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HomeMy WebLinkAbout12 12 16 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES December 12, 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, Finance Director Uram, Public Works / Natural Resources Director Gehler, City Engineer / Inspections Director Poppler, Community / Economic Development Director Rogness, Police Chief Elliott, Fire Chief Hartman, Community Development Specialist McCabe, Recreation Coordinator Barstad, 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. Ernie Peacock, 17325 Panama Ave: Stated during his orderly annexation process everything went wrong. Requested the orderly annexation be removed from the city’s agenda. Noted out of the 30 some homes 100% did not want to get annexed in his area. Added that in one of the meet- ings he gave councilors a list of properties with their addresses with information about their sewer and water systems with marked miss-information and gave a copy of the petition from the 35 homeowners who did not want the sewer and water installed. Stated the 35 homes were all listed as needing new sewer systems; he asked the county who said each home would have to have an inspection. Explained WSB came onto his property and identify where the wells and septic sys- tems where in seven inches of snow. Believed that the City Manager gave direction for that com- pany to come out to his property; suggested no one should be on his property without permission. Concluded that the City of Prior Lake had a private meeting that he was not allowed to attend. Noted his total cost to hook up his home was $55,000. Believed three homes have been lost to foreclosure due to the sewer and water hookup. Asked why he was annexed. Stated the other residents of Prior Lake may not have known they were paying for this annexation. Hedberg: Stated that area was annexed before he was on the council. Added Prior Lake is a growing city that provides for further development over the coming decades. Noted the annexa- tion agreements have been around since the early 1970s. Keeney: Stated there is a process in place to defer the water and sewer hookup. Lisa Rachber, CFO of Shepard of the Lake: Stated she has read through the staff report and recommendations for agenda item 9B and agrees. Thanked Finance Director Uram for his assis- tance and working on a resolution that works for all parties. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE AGENDA SECONDARY MOTION BY MORTON, SECOND BY MCGUIRE TO REMOVE ITEMS 6A AND 6B SINCE THEY HAVE ALREADY TAKEN PLACE AT 6:45 P.M. 12 12 16 City Council Meeting Minutes 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MAIN MOTION VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE NO- VEMBER 28, 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 Building Permit Summary Report C. Consider Approval of Animal Control Services Report D. Consider Approval of Resolution 16-168 Authorizing the Mayor and City Manager to En- ter an Agreement with Spring Lake Township for the Collaborative Maintenance of Shared Roads E. Consider Approval of Resolution 16-169 Authorizing the Acquisition of an Easement for the TH13/150th Street Project, City Project No. SP 7001-104 F. Consider Approval of Resolution 16-170 Authorizing Full and Final Payment to Northwest Asphalt for the Boudins Neighborhood Improvements, Phase II (City Project # TRN 12- 000001) G. Consider Approval of 2017 Cigarette License Renewals H. Consider Approval of 2017 Massage Therapy License Renewals I. Consider Approval of Resolution 16-171 Accepting the Stormwater Management and Flood Mitigation Study J. Consider Approval of Resolution 16-172 Authorizing the Mayor and City Manager to Exe- cute an Amendment to The Water Tower Antenna Agreement with Verizon For the Cedar- wood Street Water Tower Property K. Consider Approval of Resolution 16-173 Authorizing the Mayor and City Manager to Exe- cute a Communication Facilities Lease Agreement with Verizon at the Tower Street Water Tower Property 12 12 16 City Council Meeting Minutes 3 L. Consider Approval of Resolution 16-174 Authorizing the Purchase of Two Police Inter- ceptor Utility Vehicles MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA Morton: Explained that the two police interceptor utility vehicles for agenda item 5L are in the 2017 budget cycle but needed approved in 2016 to purchase the vehicles at the 2016 cost. The motion carried. PRESENTATIONS 6A Presentation for Retiring Fire Chief Doug Hartman 6B Presentations for Outgoing Mayor Kenneth Hedberg, Councilor Richard Keeney and Councilor Monique Morton PUBLIC HEARINGS 7A Public Hearing to Consider Approval of the Proposed 2017 Official Fee Schedule and Consider Approval of an Amendment to the Prior Lake City Code, Subsection 106.600 (Adoption of the Official Fee Schedule) and a Resolution Approving the Summary Ordi- nance for Publication Finance Director Uram presented on this topic dated December 12, 2016 MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:36 P.M. The motion carried. Leo Le, 4770 Pleasant Street SE: Stated he is the owner of Fongs and has been in business for 22 years. Asked the city to reconsider the liquor license going up to $7,000. Noted Burnsville is at $7,500 and is a lot bigger community which should not be compared to Prior Lake. Added that he is speaking on behalf of several business owners who agree this increase is large. Chad Gordon, 3151 Wilds Ridge: Stated he is the General Manager at The Wilds and agrees with Mr. Le. Commented business owners do not have the ability to pass increased charges along to their customers. Noted his business is at the mercy of the city since they have to get the liquor license from the City of Prior Lake. McGuire: Stated it is a big mistake that the city only makes large increases every six to seven years and he suggested smaller increases each year. Keeney: Stated the Police report notes 1-2% of their time is going towards DWIs. Added it is not out of line for establishments to pay these types of costs. Thompson: Questioned that Keeney does not know where the DWIs are coming from. Stated VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 4 smaller increases over time is easier for the businesses. Asked what the fees cover and why is it being increased. Uram: Explained fees are supposed to cover processing time for licensing which a lot of times goes back to Police enforcement. Asked Chief Elliott to elaborate. Elliott: Stated the licensing applications, compliance, inspections and enforcement are in place to help support those DWI stops. Hedberg: Stated he is sympathetic to these concerns and is in favor to getting to $7,500 over the next five years. Noted a specific schedule would be subject to review by the future council. Morton: Noted she supports that for the 2017 year. Thompson: Asked when the last time the development fees where increased. Uram: Stated the fees have not changed in the last five years. Added these increases are mini- mal for the dollar amount itself. Keeney: Noted that trunk fund balances are getting low which indicates our fees have not been high enough; it indicates we are spending more than we are collecting. Boyles: Stated the index had increased over 36% but the city has made no adjustments up to last year. Hedberg: Suggested as the new council goes over these fees evaluations need to be done to justify future adjustments. Thompson: Questioned the canoe rental. Uram: Answered this a rack rental for the season. Hedberg: Stated there should not be a fee to use City Hall rooms. Barstad: Responded the fee for City Hall room use is only for for-profits businesses. Thompson: Asked for clarification on the room clean up fee. Barstad: Replied that there have been times the room has been left in a mess and this would cover the additional clean up to the room. Thompson: Asked for clarification on the trailer parking fee at Sand Point Beach. Barstad: Explained there is a free DNR lot next to the City lot that is free and when that fills up people can purchase a daily sticker to park in the Sand Point Beach parking lot. Keeney: Stated parking lots cost money to maintain and this parking fee is appropriate. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 7:57 P.M. AND APPROVE ORDINANCE 116-23 REVISING SECTION 106.600 OF THE PRIOR LAKE CITY CODE AND ESTABLISHING A FEE SCHEDULE FOR ALL CITY LICENSE FEES, USER CHARGES AND PERMIT CHARGES PURSUANT TO MINN. STAT. § 462.351 TO 462.364 WITH THE EXCEPTION OF NUMBER 9 FOR ON SALE INTOXICATING LIQUOR LICENSE AND CHANGING IT TO $6,600 FOR 2017 ($7800 FOR 2018 AND INCREASING $100 EACH YEAR TO $7000 IN 2021), AND TO APPROVE RESOLUTION 16-175 FOR THE SUMMARY OF ORDINANCE 116-23 AND ORDERING THE PUBLICATION OF SAID SUM- MARY The motion carried. OLD BUSINESS 8A Consider Approval of Ordinances Revising the Following Section of the City Code: 1) Ordinance Revising Section 307 Related to Public and Private Gatherings, and a Resolution Approving a Summary of the Ordinance and Authorizing its Publication VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 5 2) Ordinance Revising Section 316 Related to Community Events 3) Ordinance Revising Section 605 Related to Nuisance Noise City Attorney Schwarzhoff presented on this topic dated December 12, 2016 Keeney: Asked for clarification regarding the outside sound ordinance. Schwarzhoff: Responded that it is for outdoor music only and this will be added to the ordi- nance if it is not currently listed in there. Thompson: Asked if she is having a family reunion with no music does she need a permit. Schwarzhoff: Answered it is only if you have over 25 people and music. Morton: Questioned if this applies to a child’s birthday party. Schwarzhoff: Responded if you have any amplified sound and 25 attendees you are covered with this permit. Hedberg: Stated he is concerned about the private gathering portion since there are other ways to regulate noise. Morton: Suggested this is going to be hard to police because people are not going to know about this permit. Agreed with Hedberg about the nuisance ordinance should cover the noise. Barstad: Clarified there is an outdoor event permit with outdoor sound that has been in place for years. Added the new process will cost people less money and it is mainly to notify neigh- bors and the police. Olson: Added this is a complaint basis ordinance and the city is not going to be policing events. Keeney: Stated the previous outdoor event was aimed at organized events. Noted he agrees with the Mayor that there is an ordinance in place to capture noise. Asked if this can be a notice rather than a permit. Barstad: Responded this is not for big events it is for the smaller parties. Added right now there is confusion with the different ordinances and this is to make it more clear with one application. Olson: Noted staff wanted to make sure having this one application will capture all issues such as parking. Hedberg: Asked for clarification on the gathering language. Schwarzhoff: Stated if the council is not in favor of this that is fine but staff needs direction; staff was not working towards big events and focusing on complaints surrounding backyard wedding receptions or church services in the park. Boyles: Stated if the council wants this to go up to 50 people we can since that is the present ordinance threshold; these types of items typically happen in evenings and weekends when the Code Enforcement Officer is gone so the police department is picking up these complaint calls. Noted this will help staff know about the event and when calls come in they have knowledge go- ing into the call. McGuire: Stated he is good with the ordinance since it is on a complaint basis and if the num- ber of people goes up to 50. Thompson: Agreed with the number of 50 people for the gathering. Keeney: Supported the 50 people but is concerned about the application needing to be done 30 days before the event. Barstad: Stated when you are planning a party for that size you would likely know 30 days in advance. Added staff has almost a two-week lag time but will address late applications on a case by case basis. Noted the shelters are all booked over 30 days in advance. Keeney: Asked if the city runs into any issues with free speech implications requiring a permit and fee. Schwarzhoff: Responded that should be avoided by limiting it to amplified sound and the num- ber of people because we are not concerned with why they are meeting or what they are saying. Keeney: Questioned if someone has a gathering who does not have a permit and police show up due to a complained, can they continue the party by turning off the amplified sound? Schwarzhoff: Answered yes it will be as a warning to please get a permit next time. Boyles: Stated the advance notice to neighbors can help keep the peace. 12 12 16 City Council Meeting Minutes 6 Thompson: Asked staff is not going to turn someone down if they are applying for a permit that is only 3 weeks out. Olson: Responded that is correct. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE ORDINANCE 116-24 RE- VISING SECTION 307 RELATED TO PUBLIC AND PRIVATE GATHERINGS AMENDING THE GATHERING TO 50 PEOPLE AND NOTING IT IS AN OUTDOOR EVENT, AND RESOLUTION 16-176 APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICA- TION, ORDINANCE 116-25 REVISING SECTION 316 RELATED TO COMMUNITY EVENTS, ORDINANCE 116-26 REVISING SECTION 605 RELATED TO NUISANCE NOISE The motion carried. 8B Consider Approval of a Resolution Adopting the 2017 Prior Lake Budgets and Certify- ing the Final 2017 City of Prior Lake to the Scott County Department of Taxation Finance Director Uram presented on this topic dated December 12, 2016. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE RESOLUTION 16-177 ADOPT- ING THE 2017 PRIOR LAKE BUDGETS AND CERTIFYING THE FINAL 2017 CITY OF PRIOR LAKE TO THE SCOTT COUNTY DEPARTMENT OF TAXATION The motion carried. NEW BUSINESS 9A Consider Approval of an Ordinance Amending Subsection 1102.806 of the Prior Lake Zon- ing Ordinance Relating to Dimensional Standards Community Development Specialist McCabe presented on this topic dated December 12, 2016. Hedberg: Stated staff recommends option three to table this item to find a proper resolution with all parties and extend the 90-day time limit. Noted there is a tentative joint county board and city council meeting in February and presumably this would be one of the topics of that discussion. Boyles: Stated Scott County called to clarify the county’s position to options three and four: Op- tion four the county finds it difficult to acquire the property because the county cannot purchase property beyond the appraised value. Option three worries the county because it is only a con- cept proposal with no engineering; if one line on a side is shifted it can change the whole con- cept. Stated the county is willing to work with the property owner and the city to resolve this is- sue. Noted Mr. Gross needs to waive his 90-day limit which expires on February 4, 2017 or the council has to deny the request. Added if council does not respond within 90 days the statute assumes it has been approved. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 7 Thompson: Stated when the property was purchased there was a 0’ setback, in 2009 it changed to the 30’ setback for greenway appearance. Asked if Mr. Gross was every compen- sated for the setback change. McCabe: Responded that Mr. Gross would not have been. Hedberg: Noted the new council is going to be working with the county to figure out an intersec- tion agreement. Stated we should go to the 10’ or 0’ setback but that is hard to do without the design of the intersection. Boyles: Noted the county did request federal funding which was not granted due to just missing certain criteria. Stated there will be a lot of prep work and the county will want to make sure the funding sources are in place. Thompson: Believed there is a lot of room on the concept. Hedberg: Responded as Boyles mentioned this is just a concept no engineering has been done. Thompson: Asked that the issue is this will cost the county more money. Boyles: Responded if it costs the county more it is going to cost the city more. Added it would be unfortunate if the concept was approved and then it comes back that it needs to be adjusted affecting the property owner. Morton: Questioned if we go to the 10’ setback and the roadway shifts we would then have to compensate. McCabe: Answered the city does not own that property it is just a setback. Explained the county’s concern is if there are improvements to the property the compensation will be greater than it is today. Schwarzhoff: Stated if everything stays the same today, they value of the taking will not change with the taking. Explained if the setback is moved any changes to the property would not have to come to the council for a variance; for instance, if the setback is moved to 10’ the property owner can build right up to that 10’ setback therefore increasing the value of the property. Keeney: Believed the issue is more to the east side of the building and he is concerned to use one mechanism to figure out a road design. Supported allowing the county some time to work with the property owner to acquire an option but he does not like drawing this out for a couple of years. MOTION BY MCGUIRE, SECOND BY THOMPSON TO DEFER THIS ITEM UNTIL FEBRU- ARY 27, 2016 CITY COUNCIL MEETING AND RECEIVE A 30 DAY EXTENSION FROM THE PROPERTY OWNER Rich Gross, 16268 Eagle Creek Avenue SE: Stated he is the property owner and has had three purchase agreements fall through. Noted he will grant the 30-day extension since he has no option if the redline is removed from his property. Hedberg: Noted two of the new councilors are in the audience and have heard this discussion. The motion carried. 9B Consider Approval of a Resolution Authorizing Adjustments to Various Commercial, Industrial and Multifamily Stormwater Accounts City Manager Boyles presented on this topic dated December 12, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☐ ☒ ☒ ☒ Nay ☐ ☒ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 8 Hedberg: Asked for clarification on the table that shows overpayment based on the last six years and the table that shows underpayment is also six years; how much is the amount pro- posed that they would have to pay us. Morton: Responded it will roughly be half of the extent of the current owner. Explained it would be three years to the current owner and if ownership changed within that three-year timeline it would only go back to the current owner. Stated the city wants to do the right thing and make sure that we take care of any parties that are hurt but at the same time we do not want to bela- bor it on the staff side. Hedberg: Asked that the table will have to be recalculated. Morton: Responded yes this was to show you the max statutorily. Boyles: Stated it is staff’s intent to audit this information one more time. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-178 AU- THORIZING ADJUSTMENTS TO VARIOUS COMMERCIAL, INDUSTRIAL AND MULTIFAMILY STORMWATER ACCOUNTS Hedberg: Thanked Keeney and Morton for working with staff to form a resolution. Thompson: Asked how is the city paying these people back. Boyles: Stated funds will be drawn from the stormwater account. Thompson: Questioned if it is too difficult to go to the accounts and make up the difference over years. Morton: Stated she and Keeney asked that same question. Explained it makes more sense to give them the funds now and then those who owe money are given 9 billing cycles which brings us to 2018 at which point it can go to the county and onto the 2019 assessments. Keeney: Commented it would be unfair to hold onto someone’s money for the mistake and on the flip side that is a harsh thing to discover that the fees were incorrect so this is a customer service to spread out the repayment. The motion carried. 9C Consider Approval of an Ordinance Amending Section 1107 of the Prior Lake Zoning Ordinance Relating to Signage Community Development Specialist McCabe presented on this topic dated December 12, 2016. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE ORDINANCE 116-27 AMENDING SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO SIGNAGE AND TO APPROVE RESOLUTION 16-179 APPROVING THE SUMMARY AND PUBLICATION OF ORIDNANCE 116-27 Morton: Asked what the 500’ separation is for. McCabe: Responded the 500’ is for an off premises identification sign and the 200’ separation is for any other free standing sign. Morton: Stated this question was specific to Deerfield since there are two entrances and she thought there would be a lot of signs stacked up. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 9 Keeney: Commented in the past this was not something he was not in favor of but these are modest changes. Asked staff to explained where these types of signs would go. McCabe: Stated the idea would be 20’ from the county right-of-way on any parcel. The motion carried. 9D Consider Approval of: (1) an Ordinance Amending Section 1101.700 of the Prior Lake Code and the Official Zoning Map for the City of Prior Lake to Amend the Shepherd’s Path Final PUD Plan, and (2) a Resolution Approving the Lake Ridge Apartments Final Plat and Development Agreement Community / Economic Development Director Rogness presented on this topic dated De- cember 12, 2016. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE ORDINANCE 116-28 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE TO AMEND THE SHEPHERD’S PATH FINAL PLANNED UNIT DEVELOPMENT PLAN AND ADOPTING BY REFERENCE CITY CODE SEC- TION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS Morton: Noted she was a liaison for the Planning Commission and during the public hearing the SMSC stated concerns about the stormwater management and her interpretation was that the SMSC was looking for a right of refusal which bothered her but she supports the Planning Com- missions decisions. Added this dovetails in with the Maxfield study for senior housing as a whole. Thompson: Stated the original PUD had a hockey rink and a soccer dome. Asked if the city can hold someone accountable to make sure the developer builds that hockey rink and soccer dome. Rogness: Believed you could but he questions the fact that the comprehensive plan supports this as high density residential. Added overall the housing that was approved is high density housing and the PUD plan as you see it clearly indicates the hockey and soccer dome as the approved recreation use. Schwarzhoff: Commented that the city can never force someone to develop but council could deny the request for amendment which still has to be reasonable. Hedberg: Noted this PUD was planned and approved prior to the SMSC constructing a second rink at Dakota. Added the master park plan which now includes more area for playing fields was just emerging as with this PUD. Thompson: Asked if this is a 55 plus development. Rogness: Responded no this is general market rate housing. Keeney: Stated the letter from the SMSC did mention traffic volume, are there any comments on that? Rogness: Explained staff did provide our own analysis of traffic and was submitted to the Plan- ning Commission; the traffic fits with this PUD and the biggest issues was installing a traffic sig- nal. Added the SMSC did request an unbiased report would be necessary but staff did not agree that was needed. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 10 The motion carried. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 16-180 AP- PROVING THE LAKE RIDGE APARTMENTS FINAL PLAT AND DEVELOPMENT AGREE- MENT The motion carried. Hedberg: Stated he is excited for this project. 9E Consider Approval of an Ordinance Amending Subsection 1104.309 (Island Develop- ment) of the City Code Planner Matzke presented on this topic dated December 12, 2016. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE ORDINANCE 116-29 AMEND- ING SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY CODE Hedberg: Stated if someone does have multiple lots held together, what happens to that lot? Matzke: Responded the lot sale is processed through the county, if the city received an applica- tion for a building on one of the lots staff will compare the build to our documentation and will catch that it is not a buildable lot. Schwarzhoff: Added there is no good way to enforce this. Stated staff would like to have prop- erty owners combine the lots to get rid of the problem but if someone came in to build, the city would deny it and the buyer would revert to the seller. Matzke: Commented that staff will draft a memo to be mailed to property owners letting them know what can be done to combine properties to make sure they are aware of the information. Hedberg: Stated he supports this but wants it clear. Asked what happens if the property keeps selling over and over, is it possible to attach a notation to the property about them being a com- bined lot and if separated neither are buildable. Matzke: Believed the property owner would have to allow permission for a note to be added to the property deed. Schwarzhoff: Agreed with Matzke that you cannot just add a note to the deed but there may be a way to put this into the zoning ordinance. Keeney: Asked if this can go through an administrative subdivision process or does it have to be property owner initiated. Schwarzhoff: Stated it has to be property owner initiated; the city cannot force property owners to combine the lots. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 11 The motion carried. MOTION BY HEDBERG, SECOND BY MCGUIRE TO DIRECT STAFF EXPLORE IF OR HOW THE CITY COULD DOCUMENT LIMITATIONS ON PROPERTY TITLES The motion carried. 9F Consider Approval of a Resolution Setting the City Manager's Base Salary for 2017 and Approving the Employment Agreement Mayor Hedberg presented on this topic dated December 12, 2016. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE RESOLUTION 16-181 SET- TING THE CITY MANAGER'S BASE SALARY FOR 2017 AT 1.5% OVER HIS 2016 BASE SALARY AND APPROVING THE EMPLOYMENT AGREEMENT The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda OTHER BUSINESS / COUNCILMEMBER REPORTS Morton: Said goodbye to Fire Chief Doug Hartman and her fellow council members, city attorney, and staff. Thanked them for teaching her everything over the last years. Welcomed the new coun- cilors. McGuire: Thanked Hedberg, Keeney and Morton for helping get the job done. Keeney: Appreciated this opportunity to contribute to the community and to the councilors here for their work and tough decisions. Thanked the hard work from the city staff. Hedberg: Stated it has been his honor and privilege to work alongside the councilors over the years and it is a unique and humbling experience. Added it was an honor to work with the staff as they represent the city well. RECESS Hedberg: Called recess at 9:59 p.m. for a Closed Session Pursuant to M.S.13D.05 Subd. 3b with Respect to Condemnation of Portions of the Benjamin Property Located at 6466 150th Street, Prior Lake, MN for the 150th/TH13 Improvement Project VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 12 12 16 City Council Meeting Minutes 12 RECONVENE Hedberg: Reconvened the meeting at 10:26 p.m. Stated council received a report regarding the matter of the closed session and directed city attorney and council on how to move forward with those negotiations. ADJOURNMENT With no further business brought before the Council, a motion was made by Morton and seconded by Keeney to adjourn. The motion carried and the meeting adjourned at 10:27 p.m. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager