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Home My WebLink About10 24 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES October 24, 2016 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors 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, City Engineer / Inspections Director Poppler, Police Chief Elliott and Executive Assistant Schroeder. Councilor Keeney was 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. Bill Hammes, Office of Traffic Safety: Presented the Prior Lake Police Department a radar unit. Stated he looked back to 2014-2015 for Prior Lake and there were no fatalities and in 2016 there was one fatality in Prior Lake. Noted that Prior Lake is one of eight cities that will receive an award. Congratulated Chief Elliott and the Police Department. Chief Elliott: Explained officers are out day and night to keep the roadways safe. Noted over the past year construction on Highway 13 has created challenges and the safety zone that has been in place is not only for the workers but also for the public due to the narrow lanes and lack of shoulders. Kevin Busse, 5101 160th Street SE: Presented the council with a hand out and stated concerns with the Grainwood building. Stated balconies were supposed to be even with the face of the building, not sticking out; the artist drawing appears shifted over to make it look much smaller; en- tire fourth floor is visible from his property instead of only a roofline as shown in the drawing. Stated sunlight reflects off the windows and glares him; he is concerned about this glare in the winter and stated if there was non-reflective glass installed it is not working. Asked the council to go and look at locations personally without influence. Stated they were told it was not going to be low income housing but they are. Stated local companies were supposed to be used from Prior Lake but were not. Stated there is construction noise from 7:00 am until after 7:00 pm and would like a break from the noise at least one day a week. Explained that he feels lied to and wants an- swers. Noted it is too late to stop construction now but wants to make sure items like this do not happen on another project. Royce Nygard, 1656 165th Street, Shakopee: Stated his property is being considered for annex- ation. Expressed his concern that he is not going to gain anything except higher taxes. Added he does not see a need for this to happen which 14 of the 20 residents in the area agreed with him. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA EXCEPT FOR AGENDA ITEM 9A MOVING THAT ITEM TO NOVEMBER 14, 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ Draft 10 24 16 City Council Meeting Minutes 2 The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE OC- TOBER 10, 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 Police Department 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 a Resolution 16-137 Accepting Donations and Grants to the City During the Third Quarter of 2016 G. Consider Approval of a Resolution 16-138 Approving a Temporary On-Sale Liquor Li- cense for the Prior Lake VFW MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Approving an On-Sale Intoxicat- ing Liquor License for Laker's Tavern & Pizza City Manager Boyles presented on this topic dated October 24, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:22 P.M. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Draft 10 24 16 City Council Meeting Minutes 3 The motion carried. Donna Mankowski and Tom Zimmeth, 15721 Mitchell Circle SE: Stated they are the new owners of Laker’s Tavern and Pizza. Explained they are excited to bring back the family restau- rant with pizza and hamburgers and the location has been cleaned and remodeled. Added they are not planning on this being a night spot but rather a restaurant first and tavern second. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 16-139 AP- PROVING AN ON-SALE INTOXICATING LIQUOR LICENSE FOR LAKER'S TAVERN & PIZZA AND TO CLOSE THE PUBLIC HEARING AT 7:25 P.M. The motion carried. 7B Public Hearing to Consider Approval of a Resolution Adopting the Assessment Roll for the Manitou Road Improvement Project #TRN 16-000001 City Engineer / Inspections Director Poppler presented on this topic dated October 24, 2016 Hedberg: Requested the City Attorney to describe the special assessment objection and appeal process. Schwarzhoff: Explained a written objection must be given to the City Council before the public hearing is closed; then a notice of appeal needs to be filed with the district court within 30 days. Hedberg: Noted one objection has been received. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:32 P.M. The motion carried. Michael Theis, 14982 Manitou Road NE: Asked how the assessment cost is calculated and what is all included. Stated the bike path, entrance to County Road 21 and the pedestrian ramps should not be included; he does not think the storm drain holding pond should be included ei- ther. Agreed the street needed an upgrade but wants to know what he is paying for. Norm Kinsley, 15132 Manitou Road: Asked if the lot in the east corner of Lords and Manitou is assessed as one or two lots since there are two water hookups on the property. Poppler: Responded that the total assessment is based on the storm and street sewer costs at 40%. Stated certain items are taken out such as storm water improvements in the parks is un- der the water quality improvements fund, the bike path and pedestrian ramps along County Road 21 were placed into the water fund because of the utility impacts for the restoration of that Absent ☐ ☒ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ Draft 10 24 16 City Council Meeting Minutes 4 area. Added the city upgraded the basketball court and it was taken out of the calculation for the assessment as well. Hedberg: Asked if there is anything in the special assessment for watermain improvements. Poppler: Replied that a watermain, watermain services and sanitary sewer are taken out of the sanitary sewer and water fund so they are not included in the assessment. Hedberg: Stated residents do pay for the sanitary sewer and water fund by paying their utilities. Poppler: Responded to Kinsley’s question that the lot at Lords and Manitou is two properties for a total of 47 units for the project. MOTION BY THOMPSON, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING AT 7:40 P.M. The motion carried. McGuire: Stated hats off to staff for getting the assessment lowered. Hedberg: Added it was great news when the costs came in below the bid. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 16-140 ADOPTING THE ASSESSMENT ROLL FOR THE MANITOU ROAD IMPROVEMENT PRO- JECT #TRN 16-000001 The motion carried. Hedberg: Stated the appeal was received from the property located at 4141 Raspberry Ridge Road NE and they have 30 days to file this with the court. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Resolution Annexing Property from Spring Lake Township into the City of Prior Lake by Orderly Annexation 9B Consider Approval of Resolutions Appointing City Advisory Committee Members City Manager Boyles presented on this topic dated October 24, 2016 Morton: Noted there were four great candidates including the incumbent. Stated after the inter- views and deliberation they suggest to appoint Dan Ringstad who is a former Planning Commis- sioner who was on the commission for nine years. Added he brings a lot of background with banking and real estate. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ Draft 10 24 16 City Council Meeting Minutes 5 Hedberg: Explained during the nine years Dan served there was many residential develop- ments that became great neighborhoods. Added his experience will serve us very well going for- ward. MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE RESOLUTION 16-141 AP- POINTING DAN RINGSTAD ON THE PLANNING COMMISSION Morton: Stated there will be further recruiting for the Lakes and Parks Advisory Committees. 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 MOTION BY HEDBERG, SECOND BY MCGUIRE DIRECTING STAFF TO CHECK INTO THE GRAINWOOD OBSERVATIONS, SHARE THEIR FINDINGS WITH MR. BUSSE AND RE- PORT BACK TO THE COUNCIL VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. 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 7:50 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☒ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager