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HomeMy WebLinkAboutAgenda & Minutes EDA MEETING 5:30 - 7:00 p.m. 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: November 16 , 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. November 2,1998 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 oflnvoices 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 Resolution 98-XX Authorizing Special Assessment Deferral for Project 98-15, Pleasant Street Reconstruction. G. Consider Approval of Resolution 98-XX Denying the Final PUD Plan and Final Plat for Creekside Estates, also known as Eagle Creek Assisted Living Facility (case file #98- 088). H. Consider Approval of Resolution 98-XX Requesting the Metropolitan Council Grant a Four Month Extension of the December 31, 1998, Due Date for Review of the City of Prior Lake Comprehensive Plan for Consistency with Amended Metropolitan Council Policy Plans. 6. ITEMS REMOVED FROM CONSENT AGENDA: A. 7. PRESENTATIONS: A. 16~R$Jrk;~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -, -, 8. PUBLIC HEARINGS: A. Continuation of Public Hearing to Consider Approval of a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. 9. OLD BUSINESS: A. Consider Approval of Report on Fire Safety Access to Certain Private and Public Streets. B. Consider Approval of Park Advisory Committee Recommendation for Land Acquisition for Community Park! Athletic Complex: 1. Resolution 98-XX Approving Purchase Agreement for "Busse Property". 2. Resolution 98-XX Approving Purchase Agreement for "Mahoney Property". 10. NEW BUSINESS: A. Consider Approval of Resolution 98-XX Approving Conditional Use Permit for Larry Mechura D.B.A. Billiards and Arcade on Property Located at 16760 Toronto Avenue. B. Consider Approval of Mayor's Recommendation for Appointment to Fill the Vacancy on the Prior Lake Economic Development Authority. 11. OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation and Labor Negotiations 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT 11l69S.DOC CITY COUNCIL MEETING MINUTES NOVEMBER 2,1998 1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen and Schenck, City Manager Boyles, Assistant City Manager Woodson, City Attorney Pace, Assistant City Attorney Brokl, Planning Director Rye, Planning Coordinator Kansier, City Engineer Ilkka, Assistant City Engineer McDermott, Police Sergeant Rob Boe, and Fire Chief Dave Chromy. Councilmember Wuellner was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. 3. APPROVAL OF AGENDA: Councilmember Schenck asked to add item under Other Business to discuss the City Manager's Performance Evaluation process. City Manager Boyles asked the Council to schedule an Executive Session at the end of the meeting to discuss pending litigation with respect to the Holy Cross Church appeal of Special Assessments. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. October 19, 1998 MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE OCTOBER 19, 1998 CITY COUNCIL MEETING. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 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. 16~Q2~~~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-42f5 AN EQUAL OPPORTUNITY EMPLOYER A. Consider Approval of Invoices to Be Paid. B. Consider Approval of Resolution 98-XX Continuing City Particip:;ttion in Livable Communities Program. C. Consider Approval of Resolution 98-XX Appointing Y2K Coordinator. D. Consider Approval of Resolution 98-XX Directing Review of Conditional Use Requirements with Respect to Hours of Operation for Gymnastic Facilities in the Business Park Zone. Mayor Mader asked the City Manager to comment on Item 5C. City Manager Boyles reviewed the item and the potential impact of the Year 2000 computer problem. A committee has been established to coordinate the City's efforts to ensure that City services continue without interruption. The coordinator recommended is our MIS coordinator who we share with Savage and Shakopee. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: There were no items removed from the Consent Agenda. 7. PRESENTATIONS: A. Proclamation Declaring the Second Week of November Youth Appreciation Week. Mayor Mader read the Proclamation proclaiming second week of November as "Youth Appreciation Week" in Prior Lake. B. Consider Approval of a Donation from the Prior Lake VFW for the Purchase of Emergency Command Post Equipment for Installation at Prior Lake Fire Station I. Fire Chief Dave Chromy commented on Prior Lake's history regarding storms, specifically this past May. He expressed the need to have a complete and comprehensive command post to deal with the communication elements associated with the storms. He informed the Council that Jody Anexstad, VFW Commander, offered their help in the form of a donation towards a command center. MOTION BY KEDROWSKI AND SECONDED BY SCHENCK TO ACCEPT THE DONATION FOR $7,172.38 FROM THE PRIOR LAKE VFW. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. MNII0298.DOC 2 Mayor Mader thanked the VFW for the generous donation on behalf of the City and for recognizing this need. Fire Chief Chromy invited the City Council to look at the equipment after it is installed. MOTION BY KEDROWSKI SECOND BY SCHENCK AUTHORIZING STAFF TO EXPEND THE $7,172.38 VFW DONATION AS OUTLINED IN THE STAFF REPORT. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 8. PUBLIC HEARINGS: A. Continuation of Assessment Hearingfor 1998 Improvement Projects 98-14, Pleasant Street, Colorado Street, Birch Avenue and West Avenue, 98-15 Pleasant Avenue Overlay and 98-16 Duluth Avenue Specifically Relating to the Properties at 16430 and 16460 Duluth Avenue and Consider Approval of Resolution 98-XX Adopting Assessments Therefore. Comments from Councilmembers: City Manager Boyles introduced the item and provided a brief history of the past Assessment Hearing meetings. Public Comment: Mr. Nelson. 16460 Duluth Avenue Does the City have a response to our proposal? Mayor Mader: Stated that the staffreport recommends the assessment remain as is. Mr. Nelson: Why were the Reinbolts allowed to appeal without being at the meeting or submitting a written objection? Mayor Mader: The Reinbolts had called but could not be at the meeting but asked for consideration given to their situation. At that meeting I was informed by the City Manager or City Attorney that they would have to have submitted it in writing or in person to protect their right to appeal. Richard Nelson: The City Council seems to be able to give consideration to certain people. BovIes: The Council is considering the Special Assessments in accordance with the Special Assessment Policy adopted in the 1980's. The City Council did review your assessment as you requested, and as a result, did make some revisions/corrections. The Council is looking at these under a policy which tries to look at each and every property with unique circumstances that are raised to address the special needs of each property. You do have the right to appeal. MNII0298.DOC 3 Mrs. Nelson: It states right in here in our copy in our mailed assessment that "no appeal may be taken as to the amount of any assessment unless a signed written objection is filed with the City Manager prior to the Hearing or presented to the presiding officer at the Hearing" . Citv Attornev Pace: Stated that this is the language that is required under M.S. 429. to be put in all notices is to clarify the appeal process. Mrs. Nelson: We were told that their assessment was reduced by them. Boyles: Your assessment was also reduced. Mrs. Nelson: No, the addition error was corrected. Mayor Mader: I have not talked to the Reinbolts personally nor have I met them; I have received a letter from a relative of theirs and the City has received the request for consideration on their assessment. MOTION BY KEDROWSKI AND SECONDED BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. The Public Hearing closed at 7:54 p.m. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT RESOLUTION 98- XX AMENDING RESOLUTION 98-110 WHICH ADOPTED ASSESSMENTS FOR PROJECT 98-14 PLEASANT STREET, COLORADO STREET, BIRCH AVENUE, WEST AVENUE, AND PROJECT 98-15 PLEASANT STREET OVERLAY AND PROJECT 98- 16 DULUTH AVENUE. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. B. Continuation of Public Hearing to Consider Approval of a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. Comments from Councilmembers: City Manager Boyles introduced the item and summarized the past meeting discussion on the proposed Zoning Ordinance. Planning Director Rye walked through the staffs responses to the issues raised at the previous Zoning Ordinance Public Hearings. Nine items were discussed as summarized in staff report. They include: 1.) Define point of measurement for setbacks. 2.) Clarify whether or not the Lighting provisions (Section 1107.1800) apply to single family residences. 3.) Clarify whether or not the Landscaping and Screening provisions (Section 1107.1900) apply to single family residences. 4.) Clarify whether the Architectural Design Standards (Section 1107.2200) apply to single family dwellings. 5.) Review lakeshore setback averaging {Section 1104.308 (2)}. 6.) Legal Ramifications of Lot Combination. MN l10298.DOC 4 7.) Certificates of Occupancy for Nonconforming Uses (Section 1107.2305). 8.) Fence Height (Section 1101.504). 9.) Zoning Map Changes. "> Mayor Mader: Asked whether the issue of color of paint requirement for commercial also applied to residential. Rye: This language clarifies this. Pace: Discussed item #6 as it relates to Minnesota Statutes - you can reqmre lot combinations for substandard lakeshore lots. Rye: The maximum fence height of 42" is pretty much standard and a safety issue for visibility. Rye: We had a request from Mr. Bolen regarding some property south of the Titus Addition which is 18 acres in size and one single family dwelling and he's requested it be zoned rural subdivision (RS). Due to old agreements and need to refer them to the City Attorney before final recommendation. They were part of a variance process. We will bring this back at the next City Council meeting. Rve: Received fax regarding C. H. Carpenter Lumber request to zone property C-4 and not C-2 dealing with outdoor storage. Rye: Received a letter from Bryce Huemoeller representing Deerfield Development request that the list of permitted uses in the business park district to the C-5 district be expanded to include hotels and motels. Public Comment: Marv Mersh. 15432 Red Oaks Road: Questioned issue #1 on measurement to foundation vs to the nearest point on the building. He asked the Council to reconsider that point. He also asked the Attorney how the cases previously mentioned about lot combinations apply to Prior Lake. Pace: They were septic system cases but they do relate to a municipality being able to require combination of substandard lots under common ownership. Mersh: The rationale for the cases was that there was public health and safety reason for the combination. Here it is for aesthetics. Jerry Sullivan. 16063 Northwood Road: Questioned the lot combination prOVISiOns. Specifically, ifhis house is destroyed, can he rebuild? Rye: He can sell it and he can rebuild, but it may need a variance if the house was destroyed and needs to be rebuilt. Mayor Mader: Clarified hardship criteria to Mr. Sullivan. Kedrowski: Asked for clarification regarding this scenario. Rye: A lot of record even though substandard and deemed buildable can be rebuilt. Mayor Mader: Perhaps staff should look at this issue further to clarify it more. Jim Albers. 16043 Northwood Rd.: inconsistency with what was just said. Mentioned that he thought there may be an MNII0298.DOC 5 Pace: Indicated that the specific will govern over the general. She also clarified how/when shoreland provisions apply instead of, or in addition to, the general provisions. Mayor Mader: Suggested that this issue be clarified for the next meeting. Jim Albers: Hard to understand how Council will be able to explain this provision to neighbors regarding who gets to do what. Objects greatly to that. Attorney seems to be a proponent of indemnification. Pace: Responded that it is their job to give legal advice to the City Council. Mr. Albers: Mentioned a current bill in the State Legislature regarding property rights. Pace: The legislature adjourned in March and all bills died at the end of the session. Any law that would be adopted would have a prospective application. Mr.Albers: Asked about the purpose of the lot combination provisions. Rve: Any zoning ordinance is designed to layout the intent of City Council with respect to goals for which the City Council is looking for. Mr. Albers: Will this ordinance address measurement to eaves for setback? Rve: Yes, whatever is closest to point on the structure. Mr. Albers: Is City Council aware that this would make nearly all houses in Prior Lake nonconforming? Hopefully Council will address this. Don't believe it is the Council's intent. Schenck: Questioned the eave situation to Jim Albers. Mr. Albers: Gave an example of his own personal house with eaves inside 10'. He also gave examples of lot sizes in the past and the decisions made by past Councils. Mary Mersh: Indicated he had 2 nonconforming lots in the shoreland zone with sewer stubs, descriptions and he considers this to be 2 buildable lots. Please look at this issue carefully. Bryce Huemoeller. 16670 Franklin Trail: Commented on two memos submitted to Council. 1) Regarding the letter from Trulson's and the fence height. APA (American Planning Association) provided research of other cities in the nation that allow higher than 42" fences. 2) Deerfield's request to include hotels/motels in their area. 3) In regards to common lot ownership, what is adequate independent ownership: wife, child? Asked that the staff have answers available. Chris Deinevich. 14122 Louisiana Ave. Savage: What is the rationale for eaves vs foundation to be used as measuring point? Rye: Policy decision through Planning Commission/City Council discussion. Trying to maintain a setback point. Mr. Deinevich: Take time to look at details of this ordinance before implementing. Mayor Mader: Concern taken. MOTION BY KEDROWSKI SECOND BY PETERSEN TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 16, 1998, REGARDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP FOR THE CITY OF PRIOR LAKE. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. MNII0298.DOC 6 Council/Staff Comments: Kedruwski: . 2' consideration for eaves measured from foundation. Make sure eaves are defined. . 48" for fence height with 25% opacity. . Staff review CH Carpenter and other issues be looked at. . Comments valid regarding defining common ownership issue. Petersen: . Questioned the physical access problems associated with side yards due to bay windows. . Provide 2' limit to eaves. . Fence change to 48" okay with 25% opacity. Schenck: . Lot splitting needs further research and consideration. . Defer letters back to staff for that issue. . Supports the suggested amendments regarding 48" and 25% opacity for fences. Mader: . Setback issue from property at eaves. Need to consider aestethics and water runoff. Have stafflook at this, but don't try to cover every case with it. . Having fence height at 42" consider safety and other issues to be valid. Have Fire Chief and Police Chief comment on this situation. . Common ownership issue: Purpose was to try to not allow large house to be built on smaller lots and trying to optimize the value around the lake. . Issues of zoning regarding the Bolen property in Titus Addition and the request from CH Carpenter and Deerfield properties. Staff will review these requests and make recommendations. Schenck: . Would like to have staff look at nonconforming property/parcel to educate us as to what that actually means. C. Public Hearing to Consider Approval of Resolution 98-XX Ordering the 1999 Improvement Projects and Preparation of Plans and Specifications Therefore. Mayor Mader opened the Public Hearing at 8:25 p.m. City Manager Boyles introduced this item and provided history of process for the Capital Improvement Projects for 1999. There are 5 areas being recommended. The Assistant City Engineer will walk through each of the proposed projects. Assistant City Engineer Sue McDermott: . Walked through each of the proposed projects referencing report: graphics in the staff MNII0298.DOC 7 . Area 1 - Reconstruction of Candy Cove Trail north of T.H. 13, Manor Road, Hill Circle, Lemley Circle, and Woodlawn Circle including storm sewer, aggregate base, concrete curb and gutter, bitumiflous surfacing and appurtenant work. Proposed cost is $703,170. . Area 2 - Reconstruction of Centennial Street including storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work. Proposed cost is $62,640. Only 6 lots in area. Many trees would have to be removed. . Area 3 - Construction of sanitary sewer main and water services for North Shore Oaks First Addition. Proposed cost is $69,380. . Area 4 - Replacement of street lights along Main Avenue between Pleasant Street and Dakota Street. Proposed cost is $133,500. . Area 5 - Reconstruction of CSAH 42 from McKenna Road to the west city limits including storm sewer, watermain, bituminous surfacing, bituminous trailway and appurtenant work. Proposed cost is $385,000. . Explained the Minnesota Statutes 429 process and outlined the purpose. Several street areas are in need of repair. There are also a couple of failing septic systems. . Staff conducted 2 informational meetings with good turn out. Main concerns were with assessments, storm water improvements, costs of Centennial Street, trees removed, and sanitary sewer location with the North Shore Oaks area. Public Comment: Al Cocher. 5400 Centennial Street: Six people in cul-de-sac area. Do not need curb and gutter. Could use ditches and culverts. Jim Simon. 5366 Centennial Street: Owned since 1965. No need to do project. City has 25" of gravel on it. Manhole is covered up. We could use ditches rather than roads. No dust problem. We don't need a highway down this road. Bernie Schwanbeck. 5401 Centennial Street: Question the 100% vs 60%-40% split. Can't afford this project. Don't need big fancy road. Jim Justin. 15784 Candy Cove Trail: Question on corner lots, he has access on both Candy Cove and Centennial. Would he be assessed for both Centennial and Candy Cove? McDermott: Would be assessed only once. Because access is on Centennial. Keith Dickey. 5336 Hampton Street: Why going in back with sewer? McDermott: Elevations from front are quite a bit higher and the septic systems are in back. This is the easiest and cheapest way for homeowners to connect. Putting sewer in front would be substantially deeper than the back and would be at a higher cost to the property owners. Dickey: Has large trees there also. Should consider this. Steve Thom. 5335 140th Street: Agrees that these improvements should occur in area of North Shore Oaks. As for front and rear, up to city to figure it out. Don't care to be assessed for all of it. Can city help us out? Don Meyer. 5376 Hampton Street: Restoration of landscape. Will lose two big oak trees. Is city going to replant trees to replace these? Mayor Mader: Quite appropriate to raise this issue. Staff and City Council should be sensitive to this issue. MNl10298.DOC 8 . ~i - -- -----..rr ... .... McDermott: City does not typically cover landscaping and tree planting. MOTION BY KEDROWSKI AND SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. The Public Hearing was closed at 9:45 p.m. MOTION BY SCHENCK SECOND BY PETERSEN TO APPROVE RESOLUTION 98- XX ORDERING THE 1999 IMPROVEMENT PROJECTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CANDY COVE TRAIL, MANOR ROAD, HILL CIRCLE, LEMLEY CIRCLE, AND WOODLAWN CIRCLE, PROJECT 99-11; CENTENNIAL STREET PROJECT 99-12; AND NORTH SHORE OAKS FIRST ADDITION UTILITIES PROJECT 99-13. Kedrowski: What's our ordinance say about roadway width? How narrow can they be? Can it be 20' roadway? Ilkka: 28' standard is already reduced. Would not prefer to be held to certain number. Kedrowski: Must be other considerations in design process for this road. Petersen: Look at CSAH 42 issue with back lots. Make sure it is most cost effective to do sewer in back. McDermott: Just as many problems with front. Schenck: Centennial Street, I agree with Tom, width of street - can it be reduced? Current width is 20'. North Shore - Comparison of front vs back - would they pay for the additional cost? McDermott: We may not be able to do it in the front yard. But we will do research. Schenck: Existing fences/sheds - are they on easements? McDermott: Not sure until surveys are done. Mayor Mader: In Area 2 folks are not in favor of the project, why are we doing it? Are maintenance costs out of line for this area? My preference is to defer this to allow staff to quantify the maintenance of this area. North Shore Oaks issue - whether front vs back losing trees, we must trust judgment of staff on this when survey comes back. MOTION BY MADER SECOND BY KEDROWSKI TO AMEND MOTION ON TABLE TO EXCLUDE AREA 2 CENTENNIAL STREET AND BRING BACK TO FIRST MEETING IN DECEMBER. Schenck: Weare a city and not a village. Curb and gutter is important and needed as part of a city. Need to remember that. We need to move forward with this project and others that define us as a city. Kedrowski: Your saying we can create it by using the design standards. Schenck: I think we can. It's time to face reality. It's got to be done. Kedrowski: What type of time line on redesign, cost estimate, etc. is needed? Ilkka: Would bring back 1 st meeting in December. Schenck: Is a slope not a curb possible? Ilkka: No it is not acceptable. MNII0298.DOC 9 Mayor Mader: Agree with Pete, but there are limited amount of funds available and if there are others with higher priority. Have staff take another look at this. Don't think narrower street will reduce price that much. ", Upon a vote, ayes by Mader and Petersen. Nayes by Kedrowski and Schenck. The amendment failed. Upon a vote on the original motion, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. D. Public Hearing to Consider Approval of Resolution 98-XX Denying the Vacation of a Utility and Drainage Easement Located in Lots 43 and 44 Co. Hennen's Maple Park Shore Acres. Mayor Mader opened the Public Hearing at 9:55 p.m. Comments from Councilmembers: City Manager Boyles introduced the item and gave a brief outline of the staff report. Phyllis Jester. 4250 Ouaker Trail: Question on drainage. Hoping its going to Quaker Trail and not behind it. Rye: Exhibit A shows easements and not the drainage pattern. They will have to have a grading plan and we will review it and make sure that the drainage goes to the appropriate place. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. The Public Hearing was closed at 10: 1 0 p.m. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO MOVE RESOLUTION 98- XX TO DENYING THE VACATION OF A UTILITY AND DRAINAGE EASEMENT LOCATED IN LOTS 43 AND 44 C.O. HENNEN'S MAPLE PARK SHORE ACRES. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 9. OLD BUSINESS: A. Consider Approval of Resolution 98-XX Accepting Quote for Cates Street Channel Stabilization Project 98-11. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO TABLE RESOLUTION 98- XX ACCEPTING QUOTE FOR CATES STREET CHANNEL STABILIZATION PROJECT 98-11 TO A TIME UNCERTAIN. MNl10298.DOC 10 :joj;l .. Schenck: Why? Boyles: This will allow staff the time to work with key property owners. Mader: Is their information why property owners haven't signed agreement. " Pace: Will be addressed with staff report later. Mader: Have we incurred design costs on this project. Ilkka: In the neighborhood of $5,000 or less. Mader: What is the primary benefit to the City? Ilkka: This channel is highly eroded and ends up in Prior Lake. The goal is to try and improve the water quality of Prior Lake. Mader: In the future would it be wise to get agreement from all property owners before we design it? Ilkka: Without the feasibility report the staff does not have sufficient detail to tell the property owner the impact the project will have on their property. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 10. NEW BUSINESS: A. Consider Approval of Change Order No. 1 to the Duluth Avenue Improvement Project 98-16. City Manager Boyles introduced the item and explained the change order details as outlined in the staff report. $54,603.84 is being requested by the contractor. Staff recommends payment of $17,517 for these changes. Mader: Does contractor still consider the $54,603 as an accurate figure? Ilkka: They have a copy of the Agenda Report and said they would not be here tonight. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CHANGE ORDER NO.1 TO THE DULUTH AVENUE IMPROVEMENT PROJECT 98-16 SUBMITTED BY STAFF AND USING STAFF'S DOCUMENT AS OUTLINED FOR $17,517.00. Mader: Want to compliment staff on detailed notes with these projects. Will support the motion. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. B. Consider Approval of Ordinance 98-XX Amending Prior Lake City Code Section 9- 4-10 to Increase the Water Billing Rate by Fifteen Cents (15if) for Every One Thousand (1,000) Gallons of Water. City Manager Boyles introduced this item and explained rationale for needed change. MOTION BY KEDROWSKI SECOND SCHENCK TO AMEND ORDINANCE 98-XX PRIOR LAKE CITY CODE SECTION 9-4-10 TO INCREASE THE WATER BILLING RATE BY FIFTEEN CENTS (15~) FOR EVERY ONE THOUSAND (1,000) GALLONS OF WATER. MNl10298.DOC 11 Schenck: One question for Attorney with the agreement to provide sewer and water for Spring Lake Township, by implication will these rates also affect them? Pace: Yes. Kedrowski: Water issues we need to consider. Put together a workshop on this issue for discussion. Southwest Metro Task Force need to discuss long term implications. Bovles: We can have it as one of our annual workshop topics. Mader: Part of the issue is purification of water, this needs to be part of the discussion. Do you also have sewer cost comparisons? Teschner: It did, but I don't have those figures in front of me. Mader: The reason I raise that question is that we have changed our rates in the past where we said we reallocated the cost from sewer to water. We need to look at costs together or it could get biased in one direction or another. Boyles: We were keeping both sewer and water costs equally in the 1980's, and now we are doing it based on actual costs. Teschner: Discussed comments and surveys of cities by AMM. Mader: Ifwe compare both, we're comparable. Would have liked to see it. Mader: Amendment does not seem unreasonable. But no data showing costs, revenue, etc. for us to make a decision. Can't tell if we are over charging or under charging. Don't like the idea of making decision without the specific data. Don't want to support it without data. Teschner: At the budget workshop the detailed cost information was provided to the City Council. The MWCC dictates the costs for sewer. We detailed this with budget documents. Mader: The workshop was only a workshop no decisions made. Make sure data is at City Council meeting when the decisions are made. Teschner: Agreed and also this material will be presented at the Truth and Taxation Hearing as we typically annually go over not only the general fund but the sewer and water budget too. Mader: The decision is to be made tonight and Truth and Taxation is too late to deal with the ordinance. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A.) Schenck: At this time of year the City Manager performance evaluation forms are handed out to the Council members for their evaluation. We would like the completed forms back by December 7th. Kedrowski: Indicated that he understood that the Mayor did a State of the City Address to the Chamber and asked if the Council could have a copy. Typically this information is shared with all Councilmembers. MNII0298.DOC 12 l,a .... Mader: Stated he was unaware that this was shared with the Council. Mader: Questioned the letter from Black Mountain relating to road blocks for Deerfield. Are we to be aware of anything? Rye: The primary issue there was the extension of Adelmann. Mader: The City Manager should convene a meeting of the City Attorney, City Manager, Mayor and new executive secretary to review our meeting minutes. Mader: Has the Fire Chief provided any feedback regarding narrow streets and safe access? Boyles: Will provide this information in an upcoming Update. Mader: Wanted to reiterate that presentations made at City Council meetings should relate to city business and not to promote other things. Mader: Asked about the CR 12 traffic survey. Bovles: Received it this afternoon - will put in the Update. Boyles: EDA interviews are scheduled for November 10 at 5:00 PM at City Hall. On November 30th a Budget Workshop III is scheduled. Do we want to hold one or should we meet with Planning Commission for a joint meeting that evening. Kedrowski: Yes, November 30th meeting with Planning Commission. Mader: Yes, November 30 meeting with Planning Commission. Kedrowski: Asked about the County Joe case. Pace: There was a typographical error relating to the appeal process. The decision is from the Appeal Court and therefore subject to appeal. Kedrowski: AMM/LMC Annual Meetings, are you going Frank? Boyles: There will be staff representation. Kedrowski: I will try to go to the LMC. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION. B.) Executive Session to Discuss Pending Litigation · The Council discussed pending litigation with regards to the Holy Cross Church appeal of their Special Assessment. The City Council returned to the City Council meeting. MN110298.DOC 13 12. ADJOURNMENT MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADJOURN. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried. City Recording Secretary MNl10298.DOC 14 . ;