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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
August 15, 2005
7:00 pm
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 AUGUST 1, 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 a Resolution Authorizing the Mayor and City Manager to
Execute a Short-form Development Agreement for Jeffers Pond Elementary School.
E. Consider Approval of Monthly Fire Call Report.
F. Consider Approval of a Resolution Authorizing Full and Final Payment to McNamara
Contracting, Inc. for the 2003 Street Improvement Project (City Project #03-11).
G. Consider Approval of a Cigarette License for Kwik Trip, Inc.
H. Consider Approval of a Resolution Authorizing the Mayor and City Manager to
Execute a Short-form Purchase Agreement for a 7' X 145' Strip of Land from L.B.J.
Grain.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A. Consider Approval of the Issuance of an Off-Sale Non-Intoxicating Liquor License for
Kwik Trip, Inc.
8. PRESENTATIONS:
A. Concept Plan for Bolger Property - Coen and Partners.
B. Contribution of $5,000 from the Friends of the Library - Dawn Glatzel-Beck.
C. Bill Schmokel - History of Nauck / Felix / Kop Farm.
9. OLD BUSINESS:
A. Consider Approval of a Resolution To Authorize Staff to Solicit quotes and Advertise
for Bids for Construction of Concessions / Restroom Building Additions and
Remodeling at the Ponds Athletic Complex.
B. Consider Approval of a Report Recommending How to Commemorate the Nauck I
Kop / Felix Farm and the City Hall / School Building.
10. NEW BUSINESS:
A. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter
Into a Joint and Cooperative Agreement Between the City and School District 719
Regarding the Development, Maintenance and Usage of City Park Property in Jeffers
Pond 1st Addition.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Community Events
12. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DRAFT
REGULAR COUNCIL MEETING MINUTES
August 1, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Fleming, LeMair, and Zieska, City Manager Boyles, Assistant City Attorney
Schmitt, Planning Director Kansier, Public Works Director Albrecht, Public Works Coordinator McCormick, Communications
Coordinator Oster, Assistant to the City Manager Meyer, and Administrative Assistant Green. Council member Petersen
was absent.
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.
Joe Bendzick addressed the Council regarding having an auto repair and retail business in a C4 or C5 district. He stated
that he and his sons own Pro Service Outdoor Power Equipment; Scott County has purchased their property and will
remove the present building; and Pro Service Outdoor Power Equipment is considering another site to conduct business
which Bendzick believes is zoned C4 or C5. Their business does not qualify for the proposed site due to the current zoning
not allowing service work. Bendzick is requesting the City to consider granting permission for their business to do service
work at the proposed site.
Comments:
LeMair: Queried the square footage of the proposed building, and whether or not Bendzick would be buying or leasing.
Bendzick: Replied that it is 7,000 square feet, and stated they did not want to commit until they knew where they could be
located. Stated that the Industrial Park is expensive; and his business may be able to move there in the future, but they are
not able to afford that now.
LeMair: Clarified that service meant the ability to repair the equipment the business is selling.
Bendzick: Affirmed. Stated they have another business that does auto repair and they would like to bring both businesses
together.
Zieska: Stated he favors staff researching the zoning consideration and advising Council of the pros and cons.
Fleming: Agreed.
Haugen: Asked about outdoor storage needs.
Bendzick: Stated he has no outdoor storage needs, the building is big enough to keep everything inside, and their
business intends to follow CUP rules.
Haugen: In favor of directing staff to research and bring back a recommendation to the Council.
MOTION BY ZIESKA, SECONDED BY LEMAIR, TO DIRECT STAFF TO PREPARE A REPORT EVALUATING THE
POSSIBILITIES OF ALLOWING A SERVICE USE IN THE OFFICE PARK C4 - C5 DISTRICT FOR THE COUNCIL.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
Zieska: Asked Bendzick when his business would vacate present site.
Bendzick: May 2006. Would prefer making a commitment to the proposed site within the next month or so.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
August 1,2005
Draft
Mark Anderson of 15611 Fish Point Road requested the City conduct a study to learn whether or not the City can get into
Internet broadband for the community. Gave the example of Chaska providing this service. Stated private vendors are
expensive, that everyone seems to need the service, and perhaps it could be provided as a low cost service by the City.
Anderson offered to serve on a steering committee.
Boyles: Commented that the 2030 Vision and Strategic Plan provides that the City will provide a technology plan for the
community. Something like this could be addressed in such a plan. There have been preliminary discussions with Savage
and there has been conversation about working cooperatively with Savage and possibly with Shakopee on such a project.
No action has been taken, but it is something to move forward with and a report can be given to the Council assessing the
pros and cons.
Fleming: Stated it is timely, and he is open to looking at options.
Zieska: We need to explore further.
LeMair: In favor of looking into it.
Haugen: Noted that Anderson's request has brought the issue forward and that is good.
Anderson: Commented that there would be people to help guide the City through technology selection; believes that
Chaska spent $3 million in capital and acknowledged that it is a big investment up front but believes that it would pay for
itself quickly.
APPROVAL OF AGENDA:
City Manager Boyles commented that Item 10C, Consider Approval of a Resolution Authorizing the Mayor and City
Manager to Enter into the City's Standard Purchase Agreement for the Purchase of a 60-Stall Parking Lot Located at
4635 Colorado, was added to the agenda after its initial distribution.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED BY STAFF.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
Mayor Haugen noted that at previous meetings it was discussed that there would be an agenda item dealing with the next
step of the Kop property and City Hall bridging the past and the future, but that due to scheduling conflicts it will be on the
August 15 agenda.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE THE JULY 18, 2005, MEETING MINUTES AS
PRESENTED.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska.
CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Resolution 05-135 Authorizing Safe & Sober communities Funding for the Period
October 1,2005, to September 30,2006.
C. Consider Approval of Monthly and Second Quarter Fire Call Report.
D. Consider Approval of Resolution 05-136 Authorizing the Purchase of a 2005 Ford Crown Victoria Police
Interceptor Squad Car Through the State Cooperative Purchasing Program.
E. Consider Approval of Resolution 05-137 Approving the Assignment of the Development Contract for the Plat
Known as Stemmer Ridge.
F. Consider Approval of Resolution 05-138 Authorizing the Terms of Internal Loans in Connection with Tax
Increment Financing Districts in Development District #2.
G. Consider Approval of a Temporary 3.2 Malt Liquor License for VFW Post 6208.
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City Council Meeting Minutes
August 1, 2005
Draft
Zieska: Commented that in June the Fire Department went on 106 runs.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS READ.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
PUBLIC HEARINGS:
There were no public hearings.
PRESENTATIONS:
Communications Report - 2030 Vision Publications
Communications Coordinator Oster commented that the 2030 Vision and Strategic Plan direction was for increased
information and education about the long-range planning for the City. A 2030 Vision and Strategic Plan newsletter has
been prepared. Oster outlined the plan document and how it was distributed to all Prior Lake addresses, and invited
residents to contact him if they did not receive the 2030 Vision and Strategic Plan document.
Comments:
LeMair: The document is put together well and is easy to comprehend.
Zieska: Stated this is a good way to communicate what is going on.
Fleming: The document does a great job of capturing all the discussions of the long-range planning commission.
Haugen: Asked if the document is a summary of the 2030 Vision and Strategic Plan, or if it is the entire document that was
agreed upon by the long-range planning committee.
Oster: Replied that the document is the entire plan.
Haugen: The document identifies the five-year goals as well as two-year objectives and specific strategies so people can
look for these items to be accomplished within a window of time, not over 25 years.
Oster: Commented that in October the Wavelength will be changed to be an insert in the PL American on a monthly basis
which will update a vision element in each issue.
Haugen: Asked what the advantages are of using PL American.
Oster: The PL American reaches 97% of our residents, monthly inserts will be less costly and the information will be more
current because there will be 12 issues rather than six.
Haugen: Stated that this will allow more residents to become aware of the City's direction for the future.
OLD BUSINESS:
Consider Approval of a Resolution Accepting the Bids and Awarding the City's Standardized Contract for the
Street Overlays as Identified in the 2005-2009 Capital Improvement Program.
Public Works Director Albrecht and Public Works Coordinator McCormick explained the differences between the two
options suggested for approval. Albrecht commented that part of the Capital Improvement Program postponed
neighborhood reconstruction projects for 2006 and 2007, which caused work on some streets that are in nearly unusable
condition to be delayed. He stated that the second option allowing the expenditure of contingency funds was offered as a
way to meet needs within limits of the budget The first options keeps the CIP on budget, the second option will take care of
streets that need work and use contingency money.
Comments:
LeMair: Stated he favored Option B.
Zieska: Agreed with Option B as the City needs to do a complete job on these neighborhoods. Commented that earlier in
the year Frost Point Circle residents opted to decline street work and it was allowed by the City since it is a dead end cul-
de-sac and only the residents are impacted, but the streets being considered at this meeting are through streets with heavy
traffic.
Fleming: Asked about the timeline impact if Option B streets were added to the project.
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City Council Meeting Minutes
August 1,2005
Draft
McCormick: Replied that the impact would be minimal and the completion date is anticipated to be the end of September.
Albrecht: Mill and overlay projects and resurfacing projects are quick. The projects were bid with the extra streets
included in the projected timeline.
Fleming: Stated that the contingency fund has ample funds and supports Option B.
Haugen: Asked if any contingency funds have been used this year.
Boyles: No.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.139, WHICH IS OPTION B,
ACCEPTING THE BIDS AND AWARDING THE CITY'S STANDARDIZED CONTRACT FOR THE STREET
OVERLAYS AS IDENTIFIED IN THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
NEW BUSINESS:
Consider Approval of a Resolution Authorizing the Conveyance of Certain Tax Forfeit Lands for Public Use.
Planning Director Kansier advised that the City received a list from Scott County of parcels that are forfeited to Minnesota
due to non-payment of taxes and that the parcels would be donated if the City can demonstrate the parcels serve public
use. Two parcels are on the list: a 15-foot lot intended for a trail access, but never deeded to the City; and, a portion of the
traveled Welcome Avenue right-of-way. She stated it is in the City's best interest to have the parcels in public domain so
they can continue to be used for public service.
Comments:
No comments.
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05.140 AUTHORIZING THE
CONVEYANCE OF CERTAIN TAX FORFEIT LANDS FOR PUBLIC USE.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
Consider Approval of a Resolution Accepting the Unified Transit Management Plan.
Assistant to the City Manager Meyer gave a summary of outstanding issues regarding the appropriateness of lots for Park
and Ride locations, service identity, system management and system operator, and funding. Council transit liaison Fleming
commented that a proposed park and ride lot site at Hwy 16 and 21 makes sense logistically, but cannot be accessed for 5-
7 years and the City would be encumbered with any improvements. Whether or not to purchase property outside of the City
limits also needs consideration.
Comments:
LeMair: Asked if the City should not contribute to the Hwy 16 & 21 park-and-ride lot at this time because of inability to
access for 5-7 years.
Fleming: Believes the City should not be bound by the proposal in the transit report from Scott County and it is not a good
use of funds at this time.
LeMair: Asked if it would be more costly to buy later and noted there may be advantages to not having the park-and-ride
lots in our community if it is property that cannot be taxed.
Fleming: Replied that the City would not need the additional site and studies show the City would have capacity to provide
transportation needs.
LeMair: Stated he believes it is alright if park-and-ride sites are not in Prior Lake. Other joint facilities are in the County.
The idea of a year-round Laker Lines services is intriguing because of limitations we have with parking downtown, and if
people could count on it the service would grow. Agreed with the concept of retaining funding control.
Zieska: Stated he would need more information before he could choose one site over another for a park-and-ride lot; for
example, the size of the proposed sites.
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City Council Meeting Minutes
August 1, 2005
Draft
Meyer: Replied one site is eight acres, which could accommodate an 11 DO-stall parking ramp. The other site is five acres
which is not as feasible for any kind of ramp. Stated that if the CR18 & Hwy 169 site is acquired, the County and Met
Council assume that a second lot could be supported at CR16 & 21. If the sites are considered too close together, the City
could consider a site within the City limits and eliminate the consideration of whether to purchase property outside the City
limits. The resolution proposed tonight allows for allocation of funding or site selection to come back to the Council for
approval.
Fleming: Commented that there are many access issues with the CR18 and Hwy 169 site.
Zieska: Stated he would want to look at adjacent land uses which could increase the tax base of the County if not the City;
and that we would probably pay more for two small lots rather than one large one. Access challenges can probably be
worked out and a location where the people live is important. He favors the CR18 and Hwy 169.
Meyer: Noted that Scott County, in conjunction with CR 21 project, is applying for federal CMAC funds to help with
construction of this lot, but not the acquisition of it.
Haugen: Stated that staff is making sure the interests of Prior Lake are being protected and it makes sense to take
advantage of strengths we've developed in our program.
MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.141 ADOPTING THE UNIFIED
TRANSIT MANAGEMENT PLAN WITH CONDITIONS.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into the City's Standard
Purchase Agreement for the Purchase of a 60.Stall Parking Lot Located at 4635 Colorado.
Assistant to the City Manager Meyer presented the purchase agreement and noted that, if approved, the purchase could
close by mid-August. She spoke of the implications of funding sources on the use of the lot and recommended that funding
be allocated from the contingency fund and the property be used for general parking purposes.
Comments:
Haugen: Asked if the monies from the contingency fund would be short term until it could be replaced with proceeds from
sale of two properties.
Boyles: Confirmed.
Fleming: Stated this is a great solution that addresses a lot of issues.
Zieska: Stated this is a classic win-win which provides a larger space for the park-and-ride lot and space for parking in
downtown.
LeMair: Agreed that for downtown to continue to redevelop, there is a need for parking. The Shepherd of the Lake space
will be a better park-and-ride lot.
Haugen: Concurred that expansion of successful businesses downtown will need more parking and this addresses the
parking challenges outlined in the 2030 Vision.
MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.142 AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO THE CITY'S STANDARD PURCHASE AGREEMENT FOR THE
PURCHASE OF A 60-STALL PARKING LOT LOCATED AT 4634 COLORADO AND DIRECTING STAFF TO
RELOCATE THE LAKER LINES PARK-AND-RIDE LOT.
VOTE: Ayes by Haugen, Fleming, LeMair, and Zieska. The motion carried.
OTHER BUSINESS/COUNCILMEMBER REPORTS
Commemoration of City Hall/School Building
City Manager Boyles displayed photos from the August 1 commemoration of the city hall / school building attended by
approximately seventy people. The commemoration event will be shown on PL TV 15.
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City Council Meeting Minutes
August 1,2005
Draft
Lakefront Days Announcement
City Manager Boyles outlined events planned for Lakefront Days and told viewers where they could get detailed
information. Suggested viewers should ride the Lakers Lines from shuttle locations to the Lakefront Parlt
National Night Out
The National Night Out will be held on Tuesday, August 2, at thirteen different neighborhood gatherings.
ADJOURNMENT
With no other comments from Council members, a motion to adjourn was made by Fleming and seconded by Zieska.
rned at 8:22 p.m.
Charlotte Green, Recording Secretary
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