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HomeMy WebLinkAboutAgenda & Minutes16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA 7:00pm : Fire Station No. 1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 P.M. , 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 APRIL 18, 2005, MEETING MINUTES: , CONSENT 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 as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of a Resolution Approving the Wetland Replacement Plan for Jeffers Pond. C. Consider Approval of a Resolution Approving Wetland Replacement Plan for County Road 12 Reconstruction. D. Consider Approval of Resolution Accepting Bids and Authorizing Execution of the City's Standardized Contract for the 2005 Lift Station Rehabilitation Project. E. Consider Approval of a Resolution Accepting Bids and Authorizing Execution of the City's Standardized Contract for the Purchase of Materials for Gazebos and Picnic Shelters. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 6. ITEMS REMOVED FROM CONSENT AGENDA: , PUBLIC HEARINGS: A. Board of Appeal and Equalization . PRESENTATIONS: A. Transit Study o OLD BUSINESS: A. Consider Approval of Design Development Drawings, Colors and materials, and Project Budget for the Police Station and City Hall Construction Project. B. Consider Approval of a Resolution Adopting the 2030 Comprehensive Plan and Authorizing Submission of the Plan to the Metropolitan Council. C. Consider Approval of a Resolution Approvingi a Preliminary Plat to be Known as Belmont Estates. D. Consider Approval of an Amendment to the Prior Lake City Code Section 309.700 Pertaining to Allowable Locations for Body Art Establishments. E. Consider Approval of a Resolution Authorizing Solicitation of Proposals to Sell Two City-Owned Properties for Economic Development Purposes. 10. NEW BUSINESS: A. Consider Approval of a Resolution Amending the Comprehensive Plan to Add 119 Acres as R-L/MD Designation to the Land Use Guide Map. B. Consider Approval of a Revised Employment Agreement with the City Manager. 11. OTHER BUSINESSICOUNCILMEMBER REPORTS: 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES April 18, 2005 DRAFT CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Council members Fleming, Petersen, 7ieska and LeUair, City Manager Boyles, City Attorney Pace, Planning Director Kansier, City Engineer Albrecht, Finance Director Teschner, Director of Public Works Osmundson, Communications Coordinator Oster, Assistant to the City Manager Meyer, Administrative Assistant Green, Building Official Bob Hutchins, Mike Kotila, SEH, Inc., and Brian Sorenson, Scott County. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concems 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. Body Art Establishment in C-2 Zones. Jerome Deleon stated his desire to open a tattoo shop and his difficulty in finding a location for it in a C-3 or C-4 zone. He requested that the tattoo ordinance be amended to add a C-2 zone. 6885 Boudin Street offered a place for his business, but it is in a C-2 district. Stated he believed tattooing could fall into category of limited liability, which qualifies as a C-2 zoning. Comments: LeMair: Asked if Deleon is looking for street exposure sites other than downtown. Deleon: Stated he originally looked for street exposure site and searched the C-3 area, but places with openings were not willing to allow it. Expressed belief that some had attitudes against tattooing, but that it has become very mainstream and parlors are operated in sanitized conditions. The Boudin Street location is not curbside, but is inside the building and that is acceptable. Zieska: Deleon raised some good areas for discussion. Agreed that body art is more mainstream than in the past. Asked staff to explore possibilities of the body art ordinance, and whether or not body art would have conditions in C-2; as well as review the C-3 and C-4 zoning districts are in the City. Would be open to discussing a change to the ordinance. Petersen: Agreed that staff could look at it and see what we could do. Fleming: Supported staff coming back to council with recommendations and would like to learn more about this enterprise. Haugen: Asked if Deleon explored South Lake Village which is C-4. Deleon: Confirmed that he did; and that the lessor indicated he would speak with owners, but did not think the owners would agree to the body art business in their establishment; and, Deleon has not had a response from them. Haugen: Suggested Deleon explore that possibility again since South Lake Village is zoned C-4; that the Council has expressed a willingness to look at this, but has not committed to changing a C-2 district. www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes April 18, 2005 Draft 2005 Public Improvement Project (Frost Point Circle) Dan Uilligan stated that residents of Frost Point Circle presented a petition in opposition to the reconstruction of the street to the City Council dated February 9 and received a response from Frank Boyles dated February 25. The 17 residences of Frost Point do not want a reconstructed street, new water line or new sewer line. Believe the compaction in laying that line is consistent with regulations that have upheld the line for 30 years. The standard rating on that street only calls for an overlay. Comments: LeMair: Duly noted. Zieska: Asked Milligan what residents would choose if the choices were only reconstruction or nothing. Milligan: Nothing. The standard established by the rating for Fair Lawn Shores and Fish Point was for reconstruction. Frost Point's is overlay. An overlay would have no need of maintenance for years to come since Frost Point is a destination street with no through traffic. Zieska: Clarified that the standard is referring to the pavement management system that the city currently uses. Petersen: Expressed that his concern is with pipes that are under the street. Milligan: Stated he understood the pipes could last for up to 65 years. There has never been a problem. Requested Council to consider that one-fourth of homes have brick or concrete driveways, which would be more expensive for the City to replace. Fleming: Asked to what degree would an overlay reduce the rate of deterioration in terms of the street. Milligan: Stated the street is rated higher than 150th street, which is a new street. Economically, it looks like the right way to go for the City and for the residents. Street already has a concrete curb and only stress cracks, not breaking or potholes. The street has good compaction, which is a primary concern of laying a new street. Fleming: Condition index is based on scale from 0 - 100 and this street is conditioned at 58. Milligan: The residents are OK with that. Haugen: Stated that at a council meeting two weeks ago the Council agreed to have bids solicited with the ability to pull Frost Point out if desired. Resident's opinion will be brought into the equation. Milligan: Stated additionally that a property that is planned for a storm drain has many trees and flower gardens, which would be costly to replace. Albrecht: Reiterated the bid process and timeline, with bids coming to Council on May 16. Milligan: Stated is the most feasible way for the city to proceed. Fleming: Asked staff what cost would be to overlay that section of the street. Albrecht: There are a considerable number of curbs and sections of street to remove. Cannot do an overlay on a street like Frost Point Circle that is cracking and expanding. The cost can be estimated so the Council has the information when they make the decision of whether or not to reconstruct. APPROVAL OF AGENDA: MOTION BY ZIESKA, SECONDED BY LEMAIR, TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES City Council Meeting Minutes April 18, 2005 Draft MOTION BY PETERSEN, SECONDED BY FLEMING, TO APPROVE THE APRIL 4, 2005, MEETING MINUTES as modified to correct a typographical error, to reflect that the conditional use permit for Kwik Trip would be reviewed by the City Council in April 2007, and to reflect that the executive session held on April 4 was at the recommendation of the City Attorney. VOTE: Ayes by Haugen, Fleming, 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 Building Permit Report and First Quarter Report. D. Consider Approval of Animal Warden Monthly Report E. Consider Approval of Monthly Fire Call and First Quarter Report. F. Consider Approval of 1st Quarter Investment Report. G. Consider Approval of 1st Quarter Budget Report. H. Consider Approval of Resolution 05-62 Approving a Final Plat and Authorizing Execution of the City's Standard Development Contract for Wilds Ridge. I. Consider Approval of Resolution 05-63 Authorizing Full and Final Payment to Bituminous Materials, LLC, for the Construction of Trails and Basketball Courts. J. Consider Approval of Resolution 05-64 Approving a Premise Permit for Lawful Gambling for Prior Lake Water Ski Association. K. Consider Approval of Resolutions: 1. 05-65 Authorizing Full and Final Payment to the City of Savage for the Commerce/Boudin/ TH13 Intersection Improvement Project and 2. 05-66 Authorizing Execution of a Memorandum of Understanding for the Signal Light Maintenance and Power Cost Responsibilities for Three Signal Systems Located on the Savage/Prior Lake Border. L. Consider Approval of Massage Therapy Licenses: 1. Mary Francis Hamre 2. Kathleen A. Chuppa U. Consider Approval of Resolution 05-67 Approving Plans and Specifications and Authorizing Advertisement for Bids for Playground Equipment as Identified in the 2005-2009 Capital Improvement Program. Boyles: Reviewed the Consent Agenda items proposed. Councilmember Zieska requested that Item D, the Animal Warden Monthly Report, be removed from the consent agenda. MOTION BY PETERSEN, SECONDED BY ZIESKA, TO APPROVE THE CONSENT AGENDA WITH THE ANIMAL WARDEN MONTHLY REPORT REMOVED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried. City Council Meeting Minutes April 18, 2005 Draft ITEMS REMOVED FROM THE CONSENT AGENDA: Item D, the animal warden monthly report was removed from the consent agenda. Comments: Zieska: Thanked Bob McCallister, animal control officer, who has retired after more than 30 years of service and wished him well in his future plans. MOTION BY ZIESKA, SECONDED BY LEMAIR, TO APPROVE THE MONTHLY ANIMAL WARDEN REPORT. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried. PUBLIC HEARINGS: None. PRESENTATIONS; Proclamation of Loyalty Day (May 1, 2005) Sponsored by Veteran's of Foreign Wars. Keith Soderquist, VFW Post Commander; Pam Ueisinger, Ladies Auxiliary President; Mike McGahey, VFW Americanism Chair; and Liz Speiker, Ladies Auxiliary Americanism Chair were present. Mayor Haugen read the proclamation of May 1, 2005, as Loyalty Day in Prior Lake. Soderquist stated that Loyalty Day is important as it represents loyalty to government, self, religion and country. Speiker commented that Loyalty Day programs will be offered at local schools. Proclamation of 54th Annual National Day of Prayer (May 5, 2005). Boyles presented the request inviting residents to Lakefront Park for a community prayer service, and Mayor Haugen read the proclamation declaring May 5, 2005, as the National Day of Prayer in Prior Lake. OLD BUSINESS: Consider Approval of a Resolution Approving the 2030 Comprehensive Plan and Authorizing Submission of the Plan to the Metropolitan Council. Planning Director Kansier presented the 2030 Comprehensive Plan proposal. It incorporates portions of the 2020 vision and strategic plan as well as the orderly annexation agreement adopted in 2003, which calls for the annexation of more than 3,000 acres in the next 20 years. The Metropolitan Council is adopting its development framework for 2030 and all metropolitan area municipalities will need to update their respective comprehensive plans to 2030. McCombs Group conducted a market study which identified commercial, industrial and high- density residential needs and capacities. A series of public informational meetings were held targeting three areas (north of CR42, downtown, and the orderly annexation area). Used this information and hired consultants to prepare technical reports such as sanitary and water systems. Follow-up public information meetings were held to present maps showing proposed land use. Public hearings were held. Plans were distributed to adjacent cities, school district, watershed district and SMSC community. The comprehensive plan is dictated by Minnesota Statutes. Comment: City Council Meeting Minutes April 18, 2005 Draft LeMair: Acknowledged the time and energy that went into preparing the plan, and recognized Kansier for her hard work. The Comprehensive Plan guides us, tells us what the community is going to be and how the land will be used. Zieska: Thanked staff for the work they have done. Petersen: Have to have a track to run on; this gives us that track. Fleming: Complimented Kansier on the work. Asked if ordinances will have to undergo review and modification. Kansier: Some areas will need updates and there will be some major revision. Haugen: Asked if it is appropriate to identify potential land in orderly annexation area for a potential elementary school or a potential site for a satellite fire station. Kansier: The school district indicated there was potential for school somewhere in annexation area, but did not give specifics about what area. Haugen: Stated it makes sense to plan for a school to the extent we can. Boyles: Stated the City has been working with developers and there are significantly-sized subdivisions. It is helpful when there are large subdivisions that things like school and fire station sites can be incorporated and that is the approach the City is taking. Haugen: Asked if area northeast of 18 and 42 allows for mixed-use development. Kansier: It is currently business/office park. If it were to be a mixed-use development, it would be more appropriate to be a general commercial area such as community retail shopping or hospitality/general business. If we want to encourage mixed use, it should be changed now. Zieska: Should keep it as intense use, traffic will increase. The northern-most area is 10 miles from 494. Haugen: There is a major difference between the east and west sides of 18. The open area north of 42 is conducive to large commercial enterprises. The east side of 18 is the highest topography in Scott County which lends itself to a significant mixed use environment. Kansier: This area is more appropriate and conducive to mixed use. Zieska: Suggested going CBO for the entire area from 42 to the northern border which would reflect the same uses on both sides of 18. The wetlands between there and the neighboring community would allow us to avoid putting commercial zones next to the residential zone of that community. Haugen: Clarified the recommendation to leave the parcels CBO and if a request for a less intense usage is received, it could be dealt with at the time. Fleming: Stated he was not prepared to act on the proposed Comprehensive Plan at this time. LeMair: Asked if property owners needed to be consulted. Kansier: Landowners are continuing present use, and are aware that the future uses are for a commercial or business office park. This was not discussed at a public hearing. We can ask the property owners. Haugen: Stated there was no urgency to act on the proposed Comprehensive Plan at this time. LeMair: Stated there should be more feedback from the property owners. Haugen: Asked if the intersection of 12 and 17, which is potentially a major intersection in the orderly annexation area, did not incorporate any community/retail shopping for a reason. Kansier: McComb's study said to do commercial area in nodes. This intersection was too close to a nearby commercial area, and there are many wetlands and interesting topography there. Developers have already brought concept plans showing residential. Haugen: Bring the proposed 2030 Comprehensive Plan back with clarifications and landowner input on area north of 18. No action on the proposed resolution to adopt the 2030 Comprehensive Plan was taken at this time. City Council Meeting Minutes April 18, 2005 Draft Consider Approval of A Resolution Authorizing the Execution and Delivery of a Lease With Option to Purchase Agreement, A Ground Lease Agreement and A Continuing Disclosure Undertaking for the New City Hall and Police Station Buildings. Finance Director Teschner presented the above proposed resolution as the final step in the redevelopment plan process. Comments: Fleming: Sought clarification on use of the term "improvement" in paragraph 1, item a. Teschner: The project is the land and improvements are the buildings. MOTION BY FLEMING, SECONDED BY PETERSEN, TO APPROVE RESOLUTION 05-68 AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE AGREEMENT, A GROUND LEASE AGREEMENT AND A CONTINUING DISCLOSURE UNDERTAKING. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. Consider Approval of A Resolution Approving the CR21 Corridor Study and Long-Range Recommendations. Director of Public Works Osmundson introduced Mike Kotila of Short, Elliot, Hendrikson, and Brian Sorenson, Scott County Transportation Engineer. An overview of the vision for County Road 21 was explained as well as the process the project management team followed as they studied problem areas and considered what the long- term plan should be. Comments: LeMair: Stated that he liked the forethought demonstrated on this project as well as the plan to save the Wagon Bridge since it is only 15 years old; and asked if crosswalks are planned since 21 is difficult to cross. Acknowledged the difficulty of decisions about Main Street and whether future plans will split it and stated that development will determine the future of Main Street. Kotila: Suggested that a median be installed, but stated that marking them as a pedestrian area does not always provide a benefit to the pedestrian. LeMair: Asked what is planned to provide safety to pedestrians, bikers, etc. Kotila: Stated that it is still illegal to cross without pedestrian markings and that downtown has pedestrian curb signals. Where them are signals, they will be equipped with "walk/don't walk" signals. Them are studies going on, not conclusive, that make it premature to specify the crossing treatments now. By the time the studies are completed, they may find which pedestrian crossing methods are most safe. Zieska: Stated that business owners with access at County Road 21 have been involved in this process. Requested a change to the executive summary stating clearly that Pleasant and Arcadia must be opened before any restrictions are placed at 21 and Main. Haugen: That is consistent with the consensus coming out of the Citizens Advisory Committee. Petersen: Stated the stoplight by the fire station is very important and it might have to be done before anything. City Council Meeting Minutes April 18, 2005 Draft Kotila: Stated both the City and County have placed that signal light in the capital improvement plan and hope to access federal funds. It is planned for 2007 along with Franklin. Other 21 corridor plan funding is planned for 2012 and beyond. Fleming: Thanked team for work and the process conducted with residents and interested parties. Reitererated concern for median at 21 and is unclear about how to mitigate concerns for businessmen. Haugen: Stated business owners favor the change if the south side of Main evolves, if there is access through Pleasant, and if there is a full interchange at Arcadia. Stated the signal at Fish Point needs a solution before 2007, and that driving speeds could be reduced prior to 2012. MOTION BY ZIESKA, SECONDED BY LEMAIR, TO APPROVE RESOLUTION 05-69 APPROVING THE CR21 CORRIDOR STUDY AND LONG-RANGE RECOMMENDATIONS WITH CORRECTIONS IN NUMBERING ON THE RESOLUTION AND THE AFOREMENTIONED CHANGES IN THE EXECUTIVE SUMMARY. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Ordinance Amendment 105-09 to Section 702 of the Prior Lake City Code Relating to Park Regulations for City Owned Boat Slip Rental. City Manager Boyles presented proposed updates to section 702 of city ordinance, which primarily added ordinance about the use of city-owned boat slips. Comments: Fleming: Suggested change to reservation form stating that failure to present a written reservation confirmation will void the reservation. Boyles: Expect to learn as we undertake this effort and will likely be back with modifications as we learn how it works. Zieska: PAC meeting approved this as presented at its last meeting. Agreed that administration of the procedures could be changed if needed. LeMair: Asked how the amount of the fee was determined and indicated a preference for $25 for residents and $50 for non-residents. Boyles: The rate seemed appropriate and an attempt was made to have a relationship with the cost of administering the boat slips. Zieska: Stated it seems consistent with other fees, that it is double for non-residents since they are non- taxpaying users. Pace: Suggested language in the reservation request to be, "Failure to post the written confirmation at the slip will void your reservation." Haugen: Agreed that this procedure will be a work in progress. MOTION BY LEMAIR, SECONDED BY ZIESKA, TO APPROVE ORDINANCE AMENDMENT 105-09 TO SECTION 702 OF THE PRIOR LAKE CITY CODE RELATING TO PARK REGULATIONS FOR CITY OWNED BOAT SLIP RENTAL AS AMENDED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried. NEW BUSINESS: City Council Meeting Minutes April 18, 2005 Draft Consider Approval of a Resolution Approving a Preliminary Plat to be known as Maple Glen 2nd Addition. Planning Director Kansier and City Engineer Albrecht presented the proposed resolution. Comments LeMair: 40 homes on 35 acres is a favorable density. Liked the sidewalks. Will support. Zieska: Asked about the length of the Thornton cul-de-sac. Kansier: Replied it would exceed 500 feet, but that the additional length is a benefit rather than having access to Hwy 13 at that dangerous intersection. Zieska: Requested staff consider changing the name of Maple Court to Sunray Court or something related to Sunray to eliminate confusion about finding the street from a public service standpoint. Albrecht: Stated Thornton is a 900 foot cul-de-sac, but a connection through the church parking lot out to 87 provides an emergency route. MNDOT has asked us to close that connection (Hwy 13) as part of the access management because of the dangerous location. Zieska: Let the record show there is a reason for the length of the cul-de-sac in the event future requests for a long cul-de-sac are turned down. Petersen: Asked if there would be an easement corridor for sewer and water in Maple Glen. Albrecht: Replied that there would be reconfiguration of two lots on the end of the Maple Drive cul-de-sac to create a 40-foot easement corridor. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-70 APPROVING THE PRELIMINARY PLAT OF "MAPLE GLEN 2ND ADDITION" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried. Consider Approval of a Resolution Amending the Comprehensive Plan To Add 7.53 Acres to the Land Use Guide Map and Approval of a Resolution Approving a Preliminary Plat to be Known as Beren's Woods. Planning Director Kansier presented the proposed resolution and commented that no sidewalk or parkland was planned, but that the adjacent development has parkland that will serve this area. Comments: LeMair: Looks consistent with what is going on in Stemmer Ridge and the rest of the property. Zieska: No questions. Petersen: Will support. Fleming: Will support. Haugen: Will support. MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-71 APPROVING AN AMENDMENT TO THE 2020 COMPREHENSIVE PLAN LAND USE MAP FOR THE BERENS WOODS PROPERTY LOCATED IN SECTION 5, SPRING LAKE TOWNSHIP. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair. The motion carried. MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-72 APPROVING THE PRELIMINARY PLAT OF "BERENS WOODS" SUBJECT TO THE CONDITIONS OUTLINED. City Council Meeting Minutes April 18, 2005 Draft VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried. Consider Approval of a Resolution Declaring a Hazardous Building and Ordering Elbert and Jessica Greene, Sr. to Raze, Remove, or Repair Their Residential Structure at 14730 Carriage Lane. Building Official Bob Hutchins gave a background of the damaged building, displayed a photo of the damaged home and explained the code violations involved. He commented that the City is receiving complaints from neighboring residents expressing concern for safety. Comments: Fleming: Asked if the City was aware of what the fire inspection findings were. Pace: Stated that the only thing the City needs to know is that the investigating authorities no longer need the structure to conduct an investigation. Fleming: Asked if Mr. Greene seem motivated to retain investigator. Hutchins: Replied that he cannot speak to that, and that Mr. Greene has mentioned it. Zieska: Asked the date that investigating authorities released the structure back to the Greene's. Hutchins: January. Zieska: Stated the Greene's have had ample time to get their own investigator. Clarified that if the Council passes the resolution at this meeting, there are additional steps to be followed. Pace: The court will require the City to give additional notice; notice would be posted in the newspaper for four consecutive weeks; and statutory processes need to be followed. Zieska: Clarified that it would be a minimum of 60 days before the structure could be taken down. Stated that the structure is a safety hazard and will support the resolution. LeMair: Agreed with Zieska. The Greene's still have a timeline to get investigator if they want to. Will support the resolution. Haugen: Fire is an unfortunate situation, but the investigation was completed, another 90 days has already passed and if it takes another 60 days to follow the steps, that is ample time. Has had several calls from neighbors, they have safety concerns for their children and it is a blight to the neighborhood. Pace: The action proposed at this meeting has to do with the hazardous nature of the building and not the blight issue. MOTION BY PETERSEN, SECONDED BY LEMAIR, TO APPROVE RESOLUTION 05-73 DECLARING A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES, 2003 MINNESOTA STATE BUILDING CODE AND CITY CODE FOR A PROPERTY OWNED BY ELBERT AND JESSICA GREENE, SR. AT 14730 CARRIAGE LANE AND ORDERING THE BUILDING TO BE RAZED, REMOVED OR REPAIRED. VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried. OTHER BUSINESS None. EXECUTIVE SESSION Haugen: Stated the executive session would be held to discuss the City Manager's performance evaluation as well as some pending litigation. Boyles: The items for discussion in executive session include Bacon litigation, Ryan litigation, McKinley special assessment appeal, Jeffers litigation, Allen litigation and Rixman litigation. City Council Meeting Minutes April 18, 2005 Draft Pace: Stated that the agenda package included a paper listing litigation that will be discussed in executive session. On that list is item #7 which says Kwik Trip. That is an error and refers to the conditional use permit that the Council dealt with at the last Council meeting. From that an issue raised by the Prior Lake American regarding the validity of closing that meeting with part of that a threat of litigation involving it. States she has been in contact with the attorney for the Prior Lake American who has been advised that the Council will discuss that issue tonight. Kwik Trip should not be listed as litigation. The Mayor moved the Council into executive session at 9:35 p.m. RECONVENED The Council reconvened at 10:25 p.m. Pace: Stated that before adjournment into executive session, the public was told the Council would discuss Bacon, Ryan, McKinley, Jeffers and Allen litigation and clarify an issue regarding the Prior Lake American. The City Attorney's partner, Joe Schmitt, advised the Council of the status and strategy issues and the Council provided direction to the City Attorney on how to proceed. With respect to the issue regarding the Prior Lake American, the following background was provided to the public. During the consideration of the Kwik Trip conditional use permit at the last Council meeting, the City Attorney advised the Mayor that it was appropriate to go into executive session so the Council could benefit from legal advice of a confidential matter on a matter the City Attorney considered significant - the matter being the potential for litigation coming out of the decision the Council was going to make. During that session, the potential types of litigation that could be brought against the City were discussed. The Council did not discuss any of the issues involving the conditional use permit, just types of lawsuits that could arise out of it. Five years ago the Council adjourned to executive session when considering a conditional use permit involving Ryan Contracting and an environmental assessment worksheet. As a result of adjourning into executive session at that time, the Prior Lake American sued the City for an open meeting law violation. While the Council was in executive session during the discussion of the Ryan conditional use permit, one Councilmember left the executive session and that Councilmember told the newspaper that he had left because it was his understanding that the Council was not appropriately in executive session. As the City Attorney, Pace can not divulge what was said to the Council in that session as she cannot advise the public now as to what was specifically discussed in the executive session of two weeks ago because the communications in both instances were covered by the attorney-client privilege. Regarding this meeting's discussion, the Prior Lake American is rightfully concerned that the meeting was closed. The purpose of the Open Meeting Law is to assure the public is privy to the basis on which councils and elected officials make decisions - what the reasoning is, what they are relying on, etc. It is very serious when the Council goes into executive session because the public is then not privy to the communications that the Council is getting or the advice it is getting from its lawyer. Often there is a need for the confidential advice because the City Attorney's job is to protect the City from litigation. In 2000, the Ryan litigation ended up with the Supreme Court deciding that the City Council had violated the Open Meeting Law. Pace has been in communication over the past two weeks with the lawyer for the newspaper over the Open Meeting Law, and based upon a court of appeals decision that occurred about 3-4 weeks ago (City of Brainerd), she deemed the Council could appropriately adjourn into executive session because of the need for confidentiality on a legal issue outweighed the likely adverse publicity. The City Attorney is the person who has to do the balancing test to decide whether 10 City Council Meeting Minutes April 18, 2005 Draft the criteria are met. Both the lawyer for the newspaper and Pace believe that the Prior Lake American decision, along with the Brainerd decision, have sufficiently muddied what the law is on when a Council can properly adjourn into executive session and has made it particularly difficult for public officials and city attorneys to properly advise their clients without a threat of a lawsuit. Pace stated that in her judgment, the Council's need for confidential advice met the balancing test articulated by the Court of Appeals in the City of Brainerd case. Therefore, the Council tonight authorized the City Attorney to support a petition to the Supreme Court that is being filed by the newspaper in the City of Brainerd case - which is the case the City Attorney relied upon as the basis and justification to go into executive session two weeks ago. It is hoped the Supreme Court, the only entity that can define the scope and parameters of the attorney-client privilege, will accept the case and review it and provide more guidance for city attorneys, elected officials, newspapers, and the public. This Council takes the Open Meeting Law and the principals behind it, and the principals of democracy and that the public has a right to know what elected officials are doing and why they are doing it, very seriously. For that mason, the Council authorized this unique step in supporting the petition by the newspaper to clarify the law. This explanation is offered in order for the public to have a true understanding of what occurred two weeks ago, the basis for why it occurred and what we are doing now. It is particularly disturbing that we are in this position albeit the decision was justified; it is even more disturbing when reading mischaracterizations of things that question the character of a public body. Pace stated she takes it very seriously and is pleased and gratified that she works for a City Council that would allow us to seek review by the highest court in the State. Haugen: The other item discussed was the City Manager performance evaluation. The Council conducted the performance evaluation several weeks ago. This meeting dealt with the financial parameters. The City Attorney has been directed to work on an employment agreement for the City Manager that deals with an adjustment to base salary, a step adjustment, and an adjustment in the deferred compensation package. The contract will be brought to City Council as an agenda item for formal approval on May 2. ADJOURNMENT With no other comments from Council members, a motion to adjourn was made by Zieska, and seconded by Fleming. With all in favor, the meeting adjourned at 10:35 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 11