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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
November 6, 2006
6:00 p.m.
Fire Station No.1
Council Work Session
Report on. 2030 Comprehensive Plan Status
This meeting 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 govemmental 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 MEETING MINUTES
A. October 16, 2006, Regular City Council Meeting Minutes.
B. October 30, 2006, Special City Council 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 a Resolution Authorizing the Mayor and City Manager to Execute a Quit
Claim Deed Releasing the City's Interest in the Former T J Towing Property (Village Commerce
Building).
C. Consider Approval of a Resolution Accepting Bids and Authorizing the Execution of the City's
Standardized Contract for Electrical Equipment and Installation Services for the Wells NO.8 and 9
Project.
D. Consider Approval of a Resolution Authorizing Staff to Solicit Quotes for Geotechnical/Testing
Services Associated with the Water Treatment Facility.
6. ITEMS REMOVED FROM CONSENT AGENDA
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Phone 952.447.4230 / Fax 952.447.4245
7 . PRESENTATIONS
A. Presentations to Tony Stamson and Pat McFadden, Outgoing Advisory Committee Members
B. Economic Development Report - Paul Snook
8. PUBLIC HEARINGS
A. Consider Approval of a Public Hearing to Consider Approval of the Issuance of an On-Sale
Intoxicating and Sunday Liquor License for the Lakehouse Grill.
9. OLD BUSINESS
A. Consider Approval of a Report Regarding the Proposed Cost Sharing for County Road 21 and
Jeffers Pass I Coachman Lane Traffic Signal.
10. NEW BUSINESS
A. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Solicitation of Bids for: 1) One 2006 Model, 100-foot Articulating Aerial Platform Fire Truck, and
2) 2006 Model 1500 G.P.M. Fire Pumper Truck.
B. Consider Approval of a Resolution Authorizing Completion of a Compensation Classification Plan
and Authorizing the Mayor and City Manager to Enter Into a Professional Services Agreement
Therefore.
C. Consider Approval of a Report from the Fire Station No.2 Committee Recommending a Firm to
Provide Architectural Services and to Enter into a Modified AlA Contract for Architectural Services
as Approved by the City Attorney.
D. Consider Approval of a Report from the Lake Advisory Committee Regarding Winter Lake Use
Regulations.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS
A. Community Events.
13. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
October 16,2006
Draft
REGULAR COUNCIL MEETING MINUTES
CALL TO ORDER:
Present were Mayor Haugen, Councilmembers Dornbush, Erickson, LeMair and Millar, Assistant to the City Man-
ager Meyer, City Attorney Pace, Public Works Director/City Engineer Albrecht, Planning Director Kansier, Streets
and Utilities Supervisor Eldred, Communications Coordinator Peterson 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 min-
utes; 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.
Haugen: Reported that City Manager Boyles has sustained an injury and, therefore, is not at this meeting.
Meyer: Reviewed the concept of the Public Forum.
Comments:
No person stepped forward to speak.
APPROVAL OF AGENDA:
Councilmember Millar requested the addition of item 11 a, property tax relief for seniors.
Assistant to the City Manager Meyer requested removal of agenda item 9C, Consider Approval of a Request to
Allow A Temporary Haul Route on Hawk Ridge/Northwood Road and County Road 12 Northwoods Meadows De-
velopment, due to developer's withdrawal of the request; and the addition of item 11 b, a report on the autumn
gathering.
Mayor Haugen requested the addition of 11c, groundbreaking for the joint training facility.
MOTION BY MILLAR, 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 DORNBUSH, SECONDED BY MILLAR TO APPROVE THE OCTOBER 2, 2006, MEETING
MINUTES AS PRESENTED.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
CONSENT AGENDA:
Assistant to the City Manager Meyer reviewed the items on the consent agenda.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval of Building Permit Reports.
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City Council Meeting Minutes
October 16, 2006
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D. Consider Approval of Animal Warden Report.
E. Consider Approval of Fire Call Reports.
F. Consider Approval of 2006 3rd Quarter Investment Report.
G. Consider Approval of 2006 3rd Quarter Budget Summary Reports and General Fund Overview.
H. Consider Approval of Resolution 06.184 Awarding the City's Standardized Professional Services Contract
for Preparation of the Non-Degradation Report.
I. Consider Approval of Resolution 06.185 Approving Requests for Proposal and Authorizing Advertisement
for Bids to Conduct a Compensation Classification Study.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS READ.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
PRESENTATION
Youth Appreciation Week Proclamation.
Assistant to the City Manager Meyer stated that the Prior Lake Optimists requests a youth appreciation week
during the second week of November each year. Mayor Haugen read the proclamation declaring same.
Maxfield - Scott County Housing and Commercial/Industrial Needs Assessment.
Economic Development Director Snook informed the Council that Scott County retained Maxfield Research Inc.
to analyze land demands for the future. Jay Thompson reported on the housing needs identified by their research
and Mary Bujold reported on the commercial and industrial needs.
Comments:
Millar: Asked how Maxfield Research arrived at the numbers it reported.
Thompson: Replied it used Metropolitan Council statistics, looked at demographic trends and past housing
trends.
Meyer: Asked how accurate predictions from the studies of 1999 and 2000 were.
Thompson: Replied that predictions were low and Scott County exceeded the projected housing needs. Believes
the Met Council has done a better job of consulting with communities recently.
Haugen: Asked if data was used that was accumulated during the 2030 planning process.
Thompson: Replied that the Met Council took that into consideration.
Haugen: Believes more annexation agreements will come about that are currently unknown.
Thompson: Believes those future possibilities were taken into account by the Met Council.
Millar: Commented on average new housing levels at $700,000.
Erickson: Noted that the example of a $4 million house would skew the average.
Thompson: Replied that such instances would be weighted to try to be accurate.
Erickson: Asked if there are statistics on median price and variances ratios.
Thompson: Replied that would be calculated and forwarded to staff.
Haugen: Referred to the price of median townhouses in Scott County that are not including the Prior Lake town-
homes.
Thompson: Replied that Prior Lake townhomes are higher in price than in other communities.
Dornbush: Commented on the discrepancies in the percentage of rentals between Prior Lake and Savage.
Thompson: Replied that Savage had more apartments built in late 1990s and 2000s whereas much of the rental
property in Prior Lake is older.
Erickson: Asked about the comments regarding scheduling Hwy 13 to go to four lanes.
Bujold: Responded that it is planned to be scheduled from 2008 - 2023.
Haugen: Noted that meant it could happen between 2023 - 2040.
Snook: Noted that the full report identified the planned expansion to go from Hwy 282 to Hwy 169.
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Haugen: Noted there was a probability that it would not happen at all and state and county road designations
could change. Also noted that Prior Lake's 2030 comprehensive plan for land use would impact this research.
PUBLIC HEARING
No public hearings were conducted.
OLD BUSINESS:
Consider a Report on the Ordinance for Development on Twin Island.
Planning Director Kansier summarized the history of an applicant's request for variances to build an accessory
structure on Twin Island. Stated that a building permit was granted but not acted upon and both the permit and
variance expired because of inactivity. Noted that, generally, the island only has seasonal structures and no
paved roads or infrastructure for water and sewer or storm water management. Also noted that additional ordi-
nances would apply to construction on the island, such as those for impervious surface and setbacks.
Comments:
Millar: Asked how large of a structure can be built currently on Twin Island.
Kansier: As determined by the size of the lot, setbacks and impervious surface requirements.
Millar: Asked if there are limitations to accessory structures.
Kansier: Affirmed and noted there are also limitations for non-island parcels.
Millar: Noted he favors retaining the look of the land and tree preservation and asked why the same issues do not
apply to cabins as they do to accessory buildings.
Kansier: Replied that on most of the island lots the buildings are usually smaller. Additional structures mean trees
will be removed.
Dornbush: Asked how many lots the proposed structure would be built on.
Kansier: Replied that most property owners have more than one lot and when Twin Island was platted, the lots
were smaller.
Dornbush: Asked why a variance could not be granted for this request rather than changing the ordinance.
Kansier: Replied that a use variance would not be allowed under state statute because it would not satisfy the
hardship criteria.
Dornbush: Asked how much the square footage differed between a single garage and a double garage.
Kansier: Responded it is around 240 square feet for a single garage and 440 square feet for a double.
Dornbush: Noted that lake accessories easily fill up a single stall garage and that she wants to protect the natural
look of the land.
LeMair: Stated the Council must decide what's reasonable. Doesn't want to change the look of the island and
believes a double-car garage size of accessory structure would be reasonable if the pitch is kept low. Doesn't
know why the City doesn't want boats stored on the island.
Erickson: Commented that he had a chance to meet with the applicant and stated his particular request for his
circumstances seem reasonable.
Haugen: Commented that the purpose of the report is not whether or not the Council is in favor of the applicant's
request, but to consider whether or not to change the ordinance for overall use. Asked clarification of the size of a
detached structure on a lot that is on non-island property.
Kansier: Responded that it was calculated based on impervious surface, percentage of space of lot size that was
being used, etc.
Haugen: Noted that an 832 square-foot structure would not fit on most non-island lots and asked what the aver-
age sized lot is on Twin Island.
Kansier: Responded that lots are usually around 5,000 square feet and most owners have two or three lots to
average 12,000 - 13,000 square feet.
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Haugen: Clarified whether, with current ordinance, if an owner had more than one lot they could have a detached
structure on the second lot.
Kansier: Replied that the two lots would have to be combined as an accessory structure is not allowed on a lot
without a principal structure.
Haugen: Asked if the lots were joined, could there be a detached structure on what used to be second lot.
Kansier: Affirmed.
Haugen: Asked if the applicant currently has separate parcels or a combined lot.
Kansier: Replied the applicant currently has two parcels.
Haugen: Noted that if an owner chooses to merge lots into one parcel, they would have greater latitude for struc-
ture so the question may not be about granting a variance, but whether it makes sense to have 240 square feet as
the maximum size vs. some other size.
Erickson: Asked if the owner would be allowed to combine the lots if the lots are separated by a platted road.
Kansier: Noted that ordinance allows riparian lots to do that, but there are restrictions that would not allow them to
be subdivided again.
Haugen: Asked the Council if it wanted staff to initiate an amendment to the ordinance and go through the proc-
ess with the Planning Commission.
Kansier: Asked if the Council has a structure size it prefers.
LeMair: Noted that ordinances regarding setbacks, etc., would still have to be met and suggested working with a
structure size of 832 square feet and put a limitation on the height of the building.
MOTION BY MILLAR, SECONDED BY LEMAIR TO ACCEPT THE REPORT AND DIRECT STAFF TO INITIATE
ZONING ORDINANCE AMENDMENT PROCESSES REGARDING DEVELOPMENT ON TWIN ISLAND FOR
SEPARATE ACCESSORY BUILDINGS NOT TO EXCEED 832 SQUARE FEET.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Approving Full and Final Payment for Wells 8 and 9 and Contract Re.
lease Agreement with Keys Well Drilling Co.
Public Works Director Albrecht briefed the Council on the status of Wells 8 and 9 and that staff has considered
options of pursuing performance bonds with Keys Well Drilling for non-completion. After perusal of the contract
documents and claims that were submitted to the City, staff has decided there is not a clear cut case of perform-
ance that led to non-completion of the well. An agreement with Keys Well Drilling has been reached and staff is
recommending approval of final payment for items completed.
Comments:
Dornbush: Asked for a recap of expenditures.
Albrecht: Replied that $30,000 has been paid for work already completed.
LeMair: Clarified that work completed was something that the City retains the value of.
Albrecht: Affirmed.
LeMair: Asked if this vendor will be allowed to bid in the future.
Albrecht: Replied that a requirement for bidders is that any contractor must have successfully completed all of its
projects in the past five years. If any contractor is unable to complete a contract, they could be excluded. Noted
that bidders have to be competent low bidders for a bid to be awarded.
Erickson: Asked if the contractor should have expected to come across this issue of rock formation that they
couldn't get through.
Albrecht: Responded that Well 8 used processes that impacted the ground, but there is no guarantee that it was
caused by the contractor or that it would not have happened anyway.
Erickson: Asked if there is another well driller that can get through this kind of rock.
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Albrecht: Affirmed that there is another driller with a different kind of equipment that is more conducive for this
kind of rock formation.
Erickson: Asked if a driller could subcontract with a different driller to fulfill a contract.
Albrecht: Replied he has not observed that happening.
Erickson: Asked what it will cost to complete the well.
Albrecht: Approximately $250,000 - $300,000. Noted that a report will be brought to the Council in November
that will identify the budget.
Erickson: Asked what has been paid so far.
Albrecht: $413,000 for both Well 8 and 9.
MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.186 APPROVING FULL
AND FINAL PAYMENT AND THE CONTRACT RELEASE AGREEMENT WITH KEYS WELL DRILLING CO. FOR
WELLS NO.8 AND 9.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution Appointing G. Bryan Fleming to the Planning Commission for a Term
from November 1, 2006, to October 31, 2009.
Assistant to the City Manager Meyer reviewed terms of advisory committees and the process for acquiring new
members. LeMair commented on the interview process and the qualifications of the candidates and stated that the
committee voted unanimously to recommend Bryan Fleming to fill the position.
Comments:
Millar: Will go with committee's recommendation.
Dornbush: Noted that Fleming brings much experience and obviously cares about the community.
Erickson: Stated that the Planning Commission is not as visible to the public, but has much input as to what the
City will look like in the future and a commissioner is a very important position. Believes Fleming will do a good job,
but would like to see a video of the interviews or transcripts of them in order to make a decision.
Haugen: Will support the committee's recommendation and commented that bylaws point out the process for ap-
pointing and the make-up of the interviewing committee is defined; and it is the role of the Council liaison and the
City Manager to make the recommendation for appointment.
MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.187 APPOINTING G.
BRYAN FLEMING TO THE PLANNING COMMISSION TO A THREE-YEAR TERM EXPIRING ON OCTOBER 31,
2009.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Authorizing Solicitation of Proposal for Architectural Services for the
Construction of Fire Station No.2.
Assistant to the City Manager Meyer explained the reasons to use the general contractor delivery system for
construction of Fire Station No 2. Councilmember Millar noted that during committee meetings, the committee
worked toward getting the best job and holding the cost down and the partnership with Allina would help achieve
that. Mayor Haugen commented that the committee considered it a cost savings to use the general contractor sys-
tem and the construction expertise of the Fire Chief and an engineer who is a volunteer firefighter.
Comments:
Dornbush: Asked if architectural firms had input on the request for proposal format.
Meyer: Affirmed and noted that they suggested revisions to timelines.
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LeMair: Asked about compensation for the Fire Chief and engineer for their expertise in construction. Believes
compensation is appropriate and that the amount and process should be documented.
Haugen: Agreed and noted that the Council will have formal approval on any contract that is extended to them.
Erickson: Stated the process outlined on the RFP looks good.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.188 APPROVING A REQUEST
FOR PROPOSAL AND SOLICITATION OF PROPOSALS FOR ARCHITECTURAL SERVICES FOR FIRE
STATION NO.2.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
Consider Approval of a Resolution Updating the City of Prior Lake Winter Maintenance Policy.
Streets and Utilities Supervisor Eldred outlined the changes in prioritizing of routes and explained the process
for determining them. Noted there are no plans for staffing changes for this year.
Comments:
LeMair: Stated the policy looks well planned.
Erickson: Asked how long it takes for sidewalks to be cleared after a significant snowfall.
Eldred: Replied that sidewalks are taken care of in 8 - 10 hours. Noted that people could check the priority of their
particular area on the Website or by picking up a copy of the policy from the maintenance center.
Millar: Will support.
Dornbush: Asked how long it takes to clear a major snowfall and complimented the department on the public
safety aspect of snow clearance.
Eldred: Replied it generally is 8 - 10 hours depending upon whether anti-icing has been done before the storm.
Noted that brine will help a lot.
Haugen: Agreed that clearing a snowfall is about public safety and noted that not using sand around the lake is
also a great ecological benefit.
Eldred: Explained the environmental benefits of using salt brine as well as making it easier for clean-up in the
spring. Noted the department is reviewing equipment that will allow the use of even less sand/salt and gave com-
parisons of how much less sand/salt is being used now vs. four years ago.
MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.189 APPROVING THE
2006 UPDATE TO THE WINTER MAINTENANCE POLICY
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
OTHER
Property Tax Relief for Senior Citizens
Millar: Commented on the workshop with Scott County assessors about 2007 assessments and referred to a Star
Tribune article about property values increasing over the past few years. Asked that staff investigate measures
that could provide tax relief for senior citizens in Prior Lake.
Haugen: Noted there are programs from the state to assist seniors on fixed incomes. Commented that in Prior
Lake, the property tax increase has been less than the rate of inflation for the last few years and this year the prop-
erty tax rate will probably be the lowest in Scott County. Commented on state-level tax mandates that eliminated
over a million dollars from coming to the City.
Erickson: Emphasized that if everyone's property value increases, it doesn't mean that taxes go up by the same
percentage.
Millar: Believes that when people are on fixed incomes, an increase in property value has a direct bearing on the
taxes they pay.
Dornbush: Agreed she would not want homes valued so high the people would be taxed out of their homes.
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MOTION BY MILLAR, SECONDED BY DORNBUSH TO DIRECT STAFF TO INVESTIGATE AND REPORT TO
THE COUNCIL ABOUT POSSIBLE TAX MEASURES WHICH COULD BE CONSIDERED TO PROVIDE
PROPERTY TAX RELIEF TO SENIORS IN PRIOR LAKE.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar.
Autumn Gathering
Recreation Coordinator Barstad reported on the Autumn Gathering and presented photos taken during the
event. Stated it was a good turnout.
Joint Regional Training Facility Groundbreaking
Mayor Haugen reported on the groundbreaking ceremony and complimented those responsible for planning the
project.
Community Events
Erickson: Noted that Steamed Heat will play at the VFW Saturday night.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Dornbush and seconded by
LeMair. With all in favor, the meeting adjourned at 8:18 p.m.
Frank Boyles, City Manager
Charlotte Green, Administrative Assistant
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CALL TO ORDER
Present were Mayor Haugen, Councilmembers Dornbush, Erickson, LeMair and Millar, City
Manager Boyles, Finance Director Teschner and Administrative Assistant Green.
Consider Approval of a Resolution Providing for the Issuance and Sale of $3,700,000
General Obligation Fire Hall Bonds, Series 2006A and Levying a Tax for the Payment
Thereof.
Steve Mattson of Northland Securities, Inc. advised the Council that $3.7 million in general
obligation fire hall bonds were sold at an average coupon rate of 4.4441 % with a net effective
rate of 4.5304%. He explained principal and interest payments for the total 25-year debt
service and the projected cost for homesteads of varying values for the same time period.
Commented that the cost of purchasing bond insurance earlier in the year resulted in a sav-
ings of approximately $100,000.
MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06-190
PROVIDING FOR THE ISSUANCE AND SALE OF $3,700,000 GENERAL OBLIGATION
FIRE HALL BONDS, SERIES 2006A AND LEVYING A TAX FOR THE PAYMENT
THEREOF.
VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Haugen.
With all in favor, the meeting adjourned at 5:12 p.m.
Frank Boyles, City Manager
Charlotte Green, Administrative Assistant
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
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