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HomeMy WebLinkAbout06 08 15 Draft Council Minutes , PR,o, U c),,1 4646 Dakota Street SE Prior Lake,MN 55372 4fINNESol`. REGULAR CITY COUNCIL MEETING MINUTES June 8, 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, Engineering/Inspections Director Poppler, Public Works Director Gehler, Economic Development Director Rogness, Police Chief Elliott, Interim Finance Director Erickson, Communications Coordinator Peterson and Administrative Assistant Green. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye D D D x❑ D Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 ❑ 0 Absent ❑ ❑ ❑ 0 ❑ The motion carried. APPROVAL OF MAY 26, 2015 CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE MINUTES OF THE MAY 26, 2015 MEETING AS PRESENTED. Hedberg Keeney McGuire Morton Thompson VOTE Aye x❑ D x❑ x❑ D Nay ❑ ❑ ❑ 0 ❑ Abstain ❑ ❑ ❑ D ❑ 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 Animal Control Services—May 2015 C. Consider Approval of Refuse Hauler Permit Renewals for 2015-2016 1 D. Consider Approval of Resolution 15-099 Approving Liquor License Renewals for 2015-2016 E. Consider Approval of Resolution 15.100 Authorizing Approval of a Second Renewal of Memo of Understanding (MOU) with the SMSC for Liquor Sales on the Meadows at Mystic Lake F. Consider Approval of a Liquor License for the 2015 Prior Lake Rotary Lakefront Music Festival G Consider Approval of Resolutions for the Credit River Road Improvement Project#TRN15-000006: 1) Resolution 15-101 Accepting Proposals and Authorizing WSB&Associates to Provide Construction Staking; and 2) Resolution 15-102 Accepting Proposals and Authorizing Element Materials Technology to Provide Construction Testing H Consider Approval of a Resolution Waiving Platting Requirements for the Combination of Property at Councilor Keeney requested that agenda item 5H, Consider Approval of a Resolution Waiving Platting Requirements for the Combination of Property at 14560 Oakland Beach Avenue NE, be removed from the Consent Agenda for discussion. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA WITH AGENDA ITEM 5H REMOVED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® 0 Nay ❑ ❑ 0 0 0 Abstain ❑ ❑ ❑ ❑ 0 Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS Chamber of Commerce Executive Director Sandi Fleck presented funds for a memorial garden for former Assistant City Manager Kelly Meyer. Fleck described the fundraising program and stated that$7,700 was collected. She presented a check for$4,000 to Mayor Hedberg for the memorial garden and stated that the balance of the funds would be used towards a program to be called, "Kelly's Umbrellas." City Manager Boyles described the plan for the memorial garden that will be established at Lakefront Park and commented that former Accounting Supervisor Janie Gilb will be recognized with a memorial bench as well. Morton: Thanked the Chamber for taking on this initiative and all of the donors who contributed. Asked if donor names will be published so the City can extend appreciation. Fleck: Responded that some donors requested to remain anonymous. Other donations were from companies and she will learn whether or not they wish to be recognized. A recognition event is planned when the garden is dedicated. MOTION BY MCGUIRE, SECOND BY THOMPSON THAT THE PRIOR LAKE CITY COUNCIL ACCEPT THIS $4,000 DONATION WITH GRATITUDE TO THE PRIOR LAKE CHAMBER OF COMMERCE AND ALL THOSE WHO CONTRIBUTED;AND THAT ALL PROCEEDS BE DIRECTED TO THE CONSTRUCTION OF A MEMORIAL TRAIL AND GARDEN AS GENERALLY DESCRIBED IN THE JUNE 8, 2015 AGENDA REPORT AND AS DISPLAYED ON THE POWERPOINT SLIDE WHICH WAS PART OF THE PRESENTATION. DRAFT 06 08 15 City Council Meeting Minutes 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye IZI Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ 0 0 Absent ❑ ❑ 0 0 ❑ The motion carried. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of an Ordinance Amending Sections 704&705 of the Prior Lake City Code Related to Utility Regulations Public Works and Natural Resource Director Gehler reviewed the agenda report dated June 8, 2015 related to this agenda item. Highlighted the major changes being proposed and explained the rationale behind the definition of some items. Commented on the difficulty of enforcing water restrictions with associations and apartment complexes that have centralized irrigation systems. Proposed ordinance changes would have multi- family residences on a water restriction program related to location on either the north or south side of town (CR 44)which would be enforceable by 2016. Morton: Sought clarification of the demarcation line for multi-family residences. Gehler: Replied it would align with CR 44 or 160th Avenue and added that communications would be sent to multi-family properties to advise them. Thompson: Asked if there was no water restriction for multi-family residences prior to this time. Gehler: Replied that the current water restriction applied to them, but with both odd-and even-numbered residences, there was no means to enforce the restriction. MOTION BY MORTON, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye IZI Nay ❑ ❑ ❑ ❑ 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ 0 ❑ ❑ The motion carried and the public hearing opened at 7:21 p.m. Comments: No person stepped forward to speak. Morton: Encouraged the communication about water restrictions to clearly state that the information should be passed along to property management companies. Keeney: Stated that water restrictions are in place daily from 10 a.m. —5 p.m. Gehler: Added that is from May 1 to October 1 of each year. MOTION BY THOMPSON, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AND APPROVE ORDINANCE 115-17 AMENDING SECTIONS 704 &705 OF THE PRIOR LAKE CITY CODE RELATED TO UTILITY REGULATIONS;AND RESOLUTION 15-103 APPROVING A SUMMARY OF THE ORDINANCE FOR PUBLICATION. DRAFT 06 08 15 City Council Meeting Minutes 3 VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS There was no old business scheduled. NEW BUSINESS 9A Consider Approval of an Ordinance Amending Subsection 1102.1100 of the Prior Lake Zoning Ordinance Related to the C-2 General Business Use District Community and Economic Development Director Dan Rogness distributed corrections to the proposed ordinance amendment and summary for publication. Reviewed the agenda report dated June 8, 2015 related to this topic describing the proposed changes and depicting areas designated C-2 General Business Use. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE ORDINANCE 115-16 AMENDING SUBSECTION 1102.1100 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE C-2 GENERAL BUSINESS USE DISTRICT; AND RESOLUTION 15-104 APPROVING THE ORDINANCE SUMMARY FOR PUBLICATION. Keeney: Queried about setback examples provided and clarified that no buffer yard improvements are proposed for change. Asked about the area around the bait shop noting that it adjoins residential property. Asked if alcohol-related business setbacks will still apply. Rogness: Replied that all of the assumptions posed in the questions were correct. Keeney: Queried whether the proof of parking changes have deviated from the original intent of the ordinance and provided examples of uses of"may" and "shall"that seem confusing. Morton: Commented that the protection is in the zoning administrator findings and requests would have to go through the process to be justified. Johnson: Concurred that in the proposed language, the first"may" is regarding reserved parking spaces; and the second "may"could be a "shall." MOTION BY KEENEY, SECONDED BY MCGUIRE TO AMEND THE MOTION TO CHANGE THE SECOND "MAY"TO "SHALL." VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ 0 ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion to amend carried. Keeney: Asked if the proposed changes apply to adult uses and whether we are inadvertently removing process from adult uses. DRAFT 06 08 15 City Council Meeting Minutes 4 Johnson: Replied that adult use is referenced as a separate requirement and City Code Section 1111 is used when considering adult uses. Thompson: Asked why the setbacks are being proposed for change. Rogness: Responded that approximately three years ago, the City wanted to look at commercial and industrial zones and compare ourselves to other cities to learn what they are requiring in terms of setbacks. There is not a definition of what is a necessary setback, but we wanted to know if we are above or below the norm and try to become more in line with the average. Emphasized that the proposed changes are looking at the averages. If Council believes this is moving too far from current ordinance, staff is fine if Council wants to stay with larger setbacks. Hedberg: Commented that the Economic Development Advisory Committee (EDAC) took a strong position about reconsidering setbacks because of a perception that the City is unfriendly to businesses. Setbacks have significantly impacted size of buildings, and businesses have turned away from Prior Lake because they could put their building up less expensively in other communities. Keeney: Stated that the balance is development of uses that conflict when commercial or retail is next to residential. Stated he tends to protect residential when it is already existing. Thompson: Concurred. MOTION BY THOMPSON, SECOND BY KEENEY TO AMEND THE MOTION TO KEEP A 60-FOOT SETBACK ADJACENT TO RESIDENTIAL PROPERTIES. Hedberg: Commented that he generally favors the recommendations from staff and other communities. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 Nay ❑ ❑ ❑ ❑ D Abstain ❑ ❑ 0 ❑ 0 Absent ❑ ❑ 0 0 ❑ The motion to amend carried. Keeney: Sought clarification and assurance that the proposed changes do not impact the requirements for adult use properties. Johnson: Replied that even if an adult use fit within the definition of indoor entertainment, it would be separately regulated by Section 1111 and have to satisfy all of the requirements therein. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE ORDINANCE 115-16 AMENDING SUBSECTION 1102.1100 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE C-2 GENERAL BUSINESS USE DISTRICT WITH AMENDMENTS TO THE PROPOSAL TO CHANGE THE SECOND"MAY" TO"SHALL"AND KEEPING A 60-FOOT SETBACK ADJACENT TO RESIDENTIAL PROPERTIES; AND RESOLUTION 15-104 APPROVING THE ORDINANCE SUMMARY FOR PUBLICATION. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. DRAFT 06 08 15 City Council Meeting Minutes 5 ITEMS REMOVED FROM CONSENT AGENDA H Consider Approval of a Resolution Waiving Platting Requirements for the Combination of Property at 14560 Oakland Beach Avenue NE Community and Economic Development Director Rogness commented on the agenda report prepared June 8, 2015 on this topic and stated that the key aspect of this is a roadway easement through the property that needed to be vacated, which has been done. Noted that lot combinations are not addressed well in our subdivision ordinance and staff is looking at amending the ordinance to more easily allow combining properties. Keeney: Commented that the property proposed for combining does not reach the shore and the neighboring property to the north goes at an angle that is different from upland property line. Believes the situation is prone to litigation and expressed concern that if property owners do not resolve shoreline access, the City may be embroiled in suit to resolve it. Therefore, he believes the property should be platted. Hedberg: This is one of several areas where lakeshore owners do not own the lakeshore even though they think they do. Believes that all properties along this avenue believe they own lakeshore and the issue is ownership of the lakeshore. Stated that if lots are treated as riparian, it should be addressed. Rogness: Plats around the lake are very old and varied. Some have lot lines going into the lake, some don't go into the beach. Some have different language over who gets to use the waterfront. This is a bigger issue being brought up that is beyond this land combination. These people need the properties combined in order to build. Keeney: Stated he wants to put the responsibility back on the owners to resolve it before the City takes action. Questioned whether there could be disclaimer language for the City that any action is no comment on ownership of the land outside these three parcels,especially regarding the water front. Morton: Asked if there is hold harmless language that can be used. Johnson: Stated this combination of parcels request cannot pass conditioned on them holding the City harmless. Recommended that it be brought back to a later meeting. Points are well taken about whether the City is enhancing or detracting from anyone's argument on beachfront and there might be litigation the City would become involved in. Hedberg: Added that since this property is next to a lot that appears to be riparian, it is potentially problematic. Keeney: Commented that subdivision ordinance is very clear about showing adjacent ownerships and using it would force property owners to go through the process. Added he is not sure what to do that, but does want to keep the City out of any litigation. Asked if this action is time sensitive. Rogness: Replied that it is somewhat time sensitive, but if research is completed before the next meeting it should still be timely. Hedberg: Perhaps language can be found that would protect the City. If not, the property owners may have to go through the subdivision process. MOTION BY MCGUIRE, SECOND BY KEENEY TO DIRECT STAFF TO DEFER ACTION SUBJECT TO STAFF AND CITY ATTORNEY REVIEWING THE MATTER TO DETERMINE WHAT SORTS OF LIABILITIES THERE MAY BE AND WHAT SORTS OF ALTERNATIVES THERE ARE TO MITIGATE AGAINST THEM, PARTICULARLY IN REGARDS TO WATERFRONT. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay 0 0 ❑ ❑ 0 DRAFT 06 08 15 City Council Meeting Minutes 6 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. EXECUTIVE SESSION Mayor Hedberg recessed the regular meeting to Executive Session at 8:15 p.m. to conduct the 2014 annual performance evaluation of the City Manager. RECONVENE Mayor Hedberg reconvened the meeting at 9:04 p.m. and summarized the performance evaluation of the City Manager received for calendar year 2014. He stated that generally the assessment along all performance demensions was satisfactory. Thanked councilor Keeney and McGuire who were the city manager evaluation group. MOTION BY KEENEY, SECOND BY MCGUIRE TO ADOPT RESOLUTION 15-105 INCREASING THE CITY MANAGER'S SALARY BY 2.5% FOR 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® 0 ® 0 IZI Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ 0 ❑ ❑ ❑ Absent ❑ ❑ ❑ 0 0 The motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Mayor Hedberg reported on flower contributions made by Sailor's Greenhouse for the downtown vases. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Thompson and seconded by Morton. The motion carried and the meeting adjourned at 9:07 p.m. Frank Boyles, City Manager DRAFT 06 08 15 City Council Meeting Minutes 7