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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 JUNE 7, 2004 7:00pm Fire Station No.1 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. A) A Grocery Store in Prior Lake (Dave Chromy) 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF MAY 17, 2004 MEETING MINUTES: 5. CONSI:NiAGENDA: Those items on the Council Agenda which are considered routine and non controversial are included as pari 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 Authorizing the Removal of No Parking Signs on Green Heights Trail and Dutch Avenue. C) Consider Approval of a Resolution Approving a Wetland Replacement Plan for Deerfield Industrial Park (City Project 03-40). D) Consider Approval of a Resolution Authorizing General Fund Transfer to the Building Fund. E) Consider Approval of a Joint and Cooperative Agreement for the Use of Fire Personnel and Equipment. F) Consider Approval of Massage Therapy License for Rita Ann Marie Goggins. G) Consider Approval of Refuse Haulers Permit for Evergreen Sanitation. H) Consider Approval of an Ordinance Amending the Prior Lake City Code Section 106.500 Regarding the City Manager's Purchasing Authority. I) Consider Approval of a Resolution Approving an Encroachment Agreement for the Installation of a Fence in a Sanitary Sewer Easement. 060704 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 6. liEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: NONE. 8. PRESENTATIONS:: A) Recognition of Retiring Planning Director Don Rye (Mayor Haugen). 9. OLDrBUSINESS:: A) Consider Approval of a Resolution Approving an Amendment to the Conditional Use Permits for Diggers Polaris Relating to (1) Outdoor Display, and (2) Outdoor Test Track. B) Consider Approval of a Resolution Accepting the Minnesota Department of Natural Resources Shoreland Habitat Grant for the Restoration of Shoreland at Sand Point Beach. 10. A) NEW BUSINESS:: Consider Approval of a Resolution Authorizing the Payment of Facade Improvement Funds to O'Malley's On Main B) Consider Approval of an Amendment to the Prior Lake Zoning Map to Zone Approximately 36 Acres R-1 (Low Density Residentia~ Located on the East Side of CSAH 17 and Approximately % Mile North of County Road 12 (Case #04-61). C) Consider Approval of a Resolution Authorizing the Installation of No Parking with Trailer Signs along Willow Beach Trail, Willow Beach Street, Bay Avenue and Basswood Circle. D) Consider Approval of a Resolution Authorizing the Agreement for Joint Assessment between the City of Prior Lake and Scott County. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 060704 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES May 17, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Pace, Community Development Director Rye, Planner Kirchoff, Public Works Director Osmundson, City Engineer Albrecht, Communications Coordinator Oster, and Administrative Assistant 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. Bovles: Reviewed the procedure for the public forum. Steve Neilsen (14677 Wilds View NW, owner of Sinclair): Discussed the concerns the Downtown business owners (present) have with the design of access at CSAH 21 and Main Avenue. Commented that his customers would find it difficult to enter with boats and large delivery trucks. Did not believe a pedestrian-friendly Downtown was a priority, but traffic flow should be. Also concerned about the safety issues. Believed without some change, the businesses that currently support Downtown, will find it difficult to continue to exist. Asked the Council to reconsider amending the design at CSAH 21 and Main. Hauaen: Commented that staff will have to look into the matter, but reminded business owners that the idea is to create something for the long-term. Asked if transport trucks could utilize Arcadia and Dakota as an alternate. Neilsen: Believed it is too early to tell. The Downtown business owners feel that they know their customers and the new street layout will be difficult to navigate. Believed there needs to be a happy medium between pedestrian traffic and vehicular and truck traffic. Did not want to make it inconvenient for his boat traffic and trailer customers to come Downtown. Hauaen: Asked staff to look into the CSAH 21 / Main intersection in connection with the comments made today, but keeping in mind the vision for our Downtown 20 years from now. The idea is not to be injurious short-term or long-term to existing businesses. Advised that there is a difference between accepting change and convenience. Petersen: Commented that transport trucks could easily use Dakota from TH13, but is concerned if it is difficult for boat traffic. leMair: Believe it is worth asking staff for a recommendation. Dan Borchardt (Dan's Auto Repair): Commented that he did not believe a fire truck can make the turn without crossing lanes. Also commented that delivery trucks will also have a difficult time making turns at any of the intersections. Zieska: Suggested that a discussion item be added to the agenda. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT May 17, 2004 APPROVAL OF AGENDA: Zieska: Requested adding an agenda item as 9C to discuss the Downtown Reconstruction. MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE MAY 3, 2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, 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 a Zoning Ordinance Amendment to Reduce the Required Setback from Principal Arterial Roads for Day Care Play Areas in the C-4 Use District. (F) Consider Approval of a Zoning Ordinance Amendment Designating Boat Lifts and Rail Systems as Recreational Equipment. (G) Consider Approval of Resolution 04.87 Approving a Wetland Replacement Plan for Sterling South. BOYLES: Reviewed the Consent Agenda items. ZIESKA: Requested removal of Item (F). BLOMBERG: Requested removal of Item (E). MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of a Zoning Ordinance Amendment to Reduce the Required Setback from Principal Arterial Roads for Day Care Play Areas in the C-4 Use District. BLOMBERG: Commented that she is not convinced that the proposed setback is adequate with respect to noise mitigation and pollution impacts. Asked about the current proposal. KIRCHOFF: Explained that the proposal is that the setback can be 50 feet if a significant barrier is in place. BLOMBERG: Advised that she could not find regulations or supporting documentation regulating the impacts of noise on people. Asked if the staff had any such information. KIRCHOFF: Advised that the state does regulate noise in some circumstances, but that specific determinations as to the impacts of traffic noise on day care areas at certain distances, elevations, etc. are not provided. 2 City Council Meeting Minutes DRAFT May 17, 2004 BLOMBERG: Explained that in comparing circumstances with the facilities such as the day care at her church, it seemed the ordinance provisions as they exist are appropriate. Did not see that there should be a reason for a lesser setback. LEMAIR: Believed there is no hazard, but that the actual number is somewhat ambiguous. Asked where the setback is calculated from. KIRCHOFF: The setback is calculated from the lot line. ZIESKA: Commented that his back yard is 150 feet from CSAH 42. Did not believe there was significant noise or safety impact upon his family at that distance. BLOMBERG: Advised that the point is that she is not convinced that 50 feet is adequate. In a commercial area, it just seems too close. ZIESKA: Commented that he is comfortable with the 50 feet. PETERSEN: Reminded that the play area is only utilized at 2-hour intervals and not at peak times. Respectfully, he understands Councilmember Blomberg's concerns, but believed the 50 foot setback was adequate. HAUGEN: Believed the 50 foot setback is as safe a condition that we can manage without driving businesses elsewhere. BLOMBERG: Reminded Councilmembers that ordinance applied to the community as a whole and the consideration should not be specific to this particular business. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE ORDINANCE 04-18 AMENDING THE ZONING ORDINANCE TO REDUCE THE REQUIRED SETBACK FROM PRINCIPAL ARTIERIAL RAODS FOR DAY CARE PLAY AREAS IN THE C-4 DISTRICT. VOTE: Ayes by Haugen, Petersen, Zieska, and LeMair; Nay by Blomberg, the motion carried. Consider Approval of a Zoning Ordinance Amendment Designating Boat Lifts and Rail Systems as Recreational Equipment. ZIESKA: Asked for clarification as to what a 240 square foot structure could accommodate. KIRCHOFF: A 26 foot boat. ZIESKA: Asked for clarification as to grandfathering. PACE: Explained that unless the City Council wants to begin a campaign to bring every lift or rail system into compliance with the adopted standard, boat lifts and rail systems already installed would be allowed to remain until such time as they were changed or required replacement. KIRCHOFF: Added that if over 50% of the structure was replaced or repaired, the structure would need to come into compliance with a 10 foot setback and 240 square foot size limitation. LEMAIR: Asked if a boat lift canopy is 1 foot from the property line and is 300 square feet, it can remain. PACE: Confirmed. 3 City Council Meeting Minutes DRAFT May 17, 2004 BOYLES: Asked what happens if a portion of the boat lift or rail system is over the property line. PACE: Advised that the issues then become a civil matter between neighboring property owners. MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE ORDINANCE 04.19 AMENDING THE ZONING ORDINANCE TO DESIGNATE BOAT LIFTS AND RAIL SYSTEMS AS RECREATIONAL EQUIPMENT WITH CONDITIONS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: NONE. PRESENTATIONS: Recognition of Eagle Scouts Matthew Anderson and Drew Running Hauaen: Presented a Certificates of Recognition to Drew Running and Matthew Anderson for their achievement of Eagle Scout and in their leadership contributions to the Prior Lake community. Proclamation Recognizing National Public Works Week Osmundson: Introduced his department and advised how pleased and proud he is to work with this staff every day. Also noted that May 16th - 22nd was National Public Works Week. Hauaen: Proclaimed Public Works Week and thanked the public works staff for their efforts every day. Concept Plan for the Lally Property (Tollefson Development) Todd Bodem (Tollefson Development): Advised the Council that there is a potential for the development to add a parcel from Friendship Church. The Church Board is meeting on the sale of the remnant tonight. If it worked, advised that he would then be coming forward with an amendment to the PUD and preliminary plat, assuming approval later tonight. Zieska: Commented that in concept, and without the benefit of further staff input and a specific application for development, it seemed appropriate. Pace: Advised that comments provided during the public forum are personal opinions of the Councilmembers based upon the concept, and should not be taken as absolute direction outside the normal public hearing process. Bodem: Confirmed that he understood and that the intention was to keep the Council apprised. OLD BUSINESS Consider Approval of the County Assessor's Report from the May 3, 2004 Board of Appeals and Equalization Hearing. BOYLES: Reviewed the agenda item in connection with the staff report. 4 City Council Meeting Minutes DRAFT May 17, 2004 BLOMBERG: Asked if all the properties were visited. NAGEL: Advised that all properties were visited with the exception of Jim Weninger, who we were unable to contact. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE COUNTY ASSESSOR'S REPORT FOR ALL 2005 PROPERTY VALUATIONS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving the 2005-2009 Capital Improvement Program TESCHNER: Reviewed the agenda item in connection with the staff report, and reviewed the major components of the program, including the City Hall / Police Station in 2006, Fire Station in 2005, 3 additional wells before 2009, and a water treatment facility in 2006. Transportation projects include CSAH 21, CSAH 12, CSAH 21 extension in 2007, reconstruction of Fish Point neighborhood, Grainwood neighborhood, and Martinson Island. Advised that the completion of the CIP includes $58 million in improvements over the next five years. It is very aggressive, but manageable. BLOMBERG: Commented that this is a very aggressive CIP in direct response to the expectations of our citizens and in response to the growth experienced in Prior Lake. PETERSEN: Also complimentary of the program. LEMAIR: Would like to see boat slips at Sand Point moved up to next year to be in line with the slips that are being installed at Watzl's Point this year. HAUGEN: Asked how many slips that is. OSMUNDSON: Commented that $30,000 is in the budget for this year. We hope to get 10 slips or less. Currently they are to be used for day use to access the beaches. LEMAIR: Did not believe the ultimate use has been defined. There has been past discussion about a lottery for the temporary use of the slips. ZIESKA: Asked staff if we can afford to move it ahead. TESCHNER: Confirmed. OSMUNDSON: Advised that the item will be brought to an upcoming Council meeting. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.88 APPROVING THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. HAUGEN: Complimented the Council on moving the satellite fire station ahead from 2008 to 2005 in order to address some negative service response times the Fire Department is experiencing. 5 City Council Meeting Minutes DRAFT May 17, 2004 Discussion of Downtown Reconstruction Project ZIESKA: Reviewed the discussion at the public forum and the concerns raised with the intersection layout at CSAH 21 and Main. Would like staff to review that trucks can access Main at CSAH 21 and that the common boat traffic can also be accommodated. HAUGEN: Commented that staff needs to address the issue, but that Main is not a preferred route for trucks. CSAH 21 will be redeveloped at some point so there should not be too much done at this point to reconfigure the intersection or jeopardize the pedestrian component of the new streetscape given that a final design for CSAH 21 is not completed. ALBRECHT: Clarified that the states fire standards require that a street width have a standard radius width of 46 feet. The minimum proposed at this time is 48 feet. So, fire trucks can make the turn and that Main Street is no different than many of the much narrower streets found throughout Prior Lake. Further discussed that the turning radius of the curve turning from CSAH 21 onto Main could be modified to better accommodate the boat and truck traffic, but that a change order would be necessary. Also advised that 2 large seat wall planters were included in the plan, but we decided to eliminate them because of their size and given that they would likely need to be removed with the reconstruction of CSAH 21. Lastly, advised that without the planter, the curb on Main next to the flower shop could be reduced by approximately 12 feet in order to accommodate a right-hand turn lane. ZIESKA: Not as concerned with the CSAH 21 / Main intersection because an alternative is accessible. Complimented staff on the catch with the planters. Would support the recommendation of staff. HAUGEN: Believed the alternatives proposed by staff are appropriate and make sense without taking away from the pedestrian friendly atmosphere the project is trying to accomplish. MOTION BY ZIESKA, SECOND BY LEMAIR TO PROCEED WITH THE CHANGES PROPOSED BY STAFF. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. NEW BUSINESS Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as R-1 and Approval of a Resolution Approving a Planned Unit Development Preliminary Plan and Approval of a Resolution Approving a Preliminary Plat to be Known as Heritage Landing. KIRCHOFF: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked for clarification as to the front yard setback variance. KIRCHOFF: Explained that the shorter front yard setback is an advantage for the sight in order to mitigate the impervious surface impacts upon the lake. The front yard setback can accommodate the stacking of 2 cars. SCOTT McMAHON (Tollefson Development): Advised that the front yard setback allows us to keep many of the mature trees along the lake side of the property. Also noted that the exterior color palate is pre-set and the 30 month build out is market driven. ZIESKA: Supported the front yard setback because the "high impact" area near the lake is being preserved. McMAHON: Explained that the grading limits are very tight and intended to preserve the lakeshore. 6 City Council Meeting Minutes DRAFT May 17, 2004 BLOMBERG: Asked the location of the park entrance from the development. OSMUNDSON: Explained that the staff will work with the developer to have a trail connection, but advised that the staff has identified a property adjacent to the proposed park in this development, that, in connection with this site, will provide a nice area for a neighborhood park with play equipment. There is also another FiN program site on Crystal Lake that we hope to add. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-20 AMENDING ZONING MAP TO DESIGNATE PROPERTY COMMONLY KNOWN AS THE LALLY PROPERTY AS R-1 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-89 APPROVING THE PRELIMINARY PUD PLAN FOR HERITAGE LANDING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-90 APPROVING THE PRELIMINARY PLAT FOR HERITAGE LANDING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. Consider Approval of a Report from the Traffic Safety Committee Regarding Parking Requests from Captain Jack's. MCCORMICK: Reviewed the agenda item in connection with the staff report. LeMair: Believed the recommendations were an appropriate compromise that helps the local business and not adversely impacts the surrounding neighborhood. Zieska: Asked about the removal of "No Parking" signs. McCormick: Clarified that the removal is a temporary fix until the CUP process can be completed, noting that if additional signage is approved it will identify seasonal parking (May 15 - Oct 15). Blombera: Advised that the people that make up the Traffic Safety Committee include a County staff person, a Councilmember, the City Public Works department, Engineering and Police Departments. Hauaen: Believes this is a good approach. Zieska: Advised he received an e-mail this afternoon complaining about the City expanding a commercial use in a residential area. Commented that this business has been in place for many, many years, longer than many of the homeowners have lived in the area. The City has as much responsibility to the business and its customers as it does the homeowners in the area. The equivalent is people that purchase homes next to the airport and then complain about the noise. MOTION BY PETERSEN, SECOND BY LEMAIR, TO DIRECT STAFF TO PREPARE A RESOLUTION CLARIFYING THE ISSUES ASSOCIATED WITH THE RECOMMENDATIONS OF THE TRAFFIC SAFETY COMMITTEE REGARING PARKING IN THE AREA OF CAPTAIN JACK'S AND INITIATING THE CONDITIONAL USE PROCESS AND THE TEMPORARY RECOMMENDATIONS. 7 City Council Meeting Minutes DRAFT May 17, 2004 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Authorizing the Payment of Facade Improvement Funding to Lanford Adler for Extra Innings. RYE: Reviewed the agenda item in connection with the staff report. Blombera: Asked if any interior improvements are proposed. Lani Adler (Extra Innings): Commented that he is slowly beginning interior improvements. Matt Krause: Clarified the improvements proposed. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-91 AUTHORIZING FACADE IMPROVEMENT FUNDS FOR EXTRA INNINGS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of 2003 Annual Financial Report and Management Letter. STEVE McDoNALD (Abdo, Eick & Meyers): Reviewed the agenda item in connection with the staff report. HAUGEN: Asked if we go back to the $1.3 million CIP expenditures in 2005-2006, asked if with the maturity date of past bond service, there is a degree of continuity as some debt is removed and others come into play. TESCHNER: Advised that it takes some calculation, but the 10-year step does take those old bonds to new bonds into consideration. Also commented that the decrease in the fund balance of $800,000, happened because the Council transferred $1 million from the General Fund to the Building Fund and shows up in this financial report even though it was in response to a large revenue-over-expenditures excess. The Council could consider taking similar action tonight. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE 2003 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY ZIESKA, TO DIRECT STAFF TO PREPARE A RESOLUTION TO TRANSFER $248,781 TO THE BUILDING CONSTRUCTION FUND FROM THE GENERAL FUND BALANCE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Acquisition of One Replacement Skid Steer Loader Under the State of Minnesota Cooperative Purchasing Agreement. Osmundson: Reviewed the agenda item in connection with the staff report. 8 City Council Meeting Minutes DRAFT May 17, 2004 MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 04-92 AUTHORIZING THE ACQUISITION OF ONE REPLACEMENT SKID STEER LOADER UNDER THE STATE COOPERATIVE PURCHASING PLAN IN AN AMOUNT NOT TO EXCEED $25,914.65. Zieska: Commented that due to the wisdom of the State Legislature, the City must pay state sales tax on its equipment purchase, in this case, $1600. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Purchase of One ~- Ton 4x4 Pickup Truck and Appurtenant Equipment for the Fire Department. Bovles: Reviewed the agenda item in connection with the staff report. BLOMBERG: Asked what a grass rig is. BOYLES: Explained that pickups can be equipped with slide-in pumps and tanks so that they are able to respond to grass fire in areas where a larger fire truck might not be able to access. BLOMBERG: Asked how vehicles are disposed of. Suggested that the vehicles can be donated for teaching kids to work on cars. BOYLES: Advised that the vehicles are typically sold at auction or by quote depending upon value. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-93 AUTHORIZING THE PURCHASE OF ONE ~- TON 4x4 PICKUP TRUCK AND APPURTENANT EQUIPMENT FOR THE FIRE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $29,699. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS MOTION BY ZIESKA, SECOND BY BLOMBERG, TO AMEND THE AGENDA TO ADD AN EXECUTIVE SESSION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Executive Session The Council adjourned to Executive Session to discuss Pending litigation with Ryan Contracting concerning a gravel mining conditional use permit. Upon returning from Executive Session, no formal action was required. With no other comments from Councilmembers, a motion to adjourn was made and sec nded. The meeting adjourned at 10:30pm. Frank Boyles, City Manager 9