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HomeMy WebLinkAboutDraft 11/7/11 Minutes/ PRIO U icy �I�� 4646 Dakota Street SE Prior Lake. MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 7, 2011 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Myser, Council members Erickson, Hedberg, Keeney and Soukup, City Manager Boyles, City Attorney Pace, Finance Director Erickson, City Engineer / Inspections Director Poppler, Public Works /Natural Resources Director Gehler, Community and Economic Development Director Rogness, Fire Chief Hartman, Assistant City Manager Kansier and Assis- tant City Manager Meyer. 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 and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pri- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA Boyles: Asked that item 8A be removed. The applicant withdrew their request. Myser: Asked that an item be added under New Business related to discussion of a review of the Noise Ordinance. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY, SECOND BY ERICKSON TO APPROVE THE MINUTES OF THE OCTOBER 3, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Hedberg abstained. The motion carried. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE THE MINUTES OF THE OCTOBER 17, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg. Keeney and Soukup abstained. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of the September Treasurer's Report. C. Consider Approval of the 3rd Quarter 2011 Financial Reports. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com D. Consider Approval of the 3rd Quarter 2011 Investment Reports. E. Consider Approval of Resolution 11 -131 Calling for a Public Hearing on an Addendum to the Capital Im- provement Program. F. Consider Approval of Resolution 11 -132 Supporting a Grant Application to the Minnesota Department of Natural Resources for the Local Trail Connections Program. G. Consider Approval of Resolution 11 -133 Approving the Final Plat and Development Contract for Hickory Shores 2nd Addition. H. [REMOVED] -- Consider Approval of a Resolution Transferring a Property Held in Trust by the City to the In- guadona Homeowner's Association. MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS MODIFIED [Removal of Item H]. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Erickson: Explained the agenda item and how the action excluded the roadway dedication (extension of Pershing) which is what the residents of Twin Isle use for unimpeded access to the Lake. Asked if Twin Isle residents can use the lot for a dock. Boyles: No. Keeney: Asked if the residents who will maintain the Trust have certain obligations for how the site is to be used in perpetuity for the benefit of those with an interest in the property. Boyles: Confirmed. MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE RESOLUTION 11.134 TRANSFERRING A PROPERTY HELD IN TRUST BY THE CITY TO THE INGUADONA HOMEOWNERS ASSOCIATION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Prior Lake Optimist Club Youth Appreciation Week. LeeAnn Weyrauch and Jenny Nagy (Optimist Club and Community Education respectively) explained the purpose of Youth Appreciation Week, and goals of the Optimists Club as Friends of Youth. Noted the Op- timists contribute nearly $100k per year to various youth initiatives. Comments: Keeney: Thanked the Optimists for their many efforts that go unrecognized. Hedberg: Commented how lucky we are in Prior Lake to have volunteer associations such as the Optim- ists that invest a lot of time and energy into our youth. Mayor Myser proclaimed the third week of November as Youth Appreciation Week in Prior Lake. Planning Commission Annual Report. Rogness: Provided a brief report related to the Planning Commission activities through October 31, 2011. Keeney: Asked if the activity is down from historical levels. Ask if there are some indicators of activity the Council should watch that might help forecast future permit activity. Rogness: Confirmed that activity is down from a historical level. Believes as a general rule that activity has been picking up. Matzke: Suggested that building lot inventory could be used as an indicator that activity may be increasing and help us to project future development. Keeney: Asked if there are other initiatives that the Planning Commission can take on. Rogness: Advised that the Planning Commission can play both a regulatory and an advisory role, and staff will look to leverage as much of the talent of the members as possible. 2 DRAFT 110711 City Council meeting minutes Erickson: Commented this is the only statutory committee that the City has and asked the City Attorney to provide an overview of the Planning Commission's responsibilities and the training that is involved. Pace: Provided a brief overview on the role and training related to land use, process, ethics, conflicts, creating a record and developing findings. Soukup: Commented that she has participated in the land use training and it is well worth the effort. Hedberg: Thanked out -going Commissioners and the key decisions they have made related to land use. Further commented on the fact that development and growth is continuing, and that even at a much slower pace, any development in this economy seems to be a good sign. Advised that the new members are Jeff Phelan, Perri Hite, Adam Blahnik, and Eric Spieler, and that Tom Roszak was previously a member. PUBLIC HEARING [ITEM REMOVED AS PART OF APPROVAL OF THE AGENDA AT THE REQUEST OF BASEMENT BAR & GRILL] -- Consider Approval of an Appeal of the Presumptive Penalty from Basement Bar & Grill Hearing for Sale of Alcohol to Minor. No action required. Public Hearing to Consider Approval of a Resolution Vacating Drainage and Utility Easements Lo- cated within Lot 20 and Lot 38, Block 1, Hickory Shores. Planner Matzke provided an overview of the project and the action requested. The purpose for vacating the drainage and utility easements is to allow the developer to realign the two lots and then the drainage and utility easements are not needed. New drainage and utility easements will be included with the new plat. Planning Commission recommends approval. Comments: Hedberg: Asked if the new easements will be established by the final plat. Matzke: Confirmed. Keeney: Asked if there is any change in the general dimension of the lots. Matzke: 34 townhomes to 33, no functional change. MOTION BY ERICKSON, SECOND BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hear- ing opened at 7:43 p.m. Comments: None at this time. MOTION BY KEENEY, SECOND BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hear- ing closed at 7:44 p.m. Comments: None at this time. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE RESOLUTION 11.135 PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN HICKORY SHORES. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 3 DRAFT 1107 11 City Council meeting minutes OLD BUSINESS None scheduled. NEW BUSINESS Consider Approval of a Resolution Authorizing the Negotiated Sale of $5,845,000 General Obliga- tion Bonds of 2011. Erickson: Provided a brief overview of the action before the Council and the benefits of the bond sale for construction projects for Boudins Phase 2 and Arcadia /21, and refunding of Fire Hall Bonds of 2006. Steve Mattson (Northland Securities): Discussed the trigger resolution that authorizes Northland to seek sale of the bonds in the most timely manner as interest rates are currently particularly volatile. The concept is to maximize the savings. Advised there is a rating call tomorrow and anticipate maintaining the Aa2 rat- ing which is outstanding for a city the size of Prior Lake. Hopeful of a sale on Monday or Tuesday next week before the Thanksgiving holiday. Soukup: Asked Mr. Mattson to explain why we call in the Fire Hall bond. Supportive of the effort. Mattson: Explained that we can capitalize on the lower rates in the market today compared to when we is- sued the bonds. It will reduce the debt service costs to the City. Hedberg: Asked Mr. Mattson why we would sell bonds this year for projects next year. Mattson: Explained that we are trying to be proactive rather than reactive if we can leverage the good inter- est rates in the market. There are a lot if parameters we have to manage, but the idea is that we use the bank - qualified designation because it can get us a significant savings. By advancing the issuance, we stay under $10 million for 2011 and have the same ability to designate bank - qualified in 2012. Keeney: Asked why every city isn't refunding bonds and where the demand is coming from. Mattson: Commented that 2011 has been a very heavy year for issuing municipal debt. The Minnesota market has a very high demand for long bonds. The City has high - quality MN tax -free bonds. Keeney: Asked how the City assures it's getting the best deal from a negotiated sale versus an auction or other type of competitive sale. Mattson: Believes negotiated sales are largely dependent on the relationship between himself and the City and the contacts and the historical prices we've been able to get. Erickson: Complimented Mr. Mattson and staff on the proactive effort. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11.136 APPROVING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2011B. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Updating the City of Prior Lake Winter Maintenance Policy. Public Works Director Gehler provided an overview of the action requested from Council and the changes in 2012 for winter operations. Comments: Erickson: Asked about snowmobiles on Crest Avenue and how sidewalks will be handled along collector streets. Poppler: Confirmed that the snowmobile task force report will be on the next Council agenda. At this time, no changes to last year are proposed. Erickson: Asked for clarification, on why the City was asked to provide the anti -icing on the new stretch of 21 into Shakopee. Gehler: Advised that the City has the equipment and expertise to provide the anti -icing and the County will reimburse the costs for the materials only. This is a collaboration. Erickson: Asked how the City maintains the neighborhood ice rinks. 4 DRAFT 11 0711 City Council meeting minutes Gehler: Explained that the City initially provides the flooding of the rinks in the neighborhoods and then al- so removes snow removal. Boyles: Explained that the ice rinks maintenance at Lakefront Park is part of a collaboration with the Prior Lake Hockey Association who manages the on -going maintenance after the initial flooding is done. Keeney: Asked if the arrangement for the City doing the anti -icing on the concrete road is on- going. Gehler: Explained that all of the entities within Scott County are working together to get more effective and efficient in snow removal. Some of those agreements will come to the Council over the next year. Keeney: Asked how the public comments on changing winter maintenance priorities. Gehler: The document is reviewed and approved annually by the Council. Residents should contact the Public Works department at any time if they have feedback, suggestions or requests.. Keeney: Asked about the feedback the staff needs. Gehler: Clarified that the staff is seeking feedback on how sidewalks should be managed on collector streets. Keeney: Would support changes in plowing collector street sidewalks if there is a rationale for safety. Hedberg: Commented that doing the anti -icing on the extension of CSAH 21 is probably a good thing and supports the goals of SCALE. Supported the proposed changes outlined in the report. Asked if there are changes in the level of service table. Gehler: Advised that circumstances can affect the timeliness and standards of service, but that the level of service table provides the general guidelines we try to achieve, and no changes are proposed for 2012. Hedberg: Suggested communicating the standards to the residents. Soukup: Talked about first priority, second priority and third priority routes. Commented that sidewalks on collector streets, like Franklin Trail, where the kids are crossing the street to get to the bus and it poses some safety issues. Noted that Franklin Trail and Brooks was an example of where pedestrians wait. Fur- ther asked if property owners are responsible for shoveling out hydrants. Gehler: Advised that it is the resident's responsibility to clear the fire hydrants and that staff will be commu- nicating further with residents to remind them. Myser: Commented that Blind Lake is a great bang for the buck with a positive impact on the chloride le- vels in the lake. Believes having the City continue this effort on CSAH 21 is the right and smartest thing to do. Asked for clarification of how CSAH 21 from 42 to 18 will be treated. Confirmed that the City gets more than its fair share out of its collaboration with the County. Gehler: Confirmed that the anti -icing on 21 is a one -year effort that will be evaluated and formalized as permanent agreements are developed over the next year. Erickson: Suggested the City clean one sidewalk and residents are no longer required to clean the oppo- site side. Further asked about the mailboxes along CSAH 12. Gehler: The staff is aware of the snow storage challenges along CSAH 12. We will be doing more hauling snow out. We use a variety of pieces of equipment like a tractor with a blower. It depends on the width of the sidewalk. We may have to go in with other detailed pieces of equipment. We will learn a little as we go. Keeney: Agreed with having the City clean one side of collector streets and have residents not responsible for the opposite side. Supported Councilmember Soukup's suggestion to review school bus waiting areas. Hedberg: Favors the policy as currently written because he would like to maintain open sidewalks along both sides of collector streets. Keeney: Seems to be a fairness issue as to what side gets plowed. Hedberg: Liked Councilmember Erickson's standard of "when logic prevails ". Myser: Suggested that this comes back to a work session so that we can get into the details. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 -137 APPROVING THE 2011 -2012 WINTER MAINTENANCE POLICY AS PROPOSED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 5 DRAFT 11 0711 City Council meeting minutes MOTION BY KEENEY, SECOND BY SOUKUP TO DIRECT STAFF TO REVIEW ISSUE OF SNOW RE- MOVAL ON SIDEWALKS ALONG COLLECTOR STREETS AND BRING BACK TO THE CITY COUNCIL FOR A WORK SESSION FOR NEXT SNOW SEASON. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Approving the Combined Preliminary and Final Plat to be known as Bluffs of Candy Cove. Planner Matzke reviewed the project, the process to date, and the action requested of the City Council. City Engineer / Inspections Director Poppler commented on the remaining challenges and alternative proposed by staff for the retaining walls at the driveway entrance. City Attorney Pace further commented that the City specifically granted an easement across the City parcel and required the neighbor to construct the current retaining wall as part of his home construction. Does not believe the City should undermine the previous action 10 years later. The staff proposed 3 alternatives and shared them with the developer and planning commission. The developer should have the flexibility to determine which of the available alterna- tives he prefers. Comments: Keeney: Asked if the adjacent property owner is opposed to the removal of the wall. Poppler: Confirmed and commented that the City facilitated a number of meetings between the parties. They have not reached agreement. Keeney: Asked the distinction between what the public purpose of this parcel is versus any other property it owns adjacent to the road. Pace: The property is not necessarily road right -of -way and the City cannot restriction owners access to their properties. There are other tools the City could use such as private use for public property agreement or some sort of easement. There are alternatives for providing access. Keeney: Concerned that this is would set a precedent where every driveway that crosses public property requires an easement. Pace: This is a very different and specific situation. There is a difference between a City parcel of land and a road right -of -way. There should have been a previous easement issued for the current driveway /retaining wall. Keeney: Suggested that the lot go through the process to re- designate the City parcel as road right -of -way. It is a shame that the property owners can't come to some agreement. Asked if having the retaining walls built on City property include liability for the City. Pace: The developer is required to indemnify the City. Keeney: Agrees with the City Attorney's assessment. Erickson: Asked how you handle a 25 foot wall from a safety standpoint. Poppler: Advised that all options require a fence at the top of the wall. Erickson: Agreed the developer needs to select an option that does not impact the existing retaining wall. Soukup: Agreed. Hedberg: Asked if there are engineering issues associated with any of the five alternatives. Poppler: Confirmed there are issues with all of the options because of the challenging topography. The de- veloper's proposal for the wall is 2 -3 feet off the property line which requires additional support. The op- tions the City is proposing do not require the additional support. Hedberg: Clarified some of the measurements and the weird landscaping that would result. Does not be- lieve the City conveyed property rights to the neighbor and that there should not be a commitment to pre- serving the retaining wall. However, supported the variances and commented that the retaining wall issue needs to be resolved by the developer and staff where the neighboring retaining wall is maintained. Re- peated concerns about having two separate retaining walls around this small area. 6 DRAFT 1107 11 City Council meeting minutes Myser: Asked about the reference to a 2010 statute that requires the City to accept a proposal as long as 2/3rd of the hardship criteria are met. Pace: Summarized that in 1921 this was 5 lots. As time went on and ordinances and development pro- gressed, the Courts began to determine that cities did not need to issue permission to combine lots in common ownership. In this case, the area can be divided into 2 conforming lots, and the third lot becomes an acceptable residual lot that can be substandard. The second law issued by the Supreme Court amended the previous hardship criteria for granting a variance to "practical difficulties ", which is a very low threshold and broad term. Myser: Asked if there are other properties as a result that will push the development envelop. Pace: Confirmed that it is likely particularly for the remaining small cabins on small lots. Myser: Believes the City made requirements of this property owner in the past and would not want to un- dermine that determination today. Supports the variances but that the developer work around the existing retaining wall. Pace: Suggested that the Council action be to direct staff to draft a resolution with findings of fact and bring it back to the City Council for approval. Keeney: Asked if the easement for the existing driveway would include the retaining wall. Pace: Advised that the issuance of the previous permit includes the survey. Proposed that if the developer cannot find an alternative that works with the existing retaining wall, he could indemnify the City for any le- gal costs or damages of any nature associated with the removal of the wall and then remove it. In that manner, the City would have no exposure. Erickson: Commented that if the City is indemnified, he would support removal of the wall. Soukup: Would support and suggest they take this issue off -line and that the City has spent too much time and effort. Hedberg: Would support the approach suggested by the City Attorney. Myser: Agreed. MOTION BY ERICKSON, SECOND BY HEDBERG TO PREPARE A RESOLUTION WITH FINDINGS OF FACT CONSISTENT WITH THE COUNCIL DISCUSSION FOR THE COMBINED PRELIMINARY AND FI- NAL PLAT OF THE BLUFFS OF CANDY COVE AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT AND BRINGING THIS ISSUE BACK TO THE CITY COUNCIL AT ITS NEXT MEETING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Naming a Professional Auditing Firm and Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Agreement. Finance Director Erickson reviewed the staff report and the recommendation to offer the contract to Mal- loy, Montague, Karnowski and Radosevich (MMKR). Comments: Hedberg: Supports the decision. Commented that even though there has been a very good relationship with Abdo over time, it seems appropriate to change to get a different set of eyes and validate the reporting. Soukup: Believes an open policy is appropriate and a fresh set of eyes has value. Erickson: Stated that Abdo has done an excellent job and this action is no negative reflection on them. Supported the decision to change. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 -139 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED PROFESSIONAL SERVICES CONTRACT FOR PROFESSIONAL AUDITING SERVICES FOR THE YEARS 2011, 2012 AND 2013. 7 DRAFT 1107 11 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Authorizing Execution of a Development Agreement with Jordan Real Estate Partnership of Prior Lake. Community and Economic Development Director Rogness provided an overview of the staff report and the action requested of the City Council related to River Valley Veterinary Services. This action commits the assistance and memorializes the standards under which the assistance is granted. Comments: Keeney: Supported. Commented for the record that the intent is that the district be decertified when the cap is reached. Asked about the progress of the project. Rogness: Advised that there are some details to be addressed. He and the applicant are meeting tomor- row. The issue of fire sprinkler systems will likely come to the City Council at its next meeting to discuss possible alternatives. Soukup: In support of moving forward, but wonders if Council action is necessary before the project is fina- lized. Rogness: Advised that Council action is appropriate. Even if the project does not move forward, the Coun- cil will have fulfilled its obligation. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11.140 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH JORDAN REAL ESTATE PARTNERSHIP OF PRIOR LAKE FOR THE ISSUANCE OF TAX INCREMENT FUNDS. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. ADDED — Noise Ordinance Review and Direction to Staff Myser: Suggested that based upon the various noise complaints impacting the residential neighborhoods, the Council look into this issue. Proposed directing staff to research and identify issues and alternatives amending the ordinance and bring back to the Council for discussion. Erickson: Commented that noise generated by automobiles is also a concern. Keeney: Believes it will be important to understand individual property rights and how enforcement hap- pens. No easy solutions, but would like to eliminate the gray areas. Hedberg: Believes the direction needs to provide sufficient time for the research. MOTION BY SOUKUP, SECOND BY HEDBERG DIRECTING STAFF TO INITIATE REVIEW OF THE NOISE ORDINANCE, SEEK INPUT FROM APPROPRIATE ADVISORY COMMITTEES, AND REPORT BACK TO THE COUNCIL, INCLUDING OPTIONS, COSTS, AND IDENTIFYING LEGAL AND ENFORCE- MENT ISSUES. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Executive Session City Engineer/ Inspections Director Poppler advised that the Executive Session will involve discussion related to strategy for the acquisition of the following properties related to the Arcadia /21 intersection im- provement project: 16150, 16188 Arcadia, 4646 Colorado Street, 4590 Colorado Street, 4570 Colorado Street, 4556 Colorado Street, 4540 Colorado Street, 4528 Colorado Street, 4516 Colorado Street, 4500 Colorado Street. MOTION BY KEENEY, SECOND BY ERICKSON TO ADJOURN TO EXECUTIVE SESSION. DRAFT 1107 11 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the meeting re- cessed to executive session at 10:50 p.m. Upon returning from Executive Session, Mayor Myser advised that the Council had provided staff direction related to property acquisitions and no formal action was required at this time. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Erickson. With all in favor, the meeting adjourned at 11:37 p.m. Frank Boyles, City Manager Kelly Meyer, Asst. City Manager 9 DRAFT 11 0711 City Council meeting minutes