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HomeMy WebLinkAbout4 - Minutes from 2/9/15 Council Meeting OI PRIO+i' U 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES SOAP February 9, 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 Johnson, Finance Director Erickson, Engineer/Inspections Director Poppler, Project Engineer Thongvanh, Community and Economic Development Director Rogness,Planner Matzke, Public Works Director Gehler,Police Chief O'Rourke, Fire Chief Hartman, and Executive Assistant Dull. PUBLIC FORUM Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:04 p.m. Curt Hennes, (17286 Sunset Tr. SW, Prior Lake): Announced there would be a flood modeling study kickoff at City Hall on Thursday, February 19th beginning at 6:30 p.m. and anyone interested is invited to attend. Hedberg: Closed the Public Forum at 7:06 p.m. APPROVAL OF AGENDA Boyles: Requested removal of item 7A per the request of the appellant and for the public hearing to be reset. MOTION BY KEENEY, SECOND BY MCGUIRE, TO APPROVE THE AGENDA AS AMENDED REMOVING ITEM 7A. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF JANUARY 23,2015 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY MORTON, TO APPROVE THE MINUTES OF THE JANUARY 23, 2015 CITY COUNCIL MEETING. VOTE Hedber Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ 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 December 2014 Treasurer's Report C. Consider Approval of 4th Quarter 2014 Investment Report D. Consider Approval of a Massage Therapy License for Kendra Sue Doerr 1 E. Consider Approval of a Resolution Appointing Individuals to Serve on the Parks Advisory Committee F. Consider Approval of a Resolution Authorizing Full and Final Payment to Chard Tiling and Excavating for the Ridgemont/Main Avenue/Trunk Highway 13 Improvement Project(TRN13-00003) Keeney: Thanked all applicants for the Parks Advisory Committee for wanting to volunteer with the City and recited the appointments being recommended. MOTION BY KEENEY, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS: 6A. Presentation to Retiring Police Chief Bill O'Rourke Hedberg: Presented a City of Prior Lake Sailboat Plaque to Chief O'Rourke for his 17 years with the City. Keeney: Commented that the Chief's long dedication shows it was much more than a job and thanked Chief O'Rourke on behalf of the citizens of Prior Lake. Morton & McGuire: Thanked Chief O'Rourke for his service and commented it was a pleasure knowing him. PUBLIC HEARINGS: 7A. PubliG HeaFing to GensideF aR Appeal fmm Peter Plink, DBA PFier Lake Shell, from the Penalties OLD BUSINESS 8A. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construction Contract for the Maple Lane, Mushtown Road, Panama Avenue Improvement Project (TRN 14-000001) Thongvanh: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Staff recommended the Council approve a resolution accepting bids and awarding the City's Standardized Construction Contract to Chard tiling & Excavating for the Maple Lane, Mushtown road, Panama Avenue Improvement Project(TRN14-00001). Keeney: Noted that the assessments were to be deferred until construction is substantially complete and asked how the numbers could be shown as preliminary. Poppler: Advised that a preliminary funding table is required to set aside the money and put in a construction fund as there would be expenditures before the assessment hearing. Johnson: Recommended including the word "preliminary" in number 5 of the resolution. MOTION BY KEENEY,SECOND BY MCGUIRE TO AMEND THE RESOLUTION TO INCLUDE"PRELIMINARY" FUNDING IN CLAUSE 5. VOTE Hedberq Keeney McGuire Morton Thompson Aye N N N N 02 09 15 City Council Meeting Minutes 2 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton:Asked about the timeline for a neighborhood informational meeting and asked staff to make sure to give sufficient notice so residents can make time in their schedules. Thongvanh: Stated it would likely be early March but a contract needed to be awarded first. Keeney: Inquired whether there would be any issues with Chard Tiling given past issues. Poppler: Confirmed issues in the past but they have been a great contractor to work with. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 15-123 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR THE MAPLE LANE, MUSHTOWN ROAD, PANAMA AVENUE IMPROVEMENT PROJECT (TRN14-00001)AS AMENDED. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 8B. Consider Approval of a Resolution Approving the Negotiated Settlement Value and Authorizing the Officials to Make Offer to Purchase Interests in Real Property at the Negotiated Settlement Value for the Maple Lane, Mushtown Road, and Panama Avenue Improvement Project(TRN14-000001) Thongvanh: Reviewed the staff report dated February 9,2015 in connection with the agenda item and distributed a negotiated value for consideration. Staff recommended Council approve a resolution approving the negotiated settlement value and authorizing the officials to make offer to purchase interests in real property at the negotiated settlement value. Keeney: Noted the resolution includes authorization to acquire by negotiation or condemnation confirming there wouldn't be any condemnation since all properties have come to an agreement. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-124 APPROVING THE NEGOTIATED SETTLEMENT VALUE AND AUTHORIZING THE OFFICIALS TO MAKE OFFER TO PURCHASE INTEREST IN REAL PROPERTY AT THE NEGOTIATED SETTLEMENT VALUE FOR THE MAPLE LANE, MUSHTOWN ROAD,AND PANAMA AVENUE IMPROVEMENT PROJECT(TRN14-000001). VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 8C. Consider Approval of: 1) an Interim Ordinance to Temporarily Prohibit Development, Zoning, Subdivision and Building or Zoning Permits for Boat Slips for Controlled Access Lots Adjacent to 02 09 15 City Council Meeting Minutes 3 Spring Lake within the City of Prior Lake; 2) a Resolution Authorizing a Study and Task Force; and 3) a Resolution Approving an Ordinance Summary and Publication Rogness: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Staff recommended the Council adopt the interim ordinance prohibiting development, subdivision, zoning and building permits for Controlled Access Lot boat slips on Spring Lake, adopt a resolution authorizing a study, and adopt a resolution approving the summary of the interim ordinance and ordering publication. Keeney: Confirmed with Rogness that a CUP process would provide for a public hearing and ability to add conditions to mitigate issues on the lake or shoreline. Johnson: Advised that a moratorium can be enacted for one year, if the Council desires and suggested submission to the orderly annexation board for discussion as well. Hedberg: Commented they hoped to work with Spring Lake Township Board to have similar ordinance and consistent regulations around the lake. Thanked the members of the original marina task force noting this effort is to address issues that were partially out of the scope of the original members. MOTION BY KEENEY, SECOND BY THOMPSON TO APPROVE ORDINANCE 115-04, AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING DEVELOPMENT, ZONING, SUBDIVISION AND BUILDING OR ZONING PERMITS RELATED TO BOAT SLIPS FOR CONTROLLED ACCESS LOTS ADJACENT TO SPRING LAKE WITHIN THE CITY OF PRIOR LAKE; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Clarified that there would be no expense other than some staff time. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-125 AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE MAY BE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO BOAT SLIPS FOR CONTROLLED ACCESS LOTS ON SPRING LAKE WITHIN THE CITY OF PRIOR LAKE VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MCGUIRE, SECOND BY THOMPSON TO AMEND THE SUMMARY ORDINANCE LANGUAGE TO SHOW CORRECT MORATORIUM SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ 02 09 15 City Council Meeting Minutes 4 Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-126 APPROVING THE SUMMARY OF ORDINANCE NO. 115-04 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye Z Z Z Z Z Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Keeney: Asked that the Spring Lake Township Board also consider enacting a similar moratorium. 8D. Consider Approval of a Resolution Authorizing Acquisition of Property for the 150th Street / TH13 Improvement Project Poppler: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Staff recommended the Council approve a resolution authorizing property acquisition up to $1,030,150 for the 150th Street and Trunk Highway 13 Improvement Project. Morton:Asked where the changes were resulting in the costs proposed. Hedberg: Noted costs for the project were increased however the project has been needed for many years and believed that Council should move forward and possibly look at modifying or delaying other projects. Keeney: Commented that the State requested additions to the project and requested confirmation that those additions would not be incorporated. Poppler: Explained that original acquisition was to include portions or all of 7 parcels but due to road grade issues on 150th Street, there are additional slope and temporary easements needed on the Prior Lake side. Displayed the design showing the left turn lane into Rustic Road requested by the State which was budgeted in the resolution and accounts for approximately$250,000. Hedberg: Asked whether it was appropriate to ask Savage to request an alternate. Morton: Stated that the Council wanted to delay Rustic Road modifications to be a part of future design but now MnDOT was requesting they be included and asked if there would be other surprises to the project. Confirmed with Poppler that Savage is sharing in costs for the turn lane. Poppler: Explained that additions to projects can be bid separately and depending upon the price quotes received, additions can be decided then. Advised that MnDOT feels the left turn lane needs to be a part of the project so they are deducting for that portion. McGuire: Suggested bidding the turn lane as an alternate and pursue additional funds from MnDOT and/or Savage to help in costs. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-127 AUTHORIZING ACQUISITION OF PROPERTY FOR THE 150TH STREET AND TH 13 IMPROVEMENT PROJECT. 02 09 15 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 8E. Consider Approval of a Resolution Accepting Proposals, Entering into the City's Standardized Professional Services Agreement for Engineering Services for the Stemmer Ridge Road Extension Project(TRN14-00004) and Authorizing the Mayor and City Manager to Execute said Agreement Poppler: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Staff recommended the Council approve a resolution awarding the City's Standardized Professional Services Agreement with WSB &Associates for the Stemmer ridge road Extension Project. Keeney: Commented that if deferred, it would push back the ability to proceed with the 429 process and they need some of the deliverables to proceed with acquisition and contract. Hesitant to spend money on design but also to pull back what is needed to proceed at this point. MOTION BY MCGUIRE,SECOND BY KEENEY TO DELAY APPROVAL AND BRING IT BACK IN TWO WEEKS. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY HEDBERG, SECOND BY MCGUIRE TO DEFER CONSIDERATION OF A CONTRACT FOR TWO WEEKS IN AN ATTEMPT TO ACHIEVE A FINAL DECISION ON THE COOPERATIVE AGREEMENT. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A. Consider Approval of an Ordinance Amending Section 1102, Use District Regulations, of the Prior Lake City Code as Subsection 1102.1600, Expansion of a Nonconforming Restaurant Use Rogness & Matzke: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Two additional conditions were recommended for addition to the approval including: 1) parking lot on Project Site B shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style at a maximum height of 42 inches; and 2) no outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. Staff recommended the Council approve an ordinance adding subsection 1102.1600 to permit an expansion of a nonconforming restaurant, as proposed or as may be further amended by the Council. 02 09 15 City Council Meeting Minutes 6 Hedberg:Commented that expansion of the nonconforming restaurant use is being proposed but that the building footprint is actually shrinking, being repositioned and having less seating and the expansion is due to the proposed parking lot. McGuire:Asked about indoor versus outdoor hours of operation suggesting outdoor service hours stop one hour earlier than hours of operation and proposed 10 p.m. as the cut off Sunday through Thursday and 11 p.m. as cut off on Friday and Saturday. Added that he was concerned about the parking lot and buffering but the biggest concern by the neighborhood has been the street parking and the proposed parking lot attempts to mitigate the issues. Suggested also looking at adding a 3-way stop at Green Heights Tr, and Dutch. Keeney: Stated it was appropriate to look at ways to minimize impact to the neighborhood which may not all be tied to parking.Agreed with suggestion to stop serving at 10 p.m. and any music should be cut off at appropriate time per any noise ordinances in place. Not in favor of additional parking lot and suggested allowing only one row of parking to be consistent with existing ordinance which justifies 15 spots for rented slips. Added that the resolution should specifically limit boat slips to 80 as currently exist and had some concerns for mitigation of impervious surface in the parking lot. Confirmed with Rogness and Matzke that the parking lot would meet code and tree/planting replacement requirements. Suggested that if the proposed parking lot proceeds as is, require additional buffering. Also suggested the Traffic Safety Committee review whether a 3-way stop would be warranted. Morton: Echoed Councilor Keeney and was concerned with sandwiching a parking lot between two neighboring properties suggesting additional setback be in place. Commented she had no concerns with revisions to allow breakfast hours on the weekends of 9 a.m. Hedberg: Agreed that the proposed parking lot reduces impact to the entire neighborhood and gets cars off the street but agreed that additional buffer should be included. Thompson: Confirmed with Rogness that the parking lot property was zoned R1 and a parking lot is permitted as an accessory use. Keeney: Questioned why the Council would consider variations for parking lot and buffer and answered that it is because the developer doesn't have sufficient land to put the requirements in. Commented he was not motivated to waive the requirements for this project because it seems special somehow. Displayed a photograph of the area with Green Heights resort noting there have been expansions of the use over time that has impacted the neighborhood and didn't want to keep expanding with each new owner. McGuire: Responded that the parking lot was not being considered because it is a special project but rather because it alleviates on-street parking issues if it can be buffered properly. Hedberg: Explained that the alternative to this proposal was that the existing owners reopen in the existing use and the issues that have been presented for a number of years will continue. Believed the project was unique and would rather see it changed as long as they ensure adequate protections are in place for the neighbors. Morton: Recapped the Planning Commission public hearing and commissioner comments noting they were split. Agreed that the community as a whole is served by having a good restaurant on the lake and didn't disagree that there is a need for additional parking lot but disagreed with the placement of the lot. Thompson: Echoed Councilor Morton's comments and was opposed to parking lots being next to homes. 02 09 15 City Council Meeting Minutes 7 Boyles: Suggested Councilors take the issues one at a time to determine consensus. Hedberg: Confirmed all Councilors agree to no music after 10 p.m. and that outdoor service should cease one hour before closing which would be 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday. Keeney: Suggested reducing to one row and one aisle of parking (16-20 stalls) to provide enough buffer. Asked where employees would park as he was not inclined to have employees parking in the proposed lot as they typically leave later than customers. McGuire: Suggested allowing 22-24 parking stalls with heavier buffer to the west. Thompson: Inquired whether the vacant lot on the corner could be purchased instead and whether the restaurant is doable without the parking lot as proposed. Jeff Petschl (applicant): Explained that the corner lot was envisioned as such but the owners of that property have plans for redevelopment and it was a matter of price and the ability to develop the property. Hedberg: Commented that parking on the street is a big issue for the neighborhood noting that consensus of the parking lot was still uncertain. Commented that the DNR regulates boat slips to marinas so any restriction may only be advisory. Johnson: Advised that Council could restrict the number of boat slips but the restriction would not trump the DNR. Roger Burks, Bill Kranz, and Jeff Petschl (applicants): Commented that the business model wouldn't work without the parking lot but they were ok with the limits on outdoor music and outdoor service ceasing one hour before closing.Advised that they needed the 32 parking stalls to keep boat slip traffic out of the restaurant parking lot and that employees would not use the proposed lot. Stated they were still working out details of where employees would park. With regard to buffering with all 32 stalls as proposed, they were willing to work with neighboring property owners to get additional buffer installed off site. Agreed to limitation of 80 slips and 42 inch down directed bollard lighting in the parking lot. Commented that they came into the project seeing a need for additional parking and this was the proposal to alleviate the problem stating they were trying to work with the community. With regard to the vacant lot, they would be interested in acquiring but the objective was to not have thousands of people there nightly but rather make it a small, community, family-friendly restaurant. MOTION BY MCGUIRE, SECOND BY HEDBERG TO AMEND THE PARKING LOT CONDITIONS TO PROCEED AS SUBMITTED TO MEET OR EXCEED REQUIREMENTS OF THE CITY'S BUFFER YARD TYPE C ALLOWING PLANTINGS TO BE OFF-SITE ON NEIGHBORING PROPERTIES, IF NECESSARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MCGUIRE TO CLOSE OUTDOOR SERVICE ONE HOUR PRIOR TO HOURS OF OPERATION. The motion failed for lack of a second. 02 09 15 City Council Meeting Minutes 8 MOTION BY KEENEY, SECOND BY MORTON TO CLOSE OUTDOOR SERVICE AT 11 P.M. SUNDAY THROUGH THURSDAY AND MIDNIGHT FRIDAY THROUGH SATURDAY. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ❑ ED 0 Nay ❑ ❑ ® ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Keeney: Suggested that at the time of liquor license review, Council can determine if complaints justify an amendment to the ordinance for hours of operation and ceasing service of outdoor sales. Boyles: Commented that there would be limited enforceability of on-street parking. Morton: Asked what the policing side of the employee street parking would be as there is no guidance on the front side and no penalty on the back side. Keeney: Suggested making employee street parking complaint based like animals at large. MOTION BY KEENEY, SECOND BY MCGUIRE TO NOT ALLOW ANY EMPLOYEE PARKING ON STREET AND ACKNOWLEDGING DIFFICULTY IN ENFORCEMENT. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY KEENEY, SECOND BY MORTON TO INCORPORATE ADDITIONAL CONDITIONS PROPOSED INCLUDING: 1) PARKING LOT ON PROJECT SITE B SHALL BE USED ONLY BY THE USE OF PERMITS AS APPROVED BY THE OWNER FOR BOAT SLIP RENTERS ASSOCIATED WITH THE MARINA OPERATION, AND FOR SPECIAL EVENTS AND OVERFLOW PARKING SHALL BE ALLOWED BY VALET ONLY. LIGHTING FOR THIS PARKING LOT SHALL BE LIMITED TO A CUT-OFF, BOLLARD-STYLE AT A MAXIMUM HEIGHT OF 42 INCHES; AND 2) NO OUTDOOR MUSIC OF ANY KIND SHALL BE ALLOWED PAST 10:00 P.M., MONDAY THROUGH SUNDSAY. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Keeney: Noted that without the parking lot, applicants funding may fall through but asked that Council continue to discuss the parking lot and whether it was a construction priority. McGuire: Commented he could not support the proposal without the parking lot as Council would be requesting employees to park in the lot but slip rentals would still ark on the street. 02 09 15 City Council Meeting Minutes 9 Hedberg: Stated he was sympathetic to adjoining property owners but was also aware of the issues in the neighborhood and that the parking lot was important to the business model. Morton: Commented she wanted to have a good business and support lake activities but the parking lot was difficult to approve.Suggested that if it is eliminated from the proposal,there may be another option or opportunity. Added that parking should be off the street but there may be opportunities at other locations as a parking lot between two homes was not the highest and best use. Stated she would support 16-20 parking stalls. Hedberg: Commented that impact to the neighborhood was his driving force for the parking lot and that other locations would be great but Council could not control private property transactions. Thompson: Asked whether the Council could do something financially for the people next to the proposed parking lot. Johnson:Advised that would be beyond regulatory authorities. MOTION BY KEENEY, SECOND BY THOMPSON TO ELIMINATE THE PARKING LOT IN ITS ENTIRETY FROM THE PROPOSAL. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ Nay ® ® ® ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ El ❑ ❑ The motion failed. McGuire:Asked if an application for additional parking could come back to Council if the 16-20 went through. Johnson:Advised that if improvements are done and there is a financial investment, it is not likely and reminded Councilors that parking is regulatory. Keeney: Suggested that if additional land is acquired in the future, they could apply for additional parking at that time. Commented that the normal marina ordinance would require 15 stalls at 4 slips per owner and that the purpose of the lot is to get parking off the street and add parking necessary to the business. Hedberg: Commented he was opposed to the reduced parking stalls and was concerned due to applicants' comments and impact to the neighborhood. MOTION BY KEENEY, SECOND BY MORTON TO REDUCE THE NUMBER OF PARKING STALLS ON PROJECT SITE B TO 16-20 STALLS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ® ❑ Nay ® ❑ ® ❑ ❑ Abstain ❑ ❑ ❑ F-1 ❑ Absent ❑ ❑ ❑ F The motion carried. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE ORDINANCE 115-04 AMENDING SECTION 1102, USE DISTRICT REGULATIONS, OF THE PRIOR LAKE CITY CODE AS SUBSECTION 1102.1600, EXPANSION OF A NONCONFORMING RESTAURANT USE AS AMENDED. 02 09 15 City Council Meeting Minutes 10 VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ® ® ® ❑ Nay ® ❑ ❑ ❑ ER Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Petschl: Advised that the property will not close without the parking lot and at least 30 stalls so they will likely not be redeveloping at this point. 9B. Consider Approval of a Resolution Approving Comments Regarding the City's Position on the Proposed Fee to Trust Application of the SMSC for Approximately 87 Acres formerly known as the YMCA Property Boyles: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Noted no resolution was provided but rather, recommended the Council approve the response to the BIA as written. Morton:Commented she did not object but that the response seemed too much in the affirmative, asked whether the outlet channel easement was of record, and was concerned as the intent of the SMSC is to use the property as the YMCA camp but there were no assurances. Bill Rudnick!(SMSC Tribal Administrator, 233 Sioux Trail): Provided the council with a copy of the outlet channel easement recorded document as well as the ALTA survey showing the channel. Explained the property has been owned by SMSC for a number of years and it has not changed in shape, form, or fashion. However, couldn't guarantee that the property wouldn't change in the next 20-50 years but noted SMSC has a great relationship with YMCA to continue the use and make sure use of the property doesn't conflict between SMSC and YMCA. Also noted the SMSC's long history of working with local governments. Keeney: Suggested various language and tone changes to the response as well as requesting an opportunity for additional objections should the use of the property change. Morton: Agreed that language should be included to revisit with regard to planned use in the city. Hedberg: Confirmed with Tribal Administrator Rudnicki that there likely wouldn't be any other opportunities to comment once the land is placed in trust. Keeney: Asked that the response be expanded and requested additional language to show: the City's position is to applaud the SMSC's planned use as a natural reserve; recorded outlet channel easement; use of property with regard to urban development; cumulative effect of overlapping economic development, transportation and infrastructure network, and orderly annexation and growth mandated by law and Met Council. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE RESPONSE TO THE BIA AS DISCUSSED. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 02 09 15 City Council Meeting Minutes 11 MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE AMENDED RESPONSE AND SUBMIT TO THE BIA. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9C. Consider Approval of a Resolution Authorizing 2015 Vehicle and Equipment Replacements and Purchases Gehler: Reviewed the staff report dated February 9, 2015 in connection with the agenda item. Staff recommended the Council approve a resolution authorizing the purchase of the proposed vehicles and equipment and disposal of the existing equipment as detailed in the report. Morton: Asked whether the previously discussed new methodology to determine actual use was used for the replacement projection numbers, repair counts, and general maintenance. Also noted that odometer readings would suggest there is still some marketable life in some of the items. Clarified that the replacements were all previously budgeted. Gehler: Explained that preventative maintenance was separated noting there were different levels of preventative and that all AMP's were removed. With regard to odometer readings, she asked that Council keep in mind that the vehicles are a complex mix of systems and plows are subject to salt and chemicals which then becomes difficult to maintain all systems. Confirmed replacement was budgeted in the equipment replacement fund which was a component of the tax levy. Thompson: Complimented staff for staying under budget and requested an explanation of the bid process. Gehler: Explained the two options in the bid process including get quotes or use the State bid process as well as contact local vendors to submit bids. Keeney: Inquired about the resolution net amounts, squads being removed from service, and street sweeper savings in water quality process and cost effectiveness. Gehler: Explained the trades and purchases planned and the squad cars to be transferred to Public Works to assist with seasonal staff. Commented she did not have the numbers for water quality savings with the street sweeper but worked with the U of M to collect the information. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-128 AUTHORIZING 2015 VEHICLE AND EQUIPMENT REPLACEMENTS AND PURCHASES. VOTE Hedberg Keeney McGuire Morton Thompson Aye 19 Z X CK 19 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 02 09 15 City Council Meeting Minutes 12 OTHER BUSINESS 1 COUNCILMEMBER REPORTS: Morton: Commented that every year the Councilmembers rotate committee liaison appointments. Noted the Communications & Technology Committee meeting recently attended and stated the City was slated to have a smart phone app with a potential go live in March. Hedberg: Noted that the EDA would be holding an open house at City Hall on Tuesday, February 10 regarding the downtown parking study. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by KEENEY, seconded by MORTON. The motion carried and the meeting adjourned at 10:42 p.m. (WA41 — Frank B ity Manager 02 09 15 City Council Meeting Minutes 13