HomeMy WebLinkAboutAgenda & Minutes
City Council Work Session - 5:00 - 7:00 p.m.
. FORUM: 7:00 P.M. - 7:30 P.M.
REGULAR COUNCIL MEETING AGENDA
Date: August 3, 1998
1. CALL TO ORDER................................................................................ 7:30 p.m.
2. PLEDGE OF ALLEGIANCE:
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. July 20, 1998
5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and
non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember,
or member of the public specifically requests that an item on the Consent Agenda be removed and
considered separately. Items on the Consent Agenda are considered under one motion, second and a
roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council
Agenda as a separate category.
A. Consider Approval of Invoices to Be Paid.
B. Consider Approval of Appointment of Emergency Management Deputy Director.
C. Consider Approval of Election Judge Appointments for 1998 Primary and General
Elections.
D. Consider Approval of Award of Bid for Replacement SCADA System for the City's
Water Distribution System.
E. Consider Approval of Resolution 98-XX Extending the Deadline for Submittal of a
Final Plat for Northwood Oaks Estates.
F. Consider Approval of Resolution 98-XX Approving a Revised Personnel Policy.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PRESENTATIONS:
A. Downtown Redevelopment Task Force - Dick Underferth.
8. PUBLIC HEARINGS:
9. OLD BUSINESS:
A. Consider Approval of Ordinance 98-XX Amending Title 9, Chapter 3, Section 4(d)
ofthe Prior Lake City Code Relating to High Water Slow No Wake.
16~QQ&agle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
10. NEW BUSINESS:
A. Consider Approval of Memorandum of Agreement Between Prior Lake and
Metropolitan Council Regarding Spring Lake Township Sewer and Water Extension.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Executive Session to Discuss Pending Litigation.
12. ADJOURNMENT
8398.DOC
.~~
~ :; REGULAR COUNCIL MEETING MINUTES
Date: July 20 , 1998
"'INNt:~"
1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were:
Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager
Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Director Rye,
Planning Coordinator Kansier, Planner Tovar, City Engineer Ilkka, Parks and Recreation
Director Hokeness, Recording Secretary Oden.
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed
everyone to the meeting.
3. APPROVAL OF AGENDA:
Kedrowski: Add Triax Cable Subcommittee as Old Business, 9C.
Mader: Add Report on City Activity on Water Level of Markley Lake as New Business,
10E.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE AGENDA AS
AMENDED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. July 6, 1998
Boyles: Three sets of minutes were prepared. The 45 page version is nearly transcript, the 23
page version is what we have been doing and the 16 page condensed version is similar to the
Planning Commission format. The Council has directed the staff to shorten the minutes. The
Council should choose one of the approaches.
Comments from Councilmembers:
Schenck: Concerned about proper detail in the minutes in case of litigation.
Kedrowski: Concurred.
Pace: Minutes must only reflect decision making process. Litigation would reqUIre
transcript from tapes anyway.
Mader: Recommend abbreviated version. Page 5 add Schenck's comments regarding no
parking. Page 7 further explain amendments to motion.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE 16 PAGE
VERSION OF COUNCIL MEETING MINUTES FOR JULY 6 AS TWICE AMENDED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
16~~Qo6egle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215
AN EQUAL OPPORTUNITY EMPLOYER
5. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report for June.
C. Consider Approval of 1998 2nd Quarter Investment Report
D. Consider Approval of June Building Permit Report.
E. Consider Approval of Animal Warden Monthly Report for June.
F. Consider Approval of Fire Call Report for June.
G. Consider Approval of Resolution 98-91 Approving the Plans and Specifications and
Authorizing the Advertisement of Bids for the Library/Resource Center.
H. Consider Adoption of Resolution 98-85 Denying an Amendment to the Zoning
Ordinance Relating to Regulations for the Operation of Motorized Recreational
Vehicles.
I. Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for
Youth (P.L.A.Y.).
J. Consider Approval of Extension of the 60 Day Recording Deadline for Filing the
Final Plat ofthe Harbor 8th Addition from July 18, 1998 to August 18, 1998.
MOTION BY WUELLNER SECOND BY KEDROWSKI TO APPROVE CONSENT
AGENDA.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
6. ITEMS REMOVED FROM CONSENT AGENDA:
A.
7. PRESENTATIONS:
A. Presentation: Spring Lake Township Annexation Report
The City Council asked the Township to conduct public hearings for residents in the Orderly
Annexation area and then submit a report on their findings. The Council will receive the
report and direct the staff if appropriate.
Andy Macarthur, Attorney for Spring Lake Township, presented a report to the Council. The
request from the Township is mutual rescinding of Orderly Annexation Agreement. Since
approval of the agreement in 1972 there has only been sporadic annexations. Township's
position is that the Orderly Annexation Agreement is not serving a purpose. Suggest
annexation by petition.
Peter Yeameau, Spring Lake Township Board: Each township supervisor prepared
individual reports. Consensus is they want to protect borders and their tax base, and have
management and control. Substantial majority of residents against annexation. Would like to
work cooperatively with City.
72098.DOC
2
Mader: We should ask the Annexation Task Force to reVIew the report and make
recommendations.
MOTION BY PETERSEN SECOND BY KEDROWSKI TO REFER REPORT TO
ANNEXATION TASK FORCE FOR REVIEW AND RECOMMENDATION.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
B. Presentation: Status Report on Library, Lakefront Park, Neighborhood Park and
Community Park/Athletic Complex.
Hokeness: Reported on the status of Library project, including showing sketch drawings.
Reported on Lakefront Park Construction schedule. Invited Council to August 10th PAC
meeting to discuss Community Park Land Acquisition.
C. Presentation: Lakefront Days Activities Planned for July 31-August 2.
Kat Asmus, Chamber of Commerce President, reported on upcoming Lakefront Days
activities. She presented a check to the City for $1,600 from last year's raffle.
8. PUBLIC HEARINGS:
A. None
9. OLD BUSINESS:
A. Consider Approval of Resolution 98-86 Approving the Variance to the Length and
Design of a Cul-de-Sac and Resolution 98-87 Approving the Final Plat and
Development Contract for Glynwater 1st Addition.
The City Council approved a Conditional Use Permit and Preliminary Plat for Glynwater.
Because of traffic concerns from Fremont residents, connection of a Glynwater Road to
Fremont was discontinued requiring a variance for CuI de Sac length and T -head.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION
98-86 APPROVING THE VARIANCE TO THE LENGTH AND DESIGN OF A CUL-DE-
SAC.
Questions from Councilmembers:
Mader: Why doesn't the resolution include recommendations of the Planning Commission?
Kansier: Addressed in final plat. Developer has provided easement and description.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-
87 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR
GLYNWATER 1ST ADDITION.
72098.DOC
3
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
B. Consider Approval of Resolution 98-92 Approving the Final Plat and Development
Contract for Windsong on the Lake 3rd Addition.
Windsong 3rd Addition Final Plat addresses City Council preliminary plat concerns
regarding removal or relocation of structures and steps as well as other preliminary plat
requirements.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION
98-82 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR
WINDSONG ON THE LAKE 3RD ADDITION.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
C. Triax Cable Subcommittee
The City has experienced resident complaints regarding service, repair and cost of Triax
cable television. A subcommittee of Councilmember Kedrowski and Mayor Mader will meet
with Triax representatives to discuss these concerns.
Comments from Councilmembers:
Kedrowski: Prior to negotiating the franchise agreement the subcommittee or entire City
Council should hold a public hearing to solicit public feedback on the Triax cable system.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO HOLD A PUBLIC HEARING
REGARDING TRIAX CABLE PRIOR TO NEGOTIATING AN AGREEMENT.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-88 Rejecting All Bids Received on July 6, 1998
for the Sale of City Owned Property Lot 2, Block 3, Brooksville Center 1st Addition
and Directing Staff to List the Property with a Realtor and Authorizing the City
Manager to Negotiate any Future Sale through Such Realtor.
After receiving City Council approval to solicit bids the staff had an appraisal done of the
property. The highest bid received is only half ofthe appraised value.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION
98-88 REJECTING ALL BIDS RECEIVED ON JULY 6 , 1998 FOR THE SALE OF CITY
OWNED PROPERTY LOT 2, BLOCK 3, BROOKSVILLE CENTER 1ST ADDITION
AND DIRECTING STAFF TO LIST THE PROPERTY WITH A REALTOR AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY FUTURE SALE
THROUGH SUCH REALTOR.
72098.DOC
4
ol.~
Jj...-
Questions from Councilmembers:
Schenck: How is Realtor selected?
Pace: Professional service.
Mader: City Manager could do this without a Realtor?
Pace: Yes.
Kedrowski: Since this is a bidding process, is this legal to reject bids then accept proposals?
Pace: City has authority to reject all bids. Not aware of any statute which would prohibit
City from proceeding that way assuming you accepted the highest proposal.
Comments from Councilmembers:
. Mader: Would like to shorten resolution to reject bids and refer back to City Manager for
recommendation. Delete listing with Realtor. City Attorney will review statutes. Final
decision requires Council approval. Highest bid received on July 6 is 55% market value.
This is just rejecting bids. Nothing else. The staff report is in error to state that the proceeds
from the sale will automatically be used for redevelopment. The Council needs to decide.
. Schenck: Prefers to take no action at this time until City Attorney investigates process.
MOTION BY MADER SECOND BY KEDROWSKI TO REMOVE "STAFF TO LIST
THE PROPERTY WITH A REALTOR" FROM THE APPROVING RESOLUTION AND
HAVE CITY ATTORNEY REVIEW THE PROCESS WHEREIN CITY MANAGER HAS
AUTHORITY TO NEGOTIATE.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion to
adopt the amended resolution carried.
B. Consider Approval of Resolution 98-89 Pertaining to the Acquisition of Tax
Forfeited Lands.
Annually the City receives a list of parcels which have gone tax forfeit for non-payment of
taxes and special assessments. The City may acquire the property for public purposes or let
the county sell. There are three parcels that staff recommends be conveyed to the City for
public purpose. The first two should be obtained for wetland and creek purposes. The third is
a strip adjaGent to a park trail. Other parcels will go to the Watershed, but most will go to the
County for auction.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-
89 PERTAINING TO THE ACQUISITION OF TAX FORFEITED LANDS.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
C.
Consider Approval of Resolution 98-90 Assessing Trunk Water Acreage Charge and
Lateral Water Charge upon Judith Anderson's Property Taxes on PIN #25-901-024-
1.
72098.DOC
5
.
.
.
.
.
72098.DOC
Sewer and water is being extended by Prior Lake Baptist Church, which will also serve
Judith Anderson's property. Ms Anderson would like to have her property served. She.is
requesting an assessment as opposed to cash payment for having her property hooked up to
sewer and water.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION
98-90 ASSESSING TRUNK WATER ACREAGE CHARGE AND LATERAL WATER
CHARGE UPON JUDITH ANDERSON'S PROPERTY TAXES ON PIN #25-901-024-1.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
D. Consider Approval of Status Report of Lake Advisory Committee Recommendation
Regarding 904 No Wake Ordinance Provisions.
The City Council directed that the Lake Advisory Committee make recommendations on
various lake related issues. The directives show this should be complete in September. The
Lake Advisory Committee is proposing to send a questionnaire to the Prior Lake Americari.
to obtain a sense of whether public information meetings should be held. The Council has
requested that this topic be placed on the Council agenda.
Questions from Councilmembers:
Wuellner: What is the process if Council wanted to change the trigger for No Wake
Implementation?
Pace: Will get back to him.
Comments from Councilmembers:
Petersen: It doesn't appear we can do anything about the 904 ordinary high designation.
Would like to do something about the No Wake Trigger. Sees a lot of erosion. Council
doesn't know what it can or cannot do.
Mader: Understands high water and low water lake level is DNR function. However, the No
Wake level is Council decision. DNR opinion is they would like to approve it first if Council
wants to impose new No Wake threshold. Based on LAC meeting minutes from July the
LAC wants to take no action. When water near 904 with high power boats, it damages
shoreline. Before No Wake, at 903, there was still a lot of erosion into lake. Should ask City
staff to prepare ordinance change to reduce No Wake level.
Kedrowski: Would like to have public input before reducing No Wake, rather than have
staff and Council impose it. LAC approach with questionnaire is a good idea.
Wuellner: Significant land loss and decrease in water quality are resulting from this
situation. Cannot in good conscience allow destruction of land and water. Recreational value
of lake is very high. Very supportive of reducing no wake level and also having public input.
This is not a lake level management issue, it is a lake use management issue.
Schenck: Residents on the lake purchase their property because of the recreational value of
the lake. There have been complications with closing outlet because of CSAH 42
construction. This is not the time to overreact to the current situation. It is not how much
water let out, but how water is managed.
6
~
1:Y:
MOTION BY MADER SECOND BY WUELLNER TO HAVE STAFF PREPARE AN
ORDINANCE AND ASK FOR PUBLIC INPUT ON REDUCING NO WAKE LEVEL TO
903.5.
Upon a vote, ayes by Mader, Petersen, and Wuellner, nays by Kedrowski and Schenck, the
motion carried
E. Report on Markley Lake:
Mayor Mader requested that the staff provide a status report to the Council on this subj ect.
Three households in Credit River are being negatively affected by the lake level. City agreed
to provide sand for sandbags. Scott County said they would take lead role in pumping lake.
There has been difficulty in locating the outfall which is 2230 feet in length and includes a
clay pipe with five manholes. Four manholes have been located. Three crew members were
working on it today and last week. Two possible solutions have been identified. 1) A 1500
gallon per minute pump through outfall or 8-10 inch pipe. That amount of water would
create additional problems downstream. DNR will not approve and Savage residents have
complained. 2) A 300 GPM pump. DNR not as concerned but smaller pump requires 6
months to achieve reduction in lake level. Right now, Prior Lake is doing more than any of
the other agencies to solve this problem. Scott County is in the process of establishing a
Water Management Organization.
Questions from Councilmembers:
Mader: How long to pull down lake level using 1500 GPM pump?
Boyles: 7-10 days per foot.
Mader: Is Markley part of our Watershed District?
Boyles: No, it is in the Credit River drainage basin which includes part of the City. The
Credit River Water Management Organization was dissolved and consolidated on the
County level.
Wuellner: What is the condition of the pipe?
Boyles: In the process of locating and cleaning it out.
Ilkka: It is 30% jetted. Concerned about coming across collapsed section.
Wuellner: If it is collapsed who will fix it?
Boyles: Joint effort with County.
Wuellner: Are there developments that are part of Prior Lake draining into Markley?
Ilkka: 80% of Markley Lake drainage shed is in Prior Lake.
Wuellner: No natural outlet?
Ilkka: Correct.
Wuellner: Do we use as destination for storm water retention ponds?
Ilkka: In some cases.
Mader: We haven't done anything to increase the drainage area?
Ilkka: Correct.
Mader: Using that pipe, it will still take 6 months to get the level down?
Illkka: Correct.
72098.DOC
7
Mader: Will rainfall affect it?
Ilkka: Potentially.
Boyles: Outfall offers the most flexibility. It can be a more permanent solution.
Ilkka: Downstream objections to using the 1500 GPM pump is a political situation. 6 months
is an estimate for reducing the lake one foot using the 300 GPM pump. It may be less.
Kedrowski: Have the County and Township helped?
Boyles: The County is trying to take leadership. Prior Lake is working on the situation.
County will assist with pumping and obtaining DNR approvals. Township provided bags.
Wuellner: Long term solution is a lift station?
Boyles: Need to look at issues. County has a preliminary master plan for drainage.
Schenck: Immediate solution?
Boyles: County checked on 1500 GPM pump. DNR will not approve.
Mader: City Manager and staff have been acting as good neighbors.
Moran: Increasing outflow from Markley may not help. May create a larger problem
downstream. Part of problem is building below flood plain. Should not pass the problem
downstream.
11. OTHER BUSINESS:
Schenck: Should Council adopt shortened version of minutes as standard?
Mader: Intends to proceed with subcommittee of himself, City Attorney and City Manager
to further investigate the issue.
Wuellner: Recognition for maintenance crews for storm efforts?
Boyles: August 5th or August 13, Council will cook.
12. ANNOUNCEMENTS/CORRESPONDENCE
Boyles reviewed Weekly Update.
13. ADJOURNMENT:
MOTION BY KEDROWSKI SECOND BY PETERSEN TO ADJOURN.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
The meeting adjourned at 9:44 p.m.
(~(lJ!Jz) ~
City Manager k%w
~/Jtw
Recording Secretary
72098.DOC
8
.-
'j