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CITY COUNCIL WORK SESSION- 5:30 - 7:00 p.m.
FORUM: 7:00 P.M. - 7:30 P.M.
REGULAR COUNCIL MEETING AGENDA
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CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m.
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APPROVAL OF AGENDA:
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CONSIDER APPROVAL OF JUNE 18, 2001 MEETING MINUTES:
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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 Volunteer Fire Department report.
C) Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth
(P.L.A.Y.)
D) Consider Approval of a Resolution ~~APProving the Application for Off-Site Lawful
Gambling for the Prior Lake Hockey As ciation.
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ITEMS REMOVED FROM CONSENT AGENDA:
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PRESENTATIONS:
A) Downtown District Zoning Ordinance Status Report. (Augie Wong, URS/BRW)
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PUBLIC HEARINGS:
A) Public Hearing to Consider Approval of a Resolution Vacating the 20-Foot Wide
Easement Located Adjacent to the EZ Stop Gas Station, Velishek's Auto Sales, Park
Nicollet Clinic and Hollywood Restaurant.
8 OLD BUSINESS:
A) Consider Approval of a Resolutio~~ending the Crystal Care Senior Care Overlay
District by Reversing the Floor Plan o~e Building.
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9 NEW BUSINESS: ~o/-fi
A) Consider Approval of a Joint Resolutio~or Orderly Annexation Between the City of
Prior Lake and Spring Lake Township Pursuant to Minnesota Statutes 414.0325.
f.- B) Consider Approval of a Resolutiory Approving a Stormwater Management Plan for the
()IJi'J Ivlinnesota De(Jcull "cnt oL ~ral Resources (MnDNR) Wetland No. 169 and
Authorizing a Change Order as Part of the 2001 Improvement Project.
C) Consider Approval of a Report Requesting Direction Regarding Vacation of a Portion
of Ridgemont Avenue.
D) Consider Approval of Report Concerning News Racks in the Right-of-Way.
E) Consider Approval of a ReSOIUliO::J,AUlhoriZin.9 rDKA and Associates Inc. to Provide
Consulting Services for Developm1,t of a Pavjment Management Program.
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16~OO Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
REGULAR COUNCIL MEETING MINUTES
June 18, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers 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:
BOYLES: Asked for Item 4F (Consider Approval of 2001-2002 Liquor License Renewals) of the
consent agenda be moved to be considered with Item 9A. Asked for removal of Item 8A (Consider
Approval of Construction of Drainage Swale and Extraordinary Snow Plowing at 4585 Pleasant
Street). Also asked that an item be added as Item 10A (Consider Setting a Date for Public Hearing on
the Vacation of a Strip of Land in front of EZ Stop)..
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
APPROVAL OF REGULAR MEETING MINUTES OF JUNE 4, 2001
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE JUNE 4, 2001 MEETING
MINUTES AS SUBMITTED.
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 Treasurer's Report.
. (C) Consider Approval of Building Permit Report.
(D) Animal Warden Monthly Report.
(E) Consider Approval of an Off-Sale 3.2 Malt Liquor License for Prior Lake County Market.
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(G) Consider Approval of Refuse Hauler Permit Renewals for Buckingham Disposal, Dick's Sanitation,
Prior Lake Sanitation, Tidy Disposal and Waste Management-Savage.
(H) Consider Approval of Resolution 01-73 and Resolution 01-74 Approving Prior Lake Optimist
Premise Permits for Lawful Gambling at Hollywood and Extra Innings.
(I) Consider Approval of Resolution 01-75 Ordering Preparation of Feasibility Report for the 2002
Reconstruction Improvement Project, City Project #02-11.
(J) Consider Approval of Resolution 01-76 and Resolution 01-77 Approving Final Plat and
Development Contract for Wilds South.
MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE CONSENT AGENDA ITEMS (A) -
(E) AND (G) - (J) AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
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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City Council Meeting Minutes
DRAFT
June 18, 2001
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS:
Presentation: Plaque to Larry Kerkow in Recognition of 26 Years of Service to the City.
BOYLES: Advised that this was an opportunity for the City and Council to offer Larry Kerkow
congratulations on his retirement. Noted that often the Council and/or management is unaware of the
day-to-day operations of the City, and the issues and situations that are prevented by the
contributions of staff members like Larry.
HARTMAN: Discussed how over the past 26 years Larry had worn many different hats for the City, and
how much he contributed of himself, and how proud he was to work with him.
MADER: Presented Larry Kerkow with a plaque in recognition of dedicated service to the City of Prior
Lake.
PUBLIC HEARINGS: NONE.
OLD BUSINESS
Clarification of Action at the June 4, 2001 with Respect to Allowing Accessory Structures on
Island Lots.
MADER: Clarified action that took place on June 4, 2001 with respect to an ordinance amendment
involving accessory structures on the island. Discussed that action was taken by the legislature that
eliminated the City's ability to require a super-majority on amendments to the zoning ordinance
pertaining to residential property. The new legislation was effective May 30, 2001. Explained that the
impact is that the action taken where the City had presumed based on statute that the resolution had
failed, in fact passed. This means that accessory structures not exceeding 240 square feet may exist
on island parcels.
ERICSON: Concerned that a super-majority no longer exists in matters of zoning issues. Suggested
that the City Council conduct a work session to review its zoning ordinance in connection with the
legislative action.
MADER: Commented that he believed that the legislation was enacted as a result of lobbying by the
Builder's Association. Shared the same concerns as Councilmember Ericson that the legislature takes
action that would imply a more lenient approach to zoning ordinance amendments.
PACE: Clarified that a super-majority would still be required if there is a zoning amendment requested
for residential to commercial designations.
ERICSON: Noted that staff should change the Council bylaws accordingly and suggested that a work
session take place to discuss how the ordinance addresses the new legislation.
MADER: Clarified that the Council bylaws need not be changed, but rather the zoning ordinance.
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City Council Meeting Minutes
DRAFT
June 18, 2001
. PACE: Added that there were four laws adopted that affect in some manner development and/or
zoning. Staff would like the opportunity to review all of them with the Council.
Consider Approval of the Construction of a Drainage Swale and Extraordinary Snow Plowing
at 4585 Pleasant Street (Klingberg).
This Item was deferred as part of the Approval of the Agenda to July 16, 2001.
NEW BUSINESS:
Consider Approval of an
Captain Jack's.
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On-Sale Liquor, Off-Sale Liquor and Sunday Liquor License for
THE CONSENT AGENDA- Consider Approval of 2001-2002
BOYLES: Reviewed the agenda item in connection with the staff reports, briefly reviewed the issues
before the Council.
MADER: Suggested that minutes specifically reflect that the liquor license for Hollywood is subject to
payment of the property taxes by the landlord prior to June 30th. Failure to pay the taxes by that date
would void the approval of the license.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-78 APPROVING
ON-SALE LIQUOR, OFF-SALE LIQUOR AND SUNDAY LIQUOR LICENSES FOR CAPTAIN
JACK'S, AND THE 2001-2002 LIQUOR LICENSE RENEWALS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Approving an Amendment to the Wensmann 1st Addition
PUD to Allow Porches and Larger Decks on the Townhouse Units.
KANSIER: Discussed the agenda item in connection with the staff report.
MADER: Asked if there is anything in the proposed change that is in conflict with any City ordinance.
KANSIER: Confirmed that the amendment complies with City code.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-79
APPROVING AN AMENDMENT TO THE WENSMANN 1ST ADDITION PUD TO ALLOW PORCHES
AND LARGER DECKS ON THE TOWNHOUSE UNITS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Authorizing WSB & Associates to Provide Professional
Engineering Services for Federal and State Funding for Trunk Highway 13 Intersection
Improvements.
McDERMOTT: Discussed the proposal in connection with the staff report.
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City Council Meeting Minutes
DRAFT
June 18, 2001
CHUCK RICKART (WSB & Associates): Briefly discussed the potential funding applications, and the
cooperation necessary with MnDOT for proposed projects for TH 13 at Boudin Street / Commerce
Avenue, 150th Street, CSAH 44, and CSAH 23.
MADER: Asked if the expectation is then to come to the Council with final proposals for sour~es of
funding for each project.
RICKART: Confirmed.
BOYLES: Asked if there could be multiple funding sources for anyone intersection. Also asked how
the City avoids the situation where there is approval but at a significantly lower dollar amount which
makes the project impossible to go forward.
RICKART: Confirmed that multiple funding sources are possible through T21 funding and cooperative
agreements. WSB, staff and MnDot will have to work together to identify which intersections have the
best chance of obtaining funding, and prioritizing these intersections.
MADER: Asked if in an application to the federal government, MnDOT becomes a partner in the
application.
RICKART: Clarified that for T-21 funding the application is done in cooperation with the Metropolitan
Council.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-80 AUTHORIZING
WSB & ASSOCIATES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR FEDERAL
AND STATE FUNDING FOR TRUNK HIGHWAY 13 INTERSECTION IMPROVEMENTS IN AN
AMOUNT NOT TO EXCEED $18,600.
MADER: Asked if the individual applications come back to the Council for approval when complete.
MCDERMOTT: Confirmed.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of 2002 Transit Services Tax Levy
BOYLES: Discussed the City's need to levy a transit tax levy and the recommendation for this year is
the same as for the past three years in the amount of $379, 950. Further discussed that there is a
proposal before the legislature changing the source of the transit tax. However, under the current law,
the City must establish its proposed levy no later than June 30th. If the law changes, stall will return to
the Council.
ERICSON: Asked if that means depending upon the legislature, that the levy amount could be reduced.
BOYLES: Advised that staff cannot confirm the levy may be reduced until the State determines final
standards.
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City Council Meeting Minutes
DRAFT
June 18, 2001
MADER: Discussed that there has never been a straight answer from the State as to what the criteria
is for the minimum levy. The whole process is not clear and seems like the equation applicable varies
depending upon the community.
PETERSEN: Asked how this levy affects the City's desire to provide its own transit service.
MADER: Clarified that it is a matter of allocating the funds to provide its own service, or passing it on to
the MVTA. The problem is that if the City levies less than what the Metropolitan Council finds
attractive, they can assess an additional levy.
MOTION BY ERICSON, SECOND BY PETERSEN. TO APPROVE RESOLUTION 01-81
CONFIRMING THE CITY OF PRIOR LAKE'S TRANSIT TAX LEVY PAYABLE 2002 IN THE
AMOUNT OF $379,950.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake
and Spring Lake Township Pursuant to Minnesota Statutes 414.0325.
MADER: Commented that a representative of Spring Lake Township wanted to be present but wasn't
able to be here until later. Also advised that he just returned to town and he hadn't had a chance to
review the material. Suggested deferral.
ERICSON: Noted he would support deferral, but suggested establishing a timeline so that the Thomas
Ryan Park project can proceed as soon as possible.
BOYLES: Advised that the Township is generally agreeable, and that the only outstanding item came
up earlier in the day and was a concern that access to the roads in accordance with the Township
criteria.
MOTION BY MADER, SECOND BY ERICSON TO DEFER THE ITEM TO THE NEXT REGULAR
MEETING.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Consider Approval of a Motion to Initiate Proceedings to Vacate the 20-Foot Wide Easement
for Roadway Purposes Located Adjacent to the South Side of Highway 13 and Adjacent to EZ
Stop Gas Station, Velishek Auto Sales, Park Nicollet Clinic and Hollywood Restaurant, and to
Set the Public Hearing for July 2, 2001.
MOTION BY GUNDLACH, SECOND BY ERICSON TO INITIATE PROCEEDINGS TO VACATE THE
20-FOOT WIDE EASEMENT FOR ROADWAY PURPOSES LOCATED ADJACENT TO THE SOUTH
SIDE OF HIGHWAY 13 AND ADJACENT TO EZ STOP GAS STATION, VELlSHEK AUTO SALES,
PARK NICOLLET CLINIC AND HOLLYWOOD RESTAURANT, AND TO SET THE PUBLIC
HEARING FOR JULY 2, 2001.
MADER: Clarified that the City Council had previously asked the staff to initiate the process, but
apparently had not set the public hearing date.
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City Council Meeting Minutes
DRAFT
June 18, 2001
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Other Councilmember Reports
ERICSON: Discussed the construction of a sewer on Tower Street and his concerns regarding the
repavement of the area. Suggested that Councilmembers view the area and the construction in the
area. Believed that unless there are clean cuts all the way from the curb to the center of the road, the
Council won't be happy with the results.
McDERMOTT: Advised that an inspector has been on site frequently to assure that soils are
compacted. Further noted that the work is in compliance with the plans. Noted that she will review the
minutes of the Council's previous discussion and bring an update to the Council.
Frank Boyles, City Manager
if
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A motion to adjourn was made and seconded. The meeting adjourned at 8:25p
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