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EDA MEETING 5:30 - 7:00 p.m.
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: April 20, 1998
1. CALL TO ORDER................................................................................ 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVAL O~' AGENDA:
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. April 6, 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 re 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 March Building Permit Report.
B. Consider Approval of Animal Warden Monthly Report for March.
C. Consider Approval oflnvoices to be Paid.
D. Consider Approval of Treasurer's Report
E. Consider Approval of Resolution 98-XX Authority Preparation of Plans and
Specifications for Parking Lots, Trails and Road Ways for Memorial and Ponds
Parks.
F. Consider Approval of Resolution 98-XX Approving the Conditional Use Permit for
121 Townhouse Units for a Plat known as "Glynwater".
G. Consider Approval of Resolution 98-XX Awarding Bid for Purchase of Two Utility
Maintenance Vehicles with Attachments.
H. Consider Approval of Resolution 98-XX Affirming the Decision of the Planning
Commission Denying a Setback Variance by Burdick Properties to the Rear Yard
Setback Adjacent to Residential Property for the Existing Trash Enclosure on
Property Located at 14180 Commerce Avenue.
I. Consider Approval of Preliminary 1998 First Quarter Investment Report Summary.
J. Consider Approval of 1998 First Quarter Budget Report and Overview.
K. Consider Approval of Resolution 98-XX Approving Prior Lake Hockey Association
Premise Permit for Lawful Gambling.
L. Consider Approvaldf a Temporary 3.2 Non-Intoxicating Malt Liquor License for
Prior Lake Jays/Mudcats Baseball Season.
16~Q~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
M. Consider Approval of Recycling Grant Agreement with Scott County and Schedule
1998 Fall Clean Up Day.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PRESENTATIONS:
A. Consider Presentation by Dave Moran, Manager of Prior Lake - Spring Lake
Watershed District.
8. PUBLIC HEARINGS:
A.
9. OLD BUSINESS:
A. Consider Approval of Ordinance 98-XX Amending Title 8, Chapter 1, Section 3-3 of
the Prior Lake City Code Relating to Hours of Refuse Collection.
B. Consider Approval of Resolution 98-XX Authority WSB & Associates to Prepare
Feasibility Reports for Frontage Roads in the Vicinity of Trunk Highway 13 and
County State Aid Highway 42.
C. Consider Approval of Ordinance 98-XX Repealing Ordinance 92-09 Which Deleted
Mineral Extraction as a Conditional Use in the A-I and C-l District.
D. Consider approval of Change Order 1 to the Contract for Construction of Pike Lake
Trail to Eliminate a Retaining Wall.
E. Consider Approval of Resolution 98-XX Approving Plans and Specifications for
1998 Improvement Projects, Resolution 98-XX Holding Harmless the State of
Minnesota from Action that may arise from the Construction of Duluth Avenue at
Less than Municipal State Aid Standards, and Resolution 98-XX Authorizing
Parking Restrictions on Duluth Avenue.
F. Consider Approval of: 1) Change Order No.3 to the Contract for Northwood Road
and 2) Resolution 98-XX Authorizing Final Payment to Valley Paving Inc. For
Construction of North wood Road, City Project 94-02.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX Approving Developers Contract for Prior
Lake Baptist Church.
B. Consider Approval of Report Regarding Certain Modifications to the Bluff
Ordinance.
C. Consider Approval of Tax Increment Financing Policy.
11. OTHER BUSINESS:
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
42098.DOC
REGULAR COUNCIL MEETING MINUTES
Date: April 6, 1998
1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:40 p.m. Present were:
Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager
Boyles, City Attorney Pace, Assistant City Manager Woodson, Parks and Recreation
Director Hokeness, Parks Supervisor Friedges, Planning Director Rye, Planning Coordinator
Kansier, Planner Tovar, City Engineer Ilkka, and Recording Secretary Oden.
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed
everyone to the meeting.
3. APPROVAL OF AGENDA:
. Councilmember Kedrowski asked to add four items to the agenda under other business:
request for stop sign in Wilderness Ponds Subdivision, Direct Staff on Bluff Ordinance,
discussion of grandfathering aspect of Bluff Ordinance, and discussion of boulevard trees
and decorative lighting. These items would be added under other business as 11 A, B, C, and
D.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE 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. March 16, 1998
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE MINUTES
OF THE MARCH 16 CITY COUNCIL MEETING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, 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.
A. Consider Approval of Invoices to Be Paid.
16~~&?gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215
AN EQUAL OPPORTUNITY EMPLOYER
B. Consider Approval of Ordinance 98-06 Amending the Provisions of the Zoning
Ordinance Relating to the Required Notice for a Comprehensive Zoning.
C. Consider Approval of Resolution 98-45 Authorizing Staff to Purchase (1) One 1998
or Current Model Skid Loader and Attachments
D. Consider Approval of Change Order No.1 to the Contract for Construction of Pike
Lake Trail to Eliminate a Retaining Wall.
E. Consider Approval of Massage Therapy License for Kevin Haferman.
F. Consider Approval of Resolution 98-XX Approving "Construction and Maintenance
Agreement" for Sanitary Sewer and Water.
G. Consider Approval of 1997 Annual Planned Unit Development Status Report
H. Consider Approval of 1997 Variance Summary Report
I. Consider Approval of Revised City Purchasing Policy.
J. Consider Approval of Resolution 98-XX Awarding the Bid for the Reconstruction of
Wellhouse #3, Project 97-03.
· Mayor Mader requested that items C, D, E, F, J be removed from the Consent Agenda for
further discussion.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ITEMS A, B, G, H,
and I OF THE CONSENT AGENDA.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
6.
ITEMS REMOVED FROM CONSENT AGENDA:
A. (5C)Consider Approval of Resolution 98-45 Authorizing Staff to Purchase (1) One
1998 or Current Model Skid Loader and Attachments
.
Mayor Mader said the equipment was identified in the matrix which identifies a schedule for
equipment replacement. He asked for a clarification on why it was being kept instead of
traded in.
.
Parks Supervisor Friedges said the current schedule shows the need for the equipment
replacement. The equipment is worn out. Staff decided to purchase a new one and keep the
existing one for lighter duties until the year 2002. This would eliminate the need for renting
a second piece of equipment during the summer months for these light duties. The past 2-3
years has cost between $3,000 - $4,000 for rental equipment during summer months. The
trade - in value would be approximately $5,500.
.
Mayor Mader asked whether the $3,000 - $4,000 would be reflected in past financial
statements.
.
Parks Supervisor Friedges said yes.
.
Mayor Mader asked whether more work could be done with the new equipment than the old
equipment.
CC46 DOC
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. Parks Supervisor Friedges said yes, the new one is larger with more horse power and
hydraulic power so it is more efficient.
MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98-
45 AUTHORIZING THE STAFF TO PURCHASE ONE 1998 OR CURRENT MODEL
SKID LOADER AND ATTACHMENTS.
. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Underferth, the motion
carried.
B. (5D)Consider Approval of Tabling the Change Order No.1 to the Contract for
Construction of Pike Lake Trail to Eliminate a Retaining Wall.
. Mayor Mader asked if the change is not made, does the contractor have th~ authorization
presently to build a retaining wall although it is unnecessary, and then bill the total contract
amount?
. City Engineer Ilkka said no.
MOTION BY SCHENCK SECOND BY PETERSEN TO TABLE THE APPROVAL OF
CHANGE ORDER NO.1 TO THE CONTRACT FOR CONSTRUCTION OF PIKE LAKE
TRAIL TO ELIMINATE A RETAINING WALL UNTIL APRIL 20, 1998.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
C. (5E) Consider Approval of Massage Therapy License for Kevin Haferman.
. Mayor Mader asked whether the business would be in a private residence.
. City Manager Boyles said the City Code does not provide for a specific location with regard
to licensing an individual. This license would be in compliance with current City Code.
MOTION BY MADER SECOND BY SCHENCK TO APPROVE THE MASSAGE
THERAPY LICENSE FOR KEVIN HAFERMAN.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
D. (5F) Consider Approval of Resolution 98-XX Approving "Construction and
Maintenance Agreement" for Sanitary Sewer and Water.
.
Mayor Mader said it appears from letters from the Spring Lake Township attorney that there
are a lot of open items that are not yet resolved, and areas where the Spring Lake Township
Attorney was objecting to some items in the agreement that Prior Lake prepared. He said it
CC46.DOC
3
does not make sense to act on it now, but to move forward with discussions to have both
parties reach some agreement.
· Andy MacArthur, attorney for Spring Lake Township, addressed the Council. He said the
letter is in response to a draft agreement. He said they have gone through a long process
trying to sort out the agreement and the City staff has worked well with the Township. He
said the response outlined the concerns of the Township. He said they have gone over the
agreement and have some questions. He said it was a good step forward in trying to reach an
agreement. He said there were concerns regarding the fees, evaluation of trunk fees and
things that needed to be gone over with the City Staff.
· City Manager Boyles read the staff response to ten points in Mr. MacArthur's letter.
MOTION BY MADER SECOND BY PETERSEN TO AUTHORIZE THE CITY
ATTORNEY TO NEGOTIATE AN AGREEMENT WITH SPRING LAKE TOWNSHIP
IN ACCORDANCE WITH THE ORIGINAL DRAFT OF THE SEWER AND WATER
AGREEMENT AND STAFF RECOMMENDATIONS.
· Mr. MacArthur said there were additional concerns about the whereas clauses. The clauses
did not address the issue of termination of services. As far as number four, fees, he thinks
the City Council would have to revise the fees. Some concerns are more engineering
regarding trunk fees, etc. The township needs to get the agreement as soon as possible.
· Mayor Mader said the Township and City are working together and will act expediently. He
said he was reluctant to begin negotiations tonight.
· City Manager Boyles said City Council approval of the agreement will set the tone for what
agreement will move forward.
· Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
E. 5J)Consider Approval of Resolution 98-XX Awarding the Bid for the Reconstruction
of Well house #3, Project 97-03.
.
Mayor Mader said he drove by the wellhouse, which is approximately 20 x 25 feet. If this
project is a rebuilding, it is difficult to understand the cost of $307,000.
.
City Engineer Ilkka said the real money is inside the building. The pumps, piping, and
controls for two existing wells. Additionally, the building is masonry, which is a
considerable expense.
.
Mayor Mader asked about the age ofthe facility.
CC46.DOC
4
. City Engineer Ilkka said it was approximately 25 years.
. Mayor Mader asked if there was significant deterioration inside.
. City Engineer Ilkka said there was a corrosive environment from the chlorine and fluoride.
The existing walls and pumps and electrical controls have been corroded. The City was
fortunate to have it running. The chorine gas contacting electrical instrumentation would
create a hazard.
. Mayor Mader asked how large the new building would be.
. Tom Roushar, engineering consultant with Boonestroo, Rosene, Anderlik (design engineer)
said the new wellhouse was larger than the existing wellhouse, providing for a piping run for
a future well. He said they were going away from chlorine gas to sodium hydrochloride
liquid for safety reasons. The new building is all masonry, with concrete bloc~ inside, and a
precast concrete roof wood truss system. Masonry is used because it can withstand
chemicals.
. Mayor Mader said based upon the new design, what will the life of the building be?
. Mr. Roushar said 60-80 years.
MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-
XX AWARDING THE BID FOR RECONSTRUCTION OF WELLHOUSE #3 WITH THE
PROVISION THAT THE MAYOR WILL REVIEW THE DOCUMENTATION BEFORE
SIGNING THE CONTRACT.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
7. PRESENTATIONS:
A. Proclamation Declaring the Week of April 19 - 25 as Volunteer Recognition Week in
Prior Lake.
.
Mayor Mader read a proclamation declaring the week of April 19-25 as Volunteer
Recognition Week in Prior Lake.
.
Mayor Mader spoke regarding the staff assistance to St. Peter from the City of Prior Lake.
He said he was pleased that staff made the suggestion to the City Manager to offer the
assistance.
.
Bill O'Rourke presented pictures of the St. Peter tornado. The firefighters went down to
volunteer as well as police and parks and public works maintenance. He said it was worth
the trip to go there to see St. Peter's appreciation of everyone coming to help. He said he
saw representatives from at least a dozen law enforcement agencies. The tornado was
approximately 1 1/4 miles wide. The volunteerism has assisted the community. He said they
CC46.DOC
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learned about disaster planning with an emergency operations center. The fire department
and police department went to each house. The houses were color-coded according to the
structural soundness and it was determined whether or not it was allright to enter. He
summarized the actions ofthe City staff.
8. PUBLIC HEARINGS:
A. Consider Approval of Resolution 98-XX Approving Administrative Subdivision and
Variance for Hillcrest Homes on Property Described as Lots 40, 41, and 42, Red
Oaks.
· City Manager Boyles introduced the item. The request was originally for administrative land
division. Typically that is approved by staff, but in this case there are a number of variances
requested. The Council has the option to conduct the public hearing and either take action
here or to refer it back to the Planning Commission.
· Mayor Mader convened the public hearing at 8:20 p.m..
· Planner Tovar provided a review ofthe staff report. The applicant wants to reconfigure three
lots to provide access for two lots. The property was platted in 1930. The three existing lots
are on a 20 foot wide existing dedicated public roadway. The lots are separately owned. In
the packets it shows the building envelopes on the three lots. Two lots are less than 175 feet.
The applicant wishes to split lot 41 to provide building sites for two houses rather than three.
There is an issue of access because the road currently dead-ends. The existing drive as it is
today serves two properties. The paved roadway is on adjacent lots 38 and 39. It is partially
on the dedicated right-of-way. To provide access, the drive would have to be constructed. It
would have to be elevated to be out of the flood plain and only 12 feet wide because part of
the original 20 foot roadway is below the flood plain. The applicant is proposing to reduce
the nonconformity.
· Councilmember Kedrowski said is it an either-or publici private in terms of the driveway
access.
· Planner Tovar said it is a combination. The entire road would be built in the right of way but
it would be a private road.
· Councilmember Schenck said but calling it a proposed street indicates it IS City
infrastructure.
· Planner Tovar said it is dedicated as a public road. It was never constructed and would not
meet today's City standards. A condition of the resolution is that the applicant record a
private use of public right of way document. The City owns it but allows him to use it to
construct the roadway access. The City would not be responsible for maintaining it.
· Councilmember Schenck said it does not meet standards for public streets. Does the City
have any control over construction specifications?
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Planner Tovar said at this time there are no specs on how the driveway would be built but as
a condition of approval the specifications could be put in. The road will have to be raised 2
feet to be out of the flood plain.
City Attorney Pace asked with respect to lots 38 and 39, have those property-owners paved?
Planner Tovar said she did not know how many ofthe property-owners have paved, but lots
38 and 39 are paved.
Mayor Mader said near Northwood Road was there a request for residents to put a private
roadway on public property? How did the City handle this request?
City Engineer Ilkka said there were no subdivision related issues in that case. They wanted
to pave a dedicated public right-of-way. It was agreed that the residents and City could work
together. There is a 20 foot right - of-way through Linden Circle where the City could build.
Jim Fieck of 15363 Red Oaks Road, the owner oflots 38 and 39, addressed the Council. He
said he would like to see one home down there. If the property was divided up it would be
two single family homes. If the road were lifted up two feet, there would be an impact o'n
existing conditions. He showed a picture that showed the width of the road. He said if the
City would have someone look at the site it would help.
Chris Dienevick of 14122 Louisiana Avenue in Savage, representing Hillcrest Homes,
addressed the Council. He said it was not their decision to put the road up. It was due to
federal regulations.
Mayor Mader asked if that met the federal requirements.
Mr. Dienevick said yes.
Councilmember Kedrowski asked whether there was discussion about a common driveway
access.
Mr. Dienevick said they would still have to raise it two feet.
Councilmember Schenck asked if he was concerned about the drainage from raising the
road two feet.
Mr. Dienevick said they met today and talked about a drainage plan and roadway. One
option is to place culverts beneath the road.
Councilmember Schenck asked Mr. Feick about part of the resolution requiring a driveway
easement to be obtained from Mr. Feick on the area adjacent to 38 and 39. He asked what is
his position on the easement.
Mr. Feick said his position is as long as there is a single family home instead of two he
would grant the easement. He said he never realized that the road was on public right-of-
7
way. It is now marked as a public road. Another issue is when the City put in the sewer and
water, they took out a culvert that went under the road. It did not get put back in. He said he
put up a berm. He said he doesn't know what would happen to the water if the road were
elevated two feet higher. If there would be a lot oftraffic the City would need to improve the
road.
· Planner Tovar said engineering and planning met with Mr. Feick today. They talked about
the berm that was put in which directs the water across the road. It is engineering's opinion
that he is not negatively impacted. Hillcrest Homes will put in two culverts to address
drainage on the road.
· Councilmember Wuellner asked about an administrative subdivision.
· Planner Tovar said the public road was dedicated to 20 feet.
· Councilmember Wuellner said if the Council elected to put the private road on this public
right-of-way and created an unsafe condition and if the developer only pays for
improvement of the road, who pays for the approach to the road?
· Planner Tovar said the City does not have the specs for the road yet. There is approximately
10 feet above the 904. They can move the road. That would allow at least eight feet. Then he
would have access.
· City Attorney Pace asked ifhe has constructed a driveway in the right of way.
· Planner Tovar said yes.
· City Attorney Pace said then why would he request an easement?
· Planning Director Rye said it is so they can agree on the use ofthe existing driveway.
· City Attorney Pace said there was still an issue with Mr. Feick on the City right-of way. Is
the berm encroaching?
. Planner Tovar said she was not aware of it.
· City Attorney Pace said what kind of agreement is there with the owner of the house that
exists?
· Mr. Feick said he can use the access and that was part of the agreement. Both thought it was
a private road. They did not know where the lot lines were. They asked the City to fix it. The
sloughway was ineffective. He put in a berm and ripwrapped the shoreline with DNR
permission. No permits were required.
· Councilmember Kedrowski said this can be developed into three lots. How reasonable is
that?
CC46 DOC 8
. Planner Tovar said it depends on lot area and width. As with existing lots with separate
ownership, the Council has never denied a variance because it would deprive a petitioner of
reasonable use. There is no record on file that the road was vacated.
. Councilmember Wuellner asked who is paying for improvement of roads.
. Planner Tovar said Hillcrest Homes will put the road in as a condition of building, on a
dedicated right of way, all the way to the existing road, end to end.
. Councilmember Petersen said there was a tarred area two feet lower than the road. What will
he do about that?
. Mr. Feick said that will have to be addressed.
. Planner Tovar said the green area can be moved to the west 8 feet.
. Planning Director Rye said whether there is one, two, or three houses, if it is going to be
developed, they still face the access issue.
. Mr. Dienevick said this portion of blacktop is uphill. This will meld into the proposed road.
. Mayor Mader requested a motion to close the public hearing.
MOTION BY WUELLNER SECOND BY KEDROWSKI TO CLOSE THE PUBLIC
HEARING.
Upon a vote, ayes by Mader, Kedrowksi, Petersen, Schenck, and Wuellner, the motion
carried.
.
City Manager Boyles said the options were to take action on the administrative subdivisions,
take the issue back to staff, or send the issue back to the Planning Commission.
.
Councilmember Schenck said it behooves the Council to make a decision. In looking at the
resolution, perhaps additions or conditions need to be added. He is concerned about
drainage.
.
Councilmember Wuellner said he would support the resolution with the provision that it
solves the drainage issue. If it did not, lot 42 is developable. A combination of lots 40 and 41
with variances would result in reasonable use.
.
Councilmember Petersen said his only concern is elevation of lot and drainage. If Hillcrest
would address both issues, he would support it.
.
Councilmember Kedrowski said he believed in combining substandard lots. He would
support the initiative with additional cautions in the motion so drainage issues are protected.
CC46.DOC
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· Planning Director Rye said the subject came up this afternoon of narrow private drives such
as the ones studied by the Fire Chief and City Engineer regarding parking and access. Either
in the resolution or a directive should require that the Fire Chief addresses the parking and
access issue on this road.
· Mayor Mader said he was concerned because it sounds like there is an access problem which
could create a safety and welfare problem. He said he will not support the motion because it
calls for subdividing property and granting variances. There are significant technical issues
that have to be worked out while he is in favor seeing three lots reduced to two. He would
prefer to refer it back to City staff. He said he was not too excited about revising it tonight.
MOTION KEDROWSKI SECOND PETERSEN APPROVE RESOLUTION 98-XX
ADDING #5 THAT PER STAFF'S RECOMMENDATION FIRE CHIEF REVIEW
ACCESS AND #6 HILLCREST HOMES BE DIRECTED TO PAY FOR ALL
DRAINAGE ISSUES AS A RESULT OF THE ROAD ON THE CURRENT
DEVELOPMENT.
.
Councilmember Schenck said there were other additions as well including 5 and 6 for a
friendly amendment. The developer should provide the City with an acceptable drainage
plan to mitigate the runoff on the property described as lots 38 and 39 and pay for it. All
costs associated with improvement to the current driveway should be borne by the
developer. He asked whether the City can add no parking as a condition of the resolution on
a private driveway. City Attorney Pace said that was permissible. Also, strike the first
paragraph and the word "or", and move the number one down to the line that begins "a
permit agreement".
.
City Manager Boyles recited the amendments.
.
Mayor Mader said what if the Fire Chief finds it unacceptable.
.
City Attorney Pace said it is subject to approval of Fire Chief.
.
Councilmember Wuellner said if the square footage of all three lots is added up, that is
28,000 SF represented by three lots, and when it is converted to two, it loses 5000 SF.
.
Planning Director Rye said the difference is that they don't count that area below 904 in the
survey. 28,000 square feet is the platted area. For calculating lot area, you can only count
area above 904.
.
Mayor Mader said both of the figures say it is above elevation 904.
.
Planner Tovar said exhibit A has the lot area. Lot 1, 17,020 square feet or 14,187 + or - is
above the 904' mark; Lot 2 11,163 square feet or net 9,310 above the 904. The applicant was
under the impression that the surveyor had provided him with lot area above the 904' mark.
The survey was redone to reflect the net lot area.
CC46.DOC
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. Councilmember Wuellner asked if there was a survey for each lot showing the area above
904'.
. Planner Tovar said there was not a survey broken down per lot, just platted lot area.
. Mayor Mader said there were two letters in the file indicating objection. He said it would be
better to refer it back to staff.
. Mayor Mader called the question.
Ayes by Kedrowski, Petersen, and Schenck, nays Mader and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-
XX APPROVING AN 18 FOOT VARIANCE TO A 71 FOOT LOT WIDTH AND FRONT
YARD SETBACK AND LOT AREA OF 14,120 SQUARE FEET AND 9,~10 SQUARE
FEET RATHER THAN THE REQUIRED 15,000 SQUARE FEET.
Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay Mader, the motion
carried.
. Councilmember Kedrowski requested that new business items be put ahead of old business.
New Business was moved to be heard before old business because of the number of
residents in attendance for new business items.
9. NEW BUSINESS <AGENDA ITEMS lOA, B, C):
A. (10A) Consider Approval of an Appeal by Burdick Properties of the Planning
Commission to Deny a Setback Variance by Burdick Properties to the Rear Yard
Setback Adjacent to Residential Property for the Existing Trash Enclosure on the
Property Located at 14180 Commerce Avenue
. City Manager Boyles introduced the item. The variance request deals with the trash
enclosure. The Planning Commission denied the request and the building owner is appealing
it. The staff recommends that the variance be approved based upon the hardship criteria. The
City Manager outlined the hardship criteria. The City Council should decide whether or not
it concurs with the Planning Commission and direct staff accordingly.
. Mayor Mader said he would allow input from the audience but not more than five minutes
each.
. Mark Kelley, representative for the Burdick Property, thanked the staff for its help in this
matter. He briefly outlined the history of the issue, including meetings with the
neighborhood. He said the variance would give the neighborhood the screening that it wants
for the enclosure. He said Burdick's plan will benefit the neighborhood by screening and
buffering the trash enclosure.
CC46.DOC 11
· Harry Ray, Timothy Avenue neighborhood representative, said that Timothy Avenue
residents oppose this. The main issue is the garbage enclosure which would adversely affect
the neighborhood. He said there are two other sites where the enclosure could be put. He
said residents are entitled to this courtesy for the future years ahead.
. Councilmember Kedrowski asked whether the enclosure was there before.
. Mr. Ray said yes, since 1994, but the size has been increased.
. Councilmember Kedrowski said aren't the buildings in compliance?
. Mr. Ray said the overhang encroaches on the setback.
. Councilmember Kedrowski said has the variance been granted?
. Mr. Ray said a variance has been granted to take care ofthis issue.
· Discussion occurred on the extent of the impact the trash enclosure would have on the
neighborhood both aesthetically and the odor.
· Councilmember Petersen asked if it was possible to modify the enclosure with a roof so
residents cannot see into it.
. Mr. Kelley said the structure could support it, but the code requires plantings that will grow
taller than this structure.
. Councilmember Wuellner asked how did the structure get there before if the setbacks were
established in 1994?
. Mr. Kelly said neither the builder nor the staff were aware of the violation.
. Councilmember Wuellner asked about other locations for the placement of the trash
receptacle.
. Mr. Kelley said the enclosure is convenient and practical where it is.
. Councilmember Schenck asked if a flat roof could be placed across the top.
. Mayor Mader said there was discussion about that at a prior meeting.
. Councilmember Kedrowski asked if there was anything that could be done about the smell
problem.
. Planning Director Rye said the odor gets to be a nuisance issue. He said he was not aware of
how it could be controlled.
CC46.DOC 12
· Mayor Mader asked Mr. Ray about the letter from Burdick which carried a threat of
litigation, the status of the berm and whether the berm would become an issue again. He
asked Mr. Ray about his perception on this.
. Mr. Ray said it was difficult to understand. The 1979 Prior Lake City Council minutes
explain what the berm should be. The builder has made changes by reducing it in size. His
understanding was that it would be taken care of.
· Planning Director Rye said a condition of granting a setback variance is the berming and
landscaping plan submitted as part of the plan be built. That is a condition, so that there is
something that is legally enforceable.
· City Attorney Pace reminded the Council that this is a variance on lot #2. This decision
should focus on this lot and its problems.
. Maureen Hermann, a Timothy Avenue resident, said the problem goes way back. She said
she wanted the present ordinance enforced. She wanted to know if the Council protected all
taxpayers or just the affluent. She said the taxpayers have no faith in the City to enforce the
written ordinance.
. Scott Carlson of 14191 Timothy Avenue said the berm was altered and dumpster added in
1994 and 1997. He talked of a drainage issue as well. He said he thought the City would
adhere to its ordinances, but it has not. He said all he wants is his privacy.
. Alan Mix of 14171 Timothy said the trash is obstructive, intrusive, etc. He wants the City to
enforce its ordinance.
. Councilmember Schenck said the Planning Commission indicated there were alternate sites
for the trash enclosure. He asked if anyone knew about that.
. Planning Director Rye said one that was suggested was a vacant lot to the North. Another
was in the Front Yard Setback. A third was in the parking lot.
. Councilmember Wuellner asked that staff reiterate how the trash enclosure meets the
hardship requirements.
. Planner Tovar said the hardship criteria in this case include meeting setbacks on current
property, adjacent property, and how they relate. She outlined the staff report.
. Councilmember Kedrowski said the smell issue is being raised by the residents. He asked
whether anything could be done.
. Planning Director Rye said short of closing it entirely, not really.
. Mr. Kelley said there could be a directive to seal all garbage in plastic bags. He said if the
Council feels a roof is appropriate, the developer would take that into consideration.
CC46 DOC 13
. City Manager Boyles said frequency of collection had not been discussed.
. Councilmember Schenck asked what is the frequency of pick-up?
. Mr. Kelley said twice a week.
. Mayor Mader asked if there was a motion.
. City Manager Boyles asked ifthere was a motion to direct staff to prepare a resolution?
. Councilmember Kedrowski asked if staff should take two weeks to look at the smell issue?
. Councilmember Schenck agreed. He said the developer has indicated a willingness to work
on this issue. He said it was time to bring the issue to a close.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO
PREP ARE A RESOLUTION WITH FINDINGS OF FACT ON THE TRASH
ENCLOSURE WITH ROOF, PLASTIC BAGS, PICK-UPS 3 TIMES WEEKLY, AND A
ROOF NOT MORE THAN 6 FEET IN HEIGHT.
. Councilmember Wuellner said he would much rather give up Parking Space than this
situation. He said he did not feel it met the hardship criteria.
. Councilmember Kedrowski asked if the Council could instruct the developer on this.
. Mayor Mader said he has listened to the item for months. It is unfortunate that the developer
and neighbor could not reach an agreement. He said there was a lot of history on the issue.
The enclosure was built within sixty feet, which is against ordinance. There was the issue of
a building permit for these. These are the two big issues. The Planning Commission said
there was no hardship. Staff disagreed. He understood how this could happen.
. Councilmembers Kedrowski and Schenck withdrew their motion and second.
. The option of moving the trash enclosure to the front of the building was discussed.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO UPHOLD THE PLANNING
COMMISSION DECISION TO DENY THE SETBACK VARIANCE BY BURDICK
PROPERTIES TO THE REAR YARD SETBACK ADJACENT TO RESIDENTIAL
PROPERTY AND DIRECT THE STAFF TO PREPARE A RESOLUTION WITH
FINDINGS OF FACT.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
B.
(10B)Consider Approval of Ordinance 98-XX Establishing a Moratorium on the
Operation of Certain Recreational Vehicles.
CC46.DOC
14
. ;
. City Manager Boyles introduced the item. This is an ordinance for a 90 day moratorium as
outlined in the staff report. The purpose is to provide staff and Council time to deal with the
Issue.
. Councilmember Schenck asked whether section 2 was to prohibit motorcycles?
. City Manager Boyles said no.
. Councilmember Schenck asked about licensed vehicles in the area.
. City Attorney Pace said the state law dictates which public uses are acceptable.
. Councilmember Wuellner asked if this would eliminate three wheelers in Public Right of
Way or Ditches.
. Councilmember Kedrowski asked if Snowmobiles were outside of this.
. City Attorney Pace said yes.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE ORDINANCE 98-
08 APPROVING THE 90 DAY MORATORIUM ON RECREATIONAL VEHICLES.
.
City Attorney Pace said the zoning ordinance issue will be dealt with through the public
hearing process.
.
Greg Henning, resident, said his property abuts the Titus Addition. If the 90 day moratorium
is passed that will take away the riding season. At the open forum, noise was the issue. He
said a compromise was proposed in earlier meetings.
.
Guy Olan, Amateur Motocross Association representative, said it was only kids making a
little noise. He said looking at the larger scope of things, maybe we need to look at
regulating personal watercraft?
.
Councilmember Kedrowski asked if the vehicles were licensed.
.
Mr. Olan said no, because it was private property. He said Council should consider the fact
that it is providing a positive activity for the kids.
.
Tom Cosgrove, resident of Henning Circle, said it was not an issue of motocross. He said
the issue was abusive noise. He said the whole street feels there is a problem with noise.
Spring, summer, and fall, the neighborhood has to retreat to their houses for peace and quiet.
He said they are in support of the moratorium.
.
Bill Jepsen, neighboring resident, said he lives across from the field. He no longer stays
outside because it is too loud. He said his wife cannot talk on the phone without the
windows closed. He said they tried to cut back hours but it was ineffective. He said it was
CC46.DOC
15
not just a couple of Henning boys, but the motorcycles are that are trucked in. He said it is a
racetrack without bleachers and admission.
. Councilmember Schenck said it is not the activity but the specific issue at hand. He said he
would support the ordinance.
. Councilmember Wuellner said he recognizes that recreational activity is valuable to kids.
However, he said the issue needs to be taken care of.
. Councilmember Petersen said there is 100 acres of land down by the Minnesota River that
were regulated back a few years. He said he does not want to shut this activity off.
. Councilmember Kedrowski said it was a difficult decision, but people have rights on their
property. He said he would support the moratorium tonight.
. Mayor Mader said he would support the moratorium based upon the idea that if anyone has a
vacant lot in the City, it could happen to them. This should not be allowed to happen.
. Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Schenck, and Wuellner, nay Petersen, the motion
carried.
10.
OLD BUSINESS (Agenda Items 9A, B, C):
A. Consider Approval of Report Providing Follow-Up on 1) On Street/Off Street
Parking for Fisherpersons near CSAH 21 Fishing Pier and 2) Alternate Access in
lieu of Shady Beach.
.
1) On Street/Off Street Parking for Fisherpersons near CSAH 21 Fishing Pier; City
Manager Boyles introduced the item and explained the options for dealing with the parking
issue. One option includes an area that could be purchased at around $60,000 and developed
for $15,000, for a cost of $75,000 for parking. One was that the no parking signs could be
removed on West Avenue adjacent to Lakefront Park. The DNR has no grants available for
this sort of thing. The third option is to do nothing, and leave the situation as is.
.
The Parks Advisory Committee felt the issue should be left as is. The staff said parking
should be allowed on West Avenue along Lakefront Park.
.
Mayor Mader clarified how bad resolutions can hurt the City in the long run.
.
Councilmember Kedrowski said there was no problem providing parking on West. The
Council, however, should also look long term at the parking issue.
.
Parks and Recreation Director Hokeness said that requires walking two blocks.
.
Mayor Mader said the problem was people fishing off the "wall" area and not just the pier.
CC46.DOC
16
---.-
. Discussion occurred on the impacts of option one of providing parking on West Avenue.
. Councilmember Kedrowski said some type of parking should be looked at 2-10 years out.
. Councilmember Petersen said he can't see spending a whole lot of money on a parking lot.
. Councilmember Wuellner said last summer he and his son came to the pier to fish and
couldn't find a place to park. He said he would be in favor of taking all the parking signs
down.
. Councilmember Schenck mentioned the existing two-stall lot. How many more can be
added?
. Parks and Recreation Director Hokeness said perhaps one more. He said they looked at the
other options, and on street parking seems to be the only option.
. Councilmember Schenck asked why was this site picked for the fishing pier?
. Parks and Recreation Director Hokeness said the DNR wanted a pier on Upper Prior Lake
and there were no other options and this was the closest.
. Councilmember Schenck said what about Lakefront Park?
. Parks and Recreation Director Hokeness said that was a possibility.
. Mayor Mader said on the issue of parking lots in neighborhoods, it was not always needed.
He said it comes with a large price tag.
. Councilmember Wuellner made a motion to remove all no-parking signs within three blocks
of the area. The motion died for lack of a second.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO PUT THIS ITEM IN THE
CIP TO EXPLORE THE CREATION OF A PARKING LOT TO SERVE THIS AREA.
. Mayor Mader said he would not support the motion. He said he would ask City Staff to talk
with the folks on West Avenue.
. City Manager Boyles said if the City wanted to obtain a parking lot, it would need land now.
A friendly amendment would be during the short term have parking on West, and for the
long term add this to the Capital Improvement Program.
. Councilmember Kedrowski withdrew the motion. Councilmember Wuellner withdrew the
second.
MOTION BY WUELLNER, SECOND BY KEDROWSKI TO TABLE THE ISSUE
UNTIL APRIL 20TH.
CC46.DOC
17
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
2) Alternate Access in lieu of Shady Beach
. Mayor Mader reviewed the history of the issue and the options on alternative access to the
lake.
. City Manager Boyles said one option was the use of the Sand Point access and one was to
use the Sand Point Access as the main access and allow Shady Beach to be used for a week
at the end of the season. He also outlined the Park Advisory Committee comments.
. Councilmember Kedrowski asked what is the problem with the issue.
. Parks and Recreation Director Hokeness said the Parks Advisory Committee. discussed the
issue and had no formal recommendation.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE STAFF
RECOMMENDATION ON THE ACCESS.
. Mayor Mader said he had received many calls on the issue, including calls from both sides
of the issue.
. Councilmember Wuellner said perhaps the Council should consider tabling the item
. Councilmember Kedrowski withdrew the motion. Councilmember Petersen withdrew the
second.
MOTION BY WUELLNER SECOND BY KEDROWSKI TO DEFER THE ITEM TO
APRIL 20.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
B. Consider Approval of Prior Lake Strategic Plan:
MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE PRIOR LAKE
STRATEGIC PLAN AS PRESENTED
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion
carried.
C. Consider Approval of Revised Agenda Report Format:
MOTION BY KEDROWSKI SECOND BY PETERSEN TO ADOPT THE REVISED
AGENDA REPORT FORMAT.
CC46.DOC
18
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Explore Request for Stop Sign at Blind Lake Trail and Wilderness
MOTION BY KEDROWSKI SECOND BY PETERSEN TO HAVE STAFF EXPLORE A
STOP SIGN AT BLIND LAKE TRAIL AND WILDERNESS AND PREPARE THE
ISSUE FOR THE MAY 4 CITY COUNCIL MEETING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
B. Bluff Ordinance Discussion:
MOTION BY KEDROWSKI SECOND BY WUELLNER TO BRING BACK THE BLUFF
ORDINANCE TO THE NEXT CITY COUNCIL MEETING FOR DISCUSSION.
Upon a vote, ayes by Mader, Kedrowski Petersen, Schenck, and Wuellner, the motion
carried.
· Planning Director Rye asked if any additional work on the item by staff was needed.
· Mayor Mader said he would like to know when and where the indemnification would be
appropriate.
· City Attorney Pace said she would work on the indemnification issue.
C. Grandfathering Request with Respect to Building Permit/Bluff Ordinance.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO WRITE
A LETTER TO THE PETITIONER CONFIRMING THAT GRANDFATHERING IS NOT
APPROPRIATE.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
D. Trees in Boulevards and Decorative Street Lighting:
MOTION BY KEDROWSKI SECOND BY SCHENCK TO HAVE STAFF PREP ARE A
REPORT REGARDING TREES IN THE BOULEVARD, AND DECORATIVE STREET
LIGHTS.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
CC46.DOC
19
E. Mineral Extraction:
. City Attorney Pace said this was discussed in a study session.
. City Manager Boyles outlined the key issues of the ordinance and mentioned letters received
on the issue. He said the Shakopee Mdewakanton Dakota Community is concerned about the
notification issue.
MOTION BY MADER SECOND BY WUELLNER TO DEFER THE ISSUE TO THE
APRIL 20 COUNCIL MEETING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion
carried.
. City Manager Boyles commented under other business. The lake level willlik~ly move from
903 to 905 before going down. The Watershed District will sandbag the entry for Spring
Lake.
. Councilmember Wuellner said the lake is maintained at an unreasonable level. He said the
policy should be revisited.
12. ADJOURNMENT:
MOTION BY KEDROWSKI SECOND BY PETERSEN TO ADJOURN THE MEETING.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion
carried.
J~ &iw
Recording Secretary
CC46.DOC
20
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