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FORUM: 7:00 P.M. - 7:30 P.M.
REGULAR COUNCIL MEETING AGENDA
1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2 APPROVAL OF AGENDA:
3 CONSIDER APPROVAL OF MAY 21,2001 MEETING MINUTES:
4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-
controversial are included as pari 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 Animal Warden Monthly Report.
C) Consider Approval of Fire Call Monthly Report.
D) Consider Approval of a Resolution That (1) Approves the Summary of Ordinance 01-
04 of the Prior Lake City Code Section 1000 Known as "Subdivision Regulations", and
(2) Authorizes Publication of the Summary Ordinance in the Prior Lake American.
5 ITEMS REMOVED FROM CONSENT AGENDA:
6 PRESENTATIONS:
7 PUBLIC HEARINGS:
A) Consider Approval of a Resolution Modifying Development District No. 1 and
Establishing Tax Increment Financing District 1-3 (Lakefront Plaza).
8 OLD BUSINESS:
A) Consider Approval of Two Resolutions: (1) Accepting Bids and Awarding Contract for
Street and Utility Construction for 2001 Improvement Project 01-11; and (2)
Authorizing McCombs, Frank, Roos Associates Inc. to Provide Construction Surveying
for Project 01-11.
B) Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for
Construction of the Pumphouse for Well No.6 (City Project 02-00).
C) Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for
Construction of Trails and Basketball Courts Pursuant to the 2001 Improvement
Project 01-11.
D) Consider Approval of a Resolution Accepting Bids and Awarding Contract for the
Purchase and Installation of Playground Equipment at Four Parks Pursuant to the
2001 Improvement Project 01-11.
9 NEW BUSINESS:
A) Consider Approval of an Ordinance Approving a Zone Change from "A" Agricultural to
"R4" High Density Residential for the Shepherd of the Lake Lutheran Church for
Property Located in Section 22, Township 115, Range 22 (Case File 01-014).
060401
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B) Consider Approval of a Resolution Approving Preliminary Plat to be Known as Park
Nicollet Addition and a Resolution Approving the Senior Housing Overlay District for a
Sixty-Unit Assisted Care Living Facility.
C) Consider Approval of an Ordinance Amending the Prior Lake Zoning Ordinance to
Allow Accessory Structures on Island Lots.
D) Consider Approval of a Letter Containing Comments Regarding the Scott County
Highway Department 2002-2006 Capital Improvement Program.
10 OTHER BUSINESS/COUNCILMEMBER REPORTS:
11 ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
May 21, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Council members Petersen, Gundlach, Ericson and Zieska, City Manager
Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Assistant City
Manager Walsh and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MADER: Requested adding an item under OTHER BUSINESS to discuss vacation of the road right-of-
way in front of EZ Stop.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
APPROVAL OF REGULAR MEETING MINUTES OF MAY 7, 2001
MADER: Requested that on page 6 of the draft minutes it be clarified that the motion approving the
subdivision ordinance indicated that the amendment was to calculate the setback 30 feet from the
100-year flood elevation with the wetland buffer from the ordinary high water mark. Also requested
that a statement be added on page 7 under consideration of the PUD plan amendment for Creekside
Estates where the Mayor asked if the request was to replace brick with stucco, and the staff
confirmed.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE MAY 6, 2001 MEETING
MINUTES AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of a Treasurer's Report.
(C) Consider Approval of a Building Permit Report
(D) Consider Approval of Resolution 01-59 Denying the Amendment to the Creekside Estates PUD
Changing the Approved Exterior Materials for the 24-Unit Buildings.
ERICSON: Asked what changes were made in the revised resolutions that were distributed.
RYE: Advised that additional findings were included that discussed a quality of design standard
established by the Council.
MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA AS
SUBMITTED.
BOYLES: Reviewed the Consent Agenda items.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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May 21, 2001
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS:
Swearing in New Police Officers (Chief O'Rourke)
O'ROURKE: Discussed the background and qualifications of the newly hired police officers Rick
Denmark and Scott Johnson.
