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HomeMy WebLinkAboutAgenda & Minutes PUBLIC FORUM - 7pm (Craig Gontarek - Regional Trail) REGULAR COUNCIL MEETING AGENDA Date: JULY 15, 2002 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF MEETING MINUTES: June 17, 2002 Regular Meeting June 24, 2002 Special Meeting 4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda asa separate category. A) Consider Approval of Invoices to Be Paid. B) Consider Approval of Building Permit Report for June 2002 and First Half of 2002. C) Consider Approval of Treasurer's Report. D) Consider Approval of Second Quarter Investment Report. E) Consider Approval of Second Quarter Budget Report. F) Consider Approval of a Resolution Authorizing Full and Final Payment to Heselton Construction for Construction of Thomas Ryan Memorial Park. G) Consider Approval of a Resolution Ordering Preparation of a Feasibility Report for 2003 Reconstruction Improvement Project. H) Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth. I) Consider Approval of Wetland Replacement Plan for Red Cedar Heights. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: A) Scott County Update (Dave Unmacht & Barb Marschall) B) 2002 Lakefront Days (Chamber of Commerce) 7 PUBLIC HEARINGS: NONE. 071502 - ...,,'--"...-._~,~ ~ 8 OLD BUSINESS: A) Consider Approval of a Resolution Awarding Bids and Authorizing Execution of Standard Contract for 2002 Improvement Project. B) Consider Approval of a Resolution Authorizing the Award of Bid and Authorizing Execution of Standard Contract for the Construction of Trails, a Basketball Court, and a Parking Lot as Identified in the 2002 Capital Improvement Program. C) Consider Approval of a Resolution Authorizing General Fund Transfers to the Revolving Equipment Fund, Severance Compensation Fund and Building Fund. D) Consider Approval of Resolutions Relating to Tax Increment Financing: (1) Amending Budgets for TI F Districts 1-1 and 1-2; and (2) Decertifying TI F District 2-4 and Authorizing Return of Fund Balance to Scott County. 9 NEW BUSINESS: A) Consider Approval of Ordinance Amending Section 1102.1403(6) of the Zoning Ordinance Relating to Gymnastic Schools in the C-5 Zoning District. B) Consider Approval of Resolution Approving Conditional Use Permit for a 49-unit Multi- Family Dwelling in the R-4 Zoning District Known as Bluff Heights. C) Consider Approval of an Ordinance Amendment Relating to Discharge of Firearms in the City of Prior Lake. D) Consider Approval of Amendments to the City Personnel Policy Relating to Use of City Automobiles and Reimburseable Expenses. E) Consider Approval of an Ordinance Amendment Relating to Outdoor Events. F) Consider Setting a Date for Six-Month Evaluation of City Manager Performance. 10 OTHER BUSINESSICOUNCILMEMBER REPORTS: 11 ADJOURNMENT 071502 " '~""""-""--""-'-r------""-"'-- REGULAR COUNCIL MEETING MINUTES June 24, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska and LeMair, City Manager Boyles, Public Works Director Osmundson, City Engineer McDermott, Planning Coordinator Kansier and Recording Secretary Meyer. APPROVAL OF AGENDA: Gundlach: Requested adding an item under New Business regarding appointment to the Lake Advisory Committee. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Resolution 02.102 Extending the Deadline for Recording a Final Plat for Deerfield 6th Addition. (B) Consider Approval of Housekeeping Measure Relating to Northwood Road Improvement Project (City Project 94-02). Bovles: Reviewed the Consent Agenda Items. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENT A nONS: NONE. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of Resolutions Approving the Cooperative Agreements with Scott County Relating to (1) Construction of the CSAH 42 and CSAH 83 Improvement Project; and (2) Construction and Operation of a Traffic Control Signal System and Integral Street Light. McDermott: Reviewed the agenda item in connection with the staff report. Petersen: Asked why the City is paying for EVP on a County roadway. McDermott: Advised that the City has been responsible in the past for all EVP systems within the City limits. LeMair: Asked who else was sharing in the costs for the project. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes DRAFT June 24, 2002 McDermott: Advised both the County and SMSC will be making financial contributions for the improvements. Shakopee is not responsible for any portion at this stage of the project. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.103 APPROVING THE AGREEMENT FOR THE CONSTRUCTION OF THE CSAH 42 AND CSAH 83 IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Gundlach, Petersen, Ziesak and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE RESOLUTION 02.104 APPROVING THE COOPERATIVE AGREEMENT FOR CONSTRUCTION AND OPERATION OF A TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT. Gundlach: Asked if EVPs have become a standard for all signalized intersections despite their location within the City. Zieska: Commented that although he is not an expert, believes that the Fire Department is fully supportive of providing EVPs for all intersections within the service district in order to make responding to calls quicker and safer. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting the Bid, Awarding the Contract and Authorizing the Mayor and City Manager to Execute a Standard Contract for Construction of Well No.7. Osmundson: Reviewed the agenda item in connection with the staff report. Gundlach: Asked what the estimate was for the project and why the bid came in lower than the estimate. Also commented that he had some concern about not getting good bids due to fasttracking the project, and obviously those concerns were unwarranted in this case. Osmundson: Advised that the estimate was $295,000 and that Keyes has some new well equipment that makes the project easier and faster. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 02.105 AWARDING THE CONTRACT TO KEYES WELL DRILLING IN AN AMOUNT NOT TO EXCEED $256,915.00 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A STANDARD CONTRACT. VOTE: Ayes by Haugen,Gundlach, Petersen, Zieska and LeMair, the motion carried. HauQen: Also noted that even though the weather has provided us adequate rain, please keep in mind that the City still encourages residents to become educated about the conservation efforts Consider Approval of a Development Agreement for Keystone Community. Kansier: Briefly reviewed the agenda item in connection with the staff report. LeMair: Asked for clarification as to the future use of the previous T J Towing property since it is being excluded from this project. Kansier: Advised that the parcel will be a fully developable parcel. 2 City Council Meeting Minutes DRAFT June 24, 2002 Bovles: Noted that even though the City is providing an estimated $200,000 stipend on this project, the property is fully taxable. Zieska: Also commented that it has been an objective for the previous Council to begin addressing the City's senior housing needs. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.106 APPROVING THE DEVELOPMENT AGREEMENT FOR KEYSTONE COMMUNITY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE AGREEMENT. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. HauQen: Invited Mike Lewis, the Vice President of Keystone Communities to describe the status of the project. Lewis: Advised construction should begin in late summer and that there has been a strong response from the community. Further noted that there are 107 units, a portion of which are rental, nursing care, and memory care. Consider Approval of a Resolution Approving the Final Planned Unit Development Plan and PUD Development Contract and Approval of a Resolution Approving the Final Plat and Development Contract for Fountain Hills 2nd Addition. Kansier: Reviewed the agenda item in connection with the staff report, advising that the final PUD Plan and Final Plat for Fountain Hills 2nd Addition are in compliance with the preliminary plan. Also noted that staff has determined that the development agreement provides enough latitude that a model home is acceptable under certain conditions. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.107 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR FOUNTAIN HILLS 2ND ADDITION. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02.108 APPROVING THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND PUD DEVELOPMENT CONTRACT FOR FOUNTAIN HILLS 2ND ADDITION. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Motion Requiring Removal of a Retaining Wall from a City-Owned Easement. Bovles: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY GUNDLACH TO DIRECT THE CITY STAFF TO SEEK REMOVAL OF THE RETAINING WALL REMOVED FROM THE CITY-OWNED RIGHT-OF-WAY EASEMENT THROUGH CIVIL ACTION. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT June 24, 2002 NEW BUSINESS: [ADDED] Consider Approval of Appointment to Lake Advisory Committee Gundlach: Discussed the history of the process and recommended Brad Beneke for appointment created by the recent resignation of Chuck Gerlach. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPOINT BRAD BENEKE TO THE LAKE ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. HauQen: Noted that the resignation of Chuck Gerlach was due to the fact that he has chosen to run for a seat in House District 35A. OTHER BUSINESS I COUNCILMEMBER REPORTS Bovles: Summarized the actions taken by the Council and noted that although the meeting was relatively short, the actions taken held 'significant importance in addressing the goals of City. Zieska: Explained that the July 1st meeting of the City Council had been canceled, and this meeting was necessary to keep some projects moving forward. HauQen: Announced the Boone, Iowa youth baseball tournament that the City would be hosting the weekend of June 28th- June 30th, Further commented on the tradition of the event and the many contributions of the volunteers of the program. LeMair: Thanked the community for their support during the Ashland Bradford spaghetti benefit held at the Prior Lake VFW. A motion to adjourn was made and seconded. The meeting adjourned at 6:05 pm. Frank Boyles, City Manager Kelly Meyer, Recording Secretary 4 REGULAR COUNCIL MEETING MINUTES June 17, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska and LeMair, City Manager Boyles, Assistant City Manager Walsh, City Attomey Pace, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner, Planning Coordinator Kansier, City Engineer McDermott, and Recording Secretary Meyer. APPROVAL OF AGENDA: LEMAIR: Requested adding an item under Other Business announcing a benefit for the Branford Family at the VFW on Saturday, June 29th. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES OF JUNE 3. 2002 REGULAR MEETING MINUTES. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE JUNE 3, 2002 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Petersen, Zieska and LeMair, the motion carried. Mayor Haugen abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Monthly Fire Call Report, (F) Consider Approval of an Amendment to Lake Advisory Committee Bylaws. (G) Consider Approval of a Resolution Revising Solicitation of Bid Dates for 2002 Street Improvement Project. (H) Consider Approval of a Revised Resolution Authorizing Eminent Domain for Property Required for the Ring Road, (I) Consider Approval of Refuse Hauler Permit Renewals for Buckingham Disposal, Dick's Sanitation, Prior Lake Sanitation, Tidy Disposal and Waste Management of Minnesota. (J) Consider Approval of a Resolution Approving 2002 -2003 Renewal Liquor Licenses, (K) Consider Approval of Resolution 02.90 Approving the Common Interest Community Number 1079 (Deerfield Condominium) Ninth Supplemental CIC Plat. GUNDLACH: Requested that Items (G) and (H) be removed for a brief clarification. BOYLES: Reviewed the remaining Consent Agenda Items. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA ITEMS (A) - (F) AND (I) - (K) AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes DRAFT June 17, 2002 ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of a Resolution Revising Solicitation of Bid Date for 2002 Street Improvement Project. Gundlach: Asked for clarification why the bid date was being extended. Bovles: Advised that the extension was necessary to comply with the notification requirement and that we missed the initial publication deadline. MOTION BY GUNDLACH, SEOND BY ZIESKA TO APPROVE RESOLUTION 02.91 REVISING SOLICITATION OF BID DATES FOR 2002 IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Revised Resolution Authorizing Eminent Domain for Property Required for the Ring Road. GUNDLACH: Asked the Public Work Director to explain for the public the nature of this item. OSMUNDSON: Explained that the City had previously initiated eminent domain proceedings on the property for acquisition of the Ring Road. The legal description for the property needed changed when the City moved the road during the negotiation with a neighboring property owner. Further discussed the status of the Ring Road property and the remainder of the negotiations for the other right-of-way needed. GUNDLACH: Asked the expected timeline. OSMUNDSON: Advised that eminent domain has not been needed thus far in the process and expected the project would commence sometime in 2003 if the properties can all be acquired. ZIESKA: Added to the Resolution, language stating "Whereas, construction of the Ring Road is important to enhance and preserve the health, safety and welfare and therefore constitutes a public purpose." MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.92 AUTHORIZING EMINENT DOMAIN FOR PROPERTY REQUIRED FOR THE RING ROAD AS AMENDED, VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. PRESENTATIONS: Swearing In Ceremony for Police Officer Todd Deming (Police Chief Bill O'Rourke) O'ROURKE: Introduced the newest member of the Prior Lake Police Department, Todd Deming. Further advised that Todd is from the Belle Plain area, and his past experience with the Scott County Sheriffs Department. Mayor Haugen administered the oath of office to Officer Todd Deming. Recognition of Prior Lake High School State Tournament Participants in Synchronized Swimming, Tennis, Golf and Softball. 2 City Council Meeting Minutes DRAFT June 17, 2002 HAUGEN: Discussed the importance of recognizing the contributions of our outstanding student athletes. MARY HAUGEN (speaking on behalf of Coach Mary Young): Recognized Kelsey Onkka, noting that Kelsey was the first girl in State competition in Prior Lake since 1991. MONA GLASS (Head Coach Girls Softba/~: Introduced her state softball team, recognizing the following individuals Stephanie Berkland, Crystal Borchardt, Tiffany Borchardt, Jaye Beultel, Jen Beultel, Mandy Evans, Tasha Hagelberger, Julie Lubinski, Kendra Meyer, Andrea Mingo, Christin Myers, Carly Nelson, Chayci Rutz, AIi Schneider, Katherine Sellner, Trudi Stock, Meagan Teal, Stacy Whitemore, Kari Urness. TIM MILLER (Head Coach Tennis): Introduced his state tournament competitors Mike Gilbert and Tom Gilbert. KATY BOHNSACK (Head Coach Synchronized Swimming): Recognized the following individuals as this year's state tournament participants: Monica Anderson, Carolynn Black, Anne Bohnsack, Nicole Dickenson, Cassie Grenz, Sabrina Hawkinson, Colleen Kennedy, Erin Kennedy, Andrea Klingbeil, Erin Lannon, Paige Mika, Anika Mikkelson, Leah Milberger, Jacqueline Morales, Bethany Norman, Bryn Olson, Jennifer Rients, Jenny Robin, Amanda Simpson, Stephanie Tronstad, Emily Ufken, Adrienne Widener. JON FLATNESS (Head Coach Track & Field): Recognized Kaylie Hambrick as Prior Lake's State Tournament representative for discus, Allina Ambulance Status Report (Chris Caulkins) This item was deferred to a later agenda. The Council took a brief recess, Southwest Metro Groundwater Group Management Plan and Memorandum of Agreement (Chris Elverum of Met Council, Pat Lynch of DNR) OSMUNDSON: Briefly reviewed the agenda item in connection with the staff report and introduced Chris Elverum of the Met Council and Pay Lynch of the DNR. ELVERUM: Provided a history and purpose of the Southwest Metro Groundwater Group, Further summarized the findings and plan of the group, particularly noting the partnerships that the plan intends to promote between Shakopee, Savage, Burnsville and Prior Lake. . PAT LYNCH (DNR): Discussed the most critical issues, particularly the prohibition from using the Mt. Simon Hinckley aquifer and the Wetlands Conservation Act and its impact on water issues with respect to the Savage Fen, Commented that the issue will continue to be a challenge, GUNDLACH: Asked if there are any procedures that will streamline the process for providing additional well capacity. LYNCH: Advised that the addition of monitoring wells helps to facilitate the model, so we are learning all the time. 3 City Council Meeting Minutes DRAFT June 17, 2002 GUNDLACH: Submitted that the point is that there are protection issues as well as production issues and those things need to be adequately balanced. HAUGEN: Added that the water supply is not an infinite resource, and advised of the City's efforts at conservation, and education of the community. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of a Resolution Approving the Preliminary Plat for Red Cedar Heights. KANSIER: Reviewed the agenda item in connection with the staff report, noting that subsequent to the last meeting, information had been submitted with respect to the items of concern for the Council including tree inventory, wetland delineation, storm water runoff, and buffer strips. GUNDLACH: Asked if there were any additional remaining issues. KANSIER: Advised that there were none that were not typically addressed by the final plat. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.93 APPROVING THE PRELIMINARY PLAT FOR RED CEDAR HEIGHTS. GUNDLACH: Concerned that the developer, in the past, has shown a disregard for City ordinances and that there is some concem from that standpoint. Asked if there were requirements that can be imposed. PACE: Advised that this plat cannot be linked to outstanding zoning code enforcement issues on prior developments, Further provided a brief background of the issues Council member Gundlach referred to, advising that the issues with respect to building in the right-of-way, are yet unresolved, HAUGEN: Asked if it would be appropriate to address the developer, PACE: Believe it was not appropriate to link those issues to this plat. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY GUNDLACH TO DIRECT THE CITY ATTORNEY TO COMMENCE CIVIL ACTION AGAINST THE PROPERTY OWNER IN QUESTION ENFORCING COMPLIANCE WITH THE CITY'S ZONING ORDINANCES. PACE: Advised that state statutes and the City Code do not provide for the criminal enforcement of zoning violations, therefore the appropriate action at this time would be to commence a civil action if the Council chooses to do so. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. 4 City Council Meeting Minutes DRAFT June 17, 2002 Consider Approval of a Resolution Approving the Final Plat and Authorizing Execution of a Development Agreement for the Plat Known as Park Nicollet Addition. KANSIER: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked for clarification on the sign placement. KANSIER: Advised that the sign is in place, the Private Use of Public Property agreement allows the developer to use the right-of-way, but the City retains its interest in the property should it be necessary in the future, PACE: Complimented both Jane Kansier and many of the area developers, and the developers on this project and their counsel who worked very cooperatively through a complicated project. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.94 APPROVING THE FINAL PLAT AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT FOR THE PLAT KNOWN AS PARK NICOLLET ADDITION. VOTE: Ayes by Haugen,Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY PETERSEN, TO APPROVE RESOLUTION 02.95 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER IN A PRIVATE USE FOR PUBLIC PROPERTY AGREEMENT, GUNDLACH: Thanked each of the parties involved and commented how nice it is to see the project moving forward. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Approving a Conditional Use Permit to Allow Grading and Excavation of Property located on the East Side of CSAH 83 and South of CSAH 42. KANSIER: Briefly reviewed the agenda item in connection with the staff report. PACE: Asked if the Council were to defer action until after Item 91, then the Conditional Use Permit would not be required. KANSIER: Confirmed, but only in the instance that the preliminary plat is approved. PACE: Recommended deferral until after consideration of Item 91. MOTION BY GUNDLACH, SECOND BY ZIESKA TO DEFER THIS ITEM UNTIL AFTER CONSIDERATION OF ITEM 91, THE PRELIMINARY PLAT FOR THE WILDS NORTH. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving a Planned Unit Development Preliminary Plan and Approval of a Resolution Approving a Preliminary Plat to be Known as Jeffer's South. 5 City Council Meeting Minutes DRAFT June 17,2002 KANSIER: Reviewed the agenda item in connection with the staff report, noting that the primary issue is whether the plan meets the criteria for a PUD, and the park land dedication calculation and access. LEMAIR: Asked which park did not have access, and what are the options for resolving the issue. KANSIER: Advised that the 11-acre park has the access issue, and offered several options for resolving the access questions including extension of trails, or re-design. GUNDLACH: Asked for clarification as to why Planning Commissioner Atwood did not feel the plan met the PUD criteria. KANSIER: Explained that there was some discussion regarding the defined private street, but that the developer clarified that some other items could be moved around but that would result in additional driveways. Further commented that because of the nature of the private streets, it is not likely that the neighborhood would petition the City to make the streets public. ZIESKA: Commented that he liked the idea that fewer accesses onto Raspberry Ridge. Asked about the access to the smaller park, and further commented that the street name should be changed. KANSIER: Explained the access along CSAH 21 and noted that street name was an identifier rather than a final street name. KELL V MURRA V: Commented that a condition of the plan is that the private street be made into a cul-de-sac, and asked that the Council consider the plan as designed. ZIEKSA: Did not see any public safety issues, and a benefit by reducing impervious surface, and that the cul-de-sac requirement be removed. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.97 APPROVING A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT FOR JEFFER'S SOUTH. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.96APPROVING A PRELIMINARY PLAT FOR JEFFER'S SOUTH. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Setting a Date for a Public Hearing to Establish Tax Abatement District 1 and Awarding Business Subsidy. RVE: Reviewed the agenda item in connection with the staff report, advising that the action before the Council was in response to a request by Larry Gleason and Charlie Anderson in order to move Mr. Gleason's gymnastics school to the Apex Graphics building located in the Waterfront Passage Business Park. The issue is whether the Council wishes to further defer the receipt of the City taxes from this property. ZIESKA: Asked if this proposal means that the City will incur administrative costs, and that from the moment this building was construction to the time the City will see any tax benefit is 21 years. RVE: Confirmed. GUNDLACH: Asked if the TIF district was affected by the changes made by the State. 6 City Council Meeting Minutes DRAFT June 17,2002 RYE: Believe that was possible. GUNDLACH: Asked if when the TIF district was established, what were the obligations and expectation of the City and the landowner. RYE: Advised that this was an economic development district with a term of 11 years, LEMAIR: Asked what type of commitment we have from the business owner if this change is made, or was the business owner looking to move. RYE: Advised that the business could potentially move since their primary issue is space. LEMAIR: Asked if there are other issues with allowing this type of use in a primarily manufacturing district. RYE: Advised that there were other issues with parking and noise at the time the business moved into the existing site. LEMAIR: Commented that this is a difficult issue because the City would like to keep the business in the City, but there is the impact on the community as a whole and the businesses in that area. GUNDLACH: Suggested that the business construct a building in a TIF district downtown. Did not support the motion. ZIESKA: Believe the financial impact is too great and did not see appreciable benefit, even though it no way reflects upon the gymnastics business. Did not support the motion. HAUGEN: Concemed about both the financial aspect, as well as having a gymnastic facility located outside the City. Reviewed the altematives. Suggested deferring action on this item while directing staff to work on alternatives with the parties. GUNDLACH: Suggested that deferring action is not necessary, noting that Mr. Anderson still has the option of giving up the TIF district and renting space to Mr. Gleason. BOYLES: Added that it appeared that Mr. Gleason wishes to be in someone else's building, rather than build his own. Immediate altematives did not come to mind. RYE: Noted that the financial package for the building was with the TIF assistance, so foregoing the TIF district did not appear possible for them. ZIESKA: Reiterated that the issue tonight is the tax relief to be received, not that the City wouldn't love to have Mr. Gleason's business in the City. HAUGEN: Asked the revenue lost. RYE: Advised it is revenue neutral. The issue is whether it comes in four years or 15 years. ZIESKA: Advised that if the assistance comes in four years, the School District and County participate, if the term is lengthened the relief becomes the City's alone. 7 City Council Meeting Minutes DRAFT June 17, 2002 MOTION BY GUNDLACH, SECOND BY PETERSEN TO NOT SCHEDULE A PUBLIC HEARING DATE ON THIS ISSUE. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. Consider Approval of Report Relating to Tax Increment District 1-1, 1-2 and 2.41 RYE: Reviewed the agenda item in connection with the staff report, noting that upon review it was determined that TIF District 2-4 was improper due to a modification in 1996. Therefore, the district should be de-certified, Further advised that the budgets for districts 1-1 and 1-2 should be amended. LEMArR: Asked if we are basically redirecting monies between the districts. RYE: Explained that essentially we are correcting the budgets to make sure they are in line with the projected expenditures. District 2-4 needs to be de-certified because it does not meet the statutory requirements and return the funds. The $288,000 can then be used for Downtown Redevelopment projects. BOYLES: Also added that the City would receive $55,500 in return funds by de-certifying district 2-4 and returning the funds to the County. MOTION BY ZIESKA, SECOND BY LEMAIR TO DIRECT STAFF TO INITIATE THE BUDGET AMENDMENTS FOR TIF DISTRICTS 1-1 AND 1-2, AND COMMENCE DE-CERTIFICATION OF TIF DISTRICT 2-4. PACE: Asked if the Council would like to have a work session in the items regarding TIF that you may not be thoroughly versed on. ZIESKA: Clarified that while the Council may not have a thorough knowledge of the legal particulars of tax increment financing, believe they had a good understanding of housekeeping issues such as these. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried, Consider Approval of a Resolution Accepting Quotes and Awarding the Contract for Pleasant Avenue Street Parking Project. POPPLER: Reviewed the agenda item in connection with the staff report. PETERSEN: Asked if there is enough right-of-way for all the parking. POPPLER: Explained that some additional right-of-way would be necessary to provide the remainder of the streetscape project. The project involves the extended bituminous and replacement of curb and gutter. LEMair: Asked about the timeline. POPPLER: Advised that this project can begin immediately. The second phase of the project is dependent upon acquisition of right-of-way. 8 City Council Meeting Minutes DRAFT June 17, 2002 GUNDLACH: Suggested coming back as quickly as possible with the remainder of the streetscape project. ZIESKA: Commented that this is a great problem to have in that the businesses are doing so well that additional parking is necessary . MOTION BY PETERSEN, SECOND BY GUNDLACH APPROVING RESOLUTION 02.98 ACCEPTING QUOTES AND AWARDING THE CONTRACT FOR PLEASANT AVENUE STREET PARKING PROJECT TO PRIOR LAKE BLACKTOP IN AN AMOUNT NOT TO EXCEED $27, 988.45. HAUGEN: Commented that a parking plan is a large part of the redevelopment of the Downtown area. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Establishing a Matching Grant Program to Encourage Downtown Building Fa~ade Improvements. RYE: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked if when the money is gone, that's the end. First come, first serve. RYE: The program is essentially first come, first serve. The program could be extended at a later date at Council direction if funds are available. GUNDLACH: Asked how nonconforming structures will be considered, RYE: Advised that the Downtown ordinance was amended as such that there are no nonconforming uses. HAUGEN: Believed the long-range planning committee directed that relocating those businesses that were not conducive to the Downtown area. Concerned that the City would provide matching grant funds to such businesses. BOYLES: Clarified that there are some parameters within the ordinance with respect to Downtown uses, and that the guidelines should be modified so that they are clear that the City has the final authority for allocation of the funds.. ZIESKA: Asked if it would be appropriate to approve the plan with specific parameters. RYE: Suggested that the Council may wish to review proposals. HAUGEN: Believed that if the parameters are identified correctly, the staff should make the determination. PACE: Concerned about the delegation of City Council authority when giving away public funds. RYE: Clarified that staff approval was with respect to compliance with the ordinance, understanding that final allocation of public funds comes from the City Council. PACE: Believed the process would be similar to the process for a conditional use permit. 9 City Council Meeting Minutes DRAFT June 17,2002 MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.99 ESTABLISHING A MATCHING GRANT PROGRAM TO ENCOURAGE DOWNTOWN BUILDING FA~ADE IMPROVEMENTS AND FUNDING THEREFORE. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. Consider Approval of Recommendations to be made on the Proposed 2003.2007 Scott County Highway Capital Improvement Program (CIP). OSMUNDSON: Reviewed the draft Scott County CIP in connection with the staff report, noting the projects affecting Prior Lake including CSAH 12 from TH13 to CSAH 17, CSAH 23 from 170th St. to TH13, CSAH 44/TH13/Main Street intersection, CSAH 21 from CSAH 42 to CSAH 16, and CSAH 82 from CSAH 21 to CSAH 83. Advised that each of these projects is scheduled for completion by 2006. BOYLES: Asked if in comparison to previous County CIP plans, this one seems like Prior Lake is receiving a large consideration. OSMUNDSON: Confirmed and reminded the Council that this is still a draft. GUNDLACH: Asked if there is anything further that is missing. OSMUNDSON: Noted that CSAH 83 south of CSAH 42 will be upcoming, as will CSAH 21 south of CSAH 42. We also would support any improvements to CSAH 21 to 135 through Credit River Township. BOYLES: Clarified that projects such as Commerce/ Boudin/ TH13 and 150th Street! TH13 are programmed, but the County is not a contributor. OSMUNDSON: Confirmed. MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE THE ATTACHED DRAFT LETTER REGARDING THE SCOTT COUNTY DRAFT CAPITAL IMPROVEMENT PLAN AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing the Addition of the Position of Public Works Coordinator to the 2002 Sewer and Water Budget. BOYLES: Reviewed the agenda item in connection with the staff report. ZIESKA: Believed that action was appropriate in order to stay on top of projects as the City continues to grow. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.100 AUTHORIZING THE ADDITION OF THE POSITOIN OF PUBLIC WORKS COORDINATOR TO THE 2002 SEWER AND WATER BUDGET. GUNDLACH: Commented that the City Manager need not make any apologies for bringing items such as this to the Council's attention and believes the Council is receptive to providing the personnel needed to provide exceptional service to our residents. 10 City Council Meeting Minutes DRAFT June 17,2002 VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving the Preliminary Plat to be Known as The Wilds North. KANSIER: Reviewed the agenda item in connection with the staff report, reviewing the conditions of final plat. GUNDLACH: Asked if the condition regarding grading precludes the developer from starting. KANSIER: Advised that the developer can start grading under the condition as long as he submits the letter to be approved by the City Attorney, LEMAIR: Asked about the entrances to the park properties. JIM STANTON: Thanked staff and Council for adding this item to the agenda. Advised that he realizes that if the DNR does not approve the Hass Lake redesignation, the plat is void. Also noted that he is agreeable with the waiver letter. Further advised that he is agreeable with the road adjustments suggested by staff. ZIESKA: Asked that Outlot D is intended to be high-density residential, and Outlot A would be commercial. STANTON: Confirmed, and advised those lots are zoned accordingly. HAUGEN: Suggested adding a condition as Item (C) that the developer agrees that if the Department of Natural Resources does not reclassify Hass Lake from a natural environment lake to a Recreational Development lake, the developer will make application to the City for a re-plat of the preliminary plat. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.101 APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS THE WILDS NORTH AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. Consideration of Item 9A was no longer necessary. MOTION BY ZIESKA, SECOND BY GUNDLACH RECOGNIZING THAT NO FURTHER ACTION IS NECESSARY WITH RESPECT TO ITEM 9A. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Bradford Benefit LEMAIR: Advised the Council and community of a benefit being held this Saturday, June 22nd at the VFW. There will be a spaghetti dinner to benefit Ashland Branford who is a three-year old in our community recently diagnosed with leukemia. The proceeds from the benefit will go to help the family offset medical costs, HAUGEN: Briefly discussed the last meeting of the long-range planning committee and the progress in formulating the City's strategic plan, and thanked all the participants. Further advised of the new opening of Fong's Restaurant in Downtown Prior 11 City Council Meeting Minutes DRAFT June 17, 2002 Lake. Also briefly talked about the Grand Opening of new Thomas Ryan Memorial Park and thanked all those who planned and participated in the event. LEMAIR: Commented that although he was somewhat na"ive about the naming of the park and the grand opening ceremony, he was greatly impressed with the turnout and the community ties of that family. HAUGEN: Further advised that a great benefit for Cystic Fibrosis was held at Lakefront Park, which was also a great event. Lastly, noted that the Grand Opening of the Skate Park at Lakefront Park was held today. Noted the contributions of both the SMSC and the Prior Lake Optimists Club. Thanked the participants and staff for putting together a first-rate facility. A motion to adjourn was made and seconded. The meeting adjourned at 10:20pm. Frank Boyles, City Manager Kelly Meyer, Recording Secretary 12 City Council Meeting Minutes DRAFT June 17, 2002 HAUGEN: Discussed the importance of recognizing the contributions of our outstanding student athletes. MARY HAUGEN (speaking on behalf of Coach Mary Young): Recognized Kelsey Onkka, noting that Kelsey was the first girl in State competition in Prior Lake since 1991. MONA GLASS (Head Coach Girls Softbam: Introduced her state softball team, recognizing the following individuals Stephanie Berkland, Crystal Borchardt, Tiffany Borchardt, Jaye Beultel, Jen Beultel, Mandy Evans, Tasha Hagelberger, Julie Lubinski, Kendra Meyer, Andrea Mingo, Christin Myers, Carly Nelson, Chayci Rutz, Ali Schneider, Katherine Sellner, Trudi Stock, Meagan Teal, Stacy Whitemore, Kari Urness. TIM MILLER (Head Coach Tennis): Introduced his state tournament competitors Mike Gilbert and Tom Gilbert. KATY BOHNSACK (Head Coach Synchronized Swimming): Recognized the following individuals as this year's state tournament participants: Monica Anderson, Carolynn Black, Anne Bohnsack, Nicole Dickenson, Cassie Grenz, Sabrina Hawkinson, Colleen Kennedy, Erin Kennedy, Andrea Klingbeil, Erin Lannon, Paige Mika, Anika Mikkelson, Leah Milberger, Jacqueline Morales, Bethany Norman, Bryn Olson, Jennifer Rients, Jenny Robin, Amanda Simpson, Stephanie Tronstad, Emily Ufken, Adrienne Widener. JON FLATNESS (Head Coach Track & Field): Recognized Kaylie Hambrick as Prior Lake's State Tournament representative for discus. Allina Ambulance Status Report (Chris Caulkins) This item was deferred to a later agenda. The Council took a brief recess. Southwest Metro Groundwater Group Management Plan and Memorandum of Agreement (Chris Elverum of Met Council, Pat Lynch of DNR) OSMUNDSON: Briefly reviewed the agenda item in connection with the staff report and introduced Chris Elverum of the Met Council and Pay Lynch of the DNR. ELVERUM: Provided a history and purpose of the Southwest Metro Groundwater Group. Further summarized the findings and plan of the group, particularly noting the partnerships that the plan intends to promote between Shakopee, Savage, Burnsville and Prior Lake. PAT LYNCH (DNR): Discussed the most critical issues, particularly the prohibition from using the Mt. Simon Hinckley aquifer and the Wetlands Conservation Act and its impact on water issues with respect to the Savage Fen. Commented that the issue will continue to be a challenge. GUNDLACH: Asked if there are any procedures that will streamline the process for providing additional well capacity. LYNCH: Advised that the addition of monitoring wells helps to facilitate the model, so we are learning all the time. 3 ~~ '5 ' ~ ~ vt'f.11l" cf}~ GUNDLACH: Submitted that the point is that there are protection issues as well as production issues and those things need to be adequately balanced. HAUGEN: Added that the water supply is not an infinite resource, and advised of the City's efforts at conservation, and education of the community. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of a Resolution Approving the Preliminary Plat for Red Cedar Heights. KANSIER: Reviewed the agenda item in connection with the staff report, noting that subsequent to the last meeting, information had been submitted with respect to the items of concern for the Council including tree inventory, wetland delineation, storm water runoff, and buffer strips. GUNDLACH: Asked if there were any additional remaining issues, KANSIER: Advised that there were none that were not typically addressed by the final plat. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.93 APPROVING THE PRELlMINA FOR RED CEDAR HEIGHTS, GUNDLACH: Concerned that the developer, in the past, has shown a disregard for City ordinance concern from that standpoint. Asked if there were requirements that can be imposed. PACE: Advised that this plat cannot be linked to outstanding zoning code enfm ent issues on prior developments. Further provided a brief background of the issues Councilmember Gundla referred to, advising that the issues with respect to building in the right-of-way, are yet unresolved. HAUGEN: Asked if it would be appropriate to address the devel PACE: Believe it was not appropriate to link those' , SECOND BY GUNDLACH TO DIRECT THE CITY ATTORNEY TO COMMENCE CIVIL ACTION PROPERTY OWNER IN QUESTION ENFORCING COMPLIANCE WITH THE CITY'S ZONING INANCES. hfw ~ lJ~ntS PACE: Advised that .tali Etitutei eRd the City Code de net providE6f00~ . . . . , 1Mrefore the appropriate action at this time would be to commence a civil action if the Council chooses to do so, VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. - ~ t ~ ~ l