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HomeMy WebLinkAboutDraft 08 12 13 City Council Minutes O � PRIp� � v 4646 Dakota Street SE Prior Lake, MN 55372 Ai �so'� r REGULAR CITY COUNCIL MEETING MINUTES August 12, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Director Poppler, Project Engineer Thongvanh, Public Works / Natural Resources Director Gehler, Finance Director Erickson, Economic and Development Director Rogness, As- �' sistant City Manager Meyer, Assistant City Manager Kansier and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City gov- ernmental topics rather than private or political agendas. Topics may be addressed at the Pub- lic Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE AGENDA AS PRESENT- ED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE THE MINUTES OF THE JULY 22, 2013 CITY COUNCIL MEETING AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. 2013 2nd Quarter Financial Report C. 2013 2nd Quarter Investment Report D. Consider Approval of a Resolution Adopting Amendments to the City of Prior Lake Busi- ness Subsidies Policy E. Consider Approval of a Report Designating the Top Four Vision Elements F. Consider Approval of Resolution 13-103 Requesting Advancement of Municipal State Aid Funds Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com G. Consider Approval of Resolution 13-104 Authorizing Replacement of Cable TV Broadcast Equipment Utilizing Cable Equipment Fund H. Consider Approval of Resolution 13-105 Directing the Planning Commission to Conduct a Public Hearing on Proposed Amendments to the 2030 Comprehensive Plan and Maps Morton: Requested that items 5D, Consider Approval of a Resolution Adopting Amendments to the City of Prior Lake Business Subsidies Policy, and 5F, Consider Approval of Resolution 13- 103 Requesting Advancement of Municipal State Aid Funds, be removed from the Consent Agenda for discussion. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE A RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF PRIOR LAKE BUSINESS SUBSIDIES POLICY. Morton: Asked about the impact of aligning the City's business subsidies policy with State Statute. Asked how the public will be informed of the new policy. Rogness: Provided an example of the impact by citing the recent River Valley Veterinary Clinic subsidy of $60,000 which would not now be subject to the subsidy policy at that amount. Stated that the Economic Development Authority is considering implementation of a supplementary policy that would apply to incentives of less than $150,000. A key component of it would be an- nual reporting. ' Morton: Questioned whether there should be a transition from the existing policy to the new policy and whether approval of the new policy should wait for the EDA's incentives policy to be prepared. Hedberg: Queried whether the EDA acted on the comprehensive annual reporting item for the business incentives policy. Rogness: Replied that they requested additional work that will be brought to their next meeting. Hedberg: Concurred that both policies should come to the Council at the same time. Keeney: Commented that the intent of the supplemental policy is to have transparency and avoid the more burdensome parts of the State reporting requirements. There was debate about how much information should be reported vs. how much should be available. Concurred that this business subsidy policy revision could be brought back with the supplemental policy. Morton: Withdrew the motion. Soukup: Withdrew the second. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-103 RE- QUESTING ADVANCEMENT OF MUNICIPAL STATE AID FUNDS. Morton: Asked for an analysis of the risk and benefit of an advance of state aid funds. Poppler: Replied that the City receives approximately half a million dollars to use on municipal state aid projects. Last year the Arcadia project depleted the existing funds. This year the CSAH 12 and Ridgemont / Main / CR 44 projects are also using state aid dollars. We have a running balance in our CIP that anticipates where we will be with funding at the end of the CIP project period and at that time there will be tough decisions to make about future projects be- cause we will have depleted available state aid dollars. Discussions of the Ridgemont / Main / CR 44 project involved use of state aid dollars and if a decision is made to not request an ad- vance, the City would need to find another way to fund this project. Morton: Asked about the likelihood of the State declining the advance. DRAFT 08 12 13 City Council Meeting Minutes 2 Poppler: Replied the City is allowed to advance up to five years. A call was made to the State offices and assurance received that the request for advance funding can be made. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS Conduct a Public Hearing to Consider Resolution 13-106 Adopting the Assessment Roll for CSAH 12 Improvement Project, City Project #12-002 City Engineer / Inspections Director Poppler provided a construction update for the project. Stated that the Assessment Review Committee has convened and approved the unit method of assessments for utilities and the front footage method for street and storm sewer. Described the assessment calculations which result in an average $17,756 assessment based on a 90-foot lot. Original estimated assessment was $22,800. Finance Director Erickson described the bonding for the project as well as the property owner's assessment repayment and appeal op- tions. Erickson announced that written appeals of assessments must be submitted before the close of the public hearing. Appeals have been presented from the Prior Lake Spring Lake Wa- tershed District and the Sailer property owners. Comments: Keeney: Asked about fees that will be paid by owners of larger lots that will have only one con- nection to the infrastructure at this time, but may be developed at a later date. Poppler: Replied that larger tracts can subdivide in the future by bringing forward a develop- I ment contract. The development fees would apply and would be paid into the trunk funds for � the system to extend the sewer and water further. Hedberg: Asked when the project is expected to be completed. Poppler: Replied the work will go into the fall season. MOTION BY KEENEY, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 7:28 p.m. Comments: Gary Dahlman, 1900 Shoreline Blvd, asked about the possibility of development on his proper- ty. Poppler: Development is limited until trunk line expansions can be completed. Dahlman: Stated that currently only 16 people will hook up to it. Asked if that is all that is al- lowed. Poppler: Upstream connections will need to be completed before this area can be opened to large scale development. Dahlman: Asked of one or two lots could be developed and added to the system, commenting that the system seems useless with so few users. Poppler: Replied that one or two lots could be reviewed for the possibility of adding to the sys- tem, but the capacity of upstream lift stations must be considered. The system is at capacity at this time. Noted that oversizing of the system components is preparing the area for future de- velopment. MOTION BY MCGUIRE, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 7:32 p.m. DRAFT 08 12 13 City Council Meeting Minutes 3 MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-106 ADOPTING ASSESSMENTS FOR THE CSAH 12 IMPROVEMENTS PROJECT, CITY PRO- JECT #12-002. Comments: Keeney: Asked about the procedure for handling the letters of appeal that have been received. Rosow: Replied that it is appropriate for the Council to adopt an assessment at this time and there are concerns about the amounts of the assessments, this is time for that discussion. Keeney: Clarified which property is owned by the Watershed District and asked if it is usual to assess other governmental agencies. Poppler: Yes. Keeney: Asked if the benefit of assessed value will be reached for this property. Poppler: Replied that appraisals were conducted and the benefit proved for this project. Hedberg: Commented that he had similar questions and learned that if the Watershed did not have ownership of this property, it would be marketable to property owners across the street for shoreline access. Believes it has potential value as private property and the reported $400 as- sessed value does not reflect the market value. Asked the appropriate action if the Council does not act on appeals that have been filed. Rosow: Replied the Council can adopt the assessment roll and lower the assessment for any parcel but there is no requirement to do that. The Council can also determine based on infor- mation received that there is sufficient value gained by the property. The owner can still file an appeal with the District Court if they want to. Keeney: Queried whether the City would be responsible for the balance due if a property owner is successful in appealing the assessment at the District Court. Rosow: Replied that the Court could order a reassessment, or could determine the assess- ment amount and order that. The difference is the City's responsibility. There are mechanisms in the ordinance for assessing the remaining amount but that is rarely done. Hedberg: Responded to Dahlman's comment that the sewer system will be useless to him stat- ing that the sanitary sewer interceptor that provides a system for the entire annexation area is � extended across CR 82 to a place near the Playworks facility. In order to provide sanitary sew- er service to the remainder of the area, it will require the system to be extended across the un- developed property north of the Spring Lake Estates development. Additionally, to complete that project, an environmental assessment review must be fulfilled. The way we are providing service to meet the needs of the current residents is to use the remaining capacity in the system north of Spring Lake. Oversized lift station housing has been installed for future development; but a small lift station is installed for the present. The City is preparing for the future. Providing services now to existing customers is a valuable water quality improvement. Keeney: Oversizing costs are not being assessed to these property owners. Placing the larger pipe is a necessary link and will be paid for by future development. This project of sanitary sewer system connections was undertaken because of failing septic systems and their impact on the water quality of Spring Lake. Want to avoid continued pollution. Until other critical links for the sanitary sewer system can be built, we cannot open up this area for more development. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Conduct a Public Hearing to Consider Resolution 13-107 Adopting the Assessment Roll for the Sunset Avenue Improvement Project (City Project #13-011) Project Engineer Thongvanh stated the Assessment Review Committee convened and de- termined that the unit assessment method would be used for this project. Identified estimated project costs and assessment calculations which result in an estimated unit assessment of $18,526 vs. the original estimated assessment of $18,800 per unit. Described future lots that DRAFT 08 12 13 City Council Meeting Minutes 4 have an estimated assessment amount of $32,000. Finance Director Erickson described the bonding for the project as well as the property owner's assessment repayment and appeal op- tions. Noted that written appeals must be submitted before the public hearing is closed. Own- ers of the property known as the Geister property have submitted an appeal. MOTION BY MCGUIRE, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 7:54 p.m. Comments: Annette Margarit, 7300 West 147th Street, Ste 600, Apple Valley, stated she is the attorney representing the Geister siblings and prepared their letter of intent to appeal. Stated the Geisters believe their lot has already paid for Sunset Avenue blacktopping and should be sub- ject to a 40% reconstruction assessment rather than a 100% construction assessment. Sug- ; gested an alternative of having the properties across the street assessed at 100% rather than 40% to bring equity to properties on both sides of CSAH 12. Stated their lot provided land to build Sunset Avenue and consideration should be made on those grounds. Brian Lundquist, 17295 Sunset Avenue, asked why prepayment must be done in September when services cannot be connected until spring. Asked if the roads will be torn up for the win- ter. Charles Elliott, 17091 Sunset Avenue, asked why the assessment for curb and roadway is the same for small lots and homes as it is for large lots and homes that have much greater valua- tion. Reiterated the query of why prepayment must be made before property owners can be � connected to the service. Mark McGillivray, 1801 Shoreline Blvd, brought a letter of appeal for the CSAH 12 public hear- ing and requested that it be placed in the record. Gary Dahlman, 1900 Shoreline Blvd, brought a letter of appeal for the CSAH 12 public hearing and requested that it be placed in the record. MOTION BY MORTON, SECOND BY KEENEY TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 8:03 p.m. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE RESOLUTION 13-107 ADOPT- ING ASSESSMENTS FOR THE SUNSET AVENUE IMPROVEMENTS PROJECT, CITY PRO- JECT #13-011. Comments: Thongvanh: In response to queries stated that roadways that had been paved will be consid- ered as reconstruction. Lots on the shoreline portion were platted with easements, but staff does not know the values of the easements at that time. Hedberg: Asked about prepayment of assessments and when will the project be complete. Thongvanh: Grant approval and waiting for construction on CR 12 delayed initiating the project and work is anticipated to continue through mid-November. Stated that utilities, curb and gutter, and the first lift of asphalt should be in place. The lift station is in place. Depending on the weather, it is possible they may be able to connect before winter. Erickson: Commented that it is common to assess before projects are fully completed. When bonds are issued, the City begins to incur costs. Statute allows 30 days to pay assessments without interest. Assessments are certified to the County by the end of November in order to place the assessments on the tax roll for 2014. Hedberg: Asked what the process is for prepayment after interest begins to accrue. DRAFT 08 12 13 City Council Meeting Minutes 5 Erickson: Property owners can prepay before November 30 and would pay accrued interest up to the date of payment. After that it will be certified to the County and next year's interest as well as the interest for the days in 2013 from the adoption of the assessment roll is assigned to the tax rolls. Clarified the manner in which payment could be paid without accruing additional interest. Keeney: Commented that the recommendation from the Special Assessment Committee noted that there was a road and those lots had been assessed for the paving of the road. The City did not construct the road, but there is precedence for acquiring roads from the township to be treated as though they were constructed. Hedberg: Added that it is part of the orderly Annexation Agreement treat roads that had been constructed by township standards as though they had been constructed to City standards. Keeney: Commented that the letter regarding the Geister property states they should be as- sessed 40% for the nine lots of their property; but those were not lots of record and did not pay an assessment in the township. Their suggested alternative of having everyone pay 100% ' would not result in a reduction to the Geisters; it would increase cost to other property owners of this project and decrease cost to the general taxpayers of the City. Margarit: Noted that the Geisters believe they should be assessed at 40% also. They believe that parcel has paid its share by way of the land that was given to create Sunset. Keeney: Regarding comments of paying for service before they can hook up, commented that the City is already incurring costs for the project so it is a balancing act of who is appropriate to pay the cost — all of the City, or the properties that are receiving the service. This is an im- , provement to this specific neighborhood. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Conduct a Public Hearing to Consider the Approval of Resolution 13-108 Providing for the Vacation of Drainage and Utility Easements Located Within Lots 7 8� 8, Block 1, Green Oaks 2nd Addition Economic and Community Development Director Rogness stated that the Planning Com- mission recommends approval of this vacation request and a public hearing by the Council is required. Depicted the original plat and parcel for this property. Drainage and utility easement is along the original plat line, and exists in the center of the home that is built on the property. Comments: Hedberg: Clarified locations of property lines and homes. Keeney: Asked if there is any drainage across the lot or whether drainage easement might be necessary if the roadway becomes public. Rogness: There are no public utilities in the area. Keeney: Asked if there are provisions if the City ever needed drainage in the area. Rogness: Yes. MOTION BY SOUKUP, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 8:27 p.m. Comments: No person stepped forward to speak. MOTION BY MORTON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 8:28 p.m. DRAFT 08 12 13 City Council Meeting Minutes 6 MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-108 PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED WITH LOTS 7 AND 8, BLOCK 1, GREEN OAKS 2ND ADDITION. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Conduct a Public Hearing to Consider the 2014-2018 Capital Improvement Program and Street Reconstruction Plan Public Works / Natural Resources Director Gehler described the multi-year plans that are included in the Capital Improvement Program (CIP). Described the street reconstruction plan. City Engineer / Inspections Director Poppler displayed projects that are planned to use street reconstruction bonds from 2014 — 2018 and described the projects scheduled for 2014. Gehler described the public works projects scheduled for 2014. Finance Director Erickson discussed the projected debt balances through 2023 and the tax levy impact on a per capita basis. Erick- son described the enterprise funds rate changes that are projected through 2018 and the impact of the rate changes upon the average user. MOTION BY MCGUIRE, SECOND BY SOUKUP TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and pub- lic hearing opened at 8:45 p.m. Comments: No person stepped forward to speak. MOTION BY MORTON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 8:46 p.m. Comments: Morton: Commented that some of the transportation plan activities seem contingent upon forthcoming projects. Asked what becomes of those components if projects are not completed. Poppler: Replied that if development projects do not occur, the corresponding transportation projects are moved forward on the timeline. Keeney: Stated that the CIP is a forecast and approval of it does not give approval for particu- lar projects to be completed, but rather allows continuity of operations. Asked about