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HomeMy WebLinkAboutAgenda & Minutes 2, ~.'r ~O NO EDA MEETING PUBLIC FORUM - 7PM REGULAR COUNCil MEETING AGENDA Date: September 20, 1999 1, CALL TO ORDER and PLEDGE OF AllEGIANCE: ......................... 7:30 p.m, APPROVAL OF AGENDA: CONSIDER APPROVAL OF SEPTEMBER 7,1999 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. 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, 5. 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 Fire Call Report F) Consider Approval of Election Judge Appointments for 1999 General Election, G) Consider Approval of Resolution 99-"nitiating the Vacation of a Portion Roadway Easement for Pike Lake Trail Adj~nt to Knob Hill 2nd Addition, ITEMS REMOVED FROM CONSENT AGENDA. '" PRESENTATIONS: None. 4) . ,s(Ar(~~ 1-(1.' It", C1itf, Y PUBLIC HEARINGS: '1~.. c:J" UYlet @ 2.0 A) Public Hearing to Consider Approval of Resolution 99~ Ordering the 2000 sf, "-', II Improvement Projects and Preparation of Plans and Specifications Therefore, . of a 6. 7. 8. OLD BUSINESS: A) Consider Approval of Change Order #1 to the Contract for 1999 Improvement Project 99-02, B) Consider Approval of Resolution 99-~A~roving the Final Plat and Development ) Contract for Knob Hl" 4t~ AdQitJon. '::11 C. \. ~~., f~k....t.JJ"" 14,"~ AlA". __ ~~ _ ~~ NEW BUSINESS: q, A) Consider Approval of Resolution 99-)0( Authorizing Negotiated Sale of $1,025,000 in General Obligation Improvement Bonds of 1999. 100 B) Consider Approval of Resolution 99-~Approving an Amendment to the Wilds PUD Creating a Standard 10' Sideyard Setback for Single Family Dwellings. C) Consider Approval of Resolution 99-~pproving the Purchase of one Generator Set. l~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-tQ4 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9, 10. OTHER BUSINESS. 11. ANNOUNCEMENTS/CORRESPONDENCE. 12. ADJOURNMENT. 092099.DOC REGULAR COUNCil MEETING MINUTES Date: September 7, 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, Assistant City Manager Woodson, City Engineer IIkka, Assistant City Engineer McDermott, Planning Director Rye, Planning Coordinator HKansier, Finance Director Teschner, Parks and Recreation Director Hokeness and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ~ CONSIDER APPROVAL OF AUGUST 16.1999 MEETING MINUTES: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE AUGUST 16,1999 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 Ordinance 99-XX Pertaining to Individual Septic Treatment Systems in the City of Prior Lake. C) Consider Approval of Resolution 99-XX Authorizing OSM & Associates to Provide Construction Observation Services for Developer Installed Improvements. D) Consider Approval of Resolution 99-82 Approving Plans and Specifications for Brooksville Hills 6th Addition Drainage Improvement Project 99-15 and Authorizing Advertisement for Bids. E) Consider Approval of Resolution 99-83 Setting Parking Restrictions on Duluth Avenue and Pleasant Street in the Vicinity of St. Michael's School. KEDROWSKI: Proposed removing Item (B) Consider Approval of Ordinance 99-XX Pertaining to Individual Septic Treatment Systems in the City of Prior Lake.. MADER: Proposed removing Item (C) Consider Approval of Resolution 99-XX Authorizing OSM & Associates to Provide Construction Observation Services for Developer Installed Improvements. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE CONSENT AGENDA ITEMS A, D AND E. BOYLES: Briefly reviewed the remaining Consent Agenda Items. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 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 September 7. 1999 ITEMS REMOVED FROM CONSENT AGENDA: Consider Approval of Ordinance 99-XX Pertaining to Individual Septic Treatment Systems in the City of Prior Lake. KEDROWSKI: Asked that staff bring this item back to the Council at a later date to discuss the guidelines and how enforcement will be handled at the Council level in dealing with septic and well issues. Not currently comfortable with the County enforcement standards based upon his information from the Orderly Annexation planning board. BOYLES: The intent of the Ordinance amendment is to avoid having both the City and the County duplicating the same service. The intent is to have the County assume those responsibilities, Suggested having a County representative respond to enforcement concerns. KEDROWSKI: Clarified that the County has enforcement authority by state statute, but the City's current ordinance supersedes that authority. - WUELLNER: Asked if the City can have standards more stringent than state statutes. RYE: Answered that the City is well within its authority to adopt more stringent standards in this case. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THIS ISSUE TO ALLOW FOR A COUNTY REPRESENTATIVE TO BE PRESENT TO ADDRESS THE ISSUE OF GUIDELINES AND ENFORCEMENT STANDARDS. BOYLES: Asked staff if a delay to the Ordinance amendment affects any other timeline. KANSIER: Noted that the Ordinance amendment could be an issue that affects the timing for approval of our Comprehensive Plan since the City is required by state rules and PCA rules to have a compliance and inspection program in place. If the Ordinance remains in place, the City continues to be responsible for the program. KEDROWSKI: Advised that the intent is not to deny the amendment, but to get clarification on the enforcement standards from the County, because of the current standards applied in the surrounding townships. KEDROWSKI and SCHENCK amended the motion to direct the staff to request that the County representative be present at the September 20th regular meeting. VOTE ON MOTION AS AMENDED: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-84 Authorizing OSM & Associates to Provide Construction Observation Services for Developer Installed Improvements. MADER: Concerned that the decision to select OSM & Associates to provide these services is net the lowest bidder. Asked staff for clarification. 090799.DOC 2 .": :. _.' l~""'.; ~ . '. .....1~,... ~''1I111Jl1~ -. \.'1 -i.f-,tl'i"'....-.. .,.'.'1'" Council Meeting Minutes September 7. 1999 ll..KKA: Noted the specific guidelines of the qualifications-based selection process used by staff in making the determination. Also advised that the bid ranges where $53.00 to $70.00 per hour, but that construction observation is considered a professional service and under state statute is not required to be competitively bid, and the City is not obligated to use the lowest bid. MADER: Commented that there was a significant range in the bids submitted, and that he presumed that the lowest bidder did not meet the qualifications-based criteria established for the interview process. l.LKKA: Confirmed. BOYLES: Reviewed the experience of OSM & Associates, and why the firm was recommended by staff. MADER: Asked staff if its impression was that the ultimate costs to the City when the job is finished would be less than if the City had chosen the lowest bidder. .lJ..KKA: Confirmed. MOTION BY MADER, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-84 AUTHORIZING OSM & ASSOCIATES TO PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR DEVELOPER INSTALLED IMPROVEMENTS. SCHENCK: Asked how many hours are projected for construction observation, and as a cost- savings benefit, would it be beneficial to consider a full-time staff person. BOYLES: The staff does not determine a pre-set number of hours. OSM is expected to be on-site when the critical phases of the work is underway to make sure that City standards are met. lLKKA: The purpose is to conduct construction observation of new development. The number of new subdivisions can not be projected with any regularity because development activity is driven by the economy. Construction observation services are funded in whole by development fees. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. PRESENTATIONS: NONE. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of Resolution 99-85 Accepting Bids and Awarding Contract for Fish Point Park Channel Stabilization (City Project 98-12). BOYLES: Gave a brief overview of the project and its funding in connection with the staff report. 090799.DOC 3 Council Meeting Minutes September 7. 1999 '" MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-85 ACCEPTING BIDS AND AWARDING CONTRACT FOR FISH POINT PARK CHANNEL STABILIZATION (CITY PROJECT 98-12). VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Resolution 99-86 Certifying Proposed 2000 City of Prior Lake Tax Levy to Scott County Department of Taxation. BOYLES: Reviewed the action of certifying the City's levy at this time, and further gave an overview of the preliminary levy proposed for approval. Also noted that the levy approved tonight allows for inclusion of additional options discussed at the Workshop, including the additional police officer position, and can only be reduced before City Council final approval on December 20, 1999. The levy cannot be increased. Further noted the dates for the next Budget workshop and the Truth-in- Taxation hearing. TESCHNER: Clarified that the reason the EDA and General Fund Budget levies are separate is because it is required by law, similar to how one would view a levy by the school district or the County. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-86 CERTIFYING PROPOSED 2000 CITY OF PRIOR LAKE TAX lEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. KEDROWSKI: Supports the resolution as submitted. Commended City Manager Boyles and Finance Director Teschner for the estimated reduction of 1.75% to the City property taxes. Commented that compared to our neighboring communities this speaks volumes for the effort of staff to maintain City services and keep costs down. PETERSEN: Agrees with Councilmember Kedrowski that staff has done an excellent job in keeping costs down and supports the resolution. WUELLNER: Supports the resolution and believes the Council and staff have been judicious in how taxpayer money has been spent and the level of services provided. SCHENCK: Asked for clarification of the percentages in the staff report for the operating budget increase and its comparison to the property tax levy decrease. TESCHNER: Clarified the difference between the budgetary increase in dollars of expenditures which is different than the property tax levy. The percentage decrease in the City property tax factors in estimated new market value growth payable in 2000 to get to the bottom line as to how the tax impact is on the property taxpayer. Property tax dollars, property tax levy and budget are three distinct numbers. The percentages are provided for summation only. The County is looking for the $7,326,610 amount. . SCHENCK: Supports the motion. 090799.DOC 4 , ~ ill ,fA '. --,._...,..~.~- -....Aill_ ... ;Ij f i\ .~ ii:.d"- ,.,..- _ .. tl,~ Council Meeting Minutes September 7. 1999 MADER: Does not support the motion. In each budget presented over the past four years, the City's financial statements have shown a surplus, which means that taxpayers are overtaxed. The surplus ~ then pulled out of the General Fund and put where the City can use them for special 5 ( F projects~ased on an article from the Prior Lake American, Prior Lake's tax rate is 69% higher fo,e., " ~f .( the average home as compared to Savage. The average property value in Prior Lake is 30% t\ C1~ highe~Feels that the City can do better than the 4% reduction because of the reduction in debt ~. I service earlier this year. Applauded the staff for the budget proposed at the Workshop, but the proposed budget has since changed. Also noted that when asked at the Workshop, the Chief of Police stated that he was comfortable that the current level of service could be maintained without additional staff. Further discussed the property tax levy as compared to the proposed budget at the first Workshop, and how the budget proposed at the Workshop compares to the actual dollars in the currently proposed budget. Did not plan to support the resolution. KEDROWSKI: Discussed last year's surplus of $400,000 - $245,000 of which was a direct result of storm damage from last summer, which leaves $193,000 in surplus. Also discussed the responsible use of FEMA funds and remaining surplus dollars, including retirement of long-term debt, equipment replacement fund contribution due to depreciation, collector street fund for improvement projects, and a auditor recommended 30% general fund reserve. Further noted that Shakopee has a 50% commercial tax base and Savage is pushing a 60% business tax base, in comparison to Prior Lake that has a 92% residential base, which is the reason Prior Lake homeowners suffer the brunt of the tax bill, and why there is a discrepancy in the per household costs. The EDA levy and the additional police officer are matters still up for discussion. Also discussed community growth and the City budget over the last two years, TESCHNER: Added that the Council philosophy over the last few years has been to sustain the operating budget through new development, so there would be no increase in property taxes as far as a net increase on the existing residential homes in the community. Also noted that the City had a very significant transit levy increase of approximately $80,000, and even though it is indicated on the tax statement as a separate levy, for the purposes of the City's operating budget and analyzing the Mayor's numbers, the transit levy increase amounts to almost $80,000, which is 1.5% of the 6% budget increase indicated by the Mayor. The additional dollars was absorbed by growth and the taxpayers did not feel that burden in their tax bill from the City's portion. MADER: Reminded the Council that the City has always carried a substantial surplus above our estimated amount. There were also substantial costs associated with the storm clean-up and had the City not had storm clean-up costs, City surpluses would have been higher. KEDROWSKI: The FEMA and insurance funds are not budgeted and not surplus, The reason Prior Lake has had a surplus over the last few years is because staff conservatively estimated building permit revenue. TESCHNER: Clarified that because of the elasticity of building permit revenue, the City budgets a flat percentage. Over the last few years, the City has experienced a large revenue from building permit activity. The Council at staff recommendation also appropriated surpluses to other funds for projects such as the Highway 13 improvement projects which are large projects in order to decrease the future tax burden. Those types of items do have a significant payback to the taxpayers over the long-term. 090799.DOC 5 ._J Council Meeting Minutes September 7. 1999 MADER: Stated that the Council needs to be realistic, and that taxing extra now in order to save in the long-term is debatable. It is also his understanding from staff that citizens can expect an even higher increase in 2001. VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried. Consider Approval of Resolution 99-87 Certifying Levy Under Minnesota Statutes 469.033 for Downtown Redevelopment for the Prior Lake Economic Development Authority. BOYLES: Reviewed the statute under which the Economic Development Authority can authorize a tax levy, to be approved by the City Council, for the Downtown Redevelopment project. The intent is to include the amount in the preliminary levy and allow the Council further opportunity to discuss and/or modify the levy amount. The issues for the Council are two-fold. First, does the Council wish to preserve the opportunity to discuss a possible EDA levy, and secondly, how do you want the process to work (Le.shound a public hearing by held?). MOTION BY SCHENCK, SECOND BY KEDROWSKI TO ADOPT RESOLUTION 99-87 AUTHORIZING PRELIMINARY APPROVAL OF THE LEVY UNDER MINNESOTA STATUTES 469.033 FOR DOWNTOWN REDEVELOPMENT FOR THE PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY. SCHENCK: Discussed previous attempts to revitalize downtown Prior lake and that those proposals failed primarily due to the lack of funding. Feels it is important for the City. Supports the motion. WUELLNER: Advised that part of the operating budget does cover EDA staffing, but this levy would be only for redevelopment of downtown. Believes this is yet another building block in the City's attempt to revitalize downtown and that this levy is a good opportunity to make the EDA more visible and accountable for action in the downtown redevelopment. Supports the investment. PETERSEN: Has attended many of the downtown redevelopment meetings and business owners have voiced their support of the project. Stated he would welcome additional input by the residential community, but supports the motion at this point. KEDROWSKI: Even though a truth-in-taxation public hearing is not required by law, offered a friendly amendment to the motion to include a public hearing following the truth-in-taxation hearing on December 6,1999. Councilmember SCHENCK accepted the friendly amendment. TESCHNER: Advised that the same truth-in-taxation provisions do not applied to the EDA levy once the initial levy has gone to the County. This action would be independent of the requirements under the law. BOYLES: Clarified that the final action on the levy will be the EDA certifying the levy, but to do so, the EDA must have a City Council resolution agreeing to the levy. KEDROWSKI: Requested that the Mayor call the question. 090799.DOC 6 -"'.:Ill.'''_ ._,_. "" .~'_f--~.,;;f" "~!',: l"JI' '. _""""I'f._...-"..,f!'r'"""IIpIff' ,......."."r.. fl ~ ':'1't';...,.."... ......... _.,.,""""''''. .,' 'JIIlIIIl 'qI'" .,.... ... Council Meeting Minutes September 7. 1999 MADER: Believed that Councilmember Kedrowski's motion to hold a public hearing is appropriate. VOTE ON AMENDED RESOLUTION WHICH WOULD SET A PUBLIC HEARING: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. KEDROWSKI: Noted that less than 1 % of the City's General Fund budget is actually spent on economic development and diversifying the tax base within the City. Commented that the downtown isn't meant to bring others to Prior Lake, but rather to provide a viable market place for the convenience and enjoyment of our citizens. This action will set the standard. BOYLES: Advised that further revision to the Resolution is appropriate. ~: Noted specific language amendments to the Resolution. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE THE AMENDED RESOLUTION, MADER: Does not support the action because (1) there has been no indication of need or clearly defined tangible benefit to the taxpayers, and this is not likely to be a one-time tax. Expenditures by the EDA have shown no benefit in the past; (2) The City already collects too much tax as noted by the City's accumulated surplus; (3) inappropriate to initiate a new tax levy without public opportunity for discussion. Believes that the statute used by the staff provides a legal loophole through which a public hearing is not required. Supports the use of tax dollars for the redevelopment of downtown, but only when the Council demonstrates that the net impact does not increase the tax burden and further demonstrates a willingness to reduce surpluses. Commented that the recent City survey results are subject to interpretation and cited several specific results. KEDROWSKI: In response to the Mayor's comments, stated that the EDA has come from ground zero in order to get the groundwork in place so that it can undertake projects of this scope. With respect to the City surplus, reiterated that most of the surplus is due directly to the conservative budgeting by staff, and that Council policy has supported that action. The City is in a good financial position. Noted that he has always supported broadening the City's tax base to lessen the burden to individual homeowners. Believes the limited tax base is the single driving factor hindering the community in terms of its tax burden. VOTE: Ayes by Kedrowski, Petersen, Wuellner and Schenck, Nay by Mader, the motion carried. The Council took a brief recess. Consider Approval of the following Resolutions: (1) Resolution 99-88 and 99-89 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Rolls for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements, and (2) Resolution 99-90 and 99- 91 Establishing the Date of the Assessment Hearings for Project 99-11 Candy Cove/Lakeside Manor Improvements and Project 99-13 North Shore Oaks 1st Addition Sanitary Sewer and Water Service Improvements. 090799.DOC 7 Council Meeting Minutes September 7. 1999 BOYLES: Reviewed the actions requested by staff in connection with the staff report and clarified that four separate actions would be appropriate. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO ADOPT RESOLUTION 99-88 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLLS FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-89 FOR PROJECT 99-13 NORTH SHORE OAKS 1ST ADDITION SANITARY SEWER AND WATER SERVICE IMPROVEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-90 ESTABLISHING THE DATE OF OCTOBER 4, 1999 AS THE DATE OF THE ASSESSMENT HEARING FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-91 ESTABLISHING THE DATE OF THE ASSESSMENT HEARING AS OCTOBER 4, 1999 FOR PROJECT 99-13 NORTH SHORE OAKS 1ST ADDITION SANITARY SEWER AND WATER SERVICE IMPROVEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Ordinance 99-11 Relating to the Regulation of Off-Road Motorcycles. MADER: Gave a brief history of the action in connection with the City's regulation of off-road motorcycles in residential areas. BOYLES: Added that the initial moratorium included regulation of a broader range of off-road vehicles. The proposed ordinance before the Council would regulate only competition motorcycles within 1000 feet of residential property and is intended to protect the peace and tranquillity of residents. MOTION BY SCHENCK, SECOND BY WUELLNER TO ADOPT ORDINANCE 99-11 RELATING TO THE REGULATION OF OFF-ROAD MOTORCYCLES. MADER: Asked if off-road motorbikes are exempted in the proposed ordinance. .BYE: Street bikes and off-road bikes are not regulated and are excluded from this ordinance because they are street legal by the standards of the federal noise rules. The key issue here is the noise standard which is under the umbrella of federal standards. MADER: Supports the motion. Commended staff on their efforts to propose regulation under the federal rules in order to enforce the provisions of the ordinance. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 090799.DOC 8 ..:H_" ""-lJ:.rIt:lI!!f.i5F!5.i!l'5l:1;'~;1-,' f -~ T:r"!r:,...t _..~~J '-';;r"'''~~:'''';''F' ~ 7' ;::" ::"__.~_J.:.j'll'!i:?~-n:::l.._:__ T ~ ~ ! ._~ Council Meeting Minutes September 7. 1999 Consider Approval of Ordinance 99-XX Approving an Amendment to the Zoning Ordinance Relating to the Requirements for Replacement Decks and to Setback Requirements for Residential Driveways. Mayor MADER requested addressing the two issues of the amendment separately. MOTION BY MADER, SECOND BY KEDROWSKI TO ADOPT ORDINANCE 99-12 AMENDING THE ZONING ORDINANCE SECTION 1101.503 AS PROPOSED BY STAFF. WUELLNER: Commented that his recollection was that the intent was to make the process easier for replacing decks where there was no question as to its compliance with setbacks or there was a different jurisdiction or different set of rules at the time, but not that we would allow a non- conforming deck to be replaced without meeting criteria. MADER: Clarified that the language does not allow existing decks to be replaced that encroach easements or property lines. WUELLNER: Proposed amending the Resolution to add replacement of decks "that lawfully existed" at the time they were built. BYE: Commented that often records are not available and establishing whether a deck lawfully existed at the time may be difficult. fAC.E.: Added that the alternative would be that if records were not available, you could establish a policy that assumes it either was lawful at the time, or was not lawful. MADER: Concerned that the staff would be in the position of making arbitrary decisions if such a policy were implemented. Supported the Ordinance as submitted. KEDROWSKI: Questioned why screened in decks are excluded from the ordinance amendment. RYE: This is the language from the old zoning ordinance. The question with screened-in porches becomes where you draw the line and is a policy issue. WUELLNER: Added that a deck is not impervious surface and screened-in porches would be and typically have a roof. MADER: Suggested approving the Ordinance as submitted, rather than having two separate standards that apply based on whether or not the property is lakeshore. The intent was to bring overall consistency. WUELLNER: Decided to support the motion as proposed based upon the Mayor's comments. SCHENCK: Commented that Council member Wuellner had a valid point. BOYLES: Clarified that with every ordinance there is opportunity for potential abuse. The intent here was to provide consistent standards across all classes. 090799.DOC 9 Council Meeting Minutes September 7. 1999 WUELLNER: Commented that his concern is that the Council thoroughly think through amendments to an ordinance that the staff, Council and Planning Commission spent two years putting in place. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. KEDROWSKI: Asked that the policy issue of whether or not screened in decks that do not have a roof are considered to be impervious surfaces and whether those types of potentially temporary structures are subject to this ordinance. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO RETURN THE ISSUE OF SCREENED- IN DECKS AND IMPERVIOUS SURFACES TO THE PLANNING COMMISSION FOR FURTHER . REVIEW. MADER: Does not support the motion. VOTE: Ayes by Kedrowski, Wuellner and Schenck, Nayes by Mader and Petersen, the motion carried. MOTION BY MADER, SECOND BY SCHENCK TO ADOPT ORDINANCE 99-XX AMENDING SECTION 1101.205 OF THE PRIOR LAKE CITY CODE ADDRESSING DRIVEWAY SETBACKS ON MINIMUM STANDARD LOTS AS PROPOSED. MADER: Concerned that the City is opening the door to say anything goes as long as there is no interference with an existing easement and if the City Engineer approves. There is no defined criteria established. l.LKKA: Commented that staff would have a lot of latitude that could create inconsistency. .BYE: The process is similar to that for building permits where elements of judgment are involved, the only difference is the building permit process has specific criteria. MADER: Does not support the motion without some specific criteria. BOYLES: Suggested directing the Development Review Committee to review the Ordinance for specific criteria. SCHENCK: Asked what happens if the Ordinance is not approved. MADER: Clarified that an ordinance is currently in place. The proposed amendment addresses unusual circumstances. RYE: When this was discussed at the staff level, the conclusion was that criteria were difficult to put on paper. VOTE: Ayes by Kedrowski, Petersen and Wuellner, Nay by Mader and Schenck, the motion failed. 090799.DOC 10 .... - ~1i~i,.jj;jL-t~ '... JI .. ~_,",."",- ..It ~.~~-- _"__01 Council Meeting Minutes September 7. 1999 MOTION BY MADER, SECOND BY SCHENCK, TO DIRECT STAFF TO READDRESS THE ISSUE OF ALLOWING ALTERNATIVE DRIVEWAY SETBACKS ON MINIMUM STANDARD lOTS IN ORDER TO DEFINE SPECIFIC CRITERIA. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-92 Authorizing the Mayor and City Manager to Execute a Lease Agreement for Operation of the Prior Lake Library/Resource Center Coffee Shop. BOYLES: Reviewed the action requested by staff in connection with the staff report. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-92 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A lEASE AGREEMENT FOR OPERATION OF THE PRIOR lAKE LIBRARY/RESOURCE CENTER COFFEE SHOP. MADER: Asked how the monthly rental was determined since it was not indicated in the bid package. BOYLES: Answered that the rental rate was based on about $20 per square foot. MADER: Understood that the coffee shop would produce $40,000 in revenue for the City. Asked if the City had changed its initial direction. HOKENESS: Advised that the figures referred to in earlier discussions were based on the Roseville operation that is much larger than what the City has available. If the coffee shop is not profitable, it is the intent that the operation would be discontinued. MADER: Suggested not misleading the taxpayers that this is going to be a profit-making venture for the City, but will support the motion. HOKENESS: The staff's approach was to not bring in a major chain in order to maintain the small town community connection. KEDROWSKI: Recalled that the indication was that the Resource Center and Coffee shop would cover the operating costs of the facility, but not capital costs. HOKENESS: That's correct. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-93 Approving Change Order #1 for Ingram Excavating, Inc. and the Transfer of Funds from the Trunk Reserve Fund and the Storm Water Utility Fund to the Parks and Library Referendum Fund. BOYLES: Briefly reviewed the changes in the project which have resulted in the change order request in connection with the staff report. 090799.DOC 11 .J Council Meeting Minutes September 7. 1999 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPT RESOLUTION 99-93 APPROVING CHANGE ORDER #1 FOR INGRAM EXCAVATING INC. AND THE TRANSFER OF FUNDS FROM THE TRUNK RESERVE FUND AND THE STORM WATER UTILITY FUND TO THE PARKS AND LIBRARY REFERENDUM FUND. WUELLNER: Questioned that if the City does its own work, does the Contract have a provision which credits back to the City for such work, and will the City get an additional deduct for screening. HOKENESS: The Contract does have that provision, and about a $15,000 deduct is expected for the screening. SCHENCK: The overage is actual $1,089.00 for water quality. HOKENESS: That is correct. MADER: Commented that it was his understanding that there was adequate money available in the Referendum or Capital Park fund to support the development, but will support the motion. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ANNOUNCEMENTS AND OTHER BUSINESS: BOYLES: Advised that even though earlier indications were that the Fire Department Tanker Truck would be removed from service, the tank has been repaired and can remain in service for the time being. Also noted that the estimates for lighting of entry monuments is higher than estimated and is not currently budgeted. Indicated that in the absence of Council direction to the contrary, lighting would occur on a case by case basis. There was discussion among the Councilmembers as to start time for the next meeting due to the Community Fall Fest. The meeting will begin as scheduled at 7:30pm. Executive Session to Discuss Pending Litigation. MADER: Advised that the Council would retire to Executive Session to discuss the Hagen litigation. The meeting recessed at 10:28pm. The regular meeting resumed at 10:50pm. MADER: Advised that no action by the Council was necessary at this time in connection with the Hagen litigation. City Manage 090799.00C 12 "' ,~+ ",,,",llIllil.'O: __ .7t "'iIi'" .,;;~....-,;:..t+;.i,'31'lj"""~II~.'~1 '~ ;W. :..$''4';,Ilt;~I'._,__ , ~.... .f~! '- CORRECTION IN MINUTES FOR SEP. 7, 1999 MEETING Replace the two sentences beginning with "Based upon an article from the Prior Lake American ....." with the following two sentences. Based upon an article from the Prior Lake American, Prior Lake's tax rate is 69 percent higher than Savage and 80 percent higher than for Shakopee for homes of equal value. Because the average home value in Prior Lake is 30 percent higher than for Shakopee, the average homeowner in Prior Lake pays even more, or about twice as much as a homeowner in Shakopee. 'j! "".- ~':~" \,/; ,'If'!!II ,,_'. - .. . .. i!lll!i .',- - .:1.'. ...... ,'..