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New City Council Reception 6:30 - 7:30 p.m.
REGULAR COUNCIL MEETING AGENDA
1 CALL TO ORDER: .............................................................................. 7:30 p.m.
2 OATH OF OFFICE. . Mayor Jack Haugen, Councilmember Joe Zieska
3 INVOCATION
4 NATIONAL ANTHEM (Madd Jazz) and PLEDGE OF ALLEGIANCE:
5 APPROVAL OF AGENDA:
6 CONSIDER APPROVAL OF DECEMBER 17, 2001 MEETING MINUTES:
7 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 Electing the Non-Waiver of Statutory Municipal Tort
Liability Limits and Declining Excess Liability Insurance Coverage.
C) Consider Approval of a Resolution Approving a Common Interest Community Plat for
Deerfield.
D) Consider Approval of Temporary Liquor Licenses for 8t. Michael's Catholic Church for
their Gala Dinner Fundraiser: (1) Temporary 3.2 Liquor License; and (2) Temporary
Consumption and Display Permit.
8 ITEMS REMOVED FROM CONSENT AGENDA: NONE.
9 PRESENTATIONS: NONE.
10 PUBLIC HEARINGS. NONE.
11 OLD BUSINESS: NONE.
12 NEW BUSINESS:
A) Consider Approval of Appointments to Boards and Commissions
B) Consider Approval of City of Prior Lake Official Fee Schedule
13 OTHER BUSINESS/COUNCILMEMBER REPORTS:
A) "Together - A New Vision" (Mayor Jack Haugen)
14 CLOSING: God Bless America (Madd Jazz)
15 ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
December 17, 2001
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Mader, Councilmembers Petersen, Gundlach,
and Zieska, City Manager Boyles, Public Works Director Osmundson, Planning Director Rye, Planning Coordinator Kansier,
City Engineer McDermott, Assistant City Manager Walsh and Recording Secretary Meyer. Council member Ericson was
absent.
APPROVAL OF AGENDA:
Bovles: Requested adding an additional item to the Consent Agenda as Item K (Consider Approval of a Resolution
Amending Resolution 01-61 Vacating the Platted Alley and a 20' Wide Drainage and Utility Easement Located in Block 9,
Prior Lake Original Plat (Case File 01-032)).
Mader: Requested adding an Executive Session to consider the City Manager's year-end performance review.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
The next item on the agenda was 6A (Presentation to Mayor Mader)
APPROVAL OF MEETING MINUTES OF DECEMBER 3, 2001.
MOTION BY GUNDLACH, SECOND BY PETERSEN, TO APPROVE THE DECEMBER 3, 2001 MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen 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) Consider Approval of Animal Warden Monthly Report.
(E) Consider Approval of Fire Call Report.
(F) Consider Approval of Resolution 01.134 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 Resolution 01-135 Approving the Common Interest Community Number 1079 (Deerfield
Condominium) 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 Resolution 01-136 Extending the Deadline for Submittal of a Final Plat for the Matson Addition.
(K) ADDED - Consider Approval of Resolution 01.137 Amending Resolution 01-61 Vacating the Platted Alley and a 20'
Wide Drainage and Utility Easement Located in Block 9, Prior Lake Original Plat (Case File #01-032).
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE CONSENT AGENDA AS PROPOSED.
Bovles: Reviewed the remaining 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
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December 17, 2001
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA NONE
PRESENTATIONS:
Recognition of Mayor Wesley M. Mader for Service to the Citizens of Prior Lake.
Petersen: Made a presentation to Mayor Mader recognizing his many contributions and accomplishments, and thanking
him for his dedication and leadership over the past years on both the City Council and as Mayor.
Mader: Briefly discussed the accomplishments the Council, staff and City were able to realize over the past four years and
thanked the City Council, City staff and citizens of Prior Lake for the experiences he's gained.
The Council took a brief recess.
Mediacom Update (Bill Jensen)
Bovles: Introduced Regional Manager Bill Jensen.
Jensen: Discussed the number of subscribers to digital service and internet service, the status of acquiring a replacement
cable modem internet provider, and splitting of the cable and internet billing for Councilmembers. Further discussed
completion of call center renovations, indicating that the renovations should improve customer service efforts, as well as
completion of drop cable burials.
Zieska: Discussed his personal difficulty with having his cable modem installed and the customer service department, and
asked Mr. Jensen to explain how it fits into his idea of customer service.
Jensen: Admitted that there is no excuse for the situation.
Gundlach: Added he has elected to not install the cable modem because of the customer service disasters.
Mader: Suggested that Mr. Jensen follow-up on the customer service efforts and return to the Council with updates. Added
that the service is important to Prior Lake and that it is crucial to get it right.
Zieska: Complimented that the service is excellent now that it is finally running.
The next item on the agenda was approval of the previous meeting minutes
and the consent agenda.
PUBLIC HEARINGS:
Consider Approval of a Resolution Establishing Development District 3 and Proposed Tax Increment Financing
District 3-1 Relating to Creekside Plaza.
Bovles: Briefly introduced item and noted that this item in connection with the next two agenda items is a significant step in
establishing available senior housing in Prior Lake.
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Rye: Reviewed the agenda item in connection with the staff report.
Mader: Asked if the $650 per month was based on the present median income in Scott County, and that as the median
income adjusts, so could the rental rate.
Rye: Confirmed that the median income was updated annually.
Mader: Asked the representative of Ehlers to step forward, and asked him to refer to Exhibit A to the resolution. Asked if the
statement indicated that "no development with a market value of greater than $3.491 million would occur without tax
increment assistance in this district within 25 years" was a requirement of the statute. Concerned that the Council would
make a finding stating that property in the district couldn't be developed for more than $3.5 million over a period of 25 years.
Sid Inman (Representative of Ehlers) Confirmed and noted that Appendix F of the plan identifies a mathematical formula
required by statute. Clarified that the finding is specific to this project and type of development, and not to other uses.
Gundlach: Asked about the difference in the TIF request and the current proposal.
Sid Inman: Advised that the finance plan before the Council for approval sets a maximum. There will be final numbers set
out in the Development Agreement which will come back to the Council for approval.
Mayor Mader declared the public hearing open.
No persons were present to address the Council on this matter.
MOTION BY PETERSEN, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Mader; Noted that this project is a significant step in creating affordable senior housing in the community.
Gundlach: Added that this project is one building in a development of three buildings, two of which will be market rate
housing and will generate tax dollars since they require no assistance.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01.138 ESTABLISHING
DEVELOPMENT DISTRICT 3 AND TAX INCREMENT FINANCING DISTRICT 3-1 RELATING TO CREEKSIDE PLAZA.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
OLD BUSINESS:
Consider Approval of a Resolution Modifying Development District 1 and Establishing Tax Increment Financing
District 1-3 (Lakefront Plaza)
Rye: Reviewed the item in connection with the staff report.
Mader: Noted that the project would all be owner-occupied senior housing, and that the only change from the original
concept is that the financial factors have changed somewhat.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01.139 MODIFYING DEVELOPMENT
DISTRICT 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT 1-3 (LAKEFRONT PLAZA).
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Zieska: Noted that it is exciting to see this project going into the Downtown area and expects that it will incorporate the new
design standards to be considered in the next agenda item.
Gundlach: Also thrilled to see this project moving forward and thanked staff for their efforts in making the project feasible.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Mader: Also noted that projects of this sort go through many changes and that such projects are only made possible
through the efforts of staff.
Consider Approval of an Ordinance Amending Section 1102.1100 of the City Code Relating to the Downtown
Business District and Approving Summary Publication.
Rve: Noted that the ordinance has appeared before the Council at two previous meetings, and briefly reviewed the agenda
item in connection with the staff report noting the modifications made since the previous meeting. Noted that an additional
amendment would allow existing businesses to expand on the current parcel but would not include expansion onto property
acquired after the ordinance became effective.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO ADOPT ORDINANCE 01.16 REPLACING SECTION 1102.1100
OF THE PRIOR LAKE CITY CODE IN ITS ENTIRETY AND ADOPTING PUBLIC HEARING DRAFT DATED OCTOBER 22,
2001 AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
MOTION BY ZIESKA, SECOND BY PETERSEN AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 01-16.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of Final Report on Private Use of Public Right-of-Way.
Bovles: Reviewed the agenda item in connection with the staff report.
Zieska: Suggested that staff talk with the homeowners affected by driveway removal during road reconstruction projects
well in advance so that they understand that improved right-of-ways will not be replaced, and that the Council be notified at
the onset of the project as well.
MOTION BY MADER, SECOND BY PETERSEN TO APPROVE THE GUIDELINES FOR PRIVATE USE OF PUBLIC
PROPERTY WITH RESPECT TO PUBLIC RIGHT-OF-WAYS.
Mader: Noted that this will be a difficult issue, but needs to be addressed and this is a first step.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of a Resolution Extending the Professional Services Contract to Provide Construction
Observation Services for Developer-Installed Improvements with WSB & Associates, Inc.
McDermott: Provided the staff report in connection with the staff report.
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Mader: Asked about the costs of the contract.
McDermott: Advised that the rates have increased by approximately 3% and discussed the comparisons received from
other providers. Noted that the personnel used by the City are for a construction observer, senior construction observer and
graduate engineer and that the contract extends through year 2004.
Pace: Advised that the City would enter into a new standardized contract with WSB which would contain language
regarding annual increases in fees.
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-140 EXTENDING THE
PROFESSIONAL SERVICES FOR DEVELOPER-INSTALLED IMPROVEMENTS WITH WSB & ASSOCIATES, INC.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of Proposal to Resolve Outstanding Construction-Related Issues
Mader: Reviewed the history of the item and the problems to be resolved in the new library including painting specifications,
and flooring. Commented that contractors often make assumptions that government doesn't always closely watch that the
taxpayers get what they pay for, and that this staff has been rather tenacious in attempting to get the matters resolved.
Bovles: Discussed the proposal in connection with the staff report.
Gundlach: Asked why the City is absorbing any of the costs.
Pace: Commented that in her opinion the City has no fault, but that this is a compromise to avoid further litigation.
Zieska: Noted that the compromise also would save significant additional staff time, and offered permanent solutioAs.
Petersen: Asked if the flooring would then be replaced.
Bovles: Clarified that the compromise is based upon replacement of the current flooring, and the additional funds are to
install different flooring as a permanent solution.
Mader: Noted that it is clear that the contractor did not follow the specifications and that the City would likely prevail if
pursued, but with significant costs and disruption in the Library. Also noted that the architect and contractor have not yet
agreed to the compromise and that getting cooperation from them has been difficult.
Bovles: Noted that the settlement amount in the resolution should be $5242.33 each, rather than $6493. Further suggested
adding an additional finding authorizing the Mayor and City Manager to execute the necessary Release of Claims
documents as approved by the City Attorney.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-141 AS AMENDED APPROVING A
PROPOSAL FOR RESOLVING ISSUES RELATING TO THE CONSTRUCTION OF THE LIBRARY RESOURCE CENTER
AND ALLOCATING FUNDING FOR THE PERMANENT RESOLUTION OF THE PROBLEMS.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
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Consider Approval of a Resolution Authorizing Full and Final Payment to Lloyd Excavating, Inc. for Construction of
Cates Street Channel Improvement, City Project 01-15.
McDermott: Reviewed the agenda item in connection with the staff report.
Mader: Commented that staff has done an excellent job in advising the Council of contract change orders. Asked if the
appropriate steps are being taking to assure that effort continues.
McDermott: Advised that the appropriate action would be taken to make sure staff members adhere to the City purchasing
policies.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01.142 AUTHORIZING FULL AND
FINAL PAYMENT TO LLOYD EXCAVATING, INC. FOR CONSTRUCTION OF CATES STREET CHANNEL
IMPROVEMENT, CITY PROJECT 01-15.
Mader: Also noted that originally the project was estimated at $60,000 and is well under-budget thanks to staff.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
NEW BUSINESS:
Consider Approval of a Resolution Approving the Public Works Design Manual.
Mader: Suggested that staff review the document more at length with the Council either in work session, or at a subsequent
Council meeting.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO DEFER THIS ITEM TO THE SECOND MEETING IN JANUARY.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of a Resolution Authorizing the Initiation of Eminent Domain Proceedings for the Property
Required for Right-of-Way for the Ring Road, City Project 01-01, Located at 16760 Toronto Ave., PID 25-902-021-0.
Osmundson: Reviewed the agenda item in connection with the staff report.
Bovles: Pointed out that the staff has worked and does intend to work to acquire the needed properties amicably, but that
we are working within a specific timeline. With respect to quick-take proceedings, noted that there is some risk that a Board
of Commissioners will decide the value of the property subsequent to the City's taking, but process would allow the City to
acquire title and proceed with the project within 90 days. Also advised that once the action is commenced, it cannot be
stopped.
Mader: Noted that the appraisal provides for severance, but that the property is currently not used at all, which would imply
that the severance is really a penalty for dividing a larger parcel and eliminating some of its flexibility.
Osmundson: Confirmed that the property is available for parking but is not used, nor does it seem vital.
Mader: Understood that the City has made several offers based upon its appraisal, and that the property owner has
counter-offered a value of $818,000 for approximately 1.6 acres.
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Osmundson: Confirmed.
Mader: Noted that when property owners pay taxes, the property is worth so little, but when the City wants to acquire some,
suddenly the property becomes invaluable. Asked if the staff acquired the County Assessor's figures.
Osmundson: Reviewed that the gross area of Priordale is 9.03 acres and the County Assessor's total valuation for that
parcel is $754,600, including land at $180,600 or $.46 per square foot, and the building at $574,000 or $7.73 per square
foot.
Mader: Noted that while the Council does not necessarily prefer condemnation, it appears that staff will not be able to
negotiate an acceptable agreement.
Bovles: Reviewed the rationale for construction of the ring road and the public need for the property, including (1)
improving access to the area; (2) elimination of the frontage road which is an undesirable and dangerous access; and (3)
facilitation of developable parcels.
Mader: Also noted that the new road should enhance the property values in the area.
Gundlach: Believes that moving forward is paramount to constructing the ring road for both the development of the post
office site and the Crystal Care project.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-143 AUTHORIZING THE INITIATION
OF EMINENT DOMAIN PROCEEDINGS FOR THE PROPERTY REQUIRED FOR RIGHT-OF-WAY FOR THE RING
ROAD, CITY PROJECT NO. 01-01 LOCATED AT 16760 TORONTO AVENUE, PID #25-902-021-0.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of a Resolution Authorizing Staff to Prepare Plans and Specifications for Athletic Field Lighting
at The Ponds Athletic Complex.
Mader: Briefly provided a background of the item, noting the proposal to share costs from PLAY.
FriedQes: Reviewed the agenda item in connection with the staff report.
Petersen: Asked if the rate is lower for the design work on fields #1 and #2.
FriedQes: Advised that we are anticipating a break in the rate and that fields #1 and #2 are similar, but that field #7 is much
different.
Osmundson: Advised that if the design work is done all at once, one electrical box can be installed.
Mader: Noted that the last time a lighting project was completed, it was implied that the specifications effectively excluded
truly competitive bidding. Favored the project, but suggested that staff review the specifications very carefully.
FriedQes: Advises that since that time many cities have incorporated similar specifications and that has resulted in more
manufacturers making the appropriate accommodations so that they are able to bid these types of projects.
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Boyles: Noted that the funds for the project will be drawn from the Capital Improvement Program, rather than the park
maintenance budget as indicated in the approving resolution.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-144 AS AMENDED AUTHORIZING
STAFF TO PREPARE PLANS AND SPECIFICATION FOR ATHLETIC FIELD LIGHTING FOR FIELDS #1, #2 AND #7 AT
THE PONDS ATHLETIC COMPLEX.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of a Resolution Authorizing the Purchase of One Eight-Foot Front-Mount Snow Blower.
Friedqes: Reviewed the agenda item in connection with the staff report.
Zieska: Asked if the use of a blower will also reduce turf damage.
Friedqes: Confirmed, and noted that with a blower the snow can be placed more effectively.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-145 AUTHORIZING PURCHASE
OF ONE (1) 8-FOOT FRONT-MOUNT SNOW BLOWER.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried.
Consider Approval of A FSCME Contract
Walsh: Reviewed the agenda item in connection with the staff report, noting that the term of the contract is three years with
a 3% annual adjustment, several market adjustments, and health insurance increases.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-146 AUTHORIZING EXECUTION
OF THE 2002-2004 LABOR AGREEMENT BETWEEN THE CITY AND AFSCME.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
Consider Approval of a Resolution Approving Salary Range Adjustments for Unrepresented Employees for 2002.
Boyles: Reviewed the agenda item in connection with the staff report.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-147 APPROVING SALARY RANGE
ADJUSTMENT FOR UNREPRESENTED EMPLOYEES FOR 2002.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Gundlach: Thanked the Mayor for his work during the past two years that he has participated on the Council. Advised that
Wes has been a mentor and true leader, and will be missed.
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Executive Session
The Council adjourned to Executive Session to discuss
the City Manager's Pertormance Review.
The Council returned to the regular meeting and took the following action.
Mader: Briefly discussed the goals established for the City Manager prior to the year, and the accomplishments reached,
including prudent fiscal management for property taxpayers, implementation of new bus service, proceeding with the
preparation for construction of the ring road, competitive procurement, proceeding with planning of senior housing projects.
Together with many other accomplishments, the Council has been very pleased with the level of the City Manager's
performance. Advised that the Council used the same parameter as for non-union employees of 1 %-7%. Taking everything
into account, and from a tax standpoint the City has done very well which is directly to the credit of the City Manager, that
the recommendation is to increase the City Manager's base salary by 7%.
MOTION BY ZIESKA, SECOND BY GUNDLACH, TO INCREASE THE CITY MANAGER'S BASE SALARY BY 7%.
VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, the motion carried.
A motion to adjourn was made and seconded. The meeting adjourned at 11 :15pm.
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