MADER: Commented how important it is to note that the police department is now at 20 officers for the
first time in its history and that the Council, during the budgeting process, has not undermined the
safety of the community or its residents as was the concern of some. Also reiterated how proud the
City is of this police force. Gave the oath of office to Officer Rick Denmark, and then to Officer Scott
Johnson.
The Council took a brief recess.
PUBLIC HEARINGS:
Consider Approval of a Resolution Vacating an Existing Drainage and Utility Easement
Located on Outlot V, The Wilds (Case File No. 01-031)
RYE: Provided an overview of the vacation request in connection with the staff report.
MADER: Asked if the new plat is required to have an easement to replace this easement.
RYE: Confirmed.
The Mayor declared the public hearing open.
Noted that no persons were present to address the Council as part of this public hearing.
MOTION BY PETERSEN, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-60 VACATING
A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT V, THE WILDS (CASE FILE 01-
031 ).
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Vacating the Platted Alley and a 20-Foot Wide Drainage and
Utility Easement Located in Block 9, Prior Lake Original Plat (Case File 01-032).
RYE: Discussed the project in connection with the staff report.
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MADER: Noted that the revised resolution contains a provision that an application for the development
of the site must take place prior to the City vacating the easement.
Mayor Mader declared the public hearing open.
SIMPSON (R & K Sales, project developer): Noted that he was available for questions from the Council.
No Councilmembers had questions at this time.
MOTION BY ERICSON, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-61 VACATING THE
PLATTED ALLEY AND A 20-FOOT WIDE DRAINAGE AND UTILITY EASEMENT LOCATED IN
BLOCK 9, PRIOR LAKE ORIGINAL PLAT (CASE FILE 01-032).
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
BOARD OF REVIEW
Continuation of Consideration of Appeals from Property Owners Regarding the Valuation
Placed Upon Their Property Effective January 2, 2002.
MADER: Advised that this is a continuation from the Board of Review hearing and asked Mr. Arnoldi to
report on the concerns of the one individual at the hearing.
LEROY ARNOLDI (Scott County Assessor): Discussed his attempts to meet with Mr. Thaler, and
advised that Mr. Thaler had not returned his calls. Further noted that if Mr. Thaler was still concerned
with his valuation, he still has the option to appear at the County Board of Equalization.
Recommended
GUNDLACH: Asked if the income approach valuation is appropriate for properties of this type and how
the decision is made in determining which approach is appropriate.
ARNOLDI: Advised that the approach is determined based upon which is most applicable given the
situation. Discussed special use buildings generally are considered on a cost approach. Properties
such as those with liquor licenses, or fast food businesses, are considered on the structure itself. A
general rule is to look at the property as an investor would.
MOTION BY PETERSEN, SECOND BY ZIESKA TO AFFIRM THE COUNTY ASSESSOR'S
VALUATIONS ON ALL PRIOR LAKE PROPERTIES AND UPHOLD THE COUNTY ASSESSOR'S
RECOMMENDATION WITH RESPECT TO PID #25-0010320.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OLD BUSINESS
Consider Approval of a Resolution Approving the Preliminary Plat for Regal Crest and a
Resolution Approving a Conditional Use Permit for Regal Crest.
GUNDLACH: Discussed his rationale for bringing the item back to the table and his concerns with
respect to park land dedication.
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May 21, 2001
OSMUNDSON: Discussed the park land dedication and the staffs rationale for recommending the cash
allocation versus the additional 2;;; acres of land. Reviewed the options for park land, including
ownership and maintenance.
ERICSON: Commented that as a general rule, he prefers land over cash with respect to park land
dedication. Land lasts. Believes that is a consensus among the Council.
GUNDLACH: Also noted that park land does not necessarily mean developed playgrounds, but could
be in the form of trails and/or open space. Suggested that the City could retain ownership, but enter
into an agreement with the Association for maintenance. Advised that his intention was that there not
be any discrepancy by the Homeowner's Association or the public that the park and trail areas are for
the use of everybody.
ERICSON: Clarified that he did not want there to be misinterpretation that he had discussed this
particular issue with other Councilmembers, but in general terms, he believed that the Council's
position was to acquire land for park land dedication. Further discussed that the City should be
acquiring park land over and above any topographic constraints on a given site. The necessary park
land dedication should come off the top, and how the remaining land available is developed is then
what should be used for structures.
OSMUNDSON: Advised that acquiring land where possible is the staffs intent, but that in this case, all
the area established for trails in this development would not qualify for park land dedication credit in
any case.
MADER: Clarified that this Council and previous Council's have accepted cash in lieu of land.
Secondly, he believes that Councilmember Ericson is correct in that the Council would prefer land.
However, did not believe acquiring land should be a 100% mandate given that there probably are
some practical circumstances where it doesn't make sense to take land. Further commented that the
Council approved the preliminary plat accepting cash rather than land. The position the Council is
presented with at this time is whether there is a basis for changing that decision. Asked staff to clarify
the total contribution to the park fund.
BOYLES: Advised that the cash in lieu of land is dwelling units multiplied by $850 plus the allocation for
the shortage in park land dedication.
ZIESKA: Commented that he preferred the City acquire park land when necessary, but that in some
instances it is not practical. Also noted that park land doesn't always need to be improved. Concerned
about steep topography and maintenance issues for this site. Both parks in the surrounding the area
appear to be a reasonable distance to be used by this development. Comfortable with how the project
was previously approved.
PETERSEN: Agreed that maintenance becomes an issue if there are going to continue to be little parks
within small developments of this size. Also comfortable with the decision made previously.
ERICSON: Commented that at this point it seems that the Council needs to stand by its decision, but
reiterated his concern that land dedication for park be the standard.
OSMUNDSON: Suggested that a discussion take place between staff and the Council to address some
of the pros and cons of ownership of land in different cases.
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BOYLES: Agreed and suggested that the issue be reviewed in connection with the Comprehensive
Plan which sets forth the standards for staff in making these types of determinations.
PACE: Commented that a work session may be appropriate because not every piece of land needs to
be developed into park. The Council needs to discuss conceptually what it wants with respect to open
space and developed park land.
MADER: Believed that the Councilmembers Ericson and Gundlach have brought to the table the issue
of how will this City look 20 or 30 years from now, and the advantage of retaining natural undeveloped
land. However, did not believe there was substantive rationale to change the previous decision.
MOTION BY PETERSEN, SECOND BY ZIESKA TO TAKE NO ACTION ON THIS ITEM WITH
RESPECT TO BOTH THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT
RESOLUTIONS.
KELLY MURRAY (Wensmann Homes): Advised that Wensmann had purchased the Regal Crest
development. Further noted that their only concern was against having a private and public trail
connected. Also commented on the ownership of the common area.
ERICSON: Advised that Wensmann Homes was required to give up a substantial amount of park land,
where this development required very little. Concerned with consistency from development to
development.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
The Council took a brief recess.
NEW BUSINESS:
Consider Approval of 2000 Annual Financial Report and Management Letter.
STEVE McDONALD (Abdo, Eick & Meyers): Discussed the annual audit including internal control,
compliance with statutes, general fund and planned expenditure, special revenue funds, capital
project funds, enterprise funds, debt service funds, and the determination as to the City's financial
position. Also discussed revised government auditing standards and the City's plan for implementation
of those standards.
MADER: Noted that the surplus funds have not been designated at this time.
TESCHNER: Advised that there is a timeline for compliance to the new auditing standards using the
GIS system to generate some of the historic costs for the City's infrastructure, which is the first step.
Full compliance probably won't be until reporting year 2006.
