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Home My WebLink About09 12 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 12, 2016 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Acting Mayor McGuire, Councilors Morton 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 Officer Adelmann, Water Resources Engineer Young and Executive Assistant Schroeder. Mayor Hedberg and Councilor Keeney were absent. 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 SW: Announced the annual boat tour at Boudin’s Bay Boat Club is on Wednesday, September 14 at 3:00 pm. Stated he attends the Sand Creek Township Board meetings on behalf of the Prior Lake-Spring Lake Watershed District and the township has been dealing a lot with solar farms. Explained there is a four megawatt farm and a three point five megawatt farm about two miles east of Jordan. Suggested it may be useful for the City Council to gather information from the township. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY THOMPSON 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 AU- GUST 22, 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 Draft 09 12 16 City Council Meeting Minutes 2 B. Consider Approval of Resolution 16-XXX Authorizing Preparation of an Assessment Roll for 2016 Unpaid Special Charges, and Establishing the Date of the Assessment Hearing for the 2016 Unpaid Special Charges C. Consider Approval of Resolution 16-112 Authorizing a Special Hunt within the Corporate Limits of the City of Prior Lake D. Consider Approval of Resolution 16-113 Approving Off-Site Gambling for the Prior Lake- Savage Optimist Club E. Consider Approval of Animal Control Services Report F. Consider Approval of Resolution 16-114 Approving the Maple Place Final Plat and Devel- opment Contract G. Consider Approval of Ordinance 116-XX Amending Section 703 of the Prior Lake City Code Relating to Public Waters and Water Surface Use Management and Entering into a Joint Powers Agreement with Spring Lake Township Regarding Regulation of the Surface of Spring Lake and Resolution 16-XXX Approving a Summary Ordinance and Ordering its Publication Morton: Requested items 5B and 5G to be removed. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA WITH ITEMS 5B AND 5G REMOVED The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS No Public Hearing Scheduled OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of an Ordinance Revising City Code Section 609 Related to Prop- erty Maintenance City Attorney Schwarzhoff presented on this topic dated September 12, 2016 Thompson: Asked what the current timeframe is for cutting grass on properties. Schwarzhoff: Responded that there is not anything in the code and it is being done by policy. Ex- plained it is being done every seven days and with a notice every seven days; right now there is an initial notice and after that you will get three days. Added there will still be time for residents to mow but for the bank owned properties that staff is mowing every two weeks, the City will not have to wait so long in-between. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ Draft 09 12 16 City Council Meeting Minutes 3 MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE ORDINANCE 116-17 REVIS- ING CITY CODE SECTION 609 RELATED TO PROPERTY MAINTENANCE AND TO APPROVE ITS PULICATION Morton: Asked for clarification of voting requirements around ordinance changes when there are less than five council members present. Schwarzhoff: Replied generally regardless of how many councilors are present there needs to be a majority vote; tonight there needs to be a two out of three vote. Added ordinances need to be approved by a three-person vote. Morton: Questioned how does it work when there is a super majority vote. Schwarzhoff: Stated there is not a consistent group of items that need a majority vote but there are different instances. Noted tonight in order to adopt a resolution approving a summary ordi- nance publication, it needs a four-fifths vote. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. 9B Consider Approval of an Ordinance Revising City Code Section 601 Related to Gar- bage and Refuse and a Resolution Approving a Summary of the Ordinance and Ordering its Publication City Attorney Schwarzhoff presented on this topic dated September 12, 2016 Morton: Commented a lot of this ordinance was regarding compost which can cause odors. Noted the City has hoarding homes where the yards are used for extra storage. Asked if this gar- bage ordinance includes any language around an eye-sore. Schwarzhoff: Responded that this section is mainly on garbage haulers and the compost is a new piece. Stated that type of code requirement would be discussed under public ordinances. Thompson: Clarified that this ordinance prevents a homeowner from taking their own garbage to a dump. Schwarzhoff: Stated that is correct. Noted the City is trying to prevent homeowners who stack up their garbage and do not responsibly haul their garbage to the dump. Morton: Added a complaint would have to be made in order for the City to become aware of a homeowner not utilizing a garbage hauler. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE ORDINANCE 116-18 REVIS- ING CITY CODE SECTION 601 RELATED TO GARBAGE AND REFUSE AND TO APPROVE ITS PUBLICATION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. 9C Consider Approval of an Ordinance Revising City Code Section 315 Related to Short- Term Rentals Draft 09 12 16 City Council Meeting Minutes 4 City Attorney Schwarzhoff presented on this topic dated September 12, 2016 Thompson: Questioned that the City is allowing short term rentals to park overnight on side streets. Schwarzhoff: Stated the city code stated in order to get a short term rental permit, there has to be one off street parking spot per bedroom. Explained this change is allowing the rental property to count a private street as the off street parking spot in certain circumstances. Morton: Added there may still be some restrictions because on her private street persons cannot park on the private street three days in a row without getting a permit from the homeowner’s asso- ciation. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE ORDINANCE 116-19 REVIS- ING CITY CODE SECTION 315 RELATED TO SHORT-TERM RENTALS AND TO APPROVE ITS PUBLICATION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5B Consider Approval of Resolution Authorizing Preparation of an Assessment Roll for 2016 Unpaid Special Charges, and Establishing the Date of the Assessment Hearing for the 2016 Unpaid Special Charges MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-115 AU- THORIZING PREPARATION OF AN ASSESSMENT ROLL FOR 2016 UNPAID SPECIAL CHARGES, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE 2016 UNPAID SPECIAL CHARGES Morton: Stated she wanted to go on the record saying this was a bad idea. Explained the City has $77,000 of unpaid utility charges. Asked if these fees are for 2015. Uram: Stated these fees are for year-to-date in 2016. McGuire: Explained cutting off the water involves a lot of risk and it is not like the residents can get by for a year without any penalties. Uram: Responded there is a penalty and most residents end up paying the bill prior to being as- sessed in November. Morton: Asked what is the fee. Uram: Stated it is a flat fee of forty dollars. Morton: Suggested the staff could review the penalty and make it more aggressive. McGuire: Agreed suggesting that we attach an interest rate to the bill. Thompson: Asked if the City has had residents taking advantage of this long term and what do other cities do. Uram: Responded in Prior Lake this gets assessed to the property. Added residents normally pay this bill off before being assessed. Stated other communities do a variety of things, this being one option and some shut off water; it depends on council direction. Morton: Asked what is the average payback period. Boyles: Believed in cases less than $1,000 it is one year in excess of $1,000 it is three years. Draft 09 12 16 City Council Meeting Minutes 5 McGuire: Added the League of Minnesota Cities (LMC) has a policy to not shut off utilities, also the valves can be tricky to shut off with issues but understands there are two sides to this argu- ment. Boyles: Noted some of these valves are on private property and when the shut off occurs in the dead of winter it can cause damage to the property which results in claims against the City. Morton: Stated she remembers the arguments and does not like seeing the amount increase year after year. McGuire: Suggested staff look at increasing penalties for next year. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. 5G Consider Approval of Ordinance Amending Section 703 of the Prior Lake City Code Re- lating to Public Waters and Water Surface Use Management and Entering into a Joint Pow- ers Agreement with Spring Lake Township Regarding Regulation of the Surface of Spring Lake and a Resolution Approving a Summary Ordinance and Ordering its Publication MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE ORDINANCE 116-20 AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE RELATING TO PUBLIC WA- TERS AND WATER SURFACE USE MANAGEMENT AND ENTERING INTO A JOINT POWERS AGREEMENT WITH SPRING LAKE TOWNSHIP REGARDING REGULATION OF THE SUR- FACE OF SPRING LAKE Morton: Asked for clarity regarding Paradise Bay because that was one of the area’s residents felt strongly about. Young: Responded the area in question at the meeting was south of Twin Isle and was removed but the rest moved forwarded. Added Paradise Bay had been petitioned by the residents and was removed. Morton: Stated this is only for the approval of the ordinance. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. RECESS McGuire declared a recess at 7:32 p.m. for the City Council to go into a closed session. OTHER BUSINESS / COUNCILMEMBER REPORTS Closed Session Pursuant to M.S.13D.05 Subd. 3b with Respect to Condemnation of Portions of the Dosedel Property Located at 6366 150th Avenue, Prior Lake, MN for the 150th/TH13 Im- provement Project RECONVENE McGuire reconvened the meeting at 7:44 p.m. Draft 09 12 16 City Council Meeting Minutes 6 McGuire: Stated in the closed session council gave direction to the attorneys regarding the Dosedel Property. ADJOURNMENT With no further business brought before the Council, a motion was made by Morton and seconded by Thompson to adjourn. The motion carried and the meeting adjourned at 7:45 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☒ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager