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EDA MEETING 5:30 - 7:00 p.m.
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: May 18, 1998
1. CALL TO ORDER................................................................................7:30 p.m.
2. PLEDGE OF ALLEGIANCE:
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. April 20, 1998
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 April Building Permit Report.
B. Consider Approval of Animal Warden Monthly Report for April.
C. Consider Approval of Invoices to be Paid.
D. Consider Approval of Treasurer's Report.
E. Consider Approval of Fire Call Report for April
F. Consider Approval of Purchase of Two Five Ton Single Axle Trucks and
Appurtenant Equipment
G. Consider Approval of Ordinance 98-XX Amending Title Ten Chapter Two of the
Prior Lake City Code Relating to Dogs and Cats.
H. Consider Approval of Resolution 98-XX Approving Final Plat and Development
Contract for Harbor 8th Addition.
1. Consider Approval of Resolution 98-XX Approving an Amendment to the
Preliminary Agreement for Development Contract for the Park Nicollet Clinic.
1. Consider Approval of Resolution 98-XX Approving Change Order for Cable
Television Equipment Installation Contract. .
K. Consider Approval of Resolution 98-XX Approving the Final Plat and Development
Contract for W oodridge Estates 4th Addition.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PRESENTATIONS:
162~rEogle 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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8. PUBLIC HEARINGS:
A. Continuation of Board of Review Meeting.
9. OLD BUSINESS:
A. Consider Approval of Approval of Construction and Maintenance Agreement for
Sanitary Sewer and Water with Spring Lake Township
B. Consider Approval of Report Regarding Survey Requirements for Decks.
C. Consider Approval of Bids to Dispose of Surplus Fire Equipment.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX Setting Parking Restrictions for Balsam
Street, Sunrise Avenue, and Spruce Trail in the Vicinity of the DeWitte Avenue
Public Access.
B. Consider Approval of 1) Resolution 98-XX Adopting a Storm Water Trunk Fee and
Revising the Assessment Policy and the Public Works Design Manual to Eliminate
Pond Excavation and Pond Landscaping as Storm Water Drainage Improvement
Costs Eligible for Reimbursement from the Trunk Reserve Fund and : 2) Resolution
98-X Authorizing WSB and Associates Inc. to Prepare a Storm Water Trunk Fee
Justification Report.
C. Consider Approval of 1999 - 2003 Capital Improvement Program.
11. OTHER BUSINESS:
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
51898.DOC
REGULAR COUNCIL MEETING MINUTES
Date: May 4, 1998
1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were:
Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager
Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Director Rye,
Planning Coordinator Kansier, Parks and Recreation Director Hokeness, City Engineer
Ilkka, Building Official Hutchins, and Recording Secretary Oden.
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed
everyone to the meeting.
3. APPROVAL OF AGENDA:
· Councilmember Kedrowski asked that item 9E, Consider Approval of Developers
Agreementfor NBC Products, be moved to before the Board of Review.
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. April 20, 1998
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES
OF THE APRIL 20,1998 CITY COUNCIL MEETING.
· City Manager Boyles noted some changes to the minutes. On page 8, the 5th bullet should
read "City Attorney Pace said one consideration is that a late assessment hearing after the
project is complete would be more accurate since actual costs will be known." Page 15, the
7th bullet should read "City Attorney Pace said the contractor's attorney was not aware of
the provisions ofthe contract which required a separate document to allow for arbitration."
· Mayor Mader said on the first page under 4A it should read, "the agreement is effective
upon a signature by the Mayor and City Manager."
· Mayor Mader said the 8th bullet on page 3 in the second sentence should read 904 and 902.5
for high and low lake levels.
· Mayor Mader said the 5th bullet page 4 in the second line should read qualitative instead of
quantitative data.
MOTION BY PETERSEN SECOND BY SCHENCK TO APPROVE THE APRIL 20
MINUTES AS AMENDED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, abstention Wuellner, the
motion carried.
16200<liegle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215
AN EQUAL OPPORTUNITY EMPLOYER
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. Mayor Mader called the question on the original motion.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, abstention Wuellner, the
motion carried.
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 Appointment to Lake Advisory Committee (LAC) to fill
Vacancy.
C. Consider Approval of Resolution 98-56 Approving the Extension of the 60 Day
Recording Deadline for Filing the Final Plat of Red Oaks Second Addition from May
2, 1998 to June 2, 1998.
D. Consider Approval of Refuse Hauling Permit for New Earth Services Inc.
E. Consider Approval of Ordinance 98-08 Amending Title 8, Chapter 1, Section 3-3 of
the Prior Lake City Code Relating to Hours of Refuse Collection.
F. Consider Approval of Resolution 98-60 Approving Plans and Specifications for
Trails, Parking Lots, and Roadways at Memorial and Ponds Parks and Authorizing
the Solicitation of Bids.
G. Consider Approval of Resolution 98-61 Approving Re-roofing the South Addition of
City Hall and Replacing Existing Roof.
6. ITEMS REMOVED FROM CONSENT AGENDA:
. Mayor Mader removed item 5B Consider Approval of Appointment to Lake Advisory
Committee (LAC) to fill Vacancy from the consent agenda.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE CONSENT
AGENDA ITEMS 5A THROUGH 5G EXCEPT 5B.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
. Mayor Mader said since the Lake Advisory Committee interviews had been completed he
had heard from more interested parties, who missed the deadline for application. He said the
Council should give consideration to anyone who would be interested.
MOTION BY MADER SECOND BY PETERSEN TO DEFER APPOINTMENT TO
LAKE ADVISORY COMMITTEE AND INTERVIEW MORE APPLICANTS.
. Councilmember Kedrowski said the Council has not done this as past practice. It would set a
poor precedent.
5498.DOC 2
. Councilmember Wuellner concurred.
· Mayor Mader said he had concern with the recommended appointment because the
individual is the owner of Prior Lake Marine. Four years ago when lake regulations were
considered, the applicant ran an ad opposing lake regulations. He said that was a business ad
and was run for business purposes. That represents a conflict of interest in a general sense.
He said with the lake traffic and growing usage anyone on the committee should be without
bias.
· Councilmember Kedrowski said there is no conflict of interest in terms of financial or
otherwise according to the law. The applicant has lived on the lake for the past 19 years.
Everyone on the committee has a vested interest in the lake. It is good to bring a diverse
group to the recommending body. The applicant is concerned about the lake as an amenity
and brings another point of view.
· Councilmember Wuellner said there was not sufficient grounds to circumvent the bylaw
prescribed appointment process.
· Councilmember Schenck said one of the reasons there are committees and commissions is
not so that they agree completely with the Council but so diverse opinions and perspectives
are provided. The process has always been followed and it would be dangerous to deviate
from it.
Upon a vote, ayes by Mader and Petersen, nays by Kedrowski, Schenck, and Wuellner, the
motion failed.
MOTION BY
APPOINTMENT
COMMITTEE.
SCHENCK SECOND BY WUELLNER
OF ROGER SODERSTROM TO THE
TO APPROVE THE
LAKE ADVISORY
Upon a vote, ayes by Kedrowski, Schenck, and Wuellner, nays Mader and Petersen, the
motion carried.
7. PRESENTATIONS:
A. Report on Prior Lake Youth Issues
.
Janet Hoffinan, Chemical Health and Violence Prevention Coordinator addressed the
Council. She informed the Council that there is a chemical health and violence prevention
task force in the school district. The job of the task force was to get the statistics out
regarding youth chemical health and violence. The commitment to the task force was for one
year only.
.
Councilmember Kedrowski asked if the primary focus of the task force was chemical and
violence prevention issues.
5498.DOC
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. Ms. Hoffman said yes.
· Councilmember Wuellner asked whether she was familiar with the 1997 statistics on Prior
Lake youth alcohol consumption?
· Ms. Hoffman said the study is done every two years, and she is aware Prior Lake is higher
than the norm. She mentioned the values creed adopted in 1993, which centers around
issues that young people deal with.
· Councilmember Wuellner asked whether there has ever been any quantitative data that the
DARE program helps?
· Ms. Hoffman said DARE as a prevention program is not solving the violence or drug
problem. However, it is helping and it helps in the relationship between kids and police
officers. Communities like the DARE program.
· Councilmember Schenck asked Ms. Hoffman what role she envisions the City playing?
· Ms. Hoffinan said there is already an advisory committee through the school district. Having
a City Council representative would help.
· Mayor Mader asked how many forums the advisory committee held?
· Ms. Hoffman said 5 with maybe 300 people at the first one and then 50- 80 at the rest.
· Mayor Mader said that indicates a high level of commitment and willingness to get
involved.
· Councilmember Kedrowski said he was thinking of a task force in terms of what does the
City do already that can provide something to help young people in terms of recreational
activities. A youth center has been considered, but there has been no direction. How would it
work? This dovetails into drug and violence prevention. Kids say they have nothing to do.
A task force could look at how the community can get involved in keeping kids active.
· Ms. Hoffman said the coffee shop in the library would be good. Kids like coffee shops. Can
the two task forces work together?
· Councilmember Kedrowski said there are different youth issues than drugs and violence.
Youth issues are law enforcement's biggest problem in Prior Lake.
· Councilmember Wuellner said it was discussed at the strategic plan meeting that the Council
needs to take a leadership position to look for resources and work with community and
various athletic groups, on youth related matters
S498 DOC 4
. Leeann Weyrauch of the School District addressed the Council. She said she was involved in
planning this last year and there is a lot of infonnation available. It would be a duplication to
set up a separate City Task Force. Look at the list of people that has been compiled. It
includes people from City Parks and Recreation, Community Ed, PLAY, etc.
. Councilmember Kedrowski said he never saw a report.
. Ms. Weyrauch said Councilmembers were all invited to the forum. She said she will send
the report.
. Councilmember Wuellner said the Council does not want to take over. They want to be part
of the solution.
. Mayor Mader said they will discuss the issue further as a Council.
. Ms. Hoffinan said she would leave the binder containing the information.
B. (9E) Consider Approval of Developers Agreementfor NBC Products.
. Consultant Roger Guenette of Advance Resources for Development said the Council
reviewed and approved this project in January when TIF District 2-6 was activated. Mr.
Shanks is trying to close on Wednesday this week to finance the 14,000 square foot
expansion. Delay has been caused because soil borings as part of the geo-technical work
showed soil correction was needed. The current soil capacity is inadequate for construction
of new development. It will need to be excavated and refilled. Geo-technical reports and bids
were provided to the City Engineer. The City Engineer verified the work was not typical of
anticipated site preparation. These costs are extraordinary to site preparation activities. The
EDA considered this item and recommended rebating up to 60% of documented soil
correction costs not to exceed $15,000. The total soil correction cost to the developer could
become more than $40,000. The bank will look at the cost and value of the project. He asked
that the Council approve the developers contract with the 60% and not to exceed $15,000 of
soil corrections cost.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE THE
DEVELOPERS AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND
ANTHONY SHANKS WITH THE PROVISION AS RECOMMENDED BY STAFF OF
UP TO $15,000 FOR SOIL CORRECTIONS.
.
Mayor Mader asked if soil correction was required on the other NBC project.
.
Consultant Guenette said there was soil correction issues on the original site included in the
original costs. There was $25-30,000 of correction on the original site which he was unaware
of until the geo-technical reports came back for this project.
.
Mayor Mader said shouldn't we have anticipated this when negotiating the agreement?
5498.DOC
5
.
· Consultant Guenette said there were only two sites with soil correction issues, Keyland and
Becker Arena Products. There were negotiations made in the initial agreement. He said he
did not know about the soil correction issue at the time. There was a similar allowance made
for EM Products, but soil correction was not required.
· Mayor Mader said in the staff report there is reference to the pro forma when the tax district
was extended. Does this change the proforma?
· Consultant Guenette said it would reduce the return to the City by $15,000.
· Mayor Mader asked how many years from the time the agreement is activated, does the city
recover the total costs ofthe agreement?
· Consultant Guenette said there would be about a $16,000 tax base per year associated with
the expansion. The City share is roughly 25%, or $4,000 with present value, so it would be
an additional 5-6 years before the City was reimbursed.
· Mayor Mader asked how many total years until the break even point?
· Consultant Guenette said as indicated in the pro forma each project will be self sustaining in
terms of reimbursement to the City within the 9 years of the tax increment district. With the
exception of the $15,000 the City will be reimbursed over the term of the tax increment
district.
· Mayor Mader asked whether with the $15,000 it will take about 14 years.
· Consultant Guenette said the tax district was operating since 1995 and the district will go
until 2005. So about 2009.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
8. PUBLIC HEARINGS:
A. (B) Board of Review
· City Manager Boyles introduced the item. Each year the Council acts as the Board of
Review. The question is whether valuations are appropriate as of January 2, 1998. Leroy
Arnoldi the County Assessor and his assistant Melvin Isser are here. The hearing is not
about taxation but about valuations as of January 2, 1998. Mr. Arnoldi will respond to
questions and provide the Council with a report on his findings. The continuation for the
Board of Review Hearing is May 18 at 8:00 p.m. At that time the Council will take action to
either affirm, reduce, or increase the proposed valuations.
· Mr. Arnoldi said the purpose is to discuss estimated market value real estate as of January 2,
1998. This will serve as a forum for anyone to testify as to why they believe their market
value should be something other than what it is. This is not meant as a tool to increase tax
revenue but to reflect current market value. Property is assessed at its current market value.
5498.DOC 6
There is a range which the Minnesota Department of Revenue has established which is 90-
105%. For example, if a property is sold at $100,000, it would be an acceptable assessment
if the market value was $90,000-$105,000. Sales analysis is done 12 months preceding the
assessment date. If there is a consistency of sales occurring and the ratios are out of window
of 90-1 05%, there is work to be done to place values in the window of acceptable range. The
issue tonight is not tax dollars. Tax dollars payable are a result of budgets that are set by the
County, the City, and the School. These budgets are set up for review in the fall of the year.
That happens after the Board of Review. An analogy is ifthere were a one house town with
a $100,000 value and there had to be a rate at which the tax district could operate, and the
tax district needed $1,000 to operate, the tax rate is 1%. The following year if the budget
was the same and the market value of the house doubled, the tax rate is .5%. The percent of
increase has been large on some properties. The question is whether the number on the
notice of valuation is a fair reflection of the current market value of that property. Real estate
value is not a set number. Over the last 12 months, there were over 1,000 sales analyzed in
Scott County, and 225 sales analyzed in Prior Lake. A median sales ratio is arrived at. The
assessors value is divided by selling price to find that ratio. He suggested people read the
hand out, "Why property taxes vary from year to year". He asked that residents who wished
to speak give their name and addresses and P.1.D. number.
.
Mary Newbour of 3160 Vale Circle addressed the Council. She said her estimated market
value has gone up $40,000 in four years. Her taxable market value has gone up $35,000. She
said she was being taxed out of Prior Lake.
.
Mr. Arnoldi said different statistical tools are used. It is considered when sales are analyzed
that expensive homes do not have any direct effect on individual property rates. It depends
on the sales ratio.
.
Ms. Newbour said this year it was $159,000. Last year it was $142,000. She has been there
seven years and paid $110,000 for it.
.
Mr. Arnoldi said Mr. Issler will contact her about reviewing her property.
.
Barb Lund of 5322 Frost Point Circle, PID# 250600020, addressed the Council. She said the
estimated market value of her land went up $36,000. She said they looked at the neighbor's
land and looked at 1998 taxes. Hers and neighbors lots are the smallest on Frost Point. Her
neighbor's was worth $400 more than hers on 1998 taxes. Now hers in 1999 is suddenly
going up $9,000 more than the neighbors. Lakefront property is $1,800 per square foot. She
said most estimated market values are going up to $180,000 just for the land. Hers will be
$9,000 less than those others on the point. They have more land and larger property. She
said she went to a couple areas. She found one with a 1998 value of $25,000 for land going
up to $30,000. There was one at $35,000 going to $45,000. If they are on the lake, why is
their property not very much. Most have been raised to $120,000, maybe $90,000. It is not
across the board.
.
Mr. Arnoldi said it was across the board. He suggested she be specific on comparable sales.
He said they would put together a synopsis of what she stated and report to the Council.
5498.DOC
7
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· Chiquita Iwert, PID# 250960220. She said they purchased their property 1 1/2 years ago and
their taxable market value for 1998 was $158,800. This year there was a $40,000 increase in
their value and it is the only one on the street that sold. They paid $220,000 for the property.
The market value was $158,800 a year after purchase. There are houses on the street for sale
for about $500,000 that have been on the market for a year or more.
· Mr. Arnoldi said if properties are found to be undervalued they have to be brought up to the
acceptable ratio of90-105%. Although the estimated market value has gone from $158,800
to $199,000, for taxes payable in 1999, there is a formula in place to pay on 25% of the
difference or 10% over the previous value.
· Ms. Iwert asked ifthey were trying to bring it close to the price paid for property?
· Mr. Arnoldi said it has to be within the window of 90-105%. The intent to assure that
properties are assessed in that window. The median ratio is the central tendency. The reason
the Department of Revenue suggests 95% median, this means 1/2 are above and 1/2 are
below. If the ratio was 100% that would mean 1/2 are above 100 and 1/2 are below. Prior
Lake will end up between 95 and 96% median. Any appraiser could do an independent fee
appraisal. There are 35,000 properties on a yearly basis. They do sales analysis and mass
ratio studies.
· Ms. Iwert said it sounds like the Realtors are setting the market value. You are looking at the
sales price. This is a market value meeting and not a tax meeting. But the two are linked.
They received 20% back on state taxes this year. Is this tax money being used in Prior Lake
and Scott County.
· Mr. Arnoldi said the real estate taxes stay in Scott County. Because of the surplus, there has
been a 20% rebate, applicable this year, then another 20% next year, there is a special refund
in effect for those whose property taxes have gone up more than 12%. There is an income
adjusted refund. There are a lot of refunds available.
· Jerry Miller 15563 Killman Avenue PID# 25035000. He said he was somewhat familiar
with real estate taxes. In the past his value has increased 5, 9, 11 % per year. All of a sudden
it is 28%. Are there special programs going on that there was such an increase?
· Mr. Arnoldi said any property with a change in classification would experience such an
increase. He said it is mandated by the department of revenue that they are at 90-105%. If it
is too large or to small at 108% or 80-85% of market value it will be adjusted. Agricultural
and residential have limited values. Commercial does not have a limited market value.
· Cheryl Spath-Karges PID# 251590010, would like to initiate the review process on the
assessed value. It went up $50,000 in one year. She said there were no new additions, no
new landscaping, and it was in a flood plain zone.
S498 DOC 8
. Mr. Arnoldi asked what the current valuation was.
· Ms. Spath-Karges said it was $321,900. It was purchased 6 years ago for $300,000.
· Mr. Arnoldi said the Council has heard the testimony. The assessors will report the findings
at the following meeting. If she disagrees she can appeal to the County Board.
· Mike Theis of 14982 Manitou Road, PID# 252440050 said he built his house two years ago
for $162,000. Last year it was valued at $169,000; now it is at $182,000. A house down the
street is selling for $259,000. Their tax base is $400 cheaper that his house.
. Mr. Arnoldi said he will check it out further.
· Dave LaPorte of 16264 Lakeside Avenue SE PID#250960110 addressed the Council. He
said he does not know if it is at market value or not. He is paying substantially more than
comparable homes. How are valuations put on individual homes in the area?
· Mr. Arnoldi said in every taxing district 25% of the homes were reviewed every year to
make certain that in a four year cycle 100% of the homes have been reviewed. There are
often tags hung on the door requesting an interior inspection, because it is the only fair way
to do an assessment.
· Mr. LaPorte said after 4 year cycle, comparable homes should be the same.
· Mr. Arnoldi suggested he contact Mel Issler to set up a meeting to get into specifics.
· No one else wished to address their valuation.
· The Board of Review was continued to May 18 at 8:00 p.m.
· Mayor Mader said he received from Wayne and Julie Baumgart a letter regarding their
assessment. He forwarded the letter to Mr. Arnoldi.
· Mayor Mader asked whether there were specific issues people in the audience wished to
speak to and those items could be moved up.
· Members ofthe audience indicated they were in attendance for items 8A, 9B, 9F, and 10B.
B. 8A) Consider Approval of Resolution 98-XX Approving Administrative Subdivision
and Resolution 98-XX Approving Administrative Subdivision and Resolution 98-XX
Approving Variances for Daniel Loftus on Property Located at 16430 Park Avenue.
.
City Manager Boyles said this was a public hearing for an administrative subdivision. The
public hearing was necessary because of the variances. The Council can act on it or refer it
S498.DOC
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back to the Planning Commission. There are two resolutions, one approvmg the
administrative subdivision and one approving the variances.
· Mayor Mader said they would take testimony from the public.
· Dan Loftus of 16430 Park Avenue SE said Planner Tovar put together a good analysis. For
the resolution 98-XX on page one, the first paragraph discusses First Addition of Lakeside
Estates and it should be Lakeside Park First Addition.
· Planning Director Rye said the legal description on survey reads First Addition Lakeside
Park.
· Councilmember Schenck said this change should also be noted in the now therefore
paragraph.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO CLOSE THE HEARING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried. .
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION
98-57 APPROVING THE ADMINISTRATIVE PLAT REQUEST AS AMENDED TO
READ FIRST ADDITION LAKESIDE PARKIN THE TWO AREAS ON THE
RESOLUTION.
· Mayor Mader said in the staff report there was no reference to Lot 2. In the resolution lot 2 is
included. The staff report indicates dividing lot four
· Planning Director Rye said the survey indicates 20 feet of lot 2 is combined with lot 3 .
· Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION
98-58 APPROVING A 15.19 FOOT VARIANCE TO PERMIT A 74.81 FOOT LOT
WIDTH AT FRONT YARD SETBACK RATHER THAN THE REQUIRED 90 FOOT
LOT WIDTH AND VARIANCE OF PERMITTED LOT AREA OF 13,434 SQUARE
FOOT RATHER THAN THE REQUIRED 15,000 SQUARE FOOT AND A 36.69 FOOT
VARIANCE TO PERMIT ORDINARY HIGH WATER MARK WIDTH OF 38.21 FEET
RATHER THAN THE REQUIRED 75 FEET FOR THE TWO LOTS TO CREATE THE
ADMINISTRATIVE PLAT.
· Mayor Mader added a friendly amendment to change the language in this resolution to read
Lakeside First Addition as well. He asked whether this substandard lot was where the
ordinance would allow 50 feet? Why is a variance required?
5498.DOC 10
. Planning Director Rye said combining the lots and creating a different parcel triggers the
need for the variance.
. Mayor Mader called question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
C. (9A) Consider Approval of Report On Street/Off Street Parking Near Grainwood
Park and Fishing Pier and Shady Beach Access.
.
City Manager Boyles introduced the item. There are a few options. One is to remove the no-
parking signs along W est Avenue. This will provide twelve additional spaces. During the
time the streets were developed, the residents indicate that the City claimed they would not
allow parking because the streets are narrow. Another option is to acquire land for parking or
move to a different street for parking.
.
Parks and Recreation Director Hokeness said regarding the parking near Grainwood, flyers
have been handed out. They were promised that there would not be any parking along West
Avenue when the street was constructed. A concern is that people would go through
residents' yards to gain access to the pier. Those that live around there enjoy it. They do not
want parking on the narrow streets. It has posed a problem in the past.
.
Councilmember Wuellner said they did reconstruct the area. It is a much nicer area, and now
there is not adequate parking for the resource.
.
Councilmember Petersen said if we don't have the $75,000 or $100,000 to build a parking
lot we should not do anything.
.
Councilmember Kedrowski said he agreed with both Wuellner and Petersen. The resource is
there. There is not money in the budget for a parking lot.
.
Parks and Recreation Director Hokeness said if he gets a lot of calls on the lack of parking
he will get back to the Council. Besides the budget, there is not any land there to buy.
.
Councilmember Schenck asked if the reason they can't move the Pier to the cove at
Lakefront Park was due to DNR obj ections?
.
Parks and Recreation Director Hokeness said there is a fishing pier at Sand Point. The DNR
wanted a pier on the upper end of the smaller lake. There was no public property on the
upper end. That was as close as it could come. He said he can talk further with the DNR.
.
Councilmember Schenck asked why put a pier in that is not accessible to the public at large.
.
Parks and Recreation Director Hokeness said it was accessible until the Council put ''No
Parking" on the CSAH 21 service road south of the bridge last year.
5498.DOC
11
I
I
· Councilmember Kedrowski asked whether there were matching funds or anything available
from the DNR.
· Parks and Recreation Director Hokeness said no. That is a $20,000 fishing pier which they
put in, and we put the paths in and improved the park. The DNR said if they were going to
spend money for a parking lot they would do it on Dewitt Avenue.
· Mayor Mader said last year they passed a resolution to install no - parking signs and provide
a parking lot. He said they do not have funds. He said they should address the resolution if
they are not going to provide the parking lot.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO TAKE NO ACTION AND
STAFF SHOULD MONITOR THE ISSUE AND BRING IT BACK TO THE COUNCIL IF
IT BECOMES A PROBLEM.
· Councilmember Schenck said he would like to propose a friendly amendment that staff
explore with the DNR the possibility of moving the dock to Lakefront.
· Councilmember Wuellner said he hoped this would be used as a learning tool, since the
City spent thousands of dollars to develop a resource that is useable by people who can't just
walk there.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
· City Manager Boyles said Shady Beach Access was closed because of concerns raised by
residents in the immediate vicinity as well as issues having to do with ownership of the
access. Council recommended staff look into another access during the winter. Fishermen
are concerned with the grade on the Sandpoint Access for removing fish houses. Shady
Beach Access works better because of its flat terrain. In reviewing this matter the staff has
two options. Option 1 is to simply keep the Shady Beach access closed and direct that Sand
Point Beach be used. Option 2 is to provide for the use of Shady Beach Access during the
beginning and end of the fishing season or just during the end.
· Scott Donaldson from the east side of Beach Lane addressed the Council. He said he has not
heard discussion from the staff with discussion as to using Sand Point. Is there a finding that
Sand Point is not useable? Second, the Council decision on December 15th, 1997 was to
close Shady Beach access.
· Mayor Mader said the motion passed on December 15 was to close the access between 10
p.m. and 6 a.m. as a short term solution for one season.
· Mr. Donaldson said he did not agree with the minutes that Mayor Mader was reading from.
He said the action was to adopt the findings of the Lake Advisory Committee and as a short
term solution close Shady Beach and long term look for another access. Revisiting Shady
Beach access as a long term solution was not part of the action.
5498.DOC 12
· Mayor Mader said he was reading from the approved minutes.
· Parks and Recreation Director Hokeness said the Lake Advisory and Park Advisory
committees have looked at the issue. The Park Advisory Committee does not want to make
any major modifications to Sand Point Park. Because of the severity of the slope at Sand
Point, they would like to open Shady Beach one week at the beginning and one week at the
end of the season. The other issue is during the summer months they do not want the gates
locked. If it is city property, people cannot launch their boats from it.
· Mayor Mader said the resolution included action for one season and having a long term
solution considered. Council should bring this to closure.
MOTION BY WUELLNER SECOND BY SCHENCK TO AUTHORIZE USE OF THE
SHADY BEACH ACCESS ONE WEEK AT THE BEGINNING AND ONE WEEK AT
THE END OF THE FISHING SEASON.
.
Bryan Lompart of 14223 Shady Beach Trail addressed the Council. He said the access i~
shut in the winter, so people park on adjacent streets and go through people's yards. Council
needs to do something about parking on Shady Beach Trail.
.
John Bradley of 14901 Bayview Circle addressed the Council. He built his house on that
property because of the access. They have had a lot of trouble with the access in the winter
with inconsiderate fishermen coming off the lake at odd hours of the night and getting stuck.
They also use the access in the summertime for launching boats and in the winter for
snowmobile access.
.
Tom Moore of 5651 Woodside Road addressed the Council. He said there is no
consideration given to the Prior Lake Sportsman's Club, which he said has an easement over
the access. The problems on the access are law enforcement problems that can be dealt with
by the sheriff. It should be left open.
.
Bill Zekkof of 14722 Louisiana addressed the Council. He said Sportsmen's Club has rights
to the access according to their attorney. It should be kept open.
.
Mayor Mader said the City has clear title to the property according to the City Attorney.
.
Councilmember Wuellner said it would be a bad idea to close it forever. Restricting it is a
better option. The problem with opening it at the beginning of the season is the beginning is
ambiguous.
.
City Manager Boyles said maybe the end of the season only would be better since it is
defined as February 28. They have provided egress one week per year. The Council may
want to incorporate no parking on side streets as part of their direction to staff
5498.DOC
13
-'''' """"."'''''.''-''''--''--''''''-'''---''''''''''''-'T'' T'
· Councilmember Schenck mentioned the no-parking around access ordinance which
stipulated that there should be no parking within 2500 feet of Public Accesses. That would
apply to Bayview Circle, Innview Road and perhaps Orchard Circle.
· Parks and Recreation Director Hokeness said there could be seasonal parking restrictions.
· Mayor Mader said the resolution was too open ended. A suggestion was made to create a
task force with the Sportsmans Club.
· Councilmember Kedrowski suggested a task force to consider the possibility of charging for
access.
· Councilmember Schenck said they can't charge for access to a public body of water.
· Councilmember Kedrowski said they would be charging access to the road. Those with a
vested interest could have the opportunity to make it a workable solution.
· Councilmember Schenck recognized Scott Donaldson. He asked what he felt about one
week at the beginning and end of the season.
· Mr. Donaldson said he would prefer one week at the end of the season. There is one other
access at the end of Shady Beach which is 30 x 40 feet. It is almost level. It is currently
classified as a scenic overlook.
· Councilmember Schenck asked about the one week in the beginning as well.
· Mr. Donaldson said that would be acceptable.
· Councilmember Schenck said because of the way lake freezes, the City does not want to
commit to a certain time to open the gates.
· Councilmember Petersen said he will have a hard time with the week in the fall.
· Mayor Mader said he would recommend a task force of the advisory body committees,
Councilmembers and law enforcement officials.
· Parks and Recreation Director Hokeness said he has been trying to get the residents and
sportsmen's club together but has been unsuccessful.
· City Manager Boyles said there was a motion on table to open access at the beginning and
end of season.
Ayes by Wuellner and Schenck, nays by Mader, Kedrowski and Petersen, the motion failed.
· Councilmember Wuellner asked about the task force option and a date certain.
5498.DOC 14
MOTION BY KEDROWSKI SECOND BY PETERSEN TO HAVE THE MAYOR
SELECT A TASK FORCE WITH REPRESENTATIVES FROM THE SPORTSMEN'S
CLUB, RESIDENTS, LAKE ADVISORY COMMITTEE, COUNCILMEMBER, AND
LAW ENFORCEMENT REPRESENTATIVES AND CONSIDER THE COST OPTIONS
WITH A REPORT BY THE FIRST MEETING IN JULy.
Ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
9. OLD BUSINESS:
.
.
.
.
.
.
.
.
.
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5498.DOC
(9b) Consider Approval of a Petition for the Installation of Stop Signs on Blind Lake
Trail at the Intersection of Blind Lake Trail and Lexington Court/Wilderness Trail in
the Residential Development of Wilderness Ponds.
City Manager Boyles introduced the item. Based on data acquired, Engineering found this
intersection did not meet criteria for installation of a stop sign at this time. The Council can
look outside of the findings if it wishes. Staff recommends denying the petition and having
staff prepare a policy for future guidance. .
Mayor Mader asked if someone wanted to speak.
Steven Forsner of 5170 Lexington Court SE addressed the Council. He said it sounds like
stop signs aren't used other than as a way to control right of way at intersections. As
residents they are more concerned with general traffic flow and speed through the area. The
residents want to make the area safer.
Councilmember Schenck asked whether there were stop signs at Lexington and Wilderness
to cross Blind Lake?
Mr. Forsner said no. It is uncontrolled. It is the one main intersection in the development. It
is actually crossing the flow of traffic. There are no speed limit signs.
Mayor Mader said the speed limit by statute is 30 mph.
Mr. Forsner said there was a radar unit out.
Councilmember Wuellner said there was a similar situation at Pershing and Dunkirk.
Residents petitioned and obtained a stop sign. He said he would support it.
Councilmember Petersen said it is likely that mostly residents are using the road, because it
is not a through street.
Mr. Forsner said he lives on the corner of Lexington and Blind Lake. There is more of a
problem going down the hill when people pick up speed.
15
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.
· Councilmember Kedrowski said he rode with the Police Department. He said people blow
through the stop sign more than not. It can create a potential for accidents. Looking at the
issue of the subdivision, there are more opportunities for ingress and egress and less
problems with alternative access. When some studies have been done, police find 95% of
people causing the problem are the neighbors. He is in support of denying the stop sign.
· Mayor Mader said he agreed with the first half of the staff recommendation and disagreed
with the second half. He said he would not want to spend money on a consultant. In
reference to Minnesota Manual of Uniform Traffic Control Devices, that already represents
a reasonably defined policy.
. City Engineer Ilkka said it is.
· City Manager Boyles said Engineering should use the manual as a general guideline in the
future.
· Mayor Mader concurred. There is the issue of balancing safety to move traffic. He would be
inclined to take the recommendation of the engineering staff on this.
· City Manager Boyles asked whether there are other issues which need to be addressed.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO DENY INSTALLATION OF
A STOP SIGN AT BLIND LAKE TRAIL AND LEXINGTON COURT AND
WILDERNESS TRAIL.
· Councilmember Schenck said since this is a totally uncontrolled intersection, what is staffs
opinion on Lexington Court and Wilderness Trail.
· City Engineer Ilkka said none of the legs of the intersection would meet the criteria for a
stop sign. Potentially, a Yield sign may work. It is inconsistent with what has been done in
other neighborhoods.
· Councilmember Schenck asked whether installation of 30 mph signs could be done.
· City Engineer Ilkka said it may be appropriate as traffic heads into the residential
neighborhood.
. Mayor Mader called the question.
Ayes by Mader, Kedrowski, Petersen, and Schenck, nay Wuellner, the motion carried.
· Mayor Mader said if the residents continued to observe a problem they should communicate
with the City Manager.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO
PREP ARE A POLICY ON STOP SIGNS FOR A GUIDELINE FOR THE CITY
COUNCIL.
5498.DOC
16
. City Engineer Ilkka said he could survey metro communities and formulate
recommendations.
. City Attorney Pace said one thing to consider is the warrant system that is in place
represents a national effort for basic standards. Every municipality applies these as an initial
starting point. Then it is taken as a case by case situation, which speaks against developing it
further. Every situation is unique. It should be kept as a discretionary act of the Council.
. Councilmember Kedrowski should they evaluate using these guidelines and develop a policy
more specific to Prior Lake.
. City Attorney Pace said these criteria are applied and then it is brought to the Council. It is
not bad to have a set of standards as an initial place to start. It needs to remain a
discretionary act without rigidly applied standards. If rigidly applied standards are used and
uniqueness is not considered, then Council has difficulty exercising discretion.
. Councilmember Kedrowski withdrew the motion. Councilmember Schenck withdrew the
second.
(9F) Consider Approval of Request by Linden Circle Residents for City Participation
in Cost of Street Improvements
.
City Manager Boyles introduced the item. Linden Circle residents are requesting that their
road be improved with bituminous roadway. It is public property but has not been
maintained by the City. There has been discussion as to whether or not there is a need for an
agreement providing for private use of a public right of way and standards for construction
of the road. Staff recommends construction to minimally acceptable standards as approved
by the City Engineer. The City would provide 100-150 hours of engineering time to
complete the road. It would not involve City financing.
.
Dean Sutliff of 3162 Linden Circle addressed the Council. He asked for clarification on the
staff report. He asked about the question ofliability.
.
City Attorney Pace said the staff report questions whether residents would need to enter into
a private use of public property agreement. They could forgo this assuming the City
Engineer is satisfied with the road protecting public interest.
.
Mr. Sutliff asked why the road will remain substandard. The City has perpetuated the 20 foot
right of way by allowing variances. He said they don't expect a change in the width of the
road. The question is when the engineering aspect is dealt with, who contracts the job?
.
City Manager Boyles said if the City undertakes the improvement there would need to be a
special assessment because it would be done as a public improvement project. Those
projects are placed in the Capital Improvement Program. It is not in the 1998, or the 1999-
2003 program. He understood they wanted to move forward quickly and did not want to
5498.DOC
17
f
.
construct it to City standards because of the width, so the City will provide assistance but it
is the neighborhood's project.
· Mr. Sutliff said so the neighborhood contracts and gets bids for the road. Then the
neighborhood has the option of continuing based upon cost?
· City Engineer Ilkka said he had not intended to put a limit on the assistance. It was an
estimate. The neighborhood can make the decision on whether to proceed or not.
· Mr. Sutliff said they have received no public works services until this year. There are
several roads in Prior Lake with this hands-off policy. He said he assumed the engineer will
make recommendations as to parking.
· City Attorney Pace said there will be a permitting process.
· Mr. Sutliff said he assumed that was something the property owners will pay for. The City's
input will be approximately 150 hours of engineering time.
· City Engineer Ilkka said the cost is directly related to the standards imposed. There is a
minimum acceptable. If they award a contract approved by City, engineering would work
through the construction aspect as well.
· Mr. Sutliff asked how they would deal with the easement required on the entrance of Linden
Circle onto Northwood.
· City Engineer Ilkka said they will have to work it out.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO AUTHORIZE
CONSTRUCTION OF LINDEN CIRCLE TO MINIMALLY ACCEPTABLE
STANDARDS AS APPROVED BY THE CITY ENGINEER WITH CITY
PARTICIPATION IN THE FORM OF ENGINEERING STAFF TIME AND THE CITY
WOULD TAKE POSSESSION OF THE ROAD WHEN THE PROJECT IS COMPLETE.
.
City Attorney Pace said she assumes there are situations where standards that substandard
streets will be built to are analyzed on a case by case depending upon each situation. They
are not establishing a standard for substandard streets.
.
Councilmember Kedrowski said he concurred.
.
Mayor Mader asked if the geometry was such that a standard road could be built.
.
City Engineer Ilkka said not to the current City standard of 32 feet. The minimum street
width for maximum standards is 20 feet for substandard access.
.
Mayor Mader asked if20 feet represented a City standard for a narrow street?
.
City Engineer Ilkka said probably not.
5498.DOC
18
.
Mayor Mader said his neighborhood had a similar issue and were advised that there was a
provision in the City where they could qualify to have a narrow street if it were not a
through street.
.
City Engineer Ilkka said he did not have a problem with a 20 foot right of way, particularly
in areas where to get more right of way could cause extreme hardship to property owners.
The 20 foot street width in certain areas is recommended as a standard.
.
Mayor Mader said so he would support a street built to City standards but for the 20 foot
width.
.
City Engineer Ilkka said they could get into a 5 ton versus 7 ton roadway, clearance on the
side for snow storage, etc. There are more issues than the surface width.
.
Mayor Mader said the City Engineer said a right of way would be expensive. If neighbors
want a standard right of way, the right of way wouldn't be expensive unless neighbors
objected to giving up a piece of property.
.
City Engineer Ilkka said he did not expect the City to pay for easements or rights of way
acquisition.
.
Mayor Mader said he would not support the proposal. The Council should bring the road up
to standards. There are a bunch of unknowns like other resolutions the Council passed. The
City may spend money and if the neighborhood doesn't like the price, it was a waste of
engineering time. The idea of handing off a sort of private road is a terrible precedent.
.
Councilmember Kedrowski said the City created the problem by not allowing Linden Circle
to have improvements. The City has a public right of way through the property. The project
won't happen without the cooperation of all the property owners. It is in the best interest of
the City to pave it.
.
Mayor Mader said he didn't disagree. He said if there was a problem the developer should
have corrected it. It could be dealt with as a public improvement project. The neighbors
would pay 40%.
.
Councilmember Kedrowski said only if it was a road that was being reconstructed. They
would pay 100% because it would be a new road.
.
Mayor Mader said the Council could deviate from that.
.
City Manager Boyles said it is part of a special assessment policy.
.
City Attorney Pace said the agreement is attached to the staff report. However, the Council
should be aware that before this would proceed, they would need to be sure there was
adequate financing in place.
5498.DOC
19
t
.
· Mayor Mader asked whether it would be appropriate to abandon the property
· City Attorney Pace said the recommendation was against it because the City Code does not
provide for creation of private streets. Private streets are not allowed except in a PUD. If a
vacation was considered, it would need to be shown that there was no public use for the
property. It would be inconsistent with current policy.
· Councilmember Kedrowski said the issue is what is the City's responsibility in maintenance.
· City Attorney Pace said another alternative is developing a set of standards for previously
plotted streets that have not been developed that don't meet the criteria for today. A uniform
standard could be created to deal with petitions for improvement to make it a city project.
· Councilmember Wuellner said this was a creative solution to a perplexing problem.
· Mayor Mader said it may be creative but there are issues that have not been resolved. The
alternative may be more costly but has no risk to either party.
Upon a vote, ayes by Kedrowski, Petersen, Wuellner, and Schenck, nay Mader the motion
carried.
10B) Consider Approval of Resolution 98-59 Denying a Comprehensive Plan
Amendment and Zone Change Request by Stonewood Development for Property
Located at 4520 Tower Street.
· City Manager Boyles introduced the item. The Planning Commission has recommended
denial ofthe request for a zone change to R-3.
MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98-
59 DENYING A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE
REQUEST BY STONEWOOD DEVELOPMENT FOR PROPERTY LOCATED AT 4520
TOWER STREET.
· Jerry Gustafson of 6426 Timber Ridge Edina addressed the Council. He would like to
develop a three acre site with multifamily. If it were commercial, what commercial use
would it have? He thought the City wanted the whole back part of the Priordale property to
be R-3. He thought the R-3 upscale building proposed would not be controversial. When he
first looked at commercial, he thought a public storage facility would be good.
· Councilmember Kedrowski asked if he held neighborhood meetings.
· Mr. Gustafson said no because he did not think it was controversial.
· Councilmember Kedrowski asked ifthe R-3 were market-rate apartments.
· Mr. Gustafson said yes, and he considered making it a co-op where a mortgage would be
the same as rent with a small down payment. Renting would not be allowed. It would be all
5498.DOC 20
.
.
.
owner occupied. Some residents think it would cause devaluation of their homes. The main
thing is the unknown.
Jim Erickson of 4544 Pond View addressed the Council. He said he was opposed to the
change in zoning to R-3. He spoke at the public forum.
Pam Kraska of 4562 Pond View addressed the Council. She said she was opposed to any
kind of building in back of her home.
Councilmember Kedrowski said if they were building a mini storage does she think it would
affect property value?
.
Ms. Kraska said yes. She is in a wooded section near the early learning center. Prior Lake
has enough low income housing.
.
Councilmember Kedrowski said they are not proposing low income housing. The City is not
subsidizing it.
.
Ms. Kraska said she is not afraid of the unknown. She is afraid that property value will
decrease.
.
Councilmember Kedrowski asked what would work as a compromise.
.
Ms. Kraska said she would be willing to meet with developer.
.
Jim Gustin of 4532 Pond View Lane said they have met at neighborhood meetings. He
would like to see it resolved.
.
Councilmember Kedrowski asked his opinion of a mini storage.
.
Mr. Gustin said he would prefer it over apartments or condos.
.
Councilmember Kedrowski asked about the neighborhood meeting.
.
Mr. Gustin said they met after a Planning Commission meeting and everyone is opposed to
the zone change.
.
Councilmember Schenck said his reasons for opposing it is he can't go out and campaign
and say he is for business and then change to residential. Number 2 is the transportation
issue. The area does not have good road access.
.
Councilmember Wuellner said this is in the Comprehensive Plan. It would be premature to
develop it as residential. Also the traffic burden is a good point.
.
Councilmember Petersen said it should stay commercial.
5498.DOC
21
T
.
· Councilmember Kedrowski said there is an opportunity to put in some unusual uses adjacent
to a school. Did the school district comment?
· Planning Director Rye said there was no comment from the school district.
· Mayor Mader called the question
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
(7B) Status Report on Library, Lakefront Park, Neighborhood Park and Community
Park/Athletic Complex Projects.
· Parks and Recreation Director Hokeness reported on the status of the Library, Lakefront
Park, Neighborhood Park and Community Park / Athletic Complex Projects. He said they
will keep Council apprised of progress throughout the referendum projects. He showed the
floor plan of the library. A survey of Lakefront Park is being prepared. Old warming-houses
are being removed; the next step is plans and specifications for grading work. A concern fo~
next winter is the hockey rinks. They are restoring wetland and prairie. They are developing
a natural resource management plan.
· Mayor Mader said he had a suggestion from residents regarding a unisex bathroom in the
library for the handicapped.
· Parks and Recreation Director Hokeness said it has been brought up to the architect.
· Mayor Mader confirmed that the future acquisition offers would be brought to the Council
for approval.
· Parks and Recreation Director Hokeness said yes they would.
(9c) Consider Approval of Revisions to the Residential Street Lighting Policy to Address
Non-Standard Street Lighting Operation and Maintenance
· City Manager Boyles introduced the item, proposed revisions to the street lighting policy.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO ALLOW NON
STANDARDIZED STREET LIGHTS PROVIDED THEY DO NOT EXCEED THE COST
OF STANDARD LIGHTING.
.
Mayor Mader said is it practical to consider whether there would be a written agreement for
electric service? It sounds as though if non-standard lighting is installed there will be a
written agreement between the City, developer, and power company, and the power
company will maintain the non-standard light as standard.
5498.DOC
22
. City Engineer Ilkka said it would be a standard maintenance agreement.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
A. (9D) Consider Approval of Ordinance 98-07 Repealing Ordinance 92-09 which
Deleted Mineral Extraction as a Conditional Use in the A-I and C-l Districts.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE ORDINANCE
98-07 REPEALING ORDINANCE 92-09 WHICH DELETED MINERAL EXTRACTION
AS A CONDITIONAL USE IN THE A-I AND C-l DISTRICTS.
· Mayor Mader said he will not support it because it opens the door forever for gravel pits.
They have limited land available.
· Councilmember Schenck asked about the notification area.
· City Manager Boyles said it could be part of the ordinance amendment or dealt wit}:1.
separately.
· City Attorney Pace said it could be dealt with as part of the zoning ordinance.
Upon a vote, ayes by Kedrowski, Petersen, Schenck and Wuellner, nay Mader, the motion
carried.
10. NEW BUSINESS:
(10A)Consider Approval of Ordinance 98-09 Amending Title 11, Chapter 1 of the
Prior Lake City Code Regulating the Use of Traffic Signal Pre-Emption System.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 98-
09 AMENDING TITLE 11, CHAPTER 1 OF THE PRIOR LAKE CITY CODE
REGULATING THE USE OF TRAFFIC SIGNAL PRE-EMPTION SYSTEM.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
(10C) Consider Approval of Request by Deerfield Development to Extend Adelmann
Street, Sanitary Storm Sewer and Water to the Plat Boundary of Waterfront Passage
Business Park.
.
City Manager Boyles said the developer was requesting sewer and water extension at the
expense of the City for $76,072. One option is that the developer pay the cost of the
infrastructure, that is the Development Review Committee recommendation; another option
is cost sharing, or splitting the difference. A final option is that the City would pay the entire
amount. That is the recommendation of the Economic Development Authority. Those funds
5498.DOC
23
,
.
would have to be drawn from the trunk reserve and programmed in 1999 in the Capital
Improvement Program.
· Councilmember Kedrowski said he would prefer the cost sharing option. The sewer and
water was initially not extended to City limits because of the township. The City created the
problem. The bottom line is the developer is willing to privately develop commercial
industrial property.
· Councilmember Petersen said it sounds like the City should pay it all, but since they do not
have the funds, 50% is well on the way.
· Councilmember Wuellner asked whether the developer has expressed interest in option 2.
· City Manager Boyles said the developer requested the City pay the entire amount and in
exchange he would extend the utilities.
· Councilmember Wuellner said he agreed with the 50/50 split but would like to know how
the developer would respond.
· Councilmember Schenck agreed with the 50/50 split. He said it may be the responsibility of
the City but since the funds are not available, if the City paid for the entire project, the
project would be delayed which would have a negative impact on the developer. This is not
a viable solution.
· Councilmember Mader said the implication of the letter is the City has an obligation to pay
for the cost of sewer and water. He said he is assuming when the property was purchased the
person was aware where the sewer and water ended. The developer submitted an annexation
petition with the understanding that he could get sewer and water through the business park.
The annexation was rushed through the Council without the benefit of public hearings. He
will not support the City paying for any part of it and does not think the City is obligated.
· Councilmember Wuellner asked what was the basis for the DRC's recommendation?
· City Manager Boyles said the DRC believed the City did fulfill its obligation regarding
sewer and extension and the costs were more appropriately the developer's.
MOTION BY MADER SECOND BY WUELLNER TO REJECT THE PETITIONER'S
REQUEST AND REQUIRE THE DEVELOPER TO PAY FOR INFRASTRUCTURE
IMPROVEMENTS.
· Councilmember Schenck said the City intentionally cut short the sewer and water line. In
every other development, where the City goes out to a border, it typically installs sewer and
water right up to border.
· Planning Director Rye said there is sewer on Fish Point Road up to the south property line.
Service to the business park area would require an extension from Fish Point Road over to
the industrial property, which may require a lift station.
~= M
. Mayor Mader said the developer is asking for the City to extend sewer and water to his
property for his convenience at City expense.
Upon a vote, ayes by Mader, Petersen, Schenck, and Wuellner, nay Kedrowski, the motion
carried.
A. Proclamation: National Day of Prayer
. Mayor Mader read the proclamation proclaiming National Day of Prayer as May 7th.
B. Proclamation: Public Works and Park Maintenance Week in Prior Lake
.
Mayor Mader read the proclamation proclaiming public works and park maintenance week
in Prior Lake s May 17th - 23rd.
11.
OTHER BUSINESS/COUNCILMEMBER REPORTS:
.
Mayor Mader said Jim Feick sent a letter regarding subdivision of lots 40, 41, and 42. With
it is a petition from neighbors and people in the area objecting to the subdivision. When the
resolution was passed to divide the property it was subject to review and approval by the
Fire Chief. He spoke with Fire Chief Chromy, who said he was not in a position to provide
the approval and could not until the roads were designed and drawings were available. This
is an unfinished action. How should the Council react to this?
.
Chris Denevick of 14122 Louisiana Avenue in Savage addressed the Council. He is the
developer. He said the resolution was pending approval by the City Engineer and Fire Chief.
He said they have not got the information to them for approval. He is waiting for the survey
to come back. While it appears to be outstanding, it is in the process. It just has not gone to
the appropriate bodies yet.
.
Mayor Mader said the City Council has received a petition from a number of people, what
does it wish to do?
.
City Attorney Pace said the building permit is subject to looking at the design of the road.
He cannot go ahead until the conditions are met.
.
Councilmember Wuellner said they should let due process proceed for awhile.
.
City Manager Boyles said Fire Chief Chromy said he was working with engineering on this.
.
Mayor Mader asked whether the Council wished to take no action at this time. Council
concurred.
.
Mr. Denevick said they were given a sixty day window and so they have until the end of that
time period.
5498.DOC
25
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.
· Mayor Mader said a second point of Mr. Feick's letter is if after reviewing the Engineer
Report, the Fire Chief approves the subdivision, the Council stated Hillcrest Homes should
work with Mr. Feick., and he asks who will have final say in the proposed road.
· The City Engineer said he would, but the Council can approve or deny.
· City Attorney Pace said she would be involved in it as well. She will work with the City
Engineer.
· Councilmember Kedrowski said he still would like a city task force for youth issues. The
City should define its own position. The presentation was based on the school's perspective.
· Mayor Mader said theirs was not a school task force.
· Councilmember Wuellner said they want the City to know what they are doing. They may
be afraid the City will take over.
· Councilmember Kedrowski said they could look through the information. He said he was
not suggesting duplicating efforts.
· Councilmember Wuellner said he would volunteer to be a liaison to the group.
· Councilmember Kedrowski said that would be good.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO CONSIDER CREATION OF
A TASK FORCE AND HAVE COUNCILMEMBER WUELLNER WORK WITH THE
EXISTING TASK FORCE.
· Councilmember Mader said they do not want to undermine the existing task force. The
Council should make itself available to help that task force. Perhaps the staff could put
something together and get back to the Council.
· The motion and second were withdrawn.
· Councilmember Wuellner said proclamations should be read at their scheduled time in the
meeting.
· Mayor Mader indicated that he agreed.
· Mayor Mader said Bill Hannien sent a letter. He would like the Council to provide direction
on the issue.
· City Manager Boyles said the letter was about Mr. Hannien wanting to get consideration in
the reduction of his assessment on the 2-3 parcels he owns in Ridgemont. The appeal time
frame is long gone. He also references an easement given to the City at no cost many years
ago for which he now seeks consideration.
5498.DOC 26
.
.
.
.
5498.DOC
MOTION BY WUELLNER SECOND BY KEDROWSKI TO DIRECT THE CITY
MANAGER TO RESPOND WITH A LETTER REJECTING BILL HANNIEN'S
REQUEST.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner the motion
carried.
.
Mayor Mader said residents of Timothy Avenue are asking for something defined on
terminating Timothy Avenue.
.
City Manager Boyles said he and the City Engineer spoke about the issue. The intent is to
follow the resolution, which states that Timothy and Commerce will be terminated when the
signal light is installed.
.
Mayor Mader asked if neighbors would be notified or if it would just be done.
.
City Engineer Ilkka said something will be proposed to the Council.
.
Mayor Mader said he had heard the LAC did not want to have its meetings televised.
.
City Manager Boyles said the Parks Advisory and Lake Advisory do not want to be
televised. The Council will begin on June 1. The EDA and the Planning Commission will
begin on September 1. Next year the remainder of the Advisory bodies will have their
meetings televised.
.
Mayor Mader said since they are volunteer bodies, he thought they should not require
televising of meetings.
.
Councilmember Kedrowski said Council could ask them for reasons why they should not be.
City Manager Boyles said they will just not televise them if that is the Council's desire.
Mayor Mader said Bob Jader offered his expertise in discussing with City staff and making
recommendations on the computer technology in City Hall.
Councilmember Kedrowski said where does it lead to and how far does it go?
Staff agreed to speak with Mr. Jader.
27
T
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12. ADJOURNMENT
MOTION BY KEDROWSKI SECOND BY WUELLNER TO ADJOURN THE MEETING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner the motion
carried.
. The meeting adjourned at 12:28 a.m. May 5.
~11 WAJ
Recording Secretary
5498.DOC
28