HomeMy WebLinkAboutAgenda & Minutes
REGULAR COUNCIL MEETING AGENDA
MAY 19, 2003
7:00pm
Fire Station No.1
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m.
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 MEETING MINUTES:
· May 5, 2003 Regular Meeting Minutes
· May 12, 2003 Special 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 Report
D) Consider Approval of Animal Warden Monthly Report
E) Consider Approval of a Resolution Approving Final Plat and Development Contract for
Wilds North 2nd Addition.
F) Consider Approval of a Resolution Amending the Creekside Estates CIC Plat.
G) Consider Approval of a Resolution Approving Acquisition of a Parcel from Charles and Joy
Schmaltz for the Ring Road and Authorizing the Mayor and City Manager to Execute all
Documents to Effectuate the Purchase.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS: NONE.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
8. PRESENTATIONS::
A} Presentation of Donation from Prior Lake Soccer Club.
B) Presentation on Prior Lake / Spring Lake Outlet Box and Channel Improvement Project (Paul
Nelson)
C) Presentation of New Prior Lake Web Site at www.citvofpriorlake.com (Renuka Christoph)
9. OLD BUSINESS::
A} Consider Approval of the County Assessor's Report from the May 5, 2003 Board of Appeals and
Equalization Hearing.
B) Consider Approval of Two Resolutions: (1) Accepting Bids and Awarding Contract for Street and
Utility Construction for the 2003 Improvement project #03-11; and (2) Authorizing McCombs Frank
Roos Associates, Inc. to Provide Construction Surveying for Project #03-11.
C) Consider Approval of Resolutions Approving Full and Final Payment for (1) 1999 Street
Reconstruction Project (Candy Cove); and (2) 2000 Street Reconstruction Project (Oakridge).
D) Consider Approval of Resolutions (1) Approving Plans and Specifications for the Ring Road Phase 3
(City ProjE?ct No. 02-06); and (2) Authorizing the Placement of No Parking Signs on the Ring Road
and CSAH 23.
E) Consider Approval of Resolutions Regarding the Commerce! Boudin ! Th 13 Intersection
Improvement Project (City Project No. 02-05): (1) Approving the Execution of a Cooperative
Agreement with the City of Savage; (2) Approving Plans and Specifications for the Project; (3)
Authorizing the Placement of No Parking Signs on Boudins Street and Commerce Avenue; and (4)
Approving a Hold Harmless to the State of Minnesota for a Variance from a State Aid Design
Standard.
F) Consider Approval of a Resolution Confirming City Council Action to Select the Lakefront Park Site
for the Police Station ! City Hall ! Community Center and Directing the Architect to Undertake
Additional Site Analysis to Refine the Project Cost Projections.
10.
A}
B)
NEW BUSINESS::
Consider Approval of a Resolution Approving a Preliminary Plat for Windsor Estates of Prior Lake.
Consider Approval of a Resolution Approving a Comprehensive Plan Amendment for Outlot I and J,
The Wilds, from CHG (Hospitality General Business) to RHD (Residential High Density).
C) Consider Approval of a Resolution Approving a Concept Plan for Stemmer Ridge.
D) Consider Approval of a Report Regarding the Scott County Association for Leadership and
Efficiency.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT'
OS 1 903
REGULAR COUNCIL MEETING MINUTES
May 5, 2003
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Councilmembers Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attomey Pace,
Community Development Director Rye, Planning Coordinator Kansier and Administrative Assistant Meyer. Mayor Haugen
was absent due to a business trip.
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.
No persons were present for the public forum.
APPROVAL OF AGENDA:
Blombera: Asked the Council to add an item to consider conducting a special meeting for Monday, May 12, 2003 to
consider award of bid for the operation of the dance program.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE THE APRIL 21, 2003 REGULAR MEETING MINUTES AS
SUBMITTED.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Massage Therapy License for Jodi Rae Christenson.
(C) Consider Approval of Resolution 03. 69 Accepting a Change Order for Improvements to the Tower Street Water
Tower.
(D) Consider Approval of Resolution 03.70 Approving the Common Interest Community Number 1097 (Meadowview
Townhomes) Thirteenth Supplemental CIC Plat.
(E) Consider Approval of Resolution 03.71 Approving the Agreement Between Scott County and the City of Prior Lake for
Dial-a-Ride Services.
(F) Consider Approval of Massage Therapy License for Mary Hauger.
BOYLES: Reviewed the ConsentAgenda items.
MOTION BY LEMAIR, SECOND BY BLOMBERG TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED.
VOTE: Ayes by Blomberg, Petersen, Zieska, and LeMair, the motion carried.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Council Meeting Minutes
DRAFT
May 5,2003
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PUBLIC HEARINGS:
Local Board of Appeal and Equalization Meeting. (Bpm)
Bovles: Reviewed the Board of Review process and introduced the County Assessor Leroy Arnoldi.
Lerov Arnoldi (Scott County Assessory: Reviewed the agenda item in connection with the staff report.
Acting Mayor Petersen declared the Public Hearing open.
John Titus (5331 Frost Point- PID 25-936-043-0): Owns the lot across the street and believes it is valued very high at
$40,000 considering that it is a non-buildable, non-riparian lot. Also noted that there is a large drainage and utility easement
across the property in favor of the City. The property basically acts as a drainage pond for Fish Point Park. Purchased the
property to add it to his existing property.
Arnoldi: Clarified that intent is to remove the existing structure and combine the lot with the one to the north.
Titus: Confirmed
Arnoldi: Believed it was worth further reviewing the status of this particular property. Advised that he would be in contact
with Mr. Titus to review the property.
Lvnn Qualm (14508 Wilds Parkway- PID 25-297-034-0): Noted that their property tax statement identified an increased
value for their property at 23% which seemed erroneous given that the value of new completed improvements were not
near of $14,000 valuation given.
Arnoldi: Introduced colleagues Brian Conners and Gary Nagel and asked them to comment on this specific instance.
Naael: Advised that he has worked with the homeowners on an on-going basis. He viewed the property and determined
that in order to prevent the process for continuing, the additional valuation was intended to
Qualm: Repeated that there just hasn't been $14,000 of work completed, and how that affected valuation was her question.
Arnoldi: Advised that there is some accumulation of value as time goes on. Whether or not the $14,000 of improvements
were completed, the question at issue is does the $528,000 valuation accurately reflect the value of the property. It is often
difficult to extract the actual dollar amount of actual improvements.
Ms. Qualm appeared satisfied with the answer and no further action was required.
Clarence Smith (6606 Rustic Road - PID 25-140-003-0): Noted that no improvement to the property had been made, but
that the value of the property has increase 11.6%. Asked if the fact that the lake has dried up in his area was considered.
Arnoldi: Advised that all riparian lots are not based on the same front footage amount and that the quality of the lakeshore
is considered. Further advised that the 11.6% increase cited by Mr. Smith is well in line with the overall increase in property
values in Prior Lake. No further action was required.
2
City Council Meeting Minutes
DRAFT
May 5, 2003
Zieska: Advised that his property located 1 block from County Road 42 has increased 23%.
Tom Chaklos (3161 - 14()1h Street): Advised that the County has taken much of his 40 acres for roadway and trailway, and
noted that the house has had no appreciable improvements. Concemed that the valuation of his property is largely affected
by comparing it with the 20 acres nearby that recently sold.
Arnoldi: Advised that like sales are considered.
Chaklos: Concerned with the recession and how his neighbors and other citizens will deal with larger tax rates.
Arnoldi: Agreed that the economy affects a homeowner's ability to pay, but that in Scott County, the value of property
continues to aggressively rise.
Matt Williams (16204 Lakeside Avenue Sf - PID 25-096-017-0): Advised that the property was purchased at a lesser
value than given on the tax statement. Advised that the intent is to make some improvements over the next several years.
Asked if the purchase price of the property is a determinant for its value.
Arnoldi: Typically when a property is purchased from a relative, it is considered an exceptional sale. Added that cost of
improvements does not necessarily equate to a similar increase in valuation. The owner does have the option to request an
assessor consider the property, but in this case the valuation is probably not the same as the amount you paid for it.
Jerry Hein (14934 Pixie Point Circle - PID 25-245-004-0): Discussed his 1 year old home and non-riparian lot. Explained
his frustration with the Pixie Point project, the delay in landscaping which is incomplete, and the incomplete interior.
Believed there was considerable discrepancy in the valuation given the state of the improvements under construction, the
unimproved landscaping, and the restrictive covenants across the property.
Arnoldi: Advised that the valuation could be further discussed outside the meeting and an additional inspection of the
property might be necessary.
Robert Reida (3071 Wood Duck Drive - PID 25-337-055-0): Advised that his property value has increase 13.5%. Asked
how valuations are determined and how that is relative to his 13.5% increase. The basement is unfinished, and concemed
that the higher end homes in the area are driving the average value for the area an significantly impacting his basic home.
Arnoldi: Commented that the sales in the area have driven the value of homes in Scott County overall, and in Prior Lake in
particular. The value reflects that the property is not considered as a lot on a golf course or a riparian lot. Explained that the
central tendency is for valuation to fall between 90-105% of market value. The 2003 tax statement more accurately reflects
the market value.
Naael: Advised that there was quite a bit of increase in lot value, and some improvements were also made. The 13.5%
increase is similar to the increases in the area.
Reida: Asked for a copy of the study Mr. Arnoldi referred to so that he can better understand how the median averages are
determined and applied.
Arnoldi: Advised that he would provide the study.
The Public Hearing was closed at 8:48pm.
3
City Council Meeting Minutes
DRAFT
May 5, 2003
Zieska: Asked if next year the County base number would be the limited market value that appears on the tax statement.
Arnoldi: Confirmed.
County Assessor Amoldi will be present at the May 19, 2003 meeting
to discuss his findings in reviewing the properties in question.
PRESENTATIONS
Presentation Accepting a $4000 Contribution from Prior Lake VFW to Fund an Improvement Project at Memorial
Park. (Merle MaHaney and Jim Cates, VFW)
Petersen: Reviewed the agenda item in connection with the staff report.
Merle MaHanev: Explained that the veteran's memorial portion of the park has deteriorated over the years, and the VFW in
connection with the City have agreed to a partnership to improve the memorial. The VFW and Ladies Auxilliary have raised
$4000 to contribute to the project.
Friedaes: Commented that the VFW has contributed to many park projects over the years and thanked the VFW for their
many contributions.
Bovles: On behalf of the City, thanked the VFW for their many contributions to the community on an on-going basis.
Zieska: Also added that not only does the VFW excel within the community, they are also well-respected with their peers.
Councilmember Zieska was honored to be present the past Saturday at the VFW's Loyalty Day. Commented that citizens
from all walks of life in Prior Lake owe the VFW a great deal of gratitude.
Blombera: Noted that the VFW contributes in many ways to preserving the small-town, hometown feel for Prior Lake.
Many, many people appreciate their efforts.
OLD BUSINESS:
Consider Approval of an Improvement Project to Veteran's Memorial Park Consisting of a Lighted Flag Pole and
Sign, Flower Bed, Sidewalk and Stairs to be Funded by a Contribution from the VFW.
Friedaes: Reviewed the agenda item in connection with the staff report.
Petersen: Asked if the project would be completed by Memorial Day.
Friedaes: Confirmed.
MOTION BY ZIESKA, SECOND BY BLOMBERG, ADOPTING RESOLUTION 03.72 AUTHORIZING AN IMPROVEMENT
PROJECT TO VETERAN'S MEMORIAL PARK CONSISTING OF A LIGHTED FLAG POLE AND SIGN, FLOWER BED,
SIDEWALK AND STAIRS TO BE FUNDED BY A CONTRIBUTION FROM THE VFW.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
4
City Council Meeting Minutes
DRAFT
May 5, 2003
Consider Approval of a Resolution Approving an Amendment to the Comprehensive Plan for 4.25 Acres of the
Deerlield Area.
Petersen: Advised that the Council had considered this item several times over the past month, noting that this item is in
response to specific direction by the Council and could have appeared on the consent agenda.
Councilmembers had no objection to waiving the presentation of the staff report.
MOTION BY BLOMBERG, SECOND BY LEMAIR, APPROVING RESOLUTION 03.73 AMENDING THE
COMPREHENSIVE PLAN FOR 4.25 ACRES OF THE DEERFIELD AREA.
VOTE: Ayes Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried.
NEW BUSINESS
Consider Approval of a Resolution Waiving Platting Requirements for the Subdivision of the Property Located at
Section 4, Township 114, Range 22 (Stemmer Property).
KANSIER: Reviewed the agenda item in connection with the staff report.
LeMair: Asked the timing for development of the property.
Kansier: Advised that the Council will consider a concept plan at its next meeting, and probably the preliminary plat in the
next several months.
MOTION BY LEMAIR, SECOND BY ZIESKA, APPROVING A RESOLUTION 03.68 WAIVING PLATTING
REQUIREMENTS FOR THE SUBDIVISION OF THE PROPERTY LOCATED AT SECTION 4, TOWNSHIP 114, RANGE 22
(Stemmer Property).
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Waiving Platting Requirements for the Subdivision of the Property Located at
Section 2, Township 114, Range 22 (Wells Fargo Property).
KANSIER: Reviewed the agenda item in connection with the staff report.
ZIESKA: Asked if this is primarily a housekeeping issue in the course of the City's purchase of its right-of-way for the ring
road.
Kansier: Confirmed and explained that in most cases the City would purchase an easement interest, but in this case the
City will actually acquire a fee interest in the property.
MOTION BY ZIESKA, SECOND BY BLOMBERG, APPROVING RESOLUTION 03.74 WAIVING PLATTING
REQUIREMENTS FOR THE SUBDIVISION OF THE PROPERTY LOCATED AT SECTION 2, TOWNSHIP 114, RANGE 22
(Wells Fargo Property).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zeiska and LeMair, the motion carried.
5
City Council Meeting Minutes
DRAFT
May 5, 2003
Consider Approval of a Resolution Approving the Preliminary Plat to be Known as The Wilds 6th Addition.
KANSIER: Reviewed the agenda item in connection with the staff report.
Lemair: Asked if there are wetlands on the property, and if the wetlands will be primarily disturbed or undisturbed.
Kansier: Explained the locations of the wetlands, noting that with the exception of one area, the wetlands will remain
primarily undisturbed. A wetland replacement plan is required.
Blomberfl: Clarified that the corrections to actual lot sizes will be made between preliminary and final plat.
Kansier: Confirmed.
MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.75 APPROVING THE PRELIMINARY
PLAT TO BE KNOWN AS THE WILDS 6TH ADDITION SUBJECT TO CONDITIONS.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Zoning Ordinance Amendment Relating to the Bluff Impact Zone and Bluff Setback.
KANSIER: Reviewed the agenda item in connection with the staff report explaining the proposed revisions to the ordinance.
Zieska: Concerned with the last proposed revision, understanding the intent, but believed the language is particularly.
Kansier: Did not believe the intent of the provision was to be unnecessarily limiting, and that the staff administration would
expect to take common sense needs into account. Did advise that the Council could amend the language as it deemed
appropriate.
Pace: Believed that some confusion may be created by relying on interpretation.
Zieska: Suggested that clarifying that the supporting walls cannot be more than 50% altered to the supporting members.
LeMair: Agreed with Councilmember Zieska's amendment and that being specific will prevent confusion down the line.
Blomberfl: Commented that she read the current language as appropriate, but accepted the proposed amendment.
Kansier: Explained that there may be a question as to 50% of what. Proposed additional language.
Zieska: Asked if there was an avenue for public review if the staff interpretation was not deemed to be equitable.
Kansier: Confirmed.
Slombera: Advised that she reads the current proposed language that bearing walls cannot be removed, but could be
changed.
Kansier: Suggested changing the word "changed" to "removed".
Petersen: Suggested that the Council take a recess to allow staff time to review the language.
6
City Council Meeting Minutes
DRAFT
May 5, 2003
The Council took a brief recess.
Kansier: Reviewed the revised language which was amended to add a statement of intent.
Zieska: Believed this addresses his concems.
Blombera: Added that staff and Planning Commission have very effectively addressed the issues in response to the public
need. This change seems appropriate.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 03-06 AMENDING 1104.303 AND 1104.304
THE BLUFF IMPACT ZONE AND BLUFF SETBACK.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Consider Calling a Special Meeting to Consider A ward of Bid for the Operation of the Prior Lake Dance Program.
BLOMBERG: Advised that in order to expedite the process for the person to be awarded the bid, would like the Council to call
a special meeting on May 12, 2003 beginning at 5pm prior to the other Council work session.
MOTION BY BLOMBERG, SECOND BY ZIESKA, CALLING A SPECIAL MEETING OF THE PRIOR LAKE CITY COUNCIL
AND DIRECTING STAFF TO NOTICE THE MEETING APPROPRIATELY.
VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried.
A motion to adjourn was ma e and seconded. The meeting adjourned at 8:15pm.
7
SPECIAL COUNCIL MEETING MINUTES
May 12, 2003 (Draft)
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen,
Zieska and LeMair, City Manager Boyles, Assistant City Manager Walsh, and Recording Secretary Meyer.
CONSENT AGENDA: NONE
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS: NONE.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of a Resolution Awarding Bid for the Operation of the Prior Lake Dance Program, and
Authorizing the Mayor and City Manager to Execute a Lease Agreement and Modified Version of the City's Standard
Contract as Prepared by the City Attorney.
Bovles: Reviewed the agenda item in connection with the staff report, comparing the bids received with the evaluation
criteria identified by the Council.
Blomberg: Confirmed the City Manager's recommendation given the additional information provided by Ms. Schulberg.
Believed that the subcommittee was very thorough in reviewing the business plan. Further assured that the committee was
very diligent in considering the interest of the public when reviewing the bids. Finds the bid acceptable.
Petersen: Supported the concept of having govemment look for better ways to provide services. Believed the business plan
submitted by Ms. Schulberg was thorough. Supported the recommendation of the subcommittee.
LeMair: Agreed with the comments of Councilmembers Blomberg and Petersen. Was impressed with the detail of the
business plan and the references provided. Believed awarding the operation of the program was most appropriate from
both an administrative and financial perspective.
Zieska: Believed that the Council established very strict criteria in order to assure that this action would meet the needs of
our community. Commented that the bid submitted not only meets the criteria, but exceeds them in many ways. The
subjective perspective must consider the ability to provide a seamless transition. Believed Dawn's involvement with the
program will help in assuring the transition is smooth. Excited about how privatizing the program can help it to move
forward.
Haugen: Believed this action is consistent with the 2020 Vision and Strategic Plan in being fiscally responsible to our
community. It makes better use of significant dollars and is consistent with the Governor's direction in light of the State
budget shortfall. The proposed action supports all the rationale he needs to support the recommendation.
MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE RESOLUTION 03.76 AWARD THE BID FOR THE
OPERATION OF THE DANCE PROGRAM TO DAWN SCHULBERG D/B/A PREMIERE DANCE ACADEMY, AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND MODIFIED VERSION
OF THE CITY'S STANDARD CONTRACT TO BE PREPARED BY THE CITY ATTORNEY.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Special City Council Meeting Minutes
DRAFT
May 12, 2003
LeMair: Further commented that when this proposal for privatization came to a head, it had the potential to be emotionally
volatile and very difficult. Complimented City Manager Boyles and his staff, as well as Dawn, on their professionalism and
not letting their emotions get in the way.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
NEW BUSINESS: NONE
OTHER BUSINESS I COUNCILMEMBER REPORTS
Zieska: Reminded Council members and viewers that the Fire Department will be hosting its Annual Spring Dance at the
Prior Lake VFW on Friday, May 16th beginning at 8pm.
Frank Boyles, City Manager
A motion to adjoum was made and seconded. The meeting adjourned at 5:30 pm.
2