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HomeMy WebLinkAboutAgenda & Minutes City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: September 8, 1998 1. CALL TO ORDER................................................................................ 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. August 17, 1998 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 Temporary 3.2 Liquor License for St. Michael's Church for Pork and Suds. C. Consider Approval of August Building Permit Report. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. Minnesota Pollution Control Agency Presentation on Citizen Lake Monitoring Program and Service Award 8. PUBLIC HEARINGS: 9. OLD BUSINESS: A. Consider Approval of Ordinance 98-XX Amending and Extending the Moratorium on Downtown Development. B. Consider Approval of Resolution 98- XX Awarding Bids for the Construction of the Library / Resource Center Excavating, Demolition, and Moving Utilities and Resolution 98-XX Awarding Bids for the Construction of the Library / Resource Center Building Construction. 16~Qogagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 Ai': EQUAL OPPORTUNITY EMPLOYER 10. NEW BUSINESS: A. Consider Approval of Resolution 98-XX Certifying Proposed 1999 City of Prior Lake Tax Levy to Scott County Auditor. B. Consider Approval of Resolution 98-XX Approving an Administrative Lot Combination for Bryce Huemoeller on Property Located at 2880 Center Road. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Executive Session to Discuss Pending Litigation. 12. ADJOURNMENT 9898.DOC . ." ...... - REGULAR COUNCIL MEETING MINUTES Date: August 17 , 1998 1. CALL 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 Brokl, Assistant City Manager Woodson, Planning Director Rye, Parks and Recreation Director Hokeness, Assistant City Engineer McDermott, and Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. 3. APPROVAL OF AGENDA: Kedrowski: Would like to add meeting minutes under Other Business. Schenck: Change in the order of Old Business to: lOB, 10C, lOA. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE AUGUST 17 AGENDA AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. August 3, 1998 Mader: Page 9 under his comments in the 8th and 9th sentence. Instead of "Majority did not want it," it should read, "Majority of those who spoke at the hearing did not want it". MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE AUGUST 3, 1998 CITY COUNCIL MEETING MINUTES AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 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 16~Q;Q~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42t5 AN EQUAL OPPORTUNITY EMPLOYER A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report for June. C. Consider Approval of July Building Permit Report. D. Consider Approval of July Animal Warden Report E. Consider Approval of July Fire Call Report F. Consider Approval of Agreement for Joint Assessment Between the City of Prior Lake and Scott County. G. Consider Approval of 2nd Quarter Budget Report. H. Consider Approval of a Temporary 3.2 Liquor License for the Church of St. Michael's Pork and Suds Dinner. I. Consider Approval of a Temporary 3.2 Liquor License for Stand By Me. Petersen: Would like to remove Item 51) Consider Approval of a Temporary 3.2 Liquor License for Stand By Me. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEMS A-H. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motiori carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: A. 51) Consider Approval of a Temporary 3.2 Liquor License for Stand By Me. There was some discussion regarding temporary liquor licenses and issuance of two to the same location within a 30 day period. MOTION BY KEDROWSKI SECOND BY SCHENCK TO RECONSIDER ITEM 5H, CONSIDER APPROVAL OF A TEMPORARY 3.2 LIQUOR LICENSE FOR THE CHURCH OF ST. MICHAEL'S PORK AND SUDS DINNER. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Boyles: action on items H and I should be deferred conditioned upon research by the City Attorney. MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE ITEMS 5H AND 51 TO THE SEPTEMBER 8 MEETING. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 7. PRESENTATIONS: A. None. 8. PUBLIC HEARINGS: 81798.DOC 2 't.. _un . ... A. Minnesota Investment Fund Grant for NBC Products EDA Consultant Roger Guenette: The grant proposed for approval is administered by the Minnesota Department of Trade and Economic Development (MNTED). Cities may apply to the State under the Minnesota Investment Fund based on the project and the jobs created. If the Council approves submission, it will be for $75,000. The City would receive the grant funds, and then make a loan to NBC products which is repaid to the City over ten years. Questions from Councilmembers: Mader: Would there be any condition under which the City would be required to repay the state? Guenette: If the company fails, the state can require the City to repay the funds. The loan is made with a loan agreement and personal and corporate collateral. The bank commitment is $600,000. Mader: If the business fails, would the City be the last one to collect? Guenette: Yes. It is a subordinated loan, subordinate to first mortgage lenders. Small Business Association rejected NBC because of its dependence upon Honeywell as a major purchaser. Honeywell has increased their order. The owner is aware of the need to further expand and diversify its client base. Mader: How much equity is in the project? Guenette: Over $50,000 in equity. The public hearing was closed at 8:05 p.m. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98- 95 APPROVING THE MINNESOTA INVESTMENT FUND GRANT FOR NBC PRODUCTS. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 9. OLD BUSINESS: A. Consider Approval of Request for Extension of Deadline for Removal of Trash Enclosure for Burdick Properties, Inc. Boyles: Business owners have indicated hardships which would be incurred by relocating the trash enclosure. Owners are contacting neighbors to see if other alternatives are acceptable in lieu of moving the container. Staff suggests adding another month, extending it to October 1, 1998. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE REQUEST FOR EXTENSION OF DEADLINE FOR REMOVAL OF TRASH ENCLOSURE FOR BURDICK PROPERTIES, INC. TO OCTOBER 1,1998. 81798.DOC 3 Carol Mix of 14171 Timothy Avenue NE said Burdick came to their home August 1st to discuss the issue. Burdick properties has not maintained their side of the berm as they should. Boyles: The rationale for the extension is that they are waiting to hear from all of the people in the neighborhood. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 10. NEW BUSINESS: A. (B) Consider Approval of Resolution 98-97 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Roll for Projects 98-14 Pleasant Street, Colorado Street, West 'Avenue and Birch Avenue Improvements, 98-15 Pleasant Street Overlay and 98-16 Duluth Avenue Improvements; and Resolution 98- 98 Establishing the Date of the Assessment Hearing for Projects 98-14 Pleasant Street, Colorado Street, West Avenue and Birch Avenue Improvements, 98-15 Pleasant Street Overlay and 98-16 Duluth Avenue Improvements. Boyles: The bid has been awarded. Construction is underway. This action directs staff to prepare a special assessment roll. The second resolution establishes a special hearing date of September 21. Mader: How do these numbers compare with the earlier numbers as costs to be assessed? McDermott: The feasibility report estimated the street assessment at $72 per front foot for Duluth and $51.30 for Pleasant. The proposed assessment is $55.00 per foot for both projects. The sewer and water are proposed to be assessed per unit and are slightly lower than the feasibility rates for an average lot size MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 97 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PROJECTS 98-14 PLEASANT STREET, COLORADO STREET, WEST AVENUE AND BIRCH AVENUE IMPROVEMENTS, 98- 15 PLEASANT STREET OVERLAY AND 98-16 DULUTH AVENUE IMPROVEMENTS. Brad Reinbolt speaking for his parents at 16430 Duluth Avenue: Looked at latest numbers. Troubling amount to assess. Greater benefit is to the City. Kelly Reinbolt; concurred. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 98 ESTABLISHING A DATE FOR THE ASSESSMENT HEARING 81798.DOC 4 . w.:" Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of Resolution 98-99 and Resolution 98-100 Authorizing Eminent Domain for Park Property Acquisition Purposes. Mader: Presented a historical summary. Council has met with the Parks Advisory Committee to discuss the options. Boyles: The City has spoken with the property owners. If the families wish to negotiate, the City will. Condemnation is a procedural first step. The process takes approximately 180 days. The City has an obligation to move forward with these projects. The referendum was voted in February 25, 1997. Dave Menden of 904 S Clay in Shakopee: Mother owns 40 acres said he was not notified. There is no benefit to the family members to see the land going to the City. The article in the paper stated all options had been exhausted. He disagreed. There is a lot of residential land developed now which should have been considered for park land before. Fritz Menden of 2544 Lakeview Drive: As family member and part owner of property, he is opposed to the condemnation. Kedrowski: Has the City spoken with the Mendens? Hokeness: He has spoken to Robert and Roxanne Menden who live on the farm. Then Fritz Menden told Hokeness not to contact them. Mader: How long has the Park Committee been searching for property? Hokeness: Since February 1997. The Parks Advisory Committee has spoken with many homeowners. Mader: Has staff and committee reached conclusion that to meet obligations of the referendum, the City has no alternative but to pursue condemnation? Hokeness: Yes. Jack Kop, son of John and Meda Kop: Why after 60 years in the community did no one notify the Kops and they have to read about it in the paper? Hokeness: Would have liked to have had discussions with the Kops. Was told to contact only their attorney. Jesse Kop Jewel, John and Meda's daughter: Knew about process. It was between the attorneys but it did not filter back to the family. Thought they were working with City. 81798.DOC 5 Trish Stark 17483 Sunset Trail: Believe that if all the people who voted on the park referendum knew that someone was going to lose their farm they would not have voted for the referendum. Tom Menden of 919 S Market Street: Moved to the farm when he was 5 years old. Don't like the way the City is going about this. Menden family not notified of meetings. Were not contacted. Land is now under cultivation. Robert Menden 15811 Howard Lake Road: Disappointed in City. Met with Parks and Recreation Director. They are now farming it. It is not right to condemn. There is not enough time to decide. Pat Heaney of 4642 Pleasant Street: Member, Parks Advisory Committee: Did not care for condemnation. Were trying to start the condemnation process to get the debate going. This is now the process starting. The discussions went back to 1989 for land search. With regard to the Kop farm, to be painted as the bad guys coming in sneaking something by is just not accurate. The park they are trying to develop needs an access. Its current access is not working. John Kop 3505 Spruce Trail, Prior Lake: John and Meda Kop are his grandparents. They lived on the farm for 60 years. Reading something like that in the paper is disheartening. Chris Deanovic of 14242 Louisiana Avenue in Savage: Concurs that if referendum was passed with wording of eminent domain, the vote would not have passed. We need park land, but is it worth alienating the residents? City should continue the process of looking for additional property. Comments from Councilmembers: Mader: Councilmembers realize condemnation should be used as a last resort. Staff and Parks Advisory Committee has told the Council there is no alternative. Concerned about the perspective that is developing regarding the Kop property. As he understands, that discussion goes back many years. It was identified in the referendum as being included. At the time of the referendum the budgetary figure was in line with the appraisal provided by the Kop family. The price today is three times that. That puts the Council between a rock and a hard spot. Kop's attorney has presented an offer. The City was told by the Kops that it could only negotiate through that attorney. That was the last word from the attorney. There have been written offers that included the Kops staying on the farm. The Menden farm was not specifically identified in the referendum for acquisition. Staff and Parks Advisory Committee have said that this land is the only viable option. There is only a certain amount oftime to use the referendum money. Kedrowski: Supports the process for eminent domain for both properties. Resolution leaves it open to discussion. A life estate has always been in the plan. Council was told that the attorney represented the Kops and was authorized to negotiate on their behalf. Disappointed staff and Mendens have not reached a conclusion. Wants to meet halfway. 81798.DOC 6 -~- Petersen: The City will pay the value ofthe land. It will be a fair price. He will support the process. . Wuellner: Always had impression that Kop farm would be part of Lakefront Park. What is the short term plan for the farm? Hokeness: Master plan was worked on in 1996 for Lakefront Park. Comprehensive plan since 1972. Always considered it to be the missing chunk for Lakefront Park. No intention of tearing it down. Similar to things Eagan and Apple Valley have done. One concept is the roadway off Main Street. That idea was unanimously supported by those on Ridgemont. Access is a critical issue. The Farm itself is in the Master Plan; it always identified saving the farmhouse as a historical site. Wuellner: What makes the Menden property so attractive? Hokeness: Edina Realty helped in this process. Looking for 80-100 acres free of trees and rocks. Ideally wanted something without large residential area to be disrupted. Originally talked about Hennepin Park property. Could build it around the pond. Wuellner: Has the property been surveyed and subdivided and registered with the County? Hokeness: Yes. Wuellner: In support of the process, if the parties can come up with an equitable solution. Schenck: Assured everyone that this is not the conclusion. If the City Council votes to support the process, it is not the end. It is a method to begin negotiations. It is not surprising that everyone in the room has the same desire for the Kop property. It should be preserved forever. Support Kops and history. Legacy should not be forgotten. Have known them for ten years. To lose it to development would be bad. Menden property: there was a lot of research. Each site was visited. Those property owners that failed to respond or allow the communication to continue were noted. Menden property ideal for athletic complex. Trust that this is a process not a conclusion. Mader: When the process was discussed it was questioned whether there were any alternatives. There are no alternatives. To leave it where it is and do nothing is to ignore Council responsibility to voters. There are obligations on property acquisition as well as cost factors. Will support resolution. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-99 AUTHORIZING CONDEMNATION OF PROPERTY FOR PARK PURPOSES. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 100 AUTHORIZING CONDEMNATION OF PROPERTY FOR PARK PURPOSES. 81798.DOC 7 Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. (lOA) Consider Approval of Appointments to Serve on the Scott County Citizens Advisory Committee, Shakopee Basin, and Credit River Watershed Advisory Committee. Boyles: Introduced the item and recommended that the Council appoint and advertise for individuals with technical credentials. MOTION BY KEDROWSKI SECOND BY PETERSEN TO MAKE APPOINTMENTS AS OUTLINED BY APPOINTING A COUNCILMEMBER THE WATER RESOURCE COORDINATOR AND ADVERTISING FOR THE TWO REMAINING SPOTS. Upon a vote, ayes by Mader, Kediowski, 'Petersen, Schenck, and Wuellner, the motion carried. 11. OTHER BUSINESS: A. Markely Lake Boyles: On August 3rd, he advised the County that Prior Lake had completed its responsibilities related to pumping the lake. County and township agreed upon using a larger pump and they will pay costs associated with the pumping. B. Pixie Point Circle Mader: Asked about progress on landslide on Pixie Point Circle. MOTION BY MADER SECOND BY PETERSEN FOR STAFF TO INVESTIGATE THE LANDSLIDE ON PIXIE POINT. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Executive Session to Discuss Pending Litigation Council adjourned to Executive Session at 9:56 p.m. to discuss pending litigation. The Executive Session was adjourned at 10:23 p.m. and the Regular Council meeting resumed. 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT MOTION BY KEDROWSKI SECOND BY WUELLNER TO ADJOURN THE MEETING. 81798.DOC 8 -- .~~ Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Y~J1.. GbJLJ Recording Secretary 81798.DOC 9