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HomeMy WebLinkAboutDRAFT 09 09 13 City Council Minutes O� P ��+P � � v � 4646 Dakota Street SE Prior Lake, MN 55372 �IMv�so'� REGULAR CITY COUNCIL MEETING MINUTES September 9, 2013 CALL TO ORDER The meeting was called to order at 7:03 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Schwarzhoff, City Engi- neer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Water Resources Engineer Young, Economic and Development Director Rogness, Planner Matzke, Assistant City Manager Meyer, Assistant City Manager Kansier and Administrative Assistant Green. 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 gov- ernmental topics rather than private or political agendas. Topics may be addressed at the Pub- lic 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. APPROVALOFAGENDA MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE THE AGENDA AS PRESENT- ED. MOTION BY MCGUIRE, SECOND BY SOUKUP TO AMEND THE AGENDA BY ADDING AN AGENDA ITEM CALLED WILDLIFE MANAGEMENT PLAN. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE AU- GUST 26, 2013 CITY COUNCIL MEETING AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup abstained due to her absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Resolution 13-125 Authorizing a Special Deer Hunt within the Cor- Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com porate Limits of the City of Prior Lake C. Consider Approval of a Cigarette License for TJM Enterprises LLC dba MGM Wine & Spir- its D. Consider Approval of Resolution 13-126 Ordering the Preparation of a Feasibility Report for the Mushtown Road, Maple Lane, and Panama Avenue Improvement Project E. Consider Approval of Resolution 13-127 Ordering the Preparation of a Feasibility Report for the Rolling Oaks Improvement Project F. Consider Approval of Resolution 13-128 Ordering the Preparation of a Feasibility Report for the Maplewood Street Improvement Project G. Consider Approval of two Resolutions Accepting Proposals and Awarding the City's Standardized Professional Services Contract for the 2014 Improvement Projects: 1) Res- olution 13-129 for Design Survey Services; and 2) Resolution 13-130 for Geotechnical Services Morton: Stated she has a single question regarding Consent Agenda items 5D, 5E, 5F and 5G. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Morton: Queried what is included in a feasibility study besides survey and geotechnical ser- vices. Poppler: Replied that a feasibility study will include history of a site, existing conditions, what is proposed, options for what is proposed, and costs. Geotechnical testing explores soils beneath surface of the ground to learn how much correction may be needed. A feasibility study also identifies who will be assessed for a project and for how much. Keeney: Asked Poppler to show maps of the proposed projects to provide general awareness of them for the public. Commented that the total costs for the three projects will be around $2 million. Poppler: Displayed the areas of the proposed projects. Keeney: Asked if Rolling Oaks is likely to be redeveloped at some time or if this will be the final location of the roadway. Poppler: Replied that would be studied in the feasibility study. Keeney: Perhaps the feasibility study would indicate whether the project is worth the cost. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE CONSENT AGENDA ITEMS D, E, F AND G. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS Public Hearing to Consider Approval of an Off-Sale Intoxicating Liquor License for TJM Enterprises LLC dba MGM Wine & Spirits. City Manager Boyles provided a brief history of store ownership. Stated there is a new owner who is seeking licensure. Stated the liquor license would be effective September 9, 2013 through June 2014. No incidences of violations were reported for the new owner. MOTION BY MCGUIRE, SECOND BY SOUKUP TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 7:20 p.m. DRAFT 09 09 13 City Council Meeting Minutes 2 Comments: Terry Maglich, 473 Willoughby Way, Hopkins, MN stated he is present to ask for approval of the license and to answer any questions. MOTION BY MORTON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 7:22 p.m. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 13-131 AP- PROVING THE ISSUANCE OF AN OFF-SALE INTOXICATING LIQUOR LICENSE FOR TJM ENTERPRISES LLC dba MGM WINE & SPIRITS. Keeney: Noted that this location had a previous compliance check failure; and that ordinance provides for escalating penalty for repeated offenses. Asked if this licensure approval would reset the time period for this location. Schwarzhoff: Affirmed. Keeney: Expressed concern that frequent turnover of ownership would weaken the ordinance enforcement provisions. Schwarzhoff: Responded that the City cannot enforce something against someone who did not commit the act. If turnover seemed excessive, we could seek a way to tie new owners to- gether such as trying to learn if the principals were the same, etc. Keeney: Welcomed Maglich to town as a new business owner. Commented that the City takes enforcement of liquor ordinance seriously and hopes he does also. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OLD BUSINESS Consider Approval of Resolutions Approving a Preliminary Planned Unit Development (PUD) Plan and Preliminary Plat to be known as Bluffs of Shady Beach Planner Matzke provided a brief overview of the project noting that a full report was provided at the August 26 City Council meeting. Stated that Council directed staff to work with the develop- er on stormwater issues. Water Resources Engineer Young reviewed the revised grading plan that has been changed to add greater capacity in the southern stormwater holding pond. Portrayed the drainage area and the rate and capacity of catch basins. Matzke reviewed the benefits of and the modifications requested for the PUD. Hedberg: Described conditions added to the proposed resolution. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-132 AP- PROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) PLAN KNOWN AS THE BLUFFS OF SHADY BEACH. Morton: Asked about the size of the conservation easement. Matzke: Replied that the conservation easement is the no-grade zone. It includes about 25-30 feet of the rear yards on a majority of the lots. Morton: Asked if trees will be reserved on the Aspen Avenue side. Matzke: Replied that the conservation area is along the Shady Beach Trail side. Displayed the area of trees that would be saved outside of the no-grade area, but noted that homeowners might choose to remove trees on their own. Keeney: Asked if the south basin is sufficient to handle Shady Beach Trail runoff if that street is improved with curb and gutter. DRAFT 09 09 13 City Council Meeting Minutes 3 Young: Yes. Stated that the volume control requirements will exceed the current stormwater control standards, although standards may change before Shady Beach Trail is reconstructed. Keeney: Commented that he has heard a preference for the cul-de-sac design from some of the neighbors and queried where the preference stems from. McGuire: Replied that there seems to be a belief that more trees would be saved with a cul-de- sac design. Matzke: Responded that fewer trees will be taken with the connecting roadway design. If there were a cul-de-sac, the connecting roadway to Aspen area would transfer back to a lot which would need grading. Hedberg: Reviewed the evolution of the design from a cul-de-sac to a connecting roadway. Keeney: Stated that no additional land or trees are being taken so he will support the connect- ing roadway design. Morton: Recalls that part of the issue was the length of the cul-de-sac and there were concerns about maintenance and services. Hedberg: Asked the developer to comment on the conditions added by Council. Schweich: Displayed elevation and floor plans for the proposed homes. Stated that walk-out lots could accommodate three-car garages. Asked if the number of lots that could have three- car garages could be identified on the final plat rather than this preliminary plat. Boyles: Responded that identification is typically done at the preliminary plat stage. Schweich: Stated that seven lots could have three-car garages. Hedberg: Clarified that Morton and McGuire intended the motion to include that at least seven of the properties would have three-car garages. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-133 AP- PROVING A PRELIMINARY PLAT TO BE KNOWN AS THE BLUFFS OF SHADY BEACH. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Adopting the County Highway 42 Study Land Use and Transportation Plan, Approving Amendments to the 2030 Comprehensive Plan, and Ex- tending an Interim Ordinance Community and Economic Development Director Rogness reviewed the location of the study, existing land use plan, and the proposed amended land use plan. Described the pro- posed land use changes. Discussed the existing and proposed transportation plans. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE A RESOLUTION ADOPTING THE COUNTY ROAD 42 STUDY LAND USE AND TRANSPORTATION PLAN, AMENDING THE 2030 COMPREHENSIVE PLAN, AND EXTENDING AN INTERIM ORDINANCE. Keeney: Commented that the naming of the new use areas (mixed use #1, etc.) is confusing and suggested alternatives. Believes some areas of connecting roadways are problematic such as the Carriage Hills connection to Fountain Hills. Asked about signals vs. full access intersec- tions. Rogness: Responded that staff desires to learn whether there is support for a non-signalized intersection noting that it has been in the Capital Improvement Program for a number of years. Keeney: Believes there is no need to continue the moratorium for parcels that are not in the land use change area. Rogness: Stated that the Council can direct staff to remove some of the property from the moratorium extension. DRAFT 09 09 13 City Council Meeting Minutes 4 Hedberg: Expressed concern