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HomeMy WebLinkAbout2 - Minutes from 06 09 14 (Ot.-.PRI(34 4646 Dakota Street SE \\........ Prior Lake. MN 55372 REGULAR CITY COUNCIL MEETING MINUTES l'iINNESo�P June 9, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, and Morton, City Manager Boyles, City Attorney Rosow, City Engineer/ Inspections Director Poppler, Public Works/ Natural Resources Director Gehler, Finance Director Erickson, Community and Economic Development Director Rogness, Police Chief O'Rourke, and Assistant City Manager Meyer. Councilor Soukup 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 governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing,not at public forum. Therefore, topics may not be addressed at public forum if. (1)the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not taken action on the topic;or(ii)if the topic is the subject of a scheduled or continued public hearing or public information hearing on the current agenda or at a future meeting before the City Council or any City Advisory Committee. During public forum,a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. 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: Shane Cheever(2805 Hawk Ridge Road, Prior Lake): Noted concern about the vacant lot that is located at 2803 Hawk Ridge Road which is adjacent to his home. Advised that trucks are hauling and dumping dirt on the lot and that there is no grading permit. Concerned about erosion particularly given the wet weather conditions. Poppler: Commented that staff is aware of the situation and has contacted the developer. The developer intends to move the dirt which requires a permit so that erosion control is in place. Explained that the penalty to the developer for not getting a permit originally is a double permit charge. Mayor Hedberg asked that staff be sure to follow up with Mr. Cheever on the progress. APPROVAL OF AGENDA Boyles: Advised that 5H is requested to be removed from the agenda by the Developer. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE AGENDA AS AMENDED. Hedberg: Asked if item 5H should be deferred to a date certain. Rosow: Advised that the developer suggested the plat would be ready for the next meeting, and that no action is necessary. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® 0 Nay 0 0 0 0 0 Abstain 0 0 0 0 0 Absent ❑ 0 0 0 IZ The motion carried. 1 APPROVAL OF MEETING MINUTES MOTION BY KEENEY , SECOND BY MORTON TO APPROVE THE MINUTES OF THE MAY 27, 2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® o ® ® ❑ Nay ❑ ❑ ❑ ❑ E Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ZI 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 Refuse Hauler Permit Renewals for 2014-2015. C. Consider Approval of Resolution 14-090 Approving Liquor License Renewals for 2014-2015. D. Consider Approval of Resolution 14-091 Approving a Memorandum of Understanding (MOU) with the Shakopee Mdewakanton Sioux Community(SMSC) for Liquor Sales on Meadows at Mystic Lake. E. Consider Approval of Resolution 14-092 Approving a Temporary Liquor License for the 2014 Lakefront Music Festival. . F. Consider Approval of Resolution 14-093 Approving a Registered Land Survey for Property Located at County Highways 17 and 82. G. Consider Approval of a Resolution Authorizing Extension of the Deadline for Recording a Final Plat and Development Contract for the Bluffs of Shady Beach. I=1— I. Consider Approval of Building Permit Monthly Report for April 2014. Items Removed: 5G Consider Approval of a Resolution Authorizing the extension of the Deadline for Recording a Final Plat and Development Contract for the Bluffs of Shady Beach (Hedberg). MOTION BY MCGUIRE , SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® 0 ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ 0 Absent ❑ 0 ❑ ❑ IZ The motion carried. PRESENTATIONS: 6A. Presentation: Recognition of Judy Pint Poppler: Introduced the agenda item and noted some of Ms. Pint's contributions, including organization, patience, and customer service over her 27 years of service. Further noted some of the changes that have taken place since 1987 when Judy first started with the City. The Mayor presented Ms. Pint with a plaque recognizing her 27 years of service to Prior Lake. Pint: Commented how much she has enjoyed her work and her co-workers at the City, and how she has a vested interest in Prior Lake since she has lived here her whole life. Stated that although there have been many 04 28 14 City Council Meeting Minutes 2 changes, she is proud of what Prior Lake has become, and she will miss her relationships with the customers and co-workers. PUBLIC HEARINGS: NONE OLD BUSINESS 8A. Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing for Consideration of the Stemmer Ridge Road Improvement Project(City Project#TRN-2014-0003). Poppler: Noted that a revised resolution had been distributed to Councilmembers that sets a new public hearing date for August 11, 2014 at 7pm. Jason Wedel (WSB &Associates): Reviewed the agenda item in connection with the staff report. Discussed the project objectives, project area, existing conditions, alternatives, pros/cons, funding, preliminary assessments, and timeline. Further advised that some discussion had occurred with the SMSC, who is one of the property owners in the area, on their plans and how City sewer/water services could be accommodated across their property. Keeney:Asked how Howard Lake Road would be treated. Wedel: Advised that the affected portion of Howard Lake Road would be vacated and returned to the adjacent property owners. Hedberg: Asked if Parcels 1 and 20 owned by the SMSC would be assessed. Wedel: Confirmed, advising that the discussion at the Assessment Review Committee meetings was that these properties should be treated the same as others in the area. This particular property is held by the SMSC in fee title rather than trust. Keeney:Asked if there were other solutions to installing duplicate sewer/water by both the SMSC and City across the SMSC property. Poppler: Advised that the SMSC may attend the public hearing, or the City could explore additional collaborations with the SMSC. Keeney: Suggested that the City be proactive about finding a collaborative solution. Hedberg: Suggested that the City Manager be directed to initiate a discussion with the SMSC Tribal Administrator. Further clarified that the City normally takes the position that this type of infrastructure construction is driven by development, but in this case the Council believes this particular segment is important to install sooner rather than later in order to facilitate development in the annexation area. Morton: Advised that the Assessment Review Committee had a lot of discussion and pushed the staff to come up with alternatives and solutions. Believes it is important to get the sewer/water infrastructure in place but is not yet committed to the roadway. Seeks additional input at the public hearing. 04 28 14 City Council Meeting Minutes 3 McGuire: Would support moving forward with Alternative 1 at this time, noting that based upon the public hearing comments the Council would still have the flexibility to cut back the project at that time. Asked for clarification of the public hearing process if another alternative were selected at this time. Rosow: Clarified that to choose Alternative 2 or 3 and then after the public hearing make the decision to go back to Alternative 1 would require an additional public hearing. Morton: Believes that Alternative 1 is how the resolution is written, and would support that action in order to proceed to the public hearing. Hedberg: Asked about the environmental review required for this project. Wedel: Advised that an Environmental Assessment Worksheet is required and has been completed. The EAW has been submitted to the MPCA and we are awaiting feedback. No issues are anticipated. Keeney: Asked if there are existing property owners that would be impacted. Wedel: Noted that the Micko residence (15840 Howard Lake Rd NW)would be impacted as they are currently on well/septic. The farm property would be impacted at the time of development. The SMSC property is undeveloped. MOTION BY MCGUIRE, SECOND BY MORTON APPROVING RESOLUTION 14.094 ACCEPTING THE FEASIBILITY REPORT AND SCHEDULING A PUBLIC HEARING ON AUGUST 11, 2014 at 7PM FOR CONSIDERATION OF THE STEMMER RIDGE ROAD IMPROVEMENT PROJECT (CITY PROJECT#TRN- 2014-0003). VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® Z Z ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ 0 0 ❑ The motion carried. MOTION BY HEDBERG, SECOND BY KEENEY, DIRECTING THE CITY MANAGER TO INITIATE CONVERSATIONS WITH THE TRIBAL ADMINISTRATOR ON POSSIBLE SOLUTIONS TO INSTALLING DUPLICATE SEWER/WATER INFRASTRUCTURE ACROSS THE SMSC PROPERTY. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® Z Z ❑ Nay ❑ ❑ 0 ❑ ❑ Abstain ❑ ❑ ❑ 0 ❑ Absent ❑ 0 0 0 The motion carried. NEW BUSINESS 9A. Consider Approval of an Ordinance Amending Subsections 1101.1000 (Land Use Descriptions) and 1104.307 (Additional Special Provision, Shoreland Regulations)of the City Code Relocated to Marinas and Controlled Access Lots. 04 28 14 City Council Meeting Minutes 4 Rogness: Reviewed the agenda item in connection with the staff report, including the Task Force review and proposed ordinance amendments. Further discussed specific impacts of the proposed changes, including splitting the definition of marinas into commercial marinas and recreational marinas, and combining all conditions in the Shoreland ordinance. In terms of permitting, the DNR remains responsible for commercial marinas, and the ordinance sets a max number for slips for recreational marinas that would be enforced by the City. Also discussed the changes in the definition of controlled access lots and the maximum of 1 boat slip for every 12.5 feet of shoreline that is at the same width. Standard 75' single family lake lots are permitted 6 slips. Provided examples of how the ordinance changes would be applied to certain lots. Current permits from the DNR would be grandfathered in, including in reconfigurations, but controlled access lots would not be able to increase the number of slips. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE ORDINANCE XXX-XX AMENDING SUBSECTIONS 1001.1000, 1104.307, 1102.503, and 1102.1103 OF THE CITY CODE RELATED TO MARINAS AND CONTROLLED ACCESS LOTS. Keeney: Asked for clarification on how the permits would be implemented. Rogness: Advised that staff would develop baseline records for all controlled access lots based upon existing permits, and note what would be permitted under the new ordinance. The staff would then need to inspect configurations every 3 years to assure compliance with the original permits. If non-compliance existed, the new permit would become effective. Keeney: Asked if there is a fee for the permit. Rogness: Advised it has not been discussed at the task force level, but it is likely a fee would be incorporated into the Council's 2015 fee schedule. Rosow: Proposed substituting the language"all legal conforming" rather than "non-compliant" at#8 of the proposed ordinance amendment. MOTION BY KEENEY, SECOND BY MORTON, ACCEPTING THE CITY ATTORNEY AMENDMENT TO#8 OF THE PROPOSED ORDINANCE. VOTE Hedberg Keeney McGuire Morton Soukup Aye 0 ® ® 0 ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ zi The motion carried. Keeney: For#1 of the proposed ordinance defining mooring, asked if the definition includes ramps on the shoreline or boats on lifts. Rogness: Confirmed that staff would likely interpret those items to be moorings. Rosow: Asked if"free-floating"describes the type of watercraft or state of the watercraft at that time. Morton: Suggested identifying all areas with questions and send it back to staff for clarifications rather than trying to come to consensus on language changes at this time. 04 28 14 City Council Meeting Minutes 5 MOTION BY KEENEY, SECOND BY MCGUIRE, TO DIRECT STAFF TO CONSIDER THE COUNCIL DISCUSSION AND FURTHER CLARIFY THE DEFINITION OF MOORING AND BRING THE ITEM BACK TO THE COUNCIL AT ITS NEXT MEETING. MORTON WITHDREW THE ORIGINAL MOTION TO APPROVE THE ORDINANCE, MCGUIRE WITHDREW THE SECOND. Keeney:Asked if the recreational marinas and controlled access lots are required to have restrooms. Rogness: Advised that it is not currently required because each situation is different and it is difficult to impose a comprehensive rule. Keeney:Advised he would support a requirement to have seasonal restroom facilities required for recreational marinas and controlled access lots. Hedberg: Commented that often it depends on the circumstances of the HOA. In the case of The Harbors,for example, it would make no sense to have a portable toilet since the homeowner residences are in close proximity. Keeney: Advised that in that case perhaps the requirement could be met because of the proximity of permanent facilities. MOTION BY KEENEY, SECOND BY HEDBERG, TO CONSIDER REQUIRING SEASONAL RESTROOM FACILITIES FOR RECREATIONAL MARINAS AS PART OF FURTHER REFINING THE PROPOSED ORDINANCE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. Keeney: Concerned if the Ordinary High Water mark is used to determine number of slips since it fluctuates. Rogness: Clarified that the OHW affects the setback for the parking in a recreational marina, rather than the number of slips. Other items are considered for the number of slips such as obstructing navigation of other boats, water depth, etc. Hedberg: Asked how many situations exist where this type of use could be permitted. Rogness: Advised there are several vacant areas but none are zoned R2 or C2, which is required for a recreational marina. A number of amendments would be required before a conditional use permit could even be considered. Some townhome associations could, if zoned R2, apply for a recreational marina permit but would need to meet other requirements, such as parking. In most townhome associations, the parking requirement would likely not be met. Suggested that staff could research what properties might be eligible and bring that information back to the Council. 04 28 14 City Council Meeting Minutes 6 Rosow: Advised that if a situation presented itself where a dock did not meet the requirements of the ordinance, to enforce the denial the staff would have to quantify its finding of non-compliance by outlining all of the relevant facts that, when considered as a whole, could be the basis for why a permit has been denied. FINAL VOTE ON MOTION DIRECTING THIS ITEM BACK TO STAFF INCLUSIVE OF THE OTHER DIRECTION AND DISCUSSION ITEMS. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: 5G Consider Approval of a Resolution Authorizing Extension of the Deadline for Recording a Final Plat and Development Contract for the Bluffs of Shady Beach. Rogness: Explained that the owner/developer requested an extension to file the final plat and development contract to accommodate a financial transaction that would allow them to pay the required securities under the development agreement in cash. Advised that the developer would likely be comfortable changing the deadline to 30 days rather than 60 days. MOTION BY HEDBERG, SECOND BY MCGUIRE TO APPROVE A RESOLUTION 14-095 GRANTING A 30 DAY EXTENSION FOR THE BLUFFS OF SHADY BEACH. Hedberg: Further commented that given the wet spring an earlier deadline is important in order that the development can move forward and the construction completed. It is important to minimize the disruption to the neighborhood and the impacts to the lake. VOTE Hedberg Keeney McGuire Morton Soukup Aye o ® ® ® ❑ Nay E ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS Executive Session to Discuss Pending Litigation Related to Prior Lake Mini-Storage v. City of Prior Lake. The City Council adjourned to Executive Session at 8:50pm. The Council meeting reconvened at 9:30pm. The Mayor advised that the staff and City Attorney had provided an update on the pending litigation. 04 28 14 City Council Meeting Minutes 7 No Wake in Effect The Mayor advised that No Wake restrictions were now in place, and that the lake level needs to be below 904' for 3 consecutive days before the No Wake restrictions would be lifted. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON and seconded by MCGUIRE. The motion carried and the meeting adjourned at 9:31pm. Frank Boyles, City Manager 8 04 28 14 City Council Meeting Minutes