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HomeMy WebLinkAbout10 26 15 Draft Minutes 0 YR1041 ti v 4646 Dakota Street SE Prior Lake,MN 55372 44NNEsocP REGULAR CITY COUNCIL MEETING MINUTES October 26, 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, Police Chief Elliott, Planner Matzke, Community Development Specialist McCabe and Executive Assistant Schroeder. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum and explained that items sched- uled for public hearing are not eligible for discussion on the public forum. Comments: Dave Edquist, Holiday Station Stores 4567 American Blvd W. Bloomington, stated he voices his support for item 8A for the Duluth Avenue Intersection. Edquist thanked the staff for their time and effort to relook at the design. This is a top 5 store out of 500 and he really appreciates the Edquist just wanted to let the council know he was here. Stated he would be around if he can an- swer any questions. Mayor Hedberg thanked Mr. Edquist and asked him to stay around if any questions. Dave Chromy, Lunds and Byerly's 16731 Hwy 13 S. Prior Lake, stated he is here to express concerns for the proposed TH 13/Duluth Intersection plan with the road alignments and medians. He opposes this project. He feels it hinders their growth, inconvenience to the customers and re- stricts their ability to compete with future competition moving in the area. He appreciates the ef- forts taking place but feels it undertakes the needs of Lunds and Byerly's and the Southlake Vil- lage Mall. Commented that the report shows it is a service level A but he disagrees. Stated there is a lot of traffic especially during 3:00 pm to 6:00 pm. Asked that the council take a look at this to come up with a more workable solution for Lunds and Byerly's, Southlake Village Mall and some other tenants. Chromy stated he is available for questions as well. Hedberg: Thank you Mr. Chromy. Hedberg summarized Chromy's disputes. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE AGENDA AS PRE- SENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye D D D Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE OC- TOBER 12, 2015 MEETING AS PRESENTED. 1 VOTE Hedberg Keeney McGuire Morton Thompson Aye x❑ IX ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda requesting that item 51 be re- moved for additional work. A. Consider Approval of Claims Listing B. Consider Approval of the 2015 September Treasurer Agenda 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 a Resolution 15-169 Accepting Donations and Grants to the City during the Third Quarter of 2015 H. Consider Approval of a Resolution 15-170 Approving a Temporary Liquor License for the Prior Lake VFW I. -- •• ' -- - - - - - - •-• ' -- - - -- - - - _ •-• - - - • • • J. -- • ' -- e - - - e - - ' -- e - -• A _ __.._. - - - - - - - -- - • - __-• A - --••-- _- --- -- .A • _ -e •-_ - - A -- - - --e '- - -Lakc K. -- •• A -- e _ - - r -- - - • e ee - .- . - ••-- - • Thompson: Requested that item 5K be removed. Kenney: Requested 5J to be removed. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE OVERALL CONSENT AGENDA WITH ITEMS 51, 5J AND 5K REMOVED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain Li ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Requested to deviate from standard routine to discuss 5K now since members of the public are present for this specifically so they don't have to sit here for a couple of hours. Hedberg: Stated good point why don't you make a motion. MOTION BY MORTON, SECOND BY KEENEY TO ADDRESS 5K BEFORE ITEM 7A. 10 26 15 City Council Meeting Minutes 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye x❑ ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 5K Consider Approval of a Resolution Adopting the Assessment Roll for the Maple Lane, Mushtown Road, Panama Avenue Improvement Project City Engineer/Inspections Director Poppler reviewed the report on this topic dated October 26, 2015. Hedberg: Did you incorporate those individuals who wanted the hook up charged rolled into the assess- ment? Poppler: Correct there were 7 individuals interested in that option and that was included into the assessment roll as well. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE A RESOLUTION 15-164 ADOPTING THE ASSESSMENT ROLL FOR THE MAPLE LANE, MUSHTOWN ROAD, PANAMA AVENUE IMPROVEMENT PROJECT Thompson: Stated city staff and assessment committee have done a lot of work to get this as- sessment done and to get it to where it is. She still had concerns about the value of homes on the street; 13 homes in the assessment area would have total special assessments which are from 9.4% to 12.6% of the value of their home. Commented that it is a huge number and a burden to these people. She crunched some numbers and with the 26 units that are on the road if we could come up with $71,864 that would bring the assessment for the Mushtown Road down to $19,500 per property. She questioned where the city could find $71,000 which would have a huge impact on this road. Morton: Questioned Thompson saying the $71,000 is applied to the 26 homes and not the project as a whole. Morton questioned what do we say to those property owners? Thompson: Stated their assessments are significantly lower. Morton: Commented they are around $12,000 Thompson: Asked fellow councilors if they can support her on this. VOTE Hedberg Keeney McGuire Morton Thompson Aye (] ❑x ❑x ❑x ❑ Nay ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. RECESS Mayor Hedberg declared a recess at 7:19 p.m. to allow people to leave. RECONVENE Mayor Hedberg reconvened the meeting at 7:19 p.m. 10 26 15 City Council Meeting Minutes 3 PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS 7A Special Assessment Public Hearing for the Grainwood, Eau Claire, Highland, Marsh, Skyline Street Collectively known as the 2015 Street Improvement Project (City Project #TRN-15-000004) and Consider Approval of a Resolution Adopting the Assessment Roll for the Project Public Works and Natural Resources Director Gehler reviewed the report on this topic dated October 26, 2015. Hedberg: Questioned if we extending the option of allowing the option to roll hookup costs into their assess- ments. Gehler: Responded that this is an established neighborhood so connections are already made. The city re- placed connections to the right-of-way line because those are typically the city's responsibility. Kenney: Stated there are two properties on Highland Ave, that aren't showing up on the assessment. Ques- tioned why those aren't the included. Gehler: Responded that this portion of Highland was reconstructed with CR 21 so outside of bringing a sewer connection through their front yard there was no street work done in front of their home. Keeney: Asked if they were already assessed on the previous project. Gehler: Stated correct. Hedberg: Asked the City Attorney to give a brief overview of the appeals process. Johnson: Stated in order to perfect an objection and to appeal an order to go to court there are two require- ments. Number one, an objection is filed in writing identifying the property, signed, and given to the Mayor before the end of the public hearing. Then within 30 days an appeal filed with the court is required. There are also assessment deferral options for those 65 years of age and older, permanent disability, people called into active service with a financial hardship requirement. MOTION BY KEENEY, SECOND BY MCGUIRE TO OPEN PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ ❑ 0 ❑ 0 Abstain ❑ 0 ❑ 0 ❑ Absent 0 0 ❑ ❑ ❑ The motion carried and the public hearing opened at 7:27 p.m. Comments: Hedberg: Asked for Ms. Cermak's address for the record. Maria Cermak: 4531St E Gaylord MN. Commented there is a lot going on with your community from Shakopee to the tribe. Stated go to Scott County historical maps and look at address 15101 Columbia Ave NW in Prior Lake. Continued on saying to look what happened to that land and it could happen to your land. Hedberg: Stated it would have been more appropriate to make those comments during the Public Forum. Thanked her for coming. Keeney: Stated the costs to reconstruct this stuff in this neighborhood are different than others because this is not the first connection for these homes. It is a reconstruction and those funds come out of our water and 10 26 15 City Council Meeting Minutes 4 sewer bills. It is not directly assessed to our home owners also there are homes on both sides of the street making it less expensive to each home. He just wanted to remind people that it is different situations com- pared to the last project we discussed. Hedberg: Pointed out that the lower street assessments are on the lower circle on the Grainwood Cir- cle/Eau Claire because it is one of the denser populated streets in the city. MOTION BY MCGUIRE, SECOND BY MORTON TO CLOSE THE PUBIC HEARING AND AP- PROVE RESOLUTION 15-172 ADOPTING THE ASSESSMENT ROLL FOR THE PROJECT VOTE ON Hedberg Keeney McGuire Morton Thompson ORIGINAL MOTION Aye El El El Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ 0 0 0 0 The motion carried and the public hearing closed at 7:34 p.m. 7B Public Hearing to consider Approval of a Resolution Amending Resolution on Conduit Bond Proposal for a Multifamily Housing Development Project (Prior Lake Senior Apart- ments Project) Community and Economic Development Director Rogness: reviewed the report on this topic dated Octo- ber 26, 2015. Stated that he wanted to remind everyone that on May 11th of this year you did approve a reso- lution providing preliminary approval to the issue of tax exempt bonds for this project in the amount of 21 mil- lion dollars and the project was sized at 170 units. Before you tonight is an amendment to that resolution. The amendment would increase the bond amount from 21 to 28 million and change the unit status from 170 to 168. Introduced Trudy Halla, Attorney with Briggs and Morgan she is here to provide the legal background. Frank Hogan is a Senior Vice President with Doughtery and Company. Terry Sween is representing Domin- ium who has status of the project. Hedberg: Stated he has two questions. Describe conduit bond and why the request went from 21 million to 28 million. Trudy Halla: Commented that there is a direct statute Chapter 462C of Minnesota Statues. The statute is very clear that the city has no responsibility of repayment of the bonds. It looks only to the developer or bor- rower for repayment of the debt. They are strictly for third party borrowers. Keeney: Stated in the event a borrower defaults on other obligations perhaps real estate taxes then asked if there is any priority created where the bonds would have priority over payments made to government entities. Halla: Replied no strictly separate. Non-payment on real estate taxes would cause an event of default in the conduit bond as well but there is no priority. Keeney: Asked if terms of foreclosure or real estate process would still have priority over the conduit bond. Halla: Responded that she is not a foreclosure lawyer but they are totally separate one is a loan and the other is a foreclosure law. Keeney: Questioned again that they can't change anything from the normal process. Halla: Replied no special deal for conduit bonds and follows the lending law. Keeney: Asked that they if they can't make payments and can't pay taxes what happens. Halla: Stated the bond holder would foreclose and try to sell the property. Keeney: Asked if the county/city would still get their tax payment at that point. 10 26 15 City Council Meeting Minutes 5 Halla: That is right. Johnson: Questioned if these bonds count towards bond limit. Halla: Replied no. Also stated if you are issuing a debt for yourself you can designate no more than 10 million in a year that is strictly for you or another non-profit you designate. This does not count against that at all or any other limits. Again because you are not responsible to repay it. Morton: Asked if this is related to TIF or should she ask at a later time. Halla: Stated this is unrelated to TIF. Morton: Questioned that this would not increase the TIF and no requests to increase the TIF district would be coming down the road. Halla: Replied that is correct. Hedberg: Explain why the conduit bond amount is increasing. Frank Hogan: Stated after we were here in May, Dominium went out and bid construction costs and as part of that process costs were modest. During that time final construction costs were being determined. A fairly new finance structure was presented to Dominium. It provides a lower cost of permanent financing and ulti- mately will provide a more effective cost structure. That financing structure is a permanent tax exempt loan that will be purchased by Freddie Mac. Freddie Mac will purchase the permanent loan but won't provide con- struction financing. The construction loan will be a tax exempt loan and that is the primary reason for the in- crease. In May we were considering a taxable construction loan. About seven million was due in part of the allocation requests and constructions costs are up. It's a movement away from a taxable construction loan to a taxable exempt loan. Hedberg: Questioned that the 28 million conduit bond will be construction plus permanent financing. Later on 21 million will be retired and replaced with Freddie Mac permanent. Hogan: Replied it won't be retired it will be converted to permanent tax exempt financing. It is really a back to back structure. Once the project is built, occupied, stabilized at that time Freddie Mac will assume the loan. Keeney: Asked if the bond stays outstanding. Hogan: Replied that the bonds will stay outstanding. The construction piece will be retired at the end of con- struction at about seven million dollars. Permanent piece will be roughly 21 million dollars. McGuire: Questioned if the Freddie Mac bonds are interest free. Hogan: No, they are tax exempt. Keeney: Stated he is still not understanding. Asked if they are borrowing the money twice. Hogan: Replied no it is one loan. Freddie Mac will not buy a construction loan. They will assume a portion at closing. The balance will be paid with tax 28 million dollar loan will be originated at closing which will provide for construction, acquisition, and equipment. Once it is built and stabilized, Freddie Mac will assume the per- manent portion. The balance of the loan will be paid with tax credit equity which comes in after the project construction is complete. Keeney: Asked where the 21 million dollar in bonds that is still outstanding goes. Hogan: Replied that it gets repaid over next 17 years. Keeney: Questioned where the 21 million from Freddie Mac goes and where the 21 million from the bonds goes. Hogan: Answered that it starts with the 28 million total from construction lender, once the unit is built Freddie Mac assumes 21 million of the 28 million dollar loan and the seven million is paid off. Halla: Commented that Freddie Mac pays off construction loan and now borrower owes Freddie Mac; the construction loan difference is paid off. McGuire: Stated that they will convert the remaining construction loan into the permanent loan. Keeney: Asked if the construction loan is the bonds. Morton: Asked what part is the conduit bond in all of this is. Keeney: Questioned when you say construction bond you mean the money. 10 26 15 City Council Meeting Minutes 6 Halla: The money will be drawn down during the next 18 months to pay for the construction costs. Keeney: Questioned at that point there is no more conduit. Halla: No it is still there. Hogan: Freddie Mac is getting a tax exempt loan. So the conduit bonds will be outstanding owned by Freddie Mac. Halla: Bank A buys the bonds and takes the construction risk. If it is built how it is supposed to be Freddie Mac will buy Bank A interest. Morton: Confirmed that bond and loan is the same thing. Halla: Confirmed yes. Hedberg: Asked when the project will begin generating increase in taxes. Rogness: Responded that they are asking the county assessor to find out if there will be any increments for 2017 which will be determined on January 2, 2016. They are behind schedule so looks like the first increment will be in 2018 based on their current schedule. That doesn't change the 18 year approval period. Hedberg: Commented that we approved the TIF to be in 18 year and also explored and left open the option to apply access to those funds. Rogness: Yes Halla: This project has to close at the end of this year 2016. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye IX El I:EI Eg El Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ 0 0 0 0 Absent ❑ ❑ 0 ❑ ❑ The motion carried and the public hearing opened at 7:53 p.m. Comments: Morton: Commented that this is a preliminary approval. Then questioned if we do a preliminary approval they will move forward with their business correct. Rogness: Replied that you're approving the plan up to that 28 million. Hedberg: Questioned when this will come back before the council. Terry Sween: Answered early December. MOTION BY MORTON, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AND APPROVE RESOLUTION 15-175 ON CONDUIT BOND PROPOSAL FOR A MULTIFAMILY HOUSING DE- VELOPMENT PROJECT (PRIOR LAKE SENIOR APARTMENTS PROJECT) VOTE ON Hedberg Keeney McGuire Morton Thompson ORIGINAL MOTION Aye M El El El El Nay ❑ ❑ 0 0 0 Abstain ❑ 0 0 ❑ 0 Absent ❑ 0 0 0 0 The motion carried and the public hearing closed at 7:56 p.m. 10 26 15 City Council Meeting Minutes 7 7C Public Hearing to consider Approval of a Resolution Approving the Vacation of a Public Easement at 16720 Welcome Avenue Planner Matzke: reviewed the report on this topic dated October 26, 2015. MOTION BY MCGUIRE, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay ❑ 0 ❑ ❑ 0 Abstain ❑ 0 0 0 0 Absent ❑ 0 0 ❑ ❑ The motion carried and the public hearing opened at 7:59 p.m. Comments: No member of the public stepped forward to speak about this public hearing. MOTION BY MORTON, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AND APPROVE RESOLUTION 15-174 RESOLUTION APPROVING THE VACATION OF A PUBLIC EASEMENT AT 16720 WELCOME AVENUE VOTE ON Hedberg Keeney McGuire Morton Thompson ORIGINAL MOTION Aye Nay 0 0 ❑ 0 0 Abstain ❑ 0 ❑ 0 0 Absent ❑ 0 ❑ ❑ ❑ The motion carried and the public hearing closed at 8:01 p.m. 7D Public Hearing to consider Approval of a Resolution Reassessing Real Property for the Welcome Avenue Industrial Park Improvements Public Works and Natural Resources Director Gehler reviewed the report on this topic dated October 26, 2015. Morton: Asked if the appeal comes back in our favor what would be the course of action since we are taking this adoption now to maintain compliance with the court order. Gehler: Responded that she'll let the City Attorney answer that question. Johnson: Answered we would go through the same process again. Morton: Asked if those dollars would be applicable in 2017. Johnson: Replied yes that is correct. MOTION BY MORTON, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye Nay 0 ❑ 0 ❑ 0 Abstain ❑ ❑ ❑ 0 ❑ 10 26 15 City Council Meeting Minutes 8 Absent El ❑ ❑ ❑ ❑ The motion carried and the public hearing opened at 8:05 p.m. Comments: No member of the public stepped forward to speak about this public hearing. MOTION BY THOMPSON, SECOND BY KEENEY TO CLOSE THE PUBLIC HEARING AND APPROVE RESOLUTION 15-175 REASSESSING REAL PROPERTY FOR THE WELCOME AVENUE INDUS- TRIAL PARK IMPROVEMENTS VOTE ON Hedberg Keeney McGuire Morton Thompson ORIGINAL MOTION Aye Nay ❑ 0 ❑ 0 0 Abstain 0 0 ❑ 0 ❑ Absent ❑ ❑ 0 0 ❑ The motion carried and the public hearing closed at 8:06 p.m. OLD BUSINESS 8A Consider Approval of a Resolution Authorizing the Acquisition of certain Easements by Negotiation or Eminent Domain Proceeding for the TH 13 Duluth Avenue Intersection Im- provements Project. City Engineer/Inspections Director Poppler reviewed the report on this topic dated October 26, 2015 along with the consultant for this project Shawn Delmore with WSB and Associates. MOTION BY MORTON, SECOND BY THOMPSON CONSIDER APPROVAL OF A RESOLUTION AU- THORIZING THE ACQUISITION OF CERTAIN EASEMENTS BY NEGOTIATION OR EMINENT DOMAIN PROCEEDING FOR THE TH 13 DULUTH AVENUE INTERSECTION IMPROVE- MENTS PROJECT McGuire: Asked what is the additional cost associated with moving the access. Poppler: Replied this is actually a reduction in cost. The access is moving to the south and the median is cut back. McGuire: Stated if we accommodate with the new median, the second median should be closed off. Asked Poppler if they thought of a three-way stop at this point. Poppler: Replied yes but with that three way stop control there were other traffic issues. Asked Delmore to elaborate. Shawn Delmore: Commented in July they counted the traffic that was out there and looked at dif- ferent scenarios to reduce the delay. Option A is the best to reduce the number of backups. We looked at existing conditions and in 20 years. Basically by having a left turn and a right turn it is the best option. McGuire: Asked Delmore if they looked at the three way stop option. Delmore: Answered that they did. Basically that option does not negatively affects the level of service but it would create a delay of those traveling that road. Morton: Commented that she fails to understand how a right hand lane does anything. If anything it is a simple three way stop. Delmore: Stated when you look at the levels of traffic you only look at the peak hours. So the concern that we see is you are not able to make that left turn during that peak hour. . 10 26 15 City Council Meeting Minutes 9 Keeney: Asked Poppler if the Village Lake drive project could be done later. Poppler: Answered yes but standalone project would cost higher. Hedberg: Questioned Poppler if staff talked with the merchants at the mall and Lunds and Byerly's to gather their opinion. Poppler: Replied yes. Several ideas were discussed. Work on Highway 13 isn't going to happen because of MNDOT. McGuire: Stated he knows we need to do something but I have a problem with a major player be- cause it closes off Lunds main access. Three way stop or a roundabout at Village Lake seems to be the best option. Keeney: Commented that because they need to do the two lefts people will change their driving behavior. Stated we are fixing a traffic pattern that is already illegal. He'd be ok with a delay until 2020. Hedberg: Stated he thinks the design of the overall area does simple not allow access to the Vil- lage Mall. He is not happy about the design. McGuire: Asked if it worthwhile to send back the staff to look specifically at the Lunds. Thompson: Commented that turn is illegal anyway, she doesn't understand why you wouldn't modify it. The other thought she had was the mall is a destination. So when you're going to the mall you are going to go regardless. Hedberg: Noted that McGuire has suggested we table this item. McGuire: Confirmed he does want to table. Asked Mr. Poppler if they really exhausted all options. Poppler: Replied that they've thought long and hard on additional ways to reduce the concerns of the mall. MNDOT states you can't develop a turn lane fast enough off Highway 13. Keeney: Stated he agrees to table this. I know the traffic is yucky there but I don't see that much of an improvement. SUBSTITUTE MOTION BY MCGUIRE, SECOND BY KEENEY TO TABLE THIS ITEM AND DI- RECT STAFF TO TALK TO MNDOT ABOUT DIFFERENT OPTIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x x❑ x❑ ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Appointing Individuals to Serve on City Advisory Committees as Recommended by the Interview/Screening Committees City Manager Boyles reviewed the report on this topic dated October 26, 2015. MOTION BY MORTON, SECOND BY THOMPSON APPROVE RESOLUTION 15-176, 15-177, 15-178, 15- 179, 15-180, 15-181 APPOINTING INDIVIDUALS TO SERVE ON CITY ADVISORY COMMITTEES AS RECOMMENDED BY THE INTERVIEW/SCREENING COMMITTEES Morton: Thanked her fellow councilors who participated in interview and thanked those who applied. Keeney: Commented that it is exciting that people are interested in serving and thanked the existing mem- bers. Hedberg: Stated that we have over 50 advisory committee members and without them the wheels of the city would not turn. Keeney and Thompson took the burden of most interviews. 10 26 15 City Council Meeting Minutes 10 VOTE Hedberg Keeney McGuire Morton Thompson Aye x❑ ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B Consider Approval of a Resolution Amending the City's Investment Policy Finance Director Uram reviewed the report on this topic dated October 26, 2015. MOTION BY THOMPSON, SECOND BY MCGUIRE TO RESOLUTION 15-182 AMENDING THE CITY'S INVESTMENT POLICY Morton: Stated that she gets Mr. Uram's perspective. She wants to know what he is going to do to monitor this. Uram: Replied that the investment policy should be reviewed on an annual basis. This was more of a safe guard for people who manage the investment if he is not available to do it. Morton: Commented that she wants an assurance that Mr. Uram is going to be mindful and not look at it only once a year. Uram: Stated that we do a reconciliation on a monthly basis and we make appropriate adjust- ments. Morton: Replied she understands his clarification on the thought process versus the previous fi- nance director. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x x❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9C Consider Approval of an Ordinance Amending Section 1101, General Provisions, of the Prior Lake Zoning Ordinance Related to Fences Community Development Specialist McCabe reviewed the agenda report on this topic dated October 26, 2015 with assistance of Planner Matzke. MOTION BY THOMPSON, SECOND BY MORTON AMENDING SECTION 1101 GENERAL PROVISIONS, OF THE PRIOR LAKE ZONING ORDINANCE 115-24 RELATED TO FENCES TO INCLUDE THE RESOLUTION 15-183 SUMMARY OF THE ORDINANCE AND THE PUBLICA- TION OF THE ORDINANCE Morton: Asked if we have complaints about fences and does this put more work on the enforce- ment officer. McCabe: Answered we have reviewed with the compliance enforcement officer and we've added extra language for those issues. Morton: Questioned if we will have upset people now that the ordinance is more detailed and are we going to allow them to change the fence if they wish. McCabe: Replied the ordinance will clarify that there is one front yard and one corner side yard abutting a street. If they wanted to change their fence they could certainly do so. 10 26 15 City Council Meeting Minutes 11 VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5J Consider Approval of a Resolution Approving an Agreement for Private Use of Public Property Agreement between the Wilds Homeowners Association and the City of Prior Lake Planner Matzke reviewed the agenda report on this topic dated October 26, 2015. Members of the Wilds Association are present to answer questions. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY AGREEMENT BETWEEN THE WILDS HOMEOWNERS ASSOCIATION AND THE CITY OF PRIOR LAKE Keeney: He has a problem of the public use of private property without very clear policies in place. I would propose sending this back for the staff to come back with a report of public surveil- lance. Asked who is responsible for the fees. Matzke: Replied the home owners association would get any necessary permits required. SUBSTITUTE MOTION BY KEENEY, SECOND BY MCGUIRE TO TABLE THIS ITEM AND DI- RECT STAFF TO TALK BRING BACK A REPORT ON THE POLICY IMPLICATIONS ON PRI- VATE SURVEILLANCE CAMERAS ON PRIVATE PROPERTY MONITORING PUBLIC PROP- ERTY. Morton: Commented that she wants to know the legal responsibility on this. Hedberg: Asked Police Chief Elliot what his opinion is. Elliott: Responded that the city wouldn't have any control over the data. It isn't equipment that the city has. So we'd have to go through the home owners association. The camera view would be the same as any person who was standing there would have. His feeling is the use of this video would be like any other surveillance by a private company. McGuire: Stated he would like to have City Attorney go through the report. Keeney: Commented that this isn't a bad idea but I have a fear of this slippery slope. Morton: Mentioned that camera angles are wide and maybe you can see in a front yard/gar- age/window. She would like to see a bigger evaluation. Johnson: Noted that this is private activity until it is reported and until the police request it. Morton: Stated she agrees with Keeney and it needs more discussion. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ Nay ❑x ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS 10 26 15 City Council Meeting Minutes 12 This Thursday there is a private business mixer sponsored by the EDAC. ADJOURNMENT With no further business brought before the Council, a motion was made by Morton and seconded Kenney by to adjourn. The motion carried and the meeting adjourned at 9:47 p.m. Frank oyl: , ity Manager 10 26 15 City Council Meeting Minutes 13