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16200 Eagle ~~.!t~~~fpUNCIL MEETING AGENDA
Prior Lake, MN 55372-1714
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I TUES., JANUARY 18, 2005 I
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www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
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Consider Approval of Fire Call Monthly Report for December 2004, 3rd Quarter 2004, and
for Year-End 2004.
OM.OONSENlAGENDA:
2005 Public Improvement Project
Vacation of Drainage and Utility Easement at 3470 Sycamore Trail SW (Mader)
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2005 Parks Advisory Committee Objectives (Mike Feriancek)
2005 Lake Advisory Committee Objectives (Dan O'Keefe)
Consider Approval of a Resolution Identifying the Site for the Police Station I City Hall Facilities.
Consider Approval of a Letter with Recommendations Regarding the Scott County Highway
Transportation Improvement Program Final Draft - 2005-2012.
Consider Approval of a Resolution Authorizing an Increase Payment of Downtown Facade
Improvement Funds for Dehmlow Auto Sales.
Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as the Jeffers
Pond PUD and a Resolution Approving the Preliminary Plat to be Known as Jeffers Pond.
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A) Consider Approval of a Resolution Approving (A) Development Related Trunk Sanitary Sewer, Storm
Water and Street Oversizing Fees, and (B) Approving Park Dedication Fees.
B) Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and
Spring Lake Township Pursuant to Minnesota Statute 414.0325 Annexing 34.77 Acres West of
CSAH 17, North of 165th Street NE, and Commonly Known as the Berens Property.
12. OTHER BUSINESS/CaUNCJlMEMBER REPORTS.
13. ADJOUINMENT
011805
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
January 3, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Petersen, Zieska and LeMair, City Manager Boyles, City Attomey Pace,
Public Works Director Osmundson, Finance Director Teschner, Planning Director Kansier, City Engineer Albrecht, Assistant
City Engineer Poppler, Park Supervisor AI Friedges, 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.
Ron Ceminskv: Began to comment on the status of the Kop property.
Mavor Hauaen: Advised that the Kop property site was part of the agenda under Presentations, so it was not appropriate to
accept Mr. Ceminsky's comments at this time. However, advised Mr. Ceminsky that he should attend the January 10, 2005
Informational Meeting at Lakefront Plaza Community Room at 6:30pm to formally comment.
APPROVAL OF AGENDA:
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE DECEMBER 20, 2004 REGULAR MEETING
MINUTES AS SUBMITTED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid
(B) Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution of the Standard Development
Contract for the Plat to be known as Wilds North 4th Addition.
(C) Consider Approval of Resolution 05-01 Authorizing the Purchase of Lift Station Equipment for the Spring Lake Circle
and Raymond Avenue Lift Stations in Spring Lake Township.
(D) Consider Approval of Resolution 05-02 Receiving and Rejecting All Bids for Construction of Concession / Restroom
Building Addition and Remodeling at The Ponds Athletic Complex.
Bovles: Reviewed the Consent Agenda items proposed.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
January 3, 2005
Zieska: Requested removing Item 5B (Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution
of the Standard Development Contract for the Plat to be known as Wilds North 4th Addition).
MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF
ITEM 5B.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
5B - Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution of the Standard
Development Contract for the Plat to be known as Wilds North 4th Addition.
Zieska: Advised that part of this agenda item considers approval of a sale of property to Quick Trip, Inc. which is his
employer. Advised that it is appropriate for him to abstain from the vote.
Pace: Advised that the form of Development Contract included under this item is a modified version of the City Standard
Contract, and advised the Council of the rationale for the amendments.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 05-03 APPROVING A FINAL PLAT AND
AUTHORIZING EXECUTION OF THE STANDARD DEVELOPMENT CONTRACT FOR THE PLAT TO BE KNOWN AS
WILDS NORTH 4TH ADDITION.
VOTE: Ayes by Haugen, Petersen, and LeMair, the motion carried. Council member Zieska abstained.
PUBLIC HEARINGS: NONE
PRESENTATIONS:
Proposal to Conduct Resident Survey by Decision Resources (Dr. Bill Morris)
Bovles: Reviewed the agenda item in connection with the staff report.
Dr. Bill Morris: Advised that his company has been in business since 1983 working with cities, including Savage, Bumsville
and Shakopee. Survey topics typically include long-range goals as well as short-term issues, development, and
commercial needs. He is also often involved in strategic planning. In the case of Prior Lake, a survey will also be valuable
to compare data with the previous study. Further discussed the details of conducting the telephone study and random
sampling of 400 residents. Discussed the types of questions that would lead to the values and important issues of the
community. Also discussed the process for developing questions and how those questions should be constructed.
LeMair: Asked if questionnaires are ever developed that are specific to a demographic, such as business owners, or youth,
or people who have used building inspection services.
Morris: Advised that that type of survey has not been conducted in this community, but there is that capability.
Bovles: Clarified that the proposed resolution assumes 140 questions although that may change as the process of
developing questions begins, in an amount not to exceed $18,300. Believed this is a valuable tool to obtain systematic,
unbiased information.
Petersen: Asked the non-response rate.
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City Council Meeting Minutes
January 3, 2005
Bill Morris: Commented that the census has a non-response rate of 10%. People tend to want to talk about their local
government, and non-response rates are at about 5%. Further gave examples of open-ended and closed-ended questions.
Zieska: Believed it important to update the data.
Hauaen: Asked about the timing of the project.
Morris: Believed that if a survey is drafted and into the field by the end of January, the data would be available for use early
in March.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 05-05 AUTHORIZING ADMINISTRATION OF
A RESIDENT SURVEY AS PART OF THE PROCESS FOR UPDATING THE 2020 VISION AND STRATEGIC PLAN.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
LeMair: Suggested a work session would be appropriate in order to discuss each of the questions.
Hauaen: Believed the 2020 Vision and its nine Vision Elements should be the framework of the questions.
Draft Site Selection Study by Wold Architects (Michael Cox)
O'Rourke: Provided a history of the site selection process to date and introduced architect Michael Cox.
Michael Cox: Discussed the process, methodology and individual sites, including the existing City Hall site, 2+ acre
property north of Dakota Street, the Kop farm site, and the Klingberg/Staber site along CSAH 21.
LeMair: Commented that there is definitely a need for the Council to review some of information. Also wanted to get input
from the community at the next informational meeting on January 10th.
Zieska: Championed the need for a new City Hall, but wanted to do this correctly. Added that the Council had previously
identified a site, but they are not the experts. Appreciated the information provided. Also commented that he does not
believe the Kop site is the appropriate site anymore.
Petersen: Advised that by the numbers the Klingberg/Staber site and the Kop site don't work. He'd like to take them off the
list altogether.
Hauaen: Advised that nearly two years ago, the Kop site was identified as the best site. Last spring, the Council indicated
some hesitation that the Kop site was the best site because of some feedback from the community about the need for a
community center, or water park, or some other recreational use. Agreed with Council member Petersen that the Kop site
should be removed from consideration.
MOTION BY HAUGEN, SECOND BY PETERSEN, TO REMOVE THE KOP SITE AS AN ALTERNATIVE FOR FURTHER
CONSIDERATION.
LeMair: Agreed that the Kop site is probably not the best site, but since a process has been established, believed it should
remain in the mix through the process. If the whole process is about gathering information, let's follow through.
Petersen: Did not believe it was necessary to have four sites through the whole process.
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City Council Meeting Minutes
January 3, 2005
Zieska: Commented that time is money, and did not want to waste time evaluating sites that just will not work. Suggested
evaluating only sites that will actually make it.
VOTE: Ayes by Haugen, Petersen and Zieska, Nay by LeMair, the motion is carried.
Hauaen: Advised that the Public Information Open House will be January 10, 2005 at 6:30pm at Lakefront Plaza
Community Room.
OLD BUSINESS:
Consider Approval of a Resolution Finding No Significant Impact and Making a Negative Declaration on the Need
for Additional Environmental Review.
Kansier: Reviewed the agenda item in connection with the staff report.
Zieska: Believed that there has been enough review and comment by all the concerned regulating bodies, so it is
appropriate to move forward with a negative declaration.
Hauaen: Great example of a partnership between the estate, school district, regulatory bodies and City.
MOTION BY PETERSEN, SECOND BY ZIESKA, APPROVING RESOLUTION 05-04 FINDING NO SIGNIFICANT IMPACT
AND MAKING A NEGATIVE DECLARATION ON THE NEED FOR ADDITIONAL ENVIRONMENTAL REVIEW.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Zoning Ordinance Amendment to Establish Separate Parking Requirements for Kennel
Uses.
Moore: Reviewed the agenda item in connection with the staff report.
LeMair: Asked how it is enforced.
Moore: Explained that enforcement would be similar to any other type of complaint received by the City, including a site
visit and follow up with approved parking standard.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 105-01 ESTABLISHING SEPARATE PARKING
REQUIREMENTS FOR KENNEL USES.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of Ordinance Amendments Relating to Sewer and Water Rates: (1) Ordinance Amending Prior
Lake City Code Section 704.1001 and Section 705.901 to Approve Revised Water and Sewer Utility Rates by
Reference in the 2005 Official Fee Schedule; and (2) Ordinance Amending the Utility Bill Capital Facility Charge
(CFAC) on the 2005 Official Fee Scheduled.
TESCHNER: Reviewed the agenda item in connection with the staff report.
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City Council Meeting Minutes
January 3, 2005
Costa DimitracODoulos: Reviewed the evaluation of information and development of fee study in connection with the
staff report.
Bovles: Asked about administrative fees.
Costa: Advised that the administrative fees are for the personnel directly responsible for sewer and water maintenance.
Teschner: Explained that operational fees are related to the sewer/water Enterprise Fund, and the CFAC fees support debt
service for the Maintenance building bonds.
Bovles: Commented that about 25% of our high-end users force a need for oversizing the system for a minority of
customers.
Teschner: Confirmed.
Hauaen: Asked how the standard of 9000 gallons for annual water and sewer use was determined.
Teschner: Explained that it is the average use for a family of three.
Hauaen: Asked how many users are tier 2 users.
Teschner: About 25% during those peak summer times. Also emphasized that the fund balance has had significant down
draw with the number of reconstruction projects over the past several years. The timing is important to address the staging
of the funding for sewer and water replacement over time.
Bovles: Asked if the fees can be specially assessed. Also commented that sewer and water pipes don't last forever and
replacement is necessary over time.
Zieska: Asked how many lift stations Rosemount has.
Osmundson: Advised that Prior Lake is very unique in this way. Where Rosemount, for example, has 3 lift stations, Prior
Lake the City manages and maintains 34.
Zieska: Further commented that sewer and water replacement is no longer subject to the City policy for special
assessment. Since the general taxpayer will therefore pay for sewer and water replacement anyway, this method will allow
us to program replacement funding on an on-going basis with less impact on the taxpayer.
Teschner: Advised that the fee rates will continue to be reviewed. If the circumstances change, the study permits that the
fee structure can change accordingly.
Hauaen: Noted that there is are tiered usage rates so that high-end users pay a higher rate.
Zieska: Water and sewer service is a basic need, and the City must have a system that accommodates that need.
LeMair: Concerned that there is such a large increase, but also does not want to be the one who doesn't prepare for the
future. This issue is one of the reasons he became a Council member.
Hauaen: Believed a water treatment plant is necessary also to address the quality of water in Prior Lake. This is a
necessary first step.
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City Council Meeting Minutes
January 3, 2005
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 105-02 AMENDING PRIOR LAKE CITY CODE
SECTION 704.1001 AND SECTION 705.901 TO APPROVE REVISED WATER AND SEWER UTILITY RATES BY
REFERENCE IN THE OFFICIAL FEE SCHEDULE, AND ACCEPTING THE UTILITY AND TRUNK RATE ANALYSIS
STUDY FINDINGS PERTAINING TO WATER AND SEWER UTILITY RATES AND ADOPTING PROPOSED RATES AS
PART OF THE 2005 OFFICIAL FEE SCHEDULE.
Water Rate tier 1
Sewer Rate tier 2
Sewer Rate
CF AC base char e
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Accepting a Utility and Trunk Rate Analysis and Approving Development
Related Trunk Water Fees.
Teschner: Reviewed the agenda item in connection with the staff report, noting that where the previous staff report affected
residential or individual users, these fees primarily impact developer fees.
Costa Dimitracopoulos: Reviewed the evaluation of information and development of fee study in connection with the
staff report.
Osmundson: Clarified that these are all connection charges allowable by state statute.
Teschner: Commented that, for example, in the case of Jeffers Pond where the developer and builder are the same entity,
it permits the staging of the connection fees, rather than outlaying all of the connection fees and then trying to recoup the
costs per home - an advantage for developers.
LeMair: Advised that even though the developer must pay the fees, the costs are ultimately borne by homeowners. We
must keep in mind what it costs to live in Prior Lake. Having said that, believed it important to plan for our future needs.
Teschner: Advised that the City will not make any money from these fees. The study provides a mechanism for us to
measure and fine tune the actual costs of providing services. These are dedicated funds that can only be used for
infrastructure associated with growth.
Petersen: Added that the water / sewer rate increases impact the current resident. These rates affect future growth.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 05-07 ACCEPTING A UTILITY AND
TRUNK RATE ANALYSIS AND APPROVING DEVELOPMENT RELATED TRUNK WATER FEES.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
2005 Fee
$5500 er acre
$1000
$900
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City Council Meeting Minutes
January 3, 2005
Consider Approval of the 2005 Official Fee Schedule.
Teschner: Reviewed the agenda item in connection with the staff report, clarifying that the trunk water charge per acre
should be $5500.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO ADOPT THE 2005 OFFICIAL FEE SCHEDULE AS MODIFIED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Official Bank for the City of Prior Lake
Teschner: Reviewed the agenda item in connection with the staff report
Hauaen: Asked about conversion costs.
Teschner: Advised that US Bank offered to pick up the costs for all of the city's conversion of approximately $800. That
does not include staff time. No other bank offered that same benefit. The benefits of the change far exceed the staff
investment. In today's market, the technology offered by US Bank is a significant cost-savings and benefit to the City.
MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 05-06 APPOINTING US BANK AS THE
CITY'S OFFICIAL BANK THROUGH DECEMBER 31,2008.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of Appointment to Fill Vacancy on City Council.
Boyles: Reviewed the agenda item in connection with the staff report.
LeMair: Explained that his top two candidates were Warren Erickson and Bryan Fleming. Each did excellent presentations
and were candid, well-prepared, and articulate. Warren has demonstrated his ability to respectfully disagree and brings a
different voice. Bryan Fleming was unbelievably well-prepared, has addressed the Council and was not afraid to voice his
opinion. He offers a different voice because of his background in education and arts.
Zieska: Agreed and complimented both Warren Erickson and Bryan Fleming. Believed Mr. Fleming would bring the most
diverse perspectives to the Council.
Petersen: Also agreed that the decision was very close. Proud to support Bryan Fleming as his number 1 candidate.
Hauaen: Commented that both finalists had great understanding and were very prepared. Warren is dedicated to this
community. He's lived here a long time, talked very knowledgeably about making Prior Lake a "value added" community
which is a direction of this Council, and the value of the SCALE partnerships. However, believed Mr. Fleming went even
further in talking about what the community wants and needs and communicating that well, and making decisions based
upon our global community. Supported the appointment of Mr. Fleming.
LeMair: Agreed with the comments of his colleagues. Believed either would do a great job, but supported the appointment
of Bryan Fleming.
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City Council Meeting Minutes
January 3, 2005
MOTION BY PETERSEN, SECOND BY LEMAIR, ADOPTING RESOLUTION 05-08 APPOINTING BRYAN FLEMING TO
FILL THE VACANCY ON THE CITY COUNCIL THROUGH DECEMBER 31,2005.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of City Council Appointments to Boards, Commissions and Committees.
Bovles: Reviewed the agenda item in connection with the staff report.
Acting Mayor:
Official Newspaper:
Equalization Committee:
Auditing Firm:
Fiscal Consultant:
Civil Defense Director:
Health Officer:
Animal Control Officer:
Special Assessment Committee:
Parks Advisory:
Lake Advisory:
Planning Commission:
City Manager Evaluation:
Annexation Task Force:
Orderly Annexation Board:
Weed Inspector:
Computer Liaison:
Watershed Liaison:
Transit Liaison:
Bylaw & Compensation:
Traffic Safety Committee:
Downtown Redevelopment:
CSAH 21 Advisory Committee:
Councilmember LeMair
Prior Lake American
Full Council
Abdo, Abdo, Eick
Northland Securities (Steve Mattson)
Lt. Randy Hofstad
Park Nicollet
Bob McCallister
Zieska and LeMair
Zieska
Petersen
LeMair
Zieska and Haugen
Zieska and Haugen
Zieska
Mike Petersen
Fleming
Petersen
Fleming
LeMair and Petersen
Petersen and Fleming
Haugen and LeMair
Haugen
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE 2005 APPOINTMENTS AS PROPOSED.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 05-09 DESIGNATING INVESTMENT
AUTHORITY.
VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
With no other comments from Councilmembers, a motion to adjourn was made and seconde . The meeting adjourned at
10:26pm.
Frank Boyles, City Manager
Ke
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