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HomeMy WebLinkAboutAgenda & Minutes City Council Work Session - 5:30 - 7:30 p.m. REGULAR COUNCIL MEETING AGENDA _ Date: March 2, 1998 1. CALL TO ORDER................................................................................7 :30 p.m. 2. PLEDGE OF ALLEGIANCE: 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. February 17, 1998 B. February 20,1998 4. 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 Disposal of Used Fire Equipment. C. Consider Approval ofSt. Michael's Church: 1. Temporary 3.2 Non-Intoxicating Malt Liquor License 2. Waiver of Outdoor Concert Permit Fees and Clean-Up Depositfor Aprilfest D. Consider Approval of Resolution 98-XX Approving Amended Joint and Cooperative Agreement for Suburban Transit Authority (ST A) and Approving City Council Appointment to the STA. E. Consider Approval of Recommending Dissolution of the Credit River Water Management Organization. F. Consider Approval of Resolution 98-XX Approving Plans and Specifications for the Reconstruction of Wellhouse 3 and Authorizing Advertisement for Bids. G. Consider Approval of Resolution 98-XX Approving Disposal of City-Owned Property Lot 2, Block 3, Brooksville Center 1st Addition and Directing Staff to Obtain a Survey, Appraisal, and Subdivide the Property to Proceed with Public Sale. 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: A. There are no presentations. 7. PUBLIC HEARINGS: A. There are no public hearings. 16mJiagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. OLD BUSINESS: A. Consider Approval of Resolution 98-XX Approving the Preliminary Plans as Recommended by the Building Committee for the Library / Resource Center Including 1. Location, 2. Dance Studio, 3. Coffee Shop, and 4. Authorizing the Building Committee to Proceed with the Project. B. Consider Approval of Resolution 98-XX Approving Final Plat and Developers Contract for Red Oaks Second Addition. C. Consider Approval of Ordinance 98-XX Extending the Duration of the Moratorium on Downtown Development. D. Consider Approval of Resolution 98-XX Approving Final Plat and Developers Contract for Pheasant Meadows Second Addition. E. Consider Approval of Follow Up Actions from February 13 and 14 Workshop: 1) City Council Bylaw Revisions 2) Strategic Plan 3) Purchasing Policy 9. NEW BUSINESS: A. Consider Approval of City Participation in the U.S. Census Local Update of Census Addresses Program. B. Consider Approval of Resolution 98-XX Approving Preliminary Plat for Woodridge Estates Fourth Addition. C. Consider Approval of Resolution 98-XX Approving the Developers Agreement for Creekside Estates Storm Sewer (City Project #97-41). 10. OTHER BUSINESS 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 3298.DOC "(/ 7,_ Date: Tuesday, February 17, 1998 ilrlN SO~~ N E L TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Parks and Director Hokeness, Planning Coordinator Kansier, City Engineer Ilkka, Assistant City Engineer McDermott, Recording Secretary Oden. 2. A)PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. B) OATH OF OFFICE: . Dave Wuellner . City Manager Boyles administered the Oath of Office to Dave Wuellner. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. Special City Council Meeting February 2, 1998 MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE FEBRUARY 2, 1998 SPECIAL CITY COUNCIL MEETING. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck abstention Wuellner, the motion carried. B. Regular City Council Meeting February 2, 1998 MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE FEBRUARY 2, 1998 REGULAR CITY COUNCIL MEETING. Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, abstention Wuellner, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Fire Call Report for January, 1998 D. Consider Approval of Animal Control Report for January, 1998. E. Consider Approval of Building Permit Report for January, 1998. F. Consider Approval of 1998 Appointment to Minnesota Valley Transit Authority Board (MVTA). G. Consider Approval of Resolution 98-19 Approving Agreement for Beverage Services. H. Consider Approval of Resolution 98-20 Supporting the 1998 Youth Initiative Bill. f. Consider Approval of Receipt of Report for Sanitary Sewer Extension to Northgate Center. 1. Consider Approval of Resolution 98-21 Requesting a Variance from Municipal State Aid Road Standards for the Construction of Duluth Avenue. 16200rEogle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215 AN EQUAL OPPORTUNITY EMPLOYER K. Consider Approval of Resolution 98-22 Authorizing Howard R. Green to Perform Construction Observation and Staking Services for CSAH 21 and CSAH 42. . Mayor Mader asked that items 4J and 4K be removed from the Consent Agenda for further discussion. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CONSENT AGENDA ITEMS A-I Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. 5. ITEMS REMOVED FROM CONSENT AGENDA: A) 41) Consider Approval of Resolution 98-21 Requesting a Variance from Municipal State Aid Road Standards for the Construction of Duluth Avenue. . Mayor Mader asked City Engineer Ilkka about the super-elevation of the road meeting state standards. He asked whether the issue from the state standpoint was one of safety. . City Engineer Ilkka said the City was asking the state variance committee to vary from the supe~- elevation requirement for the curve off of TH 13 and Duluth because there is not enough room to achieve the necessary transition. What is proposed is the same that is in place now. As far as safety, the posted speed is 35 mph. MOTION BY MADER, SECOND BY SCHENCK TO APPROVE RESOLUTION 98-21 REQUESTING A VARIANCE FROM MUNICIPAL STATE AID ROAD STANDARDS FOR THE CONSTRUCTION OF DULUTH AVENUE. . Councilmember Wuellner asked whether MnDOT followed certain criteria in granting variances. . City Engineer Ilkka said he was not sure of the specific criteria. The City provides any information that MnDOT requests. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck and Wuellner, the motion carried. B) 4K) Consider Approval of Resolution 98-22 Authorizing Howard R. Green to Perform Construction Observation and Staking Services for CSAH 21 and CSAH 42 . Mayor Mader said the cost was listed not to exceed $29,300 based on an hourly rate. What is the hourly rate used? . City Engineer Ilkka said it was approximately $60 per hour on construction. . Craig Ebeling of Howard R. Green company said the hourly rate for construction inspection is $60 per hour or less depending on the involvement of inspectors. It would not be higher than that. . Mayor Mader asked does the City have a statement indicating the actual hours and hourly rate? . Craig Ebeling said the City receives a detailed summary of who was on the project, and the work done each month. . Mayor Mader asked whether it was a contract. 21798.DOC 2 "'t: . City Engineer Ilkka said the City has a standing contract with Howard R. Green, formerly MSA. MOTION BY MADER SECOND BY SCHENCK TO APPROVE RESOLUTION 98-22 AUTHORIZING HOWARD R. GREEN TO PERFORM CONSTRUCTION OBSERV AnON AND STAKING SERVICES FOR CSAH 21 AND CSAH 42. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. 6. PRESENTATIONS: A. There were no presentations. 7. PUBLIC HEARINGS: A. There were no public hearings. 8. OLD BUSINESS: A. Consider Approval of Resolution 98-22 Designating Rutgers/CSAH 42 As Full Access Intersection. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-22 AS PROPOSED DESIGNATING RUTGERS/CSAH 42 AS A FULL ACCESS INTERSECTION . City Manager Boyles reviewed the staff report. There is a development proposal involving a large commercial improvement at the Northwest corner of the TH 13/ CSAH 42 intersection. Scott County requested that the Cities of Savage and Prior Lake approve a full access intersection along CSAH 42 West of TH 13. There have also been issues regarding closing Timothy at Commerce. Finally, Council has discussed the ultimate development of the northeast and southeast portion of the area and how that affects access. The City Council previously adopted a resolution which did not provide full access on Timothy and CSAH 42. On February 2nd, a public information meeting was held as part of the Regular City Council meeting. The Council directed staff to prepare a report and resolution. The resolution is in five parts. Staffs intent was to have one document which would address all of the issues associated with the access question in this area. Council may amend the resolution. . Councilmember Schenck asked City Engineer Ilkka whether it would be more financially feasible to close off the segment between Timothy and Commerce, rather than create a cul-de-sac. A cul-de-sac would not do anything except for one homeowner. . City Engineer Ilkka said that would be possible. . Mayor Mader said he did not think it was firmed up that it would be a cul-de-sac closure. He asked whether it would be more expensive or difficult to plow ifit was not a cul-de-sac. . City Engineer Ilkka said no. . Mayor Mader said when the signal light was proposed at Timothy, was the developer proposing access into the development at Rutgers? . City Engineer Ilkka said there was discussion of that. County Engineer, Brad Larson, indicates the westerly property was under different ownership. 21798.DOC 3 . Mayor Mader said on the second page, the report discusses topography at Harbor Place not being conducive to a signalized intersection, but the land to the east is flat. . City Engineer Ilkka said it may be a typo and should have been west. . Mayor Mader asked about the statement that if the City does not concur with Rutgers, Scott County will pursue dispute resolution. He asked if that was the staffs or the commissioners opinion. . City Engineer Ilkka said that would be the County staff s recommendation to the County Board. . Mayor Mader, said if there were no light, Rutgers, Harbor, and Timothy would all be restricted as right-in-right-out. Will they be ifthere is a signal light? . City Engineer Ilkka said yes in either case except for the lighted intersection itself. MOTION BY KEDROWSKI SECOND BY PETERSEN TO AMEND THE RESOLUTION TO SPLIT THE SECOND THEREFORE BE IT FURTHER RESOLVED PARAGRAPH INTO TWO. THE FIRST WOULD READ: CLOSE TIMOTHY AT COMMERCE WITHIN 120 DAYS. THE SECOND PART WOULD BE ADDRESSED AS THE NEXT ISSUE. . Councilmember Kedrowski said that identifies Timothy as a concern of the Council. . Councilmember Schenck said in discussion with Timothy Avenue residents, the consensus is that the closure of Timothy should be concurrent with the signal of Rutgers. He would offer that as a friendly amendment, to close Timothy at Commerce concurrent with installation of signal at Rutgers and 42. . Mayor Mader asked is our motion dealing with just Timothy or Boudin and Commerce? He said if they separate them, the second part does not stand alone. . Councilmember Kedrowski said Council could vote on them separately. . Councilmember Wuellner asked if the TH 13 access to Boudin and Commerce would be closed for construction of the frontage road? If Timothy was closed prematurely and Boudin / Commerce was closed to build a frontage road it would create a problem with emergency vehicle access. . City Engineer Ilkka said it was not a problem because Boudin/Commerce would not need to be closed. . Mayor Mader called the question on the motion to split the second now therefore in two to read: be it resolved to close Timothy at Commerce concurrent with installation of the signal at Rutgers. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck and Wuellner, the motion to amend carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO AMEND THE RESOLUTION AT THE SECOND BE IT FURTHER RESOLVED TO READ "THAT IMPROVEMENTS TO THE TH 13/COMMERCE AVENUE AND BOUDIN STREET AREA TO A COMMON SIGNALIZED FULL ACCESS INTERSECTION BE PROGRAMMED IN THE CAPITAL IMPROVEMENT PROGRAM FOR COMPLETION AS SOON AS FEASIBLE". 21798.DOC 4 . Mayor Mader said he was uncomfortable that Council would be acting on a resolution tonight without hearing anything from residents on that end of Commerce and Boudin. He said maybe-they should not put that into the CIP for a signalized intersection. . Councilmember Kedrowski said staff will make a recommendation to put it into the CIP. He said this does not put it into the CIP, it gives staff direction to prepare the item for consideration. . Councilmember Schenck said the alternative for not going in this direction is far less desirable. The state would restrict a left-out at Boudin. People would have to go down to 150th to go north on TH 13. . Mayor Mader said the wording sounds like it puts it in the CIP. . Councilmember Kedrowski said nothing goes into the CIP unless it is voted on and approved by the City Council. If staff is just told to investigate it, we will be discussing this forever. . Mayor Mader said he would feel better if wording is "with intent" as friendly amendment. . Councilmember Kedrowski accepted. . Councilmember Schenck said staff should explore a cooperative funding agreement with state. . Mayor Mader called the question on the motion to have staff prepare the CommercelBoudin/TH 13 improvements with the intent to include it in the CIP . Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO LOOK INTO AND PREPARE FOR THE CIP PROCESS THE CONCEPT OF A FRONTAGE ROAD CONNECTING COMMERCE WITH RUTGERS. . Councilmember Wuellner suggested that staff should be directed to investigate a Harbors to Rutgers frontage road as well. . Mayor Mader said at some point there will be changes at Boudin and Commerce. When discussing this type of frontage road there is a lot of impact. He said he was concerned about making a position as strong as "intent". . Councilmember Kedrowski said by preparing the CIP process, staff understands what is necessary for that kind of proposal. This gives clear direction to staff. . Mayor Mader said he has concern with that. There is a lot of time left. He said there was concern that people living in those homes would decide to leave prematurely . . Councilmember Kedrowski, said without numbers in front of us, it may prove cost prohibitive. This would get the numbers in front of us. . Mayor Mader said it can be done without saying it is the intent to build a road. . City Attorney Pace suggested a friendly amendment be added that staff be directed to prepare a report for Council consideration to include Rutgers and Commerce Avenue frontage road and report the findings to the City Council. 21798.DOC 5 . Councilmember Wuellner said he would like to add an amendment that staff investigate possibility of a frontage road to Rutgers from Harbor. . Mayor Mader called the question on the motion to have the staff prepare a report for Council consideration to include Rutgers and Commerce A venue frontage road and report findings to the City Council. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY WUELLNER SECOND BY SCHENCK TO ADD A BE IT FURTHER RESOLVED THAT THE STAFF BE DIRECTED TO INVESTIGATE A FRONTAGE ROAD FROM HARBOR TO RUTGERS AND REPORT THE FINDINGS TO THE CITY COUNCIL. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. . Councilmember Wuellner asked about the restrictions on Timothy. To be strictly a left-in from CSAH 42, it would be unrestricted for a 2-3 year period and then the City could come up with a long term agreement with Scott County. . Councilmember Kedrowski asked what is 2-3 years difference? . Councilmember Wuellner said maybe in that time the City can provide a solution that is acceptable. . Councilmember Kedrowski said the concern is the cost factor, if the County doesn't do it now, the City will have to pay the bill later. . Councilmember Wuellner said the City could go from an unrestricted intersection now to Intersection "C" in the staff report. . Councilmember Kedrowski said then the City would have to pay the bill. . Councilmember Wuellner said it may be worth it. . Councilmember Kedrowski asked if the County would be willing to work with them on that? . County Engineer Brad Larson said the County would pay for the cost to get to Concept 'B' in the handout. . Councilmember Schenck said what if the City proposed A to B instead of C? . County Engineer Larson said that is the recommendation. . Councilmember Kedrowski asked if the County would support a proposal if it was left at A and went to C after a period. . County Engineer Larson said if the proposal showed what the timelines would be. . Councilmember Kedrowski said he wanted to get an idea of what the County would support. . County Engineer Larson said the County would support it. However, he said it was not what Savage and the Developer want. 21798.DOC 6 --------y - . City Engineer Ilkka said if there is no left-in now, the developer could not get it later. . County Engineer Larson said they could use the Rutgers left-in. He said they could review it later to see if they need to go to a different proposal. . Mayor Mader said when looking at sketches of three intersections, why would the developer have to have a left-in to the development for traffic coming from west CSAH 42 if there is a signalized intersection at Rutgers? . County Engineer Larson said it was at the request of the City of Savage and the developer. They wanted a left-in in line with the development frontage. He said they are looking at intersections that could be constructed and safely accommodate motorists. . Councilmember Petersen said a U-turn at TH 13 would give a west-out from Timothy. A sign on Timothy could note that west bound traffic can go to TH 13 and make