)
8. PRESENTATIONS::
A) Memorial Tree and Bench Program Pricing and Purchase of First Memorial Bench by the City
Council. (MacKenzie McCormick).
9. OLD BUSINESS::
A) Consider Approval of Four Resolutions: (1) Approving a Cooperative Agreement with Scott County
Relating to Construction of CSAH 23 as Part of the CSAH 23 / Five Hawks / TH13 / Ring Road,
Phase 3 Improvement Project (City Project #02-06); (2) Approving a Cooperative Agreement with
MnDOT for Construction of the Ring Road Phase 3 Project; (3) Authorizing Advertisement for Bids
for the Ring Road Phase 2 and 3; and (4) Authorizing WSB & Associates to Provide Construction
Engineering Services for the Ring Road Phase 2 and 3.
B) Consider Approval of a Resolution to Receive and Reject All Bids for the 2003 Lift Station
Rehabilitation Project (City Project #03-05) and Authorizing the Staff to Solicit Bids.
C) Consider Approval of a Resolution Approving Acquisition of Parcels from Assembly of God Church
and B.C. Burdick for the Construction of Commerce / Boudin / TH13 Project (City Project #02-05),
and Authorizing the Mayor and City Manager to Execute the Necessary Documents for the
Purchase.
D) Consider Approval of an Ordinance Approving a Rezoning from C-5 to I-1 for Property in the
Deerfield Industrial Area (Case File #03-048).
10. NEW BUSINESS::
A) Consider Approval of an Ordinance Amending the Prior Lake City Code Regulating Hours for On-
Sale Liquor Sales, and a Request from Captain Jack's to Authorize On-Sale Liquor Hours Until 2am.
B) Consider Approval of a Resolution Denying an Amendment to the Comprehensive Plan for the
Property Located at 4666 Dakota Street (Wensmann- Case File #03-054).
C) Consider Approval of a Resolution Approving a Conditional Use Permit and a Preliminary Plat to be
Known as Prior Lake Pond Addition.
D) Consider Approval of a Resolution Authorizing MFRA to Provide Professional Services for the
Preparation of the Environmental Assessment Worksheet for the Deerfield Industrial Park
Development.
E) Consider Approval of an Amendment to the Zoning Ordinance to Allow Churches in Commercial Use
Districts.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
070703
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 7, 2003
AGENDA #: 2A
PREPARED BY: Frank Boyles, City Mana
AGENDA ITEM: CONCEPT PLAN FOR LONE PINE GOLF COURSE (Bill Rudnicki)
PRESENTATION: Tribal Administrator Bill Rudnicki has asked to make a presentation to the City
Council regarding plans they have to renovate the Lone Pine Golf Course which
they now own. The golf course will be closed this September until June 2005 for
significant renovation including the club house.
Bill and other representatives involved in this project would like to share this
information with the City Council. Normally, this would be a presentation item, but
given the number of public hearings tonight, I asked Bill to be present at the
Forum.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
h\COUNCIL~AGNRPTS~2003\LONE PINE PRI~Ei~i',sD(~ORTUNITY EMPLOYER
REGULAR COUNCIL MEETING MINUTES
June 16, 2003
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeUair, City Manager Boyles, City Attomey
Pace, Public Works Director Osmundson, Planning Coordinator Kansier, and Administrative Assistant Meyer.
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.
No persons were present for the public forum.
APPROVAL OF AGENDA:
Boyles: Requested that an Executive Session be added to discuss the status of pending litigation.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE JUNE 2, 2003 REGULAR MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Councilmember Blomberg abstained due to her
absence from the meeting.
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE JUNE 9, 2003 EMERGENCY MEETING MINUTES
AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Zieska, and LeMair, the motion carried. Councilmember Petersen abstained due to his
absence from the meeting.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Treasurer's Report.
(C) Consider Approval of Building Permit Report for May.
(D) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approval of Monthly Fire Call Report.
(F) Consider Approval of Refuse Hauler Permit Renewals.
(G) Consider Approval of Resolution 03-102 Approving 2003-2004 Liquor License Renewals.
(H) Consider Approval of Resolution 03-103 Approving the Common Interest Community No. 1118 (Timber Crest Park
Village Homes) CIC Plat.
BOYLES: Reviewed the Consent Agenda items.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Council Meeting Minutes
DRAFT
June 16, 2003
Blomber,q: Requested that Item F (2003-2004 Refuse Hauler Permits) be removed.
Hau,qen: Requested that Item C (Building Permit Report) be removed.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA ITEMS (A), (B), (D), (E) and (H)
AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
(F) Consider Approval of Refuse Hauler Permit Renewals.
BlomberR: Advised that City ordinances to not allow dumping of yard clipping and other wastes within City parks or public
lands, including ditches, wetlands or park areas. Each of the refuse haulers permitted to do business in Pdor Lake have
yard waste disposal and recycling programs in place. Encouraged residents to use these services.
(C) Consider Approval of Building Permit Report
Hau.qen: Asked City Manager Boyles to compare the current Building Permit Report figures with those from one year ago.
Boyles: Discussed the number of permits issued to date compared with those of 2002, including that in May of 2002, year-
to-date permits issued for single-family homes was 99, comparably in 2003 we have issued 92 of the same type of permit.
For townhomes during the same pedods, in 2002 there were 111, and this year there are 150. Overall for 2002, the total
permits issued through May was 1511, and in 2003 was 1618. In terms of building activity, Prior Lake appears to be
experiencing a stronger market than in 2002. Translating that to valuation, through May 2002, the valuation was
$42,438,000, and this year it is $38,263,600.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE ITEMS 5(C) AND 5(F) OF THE CONSENT AGENDA.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried.
PUBLIC HEARINGS: NONE.
PRESENTATIONS
Park Advisory Committee Annual Report (Mike Feriancek)
Feriancek: Presented the annual report of the Parks Advisory Committee, reviewing the highlights for 2002-2003, including
park entry monuments, the addition of Thomas Ryan Memorial Park, the addition of the skate park, and privatization of the
dance program. Also noted the addition and expansion of recreation programming, new play equipment at Timber Crest,
Fairway Heights, Ueadowview and Deerfield parks, the gazebo project at Lakefront Park, and the review of the new trail
systems for the Jeffers Pond development. Advised that the committee is currently reviewing the snow plowing procedures
for trails, and will also continue to explore partnership and improve communication with Savage, PLAY, the SMSC, School
District and other community organizations to provide additional recreation programming. Further discussed the
City Council Meeting Minutes
DRAFT
June 16, 2003
committee's effort to revitalize the memodal tree and bench program. In addition to special projects, the committee
continues to review and make recommendations to the parks portion of the Capital Improvement Program.
Zieska: Complimented Mike on the report. Asked the City Manager to discuss the City Tour offered to residents last week.
Boyles: Advised that as a take-off from the annual Surf-n-Turf tour, last week the City offered residents its first tour of Pdor
Lake in order to review the growth and development within the community. Approximately 25 persons participated and were
very positive about what they leamed.
Petersen: Very proud of the efforts of the Parks Advisory Committee. Believe they do a great job.
Blomber.q: Noted that she is very fortunate to be working with this particular group of people as liaison to the PAC. Each
member is genuinely involved, cooperative and thoughtful about the parks systems and what is and can be provided to the
Prior Lake community. Suggested that programs such as the memorial bench and tree programs be assigned for
management and supervision to the committee, which would give the committee more hands-on involvement and
spearhead the success of the programs.
Report on 2003 Legislative Actions (Frank Boyles)
Boyles: Reviewed the item in connection with the staff report, noting the $4.2 billion dollars shortfall addressed by the
legislature, the elimination of local government aid and loss of market value credit, imposing absolute levy limits for 2004,
revisions to comparable worth reporting, revisions to the assessment appraisal requirements, and official notices are
eligible for posting on the web page, rather than the official newspaper. In addition, the Metropolitan Council was re-
districted, the 2am bar closing legislation was adopted, and the conceal-and-carry law was adopted.
Petersen: Commented that the legislators were really presented with a tough job, but he didn't necessarily appreciate the
extra time it took to do it thereby spending more money.
