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HomeMy WebLinkAbout4-City Council Minutes 03 09 15 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES March 9, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Acting Mayor McGuire, Councilors Keeney, Morton and Thompson. Mayor Hedberg was absent. Also present were Manager Boyles, Attorney Johnson, Finance Director Erickson, Engineer/Inspections Director Poppler, Community and Economic Development Director Rogness, Public Works Director Gehler, Police Lieutenant Hofstad, and Executive Assistant Dull. RECOGNITION OF KELLY MEYER Boyles: Introduced Kelly Meyer’s history with the city and accomplishments and the recognition process tonight. McGuire: Read a brief statement regarding Kelly written by Mayor Hedberg and recited the sailboat plaque language to present to family. Mike Myser (3857 Island View Cir. NW): Noted the significant response to finish Kelly’s umbrella but suggested instead to keep the umbrella unfinished in her honor. Stated he was fortunate to work with Kelly for 3 years as she was always prepared and her character was professional, happy, thorough, honest and intelligent. Sandi Fleck (5425 150 St.): Commented about the first time she met Kelly’s parents and Kelly’s reaction at the th business person of the year award as well as her reaction to having her parents surprise her at the event. Mentioned Kelly gave back to the community and had many ideas to move it forward. Stated that the umbrella project will be continued and renamed to “Kelly’s Umbrellas”. Doug Gesme (14225 Aspen Ave.): Expressed his sympathies to all that knew her stating she was special. Kristi Mustman (Dir. Communications for Prior Lake Schools): Commented that Superintendent Sue Ann Gruver hoped to attend but the school district was also having a board meeting. Stated she met Kelly through her service on the Chamber Board as a liaison. Commented Kelly was creative, intelligent, and was able to take complex issues and find common ground; she was an impressive woman. On behalf of Prior Lake Schools, we will miss her. Mike Peterson (11348 Jersey Ave. N, Champlain): Commented Kelly never made bad decisions and was his direct supervisor. Stated she was a difficult boss because she had so many good ideas to implement. Added that it was difficult to try to figure out how to get out of them but because a lot of times they were good so you had to say yes. Stated Kelly was always a creative and happy person and that the hardest thing to do is look at her office which seems so dark now, opposite of Kelly’s personality and image. Dan Rogness (Prior Lake Community Development Director): Stated the time he saw her most was at Art in the Park. Pointed out that one of his passions is photography and he had just purchased a tent and Kelly suggested he attend the event. Commented the first and last person he saw during the day was Kelly and between those times she was running around doing all kinds of things; she was a great person. Jack Haugen (4824 Adrian Cir. SE.): Commented that Kelly’s smile and blonde hair was a bright light in the corner and that it is difficult to observe the darkness in the corner alluded to by Mr. Peterson. Stated he was Mayor from 2002-2010 and one disagreement was on the Mayor’s involvement in city personnel decisions which 1 he recalled that he violated twice. Recalled the conversation with Frank regarding changing her position and thought it would be too much to change but that Frank reminded him that he was not involved in personnel. Stated he was totally dismayed, in a positive way, as she assumed so much responsibility and she was really challenged to do creative things. Pointed out that Kelly’s footprint was all over this building and she managed the downtown façade improvement program. Commented that public employees are sometimes criticized but he took pride in public employees and their passion for what they do adding that Kelly was great and made an impact to this community. Keeney: Stated her touch is the staff and the entity that is the City of Prior Lake that make the community a great place. Commented about indebtedness to her for her years of service, making it a better place, and her energy going into labor negotiations and many other things. Added that he was very appreciative to her and to have worked with her and that staff and the city are in a tough spot without her and didn’t know how she would ever be replaced. Morton: Stated when she first started, Kelly embraced educating her and getting her up to speed on Council matters. Kelly was very thoughtful, kind, and supportive and she relied on Kelly heavily to answer questions. Commented she was blessed to have Kelly in her life for the last two years. McGuire: Recessed the meeting at 7:26 p.m. Reconvenied at 7:30 p.m. PUBLIC FORUM Boyles: Reviewed the process for the public forum. McGuire: Opened the Public Forum at 7:31 p.m. Joe Menning (3062 Lake Haven Ct. NW, SMSC Agreement re Stemmer Ridge): Stated that the SMSC and the Prior Lake Mayor and City Manager are asking the Council to support land into trust. Asked whether that was a good position at this point and noted the positive and negative comments in the Prior Lake American recently. Asked the Council to consider additional facts including the City and County documents indicated 926 acres in Prior Lake and that the SMSC’s intent was to migrate all land into trust. Commented that the value of the total 2800 acres, once developed, could represent a tax value of approximately $30 million per year assuming primarily residential and some commercial development which is a huge amount for tax payers to bear. Added that tax paying commercial ventures would also be at a disadvantage to businesses on trust land. Quoted a BIA letter which stated the SMSC showed no need for additional trust land and commented that if the BIA sees no need, why would the City support the application simply to be a good neighbor. Brian Huttner (5115 Gateway St. SE, Pizza & Pasta Owner): Stated he opened in his existing location in 1997 and made substantial improvements since then which he’d have to do againt if having to relocate. He asked whether there were any plans to keep the tenants of Gateway Center in Prior Lake given the Gateway Redevelopment proposal. McGuire: Stated there were no plans with regard to the tenants at this point and encouraged Mr. Huttner to work with the planning department and Chamber of Commerce. Keeney: Suggested also working with the EDA and EDAC noting there was some discussion to retain some of those businesses in Prior Lake and was open to further discussion of what that means. McGuire: Closed the Public Forum at 7:38 p.m. 2 03 09 15 City Council Meeting Minutes APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY KEENEY, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. APPROVAL OF FEBRUARY 23, 2015 CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY THOMPSON, TO APPROVE THE MINUTES OF THE FEBRUARY 23, 2015 CITY COUNCIL MEETING. VOTE Hedberg 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 Resolution No. 15-133 Authorizing Full and Final Payment ot Scott Couny for the CSAH 21 Extynesion Project (SAP70-621-024, City Project 08-002, TRN09-000002) C. Consider Approval of Three Resolutions Accepting Public Improvements as follows: 1) Resolution No. 15-134 Jeffers Pond 5 Addition Development Project; 2) Resolution No. 15-135 Jeffers Pond 6 Addition Development Project; and thth 3) Resolution No. 15-136 Stemmer Ridge Phase 2 City Project #DEV03-000002 D. Consider Approval of the 2014 Annual Business Incentives Report E. Consider Approval of Resolution No. 15-137 Entering into a Contract with Automatic Systemks Company to Upgrade the Water SCADA System F. Consider Approval of Resolution No. 15-138 Supporting Dedicated State Funding of City Streets G. Consider Approval of Resolution No. 15-139 Ratifying the 2015-2017 Collective Bargaining Agreement Between the City of Prior Lake and Law Enforcement Labor Services, Inc. (LELS) Local 100 Representing Patrol Officers MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. PUBLIC HEARINGS: 7A. Hearing to Consider an Appeal from Peter Flink, dba Shell Gas Station, from the Penalties Set Forth in Prior Lake City Code Seciton 308 Boyles: Reviewed the staff report dated March 9, 2015 in connection with the agenda item. Staff recommended the Council conduct the hearing, determine the Council’s position and take action to sustain, modify or void the 3 03 09 15 City Council Meeting Minutes civil fine as proposed by staff and direct the City Attorney to prepare a resolution with findings of fact for consideration as a consent item at the March 23 meeting. Johnson: Advised it was appropriate to accept comments from the store owner, his attorney and his witnesses and mentioned that he has spoken with the attorney prior to the hearing. Randy Thompson (5001 American Blvd. W., Bloomington): Representing Peter Flink in the tobacco violation appeal. Provided Council with a copy of the court order in the criminal matter involving the clerk, Patricia Ann Lujan, showing there was a stay of conviction and explained that it was the same as a plea not accepted. Stated Ms. Lujan relied on previous identification noting this was the second defense being asserted in the matter. Explained that this is a strict liability interpretation for employers that if employees are liable, then employer is also liable. Stated the employer’s liability cannot exceed that of Ms. Lujan’s conviction. Commented his client, Mr. Flink, takes tobacco sales and this matter very seriously and that Ms. Lujan will also address the Council. Tom Flink (Prior Lake Shell Owner): Stated when he was told by Ms. Lujan that she had been cited for sale to a minor, he obtained an attorney. In the criminal case, the attorneys met and the plea agreement was that Ms. Lujan was not convicted but had to pay a fine. Stated he asked the attorney at that time whether this would be a strike against the store and was told that if Ms. Lujan was not convicted, how can it be a strike against the store. Added that if Ms. Lujan was convicted of the offense, she would have been terminated from employment. Stated that his clerks are instructed as to rules and penalties of carding and training materials adding that he has purchased one of the best ID verification systems. Explained that the clerks are to card anyone under the age of 27, that the City conducts compliance checks twice each year but that he also contracts privately with the State for a fee to conduct compliance checks of his store weekly to ensure there is no sales to minors. Also stated that the store sells to over 200 people per day and haven’t had but one discretion in the past. Patricia Lujan (Prior Lake Shell Clerk): Stated she works for Prior Lake Shell and the offense in question was hers. Explained that the minor came into the store and she sold to him because she remembered talking to him previously about her 18 year old graddaughter and checking ID which showed he was 19 years old. Johnson: Asked Ms. Lujan whether she was training to check ID each time, once every 3 months, or only once. Also asked whether Ms. Lujan asserted the defense that the minor was carded 3 months earlier in the criminal matter. Lujan: Explained her training was to ID anyone appearing under the age of 27 but that she remembered him from carding him 3 months prior and talking with him about her granddaughter. Confirmed she asserted the defense of relying on previous identification but plead guilty to selling because she did sell to a minor regardless. Keeney: Stated he wanted to be clear on the timing and asked whether the automated ID machine was in place when the minor previously purchased or if the date of birth had to be manually entered. Followed-up asking at the time of this offense, whether the automated ID machine was in place. Also asked how long between dates when the minor was first carded. Lujan: Explained it had been about 3 months and was a MN driver’s license showing he was 19, that the date of birth was manually entered 3 months ago and the automated ID machine was purchased after court. Johnson: Asked whether Ms. Lujan requested the judge to deny the plea because of relying on previous identification. 4 03 09 15 City Council Meeting Minutes Lujan: Stated no, because the plea was to be stayed rather than spend the additional money to go to trial. Thompson: Explained that the disposition of the case was a stay of adjudication and that the prosecution and defense both recognized that if they went to trial, either party could loose. Stated Ms. Lujan reasonably and in good faith relied on previous identification noting there were no requirements to card individuals each time. Commented that the only one who doesn’t get charged is the individual who use the false ID. Noted the January 14, 2015 letter from the City Manager says a civil penalty follows a criminal conviction but, there was no conviction because the case fell into grey area and resulted in the stay of adjudication. Added that Mr. Flink does many things to ensure there aren’t sales to minors and should not be held more liable than the employee. Commented that Shell is a good member of the community and no one acted negligently or recklessly. Requested the Council reverse the decision and not count this as a strike against Shell. Hofstad: Advised that the juvenile who bought tobacco claimed he did not know the clerk. Thompson: Explained the intent of the Ordinance as he interpreted it was not requiring clerks to card everyone everytime, does not say conviction, and that the Ordinance should be interpreted as such. Keeney: Stated under 308.309, instructional program, the Ordinance requires employees to card every customer appearing under 27 years of age. Thompson: Reiterated that the Ordinance says to card every customer but does not specify every time. Keeney: Disagreed stating he believed the Ordinance says to card every customer each time they want to purchase and that maybe if the Ordinance is that misunderstanding, then the Council should take action to clear up the intent. Stated he couldn’t accept the argument that a clerk could look at an ID once and then sell to a customer forever. Commented that regardless of the decision made, he’d like to ask staff to bring back an ordinance amendment to clear the intent. Morton: Stated she personally found it difficult to believe that Ms. Lujan could remember someone from 3 months prior when Mr. Flink stated the store sells to over 200 perople per day. Commented she was looking online at an explanation of a MN stay of adjudication and recited the explanation. Believed the sale was a violation of the ordinance as the ordinance was fairly clear that if 27 or younger, customers should be carded everytime. Stated she had some issues and suggested making the ordinance language more strict because it is there for a reason. Keeney: Noted that the fine of $700 seemed less than the money invested in the legal defense and asked whether the real reason was for the worry of the 3 infraction and required revocation of the license. rd Thompson: Explained that of course a 3 infraction was a worry, that the first offense in 2013 the clerk had rd dyslexia, and this occurance the clerk remembered the kid from previously because she talked to him about her granddaughter who was 18. Stated Mr. Flink would fight this and each offense as revocation of the license is basically the death penalty for a business. McGuire: Asked Attorney Johnson to explain conviction. Johnson: Explained that a stay means 3 parts: 1. There is enough evidence; 2. There is a plea of guilty; and 3. The Judget takes it and convicts. Added that the Ordinance doesn’t require any criminal process at all and there was no requirement of conviction but that in this case, there is a plea of guilty. On the defense, reliance on 5 03 09 15 City Council Meeting Minutes previously carding is available in the criminal offense and there is a plea of guilty any way. Whether 3 months is reasonable or not is one question. Second is that the defense was asserted and still a plea of guilty entered. McGuire: Agreed with other Councilors’ rationale and asked for a motion to close the hearing and provide direction to staff and/or the city attorney if a decision has been made. Keeney: Noted the affirmative defense of false ID being presented had language regarding preponderance of evidence. Stated they have testimony of the clerk and tenant but what there enough to make a decision. Johnson: Advised that the defense has the burden to prove to you that it is an appropriate defense and components are reasonableness and good faith. Is it reasonable the clerk relied on identification 3 months previously. Keeney: Commented he was in favor of moving forward in preparing findings of fact for a second violation but that in fear of a 3 violation, Council should also move forward with revising the language in the Ordinance. rd MOTION BY KEENEY, SECOND BY MORTON TO DIRECT THE CITY ATTORNEY TO PREPARE FINDINGS OF FACT AFFIRMING A SECOND VIOLATION WITH A PENALTY OF $700 AND 7 DAYS LICENSE SUSPENSION AND TO CLOSE THE HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE TO DIRECT STAFF TO EXAMINE THE ORDINANCE TO: 1) CLARIFY LANGUAGE TO CARD EVERY CUSTOMER FOR EVERY PURCHASE; AND 2) PROVIDE RECOMMENDATIONS FOR 3 AND SUBSEQUENT VIOLATIONS TO REMOVE THE FEAR OF RD BUSINESSES BEING PUT OUT OF BUSINESS BY THESE TYPES OF VIOLATIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. OLD BUSINESS 9A. Consider Approval of a Resolution Accepting Bids and Awarding the City’s Standardized Construction Contract for the Highland, Marsh, Skyline, Grainwood and Eau Claire Improvement Project (TRN15-000004) Gehler: Reviewed the staff report dated March 9, 2015 in connection with the agenda item. Staff recommended approval of a resolution accepting bids and awarding the City’s Standardized Construction Contract to Chard Tiling & Excavating for the Highland, Marsh, Skyline, Grainwood and Eau Claire 2015 Improvement Project. Keeney: Asked when a decision regarding street lights had to be made. Noted there had been some pretty strong opposition to street lights based on cost and light being too bright. Agreed that lighting at intersections made sense but there didn’t seem to be a need for additional lights, especially if the residents don’t want them. 6 03 09 15 City Council Meeting Minutes Morton: Commented that $16,000 is nominal in comparison to the entire project however, there weren’t street lights in the neighborhood currently. Confirmed that the light dispersion would be inside 36 feet and most residences were outside the 36 feet which minimizes the objection of homeowners and light shining in windows. Also confirmed the street lights would be plain, normal street lights. Gehler: Stated it was preferred that the Council make a decision regarding lights tonight. Noted that the proposal was for lights at intersections or four lights on each side at $2,000 each installed. Added that most objection was on the west side because the other side already had lighting and that the concerns of those that were strongly opposed to lighting should be mitigated. MOTION BY MORTON, SECOND BY THOMPSON TO ADOPT RESOLUTION NO. 15-140 ACCEPTING BIDS AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION CONTRACT FOR THE HIGHLAND, MARSH, SKYLINE, GRAINWOOD AND EAU CLAIRE IMPROVEMENT PROJECT (CITY PROJECT $TRN15- 000004) WITH AMENDMENT TO INCLUDE STREET LIGHTS AT INTERSECTIONS ONLY. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. NEW BUSINESS 10A. Consider Approval of Resolutions Relating to “Gateway Redevelopment”: 1) Amending the 2030 Comprehensive Land Use Plan from C-CC Community Retail Shopping to R-HD Residential Urban High Density; 2) Approving a Preliminary Planned Unit Development Plan; and 3) an Ordinance Amending the Official Zoning Map to Rezone from C-2 General Business to PUD Planned Unit Development Rogness: Reviewed the staff report dated March 9, 2015 in connection with the agenda item. Staff recommended approval of a resolution amending the 2030 Comp Land Use Plan, a resolution approving a PUD to be known as Gatway Redevelopment, and an ordinance amending the Official Zoning Map. McGuire: Asked whether the developer has consider garden level first floor apartments instead of 4 levels above ground to allow for a lower roof. Morton: Inquired about process and whether agreeing with the preliminary would mean they would also agree to variances at some point due to setback and height issues. Rogness: Commented the Council could ask the developer about consideration of lower roofs. Also stated some of the details of the project were still being worked out and would be reviewed in detail by the Planning Commission and at this point, the Council was approving the general footprint before the developer goes into the design process. Commented that a PUD allows for some variances with the most significant being density. Noted the developer proposed to reduce impervious surface and was going above and beyond with both lot and underground parking. Added that if the design varied much from what is being approved, it would be brought back for consideration. Keeney: Agreed with minimizing roof pitch and noted that the view from most balconies and windows may be obscured. Asked whether it was typical to rezone the property prior to the developer owning the property and 7 03 09 15 City Council Meeting Minutes suggested adding a condition to that effect. Also suggested including the condition on the land use and comprehensive plan change. Rogness: Confirmed the condition could be added to the resolution amending the 2030 comprehensive land use plan, noted that a similar condition was already included in the resolution approving a preliminary PUD, and that the ordinance provides that it is not effective until passage and publication and is conditioned upon approval of the comprehensive plan amendment. Ron Mehl (Dominium Development Representative): Commented that the roof height seemed to be the biggest concern at this point and that they were working with the architect to reduce pitch but keep the same suburban, lake-home feel. Noted that the current pitch showed 6/12 and they were attempting to reduce it by 4 feet and another option was to reduce the underground parking from straight entrance to a 2 foot slope down which would also help reduce the building height. Addressed existing tenants noting that there wasn’t an agreement in place with the existing tenants but that Wells Fargo provided the leases and requested they reach out to tenants to provide timelines and terminate leases according to lease terms. Noted a broker has agreed to meet with tenants regarding relocation but they felt it was premature at this point to move forward given the property will not close until June. Morton: Stated support for the project with the condition of approval suggested by Councilor Keeney. Keeney: Mentioned economic incentives have not been discussed but he supported moving forward at this point noting that height changes in the PUD would need to be enforced. Morton: Commented that the developer is in good faith attesting to reduce the building height on record. Rogness: Proposed language for added condition 3 to the resolution approving a comprehensive land use plan amendment to state “this amendment is contingent upon the developer receiveing approval for the City Council of an administrative subdivision for a lot combination for a portion of Lot 1 and all of Lot 2, Gateway Center 1 st Addition.” MOTION BY KEENEY, SECOND BY MORTON TO APPROVE RESOLUTION NO. 15-141 AMENDING THE COMPREHENSIVE LAND USE PLAN FROM C-CC COMMUNITY RETAIL SHOPPING TO R-HD RESIDENTIAL URBAN HIGH DENSITY FOR PROPERTY ON GATEWAY STREET ADDING A CONDITION OF APPROVAL ACCORDING TO THE PROPOSED LANGUAGE PROVIDED BY COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR ROGNESS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE RESOLUTION NO. 15-142 APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN TO BE KNOWN AS “GATEWAY REDEVELOPMENT”. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ 8 03 09 15 City Council Meeting Minutes The motion carried. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE ORDINANCE 115-07 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS, CONTINGENT UPON THE DEVELOPER RECEIVING APPROVAL FROM THE CITY COUNCIL OF AN ADMINISTRATIVE SUBDIVISION FOR A LOT COMBINATION FOR A PORTION OF LOT 1 AND ALL OF LOT 2, GATWAY CENTER 1 ADDITION. ST VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☒☐☐☐☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS McGuire: Welcomed new Police Chief Elliott scheduled to begin April 15, 2015. Also asked about the display in the Council Chambers. Poppler: Stated the graphic was for the CR 21 extension project which received several awards and noted that as part of the consent agenda, the Council closed the project. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by THOMPSON, seconded by MCGUIRE. The motion carried and the meeting adjourned at 9:14 p.m. ___________________________________ Frank Boyles, City Manager 9 03 09 15 City Council Meeting Minutes