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HomeMy WebLinkAbout11 09 15 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 09, 2015 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton, and Thompson, City Manager Boyles, City Attorney Schwarzhoff, Assistant City Manager Olson, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Community / Economic Development Director Rogness, Finance Director Uram, Police Chief Elliott, Planner Matzke, Maintenance Supervisor Theisen, 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 or items for which a public hearing has been held but no final action taken, are not eligible for discussion on the public forum. Comments: Lloyd Erbaugh, 17291 Marshfield Lane: Commented about the work session agenda item number two regarding the 2016 Budget / Tax levy Discussion that took place November 9, 2015. He questioned why there is not a plan to add more personnel and the city should pay attention to adding more staff on a long term basis. Mike Rothmeyer, 6340 150th Street: Stated he is not in favor of any tax increase of 11.5 % and believes it is too much. He suggested lowering the reserve to 35% and using that money to hire police officers, other improvements and pay down some debts. He would like to see more busi- nesses in Prior Lake. Curt Hennes, 17286 Sunset Trail SW: Gave thanks to the citizens who helped clean up leaves at Ponds Park. Stated the third PLSLWD fall tour will take place with segments four and five of the outlet channels being viewed and visiting the Fish Point Park project. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE AGENDA AS PRE- SENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY THOMPSON, SECOND BY MCGUIRE TO ADD AGENDA ITEM 9D AUTHORIZING A STUDY TO DETERMINE SOUND PLANNING TO DOCKS BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ 11 09 15 City Council Meeting Minutes 2 Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE MINUTES OF THE OC- TOBER 26, 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 B. Consider Approval of a Massage Therapy License for Jamie Camps C. Consider Approval of 3rd Quarter 2015 Investment Report MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE OVERALL CONSENT AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS 7A Consider an Appeal of the Planning Commission’s Decision to Approve a Variance from the Minimum Lakeshore Setback for a Property located at 14640 Oakland Beach Avenue Planner Matzke: reviewed the report on this topic dated November 9, 2015. Hedberg: Asked Schwarzhoff to address what the City Council’s responsibility is. Schwarzhoff: Stated the Councils job is to review the planning commission’s information and make an appropriate decision based upon zoning ordinance criteria. 11 09 15 City Council Meeting Minutes 3 MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN PUBLIC HEARING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried and the public hearing opened at 7:32 p.m. Comments: Chris Dahl, 15259 Wilds Parkway: He stated this lot does conform to all Prior Lake requirements except for the pond itself. Asked the city council to not reject the variance that is adjacent to the wetland so they are able to build a home. In 2014 his family received a permit from the DNR to add riprap to keep the water flow into the pond and not let the pond land get developed. Mark Vyvyan, 200 S. 6th Street, Minneapolis: Stated he is the councilor to the Dahls. Com- mented that the issue before the council tonight is whether the variance presented to the council would allow the construction of a lake home or not and it does not involve the pond. Ted McWilliams, 18303 Key West Court, Lakeville: Stated he owns four acres of land that is by the area being discussed tonight. He commented that he is not looking to prevent the Dahls from building a home on their lot. He wants the historic natural level restored for the pond and not the illegal man-made ridge that is currently in place. Anton Cheskis, with Huemoeller and Gontarek PLC: Stated that the lot the Dahls want to build the home on is an illegal non-confirming lot due to the riprap that was added to the pond. He asked that the variance be approved as long as the illegal ridge is repaired. Kenn Boyles, 15358 Breezy Point Road: Stated when he built his house elsewhere in the city, the pond was called a wetland and he had to put in a building pad at 908’ in order to build his house. He questioned if this is no longer a requirement. If it isn’t, he wants to remove the boulder wall building pad around his house too. Dan Dagre, 14698 and 14692 Cove Ave: Noted that he is speaking on behalf of his mother Ber- nice Dagre. Commented that his mother and he support Dahl to build his home. When his parents bought the properties in 1962 the pond was a swamp, had trees growing in it, and it was bone dry in some years. He stated that sometime in the 1980s the land was modified on the south side which is the opposite side of the ridge and water flowed into the pond. Hedberg: Asked Schwarzhoff to comment on if the fill in the wetland is tied to the variance being considered. Schwarzhoff: Replied that an illegal non-conformity does not have to be taken down and is al- lowed to exist but not added to. The council would have to find a reason that the illegal non-con- formity fill directly affects the variance that is requested. Keeney: Quested Matzke why is the wetland delineation different from the high water mark. Matzke: Delineations are done on a project basis and for wetlands it is influenced by what is growing in the area whereas the high water elevation is a set for the entire area as a whole. Keeney: Asked if the flood elevation was considered with this variance. Matzke: Responded that the Dahls home would have to meet flood plan regulations by FEMA. Keeney: He asked Schwarzhoff to educate the council on when a denied variance could be con- sidered a taking. Schwarzhoff: The city council decision still has to use reasonable discretion when approving or denying a variance. Hedberg: Stated that the ridge is an issue for the DNR and it does not affect the building vari- ance. 11 09 15 City Council Meeting Minutes 4 MOTION BY MORTON, SECOND BY THOMPSON TO CLOSE THE PUBIC HEARING AND AP- PROVE RESOLUTION 15-184 OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLAN- NING COMMISSION’S DECISION TO GRANT APPROVAL OF A VARIANCE FROM THE MINI- MUM LAKESHORE SETBACK, FOR A PROPERTY LOCATED IN THE R-1 (LOW-DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried and the public hearing closed at 8:29 p.m. OLD BUSINESS 8A Consider Approval of a Resolution Approving a Permit Agreement for Private Use of Public Property between the Wilds Homeowners Association and the City of Prior Lake Planner Matzke and City Attorney Schwarzhoff reviewed the report on this topic dated Novem- ber 9, 2015. MOTION BY KEENEY, SECOND BY MORTON CONSIDER APPROVAL OF A RESOLUTION 15-185 APPROVING A PRIVATE USE OF PUBLIC PROPERTY AGREEMENT BETWEEN THE WILDS HOMEOWNERS ASSOCIATION AND THE CITY OF PRIOR LAKE Morton: Asked what the right to privacy is if a camera records into a resident’s home. Schwarzhoff: Responded if a camera was set and recorded into a home, it would require govern- ment action; constitutionally it is not an issue. Keeney: Proposed an amendment to Wilds Camera Agreement to state “The security camera footage and any data derived from it (for example, but not limited to license plate recognition data or facial recognition data) shall be used only for the purpose of crime prevention and inves- tigation. The security camera footage and any data derived from it shall not otherwise be sup- plied to third parties, made public, or used for any other purpose.“ MOTION BY KEENEY, SECOND BY MORTON AMENDING SECTION NINE OF THE WILDS CAMERA AGREEMENT. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Morton: Asked what the timeline should be for the validity of this permit. McGuire: Questioned what the longevity of the camera equipment is. Keeney: Asked if there is an option for this agreement to be terminated. Schwarzhoff: Responded that paragraph four in the Wilds Camera Agreement states that the city can terminate this agreement if a reasonable issues arise. 11 09 15 City Council Meeting Minutes 5 MOTION BY HEDBERG, SECOND BY MCGUIRE AMENDING SECTION TWO ADDING A SEN- TENCE TO INCLUDE A THREE YEAR TERM THAT REQUIRES A RENEWAL. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Keeney: Asked if there should be a fee added to this agreement. Morton: Stated she does not think it is the right time to add a fee. She said it should be added to a future discussion. Keeney: Replied that he is fine having a fee schedule discussion at a later time. MAIN MOTION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Amending the Assessment Policy Regarding Street Reclamation / Rehabilitation Improvements City Engineer & Inspections Director Poppler reviewed the report on this topic dated Novem- ber 9, 2015. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-XXX AMEND- ING THE ASSESSMENT POLICY REGARDING STREET RECLAMATION / REHABILITATION Thompson: Questioned if citizens would see a decrease in our tax levy. Poppler: Replied that this would change a portion of the funding into the assessments budget in- stead of the tax levy. Morton: Stated there is good and bad with this change which Poppler pointed out. She com- mented that the advisory committee struggled with this and that is why we bring it up now. Thompson: She would like to see the residents being assessed to have a say on whether they want to have their street repaired or not. Morton: Replied that is what the public hearings provide so resident input can be gathered. Hedberg: Stated he is not in favor of this because if the decision is left up to the homeowners, he is afraid that the streets would not get done. He commented that the streets can last longer if they are maintained properly. McGuire: Asked is there a way to get an input from the public if they would prefer the mainte- nance on their taxes or on assessments. 11 09 15 City Council Meeting Minutes 6 Boyles: Responded the request for public input could be put in the newspapers and wavelength to open it up for a public hearing. Morton: Stated this is a new point on how to finance the infrastructure and it needs to be ad- dressed. Hedberg: Commented that he does not think people will do what is right for the city streets if it is left up to them. SUBSTITUTE MOTION BY HEDBERG, SECOND BY MCGUIRE TO TABLE THIS TOP AP- PROVAL FOR STAFF AND ASSESSMENT REIVEW GROUP TO GAIN PUBLIC INPUT. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Updating the City’s Public Works Maintenance and Operation Manual Public Works & Natural Resources Director Gehler reviewed the report on this topic dated No- vember 9, 2015. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-186 AP- PROVING THE 2015-2016 WINTER MAINTENANCE POLICY McGuire: Commented that it would be more useful to have lights and warming houses so the rinks are used more. Asked if the city would be able to get a new truck this year. Gehler: Responded it would take several months to purchase another truck. Thompson: Asked how many rinks there are and she doesn’t think they get used a lot. Gehler: Replied that there are about 16 rinks and sometimes people will bring out their own lights and boards. Hedberg: Stated he would support this if the staff researches the idea of using fewer rinks and obtaining lights and warming houses. MOTION BY HEDBERG, SECOND BY KEENEY AMENDING THIS RESOLUTION TO HAVE THE STAFF WORK WITH THE PARKS ADVISORY COMMITTEE TO EXPLORE THE APPRO- PRIATE DEPLOYMENT OF LIGHTS AND WARMING HOUSES FOR NEIGHBORHOOD ICE RINKS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ This motion carried. Hedberg: Asked for final vote on the original motion. VOTE Hedberg Keeney McGuire Morton Thompson 11 09 15 City Council Meeting Minutes 7 Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C Consider Approval of a Resolution Accepting Bids and Awarding the City’s Standard- ized Construction Contract for Markley Lake Trail Public Works & Natural Resources Director Gehler reviewed the report on this topic dated No- vember 9, 2015. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-187 AC- CEPTING BIDS AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION CONTRACT FOR MARKLEY LAKE TRAIL PROJECT (CITY PROJECT #PRK15-000006) Morton: Commented that the costs for this project are part of the park dedication fund balance. She asked what the plan is after the fund is depleted. Gehler: Answered the Dominion project would make a significate contribution to this fund of about $450,000. Thompson: Questioned if the capital parks fund can only be used for parks. Gehler: Replied that the fund is for parks and trails. Keeney: Asked if we are putting more into this project than what is needed. Gehler: Answered that she can’t speak for all the plats but Markley Lake did go through the park dedication process and received a considerable amount of land for trail purposes and that the trail is called for by the city’s comprehensive plan. Boyles: Stated that park dedication money collected is not equal to the part or trail built within a specific area. Instead parks and trails are built in accordance with the service criteria set for in the city’s park and trail plan which is part of the comprehensive plan. Morton: Asked if the attempt was to draw connectivity between various neighborhoods. Gehler: Responded that this trail will serve a regional perspective linking County Road 44, the high school, County Road 21 and the regional trail system. Hedberg: Stated even the local impact in his view includes 300 homes and it is a lot more than just Markley Lake Woods neighborhood. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☐ ☒ Nay ☐ ☒ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9D Consider Approval of a Resolution Authorizing a Study to Determine what Amendments to the City Code may be Required to Protect the Public Health, Safety, and welfare and to Provide for Sound Planning with Respect to Docks on, Extending From, and/or Accessed by Certain Property within the City of Prior Lake City Manager Boyles reviewed the agenda report on this topic dated November 9, 2015. 11 09 15 City Council Meeting Minutes 8 Morton: Questioned if the study will be done internally or by a consultant. Boyles: Responded that it will be done internally along with the City Attorney. Morton: Asked if we are trying to create deed restrictions. Boyles: Answered we have controlled access lots which were established by ordinance with some Home Owners Associations and a couple of areas that are yet to be developed. This leaves 15 or more plats without any regulations which the city should research before the issues get worse. There may not be a totally effective course of action but the staff should research and re- port to the council about the alternatives. Thompson: Commented that the lakeshore properties do not have any overseeing authority. Everyone is acting on their good will which does not stop someone from putting in nine docks and rent out boat slips. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-188 AU- THORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE MAY BE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND TO PRO- VIDE FOR SOUND PLANNING WITH RESPECT TO DOCKS ON, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. Hedberg: Stated all this work has been done on the ordinance for docks and there is still a gap in regards to dock regulations. He would like to see this study done. Keeney: Commented it would be hard to regulate private rentals and concerned the city won’t be able to come up with an answer for this area. Schwarzhoff: Responded that the city would not be able to find a solution for the entire problem but for this area the attorney’s office would help determine what is approved for X docks and let the home owners sort out who gets those. Morton: Asked if there was a certain complaint or where the context of this request is coming from. Boyles: Responded that in this subdivision there is at least one person who has three docks and we have been told that he plans to rent the docks. Morton: Stated she thinks the residents should work it out themselves with the current ordinances available. Hedberg: He would still like to see some overall governance. MOTION BY THOMPSON, SECOND BY MCGUIRE TO ADOPT ORDINANCE 115-25 AN IN- TERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIB- ITING ANY INSTALLATION OR PLACEMENT OF DOCKS, EXTENDING FROM, AND/OR AC- CESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE; ADOPTING EN- FORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. MOTION BY KEENEY, SECOND BY MCGUIRE AMEND THE ORDINANCE TO PROVIDE FOR A FIVE (5) MONTH MORITORIUM RATHER THAN SIX (6) MONTHS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Keeney: Asked if the 15 properties are specifically identified. 11 09 15 City Council Meeting Minutes 9 Schwarzhoff: Replied that they were not listed because they are not all equal and we did not want to inadvertently miss any. Hedberg: Requested a vote on the ordinance as once amended. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☒ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS No other business or reports. ADJOURNMENT With no further business brought before the Council, a motion was made by Morton and seconded Thompson by to adjourn. The motion carried and the meeting adjourned at 9:43 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ___________________________________ Frank Boyles, City Manager