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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA October 17, 2005 7:00 pm Fire Station No.1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: Color Guard - Eagle Scouts. 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 OCTOBER 3, 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 Control Monthly Report. E. Consider Approval of Monthly and Third Quarter Fire Call Report. F. Consider Approval of Third Quarter Budget Report. G. Consider Approval of 2005 Third Quarter Investment Report. H. Consider Approval of: 1. A Resolution Adopting the National Incident Management System as the Standard for Incident Management; and 2. A Resolution Adopting, Recognizing and Promoting the Establishment and Utilization of Intrastate Mutual Aid Agreements. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 I. Consider Approval of a Resolution Approving the Common Interest Community Number 1160 (Greystone Industrial Condominiums) CIC Plat. J. Consider Approval of An Ordinance Amending Section 202 of Prior Lake City Code Regarding the Planning Advisory Commission. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: A. Special Assessment Hearing for 2005 Improvement Projects 05-01 and 05-11 Fish Point Road, Fairlawn Shores Trail, Bluedorn Circle, Candy Cove Trail, and Centennial Street Improvement, and Consider Approval of a Resolution Adopting the Assessment Roll for the Project. 8. PRESENTATIONS: A. John Sullivan - Former Community Development Director B. Groundbreaking for Police Station I City Hall. 9. OLD BUSINESS: A. Consider Approval of a Report Regarding the County Road 82, Bay Knolls Drive Safety Fence Composition. B. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Agreement for the Preparation of a Master Plan of the Kop Property. C. Consider Approval of a Report Regarding Permitted Uses for the C-5 Zoning District. D. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into Agreements with Respect to City-owned Property at Hastings and Main Avenue: 1. Development Agreement, 2. Agreement for Purchase of City-owned Property, 3. Lease Agreement for Public Parking Lot. 10. NEW BUSINESS: A. Consider Approval of Resolutions Amending the 2020 Comprehensive Plan Land Use Map to Add 10.5 Acres of Land to be Designated as Low to Medium Density Residential (Barber/Goodlund). B. Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and Spring Lake Township Annexing Ten Acres Commonly Known as the Shuman Property. C. Appointments to Advisory Committees and Planning Commission. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events. 12. ADJOURNMENT ,~""",,-,~-,,,~,--"--,,-",-_.~+-,.,.. ..^. .,"_..~,---~_.._".~>,-~-~<--~~---~---_._-,---;-",".,,~---_..,.""",~,-",-~",-",,"-~,"--,,,~--'-'..~,-"_....._-_. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes October 3, 2005 Draft REGULAR COUNCIL MEETING MINUTES October 3, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Fleming, LeMair, Petersen and Zieska, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Recreation Coordinator Barstad, Police Lieutenant Hofstad, Planning Coordinator Moore, Communications Coordinator Oster and Administrative Assistant Green. 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: Councilmember Fleming requested that item # 11 B, status of the Shepherd of the Lake PUD be added to the agenda. Mayor Haugen requested that item #11 C, County Road 21 at the intersections of Fish Point Road and Adelmann be added to the agenda. City Manager Boyles advised the Council that item #5C is removed at the request of the petitioner; and that the presenta- tion to John Sullivan, former Community Development Director, would be moved to the next meeting. MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE THE AGENDA WITH THE ABOVE MENTIONED REVISIONS. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECONDED BY ZIESKA TO APPROVE THE SEPTEMBER 19, 2005, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 05.162 Approving a Final Plat and Authorizing Execution of the City's Stan- dardized Development Contract for Maple Glen 2nd Addition. C. Consider Approval of Resolution 05-xxx Approving a Final Plat and Authorizing Execution of the City's Stan- dardized Development Contract for Wild's Ridge North. D. Consider Approval of Resolution 05.167 Approving a Contract to Participate in the Scott County Sentencing to Service Program. City Manager Boyles reviewed the consent agenda items and noted that item C, a resolution approving a final plat and authorizing execution of the City's Standardized Development Contract for Wild's Ridge North, is removed. MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 5C. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes October 3, 2005 Draft PUBLIC HEARINGS: There were no public hearings. PRESENTATIONS: Concept Plan - Hickory Shores (O'Brien Property) Planning Coordinator Moore introduced the concept plan and noted that no formal action from the Council is requested at this time. John Anderson of Giles Properties was present to respond to questions from the Council. Comments: Fleming: Stated he will look forward to hearing the plan for mitigating stormwater runoff. Petersen: Asked if the intent is to leave most of the trees. Anderson: Noted that the northern area and cul-de-sac area between Rice and Crystal Lakes is fairly open and the south- ern 40 acres is wooded. The southern area will be custom lots so the builder can pick and choose which trees would come down. The developer is trying to preserve as many trees as possible. The townhouse area is mostly field and there are few trees, but they will save as many as possible to create a buffer for back yards. Petersen: Asked regarding trails along the lakeshore. Anderson: Trails would run from Heritage Landing along the lakeshore and between the two lakes with connecting points to streets on the southern boundary. Other trails would connect with Maple Glen. Petersen: Asked about the intention to close the road north of development so it doesn't go through to Hwy 13. Anderson: Replied it would not be closed, but realigned to have a better sight line for traffic. Zieska: Asked what the allowable shoreline impervious surface is. Moore: Thirty percent. Zieska: Suggested leaving the lots at 100' and 20,000 square feet to allow for appropriate impervious surface space. Anderson: Noted that a majority of the lots are more than 20,000 square feet. LeMair: Asked if there will be requirement sizes for houses. Anderson: Affirmed and stated they are negotiating with several builders who would work on the project and will work with them to determine final size and building guidelines. City will have a chance to review with the PUD submittal. LeMair: Asked whether there were sidewalks throughout the project. Anderson: Stated that the only sidewalks proposed are along the main road and none in the cul-de-sacs, and there are trails proposed for the green space that connects to streets in three locations. LeMair: Stated he is an advocate for sidewalks in the cul-de-sacs. Asked if Ida Circle is in city limits. Moore: Affirmed. LeMair: Confirmed that Ida Circle access will be through 170th Street. Albrecht: Stated that part of access management planning with MNDot states that Ida Circle access to Hwy 13 will be gone. Vacant property may be used to construct access to Ida Circle to fulfill an agreement with MNDot. Advised the Council that a petition was received from residents of Ida Circle for sewer and water if development goes forward. Anderson: Commented that Giles Property held a neighborhood meeting to address concerns. Noted that this proposal is not to reconstruct Ida Circle and will only go up to it. LeMair: Looks like a nice development and density is what we're looking for. Haugen: Asked if the 50-foot strip along the lake is similar to the strip around Jeffers Pond. Albrecht: Replied that the Jeffers Pond buffer is 50-feet wide, but the natural strip to facilitate the trails is wider. This pro- posal is similar to Heritage Landing which is adjacent. Haugen: Asked if there are watercraft restrictions on the two lakes. Moore: Replied she is not aware of watercraft restriction on these two lakes. Haugen: Stated he has never observed motorized watercraft on these two lakes, but wondered if the concept addressed the issue. Moore: Replied it could be reviewed with the preliminary plat. Anderson: Stated the development is not proposing any private docks and access would have to be from public access outside of the development. 2 City Council Meeting Minutes October 3, 2005 Draft Haugen: Stated he is not proposing there should be access. Boyles: Asked Albrecht to describe the configuration of the Hwy 13 and 170th Street intersection. Noted the Council has approved the County's plan for the intersection. Albrecht: Replied the location of the intersection will remain the same, this will make it a better "right-in, right-out" which will slow traffic down that is exiting Hwy 13. MNDot's preliminary review indicates this meets what was intended for corridor control in this area. CR 12 will remain a "three-legged" intersection and will not go across Hwy 13. Boyles: Asked if projections suggest there will be traffic control signals. Albrecht: Stated there is nothing to indicate it at this time. Toastmasters International Proclamation City Manager Boyles stated that October is the 8151 anniversary of Toastmasters in the United States. Mayor Haugen read a proclamation and presented it to Genell Hollahan, President of MN River Valley Toastmasters. Hollahan thanked the Mayor and Council, informed the viewing public of the Toastmaster meeting schedule and invited any interested person to join them. Comments: No comments. Follow-up Report Regarding Mail tube Installation on Mailbox Posts. City Manager Boyles reviewed the topic and noted this report was to respond to the question was raised about whether ECM would go onto private properties to install tubes. Correspondence from the ECM attorney has stated they would not. Pace: Stated the ECM response was straightforward and answered the query. Zieska: Asked if anyone would also have the right to place tubes on street signs or telephone poles that are in the right-of- way. Pace: Mail boxes are distinguishable from other kids of poles or light structures and the City would enforce that. Boyles: Mail boxes are installed in accordance with postal regulations and they are usually outside property lines, but maintained by owners of the residence. Autumn Gathering and Fall Recreation Programs. Recreation Coordinator Barstad informed the Council of several events that are planned starting with the Autumn Gather- ing and continuing through the winter. Comments: Fleming: Expressed a thank you for the update. LeMair: Noted the activities sound like fun. Communications Report - Website Demonstration Communications Coordinator Oster demonstrated the upgraded Website. Comments: Fleming: Complimented Oster on the excellent work and noted that much work and effort goes into building, maintaining and upgrading Websites. Petersen: Concurred with Fleming. Zieska: Stated this is a vast improvement and he likes it. LeMair: Stated this is a real asset for people who don't live in the community. Haugen: Well done. Stated that communication is a real priority in the 2030 vision and asked Oster to state the changes that were implemented in the Wavelength. Oster: Replied that the Wavelength has been changed to a monthly product and it will be distributed in the Prior Lake American at about the same cost as six editions using the old format. Distribution will usually be in the edition that is distrib- uted on the last Saturday of each month. 3 City Council Meeting Minutes October 3,2005 Draft John Sullivan - Former Community Development Director This agenda item is deferred to the next meeting. OLD BUSINESS: Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into Agreements with Respect to City-owned Property at Hastings and Main Avenue: 1. Development Agreement 2. Agreement for Purchase of City-owned Property 3. Lease Agreement for Public Parking Lot City Manager Boyles reviewed the status of the sale of this City-owned parcel. He noted that the documents proposed for approval at this meeting were negotiated to assure that the proposed development will occur, or the City would be able to retain the property. Comments: LeMair: Asked what the provisions were in the original agreement for milestones that were not met. Boyles: The $15,000 deposit would be forfeit if developer failed to meet significant milestones. The intent was assure that development took place and to have a means to motivate development. Stated that milestone dates for completion of con- struction and certificate of occupancy are most crucial. LeMair: Asked if this should be bid again. Boyles: Stated that the penalty has been escalated to an additional $15,000 for every 45 days. We wanted to assure the City would be protected against delays in getting financing. A letter from a bank representing Rock Creek that indicat~d Rock Creek is pre-approved for a loan for a 15,000 square foot building. LeMair: Asked if the $15,000 is payable in a check made out to the City. Pace: Affirmed. LeMair: Sought clarification on how long the process would be extended. Pace: Replied that if Rock Creek did not pay the $15,000 after a 45-day interval, it would be a material breach. Compared it to a floating option - given the floating time table - and the end result is that either they are in the ground by April 7 or they will have paid the City $60,000 and we get the land back. Their bid was $80,000 more than next highest bid so it seemed prudent to keep the highest bidder motivated and provide incentive to develop the project and not just speculate on the land. Our comfort level in negotiating this agreement included knowing that by the time they had to pay the next $15,000, they would have incurred money in planning fees. LeMair: Stated his objective is to see a building in that space. Noted that it is good that there is compensation in place, but in the large scheme of things we want to have the building in our Downtown. Pace: Replied that was her incentive in keeping the ball rolling with the $15,000 penalties. Looked back at the other bid proposal, but it had a lot of contingencies that would have allowed them 60 days to remove the contingencies and still be able to get their $15,000 back. The City is getting more out of this proposal. She has spoken frequently with attorney for builder and has stated that our objective was to have a building in the ground by the spring and, if not, the City will have been amply compensated. Zieska: Asked if the City is satisfied that the intent is met if the building is started by April 7 with no further penalty to Rock Creek. Pace: Affirmed. Zieska: Asked if any other City approvals were needed other than the building permits. Pace: Stated the only reason to come back to the Council is if the City wanted to declare a material breach and sought authority from the Council to do that. Zieska: Sought clarification of whether or not the City was the cause of the delay from the agreed upon construction date of November 1. 4 City Council Meeting Minutes October 3,2005 Draft Pace: Replied that Council authorized her to negotiate a development agreement that would get a building in the ground and protect the City. It took longer to negotiate the agreements than would have been expected because they are very advantageous to the City. Zieska: Stated that he is satisfied with intent of what we are trying to do if building is in ground by April 7 and will support staff recommendations. Petersen: Noted that approval was granted from the Planning Commission on September 26, and he can support the ex- tension to April. Fleming: Asked when Rock Creek plans to have it 50% pre-rented. Pace: Replied that they were putting their own money in to get to plans, specs and building permits and that, in addition to paying $15,000 every 45 days, seemed enough motivation to protect the City. Fleming: Asked why they cannot get construction financing if they are pre-approved. Pace: Replied the preapprovalletter from the bank means they looked at credit history and were eligible for financing, but having 50% of the space leased is a condition for lending the money. Pre-approval is for credit worthiness. Fleming: Noted that a lot of things could change in the financing domain between now and April, and asked how the Coun- cil would determine the amount of time for a material breach. Pace: Replied that the City's building official would determine a reasonable amount of time. Fleming: Asked if the Council had a precedent for this action. Pace: Replied that this project has combined two processes; the disposal of City-owned property going out for competitive bids and also assuring the property was disposed of for development rather than held for speculation. Fleming: Asked if there is recourse for bidders who lost the original bid to declare they could have performed under the conditions being laid out for Rock Creek. Pace: Noted that other bids had conditions on them that allowed them to withdraw their bid and the $15,000 returned. Suggested if the Council is not comfortable with moving forward, the sale of the property should be re-bid. Fleming: Stated that the Council has done a good job trying to promote development, but doesn't have confidence that Rock Creek will perform. Pace: Stated that if they don't perform by April 7, the City will have $60,000 and will start over again. Fleming: Stated he is not comfortable not knowing why they don't get the space rented. Pace: Other bidder may have intended to occupy part of the building themselves so could have shown their bank that they had a tenant or was owner-occupied. Boyles: Stated there appeared to be two concerns: whether security that is negotiated is enough to protect the City, or the date of April 7 is too far out. Haugen: Commented that the negotiations have protected the City financially, but doesn't want to waste unnecessarY time continuing Downtown development. Concerned that the developer will be able to get money back if he performs by April?, but the five months would be gone. States he wants to see a successful venture and his concern is that the date is too far out. Zieska: Noted that the sale of the property has not closed, and in the original agreement the construction would commence by November 15. Asked if a building permit could be obtained and construction begun by November 1. Moore: Replied that it would take at least six weeks to two months to complete the site plan process. Zieska: Stated the City has done due diligence and any further delays are now caused by developer because he has to rent space. Suggested that the City continue negotiations with the date of December 1 as the commencement of construc- tion and suggested possible terms of agreement. Fleming: Asked why a 45-day block oftime was selected. Pace: No reason. LeMair: Stated he was willing to grant two 45-day extensions at $15,000 each. At end of second one, if financing is not in place and no building permit is granted, we start the process over. Zieska: Noted LeMair's suggestion was clean and uncomplicated and he liked it. Suggested the clock should start on De- cember 1. LeMair: November 1. Zieska: The City negotiated in good faith but negotiations took longer so would want to allow an extra 30 days. LeMair: Replied that would place the timing into April. 5 City Council Meeting Minutes October 3, 2005 Draft Pace: Noted that another variable could be the drop dead date to secure a building permit. LeMair: Agreed because then costs would be incurred that could not be recouped. With Planning Commission approval last week, it will still take six weeks to get a building permit. Pace: Restated that if there is no building permit by January 3, the City will redo the process and keep the money. LeMair: Noted that if the City started the process over right now, there could not be a building before spring anyway. Haugen: Clarified that the discussion is for a conditional use permit, not a variance. LeMair: Wanted clarification on how the money is received. Pace: Certified checks. LeMair: Noted that a written process should be in place. Pace: Replied that it would be the development agreement. MOTION BY ZIESKA, SECONDED BY LEMAIR TO DIRECT STAFF TO GET A SIGNED DEVELOPMENT AGREEMENT AND PURCHASE AGREEMENT FROM ROCK CREEK BUILDERS BY ITS OCTOBER 17, 2005, MEETING FOR THE CITY-OWNED PROPERTY ON HASTINGS AND MAIN INCLUDING THE STIPULATIONS PUT ON BY COUNCIL AT THIS MEETING, OR THE CITY WILL RE-BID THE PROJECT. Petersen: Stated that with no developer represented at the meeting, he has difficulty supporting the action. Haugen: The developer will have two weeks to put together the modifications and the modifications will set January 3, 2006, as the date to have the building permit formally issued. Pace: Stated she will contact the developer's attomey tomorrow to leam if Rock Creek is interested in moving forward un- der these terms. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. NEW BUSINESS: Consider Approval of a Report with Respect to Allowable Uses in the C.S Zoning District. Planning Coordinator Moore noted that staff has considered the request of whether retail and motor vehicle repair would be allowed in the C-5 district and presented issues and altematives the Council may want to consider. Joe Bendzick was available to answer questions for the Council. Comments: LeMair: Clarified that Bendzick wants to locate to Deerfield and asked if there should be a request to rezone the lot in which he is interested. Moore: Zoning a specific lot would be island zoning and wouldn't recommend it. LeMair: Would like to see them be able to get into the area and seems reasonable to be able to find a spot for this busi- ness. Pace: Couldn't rezone one lot unless it was contiguous to similar zone. Zieska: Would like to see C-5 uses remain as is. Other businesses have been able to stay with the zoning. Bendzick should look at some of the other lots available in the City. Petersen: Assumes Bendzick is looking at this area because there is something available. Asked if his business needs drive-by traffic and noted that current location is industrial. Asked what Bendzick's timeline for relocation is. Bendzick: May 1, 2006. Haugen: Asked Bendzick to point out desired property. Bendzick: Off CR 21, next to American glass. Noted his business does not want outside storage. Would move bushes and shrubs to this site and make it look better. Building would not look any different than it does right now. Time frame js a big issue. They do need drive-by traffic and cannot go back into the Deerfield Industrial Park. Fleming: Asked how excess noxious matter is monitored. Moore: Complaint-oriented, or perhaps the Minnesota Pollution Control Agency. Fleming: Asked if a business located in C-5 could do a good job of managing noxious matter. 6 . ----.----r -_._.._~_._--_..-...._.----_..- ....... . City Council Meeting Minutes October 3,2005 Draft Moore: Stated that existing businesses tend to be technology oriented, etc. and don't generally have to deal with that is- sue. Fleming: Asked what the plan would be to control noxious matter. Bendzick: Replied that all used motor oil and antifreeze is recycled - take care of hazardous liquids that way. Smoke is filtered. Since everything is computerized, scanners reveal the diagnosis rather than running the vehicle. Haugen: Stated we would like to find something that will fit the business, but this may not be it. Cannot spot zone. En- couraged Bendzick to talk to Boyles about a couple of other locations that fit the appropriate zoning and the business. LeMair: Asked if a spray booth is a concern. Moore: Replied that it is taken into consideration for 1-1 permits. LeMair: Asked if there are spray booths in the existing cabinet shop or muffler shop in that district. Moore: Replied that she is not aware of any, but should check. LeMair: Stated if there is no outdoor storage and everything is self-contained, he doesn't see a problem with doing this. The location is on the busiest roadway and neighboring businesses are 24-hour operations. Stated he would like to find a way to make this work. Moore: Reiterated the four options in the agenda report. Haugen: Asked about conditions of outside storage and parking of vehicles. Zieska: Noted that no outside storage would mean that if someone brought their car for repair, it would have to be taken right inside. Moore: Stated that in the case of other uses in 1-1, cars waiting for repair are considered outside storage. Fleming: Asked if the City has denied any similar requests because of standing ordinance. Moore: Other requests have been for 1-1 district so no other requests have been received or denied for C-5. LeMair: States he understands that we don't want spot zoning, but wants to look at a comprehensive view rather than deny it just to follow the rules. Noted that this business is not choosing to relocate, but is forced to. Haugen: Wants to defer decision for two weeks and fully discuss all alternatives to consider all ramifications. Fleming: Asked if adjacent businesses were fully occupied. Moore: Affirmed that buildings directly adjacent are occupied. Haugen: Directed staff to conduct further research and determine if there is some way that this type of usage may fit.. MOTION BY LEMAIR, SECONDED BY ZIESKA TO DEFER THIS ITEM TO THE OCTOBER 17, 2005, CITY COUNCIL MEETING. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of Revisions to the Standardized Contract for Animal Control. Police Lt. Hofstad reported that the current contracted cost for animal control services was increasing and after consider- ing other alternatives, recommended continuance of the contract. Comments: Fleming: Asked what animals other than dogs and cats are managed. Hofstad: Wildlife. Petersen: Stated that to start up an animal control service would be difficult and costly, will support this for a year and ob- serve how well it works. Zieska: Concurs. Not excited about the rate increase, but is the best deal. LeMair: Noted we are just learning what a good deal we had with Mr. McAllister. Haugen: Concurs. MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-163 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A REVISED CONTRACT FOR ANIMAL CONTROL SERVICES. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. 7 ^; ----.. ~^. City Council Meeting Minutes October 3,2005 Draft RECESS Mayor Haugen called a recess at 9:15 p.m. RECONVENE The meeting reconvened at 9:20 p.m. Consider Approval of a Resolution Approving a Preliminary Plat to be known as the Enclave at Cleary Lake and a Resolution Approving a Wetland Replacement Plan. Planning Coordinator Moore described the preliminary plan for the Enclave at Cleary Lake, a Pulte Homes development. Comments: LeMair: Likes the plan and the sidewalks. Will support. Zieska: Likes the density. Supports it. Petersen: Noted the planning commission has done its job and there is no reason to hold back. . Fleming: Will support it. Asked if there is a concern about payment for paving as brought up in the public hearing of the planning commission. Albrecht: Stated the developer is paying for pavement of 180th Street from Mushtown to Revere Way. Concern seemed to be related to assessments on the road. Haugen: Agrees it is a well-planned development and invited the developer to make comments. Tina Goodroad, planning manager with Pulte Homes, thanked staff for helping them through the development process and noted this will be a good development for both new and existing residents. MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.164 APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS THE ENCLAVE AT CLEARY LAKE. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05.165 APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ENCLAVE AT CLEARY LAKE (CITY PROJECT NO. 05-158). VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. Consider Approval of a Resolution Approving Payment to Spring Lake Township for the Upgrade of Mushtown Road. Public Works Director Albrecht presented the proposal to pay proportional costs for pavement of a section of Mushtown Road. This project not included in budget, but Finance Director affirmed it could be done within the streets budget and is a good value. Comments: Fleming: Affirmed it is a prudent use of money and would pay for itself in ten years. Petersen: Will support. Zieska: Will support. LeMair: Will support. Haugen: Will support. MOTION BY PETERSEN, SECONDED BY ZIESKA TO APPROVE RESOLUTION 05.166 APPROVING PAYMENT TO SPRING LAKE TOWNSHIP FOR THE UPGRADE OF MUSHTOWN ROAD. VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried. OTHER Council member Zieska reminded viewers that October 10-15 is Fire Prevention Week and invited the public to an open house at the fire station on October 15. 8 City Council Meeting Minutes October 3, 2005 Draft Mayor Haugen offered a commendation to the people who organized and attended the Community Fall Fest and noted there was a record attendance of 4,000 people. He reminded viewers of the Autumn Gathering this weekend and a fund- raiser hosted by the Prior Lake Community Shelter of Support on October 9. Shepherd of the Lake PUD Status Fleming: Noted that the Council had a work session this summer about the Shepherd of the Lake PUD and queried the status of it. Moore: Replied that the EAW was published September 29 and that comment period will close October 29 which will be followed by the preliminary plat and PUD. It is anticipated to be taken before the planning commission in November. County Road 21/ Fish Point Road Haugen: Noted there are plans in place for lights at the intersection of CR 21 and Fish Point Road in 2007, and with in- creased traffic, residential and commercial development in Deerfield, he believes the Council must expedite traffic and ac- cess to CR 21. Requested staff to bring alternatives for traffic control, along with costs, on CR 21 for Fish Point and Adel- mann intersections that could be enacted before 2007 to a City Council meeting sometime in November. LeMair: Concurred with the need and agreed it is imperative to find a solution. Zieska: Agreed and believes left-turn lanes are needed. Petersen: Concurred with the need for lights and left-turn lanes. Fleming: Concurred. 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 9:50 p.m. . Frank Boyles, City Manager Charlotte Green, Recording Secretary 9 ,~, --.-. '~-'---I---~-~'~-'''~----''-'-''-'-'----'~'----'