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7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: TUESDAY, February 22,2000
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
(Ms. Hansen's 1st Graders to Lead Council in Pledge of Allegiance)
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF FEBRUARY 7, 2000 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 Report
E) Consider Approval of Fire Call Report
F) Consider Approval of Refund of Application Fee and Status of the Vacation of Excess
Right-of-Way at Eagle Creek Avenue Adjacent to Lots 46 Through 55, Lakeside Park.
G) Consider Approval of Cigarette License for O'Malley's On Main.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A) Annual Report from Economic Development Authority - Bob Barsness
7. PUBLIC HEARINGS:
A) Public Hearing to Consider Approval of Business Assistance Policy.
B) Public Hearing to Consider Approval of Resolution DO-XX Upholding a Decision of the
Planning Commission Approving a Variance to the Required Side Yard Setback
Adjacent to a Residential District for the Construction 0 fan A ddition to the Existing
Keyland Homes Building in the C-5 Zoning District.
8. OLD BUSINESS:
A) Consider Approval of Review of the Conditional Use Permit for Gleason's Gymnastics
School on Property Located at 17001 Fish Point Road (Case File No. 98-163).
B) Consider Approval of Resolution OO-XX Approving an Environmental Assessment
Worksheet (EAW) Petition and Requiring an EAW be Completed Prior to a Decision
Regarding the Conditional Use Permit for Excavation of Sand and Gravel for Ryan
Contracting on Property Located in the Southeast Quarter Section of Section 22,
Township 115, Range 22 Located on McKenna Road.
022200
9. NEW BUSINESS:
A) Consider Approval of Resolution OO-XX Approving Addendum NO.1 to the Spring Lake
Township I City of Prior Lake Construction and Maintenance Agreement for Sanitary
Sewer and Water.
S) Consider Approval of Resolution OO-XX Approving the Parks Advisory Committee
Recommendation for the naming of Parks and Streets Within Parks in accordance with
City Policy.
C) Consider Approval of Resolution DO-XX Authorizing the Preparation of Plans and
Specifications for Trails and Playground Equipment as Identified in the 1999 and 2000
Capital Improvement Program.
D) Consider Approval of Resolution DO-XX Authorizing Expenditures for Miscellaneous
Park Capital Improvement Projects and Park Capital Equipment a s Identified in the
1999 and 2000 Capital Improvement Program.
E) Consider Approval of Recommendation for Appointments to Fill Vacancies on the
Planning Commission and Economic Development Authority.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
022200
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REGULAR COUNCIL MEETING MINUTES
February 7, 2000
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City
Manager Boyles, City Attorney Pace, Planning Director Rye, Planner Tovar, City Engineer
Osmundson, Assistant City Engineer McDermott, Assistant City Manager Walsh and Recording
Secretary Meyer.
APPROVAL OF AGENDA:
SCHENCK: Asked to include under Other Business a petition he received from some High School
students concerning the issue of a lighted crosswalk across Fish Point Road between the High School
and Hidden Oaks.
BOYLES: Revised the agenda to include as Item 10B Consider Approval of Settlement Agreement for
the Hentges Lawsuit and Authorizing the Mayor and City Manager to Execute same. Also added Item
10C Authorize the Mayor to Contact a Sportsman's Club Representative Regarding the Pending
Litigation.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. .
APPROVAL OF MINUTES FROM JANUARY 18, 2000 REGULAR MEETING.
BOYLES: Noted one revision to page 9 to show a unanimous vote to approve Resolution 00-09
approving the wetland replacement plan for Deerfield Development.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE JANUARY 18, 2000 REGULAR
MEETING MINUTES AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Massage Therapy License for Susan Stenson.
(C) Consider Approval of Resolution 00-11 Approving Prior Lake Lions Club Premise Permit for
Lawfu/ Gambling..
(D) Consider Approval of 1999 4th Quarter Investment Report.
(E) Consider Approval of 1999 Preliminary 4th Quarter Budget Report and Overview.
BOYLES: Briefly reviewed the consent agenda items.
16200 Eagle 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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City Council Meeting Minutes
February 7, 2000
MOTION BY PETERSEN, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS
(A) - (E).
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS:
Retirement Plaque Presentation to Verlyn Raaen after 24 Years of Service to the City.
On behalf of the City Council and City Staff, City Manager Boyles noted the development that Verlyn
had seen and participated in in his 24 years with the City. All of the City wishes Verlyn a long and
happy retirement.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of Report Regarding the Petition for Preparation of an Environmental
Assessment Worksheet for Ryan Contracting's Application for a Conditional Use Permit for
Gravel Excavation.
TOVAR: Reviewed the petition itself and the statute requirements and criteria for Council review of the
petition, the environmental and non-environmental issues raised by the petition, and the staff
recommendation for Council action. Further noted that the issues that should be. addre'ssed as part of
the Council's review of the EAW, are impacts on environmental issues only, even though impacts by
traffic, safety and infrastructure may be of concern. Non-environmental impacts can be addressed
through the conditions of the conditional use permit.
MADER: Asked if the Council has the option to deny the CUP without acting on the EAW issue?
fAcE: Noted that the interpretation is probably correct, but it is not possible to know the decision on the
CUP. If the Council would act on the CUP and it was adopted, it would have then failed to act on the
EAW petition. Believed the language enforced is that no final decision can be taken, even though the
material from the EQB states that no action to approve.
< MADER: Advised that, even so, a motion to deny the CUP would be an option. Pointed out that even at
the Planning Commission level, this has been a contentious issue. Further or clarification of the
notific~tion process for neighboring properties, as well as the, 120 d~y timeline fo a decision by. the
CouncIl. R~\.\ed--cJ d~li'id-((h-, ~f4e.J 1Lt ft4r'~01S~
TOVAR: Clarified that all neighboring property owners had been sent notices of the public hearing, and
that at this point the 60-day extension clock has stopped due to the EAW petition with 10 days
remaining. If action is taken to deny the EAW petition, the clock would start again and a decision would
be required from the Council by February 16th and there is no other City Council meeting before then.
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City Council Meeting Minutes
February 7, 2000
MADER: Believes that the petitioner has submitted facts that indicate there may be a potential for
environmental impact, and that the standard of the EQB is not that the petitioner must prove there is a
problem, but merely that there may be a problem. Pointed out that no factual determination has been
made to verify the statements in Ryan's application regarding future expansion of the 13 acre site,
truck trips per day, and other statements made in the Ryan petition.
TOVAR: Advised that the conditional use permit would be temporary and reviewed on an annual basis.
Also noted that any expansion of the project or violations of the conditions in the conditional use permit
could be addressed at the annual review.
MADER: Stated his further concerns specifically with the future realignment of McKenna Road and the
impacts on surrounding neighborhoods with respect to truck traffic. And that even if the hours of
operation are restricted, increasing the intensity of the truck traffic within that time period is likely. Also
addressed concerns about water quality and the questions raised in that regard that an EAW may
. answer. Clarified through staff that a portion of the gravel excavation area is within the well head
J. ~ assessment area, and noted that with the difficulty the City has had over the past three years getting
dJ,' ermission to drill a new well and the concern raised from correspondence received from Scott County
~ and the DNR's Division of Waters, it would be fair for the Council conclude that there is potential risk to
the water supply and that an EAW should be required. Further stated that whether the Council is.
W addressing the issue of an EAW or the CUP, he would have the same concerns and that it is the
Council's duty to protect the right for people to have enjoyable use of their property. Especially
concerned about the ordinance in place that allows gravel excavation projects anywhere in the City in
all zoning districts through a CUP process.
GUNDLACH: Asked about how the process would work with regard to an observation well on the site.
Also discussed the fact that the area sits directly above the Jordan aquifer and noted his concern about
the potential contamination of the water supply. .
RYE: Explained that the construction of the observation well is subject to the state well code and would
have to be done by a licensed driller. Ongoing monitoring would typically be done by contracting with
an environmental laboratory to do the sampling and testing.
TOVAR: Added that the condition in the conditional use permit also requires that monthly reports be
submitted from a certified laboratory.
BOYLES: Noted that the City is having some difficulty getting permission for a new well, but that the
issue is more of the aquifer we proposed to pump from.
GUNDLACH: Also received clarification from Ryan that the six trucks per hour estimate is based on an
annual figure, and that if the operation can only work six months out of the year, the true truck traffic
could be significantly more than six trucks per hour. With regard to noise issues, asked how the City
could enforce any condition with respect to hours of operation.
~: Explained that since the last Council meeting, staff has discussed the concern that enforcing
zoning ordinances with misdemeanor violations is unproductive. Also any type of injunctive relief can
be time-consuming and expensive. The result is that we came up with a conditional use permit
assurance agreement that would be a contract with a letter of credit to assure compliance with CUP
conditions. Staff concurs that the agreement would be incentive for the applicant to comply.
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City Council Meeting Minutes
February 7, 2000
TOVAR: Noted that correspondence was received from Ryan requesting the flexibility to operate within
normal construction hours. Discussed hours of operation for gravel excavations within neighboring
communities. The finding was that the hours of operation were very site specific, and that a presiding
factor in determining hours was the sites location relative to residential properties.
GUNDLACH: Also asked staff for clarification on the tree replacement policy. Further noted that the
Planning Commission was equally split on this decision and that the recommendation to approve was
due to one dissenting member being absent from the meeting.
TOVAR: Explained that a tree inventory was submitted as part of the application and applies to trees
there and removed from this point forward.
PETERSEN: Does not believe a gravel pit in the area makes the surrounding area unlivable, but is
concerned about the issues brought up by the Mayor. Believes a pit is an acceptable use for the area,
but that an environmental assessment worksheet is probably necessary.
SCHENCK: Asked about the timing and costs if the EAW petition were approved.
~: Advised that if the EAW is required, the clock stops again until the EAW is received in.
approximately 30 to 45 days. Then, upon review, the Council would be required to act on the CUP. The
cost of the EAW would be borne by Ryan Contracting at an estimated cost of $10,000. At this point, if
the EAW were denied, the clock would start and the Council would have 10 days to act on the CUP
request which would mean either tonight or at a special meeting.
SCHENCK: Noted that he his satisfied that the annual review of the CUP would provide sufficient review
that the conditions of the CUP are being met. Also asked about any potential use for water pumped
during the dewatering process, the clean-up conditions in the CUP, the overall anticipated length of the
project, the maintenance and-repair procedures for McKenna road, and the condition of the property at
the end of the excavation project.
OSMUNDSON: Advised that at this point we are not sure if any dewatering will be needed, and the need
to dewater could change over time, for example if we had continuous dry years.
MADER: Understands that the Council can direct certain issues to be reviewed as part of any EAW
requirement.
TOVAR: Explained that the conditional use permit addresses both dust control and clean-up of any
extra gravel due to spills or general transportation on County Road 42. The project is expected to
develop in four phases over a ten year period. However, no termination date is defined because the
use is an annual temporary conditional use. Further advised that the CUP is requiring a letter of credit
to assure that Ryan maintains and repairs McKenna Road. The City will review the condition of the
road both on-going and at the annual review. If the road is not properly maintained, the City can
perform the work and draw on the letter of credit. Also discussed the reclamation plan submitted by
Ryan, and advised that pit will be sloped 3-to-1 going from the outside edges to the bottom with an
elevation at the top of 868 feet at the bottom, and 890 towards the top. Any storm water will run down
and off the site to a sedimentation pond further down.
ERICSON: Supported the petition and believed due to the concerns raised that an EAW is the most
prudent action that would address those concerns.
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City Council Meeting Minutes
February 7, 2000
MADER: Repeated his concerns that the site is in a well head protection area whether the well is a City
well or any other well, and stated that it is obvious that if State agencies are imposing well head
protection in the area, it would be inappropriate of the Council to dismiss those concerns without
further investigation that an EAW would provide. Also discussed several statements received in
correspondence from R an Contractin that they will revise their initial application to include items such
'~ ~ as operating during nighttime hours, operation of a rock crushing machine, ect., and that Ryan may
~''6 seek legal action to ensure proper handling and compliance with the CUP application, as well as legal
~~ \ ~ action to recover lost revenues and/or costs incurred as a result of actions by the City. Believes that
,,~d the words are clear that there a threat of litigation and suggested the Council retire to executive
\~tV-'~ session to discuss with the City Attorney the City's potential liability.
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MOTION BY GUNDLACH, SECOND BY ERICSON, TO ADJOURN TO EXECUTIVE SESSION TO
DISCUSS THE THREAT OF LITIGATION INDICATED BY RYAN CONTRACTING IN ITS JANUARY
18, 2000 CORRESPONDENCE TO CITY MANAGER BOYLES.
SCHENCK: Disagreed that the letter implies a threat of litigation, and is merely a negotiation tactic.
Questioned if the letter was enough to move to a closed meeting and suggested moving on to approve
the EAW petition and not adjourn to executive session.
VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Schenck, the motion carried.
The Council adjourned to Executive Session.
LEEANN SCHUTZ (Prior Lake American): Made a formal objection to the Council's retirement to closed
session.
The Council returned from Executive Session at 9:20pm.
MADER: Reviewed the reason the Council retired to executive session and noted that it is appropriate
for the Council, when presented with a threat of litigation, to have the opportunity to hear from counsel
regarding what the implications and probability of litigation would be. Believed that the correspondence
implied an imminent threat. And stated that the Council has also taken into account the fact that
imposing additional costs of an EAW on the applicant is a disadvantage for them.
Councilmembers GUNDLACH, PETERSEN and ERICSON each noted that they felt strongly that, due to the
threat of litigation, complexity of the issue, and the concerns raised, they needed to discuss, in closed
consultation with counsel, the City's liability with respect to specific council action.
SCHENCK: Advised that he did not participate in the Executive Session.
Staff clarified the action required if the Council intended to approve the petition for an EAW.
MOTION BY PETERSEN, SECOND BY ERICSON TO DIRECT STAFF WITH TO PREPARE A
RESOLUTION WITH SPECIFIC FINDINGS OF FACT ~J.~O &.T.^FF TO ~~ THE EAW.
PETERSEN: Supports the motion due to the concerns raised by M~r in the earlier discussion.
GUNDLACH: Stated that due to the potential environmental impacts, supports the EAW requirement.
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City Council Meeting Minutes
February 7. 2000
ERICSON: Believed the Council's most prudent action due to the potential environmental issues raised,
is to require the EAW.
MADER: Also supported the motion.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
The Council took a brief recess.
Consider Approval of Status Report on 1999 Directives.
BOYLES: Briefly reviewed the 1999 status report and discussed the items remaining for completion.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE STATUS REPORT ON 1999
DIRECTIVES AS SUBMITTED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
NEW BUSINESS:
Consider Approval of Ordinance 00-04 Approving a Zone Change to the C-3 District on Property
Located at 4636 Colorado Street.
MADER: Noted that this particular property has been used for many years and was originally built for
that purpose, but for some reason ended up zoned residential. Staff is recommending the ordinance to
correct the previous designation.
MOTION BY SCHENCK, SECOND BY ERICSON TO APPROVE ORDINANCE 00-04 APPROVING A
ZONE CHANGE TO THE C-3 DISTRICT ON PROPERTY LOCATED AT 4636 COLORADO STREET.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Disposal of Surplus Equipment.
BOYLE~: Briefly reviewed the agenda item in connection with the staff report.
MOTION BY PETERSEN, SECOND BY GUNDLACH AUTHORIZING THE DISPOSAL OF SURPLUS
EQUIPMENT FOR $2450.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
OTHER BUSINESS / COUNCILMEMBER REPORTS:
Presentation Regarding Petition From High School Students Regarding Crosswalk - Pete
Schenck.
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February 22 COlUlCil Meeting
MINUTES CORRECTIONS
Page 2, -r to last paragraph, beginning with 31'1I sentence. Should read "Further stated that we had rec:eived
a letter noting that Mr. Berens, an adjacent property had not been notified. Requested clarification on the
I2O-day timeline for a Council decision. () w.~
Page 3, 3rd paragraph, 8* line should read "and the DNR's Division of Waters, and their specific requests
for an EA W, it would be fair -----".
Page 5, I sa paragraph, SU' line should read "correspoodence from Ryan Contracting that if an EA W is
required or the CUP is denied; they will revise------".
Page 5, delete the Editor's comments that were made after the Council's adjournment to closed session.
Page 5, last motion at the bottom of the page, should read "MOTION 'BY PETERSEN. SECOND BY
ERICSON TO DIRECT STAFF TO PREPARE A RESOLUTION WITH SPECIFIC FINDINGS OF
FACT FOR REQUIRING AN EAW".
Page 7, motion wtder Hentges shooldread ''MOTION BY PETERSEN, SECOND BY GUNDLACH TO
AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO THE SETTLEMENT
AGREEMENT AS DISCUSSED IN THE EXECUTIVE SESSION lHAT PRECEDED THE REGULAR
COUNCIL MEETING".
ITEM 8B (EA W) ADDmONAL FINDINGS
5 (I) Potential infiltration and contamination of ground water and/oc the aquifer due to stripping away of the
protective layer of clay and topsoil from the highly porous sand and gravel. :p-.....I\'X,W..I. ~&8II h.J.... ~
.....G81i RilrlRll~ ,.Meet 1M 8iJuiiIr fi\ib u...a.. BPI_ .....oc fuel ~
0') Potential infiltration of ground water by surface water borne contaminants such as calcium chloride (used
for dust control) and/or other objectionable materials.
(t)
Wes
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City Council Meeting Minutes
February 7 I 2000
SCHENCK: Noted that a petition was received from 250 high school students requesting that the City
research the potential of installing crosswalk lights across Fish Point Road between the High School
and Hidden Oaks middle school.
MOTION BY SCHENCK, SECOND BY ERICSON TO DIRECT STAFF TO REVIEW THE SITUATION
AS SOON AS POSSIBLE WITH A RECOMMENDATION WHETHER A LIGHTED CROSSWALK AT
THE SENIOR HIGH AT FISH POINT ROAD SHOULD BE INSTALLED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Hentges Litigation
MOTION BY PETERSEN, SECOND BY GUNDLACH TO AUTHORIZE THE MAYOR AND CITY
MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT AS PRESENTED IN THE [ARLlCR
EXECUTIVE SESSION.1H~T f~E CEDE 71i t. 12.<( ~lALAIt. ""( \:1'"r Nt, ~
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Sportsman's Club Litigation
The item was added to the agenda at the start of the meeting.
The City Attorney had since advised that no formal action is necessary.
Frank Boyles, City Manager;
A motion to adjourn was made and seconded. The meeting adjourned at g.
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