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HomeMy WebLinkAbout03 14 16 Draft Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES March 14, 2016 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg, Councilors 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, Recreation Coordinator Barstad, Project Engineer Thongvanh, and Executive Assistant Schroeder. Councilor Keeney 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. Dr. Terry Staloch, Prior Lake-Savage Area Schools 4540 Tower Street NE: Presented the proposed 2016 referendum that will be voted on Tuesday, May 24, 2016. Stated that the Prior Lake-Savage area schools are growing faster than originally anticipated. Added a demographer projected that between now and 2020 there will be an increased 1,500 students throughout all grade levels. Explained that school districts in MN have a legal obligation to offer open enrollment where space is available and open enrollment helps maintain and retain students. Noted that the 2013-2014 school year open enrollment was the first time in history where the school had more students coming in rather than leaving. Stated that open enrollment helps maintain financial stabil- ity. Suggested the raising number of students may be due to new residents in the area or since the quality of education is 91% according to a recent survey of the Prior Lake-Savage area schools, it makes them a district of choice. Explained funds from the referendum would provide space for students, additions and renovations, technology for teaching and learning, enhancing security and other items. Added that the referendum is only a one-question ballot for a 129 million dollar 20-year bond request and a 2.125 million dollar per year 10-year technology levy. Stated that additional tax on an average valued property would be 31 dollars per month which is four dol- lars less than the original proposal referendum. Concluded that if the referendum does not pass, class size would continue to increase adding pressure on our schools, attendance boundaries may need to be changed and there would be limited ability to maintain classroom technology and innovative programming. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE AGENDA WITH THE AD- DITION OF ITEM 8B TO DISCUSS AN EXTENSION ON THE 2015 SEWER HOOKUP FEES FOR RESIDENTS AFFECTED BY THE MAPLE LANE, MUSHTOWN ROAD, PANAMA AVENUE IMPROVEMENT PROJECT VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. DRAFT 03 14 16 City Council Meeting Minutes 2 APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE FEB- RUARY 22, 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 a Resolution 16-026 Accepting the Developer Installed Improve- ments for Maple Glen 5th Addition, City Project #DEV12-000006 C. Consider Approval of Two Resolutions 16-xxx and 16-xxx Pertaining to the Prior Lake State Aid Routes: 1) Revoking Municipal State Aid Street Designation for MSAS 112 Chatonka Beach Ave- nue (non-existing), MSAS 115 135th Street (non-existing), MSAS 133 North Berens Road (non-existing), MSAS 121 Carriage Lane (non-existing), MSAS 126 Turner Frive (existing), and MSAS 124 Sunray Boulevard (existing) 2) Designating Municipal State Aid Street Designation for Extension of MSAS 105 Fish Point Road (Mushtown Road to Cottonwood Lane), Extension of MSAS 130 Arcadia Ave- nue (TH 13 to Colorado Street), MSAS 136 Mushtown Road (Fish Point Road to Village Lake Drive), MSAS 137 Toronto Avenue (Mushtown Road to Tower Street), and MSAS 138 Wilds Parkway (Mystic Lake Drive to 154th Street) D. Consider Approval of a Resolution 16-027 Authorizing the Mayor and City Manager to Ex- ecute an Amendment to the Verizon Water Tower Antenna Agreement at the Cedarwood Street Water Tower E. Consider Approval of a Resolution 16-028 Approving State of Minnesota Joint Powers Agreements with the City of Prior Lake on Behalf of its City Attorney and Police Depart- ment F. Consider Approval of a Report Regarding Amendments and Process for the Adoption of Controlled Access Lots Ordinance Amendments G. Consider Approval of a Resolution 16-029 Accepting the Police Forfeiture Fund Thompson: Requested item 5C to be removed. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE OVERALL CONSENT AGENDA WITH THE REMOVAL OF 5C. Thompson: Asked for clarification on item 5F to make sure the council is not approving the changes and only approving a report. Schwarzhoff: Responded that is correct. Explained this will go through the Planning Commission but staff wanted to run it by City Council to make sure there are not any red flags. Hedberg: Stated the Planning Commission may provide different language but the City Manager wanted to make sure this was in line with what the council was thinking. DRAFT 03 14 16 City Council Meeting Minutes 3 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 8A Consider Approval of a Resolution Accepting the Plans and Specifications and Author- izing the Advertisement for Bids for the Manitou Road Reconstruction Project Project Engineer Seng Thongvanh reviewed the report on this topic dated March 14, 2016 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-030 AC- CEPTING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE MANITOU ROAD RECONSTRUCTION PROJECT Morton: Stated the conversations she recalls discussed this option was a dangerous approach since this neighborhood has had issues with water main breaks. Asked if the City is putting itself at risk of saving money now but in the long term it will cost more. Thongvanh: Responded that the technology can be complicated and the City has not done a wa- ter pipe lining project before. Explained staff had concerns if the lining would break and what would be needed to fix the lining and the pipe. Stated the leaking valves would be replaced and the proposed new line along County Road 21 would provide an isolation area that would allow the pipes to be turned off and repaired in the event they break. Morton: Questioned when the street is up for construction for the pipes to be redone at the same time. Thongvanh: Answered this road is not in our current CIP. Morton: Suggested that it may be an eight to ten year horizon at the earliest. Thongvanh: Replied that is a good guess. Morton: Asked if the new section can be used to provide service while the new repair is being done. Thongvanh: Stated the biggest concern when there is a break is serving the north portion. Ex- plained when there is a break, that section can be shut off and the new line can still provide ser- vice to the north. Morton: Questioned the roadway disruption this new line along County Road 21 will cause. Thongvanh: Responded that there is city property and a county trail. The new waterline is planned to go on the back of the boulevard in green space area. Hedberg: Asked if staff has worked with the county on the procedures for installing the utilities. Thongvanh: Replied that staff will check with the county if this is approved but there is not a lot on the county side. Thompson: Questioned if this new line along County Road 21 is a backup utility and if it would take pressure off the current line. Thongvanh: Responded that the new line along County Road 21 as recommended by staff is a secondary route for the water but once the north development fills in, it will be a main line. DRAFT 03 14 16 City Council Meeting Minutes 4 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒☐☒ ☒ ☒ Nay ☐☐☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ Absent ☐ ☒☐ ☐ ☐ The motion carried. 8B Consider Approving an Extension on the 2015 Sewer Hookup Fees for Residents Af- fected by the Maple Lane, Mushtown Road, Panama Avenue Improvement Project MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE THE EXTENSION OF THE 2015 SEWER HOOKUP FEES FOR RESIDENTS AFFECTED BY THE MAPLE LANE, MUSHTOWN ROAD, PANAMA AVENUE IMPROVEMENT PROJECT UNTIL SEPTEMBER 25, 2016. Schwarzhoff: Commented that applying a specific City fee differently to one group as opposed to others could conflict with the statute. Noted state statute states fees be just and acceptable. Ex- plained persons could argue just because some residents have chosen to delay connecting and getting their permit, does not mean that person should have to pay the same fee as the year be- fore rather than the current fee. Suggested that she does not recommend doing this unless the city council intends to extend the 2015 permit fees for all applicants. Thompson: Stated a current construction project is significantly different from a new construction project. Asked if it could be worded that any project that started at a certain point. Morton: Stated that the residents did not have time to pull their permits because the final decision on the final assessment was not made until she believes the first meeting in October 2015. Added she respects what Schwarzhoff is saying but then maybe the council should make this extension for everyone. McGuire: Stated he concurs for this project. Suggested the City Attorney do some research, even though he is concerned about the fees for this research. SUBSTITUTE MOTION BY MCGUIRE, SECOND BY HEDBERG TO TABLE THIS ITEM UNTIL A LATER CITY COUNCIL MEETING. Thompson: Asked if Schwarzhoff could come up with verbiage that would work. Schwarzhoff: Responded that she can do more research on the topic for the next meeting. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒☐☒☐☒ Nay ☐☐☐ ☒☐ Abstain ☐☐ ☐☐☐ Absent ☐ ☒☐☐☐ The motion carried. MOTION BY MCGUIRE, SECOND BY THOMPSON TO DIRECT STAFF TO PREPARE RE- PORT FOR CONSIDERATION AT A FUTURE CITY COUNCIL MEETING. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒☐☒☐☒ Nay ☐☐☐ ☒☐ Abstain ☐☐ ☐☐☐ Absent ☐☒☐☐☐ DRAFT 03 14 16 City Council Meeting Minutes 5 The motion carried. NEW BUSINESS 9A Consider Approval of an Ordinance to Section 3 of the Prior Lake City Code Relating to Community Events Recreation Coordinator Barstad reviewed the report on this topic dated March 14, 2016. Schwarzhoff: Stated there are two amendments that were made after the agenda packets were posted. Explained the ordinance allows 12 months for Lakefront Days, Music Fest and possible the Farmers Market to schedule their events then 9 months for everyone else to schedule events. Added group 1 for co-sponsored events and group 2 for non-profit events would not pay an appli- cation fee. Stated the ordinance will require the applicant to provide projected revenues and ex- penses as well as prior year’s revenues and expense to be considered when granting a waiver. McGuire: Stated he supports the changes but does not support the Farmers Market receiving special treatment for scheduling or pricing because it is a for profit organization. Schwarzhoff: Replied the only reason it is on the list is that the Farmers Market is a reoccurring event. Barstad: Explained the Farmers Market falls into group 3 so fees are not waived. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE ORDINANCE 116-03 ADDING TO SECTION 3 OF THE PRIOR LAKE CITY CODE RELATING TO COMMUNITY EVENTS WITH THE EXCEPTION OF FARMERS MARKET AND TO APPROVE RESOLUTION 16-031 FOR THE SUMMARY OF ORDINANCE 116-03 AND ORDERING THE PUBLICATION OF SAID SUMMARY Thompson: Believed the Farmers Market should be on the list for the extended amount of sched- uling time because it is an ongoing event. McGuire: Stated there are other groups that are reoccurring that are not on the list and believes other people would like to have Main Street closed as well. Hedberg: Commented that he agrees with Thompson allowing the Farmers Market to have scheduling priority. Stated he thinks the 75% Prior Lake residency for their members in non-profit organizations is unrealistic because there are members who do not live in Prior Lake but are valid members of Prior Lake groups. Boyles: Requested the percentage to be deleted all together because staff would need to go through the records creating a lot of work for not a great deal of purpose. Morton: Suggested using a mailing address to determine if they are a resident or a residential business. MOTION BY HEDBERG, SECOND BY MCGUIRE AMENDING THE ORDINANCE TO STRIKE THE RESIDENCY PERCENTAGE AND MAKE THE CRITERIA OF RESIDENCY THE MAILING ADDRESS OF THE NON-PROFIT GROUP. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion to amend carried. DRAFT 03 14 16 City Council Meeting Minutes 6 Morton: Stated she is torn on the long standing tradition for the Farmers Market but she has to admit they are a for profit. Suggested if there is another applicant for the same day it would be- come a timeline issue that would have to be sorted out. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The main motion carried. Barstad: Asked for clarification to start recovering costs in 2016 or 2017 since some are covered and some or not. Morton: Stated it is too late for this year to recover costs and suggested to go with current prac- tice. McGuire: Commented that he agrees to go with current practice until 2017. Thompson: Stated we should recover our costs but she is fine either way. MOTION BY HEDBERG, SECOND MORTON TO STAY WITH CURRENT PRICING PRAC- TICES UNTIL 2017 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Designating the Prior Lake Area Chamber of Com- merce a City Co-Sponsorship for the 2016 Lakefront Days Recreation Coordinator Barstad reviewed the report on this topic dated March 14, 2016. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-032 DES- IGNATING THE PRIOR LAKE AREA CHAMBER OF COMMERCE A CITY CO-SPONSOR FOR THE 2016 LAKEFRONT DAYS VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. 9C Consider Approval of an Ordinance Amending (1) Subsection 1101.503 Yard Encroach- ments, (2) Subsection 1102.506 R-2 Dimensional Standards, and (3) Subsection 1102.700 Residential Performance Standards Community / Economic Development Director Rogness reviewed the report on this topic dated March 14, 2016. DRAFT 03 14 16 City Council Meeting Minutes 7 MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE ORDINANCE 116-XX AMENDING (1) SUBSECTION 1101.503 YARD ENCROACHMENTS, (2) SUBSECTION 1102.506 R-2 DIMENSIONAL STANDARDS, AND (3) SUBSECTION 1102.700 RESIDENTIAL PERFORMANCE STANDARDS AND TO APPROVE RESOLUTION 16-XXX FOR THE SUM- MARY OF ORDINANCE 116-XX AND ORDERING THE PUBLICATION OF SAID SUMMARY Morton: Asked why the City is changing the ordinance verses the developer asking for a vari- ance. Rogness: Responded the reason staff does not recommend a variance is that it is focused on a particular lot or specific lots; it does not work well with large developments. Added the PUD is an- other option but PUDs are mix of unit types and lot sizes; this development only has two types of single-family lots, it does not have a PUD quality. Morton: Questioned that any other development could have this smaller lot size and have 7.5 verses 10 on the side yard setbacks. Stated she feels like it is the wrong action to take and maybe a PUD could work. Rogness: Stated Prior Lake will see more of these developments coming forward because there is a desire to have a smaller lot with an expensive home. Suggested another route could be a 70’ lot but the R2 the City has today goes down to a 60’ lot. Stated this is a new trend for more stand- ard proposals. Noted the City has many non-conforming lots that have 5’ setbacks which is al- lowed as long as you maintain 15’ in total between homes. Morton: Noted these properties have non-conforming status and or a variance, not because the City changed our ordinance. Suggested these are mainly teardown and rebuilt homes. Rogness: Responded that there are quite a few non-conforming homes in older developments. Thompson: Stated she is not in favor of changing the City ordinance at this time because of a trend. Rogness: Explained this was a planning commission public hearing in February and there were no resident comments on the amendments. Hedberg: Stated he is not in favor of this ordinance change because open space is a characteris- tic of Prior Lake. Explained that the open space should be 40% and thinks it is important to have open space requirements for developers. Suggested the developer tries to get a PUD. Added that there may be a higher demand for entry-level homes resulting in denser developments. McGuire: Agreed with Hedberg about the open space but feels 40% would be too hard to obtain. Stated he thinks a PUD would make more sense. Hedberg: Concluded this should go back through the Planning Commission if the motion fails. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☒ ☐ ☒ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion failed. 9D Consider Approval of an Ordinance Amending Section 3 of the Prior Lake City Code Relating to Peddlers Police Chief Elliott reviewed the report on this topic dated March 14, 2016. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 116-04 AMENDING SECTION 3 OF THE PRIOR LAKE CITY CODE RELATING TO PEDDLERS AND TO APPROVE RESOLUTION 16-033 FOR THE SUMMARY OF ORDINANCE 116-XX AND OR- DERING THE PUBLICATION OF SAID SUMMARY. DRAFT 03 14 16 City Council Meeting Minutes 8 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5C Consider Approval of Two Resolutions and Pertaining to the Prior Lake State Aid Routes: 1) Revoking Municipal State Aid Street Designation for MSAS 112 Chatonka Beach Ave- nue (non-existing), MSAS 115 135th Street (non-existing), MSAS 133 North Berens Road (non-existing), MSAS 121 Carriage Lane (non-existing), MSAS 126 Turner Frive (existing), and MSAS 124 Sunray Boulevard (existing) 2) Designating Municipal State Aid Street Designation for Extension of MSAS 105 Fish Point Road (Mushtown Road to Cottonwood Lane), Extension of MSAS 130 Arcadia Ave- nue (TH 13 to Colorado Street), MSAS 136 Mushtown Road (Fish Point Road to Village Lake Drive), MSAS 137 Toronto Avenue (Mushtown Road to Tower Street), and MSAS 138 Wilds Parkway (Mystic Lake Drive to 154th Street) City Engineer / Inspections Director Poppler reviewed the report on this topic dated March 14, 2016. Thompson: Asked why the Arcadia extension is on the designation list when it is a possibility that road will not be built. Poppler: Responded that the Arcadia extension is in the CIP therefore it is on this designation list so that the City may have a funding source for that road. Hedberg: Stated it could be taken off the CIP plan but it does not remove it from future devel- opment since it is called for by the city’s comprehensive plan. Morton: Questioned why Duluth is not on this list. Poppler: Replied that Duluth is already on the State Aid. Thompson: Stated the City will be working on the 2040 comp plan and would this be part of the discussion. Hedberg: Stated yes our roadway network is a critical section to be discussed. Boyles: Added the purpose of the state aid is to get as close as the City can to the actual street mileage allocation from the State to benefit from state aid and this can always be amended. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-034 AND RESOLUTION 16-035 TO APPROVE THE STATE AID ROUTES (1) REVOKING MU- NICIPAL STATE AID STREET DESIGNATION FOR MSAS 112 CHATONKA BEACH AVENUE (NON-EXISTING), MSAS 115 135TH STREET (NON-EXISTING), MSAS 133 NORTH BERENS ROAD (NON-EXISTING), MSAS 121 CARRIAGE LANE (NON-EXISTING), MSAS 126 TURNER FRIVE (EXISTING), AND MSAS 124 SUNRAY BOULEVARD (EXISTING) (2) DESIG- NATING MUNICIPAL STATE AID STREET DESIGNATION FOR EXTENSION OF MSAS 105 FISH POINT ROAD (MUSHTOWN ROAD TO COTTONWOOD LANE), EXTENSION OF MSAS 130 ARCADIA AVENUE (TH 13 TO COLORADO STREET), MSAS 136 MUSHTOWN ROAD (FISH POINT ROAD TO VILLAGE LAKE DRIVE), MSAS 137 TORONTO AVENUE (MUSH- TOWN ROAD TO TOWER STREET), AND MSAS 138 WILDS PARKWAY (MYSTIC LAKE DRIVE TO 154TH STREET) DRAFT 03 14 16 City Council Meeting Minutes 9 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS Morton: Stated the Prior Lake Spring Lake Township is moving forward with a $3,000 plan for a program regarding water conservation that recognizes community efforts. Hedberg: Stated at the Regional Council of Mayors meeting the topics were all about water con- servation as well. At that meeting there were highlights for grant programs and legislation that may make additional conservation for various water supply issues. 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 9:00 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager