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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA August 1, 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. - Joe Bendzick, Auto Repair and Retail in C5 District 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF JULY 18, 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 a Resolution Authorizing Safe & Sober communities Funding for the Period October 1, 2005, to September 30, 2006. C. Consider Approval of Monthly and Second Quarter Fire Call Report. D. Consider Approval of a Resolution Authorizing the Purchase of a 2005 Ford Crown Victoria Police Interceptor Squad Car Through the State Cooperative Purchasing Program. E. Consider Approval of a Resolution Approving the Assignment of the Development www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Contract for the Plat Known as Stemmer Ridge. F. Consider Approval of a Resolution Authorizing the Terms of Internal Loans in Connection with Tax Increment Financing Districts in Development District #2. G. Consider Approval of a Temporary 3.2 Malt Liquor License for VFW Post 6208. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: None 8. PRESENTATIONS: A. Communications Report - 2030 Vision Publications 9. OLD BUSINESS: A. Consider approval of a Resolution Accepting the Bids and Awarding the City's Standardized Contract for the Street Overlays as Identified in the 2005-2009 Capital Improvement Program. 10. NEW BUSINESS: A. Consider Approval of a Resolution Authorizing the Conveyance of Certain Tax Forfeit Lands for Public Use. B. Consider Approval of a Resolution Accepting the Unified Transit Management Plan. . C. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into the City's Standard Development Agreement for the Purchase of a 60-Stall Parking Lot Located at 4635 Colorado. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events 1. Commemoration of City Hall/School Building 2. Lakefront Days Announcement 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES July 18, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, LeMair, Petersen, and Zieska, City Manager Boyles, City Attorney Pace, Planning Director Kansier, Planning Coordinator Moore, Community Development Director Sullivan, Public Works Director/City Engineer Albrecht, Police Chief O'Rourke, Public Works Coordinator McCormick, Communications Coordinator Oster, Assistant to the City Manager Meyer, Administrative Assistant Green. Michael Cox of Wold Architects and Engineers, and Owner's Representative Bill Wolters were also present. 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: MOTION BYFLEMING, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE THE JUNE 20, 2005, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report for June and the First Half of 2005. D. Consider Approval of Animal Warden Monthly Report. E. Consider Approval of a Body Art License for Jerome DeLeon. F. Consider Approval of 2005 Second Quarter Investment Report. G. Consider Approval of 2005 Second Quarter Budget Summary Report and General Fund Overview. H. Consider Approval of a Temporary On Sale Intoxicating Liquor License for the Prior Lake Chamber of Commerce for Lakefront Days. I. Consider Approval of Resolution 05-120 Approving a Wetland Replacement Plan for Courtwood Village. J. Consider Approval of Resolution 05-121 Approving the Final Plat and Authorizing Execution of the City's Standard Development Contract for Courtwood Village. K. Consider Approval of Resolution 05-122 Approving Full and Final Payment of the County Road 42 and 83 Intersection Project. L. Consider Approval of Resolution 05-123 Approving an Agreement with MnDOT for Placement of a Sidewalk in the Right-of-Way (City Project #05-01 - Candy Cove Trail/Hwy 13). M. Consider Approval of Resolution 05-124 Authorizing Change Order #1 to City Project 05-01 (Franklin Trail) Utility Improvements. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes July 18. 2005 MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROYE THE CONSENT AGENDA AS READ. YOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried. PUBLIC HEARINGS: Consider Approval of an Ordinance Annexing 5.08 Acres of Property in Section 10 of Spring Lake Township Pursuant to M.S. 414.033 (Goodlund). Planning Coordinator Moore presented the request by Diane Goodlund, property owner, to annex her property for the purpose of development by Tollefson Development. The property meets the annexation requirements. Property would be known as Maple Glen 3rd Addition. MOTION BY PETERSEN, SECONDED BY FLEMING TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The public hearing opened at 7:10 p.m. Todd Bodem of Tollefson Development asked the Council to support the petition. Lynn Kvidera (17776 Wedgewood Lane) expressed concern that this development does not fit with the annexation of a year ago and geographically splits a community of homes that already exists. Stated there is a marsh on one side and an environmental lake on the other, and that water drains across her property to get to the lake. Expressed a belief that the property was not annexed because of the marsh and the environmental lake. She states the Watershed is concerned and cannot add or subtract from water that is running through her property. Also stated that DNR said the natural environment is the strictest of lake qualifications and it is a growing concern that such lakes might require more protection than currently provided by the rules regarding lot size. She asked if someone could address why this property was not annexed in the first place. Jeff Hoffman (17875 Wedgewood Lane) stated he has resided at this location for six years and bought it for the location. He related he has not yet seen information about layout of the proposed development or heard how it will affect his property financially in regards to roadways, water and sewer. Todd Bodem responded that the Spring Lake Watershed District is one of the most restrictive and that it takes a high level of effort to ensure its requirements are met. He stated that if the Watershed is satisfied, there should not be an issue. . MOTION BY ZIESKA, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING. YOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The public hearing closed at 7:18 p.m. Comments: LeMair: Stated he did not know the specifics of why this property was not in the original annexation agreement. Haugen: Stated he was part of original discussion and the lakes did not come into earlier discussion so that was not the reason. Petersen: Stated the property was in the orderly annexation back in the '70's, but there was no timeline on it then. The orderly annexation agreement was intended, in part, to outline time frames that land would be annexed. LeMair: Said it is hard for us to predict where development is going to take place. We now have willing property owners and analysis by City staff indicates the City can take on the sewer and water obligations at this location. Sees no reason to not annex it. Zieska: Commented that a lot of issues were raised, but many of the issues have no bearing on this discussion. The issue is to look at annexing a piece of property and changing the responsible local unit of government from the township to the City. It is not affecting land use; and if that changes, there are other approval processes which are more stringent under City Code than under township and county control. The area owned by the City is becoming larger and it will be easier and more economic to develop. He looks forward to the potential future of Maple Glen. Petersen: Asked City Engineer/Public Works Director Albrecht to comment about who will pay for streets, sewer and water. Albrecht: Developer is paying for streets, sewer and water for this project. The City has no plans to extend the services to the properties to the east unless the property owners request annexation to the City. Any roadway connection to Wedgewood would be predicated on the township allowing connection to the street. 2 City Council Meeting Minutes July 18, 2005 Fleming: Commented that the land use is consistent, appropriate with the comprehensive plan and in sync with annexation plan. Haugen: Stated that the annexation petition is not forcing any other property owners to come into the City; developer will pay costs for water and sewer; watershed plays a significant role in development and is highly protective of natural resources; staff has worked closely with watershed and developer to assure that all the watershed parameters are met; and the owner has a right to request annexation. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE ORDINANCE 105.17 ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (GOODLUND) VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried. Consider Approval of an Ordinance Annexing 5.47 Acres of Property in Section 10 of Spring Lake Township Pursuant to M.S. 414.033 (Barber). Planning Coordinator Moore presented the request by Jeff and Pamela Barber, property owners, to annex their property to the City limits. The property meets the annexation requirements and would also become a part of Maple Glen. MOTION BY FLEMING, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The public hearing opened at 7:29 p.m. Jeff Barber (17860 Wedgewood Lane) expressed confidence that Spring Lake Township and the City of Prior Lake will leave neighbors homes as the way they are and requested the Council to approve his petition. Tim Kvidera (17776 Wedgewood Lane) requested verification of the property location on a map and stated he supports the statements of Lynn Kvidera at the earlier public hearing regarding the drainage of water across the Kvidera property line from both the Goodlund and Barber properties. MOTION BY ZIESKA, SECONDED BY PETERSEN TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The public hearing closed at 7:31 p.m. Comments: leMair: Will support the petition because there are willing sellers and it meets the annexation requirements. Zieska: Asked for a note to developer that discourages making any roadway connection to Wedgewood Lane. Petersen: Stated that much of opposition mentioned is water is running out of control off this property and noted that bare farmland is harder to control than developed area, which will have curb, gutter and storm sewers to control the water. Fleming: The annexation petition makes sense and will support it. Haugen: Will support it and noted that his comments from the above public hearing are applicable here as well. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE ORDINANCE 105.18 ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (BARBER). VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried. PRESENTATIONS: Status Report Police Station I City Hall Project . Description of New Buildings Michael Cox of Wold Architects and Engineers spoke about the characteristics of the police station/city hall building that will be bid within the next 30-45 days. Displayed samples of interior and exterior materials for both buildings. Stated the project is now in the contract document phase. . Timing and Relocation of City Offices Police Chief O'Rourke described where city services will be provided at interim locations while the new buildings are being constructed. 