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16200 Eagle ~~!t~~~ fPUNCIL MEETING AGENDA
Prior Lake, MN 55372-1714
MARCH 1, 2004
7:00pm
Fire Station No.1
1.
CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m.
2.
PUBI..IC 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 FEBRUARY 17, 2004 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 Monthly Fire Call Report (January 2004).
C) Consider Approval of a Resolution Approving a Common Interest Community Number 1079
(Deerfield Condominium) Nineteenth Supplemental CIC Plat.
D) Consider Approval of 2003 Variance Summary Report.
E) Consider Approval of Resolutions Authorizing the Purchase of: (1) 2004 Chevrolet 1500 Half-Ton
4X4 Extended Cab Pick-Up Truck through the State of MN Cooperative Purchasing Program, and
(2) 25-Foot GVW Trailer through the State of MN Cooperative Purchasing Program.
F) Consider Approval of a Resolution Annexing the 2004 Annexation Area under the Orderly
Annexation Agreement between the City of Prior Lake and Spring Lake Township Pursuant to
Minnesota Statutes 414.0225.
G) Consider Approval of a Resolution Amending City Council Resolution 04-29 Authorizing Fund
Transfers for Street and Utility Construction for Ring Road Phase II (City Project 01-01) and Trunk
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030104
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Highway 13/ CSAH 23/ Ring Road Phase III (City Project 02-06).
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBl..IC HEARINGS:
A) Public Hearing to Consider Three Resolutions with Respect to the Downtown Redevelopment
Project: (1) Ordering the Main Avenue and Dakota Street I mprovement Project (City Project 04-11);
(2) Approving Plans and Specifications and Authorizing Advertisement for Bids; and (3) Authorizing
the Placement of "No Parking" Signs on Main Avenue.
8. PRESENmAmI0NS:
A) Presentation by 2004 Mrs. Scott County on Her Platform of Community Involvement (Andrea
Blomberg)
9. 0I.DBl..JSINESS:
A) Consider Approval of an Ordinance Amending the Zoning Ordinance to Allow Off-Premise
Directional Signage for Facilities of Regional Significance (Case File 04-01).
B) Consider Approval of an Ordinance Amending the Zoning Ordinance to Add Campbell Lake, Crystal
Lake and Rice Lake to the Shoreland Ordinance (Case File 04-01).
C) Consider Approval of an Ordinance Amending the Prior Lake Zoning Map to Zone Approximately 4
Acres R-1 (Low Density Residentia~ on the William and Vi Stemmer Property Located at 2080
Shoreline Blvd (Case File 04-16).
10.
A)
NEW Bl..JSINESS::
Consider Approval of a Resolution Adopting the Sustainable Lakes Plan as Prepared by the Prior
Lake / Spring Lake Watershed District.
B) Consider Approval of Resolutions Authorizing Expenditure of Fac;ade Improvement Funds.
C) Consider Approval of a Resolution Supporting State Funding Assistance for the Burnsville Kraemer
Surface Treatment Proposal.
D) Consider Approval of a Resolution Supporting Scott County's Request for Access Management
Funding for TH 13/ CSAH 12 Intersection Improvements.
11. OTHER BUSINESS/COUNCIl..MEMBER REPORTS:
12. ADJOURNMENT
030104
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
February 17, 2004
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Acting Mayor Zieska, Councilmembers Blomberg, Petersen, and LeMair, City Manager Boyles, City Attorney
Pace, Planning Coordinator Kansier, City Engineer McDermott, Public Works Coordinator McCormick, Communications
Coordinator Oster, and Administrative Assistant Meyer.
Actina Mayor Zieska: Announced that Mayor Haugen was out of town on business, so he would be leading the meeting as
Acting Mayor.
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.
Boyles: Reviewed the procedure for the public forum.
No persons were present to address the Council.
APPROVAL OF AGENDA:
Boyles: Asked that Item 10A (Consider Approval of a Joint Resolution for Orderly Annexation between the City of Prior
Lake and Spring Lake Township Pursuant to Minnesota Statutes 414.0325 Annexing Forty Acres (40) Commonly known as
Honey's Back Forty) be removed at the request of the applicant.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE FEBRUARY 2, 2004 REGULAR MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Zieska, Petersen, Blomberg, and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE FEBRUARY 9, 2004 EMERGENCY MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Zieska, Petersen, Blomberg, 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 Preliminary 2003 4th Quarter Budget Report.
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City Council Meeting Minutes
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February/~, 2004
(F) Consider Approval of Resolution 04-25 Approving the Common Interest Community Number 1111 (Jeffers South
Condominium CIC Pla~.
(G) Consider Approval of Resolution 04-26 Requesting a Variance from Municipal State Aid Standards for Main Avenue
(City Project 04-01).
BOYLES: Reviewed the Consent Agenda items.
MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE
PUBLIC HEARINGS:
Public Hearing to Consider Approval of the Issuance of an On-Sale Intoxicating and Sunday Liquor License for
North Grove Holdings Inc. d/b/a Hollywood Bar and Grill.
Bovles: Reviewed the agenda item in connection with the staff report.
Acting Mayor Zieska declared the public hearing open at 7:10pm.
Ravmond Thomas (South St. Paul, MN) (purchaser of Hollywood Bar and GrilQ: Introduced himself and his wife, who are
each employed at Mystic Lake Casino and look forward to operating the business.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Zieska, Blomberg, Petersen and LeMair, the motion carried.
Petersen: Commented that this seems to be a continuation of the previous business. Supported the issuance of the
license.
LeMair: Asked if Mr. Thomas had experience in the restaurant business.
Thomas: Explained that he is a 3rd generation restaurant operator, and opened his first restaurant at the age of 20. He
currently lives in South St. Paul but will move to Prior Lake after his last child graduates next year.
LeMair: Asked if the business will continue to operate as a family restaurant, and if any live entertainment will be offered.
Thomas: Explained that his intention is to get his feet wet first and continue the business operation as it currently exists.
Did not yet know whether live entertainment is a viable option for this area.
LeMair: Thanked Mr. Thomas and wished him luck in his venture.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE ISSUANCE OF AN ON-SALE INTOXICATING AND
SUNDAY LIQUOR LICENSE FOR NORTH GROVE HOLDINGS INC. D/B/A HOllYWOOD BAR AND GRILL.
VOTE: Ayes by Zieska, Blomberg, Petersen and LeMair, the motion carried.
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City Council Meeting Minutes
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February,?, 2004
PRESENTATIONS: NONE.
OLD BUSINESS
Consider Approval of a Resolution Accepting Bids and A warding Contract for the Construction of Phases /I and 11/
of the Ring Road.
McDermott: Reviewed the agenda item in connection with the staff report.
Blombera: Commented that the additional $38,000 appears to be appropriate, and that the bid is significantly lower than
anticipated. Concerned that staff pay particular attention to managing the number of change orders.
McDermott: Advised that the City staff worked closely with the County on the CSAH 82 project which was completed by
S.M. Hentges. Both the County and City were happy with how the project commenced.
Petersen: Supported the project.
LeMair: Asked if there was any concern with having different contractors complete different phases of the project.
McDermott: None.
Zieska: Asked where the $600,000 will be shaved from since the bid came in significantly lower than the engineer's
estimate.
McDermott: Advised that the City will use less of the available Municipal State Aid funding, which will then be able to be
used for other roadway projects.
Zieska: Added how important it is to commence this project which will provide a much needed lighted intersection at Five
Hawks and TH13.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-27 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE CONSTRUCTION OF PHASES II AND III OF THE RING ROAD TO S.M. HENTGES,
TOGETHER WITH THE FUNDING OUTLINED.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-28 AMENDING THE CONTRACT WITH
S.M.HENTGES COMPANY.
VOTE: Ayes by Zieska, Blomberg, Petersen and LeMair, the motion carried.
MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-29 AUTHORIZING FUNDING FOR
THE PROJECT.
VOTE: Ayes by Zieska, Blomberg, Petersen and LeMair, the motion carried.
Consider Approval of Amendments to the Zoning Ordinance: (1) Pertaining to the Procedure for Approval of
Condition al Use Permits (Case File 04-07); (2) Requiring Future Decks to be Included on Surveys for New
Dwellings (Case File 04-04); and (3) Clarifying the Fence Ordinance (Case File 04-06).
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City Council Meeting Minutes
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February'" 2004
Item (1) - Amendment to Conditional Use Permit Process
Kansier: Reviewed the agenda item in connection with the staff report, noting that the ordinance amendment basically
gives the Planning Commission authority to approve Conditional Use Permit, with an appeal process to the City Council.
The process is consistent with the process used for variance applications.
Petersen: Commented that it seems appropriate for the Planning Commission to handle these applications given that the
City Council still may hear the items on appeal.
Blombera: Agreed with Councilmember Petersen and supported the amendment as long as the public retains the same
opportunities for comment.
Zieska: Agreed.
LeMair: Asked if there is any concern with the 5 calendar day appeal process.
Kansier: Advised that there have not been problems in the past. An appellant typically knows immediately if they wish to
appeal.
Blombera: Added that the City Council has been working with the Planning Commission in a number of work sessions and
believes that the Planning Commission and City Council are typically consistent in their concerns and application of the
zoning code provisions.
Zieska: Suggested changing the word "calendar days" to "business days" to be more specific. Also asked that the variance
process be adjusted similarly.
MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE ORDINANCE 04-07 AMENDING CITY CODE SECTION
1108.200 REGARDING THE PROCEDURE FOR APPROVAL OF CONDITIONAL USE PERMITS AS AMENDED.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
Item (2) - Future Decks Outlined on Surveys for New Dwellings
Kansier: Reviewed the agenda item in connection with the staff report, noting that the intent is to avoid the need for future
variance requests. This action helps communicate with subsequent owners of a property after the initial construction of the
home.
LeMair: Supported the amendment in that it improves communication and attempts to eliminate misinformation.
Petersen: Added that it also will mitigate the problem where builders add a deck and ledger board where a deck is not
necessarily permitted.
Blombera: Asked if the intent is to somewhat protect homebuyers.
Kansier: Explained that the intent is to make it more clear whether a deck fits within the footprint of the building. The
surveys will attach to an abstract and become part of the permanent record of the structure.
Zieska: Also supported the amendment.
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City Council Meeting Minutes
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February/'/., 2004
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MOTION BY PETERSEN, SECOND BY BLOMERG, TO APPROVE ORDINANCE 04-08 AMENDING CITY CODE
SECTIONS 1109.502 AND 1109.503 REQUIRING FUTURE DECKS TO BE INCLUDED ON SURVEYS FOR NEW
DWELLINGS.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
Item (3) - Clarifying Fence Ordinance Language
Kansier: Reviewed the item in connection with the staff report, noting that the ordinance amendment clarifies that the fence
ordinance language refers to residential properties. Suggested that in the future the Council may want to consider criteria
for Commercial/Industrial fencing requirements.
Petersen: Believed the clarification is appropriate, but that regulating fences seems to be an on-going issue.
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE ORDINANCE 04-09 AMENDING CITY CODE SECTION
1101.504 CLARIFYING THE FENCE ORDINANCE.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for the 2003-2004 Lift Station
Rehabilitation Project (City Project 03-05).
Osmundson: Reviewed the agenda item in connection with the staff report. Also requested an addition to the resolution to
fund $272,000 from the sewer and water fund for purchase of SCADA equipment needed for standardization of the lift
stations.
Blombera: Asked why the bids came in so much better than the ones rejected last season.
Osmundson: Advised that this project was bid much earlier in the year and allows more time for the contractors to plan
their schedule for the construction season and to get equipment.
Blombera: Asked Mr. Osmundson to explain the purpose of the SCADA equipment.
Osmundson: Explained that SCADA equipment is being installed to standardize the lift stations. The computer software
provides data management of inflow, run time and other information, as well as provides software that automatically pages
and reports any lift station malfunctions or failures.
Blombera: Summarized that SCADA equipment takes away the personal reporting obligation to residents.
LeMair: Asked if the two contractors that bid last year, also bid this year, and if it is typical that bids increase the later in the
construction season.
Osmundson: Believes one of the two contractors bid this time. There seem to be fewer and fewer contractors who work on
this type of project. Busy contractors don't need the work so they submit bids that make it worth their while.
Bovles: Asked if the bid can be authorized at a subsequent meeting to be sure that our purchase policy guidelines have
been met given the $272,000 addition for the SCADA equipment.
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February/1-, 2004
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Osmundson: Explained that the addition to the resolution is applying the rationale we established last year during the
standardization process, and that the language authorized completing the process to purchase the equipment in an amount
not to exceed $272,000 and be funded from the sewer and water operating fund, pursuant to the resolution approving the
standardization of the equipment.
Petersen: Asked if the contractor will charge more for installing this standardization equipment.
Osmundson: Advised that the installation was included as work to be completed in the bid specifications.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04.30 ACCEPTING BIDS AND
AWARDING THE CONTRACT FOR THE 2003-2004 LIFT STATION REHABILITATION PROJECT (City Project 03-05) TO
CARL BOLANDER & COMPANY IN AN AMOUNT NOT TO EXCEED $637,884.00 AS AMENDED, AND SUBJECT TO
REVIEW OF THE STANDARD CONTRACT BY THE CITY ATTORNEY.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
NEW BUSINESS
[REMOVED] -- Consider Approval of a Joint Resolution for Orderly Annexation between the City of Prior Lake and
Spring Lake Township Pursuant to Minnesota Statutes 414.0325 Annexing Forty Acres (40) Commonly known as
Honey's Back Forty.
Consider Approval of Authorization to Retain Ingraham and Associates to Update Comprehensive Park and Trail
Plan.
Osmundson: Reviewed the agenda item in connection with the staff report, noting the largest part of the contract is to
inventory the' number of parks, trails and athletic fields, and to forecast the needs for the annexation area, and prepare a
concept park and trail plan for the area.
LeMair: Asked the timeline for completion.
Osmundson: June. Advised that the last update was completed between 1995 and 1997.
LeMair: Commented that the forecast will also allow us to plan for land acquisition.
Blombera: Commented that since the study is so comprehensive, it will continue to foster the partnerships the City has with
the School District, the County, the SMSC, and PLAY. Asked if consultant will physically meet with these entities to assure
that the end product truly reflect the needs of the future.
Osmundson: Advised that staff will work closely with the consultant and community groups.
Zieska: Commented that maintenance of parks, infrastructure and natural resources are targeted as part of the Vision
Elements of the 2020 Vision and Strategic Plan, which reinforces for him the residents commitment to the parks system.
Supported the project.
Bovles: Asked if an update of the fee study should be completed with this study once the future needs are identified.
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February'1-' 2004
Osmundson: Suggested that he get the information as to how the contract might be affected and come back to the next
meeting as an amendment to this contract.
MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.31 AUTHORIZING THE RETENTION
OF INGRAHAM AND ASSOCIATES TO UPDATE THE COMPREHENSIVE PARK AND TRAIL PLAN IN AN AMOUNT NOT
TO EXCEED $23,200 FUNDED FROM THE CAPITAL PARK FUND.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing SRF Consulting Group Inc. to Provide Professional Engineering
Services for the Transportation System Component of the Comprehensive Plan Update.
Osmundson: Reviewed the agenda item in connection with the staff report, noting that SRF also completed the County
Comprehensive Plan update study.
Blombera: Asked the shelf life of a study of this type.
Osmundson: Advised that it is typically 10 years or as circumstances significantly change.
Blombera: Also commented that evaluation of costs and fees helps tremendously in planning and budgeting for needed
future projects.
Osmundson: Advised that the Met Council and MnDot review this plan when the Comp Plan is submitted for approval.
Advised that the study will also target where future collectors might be needed.
Petersen: Asked if the study will address CSAH 17.
Osmundson: The details of the design will not be discussed, but the study will address future needs in that area.
MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.32 AUTHORIZING SRF
CONSULTING GROUP INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE TRANSPORTATION
SYSTEM COMPONENT OF THE COMPREHENSIVE PLAN UPDATE IN AN AMOUNT NOT TO EXCEED $29, 500
FUNDED FROM THE COLLECTOR STREET FUND.
VOTE: Ayes by Zieska, Blomberg, Petersen, and LeMair, the motion carried.
OTHER BUSINESS
Osmundson: Advised that an Information Meeting will be held tomorrow night. The CSAH 12 project will have an open
house on February 19th, and a CSAH 21 Corridor Study meeting will be held on February 26th.
With no other comments from Councilmembers, a motion to adjourn was made and se nded. The meeting adjourned at
8:30pm.
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