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HomeMy WebLinkAbout05 25 15 Draft Council Minutes ti 4646 Dakota Street SE Prior Lake,MN 55372 4tion Eso'0' REGULAR CITY COUNCIL MEETING MINUTES May 26, 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, Project Engineer Thongvanh, Public Works Director Gehler, Community and Economic Development Director Rogness, Planner Matzke, Fire Chief Hartman, Police Chief Elliott, Communications Coordinator Peterson and Administrative Assistant Green. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum. Comments: Curt Hennes, 17286 Sunset Trail, provided notice of Prior Lake Spring Lake Watershed events including the second public meeting about the stormwater/floodwater management study and strategies; and the upcoming carp tournament. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ►� ►� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ 0 0 0 The motion carried. APPROVAL OF MAY 11, 2015 CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE MINUTES OF THE MAY 11, 2015 MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ►_� _� _� _� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ 0 ❑ ❑ ❑ Absent ❑ ❑ 0 ❑ 0 The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of April 2015 Treasurers Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Animal Control Services Report 1 E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report G. Consider Approval of a Resolutionl5-086 Approving a Limited Use Permit with MNDOT for the 150th Street and TH 13 Improvement Project and Authorizing the Mayor and City Manager to Execute the Document, City Project#TRH 15-00001 H. Consider Approval of a Resolution 15-087 Providing Comments to the OAA Board Regarding a Proposed Amendment to the Scott County 2030 Comprehensive Plan I. Consider Approval of a Cigarette License for eCig Store of Shakopee LLC J. Consider Approval of a Resolution 15-088 Requesting MNDOT to Perform a Speed Study on 180th Street from Mushtown Road to Revere Way K. Consider Approval of a Resolution 15-089 Approving the EDA 2015 Business Plan L. Consider Approval of a Resolution 15-090 Accepting a Grant and Authorizing the Mayor and City Manager to Execute the Project Grant Agreement with the Minnesota Public Facilities Authority for the Mushtown Road, Maple Lane and Panama Avenue Improvement Project M. Consider Approval of a Resolution 15-091 Adopting the Minnesota Department of Administration General Retention Schedule for Minnesota Cities N. Consider Approval of Resolution 15-098 Outling a Process for Assessment Waiver for the Mushtown Road, Maple Lane and Panama Avenue Improvement Project Boyles: 5N Resolution should include the word "immediately." MOTION BY MCGUIRE SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF THE WORD"IMMEDIATELY" IN THE 5N RESOLUTION. Morton: Regarding the Mushtown, Maple and Panama project, residents will have the actual numbers in hand before the assessment hearing. Poppler: Affirmed. Hedberg: Thanked Morton and McGuire for service on the assessment review committee. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ►� IZI Nay 0 ❑ 0 0 0 Abstain 0 0 ❑ 0 0 Absent ❑ 0 0 0 0 The motion carried. PRESENTATIONS No presentations were scheduled. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of an Amendment to the 2015 Official Fee Schedule and Consider Amendments to the Prior Lake City Code, Section 106.600 (Adoption of Official Fee Schedule) and Resolution 15-092 Approving a Summary Ordinance 115-14 and Publication Thereof City Engineer and Inspections Director Poppler reviewed the agenda report presented on May 11, 2015 regarding this topic. Morton: Clarified that this goes on the 2015 fee schedule. Will it be grandfathered in for this year? Poppler: Two portions of the ordinance will not take effect until next year because contracts are already entered into with short term rental customers for this year. DRAFT 05 26 15 City Council Meeting Minutes 2 Schwarzhoff: Giving people 60 days to complete the permit application. There are also parameters on the number of people renting based upon the size of the building. MOTION BY MORTON SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® Nay ❑ 0 0 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent 0 ❑ 0 0 0 The motion carried and the public hearing opened at 7:14 p.m. Comments: No person stepped forward to speak. McGuire: Comfortable with the$200 fee as long as it is reviewed for the 2016 fee schedule. Keeney: Regarding the summary notice—can we add a sentence defining the fee change and amount. MOTION BY KEENEY SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AND APPROVE ORDINANCE 115-14 REVISING SECTION 106.600 OF THE PRIOR LAKE CITY CODE AND ESTABLISHING A FEE SCHEDULE FOR ALL CITY LICENSE FEES, USER CHARGES AND PERMIT CHARGES PURSUANT TO MINN. STAT. § 462.351 TO 462.364 WITH A STATEMENT DEFINING THAT THE CHANGE IS TO SET A FEE FOR SHORT TERM RENTALS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® @ ® a _a Nay ❑ ❑ 0 ❑ 0 Abstain ❑ 0 0 0 0 Absent ❑ ❑ ❑ 0 0 The motion carried. MOTION BY KEENEY SECOND BY MORTON TO APPROVE RESOLUTION 15-092 APPROVING THE SUMMARY OF ORDINANCE 115-14 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® Nay ❑ ❑ ❑ ❑ 0 Abstain ❑ 0 0 0 0 Absent ❑ ❑ ❑ 0 0 The motion carried. OLD BUSINESS 8A Consider Approval of Resolution 15-093 Accepting Bids and Awarding the City's Standard Construction Contract for the Credit River Road Project Project Engineer Thongvanh presented the agenda report dated May 26, 2015 related to this project. A PowerPoint outlined the estimated costs and funding sources. Noted that setting assessments would occur at a later date. DRAFT 05 26 15 City Council Meeting Minutes 3 MOTION BY MCGUIRE SECOND BY THOMPSON TO APPROVE RESOLUTION 15-093 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR THE CREDIT RIVER ROAD IMPROVEMENT PROJECT (CITY PROJECT#TRN 15-000006) McGuire: Assessment review committee's comments were reflected well in Thongvanh's report. Hedberg: Aware that sanitary sewer study as part of 2030 comprehensive plan contained an error which has resulted in the necessity for the city to increase capacity. Asked if there is some additional capacity in the expansion proposed in this project which would allow for additional annexations in the event they were to come to pass. Poppler: Affirmed this will provide some capacity to the east and south if that area comes into the City. VOTE Hedberg Keeney McGuire Morton Thompson Aye E ® ® ® E Nay ❑ ❑ ❑ 0 0 Abstain ❑ 0 ❑ 0 ❑ Absent ❑ 0 0 0 0 All ayes. The motion carried. 8B Consider Approval of Ordinance Amendment 115-15 to the Prior Lake City Code Section 804.400 Relating to Bow Fishing City Manager Boyles commented that the ordinance should allow and exemption for bow fishing. This amendment would accomplish the needed exception. It is regulated by DNR and staff recommends approval of the recommendation. MOTION BY THOMPSON SECOND BY MCGUIRE TO APPROVE ORDINANCE 115-15 AMENDING PART 8 OF THE PRIOR LAKE CITY CODE BY INSERTING SUBSECTION 804.402 RELATING TO BOW FISHING. McGuire: Wants to assure this does not interfere with the upcoming carp tournament. Schwarzhoff: City has right to enforce its ordinance and the City is electing to not enforce the ordinance during this tournament. VOTE Hedberg Keeney McGuire Morton Thompson Aye a _� ►� E Nay ❑ 0 0 0 0 Abstain 0 ❑ ❑ 0 0 Absent ❑ 0 ❑ ❑ ❑ All ayes. The motion carried. 8C Consider Approval of a Report with Respect to the Keeping of Chickens in Prior Lake City Manager Boyles presented the agenda report dated May 26, 2015 regarding this topic. Commented that it is desirable to have similar ordinance to neighboring cities; but there is potential for conflict between parties choosing different life styles-one which keeps chickens and the other that does not. McGuire: Asked if many people have inquired about having chickens. Boyles: Approximately 50. McGuire: Commented that Tractor Supply will only sell a minimum of six chickens as fewer than that are considered pets rather than livestock. DRAFT 05 26 15 City Council Meeting Minutes 4 Boyles: Existing ordinance divides the city between urban and rural and rural areas. In the rural area property owners are already allowed to have chickens based upon a formula. The urban portion has a prohibition against farm-type animals. Hedberg: Favors leaving the code as it exists. Morton: Asked how many of the afore-mentioned calls were asking to have chickens vs. complaints. Boyles: Believes they were wanting to have chickens. Morton: With no one making a formal request, also favors leaving the ordinance as is. Keeney: Questioned whether she expects a petition. Morton: Does not feel a strong need to change ordinance with no strong rationale to do so. McGuire: Many lots around Prior Lake are 50-foot lots and would have no room and minimum lot sizes should be considered. Hedberg: Agrees with Morton comments and if it is studied lot sizes should be included. NEW BUSINESS 9A Consider Approval of a Resolution 15-094 Approving the 2014 Annual Financial Report and Management Letter Interim Finance Director Erickson introduced Jim Eichten of MMKR. Eichten presented the 2014 annual financial report and management letter. A clean opinion of the audit was found and no findings were made regarding financial controls, federal funds, etc. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-094 ACCEPTING THE 2014 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER AS PRESENTED. McGuire: Noted that the reports were received a week ago and a work session was held on this topic earlier this evening. Thanked the Finance Department staff for their work. Hedberg: Commented that the per capita slide shows the population from previous years as the new estimates come later in the year. Noted that there is growth of over 500 households and the per capita spending is even less than comparable cities and less that reflected in the report. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ►_� _� ►_� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B Consider Approval of a Resolution 15-095 Approving the Pike Lake Preliminary Plat Planner Matzke presented the agenda report dated May 26, 2015 related to this topic. A PowerPoint was used to depict the property location and details of the project. The Planning Commission conducted a public hearing and recommends approval of the project. Community and Economic Development Director Rogness explained how the project would fit into the 2030 Comprehensive Plan. This project's approval on the street is only through the cul-de-sac, not the entire east-west street. Matzke stated the developer would apply for federal housing credit upon approval of the preliminary plat and construction is not anticipated before 2016. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 15-095 TO APPROVE THE PIKE LAKE PRELIMINARY PLAT. DRAFT 05 26 15 City Council Meeting Minutes 5 Keeney: Noted the existing single family lot is not part of this project. Asked if sewer has capacity to serve the three future residential lots. Hesitant to plat lots that cannot be served and suggested they be left as outlots. Poppler: The first lot would be able to be served with existing service. Other two lots would need future improved sewer services. Keeney: Hesitant to have those lots shown as anything but future development. Hedberg: The financial discussions will be a number of months later. The public should know the nature of the development that is planned. Keeney: Commented on a future road funded by Tax Increment Financing and the developer choosing not to develop that portion because it it too expensive. That does not seem to be a good direction to go with TIF. A future connection to the land to the west should be funded with trunk funds or something other than tax levy dollars. McGuire: Clarified that his motion approves the three residential properties as outlots. Matzke: The area is shown as lots, but the resolution could state they are planned as outlots. MOTION BY KEENEY, SECOND BY MCGUIRE TO AMEND THE RESOLUTION TO SHOW THAT AREA OF THE PROPERTY BE SHOWN AS OUTLOTS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® _� Nay 0 ❑ 0 0 0 Abstain ❑ 0 0 0 0 Absent ❑ ❑ ❑ 0 0 The motion carried. Hedberg: There is a market for work force housing and the tools available for funding such housing is limited. The developer is seeking a Community Development Grant as well as other funding sources. The public should know that Tax Increment Financing is being considered. Keeney: Supports the work force house project and believes that the City will have to subsidize that. Is concerned about funding the balance of the through road with TIF or property tax. This decision will be made by the city council though at a future meeting. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® Nay 0 ❑ 0 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ 0 0 The motion carried to approve the Pike Lake preliminary plat. 9C Consider Approval of Resolution 096 Approving the Carriage Hills 5th Addition Preliminary Plat Planner Matzke presented the agenda report dated May 26, 2015 related to this topic. A PowerPoint was used to provide site details. The Planning Commission conducted a public hearing and recommends approval of the preliminary plat. MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE RESOLUTION 15-096 APPROVING THE CARRIAGE HILLS 5T"ADDITION PRELIMINARY PLAT. Keeney: Stated a public hearing comment was made regarding concerns about overloading sanitary sewer systems and backups that have occurred. Matzke: It was reviewed and believes it has no correlation to the connection under discussion. Poppler: Affirmed that three more homes connected to this trunk line would not be an issue and the homes experiencing problems may have them in service lines. DRAFT 05 26 15 City Council Meeting Minutes 6 Keeney: Questioned driveway configuration. Matzke: Displayed shared driveways and commented that driveway agreements should be recorded with final plat. Hedberg: Asked about the ownership of the outlot. Matzke: They will be city-owned outlots due to maintenance needs. The stormwater area will also be maintained by the city. Hedberg: Suggested the driveway would also need easements. Matzke: Depicted the applicable right-of-ways. An agreement may be desirable so future property owners understand the shared property uses. Keeney: Commented the agreement should reflect that it is a private driveway and will not be maintained by the city. Boyles: Believes it should be worked out in the preliminary plat stage. Schwartzhoff: It would be wise to make it part of the approval with this action. Then if the final plat comes back and they have not incorporated these wishes, it could be rejected. MOTION BY HEDBERG, SECOND BY MCGUIRE TO AMEND THE MOTION TO REQUIRE THAT A USE AND MAINTENANCE AGREEMENT BE DEVELOPED FOR THE SHARED DRIVEWAY TO INCLUDE LOT 2 AND LOT 3 AND THE CITY. VOTE Hedberg Keeney McGuire Morton Thompson Aye @ _4 Nay ❑ 0 0 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent 0 0 0 0 0 The motion carried. MAIN MOTION: VOTE Hedberg Keeney McGuire Morton Thompson Aye Z ® ® ►_ ►_� Nay o ❑ ❑ ❑ ❑ Abstain ❑ 0 0 0 0 Absent 0 ❑ 0 0 ❑ The motion carried to approve the preliminary plat. 9D Consider Approval of Resolution 15-097 Approving an Application for the Sewer and Water Fee Deferral Program Community and Economic Development Director Rogness noted that Water Street Restaurants Group, LLC, is applying for SAC fee deferral; and reviewed the components of the deferral program request. Stated the City has approved fee deferrals twice. Noted the Economic Development Authority recommends the resulting deferral of revenue occur through trunk funds. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-097 APPROVING AN APPLICATION FOR THE SEWER AND WATER FEE DEFERRAL PROGRAM. Morton: questioned whether the EDA had budgeted for the funding of this project? Rogness: The EDA had enough money in their budget to fund the two previous deferrals. This request would be funded through city trunk funds. Morton: Did the EDA budget for this program in the 2015 budget. Hedberg: No. If budgeted in the EDA Budget, it would affect the taxpayer; and this is a trunk fund transaction which does not. Morton: Questioned whether that should be a policy decision. DRAFT 05 26 15 City Council Meeting Minutes 7 Rogness: The policy was amended once, primarily to increase the eligible 10 SAC units to 25 and funding was removed from the EDA budget as a policy matter at the same time. Hedberg: The EDA also wanted the visibility of the funding to be reflected in the city's budget. It is not a tax levy item. Morton: Asked if the intent is to have this included in the annual EDA report. Hedberg: This is administered by the EDA, but the funding does not flow through the tax flow of the EDA. It is addressed in the annual EDA Public Assistance report to the city council. Thompson: Questioned whether this is the way it will be handled going forward. Rogness: Affirmed. Keeney: Commented there is no cash outlay by the City; rather it is an additional burden on revenue capacity. Believes this process is better. Rogness: Commented it is possible that if a number of requests come in, it could be evaluated whether it would have a negative impact on the trunk funds. Thompson: Clarified that fees are not being collected up front, but rather they are being collected over five years. Rogness: 20% are collected immediately. The remaining 80% are spread over five years with interest. VOTE Hedberg Keeney McGuire Morton Thompson Aye Z ® ® o o Nay ❑ ❑ 0 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ 0 0 0 0 The motion carried. 9E Consider Approval of an Ordinance Amending Subsections 1102.1403 and 1107.2200 of the Zoning Ordinance Related to Architectural Design Community and Economic Development Director Rogness reviewed the agenda report dated May 26, 2015 regarding this topic. A PowerPoint was used to depict the parameters of building styles and materials being proposed. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE ORDINANCE 115-XX AMENDING SUBSECTION 1102.1403 RELATED TO USES PERMITTED WITH CONDITIONAL USE PERMIT IN THE I-1 GENERAL INDUSTRIAL USE DISTRICT AND SUBSECTION 1107.2200, ARCHITECTURAL DESIGN, OF THE CITY OF PRIOR LAKE ZONING ORDINANCE AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. Morton: Expressed concern that some of the proposed language (11 a) is vague and could be stretched to fit any person's definition. Schwartzhoff: Agreed that specificity is desirable. Keeney: Believes predominantly means"most of the building." Hedberg: Raising legitimate concerns about clarity; but now trying to do the job of the staff or Planning Commission. McGuire: Concurs with sending it back to staff. Morton: Withdrew the motion. Keeney: Withdrew the second to the motion. MOTION BY MORTON, SECOND BY THOMPSON TO DIRECT STAFF TO ADDRESS ARCHITECTURAL DESIGN ORDINANCE TO IMPROVE CLARITY TO REDUCE AMBIGUITY, SPECIFICALLY TO 11 A AND B, AND PERHAPS C AND D. E IS FINE. DRAFT 05 26 15 City Council Meeting Minutes 8 MCGUIRE: AMEND TO SEND BACK TO STAFF WITH COMMENTS IN MIND AND BRING IT BACK TO A FUTURE MEETING. Keeney: Perhaps bring it back as two motions—one for all buildings, another for architectural design. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ® ® ►� Nay ❑ 0 ❑ 0 0 Abstain 0 0 0 0 0 Absent ❑ 0 ❑ 0 0 The motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS McGuire: Approached by non-profit recently regarding City policy on community events. MOTION BY MCGUIRE, SECOND BY KEENEY TO DIRECT STAFF TO BRING POLICY ON COMMUNITY EVENTS AND BRING BACK FOR APPROVAL LATE IN 2015 Keeney: Suggested the Parks Advisory Committee might be involved in drafting a policy. Boyles: Stated that staff supports this direction and added that it is a significant undertaking balancing equity and wanting to promote community events. It will involve everyone in our city departments. Keeney: Some cities have fees and then need staff to sort out the fees and registrations, which could be contrary to promoting the events. Agreed it would take some policy equity. May have to fund some staff to help with that. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ 0 0 0 0 Abstain ❑ 0 ❑ ❑ 0 Absent 0 0 0 ❑ 0 The motion carried. MOTION MADE BY MCGUIRE TO CONDUCT THE ANNUAL CITY MANAGER EVALUATION DURING THE NEXT WORK SESSION. KEENEY AMENDED AND SECONDED THE MOTION TO SCHEDULE IT DURING THE NEXT MEETING AS AN EXECUTIVE SESSION. VOTE Hedberg Keeney McGuire Morton Thompson Aye o ® El Nay ❑ 0 ❑ 0 0 Abstain ❑ 0 0 0 0 Absent ❑ 0 0 0 ❑ The motion carried. McGuire:As a member of the city manager evaluation committee he asked that the Mnager's evaluation be scheduled for the next council meeting either as part of the work session or during the council meeting in executive session if the agenda is modest in size. Council affirmed by consensus. DRAFT 05 26 15 City Council Meeting Minutes 9 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 9:15 p.m. Frank Boyles, City Manager DRAFT 05 26 15 City Council Meeting Minutes 10