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REGULAR COUNCIL MEETING AGENDA
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
JUNE 21, 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.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF JUNE 7, 2004 MEETING MINUTES:
5. CONSEIT.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 asa 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.
F) Consider Approval of Refuse Hauler Permit Renewals for 2004-2005.
G) Consider Approval of a Resolution Approving 2004-2005 Liquor License Renewals.
H) Consider Approval of a Resolution Approving the Final Plat and Authorizing Execution of
the City's Standard Development Contract for Sterling South 2nd Addition.
I) Consider Approval of a Recommended Name for the Erie Avenue Rain Garden Park from
the Naming Committee.
J) Consider Approval of a Resolution Amending the Legal Descriptions for the Orderly
Annexation Agreement between the City of Prior Lake and Spring Lake Township.
K) Consider Approval of a Temporary License Premise Extension for Fong's Chinese
Cuisine.
062104 www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
L) Consider Approval of Massage Therapy Licenses for:
(1) Chrystal Rae Pabst
(2) Parpriorn Chakkapark
(3) Abigail Mastin
6. ITEMS REMOVED FROM CONSENT AGENDA:
7.
A) Public Hearing to Consider Approving of a Resolution Vacating the Drainage and Utility Easements
Located on Outlot 0, The Wilds, and on Lot 89, Block 1, Sterling South at the Wilds.
8.
A) Presentation of Prior Lake Rotary Club Donation to the Erie Avenue Rain Garden Park Project.
9. OIDBISIIES.S::
A) Consider Approval of a Resolution Approving Change Orders Nos. 1 and 2 for the Ring Road Phase
3/ Five Hawks / CSAH 23/ TH13 Intersection Improvement Project (City Project 02-05).
B) Consider Approval of a Resolution Approving Changer Order No. 1 for the Downtown Street
Reconstruction Project (City Project 04-01).
C) Consider Approval of a Resolution Accepting Quotes and Authorizing the Mayor and City Manager to
Execute a Standard Contract for Phase 1 Downtown Street Reconstruction Electrical Service
Connections (City Project 04-01).
10.
A)
NIW.....II.SI.NESS::
Consider Approval of a Resolution Authorizing Funding from the Collector Street Fund for the
Purchase of Amenities for the Erie Avenue Rain Garden Project.
B) Consider Approval of a Resolution Authorizing Funding from the Contingency Fund for the Purchase
of Amenities for the Downtown Streetscape.
C) Consider Approval of a Resolution to Approve the Vulnerability Assessment Report for the City's
Water System.
D) Consider Approval of a Motion to Direct the Naming Committee to Evaluate and Make Appropriate
Revisions to the Naming Policy.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
062104
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
June 7,2004
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.
Dave Chromv (Grocery Store in Prior Lake): Announced that he will take the opportunity to open a new 35000 sq. ft.
grocery store in the old Priordale Mall facility that is being extensively remodeled. The store will be named Village Market.
Also reviewed the layout of the proposed new facility. Believed there is a lot of potential for the project given the opening of
the new postal facility, and completion of the Ring Road.
LeMair: Asked the type of grocery store.
Chromv: Explained that he recognizes that corporate grocery stores are often cookie cutter facilities. He believes Prior
Lake deserves a local ownership responding to local community needs - a grocery store particular to Prior Lake. There will
be a focus on convenience and customer service.
Petersen: Believes this will be very responsive to community needs.
Zieska: Also very excited about the project.
Blombera: Asked the store hours. Also suggested that the aisles be wide enough to accommodate the shopping cart with
room to pass.
Chromv: Advised that the store will not be open 24 hours. The other issues have already been addressed. Also noted that
the store is targeted for opening in October 2004.
Hauaen: Wished Mr. Chromy luck and congratulated him on his new venture.
Chromv: Thanked the City and its staff for all their help along the way.
APPROVAL OF AGENDA:
LeMair: Requested adding a report on the Local Laker Link as Item 11A.
Hauaen: Requested adding a report regarding Memorial Day activities.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
June 7, 2004
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 PETERSEN, SECOND BY LEMAIR, TO APPROVE THE MAY 17, 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 Resolution 04-94 Authorizing the Removal of No Parking Signs on Green Heights Trail and Dutch
Avenue.
(C) Consider Approval of Resolution 04-95 Approving a Wetland Replacement Plan for Deerfield Industrial Park (City
Project 03-40)
(D) Consider Approval of Resolution 04-96 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 a Massage Therapy License for Rita Ann Marie Goggins.
(G) Consider Approval of Refuse Hauler Permit for Evergreen Sanitation.
(H) Consider Approval of Ordinance 04-21 Amending the Prior Lake City Code Section 106.500 Regarding the City
Manager's Purchasing Authority.
(I) Consider Approval of Resolution 04-97 Approving an Encroachment Agreement for the Installation of a Fence in a
Sanitary Sewer Easement.
Bovles: Reviewed the items contained on the consent agenda.
Zieska: Requested removal of Item B (Consider Approval of Resolution 04-94 Authorizing the Removal of No Parking Signs
on Green Heights Trail and Dutch Avenue).
MOTION BY BLOMBERG, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of a Resolution Authorizing the Removal of No Parking Signs on Green Heights Trail and Dutch
A venue.
Zieska: Explained that this action is a temporary measure until such time as the conditional use permit process is
completed by the Captain Jack's ownership. Believed that a restaurant on the lake is important, and that Captain Jack's is a
long-standing establishment in our community. It is no question that it is a difficult balancing act. The removal of the No
Parking signs is basically along vacant property. The Council believes that this is a reasonable step, and we are hoping for
results that will be different from those in the past. Additionally, one of the rationale for using the conditional use permit
process is that it provides a process for public comment.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-94 AUTHORIZING THE REMOVAL OF
NO PARKING SIGNS ON GREEN HEIGHTS TRAIL AND DULUTH AVENEUE.
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June 7, 2004
leMair: Commented that the Council is trying to create a win-win for both the neighborhood and the restaurant. Similarly, in
the past, the Council took action to limit the hours of operation of the business.
Petersen: Advised that the Traffic Safety Committee looked and looked and looked at this issue. We believe this is a
reasonable step to try.
Blombera: Also advised that the Traffic Safety Committee strove to make the access to this restaurant and the
neighborhood as safe as possible, which from her perspective, is a very important aspect.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
PUBLIC HEARINGS: NONE.
PRESENTATIONS:
Recognition of Retiring Planning Director Don Rye (Mayor Haugen)
Bovles: Commented that Planning Director Don Rye will be retiring after 32 years of public service to communities such as
St. Louis Park and Prior Lake. Further complimented Don's efforts to update the Prior Lake zoning and subdivision zone.
Thanked Don for his efforts to the Prior Lake community over the past 10 years.
Hauaen: Commented on the importance of public service to our communities, and the thick-skin it often takes in a job that
doesn't always pay a great many accolades. Presented Don with a congratulatory plaque.
Rve: Commented on great personnel he's had the opportunity to work with at Prior Lake.
OLD BUSINESS
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.
KANSIER: Reviewed the agenda item in connection with the staff report.
Blombera: Asked if the applicant responded to how many pieces of equipment were on the site.
Kansier: Advised that she spoke to the applicant and his feeling was that he already had the permission to operate as he
currently does. Otherwise, there was no response.
Blombera: Advised that the test track is for the demo of new vehicles, not a go cart track. Also advised that the Planning
Commission came to the conclusion of eight vehicles for outdoor display because there was not objection or comment from
the applicant.
Petersen: Commented that this appears to be a class operation. Believed the changes were appropriate.
Zieska: Agreed. Suggested that the resolution be specific to hours of operation from 9am to 9pm.
LeMair: Agreed with the comments of his colleagues.
Hauaen: Suggested that the area for outdoor display be amended to extend from the face of the building to TH13.
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City Council Meeting Minutes
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Kansier: Suggested that condition #23 on page 5 of the proposed resolution attach the site plan as an exhibit, and that
condition #30 include the 9am to 9pm distinction.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-98 AMENDING THE CONDITIONAL USE
PERMIT FOR DIGGERS POLARIS RELATING TO OUTDOOR DISPLAY AS AMENDED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-99 AMENDING THE CONDITIONAL
USE PERMIT FOR DIGGERS POLARIS RELATING TO OUTDOOR TEST TRACKS.
Zieska: Suggested that condition #5 on the proposed resolution also be specific as to 9am to 9pm for hours of operation.
Motion and Second accepted the amendment.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Accepting the Minnesota Department of Natural Resources Shoreland Habitat
Grant for the Restoration of Shoreland at Sand Point Beach.
FRIEDGES: Reviewed the agenda item in connection with the staff report.
LeMair: Believed this was a valuable project and appreciated the cooperation of the DNR.
Zieska: In favor of the project. Commented that it would be worthwhile to see a total of how much grant money the City has
received over the past year.
Petersen: Commented on the need for the project and the number of parties interested in preserving our natural elements.
Blombera: Asked if Sentencing to Serve can be utilized to complete the project.
Friedaes: Advised that there are projects lined up for the STS program, but on this project there are a lot of volunteers
already. Also credited Makenzie McCormick for successfully writing the grant application.
MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-100 ACCEPTING THE MN DNR
SHORELAND HABITAT GRANT FOR THE RESTORATION OF SHORELAND AT SAND POINT BEACH.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Authorizing the Payment of Facade Improvement Funds to O'Malley's On Main.
RYE: Reviewed the agenda item in connection with the staff report.
LeMair: Commented on the success of the program. Believed the plan is a great improvement to the existing facility.
Zieska: As happy as he is to receive grant money, he is also very happy to give it out in this manner.
Blombera: Asked what an airlock is.
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City Council Meeting Minutes
June 7,2004
Rve: Explained that it is a double door entry that helps in the heating / cooling costs of the building.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-101 AUTHORIZING THE PAYMENT OF
FACADE IMPROVEMENT FUNDS TO O'MALLEYS ON MAIN.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of an Amendment of the Prior Lake Zoning Map to Zone Approximately 36 Acres R-1 (Low
Density Residential) Located on the East Side of CSAH 17 and Approximately yz Mile North of County Road 12
(Case #04-61)
KANSIER: Reviewed the agenda item in connection with the staff report.
Blombera: Believed the R-1 is consistent with other annexed areas and appropriate for the property at this time. Supported
the recommendation.
Petersen: Asked the timing of development.
Kansier: Advised that the Stemmer property is proceeding with its development. That property needs to be developed
before this property because of the extension of sewer and water service through the Stemmer property.
Hauaen: Asked when this property was scheduled for annexation under the orderly annexation agreement.
Kansier: Explained that this property was targeted for 2004 annexation, but was petitioned for annexation prior to 2004.
That is why it is necessary to designate the zoning outside the Council action taken for the other 2004 annexation areas.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE ORDINANCE 04-22 AMENDING THE PRIOR LAKE
ZONING MAP TO REZONE APPROXIMATELY 36 ACRES LOCATED ON THE EAST SIDE OF CSAH 17 AND
APPROXIMATELY % MILE NORTH OF COUNTY ROAD 12 TO R-1 LOW DENSITY RESIDENTIAL.
Hauaen: Commented that the R-1 - Low Density Residential designation is this Council's initiative to bring land into the City
at the lowest possible level of potential development.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing the Installation of No Parking with Trailer Signs along Willow Beach
Trail, Willow Beach Street, Bay A venue and Basswood Circle.
MCCORMICK: Reviewed the agenda item in connection with the staff report, explaining the recommendation to install No
Parking with Trailers along one side of the street, and No Parking signs along the opposite side. Also noted a revised
resolution.
LeMair: Commented that he understood why lakeside homeowners do not want vehicles with trailers parking along their
streets, but is also concerned about non-lake access residents having the opportunity to get onto the lake. Suggested
continuing to look for alternative parking solutions. Would support this motion.
Zieska: Asked about Basswood Circle east of Elm Avenue.
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City Council Meeting Minutes
June 7,2004
McCormick: Advised that the homeowners association that brought the application to the TSC were all west of Elm
Avenue.
Zieska: Suggested limiting parking all along Basswood Circle. Commented that the Council needs to look again at the 2500
foot limit.
Petersen: Commented that in the Dewitt Access area where he lives, it is often difficult to get home because of the vehicles
parking with boat trailers. Believed the No Parking was appropriate.
Blombero: Commented that the TSC approaches these types of requests from primarily a safety perspective. In this case,
with cars parked on both sides of the street, there was barely enough room for one car to pass.
Hauoen: Commented that safety was a key factor in establishing the TSC to address these types of issues particularly on
the narrow streets that surround the lake.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-102 AUTHORIZING THE
INSTALLATION OF NO PARKING WITH TRAILER SIGNS ALONG WILLOW BEACH TRAIL, WILLOW BEACH STREET,
BAY AVENUE AND ALL OF BASSWOOD CIRCLE.
LeMair: Commented that while Lakefront Park is primarily for recreation and play activities, he used it as an example of
possible solutions to the lake access and parking for vehicles with trailers issues that he believes the City needs to pursue.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing the Agreement for Joint Assessment between the City of Prior Lake
and Scott County.
BOYLES: Reviewed the agenda item in connection with the staff report.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-103 AUTHORIZING THE AGREEMENT
FOR JOINT ASSESSMENT BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Report on Local Laker Link Circulator Route
LeMair: Discussed the Local Laker Link bus circulator route that is available during the summer. Encouraged everyone to
try it out.
Report on Memorial Day Activities in Prior Lake
Hauoen: Complimented and thanked the VFW and Ladies Auxiliary on the parade and ceremonies for Memorial Day. Also
noted that the flags in Prior Lake will fly at half staff all month in honor of the passing of former President Reagan.
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City Council Meeting Minutes
June 7,2004
With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjourned at
8:30pm.
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