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HomeMy WebLinkAbout4-Minutes of 04 13 15 O� PRIO U 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 13, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors McGuire, Keeney, Morton and Thompson. Also present were Manager Boyles, Attorney Johnson, Attorney Schwarzhoff, Finance Director Erickson, Engineering/Inspections Director Poppler, Project Engineer Thongvanh, Public Works Director Gehler, Community and Economic Development Director Rogness, Planner Matzke,Police Lieutenant Hofstad, Fire Chief Hartman, and Executive Assistant Dull. PUBLIC FORUM Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:03 p.m. Greg Smith (14169 Cedarwood Ct. NE): Commented he was having some issues with neighbors not being considerate with their recreational fires and the smoke that has been emitted.Asked Council to consider an online permit system for recreational fires similar to the one established in the City of Savage that provides provisions of recreational fires and that allows neighbors who are negatively impacted to report any issues and potentially require the fire to be extinguished. Distributed information about City of Savage's permitting system and rules. Hedberg: Closed the Public Forum at 7:07 p.m. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY MORTON, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF APRIL 13 2015 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON, TO APPROVE THE MINUTES OF THE APRIL 13, 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 15-060 Accepting Donations and Grants to the City during First Quarter of 2015 1 C. Consider Approval of Resolution 15-061 & 15-062 for the Highland, Marsh, Skyline Grainwood, and Eau Claire Improvement Project: 1)Accepting Proposals and Authorizing Element Materials Technology to Provide Construction Testing; and 2)Authorizing a Change Order to Bolton &Menk to provide Construction Observation for the Extended Construction Season D— fd Admitinn Final Plat and Development GontFaG E. Consider Approval of Resolution 15-063 Approving Investment and Banking Authority on Behalf of the City of Prior Lake F. Consider Approval of Resolution 15-064 Approving Amendments to the 2014 and 2015 Budgets for FEMA and Project Expenditures Carried Forward from 2014 G. Consider Approval of Resolution 15-065 Approving a Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael H. Consider Approval of Resolution 15-066 Restricting Parking on 150th Street from TH 13 to 300 Feet West of Estate Avenue I. Consider Approval of Resolution 15-067 Authorizing the Expenditure of$210,707 for Street Maintenance Services Related to the South Metro Joint Powers Agreement Keeney: Requested removal of item 5D from the consent agenda. Morton: Thanked those that have donated to the City in the first quarter 2015 MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS WRITTEN WITH THE EXCEPTION OF ITEM 5D. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS: 6A. Recognition of Jerilyn Erickson, Finance Director Boyles: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Hedberg: Recited and presented a Prior Lake Sailboat Plaque to Director Erickson Erickson: Thanked the various city staff and Council that she had worked with during her time with the City. Keeney: Thanked Director Erickson on behalf of the residents for making lasting changes to the City. Morton: Noted she was also implementing an ERP and understood the work required stating it has been a pleasure to work with Director Erickson and that Director Erickson was brilliant. 6B. Proclaim April 24,2015 as Arbor Day within the City of Prior Lake Boyles: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Hedberg: Recited the Arbor Day Proclamation and proclaimed April 24, 2015 as Arbor Day in Prior Lake. 6C. Mark Elliott, Police Chief, Investiture Ceremony Boyles: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Hedberg: Conducted the investiture ceremony and administered the Oath of Office Elliott: Thanked Bloomington Police Department for the experience and opportunities they provided to prepare for the new position as Chief; thanked friends and colleagues for their support and for challenging him; thanked his family for their support and sacrifices; and thanked the Mayor, Council and City Manager for providing him with the opportunity to be Police Chief of the City of Prior Lake. 04 13 15 City Council Meeting Minutes 2 Hedberg: Recessed the meeting at 7:32 p.m. and reconvened the meeting at 7:37 p.m. PUBLIC HEARINGS: 7A. Public Hearing to Consider Ordinance Amendments Related to Licensing for the Sale of E-Cigarettes and Hookah Lounges Schwarzhoff: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Staff recommended the Council conduct the hearing and provide staff with direction. MOTION BY MCGUIRE, SECOND BY KEENEY TO OPEN THE PUBLIC HEARING AT 7:41 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Chris Farmerlies (2652 13th Ave. S. Mpls.): Distributed a folder of materials regarding regulation of electronic cigarettes. Stated he was speaking for the Association of Non-Smokers and was there as a former smoker in favor of the ordinances. Commented that 80% of Minnesota supports adding e-cigarettes to indoor air laws. Concerns with allowing e-cigarettes to be unregulated include: 30% of youth have tried e-cigarettes while 1/4 of those have never tried regular cigarettes and most high school students are using e-cigarettes as adults do;there is no conclusive evidence that the second hand vapor/aerosol is safe to breath in as there are many harmful components. Other communities have seen a few hookah, cigar, and e-cigarette lounges and by only selling an individual item,sampling takes place under the exception to the MN Clean Indoor Air Act and lounges are started. Noted new changes to the MN laws as of January 1, 2015, requiring all e-cigarette liquid to be sold in child- resistant bottles. Concluded that he supported the ordinances presented. Ben Wilkins (113 31d St. E., Jordan): Commented he was a former resident of Prior Lake and two pack per day smoker for 10-15 years. Tried the patch, gum, and cold turkey but nothing worked. Research says there is no health impact to second hand e-cigarette emissions. Strongly oppose treating vaping as smoking and suggested that businesses should be allowed to decide whether or not e-cigarettes can be used in their establishment. Added that the many flavors have helped him curb the tobacco taste and he has been able to cut back significantly. Noted that vaping is equivalent to one cigarette per day as compared to the 40 he previously smoked. Patrick Stieg (4079 W. 131St St., Savage): Stated he was there on behalf of the MN Cancer Alliance which was a coalition of over 100 members dedicated to reducing cancer risks and recited various participatory members. Strongly supported the ordinances being considered pointing out that not much is known about short or long term effects of e-tobacco. Commented it was not harmless but rather in a concoction of chemicals harmful to human bodies. Suggested that until more is known, it is prudent for public officials to prohibit e-cigarette emissions in public facilities noting that this would not ban them completely but holds them to the same standards as other tobacco products. Cap O'Rourke (581610th Ave. S., Mpls.): Explained he was with IBRM which was a coalition of small business owners representing manufacturers and sellers of these products. Noted that e-tobacco was not the big tobacco with no relation to big tobacco industries and that they sell only manufactured tobacco products. Asked that the City include the child proof packaging per state standard. Suggested that prohibiting sampling is an attempt to limit hookah lounges from happening. Noted that in Minneapolis, sampling is allowed and that the legislative 04 13 15 City Council Meeting Minutes 3 intent was to allow sampling of tobacco products within the stores with over 90% of sales. Pointed out that he was a legislative staff person that worked on the language. Explained that e-cigarettes are an investment that people make most often in an attempt to quit smoking and that staff often take up to 45 minutes to show people how to use, clean, take apart, put together and fire these devices noting that the limits set forth in the proposed ordinance would not allow this. Suggested the City take a look at Hennepin County and Minneapolis ordinances for alternative sampling language that would still prohibit hookah and traditional tobacco products. Hedberg: Noted an email from Katie Engman providing a letter of support from the MN Cancer Alliance. Jason Downing (56 Windworth Ct., Mpls): Documented that he and his organization also submitted a letter in opposition to the ordinances over the weekend and asked that it also be reflected in the public record. Commented there were a number of reasons to encourage the Council not to adopt the ordinances as proposed including, only one teenager in 1300 teenagers began smoking as a result of e-cigarettes. Asked why anyone should do anything that discourages people from quitting smoking suggesting that vaping offers another method to quit. Commented that other methods are fairly dangerous, such as Chantix, which recently settled a law suit involving over 600 suicides as a result of side effects of the drug.Stated the contents of the chemical components and nicotine are the issues, not the items themselves. Added that there was such a thing as accidental quitting and that vaping was found to reduce smoking to a point where many people can quit. Danielle Clark (15485 Red Oaks Rd., Prior Lake): Commented she smoked for 19 years and tried every way to quit but now that she has been vaping for two and a half years, she has not had a cigarette since she started vaping. Noted that she has had numerous throat surgeries and then more to repair the loss of the soft palette and after those surgeries, the doctor let her vape and hasn't had problems. Stated she never would have tried vaping if she hadn't been able to sample it. Nathan Affield (6925 Faricy Ln., Prior Lake): Stated his career was with smokeless smoking and that he was a passionate resident more than an expert. Supported the licensing ordinance so that businesses comply with ID checks and regulations. Opposed restricting sampling noting that the trend has good intentions but it is not accounting for overwhelming research that shows second hand vapor is comparable to regular air. Added that any prohibition should be for a clear public health risk and e-cigarettes are not as they support quitting smoking. Suggested businesses should be allowed to choose whether or not to sell.Commented that if sampling is banned, customers would need to buy the product without trying it and that no one willingly walking into a vapor store would be offended by the vapor. Urged the Council to consider restrictions following the FDA's findings on the subject to be released sometime in May. McGuire:Asked where the State Legislature was on the decision. Morton: Asked whether proposed ordinances were attempting to align with the state law or be more restrictive. Schwarzhoff: Explained that the state took action on the MN Clean Indoor Air Act and that vaping prohibitions were not in place for private businesses clarifying that the state took the middle ground saying it was prohibited in some locations but not all. Added that the proposed ordinances would prohibit use wherever tobacco use is prohibited. Keeney: Commented that licensing was the general consensus and that the MN indoor air restrictions were in place but the City could be more restrictive. With regard to hookah, the intent is to bypass the social aspect of retailing tobacco in a public space. Noted the many questions about e-cigarettes and whether they are harmful 04 13 15 City Council Meeting Minutes 4 or not, gateway to smoking, helping to quit, etc. but that the Council could not tailor the ordinance around those questions. Favored the original intent to license e-cigarette sales and revise the hookah lounge ordinance. Hedberg: Agreed with Councilor Keeney that the Council should license but believed that Councils were not equipped to make decisions regarding the effects of e-cigarettes and suggested they follow state legislature and not extending beyond that. Morton: Stated it was appropriate to require licensure but that general bans without sufficient basis concerns her and that businesses should be allowed to make those decisions. On the issue of hookah versus sampling, the intent was about social aspects of the tobacco itself noting that vapor isn't much of tobacco issue as hookah is. MOTION BY KEENEY, SECOND BY MORTON TO ADOPT ORDINACE NO. 115-11 AMENDING TITLE 3 OF THE PRIOR LAKE CITY CODE BY AMENDING PORTIONS OF SECTION 308 RELATING TO TOBACCO LICENSING. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. McGuire:Asked whether any action was needed on the other ordinances if Council decided to maintain the state law provisions. Keeney: Asked for clarification that if the Council decided to follow state law, then various private facilities and establishments could still put in place their own rules for patrons and employees. Schwarzhoff: Explained that if the Council is content with the state law, no action is required, unless Council wanted to do something different. Confirmed that private establishments could establish their own rules and that there was a range of private policies in place but there is nothing the Council would need to do. Also confirmed that the Community Safety Advisory Committee recommended e-cigarettes in the sampling ordinance but that if the Council decided to except out e-cigarettes,the ordinance could come back revised per any Council direction. Explained that the MN Clean Indoor Air Act has exceptions to allow sampling before buying and some businesses have used sampling to set up lounges where people can come in, hang out, and smoke. Noted that if no action is taken, sampling is permitted. Hedberg: Asked whether there was a definition in the zoning code for lounge Keeney: Suggested the intent seemed to be to prohibit lounge use in indoor areas but leave open the possibility of e-cigarettes with no tobacco smoke and leave open tobacco sampling in its intended form of being very limited but prohibit lounge. Schwarzhoff:Advised there wasn't a definition of lounge in the code and that it was unclear without a definition. Stated Council could amend the ordinance to limit all tobacco sampling but still allow vaping or approach it by eliminating a lounge use. Clarified revisions are to include tobacco smoke only and still allow vaping. 04 13 15 City Council Meeting Minutes 5 MOTION BY KEENEY, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 8:36 PM AND DIRECT STAFF TO WORK WITH THE CITY ATTORNEY TO REVISE THE LOUNGE ORDINANCE TO PROHIBIT TOBACCO LOUNGES BUT PERMIT LIMITED TOBACCO AND E-CIGARETTE SAMPLING AS IT WAS INTENDED. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS 8A. Consider Approval of Two Resolutions for the Credit River Road Improvement Project(TRN15-000006): 1) Approving Plans and Specifications and Authorizing Advertisement for Bids;and 2)Authorizing the City to Enter into and the Mayor and City Manager to Execute a Cooperative Agreement with Scott County for Property Acquisition Thongvanh: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Staff recommended approval of the two proposed resolutions. Hedberg: Commented that the assessment amount recommendations would take place at a later date from assessment review representatives. Keeney: Inquired whether the right of way acquisition on the corner property was a total or partial taking. Thompson:Asked whether residents were aware of the project. Thongvanh: Explained that it would likely be a total taking due to the percentage of the lot and not necessarily because of the location of the proposed roadway. Added that the tax value is taken into consideration for acquisition amount. Advised that he did meet with property owners individually to discuss the impacts to them and what they can expect over the next few months with the project. Keeney: Clarified with staff that the resolutions were not initiating eminent domain at this point but that the cooperative agreement with Scott County before them for consideration would allow Scott County to take over responsibility for assembling the properties. Morton: Clarified with staff that Scott County would not move forward with acquisition before Council authorizes a bid for the project. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-068 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE CREDIT RIVER ROAD IMPROVEMENT PROJECT AND APPROVE RESOLUTION 15-069 APPROVING A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE CREDIT RIVER ROAD IMPROVEMENT PROJECT (TRN15-000006). VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ 04 13 15 City Council Meeting Minutes 6 Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 813. Consider Approval of a Short Term Rental Ordinance Schwarzhoff: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Staff recommended the Council approve the ordinance, summary ordinance, and resolution if they decide to move forward with a short term rental ordinance. McGuire: Inquired about lodging tax and when it was appropriate to discuss. Morton:Asked whether the scope has been reached and whether the proposed ordinance was fair to both sides. Schwarzhoff:Advised lodging tax discussions would be entirely independent of the short term rental ordinance. Noted that based upon previous conversations, the proposed ordinance seemed to be one that no one is happy with which usually means there is a balance. Keeney: Commented that rentals of 1 per 7 days may be an issue during irregular weeks such as Memorial Day and suggested allowing rentals 6 times per month or 1 per 5 days to accommodate those weeks. Expressed concerns with adjudicating infractions noting Code Enforcement Officer would decide whether violations have occurred but the escalation of the penalties are harsh. Suggested these be similar to tobacco and liquor ordinance where the license would be revoked after 3 penalties,appeals to go to City Council to hear,and include provisions providing an explicit time when homeowners can reapply for their rental license. Schwarzhoff: Noted a provision within the ordinance that states a homeowner cannot apply for a license for 3 years after revocation but this could be changed. McGuire: Asked about how a complaint would be decided as he didn't want neighbors to continuously call in an attempt to get someone's license revoked. Schwarzhoff: Explained that the Code Enforcement would make the determination and there is some sort of evidence that would be required and that the reason for this is to build in discretion to protect rental owners. Added that the ordinance as proposed would field penalties to the City Manager but they could go to Council. Keeney: Clarified that he suggested only the 3rd violation prior to revocation go to the Council. Hedberg: Expressed concern with disorderly conduct noting that all MN Statutes references are criminal offenses and he was uncomfortable with criminal offenses being decided by the code enforcement officer and concerned that it would not be necessary for criminal convictions to be used. Also noted a significant burden on the City Manager, Code Enforcement, and Police with coordinating enforcement of this ordinance Schwarzhoff: Advised that the code enforcement officer would not determine whether or not it was a crime but rather look at the list provided in the ordinance to determine whether or not a violation of the ordinance occurred. However, any criminal offense could be on a parallel track. Clarified that the staff and Council would never try a criminal offense but they could be used to determine strikes that would affect the license. Stated that many criminal cases are dismissed for various reasons and that if a criminal conviction is necessary to determine a strike, there could be up to a year of waiting for a conviction or receiving no conviction at all due to a plea bargain 04 13 15 City Council Meeting Minutes 7 so including the language proposed in the ordinance allows the code enforcement officer to determine whether or not a violation occurred against the license regardless of conviction. Keeney:Asked whether the evidence necessary to support a determination by code enforcement also be enough to support a citation for other statutory violations. Schwarzhoff: Advised that the criminal burden of proof standard is beyond a reasonable doubt but other standards such as clear and convincing or preponderance of the evidence could be used and that code enforcement would use judgment to determine any violation. Keeney: Stated the correct standard to use is similar to the zoning or civil enforcement which is preponderance of the evidence to stand up in civil court and that this should also be used in short term rental enforcement. McGuire: Commented the 1 rental per 7 days provision was to not allow 2-3 groups in a rental each week causing disruption to neighbors. Suggested allowing 5 rentals per month. Morton: Stated enforcement should apply a reasonable man theory and clarified that Council was not asking code enforcement or the City Manager to act as an agent of the law but still enforce the ordinance taking a reasonable man approach. Suggested renewal of the license should be changed from 3 years to 1 year from the date of revocation. MOTION BY MCGUIRE, SECOND BY KEENEY TO CONTINUE THE TOPIC TO THE NEXT MEETING AND DIRECT STAFF AND THE CITY ATTORNEY TO REVISE THE PROPOSED ORDINANCE AND PLACE IT ON THE CONSENT AGENDA ALLOWING FIVE RENTALS PER MONTH, REQUIRING DECISIONS TO REVOKE OR DENY A LICENSES TO BE DETERMINED BY THE CITY MANAGER AND ANY APPEAL TO THE CITY COUNCIL,AND APPLICATION FOR A NEW RENTAL LICENSE IF REVOKED TO BE ONE YEAR FROM THE DATE OF REVOCATION. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ❑ Nay ❑ ❑ ❑ ❑ IK Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Thompson: Stated she was opposed to the ordinance in its entirety and that short term rentals should not be allowed in an R-1 Single Family Zoning District and that she had concerns that short term rentals could de-value property and disrupt single family residents.Added that if allowing short term rentals,they should only be allowed in multi-family districts. Keeney: Commented that this was not an enabling ordinance as short term rentals could not be prohibited, they are allowed, and the intent is to try to regulate them to protect neighbors. Added that these cases are being challenged in court as property owners have property rights. Morton: Expressed that there may be some issues with grandfathering also noting that if her job moves out of state,she would want to be able to rent property. Commented she was uncomfortable making unilateral decisions and that people own and pay mortgage on their homes but that this ordinance would help with abusive renters. 04 13 15 City Council Meeting Minutes 8 Hedberg: Commented he supported allowing short term rentals as Prior Lake was a recreational community but that there should be defined restrictions. His position is to encourage rentals with sufficient protections. NEW BUSINESS 9A. Consider Approval of the Preliminary Year end 2014 Financial Reports Erickson: Reviewed the staff report dated April 13,2015 in connection with the agenda item. Staff recommended acceptance of the December 31, 2014 Financial Report as submitted. Hedberg: Commented that in enterprise funds,they budgeted for surpluses but were running a significant deficit. Keeney: Noted the election costs were significant and asked why this was. Erickson: Explained that as staff go through the 2016 CIP, they will evaluate consumption and discharge which is reevaluated annually and that weather has significant impact on water and sewer funds. Also explained that election equipment was included because it was pushed out to 2015. MOTION BY MCGUIRE,SECOND BY MORTON TO ACCEPT THE DECEMBER 31,2014 FINANCIAL REPORT AS SUBMITTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9113. Consider Approval of a Resolution Approving the Gateway Redevelopment Final Planned Unit Development Plan and Development Contract Rogness: Reviewed the staff report dated April 13, 2015 in connection with the agenda item and provided a recap of testimony received from the public hearing as well as details regarding changes to 5.3 of the development contract regarding Parkland Dedication Requirements. Staff recommended approval of a resolution approving the Gateway Redevelopment Final PUD Plan and Development Contract. McGuire: Asked whether any money was built into the project from seller or buyer to help businesses with relocation as he was concerned with the Pizza place and other businesses that have been there many years. Suggested the developer provide more than just a person as the current spaces are inexpensive to lease. Rogness: Explained the developer was not providing financial assistance but is providing broker assistance and there were no funds built into the project for relocation. Keeney: Noted that the number of units and bedrooms went up but the building got smaller and asked how that worked. Hedberg: Invited the developers to the podium to answer Councilor questions. Developers: Explained that they reduced the number of 3 bedroom units to make more 2 and 1 bedroom units and shifted space from various locations by reducing unit rooms by 6 inches, allowing for additional units, while still maintaining the public space. Also noted that the proposed units are much larger than market conditions 04 13 15 City Council Meeting Minutes 9 comparing the market's average of 750 sq. ft. to their proposed 1200 sq. ft. Added that they approached the business owners and are terminating leases in accordance with lease provisions noting that rents are low but they are typically month to month and financial assistance is difficult. Keeney:Asked staff to bring the concern to the EDA to explore whether or not any financial assistance could be provided to those businesses for relocation. Also noted that the concerns of glare from windows seemed to be a non-issue. Rogness: Explained that the Planning Commission had some discussion regarding residential versus commercial glass. However, not aware of any issues with glare from the distance proposed in addition to other buildings breaking the view and mature trees. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-070 APPROVING A FINAL PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT CONTRACT FOR GATEWAY REDEVELOPMENT INCORPORATING NEW PARKLAND DEDICATION LANGUAGE IN 5.3 OF THE DEVELOPMENT CONTRACT WHICH REQUIRES THE DEVELOPER TO PAY THE CITY CASH IN LIEU OF LAND DEDICATION IN A TOTAL CASH FEE FOR THE PROJECT OF $637,500 ($3,750/UNIT X 170 UNITS) AND DIRECTED STAFF TO INVESTIGATE POSSIBLE FINANCIAL ASSISTANCE FOR EXISTING BUSINESSES IN THE REDEVELOPMENT AT THE NEXT EDA MEETING. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS/COUNCILMEMBER REPORTS 5D. Consider Approval of a Resolution Approving the Enclave at Cleary Lake 3rd Addition Final Plat and Development Contract Matzke: Reviewed the staff report dated April 13, 2015 in connection with the agenda item. Staff recommended approval of a resolution approving The Enclave at Cleary Lake 3rd Addition Final Plat and Development Contract noting that this had a dependency upon the Credit River Rd. project. Keeney: Commented he wanted to ensure Council was comfortable approving a plat for more lots when the sewer capacity wasn't in the ground yet but is scheduled to be constructed. Asked whether the City would be liable if Credit River Road experienced any delays. Matzke:Advised there was a contingency in the development contract that states the City may withhold building permits if the capacity issue is still in place at that time but the developer has indicated late summer/early fall for connections. Also noted that the clause provides the understanding that due to sewer connection needing to happen first, the City would not be liable. Thongvanh: Stated that Credit River Road was also looking at a late summer/early fall completion but that if not already in place, there would be ways to install the utilities. 04 13 15 City Council Meeting Minutes 10 MOTION BY KEENEY,SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-071 APPROVING THE ENCLAVE AT CLEARY LAKE 3RD ADDITION FINAL PLAT AND DEVELOPMENT CONTRACT. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Hedberg: Noted that the retreat scheduled for Wednesday, April 15, 2015, should be moved due to a conflict of time for Councilor Morton. MOTION BY MCGUIRE,SECOND BY KEENEY TO CANCEL THE RETREAT SCHEDULED FOR WEDNESDAY,APRIL 15,2015 AND RESCHEDULE TO A NEW DATE TO ALLOW ALL COUNCILORS TO ATTEND. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Keeney: Requested an update regarding the Shore Club project. Hedberg: Commented that the property transaction closed as of Friday, April 10, 2015. Rogness: Stated that plans have been submitted to building and community development and that the plan review was very active at this time adding that the owners can demolish at any time but that they were waiting for road restrictions to be lifted. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by MORTON, seconded by THOMPSON. The motion carried and the meeting adjourned at 9:57 p.m. - VA4— Frank B6da4 dity Manager 04 13 15 City Council Meeting Minutes 11