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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372...1714
REGULAR COUNCIL MEETING AGENDA
,.............................................. Jun~ 26, 2006-....................-...-....]
I 6.00 p.m. ;
I Fire Station No.1 ...................1
City Council Work Session
5:00 p.m.
LAC re: Boat Slips and Docks
g is open to the public.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the
City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of
the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also
restricted to City governmental topics rather than private or political agendas. The City Council will not take
formal action on issues presented during the Public Forum.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF JUNE 5, 2006, MEETING MINUTES:
5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of
the public specifically requests that an item on the Consent Agenda be removed and considered separately,
Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item
removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval of Building Permit Reports.
D. Consider Approval of Animal Warden Report.
E. Consider Approval of Fire Call Reports.
F. Consider Approval of a Temporary Liquor License Premise Extension for T. J. Hooligans.
G. Consider Approval of a Professional Services Agreement for Consulting Services for the Design and
Preparation of Plans and Specifications for Audio and Video Systems for the City Council Chambers in
the New City Hall Facility.
H. Consider Approval of a Resolution Approving the Final PUD Plan and Planned Unit Development
Contract, and Approval of a Resolution Approving the Final Plat and Authorizing Execution of the City's
Standard Development Contract for Shepherd's Path.
I. Consider Approval of a Resolutions:
1. Approving Plans and Specs for CSAH 82, and
2. Approving Parking Restrictions.
J. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Quit Claim
Deed Releasing the City's Interest in the Main and Hastings Property.
K. Consider Approval of a Resolution Approving Amendments to the Planning Commission Bylaws
L. Consider Approval of a Resolution Approving Change Order #3 for the Police Station I City Hall Project.
M. Consider Approval of a Resolution Authorizing the Joint Powers Agreement for Assessment Services for
the City of Prior Lake.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
N. Consider Approval of a Resolution Appointing the Firm of Abdo, Eick and Meyers to Perform the City's
Financial Audits for Fiscal Years 2006 - 2007.
O. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Renew the Contract for
Animal Control Services for 2007 and 2008.
P. Consider Approval of a Resolution Approving the Plans and Specifications and Authorizing
Advertisement for Bids for Street Overlays as Identified in the 2006-2010 Capital Improvement Program
and Bituminous Improvements to Hastings Avenue North of Dakota Street.
Q. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Contract for
Interim Connection of Wells 8 and 9.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PRESENTATIONS:
A. Park, Athletics and Recreation Task Force Report
B. Safe and Sober Award Presentation
C. Presentation of a 2006 Dodge Magnum to the DARE Program by the Prior Lake Rotary Club
8. PUBLIC HEARINGS:
A. Public Hearing To Consider Approval Of Resolution Establishing The Development Program For
Development District No.6 And Establishing Tax Increment Financing District No. 6-1 And The Proposed
Adoption Of The Tax Increment Financing Plan Therefore (Shepherd's Path LLC).
B. Informational Hearing and Consider Approval of a Resolution Approving the 2007 -2011 Capital
Improvement Program.
C. Public Hearing to Receive Comment on the City of Prior Lake 2005 Municipal Separate Storm Sewer
System (MS4) Storm Water Pollution Prevention Program (SWPPP).
D. Public Hearing to Consider Approval of the Issuance of an On-sale Wine and 3.2 Malt Liquor License to
Lake House Grill.
9. OLD BUSINESS:
A. Consider approval of a Resolution Awarding the City's Standardized Contract for Engineering Services
for Well #10.
B. Consider Approval of a Resolution Scheduling a Referendum in the Amount of $3.7 Million for
September 12, 2006, for Fire Station No.2 and Aerial Platform.
C. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Development
Agreement and an Agreement Regarding the Purchase of City-owned Property at Franklin Trail and Park
Nicollet Avenue.
10. NEW BUSINESS:
A. Consider Approval of a Resolution Approving the Combined Preliminary and Final Plat and the
Development Contract for Edie Addition.
B. Consider Approval of a Resolution Authorizing Staff to Request an Increase in the MSA Maintenance
Dollar Allocation.
C. Consider Approval of a Resolution Approving the City of Prior Lake Local Surface Water Management
Plan and Public Works Design Manual- Hydrology Appendix
D. Consider Approval of Amendments to the City Personnel Policy Relating to Customer Service Standards.
11. OTHER BUSINESSlCOUNCILMEMBER REPORTS:
A. Community Events.
12. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
June 5, 2006
Draft
REGULAR COUNCIL MEETING MINUTES
CALL TO ORDER:
Present were Mayor Haugen, Councilmembers Dornbush, Erickson, LeMair and Millar, City Manager Boyles, City Attor-
ney Pace, Public Works Director/City Engineer Albrecht, Street and Utilities Supervisor Eldred, Planning Director Kan-
sier, Planner Matzke, Finance Director Teschner, Assistant to the City Manager Meyer, Economic Development Director
Snook, Communications Coordinator Oster and Administrative Assistant Green.
PUBLIC FORUM: The Public Forum is intended to afford the publiC an opportunity to address concerns to the City
Council. The Public Forum will be no longer than 30 minutes in length. Speakers receive a maximum of ten minutes;
less if there are more than three speakers. Items to be considered as part of the Council's regular agenda may not be
addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private
or political agendas. The City Council will not take formal action on issues presented during the Public Forum.
Boyles: Reviewed the concept of the Public Forum.
Comments:
No person came forward to speak.
APPROVAL OF AGENDA:
City Manager Boyles requested that item 5M, Consider Approval of a Resolution Authorizing Liesch Associates to Pro-
vide Professional Services for the Preparation of a Supplemental EAW for Condition; and item 12C, Consider Approval
of a Resolution Granting an Easement for Access Purposes in the Matter of Griffith vs. Hayes, be added to the agenda.
MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
APPROVAL OF MEETING MINUTES:
MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE MAY 15, 2006, MEETING MINUTES AS
PRESENTED.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
CONSENT AGENDA:
City Manager Boyles reviewed the items on the consent agenda.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Resolutlon06-076 Authorizing Partial Payment to Coach Crafters for Third Laker Lines
Bus.
C. Consider Approval of Resolution 06-077 Approving a Final Plat and the Development Contract for Deerfield
Industrial Park Seventh Addition.
D. Consider Approval of Resolution 06-078 Authorizing Advertisement for Bids for a Stand-by Generator and
Site Improvements to Supply Emergency Power at the City's Maintenance Center.
E. Consider Approval of Resolution 06-079 Approving The Wetland Replacement Plan For County Road 82 Re-
construction, (City Project No. 03-03).
F. Consider Approval of Resolution 06-080 Accepting the Bid and Authorizing the Execution of the City's Stan-
dard Construction Contract to Install Playground Equipment at Jeffer's Pond Parle
www.cityofpriorlake.com
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Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
June 5, 2006
Draft
G. Consider Approval of a Massage Therapy License for Alicia Shover.
H. Consider Approval Of Refuse Hauler Permit Renewals For 2006-2007.
I. Consider Approval of Resolution 06-091 Approving Liquor License Renewals for 2006-2007.
J. Consider Approval of Resolution 06-081 Authorizing:
1. Receipt of $25,000 for the Purchase of a Vehicle for the Prior Lake DARE Program.
2. Purchase of a 2006 Dodge Magnum Under State Cooperative Bidding Contract.
K. Consider Approval of Resolution 06-082 Accepting Plans and Specifications and Authorizing Staff to Solicit
Quotes for Work to be Completed as Part of the 2006 Lift Station Reconstruction Project.
L. Consider Approval of Resolution 06-083 Authorizing Execution of an Amendment to the Standard Develop-
ment Contract for the Wilds Ridge North.
M. Consider Approval of Resolution 06-090 Authorizing Liesch Associates to Provide Professional Services for
the Preparation of a Supplemental EAW for Condition
Councilmember Erickson requested the removal of item 5H regarding refuse hauler permit renewals and Mayor Haugen
requested the removal of item 5J regarding a vehicle for the DARE program.
MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE THE CONSENT AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Comments:
Erickson: Commented on complaints he received of waste haulers beginning before 7 a.m. and suggested a condition
be placed on license renewals to require no further violations of ordinance.
Chad: Asked how the City would know which hauler is in violation.
Boyles: When complaints are received, the caller is asked who the hauler is.
LeMair: Asked if licensure should be revoked if the 7 a.m. ordinance is violated.
Pace: Replied that a hearing would be held and due process would have to be followed.
LeMair: Asked if violators are being told to comply.
Boyles: Responded that a citation could be sent, but the violation would have to be witnessed by the City.
LeMair: Noted that if a driver was violating the start time ordinance, it could be putting the whole company at risk.
Boyles: Stated this could be a reminder to all haulers of the ordinances and the City could do something that shows we
want them to abide by this ordinance.
Pace: Stated the ordinance should be reviewed for standards.
Haugen: Stated that Waste Management should be advised that it is abusing the ordinance and the City has received
complaints, give all haulers a notice of the ordinance and review the ordinance to see if standards should be included.
MOTION BY DORNBUSH, SECONDED BY LEMAIR TO RENEW REFUSE HAULER PERMITS FOR 2006-2007.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
MOTION BY DORNBUSH, SECONDED BY MILLAR TO DIRECT STAFF TO ADVISE WASTE MANAGEMENT THAT IT
IS ABUSING THE ORDINANCE AND THE CITY HAS RECEIVED COMPLAINTS, AND GIVE ALL HAULERS A NOTICE
OF THE ORDINANCE.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Comments:
Haugen: Reviewed the events regarding the donation of funds for the DARE program and the purchase of a vehicle
with those funds.
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MOTION BY MILLAR, SECONDED BY DORNBUSH TO DORNBUSH TO APPROVE RESOLUTION 06-081
AUTHORIZING RECEIPT OF $25,000 FOR THE PURCHASE OF A VEHICLE FOR THE PRIOR LAKE DARE
PROGRAM, AND AUTHORIZE PURCHASE OF A 2006 DODGE MAGNUM UNDER STATE COOPERATIVE BIDDING
CONTRACT.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
PRESENTATION
Kathleen Klehr - Smithsonian exhibit
Spoke about the Smithsonian Exhibit, Kev Ingredients: America bv Food, which is on display at the Scott County His-
torical Society beginning July 1 through August 8,2006. The SCHS is the first site in Minnesota to have the national
exhibit on display. It will have local components and seeks to create a connection to residents of all ages and back-
ground.
Comments:
Millar: Commented that it is exciting to have a Smithsonian exhibit here, and thanked Klehr for encouraging a food
drive in conjunction with the exhibit.
Dornbush: Asked if hours of operation at the Historical Society will remain the same during this exhibit.
Klehr: Confirmed.
Erickson: Asked about the cost.
Klehr: Replied that admission will be free during the entire exhibit. Also commented that the exhibit was created with
the help of oral histories and that a cookbook would be coming out in the fall that includes photos and the histories.
Haugen: Noted the website.
Millar: Asked Klehr about seeking donations.
Klehr: Replied that the Society's mission is to search, save and share the history and cultural heritage of Scott County,
and they always welcome donations.
Haugen: Commented that the City's heritage committee is also seeking historical donations.
Dornbush: Confirmed that the committee is looking for artifacts, etc. for display in the new city hall.
Millar: Noted that any donations received by the heritage committee would be handled by the Scott County Historical
Society.
Erickson: Asked about loaning items that people do not want to donate.
Klehr: Replied that a donator can indicate limits about how long they would loan something to the Society and how they
want it to be presented.
2007 - 2011 Capital Improvement Plan
Finance Director Teschner presented a draft of the 2007-2011 Capital Improvement Program. Public Works Director
Albrecht described some of the 2007 projects and associated financing. He indicated that a public information meeting
would be conducted June 26.
Comments:
Millar: Asked if funds for 2007 were fixed, or if it would be able to accommodate any recommendations from the PAR
task force or projects for the heritage farmstead.
Teschner: Replied that there is flexibility for 2007, but noted that capital projects need adequate lead time to follow the
process from feasibility studies to public hearings and the 2007 projects need to start now to be accomplished in 2007.
Noted that when all needs are identified in the CIP, and referendum questions defined, the Council could choose to
move forward projects such as recommendations by the PAR task force. Noted that the heritage farmstead has not
been reviewed from the financing standpoint and it may be premature to incorporate it into this CIP.
Boyles: Noted that this is a five-year planning document and each year it is updated for the next five years. It will be
the subject of a public informational hearing at the next Council meeting. A PAR task force recommendation will be also
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presented. Noted that elements of the PAR recommendations and the master plan for the heritage farmstead need to
be integrated into the CIP to start the planning, which the Council could direct at the hearing.
Tecshner: Commented that a couple of projects will involve the engineering department working cooperatively with
the County.
LeMalr: Asked about downtown streetscaping.
Teschner: Replied that it is scheduled in 2011 because MSA money is not available until then.
LeMalr: Asked if the Fish Point Road construction from Victoria to CR 21 will make Fish Point Road a through street to
CR21.
Albrecht: Responded that some phases of Fish Point Road will be development-driven and the CIP dates are a "best
guess" of when development will occur.
LeMair: Expressed concern about the City's process when projects are moved on the CIP and referred to industrial-
zoned property.
Albrecht: Responded that the Welcome Street project could happen early as it will be completely assessed to the
benefiting properties. Noted that the area is in the wellhead protection area and there may be environmental clean-up
impacts from that which push development in the area.
LeMair: Noted there has been frustration expressed about moving the Welcome Street project to a later year.
Albrecht: Replied that the project would probably have to be initiated by petition from the owners as it will be a big
assessment and the City will not want to risk assessment appeals on the project.
Boyles: Noted that is why the CIP is looked at every year. If council believes it is not established correctly by the staff,
it has the opportunity to modify the staff's recommendations.
Erickson: Asked if water quality projects are shared with watershed.
Albrecht: Replied that the watershed district is usually the lead agency on such projects and that if the Council wanted
the City to take the lead on it, they could so direct.
Teschner: Reiterated that each project comes back to the Council for approval as it occurs.
Erickson: Asked what alum treatment does.
Albrecht: Replied it is used for weed killing and that the watershed will determine the appropriate timing.
Haugen: Commented that he supports the importance ofthe information coming from the PAR task force, and noted
that the satellite fire station and aerial platform truck are scheduled for 2008 and both are needed for public safety.
RECESS
Mayor Haugen called for a recess at 7:23 p.m.
RECONVENE
The meeting reconvened at 7:30 p.m.
Fire Station No.2 Site Evaluation, Needs Assessment Report and Preliminary Budget.
City Manager Boyles gave a history of the identification of need for the fire station and other city buildings. Noted that
a committee was established to continue the process. David Kroos of BKV Group reported on the evaluation of two
sites and the requirements identified for the proposed satellite fire station.
Dornbush: Clarified the need for more acreage than was originally planned.
Haugen: Commented on the history of the land being donated by Wensmann developers.
Millar: Spoke of the population doubling since 1997, the geographic division of the city caused by the lake and that new
construction is on the west end of town. Noted the average response time would be decreased dramatically.
Boyles: Described the attributes of the proposed aerial platform truck and noted it is needed for the difficult-to-access
homes being built in the community, and to replace the ladder truck that no longer meets requirements or safety stan-
dards. Also described the preliminary budget for the project.
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Millar: Stated that the proposed satellite station and aerial platform is a good value and that it will be a referendum pro-
ject so the public will decide whether to it go ahead with it.
Dornbush: Believes the public will agree it is a great value.
LeMair: Commented that the City has a good deal with the volunteer fire department and the City needs to give them
the tools they need to be efficient.
Erickson: Stated that people's insurances will be less because of closer fire service and some commercial entities will
have a reduction. Asked about bids on the aerial platform truck.
Boyles: Responded that the City could expect to receive several bids for the truck and the specifications and criteria
would be defined to help us get the unit that is needed and a vendor that will stand behind the product.
Erickson: Stated the specifications should be written to receive some competitive bids.
Haugen: Believes the committee is putting together the appropriate recommendations and noted that the fire depart-
ment would be making a presentation at a future meeting.
PUBLIC HEARING:
Consider Approval of a Resolution Vacating a Portion of Evanston Avenue (former Fifth Street) Right of Way
and an Alley In Schmokel's Addition.
Planner Matzke noted that the vacated easement areas would become part of the parcels adjacent to them; and that no
utilities were present on the properties.
MOTION BY MILLAR, SECONDED BY DORNBUSH TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at
8:09 p.m.
No person stepped forward to speak.
MOTION BY DORNBUSH, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed
at 8:10 p.m.
Comments:
Millar: Appears to be no public use for the property and will support it.
Dornbush: Agreed the right-of-ways are no longer needed and will support it.
LeMair: Clarified ownership of the property being vacated and the process.
Matzke: Confirmed that it goes to the adjacent properties that were platted with it.
LeMair: Asked if the City bought the property in 1914 - the date of the plat.
Kansier: Replied that it would have been dedicated to the City through the planning process, just streets are dedicated
to the City in new platting.
LeMair: Stated it could be an opportunity to get a new commercial lot for the City and questioned returning a 9,000
square-foot lot to anyone.
Erickson: Asked if the 9,000 square-feet is a usable piece of property.
Matzke: Affirmed it could be its own lot although there may be constraints on getting a home on it, and to change the
lot from its current R2 to commercial would require changes to the comprehensive plan and zoning, which could be diffi-
cult because it is on a residential street.
Erickson: Asked if it would be a buildable lot if it remained residential and if the City could sell it.
Kansier: Noted that the right-of-way was dedicated to the City for road purposes, but the City does not have fee title to
it and is only turning rights back to the property owner. The only options for the City are to keep it as a public right-of-
way or have it go back to the adjacent property owner.
Haugen: Stated that the City has no legal rights to it and no legal rights to do anything with it.
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MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-084 PROVIDING FOR THE
VACATION OF A PORTION OF THE EVANSTON AVENUE PUBLIC RIGHT-OF-WAY LOCATED NORTH OF OAK
STREET AND THE ALLEY LYING ADJACENT TO THE NORTH LINE OF BLOCK 1 OF SCHMOKEL'S ADDITION.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Water Treatment Plant Informational Hearing
Public Works Director Albrecht described the current water supply for the City and informed the Council that a water
treatment plan has been included in the Capital Improvement Program since the mid-1990s. Several issues encoun-
tered by the water treatment plant committee were explained. Street and Utilities Supervisor Eldred displayed water
samples and mechanical components of water utilities eroded during use.
MOTION BY LEMAIR, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dombush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at
8:41 p.m.
Comments:
No person stepped forward to speak.
MOTION BY LEMAIR, SECONDED BY DORNBUSH TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed
at 8:42 p.m.
Millar: Stated that providing good water to the community is an essential part of what the City should be doing. Com-
plimented the committee on being sensitive to the people living in the area proposed for the plant location.
Dornbush: Stated that Albrecht and Eldred provided a comprehensive presentation and that she leamed that the com-
munity needs the plant because of water quality. Asked where the water sample was taken from.
Eldred: Responded it was from a flush performed last week in the Willows area. Stated that people were without water
over the weekend thinking they could not call the City during the weekend, and reminded everyone that the city provides
24-hour service for water problems.
Dornbush: Commented about the plans for a second water treatment plant that would be paid for with trunk funds and
asked whether fire hydrants would have to be flushed after the City has adequate water treatment plants.
Albrecht: Replied that they would always be flushed as a maintenance function and when the water treatment system
is online it can be done on a planned schedule.
Eldred: Noted that the City is using less water to flush than it did a couple of years ago since using the directional flow
systems.
Dornbush: Reiterated an assurance to the Brookville neighborhood that the plant will be aesthetically pleasing and will
not adversely affect property value.
LeMalr: Commented that water and fire protection are essential services for citizens and that he is an advocate for the
water treatment plant and the additional storage of water. Lives near the area and looks forward to having aesthetic
building in the area.
Erickson: Stated top priorities are water quality and traffic. Asked if all water would be treated or just some and then
mix with treated; and, if blended, would it be used equally around the City.
Albrecht: Responded that this plant would be able to treat peak day use and if the City surpassed peak demand it
would receive untreated water from Savage which would be used equally around the City.
Erickson: Asked how long it would take to clean the lines after treated water is on line.
Albrecht: Replied that it will take time, but as infrastructure pieces are replaced, improvement will be seen.
Erickson: Asked if underground storage would be covered by grassland.
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Albrecht: Replied that it would be a fenced, partially exposed reservoir.
Haugen: Commented that the water treatment plant is identified as a need and an essential service, will provide more
storage capacity, the funding mechanism is in place, and the communication process with the neighborhood is in place.
MOTION BY LEMAIR, SECONDED BY MILLAR TO DIRECT THE WATER TREATMENT PLANT COMMITTEE TO
BEGIN THE CONSULTANT SELECTION PROCESS FOR THE WATER TREATMENT PLANT PROJECT.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Establishing a Housing Finance Program and Issuance of Revenue Bonds to
Finance a Senior Independent Living Facility Pursuant to Minnesota Law.
Economic Development Director Snook presented the request for a housing finance program and issuance of revenue
bonds. Allan Black of Presbyterian Homes described the joint venture with Shepherd of the Lake and the proposed fa-
cilities commenting that this would be their fifth campus in the metro area. He spoke of intergenerational programming
and health and wellness services. Noted that even though the bonds would be tax-exempt, the property would be eligi-
ble to pay property taxes. Spoke of partnerships with other service providers in the area.
MOTION BY DORNBUSH, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at
9:12 p.m.
Comments:
No person stepped forward to speak.
MOTION BY LEMAIR, SECONDED BY DORNBUSH TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed at
9:13 p.m.
Comments:
Erickson: Clarified that the housing project was not part of the finance program.
Black: Replied that the bonds and tax increment financing will have 20% of qualified housing as affordable housing in
a mixture of assisted and independent living. Rents set by the Metropolitan Council vary by incomes and change from
year-to-year.
Erickson: Asked about age requirements.
Black: Replied that at least one occupant has to be age 62 or older.
Erickson: Asked ifthere is a waiting list and when the facility is expected to be ready.
Black: Responded that 24 people are on a waiting list and completion is anticipated for September or October of 2007.
Erickson: Asked if Presbyterian homes or Shepherd's Path would be responsible for repayment of loans.
Black: Replied that a 501 (c}3 was created and is the responsible entity.
LeMair: Noted that the City cannot be damaged by this, but only serves as a means for it to happen. Asked about
short-term care.
Black: Replied that respite care units will be available for stays of 60 days or less.
LeMair: Commented that the facility makes the area attractive for people to come to because of the services.
Dornbush: Referred to her experience trying to find similar services and stated her excitement for having the facility in
the area.
Millar: Stated that Shepherd of the Lake Church has been long-term member of the community and Presbyterian
Homes has a good reputation, the need exists and this will provide affordable housing to some of the seniors in the
area.
Haugen: Concurred that the facility will serve a need and there is no risk to the City.
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MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-085 PROVIDING FOR THE
ISSUANCE AND SALE OF SENIOR HOUSING REVENUE BONDS, (SHEPHERD'S PATH SENIOR HOUSING, INC.
PROJECT), SERIES 2006B TO PROVIDE FUNDS FOR A SENIOR MULTIFAMILY HOUSING PROJECT.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
RECESS
Mayor Haugen called a recess at 9:21 p.m. in order for the Economic Development Authority meeting to convene.
RECONVENE
The meeting reconvened at 9:32 p.m.
OLD BUSINESS:
Consider Approval of a Resolution Approving the Cooperative Agreement with Scott County for CR 82 Recon-
struction.
Public Works Director Albrecht explained the project and the timeline anticipated for completion of it. Noted that there
will be a significant public relations aspect to the project because of lane closures and traffic rerouting. Albrecht re-
sponded to questions about the project from Council members throughout the presentation. Noted that some areas will
become available for development when services reach Mystic Lake Blvd., and that much of the City's cost is from utility
infrastructure.
Comments:
Millar: Stated it was good that SMSC agreed to put in their portion.
Dornbush: Asked about trails.
Albrecht: Replied that CR 21 will have trails on the east and west sides to Jeffers pond. CR 82 will have trails to CR
83.
LeMair: Commented there have been serious accidents on the corner of Fremont and this project should make this
road safer.
Erickson: Asked if some properties will be permanently taken.
Albrecht: Confirmed that some are permanently taken with fair and adequate compensation. Some eminent domain
will be used for temporary easements that are used during construction.
Erickson: Asked if any homes were taken.
Albrecht: Replied that only one home was removed Eau Claire, which was purchased rather than taken through emi-
nent domain.
Erickson: Stated he is opposing the resolution because of the no-left turn design on the intersection of Fremont and
CR82.
Haugen: Noted that design of the project was decided in 2004.
MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE RESOLUTION 06-086 APPROVING A
COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR CR 82 RECONSTRUCTION.
VOTE: Ayes by Haugen, Dornbush, LeMair and Millar. Erickson opposed. The motion carried.
Consider Approval of a Resolution Authorizing Staff to Advertise for Bids for Interim Connection of Wells #8
and #9 to Public Water System.
Public Works Director Albrecht informed the Council that wells 8 and 9 will be ready for use in July and that equipment
to connect the wells to the water system during the period of construction of the water treatment plant should eliminate
the need to purchase water from Savage and SMSC on peak days during non-emergency situations.
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Comments:
All council members indicated support.
MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-087 AUTHORIZING
ADVERTISEMENT FOR BIDS FOR INTERIM CONNECTION OF WELLS #8 AND #9 TO THE PUBLIC WATER
SYSTEM.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
RECESS
10:08 P.M.
RECONVENE
10:15 P.M.
NEW BUSINESS:
Consider Approval of a Combined Preliminary and Final Plat to be Known as Finley's Lakeview Heights.
Planner Matzke reviewed the application for this plat for the Council.
Comments:
Millar: No comments.
Dornbush: Expressed appreciation that few trees would be removed.
LeMair: Noted that three additional lots would increase the tax base and asked what goes into the development fees.
Matzke: Replied that the fees included park dedication and sewer and water connection charges as well as an out-
standing assessment.
Erickson: Will support.
Haugen: Will support.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-088 APPROVING THE COMBINED
PRELIMINARY AND FINAL PLAT OF FINLEY'S LAKEVIEW HEIGHTS AND DEVELOPMENT CONTRACT AND
SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Memorandum of Un-
derstanding for the Acquisition and Construction of a Regional Parlk and Ride Facility.
Assistant to the City Manager Meyer reviewed the process, procedures and funding proposed to acquire park and ride
sites and construct a building on the CR 18/ HWY 169 site.
Comments:
Erickson: Recommended an amendment that the design should address access and egress on CR 18 and future traf-
fic on the road to the access site.
Haugen: Asked what the impact of the amendment would mean.
Erickson: Replied there was ongoing discussion about whether there should be a right-in, right-out access or a full
intersection, which would affect the feasibility of access.
Boyles: Clarified that the proposed amendment is to address the access and egress of the site in the study rather than
proscribe what the access and egress should be.
Erickson: Confirmed.
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Meyer: Noted that the County agreed to take it before the County board for discussion and asked if Erickson was re-
questing that clarification to be included in the engineering design contract. Noted that the right-in, right-out access
concept was done by the County outside of the engineering company.
Erickson: Stated that an independent engineering company may have a better concept.
Pace: Noted that this report indicates that the parties, through the Transit Review Board, are going to solicit proposals
for the design and preparation of the final plans and specifications for construction. Since the City has two representa-
tives: one to transit review board and one to the transit planning team, a motion directing both individuals to make sure
this input is included is the appropriate place to handle it, or make sure it is in design contract.
Meyer: Replied the resolution could be revised without amending the memorandum of understanding, which has gone
to several parties, who are in agreement with it.
Pace: Agreed the Council should stay away from amending the memorandum of understanding
Erickson: Proposed language to change the fourth item on the resolution.
Haugen: Agreed the memorandum of understanding should not be amended since it is agreed upon by all parties.
Pace: A fifth item could be added to the resolution.
Erickson: With the stipulation that the design study must address access and egress from CR 18.
Meyer: Asked if the County Board could make the final determination as to the access.
Erickson: Stated he is not comfortable with the County making that determination.
Meyer: Noted that the County Board would make the final determination rather than the County staff.
Erickson: Replied there would be a joint meeting between Shakopee Council and the County Board regarding that
item, so the proposed resolution would be in alignment.
LeMair: Stated his agreement with the proposed amendment.
Dornbush: Agreed that she would like to send the message to consider access and egress to the site from CR 18.
Millar: Agreed with the amendment.
Haugen: Expressed concern about changing a document that was agreed upon in committee and stated that issues
should be addressed before they leave committee.
LeMalr: Clarified whether the memorandum of understanding would be changed.
Meyer: Replied that the MOU has been before the transit review board and transit planning team and all members have
had a chance to review it and provide comment to staff.
Erickson: Stated he did not recall reviewing the MOU.
Haugen: Reiterated concerns about changing a document that was agreed upon in committee.
Meyer: Noted that the access and egress issue was recently "brought to the table,' and believes it can be addressed in
resolution without changing the MOU.
Erickson: Stated he has had conversations with the engineer and they are considering changing it anyway.
Pace: Proposed adding the following language as a fifth item to the resolution, "the design study set forth in paragraph
five of the memorandum of understanding shall address access and egress onto CR 18.'
Meyer: Concerned that the design study is already underway and does not address the right-in, right-out issue because
it has just come up recently.
Millar: Asked where it would be addressed.
Erickson: Replied that a County staff person has stated how it will be, but wants the engineering study to look at traffic
flow and access in general to assure it is successful and viable.
Meyer: Responded that the engineering design study will do that.
Erickson: Just want it included with resolution to make sure it is addressed.
Meyer: Reminded the Council that this is an extension of CR 21 from CR 16 to Hwy 169, and the County is addressing how those two roadways will interact.
MOTION BY ERICKSON, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-089 AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE ACQUISITION AND
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CONSTRUCTION OF A REGIONAL PARK AND RIDE WITH ITEM #5 ADDED TO ADDRESS ACCESS AND EGRESS
FROM AND ONTO CR 18.
Haugen: Noted he will be voting to support the resolution but does not like the amendment because he opposes
changing work done in committee.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Granting an Easement for Access Purposes in the Matter of Griffith vs.
Hayes.
John Baker, LMCIT representative from Green Espel, distributed copies of his report on the Griffith vs. Hayes suit nam-
ing the City as one of the defendants. Stated the Council is being requested to authorize a settlement agreement and
release as well as an execution of a declaration of driveway easement. He explained that the City owns one of the par-
cels involved so became a defendant in the case, that terms of a settlement have been reached and that it is requested
that the City give prescriptive easement and, subsequently, would be out of the suit.
Comments:
Millar: Clarified that the City would not be losing the land.
Baker: Replied that it only gives them the right to use the access.
Dornbush: Asked why the City owns the lot.
Baker: Understands the lot was given to the City for $1 and it is empty except for a path leading to a bench.
LeMair: Will support it.
Erickson: Asked if it is determined that there is not right-of-way, whether the City will have given something that others
would not have.
Baker: Replied that other owners have already been given a permanent easement by the City. This is just responding
to people bringing the suit. The City has the power to give the equivalent treatment to all of the property owners if they
were to ask.
MOTION BY MILLAR, SECONDED BY LEMAIR TO AUTHORIZE DECLARATION OF DRIVEWAY EASEMENT AND
EXECUTION OF SETTLEMENT AGREEMENT REGARDING CLAIMS AGAINST THE CITY IN STEVEN AND
DANETTE GRIFFITH AND CURTIS HENNIS VS. DEBRA HAYES ET AL.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
OTHER
Haugen: Stated that Nathan Oster, communications coordinator, will be relocating to Wyoming. Shared Oster's contri-
butions and complimented him for going beyond the job description. Thanked him for his contributions to the commu-
nity. Council members expressed appreciation for Oster's commitment and performance.
LeMalr: Congratulated Dawn Shulberg and Premiere Dance for recital this past weekend.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Millar. With all in favor, the meeting
adjourned at 10:58 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
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