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City Council Work Session - 5:00 - 7:00 p.m.
. FORUM: 7:00 P.M. - 7:30 P.M.
REGULAR COUNCIL MEETING AGENDA
)
Date: May 4, 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. April 20, 1998
5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and
non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember,
or member of the public specifically requests that an item on the Consent Agenda be removed and
considered separately. Items on the Consent Agenda are considered under one motion, second and a
roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council
Agenda as a separate category.
A. Consider Approval oflnvoices to Be Paid.
B. Consider Approval of Appointment to Lake Advisory Committee (LAC) to fill
Vacancy.
C. Consider Approval of Resolution 98-XX Approving the Extension of the 60 Day
Recording Deadline for Filing the Final Plat of Red Oaks Second Addition from May
2, 1998 to June 2, 1998.
D. Consider Approval of Refuse Hauling Permit for New Earth Services Inc.
E. 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.
F. Consider Approval of Resolution 98-XX Approving Plans and Specifications for
Trails, Parking Lots, and Roadways at Memorial and Ponds Parks and Authorizing
the Solicitation of Bids.
G. Consider Approval of Resolution 98-XX Approving Reroofing the South Addition of
City Hall and Replacing Existing Roof.
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PRESENTATIONS:
A. Report on Prior Lake Youth Issues
B. Status Report on Library, Lakefront Park, Neighborhood Park and Community
Park/Athletic Complex Projects.
16~Q~agle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
C. Proclamation: National Day of Prayer
D. Proclamation: Public Works and Park Maintenance Week in Prior Lake
8. PUBLIC HEARINGS:
A. Consider Approval of Resolution 98-XX Approving Administrative Subdivision and
Resolution 98-XX Approving Administrative Subdivision and Resolution 98-XX
Approving Variances for Daniel Loftus on Property Located at 16430 Park Avenue.
B. Board of Review
9. OLD BUSINESS:
A. Consider Approval of Report On Street/Off Street Parking Near Grainwood Park and
Fishing Pier and Shady Beach Access.
B. Consider Approval of Petition for Installation of Stop Signs on Blind Lake Trail at
the Intersection of Blind Lake Trail and Lexington Court/Wildemess Trail in the
Residential Development of Wilderness Ponds.
C. Consider Approval of Revisions to the Residential Street Lighting Policy to Address
Non-Standard Street Lighting Operation and Maintenance.
D. Consider Approval of Ordinance 98-XX Repealing Ordinance 92-09 which Deleted
Mineral Extraction as a Conditional Use in the A-1 and C-1 Districts.
E. Consider Approval of Developers Agreement for NBC Products.
F. Consider Approval of Request by Linden Circle Residnets for City Participation in
Cost of Street Improvements.
10. NEW BUSINESS:
A. Consider Approval of Ordinance 98-XX Amending Title 11, Chapter 1 of the Prior
Lake City Code Regulating the Use of Traffic Signal Pre-Emption System.
B. Consider Approval of Resolution 98-XX Denying a Comprehensive Plan
Amendment and Zone Change Request by Stonewood Development for Property
Located at 4520 Tower Street.
C. Consider Approval of Request by Deerfield Development to Extend Adelmann
Street, Sanitary and Storm Sewer and Water to the Plat Boundary of Waterfront
Passage Business Park.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
Date: April 20, 1998
"rllV SO~'l'-
N E L 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, City Attorney
Pace, Assistant City Manager Woodson, City Engineer Ilkka, Assistant City Engineer McDermott,
Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, Parks Supervisor Friedges,
and Recording Secretary Oden. Councilmember Wuellner was out of town.
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone
to the meeting.
3. APPROVAL OF AGENDA:
. Councilmember Kedrowski requested an addition to the agenda under Other Business regarding a
potential Youth Task Force.
. Councilmember Schenck requested that item 10C, "Consider Approval of Tax Increment Financing
Policy" be moved and considered first under New Business, since there are people present to speak.
. Mayor Mader, requested item lOB, Bluff Ordinance be discussed following presentations for the
same reason.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE APRIL 20 CITY
COUNCIL AGENDA MOVING ITEMS 10 C AND lOB TO IMMEDIA TEL Y AFTER
PRESENTATIONS.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. April 6, 1998
. Mayor Mader noted a correction to the minutes on page five providing that the Mayor and City
Manager are authorized to execute the agreement on the City's behalf rather than approve the
agreement.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE APRIL 6, 1998 CITY
COUNCIL MINUTES AS AMENDED.
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
A. Consider Approval of March Building Permit Report.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
April 20. 1998 City Council Minutes
B. Consider Approval of Animal Warden Monthly Report for March.
C. Consider Approval of Invoices to be Paid.
D. Consider Approval of Treasurer's Report
E. Consider Approval of Resolution 98-46 Authorizing Preparation of Plans and Specifications
for Parking Lots, Trails and Road Ways for Memorial and Ponds Parks.
F. Consider Approval of Resolution 98-47 Approving the Conditional Use Permit for 121
Townhouse Units for a Plat known as "Glynwater".
G. Consider Approval of Resolution 98-34 Awarding Bid for Purchase of Two Utility
Maintenance Vehicles with Attachments.
H. Consider Approval of Resolution 98-48 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 98-49 Approving Prior Lake Hockey Association Premise
Permit for Lawful Gambling.
L. Consider Approval of a Temporary 3.2 Non-Intoxicating Malt Liquor License for Prior
Lake Jays/Mudcats Baseball Season.
M. Consider Approval of Recycling Grant Agreement with Scott County and Schedule 1998
Fall Clean Up Day. '
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE CONSENT
AGENDA.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
6. ITEMS REMOVED FROM CONSENT AGENDA:
A. No items were removed from the Consent Agenda.
7. PRESENTATIONS:
A. Presentation by Dave Moran, Manager for Prior Lake - Spring Lake Watershed District.
· Dave Moran thanked the Mayor and City Council for the high level of cooperation the Watershed
District has received from the Mayor, City Council a~d City staff. He said a fair amount oftime was
spent on developing a 5-year plan and also on considering the outlet for the lake. The Watershed
staff has met with the Minnesota Watershed District and Shakopee to eliminate the restrictions
placed on Prior Lake for outletting water. The Prior Lake Spring Lake Watershed would like to
reconstruct the entire outlet so it is virtually maintenance-free. The Watershed and the Cities of
Shakopee and Savage have reached agreement on the conditions. Another thing the Watershed has
worked on is the normal lake-level monitoring and measurement of water flow. The monitoring led
to a hydrologic model and formula that will work. Groundwater and surface water management is
also a consideration. One inch of water on Prior Lake accounts for 39 million gallons. The
Watershed will focus on keeping that water in the District.
· The 509 document is ready for distribution. During 1995 over 8900 pounds of phosphorus and 70
tons of sediment were being deposited into Spring Lake. The system going into place along the TH
13 ditch is going to eliminate half of that otherwise, the color of Prior Lake will soon be the color
of Spring Lake. During the year the Watershed will complete its feasibility study on the outlet. It
will try to eliminate the gates with the new joint powers agreement, and allow water to run as soon
as the lake levels increase to a certain point.
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April 20. 1998 City Council Minutes
. Mayor Mader thanked Dave Moran for his presentation and dedication to Watershed issues.
. Councilmember Schenck asked what percentage of Prior Lake water goes into Pike Lake and Deans
lake? Are those lakes going to be harmed if the water is returned to the aquifer?
. Mr. Moran said Pike Lake will probably remain as it is now. Sediment has been dumped into Pike
Lake, and Dean's Lake has also been a problem. For every inch discharged from Prior Lake it raises
Dean's Lake 9 inches. In order to avoid flooding out Dean's Lake, a bypass will be put in so as it
fills up, water can be diverted appropriately.
. Councilmember Schenck asked about computer modeling to manage lake levels. What kind of
exploration has been done?
. Mr. Moran said the Watershed did do some modeling. The hydrologic model will satisfy that issue,
which has also indicated that there will be a fair amount of runoff generated.
. Mayor Mader asked about the source for the internal loading of phosphorus in Spring Lake.
. Mr. Moran said it is phosphorus that has flowed into it and lies on the bottom of the lake. The
Watershed will do bottom sampling to determine the precise location and how much exists. One
option is to dredge the entire lake, which is being done on some lakes in southern Minnesota.
. Mayor Mader said the DNR presently restricts Prior Lake from letting water out of the lake when it
is below 902.5. If the high is 903 and the low is 902, that is a narrow margin. Is there going to be a
new measure or larger margin?
. Mr. Moran said by reconstructing the channel and outlet, those restrictions will go away. Many
residents need flood insurance because they are in the flood plain. The flood plain is high because
Prior Lake is classified as a land-locked lake. With the new outlet, hopefully, the flood plain will be
reduced. There are 88 homes in the flood plain. The outlet will probably reduce that by 40-45
homes.
B. Proclamation - Loyalty Day
. Liz Speiker, President of the VFW Auxiliary, thanked the Council for the proclamation.
. Mayor Mader reviewed the history of Loyalty Day and read the proclamation.
8. PUBLIC HEARINGS:
A. There were no public hearings.
9. OLD BUSINESS:
A. ( FORMERLY AGENDA ITEM lOA UNDER NEW BUSINESS) Consider Approval of
Tax Increment Financing Policy.
. City Manager Boyles said this is the first time the Council has considered a written TIP policy. It
was discussed at the Council work session and at the EDA. EDA President Barsness is present and
can respond to questions.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE TAX INCREMENT
FINANCE POLICY.
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April20, 1998 City Council Minutes
. Bob Barsness, Economic Development Authority (EDA) President, addressed the Council. The
EDA has reviewed and approved the policy being considered this evening. This is meant to be a
guide to TIP issues in looking at cases individually. In all cases, the EDA has to approve the request
and then the City Council will consider the request.
. City Manager Boyles noted two revisions in the policy. On page 3 item number 5 should read "will
be prepared." Item number 16 on page 3 there should be a period after "the agreement."
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE AMENDMENT.
. Councilmember Kedrowski said there was a workshop on this. It is a good guideline.
. Councilmember Petersen said it won't be used on everything, but it gives the Council a starting
point.
. Mayor Mader said he was not at the April 6th City Council work session meeting because it was not
on the City meeting calendar. He said there is quantitative data in the policy but nothing quantitative
on what the taxpayers get for a return. He referenced #8 on page 2 of the policy, "for projects in the
Economic Development district the maximum of $10,000 of public money will be invested for each
full time equivalent position created or retained". He said that seemed to indicate if a company
claimed there were four jobs created, the City would pay $40,000 for that project.
. President Barsness said the fact is as the investment is made, it does not mean the dollars will not be
seen again. Waterfront Passage is making a return for the City. The dollars come back through taxes
on that increment.
. Mayor Mader said that particular paragraph says that there is some substantial benefit from an
investment on one job. The casino has 4,000 employees and he would have some difficulty
believing each one has a $10,000 value to the community. He said he is not opposed to it but wants
to support it on a selective basis. The City has little land available. He said he would not support the
policy as presented.
. President Barsness agreed that TIP has been abused in some cities. However, if Prior Lake does not
compete with other cities by offering incentives, it will be unable to stay in the market. Each project
will be looked at individually and negotiated. This does not suggest there will be TIP used on every
project. All projects still need to go through the EDA and the City Council.
. Mayor Mader said he did not disagree. He said it may give the developer false hopes. He said he is
afraid if the legislature changes the policy, then Prior Lake will have lost its chance to get full price
for the land.
. Councilmember Petersen said Keyland has 40 people working there. Maybe that is exceptional, but
the TIF is working for them.
. Mayor Mader said that Keyland is also suing the City.
. Mayor Mader called the question.
Upon a vote, all ayes by Kedrowski, Petersen, and Schenck, nay Mader, the motion carried.
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April 20, 1998 City Council Minutes
B. (FORMERLY AGENDA ITEM 10B UNDER NEW BUSINESS) Consider Approval of Report
Regarding Certain Modifications to the Bluff Ordinance
. City Manager Boyles introduced the item. At the January 20th Council meeting, the ordinance was
revised to provide for specific engineering work and certification to protect the bluff. At the last
City Council meeting, there were five concerns raised about the cost to comply with the
requirement. First, it could cost between $1,500 and $10,000 for the engineering work. Secondly,
there is a sign-off provision for engineers to certify that the bluff will remain safe. Engineers have
interpreted it literally and don't wish to sign it. A third concern was the need for the study at all. Do
deck footings necessitate this research? Fourth, the amount of investment required versus the value
of the home was a concern. Finally, indemnification is also part of the bluff ordinance, and there
were concerns about whether it was appropriate. Bret Anderson with STS consultants will address
the City Council.
. Brett Anderson, a Geotechnical and Civil Engineer with STS Consultants, addressed the Council.
He said the firm has a lot of experience in slope stability issues. Slopes are often looked at by people
who don't really understand them. He showed a diagram of a bluff and how ordinances relate to
them.
. Mayor Mader asked for Mr. Anderson's comments relative to the ordinance and whether he thought
the City's ordinance was reasonable and practical.
. Mr. Anderson said he would like to commend the City for writing the ordinance. The impact of the
ordinance with only minor changes (i.e. decks) on the site is an issue. The analysis cost compared to
potential impact on the bluff is not good. Heavy loading and draining on the site are important. The
staff should be able to determine whether additional reviews are needed.
. City Attorney Pace asked whether he could identify a set of circumstances where the staff could
waive the certification requirements or conversely if they do exist, undertake a more thorough
analysis? The staff report suggests that one option may be to use some discretion for certain
requirements. She said she was uncomfortable with that. Can the specific criteria be written?
. Mr. Anderson said yes. Also, there are changes that may take place, such as a springtime thaw that
could trigger an event that was not originally quantified.
. Councilmember Petersen asked whether he was saying where there lS a surcharge load and
undisturbed ground, that this could be a dangerous situation?
. Mr. Anderson said it depends on the height of the embankment. A 16 degree slope is not a concern.
A 55-60 degree slope would be a concern.
. Councilmember Petersen asked whether even with a 25 foot setback it could be dangerous.
. Mr. Anderson said it could be.
. City Engineer said he indicated bluff height was a consideration. Isn't setback also a consideration?
He asked whether geometry of slope was a consideration.
CMN420.DOC
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April 20. 1998 City Council Minutes
· Mr. Anderson said if there was sufficient information on subsurface soils conclusions can be drawn.
Prior Lake is a glacial drain, with every kind of soil. An engineer can make general assumptions by
going down 8-10 feet, but it is not cut and dried.
· City Engineer Ilkka said property owners were asking engineers based upon their proposed setbacks
when in fact the engineer could recommend a different setback. He asked if a drill rig would be
necessary or if hand augers could be used.
. Mr. Anderson said the problem with the site is that it is at a 25 foot depth. A hand auger would be
insufficient in that case.
. Councilmember Kedrowski asked whether $1,500 to $2,000 is a reasonable figure to complete the
necessary engineering work.
. Mr. Anderson said it is reasonable. He said they find in a lot of cases, people don't put money in the
foundation or review it to see if it is stable.
. Councilmember Kedrowski asked if there was some other method for borings?
· Mr. Anderson said past studies in nearby areas could be used to reinforce an estimate on what was
there.
. Councilmember Kedrowski asked if that would be acceptable?
· City Engineer Ilkka said it all depends on the consultant determination and working with staff to
find what is acceptable.
· Mayor Mader asked how close to a construction site does the boring need to be to reasonably project
soil type at 30-50 feet? For example, if the borings were done on the street side of the house instead
of the back yard.
· Mr. Anderson said unless it is a unique situation, the soil boring will not change drastically in 30- 50
feet.
· Councilmember Petersen asked with a 25 foot setback should there be a ratio with height and angle?
· Mr. Anderson said the 1-1 ratio which is in the ordinance is a minimal requirement. It is an
acceptable guide. Twenty-five feet is a good setback in general.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO DIRECT THE PLANNING
COMMISSION TO LOOK AT ISSUES #2 AND #3 AND PROVIDE RECOMMENDATIONS TO
CLARIFY EACH.
· There was discussion on how much of the ordinance should be revised.
· Mayor Mader said as a friendly amendment he would like the engineering staff to look at it as well.
· Planning Director Rye said the Council can impose its own restrictions. The Planning Commission
won't overdo it. The engineering and certification are the issues.
· Councilmember Schenck said if the City is indemnified and the property owner does not get a
certification from an engineer, that puts the onus on property owner, which is the intent.
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Apri/20. 1998 City Council Minutes
. Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
. Councilmember Schenck asked that agenda item 9E, Consider Approval of Resolution 98-51
Approving Plans and Specifications for 1998 Improvement Projects, Resolution 98-52 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 98-53 Authorizing Parking
Restrictions on Duluth Avenue, be moved to 9C.
. Council concurred.
C. (FORMERLY ITEM 9E UNDER OLD BUSINESS) Consider Approval of Resolution 98-51
Approving Plans and Specifications for 1998 Improvement Projects, Resolution 98-52
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 98-53
Authorizing Parking Restrictions on Duluth Avenue.
. City Manager Boyles introduced the item. The purpose of tonight's action is to authorize staff to'
solicit bids to find out the cost of the projects. The Council has the authority to discontinue projects
if it believes the costs are excessive. The intent is to conduct a special assessment hearing at the end
of the project. By waiting until the end, the special assessment committee can review the various
issues. Secondly, it can be assured if any or all of the projects are subject to modification that the
proposed assessments are accurate. Four to five public meetings have been held on the 1998
projects.
. Councilmember Schenck said the reason they are doing the appeal process later is to take advantage
of the construction season.
. City Manager Boyles said there is a problem with delaying the project. There would be price
increases and having half-constructed roads during the off season.
. Councilmember Schenck said they cannot move any further unless the resolution is approved. He
asked whether the no-parking signs were required by the state and whether the residents supported
it.
. Assistant Engineer McDermott said it was a state requirement. It would be along the wetlands or
where people wouldn't park anyway.
. Councilmember Schenck asked about the hold harmless agreement required from the State.
. City Engineer Ilkka said it was because the City was deviating from state standards.
. Mayor Mader asked about the pricing table and assessments.
. Assistant City Engineer McDermott said the majority would come from the trunk reserve, and costs
due to replacing utilities would be spread over assessments and tax levy.
. Mayor Mader asked whether these were different numbers than those given at the informational
meeting.
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April20, 1998 City Council Minutes
· Assistant City Engineer McDermott said the numbers are the same as given at the informational
meetings.
· Mayor Mader said as a general criteria, it would be nice to have bids in hand and have assessment
hearings before the contracts are read. How much notice is required for the assessment hearings?
. Assistant City Engineer McDermott said 30 days.
. City Engineer Ilkka said the assessment notice needs to have the proposed amount of the
assessment. This can't be known until after bids are received. Thus, it could be overstating or
understating the cost.
. City Attorney Pace said one other consideration is that an early assessment hearing would more than
likely lead to inaccurate assessment.
. City Engineer Ilkka said he would like to get through the majority of the construction season. Also,
ifbids came in favorably, hopefully assessments would be non-controversial.
. Mayor Mader said a letter from Duluth residents shows the probability of an appeal on the
assessment. If the assessment were to end up with appeals, it could take additional funds from the'
trunk reserve.
. City Engineer Ilkka said if the appeals are on sewer and water, the trunk reserve may be an
appropriate source. No matter when it is awarded or construction is finished there will be appeals.
. The City's policy of assessing only 40% of the project cost is very supportable.
. Mayor Mader said there are a number of residents here. This is not a public hearing but he would be
willing to recognize one speaker representing the neighborhood.
· Kelly Rehi, speaking for her parents of 16430 Duluth, addressed the Council. If the assessment is
done after construction, what does that mean for the opportunity for appealing the assessment?
· Mayor Mader said it would not matter since the appeal is on the basis of whether property is
enhanced.
· Ms. Rehi asked when construction would begin.
· Mayor Mader said the award of bid would precede the construction.
· Ms. Rehi asked about the 40% assessment, whether if on any other street the cost would be the
same.
· Mayor Mader said it varies on construction costs and project costs. It is also based on amount of
road frontage, etc.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-51
APPROVING PLANS AND SPECIFICATIONS FOR 1998 PUBLIC IMPROVEMENT
PROJECTS.
Upon a vote, ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried.
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April 20. 1998 City Council Minutes
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-53
AUTHORIZING PARKING RESTRICTIONS ON DULUTH AVENUE.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-52
APPROVING THE HOLD HARMLESS AGREEMENT WITH THE STATE OF MINNESOTA
FROM ACTION THAT MAY ARISE FROM THE CONSTRUCTION OF DULUTII AVENUE AT
LESS THAN MUNICIPAL STATE AID STANDARDS.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
D. (FORMERLY AGENDA ITEM 9A UNDER OLD BUSINESS) 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.
. City Manager Boyles introduced the item. Ordinance 8-1-3-3 provides for no refuse collection after
7:00 PM or before 7:00 a.m. The problem is there is no commercial restrictions. The proposal is to
make all zoning districts subject to the same hours and days of refuse collection. The proposed
ordinance was sent to all refuse haulers.
. Cari Henkles of 6951 Faricy Lane in Credit River, representing Prior Lake Sanitation, said they
were concerned with the elimination of hauling on Sundays. The City should consider special events
such as Lakefront Days.
MOTION BY SCHENCK SECOND BY PETERSEN TO AMEND THE ORDINANCE TO READ
EXCEPT WITH PRIOR WRITTEN PERMISSION OF THE CITY MANAGER UPON
CONCLUSION OF SPECIAL EVENTS.
. City Manager Boyles said the ordinance provides for garbage and refuse but does not address
recyclables. They do limited recyclable collection on Sundays.
. Ms. Henkels said on Sundays, a pickup truck goes around picking up recyclables. If it was not
picked up on Sundays, it would get thrown in the trash.
. City Attorney Pace said recyclables are still refuse.
. Councilmember Schenck said perhaps specific zoning districts could be exempt from the Sunday
prOVISIon.
. Mayor Mader said he had problems with writing it around one company.
. Ms. Henkels said Scott County has defined refuse and recycling as separate.
. Councilmember Kedrowski said they could allow recycling to happen between 7:00 a.m. and 7:00
p.m.
. City Attorney Pace said the City can define what is recyclables. In the absence of a definition,
recyclables are refuse.
. Mayor Mader said he wouldn't want it on Sundays.
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April 20, 1998 City Council Minutes
. Councilmember Kedrowski said the issue is the commercial district. A lot of businesses do not have
the facilities to keep garbage, and commercial pickup ofrecyclables should be allowed.
. Councilmember Schenck said this is dealing with two customers right now but not in the future. If
development continues, the City will need to address recycling seven days per week. It could be
amended to allow collection of recyclables in commercial districts on Sundays between 9:00 a.m.
and 12:00 noon.
. Mayor Mader said if they are going to allow recyclables at that time in a commercial area, they
should allow refuse trucks also.
. City Attorney Pace said they could allow all refuse and garbage pickup during that time.
. The motion and second were withdrawn.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE THIS ITEM TO THE MAY 4
CONSENT AGENDA AND DIRECTING THE STAFF TO AMEND THE ORDINANCE AS
DISCUSSED.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, the motion carried.
E. (FORMERLY AGENDA ITEM 9B UNDER OLD BUSINESS) Consider Approval of
Resolution 98-50 Authorizing WSB & Associates to Prepare Feasibility Reports for
Frontage Roads in the Vicinity of Trunk Highway 13 and County State Aid Highway 42.
. City Manager Boyles introduced the item. The proposal is to complete engineering feasibility
studies for the service roads on CSAH 42, Harbor to Rutgers and Commerce to Rutgers. The City
received an estimate of $5,200 to complete the feasibility report for the Rutgers area. A second
project would deal with Boudin-Commerce and TH 13 for $6,600. The City Council should
determine whether to proceed with the feasibility report, which is necessary to provide data needed
to consider these roads in the Capital Improvement Program.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-50
AUTHORIZING WSB AND ASSOCIATES TO PREPARE FEASIBILITY REPORTS FOR
FRONTAGE ROADS IN THE VICINITY OF TRUNK HIGHWAY 13 AND COUNTY STATE
AID mGHW A Y 42.
. Councilmember Kedrowski said Council needs to support this or it will sell the area short. It does
not mean committing to the projects.
. Councilmember Petersen said when driving in that area, it is easy to see the project would be
impossible without a frontage road.
. Councilmember Schenck asked whether a feasibility report has been done for CSAH 23 and Five
Hawks realignment.
. Don Stormoe of WSB addressed the Council.
. Councilmember Schenck said he would like to add it to the feasibility report.
. City Engineer Ilkka said they are preliminary estimates. The specific scope of the project would
need to be discussed.
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. Mr. Stormoe said there were also other issues.
. Councilmember Schenck asked whether that would be more extensive than these.
. Mr. Stormoe said MnDOT may help with the signal.
. City Manager Boyles said that intersection was looked at in the 1997 C.I.P. but was dropped
because of the unavailability of County funding. If it is a priority, WSB could look at the projects
and see if there is a better deal.
. City Attorney Pace asked how many consulting engineers there would be.
. City Engineer Ilkka said the City would use whoever is most qualified.
. Mr. Stormoe ofWSB said the City would be doubling its efforts ifit used a different firm. There has
been a lot of study on this already by the state.
. Mayor Mader asked what kind of information is in a feasibility report?
. Mr. Stormoe said the data regarding corridors, accident data, traffic data, and what movements are
causing problems. The corridor study is ongoing. Also zoning and projections are in there. They will
need to meet and try to understand the relevant residential issues. Also they will investigate funding
availability. Projects are rated each year.
. Mayor Mader asked about a cost estimate, and speculation on the availability of funding. He said
they spent years studying highway 13 with other cities and Scott County. There were two years lost
on Highway 13. If a feasibility report were done on the frontage road on CSAH 42 it would get old
before the economics were available. It seems that things like this could be determined with staff
meeting with the County and Savage for CSAH 42 to see if they were receptive. If the County is not
interested, then the burden is on the City Council.
. Mr. Stormoe said regarding CSAH 42 in Savage, if participation is requested, the County would
more than likely not object to it.
. Mayor Mader said he was reluctant to support it.
. Councilmember Schenck said it would be a fair assumption that the City of Savage is conducting a
feasibility report.
. Mr. Stormoe said east of here, in Savage on 13 they are. It would be beneficial for Prior Lake to
know what is going on on their side. With state restrictions, it is much tougher on the Prior Lake
side to figure out where the access would be.
. Mayor Mader said Savage may have an impact on Boudin/Commerce area. The City should find out
their intent.
. Councilmember Schenck asked whether the state does feasibility reports in the area?
. Mr. Stormoe said the State has done a corridor study. It is not required to do feasibility studies
because the road improvements can be sectioned. Access to business is an important issue. The
county operates differently from the state.
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. Councilmember Schenck asked how long is the report current? What costs are associated if, during
the initial feasibility study, conditions change?
· City Engineer Ilkka asked do we want to dictate where it is going or follow Savage all the way?
Prior Lake would be in the drivers seat if it obtained the feasibility report. The feasibility would
look at the alternatives. MnDOT will require the City to meet the requirements.
. City Manager Boyles said he and Savage City Manager Steve King have agreed to talk about the
Issue.
. Councilmember Schenck said so once Savage decides about the south fork, why is a feasibility
study necessary?
. City Engineer Ilkka said for feasibility, such as looking at alignments and how they would come
together, etc.
. Councilmember Schenck said staff was not involved.
. City Engineer Ilkka said staff has designed public improvement projects.
. Mayor Mader said he would like to clarify that the past resolution addressed the TH13
improvements getting into the CIP, but did not reference CSAH 42.
. City Attorney Pace asked is this intended to mean enter into a contract?
. City Engineer Ilkka said yes, but they will define the scope of work.
Upon a vote, ayes by Kedrowski, Petersen and Schenck, nay Mader, the motion carried.
F. (FORMERLY AGENDA ITEM 9C UNDER OLD BUSINESS) Consider Approval of
Ordinance 98-XX Repealing Ordinance 92-09 Which Deleted Mineral Extraction as a
Conditional Use in the A-I and C-I District.
· City Manager Boyles introduced the item. It was deferred last meeting. Staff is recommending
adoption of 98-XX allowing mineral excavation within the City. Council could review it on an
annual basis or when problems arise. The Tribal Council does not have trouble with mineral
excavation ordinance with proper controls. It wanted proper notification. The ordinance in front of
the Council provides for a 500 foot notification requirement. It requires 4 votes for passage because
it is an amendment to the zoning ordinance.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-XX
REPEALING ORDINANCE 92-09 DELETING MINERAL EXTRACTION AS A CONDITIONAL
USE IN THE A-I AND C-l DISTRICT.
. Councilmember Schenck asked about the 1000-1500 foot notification requirement.
· Mayor Mader said in 1992 mineral extraction was excluded within the City. He said he has not
heard anything which changes the argument. He believes there are some compelling arguments in
the file materials to prohibit Mineral Excavation. While the Planning Commission voted to repeal
this, they seemed uncomfortable with it.
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MOTION BY KEDROWSKI TO TABLE.
. The motion failed for lack of a second.
. Councilmember Schenck said he agreed the City doesn't want gravel pits along borders and it
should keep commercial land. Is this addressing transfer of materials for construction of
infrastructure?
. City Attorney Pace said in part the request to reconsider is because when the City acted to delete the
ordinance, it is questionable whether there is sufficient evidence to eliminate this type of business
in the community.
. Councilmember Schenck said if the Council doesn't go with this does it preclude developing NURP
ponds along 42.
. City Attorney Pace said no. This ties into whether it is ongoing mineral extraction.
. Mayor Mader said he understood it was for extracting minerals and selling them.
. City Attorney Pace said much of the concern stated in the record was aesthetic.
. Councilmember Petersen mentioned the former gravel pits along France Avenue in Edina as an
example. If there are gravel pits, they can be leveled off eventually and developed.
. Mayor Mader said that would be a reclamation process.
. City Engineer Ilkka said statutes provide for gravel tax. For mineral extraction the businesses pay
the County.
MOTION BY SCHENCK TO SECOND BY KEDROWSKI TO TABLE THE ITEM UNTIL MAY
4.
Upon a vote ayes by Kedrowski, Petersen, and Schenck, nay Mader, the motion carried.
G. (FORMERLY AGENDA ITEM 9D UNDER OLD BUSINESS) Consider Approval of Change
Order No. 1 to the Contract for Construction of Pike Lake Trail to Eliminate a Retaining
Wall.
. City Manager Boyles said the item was deferred for the overhead costs because there was a question
of whether it should be paid by the City. Staff is recommending City Council approve payment for
the undisputed amounts, which is everything except for $5,500.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CHANGE ORDER 1
EXCEPT THE $5,500 OVERHEAD FOR THE RETAINING WALL.
. Mayor Mader said looking at the Change Order, it shows a revised contract amount of $875,499.85,
shouldn't they address the contract amount?
. City Engineer Ilkka said the revised amount would be the approved contract minus the approved
change. The final would depend upon work the performed. Pike Lake Trail does not have any
bituminous or curb and gutter as yet.
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Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
H. (FORMERLY AGENDA ITEM 9F UNDER OLD BUSINESS) Consider Approval of' 1)
Change Order No. 3 to the Contract for Northwood Road and 2) Resolution 98-54
Authorizing Final Payment to Valley Paving Inc. For Construction of Northwood Road,
City Project 94-02.
· City Manager Boyles introduced the item. If the City Council approved Resolution 98-XXA it
would provide Valley Paving with $2,597 for spreading topsoil a second time. Second it would
approve the final payment for the project and it is anticipated to be less. The original was
$880,525.38 and the final is $840,834.19.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-54A
AUTHORIZING FINAL PAYMENT TO VALLEY PAVING INC. FOR CONSTRUCTION OF
NORTHWOOD ROAD, CITY PROJECT 94-02.
· Mayor Mader said they would be signing the change order paying $840,834.19 and the contract still
reads $880,525.38.
· City Engineer Ilkka said it could be changed to read final contract amount.
· Mayor Mader asked why did the City hold up payment of the retention?
· City Engineer Ilkka said he was not aware the amount was in dispute until he was contacted in
January 1998. The final contract quantities were not resolved.
· Mayor Mader said in the report, it says the neighbors expected black dirt not salvaged topsoil. It
says it was arranged that the City would transport the dirt.
· City Engineer Ilkka said that is the gray area. A former City employee arranged to have black dirt
delivered to the site but not spread.
· Mayor Mader said his perception is not to approve this.
· City Attorney Pace said she spent 1 1/2 hours with City Engineer Ilkka and Assistant City Engineer
McDermott on this issue. Dirt that was removed was to be stockpiled and stored and spread in front
of the houses. It was estimated that it would be 20,000 cubic yards that were removed, stockpiled
and spread. During the course of construction, property owners complained. The former Assistant
City Engineer allowed the neighbors to be accommodated. The project was short on fill. Secondly,
property owners did not like the fill. This exceeded the 20,000 cubic yards in the contract. There are
provisions in the contract where these kind of adjustments are made, and within seven days the
contractor needed to come forward. That is the part that is unclear. It is clear on that portion of the
contract whether the contractor did more work than what he bid on. The contract provided for an
adjustment and she feels they are entitled to additional compensation. Out of the $8,018 they can
only document $2,500 plus of the work.
· Mayor Mader said the documentation supports standard changes made in the field. On the other
hand, since it has been indicated that they did do some work. There is no evidence the contractor did
more. The alternative is to take the $2,500 as a concession to close the contract with a negotiated
settlement.
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. City Engineer Ilkka said he would prefer $2,500 and no concessions.
. Mayor Mader said it would be better to offer nothing and go through the claim process.
. City Attorney Pace said the resolution reads final payment which includes the $2,500. If he cashes
the check for $62,000 it is as full and final payment. In order to use arbitration a separate agreement
must be signed.
. Mayor Mader said he would prefer to go with Resolution 98-XX B.
. Councilmember Kedrowski said if Council adopts A, it will go to court. If the Council gives him
$2500 or $2700 it is buying off a court case.
. City Engineer Ilkka asked whether there would be an out of court settlement.
. City Attorney Pace said the contractor's attorney was not aware of the provisions of the contract.
. Mayor Mader said perhaps the contractor will come back with other issues.
. City Attorney Pace said the contractor's attorney has authority to request additional compensation:
The contractor based his bid upon that amount.
. Mayor Mader asked how much dirt was hauled in.
. City Engineer Ilkka said he was not sure.
. City Attorney Pace said at least three trucks were working on one day.
. Mayor Mader said he would prefer Resolution 98-XX B.
Upon a vote, ayes by Kedrowski and Schenck, nays by Mader and Petersen, the motion failed.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 98-54
(identified in agenda packet as 98-XXB).
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX Approving the Developers Contract for Prior Lake
Baptist Church.
. City Manager Boyles introduced the item. The request involved oversizing and extending sewer and
water to the site's edge.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-XX
APPROVING THE DEVELOPERS CONTRACT FOR PRIOR LAKE BAPTIST CHURCH.
Upon a vote, ayes Mader, Kedrowski, Petersen, and Schenck, the motion carried.
11. OTHER BUSINESS:
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A. Youth Task Force:
· Councilmember Kedrowski requested that the Council discuss this Issue. He said he was not
suggesting the City solve the problem, but it was a big issue.
· Councilmember Schenck asked how many participants would be required?
· Councilmember Kedrowski said whoever wants to participate.
· City Manager Boyles said he could refer the idea to staff for a proposal.
· Councilmember Kedrowski said it could be a partnership with citizens.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO HAVE STAFF INVESTIGATE A
PROPOSAL FOR A YOUTH TASK FORCE.
· Mayor Mader said his concern is that there is a task force that has held a number of open forums
with subcommittees etc., with the school. Would it be better to appoint a Councilmember or staff to
a committee that is already there?
· Councilmember Kedrowski said he did not disagree.
· Mayor Mader said there was a specific group dealing with youth behavior in Prior Lake.
· City Manager Boyles said they could have the group make a presentation.
· Councilmember Kedrowski said he was not opposed to a presentation. The City needs to take a
leadership role.
· Councilmember Schenck said he met with Councilmember Wuellner regarding youth related issues.
He suggested that Councilmember Wuellner would have an interest ifthere were a task force.
· Mayor Mader said he was sure the group would like to make a presentation. He said the person
handling it left the School District and they want to get it moving along.
· Councilmember Kedrowski said that would be OK.
· Mayor Mader indicated he will contact the group and schedule the presentation.
12. ANNOUNCEMENTS/CORRESPONDENCE
· City Manager Boyles said his article in the newspaper contained some incorrect assumptions
regarding the lake level. The lake is actually going down and is not likely to reach 904.
· City Manager Boyles went through the Weekly Update. He asked the Council for feedback on the
February workshop notes The League of Minnesota Cities was asking for interest in serving on
policy committees. If Councilmembers are interested they should contact Kirsten.
13. ADJOURNMENT
MOTION BY SCHENCK SECOND BY KEDROWSKI TO ADJOURN .
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April 20. 1998 City Council Minutes
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
(~~~
Recording Secretary
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