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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
May 16, 2005
7:00 p.m.
Fire Station No.1
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 P.M.
2. 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 MAY 2,2005, MEETING MINUTES:
5. 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 Treasurer's Report.
C. Consider Approval of Building Permit Report.
D. Consider Approval of Animal Warden Monthly Report.
E. Consider Approval of a Resolution Approving Change Order #3 and Authorizing Full
and Final Payment to S. M. Hentges and Sons, Inc. for the Village Lake Drive Street
and Utility Improvements Phases I and II.
F. Consider Approval of an Ordinance Adopting Section 112 of the Prior Lake City Code
Authorizing Criminal Background Checks for Municipal Employees and Appointees.
G. Consider Approval of a Resolution Initiating the Rezoning of the New City Hall Site
from the R-2 District to the C-3 District.
H. Consider Approval of a Liquor License Extension for T J Hooligan's.
I. Consider Approval of Monthly Fire Call Report.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
7. PUBLIC HEARINGS:
A. Consider Approval of a Resolution Vacating Drainage and Utility Easements Located
on Outlots D, E and F, the Wilds.
B. Consider Approval of a Resolution Establishing a Development Program for
Development District 4 and Tax Increment Financing District 4-1.
C. Consider Approval of a Resolution Approving a Contract for Private Development,
Business Subsidy and Business Subsidy Agreement Between the City of Prior Lake
and Onsite Engineering and Forensic Services, Inc.
8. PRESENTATIONS:
A. National Public Works Week (May 15 - 21, 2005).
9. OLD BUSINESS:
A. Consider Approval of the County Assessor's Report from the May 2, 2005, Board of
Appeals and Equalization Hearing.
B. Consider Approval of Two Resolutions Relating to the 2005 Public Improvement
Project:
1) Accepting Bids and Awarding the City's Standardized Construction Contract
for Street and Utility Construction for Project 05-01 and 05-11, and
2) Accepting Bids and Awarding the City's Standardized Construction Contract
for the 2005 CIPP Sanitary Sewer Rehabilitation Project 05-12.
C. Consider Approval of Two Resolutions Relating to the 2005 Public Improvement
Project:
1) Authorizing MFRA, Inc. to Provide Construction Surveying for Project 05-11,
and
2) Authorizing Stork Twin City Testing to Provide Construction Testing for Project
05-01 and 05-11.
10. NEW BUSINESS:
A Consider Approval of 2004 Financial Report and Management Letter.
B. Consider Approval of a Resolution Approving the 2006-2010 Capital Improvement
Program.
C. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter
into a Modified Version of the City's Standardized Purchase Agreement for the
Property Located at 4626 Dakota Street SE in Connection With the Police Station/City
Hall Construction Project.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DRAFT
REGULAR COUNCIL MEETING MINUTES
May 2,2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Council members Fleming, Petersen, Zieska and LeMair, City Manager Boyles, City
Attorney Pace, Planning Director Kansier, City Engineer Albrecht, Communications Coordinator Oster, Assistant
to the City Manager Meyer, Administrative Assistant Green, Michael Cox of Wold Architects, LeRoy Arnoldi and
Gary Nagel of the Scott County Assessor's Office, and John Mulcahy, project manager of the Unified Transit
Management Plan.
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.
Boyles: Reviewed the concept of the Public Forum.
APPROVAL OF AGENDA:
Boyles requested the addition of two items to the agenda:
10C - an application for abatement for the McKinley property, and
100 - approval of a settlement agreement in principal dealing with the McKinley property.
MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE THE APRIL 18, 2005, MEETING MINUTES AS
PRESENTED.
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 Resolution 05-74 Approving the Wetland Replacement Plan for
Jeffers Pond.
C. Consider Approval of Resolution 05-75 Approving Wetland Replacement Plan for County
Road 12 Reconstruction.
D. Consider Approval of Resolution 05-76 Accepting Bids and Authorizing Execution of the
City's Standardized Contract for the 2005 Lift Station Rehabilitation Project.
E. Consider Approval of Resolution 05-77 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
City Council Meeting Minutes
May 2, 2005
Draft
Boyles: Reviewed the Consent Agenda items proposed.
MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE THE CONSENT AGENDA AS PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
PRESENTATIONS:
Kelly Meyer introduced John Mulcahy, project manager for the Unified Transit Management Plan.
Mulcahy presented an overview of the findings and recommendations of a study conducted to
analyze transit infrastructure and facility needs. No council action is requested tonight.
Comments:
LeMair: Recognized the importance of the plan.
Zieska: Complimented the work group on a job well done. The plan makes sense: this is how government is
supposed to work with independent systems working as a whole, addressing redundancies and finding ways to
improve as the area continues to grow and transit becomes more of an issue. Will support the plan.
Petersen: Laker Lines is something the City is proud of and this plan will improve it.
Fleming: Echoed other Council members. Appreciates the work that has been done.
Haugen: Have done a nice job. This is a long, evolving process.
OLD BUSINESS:
Consider Approval of Design Development Drawings, Colors and Materials, and Project
Budget for the Police Station and City Hall Construction Project.
Boyles introduced Michael Cox, Wold Architects representative, who provided design development drawings,
talked about colors and materials and the project budget.
Comments:
Fleming: It's fabulous. Keep going.
Petersen: It's good.
Zieska: This facility has been long overdue. I think we're coming to the end of the planning process and soon
can start turning dirt.
LeMair: Served on committee. It's impressive.
Haugen: Served on committee and found the presentation rewarding.
Cox: We are on schedule with the design and the next step is to finalize budget.
Bill Wolters, Owner's Representative, spoke about estimated costs of materials, colors and systems. Discussed
processes of working through decisions about site, facility, and whether or not the construction should be done in
stages. Have gone through schematic phase( reviewing space needs and establishing work flow) and the design
and development phase (to refine space and get to efficiencies, pick finishes and zone in on what costs will be).
Discussed both construction costs and project costs - project costs are those over and above the "bricks and
mortar" (furniture and fixtures, office equipment, cleanup costs, design fees, survey costs, systems). Budget
2
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City Council Meeting Minutes
May 2, 2005
Draft
has been refined down from $15.4 million to $13.25 million. In July, final documents with final finishes and final
anticipated budget will be brought before the Council to seek approval for bids.
Comments:
LeMair: Has served on the committee and states he feels comfortable with the $13.25 million budget and may
have potential to get to $13 million.
Zieska: Know committee has worked hard to stick to budget. Feel comfortable with $13.25 million.
Petersen: Original budget of $13 million sounds good but probably won't be able to make it - will see how the
bids come in. Impressed with what has been put together.
Fleming: Asked if $13.25 million reflects the worst case scenario in respect to cost overruns.
LeMair: There is some contingency money allocated for change orders.
Wolters: The building is expected to cost $10.4 million and the remaining amount is for fees and contingencies.
Cleanup is in as direct cost and if MN Superfund money is received, it will be lower. $540,000 is budgeted for
contingencies and change orders.
LeMair: A decision has been made to build both buildings at the same time.
Haugen: Found there is savings in dollars, efficiency and time in doing that.
Wolters: If built in two separate phases, completion would be June 2007. Staff believes they can move
operations out of the building without diminishing service to citizens.
Fleming: Pleased to hear contingencies are built in.
Haugen: Concurred with comments of other Council members.
Wolters: By July final systems will be identified - steel/metal vs. steel precast, mechanical system, etc.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE THE DESIGN DEVELOPMENT DRAWINGS,
COLORS AND MATERIALS, AND PROJECT BUDGET of $13.25 MILLION FOR THE POLICE STATION AND
CITY HALL CONSTRUCTION PROJECT.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
PUBLIC HEARINGS:
Board of Appeal and Equalization will convene for property owners who wish to contest valuation of
their property.
Boyles explained that the City Council will act as the local Board of Appeal and Equalization. If citizens want to
continue their appeal, they would go to the County Board and then on to the District Court. As the local Board of
Appeal and Equalization, the City Council considers whether the valuation placed on each parcel by the County
Assessor as of January 2 of this year is appropriate in respect to that property and other similarly classified
properties. If all issues are not resolved, the public hearing will be continued May 16, 2005.
LeRoy Arnoldi, Scott County Assessor, thanked City staff for cooperating with the County in performing this
assessment function. Informed the public that this valuation process is the first step in the process for taxes that
are payable in 2006. Addressed why property values go up, how market values are determined, whether or not
market valuation can change even if assessor has not gone through property, and how improvements will
increase market value.
Comments:
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Zieska: Asked what recourse there is if problems aren't resolved when tax bills are received, i.e. the number
received is different that expected.
Arnoldi: Anything that is not settled can be appealed at the County Board prior to the last day of April 2006,
when the tax becomes payable.
MOTION BY FLEMING, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried and the Mayor convened the
public hearing.
Jeanne Hildebrandt and Marshall Kath, 17140 Sunrise Ave SW, (PID R251720580). Stated property value
increased $26,000, over ten percent from last year to this. Believes home was compared against newer and
larger homes.
Nagel: Properties are compared against homes that were sold recently. Some areas are seeing a larger
increase because of the rising cost of homes in the area. Many home valuations had to be increased to meet a
guideline of 90 - 105% of market value according to State guidelines. Agreed to come out and view the property.
Fleming: Asked how and when cost approach analysis is factored in.
Nagel: Look at properties that are like the property being valued.
Arnoldi: Explained when different approaches for valuation are used: cost approach is used for additions;
market approach is weighted to what has sold that is comparable; income approach is for investment opportunity.
It is accepted that market approach to single family property is most appropriate.
Richard and Maria Keeney, 16102 Lakeside Avenue (PID R250960280). Wants to preserve appeal rights.
Received valuation of improvement of $118,000. Believes there confusion over which year improvements should
be considered for 2004 vs. calendar years of 2002 and 2003 in which home was being constructed. Added a
two-car garage in 2004 which is not valued at $118,000. Also removed two-bedroom house structure in 2003
and wants that credited to property. Requested assessor to inspect interior of house as believes assumptions
were made about interior finishing in the basement.
Charlie and Patty Maas, 2195 NW 10th Street (PID R259280122 and R259280121)
Distributed handout. Classification was changed to residential from agricultural one year ago. Wants to be
classed back go agricultural as using at least ten tillable acres for garden business.
Nagel: Stated that last year there was less than ten acres tillable. Will review current year's status.
Anthony and Judith Straguadine, 16674 Blind Lake Trail (PID R253380420)
Valuation increased by $55,000 from 2004 - 2005. States that neighbor's is valued at 22% less. States that 20%
of back yard is unusable because of poor drainage and valuation should be adjusted for that.
Jim Chapman, 17240 Panama (PID 259110580)
Valuation went up $19,000 compared to neighbors' that increased by $10,000 and $13,000. In the past the three
properties used to be within a few hundred dollars of each other.
Nagel: Will view the property and compare with the market.
Michael Johannes, 6352 Wild Oaks Terrace (PID 253460160)
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Valuation of town home was placed higher that current selling price for new townhomes in the development.
Nagel: Stated increases are usually 8% per year. Will review property.
Sang Bun Kim, 17273 Deerfield (PID 253720590) Was not present to speak.
Svetlana Kovinskaya, 14530 Bluebird Trail (PID 253100050)
Stated she received a 50% increase from 2003 to 2006 and requested reconsideration and stated she has
researched similar houses to compare to.
Nagel: Will meet with property owner and will bring findings to the Board.
Fleming: Asked if properties are appraised annually.
Arnoldi: 20% of properties are reviewed annually with properties rotated so all properties are reviewed within
five years. Appraisers may not view interiors unless they think something happened to change the status.
Fleming: Asked how consistency is sustained.
Arnoldi: Try to find most similar example of property relative to footprint, quality, style - then adjustments are
made for lot size and extra features to the house. Explained sales ratio and arms-length sales that are submitted
to the Department of Revenue. Sales ratio is checked on each property, it is entered into a sales study, and a
median ratio is arrived at for a class of property. An acceptable analysis swing is determined - currently range is
90 - 105% on the median - and Scott County is in that window.
Fleming: Asked if properties were physically visited more often, would the median ratio change?
Arnoldi: Probably not because: of data maintained on properties, visits made to new properties, identifying
changes to property by building permit, neighborhoods are viewed every five years, and sales analyses of
neighborhoods are conducted to see if sales are accelerating or tapering off and adjusted accordingly.
Wes Mader, 3470 Sycamore Trail (PID 250980060)
Not in attendance. Nagel will visit the property.
Haugen: A letter was received from Zieska requesting an analysis of improvements to property in 2004 vs. 2005.
Zieska: Will abstain from vote as a member of the Board of Appeal and Equalization since he submitted an
appeal.
Pace: Asked Arnoldi to articulate how to perfect an appeal and whether the written statement of appeal should
be addressed to local board or the County Assessor office.
Arnoldi: A written appeal must be entered into the record. Many appeals have been taken care of prior to this
hearing. This is the last day of appeal at the local level and by entering into the record, property owners can be
responded to prior to the May 16 meeting.
Pace: Clarified that if an individual contacted the County office prior to this meeting and did not have issue
resolved; they would have to come before this Board or provide a written statement to this Board tonight in order
to perfect their appeal.
Arnoldi: Agreed, to go to the next step, the property owner would need to have appeared tonight.
Boyles: Sang Bun Kim presented his appeal prior to the meeting.
Arnoldi - Mr. Kim will be contacted and the response will brought to the May 16 meeting.
MOTION BY PETERSEN, SECONDED BY LEMAIR TO CLOSE THE PUBLIC PORTION OF THE PUBLIC
HEARING.
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City Council Meeting Minutes
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Draft
VOTE: Ayes by Fleming, Haugen, LeMair and Petersen. Zieska abstained. The motion carried and the public
hearing closed at 9:17 p.m.
Comments:
leMair: Expressed confidence that the County will contact all parties present and report its findings at the next
meeting.
RECESS
The Mayor called a recess beginning at 9:18 p.m.
RECONVENE
The meeting was reconvened at 9:25 p.m.
Consider Approval of a Resolution Adopting the 2030 Comprehensive Plan and Authorizing
Submission of the Plan to the Metropolitan Council.
Planning Director Kansier presented the proposed resolution and stated the three owners of the properties east
of CSAH 18 and north of CSAH 42 were contacted and none are opposed to commercial guiding. Needs for
space for schools and fire stations have been identified in the 3,000 acres and as future development occurs the
potential sites would be identified and obtained.
Comment:
Fleming: No comment.
Petersen: It is set up well for light commercial and business.
Zieska: The three properties on our northern border on CR18 should be C-BO, since that is denser than C-CC.
Kansier: It is more restrictive and focuses on offices, warehouses, research facilities.
Zieska: Would like to keep it as C-BO as it is a large parcel and perhaps a developer would want to come in and
develop it as a whole project. At some point someone will want to change zoning and generally requests are for
more intense use. If it is made intense right away, adjoining property owners would have less objections if it were
changed in the future to less intense use. To err on the side of caution, make it more intense at the beginning.
leMair: Receptive to Zieska's suggestions. Thought community retail shopping would be nice blend with
residential that surrounds it, but would not object to seeing a business office park.
Fleming: Asked if communication with landowners included distinctions between C-BO and C-CC.
Kansier: Communication was more generalized between commercial and residential, and it seemed as though
the property owners did not plan to develop it, but would sell to a developer when they were ready to move on.
Haugen: Asked what would be best if it were likely to be developed as a mixed planned unit development.
Kansier: Community commercial retail for a mixed use development - most likely to see mixes of office, retail
and services because the market area would be the adjacent residences.
Haugen: Asked what could be perceived to be developed east of the intersection.
Zieska: Replied that it is undeveloped and a developer would be expected to advise future buyers of zoning.
Believed a C-BO designation would attract more buyers.
Haugen: Asked which designations fit into the McComb study.
Kansier: At the original time of viewing this property, there were more commercial business office parks than
needed. More general commercial-type uses detracts from some other intersections. This will probably be a
pretty busy corridor. Developers find general commercial easier to do (C-CC). Once designated, a request for
change would need an accompanying rationale.
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City Council Meeting Minutes
May 2, 2005
Draft
Haugen: Supported Zieska's proposal that a larger area could be used for a big business, but perceived a
different kind of use for east side due to it being a different typography and did not see value guiding it as C-BO.
Fleming: Confirmed location is the highest point in the County.
leMair: Supported keeping it as recommended. All land north of 42 and east of 18 as the same designation.
Haugen: Stated the amendments to the plan and the interaction with the public allowed the plan to be effective
and sensitive to the vast majority of people in the community.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.78 ADOPTING THE 2030
COMPREHENSIVE PLAN FOR THE CITY OF PRIOR LAKE PURSUANT TO MINNESOTA STATUTES 462.351
TO 462.364. WITH DESIGNATION OF THE AFOREMENTIONED PARCEL (north of CR42 and east of CR18)
BEING C-CC AND AUTHORIZING SUBMISSION OF THE PLAN TO THE METROPOLITAN COUNCIL.
VOTE: Ayes by Haugen, Fleming, Petersen, and LeMair. Zieska opposed. The motion carried.
Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Belmont
Estates.
Planning Director Kansier presented the proposed resolution.
Comment:
leMair: Asked about the response received from residents living where the road is being closed.
Albrecht: Stated there has been interaction with several residents who feel this is better than Stemmer Ridge
traffic accessing CR17 through the neighborhood.
Zieska: Asked if any additional right of way being given to the County and whether there would be space for CR
17 to be a four-lane highway.
Albrecht: Affirmed that there would be enough space to meet future corridor needs.
Petersen: Putting in a cul-de-sac is an improvement. Will support it.
Fleming: Will support it.
Haugen: Concurred.
MOTION BY LEMAIR, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.79 APPROVING THE
PRELIMINARY PLAT OF BELMONT ESTATES SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
Consider Approval of an Amendment to the Prior Lake City Code Section 309.700
Pertaining to Allowable Locations for Body Art Establishments.
Planning Director Kansier presented the proposed amendment. Two C-2 zones exist in Prior Lake.
Comment:
Zieska: Stated the amendment makes sense - this is mainstream activity in our society and fits in with other
personal services.
leMair: Concurred with Zieska and stated the business would fit in the proposed area (Boudin).
Haugen: Asked for further discussion.
Zieska: Stated this business does not differ from barber shop, beauty shop, shoe repair - it is just another
personal service and an accepted norm in our society.
Fleming: The philosophy of acquiring body art vs. getting a haircut will vary.
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City Council Meeting Minutes
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Draft
Zieska: Stated he would not choose to get body art, but it is being done and reiterated that it is mainstream
activity.
Fleming: Asked if there is adequate space in current C-3 or C-4 to accommodate body art business.
Zieska: Deleon seemed to imply that.
LeMair: Believed there should be space for it.
Haugen: Asked staff to talk about licensing requirements, sanitation requirements and the enforcement of those
requirements in a body art establishment.
Boyles: There are two aspects of body art ordinance in respect to enforcement: police conduct reference and
criminal history checks; and, a health official examines the facility to assure that best practices are being used
regarding sanitation.
Pace: The ordinance is lengthy in terms of licensure in regards to public health concerns.
Haugen: Concurs it is becoming mainstream. The sanitation and safety aspects are more important to me.
leMair: Offered the example of upscale beauty shops offering this kind of service in their salons.
Zieska: Proposed that if beauty parlors were offering the same or similar services they would be following the
same kinds of regulations.
Pace: Establishments would have to have appropriate licensure for the activities therein, i.e. cosmetology,
tattooing, tanning beds, etc.
Fleming: Stated the definition of mainstream is subjective and he is not prepared to make a decision based on
what he thinks is mainstream.
Petersen: Stated lack of knowledge about tattoos and would not make decision on based personal disapproval.
Expressed concerned that changing zoning for the Boudin Street location would lead to requests for future zoning
changes based on individual requests.
Zieska: Queried what the zoning is at small strip mall on Franklin Trail.
Kansier: C-4.
Haugen: Stated ordinance should be not changed just because there is not room in C-3 or C-4. A business
should fit in C-2 or not. Because of licensing, follow-up inspection requirements and staff recommendation, will
support it.
MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE ORDINANCE 105-10 AMENDING SECTION
309.700(4) OF THE PRIOR LAKE CITY CODE.
VOTE: Ayes by Haugen, Zieska and LeMair. Petersen and Fleming opposed. The motion carried.
Consider Approval of a Resolution Authorizing Solicitation of Proposals to Sell Two City-
Owned Properties for Economic Development Purposes.
City Manager Boyles presented the proposed resolution, which outlines the actions that a purchaser would need
to follow, establishes a minimum bid and provides for a letter of credit, and provides for public notice that would
invite bids.
Comments:
Fleming: Will support it.
Petersen: Will support it for economic development purposes.
Zieska: Complimented staff on the efforts to incorporate the 7 -foot strip of property in with the city property and
understands that a purchase agreement is not completed for it, but that a verbal agreement has been reached.
Boyles: Proposed pricing is offered with and without the 7-foot strip.
leMair: Asked where funds from sale of the property are designated to.
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City Council Meeting Minutes
May 2, 2005
Draft
Boyles: General fund.
Haugen: Asked why there is such a wide discrepancy in the square foot value between the two properties.
Boyles: Stated the appraiser gave the rationale that downtowns are unique and special locations and demand
premium price, and downtown zoning encourages building several stories and have no setbacks so productivity
per square foot is much higher.
Haugen: Clarified that the resolution will state that the developer will have construction completed on the
properties within 24 months.
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-80 AUTHORIZING
SOLICITATION OF PROPOSALS TO SELL TWO CITY-OWNED PARCELS FOR ECONOMIC DEVELOPMENT
PURPOSES.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair. The motion carried.
NEW BUSINESS:
Consider Approval of a Resolution Amending the Comprehensive Plan to Add 119 Acres as R-
LIMO Designation to the Land Use Guide Map.
Planning Director Kansier presented the proposed resolution.
Comments:
leMair: No comment.
Zieska: Watched the Planning Commission meeting and noted that nearby residents had concerns.
Petersen: Asked how wetlands will be managed and stated residents wanted to keep the wetland areas open.
Albrecht: Portions of the wetlands as well as the island in the wetlands and other natural areas have been
dedicated to the City.
Fleming: Will support it.
Haugen: Will support it.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-81 APPROVING AN
AMENDMENT TO THE 2020 COMPREHENSIVE PLAN LAND USE MAP FOR THE BUSSE/HUNTER/JONES
PROPERTY LOCATED IN SECTION 12, SPRING LAKE TOWNSHIP.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Revised Employment Agreement with the City Manager.
Zieska provided an overview of the employment agreement. The City Manager was rated as having done a very
good job and has faced a lot of challenges in the last year. The review committee considered years of service,
supervision of employees and compensation of peers. The proposed employment agreement reimburses at a
rate comparable to other employees with deferred compensation at the same rate of increase as the salary
increase.
Comments:
Haugen: Stated the City Manager has 13 years of experience, and the gap between the City Manager and
people who report to him was less than the recommended differential of 15 percent, so efforts were made to
correct the differential.
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City Council Meeting Minutes
May 2, 2005
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Fleming: The compensation agreement is representative of the value wanted to be extended to the City
Manager.
Petersen: We hear good reports from his department heads. The team works well together and that reflects on
the person on the top.
LeMair: Stated the position is underpaid considering the vast responsibilities. City Manager's leadership skills
can be measured by the talent of the people under them and the talent is reflected in the way the City is run.
MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE CITY MANAGER EMPLOYMENT CONTRACT
REVISIONS FOR 2005 AS PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
Approval of settlement agreement in principal for McKinley assessment.
Boyles stated that an executive session was conducted to discuss the parameters of a settlement of an
assessment case. An agreement in principal within those parameters has been reached and Council approval is
being sought to execute the document.
Comments:
Zieska: Confirmed the agreement is under the guidance received during the executive session.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO EXECUTE THE DOCUMENT WITHIN THE
PARAMETERS THAT WERE CONVEYED TO STAFF DURING EXECUTIVE SESSION; AND WHEN THE
DOCUMENT IS EXECUTED, IT WILL BE MADE PUBLIC.
VOTE: Ayes by Fleming, Petersen, Zieska, LeMair and Haugen. The motion carried.
Request to approve an application for abatement for this year's special assessment increment on the
McKinley property, which is part of the settlement agreement.
Boyles stated the application for abatement was due on May 1; but with the Council meeting on May 2,
permission was granted by the County to file the application for abatement on May 3.
MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE FILING AN APPLICATION FOR THE
ABATEMENT OF TAXES ON THE PROPERTY.
VOTE: Ayes by Fleming, Petersen, Zieska, LeMair and Haugen. The motion carried.
OTHER BUSINESS
Haugen congratulated Alice and Lyle Anderson who were crowned senior queen and king at the very well
attended Senior Luncheon on May 2.
ADJOURNMENT
With no other comments from Council members, a motion to adjourn was made by Fleming and seconded
Zieska. With all in favor, the meeting adjourned at 10:37 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
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