U-turn. . Mayor Mader asked for clarification. . Councilmember Petersen said Intersection A gives a west-bound out of Timothy, giving all fou! directions. . Mayor Mader said motorists could make a left turn from eastbound CSAH 42 into the development. . Councilmember Petersen said they can't turn directly west, that is the only direction they can't go under Intersection C. . Councilmember Kedrowski asked about the cost to leave intersection A and go to intersection C. . City Engineer Ilkka said the County would want the City of Prior Lake to participate in the cost incrementally, which is estimated at $15,000-$30,000. . Councilmember Kedrowski said otherwise they will pay for it? . City Engineer Ilkka said it would be at the developers expense. . Councilmember Kedrowski said so they pay now, we pay later. . Mayor Mader said the County was prepared to go to intersection B. He asked Brad Larson if he felt intersection B would be the eventual design at some point? . County Engineer Larson said at some point the traffic will require that the intersection be closed for safety reasons. The timing is an estimate. If it is intersection A, it will likely be in 2-10 years. . Mayor Mader said so with intersection A, it would be 5-6 years before going to intersection B. . City Engineer Ilkka concurred. . County Engineer Larson said intersection B would be at the County expense. . Councilmember Wuellner said it should have a right in and left out. 21798 DOC 7 · Councilmember Kedrowski said how does that have to work from a County perspective? · County Engineer Larson said if improvements are made in one area, the County would go ahead with other improvements at that time. They did not want to come back again. The City does not have to indicate now what to go with. · Councilmember Schenck said the City of Savage, the County, and the Developer needed to understand the predicament of the City of Prior Lake. Prior Lake was being asked to restrict access to businesses in Prior Lake as the result of a development in Savage. He visited Rainbow Foods in Chanhassen, Eagan, and Bumsville. None have right in right out directly into the parking lot. As far as forcing the City of Prior Lake to pay for restrictions to businesses, he said he was appalled at the suggestion. The City of Prior Lake should not have accesses closed and have to pay for it. He said he will not support any option including City of Prior Lake funds to restrict accesses to businesses. · Mayor Mader said so you are not in favor of intersection C? · Councilmember Schenck said he would prefer to leave it as is and go to intersection C after several years. He said don't do it right now. · Mayor Mader said it is not a win-win situation. The ones who lose are the Prior Lake residents living in the northeast quadrant. Residents who built or bought will be stuck with the decision. The time constraint should not be a driving force, it should be safety. With the full signal intersection at Rutgers, he is concerned that Rutgers will be used as a cut through to CSAH 42. · Councilmember Kedrowski said his intent is to discuss this with the County. Are we restricting it prematurely? · Councilmember Schenck said he would suggest leaving as is. MOTION BY SCHENCK SECOND BY WUELLNER TO AMEND THE RESOLUTION TO ADD THAT BE IT FURTHER RESOLVED THAT THE CITY OF PRIOR LAKE DESIRES TO LEAVE THE EXISTING TIMOTHY AVENUE AND CSAH 42 INTERSECTION AS IT IS, SUBJECT TO CONTINUING DISCUSSIONS WITH THE COUNTY. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY SCHENCK SECOND BY WUELLNER THAT IN THE BE IT FURTHER RESOLVED THE CURRENT DESIGNATION OF TIMOTHY AND CSAH 42 BE CHANGED TO COMMERCE AND 42 AND TO DIRECT MAP AND STREET SIGN CHANGES WHERE APPROPRIATE. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-23 AS AMENDED. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. 9. NEW BUSINESS: A. Consider Approval of Amendment to the Developers Contract for Maple Hill Second Addition. 21798.DOC 8 -~- . City Manager Boyles introduced the item. Items 9A and B are both requests for amendments to the developers contract. They are requesting reimbursement by the City for ponds constructed. These developers believe there is a basis for the amendments because they feel the fees should have been reimbursed by the City. . Councilmember Schenck said if discovery of desire for reimbursement had been revealed at an earlier time would it have been an option? . City Engineer Ilkka said any time before signing the developer contract it can change. . Councilmember Schenck asked whether there was a time line included in the development contract? . City Attorney Pace said there are two options. The developer can submit estimates for review by the City Engineer. Or the developer can submit actual bids. If someone chooses to go with the estimate they are bearing the risk that bids may come in lower or higher. . Mayor Mader said in terms of the estimated number, it could be an estimate, bid, or actuals. Once the development agreement is established that is what goes. . Dave Sellergren representing both developers addressed the Council. A question of whether the language of the contract reflects the City policy of reimbursing the cost of ponding, and landscaping around NURP ponds exists. The language in the contract does not refer to the bid or estimate forms. Such amounts get lost in excavation numbers and do not fit into a line item. It is not required to show up in exhibits. . Planning Coordinator Kansier said the form is what the developer gives the City. The City does not have a standard form with line items. . Mr. Sellergren indicated that the forms are irrelevant. The developers are asking to get reimbursed according to City policy and fix the two retroactively. . City Attorney Pace said the costs to which the developer is referring are set forth in Exhibit "E". The numbers are supplied by the developer. The costs are approved by the engineer. If the developer fails to carry forward a cost or leave out a cost, it is the developers responsibility. She said they talked with the Engineer and Ms. Kansier, and reviewed the documents presented to the City by the developer. . Mr. Sellergren said the ponds were there, and are part of the storm water management system. . City Attorney Pace noted the ponds were built on a preliminary plat. This development agreement is done at the final plat. . Mr. Sellergren said if the City's policy is to reimburse for pond costs, then the City should reimburse the developer. He said there is a problem in the way it is working. The City should amend paragraph 33 and put new line items in to call out the item. He said he understands a policy that fixes it going forward has been suggested. . Councilmember Kedrowski asked City Attorney Pace if it is the City's policy, has the City ever overpaid and had to go back and get the money from the developer? 21798.DOC 9 . City Attorney Pace said that was a separate issue but no. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DENY THE DEVELOPERS REQUEST FOR AN AMENDMENT ON THE BASIS THAT THE PRESENT DEVELOPMENT CONTRACT IS CLEAR AS TO ITS INTENT. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of Amendment to the Developers Contract for Knob Hill Second Addition. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DENY DEVELOPERS REQUEST FOR AN AMENDMENT ON BASIS THAT PRESENT DEVELOPMENT CONTRACT IS CLEAR AS TO ITS INTENT. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried. C. Consider Approval of Resolution 98-XX Approving the Disposal of City Owned Property Lot 2, Block 3, Brooksview Center 1st Addition and Directing Staff to Obtain a SurveYJ Appraisal and Subdivide the Property to Proceed with Public Sale. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION 98-XX APPROVING THE DISPOSAL OF CITY OWNED PROPERTY LOT 2, BLOCK 3, BROOKSVIEW CENTER 1ST ADDITION AND DIRECTING STAFF TO OBTAIN A SURVEY, APPRAISAL, AND SUBDIVIDE THE PROPERTY TO PROCEED WITH PUBLIC SALE. . Councilmember Kedrowski said there was no public use for the property. The second motion would be that the proceeds go into a fund established as a redevelopment district revolving fund. . Mayor Mader said the problem with the resolution was that the whereas' contain the same thing as the findings. The third whereas should be a finding and the first three findings should be whereas'. He said there is a document in there regarding the disposal of property. It relates to bids. When bids are received the highest bidder is awarded contract. The resolution should add a specification that the Council is not obligated to accept highest bid. . City Attorney Pace said that was in the bid documents. . Councilmember Kedrowski said if we continue this item to revise the resolution, it should then be on the Consent Agenda. He withdrew the motion, Councilmember Wuellner withdrew the second. MOTION BY KEDROWSKI SECOND BY WUELLNER TO TABLE THE ITEM TO THE MARCH 2 CONSENT AGENDA. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY WUELLNER TO DIRECT STAFF TO INVESTIGATE THE POSSffiILITY OF CREATING REDEVELOPMENT FUNDS FROM LAND SALE PROCEEDS. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. 21798.DOC 10 _.--.~~ .....,--- ... i" 10. OTHER BUSINESS: . Councilmember Schenck asked about the proposed reorganization of City Council meetings such as changing start times. . City Manager Boyles said the Bylaws needed to be addressed with proposed revisions. The City Council will be considering those revisions at an upcoming City Council meeting. 11. ANNOUNCEMENTS/CORRESPONDENCE . City Manager Boyles reviewed a letter to Paul Kachelmyer of MnDOT regarding the intersection of Franklin Trail and TH 13 and long term access and development plans. There are two potential solutions to modify the intersection to provide for a raised median. . Councilmember Schenck said they should consider the recent accident at TH13 and 150th. . City Manager Boyles said what would be needed on 150th and TH13 would cost $300,000. They would need to add 22 feet to the roadway width, and construct a raised median. . Councilmember Schenck said that is not the only place that needs to be addressed. . Councilmember Mader said they had a plan from MnDOT 1 1/2 years ago. It was his perception that it had been worked about by County and MnDOT and Prior Lake engineering staff. He said he did not know that would delay the process by 2 years. He said they need to get highway planning back on track. . Councilmember Schenck said there needs to be a joint resolution with the City of Savage to accelerate improvement to the intersection. . City Manager Boyles said things were continuing to proceed with the zoning ordinance. Staff elected to slow it down to make sure all items were being properly considered. He referred to the memorandum from Planning Director Rye regarding public hearings at the City Council and Planning Commission level. . Councilmember Wuellner asked about the effects of the ZOnIng ordinance timeline on the comprehensive plan and whether it was in compliance. . Planning Coordinator Kansier said the deadline has come and gone, but good progress was being made. . City Manager Boyles mentioned a League of Minnesota Cities conference on February 26th from 8:30-4:00 p.m.. . City Manager Boyles gave notice to the City Council to expect an emergency meeting for Thursday, Friday, or the following Monday morning to consider Bond refinancing. 12. ADJOURNMENT MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADJOURN THE MEETING. Upon a vote, ayes by Kedrowski, Mader, Petersen, Schenck, and Wuellner, the motion carried. 21798.DOC 11 21798.DOC 3$JlJJivcWiV Recording Secretary 12 MINUTES OF THE EMERGENCY MEETING OF THE PRIOR LAKE CITY COUNCIL FRIDAY, FEBRUARY 20, 1998 CALL TO ORDER: Acting Mayor Kedrowski called the meeting to order at 8: 15 a.m.. Present were: Acting Mayor Kedrowksi, Councilmembers Petersen and Wuellner, Finance Director Teschner, Assistant City Manager Woodson, Steve Mattson of Juran and Moody, Recording Secretary Oden. . Steve Mattson of Juran and Moody reviewed the purpose of the meeting, refinancing of bond issues. The two bond issues were 1995 sewer and water bonds and the 1997 Park Referendum bonds. Refinancing the park bonds will save approximately $500,000 with the interest rate going from 5.6% to 4.6% and approximately $90,000 on sewer and water bonds with the rate declining from 5.3% to 4.6%. The current bond rating is A2 and may be Al next year. MOTION BY WUELLNER SECOND BY PETERSEN TO APPROVE RESOLUTION 98- 24 PROVIDING FOR THE ISSUANCE OF $1,885,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1998. Upon a vote, ayes by Kedrowski, Petersen, and Wuellner, the motion carried. MOTION BY WUELLNER SECOND BY PETERSEN TO APPROVE RESOLUTION 98- 25 PROVIDING FOR THE ISSUANCE OF $7,165,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1998. Upon a vote, ayes by Kedrowski, Petersen, and Wuellner, the motion carried. MOTION BY WUELLNER SECOND BY PETERSEN TO ADJOURN THE MEETING. Upon a vote, ayes by Ke rowski, Petersen, and Wuellner, the motion carried. ~~:J . Recording Secretary 16200 E~l\M:rNtJt.EIMQO.oo.e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER