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JOINT CITY COUNCIL / EDA WORKSHOP
ON DOWNTOWN REDEVELOPMENT 5:00 - 7:00 p.m.
PUBLIC FORUM - 7:00 p.m.
REGULAR COUNCIL MEETING
AGENDA
Date: May 15, 2000
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF MAY 1, 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 Fire Call Report
E) Consider Approval of Resolution DO-XX Authorizing Full and Final Payment to System
Control Services, Inc. for the Supervisory Control and Data Acquisition (SCADA)
System for the City's Water Distribution System.
F) Consider Approval of Resolution DO-XX Dissolving the Minnesota Police Recruitment
System (M.P.R.S.) and Authorizing Payment of Operating Expenses.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A) Presentation Regarding Comprehensive Lake Management Plan and Implementation
Schedule - (Rick Warner, Lake Advisory Committee Chair)
7. PUBLIC HEARINGS:
A) Continuation of Board of Review
8. OLD BUSINESS:
A) Consider Approval of Storm Water Alternatives for Proposed Conditional Use Permit
for a Multi-Family Dwelling for Affordable housing Solutions, Inc. on Property Located
in the Southeast Intersection of Tower and Toronto.
B) Consider Approval of Resolution DO-XX Authorizing WSB and Associates to Provide
Professional Engineering Services for Well and Pump House #6.
C) Consider Approval of Initiation of an Amendment to the Zoning Ordinance Allowing
Garages and Accessory Buildings in the Front Yard.
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D) Consider Approval of Resolution DO-XX Approving an Amendment to the
Comprehensive Plan Requested by Eagle Creek Villas, LLC for the Property
Described as Lots 2,3 and 4, Block 2, Holly Court (Case File #00-13).
9. NEW BUSINESS:
A) Consider Approval of Resolution DO-XX Approving Preliminary Plat to be Known as
Northwood Oaks Estates 2nd Addition.
B) Consider Approval of Report Outlining Process for Dealing with Senior Care Facilities
in the Zoning Ordinance.
C) Consider Approval of Resolution DO-XX Authorizing the Mayor and City Manager to
Execute a 3-Year Contract with Law Enforcement Labor Services Local 100.
D) Consider Approval of Resolution DO-XX Authorizing Acquisition of Computer Hardware
and Software.
E) Consider Approval of Prior Lake Lion's Club Proposal to Assist the City in Acquiring
and Installing a Band Shelter for the Outdoor Performing Arts T heater at L akefront
Park.
10. OTHER BUSINESS:
A) Executive Session to Discuss Pending Litigation and Current Labor Negotiations.
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
May 1, 2000
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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, Finance Director Teschner, Planning Director Rye, City Engineer
Osmundson, Park & Recreation Director Hokeness, Police Chief O'Rourke, Assistant City Manager
Walsh, and Recording Secretary Meyer.
APPROVAL OF AGENDA:
GUNDLACH: Proposed to add a discussion item regarding a proposed overlay or special use district for
assisted living facilities.
SCHENCK: Proposed to add a discussion regarding utilization of overflow parking fees for emergency
equipment acquisition for the Sheriff's Department Water Patrol and the Prior Lake Fire Department.
BOYLES: Proposed to remove Item 9E (Consider Approval of Resolution OO-XX Authorizing Execution
of a Three-Year Labor Agreement Betwee!n the City of Prior Lake and LELS Representing Police
Officers and Detectives) and to add an Executive Session with regard to labor negotiation strategy.
MOTION BY PETERSEN, SECOND BY SCHENCK TO APPROVE THE AGENDA AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
APPROVAL OF MINUTES FROM APRIL 17. 2000 REGULAR MEETING.
ERICSON: Proposed to replace all of Item 9B (Consider Approval of Resolution DO-XX Approving the
Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Property
Located in the Southeast Intersection of Tower Street and Toronto Avenue) with the verbatim
transcript.
MADER: Asked for several changes including, on page 2 second paragraph from the end the second
line should read "",the Transit Taxing District, and asked if the City...."; and on page 6, third paragraph
from the end second line should read "...approximately $10.823 million dollars, or a 55% overrun on
the park portion of the Referendum projects..,".
MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE APRIL 17, 2000 REGULAR
MEETING MINUTES AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
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CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of 1999 Code Enforcement Report.
(C) Consider Approval of 1999 Variance Report.
BOYLES: Briefly reviewed the Consent Agenda items.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE CONSENT AGENDA AS
PROPOSED,
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: NONE.
PRESENTATIONS:
Proclamation by Mayor Mader Declaring May 4, 2000 as National Day of Prayer in Prior Lake.
MADER: Read a proclamation proclaiming May 4, 2000 as National Day of Prayer in Prior Lake.
Status Report on US Post Office Facility Project - Tom Aggen
TOM AGGEN (Real Estate Specialist with Postal Service Facilities Office in Overland Park, Kansas):
Indicated that Postal Service representatives had been in discussion with City staff and briefly
discussed the issues on the project, including wetland permit, permit from U.S. Army Corp.of
Engineers, storm drainage issues, ring road improvements, easements vacations, and location of any
curb cuts onto Duluth Avenue. Also indicated that the Postal Service's purchase of the property was
subject to obtaining the necessary wetland permits.
BOB SORENSON: (Architect on the Post Office project): Discussed the site and its improvements in
connection with recent discussions with staff on storm water management and setback and zoning
ordinance compliance. Explained the details of the proposed building, including landscaping, garbage
pickup and truck traffic.
SCHENCK: Asked about the prospect that the federal government will fund any portion of the ring road
as part of development of the post office site.
AGGEN: Advised that it is very unlikely that the federal government would fund anything, but expect to
provide some significant contributions with respect to storm water issues,
BOYLES: Asked about the timeline and the proportionate square footage of retail versus workroom, as
well as the estimated useful life of a postal facility and the fate of the existing post office site.
AGGEN: Noted that the total building size is about 19,000 square feet, and within that space the
customer/lobby area would be about 3800 square feet, approx. 600 sq. ft. of office space, and the
workroom/driver's annex is approximately 11,500 sq. ft. The facilities are planned for ten years, but as
a practical matter last twenty, Advised that the existing post office site will be sold at a market rate
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once the new post facility is open. Further advised that land acquisition would take place this year, but
does not anticipate construction before May 2001, and completion within one year following.
MADER: Noted that the City realizes that there a significant issues with the area that will require some
close cooperation between the City and the Postal Service as well as the other property owners
affected within the area.
Status Report on Downtown Redevelopment Plan - Mark Koegler
KOEGLER: Briefly reviewed the plan development process to date, the current proposal for the
Downtown Redevelopment Plan, and the issues before the EDA, including traffic management,
preliminary funding issues. and the upcoming timeline. Noted that the next meeting is a joint effort by
the EDA and City Council scheduled for May 15th.
Mader: Noted that the Council had participated in a workshop discussion prior to the regular meeting,
PUBLIC HEARINGS:
Public Hearing to Conduct Board of Review
Mayor MADER opened the public hearing,
BOYLES: Introduced the agenda item and County Assessor Leroy Arnoldi.
ARNOLDI: Discussed the purpose of the hearing to review the market valuation of properties as of
January 2, 2000 for taxes payable 2001. Further discussed the process and responsibilities of the
County Assessor's office.
BRUCE JORGENSON: (Shady Beach; PID 25-0450120): Believes his home value is high compared to
other larger homes whose valuation is lower, Relatively speaking, his property value is skewed. Also
discussed that he had recently suffered $30,000 in cosmetic damage, and advised that an Assessor
was physically at his property within the last six months to appraise.
ARNOLDI: Suggested setting up a meeting with a Scott County assessor to review the comparables
mentioned and to review the damage to the home. The meeting was set for Monday, May 8, 2000 at
9am.
SCHENCK: Asked if in 1996 and 1998 that lakeshore properties were all visited by an assessor, and if
since there was an automatic trigger for re-evaluation based upon main body, low bay and dry bay
areas. Also asked how lakeshore owners who find out that the waterfront has been dedicated to the
public are affected.
ARNOLDI: Advised that every year the assessor's office visits 25% of the parcels in the district usually in
numerical order by plat number. Did not recall if all of the lakeshore was done in 1996. Advised that
evaluation is done on sales, and that the bulk of the lakeshore is appraised on a front footage rate, and
different parts of the Lake carry different front footage rates. Advised that with respect to the dedicated
right-of-way, what is recognized by the market (or the perception of the property) tends to drive the
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assessed value, unless the parameters of the dedicated plat are defined, Inadequacies are often not
recognized in a limited commodity market.
GUNDLACH: Without having any particular lot in mind, asked if a property sells at a price twice the
assessed value, how is that reconciled while still meeting the 90%-105%.
ARNOLDI: Explained that the values are based upon median sales or central tendency over a 12 month
period. Tax appraisals are different than independent fee appraisals in that respect.
MOTION BY SCHENCK, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING WITH THE
DIRECTION THAT THE ASSESSOR WILL BE BACK AT THE MAY 15, 2000 MEETING TO GIVE A
REPORT ON THE ONE PROPERTY IN QUESTION.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
City Manager Boyles noted that the public hearing closed at 8:30pm.
Informational Hearing to Consider Approval of Resolution OO-XX Approving 2001-2005 Capital
Improvement Program.
TESCHNER: Gave a brief overview of the intent of the 2001-2005 Capital Improvement Plan In
connection with the staff report and reviewed the proposed projects programmed for 2001.
MADER: Suggested that due to the magnitude of this item, work session(s) be scheduled, possibly by
department, so the Council can get a better overall understanding of the proposal.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO DEFER ACTION AND DIRECT STAFF TO
SCHEDULE WORK SESSIONS WITH EACH DEPARTMENT.
Vote: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
The Council took a brief recess.
OLD BUSINESS
Consider Approval of Initiation of an Amendment to the Zoning Ordinance Allowing Garages
and Accessory Buildings in Front Yards.
BOYLES: Provided a brief background of past Council direction for this item and solicited
Council member input on the proposed ordinance amendment.
MADER: Clarified that he understands the proposed changes would allow detached front yard garages
on any property that has an existing home, as well as any riparian lot, and replace of any detached
garage. Concerned that the only houses where attached garage criteria was imposed would be on new
construction. His perspective is that this language would widen the criteria more than initially intended.
His understanding was that there was an interest in eliminating detached garages except where there
was a specific criteria that would make it not practical. It appears this would allow building a detached
garage in front of virtually any home.
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KANSIER: Noted that the provisions provided were intended to give the Council a variety for discussion
purposes which could then be taken in whole or in part.
SCHENCK: Agreed that the language allows much too much latitude. Believes the front yard garages
should be allowed only in riparian lots due to the unique circumstances of those particular lots.
MADER: Suggested that it may be appropriate to also provide criteria where front yard garages are
allowed in certain circumstances like a steep grade.
KANSIER: Suggested the language in option 3 which restricts the provision to riparian lots. Also noted
that the language with regard to grade remains in the ordinance, and it wasn't staff's intention to
replace that particular language which deals primarily with a house that sits significantly above the
curb, which would allow a garage at curb level to avoid steep driveways.
PETERSEN: His concern was with regard to mostly riparian lots,
MADER: Noted that other properties affected could still be addressed through the variance process.
KANSIER: Agreed that most of the affected properties are probably on riparian lots that are older lots
that are long and narrow. Clarified that the direction is to focus on riparian lots, and those properties
that are affected by steep grades could be addressed through the variance process.
The Council reached a consensus directing staff to draft an amendment specific to riparian lots, with
the intent that non-riparian lots be addressed through the variance process.
Consider Approval of Resolution 00-35 Approving Plans and Specifications and Authorizing
Advertisement for Bids for Street Reconstruction for 2000 Improvement Projects (City Projects
#12-00 and #13-00)
OSMUNDSON: Reviewed the specifics for projects 12-00 and 13-00, estimated costs, staff
recommendation, and the bidding process and timeline.
MADER: Asked if the assessment committee would make a recommendation on the bid award or on the
assessments. Also asked if the property owners in the neighborhood are aware of the increase in the
project costs for project #12-00. Suggested meeting again with the property owners in the area after
receiving the bids and the City's information is more complete.
OSMUNDSON: Confirmed that the assessment committee would make a recommendation as to the
assessments. The residents in the area of project #12-00 are not aware of the increased costs for the
project. The intent is to receive the bids and meet with the assessment committee to determine
whether or not we should proceed with the assessments as propose, find a different or additional
funding mechanism, or consider other possible options.
SCHENCK: Asked when the original street was laid down for project #12-00.
McDERMOTT: The Oak Ridge area was done in 1975 and Shannon Trail in 1982.
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ERICSON: Asked City Engineer Osmundson about a sewer sleeve product he saw in a magazine and if
he would recommend that type of material.
OSMUNDSON: Advised that the product can be applied in situations where a sewer runs, for example,
through alleyways, because the sewer is very deep and not easily accessible. Although, most of the
City sewer is shallow, except in the Downtown area, and it is more economical to replace it.
SCHENCK: Asked why the City is not pursuing completing 150th Street.
OSMUNDSON: Noted that 150th Street is scheduled in the CIP for 2003 after the internal streets are
completed.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-35
APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS
FOR STREET RECONSTRUCTION FOR 2000 IMPROVEMENT PROJECTS.
Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried,
NEW BUSINESS:
Consider Approval of Ordinance 00-06 Approving a 60-Day Extension of the Moratorium on
Antenna Towers.
BOYLES: Gave a brief background regarding the Council's previous action in connection with the staff
report.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE ORDINANCE 00-06 EXTENDING
THE EXISTING MORATORIUM FOR A PERIOD OF 60 DAYS.
PACE: Advised that a draft ordinance has been completed and will now go to the Development Review
Committee.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Report on Potential Revisions to Outdoor Sales Ordinance Regarding
Downtown Area.
SCHENCK: Removed himself from the discussion in order to avoid any perceived conflict of interest.
RYE: Reviewed the current restrictions for outdoor sales in the Downtown area, and the proposed
revisions to the ordinance. Also noted the options available to the Council in regulating outdoor sales.
Noted that the item could also be referred to the Planning Commission to provide further study and a
recommendation.
MADER: Noted the background and the situation in which this item initially came before the Council, the
intent being that the Council did not want the Downtown area to become a flea market type
atmosphere. Recommended that that staff draft language that would restrict sales within the right-of-
way, and then proceed with the Planning Commission process.
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MOTION BY PETERSEN, SECOND BY GUNDLACH, TO DIRECT STAFF TO DRAFT LANGUAGE
THAT WOULD RESTRICT SALES ON SIDEWALKS OR WITHIN THE RIGHT-OF-WAY, AND THEN
PROCEED WITH THE PLANNING COMMISSION PROCESS,
PACE: Advised that the bylaws require the disclosure of the nature of any conflict. Councilmember
Schenck has immediate family that work in a Downtown business.
VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Council member Schenck
was not included in the vote.
Consider Approval of Report Regarding Natural Gas Franchising.
BOYLES: Reviewed the item in connection with the staff report, and solicited Council direction.
PETERSEN: Commented that if a process is not broken, there is no need for additional action.
GUNDLACH: Asked if the Council needs to take any action.
MADER: Noted that no action by the Council would be a denial of adding the NSP franchise. Believed
the staff recommendation was appropriate given that the citizens of Prior Lake would not receive any
benefit at this time.
There was no further action by the Council.
Consider Approval of Report Regulating "Jake Braking".
BOYLES: Advised the Council of the LMC recommendations with respect to enforcing jake braking
ordinances, and suggested that unless the Council wished to proceed with a public hearing to gain
more information, recommended that the City not proceed with any additional regulations. At present
the City's position is to reactively enforce MPCA noise standards.
MOTION BY MADER, SECOND BY GUNDLACH, THAT NO ACTION BE TAKEN ON THIS ITEM.
SCHENCK: Asked how the City manages the noise level in non-emergency situations. Advised that the
staff manages noise levels on the Lake, and asked if the implication is that management of noise along
TH13 is not important?
O'ROURKE: Discussed the other reasons, outside emergency purposes, where a jake brake might be
used. Advised that the police can continue to enforce noise standards in the same manner they do
when a car doesn't have a muffler, even though there is no decibel reading. Added that the patrol
officers did also spend a period of time monitoring the noise and volume of semi-trucks at Fish Point
Road and TH13, and found it was not a practical use of officer time, and would take away from time
needed to enforce speed limits. The implication is not that the noise levels aren't important. It is a
matter of prioritizing what is the more important public safety issue overall. Noise can still be
monitored, but signs indicating the City proactively manages noise levels on a regular basis are not
necessary .
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MADER: Noted that the Sheriff's office does not enforce noise on the Lake due to the restriction in
gaining accurate decibel readings.
PETERSEN: Noted that installation of any signs would imply active enforcement and put the City in a
position that may generate additional complaints for non-enforcement.
GUNDLACH: Advised jake brakes are very common as supplemental braking systems, and that he lives
along TH 13 and that he and his family have never really noticed a significant impact.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution DO-XX Authorizing Execution of a Three-Year Labor
Agreement Between the City of Prior Lake and LELS Representing Police Officers and
Detectives.
[This Item was removed from the agenda.]
OTHER BUSINESS I COUNCILMEMBER REPORTS:
Overlay Districts for Assisted Living Districts
RYE: Advised that Councilmember Gundlach had proposed that overlay or special use districts may be
a way to allow assisted living developments as a conditional use, or a use permitted with conditions.
Staff has determined that the change to the zoning ordinance is feasible. Noted the criteria that might
be included such as density, access-restricted sites, relationship to support facilities, relationship to
nearby land uses, and the extent of the application. Also commented that other uses could also be
included. Issues that would be considered are the level of density possible being different in
commercial districts such as Downtown, what criteria is necessary, and what range of senior housing
facilities could be included.
PACE: Noted that under the current zoning ordinance, an assisted living project can only exist under R-
4. With an overlay or special use district, an assisted living project could be an overlay or a conditional
use in all zoning districts that supported that type of density, including commercial. For commercial you
could make a determination as to the highest density, or assigned it the highest residential density.
GUNDLACH: Added that really the only exception might be the Downtown area, and added that the
important criteria would be that the district must related other uses in the area - such as medical or
retail, rather than in the middle of the industrial park.
MADER: It is important that it be noted that there is a need for senior housing in the community. The
point of Mike's proposal is to address that priority. Agrees with the idea of addressing the use within
the context of specific criteria. Suggested that there is not a need for a higher density in commercial
districts and that whatever the highest residential density that exists would be appropriate.
ERICSON: Agreed that there was no reason to increase the density.
PACE: Asked for direction with whether the ordinance should also address other similar life-cycle
facilities, such as 55-and-older housing, convalescent homes, etc.
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MADER: Suggested that for the ordinance to address full life-cycle housing would be appropriate,
because often times facilities are developed with different levels of care in mind.
GUNDLACH: Added that the intent of the proposal is that different senior or assisted care housing
developments could exist as long as they met the criteria, and would still fit in within the given
neighborhood. It would also eliminate the need to rezone the Downtown district in order to add such a
development.
MADER: If there was a need to limit something within the ordinance, suggested eliminating the market-
rate housing, targeting those developments instead with some unit of care or assistance, but would
prefer including such housing if possible to address both within the ordinance,
PACE: Recommended either an overlay or a conditional use permit be studied, rather than any PUD,
which was originally suggest. Added that the staff has been directed to look at possible eliminating the
whole concept of a PUD.
ERICSON: Emphasized that it is necessary to be careful rather than quick with the idea of putting a
comprehensive plan is place that can apply over a number of years,
RYE: Asked for clarification as to the process.
MADER: Suggested an outline to be reviewed by the Council before it goes through the Planning
Commission process.
The outline was targeted for Council review at its June 5th meeting.
Provide Funds for Floatable Backboards for Enforcement Issues on the Lake.
SCHENCK: Discussed the safety needs on the lake and the need for floatable backboards by the
Sheriff's Dept. and the City's Fire Department. Advised that the overflow parking at Sand Point collects
$10 for trailers, Suggested staff look into using the overflow parking funds to provide for the floatable
backboards.
MADER: Suggested directing staff to contact the Scott County sheriff's office to follow up on the need
for the equipment.
SCHENCK: Found that process acceptable, but that the City's ability to provide emergency responses
on the Lake also be included.
The Council adjourned to Executive Session to discuss pending labor negotiations.
The regular meeting resumed at 10:33p.m.
Executive Session to Discuss Status of LELS Labor Negotiations.
Mayor MADER advised that the Council had discussed with staff the status of current labor negotiations
with LELS, staff had been provided with direction and no formal action was necessary.
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Frank Boyles, City Manager
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