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HomeMy WebLinkAbout4A - 07 28 14 Council Minutes .4):,. Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES iltiNNEso-o- July 28, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Soukup, City Manager Boyles, Assistant City Manager Meyer, City Attorney Rosow, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehier, Community and Economic Development Director Rogness, Police Chief O'Rourke, and Executive Assistant Dull. 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. Comments: Boyles: Reviewed the process for the public forum. Glenn Kelley (Spring Lake Township Town Board, Spring Lake wake restrictions): Stated original intent of Resolution was to allow shorelines to heal. However, at the current level, not sure the wake would impact the shoreline. Suggested removing the wake restrictions and consider either a 150 feet from shoreline restriction or a scale of elevations to create a longer distance from shore when there are higher lake levels. Also suggested that if restrictions are removed, enforcement should be increased. Noted he was Optimistic that Spring Lake Township Town Board would approve removal of no wake except for 150 feet from the shoreline at the August 1St special meeting. Randy Baldwin (2535 Spring Lake Rd., Spring Lake wake restrictions): Noted he has been on the lake for 27 years and asked for reasons why restrictions were in place stating the City was setting bad precedent. Noted levels were lower than they had been all year and wake was no longer damaging. Requested restriction be lifted. Marti Au ringer(3019 Spring Lake Rd, Spring Lake wake restrictions):Commented she was sympathetic to those with damage and no wake on Spring Lake made sense while waters high. However, there was no proof that the wakes were creating soil erosion. Noted water was down and homeowners should take responsibility for their own soil erosion.Added that only a few complained of erosion and requested the restriction be lifted. Mike Schipper(2883 Spring Lake Rd, Spring Lake wake restrictions): Commented he was affected by high water and lost his retaining wall. However, the lake was below normal levels now and there was no further damage to be had and no significant chance for further erosion. Encouraged consideration of lifting no wake but also how to handle flooding in the future. 1 John Craig (2855 Spring Lake Rd. Spring Lake wake restrictions): Stated he has been a resident of Spring Lake all of his life and that the water was decreasing. Also commented that further damage was from wind created waves not watercraft created waves and he supported removal of the wake restrictions for the remainder of the season. Herb Schulte (17388 Vegus Ave, Spring Lake wake restrictions): Commented he has seen variations in water levels and noted that current levels were ideal. Directed the Council to a website comparing wake versus wind erosion and encouraged the Council vote to lift the restrictions. Brad Lindaman (2815 Spring Lake Rd., Spring Lake wake restrictions): Stated he has been on the lake since 1988, was a professional civil engineer, and has worked as a watershed engineer since 1992. Displayed a map of the watershed showing consistent decline in water levels. Stated the no wake was no longer appropriate and lake would not raise much, if at all, from blocking the weir. Advised that given the rate of increase, it would take about 2 months to get over the block not considering evaporation rates. Also noted there was not an increase of boat traffic and stated he strongly supported removing wake restrictions on Spring Lake for these reasons. Lauren Huntington (3004 South Shore Cir., Spring Lake wake restrictions): Noted she had been on the lake for 18 years and on the lake advisory board for 6 years. Commented that when water was a problem, no wake restrictions on Spring Lake were great. However, the water is no longer an issue and supported lifting the no wake restriction to allow residents to enjoy the rest of the summer. Mary Kay Kubat(14399 Watersedge Tr., flooding): Thanked the City for help clearing the road and for blocking the outlet.Stated her issue was that it took more than three weeks for action and the Council should be concerned with the response time in emergency situations. Suggested the watershed district may not be the right direction to get something done quickly in an emergency. Also noted that volume management was the watershed's responsibility but on the watershed district's website, the last entry was in 2011. Recommended exploration of other outlet channels to manage water volume and flow better moving forward.Also recommended implementing new solutions for Spring Lake and suggested permanently blocking the man-made channel to stop the flow. Requested the Council consider planning for future flooding. Lauren Hansen (2800 South Shore Dr., Spring Lake wake restrictions): Agreed that wake could be lifted but her biggest complaint was lack of enforcement of no wake restrictions. Commented there were violations almost daily but sheriff's confirmed no enforcement on the weekend due to county fair. With no others interested in speaking, Mayor Hedberg closed the Public Forum at 7:28 p.m. APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ 0 0 0 0 Abstain 0 0 0 ❑ ❑ Absent 0 0 0 0 ❑ The motion carried. APPROVAL OF MEETING MINUTES A. Consider Approval of July 14, 2014 City Council Meeting Minutes. 07 28 14 City Council Meeting Minutes 2 MOTION BY SOUKUP, SECOND BY MORTON, TO APPROVE THE MINUTES OF THE JULY 14, 2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye N E E a E Nay ❑ ❑ ❑ ❑ 0 Abstain 0 0 ❑ 0 0 Absent 0 0 0 ❑ 0 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 Treasurers Report. C. Consider Approval of Building Permit Summary Report. D. Consider Approval of Animal Control Report. E. Consider Approval of Fire Department Report. F. Consider Approval of Police Department Report. G - Consider Approval of Resolution Accepting Quarterly Donations and Grants. H. Consider Approval of Resolution Waiving Plat Requirements for Berens Bus Garage. I. Consider Approval of a Massage Therapy License for Jessi Pasvogel. Items Removed: 5G, Consider Approval of a Resolution Accepting Quarterly Donations and Grants. MOTION BY MORTON,SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 5G. VOTE Hedberg Keeney McGuire Morton Soukup Aye N a E E E Nay 0 0 0 0 0 Abstain 0 0 0 0 0 Absent ❑ 0 0 0 0 The motion carried. PRESENTATIONS: NONE PUBLIC HEARINGS: NONE OLD BUSINESS: 8A. Consider Approval of a Resolution Authorizing the Purchase of Property Located at 4577 Colorado Street SE, Prior Lake. Boyles: Reviewed the agenda item in connection with the staff report dated July 28, 2014. Staff recommended approval of a resolution authorizing the purchase of 4577 Colorado Street SE at a purchase price of$114,900 plus closing costs. Soukup: Requested clarification of whether there would be a memo or a specifically identified line item for the purchase of the property to ensure tax dollars being used in the most effective way and that items are being tracked appropriately. 07 28 14 City Council Meeting Minutes 3 Keeney: Agreed with voluntary sales of properties where possible and identification of purchases as a cost of anticipated projects. However, did not support the suggested roadway alignment and therefore, did not support the purchase of the property. Commented that there seemed to be a desire to live in the neighborhood and he saw potential in keeping in residential. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO ADOPT RESOLUTION NO. 14-114 AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT 4577 COLORADO STREET SE, PRIOR LAKE, MN AND REQUESTING A COST COMPARISON CONTAINING ACTUAL COSTS TO BE PRESENTED TO COUNCIL AT A FUTURE MEETING FOR FURTHER CONSIDERATION OF RENTAL VERSUS DEMOLITION. VOTE Hedberg Keeney McGuire Morton Soukup Aye ® E Z E Nay ❑ ® ❑ a ❑ Abstain ❑ E ❑ ❑ ❑ Absent E ❑ ❑ ❑ ❑ The motion carried. MOTION BY SOUKUP, SECOND BY MCGUIRE, TO DIRECT STAFF TO PROVIDE A LIST TO COUCIL CONTAINING ACTUAL COSTS TO CONSIDER RENTING THE PROPERTY AND CREATE A SEPARATE LINE ITEM FOR THE PURCHASE. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ E ❑ E The motion carried. Keeney: Suggested staff prepare a memo for a work session. NEW BUSINESS 9A. Consider Approval of a Resolution Authorizing City Staff to Negotiate the Acquisition of Property Located at 4664 Dakota Street SE. Rogness: Reviewed the agenda item in connection with the staff report dated July 28, 2014. Staff recommended approval of a resolution authorizing city staff to negotiate the purchase of property at 4664 Dakota St. SE. Keeney: Related discussion from the July 21, 2014 EDA meeting noting the various possibilities for the site. Commented that purchase of the property was an opportunity to compliment the downtown area and agreed with using TIF for funding. Suggested that after acquisition,the asset be transferred to the EDA to lead redevelopment. Hedberg: Commented the highest and best use of the property was redevelopment and that the property was significantly different than the properties to the west of City Hall. Supported the purchase. Morton: Inquired whether a not to exceed amount should be included in the resolution. Rogness: Staff did not recommend including a maximum and advised they would negotiate a price beneficial to the City. Noted staff would return to Council for approval of the negotiated price and purchase agreement. Also, the building inspector would complete an inspection similar to the property on Colorado Street. • 07 28 14 City Council Meeting Minutes 4 MOTION BY KEENEY, SECOND BY MCGUIRE, TO ADOPT RESOLUTION NO. 14-115 AUTHORIZING CITY STAFF TO NEGOTIATE THE ACQUISITION OF PROPERTY LOCATED AT 4664 DAKOTA STREET SE. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B. Flooding Update. Gehler: Displayed maps of neighborhoods that suffered significant flooding and noted that certain areas were in a monitoring status. Advised that public works was beginning to receive calls for removal of sandbags and anticipated more coming. Also stated that if water has touched sandbags, they should be considered contaminated and be disposed of accordingly. Requested residents refrain from parking on roads with sandbags and narrowed street width and noted that garbage hauling at specific neighborhoods would continue. Provided water levels of both Prior Lake and Spring Lake as well as additional details regarding the weir and DNR permit obtained. Also reviewed the calculations for water increasing and receding on Spring Lake and Prior Lake and factors used for equations. According to calculations, it should take between 18-26 days to achieve the 903 elevation. Currently, no wake restrictions remain in place and explained the resolution previously passed and when wake restrictions were scheduled for removal.Commented the City has been receiving permits for shoreline restoration and noted that anything below the high water level would require DNR permit.Added that public works would work on updating watershed modeling which would afford a better understanding of the watershed and allow for better planning for flood events. Explained the resolution presented was a modified resolution removing no wake restrictions on Spring Lake except that no wake restrictions would continue on Spring Lake within 150 feet of the shoreline. Soukup: Noted photos displayed at the July 14, 2014 Council meeting of a berm in the Watersedge area and commented that the berm seemed to be washed away over time. Also stated the 100 year flood seemed more like a 15-20 year event. Requested the City evaluate the economic criteria to consider reinstalling the berm as the area was likely to flood again. Also suggested creating a task force to create a plan to deal with flooding and increase reaction times in future and stated that part of the long range solution could be to expedite the weir installation process. Another suggestion was for the City to work more closely with DNR and County to increase no wake enforcement. Also inquired why Scott County was not a part of the first counties declared disasters by FEMA. Gehler: Advised the Watersedge roadway was reconstructed in 2011 and the berm was replaced at the same level as it was prior to the reconstruction project. Also noted that FEMA evaluates public infrastructure and disaster relief was for that, not private property damage. McGuire: Supported modification of the Spring Lake no wake restrictions and suggested Council engage in work session to prepare a management plan for the future. Keeney: Inquired about total City cost for flood mitigation. Gehler: Commented that she didn't have a total available but stated that public works street and utility staff spent at least two weeks working only on flood and noted that there was some back log in regular duties. 07 28 14 City Council Meeting Minutes 5 Keeney: Noted comments in the paper over the weekend suggesting that City only spent two hours on flood issues. Stated City's response was to mitigate and protect infrastructure, change the flow of the channel, and aid residents where possible. Commented that City staff were out at 11:00 p.m. on a Friday night continuing to work on pumping water after having been there in water all day. Gave credit to staff, volunteers, and everyone helping in the efforts as it went well beyond the two hours quoted in the paper. Stated everything else had to keep running also and there was significant hours and dollars put into the flooding efforts. Hedberg: Relayed information regarding City contributions toward flooding which included, but was not limited to: 1. 125,000 bags at.25 per bag=$31,250;2.2,600 tons of sand donated(estimated at approximately$16,000- 17,000) that staff delivered within minutes of the request; 3. Jersey barriers at $8,800 to rent; 4. 18-20 staff members and about 2,000 hours for sandbagging, operating pumps, removing refuse, etc. Noted that people in flooded areas were very stressed and rightfully so but, staff went over and above and out of their way to help where possible. Stated maybe Council and administration didn't act with enough urgency but the blocking of Spring Lake may not have been done any quicker due to the DNR process still in place. Added that watershed submitted the request within a day of the Council's action. Commented the process took longer than anyone would have liked but there were legitimate requirements that had to be completed. Also stated it couldn't be blocked immediately otherwise Spring Lake would have also flooded. Suggested holding a joint work session with watershed district and Spring Lake Town Board to develop a management plan. Thanked Katy Gehler, Jake Theisen, and public works, public safety, and fire department staff for all of their work. McGuire: Confirmed proposed resolution would lift no wake on Spring Lake except within 150 feet of shoreline contingent upon Spring Lake Town Board approval. Morton: Inquired whether the proposed 150 foot restriction was enough. Keeney:Thought distance wouldn't have much effect and boaters shouldn't be going that fast that close to shore. Stated the number was reasonable for no wake and suggested looking at permanent no wake 150 feet from shoreline was appropriate. Gehler: Advised DNR permit allowed for 150, 300 or 600 feet from shoreline. Boyles: Noted that Prior Lake had 150 foot restrictions with exceptions and asked whether the proposed resolution would include similar exceptions. Gehler: Confirmed language would mimic part of the language in the ordinance. MOTION BY MCGUIRE, SECOND BY KEENEY, TO AMEND RESOLUTION NO. 14-116 MODIFYING THE RESOLUTION ENACTING EMERGENCY TEMPORARY SLOW NO-WAKE RESTRICTIONS ON PRIOR AND SPRING LAKES TO INCLUDE EXCEPTIONS FROM CITY OF PRIOR LAKE ORDINANCE. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ 0 ❑ 0 Abstain 0 0 ❑ 0 0 Absent 0 0 ❑ ❑ ❑ The motion carried. 07 28 14 City Council Meeting Minutes 6 MOTION BY MCGUIRE, SECOND BY KEENEY, TO ADOPT RESOLUTION NO. 14-116 MODIFYING THE RESOLUTION ENACTING EMERGENCY TEMPORARY SLOW NO-WAKE RESTRICTIONS ON PRIOR AND SPRING LAKES AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ 0 0 0 0 The motion carried. Hedberg: City staff will provide the approved amended resolution to the Spring Lake Town Clerk prior to Friday, August 1st meeting. ITEMS REMOVED FROM CONSENT AGENDA: Keeney: Reviewed item 5G, listed each of the organizations, individuals, and businesses that donated to the community, and thanked them for their donation. MOTION BY KEENEY, SECOND BY MCGUIRE, TO ADOPT RESOLUTION NO. 14-117 ACCEPTING DONATIONS AND GRANTS TO THE CITY DURING THE 2ND QUARTER OF 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye El Z Nay 0 ❑ 0 0 ❑ Abstain 0 0 ❑ 0 0 Absent 0 0 ❑ 0 0 The motion carried. OTHER BUSINESS/COUNCILMEMBER REPORTS: Hedberg: Noted the Prior Lake Lakefront Days medallion was found. Meyer: Stated the Loechler family found the medallion at Pike Lake Park and received a$200 cash prize.Added that Lakefront Days were August 7-9. 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 8:40 p.m. Fran�k^-:' s, ity Manager 07 28 14 City Council Meeting Minutes 7