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HomeMy WebLinkAbout08 24 15 Draft Council Minutes i. 01 11111% u 4646 Dakota Street SE Prior Lake, MN 55372 'f'N"rrs°t`' REGULAR CITY COUNCIL MEETING MINUTES August 24, 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 Johnson, City Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Director Rogness, Finance Director Uram, Fire Chief Hartman, Police Chief Elliott, and Administrative Assistant Green. Mayor Hedberg announced that the work session regarding discussion of the 2016 budget would be continued in the Parkview Community Room after the close of the City Council meeting. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum and explained that items subject to public hearing are not eligible for discussion on the public forum. Comments: Lloyd Erbaugh, 17291 Marshfield Lane, commented on the attributes of the City including parks, schools, residents, etc. Questioned whether citizens think about services provided by the City and what they are will- ing to pay for them. Encouraged people to speak up about the changes they want and their willingness to support those changes. Expressed his opinion that the local newspaper is hostile to actions of the city. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA. MOTION BY HEDBERG, SECOND BY MCGUIRE TO ADD A NEW BUSINESS ITEM TO THE AGENDA RE- GARDING DEVELOPMENTS AT EAGLE CREEK. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® © ❑x ❑x Nay ❑ ❑ ❑ 0 0 Abstain ❑ ❑ ❑ 0 0 Absent ❑ ❑ ❑ ❑ 0 The motion to approve the amendment carried. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ❑xIZI Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ 0 0 Absent ❑ ❑ ❑ ❑ ❑ The motion to approve the agenda as modified carried. 1 APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE MINUTES OF THE AUGUST 10, 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. Councilor Morton requested that item 5P, Consider Approval of a Resolution Extending Statutory Time Limit for Consideration of the Jeffers Pond PUD Amendment, be removed from the Consent Agenda for discus- sion. A. Consider Approval of Claims Listing B. Consider Approval of the July 2015 Treasurers 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 G. Consider Approval of Resolution 15-133 Authorizing the Mayor and City Manager to Execute Amendments to the Water Tower Antenna Agreement with Sprint Spectrum Realty Company, L.P. for the Tower Street Water Tower Property; and Resolution 15-134 Authorizing the Mayor and City Manager to Execute an Amendment to the Water Tower Antenna Agreement with Sprint Spectrum Realty Company, L.P. for the Cedarwood Street Water Tower Property. H. Consider Approval of Resolution 15-135 Authorizing a Special Deer Hunt within the Corporate Limits of the City of Prior Lake I. Consider Approval of Resolution 15-136 Accepting the Improvements for the Godson's Way Devel- opment J. Consider Approval of Resolution 15-137 Ordering the Preparation of a Feasibility Report for the 2016 Improvement Project K. Consider Approval of Resolution 15-138 Authorizing the Mayor and City Manager to Execute a Land Surveyors Certificate of Correction to Plat L. Consider Approval of Resolution 15-139 Designating Investment and Banking Authority on Behalf of the City of Prior Lake M. Consider Approval of Resolution 15-140 Approving Metro Baseball League Premise Permit for Law- ful Gambling N. Consider Approval of Resolution 15-141 Authorizing the Mayor and City Manager to Enter into the City's Standardized Professional Services Agreement for the Markley Lake Trail Project 0. Consider Approval Resolution 15-142 Approving the Jeffers Pond 8th Addition Final Plat and Devel- opment Contract P. Consider Approval of a Resolution Extending Statutory Time Limit for Consideration of the Jeffers Pond PUD Amendment DRAFT 08 24 15 City Council Meeting Minutes 2 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA WITH ITEM 5P REMOVED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ZI Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS No old business was scheduled. NEW BUSINESS 9A Consider Approval of a Resolution Authorizing a Pension Increase for Prior Lake Fire Department Fire Relief and Pension Organization City Manager Boyles presented the report on this topic dated August 24, 2015. Explained the pension plan, its funding and firefighter vesting in the plan. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-143 AUTHORIZING A PENSION INCREASE FOR THE PRIOR LAKE FIRE DEPARTMENT FIREFIGHTERS RELIEF AND PEN- SION ASSOCIATION. Hedberg: Stated that he and the City Manager sit on the firefighter pension board and have been involved in the discussions leading to this pension increase request. Supports this recommendation. Noted that a key challenge for the Fire Department is to attract and retain firefighters who are passionate about their commu- nity and their job. Stated that an on-call firefighting force operates at about one-third of the cost of a paid fire department. Keeney: Supports the amount proposed. Noted that the City has subsidized the funding in previous years and suggested budgeting for a higher annual city contribution amount. Hedberg: Responded that the City subsidized for four years during the recession. Noted that at$20,000 an- nually, Prior Lake contributes less than most cities from its General Fund. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. DRAFT 08 24 15 City Council Meeting Minutes 3 9B Direct Staff to Prepare Report for Residents of Eagle Creek Estates Community and Economic Director Rogness stated the developer applied for a planned unit develop- ment for part of the commercial area which was recommended for approval by the Council from the Plan- ning Commission. Then the developer did not bring it before Council and subsequently withdrew the appli- cation. Therefore, unless another planned unit development application is made in the future, development would proceed under the regulations that apply to the C-2 zoning district. MOTION BY HEDBERG, SECOND BY MCGUIRE TO DIRECT STAFF TO PREPARE A WRITTEN RE- PORT TO SEND TO RESIDENTS OF EAGLE CREEK ESTATES UPDATING THEM ON THE STATUS OF THE PUD APPLICATION WITHDRAWAL AND ITS IMPLICATIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5P Consider Approval of Resolution 15-144 Extending Statutory Time Limit for Consideration of the Jeffers Pond PUD Amendment Community and Economic Director Rogness explained that this relates to the proposed SuperAmerica in the Jeffer's Pond PUD area. Council requested the applicant prepare additional information including an updated traffic study, a phasing plan, and design criteria for the future development. The applicant has brought forward an extension of the 120-day review period to October 31, 2015. Hedberg: Recalled that a fourth condition regarding an interior roadway was also requested. Rogness: Responded that it is included with the traffic study. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-144 FOR AN EX- TENSION OF THE 120-DAY REVIEW PERIOD FOR AN AMENDMENT TO THE JEFFERS POND PRE- LIMINARY PLANNED UNIT DEVELOPMENT TO ALLOW A MOTOR FUEL STATION AND CAR WASH. Morton: Noted that there has been a lot of negative homeowner response from Jeffers Pond and asked for a broader discussion of the extension. Keeney: Added that many residents indicated the request should be denied now. Believes it would be disin- genuous to not support the extension since the Council asked for the information. Morton: One of the big points is safety and she believes that there is not enough information to weigh that and determine if this is good for the community or not. McGuire: Agreed the Council asked the developer for information and it would be inappropriate to deny the extension. Thompson: Questioned whether the developer could save money by not doing the study if the application is going to be denied. Keeney: The original traffic study did show that the roadway would support the traffic. Results from this ad- ditional study may make it clear to the developer whether additional improvements would have to be made to DRAFT 08 24 15 City Council Meeting Minutes 4 their plan. Expressed hope that the study may provide clear answers and mitigate strong concerns ex- pressed by residents. It will improve the quality of the development if we move forward with the study. Hedberg: Added there have been many discussions about what type of development will occur. The idea has always been for mixed use for residential and commercial. The developer is talking about a 2015 version of the original plan. Mixed use neighborhoods are being built now and that is what is being proposed by the developer. Conditions the Council is asking the developer to comply with will help provide assurances that it will be something that will fit the community and have a walkable village feel. Thompson: Stated she has spoken to many residents of Jeffers Pond and their issue is that a gas station will not fit into their community. Johnson: Emphasized that the actual extension is 43 days to the end of October 31, 2015, and the traffic study and meetings would have to occur quite soon to meet those deadlines. Queried about the signatures on the forms to assure it was executed by the appropriate party. Keeney: Clarified that the additional architectural requirements will be reported on also. Rogness: Affirmed. VOTE Hedberg Keeney McGuire Morton Thompson Aye ® ® ® ® ►� Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 ❑ ❑ Absent ❑ ❑ ❑ 0 0 The motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Keeney: Commented on the letter received by the City Council from the Metropolitan Council stating the City may want to respond. Requested the topics addressed in the letter be considered when the City Council con- siders its response to the Shakopee Mdewakanton Sioux Community (SMSC)fee-to-trust application. Sug- gested the City may want to suggest to the Metropolitan Council that they also respond to the fee-to-trust ap- plication. Morton: Asked if the Metropolitan Council is a notified party. Johnson: Replied that they have commented on fee-to-trust applications in the past. Keeney: Believes the Metropolitan Council is putting the responsibility on the City, but they have the overrid- ing jurisdiction. They should provide a response,join on the City's response or have consideration for the City's issues. McGuire: Stated the letter received from the Metropolitan Council should be made public. Hedberg: Read the letter(attached to the minutes). Agreed there are unique circumstances with SMSC land and our planning with the Metropolitan Council should take that into consideration. Noted that it was stated in the public hearing on the capital improvement program that the potential for fines and penalties is an idle threat, but the Metropolitan Council did not say fines are not an option. The Metropolitan Council has said clearly they will work with us. The public needs to understand that the City has obligations to support pro- jected growth. There are some people in the community who just want growth to stop, but that would cost a lot of money. Morton: Commented there seems to be is a misperception by the Metropolitan Council that the City Council made decisions in a vacuum, when in fact we worked hard with the SMSC. From a legal standpoint, putting the infrastructure on their land was not good for the community as a whole. Keeney: Staff kept communication open and negotiations are ongoing. No plans have been made contrary to the comprehensive plan that is in in place. There are difficulties and some of them are beyond our control to fix. If landowners do not want to sell and develop, the City cannot make them do so. DRAFT 08 24 15 City Council Meeting Minutes 5 MOTION BY KEENEY, SECOND BY MORTON TO DIRECT STAFF TO PREPARE A REPORT REGARD- ING A RESPONSE TO THE METROPOLITAN COUNCIL FOR THE SEPTEMBER 28 WORK SESSION UN- LESS EVENTS OCCUR THAT REQUIRE IT TO BE DONE EARLIER. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and seconded by Thompson to adjourn and go in to a work session. The motion carried and the meeting adjourned at 7:53 p.m. Frank Boyles, City Manager DRAFT 08 24 15 City Council Meeting Minutes 6 August 24,2015 Mayor Ken Hedberg City of Prior Lake 4646 Dakota Street SE Prior Lake,Minnesota 55372 Via Electronic Delivery Dear Mayor Hedberg, It has come to my attention that after recent discussions between the Metropolitan Council(Council) and the City of Prior Lake(City),there remains some confusion about the path forward regarding the City's previously planned annexation of Spring Lake Township. I'm writing today to clarify what can happen if the City were to depart from its comprehensive plan and fail to support forecasted growth. Let me reiterate on behalf of Council staff, Council Member Barber and myself,we appreciate the City keeping the Council apprised of the situation. It appears that the City continues to seek ways to implement its comprehensive plan in a manner that is consistent with the Council's metropolitan system plan for sewered development. I am committed to continuing to work closely with you to resolve the situation positively for the City and the Council. At the direction of the Legislature,the Council plans for and operates the regional wastewater treatment system, a system that is both efficient and cost-effective. By making costly infrastructure investments only in areas of planned growth and by creating efficiencies of scale through a regional wastewater treatment system,the Council offers communities and residents wastewater rates that are 40 percent below the national average. For communities like Prior Lake,this means we extend sewer service to areas where we project growth and we ask these communities to implement comprehensive plans that support that growth and utilize regional sewer infrastructure efficiently through appropriate development. Our mandate from the legislature compels the Council to be as efficient as possible when we build regional infrastructure such as sewers.We work to construct the right capacity, in the right location, at the right time to stay ahead of development demands. In order to do so,we depend on communities to effectively implement their comprehensive plans. Inefficiencies and underutilization of sewer capacity result in additional and unnecessary costs to ratepayers across the region,which is why the Council works so closely with communities like Prior Lake to accomplish planned-for development. Based on conversations between City and Council staff, I understand the situation to be as follows: In 2003,the City of Prior Lake revised an annexation agreement that originated in the 1970s relating to Spring Lake Township.The City had planned to extend sewer and water service down Stemmer Ridge Road to serve both homeowners already in the township and additional _. 'I,ll,i1lti'H'I�I I II•,1,1:;:; .. : IL) , zg,p %11%.1 F C, "f 7 1 I I 7-'1051'662ION. f ( I m t cc:,rcMETROPOLITAN �I i'IIIIc C u N C I I. .,111111' DRAFT 08 24 15 City Council Meeting Minutes 7 residents expected with future development.The City began working towards the eventual annexation with public infrastructure improvements, including improvements that were in the City's Capital Improvement Plan for 2014-15.In the interim,the Shakopee Mdewakanton Sioux Community(SMSC) purchased the property over which the road, sewer,and water expansion would be located and moved toward putting that property in trust. In 2015, City staff negotiated an agreement with the SMSC through which the SMSC would provide the right of way,design and build the road,sewer,and water and maintain the road to the annexation area in perpetuity in exchange for the City's support of the SMSC's application to put the land in trust. However,the Prior Lake City Council subsequently directed City staff to take no action on the agreement.Additional attempts by City staff to pursue alternatives with the SMSC have also been rejected by the City Council. To date,the City has not submitted a comprehensive plan amendment to the Council. Under its approved 2030 Comprehensive Plan,the City has an obligation to continue to work towards development that will fully utilize the sewer capacity that will accommodate the planned-for future growth the City expects. This growth is currently planned to be accommodated largely in the annexed portions of the township.The City may have development options other than the annexed portions of the township that would accommodate the projected growth. I've directed our staff to continue to be a resource to the City as it explores these options. The City's next comprehensive plan update is not due to the Council until the end of 2018. If the City continues to work in good faith towards utilizing the regional sewer infrastructure to its full capacity and accommodating growth consistent with the Metropolitan Council's metropolitan system plan for wastewater service,the Council may not need to take action between now and its review of the City's 2040 comprehensive plan. If the City Council decides to not accommodate additional growth that would more fully utilize the sewer capacity,the City would need to amend its 2030 comprehensive plan(and submit that amendment to the Council for review)or submit its 2040 comprehensive plan update with information reflective of that decision. I sincerely hope the City does not decide that it will not accommodate additional planned-for growth. Doing so would require the Council to determine whether the City's plan represents a departure from the Council's metropolitan system plan and to possibly require that the City modify its plan in order to conform to the metropolitan system plan for sewered development. The City's comprehensive plan for supporting sewered development acknowledges that the Council will uphold its commitment to the City to provide wastewater service and the City will do its part to support development where regional investments have been made as laid out in the Council's metropolitan system plan. Under Minnesota Statutes section 473.175,the Council can require cities to modify comprehensive plans that contain a substantial departure from metropolitan systems plans.That statutory authority was confirmed in 2004 by the Minnesota Supreme Court in the City of Lake Elmo v. Metropolitan Council matter. We were asked whether the Council could or would levy fines on the City of Prior Lake if the City refused to modify its plan to conform to the Council's metropolitan system plan.In the most extreme example to date,the City of Lake Elmo contested the Council's decision to require a comprehensive plan modification.After the Council prevailed in that matter,the Council and City of Lake Elmo entered into a Memorandum of Understanding(MOU)in order to implement the Minnesota Supreme Court's Page-2 j August 24,2015 I M rRO=cirAN CDUNC DRAFT 08 24 15 City Council Meeting Minutes 8 decision.According to the terms of that MOU,the City was subject to fines to cover the costs of unused sewer capacity if it failed to meet agreed upon sewered development targets consistent with the metropolitan system plan and forecasted growth for the City of Lake Elmo. We hope the City of Prior Lake will consider all options available to meet its commitments for planned growth and sewer capacity utilization and that this matter can be resolved through the regular planning process. Please do not hesitate to contact me or Council Member Deb Barber if you have additional concerns. LisaBeth Barajas and Angela Torres in our Local Planning Assistance unit will continue to be available to provide assistance and guidance to the City until we resolve this matter.They can be reached at 651-602-1895 and 651-602-1566 respectively. Sincerely, 0-1 Adam Duininck Chair CC: Prior Lake City Council Member Richard Keeney Prior Lake City Council Member Mike McGuire Prior Lake City Council Member Monique Morton Prior Lake City Council Member Annette Thompson Prior Lake City Manager Frank Boyles Metropolitan Council Member Deb Barber Page-3 I August 24 2C15 I M=TRO'OLilAN COUNCIL DRAFT 08 24 15 City Council Meeting Minutes 9