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PUBLIC FORUM - 7pm
REGULAR COUNCIL MEETING AGENDA
Date: OCTOBER 7,2002
1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2 APPROVAL OF AGENDA:
3 CONSIDER APPROVAL OF SEPTEMBER 16, 2002 MEETING MINUTES and
SEPTEMBER 30, 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 Animal Warden Monthly Report for August.
C) Consider Approval of a Resolution Amending Agreement Between the Metropolitan
Council and City of Prior Lake for Transit Capital Finance Assistance.
D) Consider Approval of a Resolution 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 a Resolution Authorizing Safe and Sober Communities Funding
for the Period of October 1,2002 to September 30,2003.
5 ITEMS REMOVED FROM CONSENT AGENDA:
6 PRESENTATIONS:
A) Presentation Accepting PLAY Contribution for Ponds Park Lighting (Mark Schroeder)
B) Presentation Regarding ISD #719 November 5, 2002 Referendum (Tom Westerhaus,
Superintendent).
C) Presentation Regarding Scott County Transit Study (John Mulcahy)
7 PUBLIC HEARINGS: NONE.
8 OLD BUSINESS:
A) 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.
B) Consider Approval of a Resolution Approving a Negotiated Sale of $1,050,000 General
Obligation Bonds of 2002.
C) Consider Approval of City Council Bylaws Changes and City Manager Report on
Making Council Meetings more Customer-Friendly.
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D) Consider Approval of a Resolution Accepting Findings and Adopting Scott County
Transit Study.
9 NEW BUSINESS:
A) 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.
B) Consider Approval of a Resolution Supporting Improvements to CSAH 21 and TH13
Intersection.
C) Consider Approval of a Resolution Approving a Memorandum of Understanding with
Scott County and City of Savage to Complete Feasibility Report for Necessary
Improvements to CSAH 42 and CSAH 13.
D) Consider Approval of a Resolution Approving the Installation of Lighting for both
Parking Lots at The Ponds Athletic Complex as Identified in the 2002 Capital
Improvement Program.
E) Consider Approval of a Resolution Establishing a Policy for Snow and Ice Control.
F) Consider Approval of a Resolution (1) Relating to the Construction of a Picnic Shelter
as Identified in the 2002 Capital Improvement Program, and (2) Amending the 2003
Capital Improvement Program to Authorize Construction of a Gazebo in 2002.
10 OTHER BUSINESS/COUNCILMEMBER REPORTS:
11 ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
September 16, 2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen,
Zieska, and LeMair, City Manager Boyles, City Attorney Schmitt, Public Works Director Osmundson, Community
Development Director Rye, Finance Director Teschner, Planning Coordinator Kansier, and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF SEPTEMBER 3.2002 MEETING MINUTES
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APROVE THE SEPTEMBER 3, 2002 REGULAR MEETING
MINUTES.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, 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 Monthly Fire Call Report.
(F) Consider Approval of Resolution 02.152 Approving the Final Plat and Authorizing Execution of the City's Standard
Development Agreement for the plat Known as Red Cedar Heights.
(G) Consider Approval of Resolution 02.153 Authorizing Execution of a Development Contract for the Extension of Public
Services for Shepherd's Path.
Bovles: Reviewed the Consent Agenda items as submitted.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS:
Presentation to Retiring Scott County Library Executive Director Janet Williams for 30 Years of Service.
Bovles: Reviewed the item in connection with the staff report, reviewing some of Janet's accomplishments and challenges
over the past 30 years.
Hauaen: Thanked Janet for her numerous efforts over the course of many years, and presented her with a recognition
plaque.
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
September 16, 2002
Williams: Thanked the City for its recognition and complimented the City on its continued improvements to the Downtown
area that will compliment the Library facility we all worked so hard to get.
Introduction of MacKenzie McCormick, Public Works Coordinator.
Osmundson: Briefly introduced MacKenzie McCormick and reviewed some of the projects she will be involved in.
McCormick: Described her background in engineering and her personal interests.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of Ordinance Amendments Relating to Water and Sewer Rates (1) Ordinance Amending Prior
Lake City Code Section 704.1001 to Increase the Base Water Billing Rate by $.35 for Every 1,000 Gallons of Water
and to establish a Tiered Rate; and (2) Ordinance Amending Prior Lake City Code Section 705.901 to increase the
Sewer Billing Rate by $.15 for Every 1,000 Gallons of Water.
Bovles: Noted that this agenda item is in response to the 2002 goal the City Council established earlier this year to "assure
adequate water resources by developing and implementing a groundwater plan which includes water production,
conservation, community education and communication".
Teschner: Reviewed the agenda item in connection with the staff report, noting the discussion items and options for City
Council consideration.
Gundlach: Asked how the 25,000 threshold was determined and if percentage of usage in Prior Lake homes was factored
in. Also noted that the rate of consumption impacts the number of wells needed and that the costs of bringing additional
wells online is significantly greater than in the past. So, the cost for water goes up.
Teschner: Advised that the 25,000 threshold was an average rate used by other cities that have implemented tiered rate
systems.
Hauaen: Supported a tiered billing process and an increase in the sewer rates. Asked staff to provide further information on
how much water is being used within the community, Le. how many households fall into 0-5,000 gallons of use, 5,000 to
10,000 of use and so on.
Teschner: Did not believe he had the technology to provide that type of analysis. Suggested a random sampling.
Gundlach: Indicated that an Excel spreadsheet could be used to provide the requested data.
Hauaen: Would also like to see the tiers and costs establishing by other communities of our size.
Teschner: Noted that he does have that information, but from a comparison perspective, there are a wide range of rate
systems. Asked if the Council has any direction on the sewer rate break during the three summer months.
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City Council Meeting Minutes
DRAFT
September 16, 2002
Zieska: Believed that a number greater than 100% was necessary due to the infiltration issue, and that the costs can then
be spread over all residents.
Petersen: Noted that he is frequently asked why sewage is paid based on water use when watering. Supported a sewer
rate break of some type during the summer months.
Teschner: Advised that more water also goes down the sewer in the summer time as well because people tend to shower
more frequently, laundry is done more frequently, and school is out, etc. With a break, the City would have to further
subsidize sewer consumption. Believes removing the sewer break is fair, just not typical when compared to other
communities.
Zieska: Asked that some accounts be included in the sampling that do not use outside City water, such as those homes
that pump from the lake, or use separate wells. Asked if the item is deferred to the 2nd meeting in October, there was still
time to include any change into the next year's billing.
Teschner: Confirmed that the ordinance would be effective February 1st, which was strategically done to provide the least
initial impact on the customer.
NEW BUSINESS
Consider Approval of a Resolution Authorizing Negotiated Sale of $1,050,000 General Obligation Improvement
Bonds of 2002.
Mattson: Discussed the agenda item in connection with the staff report.
LeMair: Asked if there was a number on the savings on a bond of this size.
Mattson: Advised that it is difficult, but as an example if the City was to save 1/5th of 1%, the savings could be $10,000-
$12,000 on a bond of this issue and this length. Noted that rates have dropped considerably and project to do this around
3.5%.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 02.154 AUTHORIZING NEGOTIATED
SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2002.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Two Resolutions (1) Declaring Costs to be Assessed and Ordering Preparation of Proposed
Assessment Rolls for the 2002 Improvement Project (project 02.11); and (2) Establishing the Date of the
Assessment Hearing for the 2002 Improvement Project (City Project 02.11).
Osmundson: Reviewed the project in connection with the staff report.
MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 02.155 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2002 IMPROVEMENT
PROJECT (CITY PROJECT 02-11).
Zieska: Noted that the Special Assessment subcommittee had met several times and supports the recommendations in the
proposed resolutions.
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City Council Meeting Minutes
DRAFT
September 16, 2002
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 02.156 ESTABLISHING THE DATE OF THE
ASSESSMENT HEARING FOR OCTOBER 21, 2002 AT 7:30PM.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS
Hauaen: Reviewed the progress the community had made that day by holding the official groundbreaking for the Lakefront
Plaza project in the downtown area. Explained the project and its location. Also noted that the Cou~cil held an Executive
Session to conduct the performance review of the City Manager. Summarized that the Council is very pleased with the
performance of the City Manager and his staff in meeting our 2002 goals. Lastly, the City Council and City staff was happy
to participate in the Community Fall Fest which was very successful from a volunteer and participation standpoint.
