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EDA MEETING 5:30 - 7:00 p.m.
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: October 19 , 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. October 5, 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 Treasurer's Report
C. Consider Approval of Building Permit Report.
D. Consider Approval of Animal Warden Monthly Report
E. Consider Approval of Fire Call Report
F. Consider Approval of 1998 Third Quarter Investment Report.
G. Consider Approval of 1998 Third Quarter Budget Report and Overview.
H. Consider Approval of Temporary 3.2 Liquor License for the Church of St. Michael.
I. Consider Approval of Temporary Consumption and Display Permit for the Church of
St. Michael.
J. Consider Approval of Report on 1998 City Council Directives.
K. Consider Approval of Resolution 98-XX Approving the Wetland Replacement Plan
for Coast to Coast Hardware, Project 98-40.
L. Consider Approval of Temporary 3.2 Liquor License for Prior Lake Rotary
M. Consider Approval of Temporary Consumption and Display Permit for Prior Lake
Rotary.
N. Consider approval of Resolution 98-XX Accepting Quote for Cates Street Channel
Stabilization Project 98-11
6. ITEMS REMOVED FROM CONSENT AGENDA:
A.
16~QQ&;'Cgle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
7. PRESENTATIONS:
A. Presentation: Donation from Prior Lake Optimist Club - Jerry Young
B. Presentation: Stand by Me - Jackie Underferth
8. PUBLIC HEARINGS:
A. Continuation of Assessment Hearing for 1998 Improvement Projects 98-14
Specifically Relating to the Properties at 16430 and 16460 Duluth Avenue and
Consider Approval of Resolution 98-XX Adopting Assessments Therefore.
B. Consider Approval of Resolution 98-XX Approving the Vacation of a Drainage and
Utility Easement Located in Lots 1 and 2, Block 1, Waterfront Passage Addition.
C. Public Hearing to Consider Approval of Resolution 98-XX Approving the Vacation
of a Portion of the Erie Avenue Right-of-Way Located in Block 4, Prior Lake
Original Town
9. OLD BUSINESS:
A. Consider Approval of Resolution 98-XX Approving an Amendment to the
Comprehensive Plan and Ordinance 98-XX Approving the Zone Change Request By
Wensmann Realty and Prior Lake, LLC, for 33 Acres Located at Pike Lake Trail and
CSAH 42, and Approval of Resolution 98-XX Denying a Comprehensive Plan
Amendment and Zone Change Request by Wensmann Realty and Prior Lake, LLC,
for 7.4 Acres Located at Pike Lake Trail and CSAH 42.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX to Uphold a Decision of the Planning
Commission Denying a Variance to Waive the Forty Two Inch (42") Maximum
Fence Height in the Front Lot Setback Area for Mr. & Mrs. John Trulson on
Property Located at 14296 Rutgers Street.
B. Consider Approval of Resolution 98-XX Calling for the Redemption of the
Outstanding General Obligation Improvement Bonds of 1991.
C. Consider Approval of Resolution 98-XX Authorizing Public Sale of $1,275,000
General Obligation Improvement Bonds of 1998.
D. Consider Approval of Resolution 98-XX Approving an Exemption from the
Downtown Moratorium to Permit the Issuance of a Building Permit for Joe Chesmer
at 16161 Main Avenue
11. OTHER BUSINESS:
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
10199B.DOC
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1. L 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, City Engineer Ilkka, Assistant City Engineer
McDermott, Engineering Tech Evens, Planning Director Rye, Planning Coordinator Kansier, Finance
Director Teschner, and Police Chief O'Rourke.
REGULAR COUNCIL MEETING MINUTES
Date: September 21 , 1998
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to
the meeting.
3. At: r rtOV AL OF AGENDA:
Mader: Add lIB) ActionlDiscussion ofIssues discussed at Executive Session.
Schenck: Add llC) Discussion of Guidelines for Public Forums and lID) Assessment Heari!lg
Guidelines.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE SEPTEMBER 21 COUNCIL
MEETING 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. September 8, 1998
Wuellner: Page 3 under Questions should read, "Has anyone contacted the City of Belle Plaine or
anyone else to see how those projects went?"
MOTION BY KEDROWSKI SECOND BY SCHENCK APPROVE SEPTEMBER 8 MINUTES AS
AMENDED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
5. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report
C. Consider Approval of August Animal Warden Report
D. Consider Approval of August Fire Call Report
E. Consider Approval of Volunteer Firefighter's Request for Improved Pension Benefits.
F. Consider Approval of City Purchasing Policy Revisions Regarding Change Orders.
G. Consider Approval of Resolution 98-105 Approving the Option of Extending Auditing Services
to Abdo, Abdo, Eick & Meyers for Audit Years 1998, 1999, and 2000.
Mader: Removed items 5E and 5F for further consideration.
19?I?BCillcEagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-424~
AN EQUAL OPPORTUNITY EMPLOYER
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE CONSENT AGENDA
ITEMS A-D AND G.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
6. ITEMS REMOVED FROM CONSENT AGENDA:
A. Consider Approval of Volunteer Firefighter's Requestfor Improved Pension Benefits
Mader: Thanked Firefighters for what they do and the extraordinary value the City receives from the
Fire Department.
MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE VOLUNTEER FIREFIGHTER'S
REQUEST FOR IMPROVED PENSION BENEFITS.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
B. Consider Approval of City Purchasing Policy Revisions Regarding Change Orders
Comments from Councilmembers
Mader: Purpose of change is expediency by providing staff with method for dealing with change orders
without waiting for Council approval. Did not like the language referring to special circumstances or
conditions. Circumstances should be further defined. Did not like the second item, "if the delay in
obtaining Council approval impedes progress of project" . Delays are not a concern if health and
welfare or cost is not a consideration. Won't support the language change that the staff has proposed.
Kedrowski: Will support it as it stands. Went through this at a workshop. This facilitates timely
completion of projects. Delays in projects could set the City up for failure in terms of liability. With
regard to special circumstances, the Council should trust the City Manager to make these decisions on
its behalf. City Manager has statutory authority to approve up to $25,000.
Mader: Concerns about liability are addressed in item 3, which he agrees with.
Boyles: Change orders are normally in excess of $25,000. These are variations from a contract that
itself exceeds $25,000. If change orders exceed $25,000 or in aggregate 25% of the contract, they need
to be approved by the Council.
Wuellner: The argument for extending this ability was to avoid the additional costs for the delay. Those
are covered in number three and four, so we should delete one and two.
MOTION BY MADER SECOND BY WUELLNER TO ACCEPT THE LANGUAGE CHANGE BUT
DELETE ONE AND TWO.
Schenck: Often hear "why isn't the project done?" Public would be better served if this option was
available to City Manager. Supports the staff proposed language with no changes.
Mader: Friendly amendment that number one would be deleted and would be replaced by combining
numbers two and three, so it would read, 1) "Decision by the City Manager would be justified based
upon delay in obtaining prior City Council approval will impede progress of the project and a delay in
obtaining prior City Council approval may, subject to the contract documents, result in a claim by the
contractor for additional costs for the delay." Numbers four and five would become two and three.
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Upon a vote, ayes by Mader, Petersen, Schenck, and Wuellner, nay Kedrowski, the motion carried.
7. PRESENTATIONS:
A. Status Report on 1998 Safe and Sober Program.
Police Chief O'Rourke presented a status report on the Safe and Sober Program. This program is a
combination of law enforcement, public information and education. 1998 was the first year Prior Lake
worked in cooperation with Savage with the Safe and Sober Grant. The theme for this year was "add
five to your drive". The grant last year was $25,000. There was 500 hours of additional law
enforcement as a result. Officer Kahlert was recognized for his apprehension of a stolen vehicle during
this program in 1997.
8. PUBLIC HEARINGS:
A. Conduct Assessment Hearing for 1998 Improvement Projects #98-14 Pleasant Street, Colorado
Street, Birch Avenue and West Avenue, #98-15 Pleasant Street Overlay and #98-16 Duluth
Avenue, and Consider Approval of Resolution 98-110 Adopting the Assessment Roll for these
Projects.
Boyles: Described purpose of public hearing. Assessment is based upon benefits received. Pol~cy
provides for assessment over a period of years. Property owners may appeal the amount to be assessed
by submitting a letter.
Ilkka: There are two scopes of work; one is a total street reconstruction, two is a piece of Pleasant
Street which is a mill and overlay of existing bituminous pavement and replacing the sidewalk. Project
cost is $1,685,000; funding sources will be state aid at $150,000, City's trunk reserve at $260,000, tax
levy in the form of bond proceeds at $687,920.24, and the proposed assessment is $587,079.76.
Mader: Asked staff to clarify the difference in the amounts listed in the staff report and the resolution.
Teschner: The amount was lowered from 5% to 3.25% because if assessed at this point and it is
certified to the County, the City will save one year in capitalize interest. The City is trying to keep the
tax levy down. City can assess at any point in time. The later an assessment hearing is held, the more
capitalized interest will have to be paid by the City and by residents. Residents have assisted by
providing correct information for frontage calculation. Tax deductibility is a possibility but residents
should check with their tax advisors.
Kedrowski: What about the deferred assessment policy?
Teschner: Residents can apply for deferred status. It becomes a liability of the estate.
Boyles: Read letters of appeal from St. Michael's, and McPherson.
Lyman McPherson 16282 West Avenue: Objects to adoption of roll this early in the project. Should be
approved after date of completion. Assessment not commensurate with home value.
Mary Hennen 16411 Duluth: Concurs. Excessive assessment cost compared to other cities. The City is
the primary beneficiary, not neighborhood residents.
Wilmar Mueller 16698 Duluth: Front footage calculation is incorrect on his property.
Mark Monroe 16499 Duluth: The Duluth road improvement will benefit the overall community, even
Eagle Creek Villas.
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Debra Nelson 16460 Duluth: Presented an appeal letter. Her car was damaged because she could not
get out of her driveway. Assessed $7750 more than others because ofa sewer hookup. If it is not a main
road, why are there detour signs on Hwy 13? The City should pick up more ofthe cost.
Sally Fales 16541 Duluth: Have been without water, cable, and power. She estimates that 5000 cars
use the road daily and 17 residents are paying for it. Presented a letter of appeal.
Roland Brouillard Administrator and Joe Code, Attorney 16311 Duluth, St. Michael's Church: The
Church does not have a problem paying its share. However, Church benefits less than residents.
Lyman McPherson asked about gas line repayment.
Ilkka: That should be the contractor's responsibility.
Teschner: Regarding frontage determination of Mr. Mueller's 70 x 100 lot, not all of which abutts the
road. The City is using a midpoint assessment for the calculation, or 85 feet.
Mayor Mader closed the public hearing at 9: 15 p.m.
Mader: A septic system is in place and operational for the Nelson property. Also the Reinboldt
property was hooked up to sewer almost 20 years later than other residents but it is being changed the
same. These two situations should be addressed.
Questions from Councilmembers
Schenck: Is there an appeal on the Reinboldt property?
Mader: Asked that special circumstances be considered, Reinboldts are not here.
Teschner: The Public Hearing can be continued.
Wuellner: Did assessment review committee consider taking on more of the project?
Teschner: It would be arbitrary if the City tried to apply the value of the benefit to the community
versus residents.
Wuellner: If they were already connected to sewer and water how does replacement of the sewer and
water pipe constitute a benefit to the property?
Ilkka: There is a benefit because there is a finite life to sewer and water pipes. The benefit of
replacement is dependability and improved water quality.
Wuellner: How is the benefit rule applied to St. Michael's church?
Teschner: Church argument is they benefit less. The City argument is that there is an increased amount
of traffic generated by church activities. They have a broader tax base. The Church is assessed as a
commercial property. The Council has flexibility to change the assessment.
Kedrowski: Will support removing Reinbolt and Nelson properties from the assessment roll.
Mader: Suggested re-opening the public hearing and continuing it for specific properties.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO CLOSE HEARING EXCEPT FOR Pill #
25-902-129-0 AND #25-902-131-0.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
9219B.DOC
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MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-110
ADOPTING ASSESSMENT ROLL FOR THESE PROJECTS.
Kedrowski: as a friendly amendment exclude PID #25-902-129-0 and 25-902-131-0.
Petersen: accepted friendly amendment.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO REFER THE TWO PROPERTIES TO
THE SPECIAL ASSESSMENT COMMl1TbE PID# 25-902-129-0, AND 25-902-131-0.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
Pace: The Public Hearing continues to be open for the two properties that were referred to the special
assessment committee.
9. OLD BUSINESS:
A. Consider Approval of Resolution 98-106 Approving the Timothy Avenue Closure Design and
Appropriating Funds Therefore.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION 98-106
APPROVING THE TIMOTHY AVENUE CLOSURE DESIGN AND APPROPRIATING FUNDS
THEREFORE.
Boyles: Residents and the Council have asked for a separation of Timothy and Commerce at the same
time Rutgers and CSAH 42 is done. Residents have proposed a design for the separation which includes
a guard rail. The staff perspective is not to include the guard rail. Funding is $14,900-$16,400 with or
$11,900-$13,400 without the guard rail. Funds are proposed to be drawn from the construction fund
balance.
Questions from Councilmembers:
Schenck: This also involves renaming CSAH 42/Timothy to CSAH 42/ Commerce affecting one
property. Will they be advised? Is the funding source for the signs the responsibility of the County or
City? Is anything in writing saying this is a task that needs to be done?
Ilkka: There is nothing in writing specifically addressing that. Replacement of signs is a standard and
ongoing expenditure using the operating budget ofthe street department.
Schenck: What about changing the affected homeowners' address?
Ilkka: Will talk with Planning and get back to him.
Schenck: Does City have to go through a vacation process to abandon the small strip?
Pace: Yes.
Ilkka : The process is forthcoming.
Comments from Councilmembers:
Schenck: Opposed to guardrail. Prefer the natural barrier. Have enough metal. Should install a bike trail
or path connecting Timothy with Commerce.
Boyles: That could be problem with motorcycles. A trail would require flat ground which would
conflict with a berm.
Pace: The berm will serve as a natural alternative to the guard rail and that is why no guard rail is
needed. The Council concurred.
Petersen: Support motion, berm will do the job, no guard rail is needed.
Wuellner: Support motion, with berm and without guard rail.
9219B.DOC
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Kedrowski: Support motion as stated.
Mader: Is there curbing on Commer~e to the south of this?
Ilkka: Curbing is already up to 42, this curb will be added through the opening of Timothy.
Petersen: Is curb 90 degree and not round?
Ilkka: Yes, it is a barrier curb.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
B. Consider Approval of Developers Agreement with H & S, L.L. C. (Keyland Homes) Concerning
the Purchase of 0.5 Acres in the Business Office Park
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE DEVELOPERS
AGREEMENT WITH H&S, L.L.C. (KEYLAND HOMES) CONCERNING THE PURCHASE OF .5
ACRES IN THE BUSINESS OFFICE PARK.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
C. Consider Approval of Resolution 98-107 Authorizing Continued Participation in Safe and
Sober Program.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-107
AUTHORIZING CONTINUED PARTICIPATION IN SAFE AND SOBER PROGRAM.
O'Rourke: $25,200 is the grant amount. Prior Lake is sharing with Savage. The grant will allow for
increased enforcement, public education and information. Conducted child safety seat clinic. Mystic
Lake contributed 10 child safety seats. Two were removed. The funding for this grant is not
automatically renewed. Prior Lake really earned it.
Mader: Children who are not in safety restraints are a secondary offense?
o 'Rourke: Yes.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
D. Consider Approval of Appointments to the Scott County Citizens Advisory Committee and the
Shako pee Basin and Credit River Watershed Committees.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPOINT LAN! LEICHTY TO CREDIT
RIVER AND SHAKOPEE BASIN WATERSHED BOARDS.
Boyles: The group meets 2-3 times in the next 18-24 months.
Two year appointment was accepted as a friendly amendment.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY MADER TO APPOINT DAVE MORAN TO A CREDIT
RIVER AND SHAKOPEE BASIN WATERSHED BOARDS FOR A TWO YEAR APPOINTMENT.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
Boyles: Citizens Advisory Committee will oversee actions of the other two committees.
9219B.DOC
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MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPOINT MAYOR MADER TO THE
SGOTf COUNTY CITIZENS ADVISORY COMMlllbE.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-108 Approving a Conditional Use Permit for Gleason's
Gymnastics School on Property Located 17001 Fish Point Road.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-108
APPROVING A CONDITIONAL USE PERMIT FOR GLEASON'S GYMNASTICS SCHOOL ON
PROPERTY LOCATED 17001 FISH POINT ROAD.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
B. Consider Approval of Resolution 98-109 Upholding a Decision of the Planning Commission
Denying a Variance Request to Waive RoofTop Screening and Landscape Irrigation
Requirements for Dave Hansen on Property Located at 17001 Fish Point Road.
Hansen: Watering system ordinance is useless and wasteful. He will put it in if he can get a variance on
rooftop screening. Original rooftop screening ordinance is outdated. Technology now provides
advanced and unintrusive units. Urged the Council to throw out the existing ordinance.
Questions from Councilmembers:
Wuellner: Were you aware of the ordinance when it was built?
Hansen: Busy with other aspects of building.
Wuellner: Did you know you were going to have a problem?
Hansen: It was not of primary importance at the time.
Rye: Staff took restrictive view. Staff operating on ordinance currently in effect. The requested
variances did not meet hardship criteria. Some concerns are addressed in the proposed ordinance.
Kedrowski: What are the changes in terms of rooftop screening?
Rye: There are two standards. One in the business park, the other in the community. Screening versus
painting equipment to match. Now business park will resemble community standard. Irrigation;
currently requires one year letter of credit on landscaping even with irrigation. New ordinance gives
option of two year letter of credit in lieu of irrigation.
Comments from Councilmembers:
Kedrowski: Supports applicant. Supply letter of credit for landscaping for two years. No rooftop
screemng.
Petersen: Concur.
Schenck: Planning Commission and staff acted appropriately. Brought to appeal process. Supports two
year letter in lieu of irrigation. Visual impact of rooftop units can be minimized another way.
Mader: Sympathetic view of irrigation. Should not screen something that does not need it. But should
not overturn variance based on anticipation of a new ordinance. Prefers that the City and Hansen work
out a separate agreement for occupancy if it conforms with the new ordinance.
9219B.DOC
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Boyles: We're trying to resolve this on the basis ofthe existing ordinance.
Wuellner: Should follow hardship criteria in the ordinance. Should not grant based on presupposed
zoning ordinance adoption. .
Pace: Can approve based on a number of conditions. Identify what conditions you want to see in a
resolution overturning the decision, direct staff to prepare and bring back to next meeting. Should be
time frame.
Schenck: What if it passes and then is amended?
Pace: In both cases, within a specific time after the new ordinance is adopted. What needs to be clear is
if it is being granted subject to conditions. If the new ordinance is not adopted, he has to comply with
the existing code within a specific period of time. This is an agreement, not actually a variance. A
variance is subject to appeal by other affected property owners.
Hansen: His business is open, he needs permanent financing and will conform to the conditions.
MOTION BY MADER SECOND BY KEDROWSKI DIRECllNG STAFF TO ENTER INTO AN
AGREEMENT WITH HANSEN THAT HE WILL COMPLY WITH EXISTING OR NE;W
ORDINANCE IF PASSED AT THE END OF 12 MONTHS AND A FINANCIAL SECURITY IN A
FORM ACCEPTABLE TO CITY STAFF WILL BE PROVIDED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION 98-109
UPHOLDING A DECISION OF THE PLANNING COMMISSION DENYING A VARIANCE
REQUEST TO WAIVE ROOF-TOP SCREENING AND LANDSCAPE IRRIGATION
REQUIREMENTS FOR DAVE HANSEN ON PROPERTY LOCATED AT 17001 FISH POINT
ROAD.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK THAT STAFF PROVIDE INFORMATION
TO THE MORTGAGE COMPANY RELATING TO PERMANENT OCCUPANCY AND THE
AGREEMENT BETWEEN THE CITY AND HANSEN.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
11. Ol.tI.ER BUSINESS:
A. Executive Session to Discuss Pending Litigation.
Council adjourned into Executive Session at 11 :00 p.m.
Council adjourned out of Executive Session at 11:37 p.m.
Mader: This has been a difficult process for the Mendens and the City Council. No Councilmember
indicated their desire for condemnation. The Council authorized condemnation to provide a basis to
examine the alternatives to fulfill referendum obligations. Needed to be able to go into Executive
Sessions to discuss legal and financial alternatives. The Council has acted in good faith.
9219B.DOC
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MOTION BY WUELLNER SECOND BY SCHENCK TO APPROVE RESOLUTION 98-111
RESCINDING RESOLUTION 98-100 AUTHORIZING COUNCIL TO COMMENCE
CONDEMNATION PROCEEDINGS ON PROPERTY REFERRED TO AS MENDEN FARM.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
Fritz Menden thanked the City Council.
Council adjourned into Executive Session at 11:45 p.m.
Council adjourned from Executive Session at 12:45 a.m.
B. Further Discussion on Executive Session Issues
Mader: The purpose of Executive Session was discussion on the Kop farm, a claim by Valley Paving,
and third related to inverse condemnation activity on Vierling property.
MOTION BY MADER TO DISCONTINUE CONDEMNATION PROCEEDINGS ON KOP FARM.
Motion died for lack of a second.
C. Procedures for Public Forum
Schenck: There should be guidelines for the public forums, once per month, at the first meeting of
month. Forums should not address concerns that are on the agenda.
Kedrowski: Disagrees. The forums are for issues the public feels are relevant. Two times per month
works fine.
Mader: Concurs with Kedrowski. Should not regulate informal opportunity for the Public to address the
Council. Otherwise it is too regulatory. Regulating the amount of time they use is OK
Wuellner: Concurs with Kedrowski.
D. Procedures for Assessment Hearing.
This item was removed.
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
MOTION BY WUELLNER SECOND BY PETERSEN TO ADJOURN.
Upon a vote, ayes by Ma r, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
12:55 a.m.
16; I( /JJ{l //) iJJ ~A)
Recording Secretary
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