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16200 Eagle &e~~lt~~~ H>UNCIL MEETING AGENDA
Prior Lake, MN 55372-1714
NOVEMBER 1, 2004
7:00pm
Fire Station No.1
1. CALL TQ ORDERandP,LEDGE OF ALLEGIANCE: 7:00 p.m.
2. P,UBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address
ooncems to the City Council. The Public Forum will be no longer than 30 minutes in length. Item to
be con s part of the Council ular da may not be addr&ssed at the Public
To . fe also r&strict emmental toplos r&the r
a ncil will not take al action on issues pr&sente F
3. AP,PROVAL OF ,<\GENDA:
4. CONSIDER APPROVAL OF OCTOBER 18, 2003 MEETING MINUTES:
5. CONSENT AGENDA: Those items on the Council Agenda whioh are oonsidered routine and non
- eluded as part of the Consent Agenda. Unless the Mayor, a Councilmember, or
'f! ests that an item on the Consent Agenda be removed and
d sep nsent Agenda are considered under one motion, seoond and
a Any item removed from the "Consent Agenda" shall be placed on the City Counoil
Agenda as a separate category.
A) Consider Approval of Invoices to be Paid.
B) Consider Approval of an Amendment to the 2004 Official Fee Schedule Relating to Body Art.
C) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a
Standard Development Agreement for The Preserve at the Wilds.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A)
8.
PAa~N1f,l\TII!JN$F
A) Proclamation for Youth Appreciation Week for the 2nd Week in November.
B) Presentation to Retiring Advisory Body Members: (1) Margi Atwood, Planning Commission; (2) Lori
Helgestad, Parks Advisory.
C) Presentation by City Council to Jeanette White Dedicating an Overlook in Lakefront Park in Memory
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Phone 952.447.4230 / Fax 952.447.4245
of Gene White.
9. 1MI.1ll!!BI!ISINESS!. .
A) Consider Approval of a Resolution Canceling a Standard Professional Services Contract with WSB &
Associates, and Executing a Standard Professional Services contract for the Portable Water System
Comprehensive Plan Update with Engineering Resources Incorporated (ERI).
10.
A} Consider Approval of a Report Recommending Selection of an Architect for the Police Station/City
Hall Building and Authorizing Execution of the City's Standardized Contract.
B) Consider Approval of a Recommendation from the City Council Compensation Committee Regarding
Per Diem for Planning Commission Members.
11. OTHER'BUSINESSfGOUNelbMEMBER REPORTS:
12. ADJOURNMENT
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
October 18, 2004
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City
Attomey Pace, Public Works Director Osmundson, Planning Director Kansier, Community Development Director Sullivan,
Planning Coordinator Moore, Communications Coordinator Oster, and Assistant to the City Manager 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.
No persons were present to address the Council.
APPROVAL OF AGENDA:
Bovles: Requested adding a presentation to review the Downtown Grand Re-Opening festivities as Item 8B, and as Item
11A an Executive Session to discuss pending litigation.
MOTION BY ZIESKA, SECOND BY LEMAIR, 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 BLOMBERG, TO APPROVE THE OCTOBER 4, 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 3m Quarter and September Building Permit Reports.
(D) Consider Approval of Animal Control Report.
(E) Consider Approval of Resolution 04-156 Approving the Common Interest Community Number 1111 (Jeffers South
Condominium) Third Supplemental CIC Plat.
(F) Consider Approval of 2004 Third Quarter Budget Report.
(G) Consider Approval of 2004 Third Quarter Investment Report.
(H) Consider Approval of a Certificate of Plat Correction for Wensmann Fourth Addition.
(I) Consider Approval of a Cooperative Agreement Between the City of Prior Lake and Scott County to Authorize the
Sheriff to Issue Permits to Carry Firearms.
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City Council Meeting Minutes
October 18, 2004
(J) Consider Approval of a Second Amendment to the Mutual Aid Pact Agreement for Police Services with Scott County
and Other Scott County Communities.
(K) Consider Approval of a Joint and Cooperative Agreement Between the Cities of Prior Lake, Savage and Shakopee for
the Use of Police Personnel and Equipment for the Tri-City Tactical Team.
(L) Consider Approval of Resolution 04-157 Approving an Amendment to the Wetland Replacement Plan for the Deerfield
Industrial Park.
(M) Consider Approval of Resolution 04-158 to Acquire an Easement form Cyrus Schweich and Kathleen Spielman for
Utility Purposes.
(N) Consider Approval of Fire Call Report for September 2004 and Third Quarter 2004.
Bovles: Reviewed the Consent Agenda items proposed.
MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS:
Consider Approval of a Business Subsidy Policy
Sullivan: Reviewed the agenda item in connection with the staff report.
Mayor Haugen declared the public hearing open.
No persons were present to address the Council as part of this public hearing.
Bovles: Advised that this is the second public hearing conducted on this matter. Also, advised that the City Attorney has
spent a great deal of time constructing the policy, and the Economic Development Authority discussed this item in a work
session.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Blombera: Believed the Business Subsidy Policy is a great tool to bring additional business into Prior Lake.
All Council members agreed.
Hauaen: Believed the policy is directly responsive to the goals of the City's 2020 Vision and Strategic Plan.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO ADOPT BUSINESS SUBSIDY POLICY AS SUBMITTED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
PRESENTATIONS:
Jeffer's Pond Concept Plan.
Bovles: Introduced Kelly Murray and the Wensmann staff who will present the concept for the new development. Indicated
that this is an opportunity for Councilmembers to become more familiar with the development concept and that comments
are individual opinions.
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City Council Meeting Minutes
October 18, 2004
Herb Wensmann (develope~: Advised how excited he is about participating in this effort to bring a project of this type into
the northwest corner of the City.
Murray: Reviewed the project concept, including the park land dedication, noting that neighborhood meetings to garner
feedback on the concept plan will be conducted in the next several months.
~ Wensmann: Reviewed the housing zones and types proposed for the development, including single-family,
town homes, detached townhomes, row style town homes, and senior condominiums in multi-family buildings.
Murray: Pointed out that the number of residential units total 582 units, with an additional 180 units within the commercial
component. The original density contempiated was 952 units. Further discussed the commercial area within the
development that will include three-story office and professional buildings, restaurant and retail uses, fire station and
possible transit station. Explained the pedestrian-friendly plaza area concept for the commercial area and the idea of
creating a community gathering piace.
LeMair: Asked the timeline.
Murray: Adyised that grading on the site is scheduled to begin next year, with a three phase build-out for residential.
Commercial will be largely driven by the market.
LeMair: Asked if the entire residential area is a Wensmann project.
Murray: Advised that there is one other builder (Jim Deanovic) who owns several lots. The project is primarily a Wensmann
project.
LeMair: Commented that the plan is beautiful but aggressive. Asked where the market is for the commercial uses.
Murray: Believed that the commercial uses will be destination type uses and will draw users from a larger geographic area.
This concept is much different than anything currently available within the City.
Zieska: Excited about the project, especially given the uniqueness of the property. Encouraged the developer to expand
upon what the property already offers. Also encouraged the use of new technologies such as Ecopavers to mitigate the
impacts upon the natural areas.
Petersen: Complimented Wensmann on the scope of their concept for the project. Asked if the project seeks any economic
development assistance.
Murray: Not at this time.
BlomberQ: Very encouraged by the gateway concept, preservation of the wetland, open space and trails. Pleased to see
the lower density, and liked the family-friendly atmosphere of the commercial development.
Murray: Repeated that the notice area is targeted for anyone within 600 feet of the project because that is the Watershed
requirement.
Hauaen: Pointed out several key points - (1) a great example of partnerships the encompasses the school, fire department,
City, and developer; (2) liked the diversity of housing types: (3) supportive of the emphasis on preservation of trails and
open space.
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City Council Meeting Minutes
October 18, 2004
Murray: Commented that there will be protections put in place so that the natural areas of the project stay accessible to
both the property owners in the area and the general public.
Wensmann: Believed there is a need for upscale restaurants and/or groceries, and that a family hotel is also needed for the
area.
Hauaen: Asked if the fire station parcel can accommodate an 8000 square foot fire station facility.
Murray: Believed that the site is appropriate and that the City staff has not indicated otherwise at this point.
Hauaen: Asked how the elementary school and nature center will tie into the site.
Murray: Advised that the Jeffer's Estate represented by Paul Oberg has taken a iead on this aspect of the project. There
will be some partnership between the school district and the City for park areas, as well as between the City and the estate
for the development of the nature center and on-going maintenance.
Hauaen: Thanked the Wensmann staff for the presentation.
Downtown Grand Re-Opening /n Review
Oster: Reviewed the activities of the day and the support and partnerships that made the Downtown reconstruction project
and the Grand Re-Opening celebration possible.
LeMair: Excited to see so much activity in the Downtown. He has lived in the community a long time and heard for a long
time how important it was to move a Downtown project forward.
Zieska: Commented that it was a very cold day, but the Downtown has really become a nice place that we can be proud of.
Petersen: Commented that it is nice to be proud of an area that has needed improvement for a long time.
OLD BUSINESS:
Consider Approval of an Amendment to the Zoning Map for Property Located East of the Deerfield Residential
Development South of County Road 21 and West of Revere Way.
Moore: Reviewed the agenda item in connection with the staff report.
MOTION BY LEMAIR, SECOND BY BLOMBERG, APPROVING ORDINANCE 04-30 TO AMEND THE ZONING MAP FOR
PROPERTY LOCATED EAST OF THE DEERFIELD RESIDENTIAL DEVELOPMENT SOUTH OF COUNTY ROAD 21 AND
WEST OF REVERE WAY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Tax Increment Financing Policy.
Sullivan: Reviewed the item in connection with the staff report.
Zieska: Asked why the policy proposes a limit at $30,000 per job created.
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City Council Meeting Minutes
October 18, 2004
Sullivan: Explained that the 2001 policy had a maximum contribution of $10,000 per job and is simply out-of-date. The
average for communities similar to Prior Lake is $30,000.
Zieska: Believed that the maximum can be even higher in order to bring more jobs to the community. There is still a
standard that is required in a 'but-for' test that provides the City protection. Suggested that the maximum be aggressive at
$50,000.
LeMair: Supported Council member Zieska's recommendation.
Haullen: Would support because a project would still need to be cost justified.
Blombera: Asked the rationale for the $50,000 figure.
Zieska: Commented that the average is $30,000, but Prior Lake is not an average community. Prior Lake is a leader and
should be aggressive in bringing in that business. Wanted to provide all the tools necessary.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE TAX INCREMENT FINANCING POLICY WITH THE
CHANGE TO $50,000 AS THE MAXIMUM VALUE PER JOB.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approva/ of an Ordinance Amending the Prior Lake City Code Relating to Hours of On-Sale Liquor Sales
and a Request from O'Mal/eys on Main to Authorize On-Sale Liquor Hours until 2am.
BOYLES: Reviewed the agenda item in connection with the staff report.
LeMair: Thanked Ms. Armit for her participation in facade improvement program in the Downtown area. Commented that
Ms. Armit was not initially in favor of extending the hours of on-sale liquor until 2am. Asked the circumstances that have
brought her to change her mind.
Shelbv Armlt (13952 Shoreside Circle, Savage, MN; owner 01 O'Malleys on Main): Commented that the impact on the
industry has been significant over the past year. Many businesses in neighboring communities are participating. Advised
that her customers who originally left at 11 :30pm or 12am to go to other communities that are open until 2am, are now
bypassing O'Malley's all together and going straight to the other establishments. Other business owners have indicated a
similar impact.
Petersen: Asked for clarification as to the impact on the industry.
Armit: Advised that early on, she did not know how many businesses or customers would take advantage of the 2am
opening. Now there are neighboring communities taking advantage of the 2am closing, and Prior Lake customers are going
to other establishments in those communities.
Hauaen: Asked what is the best solution.
Armit: Advised that she would like to stay open every night of the week, but mostly Wednesdays through Saturdays, as well
as holidays.
Haullen: Asked if the night before the holidays are more important than the holidays themselves.
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City Council Meeting Minutes
October 18, 2004
Armit: Confirmed.
Zieska: Asked for some clarification as to the hours of operation on Sundays.
Bovles: Believes that the hours are currently misstated in the proposed ordinance, and that modification would be made
before publication.
Zieska: Wanted to give businesses what they need to succeed. Would support a 2am opening every night.
Blomberll: Asked if the business needs to come before the Council at the time of application, even if the ordinance is
passed.
Bovles: Advised that once the ordinance is passed, those businesses with an on-sale liquor license must make an
application to the state. That state application must be signed off on by the municipal authority first.
Blomberll: Agreed with Council member Zieska.
Hauaen: Asked Police Chief O'Rourke to comment on the impact upon police service.
O'Rourke: Advised that 2 bars in Savage and 6 in Shakopee are open until 2am. His opinion has not changed. From a
police perspective, patrol change over takes place at 2am. From a staff perspective, believes the 2am bar closings may
create difficulties in coverage. Would agree with Council members Zieska and Blomberg that if the 2am closing is permitted,
that it be kept simple and be implemented every day.
Zieska: Asked from a practical perspective, how many additional DWls might there be with one more hour of drinking.
O'Rourke: Commented that there may not be a direct correlation, but in August 2005 there will likely be a lot of impact
when the legal limit goes to .08. The biggest impact is that the processing of offenders will take longer.
Cheryl Letsen (Extra Innings Saloon, representing Lani Ad/et}: Supported the 2am closing because many of their
customers are either leaving early, or bypassing the establishment all together to attend places that are open until2am.
Petersen: Asked if there is merit to allowing the 2am closing only in the Downtown area.
LeMair: Believed from a practical standpoint, being open to 2am can't be distinguished between districts. Wanted to provide
business all that we can if the market bears it.
Petersen: Concemed about allowing 2am opening in residential districts.
Zieska: Commented that the Captain Jacks ownership will need to continue to work with the neighborhood in which it is
located. Did not believe it appropriate in this instance relating to a specific existing bar to apply different rules to different
areas within the community.
Hauaen: Commented that from a personal perspective did not support the 2am closing. But, since Prior Lake businesses
are at a disadvantage when compared with our neighbors, believed it necessary to afford them the same opportunities.
Agreed that the regulations should be simple.
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City Council Meeting Minutes
October 18, 2004
MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-29 AMENDING THE CITY CODE
RELATING TO HOURS OF ON-SALE LIQUOR SALES AND A REQUEST FROM O'MALLEYS ON MAIN TO AUTHORIZE
ON-SALE LIQUOR HOURS UNTIL 2AM EVERY DAY.
VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried.
Hauaen: Asked the Police Chief to re-appear in six months to follow up on the impacts, if any, on the service provided by
the Police Department.
Consider Approval of Reso/utions Related to Deerfield Industrial Park Third Addition: (1) Approving Preliminary
Plat, and (2) Approving Final Plat and Authorizing the Mayor and City Manager to Execute the City's Standard
Development Contract
Moore: Reviewed the agenda item in connection with the staff report.
Blombera: Asked the rationale for changing the name of Industrial Lane.
Moore: The Planning Commission believed that it was redundant and caused confusion.
Zieska: Asked where the current Industrial Circle is located.
Moore: Across CSAH 21.
Zieska: Supported changing the name.
LeMair: Supported.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-159 APPROVING PRELIMINARY PLAT
FOR DEERFIELD INDUSTRIAL PARK THIRD ADDITION.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY LEMAIR, SECOND BY ZIESKA, APPROVING RESOLUTION 04-160 APPROVING FINAL PLAT AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD DEVELOPMENT
CONTRACT.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Annual Appointments to Advisory Committees to Fill Vacancies.
Bovles: Reviewed the agenda item in connection with the staff report.
LeMair: Commented that the Park Advisory Committee applicants were excellent and each brought a different perspective
as to recreation in Prior Lake. With the recommendation that all three applicants be appointed, believed this is a "win-win"
for the community.
Zieska: Complimented Pat McFadden on what he has brought to the Parks Advisory Committee and his commitment to the
community.
Blombera: Shared that the Planning Commission also had four excellent applicants wanting to contribute to their Prior Lake
community. There was a lot of concem for positions that do not always get a lot of recognition.
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City Council Meeting Minutes
October 18, 2004
MOTION BY ZIESKA, SECOND BY LEMAIR, TO AMEND THE PARKS ADVISORY COMMITTEE BYLAWS AS
PROPOSED BY STAFF.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE APPOINTMENTS TO THE PARK ADVISORY
COMMITTEE AND THE PLANNING COMMISSION AS PROPOSED.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing Execution of 2005-2007 Labor Agreement between AFSCME and the
City of Prior Lake.
Bovles: Reviewed the item in connection with the staff report.
LeMair: Believes this is a fair agreement and the process has been smooth. Supported.
MOTION BY PETERSEN, SECOND BY LEMAIR,TO APPROVE RESOLUTION 04.161 AUTHORIZING EXECUTION OF
2005-2007 LABOR AGREEMENT BETWEEN AFSCME AND THE CITY OF PRIOR LAKE.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Joint Resolutions for Annexation (1) 148.Acre Theis Property, and (2) 100-Acre Marschall
Property.
Kansier: Reviewed the agenda item in connection with the staff report.
Blomberll: Believed the annexation important because it permits the City to regulate the impacts upon the Campbell Lake
shoreland area.
Zieska: Pleased to see a larger development versus a series of 10-acre developments.
LeMair: Also supported.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04.162 FOR JOINT ANNEXATION OF THE
148-ACRE THEIS PROPERTY.
VOTE: Ayes Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-163 FOR JOINT ANNEXATION OF THE
100-ACRE MARSCHALL PROPERTY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Executive Session to Discuss Pending Litigation
The City Council adjourned to Executive Session at 9:20pm to discuss pending litigation concerning the Ryan Contracting
Conditional Use Permit for Mining.
The Council re-convened at 10pm restating the purpose of the Executive Session and reporting that no formal action was
required.
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Frank Boyles, City Manager
City Council Meeting Minutes
October 18, 2004
With no other comments from Council members, a motion to adjourn
10:00pm.
seconded. The meeting adjoumed at
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