The URL can be used to link to this page

Home My WebLink AboutOctober 19, 1992REGULAR COUNCIL MEETING AGENDA CALL TO ORDER Monday, October 19, 1992 7:30 p.m. 1. Pledge of Allegiance 2' Minutes of The Previous Meeting 3. Consent Agenda: a) Consider Approval of Minutes of the September 30, and October 12, 1992 Special city Council Meetings b) Consider Approval of Invoices To Be Paid c) Consider Approval of Animal Warden Report d) Consider Approval of Building Report e) Consider Approval of Fire and Rescue Report f) Consider Approval of Change in Parks Advisory Committee Bylaws g) Con~ider Apprpval of Appointments to Parks Advisory Commlttee h) Consider Approval of Resolution 92-28 Adopting Collector Street Fee and Amending Assessment Policy i) Consider Approval of Resolution 92-33 Agreement with MnDot j) Consider Approval of Treasurer's Report k) Consider Approval For Final Payment on Project 90-12 Tower Street and Toronto Avenue Improvements 4. Presentation From PLUS Committee on School Referendum 5. Presentation of Lake Advisory Committee Annual Report Staff Presentation On Status of Major Projects A. Update on "The Wilds" Project 7. Presentation From Scott County officials On County Road 18 Bridge Ground Breaking Ceremony 8. Consider Approval of Signalization Plans for Intersection of CR 21 and CR 39 Intersection. 9. Consider Approvalof McDonald Parcel Acquisition With a LAWCON Grant. 10. Other Business: a) Personal Remarks From City Manager David Unmacht *All times stated on the Council Agenda, with the exception of Public Hearings, are approximate' and may start a few minutes earlier or later. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CALL TO ORDER J b) c) d) e) REGULAR COUNCIL MEETING AGENDA Monday, October 19, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: Comm .ittee Bylaws g) Consider Appro. val of Advisory Committee 'h) i) Consider Approval of Minutes of the September 30, and October 12, 1992 Special City Council Meet%ngs Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building RePort Consider Approval of Fire and Rescue Report Consider Approval of Change in Parks Advisory Appointments to Parks Consider Approval of Resolution 92-28 Adopting Collector Street Fee and Amending Assessment Policy Consider .Approval of Resolution 92-33 Agreement w~thMnDot Consider Approval of Treasurer's Report Consider Approval For Final Payment on Project 90-12 Tower Street and Toronto Avenue Improvements 4. Presentation From PLUS. Co~mittee on School Referendum t%%~O,~%~ 5. Presentation of Lake Advisory Committee Annual Report Staff Presentation On Status of Major Projects A. Update on "The Wilds" Project 7. Presentation From Scott County Officials On County ,.%1 Road 18 Bridge Ground Breaking Ceremony ~_~ 8. Consider Approval of Signalization Plans for Intersection of CR 21 and CR 39 Intersection. e Consider Approval of McDonald Parcel Acquisition With a LAWCON Grant. 10. Other Business: a) Personal Unmacht Remarks From City Manager David *All times stated on the coUncil Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Da~taSt. S.E.,Pfior ~k~ Minnesota ~372 / Ph.(612) 4474230 / ~x(612) 447-4245 ~EQUALOPPO~UNITYEMP~¥ER t.h'N CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday, October 19, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting - see attached. Consent Agenda: a) b) Consider Approval of Minutes of the September 30, and October 12, 1992 Special City Council Meetings - see attached. Consider Approval of Invoices To Be Paid - see attached. c) Consider Approval of Animal Warden Report - see attached. d) Consider Approval of Building Report - see attached. e) Consider Approval of Fire and Rescue Report - see attached. f) Consider Approval of Change in Parks Advisory Committee Bylaws - The purpose of this consent item is to amend the Bylaws of the Prior Lake Parks Advisory Committee. The Bylaws amendment is a result of direction received by the Prior Lake City Council. .On Monday, October 5, 1992, the Prior Lake City Council took action to make reappointments to the various committees. One direction from the Council was to amend the Parks Advisory Committee Bylaws to strike the committee termination clause. Enclosed in this agenda rep?rt is a copy of the Bylaws with the stricken clause as noted. Motion as part of the Consent Agenda is in order to amend the Prior Lake Parks Advisory Committee Bylaws to strike the second paragraph from the Preamble. g) Con~ider Approyal of Appointments to Parks Advisory. Committee - The purpose of this consent item is to make appointments to the Pgrks Advisory Committee. With action of. the C~ty Council to remove the committee 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYElt termination clause, all Parks Advisory Committee members are now sub3ect to reappointment for a two year tern. Xotion as part of the Consent Agenda to reappoint to the Parks Advisory Com~ittee, Kathe Abrams, Doug ~e~ens, Ron Ceminsky, Pgtrick Heaney, Arthur ~cnoot, and Kathy Smith to a two term effective October 1,1992 through September 30, 1994, is in order. h) i) In addition City staff will follow up with the advertising for vacancies on the Co~ittee as directed at the October 5 meeting.' Consider Approval of Resolution 92-28 Adopting Collector Street Fee and Amending Assessment Policy - see attached staff report. Consider Approval of Agreement with MnDOT - report. Resolution 92-33 see attached staff J) Consider Approval of Treasurer's Report - see attached. k) Consider Approval For Final Payment on Project 90-12 Tower Street and Toronto Avenue Improvements - see attached staff report. 4. presentation of Lake Advisory Committee Annual ~eport - The Lake Advisory Committee is in the ~roc~ss of finalizing its first annual report. The committee was scheduled to meet on Tuesday, October 13, 1992 to review a draft of the report. The meeting was rescheduled for Thursday, October 16. Enclosed is a copy of a draft of the Lake Advisory C0mmitteeAnnual Report. The final report will either be available prior to the meeting or distributed at the meeting. Members of the Committee will be present to review the report and seek direction from the City Council on 1993 Goals and Objectives. 5. Presentation From PLUS Committee on School Referendum - City Staff has received a request from PLUS Committee representative Lynn McDonald. The PLUS Committee is asking for an opportunity to address the City Council on the activities of the Committee with respect to the upcoming school referendum set for November 3. Enclosed is a copy of a letter received from Ms. McDonald together with two supporting brochures. 6. Staff Presentation On Status of Major Projects - The purpose of.this a,~enda item is to review ~he status of maj'0r~0~ts: This status report will provide City staff and C~ty Council _with a clear understanding of major projects being worked .on during the transition process b~t~een outgoing City Manager David Unmacht and the hiring of a new City Manager. Staff is working on the status report throughout the week and will be making a presentation at the Council meeting. ae Update on "The Wilds" Project - City staff will report to the City Council on the results of discussions conducted with the Metropolitan Council staff. Bob Hoffman will be present at the meeting as well. The Metropolitan Council meeting scheduled for Wednesday, October 14 was rescheduled for Tuesday, October 20. 7. Presentati?n From Scott Cougty officials On County Road 18 Bridge Ground Breaking Ceremony - The City of Prior Lake actively participated in the construction of the 91oomington Ferry Bridge and Scott County Commissioner, Bill Koniarski and Scott County Engineer, Brad Larson, will present a plaque to the Prior Lake City Council for the Council's efforts on the Bloomington Ferry Bridge. ® Consider Approval of Signalization Plans for Intersection of CR 21 and CR 39 - see attached staff report. Consider Approval of McDonald Parcel %cquisition With a LAWCON Grant - Staff has received Grant approval to proceed with the acquisition of the McDonald parcel effective October 13, 1992. Staff will make a presentation at the meeting. 10. Other Business: a) Personal Remarks From city Manager David Unmacht - The purpose of this agenda item is for City Manager David Unmacht to address the City Council and staff. Unmacht will make some short remarks regarding his service as City Manager. *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. MINUTES OF THE CITY COUNCIL Monday, October 5, 1992 The Common Council of the City of Prior Lake met in regu%ar session on Monday, October 5, 1992 at 7:30 p.m. i~ the City Council Chambers. P~esent were Councilmembers Fitzgerald, Kedrowski, Scott, Whlte~ City Manager Unmacht, Assistant City Manager Schmudlach, Assistant Planner Garross, Parks and Recreation Director Mangan, City Attorney Kessel and Recording Secretary Birch. Acting Mayor White called the meeting to order and asked everyone to rise for the pledge of allegiance. It was noted that Mayor Andren would be late because she was delivering a Homecoming Proclamation at the High School. The minutes of the September 21, reviewed by Council. 1992 Council meeting were MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE SEPTEMBER 21, 1992 MINUTES AS SUBMITTED. Upon a vote taken, ayes by ~itzgerald, White, the motion passed unanimously. Kedrowski, Scott and The next order of business was approval of the Consent Agenda as follows: a) b) d) Consider Approval of Invoices To Be Paid Consider Approval of Consultant Agreement With Boatman, Kroos, Pfister and Associates Consider Approval of Legal Services and Escrow Agreement For Wilds Project Consider Approval of Release of Easement Within Costello's Addition MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, CONSENT AGENDA ITEMS (a) thru (d). TO APPROVE THE Upon a vote taken, ayes by ~itzgerald, White, the motion passed unanimously. Kedrowski, Scott and The next order of business was: Present Certificate of Appreciation to Tony Anderson. Parks and Recreation Director Mangan commented on Tony's excellent service on the Parks Advisory Committee and stated that the reason Tony is resigging is due to a conflict in meeting da~es with .another civic organization in which he is an officer. Acting Mayor White presented Anderson with a Certificate of Appreciation, and on 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council October 5, 1992 behalf of the entire Council thanked Mr. Anderson for his willingness to serve the community on the Parks Advisory Committee. AnderSon thanked the Council. The next order of business was: Consider Rezoning Applicat$on For Westbury Ponds. Acting Mayor White called the public hearing to order. This item had been tabled at the September 8, 1992 Council meeting in order to address the reZoning of the entire property. A~sistant Planner Garr0ss presented a map of the area under discussion and discussed Ordinance 92-11 which amends the Prior Lake Zoning Ordinance 83-06 amending the zoning cla~sification of legally described property from B-3 General Business to R-1 Urban Residential and an Area of C-1 Conservation to R-1. Mr. Robert Smith spoke on behalf of the developer in support of the rezoning application. (For further detail, please refer to Council Meeting on September 8, 1992.) No further discussion occurred. (Mayor Andren arrived at 7:45 p.m. ) MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE ORDINANCE 92-11 AMENDING THE PRIOR LAKE ZONING ORDINANCE 83-06 CONTINGENT UPON METROPOLITAN COUNCIL APPROVAL. Upon a vote taken, ayes byAndren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, PUBLIC HEARING. TO CLOSE THE Upon a vote taken, ayes byAndrenc Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Consider Approval of Fire E.q~.ipment Bids. City Manager Unmacht reviewed the purpose of this item and introduced Fire Chief Borchardt. Borchardt discussed the bid process, type of equipment considered for purchase and purpose of the equipment. Borchardt stated that this is the first ~aJor equipment purchase the Prior Lake Fire Department has made since 1984 and that the equipment will enable them to fight fires more effectively and safely. A short discussion occurred regarding the bids. Councilmember Fitzgerald inquired as to the status of his request for a report on the expense versus the income of servicing the townships. Staff will contact Fitzgerald to discuss his request in more detail. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO AWARD THE BID OF $462,556.00 TO CUSTOM FIRE APPARATUS, INC FOR A HEAVY RESCUE SQUAD UNIT FOR $218,542.00 AND A FIRE TRUCK PUMPER FOR $244,014.00. Upon a.vote taken, ayes by Andren~ Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short recess was called. The meeting reconvened at 8:10 p.m. 2 Minutes of the Prior Lake City Council October 5, 1992 The next order of business was: Consider Committee Appointments. City Manager Unmacht went through the list of appointments and discussed various details relating to the committees. A short discussion occurred on the~'i~~a~ citizen serving on more than one committee or commission. Although not unanimous, general consent of the Council was that individuals should serve on only one committee at a time. This position was based on the fact that there are limited positions available, with many interested people willing to serve. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE APPOINTMENT OF DAVE WUELLNER TO THE PLANNING COMMISSION FOR A TWO YEAR TERM EFFECTIVE OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1994. Upon a vote taken( ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short discussion occurred on the role of the Planning Commission Interview Committee and Council concurred that Bob Underferth should be appointed to the Economic Development Committee. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE APPOINTMENT OF RACHAEL VAN DEN BOOM, RAY LEMLEY AND JERE PHILLIPS TO THE ECONOMIC DEVELOPMENT COMMITTEE FOR A TWO YEAR TERM EFFECTIVE FROM JULY 1, 1992 THROUGH JUNE 30, 1994; BOB UNDERFERTH TO A TWO YEAR TERM EFFECTIVE FROM OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1994; JIM HILL TO A ONE YEAR TERM EFFECTIVE JULY 1, 1992 THROUGH JUNE 30, 1993; AND BOB BARSNESS TO A TWO YEAR TERM EFFECTIVE JULY 1, 1992 THROUGH JUNE 30, 1994. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE APPOINTMENT OF DAVE MORAN TO THE LAKE ADVISORY COMMITTEE FOR A TWO YEAR TERM EFFECTIVE OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1994. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Discussion occurred on contacting individuals who had expressed an interest in the Planning Commission with regard to their interest (if any) in serving on the Parks Advisory Committee Staff was directed to contact those individuals and advertise fo~ the available Parks Advisory Committee Positions. The sunset law was also discussed and Council concurred that the sunset law should be eliminated from the Bylaws of the Parks Advisory Committee. cit~ Manager Unmacht was directed to prepare an amendment to their Bylaws and place on the October 19 agenda for action. Appointments to the Parks Advisory Committee will also be considered on October 19. The next order of business was: Consider O'Mally's On Main Grand Opening Request. .City Manager Unmacht stated that the applicants_ had withdrawn their request and had found other alternatives to closing off Main Street. 3 Minutes of the Prior Lake City Council October 5, 1992 Topics discussed under other business were: ANN candidates position letter/survey - a discussion occurred on whether the City should interview candidates for state office with regard to their knowledge of issues affecting municipalities. No action was taken. City Manager Unmacht commented briefly on the three Management Search Firms being consid~red. The firms discussed were: Personnel Decisions, Ina., Public Management Consultants; and the Jim Brimeyer Group. A short discussion occurred. Kay Schmudlach discussed the dedication ceremony planned for the Centennial Bricks and the Time Capsule. Council concurred that October 24 at 9:00 a.m. would be acceptable. Discussion occurred regarding the appointment of an acting City Manager. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO SCHMUDLACH AS ACTING CITY MANAGER EFFECTIVE ON 1992 UNTIL A NEW CITY MANAGER IS HIRED. APPOINT KAY OCTOBER 26, Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short discussion occurred regarding the State right-of-way and ownership of the small parcel of land adjacent to C.R. 21 and the west side of State Highway %3. Staff will research this issue and report back to Council. -- A short discussion occurred on the VFW's request for the City to look into the property presently being used as a parking lot by the VFW and possible uses for the property. -- Discuss Ideas for Workshop Agenda Set For October 12, 1992. City Manager Unmacht discussed topics for this Workshop and Council concurred that they would haye a special meeting instead of a Workshop and at this meeting they would would receive a presentation from Marianne Whiting on her citizen's group recommendations In the Prior Lake Zoning Code and Subdivision Ordinance, Discuss the Shoreland Management Ordinance with Steve Grittman, Northwest Consultants; and Interview and Discuss City Manager Search Firm proposals. The_meeting adjourned for a closed session to discuss pending litigation with Crown Co-Co, Inc. 4 Minutes of the Prior Lake City Council October 5, 1992 Mayor Andren called the closed session to order. Those present were: City Manager U.nmacht~,.~S.~ant City Manager Schmudlach, Mayor Andren, Councilmembers''P'~gerald, Kedrowski, Scott and White, City Attorney Kessel and Recording Secretary Birch. There being no other business, the meeting was adjourned at 9:35 p.m. by general consent The next Special Council meeting will be $ogday, 9ctober 12, 1992 at 7:30 p.m. The next regular Council me%ting w111 b~ Monday, ,,. David ~. Unmach~ C~ ' ~anagerD. Recording Secretary 5 MINUTES OF THE CITY COUNCIL SPECIAL MEETING OCTOBER 12, 1992 The Common Council of the City of Prior Lake met in special session on Monday, October 12, 1992 at 6:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Kuhlmann and Recording Secretary Birch. Mgyor Andren called the meet%ng to order and asked everyone to rase for the pledge of allegiance. The next order of business was: Presentation From Marianne Whiting on the Prior Lake Zoning Code and Subdivision Ordinance. City Manager Unmacht discussed the process lead%ng up to .t~is ~resentatlon and the purpose for the presentation. Ms. Whiting Introduced a summary of the six key points her group would be discussing. The following persons.from the group addressed the Council regarding the results of their research, Realtor survey and survey of several surrounding cities. Issues discussed included minimum, average and maximum lot sizes, the use of buffer zones and square footage of homes in various price ranges: Jan Hansen Carl Hanson 4065 Raspberry Ridge Road 4065 Raspberry Ridge Tom Stevenson 3547 Willow Beach Street Brad Wahl 14945 Timberglade Circle Emmie Schneider 16840 Elm Avenue S. Extensive discussion occurred on the recommendations and the appropriate action to take. Discussion centered on the means by which these recommendations should be reviewed and processed in further detail. Tom Loftus, Plagning Commission Member, spoke regarding the Planning Commission's participation in the process. Further discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY , TO DEFER THIS ISSUE TO A FUTURE MEETING AT WHICH TIME COUNCIL CAN EVALUATE THE WRITTEN COMMENTS OF THE CITIZENS GROUP AND WRITTEN COMMENTS OF CITY STAFF TO CONSIDER THE NEXT ACTION WITH REGARD TO THE MATTER. Extensive discussion occurred regarding staff's work and level of research. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EHPLOYER Minutes of the Prior Lake City Council October 12, 1992 The motion died for lack of a second. MOTION MADE BY WHITE, SECONDED BY ANDREN, TO REFER THE CITIZEN'S PROPOSAL FOR ADDITIONAL RESIDENTIAL ZONING CATEGORIES AND INCREASE IN LOT SIZE TO THE PLANNING COMMISSION, THE CHARGE BEING THAT THE PLANNING COMMISSION WORK WITH STAFF AND INVESTIGATE THE EFFECTS OF SUCH A CHANGE, AND HOLD OPEN PLANNING SESSIONS, PUBLIC HEARING OR HEARINGS AS NECESSARY AND MAKE RECOMMENDATIONS AT THE PLANNING COMMISSION LEVEL AND PLACE IN THE APPROPRIATE DOCUMENT (COMPREHENSIVE PLAN) FOR FUTURE ACTION. THESE CONSIDERATIONS SHOULD BE HELD IN CONJUNCTION WITH BOTH THE COMPREHENSIVE PLAN AND ITS RELATED ZONING CHANGES. Planning Director, Horst Graser~ addressed the Council regarding the Comprehensive Plan and its purpose and use. Mr. Graser suggested that Council, Planning Commission and staff work together on the recommendations as they relate to the Comprehensive Plan. This evaluation should occur_with respect to the goals, objectives and standard within the existing Plan .as compared to the draft standards that are in the new Comprehensive Plan, and determine if the recommendations are consistent with the standards for the community. Further discussion occurred on the Comprehensive Plan and the recommendations. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A recess was called. The meeting reconvened at 8:25 p.m. The next order of business was Discussion on Shoreland Management Ordinance with Steve Grittman, Northwest Associated Consultants. Mr. Grittman addressed the Council and discussed the process his firm would be using in a~sisting the City in formulating an Ordinance for implementation of the Shoreland Management Rules in conjunction with the DNR's guidelines. Mr. Grittman stressed that the proposed time frame meets the January 1993 deadline as determined by the DNR. council agreed to forwarding their preliminary comments on the Ordinance to staff by Friday, October 16. Grittman will assimilate all comments for discussion at the next workshop. The next order of business was: Interview and Discuss City Manage~ Search Firm Proposals. Three Search Firms were interviewed: Jim Brimeyer Group, Inc., Public Management Consultants, and Personnel Decisions, Inc.. Mayor Andren removed herself from the interview and discussion with Public Management Consultants, due to a possible conflict of interest. A repreSentative from each firm presented their proposal, discussed the process, the cost and other details of their proposals. A shortdiscussion followed after each presentation. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO HIRE THE BRIMEYER GROUP, INC. AND DIRECTED CITY MANAGER UNMACHT TO PREPARE THE AGREEMENT AND BRING BACK TO COUNCIL FOR FORMAL ACTION. Minutes of the Prior Lake City Council October 12, 1992 Upon a vote taken, ayes by ;~n~rg~!tzgerald, Kedrowski, and White, the motion passed ~n~~sly. scott Topics discussed under Other Business were from Mayor Andren on a letter she had received from Senator Wellstone r~ggrding a federal grant of $20,000 for the McDonald Park acquisition. A short discussion occurred on the grant. The next Council meeting will be Monday, October 12, 1992 at 7:30 p.m. There being no further business, the meeting p.m. by general consent of the adjourned at ~M~ ager D~e Birch -- - Recording Secretary 10:35 3 MINUTES OF THE CITY COUNCIL SPECIAL MEETING Wednesday, September 30, 1992 The Common Council of the City of Prior Lake met in special session on Wednesday, September 30, 1992 at 5:00 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Scott, White, City Manager Unmacht, Public Works Director Anderson, Planning Director Graser and Recording Secretary Birch. Mgyor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. City Manager Unmacht explained the purpose of the meeting and the format to be followed. Legal Counsel Bob Hoffman summarized the EAW review process, the Negative Declaration statement and the Findings of Fact on the Project. Councilmember Kedrowski arrived at 5:15 p.m. Hoffman noted that two agencies which have direct permit authority (Department of Natural Resources and U. S. Corps of Engineers) replied that they found an EIS unnecessary. Hoffman discussed the Findings of Fact in which the various state agency statements are listed with the accompanying reply by the representatives of The Wilds, Hoffman and the City. Larry Anderson discussed details of the grading permit request which included the process of grading this fall and the expected time frame for grading completio9 next Spring. Anderson also discussed the guidelines being followed on water quality as mandated by the State. A short discussion followed regarding the grading and water quality plans. Mayor Andren asked if anyone in the audience wished to speak on the issue. There was no one in the audience who addressed the Council. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, FINDINGS OF FACT ANDMAKE A NEGATIVE DECLARATION PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT WILDS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). TO ADOPT THE REGARDING THE (EIS) ON THE Upon 9 vote taken{ ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short discussion occurred regarding a fax received from Metropolitan Council Chair, Mary Anderson. The fax was a letter approving of the City's minor Comprehensive Plan amendments. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY ENIPLOYER & brief discussion occurred on the hiring of a consultant to conduct a. s~arch, for a new City Manager dUe to City Manager Unmacht's resignation notice. No further action occurred. The next regular Council meeting will be Monday, October 5, at 7:30 p.m. 1992 There being no further business, 5:40 p.m. by general consent of the D~. ~i9~. unmacht Ct'~/~ ~~/~ nag D~ Birc~ Recording Secretary at THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. OCT. 20, 1992 MISC. DEPTS · League Insurance Trust Coast to Coast Stores C. H. Carpenter Lumber Co. Snyder Drug Radermacher's Super Valu Carlson Hardware Co. Prior Lake CarQuest Horizons Inc. MN Bookstore Muelken Oil Co. Scott Rice Telephone C~. Shakopee Public Utilities Minnegasco Northern States Power MN Valley Electric Commissioner of Revenue Insurance 17,062.25 Misc. Supplles 34.55 Misc. Supplies 62.50 Misc. Supplies 139.71 Misc. Supplies 59.97 Misc. Supplies 102.65 Repair Supplies 144.59 Aerial Photo Enlargements 450.00 Publications 63.90 Fuel Supplies 13,770.95 Telephone Service 1,453.20 Utilities 108.74 Utilities 219.35 Utilities 2,684.52 Utilities 1,694.64 Sales & Use Tax 829.63 GENERAL GOVERNMENT Prior Lake American Gene White Prior Lake Rotary Real Estate Journal Smith Office Equipment Wally's World of Printing City of Bloomington Lommen, Nelson, Cole Larkin, Hoffman, Daly Prior Prints General Office Supplies Sensible Land Use Coalition Ski%1?ath Inc. Optimist Club Bottom Line Alpha Microsystems MCI Telecommunications R & R Carpet Service American Linen Co. Xerox Corp. Publishing Meeting Expenses Dues Publication Cap. Outlay-Equipment Printed Supplies Conference Fees Attorney Fees Attorney Fees Printed Supplies Planning Supplies Seminar Fee Seminar Fees Dues Subscription Hardware Maint. Contract Te%ep~one S~rvice Bu%ldlng Maintenance Building Maintenance Copier Rentals & Supplies PUBLIC SAFETY Noll's Hallmark Shop Uniform's Unlimited Stat-Medical Inc. National Camera Exchange MinnComm Paging Chris Olson American Glass & Mirror Amoco Oil Co. Xerox Corp. optimist Club Prior Lake Rotary DARE America Treadway Graphics Reynolds Welding Photo Finishing Suppl%es Supplies Small Tools & Equipment Pager Rental Seminar Expense Vehicle Re?air Vehicle Maintenance Copier Maint. Contract Dues Dues DARE Supplies DARE Supplies Oxygen Supplies 643.54 462.29 35.00 25.56 1,092.69 35.15 50.00 3,869.03 11,505.58 70.59 104.28 60.00 346.00 52.00 39.00 590.00 132.41 72.42 79.54 488.51 118.11 73.40 109.95 479.20 257.38 37.50 458.03 23.91 43.75 52.00 105.00 231.30 92.20 46.69 FIRE & SAFETY Reynolds Welding Medical Disposal Systems Hennepin Technical College MN Conway Communication Auditors Volunteer Firemen's Assn. BUILDING INSPECTION Minnesota State Treasurer ANIMAL CONTROL Robert McA11ister Scott Lake Pet Clinic PUBLIC WORKS Hess Surveying Instruments Shiely Co. Wm. Mueller & Sons Dubbe Sod St. Joseph Equipment Inc. South Metro Distributing Astleford International C & D Oil Art Johnson Trucking PARK AND RECREATION Bess Steiner Margaret Sharpsteen Rose Schmidt Madge ~ieland Patricla Haferman Doris Grimmer Hattie Blakeborough Mildred Stassen Marita Kettler Dorothy Hess Lorraine Hartman Don Abrams Rob Boe Tom Borgerding Shawn Busse Deral Chamberlain Dan Ganske Jim Helgerson Jayne Hergott Kathy Hoff Colleen Hoffman Cindy Hoppe Jill DeBoer Isenee Sharon Jacobson JoAnna Kay John Kennedy Michele Lein Oxygen Supplies Medical Supplies Seminar Fees Equipment Maintenance Equipment Maintenance Dues Bldg. Permit Surcharge Animal Warden Veterinary Services Small Tools & Equipment Sand & Gravel Bituminous Street Repair Supplies Repair Supplies Repair Supplies Repair Supplies Disposal of Oil Filters Rentals Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund 46.69 64.84 431.40 60.00 7.26 8.00 2,421.01 570.24 50.00 214.07 1,644.03 741.11 718.87 480.12 19.81 223.89 109.95 210.00 18.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 20.00 35.00 20.00 20.00 2O. O0 25. O0 20.00 25.00 35.00 20. O0 20.00 20.00 20.00 35.00 20.00 20. O0 PARK & RECREATION continued Dan Loftus Sandra Moore Liz Neuman Don Schussler Carol Scott Sharon Spratt Lyle Wiese Stepping Tones Records Prchal Candy Co. Prior Lake Charter Service Skateville Lisa Conlin Diane Wikstrom Mary Ann Mingo General Office Products NAPA Parts Service Friedges Landscaping BI, an Rock Products Prior Lake Aggregate American Excelsior Co. Bill Mangan MRPA MPSA Glenwood Inglewood Mahowald Motors Pepsi Cola Biffs Inc. Optimist Club Park Program Refund Park Program Refund Park Program Refund Park Program Refund ~.~P~ark Program Refund "~:'~rk Program Refund Park Program Refund Dance.Supplies Supplies Bus Charter Park Program Park Program Instructor Park Program Instructor Park Program Instructor Operating Supplies Vehicle Repair Supplies Park Maintenance Park Maintenance Park Maintenance Park Maintenance Meeting Expense Conference Fees Conference Fees Bldg. Maint. Supplies Vehicle Maintenance Rental Rental Dues 20.00 20.00 20.00 35.00 20.00 25.00 20.00 19.00 21.05 65.00 180.00 727.13 735.00 68.50 62.90 114.55 1,084.89 411.40 112.25 269.34 13.90 175.00 15.00 22.90 183.25 10.00 111.05 52.00 ECONOMIC DEVELOPMENT Prior Prints Arthur Lucast Reiter Signs & Engraving Printed Supplies Mileage Signs 21.09 27.76 587.89 WATER UTILITY Water Pro MVTL Laboratories U.S. West Communications Gopher State One Call Postmaster Meters Water Analysis TelephOne Service State Terminal Postage 100.68 35.00 42.71 275.00 318.17 SEWER UTILITY Midwest Machinery Deutsch Construction Visu-Sewer Clean & Seal MWCC MWCC Repair Supplies Repairs Sewer Maint. Installment SAC Charges 41.49 1,383.75 1,605.00 41,001.00 9,702.00 CONTINGENCY Horizons Inc. Park Nicollet Medical Center Strgar-Roscoe-Fausch Inc. Aerial Photography Professional Services Professional Services 5,010.00 86.50 3,361.39 DEBT SERVICE-GENERAL FUND Juran & Moody DEBT SERVICE Juran & Moody . Norwest BAnk Minnesota State of Minnesota PARK DEDICATION FUND Dubbe Sod Ziegler Inc. Bohnsack a Hennen G & T Trucking Menards Jackson Landscape Supply PRIOR LAKE CONSTRUCTION FUND TKDA Brown & Cris Inc. Expenses Expenses Debt Services Unclaimed Bonds Franklin Trails Rentals Rentals Rentals SupplieS Supplies Engineering Services Est. #12 & Final 3,749.84 3,942.80 1,495.00 14,001.25 2,096.72 5,112.00 1,564.00 150.00 127.76 4,338.20 172.71 10,081.25 PAGE 01 TOTAL Nu~nber of do[a picked up ...~-~. Humber of hours within Prior Lake area Number of unolalmed dofn .... _ _~ ~.. Reimbursement to City Olnelude eu~ont montht$ tottl CITY OF PRIOR LAKE Summary of Building Pemits Issued Month of SEPTEMBER 1992 No. of .' Declared No. of NO. of Declared Permits Val. ue Permits Single Family Dwellings Other Dwellings (No. of Units 0 Dwelling Units Removed ~ Net Change +13 Besidential Garages 13 1,417,702.77 7 0 0 0 0 0 0 1 8,310.00 3 1,062,451.12 72 0 0 0 0 33,683.96 10 Industrial-~ercial 0 0 0 0 2 Structures other than buildings 1 11,000.00 0 0 7 Additions, Alterations 1. Besidential 2. Industrial and C~,~;,e rc ial 23 100,318.00 10 1 70,000.00 1 140,668.92 169 7,000.00 6 Mechanicals Permits 9 33,082.00 28,000.00 105 Total 48 1,640 7412.77 22 1 ~271 t804.00 371 Total Declared 09101 :,o ,:?: / ::. ~ ,.' ::): / }9 .' :::: / 92 ::~/'}~,'92 · ::~ / Oa / 92 } ~ / 941 ~ 2 }~ 1051~2 '.} ~ / 06 / .:}~/07/~2 }9/09/92 :)9/11/92 0~/11 /~2 0~/11/~2 ':}~/11/~2 09/11/92 · .}9/12/~2 09/12/92 09115/92 09/16/92 0~/16/92 09/17/92 99/18/92 09/18/92 09/18/92 09/18/92 09/20/92 09/20/92 09/20/92 09/21/92 09/21/92 09/22/92 09/25/92 09/25/92 09/25/92 09/25/92 09/26/92 09/2~/92 09/27/92 1005 1916 2':} i 1957 2020 1514 1 2305 0055 1 ~20 2036 2037 1323 1932 ~ 550 0725 11!4 1543 1618 1816 ~ 150 2056 ~147~ 1230 0237 1600 1610 0700 I~20 1400 2000 1~01 1425 2112 12~2 1850 1245 1300 1745 ~ ~5 i --31 ~2 0615 1112 0500 PRIOR LAKE PRIOR LA~:: E PRIOR ~A~.. = PRIOR LAKE PRIOR .'_AD::-- PRIOR LAKE F'RIOR LAKE CRED I T R I PRIOR :_AKE PRIOR LAKE PRIOr' LAKE F'RIOR LAKE PRIOR LAKE F'RIOR LAKE SPRING LAKE PRIOR LAKE F'R!OR LAKE PRIOR LAKE PRIOR LAKE CREDIT PiVER SPRING LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE F'RIOR LAKE PRIOR LAKE SPRING LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE PRIO~ LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIO~ LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE =IRE FIRE MEDICAL 10 5~ MEDICAL MEDICAL FIRE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL M~DIn^~ 10 ~5~ MEDICAL MEDICAL 10/52 MEDICAL MEDICAL MEDICAL 10/52 MEDICAL MEDICAL 10/52 MEDICAL MEDICAL 10/52 MEDICAL 10/52 MEDICAL MEDICAL MEDICAL 10/52 MEDICAL MEDICAL FIRE MEDICAL MEDICAL MEDICAL MEDICAL FIRE MEDICAL MEDICAL tIRE ALARM - ,-~q~,m~ , CAF: ~ ~ ~'~ TRANS~'OC~T O~E mO ST. F~ANC.~ ,r- ~: ~ PER CAN~E--E~ 5~2 CAR FIRE NO TRANSPORT CANCELLED NO TRANSPORT NO TRANSPORT TRANSPORT ONE TO 5, rn~N~IS NO TRANSPORT - DOA NO TRANSPORT 542 TRANSPORTED TRANSPORT ONE TO S 542 TRANSPORTED 542 TRANSPORTED THREE TO ST. FRANCIS TRANSF'ORT ONE TO RIDGES CANCELLED PER P.L.F'.D. TRANSPORT ONE TO FAIRVIEW SOUTHDALE CANCELLED PER DISPATCH 5~2 TRANSPORTED TRANSPORT ONE TO ST. FRANCIS NO TRANSPORT NO TRANSPORT DCA 542 TRANSPORTED TRANSPORT ONE TO RIDGES 542 TRANSPORTED NO TRANSPORTED 542 TRANSPORTED TRANSF'ORT ONE TO RIDGES NO TRANSPORT CANCELLED PER P.L. F'. D NO TRANSPORT TRANSPORT ONE TO RIDGES GAS LEAK UN~OUNDED NO TRANSPORT 542 TRANSPORTED TRANSPORT ONE TO ST. FRANCIS TRANSPORT ONE TO ST. FRANCIS LOST CHILD - FOUND NO TRANSPORT TRANSPORT ONE TO ST. FRANCIS 9 .' BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE The Prior Lake Park~ Advisory Committee was created in July, 1989 by an act of the Prior Lake City Council to:. (1) serve as a liaison between City Government and the Con,unity, (2) serve as a resource for new and existing neighborhoods, groups, and civic organizations seek%ng information concerning ~he Prior Lake ~ar~ System, (3) to assist City Government in setting open space, lana acquisition and. development.policies,.(4) to s~rve as a body to make recommendations to the City Council relating to specific Parks and ~pen Space development, and (5) to assist City Council in researching a variety of funding sources for the Capital Improvement Program and related park development. ARTICLE 1. NAME Sect. ion A. Name. .The legal name of the organization is the "Prior Lake Parks Advisory Committee". Section B. Office. The Office of the Prior Lake Parks Advisory Committee is at 4629 Dakota Street S.E., Prior Lake, Minnesota, 55372. ARTICLE 2. OFFICERS Section A. Officers. The officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. Section B. Chair. The Chair shall preside at all meetings of the Committee and shall have general charge of and control over the affairs of the Committee subject to the other members.. At egch meeting, the Chair shall submit recommendations and Information as she/he may consider proper concerning the affairs and policies of the Committee. Section C. Vice-Chair. The Vice-Chair shall preside at all meetings of the Committee in the absence of the Chair and shall perform such ot~er duties as may be assigned by the Committee. In case the Chair resigns or is unable to perform duties assigned for some other.reason, the Vice-Chair shall perform and be vested with all duties and powers of the Chair until such time as the Committee shall select a new Chair. Section D. Secretary. The Secretary shall be responsible for recording and compiling a written summary of all meetings held by the Committee and such other functions as may be determined by the Committee. Staff will serve in the capacity as secretary. 1 BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE PREAHBI.,E The Prior Lake Parks Advisory Committee was created in July, 1989 b~ an act of the Prior Lake City Council to: (1) serve as a liaison between City Government and the Community, (2) serve as a resource for new and existing neighborhoods, groups, and civic organizations seeking information concerning the Prior Lake Park System, (3) to assist City Government in setting open space, land acquisition and development policies, (4) ~o serve as a body to make recommendations to the City Council rela~ing to specific Parks and O~en Space development, and, (5) to assist City Council in researching a variety of funding sources for the Capital Improvement Program and related park development. four (4) Advisory Committee, as estab~ a.period not to exceed on July 1, ARTICLE 1. NAME Section A. Name. The legal name of the organization "Prior Lake Parks Advisory Committee". is the Section B. Committee 55372. Office. The Office of the Prior Lake Parks Advisory is at 4629 Dakota Street S.E., Prior Lake, Minnesota, ARTICLE 2. OFFICERS Section A. Officers. The Officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. Section B. Chair. The Chair shall preside at all meetings of the Committee and shall have general charge of and control over the affairs of the Committee subject to the other members. At each meeting, the Chair shall submit recommendations and information as she/he may consider proper concerning the affairs and policies of the Committee. Section C. Vice-Chair. The Vice-Chair shall preside at all meetings of the Committee in the absence of the Chair and shall perform such other duties as may be assigned by the Committee. In case the Chair resigns or is ungble to.perform duties assigned for some other reason, the V~ce-Chalr .shall perform and be vested with all duties and powers of the Chalr until such time as the Committee shall select a new Chair. Section D. Secretgr~. The ~ecretary shall be responsible for recording.and comp~llng a written summary of all meetings held by the Committee and such other functions as ~ay be determined by the Committee. Staff will serve in the capaclty as secretary. 1 FULL PARKS CURRENT TERM ELIGIBLE TERM~ ADVISORY DATE EXPIRATION TERM SERVED COMMITTEE ** APPOINTED= DATE: * LIMIT= TO DATE= Kathe Abrams 9/89 Doug Berens 9/89 Ron Ceminsky 11/90 Patrick Heaney 9/89 Arthur Schoot 9/89 Kathy Smith 9/89 9/92 9/96 1 9/92 9/96 1 9/9~ 9/96 1 9/92 9/96 1 9/92 9/96 9/92 9/96 i Note = For individuals who have served more than three and a~e in the middle of a current term, the Council adopted a policy of staggering expiration of terms based on seniority. terms City dates ** At least one vacancy exists on the Committee with the recent resignation of Tony Anderson If anyone has a question with regard to the above, contact City Manager Unmacht. please "APPT2" PARKS ADVISORY DATE COMH?TTEE ** APPOINTED: FULL CURRENT TERM ELIGIBLE TERMS EXPIRATION TERM SERVED DATE: * LIMIT: TO DATE =================================== Kathe Abrams 9/89 Doug Berens 9/89 Ron Ceminsky 11/90 Patrick Heaney 9/89 Arthur Schoot 9/89 Kathy Smith 9/89 9/92 7/93 1 9/92 7/93 9/92 7/93 9/92 7/93 1 9/92 7/93 9/92 7/93 i Note: For individuals who have served more than three and a~e in the middle of a current term, the Council adopted a policy.of staggering expiration of terms based on seniority. terms City dates From the Committee committee (4) years, 1993." At least one vacancy exists on the Committee with the resignation of Tony Anderson Parks Committee .By-Laws,"The Parks Adv~so~ as estgblished will function as an advisory to the City Council for a period not to exceed four with all appointments term~nating on July 1,/ recent If anyone has a question with contact City Manager Unmacht. regard to the above, please #APPT2" CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (h) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF RESOLUTION 92-28 ADOPTING COLLECTOR STREET FEE AND AMENDING ASSESSMENT POLICY OCTOBER 12, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose for this agenda item request is to formall~ approve agd adopt a col%ector street fee. This new funding mechanism ls to provide a supplementary source of revenue to finance those corridor/trail/parkway type improvements associated with the City's collector street system. A corresponding Assessment .Policy amendment has also been prepared and ~s attached with the agenda report. This statement expands upon the funding relationship between the use of Municipal State Aid funds and the application of the Collector Street Fee charge. The collector street fee pr?posal was first considered by the City Council on February 18, 1992. Following the. discussion .at this meeting, Staff determined the f~nanc~ng level necessary to adequately fund our street collector system. From this outcome, four alternatives were derived and presented for preliminary consideration during a workshop session of 9/3/92. Subsequently, on September 8, 1992 final action was tabled temporarily to address certain Council concerns. While Revenue Mix #3 provides a full funding opt%o9 to elimingte the projected shortfall anticipated within the course of the current five yegr period, it also represents the most aggressive approach from ?roject implementation standpoint. Therefore, it may be more prudent to go with a lesser acreage amount ($700.00/acre) initially and modify the charge based upon an annual review analysis of available funds and project status. This approach would mitigate the .immediate financial impact upon developer, buzlder and home buyer. And even though this method does not resolve the immediate shortfall, this selection is the most reasonable alternative when instituting a new development fee. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: The alternatives available to the Council are: 1. Approve Resolution 92-28 Adopting Collector Street ~ee of $700.00/acre an~ $250.00 per building permit application as defined. 2. Select another revenue mix from the options reviously reported to the. Council during ts September 8, 1992.meeting. 3. Reject the Collector Street Fee proposal in its entirety. RECOMMENDATION: Due to the above reasons, Staff would recommend Alternative #1 as the the most economically feasible and equitable means to finance the City's street collector system. ACTION REQUIRED: Motion as part of the consent agenda to approve Resolution 92-28 A Resolution Adopting Collector Street Fee charges respectively of $700.00/acre and $250.00 building permit fee is in order. In addition, approval of the City Assessment Policy amendment, as submitted, is also in order. P RESOLUTION 92-28 A RESOLUTION ADOPTING A COLLECTOR STREET FEE MOTION BY: SECONDED BY WHEREAS, the City Council of the City of Prior Lake the need for financing the construction of street and appurtenant improvements; and recognizes collector the City Council acknowledges that Municipal State Aid funding is inadequate to completely fund the City's transportation system with respect to its designated MSA streets; and the City of Prior Lake plans to fund collector street improvements through a combination of devel?pm~nt charges in the form of an acreage fee and building permit fee. NOW, THEREFORE BE IT RESOLVED, by the Mayor and City Council that the following rates for street collector fees are hereby approved and established: Development Acreage Fee * $700.00 per net developer acre of property, due and payable at time of final plat approval. Building Permit Lot Fee ** $250.00 per residential lot or RED unit due at time of building permit application. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White {Seal} DaVid J. Unmacht City Manag?r City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (Assessment Policy Amendment) (dated 10/19/92) SECTION III - IMPROVEMENT TYPE APPLICATION Collector Street Improvements . The City's designated Municipal State Aid system of roadways has evolved into a network of collector streets that direct traffic to distribution points connecting with central trunk arteries such as State an~ County highways. Whi%e collector streets serve and benefit the entire communIty, certain aspects of construction provide a more local impact upon a neighborhood and should be borne by that specific area. A%l collector pedestrian related improvements i.e., bikeways, Sld~walks, trail systems plus. excess r~ght of way are designated as area-w~de beneflc~eries. While actual costs associated with construction of the collector street such as engineering, grading, bituminous and curb and gutter installation are deemed to be reimbursable from MSA funds. The most e~uitable funding approach is to be a two-tier fee incorporating an acreage fee to be collected at t~me of developer's agreement, complemented by a road charge on the building permit. This distribution method shares the financial responsibility between the builder and the land owner/developer. The Collector Street Fees are calculated as follows: Development Acreage Fee * $700.00 per net developer acre of property, due and payable at time of final plat approval. Buildinq Permit Lot Fee ** $250.00 per residential lot or RED unit due at time of building permit application. The developer shall dedicate 50 feet of right-of-way and the City will reimburse any right-of-way in excess of 50 feet at a current rate cost of S8,000.00/acre. The fees are to be dedicated to the Collector Street Fund and are to be used for the purpose of reimbursement of excess ROW, collector street improvements and pedestrian trail improvements associated with such MSA streets and the City's municipal share of County road related trail improvements. CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3 (i) JOEL RUTHERFORD, ENGINEERING TECHNICIAN CONSIDER APPROVAL OF RESOLUTION AGREEMENT WITH MnDOT OCTOBER 19, 1992 92-33 INTRODUCTION: The purpose of this Agenda item is to consider approving an agreement with the Minnesota Department of Transportation. This agreement would allow reimbursement from the State Aid Administrative Account for funds used for certification courses. BACKGROUND: In order to improve the quality of road construction inspection, the Minnesota Department of Transportation has approved a certification program for all state aid projects. .Beginning qanuary 1, %994 all state aid work will be ~e~ulred to be inspected by a certified technician. The certification process requires technicians to attend courses that, in the past{ were paid for by each local agency. The Division Director for state aid has recently.d~termined that the tuition costs for the certification courses are eligible for reimbursement from state aid funds. DISCUSSION: Technicians for the City of Prior Lake are about half way through the certification process, with about 6 to 8 additional courses needed for completion. Tuition for each course ranges.from about $75 to $200. The total expenditures for the courses needed to complete the program is estimated to be under $1,200 which is less than the $5,000 maximum allowed for reimbursement. In order for the City to become eligible for reimbursement, the C~ty Council must approve an agreement between the City and the State of Minnesota (see attached.) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~ EQU^L OPPOm~¥ RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: Recommendation is to approve Resolution No. 92-33 approving the agreement between the City of Prior Lake and the State of Minnesota, and authorize signing the agreement. The alternatives are as follows: Approve Resolution No. 92-33, and authorize Staff to sign the agreement. 2. Table this item for a specific reason. 2. Deny Resolution No. 92-33. If the resolution is denied, the funds used for the certification courses are taken from the budget. If the resolution is approved the City will be eligible for reimbursement from State Aid funds. Make a motion, as part of the Consent to approve Resolut%on No. 92-33, authorize Staff to sign the agreement. Agenda, and to RESOLUTION 92-33 RESOLUTION APPROVING CERTIFICATION REIMBURSEMENT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION MOTIONED BY SECONDED BY WHEREAS, the State Aid for Local Transportation Division of the Minnesota Department of Transportation requires that certified technicians be used on all state aid work beginning on January 1, 1994; and WHEREAS, the State Aid for Local Transportation Division Director has determined that the tuition cost for the certification classes are eligible for reimbursement; and WHEREAS, in order for the City of Prior Lake the City Council must approve the between the City of Prior Lake Minnesota. to be reimbursed, agreement attached and the State of NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the attached agreement is approved. Passed and adopted this 19th day of October , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White ..L White {Seal} David J. Unmacht City Manager City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT~70/~// · term mo. Acc.lu vrg. ,'. 680439 cosu, dob or uiien' uo~e ~ounu ~uz= .x TYPE OF TRANSACTION Entered by Entered by 4~ Vendor name Address PRIOR LAKE 4629 Dakota Street SE Prior Lake, MN 55372 THIS AGREEMENT is made by ~nd. be~.~een the staue of Minnesota, acting by and through the Commissioner o~ the .m~nneso=a DeDartment of TransDortat~on (h~re~naft~r referred to as "MN/DOT") and PRIOR LAKE (hereinafter referred to and "Recipient"). WHEREAS the State is authorized to administer the State Aid Administrative Account pursuant to MN Statute 162.06, Subd. 2; WHEREAS the Division of State Aid requires all personnel working on State Aid work be certified; WHEREAS the certification of technicians will ensure consistent inspection and high quality roads and bridges; NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, the parties to this Agreement mutually agree as follows: I. Term of Aqreement This agreement shall be effective upon ~uch date as it is executed as to encSmbra~ce.~y ~e Cgmmissio~e~ of_F%na~9~ ~_~ ~__m~_i~_~ effect until all oDli~a~ions se~ ~or~n in ~nlS agr~m~nu n~v= u= . satisfactorily fulfilIed, or.Decembe~ 31, 1995, wSi~hever occqr~ f~st, ~y whigh t~9 all requests =or reimbursement must De receive~ ~n the state Aid o::ice. II. Conditions of Aqreement All personnel working on State Aid work, including but not limited to cons%ruction' inspectors, and field testers, must De.certified through the Technical Certification Program on all work beginning on or after January 1, 1994. III. Reimbursement by MN/DOT MN/DOT agrees to reimburse the Rgcipient a~ .amoun ~han $5,000.00 total tu~ion costs ~ncurre~ ~o~ p~r~onn~ State A~d work for the successful completion o= c±asses taken between Nove.mber 1, 1992, and July 31, 1995. Recipient agrees to pay all costs not ~ncluded in, or which exceed, said amount. A: ~ecip$gnt must.submit a resolution from the County Board/City councml approvmng t~e agreement. B: Request for reSmbursement must ~e,submitted on R~cipient's le~terhea~ indmcating, each p~rtmc%p~nt's n.ame, tmtle of each course taken, ano amount to De reimourse~ zor each course. C: RecipSe~t ~us~ submit a c9py of pay~.ent vopcher or a copy of the cance±eo check as proof oz payment tot each course. D: Request must be submitted to: Assistant State Aid Engineer DeDt. 9f ~ra~sportat~on, Room 420 395 Jonn Ireland BlvQ. St. Paul, MN 55155 Audits IV. Ai~ recQrds,.~Qoks, documgnts, an~ accounting procgdures and. practices ~%~y~nt qo ~s agree~en~ ~re subject to auQi~ an~ examinia~on Dy /uuT an~ e~ner ~he ~e~islative Auditor or State Auditor as apDroDriate. Termination of this Aqreement V. MN/DOT may withhold payment_or terminate this A~reement at_any time if the Recipient does not comply with the provisions of this a~reement. General Provisions VI. The Recip%ent ~grees ~o i~demn~fy and say9 a~ h91~ the State, it~ ag~s an~ emplgyees' ~armie~s ~rom any aD~ a££ c±a~ms or cause~ o~ ~t~gn.ari~in~ ~rom~tne perz~..r~anc9 o~ th!s.~regmgnt by ReciD~ent.'s participants or employees. ThiS clause sna±l not De conszrue~ to Dar ~ny. lega~ rgmg~$9~ ~9~ipig~ o~ its participant'9 have for the State's ~a~±ure to ~u£~lll it s oD£1gation pursuant to tnis a~reement. VII. Any amendments.to this a~reement shall be in writing and shall be approved by MN/DOT and the Recipient. APPROVED: RECIPIENT: COMMISSIONER OF TRANSPORTATION: BY: BY: City/County Engineer DATE: DATE: City Clerk/County Auditor BY: DATE: ATTORNEY GENERAL: BY: DATE: DEPT. OF ADMINISTRATION -DEPT. OF FINANCE BY: BY: DATE: DATE: TO: Mayor and City Council FROM= Ralph Teschner, Finance Director DATE: Oct. 6, 1992 RE= Oct. 1, 1992 Treasurer's Report FUNDS General Sewer & Water Capital Park Debt Service Construction Tax Increment Equip. Acquis. Trunk Reserve 09/1/92 BALANCE (16,190.14) 42,408.24 25,178.26 90,750.55 22,149.36 34,127.24 1,505.82 11,946.03 lO/1/92 RECEIPTS DISBURSEMENTS BALANCE INVESTMENTS 340,618.22 315,570.68 8,857.40 825,000.00 38,614.76 77,114.91 3,908.09 995,980.16 5,542.47 17,243.43 13,477.30 100,000.00 95,960.35 150,480.00 36,230.90 5,366,000.00 975.21 322.85 22,801.72 275,000.00 60.82 0.00 34,188.06 2.33 391.04 1,117.11 3,036.19 .... 3~298.57 11~683.65 425~000.00 TOTAL 211,875.36 484,810.35 564,421.48 132,264.23 7,986,980.16 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ESo CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3 (k) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL FOR FINAL PAYMENT ON PROJECT 90-12, TOWER STREET AND TORONTO AVENUE IMPROVEMENTS OCTOBER 19, 1992 INTRODUCTION BACKGROUND: The City of Prior Lake contracted with Brown & Cris of Lakeville, Minnesota for the construction of grading, aggregate base, storm sewer, concrete curb and gutter, concrete sidewalk, bikeway, lighting and street improvements for the following areas: Toronto Avenue from Tower Street to Trunk Highway 13. Realignment of Vine Street and Tower Street between CSAH 23 and Toronto Avenue. (Vine Street is now Tower Street and Tower Street is now named Maplewood Street.) Realignment and extension of Duluth Avenue to the new alignment of Tower Street and Vine Street. The purpose of this Agenda item is to receive Council approval of the final payment on this project. Brown & Cris, Inc. entered into a contract with the city on July 16, 1990. The city's engineering staff prepared the plans and specifications, and performed the contract administration on the project and has certified that the work has been completed according to the specifications. Most of the construction work su?h as the grading and installation of the ~ldewa~k, .lighting, curb and gutter and initial bituminous surfacing layer and restoration work was done ~n the 1990 construction season. A portion of Tower Street was constructed over peat deposits and a lightweight fill section was constructed for the roadway embankment. The curbing and paving was delayed until October of 1991 to allow as much l?ng term settlement as possible. The paving was done just before the Halloween snow storm of 1991 with the final restoration and punchlist items completed in 1992. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F3,4PLOYER ALTERNATIVES: RECOMMENDATION: BUDGET IMPACT: ACTION REQUIRED: The Contractor has signed the final and submitted the following necessary for final payment: estimate documents Consent of Surety to Final Payment Affidavits for Obtaining Final Settlement of Contract with the State of Minnesota and any of Its Political or Governmental Subdivisions. Lien Waivers The contract bid amount for the project was $382,105.00 with the final contract amount to complete the project is $398,778.58. The final proje?t cost was $16,673.58 over the contract bid amount. The final contract amount includes the amount for Change Order #1 approved on January 7, 1991 of $8,452.63 and for Change Order #2 approved on November 10, 1991 of $16,714.62. These Change Orders amount to $25,167.25 final amount and includes $13,199.56 for the installation of sanitary sewer and watermain lines from the old Tower Street location to new Tower Street right of way line in order to serve the Woodridge Estates 1st Addition subdivision. The final payment due to the Contractor is $10,081.25. The invoice for final payment has been included with the invoices of this month for Council approval. The alternatives are as follows: Approve a motion authorizing final contract payment for Project No. 90-12, in the amount of $10,081.25 to Brown & Cris, Inc. 2. Disapprove the motion for a specific reason. 3. Table this item for specific reason. Alternate number one is recommended as the Contractor has completed the work, submitted the necessary documentation and has agreed to the final payment. This project will be Assessments, Municipal Trunk Reserve Fund. paid through Special State Aid Funds and As part of the Consent Agenda, make a motion to authorize final payment to Brown & Cris, Inc. in the amount of $10,081.25 for Project No. 90-12. October 9, 1992 Dave Unmacht City Administrator City of Prior Lake City Hall Prior Lake, MN 55372 Re-. City Council Meeting October 19, 1992 Dear Dave: This is to confirm our recent telephone conversatiOn wherein I requested the P.L.U.S. Committee be given time to address the Prior Lake 'City Council. You have allotted our group approximately 20 minutes on the evening of October 19, 1992. We will have a brief presentation on who and what P.L.U.S. is as well as materials to explain our supporting position for the upcoming school referendum proposal. I have attached 2 brochures that outline some of the more compelling needs in our school district. I would appreciate your distributing them to the Mayor and Council members prior to the meeting so they may familiarize themselves with these numbers. If you have any questions or suggestions as to how to make our presentation and request for support more effective please do not hesitate to contact me. Thank you for your cooperation and support in arranging our time at the October 19th council meeting. Sincerely, ~./~.S. Steering Committee LCM encl. Work Phone - 8:00 to 2:00 - 440-1040 2:00 to 5:00 - 447-6006 Home Phone - 447-5633 LAKE ADVISORY COMMITTEE ANNUAL REPORT The ~ollowing is the first Annual Report of. the Lake Advisory Committee. By an act of the Prior Lake City Council, the Lake Advisory Committee was formed in October, 1991. Membership on the Lake Advisory Committee consists of: Chair~ Tom Watkins, Vice-Chair~ Dave Moran, Secretary~ J0dY Stroh, Dave Vinlove, John Wingard, Bill Packer, and Pete Patchin. Please see "Attachment A" for a .listing of Committee member details. Staff representatzve for the Lake Advisory Committee is City Manager~ Dave Unmacht. The DurDose of this Annual Report is to comply with the Lake Advi~or~ Committee Bylaws as prescribed within Art%cl, 4~ Section A, "Sco~e of Powers & Duties." The Lake Advisory Committee each year in an "shall qlve an accounting of its activities Annual -Report." In addition, in Article 4~ Section C, "One Year Evaluationt%, the city Council is charged with examining and monito.ring the progress of the committee in reviewing the goals, objectives, and ~esults of the committee's activities and make a determination if the committee should continue on as charged in the Preamble of the Bylaws.. Enclosed as "Attachment A" is a copy of the Lake Advisory Committee's Bylaws. The report of the Committee will be divided topics: into specific work EURASION WATER MILFOIL The dominant agenda item of the Lake Advisory Committee has been_ %he _implementation .of the 1992 Eurasion Milfoil Action Plan. Discussion and action on Eurasion Milfoil hgs been an ongoigg activity of ~he Lake Advisory Committee. The committee has spent time at each one of its twelve (12) monthly . meetings discuss%ng Eurasion Milfoil. The commxttee is responsible for, or has played an active role in the following activities: A. Preparation of the Job Description Eurasion Milfoil Search Coordinator. B. for the Ce Preparation, recommendation, and implementation of Eurasion Milfoil Ordinance 92-01. Interaction with the Department of Natural Resources and the Scott County Sheriff's Department on the enforcement of the Eurasion Milfoil Ordinance. D. Monitoring Eurasion Milfoil treatment programs. E. Discussion on the 1993 Eurasion Milfoil Action Plans. F. Preparation of language for Eurasion Milfoil signs. Testifying at legislative hearings on the impact of Eurasion Production of a local cable television program promoting Eurasion Milfoil identification, management, and eradication. Research on Eurasion Milfoil eradication and control utilizing underwater and scuba diving techniques. The Lake Advisory Committee is currently working_ with the Watershed District in preparation of the 1993 Eurasion Milfoil Action Plan. A brief update on funding ideas was provided to the City Council at their September 3, 1992 budget workshop. Recommendations on an official Action Plan will be forwarded to the City _Council when the Watershed District completes their Eurasion Milfoil Planning and Funding Analysis. II. LAKE REVIEW COMMITTEE REPORT The Lake Advisory Committee has spent extensive time discussing and prioritizing the many Lake Review Committee recommendations. (Enclosed please find "Attachment Be, a synopsis of the co~ittee priorities from the City Council Work Program and "Attachment C", a the 12, synopsis of November 1991 discussion of the committee's priorities.) The committee is now in the process of re-evaluating the_wor~ program in developing their 1993 goals and objectives. Research and discussion have occurred on many of the priorities listed. III. WETLAND MANAGEMENT ACT IV. The committee received a presentation from City Staff members Larry Anderson and Bruce Loney 0n the activities of the City with respect to water .quality improvements and the Wetland Management Act. City Staff reviewed the specific projects and acttvitSes underwa~ with respect to improving water quality especially in the implementation of water quality ponding and storm water discharge. WATERSHED DISTRICT INTER-RELATIONS A sub-committee was formed consisting of Dave Vinlove and John W!ngard whose purpos~ is. to serve in a liaison capacity with the Watershed District. The sub-committee has met with Watershed D~strict officials and has been formally directed by the committee to increase the Watershed District's awareness of the community's concern for upstreamponding, water level management, and water quaiity improvem~nts. The committee interacts regularly with Watershed District officials. Bill Dilks was invited to address the committee upon his hiring in the Summer, 1992. In addition, the committee e.xploFed with th~'~%C~¢ouncil and the Watershed District Board, the possibility of combining the Staff Coordinator an~ the La~e. Advisory Committee/Water Resources Coordinator position? A decision_was made by both jurisdictions to not combine the positions at this time. V. STORMWATER UTILITY FEE VI. The committee has investigated and researched the possible implementation of a Stormwater Utility Fee. The Stormwater Utility Fee would serve to provide for Staff assistance to the co~mittee; development, and implementation of the 509 Plan; and many other water quality related purposes. In addition, the Sto.rmwater Utility Fee (proposed to be a?proximately $5.00/bi-monthly s~wer and water bill) w111 provide resources to physically construct water quality and water management improvements. At this funding level the estimated fee will raise approximately $100,000.00 per year. Currently, the City Council is reviewing the .Lg. ke Advisory Committee recommendation and will take action on this specific item during the 1993 budget process. MISCELLANEOUS PROJECTS The Lake Advisory Committee was involved in discussion, research, and review of many miscellaneous topics. Included among those were the infestation of Zebra Mussels within Minnesota, the future of the Prior Lake Marina, the Watershed District's Outlet Management Policy. In addition, the Lake Advisory Committee invited several guests to appear before them for a variety of reasons. These guests included County Commissioner; Dick Underferth to discuss enforcement of Eurasion Milfoil, Watershed District Representat%ves; Jerry Meysembourg and Rick Adams to discuss Euraslon Milfoil and Watershed District inter-relationships, S~nator Terry Johnston and Representative Becky Kelso to d~scuss Eurasion Milfoil legislation and Rich Brasch; Water Resources Coordinator for the City of Eagan to discuss the Stormwater Utility Fee proposal. VII. 1993 GOALS & OBJECTIVES The Lake Advisory Cgmmittee is currently in the process of developing their 1993 Goals & Objectives. The committee members have been asked by Chair; Tom Watkins to develop a lis~ of prigrities to be included in an upcoming di~c~sslon session. Clearly the .synopsis 9f work priorities and the ongoing Eurasion Milfoil management are going to be central features of a 1993 program. In addition, the continuing interaction with the Watershed District and the liaison function with espect to water management and water quality mprovements will be a key aspect of the 1993 program. The Committee is also seeking Council direction on community-wide priorities prior to finalizing their goals and objectives. LAKE ADVISORY COMMITTEE "ATTACHMENT A' TERM ELIGIBLE FULL TERMS DATE EXPIRATION TERM SERVED APPOINTED: DATE: LIMIT: TO DATE: Dave Moran Peter Patchin Jody Stroh Tom Watkins Dave Vinlove John Wingard Bill Packer 10/91 10/94 10/96 10/91 10/93 10/97 10/91 10/93 10/97 10/91 10/93 10/97 10/91 10/93 10/97 10/91 10/94 10/98 10/91 10/93 lo/9s Note: For individuals who have served more than three terms and a~e in the middle of a current term, the City Council adopted a policy of staggering expiration dates of terms based on seniority. If anyone has a question with regard to the above, contact City Manager Unmacht. please "APPT2" "ATTACHMENT BYLAWS OF THE IAKE ADVISORY COMHITTEE PREANBLE The Prior La~e "Lake Advisory Committee" (LAC) is hereby created. The Lake Advisory Committee is created to: (1) research, study and make reconu~endations to the City Counc£1* on the info.matron contained within the report entitled "Water Resource Management - A Guide For Balanced Future", (2) research, study and .make recommendations to the City Council on the Lake Review Committee Report Work Program, approved by the City Council on June }7, 1991; and (3) serve as an advisory body to City staff and CLty Council on 'the many 19ke' m~na~ement, r~lated issues being addressed by the various jurisdictions within the watershed. ARTICLE 1. NAME Section A Name: The legal name of the organization is the P-~r Lake "Lake Advisory Committee". Section B Office: The Office of the Prior Lake "Lake Advisory Committee" is at 4629 Dakota Street S.E., Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Section A. Section B. Section C. Officers: The Officers of the Prior Lake "Lake ~dvisory Committee" shall be a Chair, Vice-Chair and a Secretary. Staff may serve as an official Secretary of the Committee. Chairperson: The Chairperson shall preside at all meetings of the Committee and shall have general charge of and control over the meetings of the Committee subject to the Bylaws and policies of the Committee. At each meeting the Committee members and Chairperson .may, as appropriate, submit reco.m~.endatlons, lnfor~.ation and agenda items to be considered by the Committee for its general conduct of business. When required, the Chairperson may also act as spokesperson for the Committee. Vice-Chairperson: The 'Vice-Chair?erson shall preside at all meetings of the Committee in the absence o~ the Chairperson and shall perform such other duties as may be assigned by the Committee. In case the Chairperson resigns or is unable to perform duties assigned for some other reason, the Vice-Chairperson shall perform and be vested with all duties and powers of the Chairperson until such time as the Committee shall select a .new Chairperson. Section D. Section Section F. Section G. Section H. Secretary: The Secretary shall be responsible for reCOrding and compiling a written summary of all meetings held by the Committee and such other functions as may be determined by the Committee. Staff: Staff~ Committee shall be assigned by t e-]~ity Manager and shall have general supervision over the day-to-day administration of its policies, and recommendations pursuant to its actions by the Committee. Staff may also serve as Secretary and be responsible for recording and compiling a written summary of all meetings held by the Committee. Initial Appointment: The Committee shall consist of seven members. For the initial appointment procpss only each Councilm~mber shall appoint one Committee member and the City staff shall appoint two Committee members. Terms for the initial Committee appointments will be staggered terms of one{ two and three years. After the initial terms expire, all future terms shall be for a period of two years, effective from the date of appointment. The Chairperson and Vice-Chairperson shall be elected by a majority of the Committee from among members of the Committee and shall hold office for a one (1) year period, or until their successors are elected or appointed. Vacancies: If the Office of Chairperson and/or 9'~ce-Cha~rperson becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the committee, the City Council shall appoint a replacement to complete the term or fill a new seat. Appointment by the City Council to vacancies on the Committee will be made by the following.process: 1) Council forms a subcommittee consisting of the Mayor,.appointed Councilmember and City Manager; 2) vacancies are advertised in the Prior Lake American; 3) recommendations of the subcommittee are made to the City Council; and 4) the City Council shall appoint a replacement to the Committee. Call For Resignation: It shall be the duty of each Committee member to actively participate in the affairs of the Committee and to attend its regular and special meetings. In the event that a Committee member is not present for 75% of the regular meetings during a calendar year, the Committee shall direct the Chair to send a Call for Section A. Section B. Section C. Section D. Resignation, in the form ?f a request to the absent Committee member. In add~tion, if the Committee member is not present for three consecutive regular meetings during the year, the Committee shall direct staff to send a letter to the member nquiring of his/her status on the Committee ncludinq an inquir~ into his/her interest in remaining on the Committee. ARTICLE 3. MEETINGS Regular Meetings: Regular meetings, generally ~11 be held on the ~econd Tuesday of each month at 30 p.m. at the Prior Lake City Hall, 4629 Dakota Street S.E., Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting may be rescheduled by the Committee. Regular meetings may be rescheduled, changed or cancelled depending upon unique circumstances, and subject to the approval and consent of both the Chairperson and/or Vice-Chairperson. Special Meetings: Special me~tings of the Committee may be 6alled by the Chairperson, staff, or two (2) members of the Committee for the purpose of transacting agy business. When staff recommends calling a special meeting, approval must be received.from a Chairperson or two (2) members of the Committee. The Call For a Special Meeting may be delivered prior to the time of the proposed meeting to each C?m~.ittee member as soon as possible upon dete'rmlnlng when the special meeting will be held. At such meetings no business shall be considered other than that designated in the Call For a SpeCial Meeting. Such special meeting may be held in locations other than the place of regular meetings. Quorum For Regular and Special Meeting~: A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may meet from time to time if a quorum cannot be obtained. Action may be. taken by the Committee upon a vote only when majority of the Committee present. Conduct of BusinesS: The conduct and order of business at regular meetings will be determined by the Committee. An agenda for each meeting shall b~ prepared and accompanying supporting material shall be distributed to the Committee no later than the Friday preceding the regular meeting. Copies of the agenda and other related materials shall, be given to the City Council and at all times practical, published in the Prior Lake American. Section E. Section A. Section B. Section C. Section D. ~: All members of the Committee, have equal ~ authority: In addition to a .quorum. being required for egch meeting of the Committee In o~der to conduct business, a majority of those members present shall b~,reauired to transact business and approve any ~%'~J~fore the Committee. ARTICLE 4. SCOPE OF POWERS AND DUTIES powers and Duties: The Committee shall act in an advisory capacity to the Prior Lake City Council. The committee shall advise the City Council on matters identified in the Preamble. On an annual basis, the Committee shall outline its duties in the form of Goals and 9bjectives and shall give an accounting of its activities at a City Council meeting each year in an annual report. The Committee may pgrform duties as .s~ecifically directed by the ~ity Counci% not identified.in the Preamble. Additional, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. Subcommittees: The Committee may provide for such ~ubCommittees as it deems necessary to implement the goals and objectives of the Committee and may delegate such powers and duties to such subcommittees necessary to carry out its functions. One Year Evaluation: At the end of the first year of the committee (August, 1992), the City Council will examine the activities of the Lake Advisor~ Committee. This examination will include monitorlng the progress of the committee, reviewing the .goals, objectives and results of the committee's activities and determine if the committee should continue on as charged in the Preamble of the Bylaws. General: These Bylaws shall govern t~e conduct ~nd pr6cedures of the Lake Advisory Committee. If an issue is raised or a point is made which is not covered in the Bylaws, the procedures to respond to the issue or point shall be governed by Roberts Rules of Order Revised. 4 Section A. ARTICLE 5. AMENDMENTS : These Bylaws may be amended at any the Committee provided that notice of such ;ed amendments shall be propos mailed to each member of th~ Committee at least two (2) days prior to such meeting. The amendment of the Bylaws and the vote required shall be in accordance with that set forth under the voting provisions of these B~laws. The Committee may amend the Bylaws without C~ty Council approval, however, the City Council may veto a~y amendments adopted by the Co.mm. ittee within 60 days of the date of the committee's adoption of the amendment(s). 5 "ATTACHMENT C" SYNOPSIS OF THE COM]4ITTEE PRIORITIES OF THE CITY COUNCIL WORK PROGRAM In an ~ffort to prioritize the 55 recommendations contained in the City Council Work Program (dated.AprIl 20, 1991), the Lake Advisory Committee members 'individually ranked their recommendations within each Lake Review Committee Subcommittee. Thes? rankings were then compared with oge 9n?ther to develop a committee prlority schedule. The top priorities are as follows: WATER LEVEL 1. a. Establish an aggressive policy of water retention (up stream) ponding. The study should be conducted to determine adverse impacts associated with high water such as erosion, sewer line impact, flood proofing potential for structures in the flood plain. 2. A. Prepare a Comprehensive Lake Level Management Plan. Bo Develo~ lake level plan that defines optional outlet operation level and lake elevation. 3. A. Review the 1987 Outlet Management Policy. WATER QUALITY 1. A. Basins that serve desiltation purposes should be protected. B. Define and reduce non point source pollution into waters. 2. A. Watershed District should retain an independent engineering firm to test all major lakes on a monthly basis. Be Increase education awareness of lake issues/deyelop water quality ?ublication for residents/coordinate community education programs. 3. ao Siggage at boat access should be increase to warn against Eurasian Water Milfoil. WATER USE 1. A. Re-evaluate Scott County Ordinance number 9 for Surface Water Management. B. Adopt Noise Level Ordinance for waterways. LAKE ADVISORY COHHITTEE ETHICS PURPOSE: The purpose of this section is to provide broad guidelines for the conduct of the individual Lake Advisory Committee (LAC). Each LAC member must bear the responsibility of adherence to these guidelines. In the event a problem presents itself, the Chairperson shall take the initiative to resolve the matter in a procedure and time frame most appropriate· Lake Ad¥isory Committee members who have a current or ongoing business relationship or yested interest with an applicant or other parties with significant interest in the matter before the Committee WHICH WOULD DIRECTLY OR INDIRECTLY BENEFIT THE LAC MEMBER THROUGH PERSONAL MONETARY GAIN, shall refrain as an active member of the Committee from discussion and voting on the matter. Vested interest is to mean any Interest(s) or issues that may present a conflict of interest now or anticipated in the future. If a committee member or the committee determines that an individual would directly or indirectly benefit through personal monetary gain on a matter before the committee, the individual may participate in the discussion of the matter, but not as a sitting member of the committee· The individual must remove himself/herself from the committee and address the committee as any other individual may on the issue before the committee. A La~e Advisory Committee member's opinign pertaining to a function, organization or specific application shall not be given to the medi9 .unless there is a clear qualification that the opinion is that of the member and not that of the entire Committee. If a LAC member gives or represents the open,on(s) of the Lake Advisory Committee those opinion(s) must be a~proved by a consensus of ~he Lake Advisory Committee and recorded in Its minutes. Lake Advisory Committee members shall conduct themselves as professionals when representing the Committee. 4. A Lake Advisgry C?mmittee shall avoid any appearance of impropriety. 5. A Lake Advisory Committee shall make every attempt to visit the s~te prior to discussing site related issues. 'ATTACHMENT D' SYNOPSIS OF THE N~~~12, 1991 DISCUSSION ON THE COMMITTEE'S PRIORITIES In an effort: to present the Committee priorities into a defined work program, staff _has incorporated the discussion from the November 12~ 1991 Committee meeting into the ~oriqina! 'Syno~sis of the Committee Priorities of the City Council Work Program. The Committee Priorities for presentation only have been categorized based 9n the alphabet. No ranking should be inferred from the Priorities A thru M. The Committee will determine a priority at a future date. PRIORITY A Establish an aggressive policy of water retention_(up stream) ~onding. A study should be conducted to determine adverse Impacts associated with high water such as erosion, sewer line impact including inflow and infiltration and flood proofing for structures in the flood plain. Incorporated in the study should be an analysis of the importance of protecting basins that serve desiltation purposes. Committee should initiate action on this by meeting with the County and Watershed District officials to ascertain their interest in pursuing the study and policy. PRIORITY B Committee.wil! prepare a Comprehensive Lake Level Management plan. Th~s Plan will review the.outlet operation management policy and study the lake elevation history. Co~ittee should begin activities to implement this priority by review of the 1987 Outlet Management Policy and discuss the priority with the Watershed District. PRIORITY C Define and reduce non-point source pollution into local waterbodies. --- Activities to begin this would include: review of the existing laws, a discussion with City Planner, Horst Graser, and meetings with the Metropolitan Council and Metropo~itan Waste Control Commission officials to determine their work on this priority. 2, Ao 3. A. GOVERNANCE 1, Be 3, A, City undertake feasibility study for public marina. Public access points should be better identified City and Scott County should investigate for surface water management. funding sources to coordinate jurisdictional City should create ~ staff ~osition activities of Lake Advisory Committee. Identify who has water management responsibility. DeVelop a matrix of proposed projects and funding sources. "LACFOL" PRIORITY D Watershed District should retain an independent engineering firm to test all ma~or lakes on a monthly basis. _The test!hq will Include the accumulation of baseline data on information such as nutrients, water clarity, chlorophyll and oxygen levels. --- This activity will begin by staff contacting the Watershed District to discuss their interest in this priority. PRIORITY E Increase education and awareness of lake issues, develop water quality publication for residents and coordinate community education programs. (Staff was directed to utilize the Wavelength Newsletter, if possible). Bill Packer will contact Jim Riccioli for his interest in a column in the Prior Lake A~erican. (Packer letter to Unmacht enclosed in December 10 Agenda.) PRIORITY F Signals at boat accesses should be increased to warn against Eurasian Mil foil. PRIORITY G Dave Moran will present proposed sign language and Tom Watkins will work with the Lake Association on their interest In participating in this priority. Revaluate Scott County Ordinance manage,ent. for surface water The Committee will begin this priority by meeting with Sheriff Nevin to determine his plans for the implementation of Scott County Ordinance #9 through the DNR's office. PRIORITY H Adopt noise level ordinance for waterways. --- The Committee will begin implementation of this priority by reviewing existing noise level ordinances of other communities. PRIORITY City will undertake a feasibility study for a public marina. --- The Committee will begin this _activity by developing a specification plan for firms to use to bid on the study. PRIORITY J Public access points should be better identified. --- The Co~aittee viii begin this activity by reviewing the .information compiled .by the Lake Review Co~mlttee Water Use Subcommittee. PRIORITY K Identify who has w~ter management Jurisdictional responsibility. In this research, investigate funding sources for surface water management through the City, County and Metropolitan agencies. The Comittee can begin implementation Priority by discussions with Watershed Scott County, and DI~R officials. of this District, PRIORITY L City should create a staff position to coordinate activities of the Lake Advisory Committee. This priority has begun and is proceeding through a -- discussion with the Watershed Board. PRIORITY N Develop a matrix of proposed projects and funding sources. --- This priority can be implemented after other information and research has _bee~ generated from other priorities and work activities. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF SIGNALIZATION PLANS CSAH 21 AND CSAH 39 INTERSECTION OCTOBER 19, 1992 FOR INTRODUCTION: BACKGROUND: Scott County has constructed County State Aid Highway 21 (CSAH 21) from Main Avenue to 2000 feet east of Franklin Trail to an undivided four lane highway in 1989-1990. The intersection of CSAH 21 and CSAH 39 has been determined by the results of traffic studies and accident analysis to meet traffic warrants for a full-traffic actuated traffic control signal system. Scott County has contracted with Orr-Schelen-Mayeron & Associates, Inc. for the preparation of the traffic control plans and they are on file in the City Engineer's office. These plans will be presented to the Council at the Council meeting. A Traffic Control Signal Agreement #TS 92-2%/39 has been p~epared for the installatxon of a new traffic control signal at CSAH 21 and CSAH 39. The purpose of this Agenda item is to approve the plans and the enclosed agreement wxth Scott County and the City of Prior Lake. Scott County has planned to construct CSAH 21 from Prior Lake to Interstate 35 to give the County another major east/west road from Interstate 35. Currently, there exists stop condition for the CSAH 39 legs to the CSAH 21 intersection. A number of accidents have occurred at this intersection and the County has determined that a traffic control signal is warranted. The agreement is between the County and City for the construction and operation of a traffic control system. The city's responsibilities per the Agreement are as follows: Any C%ty license required to ~erform electrical work within the City will be issued at no cost to the County or it's Contractor. 4629 Dakota St. S.E.,PdorLake, Mmnesota55372 / Ph.(612) 447-4230 / ~x(612) 447-4245 ~E~ALO~O~UNITYEMP~R DISCUSSION: City shall cause the installation of adequate three wire 120/240 volt, single phase, alternating current electrical power to the controller cabinet at the sole cost and expense of the City. ® city shall provide the electrical energy for the operation of a traffic control signal system and integral street lights at sole cost and expense of the City. 0 City would maintain photo-electrical controls, re-lamping, glassware, and cleaning of the glassware for the integral street lights. The city does not require a license for electrical work, as this inspection work is performed by the State Electrical Inspector's Office. The cost of pro¥iding electrical power to the ~ontroller cabinet from a NSP transformer is estimated to be around $1,000~00. Maintgining the street light and providing electrical energy as described earlier would be considered routine maintenance similar to that being done on CSAH 21 street lights. This Agreement is comparable to the previous City/County project for the CSAH 42 and County Road 83 signalized intersection. Authorizing the Mayor and City Manager to sign the Agreement No. TS 92-21/39 and authorize the C~ty Engineer to sign the plan sheet will allow State Aid Project No. 70-621-14 and No. 70-639-03 to be constructed. This project is to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of CSAH 21 and CSAH 39. This project is tentatively set to be bid this fall and winter so that the mast arms and the control panel can be ordered for de~ivery in the spring. The construction, wor~.will mainly be done in the 1993 construc=lon season. A traffic control si~nal system will improve the traffic ci~culatlon and traffic safety at this intersection. Staff is concerned with ~he sharp.grad? break at the CSAH 39 north intersection w~th CSAH 21 gutterline and if traffic can travel at the 30 MPH speed limit for a local street. This concern can be addressed by the County with this project or when the County Highway is scheduled to be turned back to the City. RECOMMENDATION: ALTERNATIVES: FINANCIAL IMPACT: ACTION REQUIRED: Alternative No. i is recommended as a traffic control signal system will improve the safety of the intersection. The cost of the construction of the ~roJect will be borne by the County and the City costs as outlined in the Agreement. The alternatives are as follows: 1.) Approve a motion authorizing the Mayor and city Manager to sign Agreement No. TS 92-21/39 with Scott County to participate in the construction and operation of traffic control signal system and integral street lights at the intersection of CSAH 21 and CSAH 39 contingent upon review and comment of plans for said project by the City Council of Prior Lake. 2.) Disapprove motion in Alternative No. 1 for a specific reason. 3.) Table the item for a specific reason.- Costs of this Agreement have not been budgeted and will be paid from the City's Construction Fund. Make a motion to authorize the Mayor and City Manager to sign the Agreement No. TS 92-21/39 and make a motion to authorize the City Engineer to sign the plan sheet for the plans to construct a full traffic actuated traffic control signal system at the intersection of CSAH 21 and CSAH 39. ~ Agreement No. TS 92-21/39 State Aid Project No. 70-621-14 State Aid Project No. 70-639-03 CSAH 21 @ CSAH 39 City of Prior Lake County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this __day of , 19__, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway No. 21 and County State Aid Highway No. 39 within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. -1- Agreement No. TS 92-21/39 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I The County shall prepare the necessary plans, specifications, and proposals~ shall perform the required engineering and inspection; and shall install, or cause the installation of a full-traffic actuated traffic ccntrol signal system with mast arms and integral street lights at the intersection of County State Aid Highway No. 21 and County State Aid Highway No. 39. Such installation, as described immediately above, shall be identified and accomplished under State Aid Project Nos. 70-621-14 and 70-639-03, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II The term specifications as used herein shall mean the 1988 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the county at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. -2- Agreement No. TS 92-21/39 IV The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. V The County shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $76,000. -3- Agreement No. TS 92-21/39 VII The City shall, as its share of the construction costs, pay the County zero percent (0%) of the actual construction cost of the traffic control signal system with integral street lights, plus zero percent (0%) of such share as payment for Engineering and Inspection of the State Aid Project Nos. 70-621-14 and 70-639-03. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IX Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with -4- Agreement No. TS-21/39 the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the city, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that neither the city, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising'out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, -5- Agreement No. TS-21/39 restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, a~tions or causes of action arising out of negligent performance by the County, its officers, agents or employees. xIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the city shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' -6- Agreement No. TS-21/39 Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. -7- Agreement No. TS 92-21/39 State Aid Project No. 70-621-14 State Aid Project No. 70-639-03 CSAH 21 @ CSAH 39 City of Prior Lake County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE By Mayor Date And Date ATTEST: COUNTY OF SCOTT By~ County Administrator By Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date APPROVED AS TO EXECUTION: By. County Engineer Date By. County Attorney Date -8- C:K\AGRMT\SIGNAL\R92754 10/13/1992 0 m AND Tim CITY OF FRIOR LAKE DRAFT WH]SRHA~ tbs ~ physical dm, ss det*m~d tn the P.,AW publfslmd in the NJnnms~ ~ ou#ty ~ ('~OB") ~ on Aufm~ 3, l~J~, o0ndsts or ~80 mm d kud, of tho IWOPmmd golf ~ou~o dmve~pm~nt will comht of 183.1 mm, while dm ,~oJ, n~8 294.9 ~ tho ~,W indicates that Prior X. ako ~ment, 1~., ~ developer of The .Wilds Ooif Cbuoo DMtofmmt, will be seekinf sm amendment to Prior Latm*s cornpr~hemlve pttu WHHR]L4$, Prior Lake bas derma_ t~ed that tbs ruideot~ dm, p. lopmmzt on tho 980 ocee d~ m mqdi m any hotol m m~mfstchi devoiopmm~ on the site, b not an *tutJdptt~l futur~ project* or propun rub pmmulpted by tho ROB (Mfnnmots Rub ~410.02m to 44za';8o~ and WHER]3.4~ tho OfT Coundl of PrJcx La~ odol~d ,a neptfv~ dechradon pursuant to MJnnem2M Rado 44ZO. Z700 flndfn~ that tho pr~pfttl~ of an envlro~mentul iatpact mtcmcnt ('R~ is nm tmpdfmd ow umanm~ rot Tho ~ O~lf Cour~ Dvvelopmont; and WIDi:RH,~ Frkx Lake has not received any plato f~r Imtcl, comffmtchl, or msldentM anmndmmmt ~ boud. ~ or rmldongsl dmvelo~t on the s/to to the ~o~ncil to(, roy,ow ~ apptmul of this qreemmt by the (::~undl does not m~mtJtuto an sppn:~ul of NOW ~ in considtra~ of t~: mutual pmndm2 and a~cnanu eontahed In tbb apumusnt, tho O2uncil ind Prior Lalm a~M ss ~ob2m: Prior Lab apues to submit to the Councn staff th~ lnfkmna~m bud ou the atU~bed "i~dgbit A' md th~ am~hed "F~du'bit B; Ualm~ anOtl~t date is s~ in 'Bddbit Ay' the hrormmtkm listed in ']~hbit A° shall be mstmdt~ by Frtor t.nlm no latin' thau Oomber 23, 1992, Tho lnf~rmatton bred on '~dbit B' shall be gubndttod to the Coun~ s*.~ by Prior Laka no htsr thml ~0 da~ before publleatfOtl of the IJott08 of tho reliability of an 13AW in the ~ fix any proposed dove~ or the eudm SO0 acm rite, ts ldontlfled in ttm I~.W published in the Z[~ oo AMmt 3, lgq2 for Tim Wilds Golf Oou]o EXMdopm.nt, or ,ay rumahdtr of tho $80 ~ site, Prior Inks :Srtm to prepsm · eomprebtnl~ pbn m:fmdment which .ddmum the ~ or tho cntfm ~80 soN: sim wfthfn ~ thc (::buacfl's revisw of thc ~mprehe. ml~ plan amendment [defraud in Prior Lab and tim Ct2uncll apse that for purlxxm of tkb ~um of f. Tndmsmudlnf the tnfln '~cat' meam all new co~. of buikflnp or ~ ,u~ttutlal mMltfom :~ :b phnnd buildup c~ hcfllths identRJed in tt~ IL'kW for 'l'aa Wlkh Golf Cour~ Dc"a~pm~k ,my ~ attemtlom ot upgradtnI 'tho Coun~ ap n~t to faftiat~ a Isw. ult alle~iol that l~flor Lab hfled to oomply with tbs Minamom l~mnm~atal t:~m]lty noard's envimnmeutal ruvicw ptopun in tho l~ on Aufmt 3, fl)92. Rz~pt u provfdod tn tbb q~.Jn~t, the C~flmdl ~ not ,e~ to ,upplemut the lmbltJhed F. AW or ~ u n~w PAW or ElS on tbe 18~.i m:m pro~ Bollix)rrm ~cnt ss that dc~r~opment b ~ in tim PAw prepS_ by Pflor Lab for ~ W~lds CJolf Cmzrm l~X~clop~,nt tud imblbhtM in ttm ~ on Aufmt 3, 199'& ~ m to lunn m_ {~IMM{ A DRA -i imm ,,o..tr~ d d~ proposed ~ mmu on the ,Itc (~0 ~) I~ .~t ~ lab level aufmentatlon and ocms~n of starer lxmd, and Unlem specified ~ tn m ~ pith. a 30,.,fb~t bu~ s:dp dali be maintained around sdl mstland m tm ~ dut s~Lt~ ctty'mm~ provide jmtHSntlon f~r ellnttna~ w~tlands ldcu~ ns 'T* amd NY* tm the sfnn .utbbb land b not a dm cmntrufnt. tho t,m wetliod basins ~ are proposed to be c~ons~d to lakes. The d~/ 'llm city mint ecknowl~p in its tupon~ that it will noti~ the Department of Health B,/Nov,ambm' 20, tgg2, tl~ city must rcvbe the nuule~t bud~et analyds to ~ratr~ t'cfl~ dry should ohanp tim nutrient budp~t anaJ~ (o rmflmct tiao acreage In woo~ nxss trmt et'tm~ 1o. 'lb dry mt ~ whother all fonntod arou on tbs dto which ~ proposed ~ bo rmnmqd ,dil be l~t und~tm:bed tmtfl a rcsurv~ for pomnthUy dutatened or cndnnsemd elRmnerei plant spodm and otha spa:its can be compl~ted in the SprtnI of 1993. If not, Fur add.amd daboraflou d th. Information requ.md obove, rtf~r fo tbs Coundl's 9eptmb.' 34, lf~, msdr tq.m .a nm WAW. _ 10/18 17;3/' 1992 FROM: MF. TROPOL]'TAN COUNCIL TO: 01~.89633,~3 Bddbfl B must pi~Mdo Irdbrmalion ~.~ identl~, tho des, outlet dadll~ ~ Furpom8 October 9, 1992 Dave Unmacht City Administrator City of Prior Lake City Hall Prior Lake, MN 55372 Re: City Council Meeting October 19, 1992 Dear Dave: This is to confirm our recent telephone conversation wherein I requested the P.L.U.S. Committee be given time to address the Prior Lake City Council. You have allotted our group approximately 20 minutes on the evening of October 19, 1992. We will have a brief presentation on who and what P.L.U.S. is as well as materials to explain our supporting position for the upcoming school referendum proposal. I have attached 2 brochures that outline some of the more compelling needs in our school district. I would appreciate your distributing them to the Mayor and Council members prior to the meeting so they may familiarize themselves with these numbers. If you have any questions or suggestions as to how to make our presentation and request for support more effective please do not hesitate to contact me. Thank you for your cooperation and support in arranging our time at the October 19th council meeting. Sincerely, .S. Steering Committee LCM encl. Work Phone - 8:00 to 2:00 - 440-1040 2:00 to 5:00 - 447-6006 nome Ph0n - 447-5633 The Brimeyer Group, tn¢. EXECUTIVE SEARCH CONSULTANTS One Tenll~ Ave. $oulh Hopkins, MN 55343 October 6, 1992 Ma'. David Unmacht City Manager City of Prior Lake 4629 Dakota St. SE Prior Lake, MN 55372-1714 Dear Dave: Thank you for inviting The Brimeyer Group, Inc. to submit a proposal to assist the City Council as a consultant in the search for a City Manager. Our firm and the personnel working on this project are'well qualified to assist you in making this most important decision. Our success in executive search, particularly the public sector, will serve well to assist you. Enclosed is some information describing our background in public sector search. Responsibility for the search will be under the direction of James Brimeyer assisted by Deborah Padgett. A biographical sketch for Mr. Brimeyer and Ms. Padgett is provided. Jim has twenty years experience in public sector management and has been involved in executive search since July, 1988. Included is a list of references for Mr. Brimeyer which represents both clients and professional acquaintances, and a list of recent clients. The procedure we will follow is included. This is the standard procedure used in a majority of our public sector searches. We very much look forward to working With the City Council in what must be considered a most challenging and exciting effort. I am anxious to visit with the City Council on Monday, October 12th to discuss the search process and am sure you will be convinced our firm is be~t suited to assist you. Very truly yours, President enclosures (612) 945-0246 · fax (612) 933-1153 CITY MANAGER CITY OF PRIOR LAKE, MINNESOTA A PROPOSAL SUBM1TYED BY: THE BRIMEYER GROUP, INC. · EXECUTIVE SEARCH CONSULTANTS ONE TENTH AVE. S. HOPKINS, MN 55343 October 6, 1992 City of Prior Lake P~e One I. INTRODUCTION The Brimeyer Group, Inc. assists clients in the search for and selection of professionals who exceed client expectations. We see our role as aa extension of the client' human resource efforts. We're committed to completing critical staffing assignments on time and within budget. Through performance, we're striving to earn a reputation that places us at the top of our profession. REASONS TO RETAIN A SEARCH FIRM Direct Recruiting: Our research staff will identify the most desirable candidates and we will make dir~-~ contact with those candidates to develop their interest. Many organizations appreciate the value of our direct approach on their behalf. Confidentiality: We ha~e the benefit of being able to keep your organization's confidentiality when approaching candidates, when this is important to you. Third Party Objectivity: As a third party we are in a better position to advocate for you than you are for yourself. It's much like attorneys being able to represent their clients more effectively than clients representing themselves. Profitable Time Management: Every search, properly conducIed, takes scores of hours. When you're busy managing your organization, the hour~ you spend on search work reduces the hours available to your organization. Making us responsible for the recruiting work frees you to focus your time, energy and intelligence · on serving normal business needs. ~4'ticiency: We recruit in the marketplace daily and as such need much less time to get into action than organizations who recruit on aa occasional basis. City of Prior Lake Page Two Selective Interviewing: We can recruit from among the best qualified, rather than from the fu~t which prezent themselves, i.e. we work from the top down rather than from the bottom up, which can be the case when hiring through an announcement. Commitment to Excellence: Enlightened candidates recognize that the investment you've made by hiring us is a clear statement of your commitment to continued quality growth in your organization. Most desirable candidates want to be part of an organization that demonstrates a willingness to invest in its future. ADVANTAGES OF SELECTING THE BRIMEYER GROUP A. James Brimeyer has extensive experience in identifying and recruiting public officials including work for a number of cities and semi-public agencies. B. The Brimeyer Group, Inc. h committed to accurately portraying all candidates to the City Council so that the Council's satisfaction may be assured. C. The Brimeyer Group, Inc. h likewise committed to accurately portraying the position to the candidates to prevent unrealistic expectations. D. The Brimeyer Group, Inc. can conduct a cost effective search. We will maintain constant contact with the Council. We will also keep the candidates informed as the process proceeds. E. The Brimeyer Group can develop, at no extra charge, a Work Program for the successful candidate which outlines the expectations of the Council, the City Manager and City staff. F. Research Staff and support personnel are assigned to each engagement on an 'as needed' basis. City of Prior Page Three PRIMARY CONSULTANT James Brimeyer: Jim has twenty years of experience in public sector management and has been involved in executive search since July, 1988. Mr. Brimeyer served in public administration in four cities, three as City Manager, including his last position in St. Louis Park, Minnesota (pop. 45,000), with a budget of $28 million and 230 employees. He also served in Worthington, Ohio, and ' Wooddale, Illinois. He began his career as Assistant City Manager in Park Ridge, Illinois, after obtaining a Master's degree in Public Administration from Northern Illinois University. His bachelor's degree is from Loras College in Dubuque, Iowa. Mr. Brimeyer has concentrated his efforts in public sector recruiting at the top management and mid-management levels. He also performs executive search for private sector organizations that have a relationship with municipalities, counties, and other public sector agencies. He has acted as a facilitator for strategic planning and goal setting activities for several organizations, at both policy-making and administrative staff levels. Mr. Brimeyer is past President of the Ohio City Management Association. He belongs to the International City Management Association, the Metropolitan Area Management Association, the Minnesota City Management Association, the National Forum for Black Public Administrators, and the Solid Waste Association of North America. He is active in the Twinwest Chamber of Commerce and currently serves as a member of the Economic Development Committee. He is Past President of the St. Louis Park Rotary and currently serves as President of the Rotary Foundation. Mr. Brimeyer is an adjunct faculty member in the Graduate School of Public Administration at Hamline University. II. THE SEARCH PROCESS We anticipate the search for the City Manager of the City of Prior Lake will normally take from three to four months (90 to 120 days) from the time we are retained to the time the City Council makes an offer. This is somewhat dependent on the ability to place the announcement in the appropriate professional and trade publications, the time required to screen candidates, and the availability of the Council to review consultant repons and conduct final interviews. In consultation with the Council, we will develop a target date for the reporting of the new City Manager. City of Prior Lake Page Four Conducting a search involves a process that can have far-reaching ramifications for the success or failure of an organization. To insure success, we will use the following process: 1. Position Profile During this initial phase our consultants will meet with the City Council as a group and/or . · individually, to learn more about your goals and objectives. We will spend the nece~ary time to gain a clear understanding of the organization and the type of person needed. Critical factors to be determined include position responsibility and authority; reporting relationships; educational and experience requirements; personal and leadership qualities; management style; and the organizational environment in which the City Manager must function. With Council approval, we will also meet with key staff to further assess the climate within which the selected candidate must operate. In addition, we anticipate meeting with community leaders to gather additional information. As a result of these meetings we will reach an understanding of what type of personality, human chemistry, and interaction style is desired and we will draft a Position Profile. A great deal of emphasis is placed on this critical specification analysis stage to determine the position content and the environment. Without this information, it is difficult to determine how potential candidates will affect the City's plans and organizational team. Prior to meeting with the Council and key employees we will supply a list of questions to assist the interviewees in assembling their ideas on what should be included in this job profile. During the meeting with the Council, agreement will be reached concerning the number of qualified candidates that will be interviewed before making a final decision. Once a consensus is reached on the requirements of the position and the qualifications of the ideal candidate, we will prepare a detailed Position Profile and an appropriate presentation of the opportunity and present it to the Council for approval. 2. Recruit Candidates and Place Announcements We will conduct a comprehensive program to contact sources and identify suitable candidates. In addition to announcing the position in the appropriate professional and trade journals, we will identify potential candidates through personal contacts with public sector professionals and other members of local government organizations throughout the United States. In addition, we will use our research staff to identify comparable organizations from which key individuals can be contacted. Based on the sources available to us, we will identify specific individuals with established patterns of accomplishment, contributions, and success. City of Prior Lake Page Five 3. Review Resumes and Screen Candidates Numerous prospects will be screened against the Position Profile. From these individuals we will compile a broad list of prospects for the job. An initial confidential phone contact will be made to promising candidates to determine their suitability and interest. 4. Candidate Evaluation and Interviews; Background Checks After our research and sourcing is completed, several qualified candidates emerge for evaluation and comparison. Interviews will be scheduled with the most promising individuals. Thorough, intensive, one-on-one interviews will be conducted with the leading candidates by our staff. During these interviews, the consultant will further assess the individual's qualifications, accomplishments and suitability for the City of Prior Lake position and personal situation. Our in-depth evaluation and appraisal techniques will cover issues such as work experience, education, professional development and achievement, career objectives, and business philosophy. Such on-the-scene reviews of a candidate's present operations can be very helpful in assessing qualifications and potential. Along with the field interviews, we will investigate the backgrounds of the most promising candidates through discreet telephone and personal reference checks. We will talk with peers and former associates of these prime candidates. It is our practice to speak directly with individuals who are, or have been, in positions to evaluate the candidates' job performance. In order to minimize costs associated with traveling to personally interview potential candidates, The Brimeyer Group offers the option of engaging a professional interviewing firm to video tape the candidates' response to our questions. This video taped interview will be followed up with a detailed telephone interview through our office. Progress Report Following the screening and background investigation, we will prepare a Progress Report. This Progress Report will provide specific information on the individu',d's educational and work history; accomplishments and growth potential; strengths and poss'~ble limitations. We will personally deliver and review these reports with the Council. On the basis of this review, final candidates will be selected for interviews in Prior Lake. City of Prior Lake Page Six The Brimeyer Group has on retainer a management psychologist who will conduct interviews and administer a highly developed battery of tests designed to measure motivation, managerial style, and personal compatibility. The assessment services include: Understanding the Position Profile; Testing and Interviewing for skills, goals, background, experiences, strengths and weaknesses; Interpretation of test/interview data; Verbal feedback and written report. The City Council will learn: Insights into strengths, weaknesses and likelihood of success for each final candidate befor~ hiring; How to best manage/work effectively with the candidate; Suggested development program to meet identified needs. The above is available at the option of the Council and subject to Council approval since the fee for this service is not pan of our regular search fee. 6. Interviewing At this point The Brimeyer Group, Inc. will present our list of finalists. We will arrange a schedule of interviews of final candidates with the Council and will coordinate travel arrangements. Extensive background material will be furnished to each member of the Council on each candidate prior to the interview. If possible, all interviews will be scheduled within a period of one to two days, depending upon the desire of the Council. One of the primary consultants will be present at each interview. Prior to these interviews, we will, if desired, provide the Council with some helpful material on interviewing techniques and will discuss the proposed procedure to be used in the selection process, including an evaluation form and a list of questions for possible use by the Council. 7. Selection After the personal interviews, we will meet with the Council to review the individual ratings and assist in determining the top candidate. The consultant will assist in this process to the extent requested by the Council. City of Prior Lake Page Seven 8. Negotiating Compensation Package The Brimeyer Group, Inc. will take great care that the Council secures an acceptance from the most desired individual. We will reconunend a compensation package calculated to attract the finalist and will participate in the final negotiations. If any concerns arise in the final hour, by working as a third-party intermediary, we can work out and resolve important details of the offer which may have significant bearing on its final acceptance or rejection. 9. Additional Services A. If requested by the Council, The Brimeyer Group, Inc. can act as a spokesperson with the media, when appropriate, in order to maintain the integrity of the selection process as well as to protect the confidentiality and privacy of the candidates who are not hired. B. We pay careful attention to all circumstances arising from a job change, which include not only adjustments in compensation and benefits, but also spouse careers, real estate issues, and relocation details. Lifestyles, personal values and two career marriages are only three of the factors that influence an executive's decision to change jobs. We will assist the candidate's family in making career moves and relocation adjustments. C. After the candidate is employed, we will follow up with both the Council and the candidate to insure a smooth transition and satisfactory completion of the assignment. We will make contact to assess the fit from both the Council's and the candidate's points of view. In the unlikely event that unexpected concerns have developed, this follow-up contact is intended to identify potential issues early in the hope that adjustments can be made, if necessary. m. WORK PROGRAM (PERFORMANCE EVALUATION~ If requested by the Council, we agree to assist the Council and City Manager in developing a Work Program after a six month period which outlines the expectations of the Council, City Manager and staff. This can be done by utilizing both personal and phone contacts. The only cost incurred for this service will be any cost associated with a visit to the community and other out-of-pocket expenses. The Work Program will contain objectives for the City Manager to accomplish in the ensuing 12-18 months. IV. GUARANTEE If the City Council utilizes the entire process as described, The Brimeyer Group offers an 18 month guarantee on the effectiveness of the City Manager. Should the Council determine it necessary to terminate the City Manager due to failure to adequately perform the duties as specified in the Profile and as represented by the process, we will refill the position at no additional fee and will charge expenses only. We offer this assurance because of our confidence in the thoroughness and accuracy of the process. Should there be substantial changes in the political situation in Prior Lake and a decision is made to terminate the City Manager for reasons other than failure to perform the administrative duties as specified in the Position Profile, this guarantee is subject to negotiations between the City Council and The Brimeyer Group. City of Prior Lake Page Eight V, COSTS The Brimeyer Group, Inc. will bill expenses directly related to the assignment with the City Council's prior approval. Necessary expenses include travel, meals and lodging; long distance telephone; special research; credential verifications; courier service; administrative expenses; and the cost of placing announcements. Should the Council choose to utilize the option of video taped interviews, additional costs will be incurred which will most likely replace some travel expense. Based on our experience expenses would be in the range of $500-$1,-000. The estimate does not include any costs associated with candidates' expenses for the final interview process. VI. I~E FOR SERVICE For this assignment, we propose a fee of one-fourth of the annual compensation, not to exceed $14,000. The fee includes the following services. Meeting with the City Council, Staff, and other individuals Development of the Position Profile, using existing information Drafting Position Profile Presentation for approval Contacting sources Screening Checking references Interviews Preparation and presentation of Progress Report. Coordinating the schedule for psychological assessment and video-taped interviews Schedule and coordinate candidates' interviews with the City Council Participating in interviews Developing compensation package Participate in negotiations Counseling Spouse relocation Development of Work Program (six months after employment) Our payment policy on searches is one-third of the fee due upon signing this agreement; one- third after presentation of the Progress Report; and the balance due 10 days after the search has successfully been completed, whether the agreement is oral or written. In the event the City Council terminates this agreement during the search we will retain the progress payments to that point. The placement fee h non-refundable. ~[~es L. Brimeyer o President 'f'ne Brimeyer Group, Inc. Mayor Lydia Andren City of Prior Lake