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Economic Development Authority
Organizational Meeting
5:30pm
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: OCTOBER 21, 2002
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF OCTOBER 7,2002 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 2002 Third Quarter Budget Report.
F) Consider Approval of 2002 Third Quarter Investment Report.
G) Consider Approval of Resolution Approving the Common Interest Community Number
1079 (Deerfield Condominium) Eleventh Supplemental CIC Plat.
H) Consider Approval of a Resolution Authorizing the Installation of No Parking Signs on
the North Side of Pleasant Street Between Trunk Highway 13 and Main Avenue.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS: NONE.
7. PUBLIC HEARINGS:
A) Special Assessment Public Hearing for 2002 Improvement Project 02-11 Green Oaks
Trail, Pixie Point Circle, Lori Road and Estate Avenue Improvements and Consider a
Resolution Approving the Assessment Roll for the Project.
B) Public Hearing to Consider Approval of a Resolution Vacating the Existing Drainage
and Utility Easements on the Timber Crest Park Property.
8. OLD BUSINESS:
A) Consider Approval of a Resolution Entering into an Agreement to Purchase an
Easement on Lot 27, Eastwood Addition.
102102
9. NEW BUSINESS:
A) Consider Approval of Proposed Comments to be Included in the Public Hearing
Record for the Metropolitan Council Blueprint 2030.
B) Consider Approval of Joint Annexation Resolutions with Spring Lake Township for: (1)
275-Acre Spring Lake Park Property; (2) 55-Acre Stemmer Property.
C) Consider Approval of a Resolution Authorizing KLM Engineering Inc. to Prepare
Specifications and Provide Inspection Services for the Re-Conditioning of the Two City
Water Towers, City Project No. 03-01.
D) Consider Approval of a Resolution Authorizing Acquisition of Hardware/Software
Package for Digital Document Imaging.
E) Consider Approval of a Resolution Authorizing Acquisition of an Additional Server in
Order to Upgrade the City's Network System.
F) Consider Approval of an Ordinance A mending i n Part Sections 503 and 803 0 f the
Prior Lake City Code Relating to False Alarms.
G) Consider Approval of "Paint-by-Number" Pleadings System to Improve Ordinance
Enforcement Effectiveness.
1 O. OTHER BUSINESS:
A) Executive Session to Discuss Pending Litigation.
11. ANNOUNCEMENTS/CORRESPONDENCE:
A) Change in City Council Meeting Structure Commencing November 4th.
12. ADJOURNMENT
102102
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REGULAR CITY COUNCIL MEETING MINUTES
October 7, 2002
CAL.I..TOORDERAND:PI..EDGEOFALLEGIANCE:
Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska and LeMair, City Manager Boyles, City Attomey
Pace, Finance Director Teschner, Public Works Director Osmundson, Community Development Director Rye, Planning
Coordinator Kansier, Public Works Coordinator McCormick, Parks Supervisor Friedges and Recording Secretary Meyer.
APPROVAL OF AGENDA
MOTION BY PETERSEN, SECOND BY ZIESKA APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
APPROVALOFSEPTEMBER16,2002REGULARMEETINGMINUTESAND .SEPTEMBER 30..2002 SPECIAL MEETING
MINUTES.
MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE SEPTEMBER 16, 2002 MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Pace: Clarified that page 1 of the minutes under Old Business should be amended to read that" Commented that it may have
been unethical... n .
MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE THE SEPTEMBER 30, 2002 SPECIAL MEETING MINUTES
AS AMENDED.
VOTE: Ayes by Haugen, Gundlach, Petersen and LeMair, the motion carried. Councilmember Zieska abstained because he
was not present at the Special Meeting.
CONSENT AGENDA:
A) Consider Approval of Invoices to be Paid
B) Consider Approval of Animal Warden Monthly Report for August..
C) Consider Approval of Resolution 02.159 Amending Agreement Between the Metropolitan Council and City of Prior
Lake for Transit Capital Finance Assistance.
D) Consider Approval of Resolution 02.160 Authorizing Payment for Design and Construction Management Services
for Athletic Field Lighting at The Ponds Athletic Field Complex.
E) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Prior Lake Rotary Club.
F) Consider Approval of Resolution 02.161 Authorizing Safe and Sober Communities Funding for the Period of
October 1, 2002 to September 30, 2003.
Bovles: Briefly reviewed the Consent Agenda items for the viewing audience.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, 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
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ITEMS REMOVED FROM THE CONSENTAGENDA:
PRESENTATIONS
Presentation Regarding Scott County Transit Study (John Mulcahy)
Mulcahv: Reviewed the Scott County Area Transit Study noting the participants in the process, the methodology used,
identifying the existing conditions within the County, and discussing the needs analysis conducted and what was leamed.
Further advised of the transit requirements within the County as well as from Scott County throughout the metropolitan area.
Lastly, reviewed the recommendations of the Transit Study and the next steps in the process.
LeMair: Asked if the services proposed are free.
Mulcahv: Advised that the fees would be similar to those imposed by most transit systems. The Express bus would be
approximately $.50 one-way, and the regular route in Shakopee would be $1. Scott County does receive a stipend per
passenger for operations and capital. This project is possible through reallocation of current investments, rather than requiring
additional funding.
Hauaen: Advised that the Council would be considering this item later in the agenda.
Barb Marschall (County Commissioner): Briefly added that transit and transportation issues are growing just as quickly as the
County, and directly impacts the congestion on roadways and the corresponding needs for improvements. Looks forward to the
partnerships throughout the community that it will take to implement the Transit Study.
Presentation Accepting PLA Y Contribution for Ponds Park Lighting (Mark Schroeder).
Mark Schroeder (PLA Y representative): Thanked the parks staff and commented how imperative their efforts are. Also
discussed the impacts of growth on the PLAY organization, and the need for still additional facilities. Presented the City with a
check for $25,000 as a contribution toward lighting additional fields at The Ponds park.
Friedaes: Commented that a working relationship goes both ways and that the City has had a tremendous amount cooperation
and contribution from PLAY.
Presentation Regarding ISD #719 November 5, 2002 Referendum (Dr. Tom Westerhaus, Superintendent)
Westerhaus: Thanked the City for the opportunity to discuss the School Districts upcoming Referendum proposal and noted
how impressed he was at the City's initiatives in community partnering. Further discussed the upcoming Referendum question,
including a review of the past referendum proposals, why there is a current need, the rationale for the Referendum in its current
form, how the two current Referendum questions equate in dollars and impact upon the taxpayer, and the results if the
Referendum fails. Advised that much of the need for funding at the School District level is directly related to growth in the area,
similar to other items discussed tonight such as transit planning and PLAY participation and programming.
LeMair: Asked if the number on dollars spent per pupil were current number or assuming the Referendum passed, and asked
the life of the generator. Also asked the impact of growth with respect to number of students over the next 5-10 years.
Westerhaus: Confirmed that the numbers presented were last year's numbers, and that the generator is projected to last 25-30
years depending upon usage. Believed it premature to say the District would need another high school in the next ten years, but
that it is likely another middle level may be required. The District is currently at 5500 students, and projects 10,000 in the next
10 years.
Zieska: Asked who residents can contact with further questions or comments. Also noted that the Prior Lake American has
done a very good job over a series of articles to inform the public on this issue.
Westerhaus: Advised that the public can contact him directly at the District offices, or also any of the elected School Board
members.
Petersen: Clarified that there are separate ballots - the Referendum is for staffing, and the Bond issue relates to acquisition of
land for future schools, an impact upon the financing for the generator, and the completion of athletic facilities.
Westerhaus: Confirmed.
Gundlach: Asked what percentage increase the School District has had per pupil in the past, and what contract expenses have
been.
Westerhaus: Believed the increases have been approximately 3% each year, and that contract prices including benefits are
approximately 5%. Noted that many of the School District's expenses vs. revenue are restricted by state regulations. It is very
difficult to manage, particularly in a growing community. This District appears to be very astute in terms of its contracts.
Gundlach: Asked why the athletic facilities were left off the last Referendum.
Westerhaus: Advised that the School Board at the time wanted to reduce the overall Referendum. The rationale was that when
the citizens what that item to move forward, the District would put it forward.
Gundlach: Asked how District input was garnered in determining this Referendum and Bond Issue. Commented how important
it is to allocate funds through the bond issue for future land acquisitions.
Westerhaus: Noted that the District has not taken on a strategic planning process and believe it is imperative as we move
forward. This urgency of this particular Referendum and Bond Issue has not allowed us administer an extensive process. Did
believe that the residents of the District are very involved and informed in this regard.
PUSLlCHEARINGS:
NONE.
OLD BUSINESS
Consider Approval of Two Motions with Respect to Fiscal Consultant (1) a Motion Discontinuing Juran & Moody as the
City's Fiscal Consultant; and (2) a Motion Appointing Northland Securities as the City's Fiscal Consultant.
Boyles: Reviewed the agenda item in connection with the staff report.
Zieska: Asked if there was a current contract with Juran & Moody.
Boyles: Advised that the fiscal consultant was appointed at the pleasure of the City Council at its annual meeting and that no
formal contract existed.
Gundlach: Suggested that the City Attorney pursue whether a future contract was necessary.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO DISCONTINUE JURAN & MOODY AS THE CITY'S FISCAL
CONSULTANT.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPOINT NORTHLAND SECURITIES WITH THE DIRECTION THAT
STAFF DETERMINE WHETHER A CONTRACT IS NECESSARY.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Approving a Negotiated Sale of $1,050,000 General Obligation Bonds of 2002.
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Steve Mattson (Northland Securities): Presented the Council with the terms of the bond sale.
MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.162 APPROVING THE NEGOTIATED SALE
OF $1,050,000 GENERAL OBLIGATION BONDS OF 2002.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Boyles: Clarified that a second resolution is necessary authorizing the finance director to execute the necessary documents to
effectuate the sale. Also advised that the City's bond counsel did not have an opportunity to review this resolution and approval
should be conditional upon final approval by counsel.
MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.163 AUTHORIZING THE FINANCE DIRECT
TO EFFECTUATE THE SALE CONDITIONAL UPON FINAL APPROVAL BY BOND COUNSEL.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of City Council Bylaws Changes and City Manager Report on Making Council Meetings More
Customer-Friendly
Boyles: Reviewed the agenda item in connection with the staff report.
MOTION BY ZIESKA, SECOND BY PETERSEN TO DEFERRED THE ITEM OUT OF CONSIDERATION OF THE PEOPLE IN
THE AUDIENCE.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
HauQen: Suggested focusing on changing the time of the meeting, the location of the speaker, and the cell phone policy.
Zieska: Suggested that the public hearings be set at a specific date.
Boyles: Suggested that the bylaws could be adopted as proposed with the exception of the public hearing time at 901.1.
Gundlach: Commented that he would like to finally resolve the seating issue.
Hauaen: Repeated that the most significant impact would result by moving on the bylaws, and that any issue with respect to
seating were not imminent.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE PROPOSED BYLAWS CHANGES EXCEPT FOR THE
CHANGE TO 901.1 EFFECTIVE NOVEMBER 4, 2002.
Zieska: Clarified that the bylaws changes refer to the staff report items 1-3, and that items 4 and 5 are policy issues that the
Council wishes to implement.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Accepting Findings and Adopting Scott County Transit Study.
Boyles: Reviewed the agenda item in connection with the staff report, noting that this item was directly related to the earlier
presentation by John Mulcahy of Scott County.
MOTION BY PETERSEN, SECOND BY ZIESKA, APPROVING RESOLUTION 02.164 ACCEPTING FINDINGS AND
ADOPTING SCOTT COUNTY TRANSIT STUDY.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Approving a Planned Unit Development Preliminary Plan, and Approval of a
Resolution Approving a Preliminary Plat to be Known as Crystal Bay.
Kansier: Reviewed the agenda item in connection with the staff report.
LeMair: Asked if based upon the calculations, the allowed density would be 45 units.
Kansier: Confirmed.
Gundlach: Asked if the permeable surface recommended by staff has changed in the past years, and what maintenance
requirements would be implemented.
Kansier: Explained that the use of the permeable surfaces in the past were with respect to individual properties where the City
had little control of its implementation. In this case, the City would be able to inspect and supervise the project from the start.
The Homeowner's Association would be required to provide for adequate maintenance and City inspection provisions.
Osmundson: Explained that staff isn't entirely familiar with the product, but would have additional information prior to final plat.
Believed this type of product will be the wave of the future, particularly in the case of cities like Prior Lake where surface water
runoff and water quality are key issues within the community.
Bovles: Clarified the importance of implementing products of this type and the interest from the DNR, the Watershed Board and
other cities.
Osmundson: Also pointed out that the pond is sized as if the surface was 100% impervious.
Petersen: Commented that this part of the lake is not very deep, and that he is concerned about the impacts on the lake.
Zieska: Asked if the streets within the PUD were public, would they be counted as impervious surface.
Kansier: Noted that public streets are not typically included in impervious surface calculations.
LeMair: Asked if signs for the development were included.
Kansier: Advised that none are proposed.
HauQen: Believed that the concerns raised over the number of neighborhood meetings, all related to change. Commented that
the reality is that developer has a right to develop his land. Believed that the developer has made a conscious effort to include
the surrounding neighbors and address those concerns. Noted how thoroughly the Planning Commission has reviewed and
considered this issue, and that the process between all the parties showed communities can come to cooperatively resolutions.
Zieska: Discussed the criteria within the zoning ordinance for developing through planned unit developments and the example
of each that this project proposes. Supported the project as a great compromise and best use of this land.
MOTION BY ZIESKA, SECOND BY GUNDLACH APPROVING RESOLUTION 02.165 APPROVING THE CRYSTAL BAY
PLANNED UNIT DEVELOPMENT.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY ZIESKA, APPROVING RESOLUTION 02.166 APPROVING THE PRELIMINARY PLAT
OF CRYSTAL BAY SUBJECT TO THE CONDITIONS OUTLINED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Supporting Improvements to CSAH 21 and TH13 Intersection.
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Osmundson: Reviewed the agenda item in connection with the staff report.
Barb Marschall (Scott County Commissioner): Discussed the agreement among the County Board as to the need for
immediate and long-term solutions to the CSAH 21 roadway, and the complexity and impacts of any improvements to the
roadway.
Gundlach: Thanked the County for moving forward in this fashion, noting how concerned residents of Prior Lake have been
with that particular intersection.
Marschall: Commented that many residents do not realize that any improvements have to be cooperative among not only the
County and the City, but also with MnDOT. Noted that without question, the project will be extensive and expensive, but also
necessary.
Hauaen: Added that split phasing is necessary for this intersection. Also suggested using split phasing at CSAH 82 and CSAH
42. Further noted that anything that can be done to upgrade CSAH 82 is needed because of the continued development in the
area. Also noted needs with respect to speed around the Wagon Bridge and approaching the Downtown area.
Marschall: Commented that using split phasing in other areas has already been discussed for Prior Lake. With respect to speed
on CSAH 21, speed is regulated strictly by MnDOT, but that the County can request additional speed studies.
MOTION BY PETERSEN, SECOND BY GUNDLACH, APPROVING RESOLUTION 02.167 SUPPORTING IMPROVEMENTS
TO CSAH 21 AND TH13 INTERSECTION.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Approving a Memorandum of Understanding with Scott County and the City of
Savage to Complete Feasibility Report for Necessary Improvements to CSAH 42 and CSAH 13.
Osmundson: Reviewed the agenda item in connection with the staff report.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 02.168 ENTERING INTO A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF SAVAGE AND SCOTT COUNTY TO COMPLETE A FEASIBILITY REPORT FOR
NECESSARY IMPROVEMENTS TO CSAH 42 NEAR TRUNK HIGHWAY 13.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried.
Consider Approval of a Resolution Approving the Installation of Lighting for Both of the Parking Lots at The Ponds
Athletic Complex as Identified in the 2002 Capital Improvements Program.
Friedaes: Reviewed the agenda item in connection with the staff report.
Petersen: Asked if there was a separate contract with Xcel Energy for maintenance.
Friedaes: Confirmed.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 02.169 APPROVING THE INSTALLATION OF
LIGHTING FOR BOTH OF THE PARKING LOTS AT THE PONDS ATHLETIC COMPLEX AS IDENTIFIED IN THE 2002
CAPITAL IMPROVEMENTS PROGRAM.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Approving and Implementing a Winter Maintenance Policy for the City of Prior Lake.
McCormick: Reviewed the agenda item in connection with the staff report.
Petersen: Believes the policy seems appropriate, but will be fully tested once its implemented.
MOTION BY PETERSEN, SECOND BY GUNDLACH APPROVING RESOLUTION 02.170 APPROVING THE
IMPLEMENTATION OF THE WINTER MAINTENANCE POLICY FOR THE CITY OF PRIOR LAKE.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Relating to the Construction of a Picnic Shelter as Identified in the2002 Capital
Improvement Program and Amending the 2002 and 2003 Capital Improvement Program Authorizing Construction of a
Gazebo in 2002.
Friedaes: Reviewed the agenda item in connection with the staff report.
Bovles: Asked if the gazebo would be a rental facility.
Friedaes: Believed it had that potential.
Hauaen: Asked where the funding was coming from.
Friedaes: Advised that the staff is requesting that the project be moved up from the Parks portion of the 2003 Capital
Improvement Program.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 02.171 RELATING TO THE CONSTRUCTION OF
A PICNIC SHELTER AT WILDS PARK, AND AMENDING THE 2003 CAPITAL IMPROVEMENT PROGRAM RELATING TO
THE CONSTRUCTION OF A GAZEBO AT LAKEFRONT PARK, AMENDING THE RESOLUTION TO ADD THAT THE
FUNDING WOULD COME FROM THE CAPITAL PARK FUND.
Bovles: Asked if the structure was vinyl.
Friedaes: Advised that it is proposed to be painted cedar and would require annual maintenance.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS:
Upon a Motion and Second, the meeting adjourned at 10:55pm.
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