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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
December 19, 2005
7:00 pm
Fire Station No.1
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
2. 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.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF NOVEMBER 9, 2005 MEETING MINUTES:
CONSIDER APPROVAL OF DECEMBER 5, 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 Report.
E. Consider Approval of Fire Call Report.
F. Consider Approval of a Resolution Authorizing the Initiation of Civil Enforcement Actions.
G. Consider Approval of a Resolution Authorizing Full and Final Payment to Northwest Asphalt, Inc. for the
2004 Street Improvement Project (Project 04-11).
H. Consider Approval of Resolution Calling For a Public Hearing on the Establishment of the
Redevelopment Program for Redevelopment District 5; the Proposed Establishment of Tax Increment
Financing District 5-1; the Proposed Adoption of the' Tax Increment Financing Plan Therefore, and the
Proposed Awarding of a Business Subsidy (Premiere Dance Academy).
I. Consider Approval of 2006 Cigarette license Renewals.
J. Consider Approval of Temporary On Sale Intoxicating liquor license for the Church of St. Michael.
K. Consider Approval of Body Art License Renewal for Jerome DeLeon.
L. Consider Approval of 2006 Renewal Massage Therapy Licenses
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Phone 952.447.4230 / Fax 952.447.4245
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A. Ordinance Adopting Sections 312. 313 and 314 of the Prior Lake City Code Establishing Gas and
Electric Franchises and Franchise Fees.
8. PRESENTATIONS:
A. Communications Report - Electronic News
B. Recognition for Outgoing Councilmembers and Advisory Committee Members
9. OLD BUSINESS:
A. Consider Approval of a Resolution Adopting the 2006 Operating Budget and Enterprise Budgets, and
Certifying Final Property Tax Levy to Scott County.
B. Consider Approval of a Report Regarding the Sand Point Beach Americans With Disabilities Accessible
Playground Equipment Upgrade.
C. 1. Consider Approval of Proposed Amendment to Ryan Contracting Settlement Agreement.
2. Consider Approval of a Resolution Rescinding' Cancellation of the CUP and Clarifying Through
Recision the Intention and Effect of Resolution 05-134.
D. Consider Approval of City Manager Employment Agreement for 2006.
10. NEW BUSINESS:
A. Consider Approval of A Resolution Authorizing:
1. Xcel Energy to Bury the Overhead Powerlines Along Dakota Street and Hastings Avenue;
2. Advertisement for Bids for Commercial Electrical Connections Required for Overhead Power Burial.
B. Consider Approval of a Resolution Approving a Local Government Aid Agreement with the Shakopee
Mdewakanton Sioux Community.
C. Consider Approval of a Resolution Ratifying a 2006~2008 Collective Bargaining Agreement for LELS
Local 1 00.
D. Resolution Approving Standard Gas and Electric Franchise Agreements with Centerpoint Energy, Xcel
Energy, Minnesota Valley Electric and Shakopee Public Utilities Commission.
E. Consider Approval of Change Order #1 to the Police Station / City Hall Project.
F. Consider Approval of a Resolution Authorizing the Staff to Proceed With the Implementation of 2006
Capital Improvement Project.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Community Events.
12. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
November 9, 2005
DRAFT
SPECIAL COUNCIL MEl:TING MINUTES
November 9,2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers LeMair and Petersen, City Manager Boyles, Finance Director Teschner,
Assistant to the City Manager Meyer, Communications Coordinator Oster and Administrative Assistant Green. Council-
member Zieska was absent from the meeting due to out-of-town travel, and Councilmember Fleming was absent due to a
conflicting meeting.
Consider Approval of a Resolution Canvassing the Returns of the City of Prior Lake 2005 Municipal Election
Finance Director Teschner noted that returns must be canvassed within 48 hours of the election. Results of each precinct
were reviewed.
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A MOTION WAS MADE BY LEMAIR, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-183 CANVASSING
THE RETURNS OF THE CITY OF PRIOR LAKE 2005 MUNICIPAL ELECTION.
VOTE: Ayes by Haugen, LeMair and Petersen. Fleming and Zieska were absent. The motion carried.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by LeMair, and seconded by Petersen.
With all in favor, the meeting adjourned at 5:04 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
wwyv.cityofpriorlake .com
Phone 952.447.4230 / Fax 952.447.4245
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
December 5. 2005
Draft
REGULAR COUNCIL MEETING MINUTES
December 5, 2005
CALL TO ORDER:
Present were Mayor Haugen, Councilmembers Fleming, LeMair and Zieska, City Manager Boyles, City Attorney Pace,
Public Works Director/City Engineer Albrecht, Planning Director Kansier, Finance Director Teschner, Communications
Coordinator Oster and Administrative Assistant Green. Councilmember 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.
Mark Kreissler, (14561 Alabama Avenue, Savage) Announced his interest in opening Triple Play Sports in Prior Lake.
It is a skills improvementltraining/entertainment facility. Has interest in a three-acre lot in Deerfield Industrial Park that is
zoned C-5. The purchase agreement is contingent upon Prior Lake being in agreement with the business plan and
building. Described the business, potential revenue and potential users. Stated that he will be petitioning for a modifi-
cation of the zoning ordinance to allow this use as a permitted use in the C-5 district.
Comments:
LeMair: Asked how many people might be using the facility at one time.
Kreissler: Replied that they expect 50-100 maximum at one time and noted that 150 parking spaces are planned.
Haugen: supported the concept and advised Kreissler to work with staff.
JohnTitus (5331 Frost Point Circle) Displayed a rusted and broken piece of water main hardware removed from Fish
Point Road during the reconstruction project this summer. Stated he was told that the sewer line in Frost Point Circle
would not receive plastic lining because five services from that line are faulty and would make repair impossible.
Asked the Council to consider replacement of water services and repair the sewer even though the neighborhood asked
to be removed from the project earlier this year. Believes that in light of damage discovered when digging for the pro-
jects that were completed, that there is adequate reason to consider at least water and sewer repair.
Comments:
Fleming: Noted that quality and adequate services for residents is needed and thanked Titus for his presentation. Sug-
gested this be a discussion item at the beginning of the year.
Titus: Noted that he was not aware that the neighborhood utilities had serious problems when the reconstruction pro-
ject was proposed.
Zieska: The visual display validates need. Noted that staff and Council expressed grave concern about the condition
of the water mains, but the neighborhood was still opposed to complete reconstruction. Stated he is opposed to any-
thing but complete reconstruction. If project is done in the future, the cost will likely have escalated and taxpayers of the
City should not have to pay any more than it would have cost if the work had been completed when planned. Believes
neighbors should pick up any cost above and beyond the cost of this year's project. Noted the neighborhood was op-
posed to the reconstruction believing the existing lines should last 100 years and asked the Council to not complete the
project.
www.cityofpriorlake.com
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Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
December 5, 2005
Draft
Titus: Stated that perhaps the new hardware would last 100 years, old ones do not.
Zeiska: Invited the neighborhood to revisit the meeting minutes and note that staff talked about the difference in prod-
ucts used in the 1970's compared to today. Reiterated that the City taxpayers should not have to pay the extra cost of
delayed work.
LeMair: Concurred with Zieska remarks that it would need to be full reconstruction. Had voted against dropping the
project. If it is feasible to revisit in a short time, should do so to keep homes safe and in good condition.
Titus: Commented that contractors are looking for small projects in early spring and perhaps it could be scheduled for
that time at not too much additional cost.
Haugen: Noted that there were several meetings with the neighborhood during the planning phase; and now they are
seeing the benefit of having a degree of trust and confidence in profeSSional staff. Noted technology has changed and
now projects can be an investment in the long term of the community.
Michelle Boeck (2490 Spring Lake Road SW, Shakopee). States she owns Lot 18, Butternut Beach. CR12 project
impacts her parcel during several phases of construction. Noted there is no right of way easement or acquisition on the
parcel, but the construction crew has repeatedly trespassed on the property. On September 23, she asked construc-
tion company and staff to not trespass on the property until an easement was acquired. Requesting city staff be di-
rected to review how this occurred and come up with an action plan. Feels lack of respect of her property ownership.
As of Friday, the city arranged to have snow fence marking property. Asked why construction was allowed prior to
easement being obtained and why there was no contact from Scott County right of way agent prior to construction.
Asked why contractors have a map showing an easement and why the homeowner should have to notify them that there
is no easement. Expressed dismay about road closure dates and severance of gas line which resulted in no heat. Be-
lieves there could have been better process to assure residents are taken care of. Stated Council should address why
future residents are given more consideration than current residents. Wants staff to provide her with maps of all con-
struction phases that impact her parcel. Stated that the appraisal from Scott County indicates the construction period
needed an easement on her property of two years rather than five to eight years. Believes a new appraisal should be
done based upon the changes in the phases of construction. If property is acquired in 2005 or 2006, they are willing to
pay based on the market of 2005; but she is expected to pay special assessment for curb, gutter, sewer and water
based on the value of the improvements in 2010. Does not feel that is just. Asked to meet with council and city staff
about her safety concerns for her family. Invited council and staff to the property to view boundaries. She would like
snow fencing on the remainder of the lot lines. Wants to see proposal for total taking of the property because of the
small size of remaining parcel. Questioned accuracy of appraisal because it refers to three different lot sizes and stated
she wants a definitive lot size. Asked for direction on the next process so she can submit detailed questions and go to
appropriate resources for detailed answers.
Comments:
Haugen: Noted that the City became aware of these issues last week and asked Albrecht the status of communication
with the County.
Albrecht: Stated we have asked for a meeting to resolve issues regarding this property and lack of communication on
easement and right of way processes as well as issues for the future of the property and how it will align with the new
road. Trespass issue is unacceptable and is part of the right of way issues with other properties. Believes we must set
a minimum level of communication expectations.
Haugen: Noted there have also been uncertainties on CR 12 recently regarding timing and communication.
Fleming: Encouraged Albrecht to have engineer and supervisor on site to inspect what is going on. Noted that it is
unacceptable for the gas line to be severed.
Zieska: Thanked Albrecht for efforts to this point. Noted that Commissioner Marschall should be involved. Asked
Boeck to contact the Council if further problems occur.
LeMair: Concurred and asked what recourse the City has if problems continue.
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December 5, 2005
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Albrecht: First recourse is to work with the resident involved. Second, The City should set standards of expectations.
Believes the county engineer will be responsive. Stated the projects are cooperative agreements and the City is a fi-
nancial stakeholder. If there are damages, there may recourse for compensation, which would be pursued by the City
Attomey.
Haugen: Noted that Boeck needed an action plan and asked Albrecht to take the lead in assuring an action plan would
be created.
Boeck: Commended Albrecht's professionalism and invited the Council to come to the property to view if there should
be changes from an easement to a total taking of the property or a design change.
Fleming: Clarified that his anger is directed at the County, not city staff, and reiterated County needs to be responsive
and timely.
Haugen: Stated it is incumbent to "over communicate" to the public about ongoing changes with CR 82 and CR 12.
Boyles: Noted that the County is adding additional resources and that they need more than one right of way agent.
Boeck: Asked if any Council would visit the property.
Haugen: Cannot come out as a group.
Boeck: Understands that.
Fleming: Accepted invitation.
Boyles: Clarified that the land issue is with the County and although the City needs to work with them, the Council has
no formal authority over the county. The City cannot issue mandates to the County, but can work with them in partner-
ship.
Fleming: Affirmed, but will view the property in order to give informed decision and direction to staff.
Boeck: Stated she believes that by the City signing agreements, it has an obligation to involvement.
Boyles: Concurred and restated that he was trying to clarify relationship.
Boeck: Stated there seems to be no response to invitation of viewing of the property; the City is partner in the project
and has authority. Noted she will contact Albrecht about any interest in viewing the parcel and will forward list of ques-
tions.
Albrecht: Noted surveyors will stake the markings so there is a visual of before and after the taking.
Boeck: Again commended Albrecht on his attention to and follow up of the problems.
APPROVAL OF AGENDA:
Item 10 E, Discussion of 2006 CIP, was added to the agenda by Councilmember Zieska. Consent item "Consider Ap-
proval of a Resolution Authorizing an Extension of the Deadline for Recording the Final Plat of Deerfield Industrial Park
5th Addition," pictures from Downtown Dazzle, and a reaffirmation of the City's position regarding the fee-to-trust issue
were added by City Manager Boyles.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
APPROVAL OF MEETING MINUTES
Due to the absence of Zieska and Fleming at the November 9,2005, meeting, and the absence of Petersen at this
meeting, approval of the minutes of the November 9, 2005, meeting will be deferred to the next council meeting.
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE THE NOVEMBER 21, 2005, MEETING MINUTES AS
PRESENTED.
VOTE: Ayes by Haugen, Fleming and Zieska. LeMair abstained due to his absence at the November 21, 2005, meet-
ing. The motion carried. Petersen was absent.
CONSENT AGENDA:
City Manager Boyles reviewed the items on the consent agenda.
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City Council Meeting Minutes
December 5.2005
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A. Consider Approval of Invoices to be Paid
B. Consider Approval of Resolution 05.187 Approving a Final Plat and Development Agreement for Berens
Woods.
C. Consider Approval of Resolution 05.188 Approving Final Plat and Development Agreement for Belmont Es-
tates.
D. Consider Approval of Resolution 05.189 Electing the Nonwaiver of Statutory Municipal Tort Liability Limits
and Declining Excess Liability Insurance Coverage.
E. Consider Approval of Resolution 05.190 Authorizing the Extension of the Deadline for Recording the Final
Plat of Deerfield Industrial Park 5th Addition
MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE THE CONSENT AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
PUBLIC HEARINGS:
Truth in Taxation
City Manager Boyles presented Truth in Taxation information including the elements of the proposed 2006 budget, po-
tential impacts of the City portion of property taxes on an average home in the City. comparisons to neighboring com-
munities, and comparisons to the metropolitan area.
Comments:
MOTION BY FLEMING, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
The public hearing opened at 8:28 p.m.
Wes Mader (3470 Sycamore Trail) Related information from newspaper articles regarding tax rates and median value
homes. Believes Prior Lake is 35-40% higher than neighboring areas for median-value home. Notes that county and
school board make up part of taxes and they are part of the problem. Believes the tax increase is a spending problem;
that new homes produce windfall of taxes which should be able to reduce overall taxes or the average tax per home.
Believes spending that provided no tangible benefit to average resident included fagade improvements; public relations
department; consultants for visioning, citizen survey; and update of transportation plan. States we should look at how to
reduce taxes, not increase them.
Roger McBride (5518 Lost Horizon Circle) introduced himself as chair of a group called Citizens for Accountable Gov-
ernment and is here representing their interests. Stated that results of recent election show that some citizens are un-
happy about the spending in the community. Stated that some members of the group are senior citizens who are con-
cerned about surviving on fixed incomes, and were insulted that a new city hall is being built without a voter referendum.
Stated that projects come with a price tag and we need to ask if they are necessary and worth the cost. Spoke about
increases in growth of 14 % and stated spending is more than triple that, and that his tax statement shows an increase of
43% in the last four years. Asked Council to take close look at spending and try to balance with growth. Thanked
Council for the work they do and for their time.
Zieska: Stated he received an invitation to sign a no new taxes pledge, which he declined. Asked what should be cut
from budget to attain no new taxes.
McBride: Stated there needs to be a better clarification of tax amounts and tax rates. Compared budget from four
years ago to now. Commented on communications department budget and that police, civil defense, fire and building
department budgets have increased and are not reasonable. Questions the five million dollar budget for Spring Lake
Park as a project that is not needed.
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City Council Meeting Minutes
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Zieska: Clarified that McBride believes approximately $800,000 should be taken out of communication, police, fire,
building and planning, parks and streets.
McBride: Doesn't know budget well enough to say where it would be appropriate to take the money from.
Zieska: Stated that McBride feels strongly enough for a zero tax increase to ask candidates to pledge and publicize it
in the newspaper. Noted McBride has studied budget in great detail and put out a lot of information out the last few
months about City spending. Clarified that McBride believes communication, building and planning, police, fire, streets
and parks are overfunded.
McBride: Don't know about police and fire. Stated he was just giving the differences between today and four years
ago.
Zieska: Asked what is overfunded.
McBride: Would like to see cuts in parks.
Zieska: Asked if that would be maintenance or new facilities.
McBride: Replied there were expenditures in signs that perhaps shouldn't have been made and that there is a mind set
of expenditures.
Zieska: Stated he cannot cut a mind set, but would have to cut dollars and asked if McBride believed parks are over
maintained.
