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HomeMy WebLinkAboutAgenda & Minutes 10/07/96 PRIOR LAKE CITY COUNCIL AGENDA PUBLIC HEARING - 5:30 P.M. To Consider Approval of Resolution 96-103 Approving Development Districts 1 and 2 Modification Pmsuant to Minnesota Statutes Chapter 469 and Resolution 96-104 Approving Tax Increment Financing Districts Nos. 1-1, 1-2, and 2-4 Modification and the Use of Tax Increment Financing. 6:00 PM ECONOMIC DEVELOPMENT AUTHORITY MEETING REGULAR COUNCIL MEETING AGENDA Date: October 7, 1996 1. CALL TO ORDER ............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Building InSpection Report. C. Consider Approval of Amendment to Ordinance 96-17 Junk Yard-Junk Car Ordinance by the Addition of Section 10 Providing for Penalties. D. Consider Approval of Cigarette License for Kevin and Jennifer King d.b.a. Gateway Liquor. E. Consider Approval of Agreement for Joint Assessment between the City of Prior Lake and the County of Scott. F. Consider Approval of Change Order No. 3 for Maintenance Building. 5. PRESENTATIONS: A. Donation of $25,000 from the Shakopee Mdewankaton Dakota Community to the Prior Lake Fire Department. B. Report from Lake Advisory Committee on Future Charge including a recommendation on the Agreement with the Prior Lake/Spring Lake Watershed District. 16200 iagi9.~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 10/07/96 PRIOR LAKE CITY COUNCIL AGENDA 6. PUBLIC HEARINGS: A. There are no public hearings. 7. OLD BUSINESS: A. Consider Approval of Ordinance 96-20 Relating to Massage Therapy. B. Consider Approval of Resolution 96-98 Approving the Preliminary Plat for Maple Hills 2nd Addition. C. Consider Approval of Resolution 96-101 Denying an Appeal by Don and Mary Kemper at 15097 Manitou Road of Decision of Planning Commission to Deny Variance. D. Consider Approval of Modification of Development Agreement for Wilds Second Addition. E. Consider Appeal of G & R Enterprises from a decision of the Zoning Officer Relating to Docks. 8. NEW BUSINESS: A. Consider Approval of Request by Evergreen Land Services and MSA Consulting for Additional Fees for Services Rendered for the Northwood Road Project. B. Consider Approval of Resolution 96-100 Continuing City Participation in the Liveable Communities Program. 9. OTHER BUSINESS: A. Adjourn to Executive Session to Discuss Labor Negotiations Strategy. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT AIOO796.DOC MINUTES OF THE PRIOR LAKE CITY COUNCIL September 16, 1996 1. CALL TO ORDER: Mayor Andren called the meeting of the Common Council to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, and Recording Secretary Koch. Councilmember Greenfield was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES The following amendments were made to the minutes: On page 8, 3rd bulleted item should read "10th" instead of ' '12th". MOTION KEDROWSKI SECOND SCHENCK TO APPROVE THE MINUTES OF THE SEPTEMBER 3RD, 1996 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. B. Consider Approval of Building Permit Report. C. Consider Approval of Fire and Rescue Report. D. Consider Approval of Invoices to be Paid. E. Consider Approval of Treasurer's Report. F. Consider Approval of Contingency Expenditures G. Consider Approval of Resolution 96-97 pertaining to the Subdivision of Lands, City Council Approval of Certain Conveyances and Recording Subdivision Ordinances. H. Consider Approval of Final Payment for Ridgemont Avenue Project 95-01; Creekside Circle Project 95-02; TH 13 Drainage to Mitchell Pond Project 93- 03; and Industrial Park Storm Sewer Project 93-01. MOTION KEDROWSKI, SECOND SCHENCK TO APPROVE ITEMS A, C, D, E, F, G, AND H OF THE CONSENT AGENDA. 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E;vlPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. There are no presentations. 6. PUBLIC HEARINGS: A. There are no public hearings. 7. OLD BUSINESS: A. Consider Approval of Resolution 96-77 Approving the TH 13 Corridor Study and Long Range Development Plan. . City Manager Boyles introduced the item and briefly outlined Council's past direction to staff on this item. First, the staff was to prepare a letter to the County requesting the status of Timothy Avenue and the curb cut access. Their response indicates that as long as it does not pose a safety problem, that curb cut would remain open. The Council's second directive to staff was to check with the City of Savage with respect to the proposed revision of the Commerce Avenue access to TH 13. Savage indicated agreement with Commerce as proposed in concept A. . Acting City Engineer Wingard spoke on the four informational meetings held by the City on the TH 13 Corridor Study, and shared some of the major concerns of the residents. On the 170th street intersection, residents were concerned about speed as cars are coming into town on Highway 13, and feel it should be lowered to 45 miles per hour. The intersection configuration on 170th street is not a right angle, and MnDot has restriped the turn lane. At Five Hawks and County Road 23, there was a lot of discussion on reconfiguring this so that it can be a full signal intersection. Carol's Furniture, Amoco, and Prior Lake Marine are all concerned about limited accesses to TH 13 affecting their businesses. Assembly of God likes Exhibit A as long as street is not extended over North edge of property. Commerce area residents are ok with concept A. A few residents are concerned with trails along 13. Hwy. 13 would be a critical link in the trail which would connect to regional trail system. TH 13 task force is discussing this for future developments. . Councilmember Mader asked about Five Hawks and CSAH 23 reconfiguration. Acting City Engineer Wingard explained map does reflects lights. . Mayor Andren recognized John Munch, Vice President of N orex, representing Ron Haberkorn, businessowner. They expressed concern with Franklin Trail/Highway 13 and the inability to turn left. He said this limits access to his business and other surrounding businesses. They closed an access from Norex, but now have no access. MIN91696.DOC 2 MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16, 1996 . Mayor Andren recognized John Olson, who was concerned with Franklin Trail/Highway 13 intersection. He questioned why wasn't there a middle lane, with turn lanes on either side. His concern was with property value and restriction of business. . Councilmember Kedrowski asked Mr. Olson for clarification. Mr. Olson said a middle lane, so that lane is open and there is a way to turn left and turn right without worrying about being rear-ended. . Paul Kachelmeyer said there were many issues of safety and traffic volume. Traffic volume in the future will be far higher than today. The more access points, the more accidents there will be. The task force decided full access should be at County Road 44 rather than County Road 39. There are a lot of businesses affected, but there still will be access. Convenience oriented businesses may lose and destination oriented businesses will not. . Commissioner Kedrowski asked about opening trails. Mr. Kachelmeyer said the task force looked at it and determined there could be trails in the right of way. . Commissioner Schenck said coming down TH 13 every intersection has a painted shoulder except Rustic Road. . Mr. Kachelmeyer explained shoulders versus turn lanes. . Commissioner Schenck commented on very good work by Mr. Kachelmeyer. MOTION SCHENCK, SECOND KEDROWSKI TO ADOPT RESOL~TION 96- 77 APPROVING THE TH 13 CORRIDOR STUDY AND LONG RANGE DEVELOPMENT PLAN. . Councilmember Mader commented that a lot of compromise and negotiation has been done since 1987, and he believes enough input has been received. Approval tonight doesn't mean it is unchangeable. . Mayor Andren commented there should be an amendment to the resolution. Norex was very gracious in eliminating the Highway 13 access for its employees. The Council should be concerned with the businesses concerns. MOTION ANDREN SECOND KEDROWSKI TO AMEND RESOLUTION 96- 77 TO ADD AFTER NOW, THEREFORE THE SECOND SENTENCE CORRIDOR STUDY AS SHOWN ON EXHIBIT A, TO SAY 1) THE TRAIL SEGMENT BE INCLUDED ALONG THE LENGTH OF HIGHWAY 13,2) FULL ACCESS AT FRANKLIN TRAIL FOR NOREX/LAKERS MIN91696.DOC 3 T MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 INTERSECTION AND HIGHWAY 13 ANNA TRAIL INTERSECTION TO MAINTAIN ACCESS TO PRIOR LAKE BUSINESS AREAS. . Commissioner Schenck was concerned with topography along TH13 and funding for the trails. . Commissioner Kedrowski commented that funding could be a elP consideration. . Mr. Kachelmeyer said there is a mechanism to get funding for trails through 1ST. He said some of the gas tax money that goes to Washington comes back to the state and is allocated. Part of that 60 million dollars per year goes to enhancement of bikeways and trail systems. Many entities applied for the money last year. . Commissioner Kedrowski said 1ST can be applied to other projects and tie trails to this project. . Mr. Kachelmeyer said he would work at submitting a project for funding two years from now to 1ST. He would use 1ST rather than MnDOT because 1ST funds do not have to compete against projects proposed by MnDOT. . Commissioner Kedrowski asked if Mayor Andren's amendments meant fully signalized intersections or just a full access intersections. . Mayor Andren said she was clear about keeping full access intersections open that enter into our businesses and not putting a businesses that currently have accesses. That is the purpose of the amendment, whether there are signals or not. . Councilmember Kedrowski suggested adding "pending funding" to amendment on trails. . Mayor Andren said this was not necessary, if there is no funding, there will be no project. . City Manager Boyles said funding is not a concern for the purposes of this plan. . Mayor Andren called the question on the amendment. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. . Mayor Andren called the question on the amended Resolution 96-77. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. M1N91696.DOC 4 MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 B. Consider Approval of Resolution 96-96 Denying an Amendment to the Zoning ordinance to permit Fences in County Road Rights-of-Way. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 96-96 DENYING AN AMENDMENT TO THE ZONING ORDINANCE TO PERMIT FENCES IN COUNTY ROAD RIGHTS OF WAY. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Appeal of G & R Enterprises Ruling of the Zoning Officer Relating to Docks. This item was removed from the agenda at the request of the petitioners. 8. NEW BUSINESS: A. Consider Approval of Amendments to the Zoning Ordinance: 1. To Allow Daycare in Certain Districts 2. To Allow "Game Rooms" in the "B3" District. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE AMENDMENT TO ZONING ORDINANCE 96-23 TO ALLOW DA YCARE IN CERTAIN DISTRICTS. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION KEDROWSKI SECOND MADER TO TABLE ITEM 8A2 TO THE END OF THE AGENDA BEFORE OTHER BUSINESS. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Request for Off-Sale Liquor License for Kevin and Jennifer King db. a. Gateway Wine and Spirits, Inc. . City Manager Boyles introduced this item, and said the City Council should solicit public input. The City Council then can approve, deny, or request additional information on the application. . Mayor Andren asked whether individuals were present to provide testimony on this request. Mayor Andren recognized Kevin King, the petitioner from 7931 W 25th Street in St. Louis Park. He just wanted to introduce himself. MOTION KEDROWSKI SECOND SCHENCK TO ISSUE AN OFF-SALE LIQUOR LICENSE TO KEVIN AND JENNIFER KING. MIN91696.DOC 5 _"__M"'~'~_'_'-,""'_"'___"~';'''''''__''''''___'''''__'''''''~'~_'''.""-.""-~._."..._..*,-""~,._....,...~_.....,,._.,,...,,.~. ..-....,-"'-~-...."._""',._"..,"._-,.....~~."'~..-.<.'_...,.",..^._---,..--.~.........,..~._,..~_.~._...._._...........--............-- T MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16, 1996 Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Resolution 96-98 Approving the Preliminary Plat for Maple Hills Second Addition. . City Manager Boyles introduced this item, which he said involved two major policy issues. One is availability of public utilities, which is at least one year away. Two is a request for preliminary plat approval that provides for a two year window of opportunity for them to move on to the final plat stage rather than one year as set forth in the ordinance. The problem is the City staff was directed by the Council to provide a revised zoning ordinance in order to bring them into complete conformance with the new Comprehensive Plan. During the two year period, if the applicant shows substantial investment, they would not be subject to our new zoning ordinance. . Councilmember Kedrowski questioned the developer on his reason for an extension of two years. . The developer said they wanted to preplat so they could tie into the future utilities and lot arrangements. Scott County is developing plans for the upgraded County Road 42 in '97-'98 on the north side. On the south side, there is extension of Knob Hill with lot and road configurations, with utilities next year. If Knob Hill doesn't extend the water line to them, then they will wait until 1998 when the water will be available from County Road 42. Otherwise, they will have to come back next year for an extension. . Mayor Andren was concerned about what kind of a precedent this would set. She said staff has put in conditions that will take care of preliminary plat problems. One concern is that the City has already adopted a comprehensive plan, but has yet to adopt the zoning that goes along with that plan. The City does not want a precedent of this type which would exempt the plat from the new ordinance and the necessity to be served by utilities. . The City Attorney said the ordinance says specifically that a one year extension can be granted and the Council could consider at that time. She was concerned about setting precedent of approving a preliminary plat for two years. . Councilmember Mader asked if they grant a one-year approval and in the meantime change the zoning ordinances, and then they ask for extension, does that create a problem? The extensions are granted based upon dollars invested and circumstances, would changing the ordinance be a circumstance under which they would have to modify the plat? . The City Attorney said the preliminary plat is approved for one year, during which time the developer and the City are bound by the conditions set forth in the resolution MIN91696.DOC 6 MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 approving the preliminary plat. The statute provides that for two years following final plat approval, or such other time as the Council might decide, it can be extended beyond two years. There can be no amendment to the zoning ordinance applied to this plat. If he comes in at the end of the year and asks for an extension, the City needs to look at where they are in the zoning process. MOTION SCHENCK SECOND KEDROWSKI TO ADOPT RESOLUTION 96- 98 WITH AN AMENDMENT BY REMOVING ITEM # 15 AND APPROVING THE PRELIMINARY PLAT FOR 12 MONTHS AND PRIOR TO THE EXPIRATION OF THE 12 MONTH PERIOD, THE DEVELOPER MAY REQUEST A ONE-YEAR EXTENSION. . City Attorney said it could be removed; we don't have sewer and water but platted property should have sewer and water. . Mayor Andren said she does not recall preplatting in urban service area without utilities. Hook-ups must be done within one year. In our subdivision ordinance, if this preliminary plat is approved, they can get a grading permit, and if they do, that is quite a substantial investment. There should be no roads graded or trees cut down until it is known for certain that there is going to be a valid plat with sewer and water in it, particularly since it is in an urban service area. . Councilmember Kedrowski questioned the City Attorney on turning the plat down because of no sewer and water. . Councilmembers Schenck and Kedrowski withdrew the motion and second. MOTION KEDROWSKI SECOND SCHENCK TO TABLE UNTIL THE NEXT MEETING PENDING RECEIPT OF A REPORT FORM THE CITY ATTORNEY ON THE ISSUES RAISED. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 9. Consider Approval Volunteer Firefighters' Request for Improved Pension Benefits. . City Manager Boyles introduced the firefighter request explaining that the improved pension level will help to recruit and retrain volunteer frrefighters. It is funded by a 2% contribution from homeowner's insurance, without any property tax contribution. MOTION KEDROWSKI SECOND SCHENCK TO MOVE ADOPTION OF VOLUNTEER FIREFIGHTER'S REQUEST FOR IMPROVED PENSION BENEFITS. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MIN91696.DOC 7 .--..-.----.--r-....-.-......... .. .... -.....-. ---.-------...-~._-.-_..._.......- ..~_.-. T MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 Item Hal, Request to allow game rooms in B3 zoning district. . City Manager Boyles introduced this item. The Planning Commission, at their August 26, 1996 meeting conducted a public hearing on this and has recommended for City Council consideration Ordinance 96-24. The ordinance would allow game rooms in the B-3 district, define game rooms, and add the following conditions: 1) The hours of operation will be consistent with the city code relating to curfews. 2) They will be located at least 150 feet from the nearest residential structure. 3) Parking will be calculated based upon all uses within the structure or tenant space, using City Code standards, 4) An adult over the age of 21 will be on premises during all hours to act in a supervisory capacity. . Councilmembers Mader, Schenck, Kedrowski concurred that Planning Director Rye did not need to present a full staff report, just answer questions and concerns regarding the issue. . Mayor Andren recognized Lyle Durr, who said he was representing the Priordale Business Owners Association. He said nine businesses in the Priordale Mall have signed a petition requesting that the Council not approve the zoning change. Some customers have stated fears that this would create problems around mall. This could present a security problem, which mall owners would have to address by hiring security, which some businesses couldn't afford. He submitted the petition to the Council. . Mayor recognized Sue Stang 4818 of Bluff Heights Trail. She is the petitioner, and wished to further address the issue. She heard about the petition this afternoon. Not one business owner has come forward to ask her about her plans for the business. The age of 17 and under eliminates some kids that are in high school, but the smoking ordinance will be easier to enforce. The curfew is no problem to abide by, since the hours of operation 2:00 p.m. to 8:30 p.m. during the week, and 10:00 a.m. to 8:30 p.m. on the weekends. The Planning Commission brought up noise level, and she told them all of the machines are volume controlled except pool tables. She knows loitering is a potential problem, and they are doing everything possible to make this a well-structured, adult-supervised area. There will be an adult at all times on over 21. All kids will be registered. Their parent or legal guardian will be asked to come in with them to personally go over all of the rules of center, then they will be able to track kids. If there is a record of the kids, they will know problem areas, and will address them. . Councilmember Schenck asked where the center would be located. MIN91696.DOC 8 MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 . The petitioner said they had looked tentatively at the Flea Market, they have run across issues with building code. The second choice is the where Priority Health Club was an option as well. This is centralized, leaving a direct entrance and exit from the mall. . Councilmember Schenck asked if they will share a common entrance on the south side of the mall, or will they have an individual entrance? . The petitioner said south side, old entrance/exit of grocery store. They would go through the main doors. If they go with Priority, that area is going to pose a problem with doors. . Mayor Andren said Public Hearing has been conducted by the Planning Commission, and the Bylaws provide that the Council should not reconduct the hearing. MOTION TO KEDROWSKI, SECOND MADER TO ADOPT ORDINANCE 96- 24. . Councilmember Kedrowski asked the City Attorney, if others would have to go through the same process to get conditional use zoning? Would there be a yearly review provision? . City Attorney said they would have to go through the same process. It is an approval for using a permit under certain conditions. The conditions are spelled out, so if they meet the conditions, they could be given a permit. . Councilmember Kedrowski asked if there was a yearly review or if they needed to build a time provision into ordinance. . Planning Director Rye said practice was annual review unless the Council wanted to otherwise review to amend the conditions. MOTION KEDROWSKI SECOND MADER TO AMEND ORIGINAL MOTION TO ADDRESS l)CONDITION 5 "SUCH ADDITIONAL CONDITIONS AS THE COUNCIL MAY DETERMINE APPROPRIATE AND EXISTING CONDITIONAL USE PERMIT MAY BE Al"iENDED BY THE CITY COUNCIL TO ADD CONDITIONS AT ANY TIME". 2)REQUEST 90 DAYS REVIEW. . Councilmember Mader, said it sounds like a responsible application but he can't support the ordinance because it does not reflect that. It would be easy to support the application based on what they heard. He is opposed to ordinance because it doesn't deal with those issues. He suggested they defer and have it looked at in the future. MIN91696.DOC 9 f MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 . City Attorney Pace asked Planning Director Rye if what is before Council is an application to amend the zoning ordinance to permit game rooms in certain districts as a conditional use as specifying the uses. If the zoning ordinance were to be amended to provide for this use, that the applicant would then have to apply for a conditional use permit, and at such time of application for conditional use permit, some of the suggestions made by applicant could be set forth. . Planning Director Rye concurred that the ordinance was making it possible for them to apply for the conditional use permit, an option not currently available. . Mayor Andren said there is no place for the kids to gather. That has been one of the big complaints of parents and teenagers within this community. This would address that need. . Councilmember Mader asked if this means review by City Staff every 90 days. . City Manager Boyles said initially it would be proactive review, but ultimately more reactive. . Councilmember Mader said if there is a violation of conditional use, or complaint, then it could be acted upon. There is really no purpose of a 90 day review. . City Manager Boyles said Condition 5 appears to be intended to address that. The City Council has the option to review existing Conditional Use Permits at any time. . Councilmember Mader said if Conditional Use Permit issued, and Council wants to change conditions, can this be done after issuing permit? . City Attorney said yes. . Mayor Andren called the question on the amendment. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. . Mayor Andren called the question on the main motion. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 10. OTHER BUSINESS: . City Manager Boyles confirmed completion of the City Hall and Library new roofs. . Councilmembers agreed to Open House October 21st 5-7 p.m. for the new maintenance building. MIN91696.DOC 10 MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 . Acting City Engineer Wingard reported on Northwood Road pond. This morning, they met with a representative of Berkely Risk Managers, who suggested a temporary fence adjacent to sidewalk for the length of the pond until vegetation has grown. They want to leave the option for additional landscaping in place of fencing and additional buffer. . Councilmember Mader said looking at the size of the pond, originally designed for .17 acre feet of water acres, turned out to be .26, and with filling, .1. Under any conditions, if you think in terms of draining 40 acres of area plus the street, it would appear drainage just from the street would fill pond. If there is a really wet or heavy melt the pond may not be big enough, and maybe should fill and reduce slope. MOTION MADER SECOND KEDROWSKI TO REDUCE THE POND VOLUME TO .17 ACRE FEET, ADJUST POND DESIGN FOR COMPLIANCE WITH CITY STANDARDS FOR WATER RETENTION PONDS AND COMBINE FENCING AND SHRUBS TO CREATE A BARRIER FROM THE SIDEW ALK. . Acting Engineer Wingard explained the pond would still function, the smaller particles may not settle out, the larger particles will settle out. . Mayor Andren asked about the land on the other side of the street, if there was an option to utilize that if this pond gets filled. . Acting Engineer Wingard said that was parkland, and the wetland did a good job of treating the majority of that. The sand and salt on Northwood was the issue. It should not flood, but life of pond will be 15 years instead of 20 or 30, then City will clean it out. . Councilmember Schenck asked what will DNR say. . Acting Engineer Wingard said there was a separate drainage boundary, so it shouldn't impact the other pond. This pond was small and did not require a permit from the DNR. . Councilmember Schenck asked about fill. Acting Engineer Wingard said he would talk to Pat Lynch. . Councilmember Kedrowski said two residents complained about the stagnant water smell. . Acting Engineer Wingard said it could be decaying algae, and could add chemicals. . Mayor Andren said the staff should look into that. MIN91696.DOC 11 ~..............._.-...._..'._... .......-_._~----- t MINUTES OF THE PRIOR LAKE CITY COUNCIL MEETING SEPTEMBER 16. 1996 . Mayor Andren called the question. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. . City Manager Boyles mentioned the Council direction regarding intrusivenesss of the lights on Northwood. The Council confirmed that the lights go on the sidewalk side of the road. . Councilmember Schenck asked if the Council would mind if he represented the City in presenting the Prior Lake tobacco ordinance at the City of Woodbury. . Councilmember Kedrowski asked about the status of Traffic Lights at CSAH 44 and Franklin Trail. . Mayor Andren asked that Councilmembers check their calendars for a free day for the workshop, instead of having two days in a row. A. Adjourn to Executive Session to Discuss Pending Litigation. 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT The meeting was adjourned at! 0:40 p.m. MIN91696.DOC . 12