Loading...
HomeMy WebLinkAbout04 27 15 Draft City Council Minutes P�O+P uOrI 4646 Dakota Street SE Prior Lake,MN 55372 REGULAR CITY COUNCIL MEETING MINUTES ' solt' April 27, 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 Schwarzhoff, Accounting Manager Erickson, Engineering/Inspections Director Poppler, Code Enforcement Officer Stefanisko, Public Works Director Gehler, Recreation Coordinator Barstad, Community and Economic Development Director Rogness, Police Chief Elliott, and Executive Assistant Dull. PUBLIC FORUM Boyles: Reviewed the process for the public forum. Hedberg: Opened the Public Forum at 7:01 p.m. and seeing no one, closed the Public Forum at 7:01 p.m. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY MORTON, TO APPROVE THE AGENDA AS WRITTEN. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ►_� ® ►_� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF APRIL 13, 2015 CITY COUNCIL MEETING MINUTES MOTION BY KEENEY, SECOND BY THOMPSON, TO APPROVE THE MINUTES OF THE APRIL 13, 2015 CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ►_� ® ►_� ►_� Nay ❑ ❑ ❑ 0 ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ 0 The motion carried. CONSENT AGENDA Boyles: Reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Treasurer's Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Animal Control Services Report E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report f --• - ' -- - - - ' e.•.•.- - ,-t. . .•: -•t• - •• -• - -- '-- - - - - - -• ' •- • -• - •- !--. •- - -- - - - ' - - - - -- Commercial 1 Boyles: Noted Item 51 should be removed due to the developer request to remove as fees have been paid and an extension is no longer needed. Keeney: Requested removal of Item 5H. Morton: Requested removal of Item 5G. Keeney: Noted additional traffic stops and DWIs in the police report and reminder to the public to drive safely. Hedberg: Noted reduction to property crimes also detailed in the police report. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA ABSENT ITEMS 5G, 5H, AND STRIKING ITEM 51. VOTE Hedberg Keeney McGuire Morton Thompson Aye ►_o ►-� ►_� ►_� ►_� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ 0 The motion carried. PRESENTATIONS: 6A. Report on 2014 Code Enforcement Activity Stefanisko: Reviewed the memo and a presentation to the Mayor and Council related to code enforcement activity for 2014, provided examples of violations, and explained the methods enforcement is achieved. Also provided numbers for the various violations throughout the City. Hedberg: Commented it the numbers were remarkable and was a testament to our residents and Code Enforcement that 99%of violations are voluntary compliance. Keeney: Stated that most people appreciate seeing code enforcement taking place as it was a valuable service the City performs. Noted tall grass is 12 inches in Prior Lake and others are shorter and asked why it was raise to that and whether decreasing the number would cause additional stresses to residents. Stefanisko: Advised that the history predates him but if a resident were to go on vacation for a week without hiring someone to take care of the lawn, there may be complaints and could potentially increase the number of complaints overall. MOTION BY MCGUIRE, SECOND BY KEENEY TO ACCEPT THE 2014 YEAR END CODE ENFORCEMENT REPORT. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ® ® ►'� _� Nay ❑ 0 0 0 0 Abstain 0 ❑ 0 0 0 Absent 0 0 0 0 0 The motion carried. 6B. Concept Plan for Jeffers Pond Planned Unit Development Rogness: Reviewed a memo and presentation dated April 27, 2015 in connection with the agenda item. Staff requested the Council provide the applicant with comments, impressions and concerns about the concept plan. 04 27 15 City Council Meeting Minutes 2 Kelly Johnson, Jeffers Foundation: Reviewed the various tiers of property, acreage, surface area, etc. to maximize development. There was a master chart tracking impervious surface in the entire area and all phases of the development. Discussed the various developable acreage available and what would be proposed. Proposed a mixture of residential and commercial development. Morton: One building suggested to be commercial on first floor and residential above and asked what kind of commercial was the vision for that building. Tim Nichols, resident and developer: Provided an example of another recent development in Apple Valley. Objective is to overlap commercial spaces such as specialty food, boutique grocery, wine bar, sandwich bar, coffee bar, etc. and residential to include senior housing and high density townhomes, urban/suburban rentals in a walkable community.Also provided his experience with development of residential units. Hedberg: Commented that CR 21 & 42 are arterial highways. Believed to be a pretty important commercial intersection however, residential is being proposed. Any consideration for making west half of Outlot C similar in concept to the Eastern half of Outlot C. So instead of 48 Townhomes, make it commercial. Nichols: Stated there has been wonderful planning in the area and it is a focal point but they were looking to expand to the benefit that has come out of the Jeffers developments. Thought of it as a village area rather than one big box retailer that would consume the entire area. The village feel would connect people with retail. West half and east half have been considered but Jeffers focus has been to making the housing piece work. Idea was to bring more people together in an area for all ages. McGuire:Cutting back on commercial at that location would not be wise at that intersection.Would have a difficult time supporting so little commercial due to our Comprehensives Plan. Keeney: Generally support idea to change the area to more marketable units as long as we can stay in compliance with Met Council. Sounds like more driven by market and not enough rooftops in the area for commercial. Paul Oberg,CEO Jeffers Foundation:Stated demographics don't support the big box commercial.The practical effect is that Prior Lake needs more residential. Boxed by various aspects that limit Prior Lake to being a more modest commercial area. In order to support commercial, need more traffic and more people. Traffic is not stopping for commercial in that area. Have got to increase the density to support any of the commercial desired. Hedberg: Asked whether views would differ about the Vierling property to the north. Oberg: Hard to imagine anything built in a swamp. It was primarily wetland and has undergone significant fill. Doesn't believe Vierling's property will be commercial. Envisions a family restaurant in the area. Explained his vision for the property. Nichols: Drive the concept to bring neighborhood commercial into the community. Feels it is a miss and disagrees with Paul. It is not a stopping point, it's a drive past point. Hedberg: Between Outlot C and B, not in consideration here, hard time supporting without commercial in there someplace. Kelly: Topography falls considerably and is therefore difficult for commercial on that property. 04 27 15 City Council Meeting Minutes 3 OLD BUSINESS 8A. Consider Approval of a Resolution Providing for the Issuance and Sale of$10,000,000 General Obligation Bonds, Series 2015A and$2,490,000 General Obligation Bonds, Series 2015B Erickson: Introduced Tammy Omdal and Steve Mattson from Northland Securities, Bond Counsel. Omdal: Explained the City credit rating, bond history, and bond authorization by Council. Refunding portion of 2015A is a 2.48% and 2015B is a little over 2%. Mattson: Reviewed discounts and rates which were distributed at the meeting for 2015A compared to other communities as well as 2015B compared to other communities with the same credit ratings. Keeney: Inquired about the coupon rate for the 2015A Series and what the amount the City would pay on the bonds. Mattson: Explained the total premiums and the amount that comes back to the City noting that the City would get back tax-free income through coupon rates. Explained the sale and locking in the lower rates. Hedberg: Asked how much of this is Prior Lakes financial desirability and how much is luck. Mattson: Advised they always sell at the end of the month, since everyone is competing at the beginning of the month there is little competition between buyers at the end. When sold, no one was in the marketplace. Wanted low supply and high demand. Partly luck with low interest rates. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-072 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $10,000,000 GENERAL OBLIGATION BONDS, SERIES 2015A, PLEDGING FOR THE SECURITY THEREOF NET REVENUES AND SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF AND RESOLUTION 15-073 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,490,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2015B, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® N Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 0 ❑ Absent ❑ 0 0 0 ❑ The motion carried. 8B. Consider Approval of Ordinance Amendments Relating to E-Cigarettes and Hookah Lounges Schwarzhoff: Reviewed the staff report dated April 27, 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 an ordinance that prohibits tobacco lounges but not effect e-cigarette lounges or tobacco sampling. Noted additional revision to 308.601(2) to remove the exception due to state law prohibiting anyone under 18 in these establishments regardless of whether or not with parents. 04 27 15 City Council Meeting Minutes 4 Keeney:Asked about definitions,clarification of licensing previously approved,and whether or not the City would lose the ability to enforce if a business became established as a lounge in the interim. Was concerned that underage people would use e-cigarettes based on literature he read and suggested revising language. Schwarzhoff: Advised that the new definition for tobacco was created to not include e-cigarettes because the ordinance now includes that. Also explained that the last approved ordinance defined tobacco related products to include everything as tobacco and tobacco related products.Added that if a lounge established itself, the City would be limited on enforcement in the interim but enforcement could be pursued under the MN Clean Indoor Air Act. Morton: Stated her intent was to stop the ability to have lounges but didn't want to deter sampling of the various products and noted that the Council agreed to allow free enterprise to continue and for businesses to choose whether or not to allow e-cigarettes in their establishments. Agreed with the ordinance language proposed and countered Councilor Keeney that they don't know enough about e-cigarettes and should wait for the FDA report to make any decisions.Asked whether e-cigarettes fall under the same classification of regular tobacco and how they are regulated. Also inquired if the moratorium was still in effect. Clarified with Attorney Schwarzhoff the process if an e-cigarette retailer came to town under this ordinance and whether the Council would know if it was intended to establish a lounge like use. Schwarzhoff: Explained that definitions of sampling is unclear but if done correctly, it would be enforced regulatorily. Noted the moratorium was no longer in effect and suggested the Council adopt the ordinance as is if interested and Council could always come back and enact a moratorium later. Confirmed that through the zoning process,staff would have an idea of whether a lounge like use was intended and could take the necessary actions from there. Hedberg:Commented the Council was probably on the right track and agreed to wait for the state to act on the issue and then follow their lead. MOTION BY MCGUIRE, SECOND BY THOMPSON TO ADOPT ORDINANCE 115-13 AMENDING CITY CODE TITLE 3 BY AMENDING SUBSECTION 308.600 RELATING TO PROHIBITED ACTS AND RESOLUTION 15- 077 APPROVING THE SUMMARY OF ORDINANCE 115-13 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ►-� ® ►-� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A. Consider Approval of an Amendment to the 2015 Budget for Community Event Expenditures in the Recreation Department Boyles: Reviewed the staff report dated April 27, 2015 in connection with the agenda item. Staff recommended approval of a resolution approving amendment to the 2015 General Fund budget. Morton: Asked what percent of the total Lakefront Days funding was the City contributing by adding the $7800 and asked how much other contributed. 04 27 15 City Council Meeting Minutes 5 Boyles: Stated the Chamber has various funding sources and that the $7800 would be 100% of the City's historical contribution. McGuire: Commented that he had asked that this item be put on the agenda to bring back for consideration noting that at one point, it was a City sponsored event but then the Chamber took over the event. Hedberg: Invited Sandi Fleck, Prior Lake Chamber Executive Director to the podium to answer Councilor questions. Fleck: Advised that the Chamber receives various contributions from members and has been a partner with the City for at least 14 years. Noted that there are about 100 volunteers for the event and that the total amount for the event can change dramatically year to year. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-074 APPROVING AN AMENDMENT TO THE 2015 BUDGET FOR COMMUNITY EVENT EXPENDITURES IN THE RECREATION DEPARTMENT. VOTE Hedberg Keeney McGuire Morton Thompson Aye o Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 0 0 Absent ❑ 0 0 0 ❑ The motion carried. ITEMS REMOVED FROM CONSENT AGENDA 5G. Consider Approval of a Resolution Approving a Scott County CDA Economic Development Incentive Grant Application for Technical Assistance Morton: Commented that Technology Village phase 3 proposal expanding to an outside building and that the original purpose was to provide subsidized rent but if going to an outside building and still subsidizing, she would have a hard time supporting this. Rogness: Explained that the long term vision was some type of stand-alone building Prior Lake could call its premier business and that other buildings have been looked at to rent and sub-rent out.Stated the EDA and Tech Village Board hasn't lost sight of what the original vision was and explained that phase 1 was in City Hall, phase 2 was to have an off-site, and Phase 3 was the original vision.Added that this is now thought of county wide and something that other entities would support. Hedberg: Stated the objective on the EDA was to bring businesses and jobs to the City. Noted that some of the most telling research is that businesses only have a 25-30%success rate when started on their own but when in an incubator, it is a 75%success rate. The subsidy they receive, they have to pay back if they don't stay in Prior Lake and noted that three businesses have left the incubator; one failed, another has 10 employees at$70-90k salaries, and the other has graduated and rented in a downtown office space. Stated that before the Council spends additional money, it would come back for approval. Keeney: Commented that the idea that this might be bigger than just Prior Lake and participating with the CDA gives the ability to recruit. Stated he's still like to see the off-site incubator located within Prior Lake and that is why we would fund the bulk. Added that this was a good program for the EDA to help fund while trying to get to that next phase and that he supported this. 04 27 15 City Council Meeting Minutes 6 Hedberg:Added that for this to really work, many more businesses are needed and Prior Lake doesn't have the ability for that without partnership. Second is to look for more partners to help with costs. Rogness: Advised that if approved, the City has already received confirmation that it has been awarded one of four grants and this was due to the short window to approve which is not normally done this way. Morton: Clarified the remainder comes out of the EDA budget. Thompson: Asked how much Technology Village costs the City, whether the proposal was to increase expenditures and noted that hiring an Executive Director is also part of Phase 3 which is additional spending. Rogness: Explained that Technology Village costs the City approximately $40k of the EDA budget and 98% is referred to as lease subsidies which is essentially subsidizing leases.Added that there have been a lot of people interested in the vision of what this would be as a stand-alone building and has the potential to create more jobs. Hedberg: Reiterated that it would be more employees and high quality jobs in the community. Thompson: Asked who normally does incubators. Rogness: Explained that the most successful incubators are housed in universities to have the professor direction and mentoring. However, it is not out of the question that an established incubator in downtown may be looking for a suburban location. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-075 APPROVING A SCOTT COUNTY CDA ECONOMIC DEVELOPMENT INCENTIVE GRANT APPLICATION FOR TECHNICAL ASSISTANCE. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ►_� _� ►_� ❑ Nay ❑ 0 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent 0 ❑ ❑ ❑ ❑ The motion carried. 5H. Consider Approval of an Ordinance Regulating Short Term Rental Keeney: Express concerns with start up process of this ordinance for the 2015 season noting that first there is a fee that needs to be associated and he wanted to allow businesses to operate this season. Commented there were some businesses that have accepted reservations for the season that would exceed this ordinance. Proposed a 60 day startup period to allow processing of applications. Poppler: Commented there were two options for implementing the ordinance. 1. phase in according to schedule presented as 6/1/15: fee schedule in place; 6/30/15 all permits in place; 1/1/16: all compliance; or 2. Delay the ordinance effective dated to 1/1/16 and incorporate permit fee into schedule at that time and everyone required to be in full compliance. Keeney: Supported option 1 phasing to get it moving right away as long as staff could do the work. 04 27 15 City Council Meeting Minutes 7 Morton: Concurred with option 1 stating it gives time for all to become acclimated and it is fair to all parties.There could be reservations already in place so in all fairness, homeowners need to be aware there needs to be some give and take. Hedberg:Also supported option 1 to get the protections in place. McGuire: Stated he also supported option 1. MOTION BY MCGUIRE, SECOND BY KEENEY TO AMEND THE ORDINANCE AND RESOLUTION TO INCORPORATE PHASING IN OF THE ORDINANCE IN ACCORDANCE WITH THE PROPOSED SCHEDULE. VOTE Hedberg Keeney McGuire Morton Thompson Aye o o o o Nay ❑ 0 0 ❑ 0 Abstain ❑ ❑ 0 ❑ 0 Absent ❑ ❑ 0 0 0 The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE ORDINANCE 115-12 AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY INSERTING A NEW SECTION 315 RELATING TO SHORT-TERM RENTAL AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS AND APPROVE RESOLUTION 15-076 APPROVING THE SUMMARY OF ORDINANCE 115-12 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye o 0121E1 El Nay 0 0 0 0 0 Abstain 0 0 0 0 0 Absent 0 0 0 0 0 The motion carried. OTHER BUSINESS 1 COUNCILMEMBER REPORTS Morton: Explained that she was contacted and that several homeowners in the Maple, Panama and Mushtown area were fairly upset with the language in the letter that went out. Boyles: Clarified the issue was the assessment waiver form that was being questioned and stated Councilor Morton could direct the marked up letters be reviewed by Assessment Review. MOTION BY MCGUIRE,SECOND BY HEDBERG TO REFER THE RESIDENTS'MARKED UP ASSESSMENT WAIVER FORMS TO BE REFERRED TO ASSESSMENT REVIEW BODY FOR REVIEW AND REVISIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® o o o Nay 0 0 0 ❑ 0 Abstain 0 0 0 0 ❑ Absent ❑ 0 0 0 0 The motion carried. Keeney: Asked staff to announcement some of the construction and road closures going on. Poppler: Stated Mushtown Rd.was closed and for residents to use Toronto.Added that 150th&Hwy 13 will have some closures beginning in June/July Gehier: Noted that watermain repair on CR 21 begins Monday, May 4 and that traffic will be reduced to a single lane in each direction for approximately 1 week. 04 27 15 City Council Meeting Minutes 8 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 9:22 p.m. Frank Boyles, City Manager 04 27 15 City Council Meeting Minutes 9