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HomeMy WebLinkAboutAgenda & Minutes EDA MEETING (5:30pm - 7:00pm) FORUM (7:00pm) +++ REGULAR COUNCIL MEETING AGENDA Date: December 21 , 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. December 7, 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 Counci/member, 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 Resolution 98-XX Authorizing City receipt of $15,000 from the Prior Lake-Spring Lake Watershed District Clean Water Partnership Grant Program to assist in the funding of the Fish Point Park Channel Improvement Proj ect. G. Consider Approval of an Agreement for Fire and Rescue Services for Credit River and Spring Lake Townships. H. Consider Approval of Reappointment of Members to the Lake Advisory Committee. 1. Consider Approval of 1999 Cigarette License Renewals J. Consider Approval of 1999 Massage Therapy License Renewals 6. ITEMS REMOVED FROM CONSENT AGENDA: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Agenda -- 12/21/98 7. PRESENTATIONS: None. 8. PUBLIC HEARINGS: A. Consider Approval of Ordinance 98-XX Approving an Official Map for the Ring Road located between Franklin Trail and Toronto Avenue. B. Consider Assessment Hearing for 1997 Improvement Project 97-17 Pike Lake Trail, and Considering Approval of Resolution 98-XX Adopting the Assessment Roll Therefore. 9. OLD BUSINESS: A. Consider Approval of Resolution 98-XX Adopting 1999 Prior Lake Budgets and Certifying Final 1999 City of Prior Lake Property Tax Levy to Scott County Auditor. B. Consider Approval of Purchase of Emergency Vehicle Preemption Devices for Major Intersections in Prior Lake. C. Consider Approval of Lake Advisory Committee Report Relating to Lake Closure and Access Closure. D. Consider Approval of Resolution 98-XX Directing the Staff to Prepare an Ordinance with Findings of Fact for the Adoption of a Comprehensive Zoning Ordinance for the City of Prior Lake. 10. NEW BUSINESS: A. Consider Approval of Ordinance 98-XX Adopting a New Liquor Ordinance for the City of Prior Lake. B. Consider Approval of 1998 City Manager Performance Evaluation and Salary Review. C. Consider Approval of Ordinance 98-XX Adopting 1998 State Building Code and 1997 Uniform Building Code and Approving an Amendment to Title 4 Chapter 1 of the Prior Lake City Code to Replace Section 4-1-1 and 4-1-2 of Title 4 Chapter 1 of the Prior Lake City Code. 11. OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation. 12. ANNOUNCEMENTS/CORRESPONDENCE: 13. ADJOURNMENT: ilcouncillagendasl122198.DOC REGULAR COUNCIL MEETING MINUTES Date: December 7, 1998 1. CALL TO ORDER: Mayor Mader called the meeting to order and welcomed everyone to the meeting. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen and Wuellner, City Manager Boyles, Assistant City Manager Woodson, City Attorney Pace, Planning Coordinator Kansier, City Engineer IIkka, Finance Director Teschner and Recording Secretary Meyer. Absent from the meeting was Councilmember Schenck who was out-of-town on business. 2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. 3. APPROVAL OF AGENDA: MADER: Proposed to move Items 7 A and 8A to the beginning of the meeting to allow those persons present specifically for the presentation and the Truth-in-Taxation Hearing to leave early if they wish. MOTION BY WUELLNER, SECOND BY KEDROWSKI TO APPROVE THE AGENDA, AS AMENDED. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 4. PRESENTATIONS: Presentation of Proclamation to Scott County Officials for Completion of Major Road Improvements in Prior Lake. {Moved from Item 7A in the Aaenda.7 BOYLES.: Thanked Scott County officials and expressed the City's gratitude for the improvements to County Roads within Prior Lake. MADER: Also thanked Scott County officials, read proclamation and presented plaque. SCOTT COUNTY COMMISSIONER ART BANNERMAN: Accepted award and invited all citizens to the opening of the new Scott County Justice Center. SCOTT COUNTY COMMISSIONER BARBARA MARSCHALL: Expressed gratitude for the recognition. 5. PUBLIC HEARINGS: Truth-in-Taxation Hearing for Proposed 1999 City Budgets City Manager Boyles introduced the item and provided a detailed presentation on the proposed 1999 budget. He also advised the Council that after the presentation and public input, the Council should either close the public hearing or continue the hearing to December 14, 1998. The Council is prevented by statute from acting on the proposed Budget until its Dec. 21, 1998 meeting. The following outline was used by the City Manager for his presentation. Outlined timeline for approval of the 1999 Budget. Overview 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .' Council Meeting Minutes December 7. 1998 Council Mission Statement (This Council has been more aggressive than the state's levy limits in order to control the cost of government) Revenues Overview Expenditures Overview Total Budget and Levy Comparison Overview Expenditures - Specific (CPI v. Household Growth) Increases attributed to/Decreases attributed to Detailed Differences Impact on typical residential home (annual) On-going efforts to cut the cost of government. Enterprise Fund budgets for 1999 Mayor Mader allowed the audience an opportunity to speak. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING AFTER NO INPUT/QUESTIONS BY THE PUBLIC. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 6. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. November 16, 1998 Item #8, Page 4, Paragraph 5 shall be deleted and amended to read as follows: Yes, variances run with the property. However, it must be rebuilt in 365 days and would have to meet current setback requirements or otherwise get a variance. Item #8, Page 7, Paragraph 13, 2nd sentence shall be amended as follows: Agrees wi-tR there is over-restrictiveness on Bluff Ordinance and that the Indemnification is unnecessary. Item #8, Page 8, Paragraph 7, 2nd sentence shall be amended as follows: With respect to land and shoreland district, lot combination is not a discretionary matter under the DNR I:md uso shoreland regulations. Item #9, Page 9, Paragraph 8 shall be deleted in its entirety and amended to read as follows: If the Fire Chief declares a public safety hazard to exist, the City can do this whether the streets are public or private. Tho quostion is whon. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE NOVEMBER 16, 1998 MEETING, AS AMENDED. UPON A VOTE - AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. B. November 18, 1998 Special meeting: MADER pointed out that only two Council members present tonight were in attendance at the Special Meeting and questioned whether two Councilmembers can approve minutes. PACE confirmed that she believed two Councilmembers can approve the minutes. 12079B.DOC 2 Council Meeting Minutes December 7. 1998 MOTION BY WUELLNER, SECOND BY PETERSEN TO ACCEPT THE MINUTES OF THE NOVEMBER 18,1998 SPECIAL MEETING. UPON A VOTE, AYES BY PETERSEN AND WUELLNER, THE MOTION CARRIED. MADER AND KEDROWSKI ABSTAINED. 7. 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. [This Item was moved from its order in the Agenda to become Item 7A-7F] Councilmember Wuellner requested item 5D (now 7D) be removed from the Consent Agenda. Mayor Mader requested items 5C and 5E (now 7C and 7E) be removed from the Consent Agenda. 7A. Consider Approval of Invoices to be Paid. 7B. Consider Approval of Sale of Excess City Vehicle. 7F. Consider approval of massage therapy license for Marion Lannon. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA ITEMS A, BAND F. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 8. REMOVED FROM CONSENT AGENDA: 7C (formerly 5C) - Consider Approval of Resolution 9B-XX Authorizing the Purchase of One 1999 One-Ton Four-Wheel Drive Pickup Truck and One 1999 One-Ton Utility Truck. MADER: Stated that the acquisition of this equipment at this level of expenditure is not a consent agenda item. He questioned the acquisition of new equipment vs. maintaining the old, and whether the City was getting good utilization of its vehicles. He stated that with 50 city vehicles available for use, is it necessary to purchase new vehicles? BOYLES: Clarified the Staff report by noting that vehicles are used to get people to and from the job with the equipment necessary to do the job, and that all City vehicles are not available for this use. He further explained that the City would preserve the old vehicles while using new vehicles for the most strenuous activities Le. snowplowing and hauling. He also noted that low mileage was not necessarily the only indication of use of the vehicles. WUELLNER: Agreed with Boyles that the shortest trips are often the hardest, and that City vehicles need to be reliable in order to serve the public. KEDROWSKI: Asked if there is cross-use of equipment between the public works and parks departments, and also asked how many vehicles the parks and public works departments really have for daily use? 120798.DOC 3 Council Meeting Minutes December 7. 1998 t1ARTMAN: Explained that public works and parks maintenance staffs share equipment on a daily basis when they can, and there still are not enough trucks, especially with additional summer help. He also pointed out that the departments don't routinely use 5-ton trucks for day-to-day transportation. Hartman further stated that there are probably 15 vehicles between the parks and public works departments (including the 7 large trucks not used daily). KEDROWSKI: Clarified that not all 50 vehicles referenced are utilized by the parks and public works departments. He also asked if we hadn't already approved this acquisition earlier in the year? MADER: Explained that the Council had merely approved the planning documents and had not specifically voted to approve this purchase. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 98- XX AUTHORIZING THE PURCHASE OF ONE 1999 ONE-TON FOUR-WHEEL DRIVE PICKUP TRUCK AND ONE 1999 ONE-TON UTILITY TRUCK. UPON A VOTE, AYES BY KEDROWSKI, PETERSEN AND WUELLNER, NAY BY MADER, THE MOTION CARRIED.' 70. - Consider approval of Change Order No. 1 to the Contract for Reconstruction of Wellhouse #3. WUELLNER: Asked for clarification as to whether this Change Order was a result of a mistake or oversight by the Consultant? CONSULTANT TOM ROUSHAR: Indicated that they rushed the project through in order to get construction started in the fall season. Originally planned to use chlorine because it's the traditionally used chemical. Well house #3 storage and monitor spaces (in excess of 200 sq. ft.) required under UBC, activates the additional requirements with respect to the use of sodium hypochlorite. WUELLNER: Wouldn't a literal interpretation of the UBC within the original design make the preparer of the original design responsible for the cost of the Change. CONSULTANT TOM ROUSHAR: Only if it was in the original design. ILKKA: Provided further clarification with respect to professional liability. He stated that the City would be responsible for paying if these items had been included in the original bid. MOTION BY WUELLNER, SECOND BY KEDROWSKI TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT FOR RECONSTRUCTION OF WELLHOUSE #3. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 7E. Consider Approval of the following Resolutions: 1. Resolution 98-XX Declaring Costs to be assessed and Ordering Preparation of Proposed Assessment Roll for Project 97-17, Pike Lake Trail Improvement. 2. Resolution 98-XX Establishing the Date of the Assessment Hearing for Project 97-17, Pike Lake Trail Improvements. 12079B.DOC 4 Council Meeting Minutes December 7. 1998 MADER: Requested a brief clarification of project costs. ILKKA: Provided clarification in conjunction with Staff Report. MADER: Has notice of hearing appeared in the paper? Stated concern regarding notification to property owners and further litigation. BOYLES: Confirmed that City had complied with all notice requirements. MOTION BY MADER, SECOND BY WUELLNER TO APPROVE RESOLUTION 98-XX DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PROJECT 97-17, PIKE LAKE TRAIL IMPROVEMENT. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. MOTION BY MADER, SECOND BY WUELLNER TO APPROVE RESOLUTION 98-XX ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR PROJECT 97-17, PIKE LAKE TRAIL IMPROVEMENTS. UPON A VOTE, AYES BY MADER, KEDROWSKI", PETERSEN AND WUELLNER, THE MOTION CARRIED. 9. OLD BUSINESS: A. Consider Approval of Ordinance 9B-XX Amending Title 9, Chapter 5 of the Prior Lake City Code concerning discharges into the Sanitary Sewer System. BOYLES: Outlined the proposed changes in the ordinances which will allow for the implementation of the sump pump disconnection program. MADER: Pointed out that if there were no financial impact to the City, there would be no reason for the proposed amendment requiring a permanently installed discharge line for sump pumps, and asked Mr. IIkka to clarify. ILKKA: Provided clarification regarding sump pumps and the cross-connections into the sanitary sewer system, stating that the City ends up paying a charge for the costs of treatment of clear water. Based upon the programs reviewed in other cities, by implementing the proposed amendment, we anticipate realizing a significant reduction in waste water treatment costs. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE ORDINANCE 98-XX AMENDING TITLE 9, CHAPTER 5 OF THE CITY OF PRIOR LAKE CITY CODE CONCERNING DISCHARGES INTO THE SANITARY SEWER SYSTEM. AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 10. NEW BUSINESS: A. Consider Approval of Ordinance 9B-XX Approving an Amendment to the Zoning Ordinance to Extend the Hours of Operation for Gymnastic Schools in the BP (Business Park) District. BOYLES: Clarified for the record that this approval applied only to the school district. The rationale for applying such an exception to the school district is the tax implications which 12079B.DOC 5 Council Meeting Minutes December 7. 1998 -, the school's use of a facility outside the community has. The amendment saves taxpayers dollars which is unique to the school district. PACE: Explained that the amendment proposed creates an exception to hours of operation for only school events. The Council would need a rationale basis for the distinction between schools and other similar businesses, and to determine if the exception is overcoming the rule? It is certainly a policy decision. There is a rationale for permitting schools because school district taxes and levies have a burden to the community. KEDROWSKI: Questioned staff regarding the impact of limited parking? KANSIER: Staff recommended denial of this amendment because of the potential parking and traffic concerns within the business park. Extending the hours can cause problems for businesses in the business park who would have to compete for parking during events. However, should the Council elect to approve the amendment, the City does have the opportunity to re-evaluate the traffic and parking concerns through its issuance of the required Conditional Use Permit. MOTION BY KEDROWSKI, SECOND BY WUELLNER, TO APPROVE ORDINANCE 98- XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE HOURS OF OPERATION FOR GYMNASTIC SCHOOLS IN THE BP (BUSINESS PARK) DISTRICT. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. B. Consider Approval of Resolution 98-XX Amending Resolution 98-43 Approving the Administrative Plat Request of Hillcrest Homes. City Manager Boyles introduced the item in conjunction with the Staff report. He indicated that the main concern was with road access to the plat. Options (1) Public use of Private property agreement; (2) Developer to construct public road by (a) assessment, or (b) developer paid. KEDROWSKI : Requested clarification as to the options and why we would entertain a request to readdress an issue we had already decided on. BOYLES, PACE, ILKKA and KANSIER each detailed issues with developing a public right-of- way for private use (i.e. a driveway). Staff stated that a special assessment would allow the developer to pay for the improvement over a period of ten years, and that this is an option available through our subdivision ordinance. Staff also advised that this is a 20-foot wide public right-of-way which meets the standards required by Fire Code for development of a public road. The City would not need to acquire additional right-of-way from adjacent property owners, but would need temporary construction easements. Staff recommended bringing the Resolution to the Council because there are several benefits to having the developer install a standard public street - namely fire/emergency vehicle access. ApPLICANT CHRIS DEANOVIC [Hillcrest Homes]: Stated that construction of the driveway is one-sided with regard to his property owners (i.e. they would be required to maintain public property.) That fact, in combination with the development of Red Oaks, brought up the 12079B.DOC 6 .. .A' -:iiT Council Meeting Minutes December 7. 1998 discussion of whether this road would potentially be under public improvement anyway? Fire safety and DNR have both approved the developer design of a public roadway. MADER: Raised concerns that one of the affected property owners (Mr. Fike) would object, and stated that he is uncomfortable with amending the resolution because it may open the door for further dispute. BOYLES: Clarified that this resolution does not approve a public right-of-way. What it does is provide an opportunity to pursue other options. Further approval of design, etc. will come through the Council. WUELLNER: Questioned the developers costs for installing a standard public road? ApPLICANT DEANOVIC: The retaining wall, road base, final topcoat. MADER: Asked if Mr. Fike has access now, what would be his benefit to gain 100-feet of roadway. ILKKA: Potentially, because his driveway is in a public right-of-way, he and the other two properties could have to absorb an assessment for an entire improvement project. There was discussion regarding specific language in resolution. KEDROWSKI: Stated that the Council can't try to anticipate every problem. Let's give the developer the rope to complete his project. MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 98- XX AMENDING RESOLUTION 98-43 APPROVING THE ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES. KEDROWSKI: Stated that the fact is Mr. Fike does not want the development, and each property owner has the right to develop if he so chooses. DEVELOPER: This has not been an easy project for us either (Le. difficult neighboring property, low elevation, road that doesn't exist). AYES BY KEDROWSKI, PETERSEN, WUELLNER, NAY BY MADER, MOTION CARRIED. C. Consider Approval revisions to the Parks Division Winter Maintenance Policy. Boyles presented a brief overview of the Winter Maintenance Policy and the action required by the Council. AI Friedges gave a brief presentation of the specific proposed trail and sidewalk additions to the Winter Maintenance Policy. KEDROWSKI: Why Duluth Ave.? Isn't that private property? What is the policy for unmaintained trails abutting private property? HOKENESS: On Duluth Ave. in particular there are big gaps. It is easier and more efficient for maintenance to just plow the entire trail. 12079B.DOC 7 Council Meeting Minutes December 7. 1998 MADER: How do we keep from plowing iHe sidewalks for private citizens? Do we open the door for private citizens who want their sidewalks plowed? HOKENESS: That's the reason for our Winter Maintenance policy. We believe our policies and procedures with the public are complete and well-articulated. MADER: What is the criteria? HOKENESS: It's the criteria and priority as set out in the Council-adopted policy. MOTION BY WUELLNER, SECOND BY KEDROWSKI TO APPROVE REVISION TO THE PARKS DIVISION WINTER MAINTENANCE POLICY. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. 11. OTHER BUSINESS: WUELLNER: Continuation of Zoning Ord. Workshop: (1) Bluff ordinance - Current DNR regulation is 30 feet, but will deal with 20 feet with just cause. What is our direction? (2) . With respect to lot combinations, could we look at shoreland ordinance for riparian lot width at 75 feet so that you could have two developable lots? MADER: Understood that the DNR would only approve a variance at 20 feet with just cause. Our direction is to meet the 30-feet requirement. KANSIER: Our information from the DNR is that they would not consider riparian lot width at 75 feet, but we will double-check. PACE: You realize you would need three lots. MADER: With regard to the Truth-in Taxation Hearing, he received a letter from a property owner he failed to note. Please include it in the public record. Also, he suggested an Executive Session for litigation, specifically Shady Beach at the December 21, 1998 meeting. 13. ADJOURNMENT MOTION BY WUELLNER, SECOND BY KEDROWSKI TO ADJOURN THE REGULAR MEETING. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND WUELLNER, THE MOTION CARRIED. The meeting adjourned at 10:09 p.m. City Manager Recording Secretary 12079B.DOC 8 __u_~ . II!"