amounts planned for fleet and the levy amount. Erickson: $280,000 part of the general operating levy that has been dedicated to the equip- ment fund. Keeney: Asked if there is any other funding source. Erickson: Replied there are contributions from water, sewer and water quality funds; and sometimes forfeiture funds for police vehicles. Bond proceeds are planned for fire trucks in 2018 and 2021. Keeney: Asked how this calculation aligns with the total value of the fleet and its average life span so the fleet is maintained. Erickson: Replied she would need to review it to determine if it is at maintenance level. Keeney: Noted that the technology plan includes the Enterprise Reporting Program and fund- ing mechanisms for that and that purchase needs to be made. Asked what kind of items are in the plan for the remaining $70,000 to $80,000. Meyer: Replied that a number of servers need replaced so a storage area network is being considered. Some replacements of servers planned for 2015 and 2016 were moved to 2014. Other items include license renewals, outfitting squad videos, etc. The typical replacement schedule for computers is six years. Keeney: That is a longer time than the standard. DRAFT 08 12 13 City Council Meeting Minutes � Soukup: Commented that water rates were raised this year and queried about the annual evaluation. Erickson: Replied that water rates are reviewed as part of CIP process and the balance of the funds, the prior year's activity of use and revenue, and planned projects are considered. Soukup: Clarified the amount of the stormwater rates and what is included with it. Hedberg: Noted that the final approval of rates for the year will be approved by the Council lat- er in the year. Erickson: Affirmed that a public hearing will be conducted and final approval is scheduled for the December 9 meeting. Hedberg: Commented that the CIP is based on nine different plans, many extending out ten years. The items included for 2014 are close to what will really be worked on and beyond that, it becomes more of a planning document and subject to variability. Keeney: Noted that the first five years of debt projections are more accurate and he suspects the City will not scale back to significantly lesser amounts in following years. Perhaps when the City is built out, it will be able to project that debt levels will drop. Suggested using caution when projecting debt beyond five years. Hedberg: Concurred that there will not be a dramatic drop off in debt later on since we are a growing community. MOTION BY MCGUIRE, SECOND BY SOUKUP TO DIRECT STAFF TO PREPARE A RESO- LUTION APPROVING THE 2014-2018 CIP AND STREET RECONSTRUCTION PLAN AS PRESENTED. Keeney: Noted that the CIP is reviewed and approved every year and this motion does not set the plan in stone for the next several years. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OLD BUSINESS Consider Approval of Resolution 13-109 Accepting Bids and Awarding the City's Stand- ardized Construction Contract for the Sunset Avenue Improvement Project (City Project #13-011) Project Engineer Thongvanh reviewed the project area. Reviewed the bids received. Time- line for construction is from now until mid-November. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-109 AC- CEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CON- TRACT FOR THE SUNSET AVENUE IMPROVEMENTS PROJECT, CITY PROJECT #13-011. Comments: Keeney: Stated that concern has been expressed about the number of projects Chard has this season and whether they can meet the timeline for construction. Thongvanh: The contract includes charges that can be applied for delays. Chard has many projects with the City, but they utilize several crews and coordinate the projects to assure com- pletion. Hedberg: Sought clarification on the correct amount of the bid. Thongvanh: $943,405. MOTION BY KEENEY, SECOND BY MCGUIRE TO AMEND THE RESOLUTION TO REFLECT THE BID OF $943,405. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. DRAFT 08 12 13 City Council Meeting Minutes g VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. NEW BUSINESS Consider Approval of Resolution 13-110 Adopting Findings in Support of Denying the Preliminary Plat known as Copper Cove Economic and Development Director Rogness noted that the deadline for making a decision on this preliminary plat is the end of this month. Representatives from the developer, K. Hovna- nian, have requested to address the Council. Provided a general overview of the project. City Engineer / Inspections Director Poppler reviewed the roadways in the 2030 Comprehensive Plan and described how this property would complete minor and major collector roadways. Dis- cussed the spacing of intersections on such roadways as well as signals on roadways around CR 42. Commented that this site has grading challenges due to widely diverse topography. Stated that staff recommends a path around the unique wetland on the property. Noted that neighboring utilities are not deep enough to serve this property and explained why the sanitary sewer plan for the project is insufficient. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-110 ADOPT- ING FINDINGS OF FACT IN SUPPORT OF DENYING A PRELIMINARY PLAT KNOWN AS COPPER COVE. Hedberg: Understands that the developer and property owner are in attendance and com- mented that if they are invited to make a presentation, it should focus on new information. McGuire: Noted that a developer was in the audience a month or so ago and they were not allowed to make a presentation. Does not see value in another presentation at this point and would prefer to have the developer available as a resource for questions. Keeney: Stated it is important to evaluate this in the context of making it work with the roadway network. Shared concerns about the Carriage Hills Parkway intersection spacing. Commented that difficulty in planning arises from not having a commitment from the adjoining property. Queried about intersections conforming to City standards. Poppler: Replied that having one intersection on Carriage Hills Parkway on this property and one on the adjoining property would conform to standards. Keeney: Asked about the roadway connections to the east noting that some are closer than current standards. Poppler: Replied that they were completed prior to 1999 before current standards were adopt- ed. Keeney: Stated he wants the project to move forward and succeed and believes there is oppor- tunity to come back with a proposal that better meets City standards. Questioned the intersec- tion on street three as it seems an awkward angle. Concurred with the desire to get the sewer and water near the lakeshore relocated and working with the developer to get that done. Morton: Asked if review of the most recent revisions offered by the developer had any substan- tive improvements. Poppler: Major changes submitted were on Cardinal Street and a cursory review indicates it met standards for grade and curvature. Expressed concern that it appears the sanitary sewer is flowing to the east and that does not have City right of way. Noted that a complete review is not done. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of an Ordinance Amending Subsection 602 of the Prior Lake City Code Related to Hazardous and Diseased Trees Public Works / Natural Resource Director Gehler described the State's new recommenda- tions for managing Oak Wilt disease. Noted that neighboring cities' ordinances were reviewed DRAFT 08 12 13 City Council Meeting Minutes 9 to assure consistency in management with neighboring areas. Reviewed the proposed changes to the ordinance. Rosow: Recommend the addition of the words, "on such land," in section 602.500, line three. MOTION BY MCGUIRE, SECOND BY SOUKUP TO APPROVE ORDINANCE 113-10 AMEND- ING SECTION 602, HAZARDOUS AND DISEASED TREES, OF THE PRIOR LAKE CITY CODE. Morton: Asked if property owners might experience hardship by moving the timeline for tree removal to when the ground is frozen. Gehler: Replied that November and December is proposed for tree removal as the ground will be solid and equipment can be moved in for tree removal before heavy snows. Morton: Noted that the issues section of the agenda report indicates that procedures are not precisely set. Gehler: The new ordinance language gives staff more latitude in prescribing abatement proce- dures. Internal operating procedures for how to handle various diseases will be set out. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OTHER BUSINESS Soukup: The Ridgemont / Main / CR 44 project begins on August 19. Asked how the roadway will be kept open and the timeframe for completion. Poppler: Described the staging of the project and the impact on traffic. Due to removal of soil to make room for the new roadway, it may be late September before there is significant traffic shutdown. There will be flagging operations to move trucks in and out. Recommended avoid- ing the area if possible. Soukup: Asked about the hours of operation and accompanying noise. Poppler: Replied the standard working hours are from 7 a.m. to 7 p.m. and on Saturday from 8 a.m. to 5 p.m. Hedberg: Complimented the Chamber of Commerce on its Lakefront Days Festival. A public meeting is scheduled forAugust 15 at 5 p.m. regarding the TH 13 access study which was or- dered to find out if and under what conditions a stoplight might be approved for the Franklin Trail intersection. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Soukup and seconded by Morton. The motion carried and the meeting adjourned at 9:55 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT O8 12 13 City Council Meeting Minutes 10