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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA June 20, 2005 7:00 pm Fire Station No.1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 P.M. 2. 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF JUNE 6, 2005, MEETING MINUTES: 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report C. Consider Approval of Building Permit Report D. Consider Approval of Animal Warden Monthly Report E. Consider Approval of Monthly Fire Call. F. Consider Approval of Refuse Hauler Permit Renewals for 2005-2006. G. Consider Approval of a Resolution Approving 2005-2006 Liquor License Renewals. H. Consider Approval of a Resolution Approving an Interest Community Number 1151 (Tower Place Condominiums) C.I.C. Plat I. Consider approval of a Resolution Approving a Wetland Mitigation Plan for Maple Glen 2nd Addition. J. Consider Approval of a Resolution Approving the Assignment of Development Contract for the Plat Known as Wilds North 4th. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 K. Consider Approval of a Resolution Approving: 1) Scott County Plans to Improve CR 12 Realignment Section SAP 70-612-09 2) Restricting Parking on CR12 Realignment Section SAP 70-612-09. L. Consider Approval of a Resolution Approving an Encroachment Agreement for the Installation of a Fence in a Sanitary Sewer, Water and Storm Drain Easement. M. Consider Approval of a Resolution Authorizing Full and Final Payment to Michel's Corporation for the 2004 Sanitary Sewer City Project #04-06. N. Consider Approval of Massage Therapy License for Nougnut Nongnoi. O. Consider Approval Of A Resolution Approving The Payment To McCarthy Well Company For Labor And Materials For The Repair Of Well No.3. P. Consider Approval of a Resolution Authorizing Additional Expenses for the Installation of Floating boat Slips for Watzl's Beach. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: A. Consider Approval of a Resolution Vacating Drainage and Utility Easements Located on Outlot B Deerfield Industrial Park. 8. PRESENTATIONS: A. Pat Ciliberto, Scott County Attorney, methamphetamine in Scott County. B. Presentation to Bud Osmundson. C. Presentation of an Automatic External Defibrillator (AED) from St. Francis Foundation. D. Update on Police Station / City Hall Project. 9. OLD BUSINESS: A. Consider Approval of a Resolution Approving a Revised Standard Development Contract. B. Consider Approval of a Plan for the Two-Story Building Located at 16000 Main Avenue. 10. NEW BUSINESS: A. Consider Approval of a Resolution to Approve Plans and Specifications and authorize Staff to Advertise for Bids for Street Overlays as Identified in the 2005-2009 CIP. B. Consider Approval of an Ordinance Amending the Zoning Map for Property Located at 4600 - 4626 Dakota Street from Low to Medium Density Residential (R-2) to Specialty Business (C-3). C. Consider Approval of an Ordinance Allowing the Use of Public Sidewalks for Sidewalk Sales. D. Consider Approval of a Resolution Accepting the Unified Transit Management Plan. E. Consider Approval of an Ordinance Amending Section 105.300 of the Prior Lake City Code Relating to Salaries of the Mayor and City Council. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 DRAFT REGULAR COUNCIL MEETING MINUTES June 6, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, Petersen, and Zieska, City Manager Boyles, City Attomey Pace, Planning Director Kansier, Planning Coordinator Moore, Finance Director Teschner, City Engineer Albrecht, Community Development Director Sullivan, Building Official Hutchins, Public Works Director Osmundson, Parks Supervisor Friedges, Communications Coordinator Oster, Assistant to the City Manager Meyer, and Administrative Assistant Green. Councilmember LeMair was absent. 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Boyles: Reviewed the concept of the Public Forum. APPROVAL OF AGENDA: City Manager Boyles added Consent Agenda item 5E a revised resolution for the regarding removal, repair or razing of building on 14730 Carriage Lane; and Old Business item 9F regarding the purchase of property located at 4616-4620 Dakota Street SE in connection with the police station I city hall construction project. Mayor Haugen added Other Business item 11A regarding events in the City, as well as an Executive Session to discuss pending litigation. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE THE MAY 16, 2005, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Fleming, Petersen, and Zieska. Haugen abstained due to his absence at the May 16 meeting. The motion carried. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 05-93 Approving a Final Plat and Authorizing Execution of the City's Standardized Development Agreement for Stemmer Ridge. C. Consider Approval Resolutions 05-94 and 05-95 Approving Prior Lake Optimist Premise Permits for Lawful Gambling. (Hollywood Bar and Grill) (Extra Innings Saloon) D. Consider Approval of Resolution 05-96 Approving Prior Lake VFW Post 6208 Premise Permit for Lawful Gambling. E. Consider Approval Of Resolution 05-97 Amending Resolution 05-73 Adopted April 18, 2005, Declaring A Hazardous Building Pursuant To Minnesota Statutes, 2000 International Residential Code And City Code for a Property Owned by Elbert And Jessica Greene, Sr. at 14730 Carriage Lane and Ordering the Building to be www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes June 6, 2005 Draft Repaired, Razed or Removed. Bovles: Reviewed the Consent Agenda items proposed with the added Item 5E. MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. PUBLIC HEARINGS: No public hearings were held. PRESENTATIONS: Angela (Angie) Barstad, Recreation Coordinator Kelly Meyer introduced Angela Barstad, recreation coordinator. Angie stated she is looking forward to this employment opportunity and being involved in the community. OLD BUSINESS: Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with Scott County for the Operation of the Local Laker Link Summer Circulation Service. Meyer presented the proposed resolution and described the summer circulator service, which increased over last year with the addition of a second circulator bus, dividing the route and having 26 different pick-up locations. The circulator service primarily serves youth going to summer school and working at Valley Fair. Comments: Petersen: Asked how often the bus leaves Lakefront Park Meyer: Displayed the schedule and stated that it had been printed in the Prior Lake American. Fleming: Stated the service makes sense and that it is good for youngsters to ride less than hour. Zieska: Stated he is excited with the way the service has grown. Money for it comes out of transit funds. Haugen: Asked what the projected revenue is. Meyer: Stated that last year there were 1400 riders at $1 per ride and anticipated that ridership will increase this year with the second bus and the option to avoid parking at Valley Fair. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-98 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCOTT COUNTY FOR THE OPERATION OF THE LOCAL LAKER LINK SUMMER CIRCULATION SERVICE. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of a Resolution to Award the Purchase and Authorizing the City Attorney to Negotiate a Development Agreement for the Sale and Development of City-Owned Property at Franklin Trail and Park Nicollet Avenue; and Main Avenue and Hastings. City Manager Boyles described the properties and advised that Vision elements talk about downtown redevelopment. The two parcels are excess to City needs and the Council previously approved sale of them for further development. Three bids were received and a $15,000 security deposit was received for each of them. The highest responsible bid is the primary criteria. High bidder is Dan O'Keefe for the Park Nicollet parcel and Rock Creek Design and Builders for the Hastings property . Comments: Zieska: Stated that discussion on the two properties should be handled separately. Only one proposal was received on the Park Nicollet property; a reputable bid and the contingencies put forth by the bidder are reasonable. Stated he believes the 2 City Council Meeting Minutes June 6, 2005 Draft parcel is clean and is happy to be selling the property. The City bought the properties for the purpose of redevelopment and this will put them back on tax rolls. Supports the proposal submitted by Dan O'Keefe. Petersen: Agreed with Zieska statements and will support the proposal. Fleming: Asked when the LLC would be formed. Boyles: Stated there is a 50-day period provided to remove the contingencies, which is the responsibility of O'Keefe. Fleming: Asked who the brokered commitments are with. Boyles: Unknown. Haugen: Asked if the documents that O'Keefe did not provide (consummated leases, financial packages, etc.) were material. Pace: Replied that the Council determines whether something is material or not. Cost should be the determining factor. Zieska made good points in the bidder's ability to meet the requirements such as leases, financial commitment on an idea. Haugen: The fact that several things were not included, does not preclude the bids from being acceptable. Pace: Reiterated that it is the Council's determination of what material is. The bidder did not have time to design a building to show anyone to see if space is suitable. Haugen: Stated there is no reason to decline the bid. Zieska: There are safeguards built in; there is a buyer that wants to develop it, and whether the proposed development is leased before the bidder purchases, is immaterial. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.99 TO AWARD THE PURCHASE AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A DEVELOPMENT AGREEMENT FOR THE SALE AND DEVELOPMENT OF CITY-OWNED PROPERTY AT FRANKLIN TRAIL AND PARK NICOLLET AVENUE. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Mayor Haugen invited comments about the parcel located at Main and Hastings. Comments: Fleming: Asked if the Council was able to grant the right of first refusal on adjacent property. Pace: Replied that the Planning Committee would have to determine first that it would not be needed for a public purpose and it would have to be competitively bid. Haugen: Explained that adjacent property is currently used as parking and IVEX expressed interest in having the right of first refusal to purchase the property if it became for sale. Fleming: Stated two other conditions existed on the IVEX bid for which he did not want the City to incur the cost. Petersen: Will support the bid without a tie-in for the first right of refusal on adjacent property. Zieska: Clarified there are two different bidders, Rock Creek and IV EX, both of whom are reputable entities and a solid proposal was received from both with the biggest difference being the purchase price. Given fiduciary responsibility to accept highest bid, supports proposal from Rock Creek to purchase the parcel for $200,000. Haugen: Agreed with Zieska - it comes down to dollars and cents and there is a $72,000 difference. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.100 TO AWARD THE PURCHASE AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A DEVELOPMENT AGREEMENT FOR THE SALE AND DEVELOPMENT OF CITY-OWNED PROPERTY AT MAIN AVENUE AND HASTINGS. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Haugen: Commented that the City has worked hard on Downtown Redevelopment in the last three years. Having Rock Creek purchase this property is another step in our revitalization of Downtown, and the purchase of the property by Franklin Trail is a step in the development of our commercial community. One of the priorities for Downtown is parking and the need to move aggressively to create Downtown parking. He suggested that the City accelerate a Downtown parking program and create some options the Council can evaluate as soon as possible on the south side of County Road 21. 3 City Council Meeting Minutes June 6, 2005 Draft Zieska: Commented that the parcel directly north of the parcel under consideration tonight is owned by LBJ Grain. Requested that if Rock Creek cannot successfully negotiate a purchase for the property, to let the City Manager know before building designs are submitted so the Council can consider other alternatives to a 1 O-foot wide open space between the buildings in Downtown. Consider Approval of a Resolution Authorizing the Execution of a Cooperative Agreement with Scott County for the Realignment of County Road 12, SAP 70-612-09. City Engineer Albrecht outlined the reconstruction of County Road 12 in cooperation with Scott County and indicated the cooperative agreement should save approximately $900,000 in roadway costs. Comments: Fleming: This is a culmination of the work that was begun in August. Anytime the City can save money (this is approximately the same amount that will be lost from State funding) will support it. Petersen: Commented that Arcon Development was responsible for doing a big part of the project and supported it. Zieska: Supports it. Albrecht: Spoke about CIP history and the development of the area with the County. The study identified alignment and funding. Anticipated funding was lost so the project was broken into three segments, which allows partnering with developers and taking advantage of funding that is available. Haugen: By taking advantage of this four-year process we save taxpayers money - the project would potentially cost $1.65 million otherwise. This project is consistent with how the City established priorities for County Road 12. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-101 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE REALIGNMENT OF COUNTY ROAD 12, SAP 70-612-09. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Albrecht: This process also builds a key north-south connector which will allow different traffic flow and take it off County Road 12 to some extent. Roadway will be in place before development in annexation area. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract to Install Playground Equipment at Two City Parks. (Sandpoint and Wilds North) Parks Supervisor Friedges presented a display of playground equipment proposed for two City parks. Two bids were received with the low bid from St. Croix Recreation for $92,724. Additional expenditure of $18,500 will be incurred by City Staff for concrete curbing and fibre for a total of $115,000. ADA handicapped accessibility requirements will be met and exceeded. Comments: Fleming: Asked how long structures are expected to last. Friedges: 99-100 years on poles, 20 years on plastics, 1 - 2 years on moving parts. The main structure is basically under a life-time warranty. Petersen: Clarified when water was accessible for the toys and that attendants would be on staff for it. Zieska: Supports it. Haugen: Agreed. Friedges: Commented that Wilds North would have a rock climbing apparatus. MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-102 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT TO INSTALL PLAYGROUND EQUIPMENT AT TWO CITY PARKS. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. 4 City Council Meeting Minutes June 6, 2005 Draft Consider Approval of a Resolution Adopting the 2030 Vision and Strategic Plan. Boyles presented the proposed resolution, spoke about the process used by the Long-Range Planning committee and advised of the major changes of the new document: it is based on a residential survey and incorporates the survey results, changed to 2030 vision to correspond with comprehensive plan, goals were given five-year timelines, and tactical action plans were replaced with two-year performance objectives. Comments: Zieska: Thanked the residents, business owners, and interested people who participated. This plan is the guide of where the City should be in 20 years. There is the potential for a rough budget year in 2006, but this provides guiding principals to work with. Petersen: This provides the Council with a track to run on rather than reacting to events as they happen. Fleming: Supported the plan and stated he wants the community to understand that the Council has taken an intentional approach to the future. Haugen: Stated that Prior Lake is on the leading edge of strategic planning for cities and has been asked to share the results and value of strategic planning. Invited viewers to go to the City website to read the plan; who put it together, why strategic planning should be conducted, the elements, and long and short-term objectives the plan contains. Petersen: Commented that the US Post Office determined that Prior Lake would get one of two post offices built in the nation that year based on the 2020 Vision the City adopted. MOTION BY ZIESKA; SECONDED BY FLEMING TO APPROVE RESOLUTION 05.103 ADOPTING THE 2030 VISION AND STRATEGIC PLAN. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Haugen: Encouraged viewers to watch the interview between Boyles and Consultant Neu shown on PL TV-15. Consider approval of a resolution authorizing the Mayor and City Manager to enter into the City's standardized purchase agreement for the property located at 4616.4620 Dakota Street SE in connection with the police station I city hall construction project. Assistant to the City Manager Meyer presented the proposed resolution and stated that it is the third of three properties purchased to provide space for the new police station I city hall. Purchase price is $375,000 and funding is from the building fund. Comments: Zieska: Stated this allows the City to move forward with project plans and noted that the existing City Hall will be vacated in 60 days or so. Haugen: The timeline for demolition, the process and time involved along with a plan for preserving historical elements of the building will be brought to the next Council meeting. Petersen: Stated this is third of three properties needed. Fleming: No comment. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.104 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE CITY'S STANDARDIZED PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 4616-4620 DAKOTA STREET SE IN CONNECTION WITH THE POLICE STATION I CITY HALL CONSTRUCTION PROJECT. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. RECESS Mayor Haugen called a recess at 8:27 p.m. 5 City Council Meeting Minutes June 6, 2005 Draft RECONVENE Mayor Haugen reconvened the meeting at 8:32 p.m. NEW BUSINESS: Consider Approval of a Resolution Authorizing a Fund Transfer to the Building Fund. Finance Director Teschner presented the proposed resolution and stated the City has retained $531,922 in excess of expenditures last year. This transfer would leave a balance in the general fund in excess of $3.8 million, which is a 40% reserve. Comments: Fleming: No comment. Petersen: Will approve. Zieska: Asked if the excess was general tax dollars or another source. Teschner: Revenue came from licenses, permits and fees, and is difficult to anticipate, but the City plans revenues conservatively and this year will generate less. Zieska: Stated it shows fiduciary responsibility to estimate revenue conservatively and excess can be invested. Teschner: Added that the excess revenue was also from contracts with wireless companies on water towers, building permit fees last year, etc. Haugen: Reiterated that this still preserves a fund balance that auditors recommend. MOTION BY FLEMING, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05.105 A FUND TRANSFER TO THE BUILDING FUND. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of a Zoning Ordinance Amendment to Section 1109.400 Amending Language Relating to City Council Action on an Appeal from Planning Commission Action. Planning Director Kansier presented the proposed ordinance and stated that it is a housekeeping item that clarifies potential action the City Council can take in the event of an appeal. Comments: Fleming: Concurred that this seems like appropriate housekeeping item. Petersen: Agreed the appeal system will work better. Zieska: Asked if the proposed ordinance could be changed to allow five business days rather than five calendar days to place an appeal to allow appropriate time. Kansier: Replied that Zieska's proposed change should go through public hearing. Pace: Based on what is being considered, Counsel would be comfortable with the change without a public hearing. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE ZONING ORDINANCE 105.12 AMENDING LANGUAGE TO SECTION 1109.400 RELATING TO CITY COUNCIL ACTION ON AN APPEAL FROM PLANNING COMMISSION ACTION AMENDED TO CHANGE "CALENDAR" TO "BUSINESS" FOR THE FIVE-DAY APPEAL. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Pace: Suggested all ordinances should be reviewed for similar revision. Consider Approval of a Resolution Amending the 2020 Comprehensive Plan Land Use Map to Add 18.25 Acres and Designating it R.UMD (Lindstrom Property). Planning Coordinator Moore presented the proposed resolution and stated it has already gone through public hearing and Planning Commission approval. 6 _" ~...._.__~~"_.~,_,....",.,.~,_,."..~,,~..-=,",,',,~,,"_ _,~_~"",__,_.""""'_-,""~_"'~M__'.'",,,"__"'~""lf'~_"".__ .c..___...,'.......~"'~"_.""._'A>_ ~..___,.h_.,__ ".,.'"_.~."_,+"., .,- ,-~..~,;'"._-.~_"".~".,~_'"'.__.._._~ _.~w._._ City Council Meeting Minutes June 6,2005 Draft Comments: Zieska: Stated this is consistent with action by the Council in the past. Petersen: Supports it. Fleming: Supports it. Haugen: Supports it. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-106 AMENDING THE 2020 COMPREHENSIVE PLAN LAND USE MAP TO ADD 18.25 ACRES AND DESIGNATING IT R-UMD (LINDSTROM PROPERTY). VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of an Ordinance Amending the City of Prior Lake Zoning Map at 4151 Willowwood Street from R- 1 to C-1 District for the Fairview Clinic Property. Planning Coordinator Moore explained the ordinance needs to be changed to provide for modified signage for the Fairview Clinic. Comments: Fleming: Want the clinic to be conforming and will support it. Petersen: The area should be zoned C-1 and have signage out so will support it. Zieska: Commented that other C-1 zones seem to co-exist with residential zones and will support it. Haugen: Supports it. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE ORDINANCE 105-13 AMENDING THE CITY OF PRIOR LAKE ZONING MAP AT 4151 WILLOWWOOD STREET FROM R-1 TO C-1 DISTRICT FOR THE FAIRVIEW CLINIC PROPERTY. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of a Resolution Approving the Final PUD Plan and the Final Plat and Standardized Development Contract for Jeffers Pond. Planning Director Kansier pointed out the proposed school site and the approximate 170 acres of park land. She commented that this project is the culmination of many years of cooperation between staff, developer, estate, school district, watershed, DNR, County, and the Metropolitan Council. The development will be an asset and a jewel to the City. Comments: Zieska: Thanked staff, developer, and a multitude of agencies for efforts. The trees and other assets on the site are staying intact. It contains a nice residential area, nice commercial area, and much acreage will be retained in its natural state. Would like to see the area developed as soon as possible. Petersen: Looking forward to the development and to walk the trails around the lake. Fleming: Asked if the fire station will go in the PUD. Kansier: Progress on commercial development is anticipated in 2006 or 2007. Boyles: Anticipated that final plans for the commercial development show the fire station by 2006. Fleming: Stated that a potential tax levy for a fire station should have a more solid footing in alignment with what is being approved at this meeting. Haugen: Invited Wensmann to the podium to address the question. Wensmann: Stated they plan to do commercial development in phases, but when the City is ready to start construction of fire station, they can give the City the lot and construction on the fire station can begin prior to Wensmann construction of commercial property. Haugen: Commented that the project is a great example of partnerships between lots of entities. 7 City Council Meeting Minutes June 6, 2005 Draft MOTION BY PETERSEN, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05-107 APPROVING A PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS JEFFERS POND. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-108 APPROVING THE FINAL PLAT OF "JEFFERS POND" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of a Report from the Building Official with Respect to City-owned Residential Structures at 16000 Main Avenue. Building Official Hutchins reported on the condition of buildings on the property and displayed photos of areas of concern. The Quonset hut is in good shape and meets City code and is currently being used for equipment storage by the hockey association. Outbuildings are in disrepair. Dangerous sites include a wooden septic system of an unknown location and an earthen room for cold storage. Comments: Fleming: Commented that it does not make good fiscal sense to solicit another opinion; and asked what is involved in removing buildings and if the Fire Department could use the buildings for training experience. Zieska: Replied that the Fire Department likely would not want to use the house because not structurally sound and the outbuildings are too small. Petersen: Liked the third option to remove two-story and five outbuildings and clean up the area. Don't know how many trees we want to save until the definite purpose of the site has been determined. The City has taken care of its obligation for a lifetime estate and now it should not spend any more money trying to retain it. The house cannot be used as a museum because of the condition of its structure - people could not go through it and look at anything. It does not serve a purpose. Removing it is best. Zieska: Agreed with Petersen. Would make more sense to rip it down and rebuild it than to fix it. The outbuildings should be taken down. If the City has no use for the pole barn, it should be taken down. The Quonset hut meets code and has a use. The site should be cleaned up and used as a park area as it is part of Lakefront Park. In favor of removing everything but the Quonset hut. Haugen: Stated the building was built over 100 years ago and perhaps is the oldest building in the community. Need to preserve the memory of it - the 2030 Vision talks about small town values and historical perspective - need to remain sensitive to that tie to the past. Agreed with the state of the building and its structural deficiencies. Supports removing outbuildings. Some elements of the public are tied emotionally to the house's historical perspective and wants to allow them time to come up with a creative idea of what to do with it. A museum is not huge priority. Would remove five outbuildings and move more slowly on the house and let the public have input. Don't want to take the house down too soon. Fleming: Affirmed he supports process and public input, but does not want to wait 90 days since it is a hazard. We are not responsible stewards in preserving that. Haugen: Wants some period of time; it doesn't need to be 90 days. Fleming: Wants to mitigate safety concerns. Zieska: Concurred safety is his concern and with the building unoccupied, it is a target for vandals and it will continue to deteriorate. Proposed immediate removal of outbuildings and direction to staff to bring a plan for the removal of the house to a Council meeting. If someone wants to come forward with some use other than removal, let them come forward before the meeting. Petersen: Recommends getting the outbuildings out as soon as possible to avoid vandalism and kids running through it. Hutchins: Affirmed there are already people who are trespassing even though there are gates and signs. Zieska: Start a clean-up of the site and removal of outbuildings and non-significant trees. 8 ......".........._........_-,.._.......I~~--..' ..,..,..-,..,...-.-,----.-....~"----........--... City Council Meeting Minutes June 6, 2005 Draft Fleming: Asked if the City needs to consider our exposure of foreseeable risk and whether or not we are extending the foreseeable risk by 30 - 45 days. Pace: Replied that the person to determine the safety is the building official and in his opinion the house is a hazard. The Council has to address the issue. The buildings are on park property so there are some protections but those are mitigated because the City is not using it for park purposes right now. Zieska: Stated that given the City Attorney comments, and that city has owned property for eight years, the time frame for the public to step forward with ideas for use of the property should be shortened. Pace: Asked the Council what they would do if people were interested in using the property -lease, or allow renovation for a private purpose, etc. Many issues are raised by letting the public come forward with proposals on what to do with the site. If a public process is wanted, it should be conducted. but at the end of the process there will still be unsafe buildings and the question of whether or not the City wants to spend money to make the building safe will still exist. Fleming: Stated it is less than genuine to impose a 15-30 day deadline. If conducting a public process for input, it should be 60 days. Cannot afford to sustain the risk and recommended removing the house and outbuildings. Zieska: Reiterated it is a City-owned park and building; and if anything is to be done with it, it will take City money, which is not a good fiduciary investment. All we are doing is delaying the inevitable - house has to come down and the Kop children should have time to remove all personal effects. MOTION BY ZIESKA, SECONDED BY PETERSEN TO, AS SOON AS POSSIBLE, REMOVE ALL OUTBUILDINGS EXCEPT FOR THE QUONSET HUT AND COME BACK TO THE COUNCIL IN TWO WEEKS WITH A TIMELlNE FOR REMOVAL OF THE TWO-STORY HOUSE AND DISPOSITION OF THE POLE BARN. Fleming: Stated that the Council is assuming that clean-up of the property will happen concurrent to the process. Haugen: Stated he would dissent although he understands there is no financial obligation, but would like more time. Petersen: Stated he feels the same way. Zieska: The building would not be taken down in 15 days, the staff will present a plan and if someone has some material facts to bring to the Council meeting, they can contact any Councilor staff member. We could change our direction. Zieska rescinded the above motion. MOTION MADE BY ZIESKA, SECONDED BY FLEMING TO RETAIN THE QUONSET HUT. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. MOTION MADE BY ZIESKA, SECONDED BY FLEMING TO DIRECT STAFF TO COME UP WITH A PLAN FOR THE DISPOSITION OR USE OF THE POLE BARN. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. MOTION BY ZIESKA, SECONDED BY FLEMING TO DIRECT STAFF TO REMOVE ALL OTHER STRUCTURES FROM THE PROPERTY OTHER THAN THE QUONSET HUT, THE POLE BARN AND THE TWO-STORY HOME AND CLEAN UP THE SITE. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. MOTION BY ZIESKA, SECONDED BY FLEMING TO DIRECT STAFF TO PREPARE A PLAN FOR REMOVAL OF THE HOUSE, AND BRING THE PLAN TO THE COUNCIL IN TWO WEEKS. VOTE: Ayes by Haugen, Fleming, Petersen, and Zieska. The motion carried. Consider Approval of Ordinance 105.14 Amending Prior Lake City Code Adding Section 310 Relating to Sidewalk Eating Areas. Boyles presented the proposed ordinance and stated it was in response to a request from a local business. 9 City Council Meeting Minutes June 6, 2005 Draft Comments: Fleming: Asked if the fee of $100 applied to any size establishment or number of tables. Boyles: Replied that the intent is to apply to any request. The approval process requires the request goes to several City departments for review and discussion. Petersen: Stated this fits in with the Downtown plan of having a place to meet and visit and eat. Will approve. Zieska: Supports it. Haugen: Commented that this ordinance focuses on eating areas and asked what City Code states about positioning merchandise for sale on a sidewalk outside a place of business. Boyles: Replied that there is an establishment that is doing that and will check on the Code. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE ORDINANCE 105-14 AMENDING THE PRIOR LAKE CITY CODE ADDING SECTION 310 RELATING TO SIDEWALK EATING AREAS. VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. Haugen: Stated that If City Code does not allow for displaying merchandise on public sidewalks, Council should evaluate it and consider a similar ordinance change to allow that. OTHER BUSINESS I COUNCIL MEMBER REPORTS Mayor Haugen announced the grand opening of Edelweiss Bakery and the Dry Cleaning Station, recognized and expressed appreciation for the VFW Memorial Day parade and program, announced that the Premiere Dance Academy held a recital with five performances at the high school, and the Prior Lake Garden Club planted flowers donated by Mark and Peggy Sailer. EXECUTIVE SESSION Mayor Haugen called an Executive Session to receive legal counsel regarding pending litigation involving Ryan Contracting beginning at 10:23 p.m. RECONVENE Mayor Haugen reconvened the meeting at 10:43 p.m. and indicated that during the Executive Session the Council discussed ongoing strategy concerning this litigation. ADJOURNMENT With no other comments from Council members, a motion to adjourn was made by Petersen and seconded by Fleming. With all in favor, the meeting adjourned at 10:44 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 10 _......._.....,.....-~--.........~,..-----,...'-~~.-..."~'--=._~~.....,.,..,....~~,...,_.""---_..~,~_.,..-~","._,,_...__..".~"_._.,,--~'.