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HomeMy WebLinkAbout07 14 14 City Council Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES July 14, 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 Attorney Johnson, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Finance Director Erickson, Community and Economic Development Director Rogness, and Police Chief O’Rourke. 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. Greg Simon (5722 Graystone Court SE, Deerfield Addition): Concerned with allowing pole barns in the Deerfield Addition and inquired whether any research was completed regarding the effects of pole barns next to concrete buildings, how much tax revenue the City may lose as a result of allowing pole barns, and how pole barns would affect future potential business occupants that may not want to be located near a pole barn. Requested research on effects of pole barns but would ultimately like them prohibited. Dwayne Stuckey (14432 Watersedge Tr. NE, flooding): Inquired about the City’s lack of sandbagging and pumping of the Watersedge area noting it was underwater. He understood the City or someone else sandbagged and pumped other areas and requested immediate action by the City to sandbag and pump water. Vicki Klasel (14484 Watersedge Tr. NE, flooding): Requested the City facilitate and conduct sandbagging and pumping efforts of the Watersedge area. Noted that she had to wade in deep water and take a boat to get to and from her house and was concerned with the safety of her neighbors as emergency vehicles would not be able to get to the homes due to flooding. Also noted that everyone has sandbags around homes and there is no wake. However, less than half the boats adhere to the no wake policy and only one sheriff has been seen on the lake. She requested increased efforts to ticket those not obeying the no wake policy. Teresa Shepherd (1066 Harvell Dr., Apple Valley, flooding): Daughter is Ms. Klasel. Her concern was for a Prior Lake resident in a wheel chair in the Watersedge area that required daily care noting that the flooding and boat transportation has made it difficult. Also commented that emergency services could not reach the Watersedge residents in an emergency situation. 1 Ron Ellingson (14316 Watersedge Tr. NE, flooding): Disappointed at the number of watercraft going in and out of the bay and trying to take pictures of the damage and sandbags. He stated additional sheriffs would help cut down on the number of boats in the area. Don Bergman (5227 Frost Point Circle, flooding): Stated that according to the website, water levels at Spring Lake have dropped 24 inches since high water. However, Prior Lake has only dropped about 6 inches. Sand bagging Spring Lake’s outlet was denied by the state. He suggested Spring Lake retain some of the water until Prior Lake gets better and inquired why the state denied the sand bag request. He also requested a larger outlet as the existing was inadequate and suggested a spillway noting other bodies of water had spillways except them. He commented that the MN DNR seems to have the right to tell residents that water is better served in basements, backyards, and streets instead of going out via spillway in the Minnesota River. Steve Reinders (5700 Fairlawn Shores Tr., flooding): Commented he was the face behind the Facebook 2014 flood page and thanked everyone for the great experience of having everyone come together and help out and for the wonderful opportunity to serve the City. Jim Goodchild (14450 Watersedge Tr., flooding): Thanked the volunteers and businesses for helping with the flooding issue and especially Prior Lake Aggregate for providing the sand. Also thanked the public works crews of the City of Prior Lake for coming up with a fast solution to extend the lift station to keep from flooding into the lake and overwhelming pumps. He commented that the residents are requesting from the City: an immediate response for the flooding of Watersedge; a sandbag wall on the lake side of the street to allow emergency services; a long term solution to deal with future flooding; replacement/installation of earth and berm or a levy to protect Watersedge in the future; assurance that the sanitary sewer lift station would be redesigned above flood levels, like home requirements, at 908.5; refund for cost of sand and bags when residents incurred expense to hire other companies to continue sand bag efforts when City told them there were none available but the following day the City offered extra sand and bags; and attention to residents now that infrastructure has been taken care of. A graph was presented showing the water levels going back to 1906. Commented that the levels today were a combination of many things including additional infrastructure and impermeable surfaces. Also displayed pictures of Watersedge Tr. and stated the current situation was unacceptable. Julie Garwood (13900 Pike Lake Tr. NE, flooding): Commented water was coming from Prior Lake into Pike Lake before it gets to the Minnesota River and that Pike Lake has come up to her deck. She requested the City provide her with options to be able to build up her yard to potentially prevent severe flooding in the future. Dan Field (16478 Sage Way NW, Stemmer Ridge improvement project): Asked whether City would consider postponing a public hearing scheduled for August 11, 2014 regarding the Stemmer Ridge roadway and utility improvement project since the neighborhood was not informed about the project and would like more time to prepare for the public hearing. He presented a petition to the Mayor and Council on behalf of the Spring Lake Estates neighborhood requesting a three month delay for the public hearing to gather more information and be prepared and thanked the Council for their consideration. Hedberg: Commented that normally, the item would not be eligible for comment at public forum because a public hearing was scheduled and noted the Council has received requests from a number of people in the neighborhood. He appreciated receiving the petition and stated the Council would consider the request before conducting the hearing. But, the rules were set up so that if a public hearing scheduled, comments should be reserved for that hearing. 2 07 14 14 City Council Meeting Minutes Keeney: Commented that scheduling of the public hearing itself may not fall under that category. He understood additional comments were made but the requests to change the date seemed like something that could be considered and requested clarification on the rule. Hedberg: Read from the Bylaws that “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” it would be ineligible for comment at public forum. Noted, however, it was appropriate to hear the request and receive the petition. Dan Field: Commented that they were not contesting the public hearing, just the process of notification. Roger Steiner (14416 Watersedge Tr., flooding): Commented he has been at Watersedge since 1983 and distributed photographs showing earth and berm at the intersection of Boudin and Watersedge Tr. noting the berm was constructed by the City to seal off Watersedge. He recapped the flood event of 1983 and the efforts that allowed Watersedge to remain functional. Also stated that his driveway is the staging area for sandbagging activities, and sand and bag storage. Commented that Watersedge had 2 ½ feet of water, nothing was being done to seal it off, and nothing was being done to Spring Lake. He stated in 1983 the City came to the area’s aid with a “can-do” attitude and this time it is a “can study” response. Requested the City work with the residents to solve the problem. Hedberg: Stated flood waters were 5 inches higher than they were in 1983 according to measurements. Also advised that the Watershed District was assembling the information to petition the DNR but noted that the DNR has turned down requests to sandbag Spring Lake. Also commented that the City didn’t have authority to do the sandbagging. Vern Goehring (5576 Lost Horizon Cir. SE, nature preserve): Addressed the three concerns from the City staff regarding inconsistent use with neighborhood and zoning district, planting plan and maintenance plan not provided, and proposed natural reserve area too close to existing homes. Stated the neighboring property was a City park with heavily forested area. His proposal was to retain the existing grasses and plants in the yard and let them grow to full height with the exception of the curb area and removal of the noxious weeds. Grass would be 2 ½ feet high and 30 feet from the neighbor’s house. Noted the neighbors had shrubs and trees growing adjacent to his lot and the city park was also adjacent to his property. Advised his main concern was global warming stating the U.S. has 5% of population but puts out 20% of the world’s CO gasses. Stated the footprint 2 needed to be cut by 75% and everyone should do what they can. Commented that home damage and flooding were results of global warming and he was trying to allow his yard to retain more water so less gets into the waterways thereby reducing flooding. Noted that lawn mowing ordinance was passed when there was no knowledge of global warming. Dan Evans (5555 Lost Horizon Cir. SE, nature preserve): Commented he lives across the street from the property and the weeds against the house were over 4 ft. tall. Stated it was an eyesore and many people from the neighborhood object to the request noting Councilors should have received emails from residents. The property did not compliment the neighborhood and affected the possibility for home sales noting that the neighbor took her house off the market because the realtor stated it would not sell with the house next door. Also stated it was affecting the well-being of everyone in the neighborhood. Jim McMahon (17178 Adelmann St., Deerfield Addition): Owns auto body and boat repair business in Deerfield industrial park. Distributed information to Councilors containing additional concerns for the Deerfield addition. Commented that the issues included marketability for the existing businesses and lack of fire suppression 3 07 14 14 City Council Meeting Minutes measures for the new wood building. Noted that existing concrete buildings were required to install fire suppression. Believed the City was making a mistake by allowing the building and requested the Council discuss this with the developers in Deerfield. Lynn Manivanh (5579 Maves Tr., nature preserve): Stated she was immediate neighbor and her lot abutted the woods, not the owner requesting nature preserve status. Commented that the property was a corner lot so everyone coming into and leaving the neighborhood notices the overgrown grass. Stated she had her house on the market for 6 weeks, however, every potential buyer commented on the abandoned house next door and asked about its status. Since then, she had to remove the house from the market as realtor advised that the house would not sell for market value. Commented there were other ways of mowing grass without using gas or electricity such as push mowers. With grass being high, there are a lot of mosquitos and neighbors can’t enjoy their yards. Stated the long grass was a hazard. Duane Hoffman (17182 Adelmann St. SE, Deerfield Addition): Concerned about changes in zoning that occur without notice to surrounding owners and the effects on property value, marketability, and setbacks regarding storage areas. The existing buildings were required to be constructed differently from what was being allowed now and requested more dialog as to how the changes would affect existing businesses. Vern Goehring: Responded to neighbors’ comments that the only plant 4 ft. high was a flower plant and typically no foliage exists within 1 foot of the building. Also, commented that the corner of his yard abuts the park and neighbor’s home was for sale in 2013 when mowing occurred and it did not sell. He suggested other reasons may exist as to why it wouldn’t sell. Trenton Klasel (14484 Watersedge Tr. flooding): Concerned about the health and safety of people and animals on Watersedge. Commented that a neighbor’s dog passed away recently due to blue and green algae and he was bit by a snapping turtle. Also stated concerns with parasites and chiggers and reminded everyone to take appropriate safety precautions including small children. John Titus (5331 Frost Point, flooding): Commented he requested a spillway 30 years ago and noted every lake in the Watershed had a spillway except Lower Prior which was the last in the chain. Also stated he sent messages to the Planning Commission and Watershed Board and received the same response. Noted the existing outlet was inadequate as it was a fixed outlet capacity but a variable inlet capacity and the inlet couldn’t be controlled. Advised a spillway was the solution to be able to handle excess water. Chris Hokanson (2039 Belmont Ave. NW, Shakopee, Stemmer Ridge improvement project): Concerned with safety at the intersection when forecasting 6-7,000 cars without main access to get to the neighborhood park and the multiple school bus stops. Requested the Council take additional time to have the proposed project studied. Hunt Russell (5241 Frost Point Cir., flooding): Commented that the no wake will be removed once water is down to 904 and highly encouraged the no wake remain in place for the year as there would be a lot of rebuilding for many people. Also encouraged the City to work with the DNR and sheriff’s to enforce the no wake. Requested the Council issue permanent no wake on Prior Lake for the remainder of 2014. Hedberg: Appreciated the comments received and understood the emotions on some of the issues but especially on the flooding. Also, appreciated the civility and decorum brought to the comments. Commented the public forum was extended beyond the 30 minutes allotted but believed it was important to allow everyone an opportunity to be heard. Invited City Natural Resource and Public Works Director Katy Gehler to provide a short overview of the work that was underway. 