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022205
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
FEBRUARY 22, 2005 (TUES.)
7:00pm
Fire Station No.1
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Phone 952.447.4230 / Fax 952.447.4245
6. ITEMS REM D FROM CONSENT AGENDA:
7. PUBLlCH INGS:
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8. PRESENTATIONS:
A) Financial Presentation - Ralph Teschner
9.
A) Consider Approval of an Amendment to the Zoning Ordinance Establishing Requirements for
Recreational Domes.
B) Consider Approval of a Report Regarding Plans Prepared by Ortel Architects for Concession /
Restroom / Multipurpose Facility at Sand Point Beach.
10. 11.11111111:
A) Consider Approval of a Resolution Approving a Schematic Design, Plan and Budget for the Police
Station/City Hall Construction Project.
11. OTHER BUSS/COUNC1LMEMBER. REPORTS:
A) Executive Session to Conduct City Manager Performance Evaluation
12. ADJOURNMENT
022205
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
February 7, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Fleming, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney
Pace, Public Works Director Osmundson, Finance Director Teschner, Planning Director Kansier, Assistant City Engineer
Poppler, 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 concept of the Public Forum.
No persons were present to address the Council.
The Council moved on to its regular agenda.
APPROVAL OF AGENDA:
Bovles: Asked that Item 10C be added (Consider Approval of a Resolution Approving the sale of $8,060,000 G.O. Bonds
and Setting Public Meeting for the Sale on Wednesday, Feb. 16).
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Haugen, Fleming, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECOND BY FLEMING, TO APPROVE THE JANUARY 18, 2005 REGULAR MEETING MINUTES
AS SUBMITTED.
VOTE: Ayes by Haugen, Fleming, Zieska and LeMair, the motion carried. Councilmember Petersen abstained.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid
(B) Consider Approval of Building Permit Report for January 2005.
(C) Consider Approval of Resolution 05-20 for the Purchase of Two 2005 Ford Crown Victoria Police Vehicles through the
State of Minnesota Cooperative Purchasing Policy.
(D) Consider Approval of Preliminary 2004 4th Quarter Budget Summary Reports and General Fund Overview.
(E) Consider Approval of Resolution 05-21 Authorizing McCarthy Well Company to Remove, Inspect, Re-Assemble and
Test Well NO.3.
(F) Consider Approval of Resolution 05-22 Approving a Change Order and Authorizing Full and Final Payment to
Greystone Construction for the Renovation of Well House NO.4.
(G) Consider Approval of Resolution 05-23 Authorizing Advertisement for Bids to Drill and Pump a Test Well.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
February 7,2005
Draft
Bovles: Reviewed the Consent Agenda items proposed.
MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS:
2005/mprovement Project.
PaDDler: Advised that this public hearing is a continuation of the January 18, 2005 public hearing on the proposed 2005
improvement project. Reviewed the proposed project in connection with the staff report, and discussed the information and
questions asked at the January 18,2005 public hearing.
Mayor Haugen advised that the public hearing was still open as a result of the
January 18, 2005 meeting and invited those who wished to comment to come forward.
Jeff Evens (5443 Fair/awn Shores Tram: Commented that on Flint Road his analysis is that Flint Road is a public road at
the time of platting. For street lights, the City Engineer can recommend that street lights are installed at the City's cost.,
which would be consistent with new developments. Also believed the policy permits the City to pick up the costs....
Thanked the staff for researching driveways, also would like to see the numbers on the City's indirect costs. 15268 Fish
Point Road was not included in the project as an assessable property, but that the property is not on the main map.
Repeated that Flint Road was dedicated
Hunt Russell (5241 Frost Point Circle): Commented that they were contacted to conduct an appraisal and he is unfamiliar
with the company, and that he didn't receive any notification from the City. Also concerned that the appraised value be
specifically reflective of the value of any improvements, and not the general increased value in the property overall. Noted
that a petition will be submitted asking for Frost Point Circle to be withdrawn from the project.
Pat Choauette(15228 B/uedom Circle): Believed the appraisals are an unnecessary expense. Commented that the current
value of the property is irrelevant and there is no way that the improvements will increase his property value. Also
commented that the work on Fish Point Road is much more extensive than the work needed on Bluedorn Circle, and he's
being assessed the same amount. Also asked that if he benefits from the improvements on Fish Point, how come the
properties on Flint Road aren't treated in the same manner.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
LeMair: Asked if there is any rationale for confirming if Flint Road is a public road. Regardless, believed it appropriate to
make the improvements on the entire project area.
Osmundson: Advised that the City should have the City Attorney review the matter.
Zieska: Advised that the appraiser is contracted by the City to develop a baseline and comparables. Further commented
that Flint Road should not be assessed if they are a private road. Repeated that it is City policy that the overall Prior Lake
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February 7, 2005
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taxpayer pick up 60% of the project costs. Only 40% of the cost of the improvements are passed on to the assessable
properties.
Poppler: Advised that the appraiser determines comparables, and that the report will be available before the staff goes out
for bids.
Petersen: Commented that this particular area has been identified for repair, and it's important to do the whole area in order
to get the best price.
Flemina: Asked about the watermain project for Frost Point Circle.
Poppler: Explained that there have been no breaks at this point, but there are pipes in the area that do need repaired and
once the area is disturbed, it will be difficult to not impact the cast iron pipe. The staff is therefore recommending
replacement of the pipe now, rather than having to potentially dig up the area a year from now.
Flemina: Advised that he is somewhat reserved about moving forward on the project at this time. Also believed it would be
a good gesture by the City to conduct a survey regarding the overhead burial. '
Hauaen: Agreed that there is additional research needed on the outstanding issues, but noted that it order to keep the
project on schedule for bidding, it is important to continue with the project and work out these issues before awarding the
bid.
Zieska: Asked for an explanation of how the pavement evaluation analysis software works.
Poppler: Explained that the staff utilizes a software program that rates roadways on a 1 to 100 scale based upon data such
as condition of the infrastructure, age, and materials. The neighborhoods identified are then incorporated into the 5-year
Capital Improvement Program.
MOTION BY FLEMING, SECOND BY PETERSEN, TO APPROVE RESOLUTION 05-24 AUTHORIZING THE 2005
IMPROVEMENT PROJECT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
PRESENTATIONS:
School District Bond Referendum (Dr. Tom Westerhaus)
Dan White (School Board Chair): Reviewed the bond referendum proposed on the Feb 15th ba,lIot.
Flemin~: Asked if the growth projections allow for attrition.
White: Discussed the growth models provided by the consultant, and advised that the Growth Task Force based its
analysis on the most aggressive model.
Flemin~: Commented that kids. need and deserve top notch facilities, but encouraged the District that as numbers increase,
what's mostly important is what happens in the classroom. Curriculum and staff are our biggest investments.
Zieska: Thanked Dan for coming and noted his support for the referendum.
LeMair: Also supported and commented on the need for facilities and the process the School District went through.
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Hauaen: Appreciated having the facts shared in this forum. Advised that it would be inappropriate for the Council to take
formal action, but did note the need for partnerships between the District and the City.
Oath of Office for New Police Officers David Honican, Myly McBride, and AJ Reyer (Chief O'Rourke)
O'Rourke: Introduced new officers David Honican, Myly McBride and AJ Reyer. Discussed the positive impact the
additional of three more officers will have upon the Police Department and the need to respond to the growth of the Prior
Lake community.
Chief O'Rourke administered the oath of office, and Officers Honican, McBride
and Reyer were presented with their ~adges.
State of the City (Mayor Haugen)
Hauaen: Provided his 4th annual State of the City address, noting the people, partnerships and programs that made Prior
Lake a wonderful place to call home in 2004.
OLD BUSINESS:
Consider Approval of an Ordinance Amending the Zoning Code with Respect to (1) Building Height, and (2) Drive-
Thrus in the C-3 Zoning District.
Kansier: Reviewed the agenda item regarding building height in connection with the staff report.
LeMair: Asked if the industrial districts aren't more suited to the higher building height of 45 feet.
Kansier: Advised that the Planning Commission felt that in the C-3 district where was limited land available and any higher
building height would impact the small town nature of our Downtown. They felt that higher commercial uses should be in the
higher commercial districtsC-4 (village market area), C-5 fire station/business office park, and I (Deerfield).
LeMair: Supported staff recommendation.
Zieska: Suggested districts C-3, C-5 and 1-1 to 45' with no cup, and R-4, C-2 and C-4 to 45' with cup.
Petersen: Supported staff recommendation.
Flemina: Supported staff recommendation.
Hauaen: Concerned with the impacts upon the small-town look and feel of the community. Liked the idea of a cup in the C-
3, R-4, C-2 and C-4 for anything over 35' feet; no problem with 45' in C-5 and 1-1.
LeMair: Commented that R-4 should be allowed to 45'.
Hauaen: Believed the cup allowed the City Council a degree of control.
LeMair: Advised that it makes it difficult for a developer in town when they always have to go to the City first to find out.
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Zieska: Asked if C-2 and C-3 require cup, but everything else does not.
LeMair: Confirmed.
Pace: Advised that the fact that a cup process is in place does not mean that the decision-making body can arbitrarily
decide what building is constructed.
Kansier: Advised that an R-4 district requires a conditional use permit for a multi-use building anyway. Also advised that the
cup process permits the mitigation of impacts within the ordinance provisions.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING ORDINANCE 105-04 AMENDING ZONING CODE SECTIONS
1102.706, 1102.1006, 1102.1105, 1102.1205, 1102.1405 AND 1102.1505 RELATING TO BUILDING HEIGHT
PERMITTING BUILDINGS IN THE C-4, C-5 and 1-1 DISTRICTS TO 45 FEET IN HEIGHT, AND IN THE C-2 AND C-3
DISTRICTS TO 45 FOOT HEIGHT WITH AN APPROVED CONDITIONAL USE PERMIT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Kansier: Reviewed the agenda item for drive-thrus windows in connection with the staff report.
Flemina: Believed the rationale is sound. Supported the staff recommendation.
Petersen, Zieska, and LeMair agreed.
Hauaen: Asked if there is a prohibition of drive-thru windows in other districts.
Kansier: No.
MOTION BY PETERSEN, SECOND BY FLEMING, TO APPROVE ORDINANCE 105-05 AMENDING ZONING CODE
SECTION1102.1104 RELATING TO DRIVE-THRU WINDOWS IN THE C-3 DISTRICT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Approving the Final Format and Cost for the Residential Survey.
Bovles: Reviewed the agenda item in connection with the staff report. Advised that the City Council reviewed this item in a
previous work session.
Flemina: Believed this is a great resource and looked forward to reviewing the results.
Hauaen: Added that the results will also be used in the update of the City's 2020 Vision and Strategic Plan.
MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 05-25 AMENDING RESOLUTION 05-05
APPROVING THE FINAL FORMAT AND COSTS FOR THE RESIDENTIAL SURVEY..
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
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NEW BUSINESS
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Standard Professional
Services Contract with Engineering Resources Inc. to Prepare Plans and Specifications for Well No. 8 and Well No.
9.
Osmundson: Reviewed the agenda item in connection with the staff report.
leMair: Asked how much space is available across CSAH 21 where the old maintenance facility is.
Osmundson: Advised that only about 1 acre. Long-term, staff believes that property will become a park next to Markley
Lake. Believed it important to be proactive in developing this infrastructure. Also advised that the DNR is working with
Savage because of the impacts upon the Fen and its significant drawn down. The SMSC is experiencing something similar.
Our FIG well is not showing any affect at this point.
Petersen: Asked if the test well is done only for the FIG, and not the Jordan.
Osmundson: Advised that there will be some indication with drilling for the test well for the FIG if there will be a good
Jordan well. We are trying to save some money by just testing for the FIG.
Flemina: Asked the timeline for the new equipment to be operational.
Osmundson: Summer of 2006.
MOTION BY FLEMING, SECOND BY PETERSEN, TO ADOPT RESOLUTION 05-26 AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE A STANDARD PROFESSIONAL SERVICES CONTRACT WITH ENGINEERING
RESOURCES INC TO PREPARE PLANS AND SPECIFICATIONS FOR WELL NO.8 AND WELL NO.9.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Authorizing Nagell Appraisal and Consulting to Provide Appraisals for the 2005
Public Improvement Project.
Poppler: Reviewed the agenda item in connection with the staff report.
Flemina: In connection with the concerns raised by property owners tonight, has this firm already begun work.
Poppler: Explained that the person referred to during tonight's public hearing was a City staff person asking property
owners for authorization to conduct these appraisals. That was a pre-requisite to beginning this work. The consultant has
not begun any work.
MOTION BY FLEMING, SECOND BY ZIESKA, TO APPROVE RESOLUTION 05-27 AUTHORIZING NAGELL APPRAISAL
AND CONSULTING TO PROVIDE APPRAISALS FOR THE 2005 PUBLIC IMPROVEMENT PROJECT.
VOTE: Ayes by Haugen, Fleming, Zieska and LeMair, the motion carried.
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[ADDED] - Consider Approval of Authorizing Northland Securities to Negotiate the Sale of $8,060,000 G.O.
Refunding Bonds for 2005
Mattson: Explained the process and evaluation for forward closing re-funding bonds, and the advantage that would permit
a projected $460,000 savings. Advised that the sale would require a special City Council meeting next Wednesday or
Thursday to lock it in. Advised that the environment is good from a supply / demand standpoin~.
Bovles: Asked why an investor would want to do this now with a forward closing.
Mattson: Explained that we have to pay today 1/3 % higher than regular bonds. Even paying 1/3% higher, there is still an
advantage to the City. Institutions looking for a better yield are the buyers.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO AUTHORIZE NORTHLAND SECURITIES TO OFFER GENERAL
OBLIGATION REFUNDING BONDS, AND DIRECTING STAFF TO FACILITATE THE TRANSACTION.
VOTE: Ayes Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Zieska: Commented on the mis-representation of facts and misinformation provided in the guest commentary in the Prior
Lake American referring to the Jeffers Pond site. Advised that the 1999 Comp Plan allowed 1100 units on that property,
which is significantly higher that what is now being permitted. Also discussed the criticism of local developers and the
Jeffers Estate who have all worked very hard over the course of the past two years to partner with the City to provide land
for parks and open space, a future nature center, and a future fire station, in addition to partnering with the school district to
provide a future site for an elementary school. Also commented that the former Mayor who is the author of the guest
commentary may have a strong opinion and represented a particular viewpoint to the developer, but that viewpoint was not
voted on or directed by a majority of the City Council.
With no other comments from Councilmembers, a motion to adjourn was made
10:14pm.
e onded. The meeting adjourned at
Frank Boyles, City Manager
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