HomeMy WebLinkAbout032105 Minutes16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
March 21, 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, Planning Director Kansier, City Engineer Albrecht, Community
Development Director Sullivan, Communications Coordinator Oster, Assistant to the City Manager Meyer and
Administrative Assistant Green.
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 govemmental topics rather than private or political agendas. The City Council will not take formal action on
issues presented during the Public Forum.
Boyles: Reviewed the concept of the Public Forum and the Council moved on to its regular agenda.
APPROVAL OF AGENDA:
The following items were added to the agenda:
1 lA Report from Bryan Fleming about the Transit Review Board.
1 lB Miscellaneous comments from Mayor Haugen.
11C An executive session to continue the performance evaluation and compensation of City Manager Boyles.
Agenda item 10E regarding a joint police and fire department training facility was removed from the agenda and
will be placed on a future agenda.
MOTION BY PETERSEN, SECONDED BY FLEMING, TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
A revised page three of the March 7, 2005, meeting minutes draft that incorporated comments from Petersen
regarding boat slips was distributed.
MOTION BY ZIESKA, SECONDED BY LEMAIR, TO APPROVE THE MARCH 7, 2005, MEETING MINUTES AS
AMENDED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
CONSENT AGENDA:
A) Approval of Invoices to be Paid.
B) Approval of Treasurer's Report.
C) Approval of Fire Calls Report.
D) Approval of Animal Warden's Report.
E) Approval of a Temporary 3.2 Liquor License for Prior Lake Jays/Uudcats Baseball Season.
F) Approval of Resolution 05-42 Approving Plans and Specifications and Authorizing Advertisement
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
1 .......
City Council Meeting Minutes
March 21, 2005
for the Solicitation of Bids for Materials for the Construction of Picnic Shelters and Gazebos.
G) Approval of Resolution 05-43 Waiving Platting Requirements and Allowing the Conveyance of
Property for the Subdivision of Property Located in Section 5, Spring Lake Township.
H) Approval of Resolution 05-44 Approving Plans and Specifications and Authorizing Solicitation of
Bids for the 2005 Lift Station Rehabilitation Project, City Project 05-05.
I) Approval of Resolution 05-45 Approving an Equipment Sharing Agreement for Non-Emergency
Equipment Between Scott County Municipalities.
J) Approval of Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael April Fest.
K) Approval of Resolution 05-46 Authorizing the Mayor and City Manager to Execute the City's
Standard Contract for Animal Control Services with 4 Paws Animal Control to Perform Animal
Control Services for the city from April 1, 2005, through March 31, 2007.
Boyles: Reviewed the Consent Agenda items proposed.
MOTION BY PETERSEN, SECONDED BY LEMAIR, 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:
Consider Approval of an Ordinance Annexing 118.81 Acres of Property in Section 12, Spring Lake
Township Pursuant to Minnesota Statute 414.022 (Busse, Hunter, Jones).
Planning Director Kansier reviewed the proposed ordinance and stated that upon approval the comprehensive
plan will be amended to incorporate the annexed property.
Comments:
LeMair- Wanted to know how many acres would be buildable.
Kansier- 50 to 60 percent.
Petersen - Petitioning is how people can be annexed to the city and they went about it properly.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO OPEN A PUBLIC HEARING FOR THE ANNEXATION OF
THE ABOVE PROPERTY.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
The public hearing opened at 7:15 p.m. With no person stepping forward to comment or question the annexation
of the above property, a MOTION WAS MADE BY PETERSEN, SECONDED BY FLEMING TO CLOSE THE
PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair. The motion carried.
The public hearing closed at 7:16 p.m.
Comments:
Zieska - No one is speaking against the annexation, so it is going in the right direction.
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March 21,2005
Haugen - The owners followed the process and the township concurs.
MOTION BY ZIESKA, SECONDED BY PETERSEN, TO APPROVE ORDINANCE 105-07 ANNEXING
PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried.
PRESENTATIONS:
Report on Community Survey
Boyles introduced Dr. Bill Morris who conducted the community survey commissioned by the City. Morris stated
the survey was conducted with 400 people from February 15 through March 9 of 2005. He conveyed the results
of categories surveyed including what respondents liked and disliked about living in Prior Lake, how changes in
the City were perceived and their satisfaction with City operation. He gave several comparisons to other metro
areas and concluded that the community has confidence, trust and a high comfort level with the way things aro
going in the City.
Comments:
Fleming - Thanked Morris for the presentation, noted that it appears that residents of Prior Lake aro aware of
groat things that aro happening and asked Morris to speak about the proportional responses across gender, age
and economic demographics.
Morris - the survey was conducted across demographics of gender, age and economics. Variations were moro
across age and gender rather than geographic; for example, the high response of a small town feel as the most
liked item about living in Prior Lake was as likely to come from newcomers as well as long-term residents.
LeMair - Stated that results aro positive for the community and gives us some things we can look forward to
working on and asked for elaboration on the responses regarding the variety of housing.
Morris - Residents expressed concern that perhaps thero was too much "move up" housing rather than housing
for starters or seniors as they downsize. That might be an aroa to look at.
Haugen - Thanked Morris for efforts and commented that it would be the challenge of the Council and staff to
take information, fit it into the long-term picture and focus on what to do for the next steps so the next survey will
show the same level of improvements. Stated that the 2020 Vision would be revisited at meetings to be held
April 12 and May 24; and invited interested residents to participate whether they support or oppose the 2020
vision.
Morris - With 37% of respondents feeling uninformed, the Council needs to be intentional with it's communication
of what the City has done and how it will be measured.
Presentation of POW/MIA Flags by VFW Post 6208 and Ladies' Auxiliary
A Prisoner of War (POW)/Missing in Action (MIA) flag was presented by Commander Keith
Soderquist, POW/MIA Chair Tom McCallister, Americanism Chair Mike McGahey from the VFW Post
#6208; and POW/MIA Chair Marie Elsworth, Americanism Chair Liz Speiker from the VFW Post
#6208 Ladies Auxiliary.
Dedication of Memorial Plaque in Honor of Jon Franklin Niemann.
Fire Chief Bruce Sames and the Prior Lake Fire Department dedicated a memorial plaque in honor of Jon
Franklin Niemann who served as a member of the Prior Lake Volunteer Fire Department for seven years as
firofighter and training officer; and as a deputy for the Scott County Sheriff's office for ten years. Lori Niemann
thanked the City and Fire Department for remembering him and upholding his passion and commitment.
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March 21,2005
Comments:
Haugen - Stated on behalf of City of Prior Lake that it is appropriate to look back and acknowledge to her and her
sons and firefighters, the importance of public service and safety; and to thank her for the hours Jon put in
service.
RECESS
A recess was called at 8:05 p.m.
RECONVENE
The meeting reconvened at 8:15 p.m.
OLD BUSINESS:
Consider Approval of a Letter with Recommendations Regarding the Metropolitan Council Environmental
Services Reconveyance of a Segment of the Interceptor and Lift Station Serving Prior Lake.
Public Works Director Osmundson presented the Metropolitan Council Environmental Service's decision to
reconvey a segment of the Prior Lake sanitary sewer interceptor to the City. He proposed a letter in response to
their decision that states the City would agree to the reconveyance with certain considerations which were
reviewed.
Comments:
LeMair- Questioned whether the reconveyance could be declined. Expressed concerns about potential
obligations for the line from SMSC and queried if there was any area of annexation that resulted in the line
becoming the responsibility of Prior Lake rather than the MCES.
Osmundson - Responded that the State or County can determine if street has regional benefit. In the same
manner, the Metropolitan Council has statutes to determine whether or not the sewer system is a regional benefit.
Pace -It has been determined that there is not much we can do about it.
Zieska - Queried about the line from SMSC and the capacity of it, and stated that the City would have to make
the best of it.
Osmundson - Responded that usage is about 500,000 gallons per day, and that the capacity of the line is large
enough for upcoming annexations.
Petersen - Questioned the size of the pipe and whether or not we could ask MCES to televise the pipe at the
end of the ten-year warranty period.
Fleming - Asked if the conditions we are setting forth standard and if the MCES is likely to agree with them.
Osmundson - Responded that the request for a full ten-year warranty and reconstruction of a lift station are not
standard, but that they might agree to it because of its age. The repair of a line has already been started.
Haugen - Supportive of sending the letter and including a request for televising in ten years.
MOTION BY LEMAIR, SECONDED BY ZIESKA, TO APPROVE A LETTER WITH CONDITIONS REGARDING
THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES RECONVEYANCE OF A SEGMENT OF THE
INTERCEPTOR AND LIFT STATION SERVING PRIOR LAKE WHICH WOULD INCLUDE A REQUEST FOR
TELEVISING THE LINES IN TEN YEARS.
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VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Approving a Combined Preliminary and Final Plat to be Known
as the Wilds North 3rd Addition.
Planning Director Kansier presented. The public hearing for this plat was conducted February 28 by
the Planning Commission. Certain smaller plats may receive concurrent preliminary and final
consideration by the Council.
Comment:
Fleming - Requested information about the driveway access and proposed width of the driveway for
one of the lots.
Petersen - Asked about the height of the property and whether or not the property would be lowered.
Albrecht - Responded that the curb will not be torn out; trees will be removed to take out the dirt and
trees will be replaced.
Zieska - Asked if the "l-shaped" lot will be a flag lot.
Kansier - responded that it was a frontage lot.
LeMair - Liked the change and since the previous owner wanted to move, this is a good result.
Haugen - Supported the resolution.
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-47 APPROVING
A COMBINED PRELIMINARY AND FINAL PLAT of "THE WILDS NORTH 3RD ADDITION" AND
SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried.
Consider Approval of a Status Report Regarding City of Prior Lake Municipal Separate Storm
Sewers System (MS4) National Pollutant Discharge Elimination System Permit Status.
City Engineer Albrecht presented and advised the Council of upcoming changes in permitting and new non-
degradation standards for Prior Lake and surrounding communities, and the financial impact of the changes. The
topic will become an agenda item for the Scott County Association for Leadership and Efficiency discussions with
the Builders Association of the Twin Cities. The League of Minnesota Cities is exploring the legal standing of
assigning 30 cities to this status. No action was requested from the Council at this time.
Comments:
LeMair- Good information.
Zieska - Thanked the staff for keeping the Council informed.
Consider Approval of a Resolution Establishing and Designating Wild's Path and an Unnamed
Segment of Roadway From CR42 to CR83, Stemmer Ridge Road from CR12 to CR82, Sunray
Boulevard from TH13 to Turner Drive and Turner Drive from Sunray Boulevard to Village Lake
Drive as Municipal State Aid Streets.
City Engineer Albrecht reviewed the proposed resolution which will assure maximizing funding from the State for
Municipal State Aid streets. These roads are identified in transportation plan and eligible to be included in the
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March 21,2005
state aid system. This is just below the maximum and would allow another .25 mile to be included when it comes
into the City.
Comments:
Fleming - Asked about the cost benefit.
Albrecht- Every year cities add streets. Prior Lake's needs increased $10,000 - $13,000 in the past couple of
years. This would keep us at maximum level to receive State aid.
Zieska - Supported the resolution and thought it made sense to apply for the maximum dollars available.
LeMair- Agree.
MOTION BY FLEMING, SECONDED BY PETERSEN, APPROVING RESOLUTION 05-48 AS MODIFIED
ESTABLISHING AND DESIGNATING WILDS PATH AND AN UNNAMED SEGMENT OF ROADWAY FROM CR
42 TO CR 83, STEMMER RIDGE ROAD FROM CR 12 TO CR 82, SUNRAY BOULEVARD FROM TH 13 TO
TURNER DRIVE AND TURNER DRIVE FROM SUNRAY BOULEVARD TO VILLAGE LAKE DRIVE AS
MUNICIPAL STATE AID STREETS.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into the
City's Standard Purchase Agreement for the Property Located at 4600 Dakota Street SE in
Connection with the Police Station - City Hall Construction Project.
Assistant to the City Manager Meyer presented the proposed purchase agreement for the above property and
identified title and foreclosure issues to be resolved.
Comments:
Zieska - Glad we are moving forward with the project.
LeMair- Commended Meyer for a good job on the purchase, and that acquiring the property is an important
piece of the puzzle.
Haugen - Concurred that the acquisition is another step toward completion of the project.
MOTION BY PETERSEN, SECONDED BY LEMAIR, APPROVING RESOLUTION 05-49 AUTHORIZING THE
MAYOR AND CITY MANAGER TO ENTER INTO THE CITY'S STANDARD PURCHASE AGREEMENT FOR
THE PROPERTY LOCATED AT 4600 DAKOTA STREET SE IN CONNECTION WITH THE POLICE STATION /
CITY HALL PROJECT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Calling for a Public Hearing on the Establishment of the
Development Program for Development District No. 4, the Establishment of a Tax Increment
Financing District No. 4-1, and the Awarding of a Business Subsidiary for On Site Engineering,
Lot 1, Block 1, Deerfield Industrial Park, 3rd Addition.
Community Development Director Sullivan presented and indicated the tax increment public hearing proposed for
May 15, 2005, is the first step and would be followed by further information, business subsidy agreements and
project development.
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March 21, 2005
Comments:
LeMair- This request certainly warrants a call for public hearing. These are valuable businesses to our
community and we want to encourage development of businesses in Prior Lake.
Zieska - They need more space - a great problem to have. The public hearing should be scheduled for 7:30
p.m.
Petersen - Would like to proceed to public hearing so will be supportive of it.
Haugen - The 2020 vision talks about retaining our current businesses, so it is exciting that we are looking at
potential ways to help current businesses expand and reach new levels of success and growth.
MOTION BY ZIESKA, SECONDED BY LEMAIR APPROVING RESOLUTION 05-50 CALLING FOR A PUBLIC
HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF THE ESTABLISHMENT OF THE
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4; THE PROPOSED ESTABLISHMENT OF
TAX INCREMENT FINANCING DISTRICT NO. 4-1; THE PROPOSED ADOPTION OF THE TAX INCREMENT
FINANCING PLAN THEREFORE, AND ON THE PROPOSED AWARDING OF A BUSINESS SUBSIDY AS
MODIFIED TO CHANGE THE PUBLIC HEARING TO 7:30 P.M.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Report from Bryan Fleming about the Transit Review Board Committee.
On April 4, 2005, at 7:00 p.m. in the City Chambers we will visited by Perteet, Inc., a consultant that has been
working with Scott County on the Unified Transit Management Plan. The management plan is a major
comprehensive study intended to integrate many of the findings of several transportation studies into a single
blueprint for Scott County and its communities to bring about public transit improvement over the next 20 years.
It is an opportunity for interested people to come and hear it and learn more about the elements of the transit plan
and how they align with Prior Lake's 2020 plan.
Miscellaneous notes from Mayor Haugen.
The Lakefront Egg hunt was postponed due to inclement weather and has been rescheduled to Saturday, March
26, at 1 p.m. at the same location. Councilmember Petersen apologized to those who came last Saturday that no
information was posted about the cancellation.
John Andren, husband of former Mayor Lee Andren, died and services were held last week.
An executive session to continue the performance evaluation and compensation of City Manager Boyles.
Zieska - The executive session will be delayed to a future meeting when appropriate documentation will be
available.
With no other comments from Councilmembers, a motion to adjourn was made by Petersen and seconded by
LeUair. The meeting adjourned at 9:12 p.m.
Frank Boyles, City Manager
Charlotte Green~Rec~'rding S?Cretary