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HomeMy WebLinkAbout11 23 15 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 23, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, 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, Fire Chief Hartman, Planner Matzke, Recreation Coordinator Barstad, Project Engineer Thongvanh, Community Development Specialist McCabe, and Executive Assistant Schroeder. Councilor McGuire was absent. 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: Alexandia Matyia, 5417 Applewood Drive NE: Stated she is against projects that do not im- prove the quality of life. She presented a petition, signed by 847, that opposes the tax increase. Commented that the digital signs should be used to better inform residents about what is happen- ing with the tax increase. Lloyd Erbaugh, 17291 Marshfield Lane: Stated his thanks to all the volunteers on the advisory committees. Commented that he encourages people to come to the December 4, 2015 Dazzle event and the City Council Budget meeting on December 14, 2015. Mike Rothmeyer, 6340 150th Street: Stated the city and residents should come together to pre- pare a better plan for the budget. Commented that if there are needs for more staff, cut road pro- jects and consultant fees. Stated he does not mind paying a tax increase of 1% or 2% but the higher amount it is going to make Prior Lake stand out and have an effect on future home sales. 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. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE MINUTES OF THE NO- VEMBER 09, 2015 MEETING AS PRESENTED. 11 23 15 City Council Meeting Minutes 2 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 the 2015 October 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 15-189 Approving the Issuance of Multifamily Housing Revenue Note (The Grainwood Project) and Approving the Execution of Related Docu- ments H. Consider Approval of 3rd Quarter 2015 Financial Report I. Consider Approval of a Resolution 15-190 Authorizing the Deferral of Special Assess- ment for Arlis Farmer MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE OVERALL CONSENT AGENDA. Hedberg: Asked what the projection is for building permits based on the current activity and com- pared to last year. Poppler: Responded that there are currently 104 permits, 2 permits are ready to be picked up and 12 permits are in review. He estimated 115 to 120 for this year. Hedberg: Stated that 118 permits were issued last year. Questioned if the Dominion Project will be picked up this year or next year. Poppler: Responded that he does not have an answer for when the Dominion Project will be picked up but said they are close. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. PRESENTATIONS 6A Presentation of Retired Board and Commission Members City Manager Boyles presented the importance of volunteers in relation to the advisory commit- tees. 11 23 15 City Council Meeting Minutes 3 Hedberg: Presented Thomas Schutz, Adam Blahnik, and Greg Wilson with a Certificate of Recognition and presented Greg Wilson with a service plaque for serving a full term of nine years. Read the remaining certificates for Dan Shower, Scot Moncur, Mike Stout, Greg Schweich, Perri Hite, and Dave Rech who were not present. 6B Presentation by David J. Unmacht, Executive Director, League of Minnesota Cities City Manager Boyles introduced Dave Unmacht, Executive Director of the League of Minnesota Cities. Dave Unmacht: Stated he is advocating for the League of Minnesota Cities. Commented that he wants the City to invest in the League of Minnesota Cities so Prior Lake can benefit from what the league has to offer. He is grateful for his experiences at Prior Lake which enhanced his profes- sional development. 6C Concept Presentation on Amending the 2030 Comprehensive Plan in Sub-Area D of a Planned Use District Community / Economic Development Director Rogness presented on this topic from the re- port dated November 23, 2015. Essentially the revision eliminates commercial from this property and adds various styles of housing which will have the impact of increasing the residential density of the area. Keeney: Commented that there are some limitations on this property with the sewer. Asked if that had been resolved. Poppler: Responded that a water booster station is needed to serve this area and sanitation would need to be extended from Cedarwood and Crest Avenue to serve the 48 acres. The pipe there does not have capacity to service beyond that. Keeney: Stated the Planning Commission was favorable on this plan. Hedberg: Commented that he is in agreement with this plan but would like to see more green space. Rogness: Replied that there is room to work with the developer for more green space. Kenney: Stated leaving buffer trees around the outside would help preserve the trees. Morton: Commented that a similar developed community, Deerfield, preserved a lot of trees and green space while building all different types of homes: twin homes, town homes, and single fam- ily homes. PUBLIC HEARINGS There were no public hearings scheduled. OLD BUSINESS There was no old business scheduled. NEW BUSINESS 9A Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling the Public Hearing for the 2016 Street Improvement Project Project Engineer Thongvanh, reviewed the report on this topic dated November 23, 2015. 11 23 15 City Council Meeting Minutes 4 MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-191 AC- CEPTING THE FEASIBILITY REPORT AND SCHEDULING THE PUBLIC HEARING FOR THE 2016 STREET IMPROVEMENT PROJECT Morton: Asked if the city looked at just doing Manitou because the City and citizens cannot afford the whole project. Thongvanh: Responded the cost for just Manitou road is $784,000 and $20,000 to replace valves on Raspberry Ridge. Keeney: Stated he does not understand why we are not getting the design life out of these roads and he wants to make sure no iron pipe is going to be used. Thongvanh: Responded it will be replaced with plastic. Keeney: Stated he is concerned the City is accelerating the replacement of the road. Thongvanh: Replied the longer the City waits, the more water breaks in this area will occur. Hedberg: Questioned if some streets in Raspberry Ridge are candidates to do just a mill and overlay or are the roads too deteriorated for that? Thongvanh: Staff believes they are too deteriorated to do mill and overlay. As the area was being developed, some streets started to have thicker sublayers but the old streets need to be replaced. Hedberg: Questioned if a narrower 28 foot roadway has been considered as it would provide traf- fic calming. Poppler: Responded that there will likely be more traffic once Parts of the city south develop and- connects to Carriage Hills Parkway to avoid arterial roadways. The City worries about parking space on a 28 foot wide streets when there is more traffic. Hedberg: Stated he wants to go forward but would want to consider the mill and overlay further. Keeney: Asked how long the current road will last? Gehler: Answered that there is alligator cracking which tells them the subgrade has failed so if a mill and overlay is done cracking will just happen again. Kenney: Asked how much longer the road will last before it is unserviceable? Gehler: Responded it is a tough call and it depends on the types of winters that occur but esti- mates that it will last five to ten years. Morton: Stated she cannot vote in favor of this resolution as it exists. Keeney: Commented that he feels that Prior Lake will never get 60 years out of a road. Hedberg: Stated it would be good to know where the City has poor soils. Keeney: Stated he worries about the potential water breaks more than the roads. Thompson: Commented to just do Manitou road and the water valves. Thongvanh: Proposed to repair the larger water main issues then patch those road sections. Hedberg: Questioned if the lining option requires opening the ground all the way up? Thongvanh: Replied that it requires a pit of 8x20 in the road then all new gates, hydrants and a new inside for the pipes. Hedberg: Asked what affect does this have to the construction schedule next year if this project is kicked back to staff to prepare the alternatives? Poppler: Answered they have a month and a half until the public hearing and they could explore those options. MOTION BY KEENEY, SECOND BY MORTON AMENDING THE FEASIBILITY REPORT TO IN- CLUDE ALTERNATIVES ON LINING THE 16” WATER MAIN AND RECONSTRUCT THE ROAD- WAYS AS PROPOSED. Thongvanh: Stated lining the 16” from Hwy 21 to Manitou road is $573,000 just for the lining. 11 23 15 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. MOTION BY KEENEY, SECOND BY MORTON AMENDING THE FEASIBILITY REPORT TO IN- CLUDE ALTERNATIVES ON REPLACING THE PIPE AND SECTIONS OF ROAD. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Thompson: Commented that the original plan should be discarded and only bring up the alterna- tives. Morton: Agreed if council is not going to vote on that resolution, why make everyone upset by bringing up the original plan. Keeney: Stated the only way he supports the original plan, which includes all the roads, is be- cause it will spread out the costs to more homeowners. Hedberg: Replied that he would like to keep the original plan as an option because by just doing the pipes it will have an effect on the water fund. The alternative to do the pipes and the road will have less of an effect on the water fund but then the assessments would be high. Morton: Requests more information before calling the public hearing. Poppler: Stated there will be a neighborhood meeting to communicate the setiment. The other component is our plan design to keep the process going to get them completed and to bid as early as we can in 2016. Thompson: Commented that she is good with doing Manitou road and replacing the two valves. Then putting the project four years down the road or a year down the road. Hedberg: Stated he worries about the 16” pipe failing and the emergency issues associated with that. Keeney: Said he approves the feasibility report to start for Manitou then defer the design on the remainder until the next council meeting. Hedberg: Asked how that affects the public hearing notification. Poppler: Responded that delaying the public hearing will affect the ability to bid earlier and he stated the different alternatives will adjust the design time. Schwarzhoff: Recommended that the council vote everything down and start over Hedberg: Stated to vote down the motion as recommended by the city attorney to start over. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☒ ☒ ☐ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion failed. 11 23 15 City Council Meeting Minutes 6 MOTION BY KEENEY, SECOND BY MORTON APPROVING THE FEASIBILITY REPORT AND PROCEEDING TO AMEND THE DESIGN TO NOT INCLUDE THE RASPBERRY RIDGE NEIGH- BORHOODS EXCEPT FOR OPTION C TO ONLY LINE THE 16” SECTIONS AND OPTION D TO ONLY RECONSTRUCT THE ROAD AND 16” WATER MAIN AND SEWER AREAS AND TO SCHEDULE THE PUBLIC HEARING FOR JANUARY 11, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Approving the Cardinal Addition Preliminary Plat Planner Matzke reviewed the report on this topic dated November 23, 2015 MOTION BY THOMPSON, SECOND BY KEENEY TO APPROVE RESOLUTION 15-192 FOR THE CARDINAL ADDITION PRELIMINARY PLAT Morton: Questioned the overall placement of this cul-de-sac it seems to be a chunk of land in the middle with no future potential for the land around it to be developed. Matzke: Responded that the land around this area is low so developing roads through this area would be expensive. The land surrounding this potential cul-de-sac is city land. Hedberg: Asked if there is going to be a trail connection? Matzke: Answered that he would have to get more information but he does not think a trail in that spot is freezable because of the lower elevations. Keeney: Stated his recollection from the Planning Commission public hearing was that some neighbors had concerns about view, what where they questioning? Matzke: Commented that they were concerned about the construction timing scheduling, con- cerned with construction traffic and with open site areas all winter long. At this point they could grade the site, construct the utilities and street and have nine homes in next year’s construction season. Citizens were concerned about what the view and how many trees would be coming down. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 9C Consider Approval of a Resolution Accepting Outlot B of Jeffers Pond Second Addition and Conversion City Engineer / Inspections Director Poppler reviewed the report on this topic dated November 23, 2015. 11 23 15 City Council Meeting Minutes 7 MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-193 AC- CEPTING OUTLOT B OF JEFFERS POND SECOND ADDITION AND CONVERSION OF TRAIL POINT COURT TO A PUBLIC STREET Keeney: Questioned what happens to outlot B, does it become unused property? Poppler: Responded it would be deeded to the city and it is essentially the city right-away. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 9D Consider Approval of a Report from the Fee to Trust Work Group Mayor Hedberg reviewed the agenda report on this topic dated November 23, 2015. Keeney: Stated that the most recent email from Attorney Don Baur with Perkins Coie referenced he wanted to have input sooner and it was unclear as to if Baur wanted to have input on this let- ter. Schwarzhoff: Concurred with Keeney that that letter was not exactly clear. Baur mentioned two things that he stated should be in the letter and they are, therefore it is unclear what he was imply- ing. She mentioned the City can send the letter to Baur but she was not sure how much review he would be willing to do and at what cost. Hedberg: Commented that Baur indicated holding up the Meadows was not going to happen. Morton: Stated that the community at large would have a larger opinion. She mentioned a couple hours of attorney’s time would be beneficial. Hedberg: Responded from his perspective it is about being behind Federal law and Federal pol- icy so if the City challenges this it would waste tax payer’s money because it might go straight to court since it is over 200 acres; however the work group needs to better understand this course of action. Schwarzhoff: Clarified that there are two applications. Meadows is one and the 30 day notice is out then there is the ICO application which we have not received a 30 day notice on yet. MOTION BY KEENEY, SECOND BY THOMPSON TO TABLE THE APPROVAL OF THE LET- TER WITH DIRECT TO THE STAFF TO FOLLOW UP WITH BAUR TO CLARIFY THE SCOPE OF THIS LETTER VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☒ ☐ ☒ ☒ Nay ☒ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Hedberg: Commented the City should not authorize Perkins Coie to spend any funds until there has been an opportunity to speak with the newly appointed Business Council unless the City re- ceives the 30 day notice of the ICO at which time a special meeting would be called. Thompson: Asked what kind of negotiations would be going on with the new Business Council? 11 23 15 City Council Meeting Minutes 8 Hedberg: Answered the negotiations would include concerns on the framing of our comment let- ter and the potential concerns of the already constructed infrastructure. Thompson: Stated the City is back to negotiations with the tribe. Hedberg: Replied that would be the ideal circumstance; the other way would be for the county negotiation and the SMSC for the roadway installation and utility use. Thompson: Stated that it still does not address the issue of making an agreement that is enforce- able. Keeney: Stated the first part of the agreement is to build the road, secondly buying land in the an- nexation part is where this is complicated. Schwarzhoff: Commented that any portion of the agreement could be revisited. Those are ques- tions the City discussed the first time the agreement went through and those would be questions to the new council about the enforcement mechanisms and easement exists as a permanent road easement. That would ease many of the City's issues because it would ensure it is a permanent road with the utilities. MOTION BY HEDBERG, SECOND BY KEENEY FOR APPROVAL TO ENGAGE PERKINS COIE AFTER THE NEGOTIATING GROUP HAS AN OPPORTUNITY TO MEET WITH THE NEWLY ELECTED BUSINESS COUNCIL WITH THE EXCEPTION THAT IF WE RECEIVE OUR 30 DAY NOTICE ON ICO PRIOR TO THAT TIME THAT WE CALL A SPECIAL MEETING ON THE CITY COUNCIL, TO ENGAGE PERKINS COIE IMMEDIATELY VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Boyles: Stated that the Met Council suggested that the City wait until the 2040 Comprehensive Plan prior to making our amendments which is contrary to what the council has informally ex- pressed a desire to do in the past. Hedberg: Commented amending the 2030 Comprehensive Plan gives a good foundation for the 2040 plan so there is proper research and foundation in place. Keeney: Added those acres cannot be part of the normal plan or that land needs to be excluded for the 2040 plan. Hedberg: Stated that the SCMC owns about 2,000 acres and 1,300 to 1,500 acres that were part of the 2030 plan but now it would not be in the 2040 plan. MOTION BY KEENEY, SECOND BY THOMPSON TO SUBMIT A 2030 COMPREHENSIVE PLAN AMENDMENT TO EXCLUDE SMSC PROPERTY FROM THE CITY’S COMPREHENSIVE PLAN. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 11 23 15 City Council Meeting Minutes 9 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 10:15 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. ___________________________________ Frank Boyles, City Manager