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REGULAR COUNCIL MEETING AGENDA
DECEMBER 2, 2002
7:00pm
Fire Station No.1
CITY COUNCIL WORK SESSION
The City Council will conduct a work session at 5:30pm prior to the Council
meeting on the followin
Bonding
This meeting is open to the public.
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 18, 2002 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 Approving a Wetland Replacement Plan for Lakefront Plaza.
C) Consider Approval of a Resolution Electing the Non- Waiver of Statutory Municipal Liability Limits
and Declining Excess Liability Insurance Coverage.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A) Truth-in-Taxation Hearing for Proposed 2003 City Budgets.
B) Public Hearing to Consider Appeal of Planning Commission's Decision to Deny a 15-Foot Variance
to Allow a 10-Foot Front Yard Setback.
8. PRESENTATIONS::
A) Presentation Recognizing Prior Lake Police Department and Citizen Partnership Award.
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B) Presentation Regarding Downtown Dazzle Festivities (Sandi Fleck)
C) Presentation on 2002 Police Station / City Hall / Community Center Space Needs Analysis (David
Kroos)
9. OLD BUSINESS:
A) Consider Approval of an Ordinance Amending the Zoning Ordinance Section 1101.504 Pertaining to
Fences on Corner Lots.
10. NEW BUSINESS:
A) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Advertisement for Bids for Four Playgrounds.
B) Consider Approval of a Resolution Approving City of Prior Lake Investment Policy.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
November 18, 2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska, and LeMair, City Manager Boyles, City
Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner,
Planning Coordinator Kansier, Planner Kirchoff, Assistant City Engineer Poppler, and Recording Secretary Meyer.
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.
Concerns Regarding 2002 Street Reconstruction Project (Mark Nesvig)
Mark NesviQ: Spoke of difficulty with the 2002 Improvement Project including trash left construction workers, broken mail
boxes, erosion control, and general lack of communication between the neighborhood and the City. Did note that each time
he raised a concern, the issue had been addressed. But overall, he is very frustrated with the project and feels like the
neighborhood was always in the position of policing the project, rather than the City addressing some common sense
issues.
Petersen: Commented that some of the difficulty with the project seemed to come from the fact that the contractor was
always assuming he could catch up on the project once there was a delay due to the weather. Many of the problems
seemed to revolve around timing.
LeMair: Commented that the input is valuable and the issues raised will help us improve how we approach future
improvement projects.
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 NOVEMBER 4.2002 REGULAR MEETING MINUTES
MOTION BY PETERSEN, SECOND BY ZIESKA TO APROVE THE NOVEMBER 4, 2002 REGULAR MEETING MINUTES
AS SUBMITTED.
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 02-186 Authorizing the Mayor and City Manager to Execute a Settlement Agreement.
16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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November 18, 2002
(G) Consider Approval of a Resolution 02.187 Authorizing Full and Final Payment to Prior Lake Blacktop Inc. for
Construction of Pleasant Street Parking Project, City Project 02.-13.
(H) Consider Approval of Temporary 3.2 Liquor License for Church of St. Michael.
(I) Consider Approval of Temporary Consumption and Display Permit for the Church of 8t. Michael.
(J) Consider Approval of Resolution 02.188 Reversing the Decision of the Planning Commission and Approving a
Variance to Allow a 27-Foot Wide Driveway.
(K) Consider Approval of Resolution 02.191 Approving the Final Plat and Development Contract for the Development
Known as Deerfield 1 Olh.
(L) Consider Approval of Resolution 02.189 Approving Final Planned Unit Development Plan and PUD Development
Contract and Approval of Resolution 02.190 Approving a Final Plat and Development Contract for Timber Crest Park.
Bovles: Reviewed the Consent Agenda items.
MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS: NONE.
PRESENTATIONS:
Presentation to Retiring Councilmember Mike Gundlach
Gundlach: Thanked the citizens of Prior Lake for the privilege of serving the community, the City staff and Council, and his
family who supported him. Also thanked his mentor Wes Mader, his friend Jim Petersen, and particularly City Manager
Frank Boyles and City Attorney 8uesan Pace. Discussed the Council's accomplishments including fiscal prudence,
Downtown redevelopment, and senior overlay districts.
Each of the Council members thanked Mike for his contributions and wished him and his family the best in the future.
Hauaen: Discussed the legacy that Councilmember Gundlach leaves upon the community of Prior Lake, including digital
document imaging, his planning and zoning expertise, and senior housing projects, and wished him and his family the best.
Presented Councilmember Gundlach with a plaque of recognition.
Councilmember Gundlach left the meeting.
Presentation Regarding Upgrading of City Financial Rating and Related Financial Matters.
Bovles: Reviewed the agenda item in connection with the staff report.
Zieska: Commented that although ultimate financial decisions lie with the City Council, the staff is highly relied upon and
makes very prudent, reliable recommendations.
Bovles: Noted that each of his staff members on a day-to-day basis make sound financial recommendations.
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November 18, 2002
Haugen: Believe that staff has discussed the projected City Hall / Police Station / Community Center project with Moody's
and that the project will not affect the City's bond rating.
Teschner: Advised that he had had lengthy conversation with Moody's, and that they understand that the City does
anticipate drawn downs for projects such as the City Hall! Police Station! Community Center project, a water treatment
plant, and completion of additional water towers. The City has planned for these projects and anticipates creating very little
direct impact upon the taxpayer. Moody's realizes the needs of a growing community and looks favorably upon the planning
measures the City has taken to date.
Hauaen: Thanked the City staff for their efforts.
OLD BUSINESS:
Consider Approval of Plans and Specifications and Authorize Advertisement for Bids for Reconditioning of Water
Towers.
Osmundson: Reviewed the agenda item in connection with the staff report.
LeMair: Asked how the project will be bid.
Jack Kollmer (KLM Enaineerina, Inc.): Advised that 6 to 8 contractors are expected to bid and that each tower will be bid
separately in order to get the best bid price for each tower.
Zieska: Commented that these towers have had very little maintenance in the past 20 years. Asked how long the proposed
repairs will extend the life of the towers.
Kollmer: The finish coatings have a service life of a minimum of 15 years. With spot repairs, the life could be extended to
25 years.
Zieska: Asked Mr. Kollmer to comment on the proposed repairs making the towers better than new because they will be
brought up to the current code.
Kollmer: Commented that some of the corrections that the towers need are defects in the design and are needed to
maintain the structural integrity.
Bovles: Advised that sewer and water rates will also be used to fund these types of improvements.
Pace: Suggested adding a provision to the contract which would limit the City's exposure to damages from having to delay
the project due to weather or contingencies, and the need to keep the tower in service.
Petersen: Asked how the overspray will be contained.
Kollmer: Advised that the MPCA imposes regulations for containing overspray. Given the height of the towers, it may be
difficult to keep the overspray on City owned property. The specifications have been designed to be in compliance.
Petersen: Asked if one tower can maintain the pressure the City needs.
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November 18, 2002
Osmundson: Advised that one tower can meet pressure needs, but two towers are necessary for overnight use and
storage.
MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.192 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR RECONDITIONING OF WATER TOWERS,
SUBJECT TO REVIEW AND ACCEPTANCE BY THE CITY ATTORNEY.
VOTE: Ayes by Haugen Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of Ordinance Amendments Relating to Water and Sewer Rates
Bovles: Discussed the agenda item in connection with the staff report, including discussion the rationale for increasing the
sewer and water rates. Further discussed the merits for recommending a tiered rate system.
MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE ORDINANCE 02.19 AMENDING CITY CODE SECTION
704.1001 TO INCREASE THE BASE WATER BILLING RATE BY $.35 FOR EVERY 1000 GALLONS OF WATER USED
AND ESTABLISHING A TIERED RATE AT $2.00 PER THOUSAND GALLONS FOR USE IN EXCESS OF 25,000
GALLONS IN A BILLING PERIOD.
Zieska: Believes it is fiscally prudent to have the water and sewer rate support the infrastructure improvements both from a
water production perspective or capital improvements.
Petersen: Commented that the fee must be increased in order that the City can afford to increase the supply needed to
meet demand.
LeMair: Supported the increase as well, noting that the level of growth experienced by the community makes this action
necessary. Would also support looking at an additional tier in the future that would reward conservation, as was discussed
in the work session.
Hauaen: Supported the tiered rating system and the need to meet our City's growing needs. Suggested that the topic be
revisited in approximately one year to see if an additional tier can be implemented for the very smallest user.
Teschner: Noted that in terms of consumption, all users will have the same rate up to 25,000 gallons. Only those users that
go beyond 25,000 will be billed at the higher rate for those gallons above 25,000. Also noted that the staff, over the next
year to 18 months, hopes to have a comprehensive study complete on the costs associated with infrastructure needs at
buildout and corresponding impact on the trunk sewer and water rates, and the fees needed at the time of development.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE ORDINANCE 02.18 AMENDING CITY CODE SECTION
705.901 TO INCREASE THE SEWER BILLING RATE BY $.15 FOR EVERY 1000 GALLONS USED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Teschner: Asked for Council direction on the 150% rate break as noted in the agenda report with respect to those
properties that have a well or lake pump for any outside water usage and the impacts upon the sewer. The research seems
to support the 150% rate break.
Council consensus was to keep the 150% rate break, retaining the existing ordinance.
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November 18, 2002
Consider Approval of a Letter with Recommendations Regarding the 2003-2007 Scott County Highway Capital
Improvement Program.
Osmundson: Reviewed the project in connection with the staff report.
leMair: Agreed with the recommendation that the County Road 82 project be accelerated, particularly considering the
growth in the area.
Hauaen: Believed the staff recommendation accurately reflects the concerns of the Council.
MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE LETTER OF RECOMMENDATION AS SUBMITTED BY
STAFF.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Hauaen: Acknowledged the efforts of Chief O'Rourke and the Prior Lake Police Department in apprehending a bank robber
last Thursday.
O'Rourke: Explained the events of the day and how the apprehension took place, noting the contributions of the 911 caller,
the bank employees, and the various law enforcement agencies.
Each of the Council members thanked the citizens, the law enforcement personnel
And the bank employees for their efforts.
Consider Approval of a Revised Mutual Aid Agreement for Police Services with Scott County and Other Scott
County Communities.
O'Rourke: Reviewed the agenda item in connection with the staff report.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE A REVISED MUTUAL AID AGREEMENT FOR POLICE
SERVICES WITH SCOTT COUNTY AND OTHER SCOTT COUNTY COMMUNITIES.
VOTE: Ayes by Haugen, Petersen, Zieska and Ericson, the motion carried.
Consider Approval of the Addition of One Full- Time Police Officer Position in December 2002.
O'Rourke: Briefly reviewed the agenda item in connection with the staff report.
LeMair: Believed it important to add the additional officer at the accelerated date if there is an acceptable candidate.
Believed the Council has supported the addition throughout its budget discussions. The taxpayer is best served in the long
term by the addition both from a financial and public safety perspective, despite not having a choice to voice its concerns at
the Budget public hearing.
Councilmembers Zieska, Petersen and Mayor Haugen noted their
agreement with the comments of Councilmember LeMair.
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MOTION BY PETERSEN, SECOND BY ZIESKA, TO ADD ONE FULL-TIME POLICE OFFICER POSITION IN DECEMBER
2002.
VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Report Regarding Planning Process and Timeline for City Hall / Police Station / Community
Center.
Bovles: Reviewed the agenda item in connection with the staff report.
Petersen: Asked about the site analysis.
Bovles: Explained that the Space Needs Analysis has been updated and we have been given an estimate of the size of
parcel that is needed. From that, the staff has asked the consultant to review the appropriateness of six different sites.
Zieska: Excited to see this item on the agenda, commenting that the current facilities are totally inadequate to serve the
needs of the public.
LeMair: Believed this is a much needed addition to the community. Asked how sites are being considered, and when
funding impacts will be discussed.
Bovles: Advised that the estimated size of the parcel is 4 to 5 acres, which limits the prospects. Advised that the funding
situation will be determined at some point after a site is identified.
Hauaen: Commented that there is a real cost as well in staffing by not providing adequate facilities. From an administrative
standpoint, there is literally no additional space to conduct business.
MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE PLANNING PROCESS AND TIMELlNE FOR CITY HALL /
POLICE STATION / COMMUNITY CENTER.
VOTE: Ayes by Haugen, Petersen, Zleska and LeMair, the motion carried.
Consider Approval of a Motion Declaring a Vacancy on the City Council, and Approving a Process and Timeline to
Fill the Vacancy Created by the Resignation of Councilmember Mike Gundlach.
Bovles: Reviewed the agenda item in connection with the staff report.
Zieska: Commented that he would like to condense the process even further. Recommended revisions to the timeline.
MOTION BY PETERSEN, SECOND BY ZIESKA, DECLARING A VACANCY ON THE CITY COUNCIL.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY ZIESKA APPROVING THE PROCESS AND TIMELlNE TO FILL THE VACANCY
AS PROPOSED BY STAFF AND AMENDED BY COUNCILMEMBER ZIESKA.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
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Consider Approval of Interim Appointment of City Council Liaison to the Lake Advisory Committee.
Bovles: Reviewed the item in connection with the staff report and recommended Councilmember LeMair to serve as interim
liaison.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPOINT COUNCILMEMBER LEMAIR AS INTERIM LIAISON TO
THE LAKE ADVISORY COMMITTEE.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS
Bovles: Introduced Lindsay Kuhlmann, who is a senior at Prior Lake High School and participating in a mentoring program.
She will be attending various City functions and public meetings to learn more about a career in City government. Also
advised that the new Wavelength will be distributed in the next week. Asked people to look for the new format.
Frank Boyles, City Manager
A motion to adjourn was made and seconded. The meeting adjourned at 9:26p .
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