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Home My WebLink AboutAgenda & Minutes 5:30 Budget Workshop 7:00 - CITY COUNCIL FORUM REGULAR COUNCIL MEETING AGENDA Date: June 16, 1997 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 of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Fire Call Report for May. D. Consider Approval of Liquor License Renewals E. Consider Approval of Refuse Hauler License Renewal F. Consider Approval of Consent to MSA, Consulting Engineers Assignment of Contracts to Howard R. Green Company. G. Consider Approval of Planning Commission Recommendation for Planning Commission Chair. H. Consider Approval of Building Permit Report for May, 1997. 5. PRESENTATIONS: A. Mayor Andren will Present Plaques to Retiring Firefighters . Bill Slipher - 28 years . Al Borchardt - 21 years (6 years as Chief) . Jerry Mahoney - 15 years 6. PUBLIC HEARINGS: A. 16200 E~~rGreek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. OLD BUSINESS: (/' A. Consider Approval of Resolution 9~ Denying an Appeal by Pinnacle Partners of the Planning Commission Denial of Variances to the Setback from the Top of Bluff and Variance to allow Construction within the bluff Impact Zone for Property Located at 15408 Red Oaks Road. B. Consider Approval of Cable Television Report C. Consider Approval of Amended Developers Agreement for the Development of 1.78 acres of Land in the Waterfront Passage Business Park. D. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Code Relating to the Conversion of Existing Decks Not Meeting the Required Setbacks to Three-Season Porches. 8. NEW BUSINESS: l<c,;. q 1.. 5;)-" A. Consider Approval ofMVTA Operational Levy Request. B. Consider Approval of Method for Filling Councilmember Vacancy. C. Consider Approval of Resolution 97-XX ~thorizing Restrictions of Lawn and Garden Sprinkling and Other Outdoor Uses. D. Consider Approval of Report Reviewing Certificate of Survey Requirements for Building Permits. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT 61697.00C TO: FROM: DATE: Mayor and City Council Frank Boyles, City June 16, 1997 SUBJECT: Budget Study I Workshop, June 16,1997 As the Council is aware, Budget Study Workshop I is scheduled for 5:30 p.m. Monday, June 16, 1997. The purpose of this workshop is to solicit input from the City Council regarding expectations for 1998 Budgeting. The attached agenda contemplates a review of the budget preparation calendar and a brief staff presentation regarding legislative changes which affect our 1998 budget. The primary focus of the session is under 4), entitled, "City Council Direction to Staff for 1998 Budget". The staff seeks the Council's thinking on Council salaries, new City programs, existing program priorities and other concerns. With this information, the staff will be better able to prepare a budget which is responsive to the Council's policy direction. H:\CMANAGER\MEMO\BSTUD97. DOC AGENDA BUDGET STUDY SESSION I June 16, 1997 5:30 p.m. 1) CALL TO ORDER 2) BUDGET PREPARATION CALENDAR (Attachment I) 3) BUDGETING CLIMATE . Compression of Classification Rates (Attachment 2) . LGA, RACA and Performance Aid (Attachment 3) . Valuation Growth Estimates . Comparison of Levy Limits to Established Council Spending Limits (Attachment 4) 4) CITY COUNCIL DIRECTION TO STAFF FOR 1998 BUDGET . Council Salaries (Attachment 5) . Existing Program Priorities (Attachment 6) . New Programs . Other Direction 5) ADJOURN 7:00 p.m. R:iCOUNCILiAGENDASiBUSTUD97. DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Prior Lake 1998 OPERATING BUDGET ~ ~ . r -~~\.~'~\~.~...." Timetable & Process for Completion City Council formal approval of budget timetable. Distribution of budget aids and timetable. June 16, 1997 Council input of Budget Programs & Priorities (Workshop #1 - 5:30 p.m.)) Department heads conduct 1998 needs and June 18, 1997 Deadline for submission to Finance. June 23-27, 1997 Budget information consolidated by Finance. June 30 - July 11, 1997 City Manager confers & reviews with each department head. July 14-25, 1997 Budget draft & documentation is prepared. August 1, 1997 City receives information from State Department of Revenue on HACA and local government aids. August 11, 1997 Council workshop on budget draft. (Workshop #2 - 5:30 p.m.) September 2, 1997 Resolution adopting proposed budget and authorizing proposed property tax. September 3, 1997 "Proposed Tax Levy Certification" to Scott County Auditor. September 8-26, 1997 Department refinement by City Manager, Finance Director and Department Heads. October 1-15, 1997 Final draft Manager's budget. November 7-21, 1997 County mails truth-in-taxation notices. December 1, 1997 Council workshop on final budget (Optional Workshop #3 - 5:30 TNT Budget Public Hearing - 6:00 p.m. TNT Budget Public Budget adoption & Final 1998 Property Tax Levy Approval. December 30, 1997 Statutory deadline to file tax certification with Scott County Auditor's Office. H;\BUDGEnBUDTlME.DOC A-t-~,^~~ 2- .. CLASS RATE CHANGES 1997 OMNIBUS TAX BILL Property Type Current Law New Law Homestead First Tier < $72,000; 1.0 percent class < $75,000; 1.0 percent rate class rate Homestead Second Tier > $72,000; 2.0 percent class > $75,000; 1.85 percent rate class rate CommerciallIndustrial < $100,000; 3.0 percent < $150,000; 2.7 percent First Tier class rate class rate Commercial/Industrial > $100,000; 4.6 percent > $150,000; 4.0 percent Second Tier class rate class rate Apartments With 3 Units 2.3 percent class rate 2.1 percent class rate or Less Apartments With 4 Units 3.4 percent class rate 2.9 percent class rate or More Cabins First Tier < $72,000; 1.5 percent class < $75,000; 1.4 percent rate class rate Cabins Second Tier > $72,000; 2.5 percent class > $75,000; 2.5 percent rate class rate RGR:jjp:Il993_1.W5h '....;... 1'\ (\ ~ I, 1\ '--I '. , I I'" <t: \, .L., i ~ S n \'V\. 0-:\ t:::C\ L c.... It- ~ I Porter Preston Princeton I Prins burg I Prior Lake I Proctor !auamba I Racine Ramsev Randall Randoloh I Ranier I Ravmond Red Lake Falls Red Wine Redwood Falls IRe al Remer Renville I Revere Rice Richfield I Richmond Richville Estimated LGA 1997 1998 Change LGA LGA 1997-1998 36.187 ' 36.922 : 735: 306.382 . 316.016 9,634, 395.843 . 399,403 i 3.560 ' I 84,267 . 86,506 : 2,239' 27,273; 27.2731 01 I 444.515, 459.452 ' 14,937' I 2.619' 2.891. 272: I 16.429 ! 17,1131 684: I 329,845, 336.747' 6.902 ~ I 52.634 54.364 i 1,730: I 9.564, 9.895, 331 I 18.045 . 18.562 ~ 517' I 1 09.465 112.535 ' 3.070' I 357.104 367.291 . 10.187' 37.920 37.920 i 0: 982.913 1.008.757 25,844. 721 834 113, 49,753. 51,535 1,782 ' 280.762 292,934 12. 1 72 21.713 22. 117 404 18.729 20.467 1.738 3,361,777 3,417.942 56.165 111.830 115.100 3.270 3.568 3,873, 305 Riverton I 9.974 9.974 0 Robbinsdate I 1,613.340 1,648.329 34.989 . Rochester I 6,115.331 6.111.083 (4,248) Rock Creek I 34.818 40,519 i 5.701 Rockford I 299.641 305.732 6.091 Rockville 34,450 36,474, 2.024. Racers 648 7.382 6.734 Rollinqstone 57,093 58.935 1,842 Ronnebv 1.270 1.442. 172 ~ Roosevelt 3,909 4.251 342 Roscoe 6.344 6.933 589 Rose Creek 56.417 56,907. 490 Roseau 267.4n 280.215, 12.738 i Rosemount 383.1]~_L 379.500 ' . {3-,-613J Roseville 67,984. '9(7951 2~,811 -.- ._--- -~.__.._-~ S9~sa~_____ _ _ _ 56.434... 57,835:' 1,401 : Round Lake ..- 35,181 . 3ifi23i' 1',042 ; --.---.-.- '60,3051' n. 3.087: Rovalton 57,218, Rush Citv- 216.966 i 22if184"'- 12.218-1 Rushford 206,459 ! 214,317L 2,85.8-1 Rushford Villaae _ 33,56~.. 34,329 I 768i ._--~-- --1 Rushmore _. 50,001 . 51,379: 1,3781 --- -r- ---....~ Russell 86,828 : 88,821 I 1.993 I Ruthton 49,585 I . . ~=~0,8~5+.. t2s01 Rutled~____ __ 1,7291 __ 2..!.1~~ __ 4)~J f- - ------ ---. Sabin .. 29,397 ' 30,572 i 1,175: Sacred Heart ___ f-- 155,326 1-58,z~.'_. .~,4 ~D ;--_. -- ---,.- Sanborn 69,715 ; ?2,1-~_h' ~.~9~ ----~ Sandstone 296,817 ! ._~9,968_1. 1~,1511 Sargeant 4,579: .__4!6"!..~l- .. . __69..; - --- -- ..-- Sartell 253,37~ - 261,495 I 8,123: Sauk Centr~ _._ ___._. - __I78!~~~ ~3!.1~ 1~!b29J Sauk_8apids 1,047.:! 1::?4;_ 1,O?1,5@.3 ; 24,459 : 1997 HACA Estimated 1998 HACA HACA ! Change : : 1997-1998: ,. ...'\ : Estimated ! 1998 LPA 262 1,951 4,842 635 16,647 3,826 166 401 20,040 737 436 247 847 1,884 19.909 6.510 61 437 1,750 14' 846 44,680 1.326 156 156 18,013 97.075 1 ,409 3,768 796 1.527 935 66 230 176 483 3.411 I 14,862 r'-' -- , i 43.038 t- .'_. .559 ~__ ___ 597 f---- ~~~;~ :.. ~. -_2,035 . F=--~i ~_.._. -~1~' ~-~..?,~;~ I 98 ~. '~'. . .~:6n, I 4,752 11 ,686 June 4, 1997 P 13 6.033 i 6,033 O. 123.987 124,056 69 180.174 180.231 57 35,485 35,485 . 0 : 901,135 905.681 , 4,546 i 203.325 203.393. 68, 1.191 1.191. 01 10.770' 10.770: 0; 505.676, 505,713; 37 20.254. 20.257 I 31 9.234 9.234: 0, 2.133 2.160 ' 27 ' 39.566 39.566 0; 140.680 140.680 0 ' 1.188.157 1,188.680 523 355.180 355.180 0, , ,424 1.424 0 14,222 14.365 143 121.304 121.904 0 6.407 6.407 0 i 23.532 23.557 25 1.848.733 1,848.733 0 64.968 65,027 59 1.910 1.910 01 4.854 5.193 339 897.072 897.072 0 4.370.077 4.370.769 692 33.720 34.226 506 115.345 115.345 0 21.286 21.286 0 20.434 20.434 0 46.391 46.391 0 1 .288 1 .288 0 . 548 551 3 4.709 4,709 0' 22.213 22.213 0; 138.383 138.383 0 I 1__550}1:?~_5EQ,R3 : 0 i ! .-1.,J51.015 1.7?1,)24 1091 L. _ __?1.?24 2~,_524 , __~; I~---~~~~-~~~~:~-~~:~~~ ~- ==~- ~l L ._-I.~3;31..__._72,3~i3._ ..____~ I 103,014 103.014, 0: r-- -'46,639'~---4(f691-------s2i l=::)i~f~~1!!~-: ~J f.-~=~~:~~~ ,jU~~: .::.- ~j 1_. ~8!.111_,. _ }l3.J..~~. ___._._._1-51 ~ "d_2~~~;3 ~ _ . 2_,3~3.;. _ ___ ~ 1...~85.~q91... . 285.3~8_..___ n_28) ,.__ 25~~~2 ~ _ .1E.~.401 ~_ "_ ~ j , 346.085 346,087 2. INTEROFFICE MEMORANDUM TO: FROM: RE: DATE: ~ t~ "';"~tC_~i (.L.-~"".~ r,- Frank Boyles, City Manager Ralph Teschner, Finance Director Est. Levy Limit Increase Calculation May 19, 1997 Outlined below is an estimated maximum levy calculation according to the levy limit formula proposed by the Legislature for taxes payable 1998. Levy Limit Determination: Step #1 1997 Tax Levy + HACA +LGA +LPA = Gross Levy Limit Step #2 - Debt Levy = Levy Limit Base $3,852,948.00 $901,135.00 $16,530.00 $14803.00 $4,785,416.00 <$1.166.760.00> $3,618,656.00 2.5% ~ 6.3% $227,975.00 $71,241.00 $510,445.00 $809~661.00 Under the City Council's zero tax increase position the following tax scenario is projected: Step #3 2.5% IPD (Implicit Price Deflator) plus 3.8% HG (Household Growth) (1995-96 ... 173/4534) = Increase Multiplier $9,687,543.00 $3,435,231.00 $657,943.00 $10,345,486.00 $154,563.00 $78 771.00 5233,334.00 5510,445.00 5743~779.00 .. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Step #4 1998 Budget Levy Limit Increase (Multiply #2 by #3) Step #5 Projected General/CIP Debt Increase Step #6 Referendum Debt Increase Step #7 Maximum Statutory 1998 Levy Increase Step # 1 1997 Tax Capacity Valuation Step #2 1997 Tax Levy (less fiscal disparities) Step #3 Est. 1998 Tax Capacity Valuation Increase (New construction valuation only) Step #4 Est. 1998 Tax Capacity Valuation (unadjusted for inflation) Step #5 Zero % Budget Tax Levy Increase Zero % CIP Tax Levy Increase 1998 Zero % Total Tax Levy Increase Step #6 Referendum Debt Increase Step #7 .. Maximum Council 1998 Levy Increase H:\BUOOETlMEMTAX98.DOC -. i:" - /_.. /~.- . - Auociation of Metropolitan Municipalitie~ 1997 Elected Officials survey r J -i ~ r i . ~ 145 University Avenue West, Saint Paul, Minnesota 55103-2044 Telephone: (612) 215-4000 · Fax: (612) 281-1299 · E-mail: AsocMetMun@aol.com CITI[:S ~ITH pOPULATION FROM 10~000 TO 20,000 POPUlA TION REG. SPECIAL ANNUAL MAYOR SALARY ANNUAL COUNCIL SALARY .'. .'. 1995 ESTIMATE PER MTG.I MTG. MUNICIPALITY METRO COUNCIL MONTH I 1997 1996 1m ~.mz 1m llti Anoka 17,533 2 20 4,200 4,200 4,200 3,570 3,570 3,570 Champlin 19,154 2 . 4,976 5,345 4,976 3,971 4,297 3,971 Chanhassen 14,316 2+ 0 . 6,000 6,000 . 4,800 4,800 Chaska 14,000 3-Feb 0 4,500 4,500 4,500 3,600 3,600 3,600 Columbia Heights 18,681 2 0 9,000 9,000 9,000 7,800 7,800 7,800 Ham lake 10,243 2 . 4,700 . . 4,000 . . Hastings 16,392 2 . 6,600 4,800 400 4,800 3,600 300 Hopkins 16,573 2 . 5,200 5,200 5,200 4,000 4,000 4,000 Uno lakes 13,097 2 40/mtg up to 4,500 4,500 4,500 3,600 3,600 3,600 2/mo Mendota Heights 10,757 2 . 4,500 3,600 3,600 3,000 2,400 2,400 Mounds View 12,561 3 . 5,100 5,100 . 4,500 4,500 . North st. Paul 12,813 2 . 4,200 4,200 4,200 3,000 3,000 3,000 Prior lake 13,129 2 . 4,200 _~,200 4.200.. 3,000 .a.ooo 3.000 Kamsey 1 tl,l:mtl L 0 o,UUU o,UUO 6,000 4,:>uv "t,uuu 4,:>UO Robbinsdale 14,206 2 0 7,818 7,590 7,590 6,442 6,072 6,072 Rosemount 11,721 2 20 25/out of 4,200 4,200 4,200 3,600 3,600 3,600 town Savage 14,444 2 0 5,100 5,100 5,100 4,200 4,200 4,200 i- Shakopee 13,752 2 . 6,120 6,120 6,120 5,100 5,100 5,100 Stillwater 15,649 2 0 7,200 7,200 7,200 6,000 6,000 6,000 Vadnais Heights 12,342 2 . 5,400 4,800 4,800 4,200 3,600 3,600 West St. Paul 19,421 2 0 4,200 4,620 4,620 3,600 3,960 3,960 Page 6 /:,.A ""._.' 1997 CITY COUNCIL TOP PRIORITY GOALS Adopted February 3, 1997 The following are the City Council's top priorities for completion. They are not listed in priority order. . Complete revision of Zoning Ordinance and Subdivision Code. . Complete Annexation Process as Directed. . Adopt a 1998 General Fund Budget which provides needed services with no tax increase, including general fund and Capital Improvement Program Expenditures. . Update Mission Statement for 1997 and development plan for sharing with community stakeholders. . Receive the following new ordinance: (a) Animal Control . Sell at least two acres of business park property. . Acquire Fire Station II property. . Conduct annual meetings with: School Board, Watershed Board, Townships and Scott County to discuss issues of mutual importance. . Provide direction to Advisory Bodies by meeting with them at least once a year. . Consider completion of Scientific Survey of Prior Lake ta..'Cpayers to receive feedback on city servIces. . Complete update of Personnel Policy for Council consideration. . Implement a two-year program for construction of City entry monuments at all of our City's permanent points of entry. . Conduct a feasibility and cost study to direct capital planning for water system and City build- out. . Formalize a program of Civic Education to Prior Lake youth as part of our City work_ . Examine the cost effectiveness of, City service delivery considering one area each year. . Support efforts by the Economic Development Authority to foster a greater business presence in Prior Lake. c:qoal97.doc REGULAR COUNCIL MEETING MINUTES Date: June 2,1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant City Manager Tremere, Planning Director Rye, Planner Kansier, Public Works Director Ilkka, Public Works Supervisor Hartman and Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: . Councilmember Mader said there should be a change on page four, the first bullet talks about continuing the public hearing to June 2nd, 1997. The top bullet and the bottom one go together. On pages 10, 11, and 12 there were very detailed comments on the minutes. He said following the Mayor's discussion, when the motion was made and seconded, he was told that he had already had opportunity to discuss the matter. He said the minutes should reflect that he had not been allowed to speak.. On page 14, it talks about receiving a letter, he said that it was appropriate to indicate who received the letter. He said it should reflect whether anyone knew anything about the letter concerning annexation. It should be noted that Councilmember Schenck, not Mader, said the letter was from Ernie Peacock. . In reference to page 12, Mayor Andren said that Councilmember Mader should look at the minutes, and should realize what the issues were. If he did not like a decision of the Chair to call the question, he could move a motion to overrule the chair. She said the two issues for Council consideration were the Joint Resolution and the Three Party Agreement. She said there was very little to discuss. He had already stated his position at length that he would not support the agreement and the resolution. . Councilmember Mader said it was difficult to state his position when he was not allowed to speak.. . Mayor Andren said he should familiarize himself with the bylaws in motioning to overrule the chair. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE JUNE 2 CITY COUNCIL MEETING SUBJECT TO REVIEW BY THE CITY 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER June 2, 1997 Prior Lake City Council Meeting Minutes MANAGER TO COMPARE PAGE 12 WITH THE TAPE TO CONFIRM ACCURACY. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, abstention Greenfield, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Animal Warden Reportfor April. e. Consider Approval of Contract for Employee Assistance Program Services to NES. D. Consider Approval of State of Minnesota Department of Natural Resources Local Grants Program Project Agreement for Ponds Athletic Complex Expansion. E. Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth (P.L.A. Y.) F. Consider Approval of Recycling Grant Agreement with Scott County and Schedule 1997 Fall Clean-Up Day. G. Consider Approval of Building Report for April · Councilmember Mader asked for the removal of items 4C and 4G from the Consent Agenda. MOTION BY GREENFIELD SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEMS A, B, D, E, F. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. Mayor Lee Andren, Presentation of Plaque to Retiring Police Chief Dick Powell. . City Manager Boyles thanked Police Chief Dick Powell for his 23 years of service to the City of Prior Lake. Mayor Andren presented the plaque before the Council. Chief Powell was honored in his absence. B. Abdo, Abdo, and Eick 1996 Audit Report and Management Letter . City Manager Boyles introduced the item, a Financial Report and Management Letter as prepared by the certified public accountant firm of Abdo, Abdo and Eick. The audit was conducted in accordance with generally accepted auditing 6297.DOC 2 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes standards and represents an independent opinion of the financial results and status of the City of Prior Lake during the year 1996. . Mr. Eick of Abdo, Abdo, and Eick presented the report. He said they provided analysis in a separate letter. He said pages four and five addressed issues regarding the general fund. The reserve was 30%. He said it was important to point out how it came about. Property taxes, the City's primary revenue source, is received in two payments each year. He said a significant portion of the general fund reserve is needed to finance City operations at the beginning of the year. He said the City needed it there at the beginning of the year to keep things going rather than wait for the arrival of other funds. One question has arisen regarding the increase. The increase of 15.5% over 1995 is that it includes transfers to other funds. He said the City Council met in 1996 to approve 1995 transfers. He said without the transfer, the increase would have been only 7%. He mentioned the firm supports the equipment revolving fund, which helps keep a level budget. He said the City should think about establishing a revolving CIP fund in the future. . Councilmember Greenfield asked about page 21, the legal debt margin, what is the significance of the 2%. . Mr. Eick said the 2% debt amount complied with Minnesota Statutes, and is measured against market value. The general obligation debt is not supported by special assessments or property taxes. . Councilmember Greenfield said would it improve our situation for bond rating? . Finance Director Teschner said approval of the referendum would not affect the City's credit rating by Moody's. At this point in time, the City is scheduling a very aggressive debt retirement schedule. The City's bond rating is quite strong. . Councilmember Kedrowski asked Finance Director Teschner about collecting tax funds for transfer payments to Minnesota Valley Transit Authority. . Finance Director Teschner said the levy on behalf of MVT A will be shown as an expenditure in 1997. . Councilmember Kedrowski said last year at the tax hearing, a number of residents complained that there was a slush fund. . Mayor Andren said the residents who were at the hearing should receive the management report. 3 June 2, 1997 Prior Lake City Council Meeting Minutes MOTION BY KEDROWSKI SECOND BY ANDREN TO DIRECT STAFF TO SEND THE STAFF'S AUDIT REPORT AND MANAGEMENT LETTER TO ALL THOSE WHO ATTENDED THE 1996 TRUTH IN TAXATION HEARING. . Councilrnember Mader said people were not saying there were slush funds. He said there was a discussion of surplus, but he said we should not send out the wrong information to those who were at the hearing. . Councilrnember Kedrowski said it was his impression that people thought money was not being used appropriately, and they should get a copy of the management letter and financial statement. . Councilrnember Greenfield said the City Council might want to express the language of the report in layman's terms, and there should be a letter of clarification. . Mayor Andren said another piece of information is when quarterly budget reports are done, the report describes how all the money is used. Truth in Taxation hearing attendees should have that as well. The calls she received were from people wanting to know why $11 million dollars were sitting there. . Mayor Andren called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilrnember Schenck asked about the 30% reserve and whether it is too much. . Mr. Eick said his firm actually suggests 40-50%. He suggested a larger reserve because of the wait for July tax receipts, because there were very few things the City could delay in its operation. . Councilrnember Schenck asked four or five years from now, what kind of reserve will be required: . Mr. Eick said it depends on revenue sources. He said maybe development will slow down. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE THE 1996 AUDIT AND MANAGEMENT LETTER. 6297.DOC 4 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Don Rye - Issues for City Council Discussion in the Draft Zoning Ordinance. . City Manager Boyles introduced Planning Director Rye's presentation. He said one of the Council's priorities of 1997 was a new zoning ordinance. A draft has been prepared and must be approved as the primary tool in implementing the comprehensive plan. . Planning Director Rye said the Planning Commission has discussed each of the proposed zoning districts in the draft ordinance. He said agricultural was unchanged, as was the R-l and R-2. The R-3 was new medium density to provide a range of housing with single family and townhomes, consistent with site characteristics. The uses have been expanded. He said there were those permitted outright, those met by certain conditions, conditional uses, and accessory uses. He said the C-2 community business is intended to be commercial. The C-3 specialty district is just for downtown. It is different from those that either have been developed or will be developed. The C-4 general business district is wide ranging in terms of land use. It doesn't go into as heavy commercial land uses. C-5 is unchanged. Shore land will remain as is, He said in the course of putting the draft ordinance together, there are a number of things that are different enough that the Council needs to be aware of it. . There is a provision that requires new developments to provide for pedestrian access to the City trail system whenever possible. . There was a suggestion that bed and breakfast be permitted. There were commercial uses in high density residential as mixed PUD, not as permitted uses. He said there was a proposal to consider regulation of boat and trailer storage. The Planning Commission is recommending an Hours of Operation limit in business districts. . Councilmember Kedrowski said there was a concern with existing districts, trying to limit their hours. . Planning Director Rye said in the neighborhood business district, they are suggesting a limitation of individual land uses to go down to 10,000 square feet so it doesn't have such an impact on nearby properties. Currently the maximum lot coverage is 35% and they are recommending 50%. 5 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmember Kedrowski asked whether anything In terms of design or materials was being regulated. . Planning Director Rye said if they wanted design regulation, they were looking at an architectural review committee. The PUD process is significantly restructured. The current PUD has some aspects of zoning, and some aspects of conditional uses. The PUD imposes a process of review and approval. The Planning Commission is suggesting that certificate of occupancy be required for changes in tenant. There was a suggestion that nonconforming signs and lighting for parking be brought into compliance. The Planning Commission will try to utilize illustrations in the ordinance to make it more understandable for people unfamiliar with ordinance language. . Mayor Andren asked about the time frame for public hearings on this issue. . Planning Director Rye said there was a meeting next week. He will need maybe two more review sessions, and it will be the middle of July for public hearings. . Councilmember Kedrowski asked if the EDA would review the zoning ordinance in relation to business issues. . Planning Director Rye said anyone who wants to review it is encouraged. The greater impact is on new commercial and industrial development. . Councilmember Kedrowski said the draft ordinance summary should be forwarded to the EDA. . Councilmember Mader asked if requiring a combination of substandard lots in the Lakeshore District is already a requirement. . Planning Director Rye said under current ordinance, all they have to do is transfer a parcel. . Councilmember Mader asked if that would restrict the property owner from being able to sell: . Planning Director Rye said if the parcels are in common ownership, they must be retained in common ownership. . Councilmember Mader asked if the City would have problems if it assessed substandard lots as individual buildable lots. 6 June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmemer Mader referred to boat and trailer storage. He said there is an issue on the agenda regarding parking. There is a substantial amount of parking on the streets. A number of people said they don't appreciate having their streets lined with boat trailers. He said they should do something to satisfy citizen concern. 6. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of Vacation of Holly Circle . Mayor Andren called the public hearing to order at 8:35 p.m. . City Manager Boyles introduced the item. The City received a petition from Eagle Creek Villas and Joseph Knoblauch to vacate the platted right-of-way for Holly Circle located on the south side of Cates Street, west of Albany Avenue and east of CJ Circle. Because the City was petitioned the vacation can be approved by majority vote The purpose of the hearing is to determine whether there is a public interest in the property. . Mayor Andren noted that there were no members of the public that wished to speak. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT RESOLUTION 97-47 APPROVING THE VACATION OF HOLLY CIRCLE AND THE INDIVIDUAL LOT EASEMENTS AS REQUESTED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Mader said he was unfamiliar with the area. He said State Statute said they could carry out a vacation of property if it was in the Public Interest to do so. He said what is the public interest in vacating the right-of-way. . Planning Coordinator Kansier said the road right of way is not in use or needed and a utility easement covers the drainage. 6297.DOC 7 6297.DOC June 2. 1997 Prior Lake City Council Meeting Minutes . Councilmember Mader said the statute doesn't indicate whether the City has a use. He said if it is in the public interest to do so, what is the public interest? He asked who will the property go to if they vacate it? . Planning Coordinator Kansier said to the adjacent property owners. . Councilmember Mader asked whether the City owning it prevented development. . Planning Coordinator Kansier said the typography prevented development because there was a creek and to try to build through it would be prohibitive. . Councilmember Mader said doesn't it mean that no one will develop it. . Planning Coordinator Kansier said by vacating it, the property owners will be able to utilize the lots. . Councilmember Mader asked ifthe two issues were tied together. . Planning Coordinator Kansier said yes. . Mayor Andren asked whether the staffhad received any public comments. . Planning Coordinator Kansier said they had not. . Mayor Andren asked whether there was anything constructed on the property. . Planning Coordinator Kansier said it was platted in 1977 but no building has occurred. . Mayor Andren said there must have been some type of plan to extend or use it in some way. Is there later on going to be a road? . Planning Director Rye said that this parcel is likely to become part of a development to the south to be considered later on the agenda and access to the southern portion will be from the south. . Mayor Andren said they had determined that there is no City need now or in the future for the area to be vacated. . Mayor Andren called the question. 8 June 2, 1997 Prior Lake City Council Meeting Minutes Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 7. OLD BUSINESS: 6297.DOC A. Consider Approval of Request by Maple Hills HOAfor Sewer and Water Project. . City Manager Boyles introduced the item, which was tabled at the April 21 meeting, in order to stake the road way from Pike Lake Trail to the terminus of both roads, inventory any and all trees to be lost as a result of a 20 foot roadway width, and to have the Fire Chief survey the roadway to determine steps necessary for compliance with the Uniform Fire Code. . Fire Chief Chromy said upon reviewing the roadways, there are areas where trees need to be removed. For example, at the comer of Embassy and Mitonka Circle one would have to be removed. Mr. Borhave would remove two trees. There are few mature trees that would need to be removed. The turnaround is adequate with the improvements that Chromy has asked to be made. . Mayor Andren Lee said that means Mr. Borhave will comply with the Fire Code. . Fire Chief Chromy said everything will be a minimum of 20 feet apart. . Councilmember Schenck asked if they also looked at overhang problems. . Fire Chief Chromy said the overhang was caused by immature growth which would be removed as part of the project. . City Engineer Ilkka said with regard to water and sewer installation, using generally accepted construction techniques, there is potential for root damage but the risk is minimal. The price using boring for sewer installation for sanitary sewer increases costs by 15-20%. He understands the property owners desires to save money, but the ten foot standard distance should be maintained. With 10 foot separation, it would reduce potential for City maintenance liabilities. . Councilmember Mader asked if City Engineer Ilkka could give him a perspective. He said the fire code issue has been resolved nicely. But when they get to the question of 6 or 10 feet, separation and go to higher strength sewer pipe to save trees, wouldn't this be as good from a safety concern? . Public Works Director Ilkka said the proposed increase in pipe strength was good for sewer. The safety issue occurs in City maintenance of the system. 9 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes . Public Works Supervisor Hartman said from his perspective the more room he has to work with the better. He stated that breaks occur in freezing weather. Digging takes place in soil saturated with water. He said the 10 foot separation does not always exist once installed. He said the pipes do not exactly parallel each other. He said he would not want any less than 10 foot separation. . Councilmember Mader said Public Works Supervisor Hartman indicated that there was sometimes less than ten feet, but the report said there was not. He said he was sure that sewer and water failure did not happen every day. Knowing that the area wanted to preserve the trees, he said looking at the sketch, if they go the full ten feet, they wi11lose more trees. He supports the six foot separation. . Mayor Andren asked if safety risks were created by maintaining less than a 10 foot separation. She said she was unaware of any developers in Prior Lake which deviated from the 10 foot separation. She said she respected that people wanted to save the trees. She would not like to put City maintenance workers at risk. The City Council adopted a design manual, and the 10 foot specifications are in there. This is an equity/precedent concern. . Public Works Supervisor Hartman said those are all concerns. He said developers and construction crews did not work in the same conditions as the public works maintenance. Decreasing separation complicated things. He said the precedence is a big concern. He said it would be more complicated, expend more time, and cost more if less separation was approved. . Councilmember Schenck asked whether breaks typically take place in winter. . Public Works Supervisor Hartman said there was soil movement due to frost, and they could be out there fixing a break when it was 20 below zero, and wanted to get in and out as fast as possible. . Councilmember Schenck said what 1S potential for sewer water leaking into drinking water. . Public Works Supervisor Hartman said it exists, but has been addressed with stronger pipe. . Councilmember Schenck said how many more trees with 10 foot separation. . Public Works Director Ilkka said they were not talking about more than half dozen. 10 June 2, 1997 Prior Lake City Council Meeting Minutes . Mayor Andren asked what is the potential for root damage if the separation is six feet rather than ten. . Councilmember Mader said sketch for construction shows the excavation starting at 20 feet which means some excavation would be started at the trunk of the tree. If the excavation was started at 16 feet or less, that may allow salvaging trees. Excavating right at the trunk would not. 6297.00c . Mr. Boerhave said in addition to talking safety the homeowners are also concerned about cost. He said he'd like to keep the cost low, because they don't like to spend money if unwarranted. The system they want is acceptable. Safety is a non-issue. There will be an as-built so they can find the pipes. It is not some big mystery . . Councilmember Greenfield asked about Mr. Boerhave's expenence with installation and repair of sewer and water pipes. . Mr. Borhave said none except for many years ago, and the staff was trying to paint a disastrous picture because they want the City Council to act as they wanted. He said they were concerned with safety. He said a compromise would be a six foot separation, one trip through with an eight foot wide box. This would give a trench. He said as far as a watermain break, City water would not be contaminated. The State Board of Health and MPCA approved a two foot separation. There are tough situations which economically less separation makes sense. He said the Council should approve alternative 2 in the staff report, and the neighborhood has satisfied the fire code. . Mayor Andren said the recommendation was for alternative no. 1. . Mr. Borhave said to do the initial construction, he is recommending alternative number 2. He said if they go through with a six foot separation, they can get the project built to everyone's satisfaction. . Councilmember Mader said his recollection was there were the issue of the fire safety and the water and sewer pipe separation. At that time, there was a disparity as to the number of trees to be lost. The first time there was no compromise on the fire safety. It sounds like if we go with alternative one, they are right back to alternative one, why did we waste the time? . Mr. Borhave said it was his understanding that they were headed toward a compromise. He said the only issue was the variation from the standard. 11 6297.00c June 2. 1997 Prior Lake City Council Meeting Minutes . Public Works Director Ilkka said that he wanted to address the issue of the trees. He said the developer was mostly trying to save himself and the association money. The staff and association did not waste time. . Councilmember Schenck asked about the increased quality of the pipe. . Public Works Director Ilkka said it will help prevent the cross-contamination. . Mayor Andren said once the proposer puts the project in, the City has to maintain it. She said the project would be substandard if done at less than 10 foot separation. She said if she were coming into the City to build she would want to reduce costs. If this gets a variance in separation and her project didn't the City would be sued. She said it is public money and time invested in maintaining the system. The tree loss is significantly reduced from the last time we talked about it. This is an equity issue. . Councilmember Kedrowski recognized Mr. Borhave, who asked for the definition of substandard. Other than the variance from 6 to 10 feet, it is not substandard. . Mayor Andren asked City Attorney Brokl if there was potential for an equity Issue. . City Attorney Brokl indicated that there was. . Mr. Borhave said it is an acceptable design. He said Public Works Director Ilkka won't make a call because he wants the City Council to make the call. He won't admit it is not substandard. . Councilmember Kedrowski said his recollection from the meeting was fire and safety issue and tree inventory. He said he did not see a tree inventory. He said they were led to believe there was significant tree loss. He said it was 12 trees at the most and they resolved the fire and safety issue. He was not an expert and he will go with recommendation number one. . Councilmember Greenfield asked Public Works Director Ilkka if he could be flexible with widths. . Public Works Director Ilkka said in the field things vary, if they start with an eight foot, they could end up with a five foot separation. If they start with a ten foot there may be places where the separation is less. 12 ---------.----- - 6297. DOC June 2. 1997 Prior Lake City Council Meeting Minutes . Councilmember Greenfield said so there is an opportunity to consciously go down to less than ten feet to accommodate the trees. . Public Works Director Ilkka said his recommendation was ten feet but that such issues could be addressed in the field. . Councilmember Mader said he was puzzled about precedent because the City has varied from ordinances. He said if there is no ordinance, precedence may become a criteria, but if there is deviation it does not. He said he thinks they should allow the Maple Hills HOA latitude. . City Attorney Brokl said there is a difference between a precedence of ordinance. The concept of precedence still exists. . Mayor Andren' said when they do that they have a hardship criteria. In this instance there was an equity issue. There is no hardship criteria. This would be on the record in our design manual. It applies to everyone in the city. Everyone has abided by that. . City Attorney Brokl said if such an issue went to court, the outcome of the case would likely depend on the record of the proceeding. . Mayor Andren said court proceedings would use public time and money. She said precedent, maintenance, and equity is important in this case. The City runs by certain standards. MOTION MADER TO APPROVE ALTERNATIVE 2 AS DEFINED IN THE STAFF AGENDA REPORT. . Motion was lost for lack of a second. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ALTERNATIVE NO.1 DIRECT PROJECT SPONSOR TO COMPLY WITH THE FIRE CODE REQUIREMENTS AS INTERPRETED BY THE FIRE CHIEF AND TO COMPLY WITH THE CITY STANDARDS FOR UTILITY CONSTRUCTION TO THE BEST OF THEIR ABILITY USING COMMON CONSTRUCTION TECHNIQUES AND AS APPROVED BY THE CITY ENGINEER. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. 13 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes B. Consider Approval of Resolutions 97-43 and 97-44 Approving Plans and Specifications for CSAH 21 and CSAH 42 Improvements and Approval of the Cooperative Agreements with Scott County and Resolutions 97-45 and 97-46 Authorizing Parking Restrictions on CSAH 21 and CSAH 42. Project. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTIONS 97-43 AND 97-44 APPROVING PLANS AND SPECIFICATIONS FOR CSAH 21 AND CSAH 42 IMPROVEMENTS AND APPROVAL OF THE COOPERATIVE AGREEMENTS WITH SCOTT COUNTY AND RESOLUTIONS 97-45 AND 97-46 AUTHORIZING PARKING RESTRICTIONS ON CSAH 21 AND CSAH 42. . City Manager Boyles introduced the item. Improvements contemplated to CSAH 21 and CSAH 42 are included in the approved Capital Improvement Program. The CSAH 21 plan is for construction of a four lane urban roadway from CR 82 to CSAH 42. The CSAH 42 plan is for a four lane rural roadway with an 8' bituminous bike trail on the south side. Sanitary sewer and watermain will be installed. A regional water quality pond is proposed north of CSAH 42 and west of Pike Lake Trail. The original pond concept included acquisition of 18.5 acres ofland to construct the pond. Parking will not be possible on CSAH 21 or 42 as the proposed width does not meet MnDOT minimum standards for a four lane road. . City Manager Boyles said the County is seeking City responsibility for ongoing maintenance of N.U.R.P. ponds. That issue will be reviewed by staff and considered by the Council at a later date as a separate issue. . Councilmember Mader said he had a couple of questions. He said a month ago they decided to use a single pond. At that time, the NURP pond was going to be around $200,000. He said he noticed in the report that county agreed to contribute all money for construction ponds associated with the project. . Public Works Director Ikka said the agreement provided the City with a $76,000 credit only under scenario of CSAH 42 being improved. . Councilmember Mader asked if all financial requirements for the CSAH 21 project was bonded. . Public Works Director Ilkka said the balance of funding required was out of trunk reserve. Bonding costs are with utilities installations. 14 June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmember Mader asked if he were to go back and look at the numbers, how close are they to original estimate? . Public Works Director Ilkka said they are all in the ball park and actually less than the earlier estimates. . Mayor Andren called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: 6297.DOC A. Consider Petition for No Parking signs on Eagle Creek Ave. S.E. and Lakeside Ave. . City Manager Boyles introduced the item. The City received a petition for "No Parking" signs on Eagle Creek Avenue SE and Lakeside Avenue. The request is to install "No Parking" signs until such time as "Resident Only Parking" signs and resident stickers for vehicles are available. The petition raises the question of whether or not the City should have a "Permit Parking Only" policy, and if so, what circumstances or criteria would warrant the creation and posting of such a zone. Staff is recommending denial of the request in the petition and that the City should not establish a "Permit Parking Only" policy by ordinance. He said he had the opportunity to review these types of parking permits. He said they were concerned about precedence. . Petitioner said he would like to go last. He said he wanted to clarify that they were petitioning for no-parking signs until the City could investigate no parking permits. They are concerned with the traffic flow the safety and welfare. He said the roadway was 24 feet. He said the easiest way to deal with their concerns is no parking and that would be their issue. He was hoping they could eventually get permit parking. There are 16 affected homes, and the signatures on the petitions are unammous. . Mayor Andren said it seemed pretty reasonable to her. She said they should investigate no parking, and the staff should come up with ordinance criteria. . Council recognized Chris Anderson of 16020 Eagle Creek Avenue, who said they have anywhere from 500 to 1000 strangers walking around. He said they were camping out overnight. 15 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmember Kedrowski asked if they were sleeping in vehicles. . Mr. Anderson said yes . Councilmember Schenck clarified that resident's driveway could support his own vehicles. He said it would just shift the problem further down. He said they might consider no parking during a certain time period. . Council recognized Beth Graser of 16707 Eagle Creek Avenue. She said they like to park there too. She asked if the City could create a parking lot. She said the access is public access, and that creates a problem. . Councilmember Schenck said the West Avenue access is used for water rescue. . Jim Space said the area she is referring to is all the way from the Sportsman's access. On W est Avenue, there were two other accesses, totally undeveloped and there was not a home on the Lakefront Park side of West Avenue. . Ms. Graser said a lot of the kids are not supervised. There should be proper parking for the City Park that was developed. . The Mayor recognized Debbie Humphrey of Lakeside Avenue who spoke on behalf of her mother in-law who lived at 16000 Eagle Creek. She said people asked to use the bathroom, and were parking in her driveway and on the property. She said it was a danger. She said the police did not need to be called day and night about this issue. . The Mayor recognized Bonnie Kenner of 16044 Eagle Creek Avenue. She said she was very happy to be here. She said she came here from St. Paul and thought she was moving into a nice suburban area. This situation does not work. She asked if the Council is going to do something about this. . The Mayor recognized Kevin Bergstrom of 16300 Eagle Creek Avenue. The report does not address the issue of safety. Allowing parking deprives homeowners of the right to emergency vehicles. How does it affect property value, safety and welfare of children. He said it creates a garbage problem as well. . The Mayor recognized Kathy Space of 16094 Eagle Creek Avenue. The problem was created in making the park without making parking. 16 June 2. /997 Prior Lake City Council Meeting Minutes . Mr. Space said the parking problem could be corrected. He said he wanted to address that there is a 24 foot wide street that does not meet the fire code with all of the cars parked on it. . Councilmember Mader said he heard a lot of problems. He did not know how much of the problem would be resolved without having a parking lot. . Mr. Space said that the problem was not there before the park. . Mayor Andren said she knows there is a problem and it continues to get worse. It increased with the park. She said first there should be no parking signs, and it should be investigated for permit parking. She said there is a public park and it is public access. There should be parking provided so it does not impact the residential zone. She said staff should investigate a possible location of a parking lot and should contact the DNR and ask if they would like to participate in the cost. She said DNR mandates access. No parking does not do any good if the penalties are not stiff, and parking problems should be about $50.00 each. That would discourage many people very quickly. MOTION BY ANDREN SECOND BY KEDROWSKI TO INSTALL NO PARKING SIGNS ALONG EAGLE CREEK AND LAKESIDE AVENUES, PROVIDE A PARKING LOT SINCE THE CITY PROVIDED THE PARK, CONTACT THE DNR TO ASK IF THEY WOULD LIKE TO PARTICIPATE IN COST, INvESTIGATE POSSIBILITY OF INCREASING THE COST OF THE PARKING FINE, INVESTIGATE PERMIT PARKING, AND EMPTY GARBAGE FREQUENTLY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Mader said since the report came from Director of Public Works, he wanted to hear from him . Public Works Director Ilkka said that at the time of the report, he was unaware of the specifics of the issue. MOTION BY GREENFIELD SECOND BY ANDREN TO DIRECT STAFF TO INCREASE POLICE PATROL AND ENFORCEMENT EFFORTS, DURING HOURS OF FISHING AND LOITERING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 6297.DOC 17 6297.DOC June 2, 1997 Prior Lake City Council Meeting Minutes . Councilmember Kedrowski asked about the time line for no parking SIgn installation. . Mayor Andren said the Public Works Director says 7 days and Jim Space is the contact for the neighborhood. B. Consider Approval of Eagle Creek Villas Schematic PUD plan. . City Manager Boyles introduced the item. The purpose of the item is to consider approval of the schematic PUD to add approximately one acre of land to the original site and to allow the construction of a 61 unit assisted living facility and a 28 unit market rate senior rental building on the vacant portion of the Priorview PUD. Eagle Creek Villas has submitted an application for an amendment to the Priorview PUD. The schematic plan which allowed 106 units was originally approved in 1992. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE EAGLE CREEK VILLAS SCHEMATIC PUD. . Councilmember Greenfield said he was concerned with the overall density. He asked if Planning Coordinator Kansier would elaborate on the density. . Planning Coordinator Kansier said the original Priorview PUD consisted of 17.5 acres with 106 units. To date, 68 are constructed. This project proposes to eliminate those and replace with one 61 and one 28 unit building. The density of the new area runs 9.3 per acre. The density in the plan comes to 8.5 units per acre. The comp plan designates a portion of the property as high density and a portion as low density R-l. . Councilmember Mader said they were talking about a PUD that was not consistent with the Comprehensive Plan. . Planning Coordinator Kansier said they would be approving the concept only. They would amend the comp plan to show this area as high density residential. . Councilmember Mader said he was nervous about changing ordinances and the comp plan because of a petition. He said why would we not go with the original comp plan or amend the plan by Public Hearing before acting on the PUD. . Councilmember Kedrowski said that is interesting, but he assumes this is a staff recommendation to the developer. 18 " June 2. 1997 Prior Lake City Council Meeting Minutes . Mayor Andren said they had a number of these over the years . This PUD has had numerous proposed changes. What she is seeing is someone is making a senior citizen assisted living complex. The developer wants to know if it is worthy enough to the community to amend the comp plan so seniors will have additional places to live in Prior Lake . Planning Coordinator Kansier concurred. . Mayor Andren said there was one person at the public hearing. She said one of the things the City does not have is an assisted living facility. That is one thing people have been asking for for years. She said the comp plan should be changed. . The Mayor recognized Deb Rose of 7725 Jennifer Lane. She said they had been before the Council before . The services to each senior could be on a fee for service basis. The additional piece was senior independent housing. This is a continuum of care. With the market study, there is a zero availability for this type of care. The minimum wait for such units is 9 months. . Councilmember Greenfield said as a concept plan, it is a good opportunity for seniors and jobs in community. . Councilmember Kedrowski said this serves a void. The PUD has never been completed, it has been partially developed. This proposal affords closure, the schematic agrees with it. . Councilmember Mader said he had two comments. He supported the facility for senior citizens. The main concern was are they adding enough land and are they crowding the other development. . Planning Director Rye said the original PUD contemplated disturbed more land than current one. There were 38 units to be built under the old proposal. The original proposal was two larger buildings instead of one. . Deb Rose said in relationship to assisted living and density, the units from 400 to 937 square feet. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. c. Consider approval of Concurrent Detachment / Annexation for CSAH 42 and TH 13 with the City of Savage. 6297.DOC 19 June 2. 1997 Prior Lake City Council Meeting Minutes . City Manager Boyles introduced the item. The purpose of the item is to consider approval of a Joint Resolution which approves detachment of approximately 6 acres of land from the City of Prior Lake between the center line of CSAH 42 and its northerly right-of-way line to be concurrently annexed to the City of Savage. It approves the detachment of 10.5 acres of land from the City of Prior Lake located between the center line of TH 13 and its easterly right-of-way line to be concurrently annexed to the City of Savage. State aid funding will not be impacted. There is a potential for a cost savings in the event of TH 13 improvements. Staff recommends approval of the resolution. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-47 APPROVING THE CONCURRENT DETACHMENT/ ANNEXATION FOR CSAH 42 AND TH 13 WITH THE CITY OF SAVAGE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 9. ITEMS REMOVED FROM CONSENT AGENDA A. Consider Approval of Contract for Employee Assistance Program Services to NES.(Item 4C) . Councilmember Mader asked about NES. He said dealing with employee assistance it is good, but when dealing with confidentiality, it does not seem to be a good deal. He said there is no indemnification of the City in the agreement. . City Manager Boyles said the issue of liability was a good question. He said he would have to research the liability question. . Councilmember Mader said he did not object to Employee Assistance, but it was with an organization that was not subject to the same laws, and that was a liability concern. MOTION BY MADER SECOND BY SCHENCK TO TABLE THE ITEM UNTIL ALTERNATIVE SERVICE WAS INVESTIGATED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Building Report for April (Item 4G) 6297.DOC 20 June 2. 1997 Prior Lake City Council Meeting Minutes . Councilmember Mader said he was interested in the building permit reports. He said on the number of building permits to date, the declared value for April looks very low. . City Manager Boyles pointed out the columns addressing the month only and year to date difference on the report. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE BUILDING REPORT FOR APRIL. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 10. Other business . Councilmember Mader said on Highway 13 and Candy Cove, it looks like a used car lot. . Assistant City Manager Boyles said it is a MnDOT right of way and signs are on order prohibiting reading at this location. . Councilmember Mader said secondly his comments clarifying minutes were misunderstood. He said the Council should err on the side of courtesy. He stated that for the first time he borrowed a tape and he was unable to hear it welL . Mayor Andren said on the issue of parliamentary procedure, it is on record in the City council bylaws . As a Councilmember he can use certain parliamentary procedures . She said he could utilize bylaws. He should be familiar with them and use them. . Councilmember Mader said he had a set of Robert's Rules of Order. He said the bylaws don't comply with it. . Mayor Andren said look at the bylaws, the chair has the right to recognize speakers. She said he could move a motion, second and appeal the Chair. There would be discussion and the question would be called. She said Spring Lake had a Public Hearing on the issue. It is one thing to have discussion and another to have a City Council business meeting opened up as a war zone. She said they agreed they would send over recommendations to Spring Lake Board. The Board was going to take hearing testimony and then send comments to us. This was a property owner who initiated a petition for Annexation, and proposed with the Township Board a joint resolution. There were two processes used. Neither was initiated by Prior Lake. The real issue is being lost. There is a piece of land of 270 acres, 57 which were being platted in the County. If the City Council had not approved annexation, the land is zoned under 1-1 Scott County Zoning ordinance. She listed the various businesses structures that could have been zoned there 6297.DOC 21 June 2, 1997 Prior Lake City Council Meeting Minutes by Scott County, such as tower antenna, solid and hazardous wastes transfer site, etc. All could be adjacent to the City's million dollar industrial park. That is not in best interests of the City. The City agreed to a Joint Resolution so that instead of having any or all of this, the City chose to have a neighborhood, housing industry and a high school site. · Councilmember Mader said the reason the issue is getting lost is because no one was allowed to make comment on the agreement. · Mayor Andren said look at the bylaws. She said Councilmember Mader had already stated his position on the issue twice at the meeting and discussed it thoroughly as shown in the minutes. 11. ANNOUNCEMENTS/CORRESPONDENCE . Councilmember Greenfield read a letter resigning the City Council. His resignation is effective June 3, 1997. 12. ADJOURNMENT . tljourned by General Consent at 11 :45 p.m. ~ ~~ . . ~i,(JrU? / ) Re ording Secretary 6297.DOC 22