HomeMy WebLinkAboutAgenda & Minutes
7:00 PM FORUM - (Grain wood Park Homeowner's Association - Cheryle Theisen)
REGULAR COUNCIL MEETING
AGENDA
Date: MARCH 18, 2002
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF MARCH 4, 2002 REGULAR MEETING MINUTES AND
MARCH 11,2002 SPECIAL MEETING MINUTES.
4. 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 Treasurer's Report
C) Consider Approval of Building Permit Report.
D) Consider Approval of Monthly Fire Call.
E) Consider Approval of a Temporary 3.2 Liquor License for Prior Lake Jays / Mudcats
Baseball Season.
F) Consider Approval of 2001 Variance Summary Report.
G) Consider Approval of a Resolution Awarding Quotation for Purchase of Four 10-Row
Bleachers for Thomas Ryan Memorial Park.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A) Police Officer of the Year (Chief O'Rourke)
7. PUBLIC HEARINGS:
A) Consider Approval of a Resolution Ordering the 2002 Public Improvement Project
(Pixie Point Circle, Lori Road and Estate Avenue, Green Oaks Trail) and Authorizing
Preparation of Plans and Specifications.
8. OLD BUSINESS:
A) Consider Approval of Proposed Strategies and Programs to Implement 2002 Goal #3 -
Update Strategic Plan.
031802
,...""'_._"..._....~.
!
. _.......~----~
B) Consider Approval of Proposed Strategies and Programs to Implement 2002 Goal #4 -
Groundwater Plan.
C) Consider Approval of a Resolution Amending the 2002 Capital Improvement Program
Relating to the Purchase of Replacement Park Trees.
D) Consider Approval of a Resolution Relating to the Acquisition and Installation of Field
Lighting for Ponds Park Fields No.1, 2 and 7.
E) Consider Approval of a Resolution Authorizing the Purchase of Skate Park Equipment.
9. NEW BUSINESS:
A) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter
into a Contract with WSB & Associates, Inc. to Prepare Plans and Specifications and
Provide Construction Observation Services for Lift Station No. 18 Improvements (City
Project #02-02).
B) Consider Approval of Resolutions Relating to County Road 42 / 83 Improvement
Project: (1) Approving Scott County Plans and Specifications to Improve CSAH 83; (2)
Approving Scott County Plans and Specifications to Improve CSAH 42; (3) Restricting
Parking on CSAH 83; and (4) Restricting Parking on CSAH 42.
C) Consider Approval of a Resolution Denying the Planned Unit Development Preliminary
Plan for a 32-Unit Townhouse Development and a Resolution Denying the Preliminary
Plat to be Known as Eaglewood East.
D) Consider Approval of an Ordinance Approving a Zone Change to the R-4 District on
the Property Located on the West Side of Pike Lake Trail, Directly South of Fountain
Hills Drive (Case File No. 02-008).
E) Consider Approval of a Resolution Authorizing the Preparation of Plans and
Specifications and to Solicit Quotes for the Lords Street Bridge Maintenance
Improvements.
F) Consider Approval of a Resolution Approving Acquisition of Property for the Ring Road
Project and Authorizing the Mayor and City Manager to Execute Related Documents
(Borka).
G) Consider Approval of an Ordinance Amending Section 307.1100 of the Prior Lake City
Code Relating to Outdoor Concerts.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
031802
, ..,~ -_.,....- ~....-->. "'.,---...'''...............' .-, ,-
..._- ._..~-_.._._-,--_.._----_.--.........
REGULAR COUNCIL MEETING MINUTES
March 6, 2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Petersen and Zieska,
City Manager Boyles, City Attorney Pace, Finance Director Teschner, Community Development Director Rye, Assistant City
Manager Walsh and Recording Secretary Meyer. Councilmembers Ericson and Gundlach were absent.
APPROVAL OF AGENDA:
Bovles: Requested removal of item 9C (Consider Approval of a Resolution Approving the Acquisition of Property and
Authorizing the Mayor and City Manager to Execute Related Documents tor Right-ot-Way tor the Ring Road), and adding as
Item 90, Consider Approval of Resignation of City Councjlmember Jim Ericson, Declare a Vacancy on the City Council, and
Consider Method for Filling City Council Vacancy.
HauQen: Further requested adding several brief reports under Other Business: 10A - Long-Range Planning Committee,
10B - Report on Bureau of Indian Affairs meeting in Washington DC, and 10C - Community Development Activities.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
APPROVAL OF MEETING MINUTES OF FEBRUARY 19. 2002 REGULAR MEETING MINUTES.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE FEBRUARY 19, 2002 MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Monthly Animal Warden Report.
