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HomeMy WebLinkAbout07 13 15 City Council Minutes � PRU 4646 Dakota Street SE Ip N � Prior Lake, MN 55372 � REGULAR CITY COUNCIL MEETING MINUTES July 13, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Thompson, City Manager Boyles, City Attorney Rosow, City Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Public Works Superintendent Theisen, Community and Economic Development Director Rogness, Fire Chief Hartman, Police Chief Elliott, and Administrative Assistant Green. City Manager Boyles advised the audience that items 9A and 9B have been requested for removal from the agenda by the City Attorney due to the number of concerns raised by residents and to assure that appropriate procedures are followed. Stated that the petitioner for item 9B has also requested that it be delayed. Mayor Hedberg noted that the request for change to the agenda came in very late. Efforts were made to communicate with neighborhood contacts and apologies were made for the inconvenience to persons who were in attendance for those two items. Added that substance and procedure must be approached properly to assure the projects are completed in the right way. RECESS Mayor Hedberg recessed the meeting at 7:03 p.m. to allow members of the audience to leave if they chose to do so. RECONVENE The meeting was reconvened at 7:05 p.m. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum. Comments: Curt Hennes, 17286 Sunset Trail, commented on a bog that is drifting across Spring Lake. He wants residents to know who to contact in the event they have problems. Believes the DNR is responsible for addressing the issue. Suggested the bog be towed to the southern shore and attached to the existing wetlands. Tim Kadrlik, 17075 Maple Lane, stated that traffic speed is an issue in the Mushtown Road area and is requesting signage that shows the driver's speed; and if the driver is in excess there is a flashing message that tells them to slow down. He stated that he sought costs for such signage and expressed that he believes no cost is too high to prevent a major accident or loss of life. Keeney: Sought clarification of the type of signage and pricing information. Poppler: Replied that signage similar to that on Crest Avenue is planned. Stated that if staff has relayed the cost of the signage to Kadrlik, what he relates is probably accurate. Noted that changing the planned signage could incur change order costs if the contractor has already ordered signs. McGuire: Asked if addressing the bog on Spring Lake would be in conjunction with the County or the Watershed. 1 Theisen: Commented that a barge and backhoe had to be rented to remove a past bog from the outlet which was an expensive solution. Rosow: Believes the DNR has the primary authority and before the Council takes action to resolve it, the DNR should be contacted and asked how the City might assist. Permitting might be required or submission of plans for action. MOTION BY MCGUIRE, SECOND BY THOMPSON TO DIRECT STAFF TO CONTACT THE DNR AND LEARN WHAT THEIR PROCESS IS AND TO AUTHORIZE THE STAFF TO MOVE FORWARD UNLESS THE COSTS ARE BEYOND THE DELEGATION OF THE CITY MANAGER'S AUTHORITY. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Keeney: Stated that when the Mushtown project approved there was consensus to take speed calming efforts on that road. If staff needs authorization for additional spending he will make such a motion. McGuire: Some limit of spending should be identified. MOTION BY KEENEY, SECOND BY MORTON TO AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $2,000 TO INSTALL THE REQUESTED SIGNAGE FOR THE MUSHTOWN ROAD VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF AGENDA City Manager Boyles reiterated that items 9A Consider Approval of Resolutions Relating to Jeffers Pond: 1) Approving a Comprehensive Land Use Plan Amendment for Outlot D; 2)Approving a Planned Unit Development Amendment for Outlots B, D and D; and 3)Approving a Preliminary Plat for Jeffers Pond 81" Addition; and 9B Consider Approval of a Major PUD Amendment for the Jeffers Pond Planned Unit Development were requested for removal from the agenda. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE AGENDA WITH ITEMS 9A AND 9B REMOVED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ 07 13 15 City Council Meeting Minutes 2 Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE JUNE 22, 2015 MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑ ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑x ❑ Absent ❑ ❑ ❑ ❑ ❑ 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 Resolution 15-111 Authorizing Full and Final Payment to Chard Tiling and Excavating for the Sunset Avenue Improvement Project (City Project #trn13- 000001) C. Consider Approval of Resolution 15-112 Authorizing Full and Final Payment to Pember Companies, Inc. for the Boudin's Neighborhood Improvements, Phase I (City Project #TRN 11-000001) D. Consider Approval of Resolution 15 113 AGGepting Bids and Authorizing the Mayor ancl City Manager to ExeGute the City's Standardized ConStFUGtion GontraGt for GenStruGtion 0 the Poke Lake Dark Trail and Parking Lot E Consider Approval of an Ordinanno rnendinn SeGtien 308 of Drier Lake City ('`nrlo Relating to Tebannn F. Consider Approval of Resolution 15-114 Authorizing Transfer of Excess Property Acquired During the Welcome Avenue Project to the Owner of the Property from which it was Transferred G. Consider Approval of Resolution 15-115 Authorizing the Mayor and City Manager to Enter into a Construction Cooperative Agreement with MnDOT for the 150th Street/ TH 13 Improvement Project H. Consider Approval of Resolution 15-116 Approving the Markley Lake Woods Final Plat and Development Contract Councilor McGuire requested that item 5E be removed for discussion. Councilor Morton requested that item 5D be removed for discussion. Councilor Thompson asked if a reassessment was planned for the Sunset Avenue improvement project. City Manager Boyles: responded that staff is recommending it be referred to the Special Assessment Committee. Rosow: We were asked if there is a way to return any of the assessment since the cost of construction was less than projected. State law allows for the Council to determine that an assessment is excessive and order a reassessment using the same process. 07 13 15 City Council Meeting Minutes 3 MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA EXCEPT 5D AND 5E. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS 6A City Website Update, Redesign and Mobility Mike Peterson, Communications Coordinator, spoke of the process used in the City's website redesign; the growth of website usage and how user access has changed over the last five years. Commented that the mobile website responds to users choosing to use mobile devices such as smartphones to access information. Mayor Hedberg offered his gratitude to Peterson and the Communications/Technology Advisory Committee for bringing these advances to the City's communications. Commented on former Councilor Warren Erickson's contributions to seeking out affordable communication techniques. 6B Mike Peterson Recognition City Manager Boyles related Peterson's accomplishments during his tenure at the City noting that he often created materials for SCALE and covered numerous community events in addition to the responsibilities he completed for the City. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS 8A Consider Approval of a Resolution Amending the Contract for Development of Land as a Planned Unit Development with Prior Lake Leased Housing Associates I, LLLP (Gateway Redevelopment) Community and Economic Development Director Rogness reviewed actions already taken for this project to create a TIF district and comprehensive plan amendment; and presented the information in the July 13, 2015 agenda report on this topic. Noted that it is likely that a bond approval will be brought before the Council at the next meeting for this project. Suggested the motion note the full rescinding of the previous PUD contract approval as this proposed PUD is a complete replacement contract. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-117 AMENDING THE CONTRACT FOR DEVELOPMENT OF LAND AS A PLANNED UNIT DEVELOPMENT WITH PRIOR LAKE LEASED HOUSING ASSOCIATES I, LLLP (GATEWAY REDEVELOPMENT); AND TO RESCIND THE PREVIOUS PLANNED UNIT DEVELOPMENT APPROVED FOR THIS PROJECT. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ 07 13 15 City Council Meeting Minutes 4 Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 813 Consider Approval of a Resolution Approving a Development Agreement with Prior Lake Leased Housing Associates I, LLLP (Gateway Redevelopment) Related to Tax Increment Financing Community and Economic Development Director Rogness presented the July 13, 2015 agenda report on this topic. Noted this is a standard language Tax Increment Financing (TIF) agreement. Construction is planned to begin October 1 with completion projected for 2017. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-118 APPROVING A DEVELOPMENT AGREEMENT WITH PRIOR LAKE LEASED HOUSING ASSOCIATES I, LLLP (GATEWAY REDEVELOPMENT) RELATED TO TAX INCREMENT FINANCING. Keeney: Believes desire was expressed to keep this financing to 15 years and is disappointed that it has expanded to 18 years. Rogness: Replied that the last presentation by staff proposed a 20 year TIF and the final motion was for it to be no longer than 18 years. Council can consider whether they would like to pool this with the Shepherd's Path increment district to get it down to 15 years, which would be undertaken in a separate action. Hedberg: Clarified that this approval is for 18 years with a potential to buy it down to 15 years. Keeney: Asked if the City's obligation is ended at 18 years. Rogness: Yes. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A Consider Approval of Resolutions Relating to jeffers Pond, 1)Approving a Comprehensive Land Use Plan Amendment for Outlot D; 2)Approving a Planned Unit Development Amendment for Outlots R> >D and D; and 3) Approving a Preliminary Plat for jeffers Pond Rtk1 n 913 Consider Approval of a Major PUD Amendment for the jeffers Pond Planned Unit Development ITEMS REMOVED FROM CONSENT AGENDA 5D Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for Construction of the Pike Lake Park Trail and Parking Lot MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-113 ACCEPTING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR CONSTRUCTION OF THE PIKE LAKE PARK TRAIL AND PARKING LOT. 07 13 15 City Council Meeting Minutes 5 Morton: Sought clarification of the grant received and matching funds asking what the amount of the matching funds will be. Gehler: Replied that the City's cash outlay was for the design work. Theisen: Nearly$8,000. Morton: Stated her understanding that there is no additional cash outlay. Gehler: Correct. Keeney: Clarified the area of paving and that the entrance remains the same. Hedberg: Thanked Shakopee Mdewakanton Sioux Community for their help so this park improvement could be made which will make the park much more useful. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 5E Consider Approval of an Ordinance Amending Section 308 of Prior Lake City Code Relating to Tobacco MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE ORDINANCE 115-19 AMENDING SECTION 308 OF THE PRIOR LAKE CITY CODE RELATING TO TOBACCO. McGuire: Noted the first violation is for three days and many neighboring cities have one day. Believes the Code should be more in line with one day noting that the City is often criticized for being non-business friendly. MOTION BY MCGUIRE, SECOND BY HEDBERG TO AMEND THE MOTION TO ALLOW FOR ONE DAY SUSPENSION FOR THE FIRST VIOLATION. Keeney: Stated the goal is to get businesses to comply, not to put them out of business. Believes that reducing the penalty on the first violation may mean the message does not get across to them. Thompson: Pointed out three cities that have a $500 fine and a three day suspension for the first violation. McGuire: Noted that three other cities have only one day. Morton: Agreed with Keeney's comments that the ordinance should have teeth and not be easily ignored. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 ❑ 0 ❑ ❑ Nay ❑ 0 ❑ 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The amendment failed. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE MOTION TO REFER TO A SECOND AND THIRD VIOLATION WITHIN A 36 MONTH PERIOD RATHER THAN 24 MONTHS. 07 13 15 City Council Meeting Minutes 6 Thompson: The proposed ordinance was written to match Lakeville, Burnsville and Savage. The Community Safety Committee discussed it in depth and made this recommendation. Rosow: State law provides for administrative penalties and licenses and refers to a 24 month period. State law identifies the fine, but does not go to the issue of the suspension of the license. Believes City may be bound to 24 months. Hedberg: Noted that Lakeville, Burnsville and Savage all have a four step penalty process. Keeney: Based on City Attorney recommendations,withdrew his motion to amend. Morton: Withdrew the second to the amendment. Keeney: Asked what will happen if a business has not trained clerks to check identification on every transaction. Rosow: Replied that any violation invokes the penalty. Keeney: Asked if it would be one violation or two violations if a business fails a compliance check and the City learns that it is because they did not train clerks to check for identification on every transaction. Rosow: Replied that both violations would be charged if that occurred in the same compliance check. Thompson: Clarified that there might be no under-age selling violation, but there could be a violation for not doing the training. Keeney: Asked if language should be added that failure to have the training would be a violation. Elliott: Commented that a concern expressed is if businesses have the instruction program, but an employee chose not to check identification, the employee would have the penalty and the business owner would not be held liable (civil). Other concerns were whether it should be a violation if a legal transaction was made, but the identification was not checked. Keeney: Wants the language to be clear that all purchases should have identification checks and questioned whether additional training or equipment for age checking should be required by the time there is a third violation. Hedberg: If the ordinance requires all businesses to check all identifications, it levels the playing field rather than having some businesses checking all identifications and other businesses only checking those persons that appear to be under the age of 27. Rosow: Commented on language used regarding training requirements and noted that the primary tool the police have for enforcement is the sale and whether it is made to someone who is under 18. Keeney: Reiterated his desire to have the ordinance require that every transaction have identification checks after the second or third violation. Elliott: Referred to recent events where a business chose to install equipment to assist employees with calculating the age properly. Another business chose to implement a policy to card all customers. Believes it reflects that businesses are trying to comply. Noted that compliance checks were done two weeks ago and there was 100% compliance. McGuire: Noted this is already a stricter ordinance than that adopted by some of our neighboring cities. Keeney: Expressed dangers of tobacco addiction and stated that being business-friendly is not worth that. Hedberg: Believes the proposed ordinance is appropriate. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑ ❑x ❑x ❑ Nay ❑ ❑x ❑ ❑ ❑x Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 07 13 15 City Council Meeting Minutes EXECUTIVE SESSION Mayor Hedberg recessed the regular meeting to executive session at 8:32 p.m. to receive a status report regarding Welcome Avenue special assessment litigation. The meeting reconvened at 9:00 p.m. Mayor Hedberg announced that the Council received the report and provided direction to the City Attorney on the matter. OTHER BUSINESS 1 COUNCILMEMBER REPORTS Keeney:Asked that the City Council join him in directing the staff to reseach how the City can control the proliferation of illegal structures like decks or sheds in setbacks. He would like to see the City Code shift the burden of proof to the property owner to show that they did receive the necessary approvals prior to building the structure. Right now, the property owner argues that the structure predates the ordinance requirements and the structure stays since the city cannot prove otherwise. MOTION BY KEENEY, SECOND BY MORTON TO DIRECT THE STAFF TO ASSESS WHAT CHANGES CAN BE MADE TO THE CITY CODE TO SHIFT THE BURDEN OF PROOF TO THE PROPERTY OWNER TO PROVE THAT STRUCTURES BUILD ON THE PROPERTY ARE LEGAL AND REPORT BACK TO THE CITY COUNCIL WITH FINDINGS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Stated that her work schedule did not allow her to attend the Prior Lake Spring Lake Watershed District meetings. Mayor Hedberg responded that he would assume the role of Council liaison for them. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Morton and seconded by McGuire. The motion carried and the meeting adjourned at 9:04 p.m. Frank Boyles, City Manager 07 13 15 City Council Meeting Minutes g