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Home My WebLink About4-Minutes o� pRIOj U 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 12, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Thompson.Also present were Manager Boyles,Assistant Manager Meyer,Attorney Rosow, Finance Director Erickson, Engineer/Inspections Director Poppler, Community and Economic Development Director Rogness, Planner Matzke, Community Development Specialist McCabe, Police Chief O'Rourke, Communications Coordinator Peterson, and Executive Assistant Dull. OATH OF OFFICE Attorney Rosow administered the Oath of Office to Councilors McGuire and Thompson. Mayor Hedberg recessed the meeting at 7:05 p.m. to allow new Councilors photo opportunity. The meeting was reconvened at 7:09 p.m. PUBLIC FORUM Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:10 p.m. Members of the Public Who Commented at Public Forum in Opposition to a Recent Council Decision Which Approved Additional Boat Slips on Spring Lake for Spring Lake Estates Curt Hennes (17286 Sunset Tr. SW, Prior Lake) Charles Elliott(17091 Sunset Ave., Shakopee) Jim Weninger(2591 Spring Lake Rd., Shakopee) Craig Clausen (17570 Vergus Ave., Jordan) Christian Markeberg (17356 Vergus Ave, Jordan) Randy Baldwin (2535 Spring Lake Rd.) Glenn Kelley (2850 S. Shore Dr., SL Twp.) Lauren Peters (2630 S. Shore Dr., SL Twp.) Jeff Will (2600 S. Shore Dr., Prior Lake) Michelle Beard (2550 S. Shore Dr., SL Twp.) Brian Lundquist (17291 Sunset Ave., Shakopee) Jackie Elliott(17091 Sunset Ave., Shakopee) Comments: Per Annexation Agreement with Spring Lake Twp., there was a limit of 30 boat slips for Spring Lake Estates. Now it is the opinion of the City Attorney that additional boat slips are allowed. The Watershed District completed a large elm sulfate treatment on Spring Lake two years ago with the understanding that the number of boat slips would not increase. Treatments were to continue at a large cost but with additional boats, that may not be possible. Mathematical formula to calculate the maximum number of boat slips was not clear. Shorelines on Spring Lake need to be protected as there weren't the many bays, coves,etc.which mitigate impacts. Wildlife will also be impacted by increased boat slips. Council shouldn't increase boat slips from 30 to 52 and allow up to 75. The issue wasn't thoroughly discussed by the Council. Spring Lake Estates allows three boats per lot which would be a significant impact to the quantity of boats, the quality of the lake, wakes will increase toxic algae growth resulting in less use. Increasing lake traffic results in additional safety issues. Concerns with lack of communication. The City doesn't own all of Spring Lake until completely annexed which is estimated at 2025 but still approved additional slips without notice to all involved. Keep Spring Lake congestion free; it is not Prior Lakes. Already water quality and safety issues and additional boats won't help. Appeal process of five days was insufficient as no one can appeal when no one was notified of the decision. Requests to Council to reevaluate, contact Spring Lake Twp. Board, Watershed and discuss the issues, and focus on cleaning up the lake before adding more pollution from increased boats. 1 Members of the Public Who Commented at Public Forum in Support of a Recent Council Decision Which Approved Additional Boat Slips on Spring Lake for Spring Lake Estates Sarah Collest (1951 Belmont Ave., Prior Lake): Representing Spring Lake Estates Association. References to 2002 Annexation Agreement was inaccurate as it was superseded in 2003 and that agreement makes no mention of boat slip limitations. Limitations were removed from the agreement. A neighborhood survey was conducted to determine the average number of boats per lot. Spring Lake Estates could have requested additional boat slips as they were allowed up to 75 but only requested a maximum of 54. The Council approved the increase on December 22, 2014 and because there was only a five day appeal period which has lapsed, requested the Council close the issue. Hedberg: Requested description of the process of the ordinance amendment Rogness: Explained that as a result of the opposed marina expansion, there was a moratorium passed and a marina task force was established. It wasn't the original intent to look at associations but during shoreland review, associations were added to the scope. Stated marinas were then split into commercial, recreational and association boat slips. Marinas were regulated by the DNR. The formula in the ordinance was 1 boat per 18 feet of shoreland. Following review of association documents, the number of slips were wide and varied.At that point, the conclusion was that the City allows 6 slips per home on both Prior Lakes and Spring Lake which equates to one per 12.5 ft. That ordinance amendment was then approved by the Council. When Spring Lake Estates Association approached staff with the request to increase, the decision was that the annexation didn't apply and the ordinance, as amended, would.Added that the process for review is through the Zoning Administrator which was himself. Stated that if additional limitations for associations, traffic, slips, etc., Council may want to consider revisiting and or reestablishing the task force. Hedberg: Suggested reopening the issue as it seemed the people involved in the process didn't believe the ordinance would cover Spring Lake. McGuire: Suggested staff provide a report at the next Council meeting regarding the issue. Keeney:Asked whether the process for associations was administrative previously,whether Council changed it, and suggested moving it to a CUP process to be able to hold a public hearing. Also asked was appeal process options were. Rogness: Explained the process was administrative and primarily the responsibility of the DNR. Rosow: Advised City Code specifies a right to appeal an administrative decision to the Board of Adjustments and Appeals (Planning Commission) and does not specify a need for notice as typically, administrative matters are not subject to resident notice requirements. Added that an appeal from the decision of the Board of Adjustments and Appeals would be heard by the Council. Morton: Inquired whether Council had discretion on the five day appeal period or could direct the Board of Adjustments and Appeals to hear the issue. Rosow: Stated an appeal has to be filed within the five days or the Council can also, on its own motion, bring the matter forward to the Board of Appeals. Keeney: Inquired whether any ordinance amendment would be retroactive. 0112 15 City Council Meeting Minutes 2 Rosow: Explained that if issued in error, for example a building permit was issued for a house to be built over a property line, cities have revoked the permit unless the property owner has relied upon the decision and invested money. Stated further investigation of reliance upon the decision would be warranted before any revocation decision. MOTION BY MCGUIRE, SECOND BY KEENEY, DIRECTING STAFF TO BRING A REPORT REGARDING BOAT SLIPS AND DETAILS OF THE ISSUES BROUGHT UP AT THE PUBLIC FORUM, ENCOMPASSING UPPER AND LOWER PRIOR LAKES AND SPRING LAKE, TO THE JANUARY 26, 2015 COUNCIL MEETING FOR CONSIDERATION AND FURTHER DIRECTION. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF AGENDA Hedberg: Removed item 10A and defer to January 26, 2015 Council Agenda per work session discussions. MOTION BY KEENEY, SECOND BY MORTON, TO APPROVE THE AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF DECEMBER 22, 2014 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY KEENEY, TO APPROVE THE MINUTES OF THE DECEMBER 22, 2014 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ N Absent ❑ ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA Boyles: Reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Resolution Nos. 15-001, 15-002, and 15-003: 1)Accepting the Improvements for the Hickory Shores 3rd Addition; 2)Accepting the Improvements for the Hickory Shores 4th Addition; and 3) Accepting the Improvements for the Maple Glen 4th Addition C. D. Consider Approval of Resolution No. 15-004 Authorizing the Mayor and City Manager to Approve Amendment to the Southwest Metro Drug Task Force Joint Powers Agreement and Authorizing the Continued Membership in the Task Force by the Prior Lake Police Department E. Consider Approval of Resolution No. 15-005 Approving Funding for a Flood Reduction Study to be Completed in Partnership with the Prior Lake Spring Lake Watershed District 0112 15 City Council Meeting Minutes 3 Keeney: Requested 6C be removed for discussion. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PUBLIC HEARINGS: 8A. Public Hearing to Consider Approval of the Proposed 2015 Official Fee Schedule and Consider Approval of Amendments to the Prior Lake City Code, Subsection 106.600 (Adoption of Official Fee Schedule) and a Resolution Approving the Summary Ordinance for Publication Erickson: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended approval of a resolution approving the summary of ordinance 115-01 and ordering the publication of said summary. Keeney: Inquired about whether changes to the CIP with regard to the water treatment facility were incorporated, asked about the elimination of canoe rental, and asked about trunk and development fees. Morton: Asked about park dedication fees and whether the study had been finalized. Erickson: Explained that the water treatment facility was a project for 2019 and future budgets and fee schedules would be impacted but not reflected in 2015. Stated the city no longer had canoe rental and that development fees are included in the fee schedule but there are no changes at this time. Commented that the park dedication fees study has not been completed. MOTION BY MORTON, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 8:07 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. McGuire: Concerned with voluntary membership at Club Prior for residents as well as exercise fees for residents. Suggested keeping voluntary fee in place for nonresidents but keeping Club Prior free for residents. Keeney: Asked about timeline for review of water rates McGuire: Inquired about water rates used for budgeting purposes. Erickson: Advised that water rates would be reviewed in the summer and that the proposed rates were used in the budget per budget workshop discussion last fall. 0112 15 City Council Meeting Minutes 4 MOTION BY MCGUIRE, SECOND BY KEENEY TO DELETE CLUB PRIOR VOLUNTARY MEMBERSHIP FEE AND EXERCISE FEE FOR RESIDENTS ONLY. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MORTON, SECOND BY KEENEY TO CLOSE THE PUBLIC HEARING, APPROVE ORDINANCE 115-01 REVISING SECTION 106.600 OF THE PRIOR LAKE CITY CODE AND ESTABLISHING A FEE SCHEDULE FOR ALL CITY LICENSE FEES, USER CHARGES AND PERMIT CHARGES PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND APPROVE RESOLUTION NO. 15-006 APPROVING THE SUMMARY OF ORDINANCE 115-01 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 8B. Public Hearing to Consider Approval of a Resolution Adopting a Reassessment roll for Certain Real Property Benefitted by the Welcome Avenue Industrial Park Improvements (Project 12-012) Gehler: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended holding the public hearing and approve a resolution adopting a reassessment roll for certain real property benefitted by the Welcome Avenue Industrial Park Improvements noting that the resolution included a provision to allow for reassessment if successful in the appeal. MOTION BY MCGUIRE, SECOND BY KEENEY TO OPEN THE PUBLIC HEARING AT 8:16 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Inquired whether the appeal would be resolved in 2015 Keeney: Commented this reassessment was being done under court order and that this reassessment does not change the opinion of the original assessment being the correct amount. Rosow:Advised that briefs were being submitted, the court may schedule oral arguments a few months out and the court would then have 90 days to make its decision. Confirmed the appeal would be resolved in 2015.Added that reassessment was necessary under court order and the reassessment was not in conflict with the appeal. MOTION BY KEENEY, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AND ADOPT RESOLUTION NO. 15-007 ADOPTING A REASSESSMENT ROLL FOR CERTAIN REAL PROPERTY BENEFITTED BY THE WELCOME AVENUE INDUSTRIAL PARK IMPROVEMENTS (PROJECT 12-012). 0112 15 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye E E E E E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS 9A. Consider Approval of Annual Meeting Designations and City Council Appointments to Boards, Commissions and Committees Boyles: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended the Council act on each appointment individually or as a group. Morton: Suggested deferring liaison appointments to have further discussions. Keeney: Suggested appointing so liaisons do not miss any meetings in the interim. Boyles:Advised that per the Bylaws, Council was required to at minimum hear the report and recommendations. Also noted Council needed to decide on the City's official newspaper. Hedberg: Recommended the Council approve the slate with caveat that if there were any issues with appointments over the next few weeks, reappointments could take place. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE SLATE OF APPOINTMENTS AS RECOMMENDED, DESIGNATE THE PRIOR LAKE AMERICAN AS THE OFFICIAL NEWSPAPER FOR 2015, AND APPROVE RESOLUTION NO. 15-012 DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE Hedberg Keeney McGuire Morton Thompson Aye E E E E E Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 6C. Consider Approval of a Resolution Appointing Daniel Stratton to the Technology Village Board of Directors Rogness: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Noted that Mr. Stratton has met with the Board as a whole as well as individual members and all agreed that having a connection would be highly valued to the Technology Village Board. Staff recommended the Council approve a resolution appointing Dan Stratton as a member of the Technology Village Board of Directors. Keeney: Commented there was some concern by residents with regard to the close association of Mr. Stratton and the SMSC given the current sensitivity with land trust negotiations. Stated that the Technology Village Board of Directors was deliberately attempting to recruit a member of the SMSC to benefit all and he agreed with the goals of the Board and the EDA moving forward. 0112 15 City Council Meeting Minutes 6 Hedberg: Noted that Mr. Stratton has been a land manager for the SMSC for a number of years but he was also a Prior Lake business owner. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION NO. 15-011 APPOINTING DANIEL STRATTON TO SERVE ON THE TECHNOLOGY VILLAGE BOARD OF DIRECTORS EFFECTIVE JANUARY 12, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B. Consider Approval of a Resolution Amending City Council, Economic Development Authority, Planning Commission and Advisory Committee Bylaws as Recommended by the Bylaws and Compensation Committee Boyles: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended the Council adopt all bylaws revisions by adopting the approving resolution and provide direction with respect to televising meetings on cable TV. Keeney: Briefly reviewed the changes made to public forum procedure clarifying issues that can be heard depending upon whether a public hearing is scheduled as well as materials to be submitted to Council and other minor language changes for consistency. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION NO. 15-008 AMENDING CITY COUNCIL, ECONOMIC DEVELOPMENT AUTHORITY, PLANNING COMMISSION, AND ADVISORY COMMITTEE BYLAWS AS RECOMMENDED BY THE BYLAWS AND COMPENSATION COMMITTE. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 10B. Consider Approval of an Ordinance Amending Subsections 1101.1000, 1102.1200 and 1102.1300 of the Prior Lake Zoning Ordinance Related to the C-3 Business Park Use District Rogness: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended the Council approve an ordinance amending Subsections 1101.1000, Land Use Descriptions; 1102.1200, "C-3" Business Park Use District; and 1102.1300 Commercial Restrictions and Performance Standards of the City of Prior Lake Zoning Ordinance, as proposed or with changes specified by the City Council as well as approve a resolution adopting the Summary of Ordinance and ordering the publication of said summary. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE ORDINANCE NO. 115-02 AMENDING SUBSECTIONS 1101.1000, LAND USE DESCRIPTIONS; 1102.1200, "C-3" BUSINESS PARK USE DISTRICT; AND 1102.1300 COMMERCIAL RESTRICTIONS AND PERFORMANCE STANDARDS OF THE PRIOR LAKE 0112 15 City Council Meeting Minutes 7 CITY CODE RELATED TO THE C-3, BUSINESS PARK USE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION NO. 15-009 APPROVING THE SUMMARY OF ORDINANCE 115-02 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 10C. Consider Approval of: (1)A Resolution Amending the 2030 Comprehensive Land Use Plan from Community Retail Shopping (C-CC) to Planned Use (P-US), and (2)An Ordinance Amending the Official Zoning Map from General Business (C-2) to Business Park(C-3), all for Property on Fountain Hills Drive Rogness&Matzke: Reviewed the staff report dated January 12, 2015 in connection with the agenda item. Staff recommended the Council approve a resolution amending the 2030 Comprehensive Land Use Plan from Community Retail Shopping (C-CC) to Planned Use (P-US)for property on Fountain Hills Drive and approve an ordinance amending the Official Zoning Map from General Business(C-2)to Business Park(C-3)for property on Fountain Hills Drive. Keeney: Confirmed the zoning and uses, asked what dictated the change and whether there was any consideration of parcel splits. Also inquired about buffering to the east for the existing residential property what screening requirements were. Rogness: Explained the zoning is proposed to be amended from C-2 to C-3 from business to more of office/warehouse and that warehouse uses did not meet the C-2 permitted uses. Stated that no comments were received with regard to lot split and believed it was the intent of the property owner to keep the parcel as a whole for potential expansion in the future. Matzke: Advised that the setback from the property line between the existing residential and commercial would be sufficient with the significant grade change.Added that the Townhomes sat at a higher elevation and so they would still be able to see the commercial to some degree but there was quite a bit of separation. Hedberg: Asked about the timeframe for Met Council approval of a Comprehensive Plan amendment. Rogness: Stated that Met Council advised the process for approval would be 30 days if there were no issues. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION NO. 15-010 AMENDING THE 2030 COMPREHENSIVE LAND USE PLAN FROM COMMUNITY RETAIL SHOPPING (C-CC) TO PLANNED USE (P-US) FOR PROPERTY ON FOUNTAIN HILLS DRIVE. 0112 15 City Council Meeting Minutes 8 VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE ORDINANCE NO. 115-03 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE. OTHER BUSINESS I COUNCILMEMBER REPORTS: Morton: Commented that in order to recognize the retiring Chief of Police Bill O'Rourke, there would be a reception for him on Saturday, February 7, 2015,from 2 p.m. to 6 p.m. at Fongs. Encouraged everyone to attend to say good bye. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON, seconded by KEENEY. The motion carried and the meeting adjourned at 9:11 p.m. - VA41 — Frank B6y@4 dity Manager 0112 15 City Council Meeting Minutes 9