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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Reception Honoring Mayor Mader - 6:30 - 7:30 p.m.
REGULAR COUNCIL MEETING
AGENDA
Date: DECEMBER 17, 2001
1.
CALL TO ORDER and PLEDGE OF ALLEGIANCE: ..........................7:30 p.m.
2.
APPROVAL OF AGENDA:
3.
CONSIDER APPROVAL OF DECEMBER 3,2001 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 Treasurer's Report
C) Consider Approval of Building Permit Report.
D) Consider Approval of Animal Warden Monthly Report
E) Consider Approval of Fire Call Report
F) Consider Approval of a Resolution Approving an Agreement Between the Municipal
Lawyers Association and American Society of Composers, Authors and Publishers
Regarding Settlement with Respect to the Use of Protected Materials.
G) Consider Approval of a Resolution Approving the Common Interest Community
Number 1079 (Deerfield Condomunium) Fifth Supplemental CIC Plat.
H) Consider Approval of 2002 Cigarette Licenses.
I) Consider Approval of 2002 Massage Therapy Licenses: (1) License Renewals, (2)
Tammy Lynn Enfield, (3) Tiffany Marie Landor.
J) Consider Approval of Request to Extend the Deadline for Submittal of a Final Plat for
the Matson Addition.
5.
ITEMS REMOVED FROM CONSENT AGENDA:
6.
PRESENTATIONS:
A) Recognition of. Mayor Wesley M. Mader for Service to the Citizens of Prior Lake.
B) Mediacom Update (Tom Bordwell or Bill Jensen)
7.
PUBLIC HEARINGS:
A) Consider Approval of a Resolution Establishing Development District 3 and Proposed
Tax Increment Financing District 3-1 Relating to Creekside Plaza.
8.
OLD BUSINESS:
A) Consider Approval of a Resolution Modifying Development District 1 and Establishing
Tax Increment Financing District 1-3 (Lakefront Plaza).
B) Consider Approval of an Ordinance Amending Section 1102.1100 of the City Code
Relating to the Downtown Business District and Approving Summary Publication.
121701
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
REGULAR COUNCIL MEETING MINUTES
December 3,2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Mader, Councilmembers Petersen, Gundlach,
Ericson and Zieska, Public Works Director Osmundson, Planning Director Rye, Planning Coordinator Kansier, Assistant
City Manager Walsh and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MOTION BY PETEREN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
APPROVAL OF MEETING MINUTES OF NOVEMBER 5,2001 AND SPECIAL MEETING MINUTES OF NOVEMBER 13.
2001.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE NOVEMBER 5, 2001 MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE SPECIAL MEETING MINUTES OF NOVEMBER
13,2001 AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried. Councilmember Ericson abstained.
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 Warden Monthly Report.
(E) Consider Approval of Fire Call Report.
(F) Consider Approval of Resolution Authorizing Special Assessment Adjustment for the 2001 Street Improvement Project.
(G) Consider Approval of Resolution 01.131 Authorizing Full and Final Payment to Sunram, Construction, Inc. for
construction of Boudins Manor Drainage Improvements, City Project 11-00.
Mader: Asked that item 4F be removed.
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA ITEM (A)-(E) and (G) AS
PROPOSED.
Bovles: Reviewed the remaining consent agenda items.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of Resolution Authorizing Special Assessment Adjustment for the 2001 Street Improvement
Project.
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
December 3, 2001
Mader: Explained that the item involved an adjustment to a previously defined assessment to the Frogtown project. Noted
that the property is owned by Cal Brown and that the assessment is for an improvement on a street that is not utilized by
the property. No curb cut or driveway accesses the street and the elevation is such that an access would be difficult.
Advised the in order to avoid further litigation, the City and property owner have negotiated a reduction in the assessment
by 25%. Also noted that a revised resolution had been distributed prior to the meeting.
MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01.132 AUTHORIZING SPECIAL
ASSESSMENT ADJUSTMENT FOR THE 2001 STREET IMPROVEMENT PROJECT.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
PRESENTATIONS:
Recognition of Prior Lake Lions Club for Donation of $30,000 for Construction of Band Shelter for Lakefront Park.
Mader: Introduced Bob Underferth, last year's Lion's Club president. Acknowledged the significant contribution by the Lions
Club and thanked them for their support of the Prior lake parks system.
Recognition of Retiring Park Advisory Committee and Planning Commission Members.
Bovles: Introduced and recognized Pat Heaney, Kathy Smith and Ron Ceminsky as retiring Parks Advisory Committee
members, and Tom VonHof as retiring Planning Commissioner, acknowledging their tremendous volunteer efforts.
Recognition of Prior Lake Garden Club for Maintenance of City Hall Gardens.
Boyles: Described the efforts that the Prior lake Garden Club has made in designing and maintaining the gardens at City
Hall. Thanked the Club for their on-going volunteer efforts.
Recognition of Streets and Utilities Supervisor Doug Hartman.
Mader: Discussed how lucky Prior lake had been in having an employee like Doug serve the community for the past 16
years. Added that even though government workers often are the brunt of stereotypes, he has found that the Prior lake
staff, including Doug, has been dedicated, contentious and professional. Wished Doug luck in his new job and thanked him
for his service to the citizens.
Zieska: Also thanked Doug for his efforts over the past years and noted that not only had Doug received the gratitude of the
Council, but also the respect of his peers.
The Council took a brief recess.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of a Resolution Approving the Proposed 2002 General Fund Budget and Establishing a Tax
Levy.
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Mader: Noted that even though the requirement that the City conduct a truth-in-taxation hearing has been changed, the City
Council has directed that a public information hearing with public comments be conducted.
Bovles: Reviewed the agenda item in connection with the staff report.
Mader: Asked if in the Enterprise Fund Budget the increase of 2.27% includes the transit expenses, which suggests that the
other items in that budget have decreased.
Teschner: Confirmed and noted that there was a substantial decrease in the water quality budget of approximately 13%.
The Mayor allowed the public an opportunity to address the Council.
No persons chose to speak.
Ericson: Commented that he is pleased with the efforts by staff in managing the budget for next year particularly in
comparisons to other communities.
Mader: Discussed the figures on the truth-in-taxation statements, including both the City portion of the property tax and the
Park and Library Referendum. Clarified that although an earlier newspaper article indicated that he stated the reduction in
property tax for Prior Lake would be 17%, the reality is that the reduction will be closer to 20%. The discrepancy is a matter
of receiving more current data as the budget process progressed. Reiterated that the taxes paid to the City will increase
slightly, that is due to the decision by the state to take away the financial aids they used to provide cities. But, the amount
that the tax levy is going up is less than amount that the state is taking away. Further summarized that the increase in
spending is supported by new home valuations that haven't paid taxes before, not the appreciation in property value. Lastly,
clarified that with respect to the new transit service there has been considerable cooperation with the Met Council, which is
one of the reason the Met Council will be paying for the two new buses. Noted that the enterprise fund budgets have only
gone up 2.7% which includes the bus service expenses. Further noted that an article appeared in the Prior Lake American
recently applauding Scott County for its budget reduction. Commented that last year, when this Council asked for a 7%
reduction, and the City Manager and staff submitted a 10% reduction, there was no front page story despite the City cutting
the budget without cutting services. Supported this year's budget.
MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01.133 APPROVING THE PROPOSED 2002
GENERAL FUND BUDGET AND ESTABLISHING A TAX LEVY.
Teschner: Clarified that with respect to property valuation increases, the average increase was 8.5%, which is a maximum
statutory increase that market value can move from one year to the next. Also discussed the City's liability policy and
advised that staff will come back with a recommendation in connection with lift stations and restoration coverage in
instances of sewer backups when property owners own coverage is absent.
Gundlach: Complimented staff on their efforts in managing this year's budget particularly in the face of a difficult year with
the state restructuring property taxes.
Mader: Added that his understanding is that several years ago, Prior Lake was 6th among metro area cities in tax rate.
Believed the City would now be in the bottom half in tax rate in comparison to those same metro area cities.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
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City Council Meeting Minutes
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December 3,2001
Consider Approval of a Report Regarding Ordinance Amending Section 1102.1100 of the City Code Relating to the
Downtown Business District.
Bovles: Advised that the intent is to review with Council the direction the Downtown Ordinance is taking. No action is
requested at this time other than input from Council members.
Rve: Reviewed the item in connection with the staff report.
Mader: Asked if an existing non-conforming business can purchase adjacent property to expand a business.
Rve: Advised that the proposed ordinance would allow expansion to an adjacent parcel provided the zoning is the same.
Mader: Asked the Council to consider this item carefully in that the initial intent was to not allow expansion of non-
conforming businesses in order to encourage development of other more preferred types of businesses. Believed that
business could expand the business on the particular parcel, but not to additional parcels.
Ericson: Agreed and advised that his intention was that current non-conforming businesses could be remodeled or re-built
in the event of a catastrophe, but not that they could expand the business to an adjacent lot.
Gundlach: Asked if the changes proposed created a scenario where the ordinance has changed, but the make-up of the
Downtown area may not be impacted.
Rve: Believed the ordinance will significantly improve the quality over the long-term, and closes the door for certain uses
while protecting those currently operating.
Zieska: Agreed with the comments of Mayor Mader and Councilmember Ericson with respect to expansion. Asked if the
ability to expand would also apply if ownership changes.
Rve: Confirmed.
Mader: Advised that no action was required and that staff had been provided with appropriate direction to return December
17th with the ordinance for adoption, addressing the issue of expansion of existing uses on adjacent parcels.
The Council took a brief recess.
Consider Approval of Appointment of Two Individuals to the Park Advisory Committee.
Bovles: Reviewed the agenda item and advised that the recommendation is to take no action at this time and solicit
additional applicants.
Mader: Preferred proceeding with the appointments since there are two interested volunteers.
Zieska: Advised that the interview committee met and felt that one applicant offered a positive perspective on continuing to
improve the park and recreation programs of the City. The other applicant did not seem to fit with the goals of the
committee. Believed it was important to defer to the recommendation of the committee.
Petersen: Suggested that the applications seem to indicate that the applicants are qualified to serve on the committee, and
that they had volunteered their time.
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December 3,2001
MOTION BY GUNDLACH, SECOND BY MADER TO APPOINT LORI HELGESTED AND PATRICK MCFADDEN TO
THREE-YEAR TERMS ON THE PARK ADVISORY COMMITTEE.
Mader: Supported appointment of both applicants and that the committee should be open to diversity within its
membership.
Zieska: Stood behind the rationale and recommendation of the interview committee.
VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Zieska, the motion carried.
NEW BUSINESS:
Consider Approval of an Ordinance Revising Section 901 of the City Code Relating to Traffic Regulations.
O'Rourke: Reviewed the agenda item in connection with the staff report, advising that the revised ordinance is a
housekeeping measure intended to make the regulations current and consistent with state statute.
Zieska: Complimented the City Manager and Chief O'Rourke in responding to the Council directive to clean-up and update
some of the existing City Code provisions.
MOTION BY ERICSON, SECOND BY ZIESKA TO ADOPT ORDINANCE 01.14 AMENDING SECTION 901 OF THE CITY
CODE RELATING TO TRAFFIC REGULATIONS.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of an Ordinance Amending Section 501 and 502 of the City Code Relating to the Prior Lake
Volunteer Fire Department.
Boyles: Reviewed the agenda item in connection with the staff report, noting that this item is also a housekeeping and
update item and is in response to an initiative by the fire department to revise their bylaws. Revising the ordinance is the
first step in that process.
MOTION BY ZIESKA, SECOND BY ERICSON TO ADOPT ORDINANCE 01.15 AMENDING SECTIONS 501 AND 502 OF
THE CITY CODE RELATING TO THE PRIOR LAKE VOLUNTEER FIRE DEPARTMENT.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Report Relating to Private Use of Public Right-of-Way.
Mader: Briefly provided a background of the item and the rationale for asking the City Manager to address this item.
Boyles: Discussed the results of a survey completed by staff, the significance of many of the improvements, and the issues
identified in trying to preserve the public right-of-way. Further discussed his recommendation in connection with the staff,
including developing a driveway permit for new drives and parking areas, existing drives impacted by the 5-year street
reconstruction projects will not be reconstructed, and to enter into private use of public property agreements with those
property owners that have drives/parking areas in the right-of-way but are outside the 5-year CIP. Asked the Council for
further input.
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Ericson: Asked what happens if an indemnification agreement can't be obtained.
Boyles: Believed it would then to necessary to proceed to take Court action to compel execution of the agreement or
remove the parking pad.
Gundlach: Concerned that the number of parking pads has probably increased since the survey. Commented that there will
also be significant controversy.
Mader: Agreed that it is a significant problem that previous Council's have also seen, but that it needs to be addressed in
some fashion. Suggested calling the permit a right-of-way permit rather than a driveway permit for new construction. Also
suggested that since the 5-year CIP changes continually, that the definition of those particular properties needs to be
tightened up. Believed that indemnification agreements are necessary to protect the City from increased liability. Supported
the City Manager's recommendation with those slight amendments.
Gundlach: Asked about the next step.
Boyles: Believed that the next step is to start providing notices to property owners impacted.
Zieska: Suggested that at the front end of improvement projects that staff advise property owners upfront that those parking
pnds would not be replaced, despite any indemnification agreement that may have been previously signed.
Mader: Suggested that staff take the input provided and bring the item back to the Council for formal approval on December
17th.
Consider Approval of a Joint Powers Agreement between the City of Prior Lake and Scott County Regarding
Telecommunications Facilities in County Road Rights-of-Way.
Rye: Reviewed the agenda item in connection with the staff report.
Mader: Asked if the agreement suggests that if the County were agreeable to allowing a tower on County Road 12 for
example, the City would have no authority under this agreement. Concerned that the neighborhoods will look to the City to
protect them in such instances. Would be uncomfortable giving up any authority the City may have.
Rye: Noted that the implication is that the City would defer to the County as the regulating authority. State statute is clear in
that regard. The City took the responsibility under our right-of-way ordinance to regulate City right-of-ways. It was the staff
conclusion that similar authority for the right-of-way along County roads would apply.
Boyles: Added that the County is likely to have many of the same concerns for use of right-of-ways along County roads as
are reflected in our own right-of-way ordinance, including liability. Also advised that the City Attorney had been very
involved in the process.
Mader: The questions before the Council are (1) is it willing to relinquish the responsibility to the County in this regard, if
any, and (2) is the City legally obligated to relinquish such authority. Suggested a joint powers agreement with the County
that would require joint approval by the County and City. Suggested deferral of the issue at this time in order to have the
City Attorney provide an opinion.
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Ericson: Would also be more comfortable with some sort of joint approval between the County and City for use of right-of-
ways along County roads within the City.
MOTION BY MADER, SECOND BY GUNDLACH TO DEFER THIS ITEM TO THE NEXT MEETING.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Zieska: Invited all Council members to the next Parks Advisory Committee which is a year-end social. Also noted that he will
look forward to the next meeting when Mediacom will be present. His frustrations with Mediacom continue.
Ericson: Advised that he would not be able to attend the next meeting and wanted to thank the Mayor for his leadership
and expressed admiration for the Mayor's dedication and service.
A motion to adjourn was $de and seconded. The meeting adjourned at 9:45pm.
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