LeMair: Complimented the community on the effort put into the Fall Fest by its volunteers.
Bovles: Noted that the Special Meeting of the City Council to consider the negotiated bond sale for 2002 would be on
September 30th at 5:30pm at City Hall.
Frank Boyles, City Manager
A motion to adjourn was made and seconded. The meeting adjourned at 9:30pm.
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SPECIAL CITY COUNCIL MEETING MINUTES
September 30,2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen
and LeMair, City Manager Boyles, City Attorney Pace, and Recording Secretary Meyer. Councilmember Zieska was absent.
APPROVAL OF AGENDA:
MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, and LeMair, the motion carried.
OLD BUSINESS:
Consider Approval of a Resolution Authorizing the Issuance of $1,050,000 General Obligation Improvement Bonds
of 2002.
Bovles: Provided a brief introduction of the agenda item.
Mattson: Reviewed the terms negotiated for the final sale of the bonds, noting that the strategy of offering bonds on a fifth
Monday worked and that the interest rate received was much more favorable than anticipated. However, also advised the
Council that he, along with several of his partners and co-workers, had separated from their parent company and purchase
their own brokerage. Further advised that the intent was for the paperwork to be completed prior to negotiating this sale, but
that the new brokerage had not yet received privileges to underwrite municipal bonds. Expected that the delay was
temporary and guaranteed that even with a delay to the October 7th meeting the interest rate would be no worse than that
proposed in the material he distributed to the City Council.
Pace: Advised that the separation raised many issues associated with the City Council's appointment of Juran & Moody as
its official fiscal consultant. Additional action by the Council would be required in order to terminate the relationship with
Juran & Moody and appoint another consultant.
Mattson: Advised that his brokerage is also negotiating to buy the name Juran & Moody, and that there is not current
written contract.
LeMair: Concerned that a special meeting was called and the Council is unable to take any action given the circumstances.
Noted that the City Manager should have been advised of the problem prior to the meeting.
Pace: Commented that it-=ave been unethical for Mr. Mattson to solicit clients prior to officially leaving the firm. Also
noted that the terms of the guarantee as to rates needs to be in writing and should be faxed to the City Manager the
following day, if the Council chooses to proceed in that fashion.
The Council concurred and no formal action was taken.
The item was deferred to the October 7,2002 regular City Council meeting.
NEW BUSINESS
Consider Approval of a Resolution Approving the Final Planned Unit Development Plan and PUD Development
Contract and Approval of a Resolution Approving the Final Plat and Development Contract for Jeffers South.
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
September 30,2002
Boyles: Reviewed the agenda item in connection with the staff report.
Gundlach: Asked if there were any changes from the preliminary plans.
Pace: Clarified that the six conditions of the preliminary approval had been met and jhe final agreements appear to be very
clean. Noted that a signed Development Contract and Letter of Credit needed to be provided.
Kelly Murray (Wensmann Realty, Inc.): Advised that executed copies had been faxed earlier and she would sign new
originals today.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02.157 APPROVING THE PLANNED
UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS JEFFERS SOUTH.
VOTE: Ayes by Haugen, Gundlach, Petersen, and LeMair, the motion carried.
MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE RESOLUTION 02.158 APPROVING THE FINAL PLAT OF
JEFFERS SOUTH AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF FINAL PLAT.
VOTE: Ayes by Haugen, Gundlach, Petersen and LeMair, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS
Petersen: Discussed that the Prior Lake Christian School building construction would not be completed in time for classes,
which would displace the students for 3-4 months. The School has negotiated for space in the Industrial Park at the old
Index Computers site. However, the School would not be a permitted use in the district. Asked the Council to consider
allowing the interim use.
Pace: Advised that she would need to research State statutes regarding interim uses. If the proposal meets the criteria,
then the action could take place quicker. The second option would be for the Council to initiate a zoning ordinance revision.
There was consensus by the Councilmembers to support the interim use by the
Prior Lake Christian School. Asked staff to follow up on the best way to effect the change.
Herb Wensmann (Wensmann Realty, Inc.): Advised that the footings for Lakefront Plaza should go in this week and the
project is proceeding as planned. Also noted that there seems to be a lot of enthusiasm from the community for the project.
ade and seconded. The meeting adjourned at 6:05pm.
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