(C) Consider Approval of Resolution 02-29 Approving the Final Plat and Development Contract for Matson Addition.
(D) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the
Metropolitan Council for Transit Capital Financial Assistance.
(E) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of St. Michael AprilFest.
(F) Consider Approval of Preliminary 2001 4th Quarter Budget Report.
Bovles: Reviewed the consent agenda items.
Zieska: Asked for Item 40 to be removed.
HauQen: Asked for Item 4F to be removed.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE CONSENT AGENDA ITEMS (A) THROUGH (C) AND (E)
AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, and Zieska, the motion carried.
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
March 6,2002
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the
Metropolitan Council for Transit Capital Financial Assistance.
Zieska: Reported to the Council a recent trip he took Downtown using the new Laker Line bus service, noting that the trip
was very pleasant and efficient. Further complimented staff on the overall implementation of the service and asked if there
was an expected arrival date for the new buses.
Walsh: Advised that the new buses are expected to be delivered in late March, and then Councilmembers will be invited to
participate in a Grand Opening event.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02.30 AUTHORIZING THE MAYOR AND
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN COUNCIL FOR TRANSIT CAPITAL
FINANCIAL ASSISTANCE.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
Consider Approval of Preliminary 2001 4th Quarter Budget Report.
Teschner: Briefly reviewed the 4th Quarter Budget Report noting revenues that exceeded projections, primarily attributed to
unusually strong building activity. Did not anticipate such sources of revenue could be expected over the long-term. The
City also received some interest benefit by extending its investments to a longer term. Also discussed possible financial
affects upon the City as a result of State aid cutbacks, any capital improvements for facilities, and any possible liability for
current litigation established a need for the City to maintain a healthy reserve. Overall, the City is in a very favorable
financial position.
HauQen: Commented that the City appears well positioned for the future.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE PRELIMINARY 2001 4TH QUARTER BUDGET REPORT.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
PRESENTATIONS: NONE.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of a Tax Increment Financing Development Agreement for Creekside Estates and Authorizing
the Mayor and City Manager to Execute Same.
Rve: Reviewed the agenda item in connection with the staff report, noting that this is the first time Prior Lake had used tax
increment financing for a residential project. The project is a 54-unit rental building for senior citizens with 20% of the units
having rents that are affordable according to state and federal guidelines. Further advised that the difference between this
agreement and the approved PUD agreement is that this agreement sets up how the tax increment assistance is provided
to the developer, where the PUD agreement deals with the physical structure of the development.
2
City Council Meeting Minutes
DRAFT
March 6, 2002
Bovles: Added that the City becomes associated with this project and this is a mechanism through which the City is able to
assure that this project proceeds and reserves housing for low-to-moderate income seniors as a result of a comparatively
small investment that the City makes in the project through tax increment financing.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE DEVELOPMENT AGREEMENT AS PROPOSED BY
STAFF.
Sid Inrnan (Ehlers & Associates): Pointed out that the tax increment district only imposes income limitations. The City has
added a higher standard imposing both income and rent restrictions.
Bovles: Commented that one of the concerns of the Council was that income and rent limitations not only be available for
the first year, but to be able to provide some degree of permanency to the extent possible. Asked how that issue is
addressed.
Inman: Advised that this project is a 20-year pay-as-you-go TIF program, which means any year that the developer fails to
comply would mean loss of the assistance as well as incurring penalties. In short, they would lose money for failing to
comply any time between now and the end of the 20-year period.
HauQen: Asked how the standard is managed.
Inman: Advised that this mirrors a tax credit program as far as reporting requirements. The City will receive a report for
review prior to making any of the payments to assure they are in compliance. HUD updates the standards for low and
median income housing annually.
Zieska: Glad to see the project come to fruition to address the life cycle housing needs of the community.
Harold Jesh (petitioner): Thanked the City staff for all of its assistance to make the project work.
Bovles: Noted that the Development Agreement attached to the report is in legislative format. The final version is in the
signature file for execution should the Council's action direct.
HauQen: Also acknowledged that Councilmembers Ericson and Gundlach were not present, but that they had worked very
hard on this project and that life cycle housing has been of particular concern to them.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
Hauaen: Thanked Mr. Jesh for his comments about working with the City staff.
NEW BUSINESS
Consider Approval of 2002 City Manager / City Staff Goals and Objectives
Bovles: Reviewed the process by which this year's goals were established and read each of the eight proposed goals for
2002.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE 2002 CITY MANAGER / CITY STAFF GOALS AND
OBJECTIVES.
3
City Council Meeting Minutes
DRAFT
March 6, 2002
Zieska: Thanked City staff who participated in the work session and those who submitted comments.
Petersen: Believed the discussion at the work session was well-organized and thanked the City Manager.
HauQen: Looked forward to expanding upon each of these goals over the next several weeks to set more specific
programs. Also thanked the 30+ staff members for contributing 130 proposals for goals and objectives.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
Consider Approval of an Amendment to 2002/2003 Capital Improvement Program Relating to a Skate Park Facility.
Bovles: Briefly reviewed the agenda item in connection with the staff report and the rationale for recommending
accelerating the construction of the skate park.
HauQen: Agreed with accelerating the project because there seems to be a lot of interest in the project. Also note two
letters he had received in the past few days requesting acceleration of the project.
Petersen: Advised that not only had he heard this request on his campaign trail, but he had also received some feedback
from the Optimists regarding their $25,000 contribution. Believes it is appropriate to accelerate the project.
MOTION BY PETERSEN, SECOND BY ZIESKA TO MOVE THE CONSTRUCTION OF A SKATE PARK FACILITY FROM
THE 2003 CAPITAL IMPROVEMENT PLAN TO THE 2002 CIP.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
Bovles: Asked for some direction from the Council as to the direction the staff should go in planning the project. Noted that
there are many intangibles that will affect the cost of the project including location, level or tier, supervision costs, and
potential cooperation with additional service organizations.
Walsh: Advised that the Parks Advisory Committee had discussed several sites at Lakefront Park, as well as at Ponds
Park. As yet they have no recommendation and would like to further review data, costs and remaining options.
HauQen: Asked if the youth has been involved in any of the discussions regarding the park at this point.
Walsh: Advised that the intent is that the youth would be included once the project moves forward.
Petersen: Commented that he would like to see more data before making any kind of commitment regarding funding.
Bovles: Clarified that the intent is not to assign funding, but to direct the Parks Advisory Committee to address these
parameters as they gather data.
Zieska: Advised that the Parks Advisory Committee has discussed how to research this project, but that they should not
necessarily be constrained by the amount of the Optimists contribution as the only source of funding.
MOTION BY ZIESKA, SECOND BY PETERSEN TO DIRECT STAFF, TOGETHER WITH THE PARK ADVISORY
COMMITTEE TO COMPLETE THE PLANNING PROCESS FOR THE FACILITY AND MAKE A RECOMMENDATION TO
THE COUNCIL FOR APPROVAL ADDRESSING THE ISSUES RAISED IN THE STAFF REPORT.
4
City Council Meeting Minutes
DRAFT
March 6, 2002
HauQen: Added that the lack of a skate facility seems to have left items such as railings, benches and stairs vulnerable to
excessive wear, not to mention the safety of pedestrians.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
[ADDED]
Consider Approval of Resignation of City Councilmember Jim Ericson, Declare a Vacancy on the City Council, and
Consider Method for Filling City Council Vacancy.
Bovles: Advised that Councilmember Ericson had informed him by telephone of his intent to resign his Council seat
effective Friday, March 8, 2002, because he had moved outside the Prior Lake corporate limits.
MOTION BY ZIESKA, SECOND BY PETERSEN TO ACCEPT THE RESIGNATION OF COUNCILMEMBER ERICSON.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
MOTION BY ZIESKA, SECOND BY PETERSEN TO DECLARE A VACANCY ON THE PRIOR LAKE CITY COUNCIL.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
Bovles: Reviewed his recommendation for filling the City Council vacancy as set out in the staff report.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE PROCESS FOR FILLING THE CITY COUNCIL
VACANCY AS PROPOSED BY STAFF.
Zieska: Suggested holding interviews before the Council during a live broadcast, keeping all the candidates in the
conference room so they are unable to get any advantage by hearing another candidate's interview.
Pace: Clarified that motion declaring the vacancy should have been effective Friday, March 8, 2002.
There was some discussion that the motion declaring a vacancy should be amended to be
effective Friday, March 8, 2002, and that at such time as written confirmation of the resignation is
received, the staff should proceed with the process for filling the vacancy.
The motion and second accepted the amendment. Upon a vote, there was unanimous approval.
HauQen: Suggested that there be no limit to the number of applicants or number of interviews held. Also suggested that
instead of having applicants provide written essays, that the candidates take the four questions posed by the City Manager
and respond to them in a presentation format during a live broadcast.
Petersen: Concerned about including an unlimited number of interviews during a regular Council meeting. Suggested a
special session.
The motion and second accepted the amendments proposed.
Bovles: Summarized that the process is to include (1) solicitation of candidates through an ad in the Prior Lake American;
(2) each of the candidates shall be provided, as part of the application, a series of four questions as proposed in the
application in the staff report; (3) during a televised special meeting of the City Council, each applicant would provide a 5-
minute presentation in response to the four questions; (4) the Council would then each ask a follow-up question; and (5) at
5
City Council Meeting Minutes
DRAFT
March 6, 2002
a subsequent regular meeting, the candidates would be discussed and an appointment made. The timeline would be to
proceed as quickly as possible, anticipating approximately 45 - 60 days to reach final appointment.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
The Council took a brief recess. Upon returning from the recess, the Mayor advised
that the City Attorney has recommended that a special meeting be held in order to declare the vacancy
on the City Council once written confirmation of the resignation is formally received.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Long-Range Planning Committee
Bovles: Briefly advised the Council that a mailing had been completed over the past week to approximately 150 individuals
soliciting their participation on this committee. The intent is to get 25 to 40 persons to participate in a series of
approximately 4 meetings over a 2 to 3 month period. The purpose of the committee is to provide the City staff and Council
will better data on which to base the City's Strategic Plan. Staff will begin in the next several weeks to follow up with
prospective applicants by telephone.
HauQen: Encouraged people to participate and advised that the intent is receive input as globally as possible, not limiting
the committee to only residents, but surrounding community groups, the County, the Sioux Community, and so on.
Rve: Advised that at the Chamber of Commerce Board meeting there seemed to be a consensus that whether you were on
the committee or not, please participate and share your interests and concerns.
Walsh: Advised that the Chamber Board directed that the Executive Director participate directly, but that it did not preclude
other Chamber members from participating.
Report Regarding Bureau of Indian Affairs Meeting in Washington DC.
Bovles: Provided a brief history of the Mdewakaton Sioux Community's applications to have property they own put into trust
status through the federal government, and the impacts such action has on the surrounding governments. The County, as
well as the City's of Shakopee and Prior Lake, have shared a common interest in opposing these types of applications for a
number of reasons. There is currently an application being reviewed by the Bureau of Indian Affairs to put 776 acres of land
into trust status. A long process over the course of the past year led to the meeting with the Bureau of Indian Affairs in
Washington DC this past week. Those in attendance included elected officials and staff from the County, the City of
Shakopee, and the City of Prior Lake.
HauQen: Advised that the County and cities had received an invitation to meet with Asst. Director of the Bureau of Indian
Affairs, Wayne Smith. Believed there was understanding and consensus among the County, Shakopee and Prior Lake that
there is a desire to work cooperatively with the Mdewakanton both now and in the future to address the issues of everyone
concerned, and that those sentiments were effectively conveyed to the representatives of the BIA. There was also time to
meet with our congressional and senate delegates, including the staffs of Senator Wellstone, Congressman Kennedy,
Congressman Ramstad, Congressman Gutknecht, and Senator Dayton. Believed the meetings were very beneficial to
participate in that dialogue.
6
City Council Meeting Minutes
DRAFT
March 6,2002
Update Regarding Community Development Activities
Bovles: Announced the appointment of Don Rye as Community Development Director and the City's efforts to get the word
out to existing businesses. Reviewed what businesspersons can expect from the City, including using Don as the primary
solicitor of feedback from the business community, and the primary contact for those businesspersons needing assistance.
Also noted that Don has been working hard and there are several preliminary examples of his efforts, including proceeding
with the project for Creekside Estates, some assistance provided to Norex Corporation by negotiating the sale of the final
parcel in the business park, and by assisting other business owners in the area of Fong's and Viking Liquor by addressing
their parking concerns.
Frank Boyles, City Manager
A motion to adjourn was made and seconded. The meeting adjourned at 9:30pm.
7
SPECIAL COUNCIL MEETING MINUTES
March 11, 2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Petersen and Zieska,
and City Manager Boyles. Council members Ericson and Gundlach were absent. Mayor Haugen called the special meeting
of the Prior Lake City Council to order at 6:05pm in conference room B of the Prior Lake City Hall. Members of the public
present were Prior Lake American editor Nathan Oster.
SPECIAL BUSINESS:
Acceptance of Written Resignation of Councilmember Jim Ericson and Declare a Vacancy on the Prior Lake City
Council.
Boyles: Indicated that he had received a signed written resignation from Councilmember Jim Ericson confirming his
previous verbal intention to vacant his City Council seat due to a move from the community. The resignation would be
effective as of March 8, 2002. (A copy was provided to all present).
MOTION BY PETERSEN, SECOND BY ZIESKA TO ACCEPT COUNCILMEMBER ERICSON'S WRITTEN RESIGNATION.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
MOTION BY PETERSEN, SECOND BY ZIESKA TO DECLARE A VACANCY ON THE PRIOR LAKE CITY COUNCIL
EFFECTIVE AS OF MARCH 8, 2002.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried.
A motion to adjourn was made and seconded. The meeting adjourned at 6:07pm.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER