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HomeMy WebLinkAbout06 27 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 27, 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, Public Works / Natural Resources Director Gehler, Community / Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Project Engineer Thongvanh, Planner Matzke 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. Mary Miller, 14359 Watersedge Trail: Stated she works on Commerce Avenue with Edina Re- alty and has lived on Watersedge for 27 years. Believed people will still go to the businesses if Commerce was closed because they are destination locations. Added if people cannot wait two to three minutes at a couple stop lights so others may have a safe neighborhood, she does not un- derstand their rationale. Denny McGill, 6576 Harbor Beach NE: Explained he has been a resident since 1972 and has seen a lot of changes. Quoted a song by Barefoot Man called Dance with a Politician “one step forward, two steps back and then sidetrack, to dance the politician you don’t need an education, make a promise and then take it back.” Stated he hopes that is not what is happening tonight. Michael Broderiel, 6566 Harbor Place: Commented that he is objecting to the closing of Com- merce avenue. Stated it will affect the business which in turn affects homeowners who work there. Believed emergency vehicles need to access the area and if they cannot it will be a safety issue. Added every exit on County Road 42 should not be closed. Jeff Petchal, 3856 Green Heights Trail SW / Charlies on Prior 3950 Green Heights Trail SW: Requested an ordinance amendment. Explained the current ordinance states no outdoor music shall be allowed past 10:00 p.m. Monday through Sunday but he would like it to say live non- acoustic dinner music shall be allowed 20 days per year from 3:00 p.m. to 9:00 p.m. and eight outdoor events should be allowed per year. Stated they would like to be considered at the July 5, 2016 Planning Commission meeting and the July 11, 2016 City Council meeting. Sue Jacob, 14054 Rutgers Street: Suggested this vote will define they City Council’s legacy so asked the council if they are going to save or destroy a neighborhood. Stated options one through four will endanger the neighborhood; option five is a little inconvenient but still acceptable be- cause there is still an entrance into the area from Highway 13. Explained her and her daughter were walking to the bus stop and had to jump into a snow bank because a vehicle was about to hit them and there are no sidewalks. Asked if council can imagine 3,000 more vehicles on the street how dangerous it would be. Commented that this decision will affect homeowners more se- verely than it would the businesses. Concluded that the council should uphold their vote to protect her and her family since they are the ones who will have to live with this decision the rest of their lives. Mary Frantz, 2921 Cougar Path NW: Noted she has been a resident of Scott County for 17 years. Explained when the County came in to talk about the County Road 83 and County Road 42 expansion the Wilds residents stated concerns but the County made it clear this was not their re- sponsibility to protect the security or the safety since it is a City responsibility. Added the County stated County Road 83 and County Road 42 was the busiest intersection and presented statistics 06 27 16 City Council Meeting Minutes 2 that were contradicting. Stated when she went to the Rutgers meeting she heard that Highway 13 and County Road 42 was the busiest intersection and it was discussed at length to have a turn lane. Stated she does not understand how everything changes and does not trust the County’s assessment of this whole issue and she hopes the City Council will make sure they do their re- search to make a wise decision. Kevin Sabin, 14033 Commerce Ave NE: Noted he owns the UPS store. Stated he understands that homeowners have something to lose but he believes businesses were not considered when this decision was made at the last meeting. Stated the Commerce area has 43 businesses and 400 employees; studies have shown that if the Commerce connection is closed that 20-25% reve- nue will be lost. Explained he moved the store from Savage to Prior Lake and spent over $80k to make that move because he believed Prior Lake was a better location. Added his family would be affected due to the business changes. Believed the council should convince the county to relook at this situation to find a way for both sides to win. Conclude this decision should not be placing the residents against the businesses. Chuck Puffer, 14120 Commerce Ave: Stated he has been a dentist in the Commerce area since 1986. Noted in one week 120 customers signed the petition to not close Commerce; believes in a six month he could have had 2,500 people to sign the petition. Added closing Commerce will neg- atively impact the practice and the ability to serve the community. Stated other businesses have stated if the access is closed, they will move to a different location. Believed traffic on Highway 13 will increase in time and he would like a solution that works for both sides. Randy Emerson, 14703 Commerce Ave: Believes there has to be some sort of solution to make all parties happy. Stated Commerce should stay open because the back up on Highway 13 will be even worse; he already has sat at this location for four light cycles trying to get out. Blaine Kresel, 6550 Harborview Circle: Stated he presented a solution to the council that would allow for a right in only onto Commerce. Noted there is more real-estate on this section of road than there is over by Freddie’s where they have a right in only. Added he would like a solution that will work for both parties which would be a right in only on Commerce. Kellie Davison, 14033 Commerce Ave NE: Stated she grew up in Prior Lake and the owner of the License Bureau. Added she gives back to the community by supporting and sponsoring multi- ple local charities and events. Noted the City sent notices to the residents but not the businesses which made her feel blindsided. Believes this area is not a destination because people can now go online for a lot of services; if it is a pain to get to her office they may change their process. Stated the residents were not in favor to close Commerce but believed there should not only be one access point. Requested the council to revote on this closure. Presented a petition with 495 signatures to not close Commerce at County Road 42. Trudy Bonvino, 14065 Commerce Ave: Stated she owns a building in the Commerce area and runs a business in this area as an orthodontist. Explained in 2012 they moved the practice from across the street in Savage to Prior Lake. Noted having two access points was very important de- cision in this move with access to both Highway 13 and County Road 42. Added they are not a destination business because patients can go to another office if it is difficult for patients to access the business. Concluded there should be a win decision for residents and businesses. Sallisha Armour, 3431 Turner Drive SW: Noted she is the manager at Cosmopolitan Orthodon- tist. Stated the proximity is very important to their customers. Added during the school year they see 64 patients per day coming in and out. Explained at the Highway 13 access a person can sit through three to four light cycles and exiting out on County Road 42 is a lot more convenient. Stated people run the lights because they are sick of waiting at that intersection. Asked the coun- cil to reconsider the Commerce closure. Tina Albright, 14024 Rutgers St NE: Stated she lives at the first house off of County Road 42. Stated this is not meant to be a resident against business issue. Noted she has safety concerns of the Commerce to Rutgers connection, has read all of the data, and she has spoken three times expressing her concerns. Added the County Engineer stated people will be kind and let you out of your drive way but she does not believe people will. Suggested the City to challenge the County 06 27 16 City Council Meeting Minutes 3 to find out why the other accesses on County Road 42 are acceptable but Commerce access is not. Teresa Coen, 14038 Rutgers St NE: Noted she is the second house off of County Road 42. Questioned why this issue is being revisited since the vote was already done. Asked if anyone honors their word and if the residents on Rutgers would have been able to revote if the decision was the other way around. Stated mulligans are acceptable in golf but not on decisions that affect people’s homes. Alane Madsen / Charlene Petricka, 15743 Candy Cove Trial SE: Stated parking on their street has been an issue. Explained the streets are not safe with cars parked in all directions. Added the police are not able to enforce anything because signage needs to be posted. Explained this road- way is a connector between County Road 44 and Highway 13 which is not considered a low vol- ume street. Added if a neighborhood agrees they can petition to add signage to a street but they were denied. Presented pictures showing that you have to weave in and out in order to drive through the street and people are not utilizing the parking lots. Stated this is not just a weekend issue, it happens during the week as well. The TSAC stated this is an ongoing issue with P.L.A.Y. Added she believes the City needs to figure this issue out with P.L.A.Y. and to approve parking signs. Lee Hacklander, 2921 Cougar Path NW: Suggested the Commerce to Rutgers connection is an unnecessary road that would be going through a neighborhood. Noted at previous meetings both Thompson and Keeney asked for a right in only turn but the County is saying no and refuse to properly study the option. Suggested people do not like what is happening in Prior Lake and they will start leaving. Explained the County could easily put in a long turn lane to allow people to turn into Commerce; this is the only solution that all the residents and businesses want. Concluded the decision from two weeks ago should not be voted on again. Dan O’Keefe, 3281 Balsam Street: Noted he has been a lifelong resident and he built a building in Commerce Ave in 1994. Explained at that time you could turn right onto County Road 42 and there was no stop light at Rutgers. Stated people knew the volume was going to change and when they stop light was moved to Rutgers, they knew the County was going to buy six houses along County Road 42 from Commerce to Rutgers. Stated the County had this planned out for 22 years. Explained if he would have known that Commerce was not going to be connected to Rut- gers, they would have fought to keep the stoplight at Commerce. Concluded he understands there are houses affected but this plan has been going on since before those people even lived there. Jack Haugen, 14093 Commerce Ave: Noted he has been a resident since 1973 and built a building on Commerce in 1994. Stated he was misquoted from two weeks ago and he wanted to clarify that his first topic during his statement was safety and the third or fourth may have been businesses. Explained that this is not about a right in on County Road 42 is appropriate; the issue is that there is no right out. Stated it is about exiting onto County Road 42; with the closure of Commerce those cars that enter from County Road 42 and exit on County Road 42 will be forced into an unprepared intersection which is a safety issue for residents, guests, customers, and pa- tients. Stated people are not going to wait at light cycles and he feels badly for the homes that are being impacted but the closure is a bad idea for the neighborhoods. Concluded if businesses knew about this project, they could have worked with the neighborhood months ago. Mary Elard, 6595 Harbor Place: Stated it is clear that businesses are being pitted against resi- dents. Stated she hopes the council will recognize the false statements that the County has pre- sented. Commented that the County has been blunt about a six lane highway down County Road 42 which feeds into economic development. Explained that the County is going to close off all of the access points on County Road 42 and is going from one section to the next destroying the neighborhoods. Suggested that the County is a problem, tell them to go back to the drawing board. Zack Braid, 14086 Rutgers St NE: Asked why this topic is being discussed again as there is not another option on the table. Explained he has been fighting for the original geometric layout that was presented in January with an amendment that the Harbor has a right in and right out, then 06 27 16 City Council Meeting Minutes 4 there should be a stop light at Boudin. Agreed that the businesses should have been notified on this topic. Stated he is upset regarding the revote; votes are meant to close the lobbying and de- bating. Susan Block, 14070 Commerce Ave: Noted she owns a building in the Commerce area running a dental practice. Stated the City Council has the power to come up with a creative solution to work with the County. Commented that the cul-de-sac is damaging to the businesses but she is not comfortable with an attachment to Rutgers. Stated she does not want to be at war with the residents because her patients are her neighbors and she values them. Gill Roscow, 14190 Grainline Circle: Stated he understands why residents and the businesses are upset but he does not agree with the option to revote on this topic. Noted he cannot trust the council if they are going to change their vote. APPROVAL OF AGENDA MOTION BY THOMPSON, 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 MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE JUNE 13, 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 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 G. Consider Approval of a Resolution 16-079 Approving a Temporary Liquor License for the Lakefront Music Festival H. Consider Approval of a Resolution 16-080 Approving a Temporary Liquor License for the Prior Lake VFW I. Consider Approval of a Resolution 16-081 Requesting MNDOT to Perform a Speed Study on Credit River Road from Fish Point Road to 170th Street Hedberg: Requested item 5C to be removed. 06 27 16 City Council Meeting Minutes 5 MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF AGENDA ITEM 5C. The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS No Presentations Scheduled OLD BUSINESS 8A Consider Approval of a Motion to Reconsider the Commerce Extension Option Ap- proved at the June 13, 2016 City Council Meeting City Attorney Schwarzhoff presented on this topic dated June 27, 2016 Keeney: Confirmed that the vote of municipal consent with option five cannot be taken back. Schwarzhoff: Answered correct, you cannot change the municipal consent vote of yes; the pro- ject is approved. Added the County did indicate that the City can go back with a different option and they would consider it. Keeney: Questioned if the County can still go with option five? Schwarzhoff: Stated the County gave the impression that they do not care what the City does with the City roads. MOTION BY KEENEY, SECOND BY MCGUIRE TO RECONSIDER RESOLUTION 16-077 FOR THE GEOMETRIC LAYOUT FOR THE CSAH 42 AND TH 13 INTERSECTION IMPROVEMENT PROJECT Keeney: Stated he wanted exploration of other options and he wants to know if the County has given any other options. Noted he wanted to give the businesses an opportunity to give input and he wanted to consider their side. Commented that the council should have withheld the consent or denying the consent altogether because there was not an option that everyone could agree on. Thongvanh: Stated the County has given the five options that we need to choose from. Noted the County did evaluate safety issues, the weaving of traffic and the queuing of traffic. Stated the re- quirements needed to create those requested turn lanes is not available at this location. Boyles: Believed the County addressed the request from the council when they asked for the main flow of traffic to be on Commerce and not on Rutgers as reflected in Option 3 and 4. Stated the county was trying to work with us and were responsive to the City’s direction. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☐ ☐ Nay ☐ ☒ ☐ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion failed. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 06 27 16 City Council Meeting Minutes 6 Hedberg: Indicated that since this is an important item and because there would be no further discussion because reconsideration was voted down that he would give each councilor the oppor- tunity to comment. Morton: Stated the County has not played nice in this game. Suggested citizens should call the County and make a complaint to them directly since they are the ones that residents elected to represent us. Noted the City’s hands are tied and she wishes there was a better solution. McGuire: Stated he is frustrated and nothing has changed from two weeks ago. Stated putting the council and all these people through this debate again is ridiculous. Thompson: Noted there is not a good answer. Stated she has lived here for ten years and never heard about the work planned for County Road 42. Added the County presented the City Council in March, at that time the council unanimously said no to a connection from Commerce to Rut- gers. Keeney: Apologized for bringing this back for additional consideration. Noted there is a lot of competing interests. Stated he hopes staff will work with the County to get this properly in our long range plan so people can plan for this in the future. Added he does not imagine that Commerce will stay a dead end forever. Hedberg: Explained this has been a difficult process but he was in favor to reconsider this be- cause the business owners did not have a chance to provide their input. Stated the Commerce connection to Rutgers was brought up a decade ago; he remembers it because he was on the council. Added at the time, the council did not want to do commercial development. Clarified that the Economic Development Authority (EDA) did consider commercial development when this came up again and we said no to creating commercial lots. Stated he wanted option three and voted against option five because he feels option five is the worst for the neighborhood. Explained he acknowledges the homes will be impacted and the City will provide for an impact but he knows people will drive through the neighborhood instead of waiting at stop light to make a left hand turn from Boudin onto County Road 42. Stated the County and the State objective is to keep local turn- ing traffic out of the intersection of County Road 42 and Highway 13 because the turns consume the capacity of the intersection. Concluded that these improvements will be paid by $13 million dollars coming from federal grants and sales tax is being used to redo this intersection to last 30 years but now local traffic will shorten the life of the road. RECESS Hedberg declared a recess at 8:30 p.m. for the council chambers to clear. RECONVENE Hedberg reconvened the meeting at 8:34 p.m. NEW BUSINESS 9A Consider Approval of: (1) an Ordinance Amending the Official Zoning Map from PUD to R-2 Medium Density Residential; and (2) a Resolution Approving a Preliminary Plat for Summit Preserve Community / Economic Development Director Rogness and Project Engineer Thongvanh presented on this topic dated June 27, 2016 MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 116-14 AMEND- ING THE OFFICIAL ZONING MAP FROM PUD TO R-2 MEDIUM DENSITY RESIDENTIAL AND TO APPROVE RESOLUTION 16-082 APPROVING A PRELIMINARY PLAT FOR SUM- MIT PRESERVE Thompson: Asked for clarification as to why the developers are going to remove trees then re- place trees; are they in the wrong place? 06 27 16 City Council Meeting Minutes 7 Rogness: Responded the staff encourages developers to keep as many trees as they can. Ex- plained that the grades and utilities and streets play a part on what trees need to be taken down. Added the City has tree replacement calibration requirements which are being met. Hedberg: Noted that the City of Prior Lake has one of the most restrictive ordinances regarding tree preservation. Keeney: Questioned if ash trees are still counted as trees to save. Rogness: Replied that ash trees are no long counted. Hedberg: Asked if staff has considered asking the developer to remove ash trees? Rogness: Responded that question has been brought up in discussions. Hedberg: Suggested Rogness negotiate with the developer to put a trail around the wet land and meandering through the development to connect to a regional trail in exchange for two or three more lots. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Approving a Preliminary Plat for the Andren Prop- erty Planner Matzke and Project Engineer Thongvanh presented on this topic dated June 27, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-083 AP- PROVING A PRELIMINARY PLAT FOR THE ANDREN PROPERTY Morton: Noted there were some residents at the public hearing that were upset about tree re- moval so she likes the idea of trees being replanted. Keeney: Asked how the streets align with the overall traffic pattern for the adjoining properties to the east. Terry Forbord, Roger Humphrey / Developer: Explained there is a large piece of developable property to the east and he presented a plan to the DRC that included the platting pattern and road pattern. Noted he understands the overall road planning all has to make sense and has worked with Poppler on this. Thongvanh: Stated a ghost plat has been requested for the area to the east. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5C Consider Approval of Building Permit Summary Report Hedberg: Pointed the building permits for the Grainwood development are listed in a special cate- gory as one item. Believes that is misleading because there are 168 dwelling units that have been added. 06 27 16 City Council Meeting Minutes 8 MOTION HEDBERG, SECOND BY THOMPSON TO APPROVE THE BUILDING PERMIT SUM- MARY REPORT VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY HEDBERG, SECOND BY MCGUIRE TO DIRECT STAFF TO ADD MULTI-FAMILY UNITS AS ANOTHER CATEGORY ON THE BUILDING SUMMARY REPORT OTHER BUSINESS / COUNCILMEMBER REPORTS McGuire: Stated at the Chamber of Commerce meeting last week the amount of frustration in the business community is real. Explained the businesses sighted seven to eight instances as to why the council is not more supportive to businesses. Asked fellow councilors if you really want to keep the Economic Development Authority (EDA)? Requested this topic be brought back as part of the budget process. Hedberg: Agreed it is worth having the discussion. Keeney: The EDA’s mission focuses on the bigger picture for development and he agrees the topic should be discussed. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded by Morton to adjourn. The motion carried and the meeting adjourned at 9:21 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager