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HomeMy WebLinkAbout12 21 15 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 SPECIAL CITY COUNCIL MEETING MINUTES December 21, 2015 CALL TO ORDER The meeting was called to order at 7:33 p.m. due to the length of a preceding Planning Commission Meeting. 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, Fire Chief Hartman, Recreation Coordinator Barstad, Accounting Manager Erickson 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: Harry Algyer, 16171 Creekwood Circle: Stated he does not agree when people attack a person instead of an issue. He noted that there were a number of editorials in the paper that were not at- tacking the issue but attacking the people who had an opinion on the issue. Commented that the city has a vision and strategic plan and they should look at it often and adjust. He stated the city needs to plan for change because it is not a question of if rather a question of when. The city must assess and manage expenses which he believes Prior Lake does and there is great input from residents. Stated that the community is challenged to win support for change. Concluded that the city has a high performance staff and city council team. Kim Churchill, 16209 Evanston Ave SE: Commented that when she moved here in 2005 it was a great place to live with stronger services but she does not feel that way now. She questioned if the city is going to have the strong public presence like it did in the past. Lee Janich 16059 Cambridge Circle SE: Questioned how the city is going to continue to have other people invest in the community? Stated the city needs to be committed to what they are do- ing. Added that she wants more people to walk in the parks and actually spend time in Prior Lake. Lloyd Erbaugh, 17291 Marshfield Lane: Explained that the city has taken steps to improve their relationship with the Shakopee Mdewakanton Sioux Community (SMSC). Stated during a work- shop earlier this year he wished there would have been less time debating hiring a law firm to op- pose the SMSC and considered talking to the individuals that negotiated the Canterbury Park and the SMSC cooperative agreement which benefited both parties or hiring a negotiation firm. Stated the SMSC has donated millions of dollars and created many jobs. Added that Prior Lake will share this land with SMSC for many years the city should do all they can to work through the differences with SMSC. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE AGENDA AS PRE- SENTED. 12 21 15 City Council Meeting Minutes 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE DE- CEMBER 14, 2015 MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. CONSENT AGENDA No Consent Agenda Items Scheduled. PRESENTATIONS No Presentations Scheduled. PUBLIC HEARINGS 7A 2016 Fee Schedule Accounting Manager Erickson reviewed the report on this topic dated December 21, 2015. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE 2016 FEE SCHEDULE PUB- LIC HEARING AT 7:50 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Lloyd Erbaugh, 17291 Marshfield Lane: Stated he supports the changes but would like to see an increase of fees for non-residential participants in the youth programs. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE 2016 FEE SCHEDULE PUBLIC HEARING AT 7:53 P.M. 12 21 15 City Council Meeting Minutes 3 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Keeney: Questioned how the development fees actually land us on the trunk fund balances verses projected projects and has the city done the projections? Erickson: Answered the staff looks at the status of the trunk funds on an annual basis and if changes are needed they will be reflected in the analysis. Keeney: Asked if the city significantly replenishes the trunk funds? Erickson: Responded that the council could look at that as part of the Capital Improvement Program (CIP) and staff could recommend changes which would come in the next fee schedule in December 2016. Boyles: Stated that the current fees were calculated in early 2000 as part of the 2030 Compre- hensive Plan. The fees were not increased based upon the construction cost index. Stated there is an update to the City Comprehensive Plan in about three years and the city would like to make up the construction cost increase in three 10% increments per year. Explained that by year four the CIP will be updated and the rational nexus provided by those studies will take us into those new fees. In the future the city will track inflation better and incorporate it in the fees the city charges. Hedberg: Asked if the staff will conduct the utility trunk studies before the CIP? Thompson: Questioned when was the last time these fees increased? Erickson: Responded in 2005. Thompson: Stated some of the changes are so large but it makes sense since it has been such a long time. Asked if the city has been compared to other cities? Boyles: Answered that there are different costs for different communities making comparison difficult because of the land differences; the in-depth studies are the best way to establish the numbers in a fashion which is defensible. MOTION BY KEENEY, SECOND BY THOMPSON AMENDING SECTION 106 CITY CODE ORDINANCE 115-27 RELATED TO THE OFFICIAL FEE SCHEDULE TO INCLUDE THE RES- OLUTION 15-195 SUMMARY OF THE ORDINANCE AND THE PUBLICATION OF THE ORDI- NANCE. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Waiving Platting Requirements for the Combination of Property Located at 3027 Knollridge Drive Community / Economic Development Director Rogness and City Attorney Schwarzhoff re- viewed the report on this topic dated December 21, 2015. 12 21 15 City Council Meeting Minutes 4 Morton: Asked where the staff missed on the impervious surface calculations when the city granted an outlot earlier in order to get them in compliance with impervious surface? Rogness: Stated at the time he was under the assumption it was bringing the lot into compliance but it did not happen that way. McGuire: Questioned with option 1 would Mr. Larson be able to increase the impervious surface on lot A? Rogness: Answered there could be impervious surface added as a result of this but you could not really build in either of the outlot areas. Stated there could be additional impervious surface if you were to approve this. McGuire: Asked if there is there a way to say Mr. Larson cannot put in additional impervious sur- face? Schwarzhoff: Responded there is not a provision in the Administrative Section of the City Code to allow for conditions or limits. Explained it simply says the city can waive the platting require- ments but if that is something the council would like to consider they are better off tabling this item, then the city would revise the subdivision ordinance to account for a better process. Thompson: Asked what is the percentage of meeting the requirement for impervious surface? Rogness: Answered Mr. Larson is currently at 35.6% impervious on parcel A and Mr. Larson needs to be down to 30%. Stated if the property was added from parcel B then the city would have to remove the pond area which would bring Mr. Larson down to the 22.8% impervious when the entire expanded parcel is considered. Thompson: Questioned if the city would grant a variance for this? Rogness: Responded a variance is an option that he advised Mr. Larson against because of the self-hardship reasoning which the city would likely not approve. Keeney: Asked if the pool on the south side is also an issue since it is in the easement area? Poppler: Answered it depends if it is actually the pool which is not allowed but if it is a fence or pavement that is allowed. Keeney: Questioned if there are any future needs for the pond area? Poppler: Responded that there are not any plans to do any work at this time. Keeney: Asked if the neighborhood is fully built out? Poppler: Answered yes but as time goes on the city may need to do other projects in this area as technology changes over time. Hedberg: Questioned if easement over the west side of lot A excluded from the impervious sur- face calculations? Rogness: Answered easement areas are calculated as part of the total lot area unless the pond itself would be removed from this area. Hedberg: Stated if the city allows Mr. Larson the ability to use the area for impervious surface on his home lot, it is putting restrictions on the city. Morton: Explained that she struggles to be in support of this because the area is out of accepta- ble boundaries. Hedberg: Asked if Rogness or Poppler know how this construction took place that resulted in the 35.6% impervious surface? Poppler: Answered that there was a pool permit issued, the city commented that the impervious surface was outside the limit, Mr. Larson updated the permit, the work was done, permit was closed, and then the impervious surface over the maximum was built. As staff was evaluating a different code enforcement issue this was discovered. MOTION BY MORTON, SECOND BY MCGUIRE TO DENY THE RESOLUTION 15-XXX WAIV- ING PLATTING REQUIREMENTS FOR THE COMBINATION OF PROPERTY LOCATED AT 3027 KNOLLRIDGE DRIVE. 12 21 15 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTON BY MORTON, SECOND BY MCGUIRE TO DIRECT STAFF TO REVIEW FOR ANY OTHER ORDINANCE INFRACTIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B 2016 Budget / Tax Levy Finance Director Uram reviewed the report on this topic dated December 21, 2015. Hedberg: Advised to open discussion on the 2.84% increase on the general fund levy since both the Debt Service and Equipment Revolving Fund levies were previously approved by the council. Keeney: Proposed a total levy increase for all purposes except EDA of 6.5% levy increase which would be achieved by a total of $100,000 reduction in the general purposes levy. Morton: Stated she agrees with councilor Keeney. McGuire: Explained he supports the staff proposed levy because the levy was brought down twice already and if the city wants to add a Police Officer, a Public Works person, and maintain the level of service this levy is in the ballpark. Hedberg: Noted that the city’s reserve balance is projected to be at 41% and in a healthy grow- ing economy they should be trying to get to the middle of the goal or 45%. He finds it difficult to support the $100,000 reduction because even with the proposed levy taxes per household are only 1.3% above what it was in 2010. Thompson: Commented her concerns about the spending increase of 74% from 2010-2015 and she does not think the city should take on any more debt. Stated as a compromise she con- siders voting for the discussed reduction. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE RESOLUTION 15-196 ADOPT- ING THE 2016 CITY BUDGETS AND CERTIFYING THE FINAL 2016 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION BASED UPON A TOTAL LEVY INCREASE OF 6.5% INCLUDING DEBT SERVICE, REVOLVING EQUIPMENT FUND AND GENERAL LEVY. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☒ ☐ ☒ ☒ Nay ☒ ☐ ☒ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 12 21 15 City Council Meeting Minutes 6 Hedberg: Advised to open up discussion on the EDA levy. Uram: Stated the EDA levy is going down for 2016 $4,000. Morton: Asked what is the EDA levy used for? Keeney: Responded that the EDA budget is used for staff involved for community development, technology village, and portions of the budget for professional services. Hedberg: Added that the EDA budget also pays for a portion of the staff from the Economic De- velopment Department. Asked what percentage is included? Erickson: Answered 50%. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION 15-197 ADOPT- ING THE 2016 ECONOMIC DEVELOPMENT AUTHORITY BUDGET AND CERTIFYING THE 2016 ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☐ Nay ☐ ☐ ☐ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Hedberg: Advised to open discussion on the general fund. Keeney: Asked if they can approve this as a whole and let staff decide where to put the amounts? Schwarzhoff: Answered there is nothing that she is aware of if you advise them to do it that way. Suggested as an example to pass the budgets as proposed less $100k and let staff determine what to do with that and let staff know you aren’t against budget amendments to shift the portions. MOTION BY KEENEY, SECOND BY MORTON APPROVING STAFF TO MAKE BUDGET AMENDMENTS TO REALLOCATE FUNDS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS Community / Economic Development Director Rogness reviewed the report on this topic dated December 21, 2015. Keeney: Stated he does not think the council has enough information to make a decision on this for the summer hour extension approval. MOTION BY KEENEY, SECOND BY MCGUIRE AMENDING SECTION 1102 USE DISTRICT REGULATIONS THE ORDINANCE 115-26 RELATED TO HOLIDAY HOURS . Thompson: Asked why New Year’s Eve and New Year’s Day? Rogness: Answered we do not want to restrict them on days were the holiday falls. 12 21 15 City Council Meeting Minutes 7 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY HEDBERG, SECOND BY THOMPSON DIRECTING STAFF TO REVIEW THIS OR- DINANCE IN NOVEMBER 2016 TO ASSESS HOW WELL THE EXTENDED HOURS WERE MANAGED. Hedberg: Noted the applicant is in support of this option that the council passed. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA No items removed from the consent agenda. OTHER BUSINESS / COUNCILMEMBER REPORTS No other business / councilmember reports. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded Morton by to adjourn. The motion carried and the meeting adjourned at 8:54 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ___________________________________ Frank Boyles, City Manager