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HomeMy WebLinkAbout4A 01 09 17 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 9, 2017 CALL TO ORDER Acting Mayor McGuire called the meeting to order at 7:00 p.m. Present were Mayor Elect Briggs, Councilors McGuire and Thompson, Councilor Elect Burkart and Braid, City Manager Boyles, City Attorney Schwarzhoff, Assistant City Manager Olson, Finance Director Uram, Public Works / Natural Resources Director Gehler, City Engineer / Inspections Director Poppler, Community and Economic Development Director Rogness, Police Chief Elliott, Fire Chief Steinhaus, Project Engineer Monserud and Executive Assistant Schroeder. OATH OF OFFICE Attorney Adam Blahnik gave the oath of office to Mayor Elect Kirt Briggs. Police Chief Mark Elliott gave the oath of office to Councilor Elect Zach Braid. Scott County Sherriff Luke Hennen gave the oath of office to Councilor Elect Kevin Burkart. RECESS McGuire: Called a recess at 7:10 p.m. RECONVENE Briggs: Reconvened the meeting at 7:16 p.m. 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 BRIAD, SECOND BY MCGUIRE TO APPROVE THE AGENDA WITH THE ADDI- TION OF AGENDA ITEM 10F CONSIDER APPROVAL OF DIRECTION TO STAFF TO PRE- PARE A REPORT ON THE POTENTIAL ACQUISITION OF PROPERTY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE DE- CEMBER 12, 2016 REGULAR MEETING AS PRESENTED DRAFT 01 09 17 City Council Meeting Minutes 2 VOTE Briggs McGuire Thompson Burkart Braid 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 October 2016 Treasurer's Report C. Consider Approval of November 2016 Treasurer's Report D. Consider Approval of a Resolution 17-001 Electing the Nonwaiver of Statutory Municipal Tort Liability Limits and Declining Excess Liability Insurance Coverage E. Consider Approval of a Resolution 17-002 Authorizing Full and Final Payment to Honey- well Inc. for the Guaranteed Energy Savings Project (FAC-2012-001) F. Consider Approval of a Resolution 17-003 Authorizing Full and Final Payment to Northdale Construction for the County Road 21 Watermain Replacement (WTR15- 000003) MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 7A Oath of Office for Fire Chief Rick Steinhaus City Manager Boyles presented on this topic dated January 9, 2017 Briggs: Administered the oath of office to Fire Chief Rick Steinhaus. RECESS Briggs: Called a recess at 7:24 p.m. RECONVENE Briggs: Reconvened the meeting at 7:29 p.m. PUBLIC HEARINGS 8A Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the Cates Street Area Improvements Project, City Project # TRN17-000002 City Engineer / Inspections Director Poppler and Bolton and Menk Engineer Mike Warner presented on this topic dated January 9, 2017 Burkart: Asked what changes were made due to the resident comments from the 2017 survey. Poppler: Stated the original report did not have a trail and sidewalk and the residents confirmed DRAFT 01 09 17 City Council Meeting Minutes 3 they did not want to have trails or sidewalks put in. Noted there was interest for street lighting but only in the intersection; not the city’s standard of every 300 feet. Added it is good to hear what the residents are concerned about to help with the design. Braid: Asked for staff recommendation based on resident the resident feedback. Poppler: Noted some items were council direction after the questionnaire went out. Added to- night is the opportunity to hear from the public on the original feasibility report and those direc- tives from the council to study further. Explained another neighborhood meeting was held De- cember 14, 2016 and residents commented the addition of trails and sidewalk were not needed. Briggs: Noted the last council directed staff to add trails but in the staff sidewalk and trail gap study they did not identify this area in need of trails. Asked if council did request moving forward with the trails and sidewalks, how would the $290,000 cost for this be addressed? Questioned why staff desires the turnaround on Five Hawks Avenue. Encouraged that drainage issues at Cates and Park can be addressed without a storm sewer but walk the council through how that works with grading and concerns staff may have for excess surface water runoff. Poppler: Responded park funding or a tax levy component would need to be used for the trail and sidewalk costs. Responded the hammerhead is needed for vehicles to turn around on pub- lic streets without having to go into someone’s driveway or backing up down the road. Explained this road was intended to go through to another road which has not happened so staff is trying to address dead ends when these projects occur. Responded the storm sewer was envisioned to raise up the intersection at Cates and Park to provide a valley gutter which is a concrete gut- ter that goes across Cates street into the south to drain this intersection. Warner: Added Park Avenue has a high point that drains south and goes all the way to Dutch Avenue that has a storm sewer system; Cates Street has a high point east of Five Hawks where the pavement is not graded correctly causing water to sit. Stated the north side needs to be raised up or a valley gutter would make the water go across Cates and drain to the low point. Braid: Stated if the Park Avenue project is moved until 2018, would that reclamation portion of the project be pulled out? Asked for clarification that the sidewalk costs are $290,000 which the residents noted they do not want them. If the Park portion was delayed will we be able to ad- dress the flooding issues at the Cates intersection so the city is not ripping it up down the road to do it twice. Poppler: Responded if Park Avenue was delayed the city would do a temporary fix for the drainage and the $290,000 for the trail and sidewalk for the yellow and blue areas on the map. Thompson: Asked what portion of the street would be moved from reclamation to reconstruc- tion, is that all of Park Avenue and if so why? Poppler: Replied yes all of Park Avenue up to Pleasant Street which would allow the city time to study if the street is strong enough. Stated another impact is work being done in the neighbor- hood because Green Heights is proposed in 2018 and Park Avenue in 2017 that would be two years of construction on the main roadway verses if Park Avenue was done at the same time as the Green Heights project, we can limit that construction to one season. Thompson: Clarified staff suggested moving the Park Avenue project to study the road a bit more and that it would be good for the neighborhood. Asked that it is just a reclamation on this street? Poppler: Responded yes. MOTION BY BURKART, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 8:13 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 01 09 17 City Council Meeting Minutes 4 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Bill Weber, 4110 CJ Circle: Stated the first notice was dated November 30, 2016 but he did not receive it until December 19, 2016. Asked for notices to be sent more timely. Asked for clarifica- tion on if his property will be a reclamation, reconstruction or both. Poppler: Stated the blue area is reconstruction; the city would be removing the pavement, put- ting in concrete gutter and restoring the pavement along with utility repairs. Kathy Sorenson, 16351 Albany Ave SE: Stated she is against the sidewalk being added and presented a petition signed by neighbors. Requested the flooding at the end of Albany and Cates be addressed. Bill Heptig, 16439 Park Ave: Stated he does not want to see Park Avenue turned into a larger street as he sees it being an extended parking area for a local business. Stated this street was done 30 years ago and said they were told they would last 50 years; he would like to see the maintenance actually be done so it does last that long. Tim Henning, 16411 Albany Ave: Believed something needs to be done with the dam on the south side of Cates because the water is backing up into his yard. Asked that the road east of Albany not be tore out because it is good for parking and snow piles. Lisa Halk, 16492 Five Hawks Ave: Stated she does not want sidewalks in this block because it would take up a lot of space on her property. Added the lighting at the south end of the street is dark but that is what they prefer. Scott Snoco, 4151 Cates Street: Stated he does not want a sidewalk either. Noted he supports the project but his property does have stormwater sewer on his east property line and he is un- clear if that area will be serviced because it will disrupt his property; he is not against the service but just wants to understand. Added there was discussion regarding the creek from St. Michaels down through Charlie’s has an easement through his property; has the city considered if recon- struction will occur in conjunction as this adds a third side of his property to be disrupted. Again, noted he understands if it has to be done but just wants to know what the impacts are. Lori Zigerson, 16494 Five Hawks Ave: Stated she is not in favor of the turnaround in the street because there is already an issue with snow being piled in their yard. Dewey Horseman, 4114 CJ Circle: Stated he is not in favor of the sidewalks or trails. Asked how much it will cost to get rid of the chunk of road on Albany and Cates on the east side and what is the benefit of taking it out. Agreed the flooding at that end needs to be addressed. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 8:31 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Restated resident questions for Poppler to answer. Poppler: Stated addresses for notifications are obtained from Scott County; if you have con- cerns for where the notifications are going please call 952.447.9830 or call him at 952.447.9832. Stated the channel is being quoted to figure out what improvements are needed which will be studied together with this project. Noted there may be improvements in those easement areas and the channel; there will be more information at the next public meeting in DRAFT 01 09 17 City Council Meeting Minutes 5 March. Stated the portion of Cates Street to be removed could be used for a low area of treat- ment from water flowing down Albany. Added the snow removal would be pushed around the curve instead of to the end of Cates; removing this pavement is about $5,000. Staff was not en- visioning sidewalks or trails and the staff recommendation is not to add them into the project. Thompson: Clarified that removing the section of Cates is for drainage and the snow will not pile up there anymore because it will be plowed differently. Poppler: Responded correct and it was mentioned this is used for overflow parking that council may want to think about. Thompson: Asked Poppler to sell her on the hammerhead request and will the hammerhead help with the snow. Poppler: Replied the snow removal would be further away from the residents because it can be plowed into the hammerhead. Stated safety is the main purpose of the hammerhead because right now large vehicles and cars have to back out of Cates Street to get out. McGuire: Stated he is in favor of the staff recommendation of no sidewalk or trails and supports doing the turnaround for public safety standpoint. Stated Park Avenue should be left at 26 and the city should fix the stormwater in 2017 as well as consider the other stormwater issues in this area. Braid: Stated he is not in favor of the sidewalks nor the hammerhead since residents do not want them. Suggested Park Avenue and addressing storm sewer should be moved to 2018. Thompson: Agreed to no sidewalks or trails and she is in favor of the hammerhead; does not want to widen Park Avenue and is fine either if it is done this year or in 2018. Burkart: Agreed not to pursue the sidewalks or trails. Understood staff would like a full turna- round but the hammerhead saves some money. Added Park Avenue is such a mixed area with Charlie’s of Prior and residents so widening of the street is appropriate. Briggs: Agreed with Burkart and Thompson’s comments. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-004 OR- DERING THE IMPROVEMENTS FOR THE CATES STREET AREA IMPROVEMENTS PRO- JECT, CITY PROJECT # TRN17-000002 WITH NO SIDEWALKS, APPROVED THE TURNA- ROUND AT FIVE HAWKS AVE, ADDRESS PARK AVENUE AT 26’ FOR 2018, AD- DRESSSTORMWATER ISSUES IDENTIFIED AT THE PUBLIC HEARING. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. RECESS Briggs: Called a recess at 8:49 p.m. RECONVENE Briggs: Reconvened the meeting at 8:53 p.m. 8B Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the Franklin Trail Area Improvements Project, City Project # TRN17-000004 Briggs: Stated the council recently received comments in written form from citizens and there is a lot of information in this agenda report that he feels the council could use more time to work through. Asked for clarification from the City Attorney on options regarding the public hearing DRAFT 01 09 17 City Council Meeting Minutes 6 process tonight. Schwarzhoff: Responded the first option is to proceed with the public hearing just as with Cates by listening to Poppler’s report, councilors could ask questions, listen to the public, close the public hearing and council decides. Explained the public hearing can take place tonight but the council does not have to make a decision immediately upon closing the public hearing because council has six months from the date of the hearing to order the project. Explained council could open the public hearing tonight, not take any staff report, public testimony and immediately con- tinue the public hearing announcing a date and time for the continuation. Stated council could listen to Poppler’s report tonight or it could be moved to when the public hearing is continued so that everything is done on one night. McGuire: Suggested to open the public hearing and continue the public hearing. Thompson: Asked if staff can start the project without the public hearing? Schwarzhoff: Responded no council must hold the public hearing before the project is ordered. Burkart: Asked how many people are on the list to speak tonight. Briggs: Replied there are four who signed up. Added there has been written testimony submit- ted. Burkart: Believed the holidays and a quick timeframe for this project has caused some push back from the community. Stated he would like to open it up for public comments out of respect for those who have come to the meeting and then postponing the project. Briggs: Suggested that the report is not given tonight and the meeting continued. MOTION BY MCGUIRE, SECOND BY BURKART TO OPEN THE PUBLIC HEARING AT 9:04 P.M. AND CONTINUE THE HEARING ON FEBRUARY 13, 2017 AT 7:00 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. RECESS Briggs: Called a recess at 9:04 p.m. RECONVENE Briggs: Reconvened the meeting at 9:10 p.m. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 10A Consider Approval of the 2017 Goals and Objectives for City Advisory Committees City Manager Boyles presented on this topic dated January 9, 2017 Thompson: Stated on the EDAC objectives it states to form a subcommittee. Asked what that subcommittee is for. Rogness: Responded the EDAC periodically does assign tasks to a subcommittee to work on a specific topic; this one is to figure out how to improve business climate and looking at ways to do this with new technology. Thompson: Confirmed that this is a temporary subcommittee. Asked if this is something that the EDA board can do? DRAFT 01 09 17 City Council Meeting Minutes 7 Rogness: Replied that the EDAC is a large group so the subgroups work better to complete tasks. Thompson: Concerned that there are so many different boards, committees and subcommittees all do the same thing which sounds like a lot. Rogness: Asked if it would sound better if it was called a subgroup or if she wanted them to tackle it as a whole they may do that as well. Thompson: Noted she is liaison this year and will learn more but wanted to make sure it was a temporary subcommittee. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE THE 2017 GOALS AND OBJEC- TIVES FOR CITY ADVISORY COMMITTEES VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 10B Consider Approval of the 2017 Annual Appointments City Manager Boyles presented on this topic dated January 9, 2017 Burkart: Asked if the council is comfortable asking clarifying questions during public forum and hearings because the more communication we have the better. McGuire: Stated it can get confusing with the conversation going back and forth and would like the questions directed through the Mayor. Thompson: Stated in her experience you do not really ask questions while speakers are at the podium unless necessary. Schwarzhoff: Noted it is preferred to not asked questions but if it is needed request permission from the Mayor to get the floor; limit questions to yes and no responses. Burkart: Asked if section 702 trumps section 901.8. Stated he wants to get answers to residents that are here and asking questions. Schwarzhoff: Responded that section 702 is directed during the meeting and section 901 ad- dresses the public hearing itself; it does not specify if you can ask questions of the public while they are up speaking but we do want to avoid the back and forth conversation. Burkart: Asked for clarification on going through the chair. McGuire: Responded that councilors do not have the floor until the chair acknowledges you and simply say Mr. Chair. Boyles: Suggested time be scheduled to discuss the process offline to understand the reasoning. Burkart: Stated there should be a motion and second first and then debate. Schwarzhoff: Added that has been the standard procedure however at times there is question on what the motion should actually be so discussion may occur before the motion takes place. Burkart: Stated he is not listed as the liaison for the Prior Lake Spring Lake Water District. Noted he is fine that Thompson is listed but wanted to confirm that is correct. Briggs: Responded in an effort to balance the meeting load some slight conversations were made. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE 2017 ANNUAL AP- POINTMENTS, BYLAWS AND RESOLUTION 17-005 DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE DRAFT 01 09 17 City Council Meeting Minutes 8 Burkart: Asked for clarification on the local bank as there is only regional banks. if for clarification on the bank choice Boyles: Responded the Prior Lake State Bank was the city’s official bank at one time. But when RFPs are done we look at what kinds of electronic services are being offered and the various kinds of protections to city resources. Burkart: Asked if there are state requirements for how often to change the auditor. Schwarzhoff: Stated there are not but this goes out for RFP as well. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 10C Consider Approval of the 2017 Meeting Schedule City Manager Boyles presented on this topic dated January 9, 2017 Briggs: Stated he wanted to further community involvement in the council meetings. Added the memo says April 1, 2017 to make this change but the objective is to do it when it makes sense for everyone. Noted the Planning Commission Chair wants to discuss this at the January 17, 2017 meeting and will direct the conversation back to the bylaws and compensation committee. McGuire: Stated he has conflicts with the first and third Monday for a few months. Added he would prefer the meeting to stay on Mondays. Thompson: Noted this is important for the community to attend the meetings. Explained she was the school board liaison a couple years back and could only attend one meeting since they fall on the same night. Braid: Stated he is in favor of the switch but not until the 3rd quarter of 2017. MOTION BY MCGUIRE, SECOND BY THOMPSON TO REFER THIS TO THE BYLAWS AND COMPENSATION COMMITTEE AND TAKING INTO CONSIDERATION THE PLANNING COM- MISSION FEEDBACK Burkart: Stated he is in favor of the change to grow engagement. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 10D Consider Approval of the 2017 Work Session Agenda City Manager Boyles presented on this topic dated January 9, 2017 Thompson: Stated she will not be at the June 12, 2017 meeting. McGuire: Noted he is in favor of allowing flexibility with this schedule. Burkart: Stated he will not be at the January 23, 2017 meeting. Asked when new opportunities or a brainstorming session can be scheduled. Boyles: Responded that could be discussed in the retreat or any of the open slots. DRAFT 01 09 17 City Council Meeting Minutes 9 Briggs: Stated he would like to explore a retreat given the new council and the opportunity to work through with staff. Suggested a June Saturday or earlier. McGuire: Suggested a two-day retreat on Friday and Saturday in order to get a lot done. Thompson: Noted a Friday and Saturday is long; she was thinking of a four-hour retreat. Briggs: Stated the format that the City of Hopkins and McGuire’s Willmar experience has been a day and a half; Boyles prefers a one day retreat on a Friday. Boyles: Stated if council wants the staff present he suggests a Friday. Thompson: Responded she can make a Friday work. Braid: Responded he can make Friday work as well. Boyles: Suggested this retreat would include the 2040 Vision and Strategic Plan, Comprehensive Plan, teambuilding, new ideas and anything else? Briggs: Added communication. McGuire: Suggested just giving ideas to Boyles to relay to the rest of the staff. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE THE 2017 WORK SESSION AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 10E Consider Approval of a Report Proposing a Town Hall Meeting on Thursday, February 16, 2017 City Manager Boyles presented on this topic dated January 9, 2017 Briggs: Stated the town hall would be informal and short on talk with more listening. Noted this is new ground so he does not want to do anything to give the appearance that this is to replace any official decisions; it is meant to be a two-way communication. Stated these would be quarterly and topics would be aligned with in a subsequent quarter. Braid: Stated he is in favor of the town hall meetings; it is a way to showcase the meeting and have them in other areas in the city such as the Fire Station or Public Works. Added he does not want to add workload to staff so it would be good to reuse information already available. Thompson: Asked if 45 min is enough time and will staff have to attend. Suggested when the meeting is advertised the subject should be provided. Boyles: Responded staff will attend depending on the topic. Schwarzhoff: Suggested this should be added to the regular schedule of meetings so council can discuss any topic that comes up; if you do not add this to the regular schedule it becomes a spe- cial meeting which means you can only discuss the topic that is posted. McGuire: Stated he was involved in cities with something similar where it was more of a Mayoral meeting and discouraged other city council members from coming. Noted he does not want this to become something where notes will be needed or the need to record the meeting. Believed a spe- cific topic makes sense. Burkart: Noted he likes the idea and how this creates engagement and would like to schedule the four meetings today. Stated he had suggested City Council meetings off-site but realized that can- not happen due to security. Asked Chief Elliott for his thoughts on security for the town hall meet- ing taking place at Club Prior. Elliott: Stated there can be security but there may be a need for more than one officer present re- sulting in additional costs. DRAFT 01 09 17 City Council Meeting Minutes 10 MOTION BY BURKART, SECOND BY MCGUIRE DIRECTING THE CITY MANAGER TO SCHEDULE FOUR TOWN HALL MEETINGS IN 2017 BEGINNING AT 6:00 P.M. VOTE Braid McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 10F Consider Approval of Direction to Staff to Prepare a Report on the Potential Acquisi- tion of Property Located at 16268 Eagle Creek Avenue for Consideration at the January 23, 2017 Meeting Braid: Stated this is a fact-finding option before the meeting with Scott County. Noted he fol- lowed the situation with the previous council and he has concerns that this property owner will be left in limbo with the setback changes the city has previously made while discussions are had on the layout of the County Road 21 and County Road 13 intersection. Stated the city needs to be sure to balance the right of the property owner and the public improvement project objec- tives. Stated he wants to make sure the council is looking at all options resulting in staff fact finding options at this time before the discussion takes place. McGuire: Stated this is basically to direct staff to look at the different options of this property. Thompson: Asked this is suggesting the city purchase the property? Braid: Responded the reason of the motion is to have staff look into purchasing the property so the council knows all of the options. Thompson: Asked if this would come back at the next meeting. Braid: Replied yes due to the upcoming Scott County meeting. Briggs: Supported directing staff to explore this option. MOTION BY BRAID, SECOND BY THOMPSON TO DIRECT STAFF TO PREPARE A REPORT ON THE POTENTIAL ACQUISITION OF PROPERTY LOCATED AT 16268 EAGLE CREEK AV- ENUE FOR CONSIDERATION AT THE JANUARY 23, 2017 CITY COUNCIL MEETING Burkart: Asked for clarification on the need to direct staff. McGuire: Stated the council has to agree to direct staff which goes through Boyles who then as- signs the project. VOTE Braid McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda OTHER BUSINESS / COUNCILMEMBER REPORTS Schwarzhoff: Explained the process regarding the special assessment process. Noted the two appeals for the Mushtown Improvement Project were dismissed by the district court. DRAFT 01 09 17 City Council Meeting Minutes 11 McGuire: Stated it is unfortunate about the misunderstanding for the Franklin Trail Public Hear- ing. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded by McGuire to adjourn. The motion carried and the meeting adjourned at 10:21 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager