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Home My WebLink About01 25 16 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 25, 2016 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, Finance Director Uram, City Engineer / Inspections Director Poppler, Community / Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Water Resources Engineer Young 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. No members of the public spoke. APPROVAL OF AGENDA MOTION BY KEENEY, 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 MORTON, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE JANU- ARY 11, 2016 REGULAR 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 Treasures Report C. Consider Approval of 4th Quarter Investment Report D. Consider Approval of Building Permit Summary Report DRAFT 01 25 16 City Council Meeting Minutes 2 E. Consider Approval of Animal Control Services Report F. Consider Approval of Fire Department Report G. Consider Approval of Police Department Report H. Consider Approval of Resolution 16-011 Approving the Wetland Replacement Plan for the Markley Lake Trail Project I. Consider Approval of Resolution 16-012 Accepting Donations and Grants for the Fourth Quarter of 2015 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS No presentations scheduled. PUBLIC HEARINGS No public hearings scheduled. OLD BUSINESS No old business scheduled. NEW BUSINESS 9A Consider Approval of an Ordinance Amending Section 803 of the Prior Lake City Code Relating to Curfew Police Chief Elliott reviewed the report on this topic dated January 25, 2016. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE ORDINANCE 16-01 AMENDING SECTION 803 OF THE PRIOR LAKE CITY CODE RELATING TO CURFEW TO IN- CLUDE THE RESOLUTION 16-013 APPROVING THE SUMMARY OF THE ORDINANCE AND PUBLICATION OF THE ORDINANCE. Morton: Asked if this is a complaint based ordinance and how is the ordinance enforced. Elliott: Responded that patrol officers do receive complaints and officers actively enforce the ordi- nance if they see youth out past curfew. Explained that the enforcement is discretion based de- pendent on the officer and the circumstance. Stated the curfew prevents youth from committing crimes as well as prevents them from becoming a victim. Noted in most cases when an officer has contact with the youth the officer will bring them home and explain the curfew to the parents; if there are multiple instances with the same youth or if their actions are harmful, enforcement ac- tion is taken right away. Thompson: Questioned if this affect minorsif they are going to and from work. Elliott: Answered the ordinance covers going to and from work. Thompson: Asked what if the youth is coming home from a friend’s house, are they breaking the curfew? Elliott: Responded yes they would be breaking curfew. Keeney: Questioned if patrol officers can enforce the curfew in amusement and tribal properties. DRAFT 01 25 16 City Council Meeting Minutes 3 Elliott: Answered that it can be enforced under private property. The city does not have busi- nesses that permits youth to be out past curfew; it is up to them to send youth home. Keeney: Asked does this affect the Shakopee Mdewakanton Sioux Community land? Schwarzhoff: Questioned does the City of Prior Lake patrol on Shakopee Mdewakanton Sioux Community land? Elliott: Replied yes officers patrol there. Schwarzhoff: Stated the city has some jurisdiction on tribal land and if the curfew becomes a point of contention the city would want to follow up with the tribe. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Report from the Bylaws and Compensation Work Group Relat- ing to Time Limits for Speakers at Public Meetings City Manager Boyles reviewed the report on this topic dated January 25, 2016. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE TIME LIMITS FOR SPEAKERS AT PUBLIC MEETINGS. McGuire: Stated that the committee felt three minutes was too restrictive so they settled at seven minutes. Added that moving the forum to the end of the meeting has pros and cons. Suggested moving the city council meeting to start directly after the work session ends. Thompson: Commented she does not want to limit people but if the city has to set limits the work group has laid out restrictions. Morton: Explained with the proposed restrictions it only allows six people to talk at the Forum and she has concerns with not allowing all members of the public to speak if they wish. Noted that the staff oral report timing proposal is great but the larger projects may need more time for the public to hear all the aspects that go along with the report. Keeney: Stated he does not see a problem with the public forum. Commented that he thinks the time limit for the public hearing is a good idea so members of the public can prepare accordingly. Added he likes the idea of the forum in the beginning so people are not waiting around until the end of the meeting and stated the brochure is a great idea to have the process laid out. Explained he would like to have ten minutes to chat people after the work session and before the meeting. Hedberg: Stated in the few occasions the city has had a lot of people who wanted to speak, they have asked those speaking to keep their time down. Explained that he is ok with the limits be- cause the council can consider expanding the forum if need be. Morton: Expressed her understanding but when it is in writing she feels like it comes has a hard and fast rule causing her concerns. McGuire: Added that he does not agree with letting people come back and rebut which is not the purpose of the forum or public hearing. Commented that people have a right to say what they wish but if another person speaks and they do not agree, he does not think they should be able to speak again to rebut comments. Keeney: Stated rebut is not the right word but maybe if the conversation changes he does not want to limit people to express their opinions. Hedberg: Noted the city council is under structured speech and not free speech. Stated he is torn toward the encouragement side of the debate. DRAFT 01 25 16 City Council Meeting Minutes 4 Keeney: Added he thinks it should be clear whatever the council’s decision is. Suggested that if a staff report needs to be longer then it can be stated on the agenda subject to council approval. MOTION BY KEENEY, SECOND BY MCGUIRE TO AMEND THE AGENDA BY ALLOWING THE CITY MANAGER TO REQUEST ADDITIONAL TIME DURING STAFF REPORTS WHEN NOTED ON THE AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Keeney: Asked for clarification that the public forum is not moving to the end. Hedberg: Responded no. Noted his thanks to the Bylaws and Compensation Committee. 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 City Manager Boyles listed the properties going to be discussed during the executive session re- garding land acquisition strategy with respect to TH 13/150th Intersection Improvement Project. 15033 Hwy 13 S 6466 150th Street 6340 150th Street 14994 Estate Avenue Together with: 6366 150th Street Section 30 Township 115 Range 021 Government Lot 7 Commencing 360’ N & 30’ E of SW COR, E 150’, S 62’ TO NW ROW HWY 13, SW ALONG ROW TO INT OF LINE PARALLEL WITH & 30’ E OF W LINE GOVT 7, N 150’ TO Point of Beginning ADJOURNMENT FOR EXECUTIVE SESSION Mayor Hedberg adjourned the city council meeting for the executive session at 7:37 p.m. The ex- ecutive session was adjourned at 8:32 p.m. RESUMPTION OF THE CITY COUNCIL MEETING The mayor reported that the city council is just returning from executive session on land acquisi- tion matters and provided direction the the city attorney with respect to certain land acquisition is- sues associated with the TH13/ 150th Project. The city council will approve final action with re- spect to such acquisitions at a future public meeting at such time as they are concluded. DRAFT 01 25 16 City Council Meeting Minutes 5 ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded Keeney by to adjourn. The motion carried and the meeting adjourned at 8:35 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager