Loading...
HomeMy WebLinkAbout06 13 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 13, 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, Community / Economic Development Director Rogness, Police Chief Elliott, Water Resources Engineer Young 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. Jack Haugen, 14093 Commerce Ave: Stated he feels there is a conflict between businesses and residents regarding the Commerce and Rutgers connection. Explained he took the oppor- tunity to talk with 21 business owners in the Commerce quadrant. Noted the 43 businesses have 400 employees and is a thriving business area. Stated one option is to maintain the right in and right out and is pleased that the County is saying that will not work because it is not healthy mak- ing a right hand turn inside of a right turn lane. Stated another option with a right turn only into Commerce eliminates the right turn out but the 400 employees have only one exit on Highway 13. Suggested if there was a disaster with an explosion at that one exit, there is not another exit. Ex- plained when he leaves the office he heads south on Commerce and waits to turn on Highway 13. Asked what are people going to do since they can no longer go north and west off Commerce. Stated smart people will go through the neighborhood so they can head west and north. Con- cluded if you force something close it is going to move the traffic to another area. Tina Albright, 14024 Rutgers St NE: Stated Target, Caribou, and Cub Foods only have a right in turn only and do not have an exit to Highway 13. Added Davanni’s and Freddie’s have only a right in off of Highway 42. Cals Nursery, Walgreens and MGM all have right in only turns. Asked why do these right in only turns work for these areas but not for this area. Explained in the January meeting the right in turn lane was only 300’ long which did not interfere with a right in only at Com- merce. Stated now the map shows the right hand turn lane is 600’ long. Asked why did the turn lane change to 600’ and where is the data saying the 300’ turn lane does not work? Questioned who will pay for the sidewalks that will be put in. Questioned the council if they lived there with children or grandchildren, would you want a road going from 400 to 3,000 people driving there? Concluded that the council should consider the right in option. Teresa Coen, 14038 Rutgers St NE: Noted that she respects Haugen’s comments but does not believe it is residents against the businesses. Stated residents have no concerns about the devel- opment of businesses but she is concerned about access and safety. Believed that all of the busi- nesses are destination businesses where people are going to those businesses for a purpose. Ex- plained MGM is the only business that is not a destination business but it is clearly visible from Highway 13. Stated each of the five concepts presented will cause vehicle stacking and she does not believe people will let her back out of her driveway. Noted the signal queuing and traffic weav- ing were county concerns that she requests data on. Asked who is paying for the sidewalks, her irrigation system and her landscaping that will be disrupted. Stated she is talking to her attorney to obtain severance damages for her property. Lee Hacklander, 2921 Cougar Path NW: Stated this issue is really about safety verses the con- venience for the businesses. Added the neighborhood was fully developed before the businesses Draft 06 13 16 City Council Meeting Minutes 2 were developed; in 1970 homes were being built and businesses were not being built until 1990. Stated he does not understand why the City Engineer is in favor of option four which pushes traf- fic into the neighborhood. Commented that no matter which option is chosen there will be a que into the neighborhood. Asked why the right in and right out is not a concept at all. Requested the City Council to vote for option five to close the road and make it a cul-de-sac. Bob Miller, 14359 Watersedge Trail: Stated he has lived in the neighborhood for 38 years. Noted he sent an email to the council covering the same points as Coen mentioned. Believed it may be easy for the council to make a decision because it does not affect their lives. Stated the County only provided cookie cutter options that will not work because there will be stacking cars on Rutgers with any of the options. Stated he has no bias against the businesses but if people want to go to the business they will get there. Suggested the right in only option would be the best solution and similar to Cub Foods which is a thriving business. Concluded that he hopes the coun- cil will think about all of the lives this affects when making a decision. Zack Braid, 14086 Rutgers St NE: Stated residents can live with a right in only access. Noted he is not trying to be difficult and he understands that traffic engineers have a tough job but he is try- ing to understand why a right in works off of Highway 13 for Caribou and Cub Foods but it will not work here. Believes after the project is done the County and City can move on but the residents have to live with it. Stated the residents deserve to know why the turn lanes changed and why a right in is not valid. Added the council needs to be sure there are no other options available before making a decision. Stated he supports the community and he wants the taxes to stay here for the City and for the County. Concluded the best option to keep the neighborhood safe is to say no to the Commerce and Rutgers connection. Steve Mangen, 14093 Commerce Ave NE: Stated this is his business address and he pays taxes in Prior Lake as well for the building he leases. Added he understands what it is like for the council to make tough decisions because he is on the Planning Commission in Shakopee. Ex- plained the main issue he has is the safety to get in and out on Commerce Avenue. Asked the council to be sure to look at this in depth to have an access at the north end. Blaine Kresel, 6550 Harborview Circle: Stated he does not believe the County and City have shown all of the facts. Believed business development and traffic design are bias factors on the council. Explained if the council wants this road connection for business development, they should be honest and state that. Asked why the County is not consistent with all four corners of the High- way 13 and 42 intersections. Asked why the right in only option is not on any of the concepts. Be- lieved the bias comes in because the County already purchased property and has a sunken cost. Stated the safety data has not been presented here and asked how many traffic accidents have occurred in this area. Conclude the council should vote for a sixth option that is a right in only. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY MCGUIRE 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 MAY 23, 2016 REGULAR MEETING AS PRESENTED. Draft 06 13 16 City Council Meeting Minutes 3 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-XXX Regarding the Liquor License Renewals for 2016-2017 C. Consider Approval of Refuse Hauler Permit Renewals for 2016-2017 D. Consider Approval of a Resolution 16-074 Approving Changes to the Public Works De- sign Manual with Respect to Hydrology E. Consider Approval of a Resolution 16-075 Authorizing Approval of a Third Renewal of Memo of Understanding (MOU) with the SMSC for Liquor Sales on the Meadows at Mystic Lake F. Consider Approval of Preliminary 2016 First Quarter Financial Report G. Consider Approval of Local Intergovernmental Aid Agreement Between the City of Prior Lake and Shakopee Mdewakanton Sioux Community Keeney: Requested 5B and 5G be removed from the consent agenda. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA. The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Approving the Vacation of a Drain- age and Utility Easement Located Within Radermachers First Addition Community / Economic Development Director Rogness presented on this topic dated June 13, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:45 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Draft 06 13 16 City Council Meeting Minutes 4 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Keeney: Stated there appears to be a road to the south. Asked if the City owns that area and if there are any utilities. Rogness: Responded that there is no road to the south and the City does own that area. Poppler: Added that corridor is old County Road 23 which does have some utilities. Keeney: Stated he does not want to see the land go to waste. Rogness: Noted there has been some discussion to find out if that will be developable at some point. Keeney: Added he wants to consider the other parcel so it is not underutilized. MOTION BY MORTON, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. AND APPROVING RESOLUTION 16-076 FOR THE VACATION OF DRAINAGE AND UTIL- ITY EASEMENTS LOCATED WITHIN RADERMACHERS FIRST ADDITION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Approving the Geometric Layout for the CSAH 42 and TH 13 Intersection Improvement Project and Commerce Avenue Extension City Engineer / Inspections Director Poppler presented on this topic dated June 13, 2016 Boyles: Stated this is a difficult item to balance a fair plan with the concerns of the residents and businesses. Added the options presented are considering the concerns that were presented by persons that spoke at the last city council meeting. Keeney: Noted the County stated this is a $12.7 million project so it needs to be done correctly the first time. Added the design is being driven for a six lane road in the future and the County is going to get rid of all the accesses in the area. Hedberg: Stated the County is addressing this intersection now because Jeffers Pond has a little under 400 housing units. Added the remaining development will add about 300 more housing units. Stated the City Council and staff have seen other development proposals along Highway 42 which would add between 800-900 total housing units. Many of these new property owners will use this intersection. Added the City has been advised that the investment of this intersection has to last 30 years so the City needs to be prepared for that with limiting accesses. McGuire: Asked if it was considered taking out the left turn onto Rutgers from Commerce on op- tion two. Poppler: Responded there is a left turn lane to allow access into the neighborhood. Hedberg: Stated he agrees to have no left turn lane in option two. McGuire: Added you could also make Rutgers the through street and make those on Commerce stop. Keeney: Asked what the current car count is for Commerce and Rutgers accesses. Draft 06 13 16 City Council Meeting Minutes 5 Poppler: Answered there are 550-750 using Rutgers and 1000-1500 using the Commerce ac- cess. Keeney: Explained emergency vehicles can access Commerce off of Highway 13 as well as through the neighborhood. Hedberg: Stated there is no hidden motivation for economic development. Added the EDA did consider economic development in this area on the record but development is not a consideration in this decision. Thompson: Asked Hedberg if there is never going to be commercial development in this residen- tial zoned neighborhood. Hedberg: Responded he cannot say it would never happen but the EDA concurs there is not eco- nomic development at this time. Stated if there is another willing seller in the neighborhood there may be a request for rezoning to occur at that time. Thompson: Asked Hedberg how he could change a residential neighborhood to a commercial development. Hedberg: Responded he is not saying he would but developers would come forward with re- quests and the council at that time would have to consider the development. Keeney: Stated he believes a right in only would be useful. Added there is not a lot of reason to develop those properties regarding the road, it is just maintaining the access that is already there. He wishes there would be a better solution but there just is not making this a tough decision. Thompson: Asked Keeney if he would like to see a right in only. Keeney: Answered it would work but it would not solve the issue to exit. Thompson: Stated a person would go down to Boudin and exit at the stop light. McGuire: Stated he disagrees with Thompson because if Commerce is a cul-de-sac or a right turn in only, it will encourage people to go through the neighborhood. Morton: Stated she does not agree with the connection when the County first presented it but she chooses option five even though she believes it to be a foolish option. Explained that she does not understand why the right in and right out will not work. Thompson: Believed the right in only has always been the perfect compromise. Hedberg: Commented that he believes that option three or option four are the best compromise. Stated he recognizes that most of the businesses are destination businesses but they have a lot of traffic going in and out. Believed Cub is thriving but the location puts it at risk. Asked the county staff to answer why the turn lane increased to 600’. Curt Kalbar, Assistant Scott County Engineer: Stated the projects are ever evolving which can change the lay out. Explained it started at 300’ because that is the standard turn lane; the addi- tional traffic studies determined that would not be long enough but there was a substation in the way. Stated the County worked with MVEC and found another solution for the substation and the County is realigning the trail to go down Commerce which allows the additional width. Noted this is the highest traffic intersection in Scott County. McGuire: Asked Kalbar he has considered only taking a right turn on option two. Kalbar: Replied that would be a City circulation issue and the City should make a decision on that. Pointed out that option three separates the neighborhood from the businesses; it provides the separation and makes traffic more efficient. Added when traffic is flowing through on Com- merce, there is not a large number of traffic turning left on Rutgers unless a person lives in the neighborhood. Thompson: Asked if it would be possible to start a right hand turn lane just after Rutgers and swoop it into Commerce. Kalbar: Responded for the County that is not a safe solution and not the right solution because there are three intersections, Rutgers, Commerce, and Highway 13, that are too close to each other. Explained for a highway carrying 22,000 per day and 32,000 20 years from now it is not a safe solution. Added the County needs to be proactive to avoid falling behind trying to adjust to future needs. Stated this is a proactive solution. McGuire: From the County stand point the pork chop is a city decision. Draft 06 13 16 City Council Meeting Minutes 6 Kalbar: Responded yes that is a city decision. Keeney: Stated between options two and three he prefers three as being less impactful on the properties. Added option three leaves more room on the sidewalk. Asked if there are other streets that have similar volumes. Poppler: Responded that Freemont Ave would be an example that is between 3000-3600 as well as Fish Point Road. McGuire: Stated he prefers option three over option four because option four would require pur- chasing another home. Thompson: Questioned the assessment cost for this project. Poppler: Answered the roadway connection is a County cost. Thompson: Stated that the option three road is farther away from the residential properties. Hedberg: Responded that would be part of the cost as well. MOTION BY MCGUIRE, SECOND BY HEDBERG APPROVING RESOLUTION 16-077 FOR THE GEOMETRIC LAYOUT FOR THE CSAH 42 AND TH 13 INTERSECTION IMPROVEMENT PROJECT INCLUDING A CONNECTION OF COMMERCE AVENUE TO RUTGERS STREET with option 3, #TRN16-000001 Keeney: Requested some time to think. RECESS Hedberg declared a recess at 8:37 p.m. for council to gather their thoughts. RECONVENE Hedberg reconvened the meeting at 8:40 p.m. Keeney: Stated this is a tough decision and there is no good answer. Added it is hard to push this through when people are so passionate about their neighborhood. Concluded this brings him to option five siding with the residential owners rather than the businesses. Schwarzhoff: Explained the council does have an option to deny the municipal consent. Added the County has the option to appeal the City’s decision. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☐ ☐ Nay ☐ ☒ ☐ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion failed. MOTION BY MORTON, SECOND BY THOMPSON APPROVING RESOLUTION 16-077 FOR THE GEOMETRIC LAYOUT FOR THE CSAH 42 AND TH 13 INTERSECTION IMPROVEMENT PROJECT WITH A CLOSURE OF COMMERCE AVENUE AT CSAH 42 AND WITHOUT A CON- NECTION OF COMMERCE AVENUE TO RUTGERS STREET, #TRN16-000001 WITH DIREC- TION TO STAFF TO EXPLORE COMMERCE AND RUTGERS OPTIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☒ ☐ ☒ ☒ Nay ☒ ☐ ☒ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Draft 06 13 16 City Council Meeting Minutes 7 The motion carried. RECESS Hedberg declared a recess at 8:45 p.m. for the council chambers to clear. RECONVENE Hedberg reconvened the meeting at 8:48 p.m. NEW BUSINESS No New Business Scheduled ITEMS REMOVED FROM THE CONSENT AGENDA 5B Consider Approval of a Resolution Regarding the Liquor License Renewals for 2016- 2017 MOTION BY MORTON, SECOND BY THOMPSON APPROVING RESOLUTION 16-078 FOR THE LIQUOR LICENSE RENEWALS FOR 2016-2017 Keeney: Stated one of the applicants has two violations in the past two years. Explained under the new ordinance it is basically impossible for a license holder to lose their license. Added he would like to change the ordinance back or deny an applicant their license. Hedberg: Commented that this establishment has a violation in 2014 and 2015 that is still being investigated which they will receive a cash fine and a temporary suspension. Boyles: Stated at this point council has to approve the renewal but then council can consider changing the ordinance prospectively rather than retrospectively. Morton: Agreed that staff should be directed to re-evaluate this ordinance. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY KEENEY, SECOND BY MORTON DIRECTING STAFF TO RECONSIDER THE THREE STRIKE RULE Schwarzhoff: Clarified the number of years was extended so the strikes stand longer with the al- lowance of three strikes and the fourth strike losing a license. Asked Keeney to clarify that he wants the third strike to have an effect. Keeney: Responded yes. Thompson: Asked when was the ordinance changed. Schwarzhoff: Answered it was a couple years ago. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Draft 06 13 16 City Council Meeting Minutes 8 5G Consider Approval of Local Intergovernmental Aid Agreement Between the City of Prior Lake and Shakopee Mdewakanton Sioux Community MOTION BY MORTON, SECOND BY THOMPSON APPROVING THE LOCAL INTERGOVERN- MENTAL AID AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Keeney: Stated any other intergovernmental agreements realize actual costs but with the Shakopee Mdewakanton Sioux Community (SMSC) this is not considered. Explained he would like to see the amounts based like the City’s other fees and agreements. Suggested the actual burdens should be recorded for large enterprises. Schwarzhoff: Explained this is entirely different than providing services for a township because the City has no obligation to provide them services. Stated the City has no leverage with the SMSC because it is the law that the city must provide services to the SMSC at the same levels as the rest of the community and the SMSC has no obligation to pay anything. Hedberg: Noted the SMSC is asking for far less assistance from the City than they could because the SMSC Business Council stated they do not want to be a burden on their neighbors and the City is very appreciative of their spirit. Keeney: Stated he agrees but the City should give them the right opportunity to give us the right number because costs creep up and if one does not look at it once in a while the new numbers may be surprising. Hedberg: Thanked the SMSC for providing local government aid to the City because it is a signifi- cate stream of revenue that helps offset costs. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS McGuire: Stated on Thursday, June 16th from 3:00 p.m. to 7:00 p.m. the VFW is sponsoring a new farmers market that goes into October in the VFW parking lot. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded by Morton to adjourn. The motion carried and the meeting adjourned at 9:03 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager