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7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: Tuesday, February 16, 1999
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE ............... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF FEBRUARY 1,1999 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 Report
E) Consider Approval of Fire Call Report
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS: NONE.
7. PUBLIC HEARINGS: NONE.
8. OLD BUSINESS:
A) Consider Approval of Ordinance 99-XX Adopting a Comprehensive Zoning
Ordinance for the City of Prior Lake.
S) Consider Approval of Change Orders for the Library/Resource Center:
1. Lloyd Excavation, Inc. for soil correction, storm sewer pipe and water main.
2. FULCO Construction for footing modification, elimination of parking lot,
eliminating block wall, redesign of exterior screen wall and lighting
modification.
9. NEW BUSINESS:
A) Consider Approval of Resolution 99-XX Amending Resolution 98-99 Authorizing
Condemnation of Property by Reducing the Amount of Property to be Acquired
from 15.18 Acres (entire parcel) to 2.21 Acres for Road Access Purposes Only.
16~QQ~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
B) Consider Approval of Resolution 99-XX Approving Plans and Specifications and
Authorizing the Advertisement and Solicitation of Bids for Lakefront Park
Improvements.
C) Consider Approval of proposed Lake Advisory Committee process, timelin~ and
funding for completing Comprehensive Lake Management Plan.
D) Consider Approval of Amendments to City Council Bylaws and Approval of
Workshop Notes.
E) Consider Approval of City Manager Salary Adjustment and Employment
Agreement.
10. OTHER BUSINESS:
A) Executive Session to Discuss Labor Negotiations
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
Date: February 1, 1999 (7:30pm)
CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader,
Councilmembers Petersen and Schenck, City Manager Boyles, Assistant City Manager Woodson,
City Attorney Pace, Public Work Director IIkka, Assistant City Engineer McDermott, Planning
Coordinator Kansier, MIS Coordinator Dushek, Recreation Director Hokeness and Recording
Secretary Meyer.
APPROVAL OF AGENDA:
BOYLES: Requested adding as Item 100, Consider Approval of Resolution 99-XX approving the
purchase of 38.4 acres of Busse property for park purposes, and as Item 11A, an Executive
Session to discuss the Valley Paving litigation and the St. Michael's Church Special Assessment
Appeal.
MOTION BY MADER TO APPROVE THE AGENDA AS AMENDED WITH RESPECT TO THE
EXECUTIVE SESSION, BUT TO TABLE ITEM 10D UNTIL A FULL COUNCIL WAS PRESENT.
THE MOTION WAS NOT SECONDED AND FAILED.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE AMENDED AGENDA AS
RECOMMENDED BY THE CITY MANAGER.
VOTE: Ayes by Schenck and Petersen, Nay by Mader, the motion carried.
CONSIDER APPROVAL OF JANUARY 19. 1999 MEETING MINUTES:
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE
JANUARY 19,1999 MEETING.
VOTE: Ayes by Mader, Schenck and Petersen, the motion carried.
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.
Consider Approval of Invoices to be Paid.
Consider Approval of Sale of Excess City Vehicle.
Consider Approval of Massage Therapy License for Judy Coursolle..
City Manager BOYLES reviewed the Consent Agenda items.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA.
VOTE: Ayes by Mader, Schenck and Petersen, the motion carried.
ITEMS REMOVED FROM CONSENT AGENDA: NONE.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Minutes
February 1, 1999
PRESENTATIONS:
1998 Economic Development Authority Annual Report - Bob Barsness
BOYLES: Introduced EDA President Barsness and stated that the annual EDA report was in
accordance with the requirements of the City Council Bylaws and state statute.
BARSNESS: Reviewed the EDA projects of the past year including sale of parcels in the Business
Office Park (Keyland Homes and NBC Products), marketing and status of 4.5 acre parcel,
addressed a shift of the redevelopment priorities of the EDA from the Priordale Mall to Downtown,
selection of Hoisington & Koegler firm as architect on the Downtown Redevelopment project,
briefly defined the timeline and goals for proceeding with the Downtown project, implementation of
tax increment policy, inventory of vacant commercial industrial property identifying comprehensive
plan zoning designation and sewer availability, conducted two workshops - one on the conceptual
design of the Downtown project and the other dealt with business retention and expansion
programs, discussed last year's receipts and expenditures, and also discussed goals for the EDA
in 1999.
PUBLIC HEARINGS: NONE
OLD BUSINESS:
Consider Approval of Final Payment for City Projects 95-07 (Mushtown Road), 97-02 (Fish
Point Road), and 97-17 (Pike Lake Trail).
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE FINAL PAYMENT FOR CITY
PROJECTS 95-07 (MUSHTOWN ROAD), 97-02 (FISH POINT ROAD), AND 97-17 (PIKE LAKE
TRAIL).
MADER: Questioned an amount discrepancy in the Staff report between the total funds
encumbered and the total value of work certified to date (roughly $5000).
ILKKA: Explained that the total funds encumbered is repeating the estimated contract amount of
the original contract which is a unit price contract. The actuals have come in as overruns of
approximately $5600. Basically, overages and underages are because of adjustments to the
estimates.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
Consider Approval of Resolution 99-XX Reimbursing the Developer of Maple Hills Second
Addition for Costs under the Developer's Agreement and Providing Findings of Fact
Therefore.
MADER: Given the different viewpoints on this subject and past actions of the Council, suggested
deferring the item until a full Council is present.
MOTION BY MADER, SECOND BY PETERSEN TO DEFER THE ISSUE UNTIL A FULL
COUNCIL IS PRESENT.
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SCHENCK: Asked for clarification as to the intent of deferring this item. Understood thi?t this
Resolution would satisfy the concerns of the Council and of the Staff and Developer. If there was a
consensus among the Council, suggested voting on this item and not reviewing the item for yet a
fourth time.
PETERSEN: Suggested putting it to bed if there is consensus among the Council tonight.
PACE: Advised that in earlier discussions with the Developer, Mr. Allen (Developer) understood the
Staff recommendation and she was left with the impression that the Developer was comfortable
with it.
MADER AND PETERSEN WITHDREW THE MOTION AND SECOND TO DEFER.
MOTION BY SCHENCK, SECOND BY MADER, TO APPROVE RESOLUTION 99-XX
REIMBURSING THE DEVELOPER OF MAPLE HILL SECOND ADDITION FOR CERTAIN
COSTS UNDER THE DEVELOPER'S AGREEMENT AND PROVIDING FINDINGS OF FACT
THEREFORE.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
NEW BUSINESS:
Consider Approval of Acquisition of two 1999 Crown Victoria Police Vehicles.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX FOR
THE ACQUISITION OF TWO 1999 FORD CROWN VICTORIA POLICE VEHICLES.
BOYLES: Explained that the replacement of the vehicles was part of a cooperative purchasing
agreement with Hennepin County and that the old models would be recycled within other City
departments. $45,000 is currently budgeted and this expenditure would be $41,450.00 for the two
vehicles.
SCHENCK: Questioned whether a Ford sedan was the best option and if a four-wheel drive vehicle
wouldn't be more prudent.
O'ROURKE: Chevy does make police vehicles but Ford is the only full-size rear-wheeled drive
police vehicle with approval from the Michigan State Police who do all the testing and certification.
There are other options. Saab make a police vehicle. Chevy has the Lumina, which is not typically
used in Minnesota. Chevy also has now adapted Tahoes (S.U.V.) as pursuit-approved vehicles,
most four-wheeled drive vehicles are classified service vehicles. There is some good rationale for
having a four-wheel drive vehicle available to us, but more as a service/supervisor vehicle and not
necessarily as a routine patrol vehicle. Stated that the vehicles to be recycled are 1997 vehicles
with 90,000-100,000 miles. Suggested monitoring motor and transmission hours because the use
of the vehicles is much more intense than a typical 100,000 mile vehicle.
MADER: Asked how many squad cars are currently in the Police fleet?
O'ROURKE: 5 fully marked squads, 1 Class B unmarked vehicle (white '96 Crown Victoria),
Cherokee Sport (service vehicle), and four unmarked vehicles.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
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Council Meeting Minutes
February 1, 1999
Consider Approval of the Purchase of Computer Hardware and Software to Implement a
Geographical Information System (GIS).
MOTION BY SCHENCK, SECOND BY PETERSEN. TO APPROVE RESOLUTION 99-XX FOR
THE PURCHASE OF COMPUTER HARDWARE AND SOFnNARE TO IMPLEMENT A
GEOGRAPHICAL INFORMATION SYSTEM (GIS).
MADER: Questioned what specifically this equipment would enable us to do that we can't do now.
MCDERMOTT: Reviewed numerous examples of how the Engineering, Planning, Parks, Building,
Administration, Police and Fire Departments could benefit from the software and hardware. The
system enables us to see the exact parcels within the City and to produce maps, generate mailing
lists, plot utilities, show flood elevation, access the number of building permits issued, etc. We
could access County information with respect to a particular parcel and determine market value,
zoning classification, voting districts, emergency response districts and many others. We currently
do not have the capability to produce data and maps digitally. This system links features on a map
to data.
MADER: Questioned how acquisition of this software really helps the citizens, and what benefit is
ultimately realized. Could not see how this technology is necessary in enabling the City to provide
services. Not in support of the acquisition at this time.
WOODSON: Provided clarification that the concept of GIS was included in the capital improvement
program as directed by the Council as an attempt to bring Prior Lake up-to-speed with certain
technological advancements. The current property management data is now being converted to an
access program which is Year 2000 compliant. The existing system would not be functional at the
turn of the century. One of the benefits of the GIS system is that we would now have the capability
to use the data. In the past, we have had the data there, but retrieving it is cumbersome. This
system provides access at the touch of a button, and more efficient use of Staff time. The
Computer Committee did address the issues of tapping into similar services from the County, but
the County does not have the staff time to devote to the City of Prior Lake's work. The issue of
additional Staff was included only to address that this software can do more than we intend to use
it for, and that should Council elect to pursue those avenues, we potentially may need more Staff
at some future date.
McDERMOTT: Added that within the scope of revising the Comprehensive Plan, we are paying
consultants to generate maps that we can't now create.
KANSlER: Stated that Planning gets many requests daily for specific property information from
citizens. This system would allow us to provide the information more quickly and accurately, and it
may not allow us to cut Staff, but it will allow Staff to do more in the long run.
MADER: Questioned the amount of Staff time invested in implementing and using/learning the
system.
KANSlER: In terms of time, Scott County has saved us a significant amount of time by collecting the
parcel data which is the biggest part of putting a system like this in place. With the aerial
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Council Meeting Minutes
February 1, 1999
photography, we have already purchased much of the information in a format we can use. There
will be a learning curve, but the Staff who will initially start using the equipment do have-some
experience with the software and its capabilities.
ILKKA: Recommended GIS because this system will allow us to put in place an infrastructure
management system (storm sewer, sanitary sewer, water, streets, ect.). The investment in our
infrastructure is probably in the hundreds of millions throughout the City. Although on the face of it
this is a large investment, when. you look at it in the context of the hundred of millions of dollars
you are trying to manage, the cost of GIS is justifiable and cost-effective. It will be a benefit in the
long run.
SCHENCK: Supports the upgraded technology. Asked Larry Dushek, MIS Coordinator, if Savage
has gone to a full-time GIS person.
DUSHEK: Clarified that an in-house person was converted to an exclusively GIS position. Also
advised that the applications of this system initially start in Engineering, but it will evolve as others
see what this tool can do. The program is complex and you need to work with it to be able to learn
its applications. Savage found they needed a specific person for GIS to be able to keep up with
everything it can do.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
The Council took a brief recess.
Consider Approval of Appointment to Lake Advisory Committee.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE REAPPOINTMENT OF DOUG
LARSON AND MARIANNE BREITBACH TO THE LAKE ADVISORY COMMITTEE AS
RECOMMENDED.
MADER: Addressed the issue of term limits and clarified that the Council has formed a consensus
in a Workshop forum, but has not taken formal action in its bylaws.
AMENDED MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE DOUG LARSON
AND MARIANNE BREITBACH TO THE LAKE ADVISORY COMMITTEE CONSISTENT WITH
THE CITY COUNCIL BYLAWS FOR TWO-YEAR TERMS EXPIRING OCTOBER 31,2000.
VOTE: Ayes by Mader, Petersen, and Schenck, the motion carried.
Consider Approval of Purchase Agreement for 38.4 Acre parcel of Busse Property.
MOTION BY PETERSEN, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-XX
AUTHORIZING THE PURCHASE AGREEMENT FOR 38.4 ACRES OF THE BUSSE PROPERTY
FOR ATHLETIC PLAYFIELDS.
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February 1, 1999
HOKENESS: Reviewed the agenda item and stated that from an access and conve.nience
standpoint, this property is ideally located adjacent to the Ponds Athletic playfield. Both the'sellers
and the neighbors are excited about the development of this property as a park.
MADER: Questioned the costs for land acquisition and asked the original referendum amount.
HOKENESS: Clarified that out of $2.5 million, $1 million would go to land acquisition for 80-100
acres, and $1.5 million to development.
MADER: Asked what are we giving up cost-wise by getting two parcels versus one.
HOKENESS: We will be giving up something with respect to costs because we will need to duplicate
things like grading, seeding, irrigation, etc. We would rather have an 80-100 acre parcel, but the
fact is that one parcel is not an option. First and foremost is to buy the land, full development
(lighting, concessions, bathrooms, etc.) might have to wait because of the duplication. If we can
get the fields, fencing and parking lots in, the citizens will be happy and the funds for further
development may have to come from tournament revenues, donations, future Capital expenditure,
etc. The Parks Advisory Committee also has considered that keeping youth activities and adult
activities at separate sites may be beneficial, which makes two parcels an attractive option.
MADER: Questioned paying $625,000 for this parcel and having a shortfall when it comes to the
acquisition of the remaining 40-50 acres needed for athletic fields. Were there discussions with the
Busse's about $15,000 per acre?
HOKENESS: That was a very preliminary conversation when the City first addressed the issue of
acquiring the property, not a written quote. After talking to some realtors and developers, Mr.
Busse found the land was worth a lot more. Our negotiations really began at that point.
MADER: Clarified that this parcel is in Spring Lake Township and questioned if the Mendens were
told the City did not wish to buy land outside the City limits and why are we doing it here? Also
questioned if our police would have enforcement authority.
HOKENESS: Half of the Menden property was outside the City limits. Did not recall that the
Mendens were told that, but it may have been that they were told the City would rather buy land
within the City. The City has looked all over for land, both Credit River and Spring Lake Townships.
Will check with the Police Chief as to the enforcement issues.
MADER: Asked if the City has discussed the acquisition with Spring Lake Township, and whether
annexation is anticipated? Are water and sewer available to the site?
HOKENESS: Sewer and water are readily available to the site. Gene Berens (Spring Lake Township
representative) is very much in favor of the City being involved in this parcel, as well as other
Township parks. At no point has annexation been discussed.
MADER: Restated his concern that the entire Council be present. Also concerned about the price of
the property, where the next parcel will be coming from, and the acquisition of part of the Kop
property. When all is said and done, will the citizens get what they expected?
VOTE: Ayes by Petersen and Schenck, Nay by Mader, the motion carried.
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Council Meeting Minutes
February 1, 1999
OTHER BUSINESS:
Executive Session to Discuss Pending Litigation
MADER: Advised that the Council would be adjourning to Executive Session to discuss the Valley
Paving litigation and the S1. Michael's Church special assessment appeal.
Adjourned to Executive Session at 9:05pm.
The Regular Meeting resumed at 9:30pm.
MOTION BY SCHENCK, SECOND BY PETERSEN, AUTHORIZING THE CITY ATTORNEY TO
PROCEED WITH THE FULL AND FINAL SETTLEMENT OF THE VALLEY PAVING LITIGATION
FOR $10,000.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
MOTION BY SCHENCK, SECOND BY PETERSEN, THAT THE COUNCIL CONSIDERED THE
OFFER OF ST. MICHAEL'S CHURCH AND AUTHORIZED THE CITY ATTORNEY TO PROCEED
WITH SETTLEMENT NEGOTIATIONS AS DISCUSSED IN EXECUTIVE SESSION..
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
ANNOUNCEMENTS:
BOYLES: Asked for direction with respect to the lawful gambling ordinance regarding premise
permits. In an earlier telephone conversation with Council member Kedrowski it was discussed that
the desire was to limit premise permits to one per business place rather than per organization.
MADER, SCHENCK, PETERSEN and PACE: Confirmed that was correct.
BOYLES: Asked for direction with respect to appointing candidates for the Met Council Nominating
Committee, which makes recommendations to the Governor on who will serve on the Metropolitan
Council for the coming years.
MADER: Asked for clarification as to the time commitment and expressed his opinion that the City
should have a voice within the organization.
SCHENCK: Expressed an interest is serving on the Metropolitan Council, but subject to a
clarification of the time involved.
MOTION BY MADER, SECOND BY PETERSEN, TO AUTHORIZE THE CITY MANAGER TO
CLARIFY THE TIME COMMITMENTS INVOLVED AND TO FOLLOW-UP WITH
COUNCILMEMBERS AS TO THE APPOINTMENT.
VOTE: Ayes by Mader, Petersen and Schenck, the motion carried.
A motion to adjourn was made, seconded and accepted. The meeting adjourned at 9:37pm.
City Manager
Recording Secretary
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