about splitting the area into five mixed use areas. Suggested creation of a mixed use designation and identification of how many low, medium, high density and commercial acres there are in total across all of the area. Keeney: Concurred with the concept offered by Hedberg, but questioned whether it would cre- ate an environment where it is most advantageous for the first developer into the area and more difficult for later developers to meet that criteria. Hedberg: Stated the public use areas are underestimated and the residential use acres are overestimated. The property east of Pike Lake should become park land. Rogness: Identified the area that was included for the park. Hedberg: Asked for Council comment about five mixed use districts. Believes that will be diffi- cult to administer. Morton: Concurred. Believes it will be more cumbersome to administer percentages of land use for multiple districts. Soukup: Concurred. Rogness: Believes that suggestion could work to maintain three residences per acre if all acres are combined and a percentage of all added together were calculated. Noted that the rationale for five districts was based on the type of land that exists in different areas and the his- tory of previous guidance. Schwarzhoff: Commented that from a legal perspective if the area is combined in one district, enforcement might result in one large area of commercial and one area of residential. If use districts are created and separate, each piece would have to meet the percentages. Keeney: Asked if language can be used so that any given subdivision would have to meet some percentage. Schwarzhoff: Yes. Keeney: Clarified that as long as it is described properly in the land use designation that any given subdivision must meet percentages, it will meet requirements. Hedberg: Stated he has been assuming that it is more likely that a developer will come in with a PUD in a mixed use development. That designation will give the City control to assure the desired mix. Rogness: Believes PUDs would be a good zoning tool to make these areas come to fruition. Perhaps language can be placed in the Comprehensive Plan that gives strong direction that a PUD is desirable zoning tool. Keeney: Suggested leaving flexibility to allow small parcels outside of a PUD. Even large landowners could sell off their property in small parcels. Suggested that any given develop- ment proposal has to meet our goals of best use of commercial space and residential density numbers. The City wants the right density in the right places. Asked if it will require re-zoning action for most of the parcels and how much discretion the City has. Schwarzhoff: If zoning is consistent with the Comprehensive Plan, it is easy to enforce. It would be difficult to deny development proposals unless there is clear language in the Compre- hensive Plan of how it will work with each development having specified percentages of com- mercial and residential. Keeney: It is our goal to assure an appropriate ratio of commercial to residential. Believes the topic should go back to staff for more work. Soukup: Asked if there is a timeline for taking action. Rogness: Responded that the moratorium ends September 16, 2013. Morton: Asked if the moratorium needed to continue. Rogness: Responded that the advantage of extending it is that applications cannot be submit- ted during the moratorium. If an application were submitted, we would have to process it and if it is consistent with the current Comprehensive Plan, it would be difficult to deny. McGuire: Suggested the plan be sent back to staff and the moratorium extended with the par- cels that will not change removed from the moratorium. Hedberg: Reviewed the parcels that could be removed. DRAFT 09 09 13 City Council Meeting Minutes 5 Councilors Keeney and Morton withdrew the motion and second. MOTION BY MCGUIRE, SECOND BY SOUKUP TO DIRECT STAFF TO REVIEW THE FIVE USE DISTRICTS AND SIMPLIFY THEM; AND TO APPROVE ORDINANCE 113-11 EXTEND- ING THE MORATORIUM TO DECEMBER 31, 2013 EXCEPTING PARCELS IDENTIFIED ON EXHIBIT A OF THE ORDINANCE. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Resolution Adopting Proposed City Budgets and Certifying Pre- liminary 2014 City of Prior Lake Property Tax Levy to Scott County Department of Taxa- tion Finance Director Erickson stated that the City is required to adopt a preliminary tax levy and proposed budget by September 15, 2013. Announced that the 2014 budget will be discussed and citizen input allowed on Monday, November 25, 2013 at 7:00 p.m. in the Council Chambers. Listed the nine budgets included in the 2014 City budget and key points they include. Reviewed discussion from the work session regarding the budget. The proposed preliminary tax levy is a 3.3% increase from 2013. Received notification from MN Department of Revenue that City would be allowed to adopt a higher tax level than proposed. Keeney: Asked if the percentage of increased taxable market value the tax would be spread across just new construction and annexation. Erickson: Replied that the increase in market value is 2.54% with new construction adding $45 million and annexation adding $21 million. Keeney: Asked the amount of the total market value. Erickson: $3.133 billion. Keeney: Asked if there is new information on reserves or estimates of end of year expendi- tures. Erickson: Reviewed the most recent information on revenues and expenditures stating those components could add $700,000 to reserves, resulting in a 4% higher reserve than anticipated in the most recent work session. McGuire: Asked what the maximum levy increase would be. Erickson: Replied that the State estimate shows a$1.8 million increase. Explained how they based their calculation. Morton: Commented that the increase to reserve could cover the proposed year-over-year change. Clarified that the levy adoption becomes the maximum threshold. Hedberg: Commented that a$700,000 surplus would have the City at an approximate 46-47% reserve. Stated a 3.3% tax levy would generate $310,000. Suggested a maximum preliminary levy of $400,000. Soukup: Stated the City had a zero percent tax increase in 2013 and reduced the tax levy by 6.7% in 2012. Have been spending down the surplus over the past few years. Supports a 3.3% or lower tax levy. Keeney: Commented that the tax levy is straight forward and the decisions are really on the budget side and how much will be spent on services. Reviewed proposed increases on spend- ing. Erickson: Responded that greater detail regarding drivers of the budget will be discussed at the November 12 work session. Keeney: Wants to assure that the public has opportunity to hear what is driving the numbers that make up the levy and budget. Noted that the budget includes early payment of some debt service which is a cash flow issue, but not a spending issue. Stated that a driver on the spend- DRAFT 09 09 13 City Council Meeting Minutes 6 ing side is additional staff for increased building activity. Growth of the City also needs to be considered as well as whether we are at the level of service we want. Debt service payments are considered differently than operating expenses. Noted that there have been staff vacancies and expect the year end to come in under on expenditures and over on revenue. McGuire: Stated that the final budget adoption is 90 days from now and the City needs to maintain flexibility. Stated he could support a slightly higher levy than 3.3%. Keeney: Commented that the preliminary tax levy is the number that is published in truth in taxation notices. Hedberg: Stated he will support the levy as proposed. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-134 ADOPT- ING PROPOSED 2014 CITY BUDGETS AND CERTIFYING PRELIMINARY 2014 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-135 ADOPTING PROPOSED 2014 ECONOMIC DEVELOPMENT AUTHORITY BUDGET AND CERTIFYING PRELIMINARY 2014 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. Keeney: Asked if the EDA budget was presented. Erickson: Replied that the EDA information was included in the summary revenues and ex- penditures. It is similar to the 2013 budget with funding for SAC deferral programs factored in, and the tax levy remains at $150,000. Keeney: Stated that funds were shifted from the professional services consulting to fund the SAC deferral program which is basically a loan to pay SAC charges. Long term it will be a re- duction in total expenditures. Erickson: Affirmed it is a loan program where the funding will be reimbursed to the EDA to be used for future loan deferrals or operational expenditures. Hedberg: Added that the EDA directed staff to work with the Technology Village Board to es- tablish what the phase 2 plans would be. Keeney: Asked if funding sources would be limited by the preliminary budget and levy. Erickson: Responded that the budget can be changed in December, but the tax levy will be limited to what is adopted. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OTHER BUSINESS Wildlife Management Plan McGuire stated he has spoken with Mike Vierling who expressed disappointment that the goose hunt could not be conducted. Suggested that the City develop a comprehensive plan for wildlife management. MOTION BY MCGUIRE, SECOND BY SOUKUP TO DIRECT STAFF TO RESEARCH A WILD- LIFE MANAGEMENT PLAN AND BRING A PROPOSAL BACK TO THE COUNCIL Hedberg: Asked that it be done expeditiously so any action could be put into place for those properties and others affected by wildlife. Stated the presenting issue is the mess created by the excess geese. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. DRAFT 09 09 13 City Council Meeting Minutes 7 Keeney: Asked for update about soliciting advisory committee members. Update provided. Encouraged people to apply stating it is a good way to get involved with the City. 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 9:27 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT 09 09 13 City Council Meeting Minutes $