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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA Date: June 2, 1997 1. CALL TO ORDER ............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval ofInvoices to be Paid. B. Consider Approval of Animal Warden Report for April. C. Consider Approval of Contract for Employee Assistance Program Services to NES. D. Consider Approval of State of Minnesota Department of Natural Resources Local Grants Program Project Agreement for Ponds Athletic Complex Expansion. E. Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth (P.L.A.Y.) F. Consider Approval of Recycling Grant Agreement with Scott County and Schedule 1997 Fall Clean-Up Day. G. Consider Approval of Building Report for April 5. PRESENTATIONS: A. Mayor Lee Andren, Presentation of Plaque to Retiring Police Chief Dick Powell B. Abdo, Abdo, and Eick 1996 Audit Report and Management Letter C. Don Rye - Issues for City Council Discussion in the Draft Zoning Ordinance. 6. PUBLIC HEARINGS: A. Public Hearing to Consider Appproval of Vacation of Holly Circle 16200 E,,~eek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .A.N EQUAL OPPORTL:NITY EMPLOYER 7. OLD BUSINESS: A. Consider Approval of Request by Maple Hills HOA for Sewer and Water Proj ect. B. Consider Approval of Resolutions 97-XX and 97-XX Approving Plans and Specifications for CSAH 21 and CSAH 42 Improvements and Approval of the Cooperative Agreements with Scott County and REsolutions 97-XX and 97-XX Authorizing Parking Restricitons on CSAH 21 and CSAH 42. Project. 8. NEW BUSINESS: A. Consider Petition for No Parking signs on Eagle Creek Ave. S.E. and Lakeside Ave. B. Consider Approval of Eagle Creek Villas Schematic PUD Plan. ~)(") ! /. , C. Consider Approval of Concurrent Detachment / Annexation for CSAH 42 and TH 13 with the City of Savage. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 6297.DOC TO: FROM: SUBJECT: Mayor and City Council Frank Boyles, City Manager Continued Public Hearings to Consider Approval of Ordinances Annexing a Total of 260 Acres into the City of Prior Lake. At the May 19 meeting the City Council, at the request of the Township Board, landowners and Special Council Terry Merrit, approved a continuance of two Public Hearings on Annexation by Ordinance. The continuation request was made by the Township to afford them an adequate opportunity to prepare for the Public Hearing if the Joint Resolution proposed by the Township and Property Owner were not approved by the City Council. Since the City Council adopted both the Joint Resolution and Three Party agreement, and since both documents have been received by the Minnesota Municipal Board and are scheduled for consideration on their June 5 agenda, the petitioners have concluded that the Annexation is moving ahead in accordance with Statute. They have therefore formally withdrawn their petitions requesting Annexation by ordinance. Accordingly, Public Hearings are cancelled for lack of petitions requiring them. att. 16200 Ea~le:Xf)k~~16ll1~ARmlDbti:ke. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQCAL OPPORTUNITY EMPLOYER MAY 29 '97 11:47AM HUEMOELLER & BATES P.2/2 HUEMOELLER & BATES ATTORNEYS AT LAW 16670 fR.<.NI<LIN TR...,L POST OffiCE IlOIC 67 PRIOR lA"E. IWHNESOTA SS.l72 JAI"IES D. BATES BIlVCE O. HUEJ,lOELLEIl. May 29, 1997 Telephone (612) ..7-2131 Tcle<npicr (612) ...7.S628 Frank Boyles Prior Lake City Manager 16200 Eagle Creek Avenue Prior Lake, MN 55372 Re: Deeriield/Mesenbrink Annexation Petitions Dear Mr_ Boyles: This will confirm that since the Prior Lake City Council and the Spring Lake Township Board of Supervisors have adopted a joint resolution for annexation, which is now on file with the Minnesota Municipal Board, Deerfield Development LLC and Mesenbrink Construction & Engineering, Inc. have instructed us to notify you that their pending petitions dated April!1, 1997, for annexation of the subject land by ordinance under Minn. Stat. ~ 414.033, Subd. 2a, are hereby formally withdrawn. James D. Bates JDB/th cc: Deerfield Development LLC Mesenbrink Construction & Engineering, Inc. Andrew J. MacArthur, Esq. 7:00 p.m. - FORUM CITY COUNCIL MEETING MINUTES Date: May 19, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:35 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant City Manager Tremere, City Attorney Pace, Attorney Brokl, Attorney Merritt, Planning Director Rye, Planner Kansier, Finance Director Teschner, Parks and Recreation Director Hokeness and Recording Secretary Oden. Councilmember Greenfield was absent. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to the meeting. MOTION BY ANDREN SECOND BY KEDROWSKI TO AMEND THE AGENDA TO INCLUDE AS THE LAST ITEM UNDER NEW BUSINESS CONSIDERATION OF THE JOINT RESOLUTION PASSED BY THE SPRING LAKE TOWNSHIP BOARD AND THREE PARTY AGREEMENT PROPOSED BY SPRING LAKE, AND THE PROPERTY OWNERS AND DEFER AGENDA ITEM 8B PINNACLE PARTNERS TO JUNE 16, 1997. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A. Emergency Meeting April 30, 1997 MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE APRIL 30, 1997 EMERGENCY MEETING. Upon a vote, ayes by Andren, Kedrowski, and Schenck, abstention Mader, the motion carried. B. Regular City Council Meeting May 5, 1997 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE MAY 5,1997 CITY COUNCIL MEETING. 16200 E.l~ Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER Upon a vote, ayes by Andren, Kedrowski, and Schenck, abstention Mader, 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 Resolution 97-XX Approving Prior Lake Optimist Premise Permit Renewal for Lawful Gambling. D. Consider Approval of Fire Call Report for April. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS A, B, C, D. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. None. 6. PUBLIC HEARINGS: A. Public Hearing - Continuation of Board of Review. · The Mayor went on to item 7 A so that the Public Hearings would not take place until 8:00 p.m. in accordance with the public notice. · The Mayor called the Public Hearing to order at 8:00 p.m. City Manager Boyles reviewed the previous Board of Review Public Hearing. He said the assessor has recommended changes in 32 of 38 properties. If the property owners still have concerns, they can go to the County board. · County Assessor Arnoldi said all of the changes were made in the Wilds that were requested, because increase in values have not occurred. The 1995 assessment of the Wilds was around 12 million, the 1996 assessment was 22.5 million in market value. The 1997 assessment, with the reductions, considering the increase in valuation of the golf course is at 24 million. In the parcels where there was a recommendation of no change the property owners were recommended to appeal to the County Board June 16 if they were still in disagreement with the assessor. M1NS 1997. DOC 2 . Councilmember Mader asked Mr. Arnoldi if he'd said that the appreciation had not occurred and whether he meant depreciation. . Mr. Arnoldi said yes. . Councilmember Mader asked what LBT on his report represented. . Mr. Arnoldi said Land Buildings and Total . Councilmember Mader said if the price was realistic, if economy improves, the property values could go back up. . Mr. Arnoldi said this decrease was for one year. . Councilmember Mader asked whether since this was one area the County Assessor would look at it again to recapture tax value if the economy improves. . Mr. Arnoldi said it would be addressed yearly. . Councilmember Mader said with the assessment hearing, all the people with big houses were getting breaks and others weren't, but he was glad of the recommendation if they were going to look at it yearly. MOTION BY ANDREN SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKl SECOND BY SCHENCK TO APPROVE THE COUNTY ASSESSOR'S REPORT. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKl SECOND BY SCHECNK TO ACCEPT ALL OTHER VALUATIONS IN THE COMMUNITY WHICH PROPERTY OWNERS DID NOT APPEAL. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MINSI997.DOC 3 B. Public Hearing to Consider Approval of Ordinance 97-XX" Approving the Annexation of 230 Acres located in the North 1/2 of Section 12, Spring Lake Township. . The Public Hearing for items 6B and 6C was deferred to June 2, 1997. . City Manager Boyles introduced the item. He said the City Council approved in concept the Annexation Task Force Report, which was submitted to Township with a request that they conduct public informational meetings and convey their position to the City. As a separate but related action, property owners of the 230 acre and 31.25 acre parcels using a different methodology for annexation which is provided for under Minnesota Statutes, submitted a petition to the City Council requesting to be annexed by ordinance. Therefore, the City must provide a 30 day notice to the general public to conduct a public hearing to consider an ordinance which may result in annexation. . After the annexation petition was received, notice put in the paper, and a public hearing scheduled, there were a number of meetings involving Township Board, residents and property owners. As a result of these meetings, the township board adopted a resolution authorizing annexation of the property and asked the Prior Lake City Council to adopt the same resolution and continue the Public Hearing until June 2 to afford them the opportunity to better prepare if the Public Hearing occurs. . The Joint Resolution, if approved by the City Council, would approve the annexation of the property through the Minnesota Municipal Board's 30 day review and comment process. If the Minnesota Municipal Board finds everything to be in order, then the annexation would take place and the method by ordinance would not have any standing. Consequently, it is recommended that the Public Hearings be continued until June 2nd, at the request of both the petitioner and the Township Board. The Joint Resolution approving annexation has been added at the end of the agenda. MOTION BY ANDREN SECOND BY KEDROWSKI TO CONTINUE THE PUBLIC HEARING TO JUNE 2ND 1997. . Councilmember Mader said that means there would be no decision on annexation this evening. . Mayor Andren said no. MINSI997.DOC 4 · Councilmember Mader said no it does not mean that or no there would not be. . Mayor Andren said it does not mean that. · Councilmember Mader said he was confused. He said if the Council makes a decision to annex tonight and then continue the Public Hearing to talk about annexation, what is he missing here? · City Attorney Pace said the Public Hearing would be canceled if alternative means of annexation were adopted by the Council, which is what is on the agenda later to do it by Joint Resolution as opposed to by ordinance. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Pubic Hearing to Consider Approval of Ordinance 97-XX Approving the Annexation of 31.25 Acres located in the NE 1/4 of Section 12, Spring Lake Township. . Item 6B and 6C as a Public Hearing item were continued to June 2, 1997. 7. OLD BUSINESS: A. Consider Approval of Abbreviated Developers Agreement with Frauenshuh for Park Nicollet Clinic. . City Manager Boyles introduced the item. He said the Council discussed at the May 5 meeting the short form developers agreement between the City and HealthSystems Minnesota. The issues of the soil contamination would not be an issue until time of platting and is excluded from the agreement. The road issue will be clarified by the Torrens process and is therefore also excluded from the agenda. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE DEVELOPERS AGREEMENT WITH HEAL THSYSTEMS MINNESOTA FOR THE CONSTRUCTION OF PARK NICOLLET CLINIC. · Councilmember Mader asked about road being open or closed, whether it is part of the total issue. MIN51997.DOC 5 . City Attorney Pace said it is not. The issue has been disconnected because the property where Health Systems is building the clinic is subject to a Torrens proceeding. In terms of the legal issue, development of the clinic site is two separate issues. There is a judicial process underway where the City has been named a party. She said the access will remain open in order to avoid any kind of injunction. All parties will go through the Torrens proceeding. The court will decide who owns property. . Councilmember Mader clarified that it does not conflict with actions on the developers agreement. He asked with regard to contamination, if it is on the Park Nicollet property because ofleakage from EZ Stop. . City Attorney Pace said they will be required to clean up any contamination when they put in utilities. There is a remote chance of contamination. . Councilmember Mader said there is a reference that HealthSystems Minnesota is aware that the City would recommend against such provisions, which would give them a waiver. He asked if the City had now changed its position on that. . City Attorney Pace said as originally drafted, the agreement included no language on indemnification because they believed the issue was remote in time and not germane to the preliminary agreement. At insistence of the attorneys representing Health Systems Minnesota, the agreement that was presented to the Council include that language. Although indemnification in the agreement is for the Council to decide, it is the City Attorney's and the staffs recommendation against including such language. . Councilmember Mader said so the action this evening is mute on the point of liability for contamination. . City Attorney Pace said the agreement does not address issue of contamination. . Councilmember Mader said when property is dedicated to the City, then the City will be in a position to take action against EZ stop or negotiate with Health Systems Minnesota for a waiver. He asked if there could be a situation where the City would inherit the contamination problem without recourse. He said .he is looking for an assurance that the problem which is not on City property does not put the City in a position that will create unlimited liability. . City Attorney Pace said that would not happen. . Councilmember Mader said he was comfortable with the agreement, then. MINS 1997. DOC 6 . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Adoption of 1998-2002 Capital Improvement Program (CIP) and Approval of Resolution 97-41 Authorizing Fund Transfers to Establish Revolving Equipment Fund. . City Manager Boyles introduced the item. He said the staff could give a complete report on both items or a cursory report to the Council. He said there were two items, one a motion and second to approve the ClP as proposed or with amendments, and two, to adopt Resolution 97-41 which would approve the establishment of an equipment revolving fund to finance the City's over the road vehicular needs in the future. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE 1998-2002 CAPITAL IMPROVEMENT PROGRAM. . Councilmember Mader asked if that included the equipment fund. . Councilmember Kedrowski said that was the second item. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. . Mayor Andren said the Council discussed the revolving equipment fund at the workshop, but if Finance Director Teschner would give an abbreviated presentation, those that were not in attendance at the workshop may appreciate it. . Finance Director Teschner presented the advantages of the equipment matrix, which provides a regular replacement schedule, and the revolving fund would be established as the funding mechanism. It provides a long term replacement program which would be a permanent fixture. Staff has proposed five financing sources for the equipment fund. Presently there is $302,000 in a supplementary equipment fund. There is a 1996 surplus of $250,000 to be allocated to the revolving fund. He is proposing a $200,000 general fund appropriation as well. A contribution of $250,000 sewer and MIN51997.DOC 7 M1NSl997.DOC water fund would be needed. He said the City would need a supplemental tax levy of $10,000 per year for next 12 years to continue to finance the fund. He said this establishes a regular replacement schedule, reduction on equipment maintenance costs, increased operational efficiency and safety, and eliminates interest dollars spend on equipment certificate financing. Currently the equipment trade-in value is worthless on most equipment, because it is beyond its useful life. A positive community image is another advantage. From a taxpayer standpoint, the City was spending about $120,000 in interest dollars, which would be saved and put back into the equipment fund. There would be reduced liability exposure from outdated equipment. He gave the example of a box on a truck where hinges were rusted, and it became detached from the truck. He showed the equipment matrix. . Councilmember Mader asked about the Equipment Certificate Financing. . Finance Director Teschner said they had issued about $900,000 in equipment certificates in the last 4-5 years. He said the certificates were debt instruments. The City would issue bonds over a maximum of a 5 year period. The practice has been to issue debt over a four year period , and the City must pay interest on it. He said on $900,000 over last 5 years, the City is spending $1,020,000 to finance those pieces of equipment. He said this would eliminate the debt financing and substitute a revolving equipment fund. . Councilmember Mader asked about the $308,000 in a building fund. . Finance Director Teschner said it was in the equipment fund right now. . Councilmember Mader said when he first became involved with the Council, he asked about the equipment certificate, and he was given an aggressive endorsement of the certificates. He said what has changed now so that is no longer a good method. . Finance Director Teschner said this method eliminates the 'interest associated with a debt instrument. . Councilmember Mader said a year ago, he was told equipment certificates leveled out payments. Has something changed so it is not a good method. . Finance Director Teschner said it is still a good method and levels out debt. He said it is a timing thing, and the City would need to wait about 8 every 4 years to go into market to finance equipment needs. The City has outgrown the stage when equipment certificates provide sufficient capital to provide needed equipment. . City Manager Boyles said the City is trying to look at the financing needs in the future. He said of the 28 present pieces of Park Maintenance equipment, 13 or almost 50% are past their replacement date. Public Works equipment is similarly beyond its useful life span. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-41 AUTHORIZING FUND TRANSFERS TO ESTABLISH A REVOLVING EQUIPMENT FUND. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Resolution 97-XX Denying an Appeal by Pinnacle Partners of the Planning Commission Denial of Variances to the Setback from the Ordinary High Water Level (OHW) , the Setback from the Top of a Bluff. and Variance to Allow Construction within the Bluff Impact Zone for Property Located at 15408 Red Oaks Road. This item was deferred at the request of the petitioner to the June 16, 1997 City Council meeting. C. Consider Approval of Resolution 97-42 Approving the Final Plat and Developer's Contract for Winds tar Addition. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 97-42 APPROVING THE FINAL PLAT AND DEVELOPER'S CONTRACT FOR WINDST AR ADDITION. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. D. Consideration of the Joint Resolution Passed by the Spring Lake Township Board and Three Party Agreement Proposed by Spring Lake Township. . City Manager Boyles said what is before them is four separate actions related to annexation. He said there was a recommendation by the Annexation Task Force that the subject 260 acres should be annexed immediately. A Tax impact analysis MIN51997.DOC 9 has been provided based on school or no school. He said the question to the City Council is if it wants to continue annexation as recommended by the task force, and how will they go about doing that? He said the joint resolution was adopted by the Spring Lake Township Board at its May 15 meeting. The benefit of annexing by the Joint Resolution process is that all parties agree, and the municipal board only goes through a review and comment process. It is faster than the 30 day ordinance process. If the City Council chooses to annex by Joint Resolution, it would be appropriate to direct staff to prepare amendment to Comprehensive Plan, which would effectuate this annexation and incorporate this property into the City's MUSA boundaries in order that utility extensions could take place expeditiously. He said a new three party agreement was handed out which clarifies how the Township will receive the $60,000. · Councilmember Mader said annexation can be a very emotional and divisive issue in a community. It is not a win-win situation. He said hopefully whatever is done benefits the majority of people and not at a high expense to others. He said there are some critical annexation issues such as what are the financial implications and benefits to both those that are being annexed and those that are doing the annexing. He said while he is not opposed to the annexation, he won't support annexation because of critical financial issues. He said the City Manager said that the Annexation report was submitted in February, but it was at the April 7 meeting that they actually received the Annexation Task Force report and then sent it to Spring Lake Township. That was an activity that was worked on and studied and debated, certainly lots of information in the paper, some public meetings, and some less-than public meetings, but a fairly considerable time went into that. When the City Council received that report, there was a financial analysis included that told what the benefits were for the City of Prior Lake. In that analysis, it indicated the assumption that the annexed area would have 700 homes. He said he questioned that because the total parcel is 260 or 270 acres, and 60 acre commercial, 40 acres of wetland, and 100 acres of having high school He said it was difficult to assume 700 homes on 80 acres and using 700 homes as a basis of revenue calculations. He said that he was assured that 700 was a good number and it could be 900 homes without a high school and at lowest, 500 with a high school. He said he still had a problem with that. He said it was indicated that during the first five years, there would be no tax revenue from the commercial and industrial development and the implication was that it would be supported with TIF funds. He said he was not opposed to TIF, but there was a lot of press particularly at the state legislature on how these programs don't work out how they are supposed to. That was April 7th. He said he went to April 23rd Spring Lake Township meeting to hear what they had to say. He said he heard there would be 28 single family homes, compared to 700 homes being used for our analysis. He said the representative for the developer said 100,000 square feet MJN51997.DOC 10 commercial and industrial, and if single family homes were deleted altogether, there would be as few as 200-400 homes. The Spring Lake Township people were told there was no significant tax benefit. He said it was all a matter of public record, and what he heard in Prior Lake was a lot of tax benefit to the City, and they were being told the opposite in Spring Lake and the same people were at both meetings. He said how do you make a decision when the numbers are as far apart as 700 and 28. He said he had a serious problem with where they were with financial data. He said the report for tonight was totally different. The report for this evening presents another set of data. It says 280 units with a high school as compared to 500 a couple weeks ago. He said the financial analysis exhibits exactly the same cost per occupant and per family no matter if there are 700 or 280 homes. He said he did not believe that. He said he was not suggesting that annexation was a bad idea, but he would not support it. . Councilmember Kedrowski said he served on the Annexation Task Force. He said he has heard nothing negative from the City of Prior Lake. He said this was to be a cooperative effort. He said the property owners in the area all agreed that they wanted to be annexed. As far as financial analysis, it was all simply projections. They could talk about it all night, and assume how it is going to be developed. Using TIF money has not even been brought before the City Council. He said TIF has always been used very conservatively to facilitate development.. He said they are private land owners, and as far as the rest of the land, it doesn't matter. The property owner has to present what they are going to do. He said they were willing participants. . Councilmember Schenck said it needs to be recognized that they are responding to a petition, and the facts and figures were purely concept. First and foremost, they were acting on a petition. MOTION BY KEDROWSKI SECOND BY SCHENCK TO CONFIRM THAT ANNEXA nON OF THE 260 ACRES SHOULD TAKE PLACE IMMEDIATELY AS RECOMMENDED BY THE TASK FORCE. . Councilmember Mader said he had heard that those that own the property want it to be annexed. He said that made sense since it was owned by a developer. He said he was not sure that was a meaningful criteria, because the land is part of Spring Lake Township, and his perception was that the vast majority of Spring Lake Township residents were not in favor of annexation. He said with regard to the school, he hoped it would not be interpreted that he was opposed to it. He said he is opposed to proceeding with an annexation using financial data that is not solid. MIN51997.DOC 11 · Mayor Andren said the job of the City Council is to represent the best interests of the citizens of Prior Lake; the people who live within the corporate limits and pay taxes in the community. She said she understood that there were a number of people in Spring Lake who did not want this part to be annexed. The proposed development concept meets the livable communities objective, and Prior Lake has promised to its residents that they will have robust business growth. The citizens were told that the benefits would not come immediately, but they would come. Whether it has a school site or not, it needs to have sewer and water, and we do not extend sewer and water without it being within the corporate limits of Prior Lake. All of the financial statements are in concept. Mayor Andren said Prior Lake will have a very high commercial valuation. The net impact of additional taxes will be in the range of $250-300,000. That does come to Prior Lake. As far as TIP is concerned, that is determined by Public Hearing. There is below 2% of property in TIP in Prior Lake. People do not understand that it is a delayed gratification. Ifthe City Council chose to annex the property, the land that will be zoned commercial. The City will receive the current value of the land, the only thing it does not received is the increased value. That money from buildings, etc., will go to support the infrastructure and building project. Then down the line all of the money will go back on the tax rolls. Ifthere was a valuation of$l,OOO, and a building went on it at $500, that $500 would be used to generate more infrastructure. In the case of the annexation, if it doesn't go through, we haven't lost anything to begin with, because zero from zero is zero. Down the road the City will gain a considerable amount of money as well as meet City Development goals and objectives. She said she supports annexation, the joint resolution, and the three party agreement. Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ACCEPT THE JOINT RESOLUTION AGREEMENT BETWEEN CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP. Mayor Andren called the question. Councilmember Mader asked if there would be more discussion. Mayor Andren said Councilmember Mader had as much opportunity to address the issue as other Councilmembers, and did so twice. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MIN51997.DOC 12 MOTION KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO AMEND THE COMPREHENSIVE PLAN TO INCORPORATE THIS AREA INTO THE CITY MUSA BOUNDARIES FOR THE PURPOSE OF UTILITY EXTENSION. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO AUTHORIZE EXECUTION OF THE THIRD PARTY AGREEMENT Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO RECONSIDER CONTINUATION OF THE PUBLIC HEARING. . Attorney Terry Merrit suggested that the Council continue the hearing, not cancel it. . Motion and second withdrawn. 9. OTHER BUSINESS: There was no other business. 10. ANNOUNCEMENTS/CORRESPONDENCE: . City Manager Boyles reviewed the update. He said Sally Schmidt resigned the EDA.. He mentioned a City web page could be considered. . Councilmember Schenck said he was concerned with lot surveys required for deck replacement. . City Manager Boyles said the resolution provides that once in Shore land District or flood zone, a resident does need a survey. Otherwise, residents may document their lot comers and setbacks in the field. The concern is the cost of the survey. This is a common concern. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO DIRECT STAFF TO SEE IF THERE IS A MORE EFFECTIVE WAY TO ACCOMPLISH THE CITY'S POLICY ON DECK REPLACEMENT WITHOUT REQUIRING A SURVEY. MINS1997 DOC 13 Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. · Councilmember Mader said he received something about grants to the YMCA and asked if anyone knew about it. · Councilmember Kedrowski said Burnsville was soliciting contributions to make the YMCA a regional south of the river project. · Councilmember Mader said he received a letter from Ernie Peacock regarding legal action against annexation and for Township incorporation. · City Attorney Pace said the City had not received anything. 11. ADJOURNMENT . Recording Secretary MIN51997.DOC 14