HomeMy WebLinkAbout0621 RegularREGULAR COUNCIL MEETING MINUTES
Date: June 21, 1999 (7:30pm)
CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader,
Councilmembers Kedrowski, Petersen and Wuellner, City Manager Boyles, City Attorney Pace,
Assistant City Manager Woodson and Planning Director Rye. Councilmember Schenck was
absent.
APPROVAL OFAGENDA:
KEDROWSKI: Suggested adding an item under Other Business that would include a follow-up to the
recently held joint meeting with the Watershed District.
BOYLES: Requested that Item 4C (Consider Approval of 1999-2000 Liquor License Renewals) be
moved from the Consent Agenda for discussion purposes, and that Item 8A (Consider Approval of
Ordinance 99-XX approving a Zone Change Request by D.R. Horton and Deerfield Development
for 168 Acres Located South of Fish Point Road and Wildemess Trail and East of The Ponds
Athletic Facility) and 8B (Consider Approval of Resolution 99-XX Authorizing the Award of Bids
and Execution of City's Standard Contract for the Purchase and Installation of Wooden Flooring for
the Library/Resource Center) be deferred to the July 6, 1999 meeting when a full Council would be
present.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE THE AGENDA AS
AMENDED.
MADER: Advised that a resident had requested to address the Council in the event that action on
the Horton rezoning application was deferred.
WUELLNER: Noted that a public hearing had previously been conducted in this matter and that
allowing further address of the Council may be inappropriate.
MADER: Believed that because the matter of removal is pending, the Bylaws of the Council allow
any Councilmember to call a resident to speak.
MARGI ATWOOD (16992 Crimson Court): Requested clarification as to why the Horton rezoning
application was being considered for removal from the agenda in this instance.
BOYLE$: Answered that at the last Council meeting with five members present, the Council took
action on a four-to-one vote to direct the staff to prepare an Ordinance approving the rezoning
application. Approval of a rezoning ordinance requires a super majority vote. Taking into
consideration the past action by the Council on this matter, and to avoid having to further draw out
the process, as would likely happen if this item was before the Council tonight, it seems the most
practical action would be to put the matter before a full Council at the July 6, 1999 meeting.
MADER: Commented that it is important that all Councilmembers be present to vote on critical
issues and that the same consideration should be given in all instances.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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Council Meeting Minutes
June 21. 1999
VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried.
CONSIDER APPROVAL OF JUNE 7. 1999 MEETING MINUTES:
PACE: Page 6, end of the last sentence, following "low-to-medium density", recalls stating that and
as long as the Council has a rational basis for its decision.
MADER: Page 14, first place that Mader speaks, delete ""'-v. w.,,,,~ ~' .... ~'-'- *~'.,,v,,, ..... ~_.* ~,v, ...... ~.v,,~- ,,..,~**~ ....... _~ ~,,.'~
mi~, and replace with (pr acquiring vehicles for the t_vpe of use for that particular vehicles
when the City could more effectively pay mileage to employees.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE
JUNE 7, 1999 MEETING AS AMENDED.
VOTE: Ayes by Mader, Kedrowski, Petersen and VVuellner, the motion carried.
CONSENT AGENDA:
A) Consider Approval of Invoices to be Paid.
B) Consider Approval of Treasurer's Report.
C) Consider Approval of 1999-2000 Liquor License Renewals. [Removed to Old Business]
D) Consider Approval of Refuse Hauler Permit Renewals for Buckingham Disposal, Dick's Sanitation, Prior
Lake Sanitation, Quality Waste Control, Shakopee Services and Wast Management-Savage.
E) Consider Approval of Resolution 99-64 Approving the Application for One-Day Off-Site Lawful Gambling
for the Prior Lake Lions Club.
KEDROWSKI: Stated that he is abstaining from Item 4E (Consider Approval of Resolution 99-64
Approving the Application for One-Day Off-Site Lawful Gambling for the Prior Lake Lions Club)
because he holds a license to sell gambling equipment and would not want any perception of
impropriety.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA
ITEMS A, B, D AND E, WITH COUNCILMEMBER KEDROWSKI ABSTAINING FROM ITEM E,
VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried.
ITEMS REMOVED FROM CONSENT AGENDA:
Consider Approval of 1999-2000 Liquor License Renewals.
BOYLES: Noted that there are three facilities receiving liquor licenses under this agenda item where
the applicants are lessees of property and the owners are not current on property taxes, which is
typically a precondition to receiving a liquor license. The Council may wish to grant the licenses
and direct staff to provide an update in 60 days indicating that the matter has been resolved.
PACE: Noted that further clarification is needed, because if the City grants a license, it is granted
and the Council cannot take other action in 60 days unless the license is granted with
contingencies.
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June 21. 1999
BOYLES; Clarified that the intent was simply to provide an update, but that the license holders
would not be in jeopardy and the licenses would not be conditional.
MADER: Suggested that if the license is granted, it stands alone and is separate from the
delinquent tax issue. If the property tax issue is not then connected to a license, and doesn't
impact the City financially, doesn't see a need for bringing the issue before the Council.
PACE: Clarified that property tax payment is attached to the issuance of liquor licenses because it
provides an incentive for owners to pay timely property taxes because it puts licenses at risk. In
this case, the renewals involve lessees.
Discussion occurred regarding the consequences of non-payment of property taxes by the owner
and the Council's action on a one-year liquor license.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE 1999-2000
LICENSE RENEWALS.
VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried.
LIQUOR
PRESENTATIONS:
Y2K Status Report
BOYLES: Briefly noted that the purpose of this item was to update the Council on the efforts by the
City with respect to the Year 2000 issues.
WOODSON: Gave an overview of the actions taken by the City to this point up to and including
fixing and testing of potential systems impacted, and advised the City is now considering
contingency planning which would address items such as no stoplights, no power, no phones. The
City does not anticipate any of those issues happening, but are preparing just in case. Discussed
the overall process including identifying and assessing City inventory and external organizations,
fixing and testing systems, and contingency planning, as well as the timeline for remaining items.
Advised that telephone companies anticipate the biggest problem for phone lines may be high
volume usage at midnight on December 31st. This is a community issue that involves businesses
and residences. Identified the things the City and County have done to communicate the potential
impacts to residents and businesses. Discussed the liability coverage offered by LMC with respect
to Y2K. Concluded that most of the issues that could arise involve emergency service responses
and fall within our existing emergency action plans.
MADER: Asked what are the worst things that could happen in the City that the City actually has
the ability to control or deal with when and if it happens.
WOODSON: The most critical are the City's ability to provide emergency service as well as the
ability to deliver water and sewer. The City controls its lift stations and mechanisms that monitor
that system.
KEDROWSKI: Suggested providing additional updates as the end of the year approaches to help
reassure the community. Asked what type of compliances the City has received from utility
companies, and if any problems are anticipated with delivery of sewer and water? Is the City's
Finance Department now Y2K compliant?
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June 21, 1999
WOODSON: The City has received correspondence from each of the utility companies indicating
that they are completing live testing and that they do not anticipate any abnormalities. Doug
Hartman, Public Works Supervisor has had extensive contact with the service providers for our lift
stations and monitoring equipment and have received written indication they are year 2000
compliant. The last step in making the Finance Department systems compliant is the utility billing
upgrade which is scheduled for completion by August.
KEDROWSKI: Have we coordinated emergency police services on the state and federal level? Will
the remaining contingency planning take place in the next 90 days?
WOODSON: The. contact with those agencies comes through the County. Rob Boe, who is the City's
emergency services coordinator, is in close contact with the County representative. The
communication between the federal, state and local levels has been very helpful because even
though cities are different, many have similar issues and more information is shared. A lot of the
contingency planning is completed, but the remainder will be fine tuned in coordination with the
County in the next 90 days.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of Ordinance 99-XX approving a Zone Change Request by D.R. Horton
and Deerfield Development for 168 Acres Located South of Fish Point Road and Wilderness
Trail and East of The Ponds Athletic Facility.
[THIS ITEM WAS DEFERRED FOR CONSIDERATION AT THE JULY 6, 1999 MEETING]
Consider Approval of Resolution 99-XX Authorizing the Award of Bids and Execution of
City's Standard Contract for the Purchase and Installation of Wooden Flooring for the
Library/Resource Center.
[THIS ITEM WA S DEFERRED FOR CONSIDERATION A T THE JUL Y 6, 1999 MEETING]
NEW BUSINESS:
Consider Approval of Resolution 99-65 Establishing July 19, 1999 as a Public Hearing Date
to Consider a Request by Triax Midwest Associates to Assign the Television Cable
Franchise Rights to Mediacom LLC.
MADER: Gave a brief history on the service issues with Triax Midwest.
BOYLES: Reviewed the rationale for requesting a public hearing in connection with the requested
assignment of Triax Midwest Associates to Mediacom LLC. Also discussed the timeline for
approval of assignment.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-65
ESTABLISHING JULY 19, 1999 AS A PUBLIC HEARING DATE TO CONSIDER A REQUEST BY
TRIAX MIDWEST ASSOCIATES TO ASSIGN THE CABLE TELEVISION FRANCHISE RIGHTS
TO MEDIACOM LLC, AND TO DIRECT STAFF TO PROVIDE NOTICE OF SAID PUBLIC
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June 21. 1999
HEARING TO THOSE SUBSCRIBERS WHO HAVE EXPRESSED CONCERN WITH THE CABLE
TELEVISION SERVICES IN THE PAST.
VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried.
OTHER BUSINESS:
Follow-Up to Meeting with Watershed District.
KEDROWSKI: Proposed that the City discuss setting up some sort of fund to use as funding for
waterproofing homes under the floodplain and/or granting loans for landscaping issues. Believes
the proposal warrants some discussion because land use seems to be the biggest issue with water
level, and the water level seems to be getting higher and higher. Thinks this would be a proactive
way of communicating the City's interest in dealing with the issue. Would like staff to research to
find if there are options or alternatives available.
WUELLNER: Does not have a problem looking at what the options are. Not sure whether the City
will have the means to devote what little resources it does have in this manner, but would be
willing to look at the options.
PETERSEN: Seniors who built in the floodplain many years ago won't have the resources to pay
back any loan the City could give them. Would rather see the City's limited funds go toward
improving the outlet.
MADER: His understanding was that the City has many interested parties working together to try to
develop a Comprehensive Lake Management Plan. Believes the Council should wait to hear a
recommendation from the Lake Advisory Committee before directing staff time to research
alternative initiatives.
KEDROWSKI: Appreciates the input, but further commented that his concern is that the City is not
going to raise or floodproof homes as part of its lake management plan. That part of the issue is
not going away. Really wanted to just start some dialogue on the other alternatives.
WUELLNER: Commented that it may be premature at this point, but agrees the City needs to be
proactive on the issue. By consensus, the Council agreed to wait to hear the Lake Advisory
Committees' recommendations.
Announcements
BOYLES: Announced that the no wake restriction had been lifted and thanked all those persons
affected by the restrictions for their forbearance and cooperation. Also advised that Lakefront Park
will be the site for the 4th of July fireworks launch at approx. 9:30pm.
MADER: Commented that in connection with the meeting of the City Council, Lake Advisory,
Watershed District and DNR, that there seems to be some misunderstanding regarding who has
control over the level of the lake. In reality, the City Council has little authority to manage the lake
level. We do have a role in coordinating and encouraging solutions, but the City is not the agency
that opens and closes the gates, or the level at which the lake is maintained.
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WUELLNER: Added that the City only has control over the regulation of the use of the surface of the
water both in the winter and the summer.
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