HomeMy WebLinkAboutAgenda & Minutes
EDA MEETING 5:30 - 7:00 p.m.
7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: June 15 , 1998
1. CALL TO ORDER................................................................................ 7:30 p.m.
2. PLEDGE OF ALLEGIANCE:
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL or PREVIOUS MEETING MINUTES:
A. June 1, 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
1'..Qll call vote. Any iteni 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 May Building Permit Report.
C. Consider Approval of Animal Warden Monthly Report for May.
D. Consider Approval of Treasurer's Report for May.
E. Consider Approval of Fire Call Report for May
F. Consider Approval of Resolution 98-XX Approving Plans and Specifications and
Authorizing Advertisement for Bids for a Replacement Supervisory Control and
Data Acquisition System for the City's Water Distribution System.
G. Consider Approval of Resolution 98-XX Authorizing the Award of Bid for the
Construction of Road, Trail, and Parking Lot Improvements Identified in the 1998
Parks Capital Improvement Program.
H. Consider Approval of Resolution 98-XX Authorizing the Purchase of Two (2) One
Ton Four Wheel Drive Pickup Trucks with Plows Through the State of Minnesota
Cooperative Purchasing Agreement.
I. Consider Approval of 1998 - 1999 Liquor License Renewals.
J. Consider Approval of Resolution 98-XX Approving the Final Plat and Development
Contract for Knob Hill 3rd Addition and Resolution 98-XX Approving the Staging
Plan for the Knob Hill Development.
K. Consider Approval of Refuse Hauler Permit Renewals for Buckingham Disposal,
Dick's Sanitation, Knutson Services, New Earth Services, Prior Lake Sanitation,
Quality Waste Control, Shakopee Services, and Waste Management.
16200rEegle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. ITEMS REMOVED FROM CONSENT AGENDA:
A.
7. PRESENTATIONS:
A. Ceremonial Presentation of Keys for 1970 and 1975 Fire Pumpers to Representatives
of the City of New Market.
B. Receive Donation from Prior Lake Volunteer Firefighter Relief Association of 1937
Antique Fire Truck (Prior Lake's First Fire Vehicle)
8. PUBLIC HEARINGS:
A.
9. OLD BUSINESS:
A. Consider Approval of Resolution 98-XX Upholding a Decision of the Planning
Commission 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.
B. Consider Approval of Request to Reconsider Issue of Extension of Adelmann Street,
Storm Sewer, Water and Sanitary Sewer by Deerfield Development, Inc.
C. Consider Approval of Ordinance 98-XX Pertaining to Certificate of Survey
Requirements for Building Permits.
D. Consider Approval of Ordinance 98-XX Approving an Amendment to the Zoning
Ordinance Relating to the Engineering Certification Requirements for Building
Permit Applications on Properties Determined to Have a Bluff.
E. Consider Approval of Report Regarding Construction Management.
F. Consider Approval of Resolution 98-XX Approving Inflow/Infiltration Control
Program Loan Agreement Between Metropolitan Council and the City of Prior Lake
and Authorizing Howard R. Green Company to Implement the Program.
G. Consider Approval of Revision to Section 6-7-1 of the Prior Lake Subdivision
Ordinance Relating to Boulevard Trees.
10. NEW BUSINESS:
A. Consider Approval of Resolution 98-XX Awarding Bids for 1998 Improvement
Projects and Authorizing Bolton and Menk, Inc. to Perform Construction Staking
Services.
B. Consider Approval ofMVTA 1999 Tax Levy Request.
11. OTHER BUSINESS:
12. ANNOUNCEMENTS/CORRESPONDENCE
13. ADJOURNMENT
61S98.00c
:';
o~ PR~.
S 7 \( ~ REGULAR COUNca MEETffiG MmUTES
'" -:: "J Date: June 1, 199B
lNNE0;Y
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, City
Attorney Pace, Assistant City Manager Woodson, City Engineer Ilkka, Parks and Recreation
Director Hokeness, Planning Coordinator Kansier, Fire Chief Chromy, and Recording Secretary
Oden.
2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to
the meeting. He noted that this was the first live cable televised Council meeting.
· Mayor Mader noted the involvement of the City in clean-up activities associated with the storm of
Saturday, March 30.
· City Manager Boyles commented that the Police Department, Fire Department, and Parks an~.
Public Works Maintenance departments worked around the clock Saturday evening and Sunday
during and after the storm. He outlined guidelines associated with disposal of storm debris. There
could be as much as four weeks for pick up of debris by the City. He noted that residents should call
440-9675 if they have any questions.
3. A...:.l'KOVAL OF AGENDA:
· Item 9A) 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. will be deferred until June 15th. Item 9D) Consider Approval of Report Regarding
Construction Management, will be deferred until June 15th. Item lOA) 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 will be
moved to the first item of old business.
· City Manager Boyles asked that the Council provide for the record a motion if it desired to
reconsider the Adelmann Street and utilities extension item for the June 15th meeting.
· There was a request to move item JOB) Consider Approval of Ordinance 98-JO Approving an
Amendment to the Zoning Ordinance to allow Gymnastics Schools as a Conditional Use in the BP
(Business Park) District forward to follow lOA).
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. May 18,1998
16~~.~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215
AN EQUAL OPPORTUNITY EMPLOYER
. City Manager Boyles noted a change to the minutes on the first page. The date should read
"Approval of Minutes for the May 4, 1998 City Council Meeting".
. Mayor Mader said his vote on page three should be nay and Councilmember Petersen's shoJlld be
aye.
· Mayor Mader said the names of the Shady Beach Public Access Task Force should be listed on page
thirteen.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MAY 18, 1998 CITY
COUNCIL MEETING MINUTES 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 Invoices to Be Paid.
B. Consider Approval of Resolution 98-69 Authorizing the Preparation of Plans and
Specifications for the LibrarylResource Center.
C. Consider Approval of Resolution 98-70 Authorizing the Preparation of Plans and
Specifications for Lakefront Park
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CONSENT AGENDA
ITEMS A, B, C.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
6. HEMS REMOVED FROM CONSENT AGENDA:
. The Consent Agenda was approved as presented.
7. PRESENTATIONS:
A. Abdo, Abdo & Eick, 1997 Audit Report and Management Letter
.
Jerry Eick on behalf of Abdo, Abdo & Eick, presented the Audit Report and Management Letter for
1997. He walked the City Council through the report and mentioned that it was difficult to apply
business principles to the City because government has different measures and a different
presentation of assets and liabilities. The audit is a tool to look at what is expected and the nature of
funds, assets and liabilities in a format prescribed based upon national standards.
.
He reviewed specific intents and purposes of funds. The general fund is used for basically
everything. Special funds and Revenue funds are for money accumulated or received for a special or
intended use. Debt Service is for repayment of long term obligations. Capital project funds are
established for particular projects or activities. They have a short life and exist for a particular
project.
MIN6\.DOC
2
q
.
.
The General Fund is the single biggest fund, including cash and investments. Why have so much
cash on hand? There must be adequate money on hand in the beginning of the year to provide
services for the first six months of the year. May and October taxes are paid to the County by the
state and then forwarded to the City in June and December. In order for the City to maintain
services to the community, it needs to have the money first. The City should work to bring cash
reserves up to over 30%, especially as the state check arrives later and later each year. The last item
is general fund expenditures by object. He commended the City of Prior Lake on the establishment
of the Equipment Revolving Fund.
Councilmember Schenck asked whether the state's recommendation for contingency reserve
percentage was still 40%.
.
Mr. Eick said the state goal was 40%. Because of the delay in payments and relationship of taxes, it
is better with a higher percentage.
.
Councilmember Schenck asked how Prior Lake compared with other cities its size.
.
Mr. Eick said Prior Lake was fairly normal at 30% given its growth.
.
Councilmember Schenck asked whether the contingency reserve amount reflects on the bond rating..
.
Mr. Eick said definitely. It reflects the City's ability to maintain service.
.
Mayor Mader asked about the difference in County or municipality as related to businesses. Is the
format and structure of the accounting principles mandated by state statute, or content?
.
Mr. Eick said it is a national standard regarding the information provided and how it is displayed
and accounted for.
.
Mayor Mader asked about the general fund transfer of $934,000 and whether that was itemized.
.
Mr. Eick said it was not individually itemized.
.
Mayor Mader asked whether the assets section was analogous to a business statement.
.
Mr. Eick said in terms of assets, all items were readily measurable. One thing is different from
business; it is not classified future, long term, or other. All assets are identified against properties.
.
Mayor Mader asked about deferred revenue.
.
Mr. Eick said it was a government presentation of realizing future assets.
.
Mayor Mader asked about the total assets and other debits, in 1996 $52 million, 1997 $69 million.
.
Mr. Eick said other debits are general, long term, debt obligations. There is $8 million of bonds
from the park referendum. Because they were bonds $8 million is shown in cash.
.
Finance Director Teschner said the transfers out were for two areas. $450,000 was for the Revolving
Equipment fund. $484,000 was for debt service for Equipment, the Park Bond issue, and Fire Hall
Bonds. In the audit report it is reflected as a transfer to the debt service account.
MIN6\.DOC
3
M1N6LDOC
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE AUDIT REPORT
AND MANAGEMENT LEllhR FOR 1997.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
8. PUBLIC HEARINGS:
A. There were 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.
· This item was deferred to the June 15th meeting.
B. (lOA-NEW BUSINESS) Consider Approval of Resolution 98-68 Declaring Approval Null
and Void for Preliminary Plat and Conditional Use Permit for Glynwater 1st Addition for
Failure to Comply with Public Notice Requirements
.
City Manager Boyles said not all individuals within 500 feet were notified of the public hearing, so
there was a question of validity on the conditional use permit (CUP) and preliminary plat. Staff feels
that the preliminary plat and CUP are valid because individual notification is not required in that
instance. Staff is recommending, however, that the City Council consider the possibility of
conducting a public hearing prior to considering the final plat. The developer and residents are
encouraged to meet prior to that time.
.
City Attorney Pace said on the issue of final plat approval, based on her analysis, her opinion is that
the rezoning is clearly valid. The state statute and City Code are the same on rezoning. Individual
notice is only required in cases where rezoning is 5 acres or less. There was a published notice of
public hearing for the preliminary plat. The abstract company made a mistake so notice was sent to
only 14 of sixty people. The state requires a public hearing after published notice, and only requires
Cities to mail notice on zoning changes of 5 acres or less. The Code requires notice to property
owners within 500 feet only when an application has been filed. State statute is identical for CUP
and Zoning Change; it is not a fatal flaw that the number of individual notices was not correct.
Planning Coordinator Kansier has tried to reach the developer. Her suggestion to them and the City
Council is to ask the developer to consent to a public hearing preceding the final plat. Under State
Statute, if a developer meets all the conditions imposed on a preliminary plat, the Council may not
impose additional conditions.
.
Councilmember Kedrowski said if there is not a formal agreement with the developer, perhaps
Council should meet with him before making a motion.
.
City Attorney Pace said he is advised of the Council's intent. The developer has had a preliminary
indication. They could choose to go through the process again. The developer has voluntarily agreed
to stop work on the project for the moment. There is no reason to believe the developer would not
cooperate.
.
Mayor Mader asked if the City does not declare the CUP and Preliminary Plat null and void, does
that mean the Council would not have the authority to add conditions?
4
.
.
.
.
City Attorney Pace said if the City proceeds to do that it should be a resolution.
Herb Wensmann ofY'ensmann Developers said he will cooperate with the City. They have already
been delayed now. A month won't be a big issue. He said he will host a neighborhood meeting.
Councilmember Schenck said in the agenda report, it says staff will schedule a hearing for the next
available Planning Commission meeting.
City Attorney Pace said the staff report was prepared based on her preliminary understanding of the
facts. She said disregard the recommendations in the staff report.
.
Councilmember Wuellner said so the alternatives are to declare the preliminary plat null and void,
or short circuit it.
.
Mayor Mader said there are several people in the audience who would like to address the issue. He
suggested they designate someone to speak for the group.
.
Stephanie Renslow of 15616 Fremont Ave South addressed the Council. She said they were not
prepared to have someone speak for the group. She said in August of 1997 she went to City Hall
after seeing surveyors by the wetland and talked with Planner Tovar and Planning Coordinator
Kansier and asked about what they were surveying. She said they indicated that residents would be
notified of changes to the property because their land abutted the property.
.
She said she inquired about the wetland and was told by the Planning Commission it was not a
wetland. She indicated that property values were high in the neighborhood and that she indicated to
staff that the neighborhood was concerned. She said Ms. Kansier said the neighbors would be
notified but they were not. She said on May 8,1998 she came home to excavating machines, and did
not contact anyone until May 22. She said Planning Coordinator Kansier indicated that the notice
had been in the Prior Lake American. She said on May 26 City Manager Boyles said this agenda
item was a for record only item. She said the City has not done due process according to its past
practice. She said its practice was that any time there was a P.D.D. it was reviewed and individual
written notification took place. She said the zoning, c.u.P., and preliminary plat showed the intent
to notify. She said due process was not afforded as required by the ordinance and as practiced in the
past. She asked the Council to consider the residents due process rights.
.
Tom Finn of 15672 Fremont Avenue addressed the Council. He moved in April 23rd of this year
because he liked the neighborhood. The house he purchased backs up to the development. His
concern is the number of accesses to Fremont Avenue and the entrance to the development. He did
not know of the development when he purchased the house. He said he was concerned about the
safety of the neighborhood, speed of traffic, and amount of traffic. He would like to have due
process.
.
Councilmember Schenck said what they are dealing with is whether to conduct a public hearing.
Council has a resolution to be moved.
.
Mayor Mader said he would continue to allow residents to speak.
.
Mike Soukup of 15669 Fremont addressed the Council. He was concerned about not being notified
and letting a development traffic come on to Fremont and proceed south. He was concerned about
the safety of kids walking out of the common outlot.
MIN61.DOC
5
· Dawn Ludtke of 15645 Fremont addressed the Council. Due process and traffic were a concern. At
the intersection of Fremont and 82 there are no stoplights. People illegally pass on shoulder. There
. is illegal use of the association lot. There is not consistent Police enforcement. The quality of life
should not be affected by this development.
· Fiona Hein of 15567 Fremont addressed the Council. She lives across the street from the
development. She was concerned about traffic and CSAH 82. She said they would like to request all
the action regarding Glynwater be declared null and void. She said there was confusion about what
will happen if it is only a public hearing.
· Jan Ferguson 15745 of Fremont addressed the Council. She said they would like to request the
Glynwater preliminary plat and CUP be declared null and void and start from scratch. She said it
appears the neighbors were discriminated against during this process.
· Mayor Mader called a five minute recess.
· Mayor Mader said this was an error of the developer's agent. Wensmann has tried to be a good
neighbor. The abstractor provided faulty information. He asked Herb Wensmann how he would like
to address it.
· Mr. Wensmann said he would like to pick up the residents on a bus and do a tour of a similar
development, and then go on to the public hearing before the Planning Commission.
· Mayor Mader said Council could then declare the preliminary plat null and void so a public hearing
could be held.
· Mr. Wensmann concurred.
MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98-67
DECLARING THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT RESCINDED
FOR GL YNW ATER.
.
Mayor Mader asked about language changes. He said look at the now therefore paragraph. Approval
of resolution 98-39 and 98-47 are rescinded due to improper hearing notice. Neither the state nor the
City Ordinances require notification for a zoning ordinance change.
.
The language change was accepted as a friendly amendment.
.
Councilmember Kedrowski asked about starting over with a preliminary plat and conditional use
permit.
.
City Attorney Pace said there would be a public hearing at the Planning Commission.
.
Councilmember Kedrowski said he was concerned about traffic there. He recommended that the
developer do a traffic analysis as part of the process.
.
Councilmember Wuellner said the onus is on staff to put together checks and balances so this does
not happen again.
.
Mayor Mader said City Manager Boyles was already doing that and would provide feedback at a
later date.
M1N61.DOC
6
. City Attorney Pace said a proposal by staff is under consideration now.
_ Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
C. (lOB) Consider Approval of Ordinance 98-10 Approving an Amendment to the Zoning
Ordinance to allow Gymnastics Schools as a Conditional Use in the BP (Business Park)
District.
. City Manager Boyles introduced the item. If Council approves the amendment it would allow
Gymnastics Schools as a Conditional Use in the Business Park District. There is to be no more than
3,000 square feet, with operating hours of 5:00-11:00 p.m. Monday - Friday, and 7:00 a.m.-11:00
a.m. Saturday and Sunday. Parking would not be combined or shared. It is the recommendation of
the Planning Commission to approve the ordinance. Staff recommends against the ordinance
because of a conflict between recreational and business use.
. Bev Rutz of 15691 Santee Circle addressed the Council. She said they started this program and
would like to see it grow and flourish in this town. There is great involvement for kids, especially
with year round program availability. The majority of Gymnastics schools are started in an office or
warehouse. They need the ceiling height for advanced students. It will be a drive-up and drop-off
program. They need to involve kids with high tech and professional programs here or they will go tQ
other cities.
. Chuck Rutz of 15691 Santee Circle addressed the Council. He said they want a space in town with
greater ceiling height. They would like to eventually build their own building.
. Councilmember Kedrowski asked whether gymnastics was allowed in all districts except the
business park?
. Planning Coordinator Kansier said that is correct.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE ORDINANCE 98-10
AMENDING SECTION 5-5-15 (D) OF THE PRIOR LAKE CITY CODE AND AMENDING
SECTION 6.15 (D) OF THE PRIOR LAKE ZONING ORDINANCE 83-6 TO ALLOW
GYMNASTICS SCHOOLS AS A CONDITIONAL USE IN THE BUSINESS PARK DISTRICT.
. Mayor Mader asked whether a zoning change would be permanent.
. Planning Coordinator Kansier said that would be incorporated into the proposed zoning ordinance.
. Mr. Roots said 4,000 square feet would be ideal. The floor takes 1600 feet. The runway is 90 feet to
a vault.
. 4,000 feet was accepted as a friendly amendment to the ordinance.
. Mayor Mader said it would be a problem with building the business park to ask taxpayers to pay for
it on the basis that it is for business and then open it to other activities. He will not support it
because it sets a bad precedent considering TIP.
Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay by Mader, the motion
carried.
M1N6I.DOC
7
M1N61.DOC
D. (9B) Consider Approval of Contractor's Claim for Lost Overhead on Pike Lake Trail Due
to the Elimination of a Retaining Wall.
.
· City Manager Boyles introduced the item. Valley Paving, Inc. is requesting reimbursement of
$5,510 for lost overhead due to the elimination of a retaining wall.
MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE CONTRACTOR'S
CLAIM FOR LOST OVERHEAD ON PIKE LAKE TRAIL DUE TO ELIMINATION OF
RETAINING WALL.
.
Councilmember Kedrowski asked if it was correct that the City had not paid overhead and that the
staffs opinion was this amount was correct.
.
City Engineer Ilkka said that was correct.
.
Councilmember Petersen asked why the City was paying overhead costs?
.
City Manager Boyles said overhead was allocated for the entire project.
.
Mayor Mader said Valley Paving thought that the City was going to pay the $5,500 and so they diq
not include some other costs.
.
Councilmember Wuellner said part of the risk in bidding a project is not only the price, but the
package.
.
Councilmember Kedrowski asked what is the implication of denying this?
.
City Attorney Pace said the contractor makes arguments which should be given consideration with
respect to additional costs. If the change order resulted in additional work by the subcontractor, it is
correct.
.
Councilmember Kedrowski said the motion should be amended to $3,486.
.
Mayor Mader asked whether there was an estimate on change order number one.
.
City Engineer Ilkka said only on his costs submitted originally.
.
Mayor Mader asked whether Valley Paving's bid said he was not including mark up because he
was not submitting a change order.
.
City Engineer Ilkka said he was not given full compensation. The contractor has the right to come
back with all his claims for compensation.
.
Councilmember Petersen asked if there was grading required because of the elimination of the
retaining wall.
.
City Engineer Ilkka said it was priced out as part of the change order initially.
.
Councilmember Petersen asked if the City paid for that work.
.
City Attorney Pace said in the change order that was approved by the Council he could have added
it.
8
. *.
. Councilmember Kedrowski said he is justifying overhead.
-
. Mayor Mader said Council did not tell him they would not pay him for the change order he did. The
overhead which applies to the retaining wall should not be paid.
. City Attorney Pace said his overhead on the total project was $28,000. $5,500 was applied to the
retaining wall.
. $3,486 was accepted as a friendly amendment.
. Mayor Mader said overhead from one part of the project should not be removed and applied as
overhead to the new task.
Upon a vote, ayes by Kedrowski, Petersen, and Schenck, nays by Wuellner and Mader, the motion
carried.
E. (9C )Consider Approval of Resolution 98-XX Authorizing WSB and Associates Inc. to
Prepare a Storm Water Trunk Fee Justification Report.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-XX
AUTHORIZING WSB AND ASSOCIATES INC. TO PREPARE A STORM WATER TRUNK
FEE ms ill' iCATION REPORT.
.
City Manager Boyles introduced the item. Council authorized a storm water trunk fee on an interim
basis. The purpose of the study is to provide a basis for the fee. Storm water report provides a plan
for when the City is at build out.
.
City Engineer Ilkka said his perception on what it will include is a trunk storm water system for
future development, ponding treatment, blueprint for storm water system, policy issues, and lake
outlet. The intent of the study is to prepare a plan for the City for what a trunk storm system will
look like.
.
Councilmember Schenck asked whether this is a one time report?
.
City Engineer Ilkka said yes.
.
Councilmember Schenck asked about the potential for updating costs?
.
City Engineer Ilkka said staff will be able to update the cost part of the report annually. The City
Council may see things differently in 2-5 years.
.
Councilmember Schenck asked if that would mitigate the City's legal responsibility for storm sewer
issues and flooding.
.
City Engineer Ilkka said potentially.
.
Councilmember Schenck asked whether the City had discussed cost sharing with the Watershed
District for this information?
.
City Engineer Ilkka said they have not discussed it with the Watershed at this point.
M1N61.DOC
9
· Councilmember Wuellner asked whether the fees have been challenged in the past.
· City Attorney Pace said even though there is a.. statutory basis for the fees, they can be challenged,
and must be defensible with documentation.
· Councilmember Kedrowski asked whether it could be prepared by staff.
· City Engineer Ilkka said considering the time allocation, that would be a question of what does not
get done.
· Councilmember Kedrowski asked whether this would apply to any areas outside municipal
boundaries.
· City Engineer Ilkka said any specific areas that drain into City limits should be included.
· City Attorney Pace said with respect to the sewer and water agreement, the Met Council is requiring
the township to prepare a plan.
· Councilmember Kedrowski suggested the report be completed inclusive of the Orderly Annexation
Area.
· City Attorney Pace said there is a pending proceeding before the Minnesota Municipal Board which
should be completed first.
· Councilmember Kedrowski suggested that stafflook at the issue.
· Mayor Mader said he would take the standpoint of being conservative on the issue of fees. He said
he would not want a study done and then have it become quickly outdated. He said they approved
engineering hours for a substandard road when the City has no responsibility to design the street. He
said he cannot support $20,000 for the study.
· Mayor Mader called the question.
Upon a vote, ayes by Kedrowski, nays by Mader, Petersen, Schenck, and Wuellner, the motion
failed.
MOTION BY SCHENCK SECOND BY WUELLNER TO HAVE STAFF INVESTIGATE THE
POSSIDILITY OF COST SHARING WITH THE WATERSHED DISlRICT FOR
PREPARATION OF THE REPORT.
· Councilmember Schenck said he does support a report but does not support the cost of it. The
Watershed benefits from it. The cost is an issue as well as the report becoming outdated.
· Councilmember Wuellner said he also supported the report but not the cost.
· Councilmember Kedrowski said he had not seen any evidence of how the Watershed would benefit
by the report.
· City Manager Boyles said the report would comment on lake levels which would interest the
Watershed.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried.
M1N61.DOC
10
F. Consider Approval of Report Regarding Construction Management.
This item was deferred to the June 15 meeting.
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 .(This item was moved to 9A)
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. (This
item was moved to 9B)
C. Consider Approval of Resolution 98-71 Ordering Preparation of Feasibility Report for
1999 Improvement Projects.
. City Manager Boyles introduced the item. A feasibility report is to determine whether to move to
the next stage of projects.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-71.
ORDERING PREPARATION OF FEASIBILITY REPORT FOR 1999 IMPROVEMENT
PROJECTS.
. Mayor Mader said under "Issues" in the 2nd paragraph instead of bids solicited it should say bids
awarded. He asked about the reconstruction of CSAH 42 to McKenna on the western city limits and
whether the County should participate.
. City Engineer Ilkka said the project has to be included for the City to be able to bond for the CSAH
42 project.
. Mayor Mader asked what would happen if the County does not want to proceed.
. City Engineer Ilkka said the feasibility report only addresses the project areas where the City
participates.
. Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
D. Consider Approval of Resolution 98-XX Approving Acquisition of Opticon Emergency Pre-
emptive Equipment.
.
City Manager Boyles introduced the item. He said it could save $8500 if the EVP was purchased all
at once for the six intersections identified. He said he was not asking for approval for purchase
immediately. He would not recommend going forward at this time until we have a better
understanding of how much it will cost to clean up from the storm. This and storm clean-up efforts
will be funded through the contingency account. He said they may have to use $20,000 contingency
for storm clean up.
.
Councilmember Wuellner asked whether Scott County would share costs for installation on County
Roads.
M1N6LDOC
11
· City Manager Boyles said the City is viewed as the benefactor. The City's police and Fire vehicles
use it. This would not preclude the City from asking for County participation.
· Fire Chief Chromy said for other entities to use, they must obtain permission from the City Council.
MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE THE ThlLhNT TO
PURCHASE THE EVP AT ONE TIME AND ALSO TRY TO OBTAIN FUNDING AND
SUPPORT FROM THE STATE AND/OR COUNTY
· City Engineer Ilkka said a traffic signal was paid for 75%-25% County and City. 100% on opticon
is paid by the City.
Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
· City Manager Boyles said Council for the record should motion to reconsider if it desires to hear
and debate the extension of Adelmann Street and Sewer and Water on June 15th.
· Mayor Mader said if there would be no new information, he would not be in favor of bringing i~
back to the Council
· There was some discussion on reconsideration ofthe item.
· City Engineer Ilkka said he would have staff report.
MOTION BY WUELLNER SECOND BY SCHENCK TO RECONSIDER THE ADELMANN
STREET AND UTILITIES EXTENSION.
Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay by Mader, the motion
carried.
· City Attorney Pace mentionied the Gourmet Regency coffee injunction if voluntary compliance was
not met.
· City Manager Boyles said there would be a Minnesota Municipal Board conference call meeting on
Monday, June 8th to review areas 7E and F of the Orderly Annexation Area. The sewer and water
agreement was approved and executed.
· There will be a Chemical Health and Violence committee meeting next week.
12. ADJOURNMENT:
MOTION BY WUELLNER SECOND BY KEDROWSKI TO ADJOURN.
Upon a vote, a by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried.
/d~oTW !)ck.1V
Recording Secretary
~J
City Ma~r J
MlN61.DOC(/
12