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HomeMy WebLinkAbout5 - Minutes of 11 10 14 O� P 0 U 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 10, 2014 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg,Councilors Keeney, McGuire, Soukup and Morton. Also present were Manager Boyles, Assistant Manager Meyer, Attorney Rosow, Finance Director Erickson, Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Director Rogness, Police Chief O'Rourke, Project Engineer Thongvanh, Maintenance Superintendent Theisen, 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. Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:03 p.m. Pat Heaney (4642 Pleasant St. SE, Colorado St. Property Demolition & Council Work Sessions): Understood that the house on Colorado St. was purchased and the City would rent it until a plan was completed for the area. Asked whether there was a complete plan for the entire downtown roadway network to include CR 21 and Hwy 13 and why the property would be purchased if there wasn't a plan in place.Also asked about estimated costs of construction to extend the street from Colorado to Pleasant. Further inquired about Council work sessions and whether they were open to the public, allowed any question and answer session from the public, or if any minutes/notes of those meetings were available. Hoped the public would have opportunity to speak and provide input on the entire downtown connection. Keeney: Commented there was not a specific plan for the path of the road. However, the Comprehensive Plan had a general plan in place and the CIP has estimated costs. Added that different segments had different purposes, funding sources, and other factors involved. Commented that each segment is an independent project even though the master plan is connection. Boyles: Stated that Council authorized purchase of the property with the intent to rent it out and requested inspection and itemization of expenses to achieve a safe rental property. Noted that there was some interest from a third party to potentially move the house but whether or not that is further explored would need to be at the request of the Council. Based on information provided in the Council packet, Council may make a decision after discussion the item. Explained that with regard to open meetings, Council does not formally hold a question and answer session. However, sometimes members of the public do ask questions which are answered or questions 1 are answered during the presentation. Additionally, work sessions are not televised and notes/minutes of the work sessions are not available as these meetings are informal and action cannot be taken, only direction given. Hedberg: Explained that a conceptual corridor study was completed and at that time, Council decided to move forward one step at a time. Encouraged Mr. Heaney to contact Engineering Director Poppler for more information. Seeing no others wishing to speak, Mayor Hedberg closed the Public Forum at 7:22 p.m. APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY SOUKUP, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF OCTOBER 27,2014 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY MORTON, TO APPROVE THE MINUTES OF THE OCTOBER 27, 2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye CK IK CK z z Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA Boyles: Reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of 3rd Quarter Investment Report C. Gens+ D. GonsideF AppFoyal of a Resolution Approving the 2014 2-015 Gity Of PF'oF Lake PubliG WoFks OpeFations Manual E. Consider Approval of Resolution No. 14-171 Requesting Advancement of Municipal State Aid Funds F. Consider Approval of Resolution No. 14-172 to Transfer Residual Balances from Debt Service Fund 551 G. Consider Approval of Resolution No. 14-173 & 14-174 Extending Cable Television Franchise Agreements with Integra Telecom and Mediacom until New Franchise Agreements are Approved and Executed H. Consider Approval of Resolution No. 14-175 Approving the Prior Lake Water Ski Association Premise Permit for Lawful Gambling Keeney: Requested removal of item 5C Hedberg: Requested removal of item 5D MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 1110 14 City Council Meeting Minutes 2 PRESENTATIONS: NONE. PUBLIC HEARINGS: NONE. OLD BUSINESS: 8A. Consider Approval of a Report Regarding Section 1107.2303 of the City Code Relating to Gravel Driveways and Providing Direction on the Amendment of the City Code or Enforcement of this Provision of the Ordinance Poppler: Reviewed the staff report dated November 10, 2014 in connection with the agenda item. Staff recommended approval of the report and provide direction to staff with respect to amendments to section 1107.2303 of City Code. Keeney: Requested estimation of erosion from driveways into ponds/lakes and whether it was comparable to uncontrolled construction sites. Commented it seemed counterproductive to have open areas of dirt draining into ponds/lakes especially given the amount of water treatment activities the City is attempting to implement. Suggested moving forward to have driveways paved with a sunset date to the extent possible. McGuire: Noted they could only require pavement and enforce the requirement for 74 properties as the others are grandfathered in as legal nonconforming uses. Suggested implementing a fee for all gravel driveways, including pre 1979, to offset the City's additional costs to maintain the streets for water quality and public safety. Rosow: Explained legal nonconforming use regulations and compliance triggers noting that legal non-conforming uses can be maintained, repaired, etc.,just not expanded. Morton:Asked how many of the gravel driveways were city owned. Agreed with Councilor McGuire to leave the Code status quo and possibly implement a fee based system given the intensive cost containment discussion at work session. Hedberg:Agreed with Councilors McGuire and Morton in applying a fee and leaving the Code unchanged. Rosow:Advised that the Council has the authority to impose a reasonable fee within its regulatory police powers, not zoning, based upon the rationale that Engineer/Inspections Director Poppler has articulated including erosion into stormwater system and additional street maintenance expenses. Hedberg: Commented that a fee could be imposed for reasons including additional street maintenance, public safety problems, and water quality issues which seemed to be sound rationale for establishing a fee structure. McGuire: Expressed his discomfort with not repealing the Code because the City is aware of noncompliance and yet not enforcing and asked what implications could come of that. Rosow: Stated there may be estoppel arguments made and the City may have issued permits for those properties. However,moving forward the City could enforce the Code provisions and use them towards conditions of approval for buildings construction, expansion projects, etc. Suggested leaving in place but not actively enforcing. Keeney: Inquired about side yard gravel parking areas. 1110 14 City Council Meeting Minutes 3 Poppler: Advised that these are classified under partial residential driveways and there are only few in the city but difficult to tell using the aerial photography used. Kenney: Commented that since there were less than 1% in the city, and these are used as part of the driveway and surface area calculations, he was not inclined to add those as legal uses and suggested similar enforcement as gravel driveways. MOTION BY MCGUIRE, SECOND BY KEENEY, TO DIRECT STAFF TO BRING BACK RECOMMENDATIONS ON FEES FOR GRAVEL DRIVEWAYS WITH NO OTHER CHANGES. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 86. Consider Approval of Resolution No. 14-176 Authorizing the Demolition of a House at 4577 Colorado Street and the Repair of a House at 4664 Dakota Street including a 2014 Budget Amendment of up to$8,050 from General Fund Reserves for Demolition Rogness: Reviewed the staff report dated November 10, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-176 authorizing the demolition of a house at 4577 Colorado Street and the repair of a house at 4664 Dakota Street, including a 2014 budget amendment for$8,500 from General Fund Reserves for demolition. Morton: Inquired whether there was any interest in rental at this point, whether the home was owner occupied and what the timeframe on repairs was. Commented she struggled with the idea of the City being a landlord. Rogness: Stated rental inquiries have not yet been solicited however, the Pike Lake house rental was well received and didn't take long for someone to be interested. Added that solicitation would be conducted during the repair process. Advised that the property was owner occupied and there was no timeframe at this point as that was based upon Council's approval but hoped it could be ready for rental in early 2015. Soukup: Agreed with capturing revenue for the Dakota house and potentially brining in additional funds to the City.With regard to Colorado Street,the property is recommended for tear down but, inquired whether the house could be left and maintained, not rented, to lessen costs given the work session budget discussion. Examples of minimal maintenance including snow plowing, lawn mowing, and shut off utilities since demolition was estimated at$8,000.Also asked whether the building could be used for storage. Rogness:Advised that costs to"mothball"the house would be minimal. However,the structure could deteriorate making it unsafe to enter or be broken into and vandalized or occupied by squatters. Added that the property could not be used as storage. Recommended demolition but commented that a third party has expressed interest in possibly taking the house and moving it. Theisen: Commented that the house was small such that it would be comparable to a glorified fish house and there was substantial electrical repair required. Added that there would be only minimal site restoration costs if the house was moved. 1110 14 City Council Meeting Minutes 4 Soukup: Asked what would happen if someone moved the house. Rogness:Advised that moving the house would eliminate most of the demolition expenses leaving only minimal site restoration costs and the City would not pay for any of the associated moving costs. Added that moving the building could be further reviewed with Council's direction to do so. McGuire: Inquired about the proposed $800 rental amount for the Dakota Street property. Hedberg: Asked why demolition costs couldn't come out of TIF funds. Rogness: Responded that the$800 was based on comparable properties;however,that amount would be further reviewed once repairs have been completed. Explained that the Dakota property was identified in the TIF plan while the Colorado property was not and therefore,demolition costs and other costs associated with the Colorado property could not be paid for from TIF funds. MOTION BY SOUKUP, SECOND BY KEENEY, TO APPROVE RESOLUTION NO. 14-176 AUTHORIZING THE DEMOLITION OF A HOUSE AT 4577 COLORADO STREET AND THE REPAIR OF A HOUSE AT 4664 DAKOTA STREET, INCLUDING A 2014 BUDGET AMENDMENT OF UP TO $8,500 FROM GENERAL FUND RESERVES FOR DEMOLITION AND DIRECTED STAFF TO FURTHER INVESTIGATE THE POTENTIAL TO HAVE THE HOUSE AT 4577 COLORADO STREET MOVED BY THE INTERESTED THIRD PARTY. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A. Consider Approval of Resolution No. 14-177 Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the Improvement of Highland/Marsh/Skyline/Eau Claire/Grainwood Gehler: Reviewed the staff report dated November 10,2014 in connection with the agenda item and introduced Cory Bienfang from Bolton & Menk, Inc. Staff recommended approval of Resolution No. 14-177 accepting the feasibility report and establishing a public hearing date. Morton: Commented that in assessment review committee there was discussion regarding the road not correlating with the platted right of way and inquired whether that would be adjusted. Hedberg: Inquired how reclamation would be funded, how many total miles were in the entire project and suggested consideration of a narrower street. Keeney: Echoed the suggestion for narrower streets noting it would encourage slower speeds and reduce material costs for the reconstruction portion. Suggested the same wasn't true for reclamation and wanted to leave that portion as proposed. Inquired about worst roadways in town and utilities' life expectancy. Gehler: Responded the road was platted differently from actual paved roadway and they could either move forward with prescriptive rights and reconstruct where it exists or correct it with added survey and legal fees. 1110 14 City Council Meeting Minutes 5 Explained that the reclamation portion of the project was about$190,000 and would be funded with the project, in the tax levy with no assessment, but was considered a maintenance project.Advised that reconstruction was just under 1.2 miles and reclamation was .2 miles for a total of about 1.4 miles for the entire project and they were recommending building to the standard at 26 feet wide which was the existing roadway condition. Commented that the worst streets in town were at a pavement level of 28 and some of these streets were at that level. Added that she was confident utilities would not need replacing at this time. Advised that the public hearing, if called by Council, would be scheduled for November 24. MOTION BY HEDBERG, SECOND BY KEENEY, TO DIRECT STAFF TO CONSIDER NARROWER STREET SECTIONS AND COST BENEFITS ASSOCIATED THEREWITH. VOTE Hedberq Keeney McGuire Morton Soukup Aye 22 z CK CK CK Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MORTON, SECOND BY MCGUIRE,TO APPROVE RESOLUTION NO. 14-177 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR THE IMPROVEMENT OF HIGHLAND, MARSH, SKYLINE, GRAINWOOD,AND EAU CLAIRE, CITY PROJECT#TRN 15-000004 AS AMENDED WITH STAFF TO CONSIDER NARROWER STREET SECTIONS AND COST BENEFITS ASSOCIATED THEREWITH. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B. Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the Credit River Road Improvement Project Thongvahn: Reviewed the staff report dated November 10, 2014 in connection with the agenda item and a presentation of estimated timelines and project costs. Staff recommended approval of a resolution accepting the feasibility report and establishing a public hearing date. Morton:Commented that consideration for the project at TH 13 and CR21 wasn't brought up during assessment review meeting and asked why move forward if there were some areas that were over-reaching or adversely impacting this project. Suggested postponing the project until TH13 / CR21 project was better understood and/or bring MnDOT and County into the project. Stated she didn't want to strain the residents and inconvenience or impact them twice. Inquired whether the utilities could be segmented and thought the small section should remain as is until a plan was in place. Thongvahn: Stated that the County has been involved in discussions and the concept for the intersection was shown. Reviewed options moving forward noting the utilities were in dire need of replacement due to the numerous breaks averaging one per year at 21 breaks in 20 years. Suggested something needed to be done with utilities regardless of roadway. Added that due to utility connections, staff was recommending reconstruction of the entire utility construction. Keeney: Inquired whether the lift station was also proposed to be replaced. 1110 14 City Council Meeting Minutes 6 Hedberg: Confirmed stating the upgrade was required to meet demands due to development occurring in the area. Requested clarification that Council has approved development for which the City doesn't have sanitary sewer capacity. Stated that if the City cannot serve all the homes, they didn't have a choice whether or not to reconstruct the utilities and lift station. But, commented he was in favor of putting project on hold due to not knowing what was going on at TH13/CR21, very little traffic in the proposed reconstruction area, few homes currently existing, etc. Suggested holding off for five years to seriously evaluate the amount of contingency the City has and re-evaluate the project when CR21 is further along in the planning/reconstruction process. McGuire: Stated he was under the impression that CR21 wouldn't impact this project. Theisen: Advised that if this lift station were to go down for more than 20 minutes, properties will be flooding. Keeney: Commented they should know what is going on with CR21 but agreed that the lift station needed to be upgraded. Suggested halting building permits if the lift station can't handle the added construction as there may be a liability issue. Hedberg: Noted home builders were selling lots and building homes and he preferred not halting construction. McGuire: Suggested looking into construction of the lift station only and not the rest of the utility piping. MOTION BY MCGUIRE, SECOND BY MORTON,TO CONTINUE THE ITEM AND DIRECT STAFF TO REVIEW ALTERNATIVES, REFER ALTERNATIVES BACK TO THE ASSESSMENT REVIEW BOARD FOR CONSIDERATION OF LIFT STATION UPGRADES ONLY TOGETHER WITH CAPACITY DISCUSSION, AND BRING THE ITEM BACK TO A FUTURE COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Soukup Aye E E E E E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE, TO DIRECT STAFF TO REVIEW PROCESSES WITH REGARD TO APPROVING DEVELOPMENT PRIOR TO HAVING THE CAPACITY TO SERVE NEW DEVELOPMENT WITH CITY WATER AND SEWER AND BRING A REPORT BACK TO COUNCIL AT A FUTURE MEETING NOT TIME SPECIFIC. VOTE Hedberq Keeney McGuire Morton Soukup Aye E E E E E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9C. Consider Approval of Resolution No. 14-178 Canvassing the Returns of the City of Prior Lake 2014 Municipal Election Boyles: Reviewed the staff report dated November 10, 2014 in connection with the agenda item. Staff recommended approval of Resolution No. 14-178 canvassing the returns of the City of Prior Lake 2014 municipal election. 1110 14 City Council Meeting Minutes 7 McGuire: Commented there was significant under voting but thanked the voters for getting to the polls. Hedberg: Thanked all of the candidates for running and congratulated Mike McGuire and Annette Thompson. MOTION BY MORTON, SECOND BY SOUKUP,TO APPROVE RESOLUTION NO. 14-178 CANVASSING THE RETURNS OF THE CITY OF PRIOR LAKE 2014 MUNICIPAL ELECTION. VOTE Hedberg Keeney McGuire Morton Soukup Aye Z CK CK CK Z Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: 5C. Consider Approval of 3rd Quarter Financial Report Keeney:Asked why the expenditures and revenues were so different when compared to 3rd Quarter 2013.Asked about staff overtime associated with flooding and what was included in the line item for Culture and Recreation. Also requested confirmation that the City was not on track to be$900,000 negative. Erickson: Stated the increase in expenditures was due to various factors including personnel services, reserves covering the Colorado St. property purchase and flooding expenses as well as personnel costs and overtime associated with flooding while the tax levy was contributing about$42,000 more in revenues. Explained the line item was primarily parks and recreation costs. Advised that some expense haven't come through yet and there are other factors that consider the timing of projects and when they are paid. Confirmed the city was not on track to be negative$900,000 but rather the$139,000 shortfall as discussed during the work session. MOTION BY MORTON, SECOND BY MORTON, TO APPROVE THE 3RD QUARTER FINANCIAL REPORT. VOTE Hedberg Keeney McGuire Morton Soukup Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 5D. Consider Approval of Resolution No. 14-179 Approving the 2014-2015 City of Prior Lake Public Works Operations Manual Hedberg: Commented that the proposed revision seemed to represent a reduction in service. Thanked staff for creating the document and stated that he would vote against it as he didn't agree with this level of service. Gehler: Advised that the policy was put in place in 2002 and since then the City has added 17 miles of road without increasing costs. Also, public works has been shifting from separate streets and parks workers to work as one unit and prioritize the expanding workload. Keeney: Noted the increase in the number of miles of streets and asked whether there was more to it than just streets. Also inquired about the revised snow accumulation and removal time of parks, trails, sidewalks, and parking lots to 12+ hours and 1-3 days. 1110 14 City Council Meeting Minutes 8 Theisen: Commented that some street snow removal time was coming from parks staff resulting in an increase of snow removal times from parks,trails,sidewalks, and parking lots. Noted this was due to prioritizing roads over trails as well as allowing for staff winter drive time between locations. Added that snow blowing trails needed to be coordinated with the county because if city staff is not out there when the County is, staff cannot get the equipment through and that he was working with the County on this. McGuire: Commented he also did not support the reduction in service. However, the numbers needed to be revised or Council needs to authorize additional money to keep up with the existing policy but,the budget situation was not favorable to authorize additional funds. MOTION BY MCGUIRE, SECOND BY SOUKUP, TO APPROVE RESOLUTION NO. 14-179 APPROVING THE 2014-2015 CITY OF PRIOR LAKE PUBLIC WORKS OPERATIONS MANUAL. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ Nay ® ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS 1 COUNCILMEMBER REPORTS: Hedberg: Commented that the 2040 Vision and Strategic Plan was published and handed out at the work session. Stated the document was well put together and thanked everyone who participated in its production. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON, seconded by SOUKUP. The motion carried and the meeting adjourned at 9:25 p.m. - V"'q— Frank B&4 dity Manager 1110 14 City Council Meeting Minutes 9