HomeMy WebLinkAboutAgenda & MinutesREGULAR COUNCIL MEETING AGENDA
DECEMBER 16, 2002
7:00pm
Fire Station No. 1
CITY COUNCIL WORK SESSION
The City Council will conduct a public meeting beginning at 1:30pm prior to the
Council meeting on the following topics.
· Interviews of City Council Candidates
This meeting is open to the public.
CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m.
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.
APPROVAL OF AGENDA:
CONSIDER APPROVAL OF DECEMBER 2, 2002 MEETING MINUTES:
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 Animal Warden Monthly Report.
E) Consider Approval of Monthly Fire Call Report.
F) Consider Approval of 2003 Cigarette Licenses.
G) Consider Approval of 2003 Massage Therapy Licenses
(1) Renewal Licenses; and
(2) New License..
H) Consider Approval of a Resolution Approving Final Plat for Wilds North.
I) Consider Approval of Resolution Approving Deerfield CIC 12th Supplemental Plat.
J) Consider Approval of a Certificate of Correction to the Plat of Red Cedar Heights.
K) Consider Approval of a Resolution Approving the City of Prior Lake Pay Equity Implementation
Report for 2002.
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7.
8.
9.
10.
11.
ITEMS REMOVED FROM CONSENT AGENDA:
PUBLIC HEARINGS: NONE
PRESENTATIONS:: NONE.
OLD BUSINESS:
A) Consider Approval of a Resolution Approving City of Prior Lake General Fund Budget and
Authorizing Certification of Property Tax Levy to Scott County.
NEW BUSINESS:
A) Consider Approval of a Resolution Denying a Comprehensive Plan Amendment for Eagle Creek
Development.
B) Consider Approval of Appointment to Fill Vacancy on Prior Lake City Council.
C) Consider Approval of Appointment to the Vacancy on Lake Advisory Committee.
D) Consider Approval of a Resolution Authorizing the Acquisition of a Replacement Vehicle for the Fire
Chief.
E) Consider Report on Video Economic Development Tool Regarding the 2020 Vision and Strategic
Plan,
OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
December 2, 2002
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Pace,
Public Works Director Osmundson, Finance Director Teschner, Planning Coordinator Kansier, Planner Kirchoff, Assistant
City Manager Walsh, Police Chief O'Rourke, 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.
No persons were present to address the Council at the public forum.
APPROVALOFAGENDA:
Zieska: Suggested that the presentation items (A) and (B) be moved ahead of the public hearings in consideration of the
presenters' time.
MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF NOVEMBER 18, 2002 REGULAR MEETING MINUTES
MOTION BY PETERSEN, SECOND BY LEMAIR TO APROVE THE NOVEMBER 18, 2002 REGULAR MEETING MINUTES
AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeUair, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Resolution 02-194 Approving a Wetland Replacement Plan for Lakefront Plaza.
(C) Consider Approval of Resolution 02-195 Electing the Non-Waiver of Statutory Municipal Liability Limits and Declining
Excess Liability Insurance Coverage.
Boyles: Reviewed the Consent Agenda items.
MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENTAGENDA:NONE.
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
December 2, 2002
PRESENTATIONS:
Presentation Recognizing Prior Lake Police Department and Citizen Partnership Award.
O'Rourke: Reviewed the events of November 14th in which a serial bank robbery suspect was apprehended in Prior Lake,
particularly noting the role of Pdor Lake resident Elizabeth Thomas in recognizing and reporting the burglary in progress.
Her quick thinking afforded the police the additional time and information necessary to make an arrest.
Hau.qen: Thanked Chief O'Rourke for his role in apprehending the bank robber, as well as other responding police
departments, the bank personnel, and Elizabeth Thomas. Presented Ms. Thomas with a Citizen Partnership Award.
Presentation Regarding Downtown Dazzle Festivities (Sandi Fleck)
Sandi Fleck (Prior Lake Chamber Executive Director): Briefly reviewed the holiday event to held Downtown Prior Lake and
the festivities that would take place on December 6, 2002. Advised that this event is co-sponsored by the Chamber and the
City, and the hope is that the event will become an annual holiday tradition in the community.
PUBLIC HEARINGS:
Truth-in. Taxation Hearing for Proposed 2003 City Budgets.
Bo¥1es: Reviewed the agenda item in connection with the staff report, reviewing the 2003 Budget process to date,
conditions that affect the 2003 Budget, accomplishments of the 2003 Budget, and the anticipated impacts upon the
taxpayer.
Petersen: Asked the Finance Director to discuss the surplus funds and where those funds are designated.
Teschner: Discussed that in 2001 and in 2002, the City was lucky enough to experience elevated revenue primarily due to
the high number of building permits issued. Discussed the need to plan for capital building needs and the direction by the
Council to designate most of the surplus funds to building reserves. Noted that the remainder of the funds are available in
Contingency to be used in emergencies. Advised that given the financial instability at the State, local governments are still
not fully aware of the impacts on municipalities, and that some consideration should be made to plan for the potential
impacts.
Petersen: Asked if that meant that valuation growth can't alone support the needed expenditures.
Zieska: Commented that the particular surpluses were created by conservatively estimating the developer generated
revenues. Relying too heavily on those revenues puts the City at some risk.
Teschner: Confirmed and advised that from a philosophical perspective, staff does not believe that growth at the current
pace can continue and therefore remains conservative in its revenue estimates from that source.
Zieska: Commented further that the State Auditors recommend that reserves be maintained at 50% of the General Fund
balance, which is the rationale for the increase in the Contingency Fund. Also advised that much of the money in reserves
has been dedicated.
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DRAFT
December 2, 2002
LeMair: Asked for clarification as to the re-structuring of budgets due to loss of HACA funds and other impacts of the
State's financial instabilitiy.
Teschner: Explained that in 2002, HACA aid was replaced by ad valorem property tax.
LeMair: Asked how it is that the property tax increase can be $200 for one property, while another can go down by $50,
even though the City may be issuing a 6% increase.
Teschner: Discussed limited market value, its differential, and the maximum valuation pementage. Believed the majority of
taxable properties would experience a 6% increase. Commented on the net effect of the property tax levy over the past 5
years, the conservative budgeting and the attempts to offset any spending increases with valuation growth.
Hau,qen: Asked the benefit to the taxpayers of the upgrade in the City's financial rating from A2 to Al.
Teschner: Explained that the better the rating, the better the interest rate and the cost of bonding for capital improvements.
Hau.qen: Asked that if the General Fund Reserve was maintained at a bare minimum, would the rating be affected.
Teschner: Advised that Moody's typically likes to see a 45% cushion to deal with downtums in economy that can impact a
growing community. The rating cdteda is largely based upon trends and the long-term picture.
Mayor Haugen declared the public hearing open at 8:18pm.
Paul Scheunemann (3453 Glynwater Trail): Noted his past experience as a 3 ½ year Prior Lake resident, and a former
Mayor and Planning Commissioner for the City of Bumsville. Referred to the City's financial statement for year end 2002,
discussing that there had been no justification for a tax increase. Specifically noted that the City's budget for last year was
$6.792 million, while the proposed budget for next year is $8.636 million, or a 27% increase in over the past two years.
Further discussed that over the past four years, the City's tax levy held fiat, increasing from $4.566 million in 1998 to $4.729
million in 2001. The tax levy was increased by less than $200,000 over four years without a reduction in services. The
majority of the proposed increase for 2003 is directly a result of an increase in spending. Also discussed the excess
revenues resulting in a $31 million build-up in bank deposits and investments. Even though a City must have reserves,
when is it enough. The large surpluses are far more than are required. Discussed a $1 million dollar transfer to the building
fund to make the surplus less conspicuous. Believed this creates a slush fund, and that the citizens should expect a higher
degree of fiscal responsibility. Noted that if the City were to collect no taxes last year, it would have still ended the year with
a small fund balance. The facts do not support the rationale that population growth drives the spending increase. When City
govemment is fiscally responsible, growth should pay for itself. Referred to the Star Tribune article published December 1,
2002, stating that compared to 20 other area cities, Prior Lake is fourth from the top in dollars of proposed taxes per person.
Tax dollars should be spent on substance rather than image. Provided several examples or spending on wants vs. needs.
Submitted a petition signed by 500-600 persons.
Zieska: Asked if the Star Tribune article referred to total tax bill, or the City portion only.
Scheunemann: Just the City portion.
Matthew Prettyman (3442 & 3454 Sycamore Trail): Agreed wholeheartedly with the comments of Mr. Scheunemann.
Believed that this truth-in-taxation presentation is an exercise in futility. Believes that with all the talk of Vision, the Council
has lost focus. Criticized City staff for personnel decisions given its large number of manager level positions, and the added
position of a Communications Coordinator. Believed positions like Building Inspectors and Police Officers were necessary,
City Council Meeting Minutes
DRAFT
December 2, 2002
a Communications Coordinator is not needed for items such as the Wavelength and to be a spin doctor with the newspaper
and public. Criticized the newspaper's bias to this administration. Commented that the City staff has stated that growth
created a surplus, but the proposed budget implies that growth requires higher taxes. Doesn't believe that makes sense.
Also criticized the Finance Director in his strategy to transfer surplus funds to keep it from the state's eyes. Believed the
strategy was fiscally irresponsible. Further criticized the assistance given to Norex and the Jeffers Pond development,
particularly when his own attempt to get assistance was not considered. Believed that this administration would spend all
that it can collect, and then some. Criticized the honesty of this Council and the City staff. Further discussed that using and
average home value of $191,900 was not realistic, and the value of homes in the community was significantly greater than
that. Believed there should be sympathy from this body that Pdor Lake taxpayers are paying dollars to the School District,
and County as well. Also is of the philosophy that the City should not plan for state aid cuts that haven't happened yet.
Continued to make personal attacks upon the Council members and staff.
Hau.qen: Asked Mr. Prettyman to limit his comments to the facts of the proposed budget, and not make personal criticisms
of the staff.
Prettyman: Continue that the facts state that at the end of 2001, the total reserve fund balance was $11.708 million and
unreserved is $12.980, neither of which are close to $25 million....but $27 million. How much is enough? Continued that it is
necessary to have a Strategic Plan, but that this Council is at an advantage because the previous leadership provided it.
Still, the 2020 Vision weighs on the budget. Believes dollars should be designated based upon need. Suggested that
reallocating usage of existing public buildings could eliminate the need for new facilities, such as eliminating the subsidized
Dance program and Library and use it for a new City Hall. Also suggested replacing the public works building with a pole
barn and using it as a new City Hall. These options are much more conservative than constructing a new facility that would
over-extend us. Services have been provided in the current facilities. Concluded that the 2020 Vision and the p~oposed
2003 budget be re-focused. Criticized several of the line items in the 2003 summary and the specificity of the document.
Zieska: Volunteered that Mr. Prettyman is welcome to review his 89 page line item budget, and would be happy to discuss
it with him at any time.
Harry Alcorn (14283 Shady Beach Trail): Commented that there are also persons in his circle within the community who
are supportive of having a progressive leadership. Supported the 2003 proposed budget, and the efforts of the Long-Range
Planning Committee who developed the 2020 Vision and Strategic Plan.
MOTION BY PETERSEN, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Zieska: Thanked the individuals who took time to prepare presentations and encouraged input of all residents over the next
two weeks if they have an opinion regarding this budget. Discussed the financial impacts of losing the abilities of cable
public access coordinator Jim Schindler, who was previously shared with the School District, and the need to provide those
services, much of which is the charge of the City's new Communication Coordinator. Also clarified that the average taxable
value estimated of $191,900 for homes in Prior Lake was provided by Scott County from their records, and not necessarily
the market value of the property. Also confirmed that the need to carry fund balances in funds such as our Equipment
matrix, is so that there are funds available to make those capital investments without having spikes and valleys in the
budget.
Teschner: Clarified that Mr. Scheunemann indicated that the total tax levy has gone up by $1.3 million which is accurate,
but that 75% of that levy increase was due to loss of HACA funds.
Hau.qen: Asked for clarification as to the reference to a 27% increase in the budget of the past 2 years.
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City Council Meeting Minutes
DRAFT
December 2, 2002
Teschner: Clarified that the increase over the past two years was approximately 14% for the General Fund operating
budget. Also clarified that $241,000 was proposed for the five personnel positions increases, not $600,000.
Haugen: Commented that during the course of the comments tonight, it was suggested that it would take courage to makes
the changes suggested by the speakers tonight. However, also suggested that it takes an equal amount of courage to stay
the course. This isn't an easy task. This budget process isn't over. There will be more dialogue between these
Councilmembers and the City staff. Complimented former Mayor Mader in financially positioning this City well. Now, he
believes, as did the Long-Range Planning Committee who was charged with looking to the future needs and planning for
those needs, that it is time to be progressive in where this community is going. Believed the City staff has submitted a
budget that it believes is responsive to those needs. The Council w~ll next consider this budget at its December 16, 2002
regular meeting.
The Council took a brief recess.
Public Hearing to Consider Appeal of Planning Commission Decision to Deny a 15-Foot Variance to Allow a lO.Foot
Front Yard Setback.
Kirchoff: Reviewed the agenda item in connection with the staff report.
Petersen: Asked if the other options suggested by staff included adding both buildings, or just one.
Kirchoff: Advised that the property could accommodate both structures provided it meets the impervious surface
requirements.
Zieska: Asked how, when and by whom the "no boat launching" sign was placed.
Kansier: Did not know who placed the sign or when, but that the access is not an appropriate boat launch area in that it
does not have the proper grade or apron. The access is primarily used in the winter for emergency vehicles, or to place ice
houses.
LeMair: Advised that he would be abstaining from the decision in this matter because his company was completing work in
the residence.
Mayor Haugen declared the public headng open.
Randy Simpson (2933 Spring Lake Road): Discussed the status of existing 6th Street and its impacts upon his application,
noting that the street is not maintained by the City or County. Also discussed the interpretation of comer lots and the options
provided by staff. Believes his lot is peculiar due to the status of the roadway. Reviewed several other of the hardship
criteria, noting his interpretation of meeting the hardship vs. the staff recommendation. Believed that his project meets the
intent of the ordinance.
MOTION BY ZIESKA, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carded.
Zieska: Asked the City Attorney if the street were changed to a park, could it be changed back into a street at some future
date if necessary.
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DRAFT
December 2, 2002
Pace: Advised that she would need to review the issue, but did not believe so.
Zieska: Would not support giving up a lake access, particularly since a neighboring property needs the street for access,
and that the access is needed from a public safety perspective. Believed there are other acceptable options for the property
to meet the need for the homeowner. Reviewed his interpretation of the hardship criteria as it relates to this application.
Supported the Planning Commission's decision to deny the variance.
Petersen: Asked if the street was a property line, what the side yard setback would be.
Kirchoff: 10 feet.
Petersen: Believed it's a pretty big garage that seems to be pushing the residential use of the property. Supported the
Planning Commission decision.
Hau,clen: Commented that emotionally, he preferred the proposal of the applicant, believing it the most aesthetically
pleasing. However, factually, the request does not meet the hardship criteria. Supported the Planning Commission decision.
MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-196 UPHOLDING A DECISION OF THE
PLANNING COMMISSION TO DENY A 15-FOOT VARIANCE FROM THE MINIMUM 25-FOOT FRONT YARD SETBACK
FOR THE CONSTRUCTION OF A GARAGE ADDITION.
VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Councilmember LeMair abstained.
PRESENTATIONS:- continued
Presentation on 2002 Police Station / City Hall / Community Center Space Needs Analysis (David Kroos)
Kroos .(Boarrnan, Kroos Vogel): Reviewed his firm's role in the 1993 Space Needs Analysis and the evolution of projects
from 1993 to date. Discussed the objectives, rationale, and criteria used in reviewing the City's need for a Police / City Hall/
Community Center facility.
O'Rourke: Took the City on a video walking tour of the City Hall and Police facility, pointing out the deterioration of the
building in many instances, how inadequate the space is, and the overall inefficiencies of the buildings.
OLD BUSINESS:
Consider Approval of an Ordinance Amending the Zoning Ordinance Section 1101.504 Pertaining to Fences on
Corner Lots.
This item was tabled in order for the Council to hold an additional
workshop on the topic.
NEW BUSINESS
Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for
Four Playgrounds.
Osmundson: Reviewed the agenda item in connection with the staff report.
City Council Meeting Minutes
DRAFT
December 2, 2002
MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-197 APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR FOUR PLAYGROUNDS.
Zieska: Commented staff on the timing of the process in that it get the park in first thing in the spring.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Approving City of Prior Lake Investment Poficy.
Teschner: Reviewed the project in connection with the staff report.
LeMair: Clarified that basically, this policy is a written form of what the established guidelines and criteria has been.
Teschner: Confirmed.
Zieska: Commented that this investment policy deals with three factors - safety, liquidity, and return on investment - in that
order, which may be different than personal funds. In dealing with public monies, Finance Director Ralph Teschner has
always made the safety of the money the most important aspect of investment.
MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-198 APPROVING CITY OF PRIOR
LAKE INVESTMENT POLICY AS SUBMITTED BY STAFF.
VOTE: Ayes by Haugen, Petersenl Zieska and LeMair, the motion carded.
OTHER BUSINESS / COUNCILMEMBER REPORTS
Bo¥1es: Noted that the City continues to take applications for the City Council vacancy. The deadline is the end of business
on Tuesday, December 10th. m,~~/l~~~~........._.~
A motion to adjourn was made and seconded. The meeting adjourned at 11:34p
Frank Boyles, City Manager ,cording Secretary
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