MADER: Noted that with the new GASB standards, the City will be audited on a more business type of
basis rather than a municipal government basis. Asked if there will be other changes to the cost
accounting standards that would relieve the City of some of the difficult in determining what the figures
mean.
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McDONALD: Advised that the revised standards do not take away anything and if anything, adds a
significant amount to what is already in place.
TESCHNER: Clarified that in the enterprise funds, the assets are depreciated and is listed in the
statement of revenues and expenses. GASB 34, from a capitalization standpoint, requires us to
account for the depreciation of all of the City's fixed assets, such as streets, roads and bridges which
were not required before. One of the big points is that a five page overview will be required which will
layout all of the financial highlights rather than tables of numbers and trying to discern what those
numbers mean.
BOYLES: Asked if there were any seminars geared toward City Councils and City Managers.
McDoNALD: Advised that hadn't been discussed yet, but is certainly a worthwhile suggestion at some
point down the line.
MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE 2000 ANNUAL FINANCIAL
REPORT AND MANAGEMENT LETTER.
MADER: Commented that it appears the City had a good year financially, and noted that the tax level
for this year had been adjusted and the City will need to deal with some extraordinary circumstances
in the coming year.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Discussion of Options Relating to Prior Lake Transit Service.
MADER: Commented that the City is addressing a new issue in providing transit service to its
residents, and that we are learning as we go. Noted that the one bid received was beyond the levy
and the issue tonight is the City's next step. Also noted that the bid received was for capital costs and
operating costs, where the levy, which is nearly $400,000, is for operating costs only. This suggests
that the issue is how the City deals with the capital costs because the presumed operating costs
remain affordable comparably.
WALSH: Reviewed the agenda item in connection with the staff report, discussing the options
available. The staff and subcommittee recommendation is to re-write the specifications to include a
smaller buses or older buses or possible refurbished buses, and re-bid the project. The specifications
would also look at extending the term of the service contract.
ERICSON: Commented that he is pleased to reject the bid and believes smaller buses may be
sufficient for the City's needs. Also suggested that staff be sure to define what older buses would be
acceptable.
PACE: Added that Sue Walsh did an excellent job putting together the specification package, and that
the challenge is putting together specifications broad enough that the City gets its best value in terms
of providing the service, but then also determining fair and equitable evaluation criteria for evaluating
which is the lowest and most competitive bid.
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May 21,2001
PETERSEN: Commented that a bidder had suggested a reconditioned bus would be an option that
would save the City money. Further noted that he had some concern with leaving the specification so
open that the Council was put in a situation where the evaluation criteria is too ambiguous.
MADER: Advised that during the subcommittee meeting on the bid received, one of the transit
coordinator's discussed the how bidder's able to recoup the costs of new buses can elevate the cost
of the contract. Also advised there had been some discussion about reconditioned buses. Also noted
that whatever service is provided, it will be at least equivalent in comfort and service as what is
currently provided.
GUNDLACH: Asked why the service and the buses weren't bid separately.
MADER: Advised that because this was a newer service, the City was unsure whether it wanted to
commit to the capital when there was still some question as to the long-term ridership and service. If
the service could be contracted economically for a few years until some of those determinations could
be made. On the other hand, if the City is paying for the buses anyway in the cost of a two-year quote,
then that approach may not make sense. The indication from the Met Council was that the City would
get the same capital cost reimbursement whether we were paying the costs through the lease or
paying it directly.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-62
REJECTING THE BID AND AUTHORIZING STAFF TO SOLICIT BIDS FOR PRIOR LAKE BUS
SERVICE.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Approving the 2002-2006 Capital Improvement Program.
BOYLES: Advised that the revisions discussed by the Council at its May yth workshop have been
included. Noted that the P.L.AY. irrigation/lighting project for The Ponds baseball field was not
incorporated in the CIP, but should be included in 2002 in the amount of $150,000 of which P.L.AY.
has committed to paying half.
MADER: Noted that the CIP total for 2001 was approximately $6 million, $2-$3 million of which will run
into 2002. So, the total for 2002 is $6.3 million plus the $2-$3 million in overrun from 2001. Staff will
have it's hands full. Suggested foregoing the staff report and go straight to questions of staff. Asked
for comment on a reference on page 3 of the report indicating an annual 2% tax valuation growth.
TESCHNER: Advised that 2% is a conservative average and that the actual is closer to 3% or 4%.
MADER: Clarified that if the tax capacity valuation grows more like in the past, then the City has some
extra latitude in terms of tax income. Advised that the only additional change is the inclusion of the
P.L.AY. field irrigation project for 2002.
MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-63
APPROVING THE 2002-2006 CAPITAL IMPROVEMENT PROGRAM INCORPORATING THE
P.L.AY FIELD LIGHTING AND IRRIGATION PROJECT FOR 2002 WITH PLAY SHARING 50% OF
THE COSTS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
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May 21, 2001
Consider Approval of a Resolution Approving a Joint Powers Agreement with the State of
Minnesota for the Criminal Justice Data Network (CJDN) Project and Authorizing the Mayor
and City Manager to Execute Same.
BOYLES: Reviewed the agenda item in connection with the staff report.
MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-64
APPROVING A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR THE
CRIMINAL JUSTICE DATA NETWORK (CJDN) PROJECT AND AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE SAME.
ERICSON: Asked if the whole idea is to get all law enforcement agencies on the same system and
sharing information.
BOYLES: Confirmed.
PETERSEN: Asked if this system can be accessed by the officers from the squad cars.
BOYLES: Confirmed.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Vacation of Frontage Road Through EZ Stop
~ft~ <f roJl\t~
MADER: Discussed the use of the f1 ollteg~ road in front of the EZ Stop, and the recommendation by
the City Attorney's office that vacating the City's interest is appropriate.
MOTION BY MADER, SECOND BY ERICSON TO DIRECT STAFF TO START A PROCESS
INCLUDING AN INFORMATION MEETING WITH THE AREA PROPERTY OWNERS AND
PROCEED WITH VACATION OF THE CITY"S INTEREST IN THE RIGHT-OF-WAY, t:~lLlH)I~~ ltI'l urlts/
ERICSON: Asked if the City's vacation of the roadway would then mean the City would no longer be
responsible for maintenance of the area. Also commented that his understand from previous
discussion was that to stop maintenance was not appropriate. Further asked why Class V was being
used instead of bituminous to fill the potholes.
PACE: Advised that the City was held in a court proceeding to have an interest in the property. By
formalizing the process and now vacating that interest, the City would no longer be responsible for
maintenance.
OSMUNDSON: Advised that Class V was the only option available at the time but that bituminous was
in place now.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
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May 21,2001
ERICSON: Asked about the status of regulating the number of newspaper stands.
BOYLES: Advised that the Planning Director and City Attorney are proceeding to review an IMLA
model ordinance that may meet the City's needs.
ERICSON: Asked for a timeline.
BOYLES: Suggested 60 days to bring it to a Council work session.
GUNDLACH: Commented that the Downtown area looks much better with the new re-striping.
MADER: Agreed that the re-striping is a nice improvement.
PETERSEN: Also noted that initially he received some negative comments, but that later on that day
quite a few people commented how much more practical it was.
MADER: Also noted that he received a very kind note from the principal of Five Hawks school
regarding the Council's action to set aside the nature center land. Further advised that the City
Manager had been nominated for president of the Association of Metropolitan Municipalities and
suggested Councilmembers consider serving on an AMM policy committees.
Executive Session to Discuss Pending Litigation
The Council adjourned to Executive Session to discuss the status of
one pending litigation item.
Upon returning from Executive Session, the Mayor advised that direction
had been given and no formal action was required.
Frank Boyles, City Manager
/
A motion to adjourn was made and seconded. The meeting adjourned at 19R
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