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HomeMy WebLinkAbout10 10 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES October 10, 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, Maintenance Supervisory Theisen 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 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 MCGUIRE, SECOND BY MORTON TO APPROVE THE MINUTES OF THE SEP- TEMBER 26, 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 Quit Claim Deed to Source Properties, LLC to Clarify Legal Descrip- tion C. Consider Approval of a Resolution 16-133 Declaring Costs to be Assessed and Ordering Preparation of an Assessment Roll and Establishing a Date of Assessment Hearing for Demolition Costs at 15947 Sunfish Trail Draft 10 10 16 City Council Meeting Minutes 2 D. Consider Approval of a Resolution 16-134 Updating the City of Prior Lake Public Works Operations Manual Related to Storm Clean Up Response MOTION BY KEENEY, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA The motion carried. PRESENTATIONS 6A Proclamation Proclaiming October as Domestic Violence Awareness Month in Prior Lake Police Chief Elliott presented on this topic dated October 10, 2016 Betsy Jader, Community Safety Advisory Committee (CSAC): Thanked the City of Prior Lake for officially proclaiming October as Domestic Violence Awareness Month. Explained on Novem- ber 12, 2008 Prior Lake Police were called to Ruth Maddox’s home where she was murdered which was one day after filing for divorce and her husband who was later found guilty of the mur- der. Stated when the committee was formed, domestic violence awareness was one of the issues they wanted to get involved with. Noted in 2015 the Prior Lake Police responded to 230 domestic calls; before Police leave the call they offer help and support through Southern Valley Alliance for Battered Women (SVABW). Stated this is a non-profit serving Carver and Scott county since 1982. Explained last year SVABW received 92 calls from domestic calls in Prior Lake alone. Con- cluded that domestic violence is something that is not often heard of so it is important for Prior lake to offer this public proclamation. Hedberg: Stated the CSAC makes a big difference in our community and the SVABW makes a big difference. Read the proclamation proclaiming October as Domestic Violence Awareness Month PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Adopting the Assessment Roll for the 2016 Unpaid Special Charges Finance Director Uram presented on this topic dated October 10, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:14 P.M. The motion carried. No members of the public spoke. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Draft 10 10 16 City Council Meeting Minutes 3 MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-135 ADOPTING THE ASSESSMENT ROLL FOR THE 2016 UNPAID SPECIAL CHARGES AND TO CLOSE THE PUBLIC HEARING AT 7:15 P.M. The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Response to the Department of the Interior, Bureau of Indian Affairs Regarding the Proposed Fee to Trust Application of the Shakopee Mdewakanton Sioux Community (SMSC) for 72.88 Acres Known as Group P Properties City Manager Boyles presented on this topic dated October 10, 2016 Morton: Requested to hear from Mayor Hedberg or Councilor Keeney before she makes her de- cision. Keeney: Stated he is not concerned on the roadway issues because staff has worked with the SMSC on this already. Added he is good with the language in the second letter presuming the ap- plication will be granted. Stated he believes the application is premature because they do not have plans to develop at this time. Explained this is another housing development which puts a burden on the school district but he has had conversations with Charlie Vig to look at funding for the school district in which Vig stated the SMSC would like to do something for the schools. Stated he would like to have the emergency services agreement in the agreements to be perma- nent language. Noted he does not like the overall rejection of letter three; he would rather say we agree with the needs for North Berens Road but object for these reasons. Hedberg: Stated he prefers letter one because the application states they have established a need for 250 housing units over the next 14-15 years. Explained the work session they just at- tended stated developing lots 3-5 years ahead of time is a smart place to be so the City has to be further ahead of that for land development. Noted the SMSC has made it clear for a long time that once they purchase land it will be moved into trust at that time and they have a core cultural need of restoring tribal home land. Viewed this as being consistent with the comprehensive plan and agrees there is a burden on the school district. Added the City can assist to broker connections between the tribe and the school district. Stated he does not think that is grounds for the City to object the application. Added the City Council and SMSC Business Council recently voted direct- ing staffs to further discuss the joint water treatment which saves the City $9 million of capital charges. Stated moving forward it is really important for our tax payers; he does not agree routine stuff like this to have issues. Noted he favors an alternative letter one and thanked the City Man- ager and City Attorney who worked with the SMSC to revise their application regarding the needs on North Berens Road. Morton: Stated she is aligning with Keeney and is not in favor of the continued applications to put land into trust. Noted the City needs to object and take an active position because it affects the community at large. Commented that in general she objects to the application. Hedberg: Asked Keeney or Morton to describe what the detrimental impact is the community? VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Draft 10 10 16 City Council Meeting Minutes 4 Morton: Responded the overall inventory that the SMSC owns and the message from the tribe has an intent to repurchase all the land that they feel is theirs. Stated it is the City’s part to make sure we are on the forefront of objecting to that. Keeney: Responded he is looking at this in terms of the burdens on other residents in Prior Lake. Stated the SMSC would like to be self-sufficient but it is natural for them to overlook or not notice things that happen without a gentle reminder to fix some issues the City has regarding the im- pacts on our community. Added even though the City is not going to be acquiring right-of-way for our utility connects, when we make our looping connection there is no developer or anyone to help fund the oversizing; the City is not going to be 100% whole as other communities are. Added until the SMSC is contributing their fair share as a sister city would be, he will continue to object. Hedberg: Noted properties to the south are on the market for development and if it were to de- velop this would be beneficial. McGuire: Stated he agrees with the North Berens Road language on letter two and due to big projects in place like the water treatment facility, the City should show good faith. Thompson: Agrees with Keeney and Morton. Added the SMSC does not pay state taxes. Sug- gested in the future what if the SMSC wanted to build a Target on their property and not pay taxes on that. Requested a table be added in the letter that shows the loss of taxes when the land is de- veloped. Stated the SMSC can buy land all day long for development but it does not have to be in trust which is a detriment to our community. Added she is in favor of letter three. Schwarzhoff: Noted there is no other objection language that has been used. Keeney: Mentioned it may be in the Stemmer Ridge language we received from Perkins Coie. Schwarzhoff: Stated we will add that objection, clarify the language for North Berens Road, add in language about emergency services being in a permanent agreement and add in Thompson’s requested table. Hedberg: Stated future taxes have been through court cases and the BIA considers the future taxes are unacknowledged so he opposes the table being added to the letter. Morton: Responded that whether the BIA acknowledges the table or not it is informational. Hedberg: Asked why would the council go against what the court systems have decided. Keeney: Stated he agrees not to include the table because it distracts from what the City wants. Suggested putting in a losing argument in weakens a case. Morton: Disagreed, to her it does not hurt to add the table. Keeney: Added it will take time to compile the information. Thompson: Stated the council can move forward without the table. McGuire: Asked if the council is voting on letter two or three. Keeney: Stated the North Berens Road language from letter two with the objection line from letter three inserted. Hedberg: Questioned if this will have to come back to the council. Thompson: Responded it does not need to come back. Keeney: Noted he may not be here on the October 24, 2016 meeting. Schwarzhoff: Confirmed her and the City Manager can complete the final revisions. Explained on letter three she will add on a new number two will be the new North Berens Road language from letter two, number three will be the City objects, delete A, add in language about the emergency services not being permanent and add cites from Don Baur. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE A RESPONSE TO THE DE- PARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS REGARDING THE PRO- POSED FEE TO TRUST APPLICATION OF THE SMSC FOR 72.88 ACRES KNOWN AS GROUP P PROPERTIES WITH DIRECTION TO STAFF TO AMEND THE LETTER AND SEND THE RESPONSE Draft 10 10 16 City Council Meeting Minutes 5 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☒ ☐ ☒ ☒ Nay ☒ ☐ ☒ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Updating the City of Prior Lake Public Works Maintenance and Operations Manual for Winter Maintenance Public Works / Natural Resources Director Gehler presented on this topic dated October 10, 2016 MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE RESOLUTION 16-136 UP- DATING THE CITY OF PRIOR LAKE PUBLIC WORKS MAINTENANCE AND OPERATIONS MANUAL FOR WINTER MAINTENANCE Hedberg: Stated on the summary of changes slide it states the City is reducing miles and the fact that we are reducing rinks makes him concerned about reducing service. Morton: Countered that the three areas that have mileage reduction are in commercial areas. Gehler: Responded that Cottonwood is a commercial area. Morton: Added the residential areas that are reducing is just going down to a normal level of ser- vice. Gehler: Responded correct. Morton: Stated she feels the services are not decreasing because staff has gone above and be- yond and now staying within the confines of what the city needs to do to provide adequate snow removal. Keeney: Added he favors less rinks and shifting those funds to rinks with lights. Suggested the rinks be promoted and get sponsorship for lights. 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 Keeney: Requested the upcoming informational meetings to be communicated. Uram: Explained on Wednesday, October 12, 2016 there will be a Budget Town Hall Meeting at 6:00 pm with a brief presentation and future plans. Rogness: Stated next Monday, October 17, 2016 the EDA is sponsoring a Downtown Develop- ment Meeting at 5:00 pm. Stated the EDA is updating a downtown development guide to show what has been accomplished in downtown and to look forward to improve the downtown area. 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 8:12 p.m. Draft 10 10 16 City Council Meeting Minutes 6 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager