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HomeMy WebLinkAbout04 11 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 11, 2016 CALL TO ORDER The meeting was called to order at 7:01 p.m. Present were Mayor Hedberg, Councilors Keeney, Morton, McGuire and Thompson, City Manager Boyles, City Attorney Schwarzhoff, Finance Director Uram, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Community / Economic Development Director Rogness, Police Chief Elliott, Building Official Hutchins, Code Enforcement Officer Stefanisko 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. Curt Hennes, 17286 Sunset Trail: Stated he is the Board Chair of the Prior Lake Spring Lake Watershed District and thanked the City and Pete Young, the Water Resources Engineer, for the assistance with the Fish Point project. Noted there will be a public ceremony at Fish Point Park once the vegetation starts growing. Shared there will be a 4th Annual Carp Tournament on Satur- day, May 21st. Stated there will be a spring cleanup at Sand Point Park and there is a shoreline preservation project coming up on County Road 12 down from Spring Lake Estates which will show three different ways of mitigating shoreline erosion with riprap, rock, and vegetation. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE THE AGENDA. Boyles: Requested the staff report for agenda item 6C be extended to 15 minutes rather than the allowed 10 minutes. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE MARCH 28, 2016 REGULAR MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☒ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. DRAFT 04 11 16 City Council Meeting Minutes 2 CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of a Resolution 16-042 Approving Northstar Search & Rescue Prem- ise Permit for Lawful Gambling C. Consider Approval of a Resolution 16-043 Authorizing the 2016 Insurance Policy Renew- als D. Consider Approval of a Resolution 16-044 Approving the EDA 2015 Annual Report E. Consider Approval of a Resolution 16-045 Approving 2016 Street Maintenance Services through the South Metro JPA and Authorizing the Expenditure of $190,000 for the Same F. Consider Approval of a Resolution 16-046 Authorizing the City Manager to Execute an Annual Contract between the City of Prior Lake and The Cooperative Purchasing Venture for Road Salt G. Consider Approval of a Resolution 16-047 Approving a Minor Amendment to the Final Planned Unit Development (PUD) Plan for Crystal Bay MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE OVERALL CONSENT AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Sergeant Promotional Ceremony Police Chief Elliott presented on this topic dated April 11, 2016 6B Police Officers Investiture Ceremony Police Chief Elliott presented on this topic dated April 11, 2016 RECESS Hedberg declared a recess at 7:16 p.m. for people to take photos and exit. RECONVENE Hedberg reconvened the meeting at 7:24 p.m. 6C Code Enforcement Annual Report Code Enforcement Officer Stefanisko presented on this topic dated April 11, 2016 Hedberg: Questioned how many cases involve one property owner lodging an invalid complaint against another resident and how are these cases handled. Stefanisko: Responded about 10-15 times per year. Stated in these cases he passes along the non-violation to the reporter if they have given their name. Keeney: Asked if a report still exists showing a list of properties that require more maintenance. DRAFT 04 11 16 City Council Meeting Minutes 3 Stefanisko: Answered there is a top five list and that the City works with to clear up the violation and as long as the person is working with the City, they are on that list. Stated this is not a stag- nant list and the severity of corrections goes up and down on a rotating list of about 25 properties since he started. Hedberg: Stated Stefanisko’s efforts on getting 90% voluntary compliance is very much appreci- ated and he thinks it has made a difference in the areas that used to have chronic problems. Keeney: Requested staff to come up with proactive enforcement for people claiming the issues have always been in violation. Stefanisko: Responded that he does come across these scenarios but it defaults back to the sur- vey of the property and even though it has been like that it needs to adhere to current ordinances. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE 2015 YEAR END CODE ENFORCEMENT REPORT AND DIRECT STAFF TO REVIEW CITY CODE SECTIONS 315, 601,AND 1102. Morton: Questioned what sections 315, 601, and 1102 cover. Stefanisko: Answered section 315 covers short-term rentals which the City will look at parking issues for island properties. Stated section 601 is for private storage and section 1102 is for recre- ational storage that we would like to align with a recent fence ordinance change. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PUBLIC HEARINGS No Public Hearing Scheduled OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Resolution Authorizing the Negotiated Sale of General Obliga- tion Bonds, Series 2016A Finance Director Uram reviewed the report on this topic dated April 11, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-048 AU- THORIZING THE NEGOTIATED SALE OF GENERAL OBLIGATION BONDS, SERIES 2016A. Morton: Asked if the City is paying one and three-quarter points for the funding package being put together and is the overall impact in the net-inclusive cost or all-inclusive cost with a projected cost of 2.15%. Uram: Responded that is correct all-inclusive cost. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ DRAFT 04 11 16 City Council Meeting Minutes 4 The motion carried. 9B Consider Approval of a Resolution Declaring the Structures on the Property Located at 15947 Sunfish Trail SE Hazardous Structures Pursuant to Minnesota Statutes Sections 463.15 to 463.261, Minnesota State Building Code and City Code Sections 605 and 609 and Ordering the Structures be Repaired, Razed or Removed Building Official Hutchins reviewed the report on this topic dated April 11, 2016 Hedberg: Stated this is one of the most extreme actions the council has to take requiring a prop- erty to be repaired or razed. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-049 DE- CLARING THE STRUCTURES ON THE PROPERTY LOCATED AT 15947 SUNFISH TRAIL SE HAZARDOUS STRUCTURES PURSUANT TO MINNESOTA STATUTES SECTIONS 463.15 TO 463.261, MINNESOTA STATE BUILDING CODE AND CITY CODE SECTIONS 605 AND 609 AND ORDERING THE STRUCTURES BE REPAIRED, RAZED OR REMOVED. Morton: Asked if there was any evidence from young adults partying in the vacant property which puts risk to these young adults in the community. Hutchins: Responded there was snow in the structure during the March inspection and there did not appear to be any tracks or indication of people in the structure but stated there was mice and vermin. Hedberg: Noted the County Medical Director, Dr. Wilcox, talks about evidence of animal drop- pings and several large piles of garbage in the report. Stated someone had to leave the garbage whether it was the owners or squatters. Keeney: Asked for confirmation that there has not been a response from the property owner. Hutchins: Answered that the City has not received anything from the owner and this has been going on for years. Morton: Questioned that the owner really does not have anything to say. Stefanisko: Responded that he has been in court for the property to be demolished and the owner knows it needs to be demolished but it has not been done. Boyles: Stated he had email communication with the owner that morning, Coffman, who re- quested to address the council. Explained to Coffman that he could speak at the public forum. Morton: Asked since this has been going on since 2012, if the City takes action is Coffman going to do anything or will it fall onto the City to assess the cost back to Coffman? Stefanisko: Responded based on the past he thinks nothing will be addressed but the owner does have an additional 30 days after being notified to address it. Morton: Questioned if Coffman will not do anything, what is the cost to remove that property? Hutchins: Responded that the City has three bids to remove the house and the garage with the lowest bid coming in at $15,000. Noted this cost does not include the hazardous materials and as- bestos that will need to be disposed of and it does not include attorney fees. Hedberg: Clarified that Coffman would not be assessed rather the property would have a lean against it and be settled when the property is sold. Hutchins: Stated that is correct and the last time this happened for the City was in 2005 with a burnt house. Explained the same actions were taken, the attorney fees and razed fees are as- sessed to the property. Keeney: Asked if there is any other method to get this done without the owner incurring attorney and legal fees. Hutchins: Stated if the owner would raze the house on their own, they would not incur the City fees. Schwarzhoff: Explained the City can enter into a voluntary abatement agreement where the fees could be much lower. DRAFT 04 11 16 City Council Meeting Minutes 5 Poppler: Added the City did lay that out to the property owner but there was no corporation for that option. Keeney: Asked if there is any known reason the owner would not want to do that. Poppler: Believed it has to do with the costs. Hedberg: Concluded this happens rarely but the City Council has to take action when there is a genuine health hazard. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C Consider Approval of a Resolution Authorizing the Purchase of Building Permit Soft- ware to Replace Existing 17 Year Old Software City Engineer / Inspections Director Poppler reviewed the report on this topic dated April 11, 2016 McGuire: Asked if the purchase would cause a higher levy or is it strictly coming out of the permit fees. Poppler: Responded the software upfront is almost $100,000 and the City has budgeted $38,000 for 2016 since BS&A has offered to spread out the $100,000 cost over three years which affects the levy. Continued that the building permit fees balance out those costs. McGuire: Stated it would not really affect the levy it would take cost from the building permit fees. Hedberg: Stated the total budget is $580k, asked if that includes code enforcement. Poppler: Responded yes it does. Hedberg: Commented with that separated out it is roughly $500k. Asked what the fees the City collects are. Poppler: Answered the City collected $2 million last year which is spread over a number of funds, $725k goes against the general fund and the $585k cost includes overhead. Hedberg: Explained the government supports and regulates development which is paid for by de- velopment. Stated the City collects over $700k in fees from developers into our general fund as well as more for other funds. Poppler: Responded yes this is paid for by development. Thompson: Noted this is a needed system, the team did great research and narrowed it down from seven companies to two companies. Stated she likes BS&A since it is compatible with the current finance system. Added the Logis software has a variable fee which she does not like whereas the BS&A software is fixed fee. Morton: Advised that annual maintenance costs can change at any time. Asked what baseline was used to calculate the annual cost of the $26,460. Poppler: Answered the 2014 activity was used which had similar housing starts to this year. Hedberg: Noted Councilor Thompson is the liaison for the Communications Technology Advisory Committee so he supports Thompson’s point of view. Stated the City has experience with BS&A and knows the software is capable. Asked how the additional services from BS&A compare with Logis. Poppler: Responded that Logis does things on an annual basis. Stated he was confident in their ability to convert the City’s data. Hedberg: Added conversions and pay-as-you-go plans can become costly. Keeney: Stated he is struck by the cost of Logis being so high. Questioned if there was an expla- nation as to why the annual cost is so much higher, is it more deluxe or more efficient? DRAFT 04 11 16 City Council Meeting Minutes 6 Poppler: Answered Logis is a non-profit which has many employees to support their cities and other software programs. Stated he asked a couple times to make sure it is their best price and Logis responded it was. Keeney: Noted the City is including the code enforcement and zoning permits. Asked if there is a service level agreement for the maintenance. Poppler: Explained the BS&A is similar to the finance software that we use and they assured it was going to be around that rate going forward. Added that he and other staff visited cities that have this software to view the program without the vendor around to get their honest opinion. Keeney: Stated BS&A requires hardware and asked if it is included in the initial price or do we have to purchase more servers? Poppler: Responded staff does believe our existing servers will handle the new software and the other hardware are four tablets for in the field. Morton: Noted Logis is cloud-based verses BS&A that sits on the Cities own systems. Asked how an end user will interact with BS&A since it is on City servers. Poppler: Answered BS&A has a website called Access My Gov that allows users to go into the program; there would be a link on our website directing users. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-048 AU- THORIZING THE PURCHASE OF BS&A BUILDING PERMIT SOFTWARE TO REPLACE EXIST- ING 17 YEAR OLD SOFTWARE. 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 Boyles read the purpose of the closed session: Closed Session to Consider an Acquisition of a Strip of Land 30 Feet in Width in Government Lot 7, Section 30, Township 115, Range 21, Scott County, Minnesota, the Western Boundary of Which is Described as Follows: Commencing at the Southwest Corner of Said Government Lot 7; thence North Along the West Line of Said Government Lot 7 to the Northwesterly Right of W ay Line of State Trunk Highway 13 the Point of Beginning of Said 30 Foot Strip; thence Continuing North Along Said West Line to a Point Distance 390.0 Feet North of Said Southwest Corner and there Terminating. Stated this is at the approximate location of Glascow Trail and TH13. ADJOURNMENT FOR EXECUTIVE SESSION Hedberg adjourned the city council meeting for the closed session at 8:41 p.m. The executive session was adjourned at 8:57 p.m. RESUMPTION OF THE CITY COUNCIL MEETING Hedberg reported that the City Council is returning from the executive session on the land acqui- sition matters and provided direction to the City Staff to resolve the matter. ADJOURNMENT DRAFT 04 11 16 City Council Meeting Minutes 7 With no further business brought before the Council, a motion was made by Thompson and se- conded Morton by to adjourn. The motion carried and the meeting adjourned at 8:58 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager