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Home My WebLink About04 25 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 25, 2016 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, Morton, McGuire 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, Planner Matzke, 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 at the public forum. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY KEENEY 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 THOMPSON, SECOND BY MORTON TO APPROVE THE MINUTES OF THE APRIL 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 the March 2016 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 DRAFT 04 25 16 City Council Meeting Minutes 2 G. Consider Approval of a Report Confirming 2016 Priorities for the 2040 Vision and Strategic Plan H. Consider Approval of a Resolution 16-051 Authorizing an Amendment to the 2016 Budget for Project Expenditures Carried Forward from 2015 I. Consider Approval of a Resolution 16-052 Extending the Deadline for Submitting the Fi- nal Plat for Pike Lake J. Consider Approval of a Resolution 16-053 Accepting Donations and Grants to the City During the First Quarter of 2016 K. Consider Approval of the First Quarter 2016 Investment Report MOTION BY THOMPSON, SECOND BY KEENEY TO APPROVE THE OVERALL CONSENT AGENDA. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Proclaim April 29, 2016 as Arbor Day within the City of Prior Lake Public Works / Natural Resources Director Gehler presented on this topic dated April 25, 2016 Hedberg: Read the Arbor Day proclamation and declared April 29, 2016 as Arbor Day within the City of Prior Lake. 6B Presentation of 2015 Year End Preliminary Unaudited Financial Report Finance Director Uram presented on this topic dated April 25, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO ACCEPT THE 2015 YEAR END PRE- LIMINARY UNAUDITED FINANCIAL REPORT McGuire: Stated in years past the City used excess revenues which would otherwise be directed to the reserve to help fund the following year. Requested staff to look at using the $200,000 be- fore the budget meetings to see if that makes sense. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY KEENEY TO DIRECT STAFF TO EXAMINE RESERVES TO APPLY ANY OF THOSE FUNDS TO THE 2017 LEVY. Keeney: Commented that the City generally looks at putting those funds into the next budget and he supports this so it can offset items that have been discussed in the work session. DRAFT 04 25 16 City Council Meeting Minutes 3 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Approving the Vacation of an Ac- cess Easement located within Deerfield Industrial Park Sixth Addition Planner Matzke presented on this topic dated April 25, 2016 Keeney: Questioned if there was any compensation or other consideration given to the property owner. Matzke: Responded the City caught the need for an emergency situation at the end of the project so there was no compensation given and they were willing to grant the access. Keeney: Stated this was instead of constructing a temporary cul-de-sac. Matzke: Replied that is correct. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:24 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Morton: Stated the only question she had was if the City was still using this what would we do but Matzke answered her questions in his report that it is not being used and she is in support of the vacation. MOTION BY THOMPSON, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AT 7:27 P.M. AND APPROVE RESOLUTION 16-054 PROVIDING FOR THE VACATION OF AN ACCESS EASEMENT LOCATED ON LOT 1, BLOCK 1, DEERFIELD INDUSTRIAL PARK SIXTH ADDITION. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Accepting of Bids and Awarding a Contract for Re- construction of Manitou Road Project Engineer Thongvanh presented on this topic dated April 25, 2016 DRAFT 04 25 16 City Council Meeting Minutes 4 MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-055 AC- CEPTING BIDS AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION CON- TRACT FOR THE MANITOU ROAD IMPROVEMENT PROJECT (CITY PROJECT #TRN16- 000001). VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B Consider Approval of an Agreement for Water and Sewer Connection for 1735 Shoreline Boulevard and Approval of an Extension for Connection for 1711 and 1781 Shoreline Boulevard City Engineer / Inspection Director Poppler presented on this topic dated April 25, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-056 EN- TERING INTO A CONNECTION AGREEMENT FOR 1735 SHORELINE BOULEVARD AND AUTHORIZING AN EXTENSION FOR CONNECTION FOR 1711 AND 1781 SHORELINE BOULEVARD. Morton: Asked if this connection agreement is using the current fee schedule that was just adopted. Poppler: Answered yes the agreement is in accordance with the fee schedule and the contrac- tor amounts are included along with administrative fees. Morton: Questioned for the resident that will have an assessment roll, will they pay in the five- year timeline and are they receiving the same option that had been offered previously? Poppler: Responded yes the connection fees are the same as what is offered to all but it is a little different having the contractor fees included. Thompson: Asked how often does the city contract to do this type of work to the house. Poppler: Stated this is the first in his experience with the City of Prior Lake. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8C Consider Approval of an Ordinance Amending: (1) Subsection 1101.503 Yard En- croachments and (2) Subsection 1102.700 Residential Performance Standards Community / Economic Development Director Rogness presented on this topic dated April 25, 2016 MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 116-08 AMEND- ING SUBSECTION 1101.503 INCLUDING THE REMOVAL OF THE WORDING NO GREATER THAN 2 FEET DEEP, 6 FEET WIDE, AND 10 FEET HIGH FROM ITEM 1 SECTION A AND AMENDING SUBSECTION 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY DRAFT 04 25 16 City Council Meeting Minutes 5 REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS AND APPROVE RESOLUTION 16-057 AUTHORIZING THE SUMMARY OF ORDINANCE 116-08 AND ORDERING THE PUBLICATION OF SAID SUMMARY. Morton: Recalled some discussion on the elevated air conditioning units being in the 5’ setback being pulled out. Rogness: Confirmed the air conditioning unit language was removed. Thompson: Asked what was previously allowed in the setback. Rogness: Responded there were a number of things that are not allowed in the side yard and there are some items that are being clarified. Stated one example is a basement egress window that could be put into the side yard if it did not encroach more than two feet wide. Explained most egress windows are three feet wide which restricted the windows completely from going into the side yards but now the ordinance says as long as the window does not go into the five- foot setback it is allowed. Concluded the City is not restricting the window width. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Calling for a Public Hearing on Approving the Issu- ance of, and Giving Host Approval to the Issuance of Senior Housing Revenue Refunding Notes to Refinance a Project by Shepherd's Path Senior Housing, Inc. and Authorizing the Publication of a Notice of the Hearing (McKenna Crossing Senior Housing Project) Community / Economic Development Director Rogness and Finance Director Uram pre- sented on this topic dated April 25, 2016 MOTION BY THOMPSON, SECOND BY KEENEY TO APPROVE RESOLUTION 16-058 CALL- ING FOR A PUBLIC HEARING ON APPROVING THE ISSUANCE OF, AND GIVING HOST AP- PROVAL TO THE ISSUANCE OF SENIOR HOUSING REVENUE REFUNDING NOTES TO RE- FINANCE A PROJECT BY SHEPHERD’S PATH SENIOR HOUSING, INC. AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (MCKENNA CROSSING SENIOR HOUS- ING PROJECT) SET FOR MAY 23, 2016. McGuire: Asked if the City gets some type of fee for being the host. Rogness: Stated the EDA recommended a second draft of a new policy on revenue bonds issued on behalf of the City. Explained the City has had a fee in the fee schedule but it has never been supported in the form of a policy; the policy that has been crafted has an application fee and a fi- nance fee for both original issuing of revenue bonds and refinancing. Noted this item will come to the Council for approval at the first meeting in May. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. DRAFT 04 25 16 City Council Meeting Minutes 6 9B Consider Approval of an Ordinance Amending Subsection 1108.217 of the Prior Lake Zoning Ordinance Related to Extensions of Time for Conditional Use Permits Planner Matzke reviewed the report on this topic dated April 25, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE ORDINANCE 116-09 AMENDING SUBSECTION 1108.217 OF THE PRIOR LAKE CITY CODE RELATED TO EXTEN- SION OF TIME FOR CONDITIONAL USE PERMITS. Keeney: Suggested the language for the extension of time be changed for more consistency and flexibility. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE ORDINANCE SUBSECTION 1108.217 THAT THE PLANNING COMMISSION MAY GRANT UP TO A ONE YEAR EXTEN- SION OF TIME. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Thompson: Asked if there any downsides to this change. Matzke: Responded there is not. Explained it is giving the Planning Commission more flexibility because some projects intertwine it makes sense to have consistency. 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 Hedberg: Stated there is a public information meeting this Thursday, April 28th at 6:00 p.m. in the Council Chambers examining Water Surface Use Management. Added there will be a public hear- ing on May 9th, 2016 regarding this topic. Concluded the formal groundbreaking for the Grainwood development was last week; footings are poured at the west end of the foundation and by spring of next year the building should be done. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded Keeney by to adjourn. The motion carried and the meeting adjourned at 7:52 p.m. DRAFT 04 25 16 City Council Meeting Minutes 7 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager