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Home My WebLink About01 11 16 City Council Minutes 0o PRI() N � U 4646 Dakota Street SE Prior Lake, MN 55372 INNESO"r' REGULAR CITY COUNCIL MEETING MINUTES January 11, 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, City Engineer/ Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Community/ Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Project Engineer Thongvanh 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 MCGUIRE, SECOND BY KEENEY TO APPROVE THE AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE MINUTES OF THE DE- CEMBER 21, 2015 SPECIAL MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x 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 Resolution 16-001 Electing the Non-Waiver of Statutory Municipal Tort Liability Limits and Declining Excess Liability Insurance Coverage 1 C. Consider Approval of Resolution 16-002 Approving an Agreement with Spring Lake Township for the Collaborative Maintenance of Shared Roads and Authorizing the Mayor and Manager to Execute Same 9-. Consider Approval of a Cigarette I inonse for Kwik Trim Inn Elec— tion Eq iinmont F. Consider Approval of Resolution 16-003 Accepting Public Improvements for Jeffers Pond 7th Addition G. Consider Approval of Resolution 16-004 Approving the Sentencing to Serving (STS) Joint Powers Agreement for 2016 and Authorizing the Mayor and City Manager to Execute Same H. Consider Approval of Resolution 16-005 Establishing a School Zone on Five Hawks Ave- nue from Willow Wood Street to Priorwood Street Consider Approval of Resolution 16 XXX Authorizing ithorizing 2016 Dnliro Fleet P irnhacoc MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE OVERALL CONSENT AGENDA BUT DELETING ITEMS 5D, 5E, AND 51 FOR DISCUSSION. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS 6A Police Officer Maureen O'Hehir's Retirement Presentation Police Chief, Elliot presented some history about and recognizing the accomplishments of Ms. O'Hehir. Mayor Hedberg read the inscription on and presented a marble city sailboat plaque. 6B Police Officer Investiture Ceremony for: Jake Snyder, Nicholas Elenz, and Jonathan Cassman Police Chief, Elliot presented information on each of the new officers. Mayor Hedberg adminis- tered the oath of office to each. RECESS Mayor Hedberg declared a recess at 7:14 p.m. for people to take photos and offer congratula- tions. RECONVENE Mayor Hedberg reconvened the meeting at 7:18 p.m. PUBLIC HEARINGS 7A Public Hearing to Consider a Resolution Ordering Improvements for the 2016 Improve- ment Project Project Engineer Thongvanh reviewed the report on this topic dated January 11, 2016. Thompson: Questioned if the residents wanted the street width to change or to keep the width the same. Thongvanh: Responded that some residents wanted to stay with the 30 foot wide street and other residents thought it should be reduced to 28'. Thompson: Asked are street lights in the area? 01 1116 City Council Meeting Minutes 2 Thongvanh: Answered there are some lights in the newer development but overall there are min- imal lights. He added that there was also a mix from residents as to whether they want the street lights or preferred not to have the street lights. The city's standard is to have them at intersections when reconstruction projects are accomplished. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE IMPROVEMENT PROJECT PUBLIC HEARING AT 7:34 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Connie Engen, 14987 Manitou Road: Stated if the city digs up the original water pipe a lot of trees, sprinklers, and landscaping in yards will be ripped up. Questioned can the city leave the old water mains where they are and fill them with sand to avoid disrupting the landscaping? Norm Kinsley, 15132 Manitou Road: Questioned why the two lots owned by the city are not be- ing assessed and why does he have to pay 2% on top of the bond interest rate for administrative costs over the principal and interest.? Thongvanh: Answered normally the city does take out the old mains because they have to be mindful of other utilities. Added that simply moving the water mains may not be an option. Noted the city is still in the process of design where they try to avoid large trees and shrubs but anything in the right-of-way may be disrupted. Boyles: Explained typically lots assessed are only ones that use utilities and these two city lots are assumed to be future parkland. Added that statute does provide up to 2% can be charged over cost of interest for the payments made over the ten years. The administration of this debt is a real cost to the city. Hedberg: Noted the city's interest rate used to be set at 6% but about three years ago the city ap- proved a reduction down to 2%. Keeney: Commented that the written assessment policy is set by the City Council. Stated that it is not mandatory to pay the 2% if you pay the full assessment in a lump sum. Questioned are side- walks are being proposed? Thongvanh: Answered there are not sidewalks in the plan. Morton: Stated she thought it was at 75 basis points but now shows 90 basis points. Thongvanh: Responded that it includes bonding costs. Keeney: Questioned if trunk funds from the three lots to the north could be incorporated in the revenues to reduce costs since these parcels receive benefit from the project. Thongvanh: Stated it was a private development and that is paid through the development fee; trunk funds are part of those fees so the Assessment Review Committee could assess that pro- posal and report back to the city council. Hedberg: Commented that he would be in favor in evaluating the cost at a 28 foot size street. Keeney: Stated he is also in favor of the 28 foot street but would like to know which residents would prefer the 30 foot street or if there could be a mixed design. MOTION BY THOMPSON, SECOND BY KEENEY TO CLOSE THE PUBLIC HEARING AT 7:53 P.M. AND APPROVE RESOLUTION 16-006 ORDERING IMPROVEMENTS FOR THE 2016 IM- PROVEMENT PROJECT. VOTE Hedberg Keeney McGuire Morton Thompson 01 1116 City Council Meeting Minutes 3 Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. MOTION BY MCGUIRE, SECOND BY KEENEY DIRECTING STAFF THROUGH THE SPE- CIAL ASSESSMENT WORK GROUP TO EVALUATE AND RECOMMENDE WHETHER THE 28 FOOT WIDE ROAD AND APPLYING TRUNK FUNDS TO THE PROJECT WOULD BE AP- PROPRIATE. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 713 Public Hearing to Consider an Appeal from Joseph Einbinder to the denial of a Peddler License by the City Manager City Manager Boyles reviewed the report on this topic dated January 11, 2016. City Attorney Schwarzhoff explained the options of this public hearing. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE APPEAL HEARING FROM JOSEPH EINBINDER REGARDING THE REJECTED PEDDLER LICENSE AT 7:58 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Police Chief Elliot: Stated a background check was run per the ordinance for a peddler license. Explained a peddler license allows a person to go door to door, the city would like to make sure that person is not a safety risk to the public. The background for Joseph Einbinder came back with a fifth degree misdemeanor for assault in the City of Minneapolis in 2014. He suggested that the license be denied since the misdemeanor took place two years ago. Noted that in 2015 in Prior Lake there were 62 calls about the concerns from residents regarding peddlers at their door. Added Einbinder listed he has a license in six different cities so he looked into each cities pro- cess. He explained Shakopee and Lakeville do not require a background check; the City of Sav- age initially denied the license which was appealed then approved; Blaine only does a local back- ground check in Anoka County; Shoreview denied the license which was also appealed and ap- proved; Cottage Grove was denied but the Police Chief approved an appeal then granted the li- cense. Hedberg: Asked Elliot to explain the nature of the fifth degree assault. Elliot: Answered there are five different levels of assault resulting in bodily injury with fifth degree being the lowest. Morton: Questioned does the application ask the applicant to disclose if they have committed a crime? 01 1116 City Council Meeting Minutes 4 Elliot: Answered that it is not on the form. Keeney: Asked if the complaints from residents were from license or unlicensed peddlers. Elliot: Responded the majority are unlicensed but some of those peddlers are not required to have a license under state law or the constitution. Keeney: Questioned was the misdemeanor related to peddling activity? Elliot: Answered the misdemeanor was not related to soliciting. Joe Einbinder, 223 West 47th Street, Minneapolis, MN: Stated he is not a threat to the commu- nity and there are a couple of reasons he should be permitted a license. Explained that if the ap- plication asks if he has been convicted of a crime, he fully discloses everything. Stated he nor- mally submits a packet when he applies which includes his licenses in different cities and the vio- lation, a letter of recommendation, and his college transcripts. Added the conviction happened in March 2014 but the crime took place in April 2013. He stated it was an isolated incident that in- volved alcohol and he successfully completed an alcohol treatment course and a full year of pro- bation. Concluded he has never had a confrontation with any co-workers or customers and passed his packet to the City Council said he is one of the few workers who have been with the window company for three years. Morton: Questioned who Einbinder was representing. Einbinder: Answered the Window Store Home Improvements. Added they hold an A+ rating with the Better Business Bureau. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE APPEAL PUBLIC HEAR- ING AT 8:13 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Commented that since Einbinder is upfront about the crime when asked on other appli- cations, she does not have any objections to approving the appeal. McGuire: Stated he agrees with the staff recommendation as a denial and the process of the ap- peal coming before the City Council to decide. He added after hearing Einbinder talk about the is- sue, he supports approving the issuance of a license. Keeney: Explained that since the crime was not connected to the business activities, he does not see this as a danger to the community. Hedberg: Stated he supports the staff process and was glad to hear other cities take peddler li- censes serious as well by initially denying the license and then approving after an appeal. Added the packet of information is helpful. He supports approving the license. MOTION BY MORTON, SECOND BY THOMPSON TO CONSIDER APPROVAL OF THE PED- DLER LICENSE FOR JOSEPH EINBINDER. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 01 1116 City Council Meeting Minutes 5 X Public Hearing to Consider Approval of a Resolution for Off-Sale 3.2 Malt Liquor Li- cense for Kwik Trip Inc. City Manager Boyles reviewed the report on this topic dated January 11, 2016. MOTION BY MORTON, SECOND BY KEENEY TO OPEN THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR KWIK TRIP INC. PUBLIC HEARING AT 8:21 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. No members of the public spoke. MOTION BY MCGUIRE, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AT 8:22 P.M. AND APPROVE RESOLUTION 16-007 FOR AN OFF-SALE 3.2 MALT LIQUOR LICENSE FOR KWIK TRIP INC. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS No old business was scheduled. NEW BUSINESS 9A Consider Approval of Advisory Body Goals for 2016 City Manager Boyles reviewed the report on this topic dated January 11, 2016. MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE ADVISORY BODY GOALS FOR 2016. Thompson: Noted that there is not a goal addressing the development of downtown but she hears a lot of talk about it in the public and the desire for business in downtown Main Street. Hedberg: Stated the EDA should have a discussion about this. Keeney: Commented downtown development does get talked about with the EDA but he believes these goals are short term and the development is long term. Hedberg: Added he thinks it starts with parking then the area can grow from there. Keeney: Stated the downtown development is more than just an EDA topic. Hedberg: Suggested having a downtown task force. Morton: Explained that she appreciates the hard work and effort from the community that is put into the advisory committees. Keeney: Suggested a change to the Communications Technology Advisory Committee goal to help facilitate better communications to the public. 01 1116 City Council Meeting Minutes 6 VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B Consider Approval of the following Annual Meeting Business Items Pursuant to the By- laws City Manager Boyles reviewed the report on this topic dated January 11, 2016. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-008 DES- IGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Morton: Stated she is currently the chair for the Orderly Annexation Board and would like to stay on that board but she cannot be the SCALE Committee of the Whole Member. Thompson: Stated she cannot do the Planning Commission on Monday nights and wants to keep being the member for SCALE Committee of the Whole as well as Lakes advisory. Morton: Stated she will take the Planning Commission. McGuire: Agrees with his appointments. Suggested staff to look at the possibility of not using the newspaper for 2017. Keeney: He agrees to give up the Orderly Annexation Board Liaison and he is good with the rest. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE ANNUAL APPOINTMENTS AND OTHER MEETING BUSINESS AS MODIFIED. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 ❑x ❑x ❑x 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Boyles: Reviewed the City Council EDA and Advisory Committee Bylaw changes and reasons therefore. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CITY COUNCIL EDA AND ADVISORY COMMITTEE BYLAWS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x 01 1116 City Council Meeting Minutes 7 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 51) Consider Approval of a Cigarette License for Kwik Trip Inc Keeney: Questioned if the tobacco license covers e-cigarettes and regular cigarettes and are there compliance checks on both? Elliot: Answered that the license does cover both and the city does do compliance checks for both. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE THE CIGARETTE LICENSE FOR KWIK TRIP INC. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 5E Consider Approval of Resolution Approving the Purchase of Replacement Election Equipment Thompson: Asked is the city anticipating a ninth precinct soon? Boyles: Answered yes the city is anticipating another precinct within three years. Morton: Questioned if this is related to the state mandate which requires an update to the equip- ment by this election period. Boyles: Responded that there were regulations and registration that the state has to follow and it has to be done by the 2016 elections. Thompson: Stated she is not questioning the need for the equipment, she wanted clarification as to if it was going to sit on a shelf for years without use. Morton: Agrees with Thompson and stated if the city does not need the extra equipment why pur- chase it now. Boyles: Answered the cost is $8,475 per unit and this is to be used for 15 years. If we by the spare after the main purchase it is possible that it will have different features and integrate less transparently than if all are purchased at once. The tenth unit is a spare which will be used in the event of breakdown which occurs most often on the day of election. At that time no one else will have a spare they would loan to us so the results would be delayed especially because our elec- tions correspond with state and or federal elections where the turnout is high. Morton: Replied that she understands the logic to purchase it this year verses four years for now when it will end up costing more. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE A RESOLUTION 16-009 FOR THE PURCHASE OF REPLACEMENT ELECTION EQUIPMENT. 01 1116 City Council Meeting Minutes 8 VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 51 Consider Approval of Resolution Authorizing 2016 Police Fleet Purchases Morton: Stated in the past there was a condition report on each vehicle detailing the reasoning behind a replacement vehicle. Explained that she is not comfortable buying a vehicle without the details to ensure the city is not purchasing a vehicle just because it was budgeted. Gehler: Replied that squads are used for public safety so they are on a 100,000 mileage replace- ment cycle. Elliot: Stated by the time the replacements are ready for service later this year, the squads being replaced will be over 100,000 millage. Morton: Asked for confirmation as to if the retired car will be used by the city and the retired mo- torcycle will be sold. Elliot: Confirmed the retired car will be used by the parks department to get crews to and from job sites and the motorcycle is being sold since it has limited use. Thompson: Questioned is there more life in the current vehicles? Elliot: Replied that there is more life in these vehicles for non-police use. Explained the order deadline for squads is in February and the sooner the city gets the replacement vehicles the sooner the retired car can be utilized in the parks department. Thompson: Asked if the new vehicles have a longer life span. Elliot: Answered the vehicles have limited life because the city does not want to risk malfunction. Gehler: Noted a couple years ago the life cycle was 80,000 miles but the city changed it to match local cities. Morton: Asked can the city recycle the equipment? Elliot: Stated about $7,000 per vehicle is replaced because the equipment does not fit into the new vehicles. Hedberg: Questioned if more equipment will be reusable with these new vehicles in three to five years. Elliot: Answered yes if the manufacture makes the same model without changes. Gehler: Added historically the city did make the equipment last over two to three vehicles. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE A RESOLUTION 16-010 FOR THE PURCHASE OF 2016 POLICE FLEET PURCHASES. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x 0 ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS Hedberg: Noted at the SCALE meeting Brad Davis from Scott County highlighted four areas where the county and the city could collaborate together for cost savings. Those areas are Trans- portation, Housing Plan, Economic Development Area, and Water Resources. He is hopeful this 01 1116 City Council Meeting Minutes 9 effort will yield more efficiencies for Prior Lake specifically and for all Scott County public agencies generally. ADJOURNMENT With no further business brought before the Council, a motion was made by Morton and seconded Keeney by to adjourn. The motion carried and the meeting adjourned at 9:11 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye 0 0 0 0 0 Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Frank yle , 0(ty Manager 01 1116 City Council Meeting Minutes 10