HomeMy WebLinkAboutAgenda & Minutes
7:00 p.m. FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: Tuesday, January 20, 1998
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 Treasurer's Report.
C. Consider Approval of Animal Warden Report for December, 1997.
D. Consider Approval of Fire Call Report for Year-End, 1997
E. Consider Approval of Building Permit Reports for December, 1997 and Year-End,
1997.
F. Consider Approval of Resolution 98-XX Approving Prior Lake Lions Club Premise
Permit for Lawful Gambling.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A. There are no Presentations
7. PUBLIC HEARINGS:
A. There are no Public Hearings.
8. OLD BUSINESS:
A. Consider Approval of Ordinance 98-XX Amending the Zoning Ordinance
Procedures for Determining Bluff Setbacks.
B. Consider Approval of Report Regarding City Council Applicants and Proposed
Selection Process.
9. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX Authorizing a Firm to Provide Design,
Engineering, and Architectural Services for the Redevelopment of Lakefront Park
and the Development of a Community Park / Athletic Complex.
B. Consider Approval of Authorization to Execute Planning Grant Agreement with the
Metropolitan Council for Comprehensive Plan Update.
16~~gle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
C. Consider Approval of Agenda for 1998 City Council Workshop.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
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TO:
FROM:
SUBJECT:
DATE:
Mayor and City Councilm.:.ufbtS\ \
Frank Boyles, City Manager' ^ f\
January 5, 1998 City Council Minutes
January 14, 1998
As an experiment and discussion topic we have prepared two versions of the January 5,
1998 City Council minutes. The longer version (18 pages) is consistent with the minutes
we have produced in the past and with previous Council direction, which requested
detailed minutes. The shorter version (12 pages) is an effort to determine how much is
"lost" by condensing the minutes.
The Council could discuss this subject, if it wishes, either at the January 20, 1998 Council
meeting or at the annual retreat on February 13 and 14.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Date: January 5, 1998
TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader,
ouncilmembers Kedrowski, Petersen, and Schenck, City Manager Boyles, City Attorney Pace, Assistant City
Manager Woodson, Finance Director Teschner, Parks and Recreation Director Hokeness, City Engineer Ilkka,
Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, Recording Secretary Oden.
2. A) OATH OF OFFICE:
.
Mayor Wes Mader
Councilinember Jim Petersen
Councilmember Pete Schenck
.
.
. City Manager Boyles administered the Oath of Office. Mayor Wes Mader, Councilmember Jim Petersen, and
Councilmember Pete Schenck were sworn in as elected officials.
B) PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the
meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. December 3, 1997 Truth in Taxation
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE DECEMBER 3, 1997 TRUTH
IN TAXATION HEARING MINUTES.
Upon a vote, ayes by Kedrowski, Mader, and Schenck, abstention Petersen, the motion carried.
B. December 15, 1997 Regular City Council Meeting
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE DECEMBER 15, 1997 CITY
COUNCIL MEETING MINUTES.
Upon a vote, ayes by Kedrowski, Mader, and Schenck, abstention Petersen, the motion carried.
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Resolution 98-01 Overturning the Decision of the Planning Commission
Denying A Variance Request By Brian Mattson to the Side Yard Setback for Driveway and
Impervious Surface for Property Located at 16575 Inguadona Beach Circle.
C. Consider Approval of Resolution 98-02 Authorizing The Execution of the 1998 Joint Powers
Agreement for Traffic Markings, Street Sweeping, Crack Sealing, and Seal Coating.
. Mayor Mader requested the removal of items A and B.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CONSENT AGENDA ITEM C.
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck the motion carried.
. Councilmember Kedrowski requested that item 4B be heard immediately since the applicants were in the
audience.
16~gle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42"\5
AN EQUAL OPPORTL:'-lITY E~IPLOYER
· Item 4B. Consider Approval of Resolution 98-01 Overturning the Decision of the Planning Commission
Denying A Variance Request By Brian Mattson to the Side Yard Setbackfor Driveway and Impervious Surface
for Property Located at 16575 Inguadona Beach Circle
· City Manager Boyles introduced the item. It was first considered in December, and the Council elected to
defer the issue. The staff was directed to check with the DNR to determine whether a solution for drainage
could be found.
· Councilmember Petersen said it appears the objective was to move water off the street. The purpose of a trench
is to move water into street.
· Planner Tovar said the trench would hold the water on the property so it would not run to the adjacent
property. She said with the aggregate trench, the water would percolate into the soil before moving to the
street.
. Councilmember Petersen asked if there will be no additional runoff?
· Planner Tovar said the DNR letter indicated drainage will improve with a trench. Additional runoff from the
driveway can be diverted into the trench.
· Councilmember Schenck said he visited the property, and it is a hard-packed surface. It will increase the runoff
remarkably. That whole street needs help. He said if they are allowed to move forward and we have another
house slide what does that do to our liability?
. Planner Tovar said this is not a lake lot.
. Councilmember Schenck said to the north it is.
· City Attorney Pace said the Council needs to act reasonably on the information before it. The Council has
information from the DNR with expertise in hydrology, and the DNR is satisfied with the proposed design. If
the Council chooses to rely on the DNR, it should be OK.
. Councilmember Schenck asked what is the City's influence on the homeowner's association?
. Planner Tovar said none, it is a private street.
. Mayor Mader said the request for the variance was in November. He asked if the sixty days extension was
granted.
. Planner Tovar said yes.
. Mayor Mader asked if adjacent property owners received notification.
. Planner Tovar said yes.
. Mayor Mader asked whether by granting this variance there would be more water on the street or a likelihood
of more water on the lake side of the street? An adjacent property owner said he was having problems.
. Planner Tovar said she did not have the specifics to answer that.
. Mayor Mader asked if City Engineer Ilkka would answer the question.
. City Engineer Ilkka said his opinion is that potential for increased runoff to the north is minor and potentially
evens out.
. Mayor Mader asked if that was across the street or the adjacent property.
IS98.DOC 2
. City Engineer Ilkka said it was the adjacent property.
. Mayor Mader said his concern was with the parcel across the street.
!' City Engineer Ilkka said he could not answer that.
. Councilmember Schenck asked whether the vacant land is buildable.
. Planner Tovar, said yes, it is an existing lot.
. Councilmember Schenck asked whether this decision will reflect any future variance for the adjacent land.
. City Attorney Pace said no. All property is relatively unique. The focus on the issue is the criteria for granting
a variance. It is one particular property. The decision is whether they concur with the Planning Commission.
. Planner Tovar said the existing driveway is over 20 feet wide. The applicant is proposing a seven foot wide
drive.
. Mayor Mader asked City Attorney Pace whether the Planning Commission made a valid decision. He said
there was a potential effect on adjacent property. He said it seems a drainage ditch would tend to provide a
water channel and provide access for water to get to the soil level below. He asked about the tile line and
whether it would percolate.
. Planner Tovar said perforated plastic tile would let overflow go into the street
. Mayor Mader said at the expense of those across the street.
. City Manager Boyles said if the primary concern is perforated tile, it is permissive and not mandatory. Council
could amend #5 on page 3 of the resolution. Removal of number 5 would address the issue.
. Mayor Mader asked City Engineer Ilkka what is his perception? He asked if the water would move quickly to
the street and create a problem.
. City Engineer Ilkka said water would flow to north before it would go across the street.
. Mayor Mader asked about storage of snow in the front yard.
. Planner Tovar said a six foot fence will stop at the front of the house. There is an area in the front yard to store
snow.
. Mayor Mader said but what if the fence would not go from the front of house to the street. The resolution says
the applicant will keep and store snow especially in the front yard.
. City Attorney Pace said it was to store all snow from his property on his property.
. Mayor Mader said some fences function as a snow fence which produces a drift on one side and could intrude
on the neighbor's property. He asked Planner Tovar for clarification.
. Planner Tovar said she had no opinion on snow fences.
. Mayor Mader repeated the question to City Engineer Ilkka.
. City Engineer Ilkka said in general the percent of open space and width and height of fence would determine
how much snow would go through.
. Mayor Mader said the questions were the snow on the property, the snow fence, and whether the perforated
tile should be left out.
IS98.DOC 3
MOTION BY KEDROWSKI SECOND BY PETERSON TO APPROVE RESOLUTION 98-01
ELIMINATING SNOW FENCE AND CHANGING LANGUAGE TO "KEEPING SNOW ON PROPERTY"
VERSUS "ESPECIALLY FRONT YARD" AND LEAVE #5, PERFORATED TILE IN THE TRENCH IN
AS AN OPTIONAL NOT MANDATED ITEM.
Upon a vote, ayes by Mader, Kedrowski, Petersen, nay Schenck, the motion carried.
5. PRESENTATIONS:
A. Consider Presentation by Hillcrest Home Representatives Supporting an Appeal from the Decision of
the Zoning Officer Relating to Bluff and Top of Bluff.
· City Manager Boyles introduced the item. Because the new zoning ordinance has not yet been adopted, and
the new ordinance would render this request moot, Hillcrest Homes representatives wanted to address the City
Council as an information item.
· Jim Albers of 14992 Storm Circle, representing Hillcrest Homes, addressed the Council. He said on October
31st, they asked the Planning Staff to identify the legal building envelope. This is an appeal to the zoning
officer. On November 10th they were heard by the Planning Commission and the Planning Commission voted
in support of staff's recommendation. He said an ambiguity in the bluff ordinance is created by the words
"shall not" which appear in the ordinance. He read the ordinance from the Prior Lake City Code. He presented
a diagram showing the lot and where the water and sewer were fed into the lot.
· Mayor Mader asked if the existing house had been removed.
· Mr. Albers said the removal started today. He showed another diagram of the lake end of the lot. He showed
where the lot, a flight of stairs, and the portion the surveyor has identified as top of bluff. He identified one
foot elevation marks. He said the existing house was there since 1950. The neighboring house was to the west.
He said the Planning staff wants the new house to go behind the neighboring house.
. Mayor Mader asked about the red lines on the map.
· Mr. Albers said it showed where the pending zoning ordinance provisions on the bluff would place the house.
He identified what staff identified as top of bluff and where staff would have Hillcrest put the house. Mr.
Albers handed out a scale drawing of a cross section of the east side of the property. He said the red area was
30% or greater slope. The yellow area was 50 feet with a slope of 18% or less. The existing structure in
relation to the Ordinary High Water Mark is 46 feet from the 904 line. He would like to build 101 feet from
the 904 line. Staff wants Hillcrest to build 128 feet from the 904 line. He said staff changed its application of
current ordinance. He said all diagrams he prepared were from information he got from staff. He showed
another map of a project on 5600 Fairlawn Shores. He said the staff report overlooked a bluff impact issue.
He showed lot 22 which had a permit approved. The red and yellow zone overlap. It has a visually identified
top of bank. If staff correctly applied the ordinance, the homeowners would not have been able to build on that
lot. The staff would like Council to believe they did not know this. The builder had to reconstruct the bluff to
satisfy City zoning, planning, and building. He said City Staff visited the site and should have applied it in
their situation as well.
· Mr. Albers handed out transparencies. He highlighted in dark red where the staff wanted him to build. He said
the Red Oaks site was above his elevation and showed the red line where to build. He went through all
transparencies. He pointed out a site that should have had a variance. He pointed out a setback within the bluff
area, and showed four lots that were within the bluff area. He said staff's previous interpretation was that the
surveyor marked top of bank and then marked 30 foot setback. Now they have included the slope of 18% or
less. He said the Planning Staff would like them to believe it was one issue. He said there were issues of
whether the current ordinance was ambiguous. He said staff has carelessly and inconsistently applied the
ordinance. He said they believe the problem is the ordinance. He requested the Council take immediate action
on the appeal.
IS98.DOC 4
. Planning Director Rye said in these cases the bluff ordinance was overlooked. In two others, the reference to
the surveyor's indication of top of bank was accepted by staff as proper and correct information, and turned
out to be inaccurate.
. Mayor Mader said it was perplexing to know how to respond to it. He said the information presented makes it
clear that Hillcrest Homes had one set of information and others had another. He said the issue of granting
variances includes hardship issues. At this time the ordinance does not exist. A fourth question he had was in
the case of the bluff ordinance as it originally existed what was its primary purpose.
. Planning Director Rye said there were two major criteria, slope stability and water quality. Appearance of lake
shore from lake is another criteria.
. Mayor Mader asked City Engineer Ilkka whether there was engineering software that dealt with slope design.
He asked how much of an effort would it take to verify whether the proposed house location would create
landslide?
. City Engineer Ilkka said he would be reluctant to take it on in-house.
. Mayor Mader said it would appear from the proposal that the location of the house is positive. He said the
distance from the lake should not contribute to the landslide. He would like City Engineer Ilkka to confirm that
there won't be a landslide and bring the issue to the next meeting.
. City Attorney Pace said there are two things happening. She said the applicant has not requested a variance.
She said the question is whether or not the Council concurs with the staffs interpretation of the bluff
ordinance.
. Mayor Mader said his interpretation is that while the ordinance is not clear, staff is correctly interpreting it.
The DNR agreed with the interpretation. He said he would rather deal with a variance.
. City Attorney Pace said the alternative is to adopt the bluff ordinance before adopting zoning ordinance.
. Councilmember Kedrowski said his problem with that is when asking for some interpretations to be brought in
from the City Engineer, the question is whether it is a realistic time1ine for adoption of the ordinance.
. Mr. Albers said that his examples of Bluff mentioned earlier were not the only ones. He said what concerns
him is the current application could render 20-25% of the houses on the lake non-conforming. He said staff
was applying an extreme application of its interpretation. The DNR revised theirs in 1991 to include visual top
of bank. The City's ordinance does not. He said the other thing was the sewer comes in on the lake side of the
house. The demolition was scheduled over a month ago. He said it was needlessly delayed by something that is
going to happen anyway. He requested the Council act to allow Hillcrest to proceed based on past applications
of ordinance.
. City Attorney Pace suggested acceleration by creating a Bluff Ordinance that would no longer be part of
zoning ordinance, or applying for a variance.
. Mayor Mader said the fact that staff mistakenly interpreted the ordinance doesn't mean it should duplicate the
mistake. He said staff could bring a Bluff ordinance to the next Council meeting. He said one of the things
they discussed at a workshop is technical provisions that prevent landslides into the lake. He asked City
Engineer Ilkka how long it would take to address soil provisions.
. City Engineer Ilkka said the concern is every lake lot has a different soil type.
. Planning Director Rye said another approach is to identify certain parameters, and require certification from
the applicant's engineer that satisfies design criteria.
1598,DOC 5
· Mayor Mader said it could set worse-case situation such as sand, in the event a particular site has better soil
conditions. With all of the discussion and proposals, none of them have gone through Engineering.
· Planning Director Rye said keep in mind when the DNR set standards it reviewed slope stability issues, and
that is available.
· Councilmember Kedrowski said looking at the ordinance, he did not want to make it so technical and
cumbersome to be able to do anything.
. Mayor Mader said what he would suggest is that between now and the next meeting that Planning and
Engineering bring a revised ordinance dealing with the slope in the Lake shore area.
MOTION BY MADER SECOND BY SCHENCK TO DIRECT STAFF TO REVISE BLUFF ORDINANCE
TO REFLECT SLOPE REQUIREMENTS' IN THE LAKE SHORE AREA AND RETURN TO THE CITY
COUNCIL AT THE JANUARY 20TH MEETING.
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck, the motion carried.
6. PUBLIC HEARINGS:
A. Public Hearing on the Implementation and Results of an Economic Development Grant from the
Minnesota Department of Trade and Economic Development and Transmitting Semiannual Progress
Report.
· City Manager Boyles introduced the item. He said a report was submitted in case the public has issues or
concerns.
· Mayor Mader opened the public hearing. He asked if there were any comments from the public. There were
none.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO CLOSE THE PUBLIC HEARING.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE IMPLEMENTATION AND
RESULTS OF AN ECONOMIC DEVELOPMENT GRANT FROM THE MINNESOTA DEPARTMENT OF
TRADE AND ECONOMIC DEVELOPMENT.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
B. Tax Increment Financing Hearings to Consider:
1) Approval of Resolution 98-03 Approving Modification of Tax Increment Financing District
2-1 Relating to Keyland Homes
2) Approval of Resolution 98-04 Approving Modification of Tax Increment Financing District
No. 2-6 Relating to NBC Products, Inc.
3) Approval of Resolution 98-05 Approving the Creation of Tax Increment Financing District
2-9 Relating to Roberts Foods.
. City Manager Boyles introduced the item. He said modifying TIF district 2-1 would allow for the acquisition
of a property by Keyland Homes and another 15,000 square foot building. The 2-6 modification involves NBC
products, 1.03 acres to an existing 2 acre parcel. The law requires a ten day notice, which has been given. The
modification of new districts require the school district and County be advised. He asked Consultant Guenette
to comment. The EDA has reviewed and recommended the proposals.
. Consultant Guenette reviewed the location of the proposed TIF districts, modifying 2-1 and 2-6. TIF 2-1
covers a 1.7 acre piece. The developer wants to add the 1/2 acre piece. In the 2-1 proposal the developer wants
to acquire 1/2 acre, and will purchase it at $2.04 per square foot, $250, initially, and $10,000 over next several
years. In exchange for negotiated purchase, the developer wants the City to expand the TIF district established
IS98.DOC 6
in 1993. It would terminate in the year 2003. There is approximately six years left on the life of the district.
Key1and Homes does not have a defInitive date. In exchange for the purchase agreement, the City would
expand TIF at some point in next four years. He said the developer would expand between 5,000 and 15,000
square feet.
. Mayor Mader asked about TIF 2-1, page 7. The $66,531 is City's cost through the period of time that it is in a
TIP District.
. Consultant Guenette said that represents the purchase price plus interest carrying cost plus administrative
expense.
. Mayor Mader said in item 8, with the initial fmancing and the developer payments, he did not understand the
difference between the numbers.
. Consultant Guenette said if the developer expands, there will be a net TIF generated which the developer could
use to expand.
. Mayor Mader said so in the meantime the developer is not investing anything.
. Consultant Guenette said the developer has made a down payment. He said it is unlikely the property owner to
the east would want the piece because of its configuration.
. Mayor Mader asked is the developer getting the land without investing any money if he doesn't build on it? It
appears he is getting the land at zero cost.
. Consultant Guenette said no because ifhe doesn't build he pays $66,000.
. Mayor Mader said it appears it took 7 years to get the investment back to break even. He said what is the
return on the investment to the Citizens?
. Consultant Guenette said the return is 6% because of the interest cost. That is the only fmancia1 return specific
to the transaction.
. Mayor Mader asked is this the best price that could be obtained by this company?
. Consultant Guenette said it has been awhile since an appraisal, but it would be about $1.50 per square foot. He
said the developer is paying $2.04 per square foot plus interest.
. Mayor Mader asked if they build right away they will invest none of the money?
. Consultant Guenette said they will generate net revenues, and still have a $40,000 investment.
. Mayor Mader said after 2003, when City has got the $66,000 back, what is the projected return?
. Consultant Guenette said assuming everything remains constant, the City share of the projected increment is
$8,200. That is shown on 12.
. Mayor Mader asked what is the modification?
. Consultant Guenette said $2,000.
. Mayor Mader said he had diffIculty with a $66,000 investment and a $2,000 return after that.
. Consultant Guenette said the City invested already with land and with infrastructure, and it would be hard to
fmd someone who will give them $66,000 for it. Commercial industrial development burden falls on the
Cities. Counties do not contribute to industrial parks, neither do school districts. The City has the least share of
the ta.x dollars with most of the burden. He said the land had a lot of swamp-like conditions. He said
1598.DOC 7
development would not occur on the remaining parcel without incentive. It is necessary because they are in a
competitive situation. Communities are providing development incentives. The largest is 4.5 acres lot. Small
business are buying the small plots. Small businesses provide the greatest number of job growth, but are most
strapped for capital. Land is one of the cheapest portions of the cost.
· Mayor Mader said it doesn't answer what do the taxpayers get out of it. He said Park Nicollet built on a piece
ofland and did not ask for money. The new Lemke business center was done without expense to City. He said
he did not want to second guess the business park, but how do they call it tax relief when we are investing
$66,000?
· Consultant Guenette said commercial development is market driven versus industrial with parameters other
than population base.
· Finance Director Teschner said with respect to the $66,000 the out of pocket cost to the City is the $9,500
administration fee. The other $10,000 is investment income. If City can't sell outright, it would not gain any of
the investment income. Based upon decision made several years ago to invest in business office park, if the
investment had not been made, he could understand Mader's questions. He said the City already paid the
investment.
· City Manager Boyles said consider 2004, one year after the TIF is done, all of the money goes to the taxing
bodies thereafter. The School District and County will receive significant taxes. The City's portion is not
significant.
· Mayor Mader said since it was a public hearing did anyone want to speak?
· Jeff Wallis said from his standpoint the development would not have happened except for TIF. He said his
clients could have been in any City. He had to consider many different cities. It is not an exaggeration that
industrial use is different than commercial because they are where they want. He said he agreed with Roger
that the last remaining 1/2 acre if it is not sold to Keyland would have not value to others.
· Mayor Mader asked about a response from the County and the School district.
· Consultant Guenette said the County and the School have responded verbally. In March of 1993 when the
plan for the Waterfront District was laid out, the plan was to consider TIF. They are all well informed.
· Mayor Mader said do we or don't we have written comment.
· Consultant Guenette said they do not have a written comments on these specific booklets.
· 6-B #2; 2-6. Approval of Resolution 98-04 Approving Modification of Tax Increment Financing District No. 2-
6 Relating to NBC Products, Inc.
· Consultant Guenette said it was approximately one acre south of the 2-acre parcel owned by NBC. He said the
purchase price would be $44,000 or $1 per square foot. The City would receive $12,000 more than what was
previously being generated.
· Mayor Mader said on page 7 of the original budget, it appears the developer paid nothing.
· Consultant Guenette said the developer paid $1 per square foot for the acquisition.
· Mayor Mader said in the property acquisition, when does the City recover its investment?
· Consultant Guenette said at the end of 2005. The EDA will generate a profit of $98,000.
· Mayor Mader said then what is the income level?
I 598.DOC 8
. Consultant Guenette said the City share of the expanded project is $10,800 per year. $4000 of that is from the
expanSIOn.
. Mayor Mader said he continues to have problems with TIF. How can they calculate tax relief when the City's
contribution on the project is $40,000, and after that there is $10,800 in tax benefit. If the City could put
money in the bank it would be better off.
. Consultant Guenette said he has had COmments but not specific written comments on specific booklets
MOTION BY SCHENCK SECOND BY KEDROWSKI TO CLOSE THE PUBLIC HEARINGS ON 2-1,2-6
AND CONTINUE 2-9 TO FEBRUARY 2.
Upon a vote, ayes by Kedrowski, Schenck, Mader and Petersen, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-03 APPROVING
MODIFICATION OF TIF DISTRICT 2-1 WITH THE AMENDMENT OF REMOVING THE 7TH
WHEREAS HAVING TO DO WITH COMMENTS RECEIVED BY THE SCHOOL DISTRICT AND
COUNTY.
Upon a vote, ayes by Kedrowski, Schenck, Mader, and Petersen, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-04 APPROVING
THE MODIFICATION OF TIF DISTRICT 2-6 WITH THE AMENDMENT OF REMOVING THE 7TH
WHEREAS HA VING TO DO WITH COMMENTS RECEIVED BY THE SCHOOL DISTRICT AND
COUNTY.
Upon a vote, ayes by Kedrowski, Schenck, Mader, and Petersen, the motion carried.
7. OLD BUSINESS:
A. Consider Approval of Resolution 98-06 Authorizing Award-of-Bid for 4WD Articulating Tractor and
Attachments.
. City Manager Boyles introduced the item. He said this item is included as part of the equipment replacement
fund. The resolution authorizing the purchase is attached. There are 23 miles of trails that need to be
maintained, up seven miles from the previous year. They are presently maintained with pick-ups, brooms and
blowers. The equipment being considered this evening is far more capable. It can clean in 6 hours what other
equipment cleans in 8 hours. The replacement of TORO brooms and blowers will be reduced, saving $3,500
per year.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-06
AUTHORIZING AWARD OF BID FOR 4WD ARTICULATING TRACTOR AND A TIACHMENTS.
. Councilmember Petersen pointed out there was no snow, and perhaps we should wait.
. Parks and Recreation Director Hokeness said the department can use their attachments for mowing ditches,
herbicide spraying, and milling blacktop. It is not just for plowing.
. Mayor Mader asked how many TORO units the City owned.
. Parks and Recreation Director Hokeness said 4-5. He would like to convert 3 over.
. Mayor Mader asked if anyone has attempted to calculate the return for the investment?
. Parks and Recreation Director Hokeness said on a 2-4 inch snowfall it would cut time from 8 hours to six. The
department can't run pickups that fast. There will be savings on the down time. There will be savings for fuel,
lS98.DOC 9
employees' backs and heads. He said Prior Lake is the only community that he is aware of that maintains
trails that does not use this piece of equipment.
. Mayor Mader said he will support this item, although he has difficulty because he is bothered by the lack of
data on the return of the City's investment. He said he could not tell the dollar amount of the return on the
investment.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
B. Consider Approval of Report on 1997 Directives.
MOTION BY KEDROWSKI SECOND By' SCHENCK TO ADOPT THE 1997 DIRECTIVES.
. Councilmember Kedrowski said it didn't make sense to hold a hearing on the amphitheater issue since the
City could do nothing and had no impact on the issue.
. Councilmember Schenck agreed. He said it was a County issue and it should remain a County issue.
. City Manager Boyles said he was unsure ifhe committed to holding a hearing in the letters to residents.
. Councilmember Petersen said traffic will have an impact.
. Councilmember Schenck said the City is not here to influence the County or other cities.
. Councilmember Kedrowski suggested they table that one directive so staff can look at it and put it in the
Update.
. Councilmember Mader said he recalled the Council unanimously passed a motion to hold a town meeting. He
said he personally told everyone who called him.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE DIRECTIVE 97-50 AND 97-54 TO
DETERMINE IF A TOWN MEETING WILL BE HELD.
. Mayor Mader asked about 97-13, investigating private and public streets. He said the Fire Chief gave a report
but he was unsure of the action as a result of that.
. City Engineer Ilkka said he could fmd out.
. Mayor Mader asked about 97-37, prepare clarifications to rneanings in City Flood Plain Ordinance for
distribution to those affected by it.
. City Manager Boyles said there is a notice at the front counter.
. Mayor Mader asked if there was a list of properties below the flood plain.
. City Manager Boyles said yes.
. Mayor Mader called the question.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
8. NEW BUSINESS:
A. Consider Approval of Appointments and Bylaw Revisions for 1998
City Manager Boyles introduced the item. He said under the bylaws, the Council is required to accomplish
various appointments as outlined in the agenda report.
1598.DOC
10
MOTION BY SCHENCK SECOND BY MADER TO APPOINT COUNCILMEMBER KEDROWSKI AS
ACTING MAYOR.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE PRIOR LAKE AMERICAN AS THE
OFFICIAL NEWSPAPER.
. Councilmember Mader said the Prior Lake American accepts materials on disks which reduces the cost of
publishing. The City should take advantage of that service.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE PRIOR LAKE STATE BANK
AS THE OFFICIAL BANK.
. Mayor Mader asked who makes the decisions of where the investment funds go.
. City Manager Boyles said Finance Director Teschner. Over 1997, the earnings of all investments totaled over
$750,000 in various locations.
. Mayor Mader asked if the City invested CD's directly or used an advisor.
. City Manager Boyles said the Council elected to have staff do it.
. Mayor Mader asked do they get quotes from other banks?
. City Manager Boyles said considering the cost of change, the City has not.
. Finance Director Teschner said with the interest rate on checking, the investment income is nominal.
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPOINT THE ENTIRE CITY COUNCIL AS
THE EQUALIZATION COMM111hE.
Upon a vote ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO CONFIRM APPOINTMENT OF DA VE
CHROMY AS FIRE CHIEF, AND BRUCE SAMES AND MARK FREID ERICH AS ASSISTANT FIRE
CHIEFS.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPOINT ABDO ABDO AND EICK AS THE
CITY'S 1998 AUDITING FIRM.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE STEVE MA TISON AS FISCAL
CONSULTANT FOR 1998.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPOINT BILL O'ROURKE, POLICE CHIEF,
AS CIVIL DEFENSE DIRECTOR.
lS98.DOC
11
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE PARK NICOLLET AS THE
HEALTH OFFICIAL FOR THE CITY OF PRIOR LAKE.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE ADVISORY BODY BYLAWS
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
· City Manager Boyles said there were several minor changes to the City Council Bylaws such as the Table of
Contents page references, on Page 5 anildditional item was added for annual meeting-special assessment
committee appointment. Finally, items pulled from the consent agenda would be considered immediately after
the consent agenda.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE BYLAW CHANGES AND
CONTINUE THE DISCUSSION AT THE FEBRUARY MEETING.
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE BOB MCALLISTER AS THE
ANIMAL CONTROL OFFICER.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY PETERSEN TO APPOINT MADER AND KEDROWSKI AS
SPECIAL ASSESSMENT COMMITTEE.
Upon a vote, ayes by Kedrowski, Mader, Petersen and Schenck, the motion carried.
· City Manager Boyles said the MVTA needed two representatives. Assistant City Manager Woodson is the staff
representative and Councilmember Kedrowski has been the elected member. Councilmember Kedrowski
would like someone else to serve.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO DEFER THE ITEM TO THE FEBRUARY
WORKSHOP.
Upon a vote, ayes by Kedrowski, Mader, and Petersen, nay Schenck the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPOINT JEANNIE ROBBINS TO THE
VACANT COUNCIL POSITION.
· Councilmember Kedrowski said it was public mandate and it was an issue of gender also.
· Councilmember Schenck said the appointment of Jeannie takes it out of Council's hands and put it in the
Public's hands where it belongs.
. Mayor Mader said he would not support that because they have filled appointments in the past by announcing
a vacancy and allowing people to submit letters of interest. He said he would not support it.
. Mayor Mader called the question.
Upon a vote, ayes by Kedrowski and Schenck, nays Mader and Petersen, the motion failed.
. Mayor Mader said they could review the applications and come to majority decision.
1598.DOC 12
. Councilmember Kedrowski asked if the review process would involve all four Councilmembers?
. Councilmember Mader said that would be a Council decision. It could be a public meeting. Alternatively, the
Council could interview who they want.
. Councilmember Kedrowski said if one Councilmember interviews an applicant then they all should. Maybe it
could be a Saturday where they bring in all of the applicants.
MOTION BY MADER SECOND BY KEDROWSKI TO AUTHORIZE THE CITY MANAGER TO POST
ANNOUNCEMENT REGARDING THE CITY COUNCIL VACANCY IN THE PRIOR LAKE AMERICAN
ON SATURDAY JANUARY 10 AND JANUARY 17TH WITH APPLICATIONS DUE BACK BY
JANUARY 20TH.
. City Attorney Pace said they need to declare the vacancy.
The motion and second were withdrawn.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO DECLARE A VACANCY ON THE CITY
COUNCIL FOR THE TWO YEARS REMAINING ON THE TERM ENDING DECEMBER 31 1999,
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
MOTION BY MADER SECOND BY KEDROWSKI TO POST THE VACANCY IN THE PRIOR LAKE
AMERICAN ON JANUARY 10TH AND 17TH WITH AN APPLICATION DEADLINE OF JANUARY
20TH.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
B. Consider Approval of 1998 Fee Schedule
. City Manager Boyles introduced the item. The fee schedule for 1998 is recommended as submitted with the
exception of the change to park dedication and park support fees.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE 1998 FEE SCHEDULE AS
AMENDED.
. Mayor Mader asked about the fees in building as to what they were before. Were they a percent?
. City Manager Boyles said it was based upon the valuation. Fixed fees assume fixed valuations.
. Mayor Mader asked if someone were re-roofmg a cottage or a million dollar house would they pay the same?
. Finance Director Teschner said it does not go down that small. It is a point of diminishing returns.
. Mayor Mader asked what does the Uniform Building Code defme?
. Finance Director Teschner said it defmes a value of home improvement and it defmes a permit. There are
thresholds in terms of dollars.
. Mayor Mader said so it was a percentage of the project.
. Finance Director Teschner said the City could lose dollars because of flat rates and smaller valuation
threshold.
. Mayor Mader said income in the area would drop.
IS98,DOC 13
· Planning Director Rye said based on average figures, it will produce a fairly small revenue decrease. One
advantage was the ability to turn a permit around immediately rather than 2-3 days later.
. Mayor Mader asked if this would open the door for complaints on inequities. He would prefer to approve it
but have someone come back and talk about it.
· Councilmember Kedrowski said the City needs to streamline the valuation issue. People lied about valuations
to save on fees. The City is trying to make it user friendly.
. Planning Director Rye said it would make it easier to get permits.
. Finance Director Teschner said 2% of the houses were cabins.
. Mayor Mader said he would amend the motion to include permits.
. Finance Director Teschner said it could be dealt with through the weekly update.
MOTION BY MADER TO TAKE THE BUILDING PERMITS OUT.
. The motion died for lack of second.
· Councilmember Petersen said the City also benefits by the taxes generated by the increased valuation caused
by the improvement.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
C. Consider Approval of Resolution 98-07 Supporting the Southwest Metro Groundwater Work Group's
Efforts in Seeking Legislative Financing For Implementation of The Data Collection and Assessment
Plan
. City Manager Boyles introduced the item. He said they were assessing the groundwater demand on
groundwater systems in the area. He said this was required to get a permit for well #6.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-07 SUPPORTING
THE SOUTHWEST METRO GROUNDWATER WORK GROUP'S EFFORTS IN SEEKING
LEGISLATIVE FINANCING FOR IMPLEMENTATION FOR THE DATA COLLECTION AND
ASSESSMENT PLAN.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
D. Consider Approval of Resolution 98-08 Approving the Preliminary Plat For "Red Oaks Second
Addition ".
. City Manager Boyles introduced the item. He said it conforms with the ordinance.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-08 APPROVING
THE PRELIMINARY PLAT FOR RED OAKS SECOND ADDITION.
. Councilmember Mader asked about the stipulations. He asked about the channel constructed in 1974. It
provides there is no dredging. It is exhibit D and E. He asked about the Pond being tied to Prior Lake.
. Planning Coordinator Kansier said it is not considered Riparian lot frontage on the lake.
. Councilmember Kedrowski said they could not dredge without a permit.
. Planning Coordinator Kansier said the channel originally was thought to make the pond part of the lake. The
DNR has since determined channel was created as utility project. The pond is not part of lake.
IS98.DOC 14
. Mayor Mader asked who owns the channel?
. Planning Coordinator Kansier said it was part of that property.
. Mayor Mader asked if the acknowledgments had been recorded.
. City Attorney Pace said so states Mr. Huemoeller, the attorney representing the applicant.
. Mayor Mader asked about the stipulations.
. Mr. Huemoeller said he was here with the applicant, Mr. Benedict. After a previous application, the City went
to the DNR to get status of Pond. He said they were able to determine that pond was not part of lake. DNR
acknowledged that. There is a stipulated agreement between the state and Benedict as to the character of water
body. He recorded the acknowledgment of record that pond is not part oflake.
. Councilmember Schenck asked Mr. Huemoeller if all property artificially attached to the lake was not public,
and is border property lake shore.
. Mr. Huemoeller said there is a meets and bounds piece. The border was confmed to that piece. He is not sure
how it would apply to other situations. The water is controlled by the state. Other artificial areas could be
subject to the same interpretation.
. Councilmember Kedrowski asked about resolution conditions. Is it necessary to include 1 and 2?
. Planning Coordinator Kansier said it was in the resolution to be consistent.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-08 APPROVING
THE PRELIMINARY PLAT FOR "RED OAKS SECOND ADDITION".
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
E. Consider Approval of the Schematic Planned Unit Development to be known as Glynwater to Allow
122 Townhouse Units.
.
City Manager Boyles introduced the item. The staff report analyzes the PUD. Planning Commission and staff
said the proposal as submitted was the against City's PUD requirements. This could fall under a conditional
use. This does not eliminate disturbances to steep slopes. The Planning Commission and staff found it to be
inconsistent.
.
Mr. Wensmann showed the layout of the proposed PUD. The price range is $115-$300,000. The reason they
are proposing the PUD is because they have done over 30 developments in the past 20 years and have always
used the PUD process. They are not encroaching on the slopes by having private streets. They will come up
with five or six drawings. They have a reputation for working with the City. If the City wanted them to go
conditional use they would have. He said they had spent $35-40,000 in engineering fees. He said it was up to
the Council. He said they have a new layout since the Planning Commission.
.
Councilmember Kedrowski asked what is the purpose of private roads?
.
Mr. Wensmann said it changes setback requirements. Private streets do not have quite as far setbacks.
.
Councilmember Kedrowski said the City will never get stuck with the road. He asked about the average value.
.
Mr. Wensmann said $175-185,000.
.
Councilmember Schenck said the PUD protects the environment more than CUP.
I S98.DOC
15
. Mr. Wensmann said they were not trying for higher density.
. Councilmember Schenck asked Planning Coordinator Kansier how much do slopes play in on PUD or CUP?
. Planning Coordinator Kansier said as part ofPUD, the City could say no slopes.
. Councilmember Schenck asked if the initial application under CUP would pass.
· Planning Coordinator Kansier said yes if it could meet the requirements. It was reviewed based on PUD. It
appears the only reason for PUD was private streets.
. Councilmember Kedrowski asked if the applicant was misled.
· Planning Coordinator Kansier said she met with the applicant and informed them that Council needed to
approve it.
· Councilmember Kedrowski asked if an eight foot setback benefit decreased the slope impact?
. Planning Coordinator Kansier said it is minor.
. Councilmember Mader asked is this CUP or PUD?
. Planning Coordinator Kansier said CUP.
· Mayor Mader said so from Planning Coordinator Kansier's perspective there is no significant difference.
· Councilmember Kedrowski said he did not support private roads. What is engineering's perspective?
. City Engineer Ikka said with private streets, the developer can get them built to City standards, but needed to
maintain them.
. Mayor Mader asked what requirements are waived.
· Planning Coordinator Kansier said none. There is a difference in the setback between buildings between
envelope lots. She said Pheasant Meadows was an example.
. Councilmember Mader said within a PUD ordinances still apply.
. Councilmember Schenck asked about the two intersections. Is it a connection to 82? The connection is OK
with the County. Second, to the east there is a road that juts out to the east and ends.
. Planning Coordinator Kansier said there was a connection to 82, and the second road was a turn around for
cars.
. Mayor Mader said the developer seems want to try to protect the intent of the PUD.
. Mr. Wensmann said before spending money and fmding out there are changes, he wanted clarification. He said
there is an easterly dead end on PUD. A cul-de-sac would eliminate a building and enormous amounts of extra
grading as proposed .
. Councilmember Kedrowski asked City Engineer Ilkka if with the schematic plan Fremont A venue could
connect instead of the road dead-ending.
. City Engineer Ilkka said the County does not have a problem. He said he would like a right-in and right out.
. Councilmember Schenck said he would like to see a right in.
1598.DOC 16
;n,
. Mr. Wensrnann said the property has to be rezoned. It is zoned agricultural and needs to be rezoned R-2 Now
below density.
. City Manager Boyles asked about MUSA.
. Planning Director Rye said 1/3 is in MUSA.
. City Attorney Pace said if it is A-I now, unless it is rezoned, it is not eligible for approval.
. Planning Director Rye said he was trying to work out with Met Council the allocated acreage for MUSA.
. Councihnernber Kedrowski suggested a poll of the Council.
. City Attorney Pace said to the extent the Council agrees to a give non-binding opinion of the subject it may.
Based upon polling he will rely on what the City Council said. He will point to a transcript of the meeting.
. Mayor Mader said he was not comfortable conducting a poll.
. Mr. Wensmann said the right of way public street was 55 feet with the sidewalk. Proposing City sidewalk
connecting Park trail.
. Planning Coordinator Kansier said the setback requirements of a conditional use were the same as PUD. She
said front and rear setbacks would be the same as conventional. Right of way width should be consistent with
City standards.
MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-05 DENYING THE
PUD FOR GL YNW A TER TOWNHOMES AND MODIFY IT BY ELIMINATING THE 4TH "WHEREAS"
AND UNDER NOW THEREFORE ELIMINATE "FIND PROPERTY IS PRESENTLY ZONED
AGRICULTURE, WHERE A PUD REQUIRES RESIDENTIAL ZONING."
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
9. ITEMS REMOVED FROM CONSENT AGENDA:
. Mayor Mader asked about the invoice for $5,600 for Public Affairs Consulting.
. City Manager Boyles explained the invoice was for computer maintenance.
. Mayor Mader asked about page 8 MVT A $150,000.
. Finance Director Teschner said it was a transfer of funds from construction to General Fund for project
administration cost reimbursement.
. Finance Director Teschner said there was a rebate for excess TIF payment per contract provision in 1997.
MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE THE INVOICES TO BE PAID.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE:
. City Manager Boyles said he did not have a "counter -proposal" from the Burdick building neighbors and had
not heard from Harry Ray, the neighbors' attorney.
. Councihnember Kedrowski asked about the zoning ordinance.
1598,DOC 1 7
· City Manager Boyles said there would be public hearings on zoning issues such as adult uses.
· Planning Director Rye said he had direction from the Council to have one document recommending all of the
Planning Cu......ission recu......endations.
· Councilmember Kedrowski asked about Johnson-Harte.
· City Attorney Pace said she spoke with Mr. Johnson and is waiting for Mr. Harte. That is the landslide
problem.
· Councilmember Kedrowski asked to put the workshop agenda on the next City Council agenda.
· Councilmember Schenck said the zoning ordinance issue was whether to approve whole thing or nothing. He
would support the majority. He said he hoped there was a better way to approach the proposed amendments.
· Mayor Mader said it could be amended by moving for an amendment to the proposed ordinance.
· City Manager Boyles said the City had a request from the County to nominate representatives to the Watershed
Board, and the request indicated that OrIin Schaefer and Dave Moran would like to extend their terms.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO EXTEND THE TERMS OF ORLIN SCHAEFER
AND DAVE MORAN OF THE WATERSHED BOARD THROUGH 1998.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
12. ADJOURNMENT:
MOTION BY SCHENCK SECOND BY KEDROWSKI TO ADJOURN.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
~J5
Citrtf
at 12:40 a.m. January 6th.
ICC~~ {) &CltfL)
Recording Secretary
I 598.DOC
18