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HomeMy WebLinkAbout100697 Regular REGULAR COUNCIL MEETING MINUTES Date: October 6, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, Robbins, and Schenck, City Attorney Pace, Attorney Brokl, City Manager Boyles, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, Parks and Recreation Director Hokeness, Fire Chief Chromy, City Engineer Ilkka, and Acting Police Chief Schmidt. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A. September 15, 1997 MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE SEPTEMBER 15 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Animal Control Report for August, 1997. C. Consider Approval of Resolution 97-84 Authorizing Award of Bid for Purchase and Installation of an In-Ground Irrigation System for the Pond's Park. D. Consider Approval of Agreement to Allocate Election Expenses with Scott County and School District. E. Consider Approval of Massage Therapy License for Linda Epps. · Councilmember Mader requested the removal of item C, Consider Approval of Resolution 97-84 Authorizing Award of Bid for Purchase and Installation of an In- Ground Irrigation System for the Pond's Park from the Consent Agenda for consideration after new business. Ponds Park Irrigation MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE ITEMS A, B, D, AND E OF THE CONSENT AGENDA Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. 5. PRESENTATIONS: Outdoor Leaming Center A. Status Report on Outdoor Learning Center - Dar Fosse. 16Z01~Bagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42~5 AN EQUAL OPPORTUNITY EMPLOYER City Manager Boyles introduced the item. · Dar Fosse presented a status report for a proposed outdoor nature and learning center. He said Jim Hughes, a teacher at Five Hawks, and Dave Moran with the Watershed District are involved as well. With the development around Five Hawks, they would like to utilize thirty three acres as a community nature center and learning center. Mr. Fosse passed around aerial photographs and a map. He said they had worked with agencies including the Department of Natural Resources and the University of Minnesota. He pointed out various areas of reference on the aerial photograph, such as Five Hawks, Green Heights, County Market, and the Eagle Creek Assisted Living Facility. Problems they are having include the runoff from the housing development going into the lake. They want to use a holding pond for the water before it drains into the lake. · Five Hawks and St. Michael's schools will directly benefit from the learning center, as it is within walking distance. Right now students have to go to Lowry and Richardson for nature preserves. This is the first opportunity to have something like this in Prior Lake. It could be used for community education and by the Parks and Recreation Department. They would like to put in nature trails using limestone and woodchips and would like to waive the City's trail requirements of eight feet width and bituminous surface on City property. · They do not want it to be used as a park for picnicking and biking. Bikes are already being routed Five Hawks via the bituminous trail system in place. There is a possibility for an ampitheater for classes and lessons, and a grassland area. Right now there is land owned by the School District, by Mesenbrink Development, and by the City. Mr. Fosse said they would like the go-ahead by the City Council to proceed. They are planning to go to most all of the Civic organizations to seek funding support for the project. They will also work with the Watershed and try to get matching grant moneys through cooperative efforts. A University of Minnesota graduate student of landscape design took this project as her masters thesis. They are looking for approval by the City as to the plans so far and would like to get the authority to work with City staff on the coordination of the project. · Councilmember Kedrowski said it was a nice use of the land. · Councilmember Schenck concurred. · Councilmember Mader asked how many acres were owned by the City. · Mr. Fosse said approximately 16 acres, or half of the land. · Councilmember Mader asked why does City have it, how did they come to own it? · Mr. Fosse said he did not know. · Parks and Recreation Director Hokeness said it was dedicated park land. 10697.DOC 2 Mr. Fosse said with a designated wetland, there is water that flows year round. Councilmember Mader said it looks like a good project. Councilmember Robbins concurred. · City Manager Boyles said this was not intended to be a specific request. The plan was they were to work with the School District first, Mesenbrink second, and the City property last. As far as the request to waive trail standards, that would be a future action item if the project progresses to include the City land. · Mr. Fosse said they are doing some grant writing now and will go on the assumption that the City will work with them. In a worst case scenario, they would only use the land belonging to the School District. · Mayor Andren said the Council may want to move a directive to have staff work jointly with school district. MOTION BY KEDROWSKI SECOND BY SCHENCK TO HAVE CITY STAFF WORK COOPERATIVELY WITH THE SCHOOL DISTRICT ON THE NATURE CENTER PROJECT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 6. PUBLIC HEARINGS: Assessment Roll-Mushtown Road and Pike Lake Trail A. There are no Public Hearings. Assessment Hearing Mushtown Road and Pike Lake Trail 7. OLD BUSINESS: A. Consider Approval of Resolution 97-87 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Roll for Projects 95-07 Mushtown Road Improvements and 97-17 Pike Lake Trail Improvements and Resolution 97-88 Establishing the Date of the Assessment Hearing for Projects 95-07 Mushtown Road Improvements and 97-17 Pike Lake Trail Improvements. · City Manager Boyles introduced the item. In accordance with the City Council directive, Councilmembers Kedrowski and Mader, City Manager Boyles, Finance Director Teschner, and City Engineer Ilkka met as the assessment committee. The agenda report for 7A shows what the assessment committee reviewed and its recommendations. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-85 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PROJECTS 95-07 MUSHTOWN ROAD IMPROVEMENTS AND 97-17 PIKE LAKE TRAIL IMPROVEMENTS. 10697.DOC 3 · Mayor Andren asked about the designation of Pike Lake Trail as a collector street. She said her concern is regarding the Vierling property, with 150 feet frontage and the potential to subdivide. There is a policy in the ordinance to minimize access onto collector roads. If that property is subdivided, how does the City propose access to Pike Lake Trail or similar roads in the area? · City Engineer Ilkka said as of today they will replace existing accesses, and the Vierling parcel in particular depends on the type of development proposed. They will utilize the existing access for that property. · Mayor Andren said the existing access is Vierlings driveway. She asked if that was a potential problem. · City Engineer Ilkka said there is always potential, but they can't predict it. · Mayor Andren asked if accesses to that road would come off of other accesses. · City Manager Boyles said the current curb cut may not be appropriate with a new subdivision. · Mayor Andren said they have run into that problem before. · City Manager Boyles said if the land is subdivided, there will be a public road extended and sewer and water at the developers expense. · City Engineer Ilkka said they only proposed to assess 150 feet of the Vierling property. The actual frontage of the property is 425 feet. · Mayor Andren asked whether lot 8 of Maple Hills abuts the road. · City Engineer Ilkka said the original plan was for the property owner to get his sewer from Pike Lake Trail and the water system from a private road. During construction, he decided to get water from Pike Lake Trail. · Mayor Andren asked whether Knob Hill was being assessed. · City Engineer Ilkka said they are building the south half of the road. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and $chenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-88 ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR PROJECTS 95-07 MUSHTOWN ROAD IMPROVEMENTS AND 97-17 PIKE LAKE TRAIL IMPROVEMENTS. 10697.DOC 4 Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and $chenck, the motion carried. Animal Control Ordinance B. Consider Approval of Ordinance 97-14 Revising Animal Control Ordinance Requirements. · City Manager Boyles introduced the item and reviewed the agenda report. One of the Council's Top Priority Objectives for 1997 was to review and revise the Animal Control Ordinance. The ordinance needs to be amended because of our growing and changing City, and the revision of state statute. He said the City Cotmcil reviewed the draft ordinance, and the City has received input from the police department, the City Attomey, and the prosecutor's office. There are individuals who have called and expressed concern regarding the ordinance. One expressed concern about having three pets per household and therefore needing a Conditional Use Permit (CUP). Secondly, there was a concern about the provision in the ordinance regarding the cleanup of pets' waste within 24 hours. Thirdly there was concern about the statutory requirement, when an animal is impounded for rabies, it requires a licensed veterinarian to release the animal. That is a statutory requirement. The City is trying to protect the rights of pet owners and non pet owners. · Mark Conty from the audience addressed the Council. He said he currently lives in Apple Valley and is in the process of preparing to move to Prior Lake. He said he owns three dogs and was concerned with the requirement of obtaining a conditional use permit with three or more dogs. · City Attorney Pace said they changed the ordinance at the staff meeting to read "more than three" would require a CUP. · Mr. Conty said there should be more flexibility regarding the number of dogs allowed. · Councilmember Robbins said regarding the 24 hour clean-up requirement, if someone is gone for the weekend or on vacation, what would be done? · Acting Police Chief Schmidt said that particular provision would be used as a compliance tool. The police department would discuss the matter with the homeowner before anything was done. · Councilmember Robbins asked if the annual license renewal was state statute. · City Attorney Pace said no. · Councilmember Robbins said it would save paperwork to have the license requirement every two years rather than annually. · Mayor Andren said it was to ensure that in the case of a dog biting someone, the dog is vaccinated for rabies. 10697.DOC 5 · Mr. Conty said the City of Apple Valley has a two year license requirement. City Attomey Pace said Minneapolis has a one year requirement · Councilmember Mader said he did not realize until the meeting that he did not receive item 7b in his agenda packet and wanted to have the item deferred. · Councilmember Schenck said Mr. Conty had made some good comments. He said the purpose of the restriction on the number of animals is to discourage puppy mills. He asked about breeding situations. · City Attorney Pace said the license fee is less for spayed and neutered animals. It encourages pet owners to act responsibly. It prevents the proliferation of animals. She said four dogs requires a kennel license. · Councilmember Kedrowski asked what about the provision for puppies, etc. · City Attorney Pace said three months was the restriction. · Councilmember Kedrowski said two years, not every year, should be the licensing requirement, and "more than three" would be good for the CLIP requirement. · City Manager Boyles apologized that Councilmember Mader did not get the agenda item, and said the Council had seen it in draft form before. · Councilmember Mader said he was comfortable going ahead with the item since the City Attorney explained to him that the current version of the ordinance had only minor changes from the one the Council had previously reviewed in draft form. · Mayor Andren clarified that Councilmember Mader withdrew his request to defer the item. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT ORDINANCE 97-14 REVISING ANIMAL CONTROL ORDINANCE REQUIREMENTS WITH THE AMENDMENT THAT "MORE THAN THREE" BE SUBSTITUTED FOR "THREE OR MORE" AND EVERY TWO YEARS BE SUBSTITUTED AS THE LICENSE REQUIREMENT INSTEAD OF ANNUALLY. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. · City Manager Boyles said he wanted to publicly thank Steve Schmidt for the work he has done in the capacity of Acting Police Chief for the City. Fire Dept Access --Streets C. Consider Approval of Report on Investigation of Private and Public Streets that are Inadequate with Respect to Fire Apparatus Access Requirements. 10697.DOC 6 · City Manager Boyles introduced the item. Investigating the Private and Public Streets that are inadequate with respect to Fire Access Requirements was an April 21 City Council directive. Fire Chief Chromy has worked with Public Works Director Ilkka to look at the streets included and they have proposed recommendations for assuring that access is possible. For Private Streets there are three categories: with a neighborhood association, without, and those that were looked at that are not a safety issue but will be monitored. In each case, no parking is proposed on one side. The staff recommendation is to talk with homeowners to advise them and solicit input to make the public aware of the safety issues. · Councilmember Robbins asked about Pine Road NE. If there is no parking on both sides of the street, would there be another provision for parking for visitors? Fire Chief Chromy said it is a very short street. They could park a block or less from the house. · Mayor Andren said she recalled that Pine Road NE originally was an access. She questioned whether it was recently vacated. · Councilmember Schenck said they vacated the parcel at the end of road, but not the whole road. · Mayor Andren said that staff should check into Pine Road NE. She thought part of it was already no parking because of the access. · Councilmember Mader asked whether some of the streets are close enough to the lake that the City could tie together trailer parking restrictions. Now people are just parking their boat trailers four blocks from the lake instead of one. · City Engineer Ilkka said in those areas where they are parking trailers, if it doesn't present a fire access issue, he would be reluctant to tie them together. · City Engineer Ilkka said there is a specific ordinance that prevents parking within 2,500 feet of a pubic access. · Councilmember Mader asked if that would be with trailers or any vehicle. · City Engineer Ilkka said he was not sure. · Councilmember Mader said his general reaction is to appreciate the work that has been done, and it was appropriate to have them changed. · Councilmember Schenck said he had a concern with a dead end road with no turnaround. 10697.DOC 7 · Fire Chief Chromy said his main concem is getting the truck in to the site. He said they can always back out and maneuver. The main concern is just getting in, both for fire and medical. Otherwise the list could get very long. · Councilmember Schenck said he just wanted the firefighters to be safe. If they have to get out in a hurry, for their own safety backing the rig up is tough. · Fire Chief Chromy said if they were that close and needed to vacate that fast, then the officers didn't make a very good decision on where to park. There are a lot of factors. It is an important factor to keep the truck a safe distance. · Councilmember Schenck said he respects the work staff has done, and wants the firefighters to be safe. MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE THE REPORT ON INVESTIGATION OF PRIVATE AND PUBLIC STREETS EXCEPT PINE ROAD NE WHICH STAFF WILL INVESTIGATE. · Mayor Andren asked ifMeadowlawn Trail went through the Griffith property. · Fire Chief Chromy said yes. · City Manager Boyles clarified that the motion and second excluded Pine Road NE. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. D. Consider Alternatives for Main Street Storm Sewer Affecting 16100 Evanston Avenue. Main Street Storm Sewer 16100 Evanston Road · City Manager Boyles introduced the item. He said on August 4th the Council reviewed a potential construction project and directed that the staff report back with respect to this project. The Council also directed that staff talk with MnDOT about possible cost participation. The staff report outlines five different options: 1)enlarge 15" culvert under Main Street to a 36" culvert at a cost of $45,000, of which MnDOT would assume $7,700. The second option was to look at enlarging both culverts along 13 and Main Street to a 36" pipe, at a cost $121,000. Option 3 is to look at the size of equalizer pipes for 100 year flood, to enlarge 36" under Hwy 13, and 60" inch under Main Street at a cost of $165,000. Option four was to look at the pond and enlarge culvert under Main at a cost of $76,000. In looking at whether the City caused the problem, it was determined that the City did not. Option five is modifying the residence by blocking up the existing walk-out, which would solve the problem of water in the basement at a cost of $5,000. This project does not provide a public benefit, and therefore City would not finance. Staff recommends option five. Mayor Andren asked if staffwas recommending the City pay for the improvement. 10697.DOC 8 · City Manager Boyles said no. There is no Public Benefit to the project. Councilmember Robbins asked if there was discussion with the homeowner regarding option 5. · City Engineer Ilkka said he shared the staff report with the residents. · Councilmember Robbins said so there was not an indication of the homeowners' willingness to follow through with the improvement. · City Engineer Ilkka said there was no indication yet, but based on how the project evolved, he assumed they would not be happy with the City's recommendation. · Councilmember Robbins asked whether there was a building permit. · City Engineer Ilkka said they could not find one. Mayor Andren said she understood that the house was moved in and put on the foundation. There is now an ordinance on house moving which was passed in 1989. The house was moved here in 1981. · Councilmember Robbins said she would be interested in pursuing option five with the homeowner to see if it is acceptable. Councilmember Mader asked if prior to ten years ago, someone could bring a house in and put it on a foundation without a permit. · City Engineer Ilkka said he did not know for sure, but he would assume that they would have had to have a permit. · City Attorney Pace said she was advised by the Building Official that to install the foundation would have required a building permit. The fact that they can't find one doesn't mean there isn't one. · Councilmember Mader said he would not want to leave the impression that a house foundation was installed without a permit. He said he is not sure what the property- owner is comfortable with. He said he visited the property today and their property is flooded with stagnant water. He said it is clear that the only drainage is a culvert across Highway 13. He said it makes no sense to address the 100 year flood, if they have a pond in their back yard every time it rains. They will continue to see mud and debris in their yard. He said he did not know where the liabilities are. · City Engineer Ilkka said as the report points out, the water is standing at that elevation because the pond which all the water drains into is at such a high elevation and is land locked. 10697.DOC 9 Councilmember Mader said the water was higher than the pond level. He said on the east side the of culvert there is water standing and the pond is downhill from there. There is still stagnant water at both ends of the culvert and it is higher than the pond. City Engineer Ilkka said as of September 25th the elevation of the pond is 922.13. The invert elevation is 921.85 indicating there would still be standing water. · Councilmember Mader said he did not know what the elevation is now, but there is standing water in the pond. · City Engineer Ilkka said they would be happy to survey it again. · Councilmember Mader said their whole yard and beyond is under water. · City Engineer Ilkka said when the Lidners came to engineering in July with the problem of water in their basement, staff informed him that it was not feasible to keep water out of the yard completely, but they can keep the water out of the basement. · Councilmember Schenck asked if the Watershed or DNR had been brought in. · City Engineer Ilkka said no. · Councilmember Schenck asked about potential options to drain the Pond. · City Engineer Ilkka said the cheapest outlet would be to take it into Prior Lake. That was looked at as an altemative in option 4. · Councilmember Schenck asked if both the 24 and 15 inch culverts were cleaned. · City Engineer Ilkka said yes, 15" was cleaned by City staff, sediment is not the problem in the 24". · Councilmember Schenck said lets go on the belief that 24" was clean. Is grading an issue. · City Engineer Ilkka said the real problem is the pond. There will always be something coming in. · Councilmember Schenck said so this is the only way to keep it dry. · City Engineer Ilkka said we can keep the home dry with any one of the options, but cannot feasibly keep the property dry. · Councilmember Kedrowski said in reviewing the options and looking at the costs and liability involved with each, with number 5, it could be kept dry. Does anything need to be done to the back of the house? 10697.DOC 1 0 · City Engineer Ilkka said there will be water in the yard but not the house. · Councilmember Kedrowski asked about dredging the pond. City Engineer Ilkka said it is a natural pond, not man-made, but they could look at it. · Councilmember Kedrowski said he would support option 5 and suggested the City authorize half the expenditure to come from the sewer and water fund. · Mayor Andren said Council should take a step back. She said they would individually like to help these people. She said if he built it in 1981, what has been happening with this problem in last 15 years? In 1983 there was the highest water level in the lake, and she is surprised there is a house there. The lake got so high that people on the flood plane were getting flooded out. There was a controversy and around 1989 when Shore Trail had bituminous put in it and there was two hundred year floods back to back. There was water damage all over the City. People were living in the bluff areas where landscaping was washed into the lake. The culvert did not handle it. There were numerous residents in the Council Chambers that said the culvert did not work, and they were asking for assistance. The City did not create the problem, it was an act of nature. This is a policy issue. This house was placed adjacent to a natural pond. As much as on a personal level we would like to help, to establish a policy to help private property owners is a bad policy. The storm sewer fund is from other residents. This is a difficult problem, but she will not support funding from the City to pay for the project. · Councilmember Mader said it was his impression that the culvert was full of debris. He said while he would not be in favor of seeing the City spend $150,000 to correct it. He was not in favor of any of the options presented. He would recommend the staff take another look at the situation. It is one thing to talk about a hundred year flood but this was not much rain. He said he agreed the City cannot accept liability for each problem with each home, but last night was not a big rain and they have a stagnant pond in their yard. There may be some other way of dealing with it. It has collected water from the higher areas and doesn't leave the property. · Mayor Andren asked City Engineer Ilkka how much staff time has been utilized for this issue. · City Engineer Ilkka said approximately 40 hours · Mayor Andren said when staff spends that much time on a problem, it should be considered. She asked if these are all of the solutions that are feasible and if you went back and looked a third time, is there going to be anything different? · City Engineer Ilkka said no. As long as the pond is land-locked, there is no where for the water to go. 10697.DOC 11 · Mayor Andren said so it is a natural land-locked pond, and unless the City is going to spend public money to improve private property, then that is just the way it is. She said since the staff has used considerable amount of public time on the issue and we have been told that nothing more can be done, it needs to be put to rest. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ACCEPT OPTION 5 AS RECOMMENDED BY STAFF WHICH IS TO RECOMMEND HAVING THE SOUTH SIDE ENTRANCE BLOCKED TO FLOOD PROOF THE RESIDENCE AT THE EXPENSE OF THE HOMEOWNER. · Councilmember Mader asked that the homeowners be given the opportunity to express their viewpoint. · John Lidner said in July was the first hundred year rain and they had water in the basement. He said they had been in touch before with the City regarding water in the back yard. He said the culverts were dirty because the rain washed out two feet of silt. · Mrs. Lidner said they purchased the home two years ago and were not aware of the culvert. There was nothing mentioned about flooding. · Mr. Lidner said two gravel roads meet and water coming from Main Street flows over them. · Mayor Andren asked whether the former owner had disclosed the problem of water in the yard. She asked whether there could be private liability from the seller. · City Attorney Pace said she was not prepared to answer that. · Councilmember Mader said the prior owner was only in the house a couple months so he may have come and gone without experiencing the problem. · Mrs. Lidner said when they sat down with City Staff, the number five option was only a brainstorm. · Mayor Andren said they would continue to have the problem with water in their yard, as engineering had stated. · Mr. Lidner said there is a lower level laundry room, and there would be no way to move the washer/dryer from the basement to upstairs. · Councilmember Schenck said they must understand that it is difficult for the Council. He asked if the pond is backing into the yard. · Mr. Lidner said it's flowing from west to east. It first happened in July. · Councilmember Schenck said typically on private property, the City does not get involved. Their concern is the structure of home. There are other issues involved. 