HomeMy WebLinkAboutAgenda & Minutes ..REG~JLAR ~C,OUNCIL MEETING AGENDA
16200 Eagle ~reeK/-~venue ~.r_..
Prior Lake, MN 55372-1714
DECEMBER 1, 2003
7:00pm
Fire Station No. 1
CITY coUNcIL WORK SESSION
There is no work session scheduled.
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.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF NOVEMBER 17, 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 Authorizing the Removal of No Parking Signs from Huron Street
West of Fish Point Road.
C) Consider Approval of a Resolution Electing the Non-Waiver of Statutory Municipal Tort Liability
Limits and Declining Excess Liability Insurance Coverage.
D) Consider Approval of a Resolution Approving Common Interest Community Plat No. 1131 {Timber
Crest Park) Fourth Supplemental CIC Plat.
E) Consider Approval of a Resolution Authorizing Fund Transfers Necessary for the Ring Road Phase 2
Improvement Project (Five Hawks/CSAH23/TH13).
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A) Truth-in-Taxation Hearing for Proposed 2004 City Budgets.
B) Public Hearing to Consider Appeal of Planning Commission Denial of a Variance for Construction of
a Single-Family Dwelling at 2719 Spring Lake Road (Hines).
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
C) Public Hearing to Consider Appeal of Planning Commission Denial of a Variance to Construct a
Deck Addition to a Single-Family Dwelling at 14624 Oakland Beach Avenue (VanPelt),
D) Public Hearing to Consider Appeal of Planning Commission Denial of a Variance to Construct a
Deck Addition to a Single-Family Dwelling at 2830 Fox Run (McCoy).
8. PRESENTATIONS::
A) Norex Team Regarding New Facility (Ron Haberkom, John Muench, Tom Ditty)
9. OLD BUSINESS::
A) Consider Approval of a Resolution Approving a Final PUD Plan and the Final Plat and Development
Contract for Crystal Bay.
10. NEW BUSINESS::
A) Consider Approval of Volunteer Firefighters' Request for Improved Pension Benefits and Amended
Bylaws of the Prior Lake Fire Department Firefighters Relief and Pension Association.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
120103
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
November 17, 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, City Engineer McDermott, Planning Coordinator Kansier and Administrative
Assistant Meyer.
PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concems 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.
Boyles: Reviewed the procedure for the public forum.
No persons were present to speak at the Public Forum.
APPROVAL OF AGENDA:
Boyles: Requested adding an Executive Session under Other Business to discuss pending litigation.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE THE NOVEMBER 17, 2003 REGULAR MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoice~ 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 Monthly Fire Call Report.
(F) Consider Approval of Resolution 03-189 Approving the Common Interest Community Number 1136 (Bluff Heights
Apartments) CIC Plat.
(G) Consider Approval of Resolution 03-190 Authorizing the Mayor and City Manager to Enter into a Lease Agreement
with Flowers Naturally for the Property Located at 16244 Eagle Creek Avenue.
(H) Consider Approval of Resolution 03-191 Approving a Common Interest Community Number 1118 (Timbercrest Village
Homes) CIC Plat Third Supplement.
(I) Consider Approval of Resolution 03-192 Authorizing Full and Final Payment to Kusske Construction Company, Inc. for
the Eagle Creek Drainage Improvement Project.
BOYLES: Reviewed the Consent Agenda items.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
DRAFT
November 17, 2003
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS: NONE.
PRESENTATIONS:
Presentation of Plaque to Retiring Planning Commissioner Bill Criego.
Bo¥1es: Discussed the changes Commissioner Cdego has been a part of during his tenure as a Planning Commissioner.
Also noted his reputation for being a master of the City Zoning ordinance, his in-depth analysis, and his empathy for the
citizens who have come before the Planning Commission. In a public hearing process that is often difficult, Bill displays an
ability to seek compromise. Thanked Bill Criego for his dedication to the Prior Lake community.
Mayor Haugen presented Mr. Criego with a plaque of recognition
for his 8+ years of dedicated service.
Criego: Thanked the City Council, the City planning staff, and his fellow commissioners over the years.
Presentation of County Highway 21 Corridor Study and Appointment of Council Liaison (Short, Elliot, Hendrickson
and Brian Sorenson)
Osmundson: Reviewed the agenda item in connection with the staff report, and asked for a Council member to participate
in the CSAH 21 Corridor Study process.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPOINT MAYOR HAUGEN AS THE COUNCIL LIAISON FOR THE
CSAH 21 CORRIDOR STUDY.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeUair, the motion carried. Mayor Haugen abstained.
25th Anniversary of the Prior Lake Rotary Club
Boyles: Reviewed the agenda item in connection with the staff report, and introduced Rotary President Gerry Wersal to
summarize the Rotary Club's 25 year contribution to the Prior Lake community.
Gerry Wersal: Discussed the centennial anniversary of Rotary International, noting charter members Bob Barsness and Ev
Nelson who continue to participate in Rotary efforts. Discussed the activities of members in vocational service, club service,
community service, and international service. Thanked the community for its support of the local Rotary club.
Haugen: Thanked Mr. Wersal for his well-spoken description of the contributions of the Prior Lake Rotary Club and Rotary
International.
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City Council Meeting Minutes
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November 17, 2003
OLD BUSINESS
Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and Spring Lake
Township Pursuant to Mn. Stat. 4114.0325 (Busacker).
Kansier: Reviewed the agenda item in connection with the staff report, clarifying the "2 times" provision of the Orderly
Annexation Agreement, noting that it is the City Attorney's conclusion that the provision does not apply to properties
annexed prior to 2004.
Blomber.q: Asked if the $1875 is a one-time payment?
Kansier: Explained that the payment was paid prior to the annexation and another payment in the same amount would be
received.
Zieska: Asked for clarification of the 2x provision, and the payment of taxes for 2004.
Pace: Explained that OAA addresses the 2X payment for properties annexed between 2004 and 2008. Under these
circumstances, it is her opinion that the City should not be required to pay a second time. The first City taxes from this
property would be payable in 2005.
Zieska: Noted that no services would be provided to the property at this time.
Osmundson: Confirmed.
LeMair: Asked about the collection of special assessments.
Kansier: Explained that the special assessments would be collected through the development contract.
Pace: Added that the collection of the special assessments is in lieu of re-assessing the project.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-193 APPROVING THE
OREDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MN.
STAT. 414.0325 (BUSACKER).
VOTE: Ayes by Haugen, Petersen, and Zieska; Nay by Blomberg and LeMair, the motion carded.
NEW BUSINESS
Consider Approval of a Report Regarding Possible Zoning Ordinance Amendments.
Kansier: Reviewed the agenda item in connection with the staff report, including a discussion associated with water-
odented accessory structures, free-standing signs, temporary storage structures, considering Hardy Board as a class I
material, newly annexed properties, restriction of fencing along ripadan property, off-premise advertising for regional
facilities, and giving the Planning Commission final authority on conditional use permits. Further discussed the process by
which any of these amendments could be considered. Staff also suggested a follow-up work session with the Council, or
that the Council direct staff to take the item back to the Planning Commission for recommendation.
LeMair: Believed that it is important to utilize the expertise of the Planning Commission for a recommendation.
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City Council Meeting Minutes
DRAFT
November 17, 2003
Zieska: Agreed. Also suggested that a discussion be started to require a setback from a future deck, assuming the average
size is 12 foot.
Petersen: Commented that he is not clear on the need for some of the discussed revisions. Suggested that the Planning
Commission start the process because a larger group seems cumbersome.
Blomberq: Disagreed with Councilmember Petersen and believed a joint meeting would be valuable for the initial process.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO DIRECT STAFF TO SCHEDULE A JOINT WORK SESSION
BETWEEN THE CITY COUNCIL AND PLANNING COMMISSION TO REVIEW THE POTENTIAL AMENDMENTS.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Pace: Clarified that the intent is to jointly come up with parameters for any ordinance amendment, rather than addressing
specific language.
Hau.qen: Confirmed.
Consider Approval of Resolutions (1) Authorizing Execution of the City's Standard Professional Service Contract
with Bonestroo, Rosene, Anderlik and Associates, Inc. (BRAA) to Prepare a Surface Water and Natural Resources
Grants for the Preparation of the Natural Resource Inventory; and (2) Accepting Two Minnesota Department of
Natural Resources Grants for the Preparation of the Natural Resource Inventory.
McDermott: Reviewed the agenda item in connection with the staff report.
Blomber.q: Asked for clarification as to whether there are identifiable projects.
McDermott: The intent is to work with the Lake Advisory Committee and the County over the course of the next year to
begin a joint program for stabilizing the lakeshore.
Petersen: Believed this is a valuable project.
Hau.qen: Commented that much of the project is to be paid for through grant money.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-194 AUTHORIZING EXECUTION OF
THE CITY'S STANDARD SERVICE CONTRACT WITH BONESTRO0, ROSENE, ANDERLIK AND ASSOCIATES, INC. TO
PREPARE A SURFACE WATER AND NATURAL RESOURCES GRANTS FOR THE PREPARATION OF THE NATURAL
RESOURCE INVENTORY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-195 ACCEPTING MINNESOTA RE-LEAF
GRANT PROGRAM AGREEMENT FOR THE PREPARATION OF THE NATURAL RESOURCE INVENTORY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-196 ACCEPTING DNR
ENVIRONMENTAL PARTNERSHIP GRANT FOR THE PREPARATION OF THE NATURAL RESOURCE INVENTORY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried.
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City Council Meeting Minutes
DRAFT
November 17, 2003
Consider Approval of a Resolution Authorizing the Acquisition of Streetlights from Xcel Energy for the Downtown
Area and Lakefront Park.
McDermott: Reviewed the agenda item in connection with the staff report.
LeMair: Asked if a specific number of poles had been incorporated for downtown businesses to pumhase and what the lead
time is when additional poles are needed. Also asked what businesses were interested in the lighting.
McDermott: Believed that a few additional poles were included for businesses. Did not know the lead time for additional
purchases. Advised that Fong's and Jim Speiker were interested in purchasing the lights. Believed that additional
opportunities will present themselves as redevelopment occurs.
Boyles: Explained the funding sources as the Capital Park Fund for the Lakefrent Park lights, and the Collector Street Fund
for the lights installed in connection with the Downtown Street Reconstruction project.
Zieska: Believed this is a great addition to the Downtown area, and is yet another piece of the streetscaping project that the
Long-Range Planning Committee defined as a needed addition to the community.
Blomber.q: Believed it important to take advantage of the pricing now, rather than wait and have to absorb a 10%-15%
increase.
Hauflen: Agreed.
MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-197 AUTHORITING THE
ACQUISITION OF STREET LIGHTS FROM XCEL ENERGY FOR THE DOWNTOWN AREA AND LAKEFRONT PARK.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried.
Consider Approval of a Motion Directing Staff to Enter into Negotiations with Scott County for the Acquisition of
Property (Spring Lake Regional Park).
Boyles: Reviewed the agenda item in connection with the staff report.
Blomber,q: Supported the action. Discussed the fit in including athletic fields within the northeast corner of the regional
park. Believed all parties feel this would be a great compliment to the area and addresses an identified need for our
community.
Councilmembers Petersen, Zieska and LeMair concurred.
LeMair: Believed the acquisition and development of the ball parks would motivate the County and Three Rivers to
accelerate the remaining development of the park.
Haugen: Noted that the 2020 Vision identifies parks as a key focus. Also believed implementation of the Orderly
Annexation Agreement means additional residents will need to be accommodated. It is important for the City to control the
property in order to maintain its options for the development. If we wait, the price continues to rise. The Capital Park Fund is
set up for just this type of acquisition.
City Council Meeting Minutes
DRAFT
November 17, 2003
MOTION BY PETERSEN, SECOND BY ZIESKA, DIRECTING STAFF TO ENTER INTO NEGOTIATIONS WITH SCOTT
COUNTY FOR THE ACQUISITION OF PROPERTY (SPRING LAKE REGIONAL PARK).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried.
OTHER BUSINESS
Haugen: Announced that Communications Coordinator Nathan Oster and his wife Julie had a new baby this past Thursday.
Executive Session to Discuss Pending Litigation
The Council adjourned to Executive Session.
Upon returning from Executive Session, the Mayor advised that the City Attorney
had reviewed the terms of a Settlement Agreement in the litigation
with Helen Vieding.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE SETTLEMENT AGREEMENT WITH HELEN VIERLING
UNDER THE TERMS PROPOSED BY THE CITY ATTORNEY IN EXECUTIVE SESSION, AND DIRECTING THE CITY
ATTORNEY TO FINALIZE THE LITIGATION.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
With no other comments from Councilmembers, a motion to adjourn was made and s, efconded. The meeting adjourned at
11:15pm.
Frank Boyles, City Manager Kelly Mey/e~ecording Secretary
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