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HomeMy WebLinkAbout02 22 16 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES February 22, 2016 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 Schwarzhoff, Assistant City Manager Olson, Finance Director Uram, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Community / Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Recreation Coordinator Barstad 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. Dan Shower, 4397 Quincy Street SE: Handed out documentation to the council. Stated that he is challenging the allowed expansion of nonconforming use slips beyond the previously set the day the ordinance amendments were enacted. Questioned why the City Council is applying a slip ratio for controlled access lots to the property when previously Sunfish Bay waterfront was defined in several documents as a legal nonconforming controlled access lot. Explained that multiple City Codes clearly state any legal nonconforming lots which are legal prior to the date these amend- ments were enacted are permitted but any alterations that increase any nonconformity is not al- lowed. Stated in the letter sent to Sunfish Bay waterfront property owners that they can expand the usable number of slips to 23. Concluded that he believes that the council is selectively apply- ing portions of City Code to Sunfish Bay waterfront which is a nonconforming controlled access lot. Dave Celski, 4288 Bass Street SE: Stated that either Sunfish Bay has to be a controlled access lot or a legal nonconforming controlled access lot. Read the highlighted portions of the handouts (attached) and explained that Sunfish Bay falls under all instances of a nonconforming lot. Added that the City should apply the current codes that were in place before the letter from the City dated February 9, 2016 was sent. Keeney: Noted that Celski mentioned structure numerous times and asked if docks are consid- ered structures. Schwarzhoff: Responded that it depends on what that section of the City Code states. Cory Goracke Postle, 4322 Bass Street: Read an email between Sunfish Bay property owners that were present at the January 25, 2016 meeting: Although the city recognizes these are non- conforming lots, we need the shoreline regulation to apply to include not expanding use beyond the approval date of the ordinance. Whether or not expanding use refers beyond the date of the ordinance or to all potential uses up to the maximum use was mentioned as an outstanding ques- tion after the last meeting. It would be our assertion that it would not make sense that the intention of the ordinance would specifically call out nonconforming lots and to state that these lots cannot expand use past the maximum use as allotted. Given that we are now under this category of legal nonconforming controlled access lots we believe that the following does apply regardless of the fact that it may not have been specifically been the intention at the time of ordinance adoption. Added that there were questions about the issue to remove the moratorium. Stated she would like the moratorium removed and she would adhere to the ordinance as it applied over the last six months. McGuire: Suggested staff to report to the council on the next meeting on this issue. DRAFT 02 22 16 City Council Meeting Minutes 2 Hedberg: Agreed with McGuire for a staff report. Keeney: Stated he would like consent agenda item 5G to be removed for discussion. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE FEBRU- ARY 8, 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 Treasurers 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 an Ordinance 16-XX Terminating the Moratorium Established by Or- dinance Number 115-25 which Temporarily Prohibited any Installation or Placement on Docks, Extending from, and/or Accessed by Certain Property within the City of Prior Lake H. Consider Approval of a Resolution 16-019 Declaring the Official Intent of the City of Prior Lake to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City I. Consider Approval of a Resolution 16-020 Approving the County GIS Site Address Data- base Memorandum of Understanding (MOU) J. Consider Approval of a Resolution 16-021 Approving a Youth Member Appointment to the Community Safety Advisory Committee K. Consider Approval of a Resolution 16-022 in Support of the Prior Lake Spring Lake Wa- tershed District's Efforts to Secure State Bonding for a Flood Mitigation Package L. Consider Approval of a Schedule Establishing Key Dates and Topics Related to the 2017 Budget and 2017-2021 Capital Improvement Program (CIP) MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE OVERALL CONSENT AGENDA WITH THE REMOVAL OF AGENDA ITEM 5G. DRAFT 02 22 16 City Council Meeting Minutes 3 Keeney: Commented that it is typical that the city gets qualified candidates for the Community Safety Advisory Committee. Stated that the safety of youth in the city is a priority and the commit- tee needs to consider new avenues of danger such as social media and traditional dangers like drugs and car accidents. Concluded that the new student member should be able to help address these issues. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Year End Presentation from the Police Department Chief Elliott presented on this topic dated February 22, 2016 Keeney: Questioned what the city is doing to promote safety in our community. Believed that a robbery and burglary can really affect a person’s feeling of security. Stated that it is important to pay attention to the statistics and to make sure the city is making people feel safe in the commu- nity. Noted that the decrease in traffic stops could be interpreted as the city being safer or be- cause police are addressing it more. Commented he is glad the statistics are not increasing dra- matically. Hedberg: Suggested that it is a problem that the traffic stops declined 15% from 2014 to 2015. Explained that the community survey and the Community Safety Advisory Committee stated that distracted driving and traffic related issues is a growing problem. Believed that the City was not adequately staffed and with additional staff he hopes this will increase the traffic stops. McGuire: Stated the statics are important and in the past these items were discussed in a work session and feels that works better. Added that the staffing plan should be done before the statis- tics are reviewed. Keeney: Commented that he appreciates the three Conservation Officers at SMSC that assist with the community. PUBLIC HEARINGS No public hearing scheduled. OLD BUSINESS 8A Consider Approval of an Ordinance Amendment Revising the City’s Official Fee Sched- ule by Establishing Water and Sanitary Sewer Rates for 2016 Finance Director Uram reviewed the report on this topic dated February 22, 2016 MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE ORDINANCE 16-02 REVIS- ING THE CITY’S OFFICAL FEE SCHEDULE BY ESTABLISHING WATER AND SANITARY SEWER RATES FOR 2016 Keeney: Stated water and sewer are services the city has to provide and staff can look at ways to reduce the costs but the City is undertaking the water sewer system the best way they can. Hedberg: Explained that the sustained increase related to maintenance are for replacements and it is more utility work than anticipated. Thompson: Thanked Katy and Don for delaying the replacement of a pipe. Hedberg: Agreed because it saved 25 cents off the proposed rate. DRAFT 02 22 16 City Council Meeting Minutes 4 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Supporting the Metropolitan Council Governance Reform City Manager Boyles reviewed the report on this topic dated February 08, 2016 and introduced Gary Shelton, Scott County Administrator to review the principles. Gary Shelton: Stated he is here to advocate that the council to adopt a resolution to endorse proposed principles with respect to the Metropolitan Council. Explained there are four suburban counties who are spearheading the effort to ask cities to approve these principle changes. Stated the Metropolitan Council established in 1967 and their duties expanded over the years. Explained the Metropolitan Council originally was needed to oversee land management but now includes sewer systems, transportation, water systems, livable communities, and a wide variety that the Metropolitan Council is directly involved in. Stated the suburban counties do not want to see the Metropolitan Council disappear but the counties want a regional governance by elected officials rather than officials appointed by the governor. Explained that the Metro Cities attended the first two meetings but then decided to withdraw because the Metro Cities has no intentions of changing nor having discussions of changing. Stated that Metro Cities did send out an email outlining their concerns mainly dealing with the conflict of interest of city officials serving on re- gional bodies. Shelton suggested there are many city officials who serve on regional boards. Stated out of the 404 metropolitan planning organizations in the United States, the Metropolitan Council is the only one without elected officials. Read off the principles for Metropolitan Council Reform: I. A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region. II. Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council. III. Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council. IV. The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor. V. Membership on the Metropolitan Council shall include representation from every metropolitan county government. VI. The Metropolitan Council shall represent the entire region, therefore voting shall be struc- tured based on population and incorporate a system of checks and balances. Stated this reform is not about money, it is not about disbanding the Metropolitan, it is not about equity or THRIVE2040; it is strictly about what is a good governance structure. Explained this reform was originally started with all seven suburban counties; in 2011 the seven counties passed five principles; the only principle not included was the city controlling their own process. Believed that Hennepin and Ramsey opted out because a change in staff at the Metropolitan Council would be in their favor so they backed away. Stated Washington County dropped out because they felt continued participation might risk the Metropolitan Council support for the Gateway Corridor Transportation project. Explained that this reform has been considered by four cities in Scott County as well as outside of Scott County: Savage opted out because they DRAFT 02 22 16 City Council Meeting Minutes 5 support SCALEs Legislative Platform on the Metropolitan Council; Shakopee approved on a 3 to 2 vote; Jordan passed the reform unanimously; New Prague approved 4 to 1 who initially thought they should bow out because they are not subject to Metropolitan Council rules but they supported this because the transportation and trails in the county are influenced to their taxpay- ers. Stated the Scott County board adopted this reform. Concluded if the counties and cities can demonstrate that a change is needed in regional government then the region might be able to move the legislation forward. Morton: Stated she supports any effort to bring accountability to an unelected board of officials to the metropolitan area. Asked what the status on Albright’s bill. Shelton: Responded that the bill has just been filed so the legislative session has not started but by mid-March it may get some hearings or be part of a transportation bill. McGuire: Asked for a brief summary of the AMM bill and what is being proposed here? Shelton: Answered the Metro Cities or what you call AMM position is to maintain the status quo and support the Metropolitan Council. Continued that the only difference is the Metro Cities sup- port staggered terms. Explained that the bill has passed legislation twice but Pawlenty and Dayton both vetoed the bill stating staggered terms would make the council less accountable. Keeney: Stated he feels that non-expert people would not function well in those roles. Com- mented that he strongly supports local elected officials should have representation on the Metro- politan Council which is a council that dramatically influences cities. Hedberg: Stated he had a meeting with State Senator Pratt who had already or was about to sign on as a co-author for the senate version of Albright’s bill. Noted the principles that are outlined by the reform do not line up with the bill. Stated that the council has a recommendation here that he wants to support but there are presented bills that do not match up, and the Metro Cities does not support the reform. Explained that he sees organizations running off in different ways and a proper coalition is not being created so he wants to give support to the Metropolitan Council re- form but make sure we are moving together. Stated the current Metropolitan Council has a huge operating responsibility as well as coordination of planning which makes it a lot harder. Explained that coordinating regional planning is a different job than operating the actual task. Concluded that he is concerned about how to build the correct coalition and would prefer to narrow the set of prin- ciples. Morton: Stated she does not see the different reform supporters at odds with each other because the principles presented are not one for one. Commented that she does not think there is any harm to show support on both forms in order to show there is a voice out there. Keeney: Added there is a danger in being too specific and agrees with the Mayor for a more gen- eral reform but he will vote in general support of the concepts. Thompson: Stated she likes going in for more because normally a person comes out of the legis- lative process with less anyway. Noted that providing detail explains the point of view better. Hedberg: Explained that he is not asking for less but just supporting at a broader level with his support for principles 1, 4, and 6. McGuire: Added he agrees there needs to be coalition but leans towards adopting it as it has been presented. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-023 SUP- PORTING THE METROPOLITAN COUNCIL GOVERNANCE REFORM Shelton: Suggested that the Albright bill is a starting point but not a final version. DRAFT 02 22 16 City Council Meeting Minutes 6 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Authorizing 2015 Year End Transfer from the Con- struction Fund to the Debt Service Fund for the Crest Avenue Rehabilitation Project Finance Director Uram reviewed the report on this topic dated February 22, 2016. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-024 AUTHOR- IZING THE 2015 YEAR END TRANSFER FROM THE CONSTRUCTION FUND TO THE DEBT SERVICE FUND FOR THE CREST AVENUE REHABILITATION PROJECT VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C Consider Approval of a Resolution Authorizing Final funding for the Welcome Avenue Industrial Park Improvement Project, City Project # 12-102. Finance Director Uram reviewed the report on this topic dated February 22, 2016. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-025 AU- THORIZING FINAL FUNDING FOR THE WELCOME AVENUE INDUSTRIAL PARK IMPROVE- MENT PROJECT, CITY PROJECT # 12-102 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5G Consider Approval of an Ordinance 16-03 Terminating the Moratorium Established by Ordinance Number 115-25 which Temporarily Prohibited any Installation or Placement on Docks, Extending From, and/or Accessed by Certain Property within the City of Prior Lake MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 16-XX TERMI- NATING THE MORATORIUM ESTABLISHED BY ORDINANCE NUMBER 115-25 WHICH TEM- PORARILY PROHIBITED ANY INSTALLATION OR PLACEMENT ON DOCKS, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE DRAFT 02 22 16 City Council Meeting Minutes 7 Thompson: Stated the residents of Sunfish Bay have brought ordinances to our attention that re- veal their property is based on a legal non-conforming lot so the residents are asking why the city is applying controlled access lots regulations to the waterfront. Schwarzhoff: Responded that the city has spent a lot of time on this confusing topic. Explained that there are 16 of these waterfronts existing in the city that were established before the city rules took place. Stated the consensus at the end of the workshop is that the city cannot resolve this issue; it is a dispute between property owners on how that lot can be used. Explained that the lot by definition is a controlled access lot but it cannot comply with our current ordinance since there is no homeowners association, it does not meet the width requirements; this lot does not qualify for 8 or 10 qualifications. Added that it is a controlled access lot but it is a non-conforming lot be- cause it does not meet the qualifications. Stated with a non-conforming lot, if you existed prior to the passing of the ordinance the city cannot force you to change. Stated the city looked back to what existed at that time but it is hard with boat slips because they change year to year and sea- son to season. Stated that under the current math when the ordinance was adopted they could have 23 boat slips and after the work session the City thought this issue was handled. Concluded if the property owners want to take other action between the property owners they have the au- thority to do that. Thompson: Asked what about the ordinances that the residents brought forth talking about non- conforming access lots. Schwarzhoff: Responded that yes Sunfish Bay is a non-conforming access lot which can keep what was originally in place when the ordinance was issued; however, the City cannot determine how many boat slips where in place at that time hence defaulting to the current code of 23 boat slips or one for every 18.75 lineal feet. Keeney: Stated he disagrees that the nonconformity is the boat slips but that it was the lack of the homeowners association, setbacks and such so the number of boat slips would still be conforming up until that number. Noted that expanding the number of boat slips does not make it a noncon- formity until it surpasses that number. Hedberg: Explained the issue he is hearing is the City has no way to document what was the ac- tual use hence the 23 boat slips unless the residents have documentary evidence. Keeney: Stated he disagrees even then it would still be 1 per 18.75 feet. Commented that it was inadvertent through poor constructing of the language where the City inadvertently regulate these lots at the time we passed this. Suggested the ordinance be clarified to address these noncon- forming lots. Schwarzhoff: Explained the legal nonconformity deals with issues such as size of the lot, the nonconformity does not address the number of docks. Stated Sunfish Bay would be allowed up to 23 if the requirements were met but they do not. Morton: Questioned if the City is going to consider evaluation, does it make sense to extend the moratorium? ORIGINAL MOTION WITHDRAWN BY THOMPSON, AND MCGUIRE MOTION BY MORTON, SECOND BY MCGUIRE TO NOT TERMINATE THE MORATORIUM ES- TABLISHED BY ORDINANCE NUMBER 115-25 WHICH TEMPORARILY PROHIBITED ANY IN- STALLATION OR PLACEMENT ON DOCKS, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE Keeney: Asked when the moratorium expires. Rogness: Answered April 21st 2016. Keeney: Stated the ice will likely be out by April 21st and residents will want to put in docks. Ex- plained he does not want to restrict residents from putting in their docks and if the ordinance is not clearer there will be litigation. DRAFT 02 22 16 City Council Meeting Minutes 8 Schwarzhoff: Noted City Council can still terminate the moratorium then make changes to the or- dinance. McGuire: Suggested staff to clarify the ordinance. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY KEENEY, SECOND BY MCGUIRE TO DIRECT STAFF TO AMEND THE ORDI- NANCE TO REGULATE THE DEDICATED ACCESS LOTS FOR LIMITED BOAT SLIPS AND BRING BACK TO THE MARCH 14TH 2016 MEETING Schwarzhoff: Suggested a new definition that would define a controlled access lot that do not have homeowners association documents will be defined and the only regulation will be that they can have one boat slip per 18.75 and the general DNR rules will be required. Thompson: Restated the reason this applies to Sunfish Bay is because the one slip per 18.75 feet of shoreline is not out of conformity making it controlled access but the land and the non-as- sociation issues make it nonconformity. Hedberg: Advised that is correct and by March 14th the city hopes to have language to make it clear. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS Boyles: Explained that on Monday, February 8th the Bureau of Indian Affairs sent the official 30- day notice for the ICO land. Stated he applied for the 30-day extension which was approved and we have until April 8th to comment. Added that a meeting has been scheduled with the members of the Shakopee Mdewakanton Sioux Community (SMSC) to talk about ICO. Stated he hoped that some concerns would be discussed including SMSC Land acquisition in the annexation area, the cost of sewer and water pipe under County Road 81 and our comment letter. Noted the SMSC and Scott County some time ago signed an agreement through which the right-of-way on old County Road 81 to be transferred to new County Road 81 which is important for the City since it is an extension of the sewer and water pipe to serve the annexation area in accordance with the comprehensive plan. Explained the City has been preparing to talk to members of the SMSC and if that fails, then the city would likely have to retain Don Baur of Perkins Coie. Baur has stated the City has until March 4 or 35 days for a full detailed response to be prepared by April 8. Concluded that he hopes that the meeting this week will lead the City and SMSC to a positive solution. Keeney: Stated the agreement with Scott County does make provisions for other local govern- ments to utilize that right-of -way for utilities and eliminates one of our large objections to this. Noted the remaining concerns are the annexation area, the city does not want to build a pipe to land that is not developed and just general expansion of tribal land within the city limits. Com- mented that if the city and SMSC can come to an agreement it ends the problems in general. DRAFT 02 22 16 City Council Meeting Minutes 9 Hedberg: Added the agreement needs to address specifically the utilities and other concerns that Councilor Keeney talked about. Stated he hopes to move these issues along quickly and if the terms are met the City will stand silent on the ICO application. Boyles: Questioned the council if they would be willing to meet as a special meeting to discuss this topic. Hedberg: Suggested a special meeting could be called providing a public notice three days be- fore. Thompson: Stated she received a call from a resident saying they have observed that snow has been being hauled for two weeks. Hedberg: Noted that there is a policy the City Council approves every year that notes this. Boyles: Replied that the City winter maintenance policy states snow is to be removed from cul- de-sacs as quickly as possible rather than leaving the snow pile to melt. This has been the city’s practice for at least 14 years. March is the snowiest month and the city tries to avoid situations where snow storage results in a safety hazard. Added that the council reviews the policy yearly and can change it but it seems appropriate to advise the affected property owners first. McGuire: Stated Shelton mentioned that New Prague opted out of the Metropolitan Council as well as Northfield because they are in two counties and to his knowledge there are no other cities in the metropolitan area that were given that option. 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 9:14 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager