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HomeMy WebLinkAbout4 - Minutes of 01 26 15 i O� FR.IO+j' ti U 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES INNESo�P January 26, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, and Morton. Councilor Thompson was absent. Also present were Manager Boyles, Assistant Manager Meyer, Attorney Rosow, Finance Director Erickson, Engineer/Inspections Director Poppler, Project Engineer Thongvanh, Community and Economic Development Director Rogness, Planner Matzke, Public Works Director Gehler, Police Chief O'Rourke, Communications Coordinator Peterson, and Executive Assistant Dull. PUBLIC FORUM Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:04 p.m. Curt Hennes, (17286 Sunset Tr. SW, Prior Lake, Spring Lake Estate Boat Slips): Asked Council to take into consideration the sulfate treatment which accounted for only 30 boat slips and potential for shoreline damage when deliberating on agenda item 8B. Brian Lundquist(17291 Sunset Ave., Shakopee, Spring Lake Estate Boat Slips): Noted the five day appeal was following Christmas and inquired when the deadline was since City Hall was closed during that time. Also noted it was an administrative decision and asked whether the zoning administrator is elected or appointed. Mike Baldwin (2743 Spring Lake Rd., Spring Lake Estate Boat Slips): Pointed out Spring Lake Estates requested 54 boats slips and asked what would happen in the future as the current ordinance would allow up to 75. Commented five day appeal was insufficient time to respond and the boat slip study numbers for parking spaces were significantly increased and not using accurate data. Added increased boat traffic adds safety issues. Christian Markeberg (17356 Vergus Ave, Jordan, Spring Lake Estate Boat Slips): Concerned with the decision process and expected more thorough discussion before a decision is made. Jeff Will (2600 S. Shore Dr., Prior Lake, Spring Lake Estate Boat Slips): Commented he and other Spring Lake residents were not properly notified.Added that increased boat slips were rumored and was told he'd be notified but was not. Stated people have put a lot of money in erosion control on shorelines and the lake is prone to flooding and suggested Council require Spring Lake Estates address any erosion on their shoreline. Sarah Collest (1951 Belmont Ave., Prior Lake, Spring Lake Estate Boat Slips): Stated two individuals from the Spring Lake Estates neighborhood were involved in the process and the public has been noticed as this item has been discussed for some time. Added Spring Lake Estates had a contract valued in excess of$200,000 for the boat slips in reliance upon the decision. Commented that she was unsure of how many boats would be on the lake and that any diminishing value in lake quality was just hypothesis as the real pollutants were caused by runoff from farmland, fertilizers, etc., not a couple of extra boats. Hedberg: Closed the Public Forum at 7:17 p.m. 1 APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE THE AGENDA AS AMENDED TO INCLUDE ITEM 5L. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF JANUARY 12, 2015 CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY MCGUIRE, TO APPROVE THE MINUTES OF THE JANUARY 12, 2015 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA Boyles: Reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Building Permit Summary Report C. Consider Approval of Animal Control Services Report D. Consider Approval of Fire Department Report E. Consider Approval of Police Department Report F. Consider Approval of a Resolution Accepting Proposals, Awarding the Contract, and Authorizing the Mayor and City Manager to Enter into the City's Standardized Professional Services Agreement for Engineering Services for the Credit River Road Forcemain and Lift Station Design Project(TRN15-000006) G. Consider Approval of a Resolution Approving the Plans and Specifications and Authorizing Advertisement for Bids for the Reconstruction of Highland, Marsh,Skyline,Grainwood, Eau Claire Improvement Project(TRN 15- 000004) H. Consider Approval of a Resolution Awarding a Contract to Bergerson Caswell Well Company for the Maintenance and Repair of Well#4 I. Consider Approval of a Resolution Authorizing Extension of the Deadline for Recording a Final Plat for Eagle Creek Commercial J. Consider Approval of Resolutions Authorizing Additional Extension to the Cable Television Franchise Agreements with Integra Telecom and Mediacom from Their Termination Date and Original Extension Deadline Until New Agreements Taking Their Place are Approved and Executed by Both Parties K. Consider Approval of a Resolution Accepting Donations and Grants to the City during the Fourth Quarter of 2014 L. GoRsideF Approval of a Letter to the Minneseta Department of TraRspertation on Support of InteFGity Rail Morton: Requested 5L be removed for discussion. Keeney: Commented on 5G that it reserves the decision for street lights to a later time and bids will be received to include street lights but they may be removed from the project at a later time. 0126 15 City Council Meeting Minutes 2 Hedberg: Noted building permits totaled 126 residential units for the year which was below the 160 which was budgeted for and thus has impacted the budget. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS AMENDED REMOVING ITEM 5 L. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ER The motion carried. PUBLIC HEARINGS: 8A. Consider Approval of a Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll, and Establishing the Date of the Assessment Hearing and Publication Thereof for the Maple Lane, Mushtown Road, Panama Avenue Improvement Project(TRN 14- 000001) Thongvanh: Reviewed the staff report dated January 26, 2015 in connection with the agenda item. Staff recommended approval of a resolution declaring costs to be assessed, ordering preparation of proposed assessment roll and establishing the date of the assessment hearing and publication thereof for the Maple Lane, Mushtown Road, Panama Avenue Improvement Project(TRN14-00001). McGuire: Advised the Assessment Review group discussed not having an assessment hearing until after awarding the contract so there is a better understanding of project cost, amount to be assessed, and pending grant money. Morton: Added that waiting would provide better clarity in numbers as the amount used is not guaranteed and only an estimate and they may want to wait to have a better understanding of any credits that may come in. Thongvanh: Noted only 8 properties could qualify for credits and something to keep in mind is some of these properties may lose a year worth of credit as it is based upon installation date. Morton:Asked at what date would properties lose the year of credit, whether Council could hold the assessment hearing at any point, if there were any other options to follow up so a reasonable decision could be made, and whether there was any ability to deviate from the orderly annexation agreement dates. Thongvanh: Stated the date at which point properties lose a year of credit would vary and the dollar amount per year for a credit is $750 for those that are compliant. Added that assessment amount is calculated depending upon assessment date and provide a brief overview of the calculation process. Hedberg: Confirmed with Attorney Rosow that the Council could declare that qualified septic system credits be based upon the February 23rd date even if the hearing was held at a later date. Keeney: Confirmed that notice would only go out when setting the assessment hearing and the issue was not setting assessments but timing of the funding table. Added that resident comments say grant funds should be applied to reduce assessments rather than reduce trunk funds and he supported applying an additional$100,000 to special assessments. 0126 15 City Council Meeting Minutes 3 Morton: Explained numbers and amounts reviewed and used in Assessment Review and what they meant. Keeney: Confirmed with Councilors McGuire and Morton that the assessment amounts would have gone up. Pointed out that assessments were only reduced from $906,388 to$804,190 and overall increases were applied to all but he would like to see more applied to assessments. Disagreed with trunk fund versus what was assessed. Poppler: Explained that funding for sanitary sewer is not in tax levy at all and that in one case the clean water grant increased and trunk sewer went down but the factor is the as bid costs. McGuire: Commented that Assessment Review looked at ways to reduce assessments as if there was not grant and compared to other projects and they applied the grant similarly to bring assessment cots to average other city projects over the past three to four years. Hedberg: Inquired about land acquisition.Added that they would have normally expected the assessments to go up but instead they were reduced largely in part due to clean water grant. Thongvanh: Explained land acquisition was$75,000-$80,000 more than the feasibility report anticipated. Keeney: Suggested not only comparing assessments to other project assessments but also change the policy in trunk funding and compare it to other projects that had trunk aspects.Suggested moving forward with assessment hearing so notices are sent with the numbers and alleviate some concerns by residents and allow them time to figure out their financial situation. Commented he had no strong feelings for the date of the hearing but would like notices to go out to residents with the numbers provided. Morton: Suggested deferring the assessment hearing date to a date after the project is completed so as not to lock in the numbers and honor credits as of February 23rd. Agreed with Councilor Keeney to publish numbers and allow property owners time to figure out their financial situations but didn't want to lock assessments in. Asked if the Council proceeded with the February 23rd assessment hearing, could the assessed amounts be revised at a later date. McGuire: Inquired whether Council had to establish a certain dollar amount if the hearing was postponed. Commented he preferred to not set an exact amount but provide the intent to assess approximately$24,000 and postpone the assessment hearing until the construction is substantially complete. Rosow: Advised that the statute allows for the assessment hearing to be separated from awarding the project. Further explained that once the assessment hearing is held, Council could hear objections to individual assessments and lower property owner responsibilities but could not increase assessments without a new hearing. Erickson: Commented that Council was considering allowing property owners to have connection costs assessed which was roughly$5800 per property and that would also need to be considered for project bonding. Added that the bonding is tied to the assessment appeal process as a waiver of appeal would be required if allowing property owners to assess connection costs and an objection is required at or before the public hearing. Morton: Asked about septic certification, what attestation was required, and its timeline in the process. 0126 15 City Council Meeting Minutes 4 Rosow: Explained that certification could be on a separate timeline than the assessment hearing if Council decided to honor credits as of February 231d as discussed.Added that Council could hold the assessment hearing toward the end of the project but would need to know which properties opt in for the connection assessments in advance of awarding the project and project bonding as waiver of appeal would be required. MOTION BY MCGUIRE, SECOND BY KEENEY TO DIRECT STAFF TO PREPARE A RESOLUTION AWARDING THE PROJECT AT THE FEBRUARY 2380 MEETING AND SETTING FORTH A TIMELINE FOR VARIOUS ACTIVITIES INCLUDING, SEPTIC SYSTEM CREDITS, OPTING IN FOR CONNECTION CHARGE ASSESSMENTS, WAIVER OF APPEAL, SETTING ASSESSMENTS AND ASSESSMENT HEARING DATE, AND PROJECT BONDING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. 813. Consider Approval of a Report Regarding Boat Slip Ordinance, Spring Lake Estates Boat Slips and Related Recommendations Rogness: Reviewed the staff report dated January 26,2015 in connection with the agenda item. Staff requested direction from the Council. Keeney: Reinforced Mr. Rogness' conclusion that Spring Lake Estates was not dramatically impacted by the recent ordinance amendments, nothing changed except providing him additional criteria to consider, and the same results would have been reached under the previous ordinance language. Discouraged reversing the ordinance amendment. Asked that if Spring Lake Estates was found not using the use in the way applied for, would the Council have any opportunity for enforcement and could the Council place any conditions on the applicant to maintain their shoreline as there seemed to be ongoing conditions on association lots to maintain adequate erosion control. Suggested that association boat slips should be a conditional use permitting process going forward. Rogness: Explained that all association dock permits were on file with the DNR and have approved layouts. Believed that if the bay filled in, the Council could not require removal of the slips but if the configuration was changed, there may be recourse. Hedberg: Agreed with changing to a conditional use permit process and modifying the ordinance as it effects everyone on the lake. Added that Spring Lake was different than Upper and Lower Prior Lakes and should be taken into consideration as well as noting 1/3rd of Spring Lake's shoreline is still in Spring Lake Township and they should be included to adopt similar ordinances for association lots. Suggested enacting a moratorium until ordinance revisions are complete. McGuire: Agreed with changing to a conditional use permit process and enacting a moratorium until ordinance revisions are complete.Also noted that the staff decision was same whether using the previous ordinance or the revised but agreed that Spring Lake should be different than Prior Lakes and suggested reestablishing a marina and association committee to work on ordinance amendments. 0126 15 City Council Meeting Minutes 5 Keeney:Advised that the Council provides authority to staff through the administrative process as Council adopts the ordinances that allow such. Explained that through the administrative process,Council adopted the ordinance providing staff the authority to make a decision on its behalf if the requirements in that ordinance are met which is what Mr. Rogness did.Asked Council if like to consider a change in the numbers instead of 1 per 12.5 feet. Hedberg: Suggested whomever is directed to continue should look at the numbers and added that standards on Spring Lake should not be the same as Prior Lakes. Confirmed with Council that the administrative appeal process did not need to be revised at this point but the boat slip language should be revised according to the Council's discussion. MOTION BY MCGUIRE, SECOND BY KEENEY DIRECTING STAFF TO PREPARE A RESOLUTION TO ENACT A MORATORIUM ON BOAT SLIPS FOR THE NEXT MEETING ON FEBRUARY 9, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye 19 z M 19 C9 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Hedberg: Recessed the meeting at 8:57 p.m. and reconvened at 9:01 p.m. OLD BUSINESS 9A. Consider Approval of a Resolution Accepting the Feasibility Report and Ordering the Improvements for Concept 2A and the Preparation of Plans and Specifications for the Duluth Avenue Intersection Improvement Project(TRN15-000003) Poppler: Reviewed the staff report dated January 26, 2015 in connection with the agenda item and introduced Don Sterna, WSB Associates. Staff recommended the Council approve a resolution accepting the feasibility report and ordering the improvements for concept 2A and the preparation of plans and specifications for the Duluth Avenue Intersection Improvement Project (TRN15-000003), financing the Duluth Avenue Intersection Improvement Project to be undertaken by the City and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. Keeney: Asked about level of service ratings on the north side stating he did not see a need for improvements or the median as northbound traffic is not hung up turning left or going straight. Hedberg: Suggested at least providing a designated left turn lane and not installing median as it retains greater convenience and preserves access for the residents to travel northbound on Duluth. Morton: Agreed that traffic travel straight gets stuck behind left turners. McGuire: Asked what the cost savings would be to not install a median on the north side. Stated he favored Option 2 as opposed to 2A as it seemed dangerous to take a left from Holiday to northbound Duluth and trucks should also not be using that driveway for exiting. Suggested adding a 3-way stop on Village Lake Dr. Sterna:Advised it would be roughly$7,500 and the reason to install the median was to keep traffic flowing north. 0126 15 City Council Meeting Minutes 6 Keeney: Was not in support of roundabouts at this time but stated he would like to consider other options.Asked if staff could come back at a later time with the cost of phasing and maintaining access for businesses and that he generally supported Option 2A. Morton: Favored Option 2A because if diverting traffic to Village Lake Dr., Holiday's driveway should remain open to allow the access otherwise the only access would be too close to the intersection where traffic is being diverted. Hedberg: Suggested constructing a street immediately south of Holiday and Dairy Queen, north of the hardware store, connecting Duluth and Maplewood and putting a right turn from Hwy 13 into Village Market. Would like staff to explore the suggested but favored Option 2 of those recommended. Keeney: Pointed out that MnDOT may not agree to a right-in, right-out to Village Market from Hwy 13 and suggested attempting to move the access near The Pointe to a more central location. McGuire: Asked whether MnDOT would be open to a right in only option. Sterna: Advised that as traffic increases on Hwy 13, MnDOT intends to further restrict access and would not likely allow additional access points. Additionally, MnDOT prefers access points only at controlled intersections and has completed a long term access study for the area. Keeney: Asked whether there was any pressure to remove Maplewood's access. McGuire: Suggested moving old Toronto Avenue to a more central point but stated they would want to talk to people at that end of the shopping center first. Poppler: Asked whether the access swap Council was considering should be part of this project or look at for a future project. Hedberg: Clarified intent was informational and should not be part of this project. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 15-020 ACCEPTING THE FEASIBILITY REPORT AND ORDERING THE IMPROVEMENTS FOR CONCEPT 2, ELIMINATING THE MEDIAN ON THE NORTH SIDE, AND THE PREPARATION OF PLANS AND SPECIFICATIONS OF TH13 DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT (TRN15-000003); FINANCING THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT TO BE UNDERTAKEN BY THE CITY AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE PREVIOUS MOTION TO INCLUDE ONLY STANDARD LIGHTING FOR THE PROJECT WITH NO DECORATIVE LIGHTING OR BRONZE COLORING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ 0126 15 City Council Meeting Minutes 7 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. 9B. Consider Approval of a Response to the Department of the Interior, Bureau of Indian Affairs Regarding the Proposed Fee to Trust Application of the SMSC for approximately 90 Acres formerly known as the YMCA Property Boyles: Reviewed the staff report dated January 26, 2015 in connection with the agenda item. Staff requested Council direct staff regarding the preparation of comments and retaining an Indian Law specialist. Hedberg: Commented the parcel is part of Camp,which has been around before the 1960's and understood the parcel has been tax free for many years. Added that the statements for the intent of the land is to keep natural which was similar to the use it had over the last 50+years. McGuire: Asked whether Shakopee and Scott County responded. Boyles: Advised he believed they had and he has requested a copy of those responses but has yet to receive them. Believed the responses were neutral in nature. Keeney: Stated he was 100% supportive of the area to remain a natural area and would love to see the camp continues as long as possible adding that the proposed use was completely compatible with the vision. Commented that easements for the right of way channel would need to be preserved as SMSC is operating the upper channel and continuation or lack thereof would impact Prior Lake. Asked if Mr. Rudnicki could comment on the outlet channels. Bill Rudnicki: Explained the SMSC had been part of the agreement with the organizations for the last few years and with last June's rising lake levels, there were some outflow issues. Advised the SMSC was working on a $42,000 fix of a culvert as well as an overflow and are in the process of making improvements to be in place by spring. Added that the agreement, which is signed by SMSC, PLSLWD, Prior Lake, and Shakopee, states the SMSC is responsible for regional stormwater and lake drainage channel and therefore, they also have an interest in continuing the channel operation. Hedberg: Commented that when property goes into trust, the BIA determines whether easements will continue or be vacated regardless of the agreement. Rudnicki: Stated his understanding was to keep the easement in place as they are aware of the water issues. Rosow: Advised that if the easement is of record, the BIA would conduct a title search and could either accept the encumbrance or require the easement be removed which would come to Council to go through the process of vacation. Keeney: Suggested the easement be mentioned in Prior Lake's response as there is an interest in seeing the easement preserved. 0126 15 City Council Meeting Minutes 8 Rudnicki: Provided a history of purchase to buy and lease back to the YMCA noting that the agreement is in place for ten years and if SMSC wanted to develop prior to the lease term expiration, there would be ascertain dollar amount that would need to be paid.Agreed it was the SMSC's intent to continue the arrangement. Morton: Asked what the overall tenor of the Councilors was for the response suggesting it be of a neutral guise. Hedberg: Stated other than the channel, assumed no or neutral response. Keeney:Opined with a neutral tone but suggested also mentioning potential tax base and provide the associated numbers, requesting the SMSC keep the property as park/camp, and add that incrementally, each application has a small impact but as a whole, trust land is a large portion of land holdings. Suggested maintaining a consistent history of responses that the whole has an impact but not necessarily an objection to the application. Clarified that both tax base removed and future potential should be listed carefully as well as land in trust that has been developed.Asked if they could track totals of land in trust for fear of blinding themselves to the overall impact. Recommended a factual response. McGuire: Agreed with a response similar to what Councilor Keeney described not being negative but maintain precedent and impact to the whole. Stated he was not in favor of opposition but would like to at least state concerns. Morton: Asked whether this response could be drafted by the City Attorney or if they still needed to consider engaging an Indian Law specialist. Rosow: Explained that suggestion was made primarily in connection with Stemmer Ridge Rd. project reasoning that if an issue is not initially raised, it cannot be raised later or in an action in district court. Since Council is not objecting, he didn't believe the Council would need to retain an Indian Law specialist and it his office could draft the response. MOTION BY KEENEY, SECOND BY MORTON TO DIRECT STAFF TO DRAFT A RESPONSE PER COUNCIL DISCUSSIONS AND PRESENT IT AT THE NEXT MEETING FOR APPROVAL. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. Keeney:Asked Manager Boyles to explain why the YMCA fee to trust and request for comments was brought to Council without much warning. Boyles: Explained that in October, the SMSC put together their application and the BIA sent certified notices to the local entities but didn't include the City of Prior Lake. During a meeting it was mentioned that the comment deadline was approaching which alerted staff to this pending application. Stated he immediately telephoned the tribal Regional Director as well as emailed her for a copy and request for an extension as the City was omitted from the notice list. SMSC staff provided us a copy of the notice and we received the official notice a few days later. Commented that this issue was immediately put on the agenda because he didn't want to give the impression that it has been out there for a while without attention and noted this was an administrative oversight of the BIA. 0126 15 City Council Meeting Minutes 9 9C. Consider Approval of a Cooperative Agreement between the City of Prior Lake and the Shakopee Mdewakanton Sioux Community for the Construction and Maintenance of the Extension of Stemmer Ridge Road to CSAH 82/154th Street Boyles: Reviewed the staff report dated January 26, 2015 in connection with the agenda item. Staff recommended the Council designate Mayor Hedberg and Councilor Keeney as the City's Negotiating Team to continue discussions regarding the Cooperative Agreement with the SMSC for the Stemmer Ridge Rd.extension. Hedberg: Requested Councilors provide comments and issues to be addressed with the SMSC Agreement for the negotiating team to use during the negotiation process. Morton: Commented issues were: 1)sovereignty and enforcement of the agreement once in Trust; 2)questions about the City's rights for the road right of way and utilities; 3)whether additional land would be purchased by the SMSC in the annexation area in the future, even though intent is not to purchase more land in the area now, and no expansion by the City invalidating the City's need to install utilities now; and 4)significant concerns about the amount of land being placed in trust as it keeps growing and the total was concerning to the City. McGuire: Concurred with issues stated and offered his concerns were: 1) the total 2400 acres; and 2) the long term road and utilities needed some sort of guarantee for access with respect to the City's annexation area. Keeney: Agreed with other Councilors and added: 1) the negotiating team set an appropriate scope as this project serves only the land identified; 2) noted a conflict that both the City and SMSC want to install utilities in the same place and road which needed to be further delineated; 3) construction of the road, location, and park access; and 4) impacts to the Prior Lake community with the amount of land going into Trust. Hedberg:Assented and advised concerns were: 1)securing permanent rights to use the road and access utilities; 2) 2400 acres being placed into Trust; 3) strongly worded guarantee by the SMSC to not continue purchase of additional property in that area;4) not going beyond the scope of this unique project specific to the area. MOTION BY MCGUIRE, SECOND BY MORTON TO APPOINT MAYOR HEDBERG AND COUNCILOR KEENEY AS THE CITY'S NEGOTIATING TEAM AND TO REPORT BACK TO THE COUNCIL AS A WHOLE ON A REGULAR BASIS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: 51L. Consider Approval of a Letter to the Minnesota Department of Transportation in Support of Intercity Rail Boyles: Reviewed the staff report dated January 26, 2015 in connection with the agenda item. Staff recommended the Council approve the letter in its proposed format for submission to Commissioner Zelle. 0126 15 City Council Meeting Minutes 10 Morton: Inquired why the City of Prior Lake would get involved in intercity rail recommendation as she was uncomfortable signing the proposed letter. Boyles: Explained background of the Intercity rail project proposed as the Dan Patch line first discussed in the late 1990's, the proposed communities involved, resident concerns, legislature contact, and court process to issue a gag order so the topic could no longer be discussed. Advised that the letter of support did not support intercity rail but the topic should at least be open for discussion. Morton: Commented that this letter of support may be more appropriate for the Hwy 169 Corridor Coalition and that she would object to signing the letter. Hedberg: Stated intercity rail was not necessarily light rail and that there was interest in a line running between Savage and Minneapolis/St. Paul and at least a dozen entities have signed a similar letter to date. Keeney: Commented he was not a huge fan of passenger rail but if the state was going to spend the money, he'd like Prior Lake to have the benefit but that he was indifferent regarding the letter of support. MOTION BY MCGUIRE, SECOND BY HEDBERG TO APPROVE THE LETTER IN ITS PROPOSED FORMAT FOR SUBMISSION TO COMMISSIONER ZELLE. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ❑ ® ❑ ❑ Nay ❑ ® ❑ ® ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion failed. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by KEENEY, seconded by MORTON. The motion carried and the meeting adjourned at 10:42 p.m. VA LI Frank B&o4 dity Manager 0126 15 City Council Meeting Minutes 11