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HomeMy WebLinkAboutAgenda & Minutes .. City Council Budget Workshop - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: June 1, 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. May 18, 1998 5. - ,CONSENT AGENDA: Those items on the Council Agenda which are considered routine and " non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to Be Paid. B. Consider Approval of Resolution 98-XX Authorizing the Preparation of Plans and Specifications for the Library/Resource Center. C. Consider Approval of Resolution 98-XX Authorizing the Preparation of Plans and Specifications for Lakefront Park 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. Abdo, Abdo & Eick, 1997 Audit Report and Management Letter 8. PUBLIC HEARINGS: A. There are no public hearings. 9. OLD BUSINESS: A. Consider Approval of Resolution 98-XX Upholding a Decision Denying a 22.54 Foot Variance to Permit a 62.46 Foot Setback from the Centerline of a County Road (Franklin Trail) Instead of the Required 85 Foot Setback and a 1.2 Percent Variance Request to Permit Lot Coverage of 21.2 Percent Rather than the Maximum Allowed of 20 Percent for Eagle Creek Villas, Inc. 16~~~agle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I B. Consider Approval of Contractor's Claim for Lost Overhead on Pike Lake Trail Due to the Elimination of a Retaining Wall. C. Consider Approval of Resolution 98-XX Authorizing WSB and Associates Inc. to Prepare a Storm Water Trunk Fee Justification Report. D. Consider Approval of Report Regarding Construction Management. 10. NEW BUSINESS: A. Consider Approval of Resolution 98-XX Declaring Approval Null and Void for Preliminary Plat and Conditional Use Permit for Glynwater 1st Addition for Failure to Comply with Public Notice Requirements. B. Consider Approval of Ordinance 98-XX Approving an Amendment to the Zoning Ordinance to allow Gymnastics Schools as a Conditional Use in the BP (Business Park) District. C. Consider Approval of Resolution 98-XX Ordering Preparation of Feasibility Report for 1999 Improvement Projects. D. Consider Approval of Resolution 98-XX Approving Acquisition of Opticon Emergency Pre-emptive Equipment. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 6198.DOC MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: May 18, 1998 1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager Boyles, Assistant City Attorney Brokl, Assistant City Manager Woodson, City Engineer Ilkka, Planning Director Rye, Planning Coordinator Kansier, Public Works Supervisor Hartman, 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: . City Manager Boyles asked that items 5G)Consider Approval of Ordinance 98-XX Amending Title Ten Chapter Two of the Prior Lake City Code Relating to Dogs and Cats and 5J) Consider Approval of Resolution 98-XX Approving Change Order for Cable Television Equipment Installation Contract be deleted from the Consent Agenda and that item Executive Session to discuss pending litigation: Park Nicollet Land Registration be added as item llA) under OTHER BUSINESS. . Councilmember Kedrowski requested that items 9A and 9B be discussed before 8A. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE THE AGENDA FOR THE MAY 18, 1998 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. April 20, 1998 . Councilmember Kedrowski said on page 5 it should indicate that staff was directed to provide a report on the youth task force issue. . City Manager Boyles said the directives do indicate that staff will prepare a report on how the City can get involved with the Youth Issues in the community. . Mayor Mader said on page 4, the third bullet from the bottom should show that when Ms. Hoffman indicated a coffee shop in her presentation she was referring to the old library. 16~Qo.~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215 AN EQUAL OPPORTUNITY EMPLOYER MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE APRIL 20, 1998 CITY COUNCIL MEETING AS AMENDED. 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 April Building Permit Report. B. Consider Approval of Animal Warden Monthly Report for April. C. Consider Approval of Invoices to be Paid. D. Consider Approval of Treasurer's Report. E. Consider Approval of Fire Call Report for April F. Consider Approval of Purchase of Two Five Ton Single Axle Trucks and Appurtenant Equipment G. Consider Approval of Ordinance 98-XX Amending Title Ten Chapter Two of the Prior Lake City Code Relating to Dogs and Cats (this item was deleted). H. Consider Approval of Resolution 98-62 Approving Final Plat and Development Contract for Harbor 8th Addition. I. Consider Approval of Resolution 98-63 Approving an Amendment to the Preliminary Agreement for Development Contract for the Park Nicollet Clinic. J. Consider Approval of Resolution 98-XX Approving Change Order for Cable Television Equipment Installation Contract (this item was deleted). K. Consider Approval of Resolution 98-63 Approving the Final Plat and Development Contract for W oodridge Estates 4th Addition. · Mayor Mader requested that item 4F) be removed from the Consent Agenda for discussion. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CONSENT AGENDA ITEMS A THROUGH E, H, I, AND K. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: A. 4F) Consider Approval of Purchase of Two Five Ton Single Axle Trucks and Appurtenant Equipment . Mayor Mader questioned why this item was on the Consent Agenda when $180,000 is being spent. The City has trucks that are operating, and insurance and depreciation are expensive. Unless maintenance costs are insurmountable, the City should operate the old trucks. There is nothing in the report that gives the maintenance costs. S1898.DOC 2 . City Manager Boyles said the equipment replacement matrix is intended to provide replacement for equipment before it falls apart in the field. The trucks being replaced are 14 . and 15 years old. The expected life span of the vehicles is 10 years. It is recommended that they be replaced. The equipment is needed to provide service to the City. . Counci1member Kedrowski said replacement of these vehicles was part of the 1998 Capital Improvement Program (CIP) and Equipment Matrix which the Council approved. . Councilmember Petersen said he will support the equipment purchase because of the age of equipment. It is necessary to provide service to the City. MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98- 65 APPROVING THE PURCHASE OF TWO FIVE TON SINGLE AXLE TRUCKS AND APPURTENANT EQUIPMENT. . Mayor Mader said the Council did approve the equipment matrix but no specifics were discussed and the revolving fund is a planning document. The individual procurements were to be decided on a case by case basis. Upon a vote, ayes by Kedrowski, Mader, Schenck, and Wuellner, nay Mader, the motion carried. 7. PRESENTATIONS: A. There were no presentations. 8. (9) OLD BUSINESS: A. Consider Approval of Construction and Maintenance Agreement for Sanitary Sewer and Water with Spring Lake Township MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SANITARY SEWER AND WATER WITH SPRING LAKE TOWNSHIP. . Mayor Mader said there is reference to a water metering facility which in section 5 appears to have been deleted and later in another section there appears to be a reference to metering. . City Engineer Ilkka said that particular reference in section 5 shows deletions that the City did not agree to. . City Manager Boyles said the document is a reflection of requested changes and acceptance or denial of the changes. It shows the evolution of the document and the kinds of requests being made. . Mayor Mader said on page 5 under change orders it lists 3, 5, and 15 business days. It appears that 15 business days is a requested deletion that was not made, and right before it is 5. How many business days are required? 51898.DOC 3 · City Attorney Brokl said 5 business days. · Mayor Mader said on page 6, there are regional limitations relating to how many units can be hooked up to a sewer system. It says the number of individual connections shall not exceed the number approved by the Metropolitan Council. He asked if this would change with future development. · City Attorney Brokl said the number of hook-ups was a requested deletion that was not made. The 80 unit requirement by the Metropolitan Council stays in the agreement. . Mayor Mader asked about an item on page 9, maintenance of facility in section 17.5, what is main bread repairs? . City Engineer Ilkka said it is a typo which should read main break. . Mayor Mader asked about exhibit D, restricted hours for sprinkling where the verbiage relates to existing sprinkling ordinance. What if we change our sprinkling ordinance? Shouldn't they be required to follow our sprinkling ordinance? . City Engineer Ilkka said under the requirements in exhibit D are copies of our existing ordinances. . City Manager Boyles said page 8 refers to exhibit D and includes verbiage regarding existing ordinances and compliance with future ordinance changes. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of Report Regarding Survey Requirementsfor Decks. · City Manager Boyles introduced the item. The City's ordinance provides that a survey be required when building a deck. Surveys show the location of structures in a property and contain relevant data for approval. Surveys cost $500 - $1,500, adding by one third to twice the cost of building a deck. Mr. Paul Scheuneman is a resident who wishes to put up a deck in the middle of the back of his house. There are clearly no problems with setbacks. The report seeks to obtain permission that, under certain conditions, the City could accept a sketch plan in lieu of a survey. It would protect the City and provide the property owner with a reasonable cost. · Mayor Mader said he saw the sketch of Mr. Scheunemann's properties. His deck is centered in the middle of the house. The clearance from the deck to the property lines does not present setback infringement. MOTION BY MADER SECOND BY PETERSEN TO HAVE STAFF WRITE AN ORDINANCE CHANGE ALLOWING FOR WAIVER OF SURVEY REQUIREMENTS 51898.DOc 4 FOR DECKS IF 1) STAFF VISITS THE SITE AND REVIEWS THE DOCUMENTS TO ENSURE THERE IS MINIMUM RISK TO THE CITY AND IT COMPLIES WITH ZONING ORDINANCE REQUIREMENTS, 2) THE PROPERTY OWNER PROVIDES A SKETCH AND LETTER OF INDEMNIFICATION AND 3) A HANDLING FEE IS PAID. . Councilmember Kedrowski asked if the letter of indemnification would provide that the City could remove the deck if necessary. . City Attorney Brokl said it indicates the owner agrees upon demand by the City to take necessary steps for compliance. . Planning Director Rye said the City currently requires hold harmless agreements with Building Permits. . Mayor Mader said it could include if the structure infringes on setback requirements it will be removed. . City Attorney Brokl said that would be covered. . Councilmember Kedrowski asked whether this would include the Shoreland Management District? . Councilmember Wuellner said yes. . Councilmember Kedrowski said the Council has had many discussions on setbacks in the Shoreland District. . Mayor Mader said in the resolution it said the requirements would have to be waived by the City Manager and based upon staff review, indicate a low risk. This particular property is in the Shoreland District but not near the water. . Councilmember Kedrowski said he would support the resolution. . Councilmember Wuellner asked whether this was specific to properties in the Shoreland? . Mayor Mader said it was for any property. . Councilmember Wuellner said the Shoreland has more conservative requirements as far as impervious surface. If it is Shoreland property, the most important consideration is the setback from the lake. Possibly a surveyor could come out and determine where the 904 mark is and the property owner could measure from there. . City Manager Boyles read the provisions of the ordinance. . Councilmember Wuellner said instead of strict survey requirements, staff could investigate the possibility of surveying for the 904 mark. S1898.DOc 5 . Mayor Mader said after 904 is established would someone then verify the setback? . Councilmember Wuellner said it could be done by the property owner. That is the most important setback. . Councilmember Petersen said the staff could figure out 904 by checking the lake level and measuring back up the property to 904. . Planning Director Rye said that would reintroduce the judgment call for someone to go out and establish 904. It may be difficult with sloping lots. . Mayor Mader said if it was a sloped lot he would assume the City Manager would not waive the survey. With Mr. Scheuneman's deck there would be no possibility of infringing on another property. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried. 9. (8) PUBLIC HEARINGS: A. Continuation of Board of Review Meeting. . City Manager Boyles introduced the item. County Assessor Leroy Arnoldi prepared a report addressing the six properties reviewed. Two of them had values which were adjusted. The other four properties' valuations remained the same. Council can affirm or recommend modification of the report. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE COUNTY ASSESSOR'S REPORT. Upon a vote ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried. B. (9) OLD BUSINESS Consider Approval of Bids to Dispose of Surplus Fire Equipment. . City Manager Boyles introduced the item. The Kelley blue book trade-in value for the Crown Victoria is $815. The bid is $806. There currently is a surplus of pumper trucks around the state. They are being used to "part- out" or are sitting in lots. The Council's options are to accept the bids, authorize a rebid, or donate the equipment to another department. MOTION BY KEDROWSKI SECOND BY SCHENCK TO CONSIDER DONATING THE TWO TRUCKS TO ANOTHER FIRE DEPARTMENT IN SCOTT COUNTY. S1898.DOC 6 . Fire Department Representative and Public Works Supervisor Hartman said a member of the New Market Fire Department submitted a bid for each truck. He wanted to purchase the trucks with his own funds and donate it to the department. . Counci1member Schenck said donation of these trucks will save a life or a structure. . Counci1member Kedrowski said that the Council could donate the trucks and reqUIre payment next year. . Public Works Supervisor Hartman said he was concerned about the Council not accepting the high bid by donating the trucks and then requiring payment later. . City Attorney Brokl said he assumed the motion meant a donation and meant no renumeration. Not accepting high bid and then requiring renumeration cannot be done. . City Manager Boyles said the Council can accept the bid for the Crown Victoria, reject the bid for the Fire Trucks, then donate the trucks. . Councilmember Kedrowski withdrew the motion, Councilmember Schenck withdrew the second. MOTION BY KEDROWSKI SECOND BY SCHENCK TO REJECT BIDS ON DISPOSAL OF FIRE TRUCKS AND ACCEPT BID ON DISPOSAL OF CROWN VICTORIA . Councilmember Petersen asked whether the trucks and car were the same bid? . Public Works Supervisor Hartman said it was not the same bidder. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner the motion carried. . Councilmember Kedrowski asked if New Market wanted the trucks. . Public Works Supervisor Hartman said Bruce Friedges wants to donate them to New Market. . Mayor Mader asked what the possibility of receiving better bids would be if the trucks were advertised through a national publication. . Public Works Supervisor Hartman said that possibility was considered, but there were so many in the publication with a broad range of pricing. It was determined that advertising locally would be better. MOTION BY WUELLNER SECOND BY KEDROWSKI TO DONATE THE FIRE TRUCKS TO NEW MARKET. 51898.DOC 7 · Councilmember Schenck said that would be fine if they don't want to donate to another department. · Public Works Supervisor Hartman mentioned some departments had tornado damage to their structures. · Mayor Mader said the City should donate the trucks somewhere that needs it most. · Public Works Supervisor Hartman said he heard the vehicles from towns with tornadoes were in usable condition. New Market is a mutual aid department, so Prior Lake would receive some benefit. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 10. NEW BUSINESS: A. Consider Approval of Resolution 98-66 Setting Parking Restrictions for Balsam Street, Sunrise Avenue, and Spruce Trail in the Vicinity of the DeWitte Avenue Public Access. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-66 SETTING PARKING RESTRICTIONS FOR BALSAM STREET, SUNRISE AVENUE, AND SPRUCE TRAIL IN THE VICINITY OF THE DEWITTE AVENUE PUBLIC ACCESS. · Mayor Mader asked how is no parking or no parking with trailers differentiated? · City Engineer Ilkka said in this particular application, it is a concern from a safety perspective. He said they are trying to be consistent. The City looked at it as a residential street and questioned No Parking altogether. The visibility here is good enough with no parking on one side. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of 1) Resolution 98-67 Adopting a Storm Water Trunk Fee and Revising the Assessment Policy and the Public Works Design Manual to Eliminate Pond Excavation and Pond Landscaping as Storm Water Drainage Improvement Costs Eligible for Reimbursement from the Trunk Reserve Fund and: 2) Resolution 98-68 Authorizing WSB and Associates Inc. to Prepare a Storm Water Trunk Fee Justification Report. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 67 ADOPTING A STORM WATER TRUNK. FEE AND REVISING THE ASSESSMENT POLICY AND THE PUBLIC WORKS DESIGN MANUAL TO ELIMINATE POND EXCAVATION AND POND LANDSCAPING AS STORM WATER DRAINAGE S1898.DOC 8 IMPROVEMENT COSTS ELIGIBLE FOR REIMBURSEMENT FROM THE TRUNK RESERVE FUND. . Mayor Mader said in the document there is reference to a storm water trunk fee less than current square footage fee. What goes in trunk reserve versus what will go into the storm water trunk fee? . Finance Director Teschner said that was an acreage charge for new development sewer and water trunk oversizing. The City is trying to make the fees consistent in terms of application. . Mayor Mader said the storm water fee is collected from developers. Those fees go into the trunk reserve. Now the City is charging a different fee, and the trunk reserve fee is $3,500. . Finance Director Teschner said the proposed storm water trunk fee is $3,180. . Mayor Mader said he thought the charge per acre is less than per foot. The City is still putting money into it with no reimbursement. . Finance Director Teschner said on site storm water improvements are for specific developments. If any oversizing of the pond for storage is required as part of the development, the City will reimburse the developer for the oversizing. . City Engineer Ilkka said the proceeds currently go into the trunk reserve fund. . Mayor Mader asked does the City receive the same financial benefit. . Finance Director Teschner said the bottom line is the cost justification study will determine what the fee should be to assure that all costs are covered at build-out. We want sufficient funds. There will be a cost reconciliation. An acreage charge is more appropriate. This saves the City money by not paying for ponding costs. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY WUELLNER APPROVING RESOLUTION 98-68 AUTHORIZING WSB AND ASSOCIATES INC. TO PREP ARE A STORM WATER TRUNK FEE JUSTIFICATION REPORT. . Councilmember Schenck asked about research justifying the fees. . Finance Director Teschner said Shakopee had a study done and there were some similarities. As the Public Works Director pointed out in the agenda report, it could be modified to Prior Lake. . City Manager Boyles said the City Attorney recommended conducting an evaluation to justify City fees which would be useable year to year. S1898.DOC 9 . Mayor Mader said he had a problem spending $18,500 on this. · City Attorney Brokl said it would show that the fee is defensible and collectible to report what fees are acceptable and provide a list of criteria. That was not available in the Country Joe case. . Mayor Mader said he would anticipate the fee would be justified. Spending $18,500 to do fine tuning is too much. . City Engineer Ilkka said the City can't determine the cost until the system is planned, which is a significant part of the fee. As part of development it is a justifiable cost. . Mayor Mader said he won't support it. Upon a vote, ayes by Petersen, Kedrowski, and nays Wuellner, Mader and Schenck, the motion failed. MOTION BY WUELLNER SECOND BY SCHENCK TO HAVE STAFF ADDRESS THE REPORT ISSUE AND REPORT BACK TO THE CITY COUNCIL. Upon a vote, ayes by Mader, Petersen, Wuellner, and Schenck, nay Kedrowski, the motion carried. C. Consider Approval of 1999 - 2003 Capital Improvement Program. . City Manager Boyles introduced the item. There was a Council work session in May regarding the CIP. The Council can approve it as proposed or with amendments. In 1999, for project number 11, the other participants do not have the funding programmed, so the project should be pulled from 1999. . Councilmember Kedrowski said perhaps the City could contribute to the Rutgers and CSAH 42 project. Prior Lake would pay $25,000 for this purpose which would be a good gesture considering its relationship with County. It will benefit Prior Lake in the long run. . Councilmember Wuellner said then the City is buying cooperation. The City chose not to participate. . Councilmember Kedrowski said at one time the City was given a bill for $100,000 for some improvements, which it did not pay because it was not asked to participate in the project. . Councilmember Wuellner said what is the urgency and what does it have to do with the CIP? . Finance Director Teschner said these projects need to be approved in order to incorporate them into bonding. These projects will go to public hearing for 1999. S1898.DOc 10 . Councilmember Kedrowski said since CSAH 23 is being taken out, should the City should consider anything on TH 13 now or wait until a feasibility study from staff is done? . City Manager Boyles said if the Council wishes to include a project it would need to be included with the c.I.P. There are a number of funding parties which will first need to be met with. . Finance Director Teschner said there was flexibility to amend the CIP for any specific project, by public hearing. Ifthe intersection is upgraded it can be added to the CIP. . Councilmember Kedrowski said when the TH 13 project comes back to the CIP Council can amend it next year for the necessary upgrade along TH 13. . Councilmember Schenck said one project of priority is at 150th and TH 13. This is listed in 2001. There is no way it can be done sooner? This is the most dangerous intersection. . Finance Director Teschner said that is the reconstruction of the roads and not the intersection itself. . City Manager Boyles said any TH 13 intersection needs to be coordinated with the other funding sources. They can coordinate it once it is prioritized. . Mayor Mader said he was looking at Candy Cove and Centennial Street. There are many streets in the City that need reconstruction. What is the criteria for a street reconstruction? . City Engineer Ilkka said the Public Works Supervisor and engineering staff have prioritized the streets. . Finance Director Teschner said Candy Cove was done in 1973,25 years ago. . Mayor Mader asked whether approving the CIP is at least a partial step in finalizing the budget? . Finance Director Teschner said this CIP will effect the 2000 budget, not the 1999 budget. These are all scheduled projects. The next step is to have engineering prepare a feasibility study. The City will refine the cost estimates for bonding. The tax impacts of 1998 projects will affect the 1999 budget. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE 1999-2003 CIP AS AMENDED WITH ELIMINATION OF PROJECT 11 FROM 1999. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 11. OTHER BUSINESS: 51898.DOc 11 · Councilmember Wuellner, said the foot and a half margin of error on the lake level of 904' and 902.5' do not provide enough of a margin. The lake has been maintained at an artificially high level. The speed limit, no wake zones and no wake level of 904 were designed when traffic, speed, and boat size were significantly less than they are now. Maybe the Lake Advisory Committee could look at it. MOTION BY WUELLNER SECOND BY PETERSEN TO HAVE THE LAKE ADVISORY COMMITTEE LOOK AT THE SURFACE WATER ORDINANCE PROVISIONS (SPEED LIMITS, ETC.), NO- WAKE LEVEL TRIGGER, AND LAKE LEVEL ISSUE. . Councilmember Kedrowski asked if the intent was to look at the lake issues and discuss them with the Watershed District. . Councilmember Wuellner said the City Council has control of when the no-wake begins. A significant amount of property damage and pollution begins before that no-wake level is reached. We are destroying our own lake. Can they move it to a 902.5 water level? The lake can be maintained at a 902.0 level. A lower lake level management plan should be considered. . Councilmember Petersen said if a dam were constructed, it could take some houses off the flood plain. · Councilmember Wuellner said the present system is not working. · Councilmember Kedrowski said the City should look at the issue. Maybe the water should be at 904. · Councilmember Wuellner said he could take the Council on his boat and show 3-4 foot trees out in the water. There are trees that are in the water that did not grow naturally in the water. · Mayor Mader said he was aware of tree stumps and fences which were under the water. · Councilmember Petersen said he could show documentation of back in the 1970's on the location of the lake level. · Mayor Mader said he had seen presentation charts showing the impact of rainfall on the lake level. The issue requires active discussion. The Lake is Prior Lake's most valuable resource. It is important to look at its preservation. Upon a vote, ayes by Mader, Kedrowski, Petersen, and Wuellner, nay Schenck, the motion carried. . Mayor Mader said he wanted to clarify the Westbury Pond item in the Update. The neighbors were not happy but would accept the City's decision. They wanted it restored to its original height and width. S1898.DOC 12 . The City Council directed staff to place an announcement in the Prior Lake American indicating two openings on the Planning Commission. . There was a five minute recess at 9:15 p.m. . Council Adjourned to Executive Session at 9:20 p.m. to discuss pending litigation. . At 9:42 p.m. Council recessed from executive session. . Mayor Mader said he had compiled a list of Shady Beach Access task force members. He would like a report by the first meeting in July. Ifit is not resolved in two meetings, Council will have to take action. He said he would like a response from the City Attorney on the Sportsmen's Club easement issue. . City Attorney Brokl said it was the opinion of the City Attorney that the Sportsmen's Club did not have a valid easement over the access. . Councilmember Wuellner said he called the Ask City Hall Line and was impressed that his' question was answered quickly. 12. ANNOUNCEMENTS/CORRESPONDENCE: 13. ADJOURNMENT: The meeting was adjourned at 9:47 p.m. ~Mw Recording Secretary S1898DOC 13