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Home My WebLink About03 10 14 City Council Meeting Minutes4646 Dakota Street SE Prior Lake MN 55372 , 6)+90%6'-8='392'-01))8-2+1-298)7 March 10, 2014 '%008336()6 The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, 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, Community and Economic Development Director Rogness, Planner Matzke, Fire Chief Hartman, Police Chief O’Rourke and Assistant City Manager Meyer. 49&0-'*3691 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 governmental topics rather than private or political agendas. Topics may be addressed at the Public 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. 'SQQIRXW No person stepped forward to speak. %4463:%03*%+)2(% proposed to remove Item 8A pending receipt of signed agreements from the SMSC. 'MX]1EREKIV&S]PIW MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE AGENDA AS AMENDED. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. %4463:%03*1))8-2+1-298)7 MOTION BY SOUKUP , SECOND BY KEENEY TO APPROVE THE MINUTES OF THE FEBRUARY 24, 2014 CITY COUNCIL MEETING. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay abstained since she was not present at the February 24, 2014 meeting. 'SYRGMPSV1SVXSR The motion carried. '327)28%+)2(% reviewed the items on the consent agenda. 'MX]1EREKIV&S]PIW Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com A. Consider Approval of Claims Listing B. Consider Approval of Resolution Amending the Assessment Policy with Respect to Trunk Oversizing. C. Consider Approval an Amendment to the City Council Bylaws with Respect to the Public Forum. requested removal of 5C. /IIRI] MOTION BY MCGUIRE , SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS AMENDED. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. '6)13:)(z'SRWMHIV%TTVSZEPSJER%QIRHQIRXXSXLI'MX]'SYRGMP&]PE[W[MXL6IWTIGXXSXLI 4YFPMG*SVYQ MOTION BY SOUKUP, SECOND BY KEENEY, TO APPROVE AN AMENDMENT TO THE CITY COUNCIL BYLAWS WITH RESPECT TO THE PUBLIC FORUM. Explained that the Bylaws change recommended that (1) the public forum is not the appro- 'SYRGMPSV/IIRI] priate place for subjects that are or will be part of a public hearing; and that (2) because public hearings do not always allow for full input by closing them on the same night, it was proposed that the public hearings can be continued if the Council feels additional information or input may be needed. Advised that Councilor Soukup and Keeney served on the subcommittee. Further comment- 1E]SV,IHFIVK ed that the public hearing process will change somewhat going forward, and review the process. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. : 46)7)28%8-327 %'SRGITX4PERJSV%GVI6IWMHIRXMEP(IZIPSTQIRXF]4YPXI,SQIWSRE7MXI0SGEXIH7SYXLSJ 'SYRX],[]ERH2SVXLSJ0S[IV4VMSV0EOI : Provided a brief overview of the location and history with the property before turning the podium over 1EX^OI to Dick Bolger, owner of the Meadowlawn property, and Ian Peterson, Vice President of Pulte Homes, to dis- cuss the concept plan for the site. Advised that a previous plan for this site was at the preliminary plat stage with a development known as Copper Cove. : Discussed the history of the property, and the intent to sell the farmland and creating a “new Meadow- &SPKIV lawn”. : Introduced Pulte Homes as a developer, and discussed the general concepts for this develop- -ER4IXIVWSR ment including connectivity of streets and trails, showcasing the natural amenities, and creating a community gathering area. Ϯ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ : Discussed the attributes of the site and the challenges, including wetlands, woods, 4EYP,EYIV 7XERXIG shoreland district, and complex drainage. Further discussed goals for the project including, street and pedes- trian connectivity, limiting access to Carriage Hills Parkway, planning Bolger Enclave, connection to Rolling Oaks Circle, Ferndale, and County Road 42. Discussed their analysis that the Cardinal Street and Shore Trail connections might not be necessary, and concern with the practicality of relocating the existing sewer, and also asked that further consideration be given to accessing sewer through Rolling Oaks. : Briefly advised that the proposed development of Bolger Enclave is contemplated with this &VYGI1EPOIVWSR development and the Council should expect a concept plan upcoming. Council Comments: : Asked about the intersection access at County Road 42. 1SVXSR : Advised that there needed to be discussion with the County and they are not that far yet. 4EYP,EYIV : Commented that the sidewalk should continue on both sides. Asked about connectivity for this de- /IIRI] velopment down to the lake. : Advised that connectivity to the lake from this area was brought forward by City staff and dis- 4EYP,EYIV cussed but is not currently proposed.Lots south of Carriage Hills Parkway will be a part of the preliminary plat and should provide more specifics about roadway networks and access. : Clarified that the properties south of Carriage Hills Parkway will be considered as part of the Bolger ,IHFIVK Enclave. : Commented that the access to Ferndale appears to be an awkward connection. /IIRI] : Asked about design plans for the home models on the site 7SYOYT : Advised that they do not have home designs with them but that the products would be similar to 4IXIVWSR other Pulte products. : Concerned about Rolling Oaks residents and encouraged developer to work closely with the neigh- 1G+YMVI borhood. : Advised that it is significant that the street connections occur, appreciated that both properties de- ,IHFIVK velop together, liked the trail around the wetland and commented on the view to the lake. Concerned as well about the Rolling Oaks neighborhood. Overall liked the concept of the development. There is a neighborhood meeting for the Rolling Oaks neighborhood on March 19, 2014 at 6:30pm. : Discussed that the neighborhood wanted some additional education on how development occurs, and 4STTPIV we also will discuss some of what we learned from the concept plan presentation for this site. 49&0-',)%6-2+7 %'SRWMHIV%TTVSZEPSJE6IWSPYXMSR3VHIVMRKXLI1ETPI0ERI1YWLXS[R6SEHERH4EREQE%ZIRYI 7XVIIX-QTVSZIQIRX4VSNIGX 4VSNIGX ERH3VHIVMRK4VITEVEXMSRSJ4PERWERH7TIGMJMGEXMSRW : Advised that Pete Schmitt with Scott County was also present. Discussed the process with this 8LSRKZERL project to date and the issues with road condition, old and/or failing septic systems, costs, and water/sewer infrastructure. Discussed the project changes including delaying about 1000 feet of sidewalk, changing Maple Lane sewer connections, proposing a greater contribution from the Trunk Fund for the utility extension along Panama, the Water Quality Fund and Street Oversize Fund. Advised that the overall estimated assessment for the project reduces to $16,906 per unit for utilities and $26,865 per unit for street & utilities. Lastly dis- cussed that if the project moves forward, the bid opening would occur in early June. At that point, the assess- ment numbers would become more specific. Final approval on whether the project gets built would be at that meeting in June, with a number of neighborhood meetings in between. ϯ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ : Asked about the determination the Assessment Review Committee made to fund more of the project /IIRI] through Trunk Fund. : Advised that Councilors McGuire and Morton participate in the Assessment Review Committee. ,IHFIVK : Advised that the Assessment Review Committee discussed a number of options. Believed the group 4STTPIV landed at 50% of the costs as a fair distribution. : Advised that the consensus was that the project needed to get done, but that the costs needed to be 1G+YMVI addressed. Believed the policy change provides the Council flexibility in addressing some of these types of situations with extenuating circumstances – in this case the annexation of a fully built neighborhood. : Asked how much additional area is served by the Panama sewer extension in terms of acres or future /IIRI] homes. : Explained the area where development would occur. 8LSRKZELR : Clarified that it is about 50-60 acres. 4STTPIV : Advised that the Comp Plan of the County contemplates urban development as far south as 180, th ,IHFIVK even though it is not in the City’s Comp Plan. : Advised that we would look at this as part of the City’s 2040 Comp Plan update. 4STTPIV : Further asked what percentage of traffic is utilized by park users. /IIRI] : Projections are ……….. 8LSRKZELR : Also advised that the developer of the next phase of the Enclave has been asked to pave the final ,IHFIVK segment of 180 to Mushtown. th : Discussed how the City’s assessment policy is a document that tries to take state statute and apply &S]PIW those rules across many, many different circumstances. Further discussed the changes proposed as a means to provide some flexibility in extenuating circumstances. MOTION BY MCGUIRE, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. : Asked that the public hearing participants discuss new items of business rather than repeating testi- ,IHFIVK mony from the last public hearing. (): Commented on sidewalk extension along Mushtown and Panama, and 'LVMW'EWOI] 1YWLXS[R6SEH asked if the homeowners would be paying for it. Discussed that based on the numbers, Panama is 1920 linear feet, which is 65% of the linear footage of the entire project, and that there is an additional $195,000 in land acquisition for easements. Mushtown is only 35% of the total footage. Believes that the costs for the project for Panama is approximately $500,000, and the assessment should not include land acquisition costs on Panama Avenue. Further did not believe that his property received special benefit from the extra stuff on Panama. (): Commented that he did not believe it was fair that he did not get an )VRMI4IEGSGO 4EREQE%ZIRYI opportunity to rebut the Council comments during deliberation. : Advised that in this government setting it is a limited forum and it is the Council’s opportunity to take ,IHFIVK in information and deliberate. : Believed the City was being disingenuous in its original promise that 65% of the residents would 4IEGSGO need to approve the project. Believe staff lied to him that there was not enough staff to call property owners individually. Further commented on the Scott County document distributed related to septic systems that was ϰ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ unreadable, and noted that in his conversation with Pete Schmitt, Mr. Schmitt indicated that the County had no reasonable way of knowing the status of the septic systems. Continued that he viewed footprints in his yard on one occasion, and no one knew anything about it. He subsequently filed a police report, and later found out that WSB had been on the properties without notice checking elevations. Demanded to see the reports from WSB, and insinuated that someone was being deceitful. Advised that he was not permitted to sit in on meetings between City staff and County staff. Believed that the City should access its $1 million in surplus funds to offset the costs of this project. Made a formal request to have third party inquiry into the conduct of City Manager Frank Boyles and City staff, and that Citizens for Accountable Government should be included in the investiga- tion. (): Asking for clarification if the hookup from the curb to the house is esti- 6]ER7XSGOEVH 1ETPI0ERI mated at approximately $10-$12k. Asked what happens if the hookup isn’t financially feasible, and if there are low-interest loans or some tool to help. (): Supported the project and believed that many of the homeowners 'LVMWXMRI;IEXLIVEPP 1YWLXS[R need the project. Concerned with the costs. Asked why the appraisal information is confidential and what the process is for proving value. Did not believe Maple Lane needed to be reconstructed. Further noted that Mushtown will remain a main access for traffic. (): Asked why the City is paying for the resurfacing for Carriage Hills, but a larger %RHIVWSR 4EREQE project for Mushtown. : Suggested that this project be separated into two projects and it would be a simple solution. Repeat- 'EWOI] ed previous comments. asked if there were any others who wished to speak at the public hearing, and hearing none, pro- ,IHFIVK ceeded to go through the questioned asked. : Advised that the $131,000 from the Street Oversizing Fund were used to pay for the sidewalks. 8LSRKZELR : Advised that with the current design, the Maple Lane sewer and water is accessed off of Panama. It 4STTPIV isn’t necessarily distributed the way Mr. Caskey represented. We are looking at one project area, and the state statute allows that the costs can be distributed over the project area. To bid the projects together, but assess them separately is even more complicated. : Asked the Assessment Review Committee to comment. ,IHFIVK : Advised that because of the vacant land along Panama, and that more than 50% of the lots hook up 1G+YMVI on Panama and somewhat less on Mushtown, it was a unique project and should be paid for as part of the City’s costs. Further commented that the $262K Trunk Fund allocation would not be recommended without including Panama. : Advised that utilizing Panama for the hookups for the Maple Lane properties saved those property 1SVXSR owners money, as well as allowed the City to consider additional oversizing. : Reviewed Mr. Peacock’s questions and requests. ,IHFIVK ϱ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ : Advised that a neighborhood meeting is typically done when the City Council approves the feasibility 4STTPIV study. That meeting was held. In the case of Rolling Oaks, there is a meeting being held at the request of the neighborhood. Further discussed that this issue of how and when WSB entered properties to record elevations was discussed at the last City Council meeting. There is no specific report, but rather survey data and design points identifying locations of wells and septic systems. There are probably some time sheets available. Ad- vised that his understanding was that WSB knocks on doors before accessing property. : Suggested that we clarify the protocol that is expected going forward. ,IHFIVK : Commented that with respect to Mr. Peacock’s comment about utilizing reserves, the Council has &S]PIW already proposed allocating additional funding, but that the Council has the discretion to further utilize reserve funds. : Advised that there are perhaps some grants available, but the grants are on certain timelines and 4STTPIV would delay the project. Noted that on Sunset Avenue project, grants funds paid for 50% of the sanitary sewer components that cleaned up potential eligible hazards.We would have to go through a scoring process to see if we were eligible. : Asked if we looked into the grant, does that restrict other funding. 7SYOYT : Clarified that you can use any combination of sources. 4STTPIV : Suggested staff look into the options for qualifying for grants. /IIRI] : Advised that the Council could still move the project forward and a grant review process can take ,IHFIVK place pending the June assessment hearing. : Advised that if there was grant funding available it would be likely that the Assessment Committee 1G+YMVI would recommend less from the Trunk Fund. The Assessment Committee was attempting to get the assess- ment comparable to the Sunset Avenue project. : Advised that the Assessment Committee did discuss the impact to Trunk Fees and future develop- 1SVXSR ment. asked if the Council wished to respond to Mr. Peacock’s request for an inquiry into staff conduct. ,IHFIVK : Believed it would be a waste of staff time, and that there was no concern about the ethics of the staff. 1G+YMVI : Commented that it does demonstrate how important communication and transparency is as the pro- /IIRI] ject moves forward, and understanding how engineers and homeowners might have differing perspectives. Did not see intentional misconduct, and apologized to the homeowners if we could do better. Did not support an investigation. : Asked about options or penalties for failing to hookup. Advised that the City has been discussing ,IHFIVK options where perhaps that cost could be added to the assessment. : Asked about a provision of the Orderly Annexation Agreement where an extension could be authorized 1SVXSR for up to three years if the septic system was inspected and found in compliance. ϲ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ : Confirmed that the provision was part of the Annexation Agreement. 8LSRKZELR : Repeated Ms. Weatherall’s questions. Further commented that it is the City’s intent to be fair for all. ,IHFIVK : Explained the benefit appraisal process utilizes representative properties to give staff a sense if the 4STTPIV assessment can be supported. The company used by the City is one we have used for many years. : Further explained that a benefit appraisal is secured prior to an actual assessment in order to be able 6SWS[ to advise the Council if there is benefit in compliance with state statute. Noted that if assessments were ap- pealed on this project, further appraisals would be done on those properties in order to prepare for trial. : Commented that Maple Lane does not have concrete curb and gutter and does not currently meet 8LSRKZELR standards. To leave a small cul-de-sac out of the project would be detrimental financially to the property own- ers in the future when Maple Lane needs to be fully reconstructed. : Commented that including curb and gutter on the street extends the life of the street. ,IHFIVK : In addressing Mr. Anderson’s question about Carriage Hills, explained that Carriage Hills already has 4STTPIV concrete curb and gutter and is not a full reconstruction. The City pays for rehabilitation projects, but only partially for full reconstruction projects. : Commented that he believed the project needed to be done. Advised that the Orderly Annexation ,IHFIVK Agreement provides that the area would be incorporated into the City. The project is being done at this time in order to protect the natural area lakes, and nearly all of the homes are within the shoreland district and pose tremendous risk (not all identified) to the water quality. Further commented that Mushtown Road is a collector street and needs to be addressed in order to manage increased traffic. Noted that the County indicated that if a septic system fails or goes through a certification inspection that shows the systems are non-compliant, en- forcement would be required. The City has done its best to mitigate the costs to be consistent with other pro- jects. Supports the project. : Believes that eventually the project will need to happen and the two reasons for doing it sooner rather /IIRI] than later are the traffic management on Mushtown and the potential for failing septic systems. Did comment that the Trunk Fund allocation should be higher because of the number of properties benefitting to the south by future development. Also believes that the taxpayer (Street Oversize Fund for development to the south, and taxpayer for the portion related to the park) should pick up more for the Mushtown Road improvements given the park. Suggested another $300k from the Trunk Funds to be feasible. : Suggested that the project move forward, and that the Assessment Review Committee reconvene in 1G+YMVI order to address some of the funding suggestions, including grant money, and the 3-year hookup as well as the potential for rolling that into the assessment. : Advised that at this point in the decision making process, the funding sources are not part of the ,IHFIVK decision and can be further examined. : Agreed that the project needs to move forward, but would like to see additional options for funding. 7SYOYT Asked about a timeline for what’s available from a grant perspective. ϳ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ : Advised that they can bring back a report, and suggested a direction to staff to authorize grant appli- 4STTPIV cation. : Suggested striking paragraph 7 and 11 on the revised resolution. /IIRI] : Clarified that paragraph 7 is not required, but paragraph 11 is necessary to meet the statutory regula- 6SWS[ tions related to bonding. : Asked if there is a motion to close the public hearing. ,IHFIVK : Asked if the appropriate action related to funding would be to close or continue the public hearing. 1SVXSR MOTION BY MCGUIRE, SECOND BY SOUKUP, TO CLOSE THE PUBLIC HEARING. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. MOTION BY KEENEY, SECOND BY MCQUIRE, AMENDING THE RESOLUTION TO ELIMINATE PARA- GRAPH 7. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. MOTION BY SOUKUP, SECOND BY MCGUIRE, DIRECTING ASSESSMENT REVIEW COMMITTEE TO REVIEW OPTIONS FOR ROLLING HOOKUP FEES INTO THE ASSESSMENT, 1-3 YEAR DEFERRAL, AD- DITIONAL USE OF TRUNK FUNDS TO OFFSET ADDITIONAL SEWER AND STREET COSTS, GRANT FUNDS, AND AUTHORIZING STAFF TO MAKE APPLICATION FOR POTENTIAL GRANTS. McGuire: Clarified that the intent of number 4 is to look at both trunk fund and ad valorum tax. Soukup: Accepted the friendly amendment. Boyles advised that action had not yet been taken on the main resolution ordering the project. MOTION AND SECOND WERE WITHDRAWN. MOTION BY KEENEY, SECOND BY MCGUIRE APPROVING ORDERING THE MA- 6)73098-32 PLE LANE, MUSHTOWN ROAD, AND PANAMA AVENUE STREET IMPROVEMENT PROJECT (PROJECT #14-011) AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, WITH THE DELETION OF PARAGRAPH 7. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. MOTION BY SOUKUP, SECOND BY MCGUIRE, DIRECTING ASSESSMENT REVIEW COMMITTEE TO REVIEW THE OPTIONS FOR ROLLING HOOKUP FEES INTO THE ASSESSMENT, 1-3 YEAR DEFERRAL ϴ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ OF HOOK UP CHARGES, ADDITIONAL USE OF TRUNK FUNDS AND/OR AD VALOREM TAX TO OFFSET ADDITIONAL SEWER AND STREET COSTS, GRANT FUNDS, AND AUTHORIZING STAFF TO APPLYING FOR APPLICABLE GRANTS IF TIME-SENSITIVE. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. The City Council took a brief 10 minute recess. &'SRWMHIV%TTVSZEPSJE6IWSPYXMSR%TTVSZMRKXLI:EGEXMSRSJE(VEMREKIERH9XMPMX])EWIQIRX 0SGEXIH[MXLMRXLI4VSTSWIH,MGOSV]7LSVIW7SYXL4PEX : Provided a brief staff report consistent with the agenda materials. 1EX^OI MOTION BY KEENEY, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. Public Hearing opened at 9:55pm. No persons chose to speak on this item. MOTION BY SOUKUP, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. MOTION BY KEENEY, SECOND BY SOUKUP APPROVING VACATING A DRAINAGE 6)73098-32 AND UTILITY EASEMENT LOCATED WITH THE PROPOSED HICKORY SHORES SOUTH PLAT. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. 30(&97-2)77 6)13:)(%'SRWMHIV%TTVSZEPSJE6IWSPYXMSR%TTVSZMRKE;EXIV4YVGLEWI%KVIIQIRXERHER )WGVS[%KVIIQIRXFIX[IIRXLI'MX]SJ4VMSV0EOIERHXLI717'ERH%YXLSVM^MRKXLI1E]SVERH'MX] 1EREKIVXS)\IGYXI7EQISR&ILEPJSJXLI'MX] 2);&97-2)77 %'SRWMHIV%TTVSZEPSJXLI4VIPMQMREV]zXL5YEVXIV*MRERGMEP6ITSVX provided a brief overview consistent with the staff report, advising that $537,000 *MRERGI(MVIGXSV)VMGOWSR was used from reserves rather than $800k; the City is also experiencing $233k in additional revenues; recogni- ϵ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ tion of fair value paper adjustment of investments against the cost to purchase them; expenditures were ap- proximately $60k under budget primarily related to staff turnover with some higher than expected costs related to a work comp insurance payment, and utility costs. MOTION BY MORTON, SECOND BY MCGUIRE ACCEPTING THE PRELIMINARY 2013 – 4 QUARTER TH FINANCIAL REPORT. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. &'SRWMHIV%TTVSZEPSJ6IWSPYXMSRW %TTVSZMRKE*MREP4PEXJSV,MGOSV]7LSVIW7SYXLERH%YXLSV M^MRKXLI1E]SVERH'MX]1EREKIVXS)\IGYXIE(IZIPSTQIRX%KVIIQIRXERH %TTVSZMRKE*MREP *PI\MFPI(IZIPSTQIRX4PER provided an overview of the item consistent with the staff report, advising of trail options. 4PERRIV1EX^OI : Supported Option 2. /IIRI] : Supported Option 2 as well. 1SVXSR : Asked if there is funding in Capital Park Fund for development of Rice Lake Park. ,IHFIVK : Confirmed but this park does not lend itself to our standard development which is why we are consider- +ILPIV ing options. : Clarified that the park dedication fee is satisfied through the dedication of land. 1EX^OI : Commented that the proposed trails in the developer’s plan include the Golden View trail. Supports ,IHFIVK Option 2. MOTION BY MCGUIRE , SECOND BY MORTON, TO APPROVE APPROVING A 6)73098-32 FINAL PLAT FOR HICKORY SHORES SOUTH AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT SELECTING OPTION 2. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. MOTION BY MORTON , SECOND BY SOUKUP, TO APPROVE APPROVING A FINAL 6)73098-32 FLEXIBLE DEVELOPMENT PLAN FOR HICKORY SHORES SOUTH. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. ''SRWMHIV%TTVSZEPSJER3VHMRERGI%QIRHMRK7YFWIGXMSRWERHSJ XLI4VMSV0EOI'MX]'SHI6IPEXIHXS%PXIVREXMZI7GLSSPWMRXLI+IRIVEP&YWMRIWW9WI(MWXVMGX reviewed the particulars of the ordinance amendment consistent with the staff report. 4PERRIV1EX^OI ϭϬ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE AMENDING 1102.1103, 36(-2%2') 1102.1104 AND 1102.1105 OF THE PRIOR LAKE CITY CODE ALLOWING ALTERNATIVE SCHOOLS IN THE GENERAL BUSINESS USE DISTRICT AS A CONDITIONAL USE RATHER THAN INTERIM USE. : Commented that the School District advised that the program is very successful and they desire to /IIRI] continue the program. : Asked if a condition can be added that the property owner cannot waive its property tax exemption. ,IHFIVK : Confirmed. 6SWS[ MOTION BY HEDBERG, SECOND BY SOUKUP TO ACCEPT THE AMENDMENT TO ADD A CONDITION THAT THE PROPERTY OWNER CANNOT WAIVE ANY POTENTIAL PROPERTY TAX EXEMPTION. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. VOTE ON THE ORIGINAL MOTION TO APPROVE THE ORDINANCE AS AMENDED. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. (z'SRWMHIV%TTVSZEPSJER3VHMRERGI%QIRHMRK7YFWIGXMSRWERHSJXLI4VMSV 0EOI'MX]'SHI6IPEXIHXS8VII4VIWIVZEXMSRERH6IWXSVEXMSR reviewed the particulars of the ordinance amend- 'SQQYRMX] )GSRSQMG(IZIPSTQIRX(MVIGXSV6SKRIWW ment consistent with the staff report, advising that the amendment is to apply the tree preservation and restora- tion requirements to vacant wooded lots prior to a development application. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE AMENDING 1107.2102 36(-2%2')CCCC AND 1107.2105 OF THE PRIOR LAKE CITY CODE RELATED TO TREE PRESERVATION AND RESTORA- TION WITH 2.5 ACRES WITH 25 OR MORE SIGNIFICANT TREES. : Commented that she is struggling because it seems a private ownership issue if a person wants to 1SVXSR remove trees. : Advised that there is a 35% allowance which is the same a developer would be subject to. Tried to 6SKRIWW make it fair between two types of interests in the property. : Asked if once they hit 35%, can they make application for another 35% thereafter. /IIRI] : Suggested he and staff go back and craft language related to both the 10 acres, developed or unde- 6SWS[ veloped, and Councilor Keeney’s comment. withdrew the motion, Keeney withdrew the second. 1G+YMVI MOTION BY MCGUIRE, SECOND BY KEENEY TO DIRECT STAFF TO TAKE THE INPUT AND REEVALU- ATE OPTIONS BASED UPON THE FEEDBACK. Hedberg Keeney McGuire Morton Soukup :38) Aye Nay The motion carried. ϭϭ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ -8)176)13:)(*631'327)28%+)2(% -XIQW6IQSZIHJVSQXLI'SRWIRX%KIRHE[IVIEHHVIWWIHHYVMRKXLIHMWGYWWMSRERHETTVSZEPSJXLI'SRWIRX %KIRHE 38,)6&97-2)77 : Noted that the Prior Lake Firefighter’s Spring Dance is upcoming. 7SYOYT %(.39621)28 With no further business brought before the Council, a motion to adjourn was made by MORTON and second- ed by SOUKUP. The motion carried and the meeting adjourned at 10:43pm. ___________________________________ Frank Boyles, City Manager ϭϮ ϬϯϭϬϭϰŝƚǇŽƵŶĐŝůDĞĞƚŝŶŐDŝŶƵƚĞƐ