3 City Council Meeting Minutes July 18, 2005 Comments: Fleming: Asked if there were plans to preserve or remove the annex. O'Rourke: It will be used during construction and when the police department moves into the new building, it will be removed to make room for the parking lot. Haugen: Stated the annex was deemed to not be adequate several years ago. Zieska: Commented he is happy to see process moving forward and that the City hall has served its purpose. LeMair: Remarked that phone lines will work and suggested that everyone call or em ail before going to where you normally would for City services to learn where they have moved - and be patient. Haugen: Stated that plans have been made to minimize potential adverse effect on citizens and we will continue to communicate what is going on and where services are. Commented that the school/city hall building has served multiple purposes and was identified over ten years ago for replacement. LeMair: Remarked on references to nautical themes throughout the buildings and stated he worked on the committee for the building projects and the nautical theme is subtle and tasteful and blends with the community. Petersen: Stated some citizens have said the Downtown doesn't present a theme, but with these two buildings, we have created one. Fleming: Asked Cox to outline the alternates for bidding and how it keeps the project on budget. Cox: The package of drawings is a complete set of architectural, mechanical, electrical, civil and structural drawings that compose the buildings. They will be bid as a single project. There are also eight alternates ranging from a piece of the building that could be built later, to bi-fold doors on the police garage, rain garden, recessed mats for the entry, etc. which will allow more opportunities when soliciting bids. Haugen: Referred to the senior community center projected for the future which, along with the police station/city hall, will provide a gateway to the Downtown and Lakefront Park. The nautical theme and Downtown building colors will become more apparent as additional steps are taken in Downtown area. This City Campus ties the 2030 Vision that has been created for the community. . Commemoration of City Hall/School Building City Manager Boyles highlighted the history of the building and its years of service as a school and as a city hall. He spoke of the commemoration event to be held on August 1 and invited anyone listening to or viewing this meeting to come to the event. . Report Regarding Preservation of Elements of Kop Building and Old City Hall Boyles introduced Jeff Oertel of Oertel Architects to present suggestions on memorialization of buildings. Oertel displayed drawings of several suggestions for each building. He stated that the Kop building is one of the oldest in the area and the exterior of the core building is the only thing remaining of the original bUilding and it is in tough shape. Three options were offered: 1) restoration; 2) retain the general form of the core structure with steel tubes and repairing the lower brick wall and using it as a garden area, seating area or memorial; 3) create a small memorial out of remaining brick with the rest of the building being torn down. Oertel stated the city hall property is not a prominent piece of architecture, but may have emotional/symbolic attachment to the community. Three options were offered: 1) Retain a portion of the structure and make a memorial out of it; 2) retain the bell tower in its current position or another location; 3) retain some of the masonry and building components and build a small memorial at the corner of the property. Another option would be to create a publication with oral histories from the community, photos, histories of students, etc., which could have just as much power and emotional appeal as retaining a part of the building. Comments: LeMair: Asked if the second option for the Kop building would mean doing it at the same location. Oertel: Replied that by moving a structure from its original placement, you diminish the overall value and reason why it is important. LeMair: Stated that one of the second two options would be more financially reasonable, and although in favor of a memorial on the site, if it were in the exact spot, it might minimize what could be done with the property. Regarding the school/city hall, he would be in favor of a written memorial. 4 City Council Meeting Minutes July 18, 2005 Zieska: Agreed with LeMair regarding Kop farm. Expressed preference for the second option and commented this could be a passive area where people could have reflective time and enjoy a natural setting in an urban environment. Concerned that the intersection will be redesigned at some time and that could infringe on the current location of the building. Regarding school/city hall, suggested that some of the bricks or something could be built into the relocation of the memorial that is currently in front of the building. Petersen: Agreed that moving a building takes something from it and historical sites are usually just a monument with a place to sit, etc. and maintenance of that is lower than trying to keep up a house. Most of the history of Prior Lake such as the railroad trestle and grain elevator are now pictures, which is probably better than a monument. Stated he is in favor of pictures as a memorial. Fleming: Commented that discussion began with seeking viable options and the value of preserving the history of Prior Lake. Stated that Option C is least favorable because of its appearance resembling a gravestone. Agrees with concerns about future development impacting the site of the original building on the Kop farm. Prefers Option Band suggests a budget up to $75,000. Regarding school/city hall, favors a historical publication that can be used as a study guide. Haugen: Regarding school/city hall, agreed that the building has no value, but the historical value could be moved to the new city hall with a historical room. Regarding the Kop property, stated it has emotional value even if no historical value. Oertel: Replied building would not have a national historic value since a property would have to have exceptional attachment to an important person or event to be placed on the register. Stated it is still is important locally. Haugen: Concurs with earlier statements about the current location potentially interfering with potential broader uses for property as a whole. Supports the middle option creating a sitting area, and encouraged staff to look at funding through public/private ventures as there may be ways to raise money to support this endeavor. Fleming: Asked if the Mayor was accepting the $75,000 fundraising challenge. Haugen: Replied if that is the correct amount and commented that a formal proposal would find out the appropriate amount. Boyles: Stated that the direction received from the Council is for the second option (Option B) for the Kop building with funding refinement and a site plan that does not have to be worked around in the future; and a historical publication for the school/city hall building. Zieska: Part of the report back to the Council from staff should include the amount that is needed and that can be part of the Council decision. Chamber of Commerce- 2005 Prior lake Lakefront Days. City Manager Boyles introduced Chris Mahowald, President of the Chamber of Commerce. Mahowald highlighted the events of Lakefront Days and thanked the City for its help with Lakefront Park, businesses for their sponsorships and volunteers for their contributions to the work. Comments: Fleming: Sounds like a great event. Petersen: Agreed it is a fun event and regrets he will be out of town. Zieska: Encouraged everyone to come and take advantage of the Laker Lines since there is no parking in Lakefront. LeMair: Commented that the event is growing and he is looking forward to it. Haugen: Agreed the event gets bigger and better. RECESS Mayor Haugen called for a recess at 8:40 p.m. RECONVENE The meeting reconvened at 8:48 p.m. 5 City Council Meeting Minutes July 18, 2005 OLD BUSINESS: Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the Police Station I City Hall Project. Boyles introduced Bill Wolters, Owner's Representative. Wolters commented that the process thus far has been very public and identifiable such as the selection of an architect, site, materials, etc. The schematic process and design and development are completed and it is now at the stage for contract documents. In addition to what the building will look like and how it will function, there have been meetings to talk about benefits to the citizenry and identification of cost effective operation of the buildings. Anticipated bid date is August 1 and anticipated bid award date is September 6. Comments: leMair: Will support it. Zieska: Expressed appreciation to Haugen and LeMair for serving as liaison to the building committee and to the City staff for the time and effort they have expended on the building committee. Stated there will be a great end result. Petersen: This is another step on the way. Have purchased the property, and staff and citizens are putting up with the inconvenience. Fleming: Will support it. Haugen: Another step that is consistent with the 2030 Vision. MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.125 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE POLICE STATION I CITY HALL PROJECT AS IDENTIFIED IN THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Mayor Haugen noted that agenda item 9B, Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract for Street Overlays as Identified in the 2005-2009 Capital Improvement Program, was removed from the agenda. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Wells 8 and 9 as Identified in the 2005.2009 Capital Improvement Program. Public Works Coordinator McCormick presented the resolution and detailed the need for and location of proposed wells as well as a timeline for advertisement and approval of bids. Comments: Fleming: Stated this is a step in the capital improvement process and will approve it. Petersen: Stated the well-testing is completed and it is known what the proposed wells will produce. These wells will use the treatment plant that we plan to build. Zieska: Supports it and reminded residents they can curb water usage by following the water restrictions. LeMair: Agreed with Zieska about monitoring water usage and asked how many additional gallons the new wells will add. McCormick: Up to two million gallons per day and the reservoir planned for 2007 will provide storage. leMair: Stated bids may come back higher than planned and asked what contingencies are in place in that event. Albrecht: Replied there are sufficient funds in the water fund to cover the cost, and the building design can be scaled back if necessary. leMair: Will support it. Petersen: Both of these wells will be supported by one well house. Albrecht: Agreed and stated we will be able to eliminate some of the current treatment for water and these wells will provide enough water for the filter plant scheduled to be on line in two years. Haugen: Will support it and commented that four years ago there was water shortage in the community; these wells will bring the City to seven active wells and there is a water program that deals with water production, conservation, education and communication. 6 City Council Meeting Minutes July 18, 2005 MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-126 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR WELLS 8 AND 9 (CITY PROJECT NO. 05-02) AS IDENTIFIED IN THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Report Regarding the Development of City Properties: 1) Main Avenue and Hastings; and 2) Franklin Trail and Park Nicollet. City Manager Boyles updated the Council on the status of the sale and development of two parcels, explained the need to seek variances on the Park Nicollet site and asked for an extension of time for removal of contingencies on that parcel. Comments: Fleming: Supports it. Petersen: Supports it. Zieska: No comment. LeMair: Stated he will abstain from discussion due to his partnership in one of the buildings. Haugen: No comment. MOTION BY ZIESKA, SECONDED BY PETERSEN TO EXTEND THE TIME TO SATISFY CONTINGENCIES FOR THE FRANKLIN TRAIL PARCEL ANOTHER 60 DAYS UNTIL OCTOBER 20,2005. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Authorizing the Sale of $2.5 Million General Obligation Improvement Bonds Series 2005C. Steve Mattson of Northland Securities stated that nearly all of the bonds have been sold at a better rate than anticipated and recommends locking in the interest rates. States they are prepared to enter into a bond purchase agreement. Comments: LeMair: Have done better than our estimates. Zieska: No comments. Fleming: Sought clarification on sequencing of bond sale. Mattson: Replied there are two traditional methods of marketing bonds: 1) bids would be opened and bidders would be invited to bid and the lowest bid would be accepted, or 2) use the negotiated bond sale where bonds are premarketed and the bidder community advised that a bond issue is coming thus allowing us to time the sale of the bonds. Fleming: Asked if premarketing is a transaction. Mattson: Replied the bonds have not been transacted; but bonds are considered "when and if issued" and the bidder agrees they would take the bonds if the Council awards them. Haugen: Noted that the purpose of these bonds is for street reconstruction and it is a ten-year bond, which is part of a cycle and another bond will be dropping off. Mattson: Affirmed that a sophisticated City will use this bond ladder. Each year a bond is issued and another paid off so the bonds are not long-term, better rates are received and it prevents the City from paying a lot to borrow money. Haugen: Clarified that besides the savings, organizations like Moody's rate better for short-term debt as opposed to long- term debt. Mattson: Stated that Moody's reaffirmed M3 rating and there were some votes to raise rating the City's rating to M2. Commented that there are only 16 cities in Minnesota with an M2 rating. MOTION BY PETERSEN, SECONDED BY FLEMINGTO APPROVE RESOLUTION 05.128 PROVIDING FOR THE ISSUANCE AND SALE OF $2,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. 7 City Council Meeting Minutes July 18, 2005 Consider Approval of a Resolution Approving the Assignment of TIF Note and Development Agreement with Onsite Engineering (TIF District 4.1 in Deerfield Industrial Park). Community Development Sullivan explained that the lender is requesting assignment of the development agreement and TIF note as security. Comments: Fleming: No comment. Petersen: Will support it. Zieska: Will support it since City Counsel concurs there is no financial liability to the City. LeMair: No comment. Haugen: Will support it. MOTION BY ZIESKA, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.127 APPROVING THE ASSIGNMENT OF TIF NOTE AND DEVELOPMENT AGREEMENT WITH ONSITE ENGINEERING (TIF DISTRICT 4-1 IN DEERFIELD INDUSTRIAL PARK). VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Denying a Petition Requesting an Environmental Assessment Worksheet (EAW) for Excavation of Sand and Gravel for Ryan Contracting on Property Located on McKenna Road. Planning Director Kansier reiterated the history and current circumstances of this item. She explained the Minnesota rules about when an EAW needs to be done and noted that the EAW prepared in 2000 by Liesch Associates addresses all the environmental impacts of this project. She noted that the rules state that there must be changes in the proposed project vs. a change in circumstances or something in the surrounding area. The basis for the 2005 petition is changes in the surrounding area, but not the project itself. Liesch Associates was asked to review the original petition as well as the new petition. Their opinion is expressed in a letter and Mark Olson of Liesch Associates is present to explain the contents of the letter which, in essence, states a new EAW is not required for the project based on the project itself as well as Minnesota rules. Olson noted the documents that were provided to them for their review and summarized his letter to the Council. He stated there is no time limit on an EAW and if there is no significant change in the project, a new EAW is not required. There were no changes to the project except for additional stipulations put on the project. Olson concluded that another EAW or a revised EAW would not be required for this project. Comments: Fleming: Stated he is comfortable with the staff analysis as well as that of Liesch Associate and will support the resolution. Petersen: Stated the Council went through this several years ago and he will support denying the petition. Zieska: Asked Olson if the project is basically the same as it was before and if Olson thought the additional conditions placed by the Court make it even more restrictive. Olson: Yes. Zieska: Stated that four years ago the Council's primary concems were the impact on surrounding residential areas and potential contamination of groundwater so the Council imposed 37 conditions to protect those two areas. Project has not changed other than to have additional conditions imposed. Regardless of personal feelings, the rules of the State of Minnesota have to be followed and he supports denying the petition. LeMair: Asked how many cubic yards are in the pit. Kansier: They are limited to removal of 500,000 cubic yards. LeMair: Asked what would be the problem with ordering another EAW. Kansier: A potential cost of $25,000 as well as a two- to three-month period of time to complete it. LeMair: Asked what period of time is required to mine 500,000 cubic yards. Kansier: Replied that Ryan Contracting has offered a ten-year projection, but the CUP must be renewed every year. Pace: Stated that in addition to renewing it, there is an opportunity to review conditions and assure that there is not an adverse impact that has not been mitigated against. 8 City Council Meeting Minutes July 18, 2005 Zieska: Noted that one of the conditions allows only one dump truck to be on the site at a time. LeMair: Expressed concern about the possibility of having the pit in the community for ten years and stated it is not a use desired for this neighborhood. The project has not changed, but the community has changed all the way around it. Pace: Stated at the time of the original CUP, gravel mining and excavation was not permitted in the City; but after analyzing materials relating to why mining was not permitted, it was determined that there was not sufficient evidence to support prohibiting mining everywhere within the City; therefore, the City Council amended the zoning ordinance to permit mining in certain zoning districts as a conditional use. A conditional use permit allows the City Council to impose conditions to protect the environment and assure the activity is consistent with the conditions the Council imposes. Even though the Council may not like the operation, it would have to be addressed by looking at the zoning ordinance today to see if there is any reason to prohibit the activity within the City. LeMair: Asked for another EAW so the Council can assure it is doing the right thing. Zieska: Commented that others may think the pit is incompatible with surrounding land uses, but noted there is a pit near Savage and believes there are more trucks traversing there or near the SMSC community. Reiterated that the ordinance and State rules say the operation hasn't changed and the conditions that are imposed should take care of potential problems. Fleming: Noted that the judgment of the previous Council that adopted the ordinance or the rationale behind it cannot be undone. LeMair: Disagreed and noted there is an opportunity to authorize another EAW. Zieska: Asked how the project has changed from the original EAW. LeMair: Notes the community has changed. Haugen: Concurred that a gravel pit at that intersection has an impact on Shepherd's Path and senior condominiums, on the Wilds, on SMSC and Jeffer's Waterfront, but reiterated that an EAW is required only if the project changes and wondered if it is a wise investment of time or resources to ask for a new EAW; since the consultants and evidence presented indicates the project has not changed. Olson: A new EAW would provide the question of whether an EIS would be needed rather than answer whether or not the project should continue; and he commented that he perceives no need for an additional environmental assessment. Pace: Based on the data submitted and the consultant's (Liesch's) expert assessment, agreed the project hasn't changed and sees no reason to spend Ryan's money when all the mitigating conditions are in place and the opportunity to impose more if conditions warrant. Stated that in her opinion based on the record that an EAW is not needed, but the decision was one the City Council and not the City Attorney needs to make. Fleming: Questioned if the impact has changed from 1999 to today because of the new development. Pace: Replied that impact was addressed by knowing that development would ensue over the years which is why the conditions were imposed. Fleming: Clarified that the conditions recognized that the development was going to occur. Zieska: Asked Albrecht if the cost of gravel was impacted by transportation cost and queried how much would be used on street projects. Albrecht: Affirmed that transportation costs are a large part of gravel costs and about 4,000 - 5,000 cubic yards will be used this year. A typical 1 OO-acre subdivision will use 500,000 cubic yards so the amount of material isn't the issue, it is the distance. Ryan Contracting is doing a lot of the developments in Prior Lake and Shakopee and it is likely this gravel pit's material is being used and helping to keep down the cost of the developments. Zieska: Stated this is a "not-in-my-back-yard" discussion and that gravel must come from somewhere. Trucks will go to the development sites on the same roads. Any perceived problems this operation could have will be mitigated by all the conditions that are placed upon it. Fleming: Asked what happens if the preconditions are not met. Kansier: Replied they must be met to be allowed to work on the site. Pace: Noted the CUP is not reinstated until preconditions are met. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.130 DENYING A PETITION FOR THE PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR EXCAVATION OF SAND AND GRAVEL ON THE MCKENNA PROPERTY. 9 City Council Meeting Minutes July 18, 2005 Comments: Petersen: Noted that gravel pits are made useful when they are finished. Zieska: Stated that some of the conditions have to do with restoration. Fleming: Stated he is empathetic towards LeMair's thoughts and the residents who are impacted. leMair: Restated that his point is not whether or not to have a gravel pit in that location, but that there is probably an opportunity for more protections if another EAW is done. Haugen: Stated his confidence in the professional guidance given to not waste the time, energy and money and believes the potential for change in the EA W is non-existent. VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. LeMair opposed. The motion carried. NEW BUSINESS: Consider Approval of an Ordinance Approving Rezoning 21.16 Acres from A to R-1 and Approval of a Resolution Approving a Preliminary Plat to be Known as Wilds Ridge North. Planning Director Kansier presented the request for rezoning and approval of a preliminary plat. She noted the probable variance of tree replacement code. Comments: leMair: Commented that he likes the looks of the development and is favor of it as well as looking at a solution for the trees. Zieska: Expressed confidence that resolution will be found between staff and developer on the disparate lot sizes and tree replacement and asked if there is development on the south side. Kansier: An approved development is in place, just not noted on the map. Petersen: Agreed that not all the trees can be preserved and it will be worked around. Fleming: Asked Stanton (developer) about signage. Stanton: Replied that monument-type signage is planned and that an easement may be needed on the comer lot. Haugen: Asked the staff position on a potential tree variance. Kansier: Replied there may be a case for hardship because of the topography and constraints in development. Ultimately, a goal would be to look at ordinance to make assure it is done properly and allows options for cases such as this one. Haugen: Will support. MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE ORDINANCE 105.19 AMENDING SECTION 1107.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. MOTION BY LEMAIR, SECONDED BY FLEMINGTO APPROVE RESOLUTION 05-129 APPROVING THE PRELlMINARYPLAT OF THE WILDS RIDGE NORTH SUBJECT TO THE CONDITIONS OUTINED HEREIN. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Approving a Conditional Use Permit to Allow an Amateur Radio Antenna to Extend 25 Feet Above the Structure Height. Planning Coordinator Moore presented the request and noted it is approved by the Planning Commission. Comments: leMair: Asked for what use the antenna is intended. Moore: Replied it will be used for church organizations to communicate with family members in Central America as well as weather communications. leMair: Will support it. 10 City Council Meeting Minutes July 18, 2005 Zieska: Stated it is intended for the public good and the petitioner has done as much as he could to mitigate any impact on the neighbors. Will support it. Petersen: Will support it. Fleming: Applauded the research and due diligence in submitting the report. Haugen: Agreed that the presentation made it easy to understand the impact. MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05.131 APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN AMATEUR RADIO ANTENNA IN THE R-1 ZONING DISTRICT. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Accepting Quotes and Authorizing Execution of the City's Standardized Construction Contract for the 2005 Trail Improvement Project. Public Works Coordinator McCormick presented the resolution to authorize expenditures to install trails and a half basketball court in and around City parks. Comments: Fleming: No comment. Petersen: No comment. Zieska: Asked where the half basketball court will be located in Sand Point park and whether or not a full court should be considered. McCormick: Replied the court would be near the playground. Albrecht: Noted the half court maximizes space in the parks and there has been no demand for a full court in the neighborhood. LeMair: Supports it. Haugen: Supports it. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.132 ACCEPTING QUOTES AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT WITH PRIOR LAKE BLACKTOP, INC. FOR THE 2005 TRAIL IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. Community Development Director Sullivan presented a proposed grant requesting $3,992,682 from the Livable Communities Demonstration Account, which would support commercial development at the Jeffers Pond site. Comments: Fleming: Stated an appreciation of the spirit behind the grant request and noted his interest in the performing arts component. Asked if the square footage detailed in the grant application was designed. Haugen: Replied there was no design specifically for the performing arts. Schematics were provided for the urban village and the performing arts center would fit into that sort of detail. Fleming: Wondered if this grant request locked us into the elements listed in the proposal. Petersen: Stated that submitting the grant request does not cost more than time and it allows us to see where it goes. Zieska: Concurred there is no risk and a huge, potential reward. Will support it. LeMair: Stated there are many cities that could use this money and applauded efforts to apply. Will support it. Haugen: Displayed pictures that show the essence of an urban village. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.133 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS. 11 City Council Meeting Minutes July 18, 2005 VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of an Ordinance Amending Section 105.300 of the Prior Lake City Code Relating to Salaries of the Mayor and City Council. City Manager Boyles presented salaries recommended by the compensation committee following their review of salary surveys on comparable cities. Comments: LeMair: Stated he was part of the compensation committee and noted that even though the Mayor and Council members do not rely on the income of the position, compensation needs to be just to attract qualified people for the role. Prior Lake should be similar to similar communities. He related many of the events that are attended by Council members and the time required for that. Stated he is in favor of increasing the amounts recommended by another $50 per month more for Council members and $75 per month for the Mayor. Zieska: Concurred with LeMair and noted the comparisons were based on 2004 figures so are already dated. Petersen: Agreed the time commitment is great and noted the per diem does not include Council meetings, but is for other meetings. Fleming: Commented that the increases will not go into effect until January 2006, so the compensation will be given to people who are elected in November. Haugen: Stated it should not be viewed as compensation for the people, but for the role. Prior Lake is one of the faster growing cities in the metro area and in the State. Compensation needs to be revisited every few years to keep it up to. speed for whomever is filling the role. Fleming: Clarified the amounts proposed by LeMair. MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE ORDINANCE 105.20 AMENDING SECTION 105.300 OF THE PRIOR LAKE CITY CODE RELATING TO SALARIES OF THE MAYOR AND CITY COUNCIL AS READ. Mayor Council members 2006 $720 $570 2007 $750 $595 2008 $785 $620 VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Request for Authorization of a Settlement Agreement and Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Development Agreement for the Ryan Contracting Condition Use Permit. Planning Director Kansier introduced John Baker of Greene Espel. The concept of the settlement is that if Ryan were to satisfy all of the preconditions within a specified period (November 30), the City would reinstitute the 2001 CUP. Until then there is no CUP in place. Ryan is held to all of the conditions set forth in the 2001 CUP as well as the conditions set forth in the 2002 order. Even if there are conditions Ryan believes could have been improved upon, the City has refused all such requests and they have concurred. Ryan is waiving their ability to challenge conditions in the CUP including ones they disagree with. Ryan is to report progress on a monthly basis, and if they believe they have satisfied the conditions theY have rights to require the City to convene a meeting to determine their compliance and the City is responsible for getting back to them in a specified period of time to identify in writing which ways they fall short of compliance. It is anticipated Ryan will satisfy the preconditions. Baker also noted a draft development contract is written with terms that are acceptable to both Ryan and the City. When the final development plan revisions are in, Baker will give recommendations on how to proceed. In regards to the blanks that still need to be filled in on the development contract, he suggests the Council provide the authority that would not be acted upon until staff has certified that Ryan's plans have been revised to comply with the instructions that were provided to them last month and that Ryan Contracting has signed both the settlement agreement and the development contract. Then the development contracts would be submitted for execution by the Mayor. 12 City Council Meeting Minutes July 18, 2005 Comments: leMair: Asked why Ryan had not signed the development contract. Baker: The way things were scheduled, pre-EAW petition, the expectation was that on June 20 there would be a settlement agreement with terms agreeable to Ryan and it would be signed. When the EAW petition hit, it put the City in a position where it could not move forward with those approvals that night. That put Ryan in a "wait-and-see" attitude. For example, they were close to satisfying all conditions the City had directed them to do and the uncertainty of the EAW petition caused them to defer some of the expenditures. leMair: Asked if a prerequisite for Ryan signing was denial of the EAW petition at this meeting. Baker: Replied that was uncertain and that this sequence was the safest way for it to be completed. leMair: Stated he does not agree with authorizing a CUP, but will listen to other Councilmember comments. Zieska: Asked City Attorney Pace if the settlement agreement and development contract with the loose ends tied up would be adequate to protect the City. Pace: Affirmed that since the conditional use permit cannot be effective until certain conditions are met, she is satisfied. Zieska: Will support it. Petersen: Will support it. Fleming: Stated he is confident the City's interests are being protected. Haugen: Stated he trusted legal counsel and that he will support it. MOTION BY ZIESKA, SECONDED BY PETERSEN TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT WITH RYAN CONTRACTING. VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. LeMair opposed. The motion carried. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.134 APPROVING DEVELOPMENT CONTRACT FOR THE RYAN CONTRACTING CONDITIONAL USE PERMIT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO CONSTRUCTION. VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. LeMair opposed. The motion carried. ADJOURNMENT With no other comments from Council members, a motion to adjourn was made by Fleming and seconded by LeMair. With all in favor, the meeting adjourned at 11 :20 p.m. 13