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5:30 -7:00 p.m., City Council Workshop on
Draft 1998-2002 Capital Improvement Program
7:00 p.m. - Executive ~ession to Discuss Pending Litigation
REGULAR COUNCIL MEETING AGENDA
Date: May 5, 1997
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1. CALL TO ORDER................................................................................ 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
4. CONSENT AGENDA:
A. Consider Approval oflnvoices to be Paid.
B. Consider Approval of a Temporary 3.2 Liquor License for the Prior Lake Jays /
Mudcats for the 1997 Baseball Season.
C. Consider Approval of Massage Therapy License for Rochelle Seewald.
D. Consider Approval Resolution 97-Jq<,AuJhorizing Renewal of Two Electric Service
Agreements For Peak Controlled Tiered SerVices, Northern States Power Company.
E. Consider Approval of Resolution J)'];)Q{ Authorizing the Preparation of Plans and
Specifications for Trails and Basketbaie Courts Identified in the 1997 Capital
Improvement Program.
F. Consider Approval of Ordinance 97-XX Amending Chapter 3, "Public Water",
Section 9-3-4 (D) Regarding High Water Slow No Wake
5. PRESENTATIONS:
A. Annual Report from the Prior Lake / Spring Lake Watershed District from President
Dave Moran.
6. PUBLIC HEARINGS:
A.
B.
Annual Board of Review Hearing - County Assessor Leroy Arnoldi.
,Consider Administrative Land Division with Variance Request for Gilbert and Joann
( Andersof?~.Property Located at 16126 and 16122 Lakeside Avenue.
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7. OLD BUSINESS:
16~gle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and
Structure Setback from the Ordinary High Water (OHW) Level within the Shoreland
District from 75 feet to 50 feet.
8. NEW BUSINESS:
A. Consider Approval of Abbreviated Developers Agreement with Frauenshuh for Park
Nicollet Clinic Project.
B. Consider Approval of Resolution 9+..** Approving the Final Plat for Cardinal
Ridge 5th Addition. I" '"
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C. Consider Approval of Resolution 97-XX Ratifying a 1997-1999 Collective
Bargaining Agreement between the City of Prior Lake and Teamsters Representing
Police Sergeants.
D. Consider Approval of Resolution 9'7-XX Adopting Revisions to City Council
Bylaws Regarding:
1) Public Hearings
2) Consent Agenda
E. Consider Approval of Report from Subcommittee on City Manager Performance
Evaluation for January 1, 1996 - January 1, 1997.
9. OTHER BUSINESS:
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
SS97.DOC
REGULAR CITY COUNCIL MEETING MINUTES
. Date: April 21, 1997
1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were:
Mayor Andren, Councilmembers Mader and Schenck, City Attorneys Pace and Brokl, City
Manager Boyles, Assistant City Manager Tremere, Parks and Recreation Director Hokeness,
Public Works Director Ilkka, Public Works Supervisor Hartman, Fire Chief Chromy, and
Recording Secretary Oden. Councilmember Kedrowski arrived at 8:00 p.m.
2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed
everyone to the meeting.
. Mayor Andren noted that everyone had copies of the revised minutes for the April 7, 1997
Council Meeting. She said there was a number of items that were requested to be removed
from the Agenda. The first item, under PRESENT A TIONS, item 5A) Annual Prior Lake /
Spring Lake Watershed District Report, was removed because Mr. Moran was unable to
attend; under NEW BUSINESS, item 8A)3 Consider Approval of Resolution 97-AX
ratifying 1997 - 1999 Labor Agreement Between City of Prior Lake and (Law Enforcement
Employees) Teamsters Representing Sergeants was removed; also under NEW BUSINESS
item 8C) Consider Approval of Resolution 97-AX Extending Recording Time for the Final
Plat of "Wilderness Ponds Second Addition" was removed by the request of the petitioner,
and under OTHER BUSINESS, 9A) Executive Session to Discuss Pending Litigation, was
removed.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
. Mayor Andren asked that City Manager Boyles review the revisions to the previous meeting
minutes.
. City Manager Boyles said the revisions to the original minutes of the April 7, 1997 City
Council Meeting (sent in agenda packet) were shown in bold italics. On page 1, item 3B)
Consider Approval of Previous Meeting Minutes for March 17, the agenda item and title of
the changes being referred to were added for posterity purposes. On page 5) the 8th bullet
(which should actually be moved to page 4 under the third bullet) item 6A) Public Hearing
to Consider Approval of Resolution 97-23 Approving the Formation of Tax Increment
Financing District 2-8 .."said that Mr. Anderson would construct a 12,000 square foot
building and pay just over $71,000. The City will use those proceeds along with Tax
Increment Financing revenues which are generated by the 12,000 square foot building to
reimburse the City and EDA costs for land acquisition, improvements and infrastructure for
Waterfront Passage. "On page 13) under item 7B) Consider Approval of Ordinance 97-26
Rezoning Property from the A-I (Agricultural) District to the R-l (Suburban Residential)
16~D~&iagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42~5
AN EQUAL OPPORTUNITY EMPLOYER
District for "Windstar Addition", there were some motions out of sequence. This simply
put things in their proper order and refers to what question was being called.
. Councilmember Schenck said that on page 13, under item 7B), fourth bullet down, the
sentence about restricted covenants should be removed, because he did not say anything
about restricted covenants.
MOTION BY SCHENCK, SECOND BY MADER TO APPROVE THE COUNCIL
MINUTES OF THE APRIL 7, 1997 MEETING AS REVISED.
Upon a vote, ayes by Andren, Mader, and Schenck, the motion carried.
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval ofPirst Quarter Budget Report and Overview.
D. Consider Approval ofPirst Quarter Investment Report Summary.
E. Consider Approval of Animal Warden Report for March, 1997.
F. Consider Approval ofPire Call Report for March, 1997.
MOTION BY SCHENCK, SECOND BY MADER TO APPROVE THE CONSENT
AGENDA ITEMS A- F AS SUBMITTED.
Upon a vote, ayes by Andren, Mader, and Schenck, the motion carried.
5. PRESENTATIONS:
A. Annual Prior Lake / Spring Lake Watershed District Report - President Dave Moran
. This item was removed from the agenda.
6. PUBLIC HEARINGS:
A. There are no Public Hearings.
7. OLD BUSINESS:
A. Consider Approval of a Report Regarding a Request by Todd and Deborah Batdorf
for Median Removal.
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City Manager Boyles reviewed item 7 A of the April 21 City Council meeting. He said Mr.
and Mrs. Batdorf attended a previous Council forum. They wrote a letter dated P ebruary 18,
expressing concern about a median which was installed in front of their house. As a result
of this concern, City Manager Boyles asked that Public Works Director Ilkka to review
where other such medians existed, what kinds of conditions existed there, and what action, if
any should be taken to correct problems identified. Public Works Director Ilkka found such
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medians on Willowwood Street and on Coach Lane in Carriage Hills development. The
Public Works Department has suggested two steps. The first is that they remove, modify or
shorten the three existing medians. In the case of the Batdorf s, Public Works is
recommending removal, and in the case of the others, they are recommending shortening the
median. Second, so that this doesn't happen again, the Public Works Department is
recommending that the City review the design requirements so that the City does not get into
this kind of situation again. TJ1e cost of removal of the median is estimated at about $1,000,
which will come from the street budget, and there will be modifications to the other two,
which will be about $1,000 apiece. The recommendation of staff is that the median be
removed on Willowwood and shortened in the other two locations.
. Mayor Andren, said staff is also going attend to future subdivisions to assure this is not an
issue in the future.
. City Manager Boyles said that was correct.
. Councilmember Mader, asked if this action removes all the medians that block driveways in
the City.
. Public Works Director Ilkka said this action would address each of the medians that the City
has had complaints on blocking driveways. He said he believes there is one more on Fish
Point Road just south of east Highway 13, on which the City has not received complaints.
He said Public Works would look at that in time.
. Councilmember Mader confirmed that this action is not opening the door for a whole bunch
of requests like this around the City in various places.
. Public Works Director Ilkka said no.
MOTION BY SCHENCK SECOND BY MADER TO APPROVE ITEM 7 A) CONSIDER
APPROVAL OF A REPORT REGARDING A REQUEST BY TODD AND DEBORAH
BATDORF FOR MEDIAN REMOVAL, AND ACCEPT ALTERNATIVES 1 AND 2, TO
REMOVE THE MEDIAN ON WILLOWWOOD STREET AND MODIFY THE
MEDIANS ON COACHMAN LANE SO THEY DO NOT CONFLICT WITH
DRIVEWAYS.
. Upon a vote, ayes by Andren, Mader, and Schenck, the motion carried.
B. Consider Approval of Report Regarding Cable Televising of City Council Meetings.
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City Manager Boyles reviewed item 7B) of the April 21 Consent Agenda. He said he was
directed to review the possibility of Cable Televising of City Council meetings. He went
over the three options listed in the Agenda report. The first option would be to use or borrow
existing equipment, which may not be commercial, and therefore may provide for less than
optimum video and audio properties. From a speed perspective, this is the fastest, but in the
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long run, there would be complaints from people who wished to watch and hear what has
happened. The second option is to buy commercial grade equipment. The price of this
includes hiring an operator. A third option is to buy the service instead of equipment. The
cost of this would be about $9,300 this year. Calculated over 2 - 2 /12 years, it would pay
for the equipment in option two. From a staff perspective, if the Council does wish to
maximize use of the cable channel, the staff recommends option two. The cost would be
about $23,400, and it could be.installed in about six weeks.
Mayor Andren asked if the equipment could be used permanently, as the City of Prior Lake
grows, and it would not be wasted later on.
City Manager Boyles said it would be permanently mounted in the Council Chambers, the
Fire Department and Police Department, EMS could use it for training and orientation.
Councilmember Schenck said he supports this, but other City Council rooms which he has
visited, everyone of the Councilmembers have 9 inch monitors in front of them. These
tables are not really laid out for a 9-inch monitor per Councilmember, but perhaps one
between two Councilmembers could work. From this distance to the projector screen in
back is lacking in definition and clarity. That is something that should at least be looked
into.
Mayor Andren asked if the staff was aware of this problem and had looked into changing
that.
City Manager Boyles said that part of the issue was training. Staff did not yet have expertise
on the equipment. In optimum terms, monitors would be good. Staff can check on projector
screen, and would check on monitor options for the City Council to have better view.
Councilmember Schenck said the TV monitor provided a good view for the audience, and
the other option would be to have two similar monitors facing the Council.
Councilmember Mader said he agreed with Councilmember Schenck's observation. He said
he was disappointed with the new equipment. When it was used for the first time, he
couldn't see it, either, and when you are trying to look at a standard size screen, when it is
that far away, no matter what is done, it's not going to be good. He said that raises the
question, what is the use of that if we can't see it from here. He asked if there was another
use of it.
City Manager Boyles said that the Fire Department used it frequently for training.
Councilmember Mader asked if it was working O.K. for the Fire Department.
City Manager Boyles said it was, to the best of his knowledge.
Fire Chief Chromy confirmed that statement.
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Councilmember Mader said he had no problem looking at the possibility of a couple
monitors. He said the high school maintains some kind of a Public Access lab or something.
He asked if there is anything the City could do through them that would create some
economics. In other words, is it possible the City could use their expertise to help finalize
this, and secondly is it possible that their expertise be used for operating the equipment. Do
they train students, for example. He said whatever we use will require training, and it maybe
high school students could be trained to operate it, and they could do it economically. He
said the Council should not act on this tonight, but should pull together the thoughts. He
said Option 2 makes sense, but we need to look closer to see if what we are going to get is
what we ultimately want.
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Mayor Andren questioned whether students would be available to be here for all meetings.
It was frustrating when Savage put in their cable system to televise Council meetings, and
they had bad audio and a camera that was immobile and did not focus on who was speaking.
Although it may be more cost effective, if the City is going to put this in, (and she said there
will never be another City Hall in her lifetime) then the City needs to do something that has
quality, permanence, and reliability for the public. She said she does not know what the
school offers, but even semi-professional at Savage meant they needed to redo a great
portion of it because people were angry since they couldn't hear or see it. She said if the
City is going to do this, she would rather spend money that will give us some quality and
reliability than to rely on kids that may be going through a course. Although they might do
a good job, she said she did not know how reliable that would be.
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City Manager Boyles said he had worked with Jim Schindler, who is the Cable person at the
school. He said they were working with the Cable company, and the cable equipment is 10
years old at the high school studio. He said he has had more than one experience taping his
Cable program and had equipment problems because the equipment is worn out. He is
working with Schindler to see if they can update the equipment, because Cable studios are
important. Mr. Schindler has had difficulty getting students to operate equipment for the
program. The price of $930 assumes a $12 / hr employee through a videotaping service
which would train and supervise the employee.
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Mayor Andren said that residents 10 years ago were willing to help videotape the meetings,
but it was at the convenience of the residents, and if they could not show up, the meeting
wasn't televised. It did not work out. She said if we are going to do this, we should do it
right, because it will be here long term.
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Councilmember Schenck said there were two cameras listed. He asked if the intention was to
have one focused on the entire Council and a second on the podium, or if it would be for
different angles.
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City Manager Boyles said the equipment was remote control cameras and they could both
pan tilt and zoom 360 degrees. He said it was a three-camera system including the two
remote control cameras and the document camera. The remote cameras could be used in
combinations of one, two or group shots on the podium, public and Council.
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MOTION BY SCHENCK, SECOND BY MADER TO TABLE THE ITEM TO A TIME
UNCERTAIN.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motio~ carried.
. Councilmember Mader said he wanted to comment on where the City went from here. He
said he hoped it was not interpreted that he was wanting to do it with students and do it
cheap and dirty. He said he thought it was very important that if the City was going to do it
that it be done right, and it be done professionally. However, he said he was suggesting to
the extent that there is expertise there that the City use it whether it be on a consulting basis
or just information.
. He said it was his experience that whether dealing with audio/visual equipment or computer
equipment, many times organizations upgrade over and over again because they do it and it
doesn't work out right, and then they do it again. He said the City has an example of that
here. They have been in this building two years and are on the second audio system. He
said they put in money for a video system and his first reaction at the last meeting was that
they were displaying on the back wall rather than behind the Council, and what was behind
the Council was better because at least he was close enough to see it. Now that it is on the
back wall, he can't see it. He said he was just suggesting that they take advantage of
whatever resource was there to do it one time and do it right.
C. Consider Request by Maple Hills HOA Relative to Utilities.
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City Manager Boyles introduced the item. The Homeowners of Maple Hill Addition have
requested sewer and water be installed in their subdivision. The problem arises because of
their desire to save 30-50 trees by using one trench for sewer and water as opposed to two
trenches, spreading the sewer and water pipes 10 feet apart versus 2 feet, which the
homeowners are seeking. The staff recommends 10 feet spacing because it is the standard
for maintenance and public health and because the roadway needs to be expanded to a 20
foot roadway so the fire trucks can get up there. Staff recommends that 10 foot spacing
between sewer and water pipes employed. A potential solution is trenchless technology is
available and could be utilized to save trees and keep the pipes ten feet apart.
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Mayor Andren asked if there was a spokesperson from the Homeowners Association that
would like to speak.
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Mayor Andren recognized Jim (J.G.) Borhave of 14243 Mitoka circle NE, President of the
Maple Hills Homeowners Association. He introduced residents in the audience. He said
Kevin Lilland, who wanted to build a home in the neighborhood, needs sanitary sewer. Jim
Kramer, Vice President, will be there. He said Don and Marlis Huey can't make it, Linda
Hanning is on her way, Rich Wiedner and Dave Treeble would also be in attendance. He
said the design engineer, Leroy Niehaus was there, and Attorney Charlie Bartholie. He
introduced the engineer, Leroy Niehaus, to go over technical aspects of the design. He said
plans were approved by John Wingard, former City Engineer, and sent to the MPCA and
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The State Board of Health, who approved the design. He said they had a valid request to try
to save the value of that unique environment. He said there was justification considering
replacement timber costs $200 per caliper inch, and if you were talking about the value of
timber, there is a large number of trees would be lost if they had to go to the ten foot
separation. Two foot separation is used primarily for economic purposes in places with
ledge rock, and the loss of the property value because of the loss of timber is an economic
consideration equal to that of ]:laving to expedite rock. As far as the issue of Fire Code, with
the 20 feet of open space, with this narrow separation, a few trees would be taken out, but
they could meet the fire code. He said he would go out and locate the trees if it was deemed
necessary. He said if the $200 per caliper inch was used, that soon comes up to a couple
thousand dollars per tree, and it they had to lose 20-30 trees, it was simple arithmetic to see
what the impact would be.
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Mayor Andren asked ifhe was acting as the developer in this particular area.
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Mr. Borhave said no, he was acting as a homeowner, and he just happened to be President of
the Homeowner's Association and so he was their spokesman.
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Suesan said that this was not a Developers Agreement per se, because this is already platted.
What this is in the nature of a contract.
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Mr. Borhave introduced his attorney.
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Attorney Charles Bartholie for the Homeowners Association. He said last year the
association was requested to install a privately financed sanitary sewer system. He said
when they came in, the Council required that both the water line and the sanitary sewer lines
would be installed in that particular area. He said the association accepted the placement of
both a water line and a sanitary sewer line, even though there is presently no water out there
and may not be for a period of time, although there is a project pending this summer. As a
result of appearance last year, plans were drafted and submitted to the City and several other
governmental entities that require licensure or permits on this. He said as a result of
submitting those plans, the City reviewed the plans and ultimately the City staff was going
to require 10 foot spacing between the two lines, and the HOA was requiring 2-3 feet.
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He said there were many reasons 3 foot spacing rather than 10 foot spacing, they requested
to be allowed to appear before the Council tonight. He said he had been told that 10 foot
spacing was desired because if someone working on one of the lines, there is no danger of
hitting other line as there would be if working on a line with three foot spacing. He said the
other reason he was given was that if someone was working on one of the lines, they would
need support if had to expose other the line. He said in addressing the issue of hitting a line
while working on the other line, he wanted to offer the following facts. He said it was his
understanding that when repairs were needed on one of the lines, the as-built drawings and
plans were consulted to determine where the lines were located and their depth. Then, as he
understood, digging over the lines was done down to about 2 feet above the lines, and then
to get to the lines from there, it was by hand so that the line being worked on was not
damaged. If this was the case, it would be difficult to hit another line whether it be three feet
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or ten feet spacing. He said it was his understanding that the waterlines were much more
susceptible to breaking than sanitary sewer lines. He said he understood that it was very rare
that with a sanitary sewer line, it would ever actually have to be dug down to. In this
particular case, the sanitary sewer line is equal to or greater depth than water line.
Furthermore, he was told that when any inspections are done on sanitary sewer lines, that
inspection today was done internally by camera and other mechanical techniques. If repairs
are needed in sanitary sewer !ine, a sleeve would be inserted within the line, and it is very
rare to need to dig down to the line. This being the case, if the sanitary sewer line is lower
than or at equal distance of the water line, the chance of hitting sewer line if digging to water
line is almost impossible. He said there are many instances where lines are installed within
approximately 18 inches, especially when you have a rock/soil situation for efficiency. In
addition, when the services run from the line to the homes, there is normally only one trench,
and both lines are put in that particular trench.
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Finally, the Minnesota Department of Public Health Specifically allows the spacing of a
sanitary sewer line and a water line at least 18 inches apart if special materials were used.
Those special materials are proposed to be used in this particular case. With regard to
providing the support necessary for the lines, first of all with the waterline, it is only a six
inch line. He said when a water line is drained, very little support is needed at that particular
point. He said the second point was that it is common to provide support by putting a
telephone pole across the trench and suspending the line by putting chain or rope down to
hold up the line. He understood this is a fairly common practice when working on lines.
Finally, he said when repairing a water line, the repairs are normally done with a sleeve
going around the line. He said there was two pieces which were clamped together and
bolted, and that's how most repairs of water lines were done. He said to do this, they dug
down to 2 feet above the line, then the digging was done by hand down to the line, and then
another six inches beneath the line was dug so that they could get around the line. He said if
the sanitary sewer line was three feet away, even with a trench with floats down to the water
line, the sanitary sewer line would not be disturbed, or vice versa, for support of that line.
He said this was a residential area with nine lots, six of which were developed and three
which were undeveloped. If a spacing of ten feet was required, it would put between 30-50
of the trees in jeopardy. He said the HOA was requesting 3 foot spacing so that they could
minimize damage to the trees. He said if the Council would look at the situation and balance
what is the justification for the ten foot spacing and what the benefit would be by preserving
the trees and keeping the property values and tax base, and providing an area in the City
where there was a very unique wooded area for diverse type of housing. He said he believed
they would be justified in being allowed to have 3 foot spacing, because the association is
accepting the obligation to put in the sanitary sewer and water line, and because by putting
in the 3 foot spacing, the City policy to preserve trees and the environment was supported,
and the detrimental effect of going to 3 foot versus 10 foot was minimal, and number four,
the potential for significant adverse impact to this particular area was very significant. He
asked if engineer Leroy Niehaus would like to add any points.
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Mr. Niehaus declined.
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Councilmember Kedrowski arrived at 8:05 p.m.
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Mayor Andren asked what is the objection to the trenchless approach?
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Attorney Bartholie said they just received the report and have not had time to review it.
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Mayor Andren asked if they would like the time.
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Mr. Bartholie said it is up to Jim Niehaus.
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Mr. Niehaus said he had worked with it, and it is very expensive and time consuming.
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Mayor Andren asked if they had done any cost analysis for the Homeowners Association in
comparison to the way they wanted to do it now.
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Councilmember Kedrowski asked Public Works Director Ilkka to comment on the trenchless
approach, in terms of cost control.
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Public Works Director Ilkka said he did not have particular numbers on the cost of
trenchless technology. He said it was more expensive but not to a magnitude of more than
twice.
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Councilmember Kedrowski asked him to explain the differences between the two.
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Public Works Director Ilkka said the proposed project would go in and provide one trench
perhaps four feet wide through the travel roadway, they would lay in the pipe in an open
trench and backfill. The way he envisioned the trenchless method working is they would
still dig two trenches, but in areas they can't get the trench in without taking trees that they
find to be valuable, they could jacket them through with the technology that is out there.
Basically, the pipe is pushed through the earth from two trenches.
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Councilmember Kedrowski said so it costs slightly more, but does not impact the
environment as much.
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Public Works Director Ilkka said the potential there was to save more trees.
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Councilmember Kedrowski asked how many trees are actually affected.
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Public Works Director Ilkka said there have simply been estimates, only staff was not able
to spend the time to go out and do the survey on the behalf of the proposer.
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Councilmember Kedrowski said the other question, then, is in terms of the roadway, how is
the City going to address the road width issue?
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Public Works Director Ilkka said it was certainly staffs preference to have a 20 foot wide
roadway to comply with the fire code. He said it was his feeling that the additional loss of
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trees to comply with a 10 foot separation and backsloping is really not going to be that much
greater than the loss of trees just to comply with a 20 foot wide roadway.
Councilmember Kedrowski asked what the roadway was at now.
Public Works Director Ilkka said the actual traveled surface was probably a 10 foot, give or
take a foot or two here and there.
Councilmember Kedrowski said looking at trenchless system and a 20 foot wide road, is that
what the staff is proposing?
Public Works Director Ilkka said he did not want to propose specifically how it should be
constructed.
Councilmember Kedrowski said City would not deviate from the 20 foot road, would they?
Public Works Director Ilkka said he did not believe they should.
Councilmember Kedrowski asked if the 10 foot would cause them to deviate from the fire
code.
Mayor said she thought of this as two separate issues, one is the pipes themselves and then
the road issue. But they seem to be interconnected. The bottom line is that it is clear the fire
trucks could not make it up there for fire protection. She said she lives in the area, and
knows the area, and has driven up there. In the winter, she said she did not know how
anyone could get up there. That is a very serious safety hazard. From what she has just
heard, these issues are connected, and if the road is wide enough to accommodate
emergency vehicles, the 10 foot spacing almost becomes a moot point, because they will fit
in that 20 foot roadway. She asked Public Works Director Ilkka for clarification.
Public Works Director Ilkka said if they put in a 20 foot roadway and used a trench box,
which holds the sides of the slope so that they did not have to go out as far, the potential is
not to lose any more trees. Without knowing where the specific trees are located, he said
that is his best judgment. The additional loss of trees with a 10 foot separation, is not that
great.
Mr. Bartholie said he wanted to make a point. He said the roadway is 20 feet wide. It is not
10 feet wide. He said there are four trees that could make it right at 20 feet, but it is at 20
feet.
Mayor Andren she did not bring her measure out there today, but she did drive her car out
there and she has been up there in the winter. She said her point was whatever road width
needed to be put in so emergency vehicles can get through there, that is what the road width
would have to be. She said that was a given. She said trees can be replaced, human lives
can't be replaced. She said yes, the area is unique, wooded, wetlands, like most of the north
shore. She said there are many unique parcels in Prior Lake with such nature and trees
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everywhere. This particular parcel has somewhat of a rural flavor because it sits up a little
high. She can sympathize with the people that live there, because she lives in an area like
that, and it would be discouraging that ambiance must be let go of to accommodate City
services. They are not in the rural service district. They are in the urban service district.
She said her greatest concern is with City vehicles. She said she did look at the fire trucks,
and she did drive into the area, and there is no way. She said in addition to the portion up
there, there is a surrounding _ area which will be developed; like in Knob Hill, with 219
dwelling units. She said the City's major responsibility was to look after the health, safety,
and welfare of people in that area and also the people out of that area. She said she was
concerned, she just heard the City Engineer say that there would not be significantly more
loss of trees with a 20 foot roadway.
Public Works Director Ilkka said that was correct.
.
Mayor Andren said she drove up there today, and she did not know how many significant
trees there were, but if the City went along the roadway, most of that is volunteer trees, most
are not oaks of 100 years, one is dead, and you need to determine what trees you are talking
about. Because little scrub trees don't take precedence over human life or safety. She asked
Fire Chief Chromy what was his assessment was for getting Emergency Vehicles up there.
.
Fire Chief Chromy said he had not been to the particular area, but he knew where it was, and
as Fire Chief, he had to back the uniform fire code. He said in instances where fires are very
difficult to get to, and they just barely meet, they have to follow the uniform fire code. He
said it is a safety issue, and if you back away from it, and something happens 10 years from
now, who is going to be on the line for it?
.
Mayor Andren said we have an opportunity to correct that situation, and she would be very
hesitant if there is a situation to be corrected and they don't. All you have to do is pick up
the newspaper, look what happened in Grand Forks, to see what happens when you can't get
a fire truck in there. Disasters do happen, fires do happen. She said she is very concerned
with the safety issue, and has empathy for the homeowners.
.
Fire Chief Chromy said he concurs.
.
Mr. Bartholie said going back to the issue of a 20 foot roadway, that is what the requirement
is. He said if they had a 20 foot roadway, would the City be willing to go along with the
request, because what he is telling the Council ~s that they do have a 20 foot wide roadway.
.
Mayor Andren what she is willing to do is see if emergency vehicles can access that area in
order to get fire and emergency service to them. She said they want City services.
.
Mr. Bartholie said they want a sewer line, but whether they want a water line, they are going
along with the situation the City has presented. He said trucks go up that are much larger
than fire vehicles, such as the lumber trucks. The requirement is the road be 20 feet wide.
The fire truck can get up there. What you are saying is that they have to comply with the
code. We are complying with the code of20 feet wide.
42197.DOC
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42197.DOC
Mayor Andren said that is true, but if the 20 foot wide roadway does not allow our trucks to
get up there, there is a problem.
He has not heard another standard other than 20 feet wide.
Mayor Andren said that is not the whole issue. The issue that most of us are concerned
about is that your client wishes to have City services brought to their property. You can't
necessarily pick and choose what services you want in an urban service area. What the City
is interested in is that they do not do something that is going to prevent emergency services
from being provided to that area or other areas. If it is 20 foot, fine, if it is 32 feet, that's
fine. Whatever it takes so that there can be fire and emergency services area is what she is
interested in. If it exceeds 20 feet, then it exceeds 20 feet. Our primary responsibility is
safety .
Mr. Bartholie said so if I show you a fire truck can get up there, then you would be in favor
of this.
Mayor Andren said that was not what she was saying. She said she was just saying that her
concern was that emergency vehicles have access.
Mr. Bartholie said so if I can show you that, if that is your concern, I don't see what your
objection would be.
Mayor Andren said maintenance, past practice in an urban service district, precedence. She
said she does not think that each and every neighborhood can come in and state their
preference for the way everything was put in. She said she thinks that trenchless may be a
solution.
Mr. Bartholie said the problem with the trenchless is it would not work for maintenance of
the system.
Councilmember Kedrowski asked why not?
Mr. Bartholie said to maintain, they would have to. dig down. What he is talking about is
pushing a pipe through the soil. To maintain it, they would have to dig down and cut out the
slope. When it is installed, it is pushed through the soil instead of digging a trench, and it
does not work for maintenance. That's why it would not be a viable solution here.
,
Mayor Andren said if they are talking about maintenance, then 10 feet apart would be the
solution.
Mr. Bartholie said what is the justification for it?
Public Works Director Ilkka said the staff was not willing to compromise on City Council
approved standards. He said they felt if there was going to be a compromise, the Council
should make that as part of their discretionary authority. He is right, trenchless technology
12
cannot be maintained that way. That is why if were at 10 feet and they took trees now it
would not become issue later.
.
Mayor Andren said why is 10 feet the City standard?
.
Public Works Director Ilkka said it had been adopted in a ten state region: The professionals
in water and sewer works have maintained that that is what is best over time for public
health and safety related to those systems.
.
Leroy Neihaus, Design Engineer, said a couple of comments were made that the ten foot
separation would not take out any more trees than a 20 foot corridor, which is incorrect. He
said the 20 foot corridor could be curved around the trees, and they could not bend pipes, the
pipes have to be laid in a straight line between manholes. He said the standards do allow for
deviation from a 10 foot width. He said he covered the issue with City staff and they were
in agreement with it. He said it seems strange that after 20 years, the emergency access has
come up.
.
Councilmember Schenck asked Fire Chief Chromy about the 20 foot width of the road,
which when read, ''unobstructed width" of 20 feet, does it mean curves must be wider than
20 feet? He said that the fire trucks will have difficulty getting up there.
.
Fire Chief Chromy said he had not been out there, so he could not answer that.
.
Councilmember Schenck said his concerns were getting trucks up there and being able to
turn.
.
Fire Chief Chromy said there are turning radius requirements.
.
Councilmember Schenck said the 20 feet, if it refers to straight roads, should be looked at,
because those roads are not straight up there.
.
City Attorney Pace said her recollection was that the fire code is the road must be 20 feet
wide, but turning radius was an issue that was considered in addition.
.
Public Works Director Ilkka concurred and said he thought it was also based on equipment
the department has.
.
City Attorney Pace said it is usually a call that the Fire Chief makes in his professional
judgment, whether access or enough radius for equipment to get back out, so it's available
for another fire.
.
Councilmember Schenck said so now, we've got the road designed for minimum fire Safety.
The report here indicates that 30-50 trees will have to be taken down for that, but now he is
hearing that it already meets uniform fire code safety.
42197.DOC
13
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Public Works Director Ilkka said the 30-50 number came from the project proposer. He said
they had been given no information specifically identifying which trees would have to come
out under any scenario. He said the staff thought it was something less.
.
Councilmember Schenck said his number one priority was fire safety. He said he has heard
a lot about the cost of trees being taken down and everything, but if there was fire up there,
they would lose a lot more than 30-50 trees. He said they should do this area right, and do it
safe. What is 30-50 trees to save 300 trees, a few houses, and possibly a few lives. He said
let's do this road right. Let's work with the sewer and water line the best we can. Let's do
the safety issue right. This is also a liability issue for the City.
.
Councilmember Mader said it was not clear to him reading through the staff report whether
the primary concern was security of the sewer and water system, or whether it's fire safety
and being able to get a truck up there. They seem to get intertwined here where it is a little
confusing. He said as he reads the report, the uniform fire code requires a 20 foot road. He
said he hears the representatives of the area are saying the road complies. That makes it hard
to make a judgment if you have two exactly different pieces of information. He said he was
puzzled by the suggestion that trenchless technology would address the problem, because
from his perspective, it does not do anything with the road width, it only talks about how
you put sewer in, and that's referred to as a win win if the City does it that way, but he
doesn't understand how that could be a win win situation if a primary concern is the width of
the road and fire protection and it does nothing about that. He said there seems to be a fairly
significant difference in opinion regarding how many trees would have to come out to
provide for the 10 foot separation. He said he thinks he is hearing the property owners
saying if we have to take out a few trees to meet the fire code requirement, we could do that,
we are willing to do that. Looking at Staffs position, that the trees lost in providing a 10
foot utility separation will be insignificant compared to the number of trees taken out for
safety. So it sounds like one group is saying if we want to meet the safety fire requirement,
we are going to have to take out a whole bunch of trees, and that will be enough to allow the
ten foot separation. And he hears the other party saying not so.
.
He said his personal perspective on this is he does not think the City should compromise on
the issue of safety, but he is not sure ifhe is hearing the City's uniform fire code is wrong, or
if it is not being met out there. He said he thinks the City should be meeting the fire codes.
He said the Attorney has corrected him and said it is a state fire code. He said the City
should be meeting it, and this raises the question of why has this not been an issue in the past
and how many other places in the City is there the same type of problem. It seems that a
reasonable resolution is to make sure that whatever plan is accepted and approved does meet
the safety requirement and state code relative to fire safety. Secondly, he said he would
have no problem having the water and sewer lines closer than ten feet providing it is done
with the higher strength sewer pipes, versus three feet separation and having both pipes of
the quality water pipes, it seems that would not be an unreasonable compromise.
.
He said his recommendation would be for somebody to go back and do the work to find out
whether we do or don't have to change the road to meet the safety code. Then, given that
there has to be some trees taken down to meet that safety requirement, we may find that the
42197.DOC
14
~
net result of that after that planning is done that the separation would be six feet in the water
and sewer line without further disturbing those trees. He said that seems a logical
compromise. And give consideration to the fact that the petitioner wants to save trees,
which is a commendable goal.
MOTION BY ANDREN SECOND MADER TO TABLE FOR FURTHER
INFORMATION SO THAT l)THE FIRE CHIEF CAN CHECK OUT THE SITUATION
REGARDING EMERGENCY VEHICLE ACCESS TO THE AREA, 2) THE
APPLICANTS DO A TREE INVENTORY TO SEE WHAT WOULD BE ADEQUATE AS
FAR AS GETTING EMERGENCY VEHICLES UP THERE AND 3)THE ROAD BE
MEASURED AND STAKED.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
D. Consider Approval of Revisions to Joint Powers Agreement with Minnesota Valley
Transit Authority (MVTA).
. City Manager Boyles introduced the item. He noted that Councilmember Kedrowski is the
City's representative. He said the revisions to the Joint Powers Agreement and the Bylaws
were highlighted.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-
xx APPROVING REVISIONS TO JOINT POWERS AGREEMENT AND BYLAWS OF
THE MINNESOTA V ALLEY TRANSIT AUTHORITY (MVT A).
. Councilmember Kedrowski said if there is any discussion, he can bring concerns to board
for consideration. The new procedure for amendment is that if specific issues come up, they
will address issues through agreement, amending and deleting per section, concerns will be
dealt with through individual Cities.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
E. Consider Approval of Burning Permit and Fire False Alarm Fees
MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE
RECOMMENDATION OF THE FIRE CHIEF TO APPROVE BURNING PERMIT
AND FIRE FALSE ALARM FEES.
. Councilmember Schenck said it should be noted that the fees are commensurate with
cities around the area.
. Councilmember Kedrowski said this would also apply to Spring Lake and Credit
River Agreements.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
42197.DOC
15
8. NEW BUSINESS:
A. Consider Approval of Collective Bargaining Agreements:
1) Resolution 97-29 Ratifying 1995-1997 Teamsters - Pro Representing
Supervisors
. City Manager Boyles .reviewed the report. He said the agreement has been a long
time coming, and John Roszak and Blair Tremere should be credited with coming up
with an agreement that is acceptable to all parties. This meets most of the objectives
the Council was trying to attain. He said the agreement strengthens pay levels
relative to metro area, eliminates longevity and compensatory time, and tries to
maximize the term of the agreement. Pay for performance, while it is not in the
agreement, is provided for in a committee as a collaborative effort between City
Manager and Department Heads to work on a system that will have validity. Health
and Dental caps are included. There are no multiple agreements, one agreement
covers all employees. As you can see from detail of document, it took a great deal of
time to get the things done. The report lays out terms and costs out agreement.
Resolution 97-29 is provided which will ratify the contract. He said he would
suggest one further resolve be added, that would authorize back pay costs associated
with agreement to be drawn from the contingency account. That would clarify it for
posterity.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPT
RESOLUTION 97-29 RATIFYING 1995-1997 TEAMSTERS PRO
REPRESENTING SUPERVISORS WITH THE AMENDMENT RECOMMENDED
BY THE MANAGER.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
2) Resolution 97-30 Ratifying 1997-1999 LELS Representing Police Officers
and Detectives
. City Manager Boyles reviewed item 8A2). He said it was basically a wage and
insurance re-opener used to swing into new agreement, 97-98-99 agreement. He said
they tried to get to this one period of time for the labor contract in order that they
could have labor peace. Health insurance will reopen in 1998, and wages and
insurance reopen in 1999. The language is fixed during course of re-opener. They
have provided for wage increase similar to other bargaining units. Resolution 97-30
is attached and recommended for approval
MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE
RESOLUTION 97-30 RATIFYING 1997-1999 LELS REPRESENTING POLICE
OFFICERS AND DETECTIVES.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
3)
Resolution 97-XX Ratifying 1997-1999 Teamsters - Representing Sergeants
42197.DOC
16
42197.DOC
. THIS ITEM WAS REMOVED FROM THE AGENDA.
. Councilmember Schenck asked if they could move on the resolution.
. Mayor Andren said they had to have a signed agreement first from the union.
. City Manager Boyles said he understood it was a logistics issue, not a
contract problem.
. Councilmember Schenck said hejust wanted to make sure that the Council
was not holding it back.
B. Consider Approval of Amendment to 1997 Parks and Trail Capital Improvement
Program.
. City Manager Boyles introduced item 8B) of the April 21 City Council.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE
AMENDMENT TO 1997 PARKS AND TRAIL CAPITAL IMPROVEMENTS.
.
Councilmember Mader said he had some concern about the fact that we go through a
Public Hearing process and public discussion about capital improvements, and he
thinks that's as it should be so that we have input from our citizens. He said he has
concerns about adopting changes to that and adding public projects, which in this
case there is about $65,000 worth of additional projects as compared to initially a
$185,000 authorization. He said he doesn't like the idea of implementing public
improvements without having the citizens in the City have the same kind of input as
they would have for the initial capital improvements project. The implication of this
seems to be if someone calls up City, and says they want a sidewalk in their area or a
certain thing and City has the money there, they will do it. He said he is not sure that
is how they should be authorizing these projects. He said he is sure there are other
projects in the City that people have talked about and have been told that it's not in
the budget, and so he is very uncomfortable doing it this way. He said they do have
an upcoming workshop on Capital Improvements, and at some point not far in the
future, they would be addressing this issue for 1998. He said he is not in support of
doing it on a random basis like this.
.
Councilmember Kedrowski said he did not believe they followed the same procedure
for Parks Capital Improvement as they do the construction project bidding.
.
Parks and Recreation Director Hokeness said if they would bid a large deal, trails and
sidewalks together, it would go through the regular bid process and then they would
have a Public Hearing. He said it is part of the Parks fund, it is not something where
the Public comes forward and says my taxes are going to go up because you are
putting in a trail. These are all funds and revenues that are contributed by developers
and through building permits.
17
42197.00C
.
Mayor Andren said so the funding source is the ten percent they receive from the
developers and it goes to the parks fund for the projects for neighborhoods and
residents where parks are located. She said she understands that these projects are
behind.
.
Parks and Recreation. Director Hokeness said they are behind. He said they are
playing catch-up right now. He said after this year, they should be pretty well caught
up with requests. He said there were trail sections that were promised to
neighborhoods 4-5 years before he got here. He said they could not do them all last
year, although they had a really aggressive season, and their revenues were up also.
He said they had the money and it was time to make these improvements. He said
Frank asked if they were amended last year. He said as development increases, such
as when the Wilds came to him and said "we are ready for a playground". Hokeness
said he told them they were not slated for a playground for three years, but they were
ready for one. He said Pheasant Meadows, there is trail connections that could be
joined. He said they are moving with a lot of different projects, and now was the
season where they could get some things done before the bond referendum projects
hit. He said they need to do some catch up with for these neighborhoods who were
promised trails and playgrounds a long time ago.
.
Councilmember Mader said wasn't that capital improvement list and budget included
in the Public Hearing when it was established at $185,000.
.
City Attorney Pace said she misspoke when she gave Councilmember Mader the
information. She said she believes in the engineering projects that they do in their
five year CIP, public hearings are held and many are funded under M. S. 429
process, they are assessed. She said the CIP for Park and Recreation is a different
process.
.
Councilmember Mader, said so there was a not a public hearing to budget the
original $185,000.
.
Mayor said if you are talking about capital improvement program, that does not
require a public hearing. We have always given people input, but that is not a formal
public hearing. It is just them telling what they are planning on doing for a particular
year. The funds that they get from.what Paul is talking about is from the developers
that have given the 10% and would like the developments complete. A problem was
developments went up sooner than anticipated, and another problem in past was that
there was not enough money from the 10% to provide the equipment. She said she is
hearing that they are playing catch up and also giving developers back their 10% by
statute in order to provide to them the Parks that were promised them to begin with.
.
Parks and Recreation Director Hokeness gave the example of trails in Pheasant
Meadows. He said those townhouse projects should be done this summer, and he
would hope to have the trail in so that it is no surprise, like if they waited and said
18
five years later, by the way, a trail is going in by your home. So, they have to stay
ahead in that fashion too.
Mayor Andren called the question.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
C. Consider Approval of Resolution 97-XX Extending Recording Time for the Final Plat
of "Wilderness Ponds Second Addition".
This item was removed from the agenda.
D. Consider Approval of Resolution 97-31 Authorizing an Application for Waiver of
FDA Preemption of Tobacco Ordinance Provisions.
MOTION BY KEDROWSKI SECOND BY MADER TO APPROV AL OF
RESOLUTION 97-31 AUTHORIZING AN APPLICATION FOR WAIVER OF
FDA PREEMPTION OF TOBACCO ORDINANCE PROVISIONS.
. Councilmember Schenck said it seems they have a very strong and respected City
Ordinance here, and now he was reading that an in adult-only establishments there
will be machines allowed. He asked if that was correct.
. City Attorney Brokl said that was correct, and if nothing is done the FDA will
control, and that is what the FDA says.
. Councilmember Schenck said if the Council does nothing to the ordinance, Prior
Lake's ordinance is stronger than the FDA minimums, correct?
. City Attorney Brokl said so they would not want to weaken the ordinance to allow
vending machines back into adult only establishments. He said in previous years
every one of them failed the compliance checks. They even served liquor to the kids,
and he was very concerned about allowing vending machines back.
. City Attorney Brokl explained that before the Council was an application for a
waiver of preemption. He said that means if you do nothing, the FDA will prevail.
He said in this City it means the ordinance will get weaker. In most places, it means
that the ordinance gets stronger, so a lot of Cities are doing nothing. He said Prior
Lake's is already stronger than what the FDA says.
. Councilmember Schenck said so by this resolution we are establishing Prior Lake's
strength in the ordinance.
. City Attorney Brokl said that was correct. He said the FDA routinely grants
applications which are more restrictive.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
42197.DOC
19
9. OTHER BUSINESS:
A. Executive Session to Discuss Pending Litigation
Tms ITEM WAS REMOVED.
10.
ANNOUNCEMENTS/CORRESPONDENCE
.
City Manager Boyles went over the announcements:
.
There is a township hearing on Annexation Area 2 in Hidden Oaks cafeteria.
.
The CIP workshop is Monday, May 5th at 5:30 p.m.
.
He said he would like to schedule an Executive Session to discuss pending litigation for
May 5th, from 7-7:30.
.
National Day of Prayer May 1.
.
City Council Annexation Public Hearing on Gensmer and Mesenbrink parcel is Monday,
May 19th, 7:30 p.m.
Mayor Andren said ifthey have that and the City Council meeting, it will be lengthy.
.
.
Councilmember Kedrowski said how much time should be allotted to people who do not live
in the area who are not affected directly.
.
Mayor Andren, said at the last meetings, there was not one Prior Lake resident here.
.
Councilmember Kedrowski said so that is what he was asking, was how can it be controlled.
He said he understood that only five property owners were affected by the question.
.
Mayor Andren said there may be only five property owners, but you can't guarantee who is
coming. If this is a public hearing, there will be a lot of people, everyone will want to say
something. She said it could be lengthy, depending on the number of people here, and there
are two options. She said one, do not put any additional items on agenda that will be
lengthy, or set aside a day other than regular City Council meeting.
.
City Attorney Pace said the Mayor could also request no issues be repeated, and if the issue
is adequately addressed, move on.
.
Mayor Andren said they have done that, and the reality is they say the same thing in
different words. She said they should probably limit it and let people say what they have to
say.
.
City Attorney said they can also set a time certain for public hearing, to the extent that other
business is to be conducted first.
42197 DOC
20
. Mayor Andren said we just need to keep in mind that people will be here and will want to
speak.
. City Manager Boyles said Sportsman's Access Issue and the Dave Wuellner resignation
were two issues. He said he assumed the Council would want him to solicit applications.
. Councilmember Kedrowski s!lid with the discussion last meeting, he wanted to ask as a
directive for the Parks Advisory Committee review the park land that is of no value to us
like wetlands and ask if they should consider taking easements and turning over land to
adjacent property owners.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO HAVE CITY ADVISORY
COMMITTEES REVIEW ALL PARK LANDS AND COME BACK TO THE COUNCIL
WITH RECOMMENDATIONS AS TO WHETHER IT SERVES PUBLIC PURPOSE
AND IF IT DOESN'T TO RECOMMEND WHETHER THEY SHOULD TURN IT BACK
TO THE ADJACENT PROPERTY OWNERS.
. Mayor Andren said he was talking about wetlands. She said in light of the referendum and
the work they are doing in parks, she wondered if maybe the Lake Advisory Committee
should look at it. They have the time, and there may be some wetland used for drainage
purposes, that the City may want to maintain control over.
. Councilmember Kedrowski said yes, he was not suggesting immediately, but past practice
was to take for park lands a lot of swamp, and ten percent was all wetland. The City Council
should address what will be for the public good.
. Mayor Andren said she agreed, she just felt the Lake Advisory Committee could do it.
. Councilmember Kedrowski said if Parks and Recreation Director Hokeness felt the LAC
could do it, then they could do it.
. Mayor Andren called the question.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried.
.
Councilmember Mader, said he has concern that they were talking about a water and sewer
problem that then turned into a concern about fire safety. He said apparently the perception
one would get from that is that we have had a serious fire safety problem in this
development for 15-20 years but it has come to the surface when we are talking about
dealing with a water and sewer problem. He said when they were having a break, he talked
to the Fire Chief about it and asked if there were similar situations in other parts of the City,
and he said yes there are quite a few situations where a fire would be a catastrophe because
they could not get to the area. He said if that is the case, that should get a very high priority
for us to look at and see if that is the case, and if it is, what action should be taken to correct
it.
42197.DOC
21
MOTION MADER SECOND SCHENCK TO HAVE CITY STAFF CHECK TO SEE IF
THERE ARE AREA ROADWAYS THAT DO NOT MEET FIRE CODE AND MAKE
RECOMMENDATIONS FOR ADDRESSING THAT.
. Councilmember Kedrowski said is the Council looking at turning the project over to the Fire
Department or who is being recommended to look at this.
. Councilmember Mader said since he was suggesting that staff look at it, the staff had the
option of utilizing the resources of the Fire Department or addressing it however best they
can do that. He would rather not put restrictions on them, but allow them to come back with
recommendations.
. Councilmember Schenck said he seconded it primarily for discussion purposes. He said that
was a valid concern, and there were probably no City owned or maintained streets that do
not meet those standards. He said he thinks what will be found is that it is those that are
private streets that do not meet standards, and then there would be a whole new concern over
what control does the City have over private stress. He said there is probably not 1/10 of a
mile of City streets that did not meet the standard. He said that it would be private streets
that would fall short.
. Councilmember Mader said he understood that, but tonight they were talking about a private
street and saying that has to be corrected, and we have concerns about Citizens lives and
those kinds of things, it seems that the City may find on private streets if the City looks at it
and if it is determined what the City would recommend, and those who own the street won't
go along with it, at least City has made a conscientious attempt to address the issue.
. Councilmember Kedrowski said the only reason the issue came up with that private street
was sewer and water. That is the City's only leverage, and if it wasn't for that, they could
not force them to do anything.
. Mayor Andren said they could be condemned for health, safety and welfare purposes.
. City Attorney Pace said they could also put them on notice that the Fire Chiefhas evaluated
the street and found they may want to consider making adjustments to it.
. Councilmember Mader said if it is truly fire hazard, the City should make an effort to
address those issues.
Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carriedr
42 I 97.00c
22
11. ADJOURNMENT
. The meeting was adjourned by general consent at 9: 18 p.m.
L
JitMrt//iJ IJ-u/l2
Recor ing Secretary
42197.DOC
23