4 07 14 14 City Council Meeting Minutes Gehler: Provided an overview of the work session discussion regarding flooding which focused on specific areas for assistance. Throughout the process the City’s priorities were to protect infrastructure including sanitary sewer, storm sewer, water, and streets to the extent possible. Advised that 41 manholes were sealed throughout this process and staff time was dedicated to checking sanitary sewer systems, sealing manholes, and watching lift stations to ensure no disruption to the system during the first week of flooding. Staff also spent quite a bit of time delivering sand and sandbags. Stated with Prior Lake Aggregate and their generous donation, the City has delivered 2500 tons of sand which equates to about 125,000 sandbags that has gone out through the public works system to volunteers. Addressed question regarding why there were no sandbags between Spring Lake and Prior Lake noting a permit was required to sandbag and the Watershed was currently working through the process to obtain a permit. Stated the application was submitted but there were challenges in obtaining a permit including requiring consent from potentially impacted property owners around Spring Lake as lake levels may rise. Addressed the comments regarding the 36 inch outlet pipe stating a permit was granted to the Watershed District to install a certain size pipe to create an outlet that was not existing which the DNR regulates. At the time of permitting, there was a lot of study completed and the channel was permitted for the 65 CFS. McGuire: Commented he has seen sheriffs out every day pulling people over but was unsure whether boaters were being ticketed. Also stated he has seen people going faster than should be but no one going 20-30 mph. Keeney: Commented he was struck by the pleas and asked that residents provide specific suggestion for something that the City should do such as provide additional sand, sand bags, pumps, labor. Vicki Klasel (14484 Watersedge Tr. NE, flooding): Requested two things: 1. sandbag Watersedge Tr. and pump the water out into the lake, and 2. send the sheriff to the Watersedge area for enforcement. Roger Steiner (14416 Watersedge Tr., flooding): Pump and clear the water from Watersedge Tr. to make it a usable street or provide the residents with the resources to sandbag and clear themselves. Matt Brei (14504 Glendale Ave. SE, flooding): Stated his street was recently cleared of water and offered his assistance to the Watersedge group. He provided the Council with information regarding the efforts in the Glendale area and suggestions for similar situations and he would be willing to share the information with Watersedge group. Agreed that the flooding issues required attention and suggested the City organize the guidance and let the people take it from there. McGuire: Regarding Stemmer Ridge project, should Council continue or cancel the public hearing? Hedberg: Address Stemmers Ridge either during the discussion on the agenda or at the next meeting. Stated that Spring Lake has receded enough that excess water wasn’t flowing through outlets adding to existing flooding. Prior Lake has increased with the rainfall but has also decreased rather than remaining at higher levels. The net effect of the rainfall has been to lengthen the amount of time that there will be flood waters. Waters are receding but will not likely drop below 904 before the end of August. Recapped work session discussions and specific steps to take moving forward. Soukup: Inquired about timeline for Watershed’s permit request to sandbag Spring Lake. Gehler: Stated Diane Lynch would have more information about timeline and provided a brief overview of the DNR permitting process which included obtaining support resolutions from local authorities, consent of potentially impacted property owners, and plan for monitoring lake levels and rainfall. 5 07 14 14 City Council Meeting Minutes Diane Lynch (Prior Lake-Spring Lake Watershed District): Commented the Watershed has petitioned DNR to sandbag Spring Lake outlet and the DNR has requested additional information. The DNR has to connect with other divisions before making a decision and the estimated timeline was a couple of weeks but hoping for sooner. With no others interested in speaking, Mayor Hedberg closed the Public Forum and recessed the meeting at 8:02 p.m. Mayor Hedberg reconvened the meeting at 8:09 p.m. APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY MORTON, TO ADD ITEM AS FIRST ITEM UNDER NEW BUSINESS, DISCUSSION OF SPECIFIC ACTIONS FOR THE CITY TO TAKE REGARDING IMMEDIATE NEEDS FOR REMOVING WATER FROM STREETS AND OTHER FLOOD MITIGATION MEASURES. McGuire: Requested friendly amendment to move discussion to Item 9E. Councilors Keeney and Morton accepted the friendly amendment. Vote on original motion as amended. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO ADD ITEM 9F, DISCUSSION REGARDING SCHEDULING OF STEMMER RIDGE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. MOTION BY MCGUIRE, SECOND BY MORTON, TO ADD ITEM 9G, INFORMAL STAFF REPORT REGARDING DEERFIELD ZONING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. MOTION BY MCGUIRE, SECOND BY KEENEY, TO APPROVE THE AGENDA AS AMENDED WITH THE ADDITION OF ITEMS 9E, 9F AND 9G. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. 6 07 14 14 City Council Meeting Minutes APPROVAL OF MEETING MINUTES A. Consider Approval of June 23, 2014 City Council Meeting Minutes. MOTION BY KEENEY , SECOND BY MORTON, TO APPROVE THE MINUTES OF THE JUNE 23, 2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. B. Consider Approval of July 2, 2014 Special City Council Meeting Minutes. MOTION BY MCGUIRE , SECOND BY SOUKUP TO APPROVE THE MINUTES OF THE JULY 2, 2014 SPECIAL CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☐☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☒☐ Absent ☐☐☐☐☐ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. C. Consider Approval of Claims Listing. D. Consider Approval of Resolution No. 14-105 Appointing Election Judges for August 12, 2014 Primary and November 4, 2014 General Elections. E. Consider Approval of Resolution No. 14-106 Approving a Temporary Liquor License Extension for Prior Lake VFW. F. Consider Approval of Resolution No. 14-107 Approving an Amendment to the 2014 Budget for Project Expenditures Carried Forward from 2013. G. Consider Approval of Resolution No. 14-108 Closing Debt Service Fund 547. H. Consider Approval of Resolution No. 14-109 Approving a Temporary On-Sale Liquor License for Prior Lake Chamber of Commerce. Items Removed: None. MOTION BY SOUKUP , SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS PROPOSED. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. PRESENTATIONS: NONE PUBLIC HEARINGS: NONE 7 07 14 14 City Council Meeting Minutes OLD BUSINESS: NONE NEW BUSINESS 9A. Consider Approval of a Resolution Approving a Natural Preserve at 5576 Lost Horizon Circle. Poppler: Reviewed the agenda item in connection with the staff report. Staff recommended denial of the request on the basis of the rationale set forth in the proposed resolution denying the request for a natural preserve at 5576 Lost Horizon Circle. Morton: Applauded the homeowner’s need to address global warming as he sees fit. However, the yard, as it is, was not in the best interest of the neighborhood. Keeney: Agreed that a natural preserve was inappropriate for the location but could support a small portion of the property in the rear abutting the park being designated as natural preserve. Hedberg: Commented he supported a motion to deny. City invests time and money to remove invasive species and restore natural species. Lawn grasses are invasive species if not mowed and would be required to be removed and replaced if declared natural preserve which was not proper for the area. Keeney: Suggested the homeowner consider other appropriate alternatives such as cultivated plantings or rain gardens. MOTION BY MORTON , SECOND BY SOUKUP, TO ADOPT RESOLUTION NO. 14-110 DENYING THE REQUEST FOR A NATURAL PRESERVE AT 5576 LOST HORIZON CIRCLE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. 9B. Consider Approval of a Resolution Authorizing the Purchase of Property at 4577 Colorado Street SE Boyles: Reviewed the agenda item in connection with the staff report. Staff recommended approval of a Resolution authorizing the purchase of 4577 Colorado Street SE at a purchase price of $114,900 plus closing costs. MOTION BY MCGUIRE, SECOND BY HEDBERG, TO ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 4577 COLORADO STREET SE, PRIOR LAKE, MN. Soukup: Requested information regarding the short-term use of the property if purchased. Boyles: Provided options including lease the property if in condition to be rented, or demolish property and keep as vacant, install black top temporary parking lot or seed and maintain as temporary open space. Soukup: Requested staff conduct an inspection of the property and provide more information regarding the options at the next meeting. 8 07 14 14 City Council Meeting Minutes Keeney: Would agree with demolition of the existing home and requested the market value of the property as vacant if alignment plans changed. Boyles: Market value would be variable and determined by when it was being disposed and for what purpose. Also noted the City missed an opportunity to purchase the property directly adjacent due to late action. Keeney: Suggested funding for the property, if approved, be shown in accounting books as right of way acquisition for a future road project. Did not support item 4 of the proposed resolution. Also encouraged that if moving forward, the Council commit to the future road project. McGuire: Commented that the owner approached the City and agreed that in anticipation of the project, he would support the acquisition. However, would also support continuing the item until the next Council meeting to allow staff to gather more information. Boyles: Proposed staff revise the resolutions to show the funds from the debt service however, the costs would be recorded against the project which would resolve Councilor Keeney’s concern. Keeney: Requested removal of use of debt service fund from resolution entirely with an accounting mechanism to ensure the acquisition be charged to the project when it becomes scheduled. Motion and second to adopt the resolution authorizing the purchase of property located at 4577 Colorado St. SE, Prior Lake, MN were withdrawn by Councilor McGuire and Mayor Hedberg following Councilors’ requests for additional information. MOTION BY MCGUIRE, SECOND BY KEENEY TO TABLE CONSIDERATION OF ADOPTION A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 4577 COLORADO STREET SE, PRIOR LAKE, MN FOR 2 WEEKS UNTIL THE JULY 28, 2014 MEETING TO ADDRESS THE FINANCING AND FEASIBILITY. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. 9C. Consider Approval of an Ordinance Amending Sections 1107.500-1107.1100 of the Prior Lake City Code Related to Signage. Rogness: Reviewed the agenda item in connection with the staff report. Staff recommended approval of an Ordinance amending Sections 1107.500 through 1107.1100 of the City of Prior Lake Zoning Ordinance, or as may be further amended by the City Council, and approve a Resolution authorizing summary publication. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE ORDINANCE NO. 114-13 AMENDING SECTIONS 1107.500 THROUGH 1107.1100 OF THE PRIOR LAKE CITY CODE RELATED TO SIGNAGE. Soukup: Did not support downtown businesses using Prior Lake’s electronic signage to promote their businesses when there are City issues to be conveyed. Suggested language providing limitations for when businesses can use the City’s signage and restricting the public’s use of signage to advertise events such as graduation parties. 9 07 14 14 City Council Meeting Minutes Rogness: Advised the City had a policy in place for the City’s electronic signs and explained the ordinance dealt with private business electronic signs. Soukup: Withdrew suggestion for additional language. Morton: Commented that she did not support electronic signs and viewed them a safety hazards. Keeney: Concerned about brightness of signs for drivers and whether the City’s signs complied with proposed requirements. Inquired how brightness limitation measurements were determined. Also asked about automatic dimmer requirements proposed. Rogness: Staff researched industry standards to determine levels. Explained that LED technology uses new measurements for brightness and stated that the proposed ordinance regulates both old and new light measurements. Stated he was unsure whether City’s signs complied as a measurement device would need to be purchased and advised that intensity regulations were different for days and nights. Johnson: Noted that findings are required to be a part of the motion and requested Councilors either confirm or amend the motion to include the findings. Rogness: Suggested adding a friendly amendment that the findings, according to the staff report, are part of the record. MOTION BY SOUKUP, SECOND BY MCGUIRE, TO AMEND THE MOTION TO INCLUDE THE FINDINGS OF FACT IN THE STAFF REPORT. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. Keeney: Confirmed with Rogness that off-premises signs were still prohibited. Boyles: Confirmed with Rogness that provisions were in place on the signs of regional significance. Vote on original motion as amended. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☐☒ Nay ☐☐☐☒☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE RESOLUTION NO. 14-111 APPROVING THE SUMMARY OF THE ORDINANCE AND AUTHORIZING SUMMARY PUBLICATION. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☐☒ Nay ☐☐☐☒☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ 10 07 14 14 City Council Meeting Minutes The motion carried. 9D. Consider Approval of a Resolution Approving Slow No Wake Restrictions on both Prior Lake and Spring Lake. Gehler: Reviewed the agenda item in connection with the staff report. Staff recommended approval of a resolution authorizing temporary no wake restrictions on both Prior and Spring Lakes. McGuire: Confirmed with City Manager that Spring Lake Township enacted the resolution supporting no wake on Spring Lake. Morton: Suggested enacting something for longer term to support residents’ rebuilding activities given public forum comments. Gehler: Responded that permit allowed 30 day extension and that if more permanent restrictions were desired, a 4-6 month process would be required as well as ordinance amendment. Morton: Inquired whether Councilors would support elimination of the elevation requirement and keep the no wake in place for the full 30 days and offered a friendly amendment. Boyles: Suggested language per Councilor Morton’s friendly amendment to amend item 2, sentence 2 to state: the restriction will be lifted after 30 days of the effective date unless the City requests and the Minnesota Department of Natural Resources approves an extension. He noted that the provisions in the proposed resolution were the maximums allowed. Keeney: Commented his interpretation of the proposed resolution accomplished what people were looking for by extending the no wake restrictions on Prior Lake by 30 days after 3 consecutive days below 904. Boyles: Confirmed the language is to be interpreted to require the lake to be below 904 for 3 consecutive days and then the restrictions would continue for 30 days after. McGuire: Agreed with Keeney that the City was looking to maintain no wake restrictions for at least at two months. Hedberg: Supported the motion as written and commented that shoreline restoration would likely not be conducted immediately as the ground needed to dry out. Noted they may have to enact additional restrictions in the spring to allow residents the opportunity to rebuild. Kathy Nielson (Town Clerk, Spring Lake Township, 20381 Fairlawn Ave.): Commented that the resolution passed by the Town Board supported the 30 day no wake restrictions but noted the Board also wanted the Township and City to adopt a joint ordinance to create a more permanent wake restriction. Keeney: Did not support the resolution as written due to Spring Lake wake restrictions married to Prior Lake wake restrictions which would affect the entire season for Spring Lake which he believed was inappropriate as it was a different situation. Kathy Nielson: Advised that the Board intended to extend the no wake restrictions on Spring Lake for 30 days, not 30 days beyond Prior Lake dropping below 904. 11 07 14 14 City Council Meeting Minutes Johnson: Noted that the intent of the Town Board was addressed by item 3 of the proposed resolution which stated the restriction for Spring Lake would be lifted either in conjunction with the restrictions on Prior Lake OR 30 days whichever occurs first. Keeney: Confirmed with Johnson that Spring Lake’s 30 day restrictions begin immediately upon adoption while Prior Lake restrictions require the levels drop below 904 for 3 consecutive days before the 30 day restriction begins. MOTION BY MORTON, SECOND BY SOUKUP, TO APPROVE RESOLUTION NO. 14-112 ENACTING EMERGENCY TEMPORARY SLOW NO-WAKE RESTRICTIONS ON PRIOR LAKE AND SPRING LAKE. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. 9E. City Staff Flood Actions. Keeney: Proposed actions to be taken by the City in response to citizens’ comments at public forum including stricter enforcement of no wake zone specifically in areas with sandbags, staff support dewatering residential streets to provide access, specifically Watersedge and Shady Beach, and others where needed, and provide at least two large pumps to aid in dewatering with support for the City to purchase one pump if needed. Soukup: Supported the suggestions and requested that staff work with neighborhood task forces on the assistance they need. Also suggested Prior Lake Police Department discuss no wake restrictions with the boat club and request they inform their members of the situation. O’Rourke: DNR and Sheriffs are required to enforce waterways. Commented he would contact sheriff’s office and speak directly to recreation enforcement to request special attention to the channel near the boat club and Watersedge. Added that if the deputies required assistance, Prior Lake Police Department officers would support them. He noted that Council approval was not required for officer overtime, however, the additional hours and costs specifically dedicated to the efforts would be tracked for potential reimbursement. Boyles: Stated the Council could direct staff to work with residents to accomplish dewatering efforts. Staff will track incurred costs and work around any limitations. MOTION BY KEENEY, SECOND BY SOUKUP, TO DIRECT STAFF TO PROVIDE: 1. POLICE ASSISTANCE IN ENFORCING THE NO WAKE; 2. COORDINATE ASSISTANCE WITH RESIDENTS REQUIRING STREETS DEWATERED, SPECIFICALLY WATERSEDGE AND SHADY BEACH, AND OTHERS AS NEEDED; 3. PURCHASE A LARGE PUMP FOR IMMEDIATE USE, IF NECESSARY; AND 4. WORK WITH THE BOAT CLUB TO INFORM CUSTOMERS ABOUT THE NO-WAKE SITUATION. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. 12 07 14 14 City Council Meeting Minutes Soukup: Inquired whether a motion was needed to approve overtime. Boyles: Overtime has been used and no motion was necessary for approval. However, he requested they recognize that the budget would come in over the original amount allocated. 9F. Stemmer Ridge Road. Hedberg: Noted public hearing scheduled for August 11, 2014 and that a neighborhood petition to delay the public hearing for a period of time was received by the City. McGuire: Inquired whether it was appropriate to hold the public hearing as scheduled or continue to a future date. Johnson: Stated the most efficient way was to keep the public hearing as scheduled but continue the public hearing and announce a specific date and place at that time so there are no issues with re-noticing. Keeney: Commented that staff presentation of the project is generally informative to people in attendance and inquired about timeline for neighborhood meetings. Poppler: Stated staff’s intent was to hold the neighborhood meeting prior to the public hearing and advised that the neighborhood meeting was scheduled for July 31 at 6:30 p.m., notice of the neighborhood meeting would be sent to residents, and staff would be available to answer questions at that time. Keeney: Suggested holding the neighborhood meeting, keeping the item noticed for a public hearing on the August 11, 2014 agenda to hear the staff report, and continue the public hearing at that time if residents’ questions and concerns are not addressed by staff at the neighborhood meeting. Hedberg: Confirmed agreement by Councilors to move forward as suggested and no action was required. 9G. Deerfield Pole Buildings. Rogness: Stated there was discussion regarding the City’s regulations for commercial and industrial property a few years ago and it was suggested the regulations might be too restrictive. Quoted an objective of the Vision and Strategic Plan with regard to possible modification of the Code and Zoning Ordinance. That led to the EDAC and Planning Commission to begin looking at industrial zoning districts and many conditional uses were added and setbacks were relaxed. Noted the building in question met building code and the exterior building standards but was a pole construction. Stated staff would revisit if requested as some communities specifically state this type of building is not allowed in industrial areas. Hedberg: Inquired what specifications of the building in question wouldn’t have been allowed under the previous standards. Rogness: Commented he was not with the City when other buildings were approved and was therefore unaware of the standards in existence at the time but noted each property went through a conditional use process. Keeney: Inquired whether all properties in the area were under the same zoning. 13 07 14 14 City Council Meeting Minutes Rogness: Advised that there were industrial, commercial, and business zoned areas but only the industrial zoning had relaxed standards at this time; business and commercial zone standards have not been reviewed. Soukup: Commented that the community was intended to be business friendly and suggested the Council refer the discussion to the EDA and EDAC to reevaluate and determine whether the standards were still appropriate. Boyles: Noted a point of clarification that there were two businesses currently proposing construction in the area and it would be the current zoning standards that would apply. Keeney: Recapped the approval process for the building in question and stated it was a deliberate decision to attract that type of business. Commented that there have been two perspectives noted: 1. maybe standards were lowered too far, or; 2. maybe they were correct to relax the standards but it was maybe too late. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO DIRECT THE EDA TO REVIEW THE INDUSTRIAL AND BUSINESS ZONING STANDARDS AT ITS NEXT MEETING PURSUANT TO THE DISCUSSION OF THE CITY COUNCIL. VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE OTHER BUSINESS/COUNCILMEMBER REPORTS: Hedberg: Reviewed the lineup for Lakefront Music Fest and noted residents could purchase tickets from City Hall or online. Boyles: Commented there was free parking at Mystic Lake and Hidden Oaks and Twin Oaks schools where free shuttles would be available to get to and from the event. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON and seconded by SOUKUP. The motion carried and the meeting adjourned at 9:51pm. ___________________________________ Frank Boyles, City Manager 14 07 14 14 City Council Meeting Minutes