McBride: Responded that he doesn't know if funds could be cut from parks.
Zieska: Clarified that McBride asked him to sign a no new tax pledge.
McBride: Affirmed and stated he would be willing to meet and discuss budget cut issues, but stated that the Council is
his representative to do that.
Jim Weninger (2591 Spring Lake Road) Stated the City has identified a need for budget growth. Asked why the new
buildings and houses do not fund the additional need for services. Wonders if the taxes from new growth should sus-
tain it. Noted that campaign comments were that we should not starve revenue growth. Noted his taxes are increasing
and with his current unemployment, he cannot afford the tax increase.
Bernard Schwan beck (5401 Centennial Street) Notes that the City budget identifies that revenues are expected to be
three million more than in 2001. Believes the revenue (tax) increase is beyond that justified by inflation or population
growth. Seems too high.
Mark Rausch (4095 Eau Claire Circle) Queried taxpayer impact and how the market value increases affect the per-
centage of increase. Noted that his is double the amount shown on the example and asked what action a homeowner
can take if the increase is greater than the average.
Fleming: Clarified that Rausch is addressing the City portion of the taxes.
Rausch: Affirmed.
Teschner: Clarified that the average market value increase for all taxpayers in the City considers all residents ranging
from five to 15 percent. Explained limited market value and estimated market value and noted the limited market value
is what is used for calculating tax rates. Noted valuations are further distilled to a tax capacity valuation. The property
tax system and the classification rates is very complex and noted that taxes include not only the tax rate, but the refer-
endum and bond levies that were voted in by the community.
Rausch: Noted that he tried to break it down to just the City portion.
Teschner: Stated that in February when residents receive a valuation notice from the County, for those who have ques-
tions regarding market valuation judgments by the assessors office there will be an equalization meeting, which will be
followed by County meetings and a tax court of appeals. Noted that valuation does not drive property taxes, it is all
about distribution of taxes.
Rausch: Noted he does not own lakefront property.
Teschner: Stated that residents who live in an active neighborhood for sales can experience valuation increases.
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Raush: Clarified that the equalization meetings are an owner's recourse.
Teschner: Reiterated the meetings and dates.
Patrick Heaney (4642 Pleasant Street SE) Stated he doesn't like taxes, but does like good schools, good road, secu-
rity, etc. and is accepting of the taxes. Noted there has been great growth and great needs and the community has
benefited. The majority of voters voted in new councilmembers and he thanked the current Council for the courage to
assess and meet the needs of Prior Lake. Noted that vision meetings involved the people of Prior Lake who made the
decisions about the direction of the City. Also noted that City needs to protect people on fixed income.
Jerry Goracke (5683 - 150th Street SE) Stated his property tax valuation increased over 15% this year. Believes Prior
Lake has the negatives of growth such as traffic, but are not getting anything for it. Believes business was rejected in
the past. Mentioned water restrictions and stated the City cannot take care of the people who live here now. Believes
residential growth is encouraged to receive the building permit money. Stated builders used to be local and jobs are
being taken away from local builders and prices are raised when developers come in and buy big plots of land. Stated
builders were building multiple housing rather than single house which further restricts access to water. Referred to
article that stated builders pay for City sewer and water; but said City also needs new schools, more police, etc. Should
stop building until we catch up. Asked for more businesses in to help defray property taxes.
Mike Miser (3857 Island View Circle NW) Asked if the home used as an example in the slide was valued at the same
price eight years ago was valued the same in 2005.
Boyles: Replied the home is valued at that rate now and was at a lesser valued amount in 1998.
Miser: Stated his increase is 22%. Agrees the City needs to grow, but has to make decisions on budget; and if making
a decision to build, need to cut back on something else. Expressed willingness to work with staff on areas for budget
cuts if Council will agree to no new taxes.
Tim Knutson (5694 Cardinal Ridge Trail) Suggested smaller city hall to reduce the amount of the overage in the
budget. Then would have to reduce the rest of the budget by less.
Zieska: Stated he would be happy to meet with him.
Boyles: Noted that even if the police station/city hall size were reduced, the cuts would have to come elsewhere since
it is contractually committed.
MOTION BY LEMAIR, SECONDED BY ZIESKA TO CLOSE THE PUBLIC HEARING
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
The public hearing closed at 9:21 p. m.
Comments:
LeMair: Welcomed the input from residents. Stated that he believes spending is on worthwhile projects. He favors the
new police station/city hall. Acknowledges that others think there are projects that have not been well spent. Believes
Downtown is a place to be proud of and the fayade money was a good investment. Stated his decisions are based on
where he wants his my family to live and what is good for the community. Noted that if the City slowed growth, other
communities would be developing the land. Still need to find solutions for how to keep things affordable. Stated he
heard the comments tonight and will be happy to take additional input.
Zieska: Thanked residents for coming and stated he will plan meetings with people who indicated an interest in doing
so. Stated that the Council knew this was going to be a tough year because building permits and growth are down this
year. The Council also knew the city hall I police station buildings would have a tax impact and the City has been put-
ting away money for the past few years to reduce that. Noted that taxes increases have been less than the rate of infla-
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City Council Meeting Minutes
December 5,2005
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tion. Stated that a big part of budget is people related and health insurance and pension costs are increasing. Stated
the tax picture is complicated and often new growth doesn't pay for itself for a couple of years.
Fleming: Expressed appreciation for input from residents. States he is a proponent for responsible growth and cannot
grow a community responsibly and commit to a no tax pledge. Noted he is supporting Shepherd's Path in response to
persons who are living on a fixed income. Stated he is troubled by the low voter turnout and hopes residents will avail
themselves to committees and commissions so the City can then continue to establish a responsible perspective on
how the community should grow.
Haugen: Thanked residents for input. Believes measurement of the Council's legacy will come in future years. Noted
that even with moderate permits, population will exceed 40,000 in twenty years. Building occurs in peaks and valleys
and the current pace has slowed down due to availability of lots and the reduction of residential density in the compre-
hensive plan. Landowners have rights and the City cannot say there will be no growth if the landowner wants to develop
their property. Expressed concern about citizens on fixed incomes, but noted that the value of homes is increasing eq-
uity. Addressed the return on investments and noted the improvements Downtown. Responded to comments about
taking a rest and noted that some say we aren't moving forward fast enough. Committed to investing in the future of
community and not to waste money; but develop an infrastructure that we can be proud of in the future and develop
programs and natural resources that we can use today and protect for tomorrow.
RECESS
Mayor Haugen recessed the meeting at 9:50 p.m.
RECONVENE
The meeting reconvened at 10:01 p.m.
PRESENTATIONS:
Introduction of Paul Snook, Economic Development Director.
Boyles introduced Snook and spoke of his qualifications and previous experience. Snook spoke of opportunities for
economic development in Prior Lake and Scott County and referred to economic tools and professional organizations
that would assist in development.
Comments:
Councilmembers welcomed Snook, commented on successes in Shakopee and encouraged him to seek input from
community residents.
OLD BUSINESS:
Consider Approval of an Ordinance Amending Section 1002.1403 of the Zoning Ordinance to Allow Motor Vehi-
cle Service and Repair and Auto Body repair Uses in the C-S District.
Planning Director Kansier presented the request to allow these two new uses in the C-5 district. The Planning Com-
mission recommended specific conditions that were outlined in the report.
Comments:
Fleming: Will support.
Zieska: Noted that all concerns have been addressed.
LeMair: This is good addition to the business park. New technologies in auto service and repair help this fit with cur-
rent uses.
Haugen: Noted that this business would have moved to another community and that the conditional use permit incor-
porated elements to protect the environment.
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MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE AN ORDINANCE AMENDING SECTION 1102.1403
OF THE PRIOR LAKE CITY CODE.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
NEW BUSINESS:
Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as the Shepherd's Path
PUD and a Resolution Approving a Preliminary Plat to be Known as Shepherd's Path.
Planning Coordinator Moore outlined the proposed phases of the planned unit development.
Comments:
leMair: Asked what the timeline is for Phase I.
Moore: Responded that the preliminary plat is scheduled for February.
leMair: Asked the project length for Phase I.
Kermit Mahlum: COO of Shepherd's Path (5696 Birchwood Avenue) Replied that they hope to begin construction in
April with completion projected at 12 to15 months.
leMair: Noted that little residential space is planned for Phase I and asked if residential was needed to drive commer-
cial development.
Mahlum: Negative because part of the commercial space is for a clinic and three different groups have expressed in-
terest.
leMair: Likes the project. Believes it helps to make us a destination town.
Zieska: Noted the project fits the partnership mission of the 2030 vision. Very supportive of the project and congratu-
lated them for a job well done.
Fleming: Asked about the timeline of phase II.
Mahlum: Replied that Phase II includes an athletic facility and they need to see outcome of PAR group on recreational
needs for the community.
Haugen: Concurred with Zieska comments and noted this was a target area in the community for mixed use develop-
ment. Also noted that the YMCA camp is adjacent to this area. Asked about creation of jobs.
Mahlum: Replied that the Andover YMCA employs 120 people and this will be similar.
AI Black: (representing Presbyterian Homes) Responded that the first phase is expected to employ 40 people, and
the skilled care facility in the last phase will have an additional employees for a total of 80 - 100 staff comprised of both
professional and non-professional staff.
Haugen: Noted the project could encompass 300-500 employees in the total environment.
Mahlum: Commented that the YMCA brought 3800 kids into the community during the summer months.
Haugen: Asked if there has been consideration given to creating a tunnel between this property and Jeffers Pond.
Mahlum: Replied there have been meetings with Jeffers Pond representatives and they are pricing underground tun-
nels under CR 42.
Fleming: Asked what the tax revenue benefit might be.
Kansier: Clarified the query to ask which uses would be tax exempt.
Mahlum: Replied that 13 acres of the 72 are tax exempt for the church. The remainder is currently taxed agricultural.
Seven of the 13 church acres have been transferred into senior housing so the only non-taxable portion is the skilled
nursing facility. Tax base will be in excess of $50 million.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE ORDINANCE 105.26 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 and Zieska. The motion carried. Petersen was absent.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.191 APPROVING THE
PRELIMINARY PLAT OF "SHEPHERD'S PATH" SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
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City Council Meeting Minutes
December 5, 2005
Draft
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.192 APPROVING A PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS "SHEPHERD'S PATH."
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with the
Metropolitan Council Environmental Services for Reconveyance of the Met Council Interceptor and Lift Station.
Public Works Director Albrecht reviewed the reconveyance plan, the history of the agreement and maps of affected
area.
Comments:
leMair: Understands that there is not much choice. Commended Albrecht and Boyles on negotiating an agreement to
get the best deal we could.
Zieska: Concurred with LeMair. Noted that building an emergency fund would help in the event of unexpected repairs.
Fleming: will support.
MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.193 AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN COUNCIL ENVIRONMENTAL
SERVICES FOR RECONVEYANCE OF THE MET COUNCIL INTERCEPTOR AND LIFT STATION SERVICE PRIOR
LAKE.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
Consider Approval of a Resolution Approving Joint Powers Agreement for a Public Safety Communication and
Information System.
Police Chief O'Rourke presented. Stated that in 1996 a joint powers agreement was established between all cities in
Scott County which provided centralized dispatch and records management system. That agreement is expired and a
new agreement will change the name of the existing LEIS committee to the Public Safety Communication and Informa-
tion System. The committee is expanded to include fire department representatives. Funding is prorated per city popu-
lation.
Comments:
Fleming: Asked what was done between 2003 and now.
O'Rourke: Operated under terms of old agreement.
leMair: Will support.
Haugen: Will support.
Pace: Noted there is no provision in the agreement for execution of multiple copies.
O'Rourke: Replied that Prior Lake will sign its copy and return to the county administrator who will assure copies are
sent back to each municipality.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-194 AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR A PUBLIC SAFETY COMMUNICATION
AND INFORMATION SYSTEM.
VOTE: Ayes by Haugen, Fleming, LeMair and Zieska. The motion carried. Petersen was absent.
Consider Approval of a Resolution Approving a Pension Increase for the Prior Lake Fire Department Firefighters
Relief and Pension Association.
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December 5, 2005
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Finance Director Teschner presented the request to increase to $5,000 per year of service and commented on the fund-
ing mechanism.
Comments:
Fleming: Asked for clarification about tax impact on residents.
Teschner: Replied there is no tax impact because the City has been at a level of donating $20,000 for three to four
years and the 2% insurance premium funds this increase.
Zieska: Noted this topic is before the council because the firefighter pension is a separate entity from the City. The
City is a guarantor of the pension. If there is a shortfall, the City would have to make up the shortfall. The $20,000 that
the City contributes is a voluntary contribution.
LeMair: Will support it and stated the fire department is the best deal in town.
Haugen: Added that the City has increased this pension benefit, but the City still lags behind neighboring cities.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-195 APPROVING A PENSION
INCREASE FOR THE PRIOR LAKE FIRE DEPARTMENT FIREFIGHTERS RELIEF AND PENSION ASSOCIATION.
VOTE: Ayes by Haugen, Fleming, and LeMair. Zieska abstained. The motion carried. Petersen was absent.
Discussion of 2006 CIP as per Zieska.
Zieska: Noted that the Council otten reviews major upcoming projects in December.
Boyles: Responded that a report will be prepared for the December 19 meeting.
Reaffirmation of city's position regarding fee-to-trust issue.
Boyles: Noted there is a long history of SMSC requesting that land they have purchased be placed into federal trust.
Over the years the Council has established a position. In 2000, we opposed the request although the Mayor went to
the Tribal Council to discuss the matter and attempted to negotiate. In March 2002, the Council indicated the specific
concern was that the 776 acres being requested be converted to an amount of property that could demonstrate a need
basis. Of the 776 acres requested to be put into trust, about 106 of the acres are in Prior Lake. In June 2004, the
Council worked with the Tribal Council to determine whether or not a need-based conversion could take place. Cur-
rently a letter is being sent to the Bureau of Indian Affairs regarding the request for 776 acres. The letter reflects the
ongoing position of the City that the 106 acres, if need-based, could be placed in trust and explains the impact associ-
ated with the conversion of this property. Asked the Council to review the letter and determine if it is appropriate to
send.
Comments:
LeMair: Supports sending the letter and supports letting the community and BIA know we are in support of putting this
land in trust. Stated it is important to give SMSC space to continue to grow. The property currently requested will add
value to Prior Lake with the benefit of added dollars spent at our businesses and for services. The homes and enter-
prises at SMSC have added value of jobs for the community.
Zieska: Will support. Noted the City has never denied their need for additional land. If the City opposed land going into
trust, it was about how much land should go into trust and when.
Fleming: Noted that the City is not giving the land to them. It is offering support for SMSC to put land into trust. Con-
curred with the value of the relationship with SMSC.
Haugen: Noted the 2030 vision states that Prior Lake is proud to be home to SMSC. The partnership with the Tribal
Community and what it means in terms of jobs and resources is an asset to our community. Noted that the Tribal Com-
munity has growth needs and our agreement is cooperative and respectful.
MOTION BY ZIESKA, SECONDED BY LEMAIR AUTHORIZING MAYOR AND CITY MANAGER TO SEND LETTER TO
SIA OUTLINING POSITION INDICATED BY THE DOCUMENT.
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OTHER
Communications Coordinator Oster reported on the Downtown Dazzle event and displayed pictures from it.
EXECUTIVE SESSION
Mayor Haugen recessed the regular meeting to move into executive session to discuss the city manager's performance
review at 11 :08 p.m.
RECONVENE
The regular meeting of the City Council reconvened at 11 :28 p.m.
Zieska: Noted that with three council members leaving, it was appropriate to conduct the city manager's performance
review prior to the end of the year rather than burden the new council members with it. Spoke of the process used to
conduct the evaluation. Noted the City Manager has done an outstanding job during the current year with the resources
available to him and received 7.8 as an overall score on a 9-point scale. Also noted areas of improvement and encour-
aged him to work fewer hours. Compensation package will increase salary three percent and increase deferred com-
pensation three percent. Medical insurance premium payment will increase to $700 per month and life insurance pre-
mium payment will increase to $1200 annually.
LeMair: Thanked Boyles for his hard work.
Fleming: Echoed LeMair comments and stated he looked forward to working with Boyles in an informal capacity in the
future.
Haugen: Echoed previous comments and noted Boyles is an asset to the community.
Boyles: Thanked the Council and noted that it is a pleasure to work for them.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Fleming and seconded by LeMair.
With all in favor, the meeting adjourned at 11 :33 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
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