LeMair: Asked about the hard levy limit and Pdor Lake's tax levy being $160,000 less. Believed that the legislature has
accomplished some things that needed to be done, and looks forward to having property taxes come down.
Teschner: Clarified that the $160,000 reduction mentioned is the net loss that Prior Lake will lose. There will a levy
increase from last year in the amount of $240,000. We also have debt schedule step increases for park referendum issue,
fire hall referendum issue, and for CIP debt in the amount of $100,000. There is also a special levy that Pdor Lake is eligible
to utilize which can further offset our fixed increases. He anticipated that the overall levy, when all is done, to be increased
by about $600,000 to $650,000. However, since Prior Lake will have a significant number of properties coming on-line for
2004, we still expect to have a property tax decrease.
Boyles: Clarified that his reference was to the General Fund levy, 'which will experience the majodty of the cuts.
Zieska: Commented that as long as the discussions about cuts in local government aid have been taking place, the City of
Prior Lake and this Council knew, and expected, that they would need to be part of the solution. He has no problem with
that. However, believed that the legislature missed the boat with respect to local govemment aid. Based on political
posturing, and some grandfather provisions, based upon where your City is located, affects whether or not you get any local
govemment aid. Believed that the legislature should have just gone back to square one and reformed the LGA system so
that similar communities are treated equally. Also advised that the State of Minnesota's bond rating was lowered in
response to the legislature efforts. Last time the State's bond rating was lowered, it took 15 years for it to recover. Believed
3
City Council Meeting Minutes
DRAFT
June 16, 2003
that over the 15 years, there will be significant extra costs to the taxpayers. Also cautioned residents that the number shown
as a credit to their property taxes is in error because the State cut that number. They may be showing a credit, but in fact
that money is not being reimbursed to the local units of govemment.
Petersen: Clarified that only one of the four rating agencies lowered the bond rating of the State.
Hau,qen: Concerned that the federal government does not tell the State government how to spend money, but the State
govemments feels empowered to tell local govemments how to spend money. Local government accountability lies with its
taxpayers and City's should be able to levy according to the needs of its community.
Blomber,q: Pointed out that the City's bond rating is excellent and continues to get better because of actions taken by this
City Council and staff.
Zieska: Also thanked the local legislators on their efforts even though he may not agree with their positions. Both
Representative Beard and Senator Robling truly have a commitment to their constituents and took time to seek out
information.
OLD BUSINESS:
Consider Approval of a Report Regarding Potable Water System
Osmundson: Reviewed the agenda item in connection with the staff report, noting in particular the City's efforts to increase
production capacity, promoting conservation, advancing education of drinking water issues, and communication these
efforts to the public.
LeMair: Believed it positive to see a 47% increase in production compared to a 20% increase in population, meaning that
we are prepared for the additional homes that are coming on-line. Asked if the odd-even watering restrictions were State
mandated.
Osmundson: Explained that having an emergency and conservation management plan was mandated by the State.
Through that, City's were encouraged to implement conservation measures. Many measures adopted by cities took the
form of odd-even watering restrictions. They also encourage, which Prior Lake has recently adopted, a graduated scale fee
structure for water usage, where the more water used, the higher the rate.
Zieska: Commented that based upon numbers, there is plenty of water for domestic use, and that most of the storage
capacity is to accommodate outside water usage. Residents can save money and water by conserving those outside water
uses.
Petersen: Noted that conservation restrictions are necessary in order to get all the necessary approvals for drilling
additional wells.
Haugen: Encouraged the City and staff to continue to promote not only water production, but also the conservation,
education and communication aspects that are necessary to protect a resource that is not infinite.
Consider Approval of a Resolution Authorizing Amendment #1 to the Development Contract for Shepherd's Path.
McDermott: Reviewed the agenda item in connection with the staff report.
4
City Council Meeting Minutes
DRAFT
June 16, 2003
Blomber.q: Asked for clarification that the change was previously agreed upon and that the oversight was including the
language.
McDermott: Confirmed.
Petersen: Asked what led to the provisions not being included.
McDermott: Explained that it was a miscommunication by the staff persons who negotiated the contract and the person
who put the development agreement together.
Zieska: Asked if, when oversizing is necessary, the City pays for the oversizing from the Collector Street Fund.
McDermott: Confirmed.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-104 AUTHORIZING AMENDMENT
NO. 1 TO THE DEVELOPMENT CONTRACT FOR SHEPHERD'S PATH.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Ordering Preparation of Feasibility Report for 2004 Reconstruction Improvement
Project.
McDermott: Reviewed the agenda item in connection with the staff report.
LeMair: Asked if the project is considered more difficult because of the one-way access to the neighborhood.
McDermott: Confirmed.
Petersen: Asked if the actions taken by the State will impact the City's ability to sell bonds.
Boyles: Advised that the legislature elected not to restdct the ability of communities to bond in order to preserve their
infrastructure.
Blomber.q: Asked how a project is determined necessary and then prioritized community-wide.
McDermott: Explained the City's implementation of a pavement management system, where the City staff rated each City
street based upon certain criteria related to its condition both above and underneath the ground. The information was then
compiled by a new software program to prioritized the need for reconstruction. The worst rated areas are then planned in
the Capital Improvement Program.
Haugen: Explained that this action calls for the preparation of a feasibility report and does not bind the City to construction
the project. Since he lives in the neighborhood, he will vote on this particular action, but in future decisions which call for
commencement of the project, he will abstain.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-105 ORDERING PREPARATION OF
FEASIBILITY REPORT FOR 2004 RECONSTRUCTION IMPROVEMENT PROJECT.
5
City Council Meeting Minutes
DRAFT
June 16, 2003
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Continuing the Adopt-a-Park and Memorial Bench and Tree Programs and Creating an Adopt-
a-Street Program.
McCormick: Reviewed the agenda item in connection with the staff report.
LeMair: Asked if the Adopt-a-Street program will provide sign acknowledging the contribution.
McCormick: Confirmed that is the intent.
Blomber.q: Supported getting the PAC and public involved in these programs. Suggested getting the word out dudng
Lakefront Days.
Hauflen: Supported the programs. Asked what types of streets are included in the program.
McCormick: Explained that to begin, we would target collector streets such as Carriage Hills Parkway, Wilds Parkway,
Crest Avenue. If interest is greater, neighborhoods could adopt their neighborhood streets.
MOTION BY BOMBERG, SECOND BY PETERSEN TO APPROVE RESOLUTION 03-106 CONTINUING THE ADOPT-A-
PARK AND MEMORIAL BENCH AND TREE PROGRAMS AND CREATING THE ADOPT-A-STREET PROGRAM.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Hau,qen: Asked the staff to bdng the cost information back to the Council for a memorial bench in order that the City might
sponsor the first bench in memory of Gene White, who was a long-term member of our community and former Council
member.
Consider Approval of a Resolution Approving the Firm of Abdo, Eick and Meyers for City Financial Audits for 2003-
2005.
Teschner: Reviewed the agenda item in connection with the staff report.
Zieska: Asked if, since the contract is for the calendar year audits of 2003, 2004 and 2005, in reality the fees would be paid
in years 2004, 2005 and 2006.
Teschner: Confirmed.
HauRen: Asked if the fees are competitive in the industry.
Teschner: Confirmed and added that the firm has been very good in minimizing its cost over the course of our eight year
relationship.
MOTION BY PETERSEN, SECOND BY ZlESKA, APPROVING RESOLUTION 03-107 APPROVING THE FIRM OF ABDO,
EICK AND MEYERS FOR CITY FINANCIAL AUDITS FOR 2003-2005.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded.
6
City Council Meeting Minutes
DRAFT
June 16, 2003
OTHER BUSINESS
Executive Session to Discuss Pending Litigation
The Council adjourned to Executive Session to Discuss
the Status of Litigation in the Ring Road Condemnation.
LeMair: Complimented the Norex Corporation on the Grand Opening of their new facility, and thanked them for being strong
promoters for the Prior Lake community.
With r~o other comments from Councilmembers, a motion to adj~onded. The meeting adjoumed at
9pm. ~
Fra vlanager d~lly ~ey~'Recording Secretary
7