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HomeMy WebLinkAboutDraft 03 25 13 City Council minutes O � PRIp � � v � 4646 Dakota Street SE Prior Lake, MN 55372 �INIVESO REGULAR CITY COUNCIL MEETING MINUTES March 25, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Direc- tor Poppler, Public Works / Natural Resources Director Gehler, Community and Economic Devel- opment Director Rogness, Assistant City Manager Kansier, Assistant City Manager Meyer and Administrative Assistant Green. Councilor McGuire was absent. 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 govern- mental topics rather than private or political agendas. Topics may be addressed at the Public Fo- rum 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 MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE AGENDA. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. APPROVAL OF MEETING MINUTES MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE THE MINUTES OF THE MARCH 11, 2013 CITY COUNCIL MEETING. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Treasurers Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Animal Control Services Report E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report G. Consider Approval of Resolution 13-031 Declaring Costs to be Assessed and Setting a Date for the Assessment Hearing Related to the Welcome Industrial Park Improvements, City Pro- ject #12-012 H. Consider Approval of Resolution 13-032 Approving a Professional Services Agreement with Inspectron Inc. for Inspection Services and Authorizing the Mayor and City Manager to Exe- cute the Agreement on the City's Behalf I. Consider Approval of Resolution 13-033 Approving the Wetland Replacement Plan for the County State Aid Highway 12 Improvement Project Phone 952.447.9800 / Faac 952.447.4245 / www.cityofpriorlake.com J. Consider Approval of Resolution 13-034 Supporting the City of Prior Lake Application for a Department of Natural Resources Local Trail Connection Grant K. Consider Approval of Resolution 13-035 Approving a Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael Morton: Requested that items 5H and 5J be removed from the Consent Agenda for discussion. Keeney: Requested that item 5G be removed from the Consent Agenda for discussion. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. Keeney: 5G, commented that the assessment hearing is scheduled earlier than usual in the pro- ject process and the City will not have bids returned which would allow more accurate information about finances; but, this will allow property owners to give their input sooner in the process. Gehler: Responded that the assessment process will occur before the construction contract is awarded. The assessment hearing is scheduled for April 28 and the project is scheduled to be awarded on May 27. Keeney: Asked if there will be firm costs by the time of the hearing. Gehler: Yes. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-031 DECLAR- ING COSTS TO BE ASSESSED AND SETTING A DATE FOR THE ASSESSMENT HEARING RELATED TO THE WELCOME INDUSTRIAL PARK IMPROVEMENTS, CITY PROJECT #12-012. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-032 APPROV- ING A PROFESSIONAL SERVICES AGREEMENT WITH INSPECTRON, INC. FOR INSPECTION SERVICES AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON THE CITY'S BEHALF. Morton: 5H, asked if there would be a risk associated with extending the timeline for building in- spections to 48 or 72 hours rather than the present 24 hour standard. Meyer: Responded that the building community might believe that is too long and the existing staff level might not be able to meet a 72-hour standard at current capacity. Poppler: Added that with increased activity this spring, staff will not be able to meet a 2-day win- dow; and the City already hears from contractors that they are not receiving service fast enough. Contractors are trying to line up concrete and framing operations and cannot do so without timely inspections. Morton: Asked if staff is currently at a three-day turnaround. Poppler: Affirmed. Morton: Asked what the financial impacts would be if the City utilizes overtime with current staff. Poppler: Replied staff has been on overtime for the past year and a half. There is only one in- spector and no one with whom to spread the overtime. Morton: Asked if overtime will continue if an outside contractor is arranged. Poppler: Replied that it will depend on volume, but reducing overtime is anticipated. Keeney: Noted the building report reflects this trend will likely not drop off any time soon. This is a way to bring in additional resources without creating a permanent position. Stated he is aware that having more than 100 permits a year creates a need for additional resources to fulfill inspections. Boyles: Commented that as the City observed greater burdens in building inspections overtime was used; then we tried to work cooperatively with other communities to borrow inspectors; and finally went to outsourcing with a contracted agreement. If permits stabilize at a higher level than can be inspected with current staff, we would come back to Council to requestan additional posi- tion. DRAFT 03 25 13 City Council Meeting Minutes 2 Morton: Asked if the contractor has already begun work. Meyer: Affirmed he has started and if the Council decides the contract is not appropriate, the City would pay for services used and terminate. Hedberg: Asked about building permit activity for March. Poppler: Replied that four new permits were submitted, 16 are ready to pick up and five are in process. Noted that one of them is a$5 million project for the school district for upgrades to the middle school which will require considerable inspection time. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 13-034 SUPPORT- ING THE CITY OF PRIOR LAKE APPLICATION FOR A DEPARTMENT OF NATURAL RE- SOURCES LOCAL TRAIL CONNECTION GRANT. Morton: 5J, asked if the project will be voided if the grant is denied or if it will come back to the Council for approval. Kansier: Replied that if the grant is not approved, the City can delay or cancel the project. Hedberg: Asked if the trail would extend across SMSC property. Kansier: Replied the trail is adjacent to SMSC property, but on County property. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS Consider Approval of a Resolution Approving Modification to the City Council Bylaws City Manager Boyles stated that an annual review of bylaws for Council and advisory committees is conducted. The City Attorney's firm has reviewed the bylaws to assure they are up to date for compliance with statutes. Stated the proposed bylaws need the reference to EDAC stricken from section 1003.3 as the process for selecting EDAC members is different and done under the pur- view of the Economic Development Authority (EDA). Noted that Councilors Morton and Soukup served on the Bylaws and Compensation Committee and did much of the work for this agenda item. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-036 APPROV- ING MODIFICATIONS TO THE EXISTING CITY COUNCIL BYLAWS. Morton: Reviewed the items discussed at the bylaws committee meeting. Soukup: Commented on the types of motion outlined in the bylaws. Keeney: Queried about the deadline for submitting written material to the Council prior to the meeting noting that it is fairly typical for the Council to receive materials up to the time of the meet- ing. Soukup: Replied it is the intent that if materials are being submitted through staff and distributed as part of agenda, it should be submitted in time to use the Dropbox venue. Morton: Reiterated that the intent is to have materials presented in advance; and if someone from the public brings something to the public forum, that might become part of a future agenda. Rosow: Stated that sections 901.6.1 and 901.6.2 clarifies materials to be submitted as part of public hearings. DRAFT 03 25 13 City Council Meeting Minutes 3 Keeney: Questioned whether information given to Councilors outside of these guidelines will be part of public information for a public hearing and whether there are any implications if materials are accepted outside of the deadlines. Rosow: Replied that due process of a public hearing requires that the Council bases its decision on the information it receives at the public hearing. Stated that it is important to know what the record is. If someone submits something that is not part of the record and a Councilor mentions it, it needs to be brought into the public record. Keeney: Asked if that includes general information that a Councilor brings to the table as part of his/her knowledge. Rosow: Correct. Keeney: Believes the deadline for submitting material should be included with the notice of a pub- lic hearing. Soukup: Restated that a person who will not be at the meeting but wants to present materials, must submit the materials by the Wednesday previous to the meeting. If the person is going to be present at the public hearing, they can present materials at the meeting. Hedberg: Thanked Rosow, Soukup and Morton for the work they did in reviewing the bylaws and proposing revisions. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. Consider Approval of a Resolution Approving an Amendment to the Cooperative Agreement with Scott County for the County State Aid Highway 12 Improvement Project (City Project #12-002) City Engineer and Inspections Director Poppler reviewed previous projects completed on CR 12 and amendments made to the agreement with Scott County to accomplish those projects. Pro- vided a cost analysis for the project. Noted that one primary purpose of the project is to bring sew- er and water infrastructure to the properties and some of the project funding will come from water and sewer funds. The Prior lake Spring Lake Watershed District will also have an agreement for their portion of the wetland enhancement project. Reviewed areas receiving street lights and dis- played the types of lights to be used which will match with the lights on the rest of CR 12. Provided details of the wetland enhancement project and amenities it will contain. Noted that land acquisi- tion and water quality costs will be higher than anticipated and that each partner in the project is taking on some of the additional costs. Contractors have been consulted to explore ways to re- duce costs. The timeline for completing the project was discussed. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 13-037 APPROV- ING AN AMENDMENT TO THE COOPERANIE AGREEMENT WITH SCOTT COUNTY FOR THE COUNTY STATE AID HIGHWAY 12 (CSAH 12) IMPROVEMENT PROJECT, CITY PRO- JECT #12,002, SAP 070-612-011. Boyles: Commented that the proposed resolution addresses how transfers of money will be han- dled as recommended by the Finance Director and City Auditor. Keeney: Asked what is being amended in the cooperative agreement. Poppler: Replied it is amended to reflect the changes in costs which are shown in the resolution. The other conditions remain the same. Keeney: Expressed an understanding of the amendments and asked about the changes in the project and whether they are being approved now. Poppler: Replied this resolution approves paying Scott County $1.47 million for the project includ- ing the wetland enhancements. Stated he mentioned the street lights in order to include those costs in setting the assessment. Keeney: Clarified that the street lights are not a new element of the project and the changes are for additional soils and wetland costs. Queried whether the City's portion of the wetland project has gone up $79,000. Poppler: Affirmed. DRAFT 03 25 13 City Council Meeting Minutes 4 Hedberg: Asked how the increased cost to the City for the wetland feature will be funded. Poppler: Replied it will come from the Water Quality Fund. Noted that the City annually spends about $400,000 for wetland enhancement projects and this year some other projects may not be done in order to do this one. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. NEW BUSINESS Consider Approval of Resolution Approving a RFP Defining the Scope of Work for the Inter- im Ordinance Study Community and Economic Development Director Rogness stated that the City desires to use a consultant to conduct the study due to the short time frame identified for completion. Discussed the timeline needed to complete the study and any potential change to Comprehensive Plan before the September 15 interim ordinance moratorium. Reviewed the RFP for the study. Soukup: Asked about the budget for the study and the $15,000 grant and whether it is in lieu of budgeted money or in addition to it. Rogness: Replied the grant would reduce the City's cost. Keeney: Queried whether the scope of the study would consider traffic volume and forecast only on CR 42, or also for feeder roadways. Rogness: Replied it would look at traffic counts currently in the Comprehensive Plan and should include some ancillary and connecting roadways. Keeney: Asked if the study is intended to make recommendations for roadways such as where intersections should be, or if it will be about the best use of the land. Rogness: Replied there could be recommendations on some roadway connections and this is a good time to reevaluate that. Keeney: Stated he would like to keep the scope smaller rather than larger; perhaps just access points on CR 42. Commented that item number ten of the scope referred to the 2030 Vision and Strategic Plan and stated that he does not want this study to consider what the goals of Strategic Plan should be. Believes that an early checkpoint in the process should be to identify properties that we know will not likely be considered for any change in the Comprehensive Plan. Hedberg: Commented that the next agenda item will consider whether to remove parcels from the moratorium area; and asked if it would change the scope of work for the consultant if some of those parcels are removed. Rogness: Replied that, potentially, the options could include removing parcels from the moratori- um area, but retain them for the study. Hedberg: Asked if the commercial development in the rest of the City will be considered as part of the study. Rogness: Agreed that would have to be looked at as well. Hedberg: Commented that if the City re-guides the property at the NE quadrant of CR 42 and CR 21, there would need to be a supporting roadway network and the consultant would have to show how to feasibly support that. Supports the budget for this study because of the tight schedule. Keeney: Asked if any of the meetings with the consultant are proposed to be open to the general public to provide input. Rogness: Replied that the proposal is that the kick-off meeting would invite all property owners and stakeholders to participate. That could include County staff, etc. Keeney: Suggested that one meeting include stakeholders and public to allow an opportunity for the public to provide input. Does not want to exclude anyone. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-038 APPROV- ING A REQUEST FOR PROPOSAL DEFINING THE SCOPE OF WORK FOR THE INTERIM OR- DINANCE STUDY. DRAFT 03 25 13 City Council Meeting Minutes 5 VOTE: Ayes by Hedberg, Keeney and Soukup. Nay by Morton. The motion carried. McGuire was absent. Consider Approval of an Ordinance of the City of Prior Lake, Minnesota, Amending Ordi- nance No. 113-05 by Removing a Parcel from the Scope of Ordinance No. 113.05 Community and Economic Development Director Rogness stated the City has received three requests to remove property from the moratorium established in the interim ordinance. (Jeffers Pond PUD, Outlot B, C and D and Shepherd's Path PUD.) Described those properties. Noted that the Council could consider removing the requested parcels for the moratorium, but retain them for the purpose of the study. Displayed maps showing the requested areas removed from the in- terim ordinance. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE AN ORDINANCE AMENDING OR- DINANCE 113-05 BY REMOVING A PARCEL FROM THE SCOPE OF ORDINANCE 113-05. Soukup: Commented that the Council was trying to define areas along CR 42 to be included in the interim ordinance to make it easier for people to reference. Understand the requests for re- moval are for areas that have finalized and approved PUDs. Asked if there any other finalized and approved PUDs in the area. Rogness: Replied that there are not. Soukup: Supports excluding the approved PUD areas from the study. Keeney: Believes it is important to not be arbitrary in defining the areas and expressed interest in framing the question with specific criteria. Suggested that an area already platted as a PUD would be one way to do it. Noted that the Council could receive a continuing stream of applicants to be excluded. Asked if an outlot can be built upon; or if developing an outlot would require a plat amendment. Rogness: Replied that if there is an outlot, it must be platted which would be an addition to the plat. The Council would be approving a development contract to do that. Establishing an outlot in a plat provides the owner the opportunity to defer fees until they are ready to develop. Keeney: Reiterated that outlots require further submittals and approvals to be developed. Stated that the other property included in the moratorium area for which the City has received a plat appli- cation for is a parcel south of CR 42. Asked if there any other parcels the City has received appli- cations on. Rogness: Replied he is unaware of any other applications. Keeney: Stated that the Jeffers Pond parcels seemed to be pretty well settled and he favors ex- cluding them from the moratorium. Stated he has similar thoughts on the Shepherd's Path proper- ty though he believes the proposed athletic dome construction may not be built so that area may be questionable. Stated he favors establishing some kind of criteria to be met for removing proper- ty from the moratorium. Morton: Commented she was not supportive of the moratorium when it was introduced, but con- curs with concerns about the justification of removing properties from it. Even though PUDs exist, it does not mean development is going to happen and if the moratorium stands in its entirety, it will not impact their ability to do anything right now because there is no activity. Rogness: Jeffers Pond Outlot B apparently has negotiations underway and a delay could affect that. Hedberg: Clarified that the initial proposal did not include properties that were platted. Rogness: Correct. Hedberg: Believes platted properties should be excluded. The PUD properties have been relying on a concept plan and there may be activities underway to market the properties. Favors exclud- ing Jeffers Pond and Shepherd's Path properties from the moratorium, but including them in the study area. Keeney: Commented that an outlot is no more platted than any parcel. It is subject to the PUD process, but it is still unplatted. DRAFT 03 25 13 City Council Meeting Minutes 6 Hedberg: Replied that a property developer gets overall approval for a PUD. Outlots for future development were retained, but overall concepts have been approved. Stated the Council ap- proved PUDs as mixed use with a clear idea of what would go on those outlots and owners are marketing with reliance on the approved PUDs. Keeney: Questioned the property south of CR 42 which is a unique situation. Asked what the ef- fective date of the moratorium is in relationship to the development application. Rosow: Replied that the City received an application prior to the publication of the interim ordi- nance and we have not heard that the application is incomplete so that parcel is not subject to the interim ordinance. Anything that normally happens during the application/public hearing process would not throw it back into the interim ordinance. It would be treated the same as anyone else's application. Keeney: Clarified that it won't prevent the Council from making suggestions for changes to the concept. Rosow: Replied the property can go through the normal process subject to all existing Cityrequirements. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE A RESOLUTION REMOVING JEF- FERS POND OUTLOT B FROM THE STUDY ORDERED BY RESOLUTION 13-027. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY KEENEY, SECOND BY SOUKUP TO INCLUDE JEFFERS POND OUTLOT B IN THE SCOPE OF THE STUDY FOR THE PURPOSES OF CONSIDERING ADJOINING PROPER- TIES BUT NOT FOR THE PURPOSES OF THE MORATORIUM. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY HEDBERG, SECOND BY SOUKUP TO DIRECT STAFF TO PREPARE AN AMENDMENT TO 113-05 REMOVING JEFFERS POND OUTLOT C AND D AND OUTLOTS IN SHEPHERD'S PATH PUD FROM THE INTERIM ORDINANCE. Morton: Questioned the legal process for publishing and if there is a disservice by extending this again. Rosow: Replied there is a publication requirement for ordinances. Morton: Queried whether there is a way to publish the ordinance for Jeffers Pond Outlots B, C, D and Shepherd's Path Outlots at one time rather than bringing the ordinance amendment back to the next meeting and delaying the publication for another two weeks. Rosow: Responded that if the Council desires not to delay, a recess could be called to allow time to draft a resolution that includes the rationale for the decision to exclude these properties from the moratorium and provides a record of the decision. Stated that the motion and second should be withdrawn. Hedberg and Soukup withdrew the motion and second. RECESS Mayor Hedberg called a recess at 9:00 p.m. to allow time for the City Attorney and City staff to draft a resolution for the Council to consider regarding the exclusion of some properties from the moratorium established by the interim ordinance. RECONVENE Mayor Hedberg reconvened the meeting at 9:24 p.m. and requested that the City Attorney read in the new ordinance and the proposed motion. DRAFT 03 25 13 City Council Meeting Minutes 7 Rosow: Read the proposed ordinance revisions and the proposed motion. Read the proposed resolution. Morton: Asked if the properties will be removed from the study or if that must be addressed sepa- rately. Rosow: Stated the recommendation is to remove the properties from the study for purposes of this resolution because the study is related to the interim ordinance. A separate action item will include them as part of the study. MOTION BY SOUKUP, SECOND BY KEENEY TO RECONSIDER THE ORDINANCE AND RES- OLUTION PREVIOUSLY PASSED. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY MORTON, SECOND BY SOUKUP TO ADOPT ORDINANCE 113-06 AMENDED TO EXCLUDE JEFFERS POND OUTLOT B, C AND D; AND SHEPHERD'S PATH OUTLOT; WITH THE AMENDED MAP EXHIBIT A, AND RESOLUTION 13-039 AS AMENDED. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. MOTION BY KEENEY, SECOND SOUKUP TO INCLUDE THE JEFFERS POND OUTLOT B, C AND D; AND SHEPHERD'S PATH OUTLOT PROPERTIES IN THE STUDY EVEN THOUGH THEY ARE NOT PART OF THE MORATORIUM. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. McGuire was absent. OTHER BUSINESS Keeney: Thanked staff for hosting the Egg Hunt at Lakefront Park noting this has become a very popular event. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Soukup and seconded by Morton. The motion carried and the meeting adjourned at 9:35 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT 03 25 13 City Council Meeting Minutes $