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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
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July 18, 2005
7:00 pm
Fire Station No.1
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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 JUNE 20, 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 for June and the First Half of 2005.
D. Consider Approval of Animal Warden Monthly Report.
E. Consider Approval of a Body Art License for Jerome DeLeon.
F. Consider Approval of 2005 Second Quarter Investment Report.
G. Consider Approval of 2005 Second Quarter Budget Summary Report and General Fund Overview.
H. Consider Approval of a Temporary On Sale Intoxicating Liquor License for the Prior Lake Chamber of
Commerce for Lakefront Days.
I. Consider Approval of a Resolution Approving a Wetland Replacement Plan for Courtwood Village.
J. Consider Approval of a Resolution Approving the Final Plat and Authorizing Execution of the City's
Standard Development Contract for Courtwood Village.
K. Consider Approval of a Resolution Approving Full and Final Payment of the County Road 42 and 83
Intersection Project.
L. Consider Approval of a Resolution Approving an Agreement with MnDOT for Placement of a Sidewalk
in the Right-of-Way (City Project #05-01 - Candy Cove Trail/Hwy 13).
M. Consider Approval of a Resolution Authorizing Change Order #1 to City Project 05-01 (Franklin Trail)
Utility Improvements.
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Phone 952.447.4230 / Fax 952.447.4245
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A. Consider Approval of an Ordinance Annexing 5.08 Acres of Property in Section 10 of Spring Lake
Township Pursuant to M.S. 414.033 (Goodlund).
B. Consider approval of an Ordinance Annexing 5.47 Acres of Property in Section 10 of Spring Lake
Township Pursuant to M.S. 414.033 (Barber).
8. PRESENTATIONS:
A. Status Report Police Station / City Hall Project
. Description of New Buildings
. Timing and Relocation of City Offices
· Commemoration of City Hall/School Building
· Report Regarding Preservation of Elements of Kop Building and Old City Hall
B. Chamber of Commerce - 2005 Prior Lake Lakefront Days.
9. OLD BUSINESS:
A. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement
for Bids for the Police Station / City Hall Project.
B. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction
Contract for Street Overlays as Identified in the 2005-2009 Capital Improvement Program.
C. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement
for Bids for Wells 8 and 9 as Identified in the 2005-2009 Capital Improvement Program.
D. Consider Approval of a Report Regarding the Development of City Properties: 1) Main Avenue and
Hastings; and 2) Franklin Trail and Park Nicollet
E. Consider Approval of a Resolution Authorizing the Sale of $2.5 Million General Obligation Improvement
Bonds Series 2005C.
F. Consider Approval of a Resolution Approving the Assignment of TIF Note and Development Agreement
with Onsite Engineering (TIF District 4-1 in Deerfield Industrial Park).
G. Consider Approval of a Resolution Denying a Petition Requesting an Environmental Assessment
Worksheet (EA W) for Excavation of Sand and Gravel for Ryan Contracting on Property Located on
McKenna Road.
10. NEW BUSINESS:
A. Consider Approval of an Ordinance Approving Rezoning 21.16 Acres from A to R-1 and Approval of a
Resolution Approving a Preliminary Plat to be Known as Wilds Ridge North.
B. Consider Approval of a Resolution Approving a Conditional Use Permit to Allow an Amateur Radio
Antenna to Extend 25 Feet Above the Structure Height.
C. Consider Approval of a Resolution Accepting Quotes and Authorizing Execution of the City's
Standardized Construction Contract for the 2005 Trail Improvement Project.
D. Consider Approval of a Resolution Identifying the Need for Livable Communities Demonstration
Account Funding and Authorizing an Application for Grant Funds.
E. Consider Approval of an Ordinance Amending Section 105.300 of the Prior Lake City Code Relating to
Salaries of the Mayor and City Council.
F. Request for authorization of Settlement Agreement and Development Agreement for City of Prior Lake
vs. Ryan Contracting
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Community Events
12. ADJOURNMENT
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DRAFT
REGULAR COUNCIL MEETING MINUTES
June 20, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Fleming, LeMair, Petersen, and Zieska, City Manager Boyles, City Attomey
Pace, Planning Director Kansier, City Engineer Albrecht, Community Development Director Sullivan, Public Works Director
Osmundson, Street and Utilities Supervisor Eldred, Communications Coordinator Oster, Assistant to the City Manager
Meyer, Administrative Assistant Green and Pat Ciliberto, Scott County Attorney
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 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:
City Manager Boyles proposed two changes to the agenda: removing Item 5J, Consider Approval of a Resolution
Approving the Assignment of Development Contract for the Plat Known as Wilds North 4th, at the request of the petitioner;
and adding Item 10F, Consider Approval of an EAW Extension for the Ryan CUP.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY PETERSEN, SECONDED BY ZIESKA TO APPROVE THE JUNE 6, 2005, MEETING MINUTES AS
PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. LeMair abstained due to his absence at the June 6 meeting. 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.
D. Consider Approval of Animal Warden Monthly Report.
E. Consider Approval of Monthly Fire Call.
F. Consider Approval of Refuse Hauler Permit Renewals for 2005-2006.
G. Consider Approval of Resolution 05.108 Approving 2005-2006 Liquor License Renewals.
H. Consider Approval of Resolution 05.109 Approving an Interest Community Number 1151(Tower Place
Condominiums) C.l.C. Plat
I. Consider approval of Resolution 05.110 Approving a Wetland Mitigation Plan for Maple Glen 2nd Addition.
J. Removed from the consent agenda.
K. Consider Approval of:
1) Resolution 05.111 Approving Scott County Plans to Improve CR12 Realignment Section SAP 70-612-09.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
June 20 2005
Draft
2) Resolution 05.112 Restricting Parking on CR12 Realignment Section SAP 70-612-09.
L. Consider Approval of Resolution 05.113 Approving an Encroachment Agreement for the Installation of a
Fence in a Sanitary Sewer, Water and Storm Drain Easement.
M. Consider Approval of Resolution 05-114 Authorizing Full and Final Payment to Michel's Corporation for the
2004 Sanitary Sewer City Project #04-06.
N. Consider Approval of Massage Therapy License for Nougnut Nongnoi.
O. Consider Approval of Resolution 05.115 Approving the Payment to McCarthy Well Company for Labor and
Materials for the Repair of Well NO.3.
P. Consider Approval of Resolution 05.116 Authorizing Additional Expenses for the Installation of Floating Boat
Slips for Watzl's Beach.
Comments:
No Comments.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE THE CONSENT AGENDA AS READ.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried.
PUBLIC HEARINGS:
Consider Approval of a Resolution Vacating Drainage and Utility Easements Located on Outlot B Deerfield
Industrial Park.
Planning Director Kansier presented the proposed resolution stating that the City wants the existing easement vacated so a
new easement can be approved with final plat and plans to transfer one easement to the next. Vacating the easement does
not constitute approval of a development plan for this site.
RECESS
Mayor Haugen called a recess at 7:12 p.m. to allow staff time to correct technical broadcasting problems.
RECONVENE
The meeting reconvened at 7:19 p.m.
Comments:
LeMair: Asked how large an area the development is.
Kansier: Approximately four acres.
MOTION BY FLEMING, SECONDED BY PETERSEN TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried and the public hearing opened at 7:20
p.m.
MOTION BY PETERSEN, SECONDED BY FLEMING TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried and the public hearing closed at 7:21
p.m.
Comments:
Fleming: No comment.
Petersen: Kansier explained it and the Planning Commission has approved it so will support it.
Zieska: No comment.
LeMair: This makes sense.
Haugen: Corrected the date of Planning Commission approval on accompanying documentation.
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MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.117 PROVIDING FOR THE
VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON OUTLOT B, DEERFIELD
INDUSTRIAL PARK.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried.
PRESENTATIONS:
Pat Ciliberto, Scott County Attorney, regarding methamphetamine in Scott County.
City Manager Boyles introduced Pat Ciliberto, Scott County Attorney, and indicated this information about Scott County
experiences with methamphetamine was presented to S.CAL.E. Ciliberto announced there would be a meth task force
kick-off meeting on June 22. He related meth use statistics for the County and described the effect meth has on users, its
cost in terms of taxpayer dollars and social impact, materials and methods of meth manufacture along with the criminal
statistics that are directly impacted by meth users. The meth task force will take a multi-jurisdictional approach with
representatives from schools, cities, hospital staff, etc. Ciliberto asked for the support of the Prior Lake City Council.
Comments:
LeMair: Noted that Target stores have changed the way they are selling cold medicines and asked if the County could
initiate a law on how to sell those products.
Ciliberto: Replied that one of the things the task force hopes to do is have a County-wide ordinance; however, a recent
legislative session passed a bill stating local government cannot preempt the legislature - so the County cannot do
anything as a community regarding pseudophederine different from what the legislature dictates.
Zieska: No comment.
Petersen: It is an addictive drug - so dangerous. Plead with kids to not try it at all.
Ciliberto: Made two presentations at high schools. Agreed with Petersen that it can be addictive on the first try. Most
meth is coming in from the southwest and Mexico and meth labs are constantly changing the composition - there is no
quality control.
Petersen: Commented that meth manufacturers try to cook it in fish houses on the lake in the wintertime, and legislature
determined that they cannot walk in and check them - it is like their home.
Ciliberto: Concurred that meth labs are portable and can be run out of a car, a fishhouse, a garage, etc.
Fleming: Commented the presentation is a sobering reminder and asked if meth users cross age lines as well as socio-
economic lines.
Ciliberto: Affirmed and referred to a Spring Lake Township incident where the victim and perpetrators ages were in the
40's and 50's.
Fleming: Stated that he hopes that Ciliberto would let the Council know how it can assist from a policy perspective or
anything the Council can do to assure that training and prevention is happening for both kids and adults.
Haugen: Commented about the SCALE meeting presentation and stated the graphics are impactful. Hopes that task force
emphasis and activities will be focused on education and awareness of ramifications of use.
Presentation to Bud Osmundson.
City Manager Boyles announced that Bud Osmundson accepted a position with the City of Burnsville as City Engineer and
Public Works Director. Boyles outlined Bud's achievements during his employment with Prior Lake and Mayor Haugen
presented a plaque to Bud in appreciation for his many accomplishments and thanked him for his years of service.
Comments:
Petersen: Complimented Bud on his sense of humor.
Zieska: Thanked Bud for his help with public works questions.
LeMair: Thanked Bud for his years of hard work.
Fleming: Offered best wishes.
Haugen: Stated key to a good City Council is quality staff and Bud epitomizes that.
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City Council Meeting Minutes
June 20 2005
Draft
Boyles: Announced that, effective June 23, Steve Albrecht will become the Director of Public Works and City Engineer in
Prior Lake.
Presentation of an Automatic External Defibrillator (AED) from St. Francis Foundation.
Police Chief O'Rourke introduced Bonnie McLaughlin from the St. Francis Hospital Auxiliary. She presented an AED from
the Auxiliary to the City of Prior Lake. She informed the Council that the communities serviced by St. Francis provide the
funding for this 13th AED presentation. The Auxiliary is a funding agency that follows the mission of the hospital and
provides service and education to the surrounding communities.
RECESS
Mayor Haugen called a recess at 7:55 p.m. to allow staff time to correct technical broadcasting problems.
RECONVENE
The meeting reconvened at 8:05 p.m.
Update on Police Station I City Hall Project.
Due to broadcasting difficulties, the update on the police station / city hall project will be deferred to the July 18, 2005, City
Council meeting.
OLD BUSINESS:
Consider Approval of a Resolution Approving a Revised Standard Development Contract.
City Engineer Albrecht explained that the standard development contract is the basis for every development in the City and
defines the legal relationship. The boilerplate contract has been reviewed by all City departments and the City Attomey and
the modifications are proposed to clarify and simplify some sections as well as update the NPDES requirements. The
contract will formally include trunk fees and identifies the basis for the fees.
Comments:
Fleming: No comments.
Petersen: What has been done hits all the bases and will accept it.
Zieska: Prior Lake has been the leader in having a standardized development contract. It simplifies the development
process and makes it more clear and objective for everyone.
LeMair: Takes all the second guessing out of it with clear, concise language.
Haugen: Congratulated the City Attorney, City Engineer and City Manager for providing the leadership with SCALE and
BA TC to create an area of standardization between cities in the County as well as developers.
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-118 APPROVING A REVISED
STANDARD DEVELOPMENT CONTRACT.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of a Plan for the Two-Story Building Located at 16000 Main Avenue.
City Manager Boyles reported on conversations with historical society representatives and informed the Council that the
City is not required to conduct a historical evaluation on the house, but that one can be requested. Quotes for demolition of
the building have not yet been received.
Comments:
Haugen: asked Council to evaluate a number of alternatives: removal; historical preservation; or, deal with the question of
how we can preserve heritage of the oldest building in Prior Lake and preserve historical perspective of the family. He
asked the Council to evaluate and see if there is some way to preserve elements of the building and incorporate them into
some other type of structure that would provide for a long-term historical presence.
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LeMair: Stated he has toured the farm and believes it may be difficult to preserve the house but that it has a place in the
community. He suggested that Staff decide what could be salvaged for some community structure and find a way to make
it an asset of the community. Personal effects should be removed as soon as possible.
Zieska: Concurred that it may be difficult to preserve the whole structure, but would support preserving some part of it for
history at some future location.
Petersen: Commented on the pictures in City Hall of previous city buildings. Stated that this house is in an important part
of the park and preserving a significant portion of the house would be tough. An option would be to display pictures. A
monument representing the house or trying to preserve part of it would be expensive.
Fleming: Has visited the property and responded to letters, e-mails and phone calls from citizens. Stated he is open to
viable options, but does not want to extend risk for the City. Wants to have information on what would be preserved and
what would be demolished to make an informed decision.
Haugen: Proposed that funding a solution could come from the private sector. Stated that four of five outbuildings have
already been removed and the pump house needs to be removed immediately. The risk of the house can be managed as
soon as the personal property is out. Stated the City has an obligation with the house and the current city hall to preserve
heritage and challenged the Council to preserve the small-town feel and the heritage of the community.
Fleming: Reiterated that he does not want to perpetuate future risk and respects staff determination that the house is a
hazard, and that the Staff was directed to bring the Council a plan for removal of the house.
Haugen: Clarified that the motion from the previous meeting was for removal of the house.
LeMair: It is important to be able to research and document the history of the community and this property is an
opportunity to do that. The house will need to come down in the near future; it can be secured so documentation of its
current state and building materials that were used can be made; and materials can be categorized for reuse, ie bricks,
timbers, retaining walls. He suggested having someone take these pictures, document it and move on.
Fleming: Concurred.
LeMair: Stated the Building Official is not at this meeting to comment, but he believed that declaring it a building that is
hazardous to live in is different than securing the building while plans are completed.
Zieska: Agreed that historical aspects of the house and the current City Hall should be preserved. Stated the Council
should direct staff to come up with viable plan to preserve elements of the Kop home site and City Hall by the first meeting
of August.
Petersen: Sought clarification on what would be accomplished by keeping a brick or timber from either of the buildings.
LeMair: Replied that perhaps some sort of gazebo could be built, and suggested that an architect could come up with
ideas and the Council could choose what to do.
Zieska: Suggested that staff could work with a historical society, perhaps elements of the building could be incorporated in
the heritage room at the library or the Scott County Historical Society.
Fleming: Agreed there should be a timeframe on a solution and a plan could be made to secure the building in the
meantime.
Zieska: Suggested early August of 2005 since the current City Hall will be demolished soon thereafter.
Haugen: Suggested having the total plan in place by the first meeting in August, including the financing mechanism; but in
the interim, do something to minimize the risk at that site.
Fleming: Agreed.
MOTION BY ZIESKA, SECONDED BY FLEMING TO DIRECT STAFF TO TAKE THE NECESSARY STEPS TO SECURE
THE TWO-STORY BUILDING LOCATED ON THE FORMER KOP PROPERTY AND, BY THE FIRST COUNCIL MEETING
IN AUGUST 2005, COME UP WITH A VIABLE PLAN TO PRESERVE SIGNIFICANT ARCHITECTURAL ELEMENTS OF
BOTH THE TWO-STORY STRUCTURE (AFTER ALL PERSONAL EFFECTS ARE REMOVED) AND THE PRESENT CITY
HALL STRUCTURE.
Jesse Kop Juola was present at the meeting and indicated all personal property could be removed by Friday, June 24,
2005.
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City Council Meeting Minutes
June 20 2005
Draft
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
NEW BUSINESS:
Consider Approval of a Resolution to Approve Plans and Specifications and Authorize Staff to Advertise for Bids
for Street Overlays as Identified in the 2005-2009 CIP.
Streets and Utilities Supervisor Eldred presented the proposal, which is part of the Capital Improvement Program, and
identified which streets will receive overlay construction in 2005.
Comments:
Fleming: Stated this is part of an ongoing process and will support it.
Petersen: Commented that an overlay will preserve the street for 10-12 years and asked what would be done if parts of the
street or curb are broken up.
Eldred: Replied that base work and curb replacement would be completed where needed.
Zieska: Concurred that it is an ongoing process and will support it.
LeMair: Supports it.
Haugen: Supports it.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-119 TO APPROVE PLANS AND
SPECIFICATIONS AND AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR STREET OVERLAYS AS IDENTIFIED IN
THE 2005-2009 CIP.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of an Ordinance Amending the Zoning Map for Property Located at 4600 - 4626 Dakota Street
from Low to Medium Density Residential (R-2) to Specialty Business (C-3).
Planning Director Kansier presented the proposed amendment which appropriately zones property where the new City Hall
building is proposed to be built.
Comments:
LeMair: No comment.
Zieska: This completes another step in the building process.
Petersen: Concurs it is a necessary step.
Fleming: Supports it.
Haugen: Supports it.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE ORDINANCE 105-15 AMENDING SECTION 1101.700 OF
PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of an Ordinance Allowing the Use of Public Sidewalks for Sidewalk Sales.
City Manager Boyles presented the proposed ordinance that will allow vendors to place wares for sale outside of their
establishment.
Comments:
Fleming: Asked what the typical width of a sidewalk is.
Boyles: Five feet - the sidewalks referred to are in excess of five feet.
Fleming: Asked if that is adequate space for a merchant to display its wares.
Boyles: Affirmed that it is and stated the ordinance requires a diagram of the area so the vendor can show how its
merchandise display relates to entry and exit doors and streetscaping. The diagram is used to determine issuance of
permit.
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Petersen: Stated that putting merchandise outside adds to the small town feel of Prior Lake and makes it more hometown.
Zieska: Agreed that it would be pedestrian-friendly and enjoyable.
LeMair: Supports it and clarified that this is for sidewalks only, not street or curbs.
Haugen: Will support it.
MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE ORDINANCE 105.16 ALLOWING THE USE OF PUBLIC
SIDEWALKS FOR SIDEWALK SALES.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of a Resolution Accepting the Unified Transit Management Plan.
City Manager Boyles requested that this agenda item be deferred to the next Council meeting since technical problems
prevented the television audience from hearing the broadcast.
MOTION BY ZIESKA, SECONDED BY FLEMING TO DEFER ACTION ON THE UNIFIED TRANSIT MANAGEMENT PLAN
UNTIL THE JULY 18, 2005, COUNCIL MEETING BECAUSE OF TECHNICAL PROBLEMS.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of an Ordinance Amending Section 105.300 of the Prior Lake City Code Relating to Salaries of
the Mayor and City Council.
Mayor Haugen proposed deferring the ordinance amendment regarding Mayor and Council salaries until the next meeting
due to technical broadcasting problems.
MOTION BY FLEMING, SECONDED BY ZIESKA TO DEFER AGENDA 10E UNTIL THE JULY 18, 2005, COUNCIL
MEETING BECAUSE OF TECHNICAL BROADCASTING PROBLEMS.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
Consider Approval of an EAW Extension for the Ryan CUP.
City Attorney Pace stated the Council has received a petition for a supplemental environmental assessment worksheet from
SMSC regarding the Ryan Contracting Company Mining Proposal. If the Environmental Quality Board designates the City
as the responsible governmental unit (RGU) under Minnesota Rule 4410.1100, subpart 7, the City would have 15 days to
decide on a need for an EAW. She stated the Council needed to decide tonight to whether or not to extend the 15-day
period another 15 days because of the risk that the initial 15-day period will expire before the Council's next regularly
scheduled meeting. City staff recommends the Council grant the extension the additional 15 days so that it will have
additional time, if needed, to consider the decision on whether the EAW is appropriate.
Comments:
LeMair: Believes it needs to be extended the additional 15 days because it is the best alternative right now.
Zieska: Sought clarification and restated that someone petitioned the EQB for a supplemental EAW for this CUP even
though one had already been done on this project at the time the application was made.
Pace: Affirmed and stated that if the EQB designates that the City is the responsible governmental unit, the City Council
would hear testimony to determine whether or not it believes an additional EAW is necessary. The additional 15 days
preserves the opportunity to thoughtfully discuss and determine the basis for a decision on whether or not a supplemental
EA W is needed.
Petersen: Concurred the Council needs to grant the extension to make the process work.
Fleming: Will support it.
Haugen: Will support it.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO EXTEND THE TIME PERIOD FOR EXAMINING THE NEED FOR
AN EAW BY 15 DAYS THROUGH JULY 20.
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City Council Meeting Minutes
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Draft
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
OTHER BUSINESS I COUNCIL MEMBER REPORTS
No other business was brought before the Council.
ADJOURNMENT
With no other comments from Council members, a motion to adjoum was made by Zieska and seconded by LeMair.
With all in favor, the meeting adjourned at 9:00 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-XX
DENYING A PETITION FOR THE PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) FOR THE EXCAVATION OF SAND AND GRAVEL ON THE
MCKENNA PROPERTY
MOTION BY:
SECOND BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Ryan Contracting has proposed to excavate sand and gravel from 12.91 acres of
the property located on the north side of McKenna Road, 1,4 mile north of CSAH
42; and
On January 19, 2000 the City of Prior Lake received a petition requesting an
Environmental Assessment Worksheet (EAW) be completed prior to approval of
a Conditional Use Permit (CUP) for Ryan Contracting; and
On February 7, 2000, the City Council reviewed all pertinent information including
the petition, rebuttal from Ryan Contracting, and staff review regarding the
petition, and ordered the preparation of an EAW; and
Pursuant to Minn. R. 4410.1100, the City of Prior Lake prepared an
Environmental Assessment Worksheet (EAW) for this proposed project; and
On February 20, 2001, the City Council made a negative declaration of the need
for an environmental impact statement based on the criteria established in
Minnesota R. 4410.1700, and that the project does not have the potential for
significant environmental effects; and
Based on the EAW and the comments to it that were received, City staff
substantially increased the number and nature of conditions that they urged the
Council to include in the CUP; and
On February 27, 2001, the City Council adopted Resolution 01-19, which
approved a CUP subject to many conditions; and
Fifteen of those conditions needed to be satisfied before the CUP would become
valid; eight additional conditions needed to be satisfied before Ryan could begin
work; fourteen additional conditions needed to be satisfied by Ryan on an on-
going basis; and
The CUP could be valid for only one year, and was subject to renewal upon
application; and
In litigation commenced by the SMSC in 2001, the Court upheld the City's
www.cityofpriorlake.com
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Phone 952.447.4230 / Fax 952.447.4245
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negative declaration, finding that no further environmental review was necessary,
and denied the SMSC's request to prevent mining operations, but imposed
several additional conditions on Ryan's operations to mitigate potential
environmental impacts; and .
In January 2004, after staff concluded that Ryan had not satisfied the
preconditions to the validity of the CUP within that period, the City cancelled the
CUP; and
In its suit, Ryan challenged the City's conclusions and procedures, and
contended that the City lacked statutory authority to impose a one-year term on
the CUP or a requirement that an applicant use a CUP within a one-year period;
and
Settlement discussions occurred in Ryan's suit, that culminated in the drafting of
a Settlement Agreement; and
The concept behind the draft Settlement Agreement, is that, if Ryan were to
satisfy within a specified period all of the preconditions to Ryan's ability to use the
2001 CUP set forth in that CUP, the City would reinstitute the 2001 CUP, but the
City would hold Ryan to the same conditions imposed in the 2001 CUP, plus the
conditions imposed by the Court in its 2002 Order; and
As part of the draft Settlement Agreement, Ryan would waive its ability to
challenge the legality of the terms of the 2001 CUP and the draft Settlement
Agreement, including the one-year period of validity; and
On June 20, 2005, a petition for an Environmental Assessment Worksheet
(EAW) was received by the City of Prior Lake to require preparation of a
supplemental EAW prior to the excavation of the McKenna site by Ryan
Contracting ; and
At its June 20, 2005 meeting, the Prior Lake City Council extended the 15-day
deadline to act on the EAW Petition by an additional 15 days pursuant to Minn. R.
4410.1100 subp. 7; and
Staff reviewed Minnesota Statutes, Environmental Quality Board (EQB)
guidelines and documents, the petition dated June 20, 2005 and other
submissions; and
Minnesota Rules Section 4410.1000, subp. 5, addresses when a new EAW is
required, and states "If after a negative declaration has been issued but before
the proposed project has received all approvals or been implemented, the RGU
determines that a substantial change has been made in the proposed project that
may affect the potential for significant adverse environmental effects, a new EA W
is required", and
Staff evaluated the petition based on the rules; and
On July 18, 2005, the City Council reviewed all pertinent information including the
petition and staff review regarding the Petition.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that it hereby
denies the request by petition to prepare a supplemental EAW prior to allowing the excavation of
sand and gravel on property located in the SE quarter of Section 22, T 115, R 22 with the following
findings:
FINDINGS
1. An Environmental Impact Statement is not automatically required for the excavation of sand and
gravel on 12.91 acres (project site).
2. The preparation of an Environmental Assessment Worksheet (EAW) and the comments received
on the EAW in 2000 generated information adequate to determine whether the proposed
development has the potential for significant environmental effects, resulting in a negative
declaration on the need for an Environmental Impact Statement in February 2001.
3. The District Court for Scott County upheld the City's negative declaration in 2002.
4. Minnesota Rules Section 4410.1000, subp. 5, addresses when a new EAW is required, and
states "If after a negative declaration has been issued but before the proposed project has
received all approvals or been implemented, the RGU determines that a substantial change has
been made in the proposed project that may affect the potential for significant adverse
environmental effects, a new EAW is required."
5. Rule 4410.1000, subp. 5 provides the most specific indication in the governing statute and
implementing rules of how the City as Responsible Governmental Unit should decide whether to
order a new EAW.
6. After the EAW was completed in 2000, the project was subjected to numerous additional
conditions intended to mitigate the potential adverse environmental impact of the project. The
City substantially increased the number and nature of the conditions included in the conditional
use permit (CUP) prior to its adoption in February 2001. In addition, the District Court imposed
several additional conditions on Ryan's operations in 2002.
7. Those additional conditions were imposed for the purpose of mitigating potential environmental
impacts of the project.
8. The draft Settlement Agreement is designed to preserve all of the conditions that Ryan was
required to satisfy in the 2001 CUP and in the Court's 2002 Order, and to keep the project from
changing in a manner that would give rise to a new kind of potential environmental impact that
the City had not already studied.
9. A substantial change has not been made in the proposed project that may affect the potential for
significant adverse environmental effects, so pursuant to Minn. R. 4410.1000, sup. 5, a new
EAW is not required.
10. Since the 2000 EAW was performed, an environmental assessments has been completed for the
Jeffers Pond Development. An EAW is currently being completed for the Shepherd's Path
development.
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11. The petition for the EAW, and other written submissions in support of the Petition, did not contain
any new material evidence and information that the City Council finds raises serious concerns
that the proposed sand and gravel mining operation may create the potential for significant
environmental impacts that have not already been studied. .
12. The attached Findings of Fact and Conclusions were adopted as part of Resolution #01-16, and
are incorporated herein as Exhibit A as if fully set forth.
13. Said potential for significant environmental impacts have been previously addressed and do not
warrant further review.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby denies a petition of request to
require an EAW be conducted in association with the approval of a CUP for Ryan Contracting to allow
the excavation of sand and gravel. This denial constitutes a dismissal of the Petition within the
meaning of Minn. R. 4410.3100 subp. 1.
Staff is hereby directed to prepare notices of this decision and deliver within five (5) working days to
the petitioner's representative and the EQB. Any aggrieved party may appeal the decision in district
court within 30 days of the date the this resolution is adopted.
Passed and adopted this 18th day of July, 2005.
YES
NO
Haugen
Fleming
LeMair
Petersen
Zieska
Haugen
Fleming
LeMair
Petersen
Zieska
{Seal}
City Manager,
City of Prior Lake
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