12 · Councilmember Kedrowski asked if there was any projection to pave the dirt road. · City Engineer Ilkka said it is not currently in the Capital Improvement Program. It would not reduce the amount of water coming in. It would improve erosion from the gravel road. · Mr. Lidner asked if they would put in curb and gutter along with the storm sewer. · City Engineer Ilkka said the storm water still has to go somewhere and the pond is its natural path. · City Manager Boyles said the Capital Improvement Program was for five years. Each year they update it because priorities change. He suggested the Lidners may wish to put a letter raising the issue. Hearings on the Capital Improvement Program are advertised in the Prior Lake American newspaper. · Mr. Lidner said they would continue to pursue alternative solutions and will contact an attorney. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Robbins and Schenck, nay Mader, the motion carded. MOTION BY SCHENCK SECOND BY KEDROWSKI TO DIRECT STAFF TO APPRISE THE WATERSHED AND DNR OF FINDINGS OF FACT AND OF THE BACKUP OF THE POND AND TO DETERMINE THEIR ANALYSIS, RECOMMENDATION, AND POSSIBLE COST PARTICIPATION. · Councilmember Schenck said the backing up of a DNR-protected pond may be a factor causing the problems. While it has been determined that it is not a City-caused condition. Whoever has control of the pond may be able to assume some responsibility for the situation. · Mayor Andren clarified the intent of the motion is to make whoever is associated with the pond aware of the situation and determine if they have any jurisdiction or liability associated with the pond. She asked if Councilmember Schenck meant using more staff time. Councilmember Schenck said no, just forwarding the appropriate letters to the DNR apprising them of the conditions and findings of fact, and seeking a possible resolution. · Mayor Andren suggested that the Lidner's contact Pat Lynch, the area hydrologist from the DNR. 10697.DOC 13 · Councilmember Robbins said those elevations and drawings would be useful to share with the hydrologist. Mr. Lidner said he had the blueprints. Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. 8. NEW BUSINESS: Comp Plan Amendment Zone Change Deerfield A. Consider Approval of Resolution 97-85 Approving an Amendment to the Comprehensive Plan, and Ordinance 97-17 Approving the Zone Change Request by Deerfield Development for the 260 Acres Located Directly South of the Waterfront Passage Business Park. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-85 APPROVING THE AMENDMENT TO THE COMPREHENSIVE PLAN. Councilmember Mader asked for clarification that it is rezoning according to a preliminary use map that Council saw. He asked what that was. · Mayor Andren said a few months ago, Deerfield Development presented Council with a map showing Council the concept plan drawing. She said Councilmember Mader was not at the meeting. · Councilmember Mader asked if annexation was now finished from a court standpoint or if it was still in limbo. · City Attomey Pace said the status of the incorporation and annexation were being appealed by the opponents. She said all of the parties have agreed to stay anything on the proceedings pending the outcome of the Municipal Board order for annexation of sixty acres on South Shore Drive. · Councilmember Mader said since it was still pending, and since he has been unable to get a resolution between plans discussed at a Council meeting and what was presented by the developer at a Spring Lake Township Public Hearing and what the Council was told and the Spring Lake Township residents were told were different. He said he would not support it until the issues were cleared up. · City Attorney Pace said when Spring Lake Township was denied incorporation, the Municipal Board acted to approve annexation. The courts will sustain the annexation. The Board's argument was that it was improperly before the board. She said it was her opinion that the City would prevail. 10697.DOC 14 · Mayor Andren said to clarify, they did come in and show the picture and the plan. The reason she supports the Deerfield annexation is because of the concept plan, low-medium density, and it meets the Met Council goal for liveable communities. This will add 58 acres to the business park rather than a potential for a hazardous waste transfer station. She said her vote will go to support it. She called the question. Upon a vote, ayes by Andren, Kedrowski, Robbins, and Schenck, nay Mader, the motion carded. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT ORDINANCE 97-17 APPROVING THE ZONE CHANGE REQUEST BY DEERFIELD DEVELOPMENT FOR THE 260 ACRES LOCATED DIRECTLY SOUTH OF THE WATERFRONT PASSAGE BUSINESS PARK. Upon a vote, ayes by Andren, Kedrowkski, Robbins, and Schenck, nay Mader, the motion carried. Wetland Replacement Res 97-89 B. Consider Approval of Resolution 97-89 Approving the Wetland Replacement Plan for Eagle Creek Villas Assisted Living Project. · City Manager Boyles introduced the item. It is before the City Council as the local government unit responsible for providing final approval. MOTION BY KEDROWSKI SECOND BY ROBBINS TO APPROVE RESOLUTION 97-89 APPROVING THE WETLAND REPLACEMENT PLAN FOR EAGLE CREEK VILLAS ASSISTED LIVING PROJECT. · Councilmember Schenck said the discussion earlier on the nature center mentioned wetland area. How does this action on this affect the ultimate goal of the learning center that we heard the presentation on? · City Manager Boyles said there would be no impact. · City Engineer Ilkka concurred. He said the wetlands will remain with the exception of a NURP pond close to the Priorwood/Five Hawks intersection. · Councilmember Schenck said as part of the Eagle Creek wetland area the developer wanted to use it as credit thereby allowing him to donate it to the City or School District. · Planning Director Rye said the discussion that Mr. Fosse was talking about was the idea that the wetland portion of the site north of the large pond by the school plus upland area would be used for density credit, not wetland credit. · Mayor Andren said we already approved the assisted living project. For the future, it would be beneficial to have mitigation of major wetlands associated with these projects at same time as the development plan. It would give the City Council more information and help to see if it would fit in. ~o697.I~OC 1 5 Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. Sterling South PUD Amendment C. Consider Approval of Resolution 97-86 Approving an Amendment to the Sterling South at the Wilds Planned Unit Development Plan to Allow Detached Single Family Dwellings. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE 97-86 APPROVING AN AMENDMENT TO THE STERLING SOUTH AT THE WILDS PLANNED UNIT DEVELOPMENT PLAN TO ALLOW DETACHED SINGLE FAMILY DWELLINGS. Councilmember Mader said so the only change is going from duplexes to single family units. He said he had no problem with that. Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. Water SCADA D. Consider Approval of Reconstruction of Wellhouse #3 and the Replacement of the Water SCADA system Prior to Construction of Well #6 MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RECONSTRUCTION OF WELLHOUSE #3 AND THE REPLACEMENT OF THE WATER SCADA SYSTEM PRIOR TO CONSTRUCTION OF WELL #6. · Councilmember Robbins asked for clarification of whether the reconstruction Wellhouse #3 eliminates well #6. · City Engineer Ilkka said that was the plan. · Councilmember Mader asked whether it was approval to proceed, or approval of plans. · City Engineer Ilkka said they would go through design and specifications and solicitation of bids before coming back to the Council. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. 9. ITEMS REMOVED FROM CONSENT AGENDA: A. Consider Approval of Resolution 97-84 Authorizing Award of Bid for Purchase and Installation of an In-Ground Irrigation System for the Pond's Park. Ponds Park Irrigation 10697.DOC 1 6 · Councilmember Mader asked about water restrictions and irrigation for Pond's Park. What is the financial benefit of the automated irrigation system. · Parks and Recreation Director Hokeness said typically the irrigation system runs on sensors, and you won't see irrigation systems running when it is raining. With the automated system, it helps maintain safe and playable athletic fields. The parks have control over the system. From an economic and environmental standpoint, it cuts down on weeds, reduces liability, makes the fields more playable and makes the park a safer place for all users. · Councilmember Mader asked if other communities around the area had irrigation systems. · Parks and Recreation Director Hokeness said most if not all communities around have irrigation systems on their major play-fields. This is not for every single ball diamond and play-field in the City, just for major complexes. MOTION BY MADER SECOND BY SCHENCK TO APPROVE RESOLUTION 97-84 AUTHORIZING AWARD OF BID FOR PURCHASE AND INSTALLATION OF AN IN- GROUND IRRIGATION SYSTEM FOR THE POND'S PARK. · Mayor Andren asked for clarification whether this was part of the referendum. · Parks and Recreation Director Hokeness said yes. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 10. OTHER BUSINESS: · City Manager Boyles addressed the proposed public improvement projects for 1998 which were incorporated into the Update. He is seeking direction from the Council. · Councilmember Kedrowski said it was overdue for the City Council to have an informal workshop once a month in addition to the Council meetings to discuss policy issues. · Councilmember Schenck said it could not be before the second City Council meeting because of the Economic Development Authority. MOTION BY KEDROWSKI SECOND BY SCHENCK TO HAVE WORKSHOPS AS NECESSARY FOR POLICY DISCUSSIONS POLICY WORKSHOPS Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. · Councilmember Schenck said so then it would be on October 13th, next Monday. · City Manager Boyles said if Councilmembers can make it. 10697.DOC 17 City Attorney Pace said one thing to consider is to establish a specific date but that everyone will know when it is scheduled. If it is established as a regular meeting, will there be voting? She said her particular concern is with the open meeting law and notice required. · Mayor Andren said her vision is for a general policy discussion. She said they had never voted at a workshop and should not. Just have discussion and if there is information needed, then they can decide at the Council table. We should establish a date certain because of the open meeting law. · Councilmember Mader said so there will be three Council meetings instead of two. · Mayor Andren said it may not be necessary. · Councilmember Mader said his concern was with publishing a meeting when there is not certainty that there will be one. · City Manager Boyles said he agrees they should not waste time. There is no lack of issues. for example with respect to '98 projects. Those require detailed discussions. The City Code needs updating, which is also a very detailed process. The staff would prepare a report on issues and questions for direction and clarification. · Mayor Andren said with great changes coming January 1, there will be a lot to talk about. There may be people without background and history who will have a lot of questions. She suggested the Council look into a policy meeting. Otherwise the meetings will go to midnight or one in the morning. She said they may want to define the meetings. If the Council is going to intermingle policy discussions, they will be here a long time and get very little accomplished. MOTION KEDROWSKI SECOND SCHENCK TO HAVE 2ND MONDAY OF MONTH AS POLICY MEETING FOR COUNCIL. · Councilmember Mader said then that would be three Mondays in a row where they would be obligated. He said he could set aside the time but they shouldn't automatically make it the second Monday. Upon a vote, ayes by Andren, Kedrowski, Robbins, and Schenck, nay Mader, the motion carded. BIKE TRACK · Councilmember Mader said in the October 3rd Update there was reference to the Motorized Bike Track issue. He said in talking to people in the area, they felt it should qualify as a public nuisance. He said it was an area of nice homes surrounding a field with a dirt bike track. He said he sat in the front yard of one of the families while there were dirt bikes going around. He said he thinks the City has a public nuisance law. · City Attorney Pace said she advised Acting Police Chief Schmidt and the City Manager. She said several Councilmembers contacted her about it as well. She said while it may be a nuisance to property owners, it doesn't fall under our ordinances and it may be a private issue that they have to pursue on their own. In terms of noise limitations, nothing indicates 10697.DOC 18 that it is violating the PCA. She said they can't set more stringent standards. They could ask the PCA to come out and measure decibels during the activity. · Councilmember Mader said he wanted to know if it was a public nuisance or not. · City Attorney Pace said when she was asked, she had no information, and this is residentially zoned property, and if it is being used for commercial purpose, it may be different. · Councilmember Mader asked about the September 26 Update with litigation issues, and whether the Council was planning to go into executive session at an upcoming meeting. Dunn · City Attorney Pace said the first issue Campbell Knutson is not handling. She said the Dunn issue is being prepared for trial, and Campbell Knutson will more than likely not recommend accepting the offer as it presently stands. Pavek · Councilmember Mader, asked about storm sewer installation with Paveks. He said the City's position was no obligation to put in storm sewer. He said there was other reference that a previous City Engineer had committed to do that. · City Engineer Ilkka said a year ago he was not on staff. There was the option of an easement with an open ditch or storm sewer. He assumed it was the residents' choice. They approached City wanting them to pay for it. The City took the position that they were not under obligation to pay for it. The Planning Department has sent them a letter, and they have not heard from the property owners. · Councilmember Mader asked about a Memo from John Wingard, past Assistant City Engineer, saying the City would pay for storm sewer. · City Engineer Ilkka said that was a memo from Mr. Wingard to the Planning or Building department. He said whether City was under obligation to pay, he does not believe so. · Councilmember Mader said there seems to be reference to a memo saying the City would pay for it. That was not included in the update, so he does not know. He asked if he could get a copy of that memo from Mr. Wingard dated September 4, 1996. · Mayor Andren asked whether the memo went out and whether it went to the Planning Commission. · City Engineer Ilkka said the memo went out to the Planning or Building department. · Mayor Andren she had one other thing that may be helpful. She said a few years ago they used to get agenda packets Thursday nights. She said it was changed to Wednesday evening so that if there was anything missing, Council could contact staff. She said in the future she suggested any Councilmember missing pieces of the packet should call staff rather than request to defer it for two weeks. MOTION BY ANDREN SECOND BY SCHENCK TO ADJOURN THE MEETING 10697.DOC 19 Upon a vote,.~es by/~ren, Kedrowski, Mader, Robbins, and Schenck, the meeting adjo~ed a~l 3. l/ Recording Secretary 20