HomeMy WebLinkAboutAgenda & Minutes
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City Council Work Session - 5:00 - 7:00 p.rn.
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FORUM: 7:00 P.M. - 7:30 P.M.
REGULAR COUNCIL MEETING AGENDA
Date: November 1, 1999
1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m.
2 APPROVAL OF AGENDA:
3 CONSIDER APPROVAL OF OCTOBER 18,1999 MEETING MINUTES.
4
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. ltt;Jms 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 I nvoices to Be Paid. /'" lIto
B) Consider Approval of Resolution 99~ Overturning the Decision of the Planning
Commission to Deny a Variance to Locate an Accessory Garage Building Between the
Front Building Wall and the Front Lot Line instead of the Required Side and Rear Yard
on the Property Located at 6082 - 150th Street S. E.
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ITEMS REMOVED FROM CONSENT AGENDA:
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PRESENTATIONS:
A) Proclamation by Mayor Mader Recognizing Youth Appreciation Week
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PUBLIC HEARINGS: '1
A) Public Hearing to Conduct Assessment Hearing for 1999 Improvement Project 99-11 / " 1"
Candy Cove 1 Lakeside Manor Improvements and Consiqer Approval of. Resolution 99../
XX Adopting the Assessment Roll for the Project.
B) Public Hearing to Consider Approval of Resolution 99-4acating a Portion of the
Roadway Easement for Pike Lake Trail Located on Lots 1 ,Block 4, Knob Hill 2nd
I
Addition. ;'.. . \ , t
OLD BUSINESS: 1'1
A) Consider Approval of Ordinance 99~ Approving an Amendment to the Zoning
Ordinance Relating to the Setback Requirements for Residential Driveways (case file
99-079). / J~
B) Consider Approval of Resolution 99~ Awarding Bid and Authorizing the Mayor and
City Manager to Execute the City's Standard Contract for the Construction of a
Community Park/Athletic Complex on the Former Busse Property.
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9 ~EW BUSINESS:
\}-~~A) Consider Approval of Resolution 99-XX Approving Conditional Use Permit
\ Communication Tower located within the CSAH 42 Right-of-Way.
B) Consider Approval of Resolution 99-XX Approving the Conditional Use Permit
Communication Tower located within the Candy Cove Right-of-Way.
for a
for a
162&:iQ~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUf'.L OPPORTUNITY ["-:PLO':'ER
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C) Consider Approval of Resolution 99-J'lnitiating the Vacation of a Portion of Red
Oaks Road Adjacent to Lots 27-37, Red Oaks.
D) Consider Approval of Ordinance 99-XX Amending City Code. Section 105.300 Relating
to the Salaries of the Mayor and City Councilmembers~ ~JJ.J
E) Consider Approval of Appointments to the Parks Advisory Committee, Lake Advisory
--- Committee and Planning Commission.
10 OTHER BUSINESS/COUNCILMEMBER REPORTS:
11 ADJOURNMENT
II0199.DOC
REGULAR COUNCIL MEETING MINUTES
Date: October 18,1999 (7:30pm)
CALL TO ORDER and PLEDGE OF .ALLEGIANCE: Present were: Mayor Mader,
Councilmembers Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attorney
Pace, Acting Public Works Director 1 City Engineer McDermott, Planning Coordinator Kansier,
Planner Jenni Tovar, and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE AGENDA.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
CONSIDER APPROVAL OF OCTOBER 4. 1999 MEETING MINUTES:
MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE MINUTES OF THE
OCTOBER 4, 1999 MEETING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
CONSENT AGENDA:
A) Consider Approval of Invoices to be Paid.
B) Consider Approval of Treasurer's Report.
C) Consider Approval of Building Permit Report.
D) Consider Approval of Animal Warden Monthly Report.
E) Consider Approval of Monthly and 3rd Quarter Fire Call Reports.
F) Consider Approval of 1999 3rd Quarter Investment Report.
G) Consider Approval of 1999 3rd Quarter Budget Report and Overview.
BOYLES: Noted that the expenditure for Well No.3 should be $3287.99 payable to Encomm.
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MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS
A (AS AMENDED) THROUGH G.
BOYLES: Briefly reviewed the items in the consent agenda.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
ITEMS REMOVED FROM CONSENT AGENDA: None.
PRESENTATIONS:
Kids Voting Minnesota (Dave Panetti, Hidden Oaks Middle School)
PANETTI: Discussed the Kids Voting Minnesota program, including increased awareness in civic
responsibility, politics, campaigns, ultimately increasing informed net voter turnout. Talked about
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Council Meeting Minutes
October 18. 1999
the community volunteer time involved, and election sponsorship. Noted the Savage-Prior Lake
School district is the only school in southern Minnesota currently implementing the program.
SCHENCK: Asked about the curriculum after the election.
PANETTI: There are some research materials available and a civics class curriculum, but no other
activity sponsored by the program other than preparing for the next year.
BOYLES: Noted that there is action scheduled to endorse the Kids Voting Minnesota program
under Old Business.
PUBLIC HEARINGS:
Public Hearing to Consider Approval of Resolution 99-108 Denying an Administrative
Subdivision and Variances for Mary Rixmann and John Bossardt on Properly Located at
15311 and 15329 Breezy Point Road.
MADER: Noted the procedure for the item, and declared the public hearing open.
TOVAR: Discussed the detailed proposal by Mary Rixmann and John Bossardt, including the
current conditions, hardship criteria, and the planning commission and staff recommendations in
connection with the staff report. Also indicated the variances necessary, and entered into the
public record the Thielbar letter.
MADER: Asked for clarification of the land at issue, and the proposed combination by the applicant.
Commented that in combining a portion of Lot 17 with either property, both properties would still be
nonconforming with respect to impervious surface. Believes the staff is technically correct in its
recommendation, but believes it would be unreasonable to deny the variance. Asked if it is
common sense to enforce a literal interpretation of the ordinance in this circumstance given that
the property would be reverting back to its original designation prior to 1992 and as long as it is
convenient for the two property owners, and doesn't change the impervious surface or buildable
status.
TOVAR: The ordinance is clear in its intent not to create additional nonconformities. There is no
hardship that would deny reasonable use of the property.
SCHENCK: Noted that he was uncomfortable reversing the action of the Council in 1992, and
shuffling variances at will.
TOVAR: Clarified that the variances requested would make the properties legal nonconforming lots
by definition of the current ordinance. Also noted that nothing would be developable by the transfer
of the land. Both lots are occupied by single family homes.
MARK SIMPSON (atty. for Mary Rixmann, 15311 Breezy Point Road): Indicated Ms. Rixmann would
retain the combined Lot 17 should the lot combination be approved. Also stated that approval of
the lot combination would not result in any additional building. Disagreed with the staff report which
indicates new nonconformities will be created by the lot combination. Both properties are
nonconforming as to impervious surface and lot size, and both would remain nonconforming if the
combination should take place. The property would remain unchanged. The hardship is that Mr.
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October 18. 1999
Bossardt bought the property with no intent in owning or maintaining the part of Lot 17 that he
owns.
SUSAN DETLEFFSON (realtor): Added that the intention from the beginning was for Mr. Bossardt to
reduce the amount of maintenance responsibilities along the lakeshore. The Rixmann's desire to
maintain this portion of Lot 17 as they do their own.
ROXANNE DOE BEL (15365 Breezy Point Road: Asked if additional docks could be installed if the lot
is combined. Concerned about additional parking on Breezy Point Road.
TOVAR: Answered that the number of docks is not limited, but mooring craft is limited to five
mooring craft per dwelling. The mooring craft could be located in front of either property.
MADER: Asked if the lots are combined, does it increase the number of mooring craft.
TOVAR: There is frontage for both lots. It would not increase the number of mooring craft.
ED DOE BEL (15365 Breezy Point Road): Also concerned about landscaping and parking of boats
along Breezy Point Road.
MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
WUELLNER: Concerned that Council action will "undo" previous Council action and set a precedent
for similar situations. Noted that the staff report states that the variances are contrary to the intent
of the ordinance.
SCHENCK: Asked Mr. Simpson if there is a private dispute with respect to part of this property, and
would Council action affect this matter.
SIMPSON: Advised that there is nothing filed of record at this point, but there is a disagreement with
the Rixmann's neighbor as to the property line along the other side of the portion of Lot 17
currently owned by the Rixmanns.
TOVAR: Noted that the neighbor on the other side of Lot 17 does not dispute the lot combination,
but rather the legal description of the property line abutting his property relating to property that
has been added above the 904 OHW. Council action may change the size of the properties we are
addressing tonight.
SCHENCK: The Thielbar letter indicated the combination could reduce congestion and provide an
answer to future parking.
DETLEFFSON: Added that the indication is that if Rixmann's took over the property, they would be
limited to a certain number of boats, and the Bossardt's would not be able to have more parking
and more people at the dock. The intention was that Rixmanns could provide the necessary
maintenance and Bossardt's didn't want to.
SIMPSON: It was the Rixmann's understanding that no additional docks or pavement for parking
would be added.
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October 18. 1999
SCHENCK: Concerned that intent changes with the landowner.
PETERSEN: Noted that if the current owner doesn't want to take care of it, it doesn't make a lot of
sense to make him maintain it.
KEDROWSKI: Pointed out that there is one conforming lot, and one nonconforming lot, and that
circumstance will not change. Does not see hardship or a significant reason to set aside the
ordinance other than one person wants to sell, and one person wants to buy.
MADER: Commented that ordinances are in place to manage development. Does not see the
practical purpose in imposing the ordinance now if there is no damage and no negative impact. In
favor of granting the administrative subdivision because it does not violate the integrity of our
ordinances.
KEDROWSKI: Asked the rationale for supporting the administrative subdivision because the Council
would need to define criteria in order to support its action with respective to future requests.
MADER: There is no damage to the public, and there is an indication by the property owners that a
hardship is present.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 99-108
DENYING AN ADMINISTRATIVE SUBDIVISION AND VARIANCES FOR MARY RIXMANN AND
JOHN BOSSARDT ON PROPERTY LOCATED AT 15311 AND 15329 BREEZY POINT ROAD.
SCHENCK: Asked if the private disagreement should be a consideration in voting on this action.
PACE: No.
WUELLNER: Reiterated that actions by previous Council's should not be reversed based upon
intent of the current property owners when the previous action was done for a specific purpose.
PETERSEN: Noted that the amount of impervious surface remains unchanged. Does not support the
motion.
WUELLNER: Clarified that the action impacts future requests and sets a precedent.
VOTE: Ayes by Kedrowski, Wuellner, and Schenck, Nay by Mader and Petersen, the motion
carried.
Public Hearing to Consider Approval of Resolution 99-XX Upholding the Decision of the
Planning Commission to Deny a Variance to Locate an Accessory Garage Building Between
the Front Building Wall and the Front Lot Line Instead of the Required Side Yard and Rear
Yard.
BOYLES: Noted that a revised staff agenda had been distributed. The only revision was that the
first two lines of the second page were incomplete. Also noted that the applicant's counsel had
provided a summary of their position which has become part of the public record.
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KANSIER: Reviewed the public hearing in connection with the staff report, and noted the specific
items at issue, the planning commission recommendation, and the legal alternative for Mr. Lind
which would allow a garage to be built.
MADER: Declared the public hearing open.
JIM BATES (counsel for William Lind): Noted the materials previously distributed to Council, and
introduced Mr. and Mrs. Lind. Believes that the house is clearly designed to stand alone, and an
attached garage would disrupt a view to the front of the house. Advised that the alternative to
attach the garage is not reasonable, and that just because a legal alternative is available, is not .
reason to deny the applicant's use of their property. There is demonstrated hardship with respect
collectively to costs, aesthetics, and drainage issues. The use proposed is reasonable and does
not disrupt the intent of the ordinance in this circumstance.
WILLIAM LIND (6082 150th Street): Noted that attaching the garage to the house on the east side
as recommended by the planning commission would also exaggerate the current water run-off
conditions which they are dealing with.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried.
MADER: Commented, while noting specific instances in the material submitted by Mr. Bates, that
Mr. Bates repeatedly implies that state statutes provide that if any use as determined by the
property owner is reasonable, then the City must grant the variance request. Added that if that was
an accurate interpretation, the City would not have zoning authority. Also noted that the state
legislature has been very clear that the Council has jurisdiction in such matters and are not
obligated to provide a variance for any use described as reasonable.. Believes that both the
planning commission and staff acted conscientiously in response to our ordinance. Does not feel
this is a unique situation that proposes a hardship. Despite disagreeing with Mr. Bates
interpretation of the City's authority, supports granting the variance because the ordinance needs
an amendment specifically in the shoreland district, where many garages are located in the front
yards and it is not practical to redesign existing structures to accommodate the ordinance.
Suggested directing staff to research possible ordinance amendments.
WUELLNER: Will not support the motion to deny. Indicated that he was concerned at the time the
zoning ordinance was drafted that it did not allow garages in front yards, especially with respect to
lake property. Noted that on lake property the front yards are the side that faces the lake. It is
reasonable to have garage structures in the "front" yard as defined in the ordinance. Would
support an ordinance amendment.
PACE: Clarified that in order to overturn the Planning Commission, the appropriate action would be
a motion to grant the variance and direct staff.
PETERSEN: Noted that the Council did discuss granting variances in such cases because the
ordinance cannot fit all properties. Would support an ordinance amendment for lakefront property.
KEDROWSKI: Also will support granting the variance and re-evaluating the current ordinance
provisions.
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October 18. 1999
SCHENCK: Asked on which side of the garage is the addition proposed.
LIND: Clarified that the request is to make a 10' extension to the east side of the garage, with a
concrete pad to the south.
KANSIER: Clarified that the survey provided in the staff report is consistent with the applicant's
earlier request for a building permit.
Mr. LIND confirmed.
MOTION BY MADER, SECOND BY KEDROWSKI TO GRANT THE VARIANCE REQUEST OF
WILLIAM LIND AND DIRECTING STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF
FACT FOR COUNCIL CONSIDERATION AT THE NOVEMBER 1,1999 MEETING.
KANSIER: Asketl for clarification that findings for granting the variance are that this is an
exceptionally deep lot, the lot has a lakeside front yard, there is a drainage issue, no danger to
public safety, and that there would be a significant impact to the house structure in order to add an
attached garage.
The Councilmembers concurred.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
MOTION BY MADER, SECOND BY WUELLNER TO REVIEW ZONING CODE SECTION
1102.800 SPECIFICALLY AS IT RELATES TO ALLOWING GARAGES IN FRONT YARDS.
MADER: Clarified that the direction would be for staff to not necessarily eliminate the provision, but
to define when it is and is not appropriate.
KANSIER: Suggested bringing several options to the Council in a Workshop setting prior to the
hearing process.
The Councilmembers agreed that would be the appropriate procedure.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
The Council took a brief recess.
OLD BUSINESS:
Consider Approval of Resolution 99-109 Endorsing the Kids Voting Minnesota program.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-109
ENDORSING THE KIDS VOTING MINNESOTA PROGRAM.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
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October 18. 1999
Consider Approval of Resolution 99-110 Authorizing Issuance of $1,025,000 in General
Obligation Improvement Bonds of 1999.
MATTSON: Gave a brief overview of the item in connection with the staff report. Noted that the City
has an A-2 rating and that they should move to an A-1 rating upcoming. Discussed interest rates
over the last 8-9 weeks and the marketing and the point of sale of the bonds. Recommended
approval of the resolution and sale of the bonds to Juran & Moody.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-110
AUTHORIZING ISSUANCE OF $1,025,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1999.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Resolution 99-111 and 99-112 Rescheduling Special Assessment
Hearing for City Project 99-11 Candy Cove/Lakeside Manor Improvements.
BOYLES: Advised of the staff recommendation to re-conduct the Special Assessment Hearing for
this project to November 1, 1999.
MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 99-111
DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT ROLL FOR PROJECT 99-11 CANDY COVEILAKESIDE MANOR
IMPROVEMENTS.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-112
ESTABLISHING NOVEMBER 1,1999 AS THE DATE OF THE ASSESSMENT HEARINGS FOR
PROJECT 99-11 CANDY COVEILAKESIDE MANOR IMPROVEMENTS.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of (1) Change Order #2 to the Contract for Reconstruction of Well House
#3, and (2) Final Payment to Encomm Midwest (City Project 97-03).
BOYLES: Discussed the action requested, the total financial impact and the reasons for the project
changes in connection with the staff report.
MOTION BY SCHENCK, SECOND BY WUELLNER, TO APPROVE CHANGE ORDER #2 TO
THE CONTRACT FOR RECONSTRUCTION OF WELL HOUSE #3 AND AUTHORIZING FINAL
PAYMENT TO ENCOMM MIDWEST (CITY PROJECT 97-03).
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Transfer of Cable Television Franchise Agreement and Franchise
Ordinance from Triax Cablevision to Mediacom LLC.
BOYLES: Gave a brief history of the proposed transfer in connection with the staff report.
Summarized the key provisions of the new agreement, including rebuild of the present system,
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October 18. 1999
providing $100,000 performance bond, $10,000 letter of credit, 15 year term, customer service and
system operation reports, one-time capital grant of $77,000, a public education per subscriber fee
to City for funding assistance, and a 5% franchise fee. Requested adoption of franchise
agreement, the franchise ordinance, both subject to the condition that the City be reimbursement
of attorney's fees, and approval to publish the ordinance in summary format.
MADER: Asked the benefit to the users for requiring the security funds.
BRIAN GROGAN (counsel for City on cable television): The City is allowed to impose a fee penalty
against the company to accrue on a daily basis, andlor force the company to issue a credit back to
the subscribers.
KEDROWSKI: What are the enforcement provisions for interruption of regular service.
GROGAN: There is a due process provision built into the document that allows the operator to cure
any alleged violation. If found noncompliant, the City is allowed to draw from the $10,000 letter of
credit security fund. Customer service, for example, would be in the form of a penalty of $150 per
day.
KEDROWSKI: If enforcement revolves around creating a record, how will staff document those
customer service concerns.
BOYLES: It has been written into the Franchise Agreement that the City can request customer
service reports from the company.
GROGAN: The Company must also maintain statistical phone response records that will document
the standards, which could be used as a basis for imposing a violation. Another avenue would be
for the City to create a log kept at City Hall documenting who, what and when.
KEDROWSKI: Wants the City to have a greater level of enforcing accountability by the cable
provider. Also concerned that when the City receives a subscriber fee to fund local cable TV, there
be a discussion regarding how the funds will be allocated and what role the City intends to take.
Suggested a workshop discussion.
WUELLNER: Asked why the specifications are not the same for the ordinance and the agreement.
Also asked if the cities ability to access the cable providers records is an exceptional requirement.
GROGAN: The two different documents is to ensure that any operator that comes to town has to
comply with a certain baseline set of minimum obligations. Anything unique regarding design,
access and support are addressed in the Franchise Agreement, which does incorporate the
ordinance by reference. The standards for customer service are federal standards.
PACE: Indicated that the Resolution should address the reimbursement of fees, and read the
specific language.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-113 AS
AMENDED APPROVING A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE
CITY OF PRIOR LAKE AND TRIAX MIDWEST ASSOCIATES, L.P.
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RICK FINCH (General Manager, Triax Cable): Noted that the pre-existing Franchise requires
payment of the transfer fees by Triax. Opposed to paying any professional fees for renewal.
Questioned why the approval would be conditional and restated.
PACE: Clarified that the language addition applied to the transfer only.
MADER: Noted that the reason for restating the reimbursement is that once the new agreement is
passed, the old agreement ceases to exist. If the language is included in the Resolution, it
eliminates any debate as to whether the old agreement applied.
FINCH: Argued that the transfer Resolution as passed would enforce the old franchise and Triax
would be obligated to pay. As long as the language is not inclusive of the fees associated with the
renewal, Triax would have no objection.
MADER: Asked if Mr. Finch can confirm that the agreement is acceptable to both Triax and
Mediacom.
ATTORNEY PACE re-read the specific language change to the Resolution, and submitted the
marked copy into the record.
FINCH: Confirmed.
Friendly amendment to accept the amendment to the Resolution was accepted by Kedrowski and
the second by Schenck.
VOTE ON MOTION TO ADOPT THE FRANCHISE AGREEMENT: Ayes by Mader, Kedrowski,
Petersen, Wuellner and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO ADOPT ORDINANCE 99-14 THE
CABLE TELEVISION REGULATORY ORDINANCE.
~: Noted that her concerns were discussed with Mr. Grogan on Friday. Asked for an update on
the status of those concerns.
GROGAN: Confirmed that all the concerns andlor changes had been made.
VOTE ON MOTION TO ADOPT THE CABLE ORDINANCE: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
BOYLES: Requested approval to publish the Cable Television Regulatory Ordinance in summary.
Consensus among the Council to waive the reading of the summary ordinance.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE SUMMARY PUBLICATION
OF THE CABLE TELEVISION REGULATORY ORDINANCE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
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MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO DIRECT STAFF TO SET A
WORKSHOP TO DISCUSS THE ALLOCATION OF REVENUE FROM LOCAL GOVERNMENT
SUBSCRIBER FEE AND INTENDED USE, IF ANY, FOR THE FUNDS.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
NEW BUSINESS:
Consider Approval of Resolution 99-114 Authorizing Participation in the NSP Energy
Financing Program and Authorizing the Mayor and City Manager to Execute Lease
Agreement and Contract.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-114 .
AUTHORIZING PARTICIPATION IN THE NSP ENERGY FINANCING PROGRAM AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE LEASE AGREEMENT AND
CONTRACT.
BOYLES: Reviewed the item in connection with the staff report and the merits of the NSP program.
Also clarified the financial savings, including sales tax. Noted that although the contract has not yet
been provided. the Resolution provides that the contract be approved by the City Attorney.
PETERSEN: Commented that this project is similar to projects in larger cities that he has had
favorable experiences with.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Ordinance 99-16 Approving a Zone Change to the R-1 District on
Property Located in Section 34, Township 114, Range 22.
MOTION BY SCHENCK, SECOND BY WUELLNER TO ADOPT ORDINANCE 99-16
APPROVING A ZONE CHANGE TO THE R-1 DISTRICT ON PROPERTY LOCATED IN
SECTION 34, TOWNSHIP 114, RANGE 22.
KEDROWSKI: Asked if it is appropriate given that this change was requested by the applicant, to
consider this item even though the applicant is not present, and considering that the property is
proposed for R-1 and R-2 was requested.
PACE: The item can be considered, unless the applicant has requested deferral. The applicant is
aware that the City needs to rezone property consistent with the Comprehensive Plan. Noted that
the precedent should be considered in deferring action on requests when the applicant or
petitioner is not present.
KANSIER: Clarified that Mr. Huemoeller was given notice and the staff report, and is well aware of
the staff recommendation.
MADER: Noted approval needs a 4/5th vote.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
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Consider Approval of Resolution 99-115 Authorizing Safe and Sober Communities Grant
Funding for the period of 10/1/99 through 9/30/00.
BOYLES: Advised that the program is operated cooperatively with the City of Savage, and asked
for authorization to continue participation and receipt of additional grant funding.
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-115
AUTHORIZING SAFE AND SOBER COMMUNITIES GRANT FUNDING FOR THE PERIOD OF
10/1/99 THROUGH 9/30/00.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
OTHER BUSINESS: NONE.
A motion to adjourn was made, seconded and accepted.
City Manager
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