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Home My WebLink About4B - Minutes for 07 02 14 Special Meeting , pRio,p 60114646 Dakota Street SE Prior Lake.MN 55372 SPECIAL CITY COUNCIL MEETING MINUTES ` vxts°�� July 2, 2014 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 8:30am. Present were Mayor Hedberg, Councilors Keeney, McGuire, and Soukup, City Manager Boyles, City Attorney Margaret Evavold, City Engineer/ Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Public Works Superintendent Theisen, Finance Director Erickson, Community and Economic Development Director Rogness, Police Chief O'Rourke, Police Lieutenant Hofstad, Assistant City Manager Meyer, Councilor Morton 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:(i)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. Larry Rundell (15096 Fish Point Road;Member of citizens advisory council of Watershed). Grateful to the City for responding quickly to provide sandbags and sand. Requested that the Council remember Prior Lake is 2 feet above the OHW mark where other lakes are not, and to focus on slowing the water coming into the lake and getting water out of Prior Lake. SPECIAL AGENDA BUSINESS 1. Consider Approval of Resolution 14-103 Extending the Period of Local Emergency Under MN Stat. Sections 12.29 and 12.37. Hedberg: Introduced the agenda item advising that he had enacted a local state of emergency on Monday. The enactment is effective for 3 days after which state law provides that a majority of the City Council must take action if it wishes to extend the declaration of local state of emergency. Gehler: Discussed City priorities to protect infrastructure, particular areas impacted, sandbagging efforts, coordination of services to homes, and current risks being monitored. City staff has been working to protect infrastructure, trying to help property owners when possible. Thanked Prior Lake Aggregate who has donated tons of sand with City staff delivering to homeowners. Soukup: Asked if Prior Lake can be closed in order to minimize lake impact. Todd Beck(Scott County Deputy Sheriff): Explained that he has worked with the DNR for a number of years. The Lake can be closed for thin ice or hazardous bacteria, but there is no statutory authority in this case to close the lake. The DNR accesses could be closed, but at this point there is no plan to close the public access. 1 Keeney: Believes boaters have been respectful of Slow No Wake. Asked if there have been enforcement issues. Beck:Advised that accesses are difficult to use because they are flooded, and that lake use is down in general. Explained that most of the enforcement has been educating boaters on No Wake standards, which is typical any time a No Wake is in place. Keeney: Asked how many homes would be impacted if the sandbagging was not in place. Gehler: Estimated about 30-40 homes. Keeney: Asked about long term impact. Gehler: Explained that it is hard to predict. The sooner the water is out the better, and we will be able to better evaluate any damage. Lynch: Explained that for the water level to decrease will take several weeks, but that the good news is that the levels are slowly decreasing. Hedberg: Asked about the process or feasibility of sandbagging the outlet from Spring Lake to Prior Lake to slow the amount of water incoming. Lynch: Explained that the Watershed would need a permit from the DNR. In the past the Watershed has received one permit to do that, but a second request was denied in 1993. A request can be made for 2014 by one of the Watershed partners, but it really just moves the problem from one set of properties to another. Support for the permit would have to be supported by all parties to the Watershed, and ultimately approved by the DNR. The DNR has 30 days to issue the permit. Hedberg: Asked if any individual party of the JPA demand that the outlet from Prior Lake be closed. Lynch: Advised that any partner within the Watershed can make the request, but no one body can unanimously determine to close the outlet channel. Keeney: Suggested taking action to enact a sandbagging effort of the Spring Lake weir and getting the DNR permit immediately. Asked if this could be done immediately given the emergency declaration, and get the permit later. Evavold: Advised that the action probably could not be taken without the DNR permit. Lynch: Explained that the Watershed Board would consider the request, and all partners would need to be in support. In addition, all the potentially impacted property owners on Spring Lake would need to agree. Believed it could be a matter of days. Keeney: Believes more significant rainfall would push the lake level higher yet. McGuire: Asked what kind of potential damage are we talking about for property owners on Spring Lake. 04 28 14 City Council Meeting Minutes 2 Lynch: Noted there are three property owners immediately adjacent to the outlet from Spring Lake. The impact is unknown until staff or a consultant can complete modeling. Hedberg: Believes the DNR and Army Corp of Engineers never intended for the outlets to be flood-proofing, but rather flood mitigation. The outlet has functioned exactly as intended. Believes eventually we need to make some decisions about flood mitigation vs. flood control that go beyond the scope of today's meeting. McGuire: Asked what the requirements are for special meeting notice in an emergency event. Evavold: Advised that if it is truly an emergency situation the notice requirements do not have to be met. Keeney: Asked what the emergency declaration provides the City. Boyles: Explained that the intent is to not sacrifice the speed at which the City can take action for the sake of process. Purchasing is an example; and it also allows staff to enter impacted homes to expedite emergency repairs to private sewer, electrical or similar services if the owner cannot be reached. Keeney: Commented that he is sensitive to reducing process, and asked if there is an estimate as to the monetary impact to date. Gehler:Advised that preliminary estimates were developed for FEMA, and including sandbagging and staff time the cost is now at approximately$130,000. Hedberg: Commented that his understanding is that in order to qualify for FEMA, assessed damages have to be collected to qualify for FEMA funds both at a state and county level. The damage can't fully be assessed until the waters recede. This declaration of emergency is an indication to those agencies that there are losses. Boyles: Advised we also may have repairs to streets or other infrastructure that may impact short and long term costs. McGuire: Asked if by passing the resolution the Council is giving its authority to the Mayor. Evavold: Explained that there are no unique powers granted to the Mayor, but that the resolution gives the City Manager the power to acts expeditiously. Further explained that entering into private property needs to be done only in an imminent emergency and, if possible, staff should make every attempt to contact the property owner. MOTION BY KEENEY, SECOND BY MCGUIRE, TO DIRECT A REQUEST TO THE WATERSHED TO REQUEST A PERMIT FROM THE DNR SO THAT THE WATERSHED CAN SANDBAG THE OUTLET FROM SPRING LAKE INTO PRIOR LAKE AS LONG AS OTHER PROPERTIES ARE NOT DAMAGED. Hedberg: Believed we should be very careful because it sets a precedent for other bodies to make the same request of the outlet from Prior Lake. 04 28 14 City Council Meeting Minutes 3 VOTE Hedberg Keeney McGuire Morton Soukup Aye ® 0 Nay ❑ 0 ❑ ❑ Abstain 0 0 ❑ ❑ ❑ Absent ❑ 0 ❑ ® ❑ The motion carried. MOTION BY MCGUIRE, SECOND BY SOUKUP, APPROVING RESOLUTION 14.103 EXTENDING THE PERIOD OF LOCAL EMERGENCY UNDER MN STAT. SECTIONS 12.29 AND 12.37 FOR A MAXIMUM OF 30 DAYS. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® ® ® 0 Nay 0 0 ❑ ❑ ❑ Abstain 0 0 0 0 ❑ Absent 0 0 ❑ ® ❑ The motion carried. Hedberg: Pleaded that lake users stay off of Prior Lake and observe caution in the impacted area. Also noted that the 4th of July boat parade is cancelled and the fireworks have been relocated to the upper parking lot at Lakefront Park and the Park will be the best place to watch. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MCGUIRE and seconded by KEENEY. The motion carried and the meeting adjourned at 9:21am. (1 /f Frank: . s, ity Manager 04 2814 City Council Meeting Minutes 4