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EDA MEETING 5:30 - 7:00 p,m,
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: November 15, 1999
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ..,....,................. 7:30 p,m,
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF NOVEMBER 1, 1999 MEETING MINUTES AND
NOVEMBER 3,1999 SPECIAL MEETING MINUTES.
4, CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda, Unless the Mayor, a Councilmember, or member of
the public specifically requests that an item on the Consent Agenda be removed and considered separately,
Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed
from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category.
A) Consider Approval of Invoices to be Paid,
B) Consider Approval of Treasurer's Report
C) Consider Approval of Building Permit Report,
D) Consider Approval of Animal Warden Monthly Re - q'-I1..1-
E) Consider Approval of Fire Call Report
F) Consider Approval of January-October 199 City Council Directives Report,
G) Consider Approval of Resolution 99- Authorizing Special Assessment Deferral for
City Project 99-13 North Shore Oaks First Addition Sewer and Water Installation,
H) Consider Approval of Temporary Consumption and Display Permit for the Church of
St. Michael.
I) Consider Approval of Temporary 3,2 Liquor License for the Church of St. Michael.
5.
ITEMS REMOVED FROM CONSENT AGENDA.
6,
PRESENTATIONS:
7,
PUBLIC HEARINGS:
8.
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OLD BUSINESS: [)IF "v' 1'tIO y~;, - U rWl
A) Consider Approval of Resolution 99-X/ Denying an Amen~ment to the
Comprehensive Plan Request by Northview Development for the Property Located at
4520 Tower Avenue. 123
B) Consider Approval of Resolution 99-~ pproving the Final Plat and Development
Contract for Wild Oaks, l"Ltf
C) Consider Approval of Resolution 99-)fK Approving the Final Plat and Development
Contract for Glynwater 2nd Addition,
162Q.Qfeegle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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D) Consider Approval of Ordinance 99-~ Approving an Amendment to the Zoning
Ordinance Relating to Sunset Provisions for the Combination of Nonconforming Lots,
Lot Area for Duplexes, Required Setbacks in the Shoreland District, Setback
Averaging in the Shoreland District and the Requirements for Hold Harmless
Agreements. ~~ -/15
E) Consider Approval of (1) Resolution 99~for Traffic Control Signal Agreement No.
1.t. 79677R Between the State of Minnesota and the City of Prior Lake; and (2) Resolution
'\.,,\,\ ~ Accepting Bids and Awarding Contract for Installation of Six Emergency
~ Vehicles Preemption (EVP) Systems (City Project 98-23).
.--EL Consider Approval of Resolution 99-XX Awarding Bid for the Purchase of One (1)
2200-Gallon Fire Department Tanker Truck, Trade-In of the Existing Used Tanker
Truck, and Authorizing the Mayor and City Manager to Execute Contract Documents
Associated Therewith.
NEW BUSINESS: l11 - , uq.
A) Consider Approval of Resolution 99-?K Approving an Amendment to the Wind song on
the Lake PUD to Add Additional Property and Boat Slips.
B) Consider Approval of Report Regarding Y2K Contingency Planning.
9.
10,
11,
12,
111599.DOC
OTHER BUSINESS:
ANNOUNCEMENTS/CORRESPONDENCE
ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
November 1, 1999
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Council member Kedrowski, Petersen, Wuellner, and Schenck, City
Manager Boyles, City Attorney Pace, Planning Coordinator Kansier, Acting City Engineer McDermott,
Finance Director Teschner, Park & Recreation Director Hokeness, Parks Maintenance Supervisor
Friedges, Planner Tovar and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA AS PROPOSED,
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried,
APPROVAL OF MINUTES FROM OCTOBER 18.1999
MOTION BY SCHENCK, SECOND BY WUELLNER, TO APPROVE OCTOBER 18, 1999 MEETING
MINUTES,
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried,
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid,
(B) Consider Approval of Resolution 99-116 Overturning the Decision of the Planning Commission
to Deny a Variance to Locate an Accessory Garage Building Between the Front Building Wall
and the Front Lot Line instead of the Required Side and Rear Yard on the Property Located at
6082 - 150th Street S,E.
BOYLES: Briefly reviewed the consent agenda items.
MOTION BY SGHENCK, SECOND BY WUELLNER TO APPROVE THE CONSENT AGENDA AS
PROPOSED.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
PRESENTATIONS: ,
Proclamation by Mayor Mader Recognizing Youth Appreciation Week.
/
Mayor MADER read the proclamation and declared November 7-13,1999 as youth appreciation week in
the City of Prior Lake.
Because the public hearing was scheduled for 7:45 pm,
and the meeting had not reached that time,
ltem,8A became the next item on the agenda.
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Council Meeting Minutes
November 1,1999
PUBLIC HEARINGS:
Public Hearing to Conduct Assessment Hearing for 1999 Improvement Project 99-11 Candy
Cove / Lakeside Manor Improvements and Consider Approval of Resolution 99-117 Adopting
the Assessment Roll for the Project.
Mayor MADER declared the public hearing open, .
BOYLES: Briefly reviewed the past Council direction in connection with the staff report, Noted that the
Lakeside Manor Homeowner's Association had submitted a check for payment in full of the proposed
assessment. Also submitted correspondence from Daniel Gottel regarding his request for combination
of two lots he owns. .
MADER: Asked if the two lots 0
KANSIER: Clarified that it appears that both lots would be buildable though nonconforming, and that no
permit for combination has been issued at this point.
KEDROWSKI: Asked why the County Assessor treats the property as one lot, and we do not. Also asked
if it is possible that the property owner could split the property at a later date.
TESCHNER: Noted that the County, at the owners request, can combine the PID numbers for property
tax purposes, but that the legal descriptions of the lots are not combined. Also noted that on page 6, for
Lots 5 and 6, Block 1, Lakeside Manor, the PID number for 006 should be removed. Further clarified
that the check received from the Homeowner's Association is a partial payment reduction since there is
no specific special assessment in place against the Association property,
BOYLES: Clarified that the impact is that the payment reduces the assessment per parcel.
TESCHNER: Confirmed,
MADER: Noted that if this property ended up being one lot, would it be reasonable to then assess the
property as one lot.
TESCHNER: Disagreed, and added that at the present time there is no building permit issued or in
process. We must assess the property in its current status,
PACE: Asked Finance Director Teschner to clarify if the equivalent of the assessment for the 4 units
previously proposed to be assessed over the Association property was spread over the remaining
properties, and that the number of units was reduced,
TESCHNER: Answered that the units were reduced from 53 to 52, The Association assessment of
$13,508, which represented 4 assessable units, was shifted the cost to the 52 property owners. The
Association has now issued a prepayment to reduce the assessments spread over the remaining 52
properties.
MADER: Commented that previously there were 53 units and now we are assessing 52.
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City Council Meeting Minutes
November 1, 1999
TESCHNER: Correct, but it did not change the unit assessment based on the number of units. The
Association check is only a matter of record, and does not need to be part of the Council action,
Mayor MADER asked for public input.
KATY HALLBERG (Treasurer of Lakeside Homeowner's Association): Submitted a list of homeowner's
association property owners to be cross-referenced with the City staff list.
MOTION BY SCHENCK, SECOND BY WUELLNER, TO CLOSE THE PUBLIC HEARING,
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY WUELLNER, TO APPROVE RESOLUTION 99-117
ADOPTING THE ASSESSMENT ROLL FOR THE CANDY COVE I LAKESIDE MANOR
IMPROVEMENTS (CITY PROJECT 99-11).
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried,
Public Hearing to Consider Approval of Resolution 99-118 Vacating a Portion of the Roadway
Easement for Pike Lake Trail Located on Lots 1-4, Block 4, Knob Hil/2nd Addition.
Mayor MADER declared the public hearing open,
BOYLES: Review the agenda item in connection with the staff report.
MADER: Clarified that we are only vacating a portion of an easement across private property and not
something the City owns,
Shelly BUSCH (15750 Island View Road): Supports vacation of the easement because currently the
easement affects the location of their deck in order to meet setback requirements,
MOTION BY SCHENCK, SECOND BY WUELLNER, TO CLOSE THE PUBLIC HEARING,
VOTE: Ayes by Mader, Kedrowski. Petersen., Wuellner and Schenck, the motion carried.
MOTION BY SCHENCK, SECOND BY PETERSEN, TO APPROVE RESOLUTION 99-118 VACATING
A PORTION OF THE ROADWAY EASEMENT FOR PIKE LAKE TRAIL LOCATED ON LOTS 1-4,
BLOCK 4, KNOB HILL 2ND ADDITION.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OLD BUSINESS:
Consider Approval of Ordinance 99-17 Approving an Amendment to the Zoning Ordinance
Relating to the Setback Requirements for Residential Driveways (Case File 99-079).
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-17
APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE SETBACK
f3,EOUIREMENIS,EQR RESlDENII,t,L DRIVEWAYS (CASE FILE 99-079 .
~TE: Ayes by Mader, Kedrowski, peterse~-,WiJEmneTand Schenck, the motion carried.
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City Council Meeting Minutes
November 1,1999
BOYLES: Briefly reviewed the agenda item in connection with the staff report and the action previously
brought to the Council.
MADER: Concerned that townhouse and cluster lots below minimum width standards do not require
specific criteria and are subject only to City Engineer approval. Asked if there is no criteria defined,
doesn't that create the possibility of inconsistency. Suggested providing a minimum setback (Le. not
less than) rather than leaving the decision to the discretion of the staff member.
KANSIER: Noted that staff felt this was an adequate approach given that townhouse and cluster
developments are subject to stricter guidelines through the preliminary plat process, Is comfortable
with this language because being so specific could not possibly apply to every circumstance, For
example, in the case of the Glynwater development, the design was to eliminate curb cuts and change
the aesthetics of the development by not viewing only big garages from the street.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
The Council returned to the 7:45 p.m. public hearing (Item 7A).
Consider Approval of Resolution 99-119 Awarding Bid and Authorizing the Mayor and City
Manager to Execute the City's Standard Contract for the Construction of a Community Park /
Athletic Complex on the Former Busse Property.
BOYLES: Review the agenda item in connection with the staff report and reviewed the bidding process,
items to be completed, and staff recommendation for the bid award.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-119
AWARDING BID AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S
STANDARD CONTRACT FOR THE CONSTRUCTION OF A COMMUNITY PARK / ATHLETIC
COMPLEX ON THE FORMER BUSSE PROPERTY.
HOKENESS: Described the proposed park development on the former Busse property, which would
include four softball/baseball fields and four full-sized soccer fields. Also noted the development of
unique natural barriers including run-off ponding, biofilters and berming, Stated that the staff will
continue to work with nearby property owners to address their concerns as the park development
progresses.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried,
The Council took a brief recess.
NEW BUSINESS:
Consider Approval of Resolution 99-XX Approving Conditional Use Permit for a Communication
Tower located within the CSAH 42 Right-of-Way.
TOVAR: Discussed the specific location of the monopole, the monopole design, and the conditions of
the CUP approval as recommended by the Planning Commission and staff.
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City Council Meeting Minutes
November 1, 1999
MADER: Asked if the tower on the Jeffers property that has been determined to be structurally unsound
could be reconstructed,
TOVAR: Referred to an October 7th letter from US West as contained in the staff report which states
that it is unlikely that the tower could support the monopole and that it is unclear how long it will take
before the property title can be cleared up,
SCHENCK: Asked if there is a fee imposed by the City or the County.
TOVAR: Noted that a building permit is required, but no usage fee is required, similar to other utilities.
MADER: Clarified that the statute allows for charge of a usage fee, but only if the fee is proportionate to
the costs associated with maintaining the right-of-way, and if a similar fee has been charged for other
utilities in the past.
BOYLES: Noted that there is an additional complication because this is a County right-of-way,
SCHENCK: Asked what other cities allow these types of monopoles, and to what extent.
Dan FISCHER (representing US West, the applicant): Noted that this application is relatively new to US
West. US West believes this use is consistent with other utilities. The Telecommunications Act does
allow users within the right-of-way. It is even a more consistent use placing the pole in the right-of-way
than locating it in the middle of a field, In utilizing the application, US West is attempting to keep the
design as unobtrusive as possible, Also noted US West's willingness to work with staff as the
ordinance is reviewed for possible revisions in order to maintain specific criteria for allowing the use in
the future,
MADER: Read from the statute which allows cities to regulate the use of multiple and competing
facilities within public rights-of-way. Understood that to mean there was some latitude for the City to
regulate the use.
PACE: Clarified that a permitting process which was different from that presently required by the
ordinance, although discussed with the US West representatives, was not something staff would or
could commit to, nor did staff imply implement any administrative process whereby these uses would
not come before the Council for consideration. Advised that it is in the Council's best interest to put
policies in place to manage such uses, even though it cannot specifically prohibit them.
SCHENCK: Asked the US West engineer why there is an advantage to putting the monopole in a ditch,
and if the southwest side of CSAH 42 would work,
SCOTT SCHECKLMAN (US West Radio Frequency Engineer): By putting the monopole in the lowest
spot, the signal reaches where it is weakest (Le, fills up the hole), There is no reason from an RF
perspective that the Jeffers location wouldn't work, US West chose to remain consistent with the other
line of poles in the area and locate the tower at the proposed location.
WUELLNER: Asked about the average distance between poles, and if the tower on the Jeffers property
is structurally unsound. Also asked about the life of this type of technology.
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City Council Meeting Minutes
November 1,1999
SCOTT SCHECKLMAN: Approximately 1 to 1.5 miles in a suburban area, and slightly farther apart in rural
areas. Also noted upon the structural engineers review of the site, it is unlikely, based upon the size of
the tower, that it could support the monopole. The advantage of radio frequency is that it is much more
reliable and faster than satellite signals. The estimate is that this technology will continue to increase
for the next 10-15 years.
PETERSEN: Concerned about the unsightliness of numerous monopoles. Also noted that to locate the
pole in a ditch has the potential to damage the equipment if vehicles would end up in the ditch during
bad weather.
SCHECKLMAN: Described the strategies to camouflages the antennas as much as possible.
DAVE FISCHER: Discussed the alternative locations researched and why the proposed site was chosen,
including the lack of overhead power lines, space available for the pole, and no need for additional
easements from adjoining property owners.
MADER: Asked if communications companies share poles, and if it would be reasonable for US West to
rebuild the tower on the Jeffers property and combine uses so that there would only be one tower in
the area.
FISCHER: US West has joint use agreements with other power companies, In this case, there was not a
current power company to share a pole with at this location due to the number of wires, Also, with the
Jeffers property in abatement, it is not clear how long until US West could enter into a ground lease
agreement, and what the future of that particular property would be. US West is trying to provide
service as soon as possible.
Mayor MADER asked for public comment.
DONALD JOHNSTON (4960 - 140th Street N.W.): Read a brief statement in opposition to the proposed
monopole tower due to (1) degradation of the aesthetic value of their property and diminution of their
property value; (2) it would open up the management of a whole new use for wireless companies
causing major disruption of the status quo; (3) the site is inadequate in size and easement access; and
(4) the use is contrary to the intent of the statute, which will be revisited in the next legislative session.
Commented that Prior Lake could become an antenna park. Requested Council action denying the
CUP, a 6-month moratorium, or specific restrictions upon approval as to camouflaging the pole to
preserve the aesthetic value of the surrounding residential properties and providing compensation for
diminution in property value,
KEDROWSKI: Does not support the proposal. Believes an action approving the use would open a much
larger issue for the City and set an unfavorable precedent for the community. Concurred that the
ordinance does need to be revisited in order to address these issues,
MADER: Commented that a number of issues have been raised and that there may be possible
alternatives available. Does not support the proposal at this time,
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ITEM TO A
SUBCOMMITTEE FOR FURTHER CONSIDERATION OF THE ISSUES OF THIS USE AS WELL AS
POSSIBLE ORDINANCE AMENDMENTS,
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City Council Meeting Minutes
November 1, 1999
FISCHER: Requested a decision by the Council be made at this time either in support or denial, so that
US West may consider further action, if necessary.
The Council took a brief recess.
MADER: The City Attorney has advised that the Council has until Jan, 13, 2000 in order to take action
on the Conditional Use Permit.
MADER WITHDREW THE PREVIOUS MOTION, AND COUNCILMEMBER WUELLNER WITHDREW
HIS SECOND,
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE AND POSSIBLE ORDINANCE
AMENDMENTS PRIOR TO THE JAN, 13, 2000 DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried,
Consider Approval of Resolution 99-XX Approving the Conditional Use Permit for a
Communication Tower located within the Candy Cove Right-of-Way.
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE PRIOR TO THE JAN, 13, 2000
DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried,
Consider Approval of Resolution 99-120 Initiating the Vacation of a Portion of Red Oaks Road
Adjacent to Lots 27-37, Red Oaks.
BOYLES: Reviewed the agenda item in connection with the staff report, the options available to resolve
the issue, and the recommendation by staff,
MADER: Asked if vacating the roadway eliminates City access for fire and police access.
KANSIER: Noted that the City and remaining property owners must received easements for access from
Ms, Roehr before the vacation would be initiated.
PACE: The easement agreements that would be acquired prior to initiating the vacation would have to
provide access easements for the City emergency vehicles and the remaining properties, The draft
easements before you are shown as a good faith intent by the property owners to proceed in this
fashion.
MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX INITIATING
THE VACATION OF A PORTION OF RED OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS,
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
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City Council Meeting Minutes
November 1, 1999
Consider Approval of Ordinance 99-XX Amending City Code Section 105.300 Relating to the
Salaries of the Mayor and City Councilmembers.
BOYLES: Reviewed the agenda item in connection with the staff report, and noted that even with the
increase, the salaries would remain below the average across the metro area.
MOTION BY MADER, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-XX AMENDING
CITY CODE SECTION 105.300 RELATING TO THE SALARIES OF THE MAYOR AND CITY
COUNCILMEMBERS.
WUELLNER: While there is a strong case to be made for increasing the salaries, uncomfortable because
his impression is that the intent of the law is that the public be given more notice, rather than the action
being considered the night before an election.
PETERSEN: Noted that the item was in the paper.
MADER: Also noted that the discussion has occurred several times, including during budget workshops,
and that consideration of the item has appeared in the newspaper. Supports the amendment.
KEDROWSKI: Does not support the motion. The money is not an issue for him. He is dedicated to public
service and cannot support the motion being a candidate facing election in such a bottom-line
conscious community.
VOTE: Ayes by Mader and Petersen, Nayes by Kedrowski, Wuellner and Schenck, the motion failed.
Consider Approval of Appointments to the Parks Advisory Committee, Lake Advisory
Committee and Planning Commission.
BOYLES: Noted the procedure for filling the current vacancies for 2 Planning Commissioners, 3 Lake
Advisory Commissioners, and 3 Parks Advisory Commissioners, and the recommendation by the
interview committees.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE APPOINTMENTS TO THE
PARKS ADVISORY COMMITTEE, LAKE ADVISORY COMMITTEE AND PLANNING COMMISSION
AS PROPOSED.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
MADER: Announced a special meeting of the City Council at 9am on Wednesday, November 3rd to
certify the election results.
BOYLES: Reminded Councilmembers that staff is seeking direction on possible ordinance revisions for
allowing garages in front yards. Please see your Weekly Update of October 29, 1999.
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City Council Meeting Minutes
November 1,1999
A motion to adjourn was made and seconded, The meeting adjourned a
Frank Boyles, City Manager
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SPECIAL COUNCIL MEETING MINUTES
November 3, 1999
Special Meeting of the Prior Lake City Council
to Canvas Municipal Election Results
Present were: Mayor Wes Mader, Councilmembers Wuellner and Petersen, Finance Director
Teschner, and City Manager Boyles.
Mayor MADER called the meeting to order at 9:03 a.m.
TESCHNER: Reviewed the results of the November 2, 1999 municipal election and explained
the details of Resolution 99-121.
MOTION BY WUELLNER, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-121
CANVASING THE RETURNS OF THE CITY OF PRIOR LAKE 1999 MUNICIPAL ELECTION.
VOTE: Ayes by Mader, Wuellner and Petersen, the motion carried.
MOTION BY WUELLNER, SECOND BY PETERSEN TO ADJOURN.
VOTE: Ayes by Mader, Wuellner and Petersen, the motion carried.
The meeting adjourned at 9:06 p.m.
Frank Boyles, City Manager
16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER