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HomeMy WebLinkAboutAgenda & Minutes /J2 ,. . REGULAR COUNCIL MEETING AGENDA June 5, 1995 1. CALL TO ORDER............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A. CONSIDER APPROVAL OF THE MAY 22, 1995 MEETING MINUTES. 4. CONSENT AGENDA: a) Consider Approval of Invoices to be Paid. b) Consider Approval of Development Agreement with Ed Malone d/b/a E.M. Products. 5. PRESENTATIONS: A. Dick Ellsworth of George M. Hanson Company will be presenting the 1994 Audit Report to Council. B. Minnesota Recreation and Park Foundation Donation and Memorial for Former Parks and Recreation Director Bill Mangan. 6. PUBLIC HEARINGS: A. Conduct Public Hearing To Consider Approval of Resolution 95-29 Vacating Part of Wilds Lane Within the Plat of The Wilds. B. Conduct Public Hearing to Consider Approval of Resolution 95-30 Vacating Utility and Drainage Easement in Outlot B, at the Wilds. 7. OLD BUSINESS: A. Consider Approval of Business Development Committee Objectives for 1995. 8. NEW BUSINESS: A. Consider Approval of Renewal of Liquor Licenses for 1995/1996 A60595I.DOC 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , B. Consider Approval of On Sale Liquor and Sunday Liquor License for the Wilds Management Corporation. C. Consider Establishment of Sanitary/Storm Sewer Interconnection and Muncipal/Private Connection Program D. Consider Adoption of Resolution 95-47 Approving the Preliminary Plat of Preserve at the Wilds. E. Consider Adoption of Resolution 95-48 Approving the Final Plan and Developer's Agreement for Preserve at the Wilds. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A60595I.DOC Minutes of the Prior Lake City Council- May 15,1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL Monday, May 15 , 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, May 15, 1995 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Scott, Greenfield and Schenck, City Manager Boyles, Assistant City Manager Carlson, Public Works Director Anderson, Planning Director Rye, Recreation Supervisor Woodson, City Attorney Kessel and Recording Secretary Birch. Councilmember Kedrowski was absent due to illness. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING - The following amendments were made to the minutes, Page 2 - First paragraph, beginning of fourth line: the word meeting should be changed to hearing. Page 5 - Last paragraph last line: "reviewed the contingencies as stated in the Resolution".... a period should be placed immediately after the word Resolution and remainder of line should be deleted. Page 6 - Second paragraph, third line of motion: Delete "that the city receive a certification from the County Recorder that the plat has been filed." and insert: "add a signature line for the Mayor and County Surveyor. " MOTION BY, SCHENCK, SECOND GREENFIELD, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck. The motion carried. 4. CONSENT AGENDA a) Consider Approval of Invoices To Be Paid. b) Consider Approval of Animal Warden Report. c) Consider Approval of Building Permit Report d) Consider Approval of Ordinance 95-09 With Request to Amend Private Street Standards (Project 95-05). e) Consider Approval of Treasurer's Report. M51595r 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ".._.....,-".__._."---_._-~--'--_._-_._._-"-,,._- Minutes of the Prior Lake City Council - May 15, 1995 f) Consider Approval of Resolution 95-35 Approving Plans and Specifications and Ordering Bids for Carriage Hills Parkway Phase 2 (Project 95-05) and Resolution 95-36 Authorizing Parking Restrictions. g) Consider Approvalof Fire and Rescue Reports for January thru April, 1995. h) Consider Approval of Resolution 95-33 Authorizing Premise Permits for Prior Lake Optimists Charitable Gambling. i) Consider Approval of Lake Advisory Committee Member. j) Consider Approval of Request to Approve a 90 Day Extension to File a Final Plat for Cardinal Ridge 3rd. Addition. k) Consider Approval of Additional Fees for Northwood Road Appraisals. 1) Consider Approval of Request to Consolidate Review of the Preliminary and Final Plat of the "Preserve at the Wilds" MOTION BY GREENFIELD, SECOND BY SCHENCK, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (I). Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck. The motion carried. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO ADJOURN THE MEETING TO CONDUCT AN ECONOMIC DEVELOPMENT AUTHORITY MEETING. Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck. The motion carried. 5. PRESENTATIONS: A. Consider Request from "Play'n In Prior Lake" for City Council Support for Outdoor Concert Series - City Manager Boyles discussed Bret Woodson's staff report and suggested that Council consider purchasing a 3 x 20 Banner with the wording of Play'n In Prior Lake along with the City Logo to hang from the clock tower as an advertisement for the concert series. The cost of the banner would be approximately $250. Mayor Andren suggested that the Committee be consulted first. Councilmembers suggested that it would be cost effective to leave the portable rest rooms at the concert location during the three months the concerts are being held, this would also allow other groups to use them instead of each organization paying for the installation and removal each time a function occurred in front of City Hall. Some of the functions mentioned were DARE Bikathon and Lakefront Days. M51595r 2 Minutes of the Prior Lake City Council - May 15, 1995 MOTION BY SCOTT, SECOND BY SCHENCK, TO APPROVE PAYMENT OF THE COSTS ASSOCIATED WITH ELECTRICITY AND PORTABLE REST ROOMS NOT TO EXCEED $1000 AS REQUESTED BY THE "PLA Y'N IN PRIOR LAKE" COMMITTEE. Upon a vote taken, Ayes by Andren, Greenfield, Scott and Schenck, the motion carried. 6. PUBLIC HEARINGS: 7:35 - 8:00 p.m. A. Conduct Public Hearing on Public Accesses - Mayor Andren called the public hearing to order. at 7:40 p.m. - City Manager Boyles briefly reviewed the purpose of the hearing and events which have occurred to date. Mayor Andren asked if anyone was interested in a particular access. There was one gentleman interested in the 8th Street access issue and several were present who were interested in the Terrace Circle access. The following accesses were scheduled for discussion: 7th Street North, Monroe Avenue and Kent Street, Lime Road South, 8th Street N orth. Water Resources Coordinator, Lani Leichty, presented details of the 8th Street North Access vacation, and discussed the Lake Advisory Committee's recommendation to vacate a strip on either side of the access leaving a middle strip for utility access. Brad Gulstad, 2865 Center Road, requested that Council consider retaining the property as a public park instead of vacating it for the purpose of adding it to the public park square directly across the road from the site. Mr. Gulstad stated that he and the other neighbors have maintained and mowed the property for the last several years and that he has obtained approximately 30 signatures from neighborhood residents who are in favor of making it parkland instead of vacating, Council discussion occurred on whether the property should or should not be vacated. Council concurred that the area does serve a public purpose and should not be vacated. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO RETAIN THE 8TH STREET ACCESS AS A DEDICATED ROADWAY. Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck the motion carried. The next access under discussion was Terrace Circle North. Mr. Leichty presented a video of the access under consideration for vacation and the LAC's recommendation to create a scenic overlook at the site. Rick Berko - 2953 terrace Circle - opposed the creation of a public park overlook next to his house and presented several arguments against the concept. Mr. Berko stated that he had a petition from 56 of the neighborhood residents who are against using the area as M51595r 3 Minutes of the Prior Lake City Council- May 15, 1995 an overlook. Mayor Andren recommended that the Council refer this issue back to the LAC for further research and review. After further discussion, Attorney Kessel stated that typically when property is dedicated ,the manner in which the city accepted and used the property should be reviewed. If the plat was dedicated as a public right of way then there is a question as to whether the city has the right to change the designated use of the property. Council recommended that the City Attorney and staff review the plat of all accesses under consideration to determine whether the designation for their use can or cannot be changed. Council then concurred on tabling the issue until the June 19 Council meeting to give staff and the attorney time to compile the information. Parks and Engineering are to look into the past history of maintenance and use at the Terrace Circle access. MOTION BY GREENFIELD, SECOND BY SCOTT, TO CONTINUE THE HEARING ON THE PUBLIC ACCESSES UNTIL JUNE 19, 1995. Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck. The motion carried. B. Conduct Public Hearing to Consider Approval of Resolution 95-29 Vacating Part of Wilds Lane Within the Plat of The Wilds. Mayor Andren called the public hearing to order at 8:50 - City Manager Boyles stated that staff has requested that the public hearing be continued to June 5, 1995 in order to obtain additional information. MOTION BY ANDREN, SECOND BY GREENFIELD, TO CONTINUE THE PUBLIC HEARING UNTIL JUNE 5, 1995. Upon a vote taken, ayes by Andren, Greenfield, Scott and Schenck, the motion carried. C. Conduct Public Hearing to Consider Approval of Resolution 95-30 Vacating Utility and Drainage Easement in Outlot B, at the Wilds - Mayor Andren called the public hearing to order. Mayor Andren stated that staff has requested that the public hearing be continued until June 5, 1995 in order to obtain additional information. MOTION BY ANDREN, SECOND BY SCOTT, TO CONTINUE THE PUBLIC HEARING UNTIL JUNE 5, 1995 Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. M51595r 4 Minutes of the Prior Lake City Council- May 15, 1995 D. Continuation of Board of Review Public Hearing - Mayor Andren called the Board of Review Meeting to order. County Assessor Leroy Arnoldi presented a report revising certain valuations for property owners who appealed at the May 1, Board of Review hearing. MOTION BY SCOTT, SECOND BY GREENFIELD, TO ACCEPT THE COUNTY ASSESSOR'S REPORT AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. MOTION BY GREENFIELD, SECOND BY SCOTT, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. 7. OLD BUSINESS: D. Consider Approval of Resolution 95-32 Authorizing Amendment to The Wilds Planned Unit Development - Planning Director Rye presented a map of the area and discussed the requested amendments which included: The erection of a six foot fence around the maintenance facility; revision of the street and lot configurations in a variety of areas; change a 11 acre hotel site, one acre restaurant and one acre convenience store to approximately 12 acres of rental cabins and two acres of restaurant; change a 17 acre hotel/clubhouse site to a 11 acre clubhouse site and 6 acre condominium site; and change a 4 acre village shopping center and six acre nursery to 2 acres of open space and 8.3 acres of hotel. Don Rye stated that the Planning Commission had not been in favor of approving the amendments until they were presented with a verbal report regarding the changes and upon hearing the report recommended approval. A short discussion occurred. Councilmember Greenfield stated that he would like to have the information which had been presented verbally to the Planning Commission in written form before making a decision. MOTION BY GREENFIELD TO TABLE THE ITEM UNTIL THE DEVELOPER PROVIDES A WRITTEN FORMAT OF THE VERBAL TESTIMONY GIVEN TO THE PLANNING COMMISSION. THERE WAS NO SECOND. Motion died for lack ofa second. M51595r 5 Minutes of the Prior Lake City Council - May 15, 1995 MOTION BY SCOTT, SECOND BY ANDREN, TO APPROVE RESOLUTION 95-32 AUTHORIZING AMENDMENTS TO THE WILDS P.U.D. Upon a vote taken, ayes by Andren, Scott and Schenck. Nay by Greenfield, the motion. The motion failed because it requires a 4/5 vote of the council. A short recess was called. The meeting reconvened at 9:05 p.m. E. Consider Approval of Resolution 95-37 Approving Plans and Specifications and Authorizing Advertisement for Bids; Resolution 95-38 Declaring Assessment Costs for Ridgemont Avenue; Resolution 95-39 Approving Assessment Costs for Creekside Circle; Resolution 95-40 Setting Public Hearing Date for Ridgemont Avenue Assessments and Resolution 95-41 Setting Public Hearing Date for Creekside Circle Assessments. MOTION BY ANDREN, SECOND BY SCOTT TO ADOPT RESOLUTIONS 95-37, 95-38, 95-39, 95-40 AND 95-41 AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 95-34 Accepting Conveyance of Waterfront Passage Business Park Property From the EDA to the City of Prior Lake - City Manager Boyles reiterated that this is a companion action to formalize the action taken by the Economic Development Authority during its meeting tonight. MOTION BY SCHENCK, SECOND BY SCOTT, TO APPROVE RESOLUTION 95-34 ACCEPTING CONVEYANCE OF WATERFRONT PASSAGE BUSINESS PARK PROPERTY FROM THE ECONOMIC DEVELOPMENT AUTHORITY TO THE CITY OF PRIOR LAKE. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. M51595r 6 Minutes of the Prior Lake City Council- May 15, 1995 B. Consider Approval of Resolution 95-42 Approving MnDOT Cooperative Construction Agreement for TH 13/Mitchell Pond Storm Sewer - Public Works Director Anderson discussed the agreement and recommended approval. MOTION BY SCHENCK, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 95-42 APPROVING THE MNDOT COOPERATIVE CONSTRUCTION AGREEMENT FOR TH 13/MITCHELL POND STORM SEWER. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. 9. OTHER BUSINESS: . Councilmember Greenfield inquired as to the status of the County Road 21 Speed limit issue. Public Works Director Anderson stated that the County has indicated that they will be reviewing the site distance and will be addressing the crosswalks, however, in their letter they did not indicate that they would be lowering the speed limits, but they will be meeting with the City staff to discuss the issues. . A five minute recess was called. . The meeting reconvened at 9:20 p.m. . Mayor Andren offered a few brief comments regarding the Hunt property located adjacent to the former Lords Island access and requested that staff affirm that the former access is not publicized for sale as a buildable lot. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT - There being no further business, the meeting adjourned at 9:30 The next regularly scheduled Council meeting will be held on June 5, 1995 at 7:30 p.m. A special meeting will be held on May 22 at 5:30 P.M. to discurs Tax Increment Financing for E.M. Products located in the Waterfront rassage Business Office Park. '1.. . \ l- / L~J /11~ W~~ , Recording Secretary M51595r 7 Minutes of the Prior Lake City Council Special Meeting - May 22, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL SPECIAL MEETING Monday, May 22 , 1995 1. CALL TO ORDER - Mayor Andren called the special meeting of the Common Council to order on Monday, May 22, 1995 at 5:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers Scott, Greenfield, City Manager Boyles, and Assistant City Manager Carlson. Councilmember Schenck was absent. Councilmember Kedrowski arrived at 5:45 p.m. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONDUCT PUBLIC HEARING ON TAX INCREMENT DISTRICT NO. 2- 5 - Mayor Andren called the public hearing to order. Assistant City Manager Carlson reviewed details of the proposal by E.M. Products to build a 28,800 sq. ft. building on 3.6 acres. The purchase of this parcel enable them to build up to an additional 20,000 sq. ft. in the future. Ms. Carlson discussed estimated acquisition and development cost. Roger Guenette discussed the costs. Ms. Carlson stated that the net tax increment funds will be administered on a pay as you go basis. The total increment is expected to be at least $277,645.00 which will be applied against the property acquisition and administrative costs, less the developer payments up front for soil corrections and other development related costs. Ed Malone, President of E.M. Products gave a brief history of his company, its present situation and future plans for the next several years. Dennis Zylla, Northco Company representative, discussed the proposed construction project and presented an overhead of the floor plan. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 95-44 APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-5 AND THE USE OF TAX INCREMENT FINANCING. Upon a vote taken, ayes by Andren, Kedrowski, Greenfield and Scott. The motion carried. MOTION BY SCOTT, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, Greenfield and Scott. The motion carried. M522TIFr 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORruNITY EMPLOYER Minutes of the Prior Lake City Council Special Meeting - May 22, 1995 4. APPROVE DEVELOPMENT AGREEMENT WITH ED MALONE - Staff has requested this item be acted upon as part of the June 5 Consent Agenda due to the fact that there are some minor technical changes. Council requested that the changes be highlighted so they will know what the changes were. 5. CONSIDER APPROVAL OF THE COMMUNITY DEVELOPMENT FUNDING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND ASSOCIATED DOCUMENTS - Items A, B, C. & D. Assistant City Manager Carlson stated that this is the first time the city has applied for a Minnesota Department of Trade and Development Economic Funds. Roger Guenette briefly reviewed the Revolving Loan Fund and associated documents. MOTION BY, KEDROWSKI, SECOND SCOTT, TO APPROVE RESOLUTION 95-31, RESOLUTION 95-43, THE COMMUNITY DEVELOPMENT HOUSING NEEDS CERTIFICATION AND THE REVOLVING LOAN FUND PLAN. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and Scott The motion carried. 6. GENERAL DISCUSSION OF IMPACT OF PENDING TAX INCREMENT FINANCING LEGISLATION- Roger Guenette reviewed the possibility of changes in the tax increment financing laws by the State legislature. Mr. Guenette stated that in the event of TIF law changes that the Council should consider prompt action to establish the rest of Waterfront Passage Business Office Park as a tax increment district and possibly several other sites in the city where tax increment financing might be essential to promote significant development. The County has been apprised of this action and appears to have no objection. The down side of this action is that it starts the clock and there will be a limited number of years to generate increment, which does impact the City's ability to write down costs to promote development. There being no further business, the meeting adjourned by gene/al consent at 6:30 p.m. f),I "o11L"C ~ M522TIFr 2