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Home My WebLink About06 22 15 Draft City Council Minutes PRI°4 �� E 61 4646 Dakota Street SE Prior Lake,MN 55372 'fNSO'`t* REGULAR CITY COUNCIL MEETING MINUTES June 22, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors McGuire, Keeney and Thompson, City Manager Boyles, City Attorney Johnson, City Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Director Rogness, Fire Chief Hartman, Police Chief Elliott, Interim Finance Director Erickson, Communications Coordinator Peterson and Administrative Assistant Green. Councilor Morton was absent. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum. Comments: Mark Coffman, 15901 Sunfish Trail, Asked Councilor Thompson to relate what happened when she visited the neighborhood last week. Asked if Sunfish Bay is under investigation by the Council. Some residents feel as though they are being singled out by other homeowners and the subject of complaints to the City by them. Would like an investigation of the Engineering Department, Planning Commission and Code Enforcement. Hedberg: Reiterated that based upon the sign ups for the forum, topics on the agenda for this meeting have been subject to public hearings by the Planning Commission and are not eligible for comments at the public forum. Marilyn Enger, 14377 Enclave Ct NW, stated that people in that neighborhood have appealed a decision of the Planning Commission and would like to know the next steps. Mayor Hedberg informed them it would be addressed during that agenda item. Jim Space, 1109 Quixote Avenue, Lakeland, MN, stated that two of the lots he owns are solid woods and he was cited to mow that. Does not want to mow the woods. Requesting that he be allowed to leave it unmowed. Asked for time to come forward with a development plan for other lots he owns. Keeney: Asked if the wooded lots are undeveloped with no home on them. Space: Replied they are Lots 27 and 28 in Sunfish Bay Addition. Chris and Shannon Welker, 16628 Eagle Creek Court, expressed concern about a proposed commercial addition being built. Hedberg: Informed them that a public hearing had been held for that property and public input will not be accepted at this meeting; but encouraged them to communicate to councilors via email. Chris Donerly, 16612 Eagle Creek Ct, stated he has left both voice mail and email with council members, but received no responses. Keeney: Replied that on a controversial topic, a number of emails are received. Time is needed to compose a response that covers his position on a topic which may take a couple of days. Hedberg: Commented that the agenda item referred to will be removed from the agenda as changing land use requires a super majority and the full council is not in attendance. Many questions have been raised and it is appropriate that answers should be formulated for the questions and issues. McGuire: Commented that Coffman should have a response to his questions and sought clarification about whether Thompson was in that neighborhood with a police officer. Thompson: Affirmed she walked through the neighborhood with a police officer and was approached by a number of the neighbors who asked her to view particular areas and concerns. Stated there has been a lot of 1 activity in this neighborhood due to ordinance violations and complaints. The police officer had knowledge of the issues and was a resource. Keeney: Commented that the code enforcement process is intended to raise the awareness level of the community and to help neighbors get along with each other and is not intended to be punitive. Hedberg: Asked if there is any investigation underway. Thompson: Replied there is not. McGuire: Noted that any investigations would be done by police or code enforcement, not council members. Keeney: Affirmed the Council does not decide a particular issue, but rather considers whether policy needs to be changed. Staff is very competent to implement the policies. Boyles: Stated he would contact Engen to talk about next steps regarding appealing a Planning Commission decision. APPROVAL OF AGENDA Boyles: Requested that items: 9B Consider Approval of a Resolution Approving a Preliminary Planned Unit Development Plan for Eagle Creek Commercial and Eagle Creek Commercial 2nd Addition Preliminary Plat; 9C Consider Approval of a Resolution Approving the Markley Lake Woods Final Plat and Development Contract; and 9D Consider Approval of Resolutions Relating to Jeffers Pond: 1)Approving Comprehensive Plan Amendment for Outlot D; 2)Approving a PUD Amendment for Outlots B, C, and D; 3)Approving a Preliminary Plat for Jeffers Pond 8th Addition be removed from the agenda. Items 9B and 9D required a 4/5 vote for approval and it is desirable for those items to be considered by the full council. 9C is being removed at the request of the developer. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA AS REVISED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ►� ❑ ►� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE JUNE 8, 2015 MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing DRAFT 06 22 15 City Council Meeting Minutes 2 B. Consider Approval of Building Permit Summary Report C. Consider Approval of Resolution 15.106 Approving a Temporary On Sale Intoxicating Liquor License for the Prior Lake Chamber of Commerce D. Consider Approval of Police Department Report E. Consider Approval of Fire Department Report F. Consider Approval of Resolution 15-107 Approving the Amendment to the T-Mobile Water Tower Antenna Agreement and Authorizing the Mayor and City Manager to Execute the Same G. Consider Approval of Resolution 15-108 Approving the Amendment to the Verizon Water Tower Antenna Agreement and Authorizing the Mayor and City Manager to Execute the Same MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ❑ El Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ El Absent ❑ ❑ 0 ® El The motion carried. PRESENTATIONS 6A Police Officer Lindsey Ayers Oath of Office Police Chief Elliott introduced Police Officer Ayers and provided a biography of her past experience and training. Mayor Hedberg administered the Oath of Office. RECESS Mayor Hedberg declared a recess at 7:28 p.m. RECONVENE Mayor Hedberg reconvened the meeting at 7:33 p.m. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS 8A Consider Approval of a Resolution Waiving Platting Requirements for the Combination of Property at 14560 Oakland Beach Avenue NW Community and Economic Development Director Rogness reviewed the June 22, 2015 agenda report on this topic. Reported that Scott County Officials confirm that none of the property lines extend to the shoreline and lots 1-16 have joint use of the waterfront. A release and hold harmless document has been drafted by the city attorney to protect the City's approval of combining the parcels from any possible future litigation regarding waterfront ownership. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-109 WAIVING PLATTING REQUIREMENTS FOR THE COMBINATION OF PROPERTY LOCATED AT 14560 OAKLAND BEACH AVENUE NE. DRAFT 06 22 15 City Council Meeting Minutes 3 Johnson: Commented that with the conflicting GIS points on the shoreland, the hold harmless is appropriate for this case. Keeney: Sought assurance that there are no public rights to protect on the joint use of the shoreland. Johnson: Affirmed. Hedberg: Queried whether the waterfront usage is for property owners on both sides of the road. Rogness: Replied that only Lots 1-16 have that use. Not the other lots. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ❑ ® ❑ Nay ❑ ® ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. 8B 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 stated that staff revisited some of the conditions identified in#11 of the proposed ordinance amendment that adds pole buildings and outlined the proposed conditions. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE ORDINANCE 115-18 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; AND RESOLUTION 15-110 APPROVING THE SUMMARY OF ORDINANCE 115-18 AND ORDERING PUBLICATION OF SAID SUMMARY. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ❑ Nay ❑ 0 0 0 ❑ Abstain ❑ ❑ ❑ ❑ 0 Absent 0 ❑ ❑ ® ❑ The motion carried. NEW BUSINESS 9A Consider Approval of an Ordinance Amending Section 308 of the Prior Lake City Code Relating to Tobacco Police Chief Elliott stated that the tobacco ordinance was reviewed in response to the query to the city council about whether Prior Lake's code aligned with nearby communities. The Community Safety Advisory Committee (CSAC) surveyed surrounding areas and recommends changes that would make the City more closely align with them. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 115-XX AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY AMENDING SUBSECTION 308.803 RELATING TO CIVIL PENALTIES DRAFT 06 22 15 City Council Meeting Minutes 4 FOR TOBACCO LICENSE VIOLATIONS; AND RESOLUTION 15-XXX APPROVING THE SUMMARY OF ORDINANCE 115-XX AND ORDERING THE PUBLICATION OF SAID SUMMARY. Johnson: Noted that the language in the proposed ordinance stated that a first and second violation would have consecutive days of suspension, but the third violation cites ten days suspension without the word consecutive. Elliott: Replied that the language was duplicated from neighboring communities' code and the CSAC did not discuss that specifically. It could be up to the Council to decide whether it should be consecutive. Johnson: Further noted that the first, second and third violation use "shall" and the fourth violation uses "may." Asked if that was intentional. Elliott: Reiterated that the language was duplicated from neighboring communities' code. McGuire: Commented that if a business experienced violations four times in 36 months, the fourth violation penalty should be"shall." Suggested the first violation penalty may be a little too strong and could be something less such as just one day. Hedberg: Reviewed penalties in surrounding communities and noted that this language adopts the harshest example of penalty. Keeney: Stated the language refers to an instructional program to train staff on how to check IDs, but does not require that it be done for each customer. Hedberg: Suggested this topic be referred back to staff and the CSAC as there is no immediate urgency and it should be done correctly. Thompson: Stated she is liaison to the CSAC and the committee purposefully wanted the first violation's penalty to have a little sting to it. Hedberg: Stated a consensus from Council is needed to direct staff. Keeney: Believes the proposed stiffer penalties are appropriate as it seems that passing a compliance check was not being taken seriously. Does not favor reducing the proposed penalties and would like to see the first violation's penalty stay as shown and have the fourth violation's penalty language changed to"shall." McGuire: Suggests bringing the topic back when the full Council is in session. Prefers"shall"for the fourth violation. Hedberg: Asked Elliott's opinion of checking the ID of each customer. Elliott: Replied that current ordinance does not have that requirement for checking ID, but it is common. Believes the violation penalties should seek to find a balance to between community desires to keep tobacco away from minors vs. reasonable business procedures. It is desirable to have adequate training for employees, but need to recognize that the business did not make the sale, its employee did. No vote was called on the motion. MOTION BY MCGUIRE, SECOND BY THOMPSON TO DEFER THE TOPIC BACK TO STAFF TO CONSIDER COUNCIL COMMENTS AND BRING BACK FOR FURTHER DISCUSSION. Thompson: Commented that the third violation's penalty was intended to be ten consecutive days. Noted that existing ordinance provided consequences of three steps and this is proposing four, so the new ordinance is more lenient in that respect. Keeney: Commented on a business that lost its license due to numerous violations and it was clear that employees were not appropriately checking IDs. When a business is not trying to comply, it is not the kind of business we want in Prior Lake. Does not support moving it out to a fourth violation. Boyles: Noted that current ordinance allows some selection of dates to allow some flexibility. DRAFT 06 22 15 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye ► ❑ ® ❑ ►� Nay ❑ ►� ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ® ❑ The motion carried. . . .. - - . e •• •• ' Hfi Addition Preliminary Plat " - - • - • ' - - - - - - - • f - . .• : - - - • • - - - - - - - - . . • - ition ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. OTHER BUSINESS I COUNCILMEMBER REPORTS None. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Thompson and seconded by Keeney. The motion carried and the meeting adjourned at 8:05 p.m. Frank Boyles, City Manager DRAFT 06 22 15 City Council Meeting Minutes 6