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HomeMy WebLinkAbout4A 02 13 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES February 13, 2017 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors McGuire, Thompson, Burkart and Braid, City Manager Boyles, City Attorney Schwarzhoff, Assistant City Manager Olson, Finance Director Uram, City Engineer / Inspections Director Poppler, Community and Economic Development Director Rogness, Police Chief Elliott, Fire Chief Steinhaus, public Works Interim Director Wedel, Project Engineer Monserud, Recreation Coordinator Barstad, Maintenance Supervisor Theisen, Park Maintenance Worker Anderson 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 MCGUIRE, SECOND BY BRAID TO APPROVE THE AGENDA WITH AGENDA ITEM 7A MOVED BEFORE AGENDA ITEM 6A VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE FEBRUARY 13, 2017 REGULAR MEETING AS PRESENTED 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 a Resolution 17-012 Authorizing a Community Survey in 2017 DRAFT 02 13 17 City Council Meeting Minutes 2 C. Consider Approval of a Resolution 17-013 Approving a Temporary Liquor License Exten- sion for Charlies on Prior D. Consider Approval of a Resolution 17-014 Authorizing the Mayor and City Manager to Ex- ecute Two Subordination Agreements Related to a SAC Deferred Payment Agreement E. Consider Approval of a Resolution 17-015 Approving the City of Prior Lake 2016 Pay Eq- uity Implementation Compliance Report F. Consider Approval of a Resolution 17-016 Awarding a Contract to TMI Coating for Bridge Support Painting G. Consider Approval of a Resolution 17-017 Accepting the Feasibility Report and Schedul- ing a Public Hearing to Consider the 2017 Mill and Overlay Project H. Consider Approval of a Resolution 17-018 Awarding a Contract to Barr Engineering to Complete Part 2 of Wellhead Protection Plan Update I. Consider Approval Amendments to the City Council Bylaws and the 2017 City of Prior Lake Official Council Meeting Schedule J. Consider Approval of a Resolution 17-019 Accepting the Improvements for Jeffers Pond 4th Addition Development (#11-111) K. Consider Approval of a Resolution 17-020 Accepting the Improvements for the Hickory Shores South Development (#DEV2013-0009) MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the Franklin Trail Area Improvements Project, City Project # TRN17-000004 City Engineer / Inspections Director Poppler and Bolton and Menk Engineer Mike Warner presented on this topic dated February 13, 2017 Burkart: Asked what the pros and cons of not approving a roundabout would be and asked Poppler’s opinion on the roundabout not being approved. Poppler: Responded since the pavement is being ripped up, it would make sense to put that el- ement in now along with a pedestrian crossing because the roundabout would provide a good area for people to cross. Stated the traffic study indicates within the next 20 years there will be an issue with this intersection; right now, the need for the roundabout is for traffic and pedes- trian safety. Burkart: Requested confirmation that an assessment is determined as the first public road that is utilized leaving one’s property. Poppler: Responded correct; that is how it has been applied in accordance to the assessment policy. Braid: Asked if it would be possible to install a roundabout in the future. Asked if a mini rounda- bout is not approved, would the city stick with the existing configuration or add in the westbound turn lane. Asked if electronic signage could be added for a pedestrian crossing. Poppler: Recommended the westbound turn lane and have the crossing at that point. Braid: Asked if there are property impacts with the westbound turn lane. Warner: Responded to the turn lane can be fit into the existing roadway. Added the watermain DRAFT 02 13 17 City Council Meeting Minutes 3 needs to be replaced through the intersection, since the intersection will be torn up now would be the time to do the roundabout, it can be added later but it would cost more since it would have to be torn up again. Thompson: Asked Poppler to explain to the audience why the townhouses that are not directly on Franklin Trail being assessed. Poppler: Explained there are several properties that have a first access to a public street on Franklin Trail which is their opportunity to be part of an assessment because everyone is as- sessed once. Braid: Asked if adding pedestrian crossing signs to the current configuration would make it safer for people to cross the street. Warner: Responded signs can be added but he cannot state whether it would be safer or not; drivers would have to stop for someone in the crosswalk which has a lot of different options of signage. Briggs: Stated he is not in favor of a roundabout now and would like to see if the traffic in- creases. Asked if the westbound turn lane is supported in absence of a mini roundabout. Warner: Responded that turning left out of the parking lot is illegal because people are not to cross over a turn lane with the roundabout there could be a break in the road lines. Briggs: Asked what other options are available besides the roundabout. Poppler: Stated the existing condition could be left and the city could put in crosswalk signs but that means people taking a left turn would back up. Noted the road could be re-striped later as the traffic increases. MOTION BY THOMPSON, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 7:38 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Bryce Huemoeller, 16670 Franklin Trail: Stated his law firm sent a letter and he thinks the re- ports have understated the collector nature of that road. Believed the main traffic is going to the south commercial area which needs to be considered in the long-term planning and on how this project is dealt with. Stated there needs to be more talk about property access. Believed the roundabout is not needed right now and the roadway is safe. Added the assessment formula is incorrect due to it being a collector roadway. Christine Malecha, 5036 Bluff Heights Trail: Stated she does not feel like the assements are being metered out correctly and if they are going to be assessed those off of Dublin and Lions should be part of the assessment as well. Asked if the project goes over budget, who is paying for that? Stated she did not get the notices for the meetings on time. Lisa Moore, 16371 Timber Crest Drive: Seconded Malecha’s comments. Asked why are the homeowners off Brunswick not being assessed. Noted Franklin Trail is considered a municipal state aid street; is there funding for that? Russ Anderson, 4939 Bluff Heights Trail: Stated this is clearly a commercial street collecting from County Road 21 to the commercial area because it does not make sense to go around on Highway 13. Stated his association dues have gone up $50 per month to deal with their own streets. Asked how can the city assess on one side of the street but not the other side. Nate Reinhart, 16407 Timber Crest Drive: Stated technically residents are only getting as- DRAFT 02 13 17 City Council Meeting Minutes 4 sessed once as opposed to the streets on the other side of Franklin Trail but we are getting as- sessed twice with our own roadways. Al len Macentoon, 23991 Newport Ave: Stated he owns two units in Timber Crest Park. Se- conded the previous comments about being assessed twice. Asked if it is an option to leave the street width alone to slow traffic. Requested the city take over the private street. Greg Mclanahan, 5212 Hope Street: Stated he is representing Bluff Heights Apartments and is a condominium owner in the Franklin Trail Office Condominium. Believed the city should pick up the majority if not all the cost for this collector street. Noted the roundabout is premature. Stated Bluff Heights is a rental property so he will not be able to increase the rent cost because a street repair does not enhance the property. Dave Magdaughty, 16367 Timber Crest Drive: Stated roundabouts are dangerous especially with more traffic. Asked if there has been any thought to put in a pedestrian bridge over the road. Noted there should be a left-hand turn lane. Bob Claymore, 16534 Franklin Trail: Asked how long is a collector street supposed to last verses a residential street and did anyone come up with the numbers for the assessment per unit verses the acres. Added an association assessment is way different than a different as- sessment; he believes it is fair to pay their fair share for Bluff Heights. Ryan Dorn, 4903 Bluff Heights Trail: Stated he does not believe they should be assessed twice. Kristina Coda, 16469 Franklin Trail: Stated she lives on the corner of Franklin Trail and County Road 21. Noted when they exit their driveway they are in the turn lane to get to County Road 21; can something be done in that area to slow speeders? Shawn Meteg, 4876 Bluff Heights Trail: Asked why everyone on the south side of the road pay has to pay but no one on the north side. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 8:11 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked if the roundabout is premature? Poppler: Responded the traffic study suggests it does not need to happen now but this will pre- sent an issue in the future; we are building the road for a long life and it will save money to put in the roundabout now rather than redoing the road later. Added a collector street is built at a larger depth to last the same amount of time as a residential street with proper maintenance. Noted the roundabout is useful for traffic calming and pedestrian crossing. Warner: Noted people will still be able to take a left into that area; the mini roundabout does not have any access restrictions. Briggs: Asked if there are access challenges on other areas on this road. Warner: Responded right now there is a double yellow line preventing legal turns into drive- ways; with the mini roundabout, there can be an opening for the turns. Poppler: Noted the resident issue on County Road 21 and Franklin Trail was outside of the study area but the city can try to look at that for any options. Briggs: Asked for comments on pedestrian safety in the design. Poppler: Explained the north side is the appropriate side for a sidewalk and the crossing of Franklin Trail was the priority; we looked at options for people to cross from the high density DRAFT 02 13 17 City Council Meeting Minutes 5 commercial area and recommending a roundabout for safe crossing. Briggs: Asked for comments relative to traffic utilization, utilities and future utilization. Poppler: Responded it is a collector street so to equalize the assessment we capped the as- sessment at 36’ width to keep everyone paying for a local street; the extra width to get to a col- lector street is paid by the tax levy as opposed to assessments. Noted 40% of the street is as- sessed so the other 60% should be paid for by tax levy (40% is assessed, the remaining 60% is levy) of that 36’ wide street is assessed. Stated the traffic numbers are reflective of a 44’ wide street. Explained the intersection of Highway 13 and Franklin Trail has been discussed as part of the Arcadia extension down to Franklin Trail which does not have a project date. Briggs: Asked if we do any traffic studies to determine who is using this road from a traffic per- spective. Poppler: Responded we did not do destination by count to determine where they are coming from or going to but traffic is roughly 4,500 trips per day and the people that live in that area do not generate that many trips resulting in a collector street. Noted state aid could be used and if the council wants to use state aid on this road. Briggs: Asked what might that look like to council? Poppler: Explained state aid funding adds more review time so it would be a longer process for project delivery. Briggs: Asked if the project goes over budget or under budget, who benefits? Poppler: Replied it goes both ways passing costs onto everyone. Thompson: Asked for an explanation on the methodology of who is being assessed. Schwarzhoff: Explained the assessment policy lays out what can be used, generally it goes by a unit assessment for single family home areas. When there is an area with single family homes, apartments and commercial buildings another option is to do the assessment by area. The assessment taskforce reviewed this and decided the assessment by area was a more ac- curate value. The first point you access a public street from your property, that is what you get assessed for. If someone butts up to two streets it isn’t fair to do both roads. Properties to the south will be assessed when the roads they access off will be reconstructed. If you buy a house on a private street, you know that the city does not maintain those; much like a homeowner with a long driveway or a short driveway, they must maintain their own driveway. Associations com- monly build private streets which are of a lower standard. When a private street is requested to be taken over by the city to become a public street, the city requires that street to be built up to city standards which ends up costing more to the association. Disagreed that rental properties cannot have increased rental rates because an appraisal would be higher with a nicer street. Thompson: Stated even through this will be a collector street, those assessed are not charged for this collector street; the city pays for 60% and your assessment is 40% which is done per policy. Noted this also updates the water and storm water utilities for this area. Poppler: Reviewed where the city is at in the public improvement process for the special as- sessment project. Stated the collector street route is designed for heavier weight traffic. Briggs: Asked for clarification on what is needed from the council. Poppler: Stated the resolution is here to approve the design process which requires a 4/5 vote and we would like direction on the road width and mini roundabout. Braid: Asked to be walked through the state aid process. Asked if the road is narrowed can we still add a westbound turn lane in the future. Poppler: State aid would require an application and state aid review, then the council deter- mines what you are going to use the state aide for. Believed the road would need to remain wider for a future turn lane. Braid: Stated he would like to keep it wider to allow for that growth, he is not in favor of the roundabout, requested an addition of speed signs and some type of electronic pedestrian cross- walk and for staff to look at the house on the corner to assist traffic in that area. Thompson: Agrees with Braid but she would like to add in the left-hand turn lane because one of the issues is the left-hand turn lane backing up. DRAFT 02 13 17 City Council Meeting Minutes 6 Warner: Noted the left turn lane would prevent those exiting the parking lot to take a left-hand turn; you could maybe have a bypass lane instead of a turn lane. Burkart: Noted people can drive through both entrance/exit driveways. Thompson: Asked if anyone else likes this option. Braid: Stated he wants to stick with how it is. McGuire: Stated he is in favor of no mini roundabout and if state aid is used it should be applied to the tax levy since the last three projects did not have state aid applied to the assessments. Braid: Stated he would like the state aid to come in first then decide on how it should be ap- plied. Thompson: Noted she would like to see it applied to the property assessments. Schwarzhoff: Explained we only get a certain state aid fund, which may already be pro- grammed into other projects since we are only allowed a certain amount. Thompson: Asked if we know where the state aid is going to be applied to order the project. Poppler: Responded not now. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 17-021 ORDERING THE IMPROVEMENTS FOR THE FRANKLIN TRAIL AREA IMPROVEMENTS PROJECT, CITY PROJECT # TRN17-000004 WITH 11-FOOT-WIDE TRAFFIC LANES, KEEPING WIDTH WIDE BY HIGHWAY 13, FEEDBACK SIGNS, NO ROUNDABOUT, INSTALL ELECTRONIC PEDES- TRIAN SIGNS, ADDRESS PROPERTY TRAFFIC ISSUE ON THE CORNER AND CHECK INTO STATE AID McGuire: Asked if the left turn lane can be added in the future with the current configuration. Poppler: Responded the road would be built how it is today but it is wider for the option of future restriping. Thompson: Asked why it is not being added now. Poppler: Stated it is operationally working fine today but it is left for future flexibility. Burkart: Explained he is against the motion because he wants to see that westbound turn lane and he does not agree to narrowing the streets; he is against the electric signs as they are ex- pensive. Briggs: Noted reducing the road to 11’ would be traffic calming. Burkart: Stated he is not convinced that the narrowing of the road would provide traffic calming. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. RECESS Briggs: Called a recess at 8:59 p.m. RECONVENE Briggs: Reconvened the meeting at 9:02 p.m. PRESENTATIONS 6A Presentation on Monthly Police Reporting Changes Police Chief Elliott presented on this topic dated February 13, 2017 at the Work Session DRAFT 02 13 17 City Council Meeting Minutes 7 6B Presentation of a PUD Concept Plan for Residential Development by Pulte Homes Known as Griffith Woods Community and Economic Development Director Rogness, Pulte Homes Paul Hout and Rick Harrison Design Studio Rick Harrison presented on this topic dated February 13, 2017 Burkart: Stated this is a beautiful property and is impressed with the design and kudos to the de- velopment staff on a contemporary design. Believed the lot width is too small. Asked what kind of buffer will be in place with County Road 42 and will there be a frontage road. Hout: Responded they are going to leave as many trees as the can and there are buffers through- out the neighborhood; there are no plans for a frontage road. Burkart: Asked if the association will allow overnight parking. Hout: Stated any street that is 28’ or wider allows parking on one side. Harrison: Added these homes on average have a lot more driveway compared to a standard de- velopment. Burkart: Questioned if there are any issues with lakeshore access. Hout: Responded once the roads are connected, that will be their access. Burkart: Asked if it will be an issue with some homes having service and other homes not having service. Hout: Replied that they have not run into any issues with this in the past. Burkart: Questioned what types of involvement does your business have in the local community. Hout: Responded individually people volunteer but not as a company. Thompson: Asked where are they getting their water from. Poppler: Stated the ideal sewer connection is to go down to Rolling Oaks; water connections up on Carriage Hill Parkway and Ferndale but for looping purpose we encourage it going up Rolling Oaks as well. Thompson: Stated that will have no cost effect for those living on Rolling Oaks Road. Poppler: Stated there is an opportunity to work with the developer, Rolling Oaks and the city to get this done at a more efficient price. Briggs: Added there is an option to bring in sewer outside of Rolling Oaks all together. Hout: Correct it could go down Rolling Oaks or go east along County Road 42; these are sepa- rate projects but we need to determine which path to go and if a city project goes through they would still be their own project. OLD BUSINESS 8A Consider Approval of a Resolution Authorizing Funding for the 150th Street and TH 13 Improvement Project City Manager Boyles, City Engineer / Inspections Director Poppler and Finance Director Uram presented on this topic dated February 13, 2017 Boyles: Stated a clear message in the work session from the council is that this should not hap- pen again and staff will put together a plan for future work. McGuire: Stated this was discussed in most of the work shop and the road is a great improve- ment for Prior Lake and Savage residents with increased safety. Added he is not happy about the large increase but the city and council can learn from this and hopefully recoup some money. Braid: Stated he is upset as a resident; wants staff and the city manager to put checks in the system to make sure this does not happen again. Schwarzhoff: Noted one of the big areas was the property acquisitions which get more expen- sive each year. Explained from the time of the initial design was an estimated acquisition cost to be split evenly between Savage and Prior Lake with any overrun to be paid by Prior Lake due to Savage only wanting Zinran but Prior Lake wanted the 150th intersection. After we went into that we went from 6 properties to 18 properties. DRAFT 02 13 17 City Council Meeting Minutes 8 Briggs: Stated he echoes the comments of the other council members. Added on behalf of the tax payers of Prior Lake and the professionals who work at the city is tough to swallow. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-022 AU- THORIZING FUNDING FOR THE 150TH STREET AND TH 13 IMPROVEMENT PROJECT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Agreement with Keystone Compensation Group LLC to Conduct a Comprehensive Compensation Program Study and Allocating Funds for Completion Thereof Assistant City Manager Olson presented on this topic dated January 23, 2017 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-023 AU- THORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED PROFESSIONAL SERVICES AGREEMENT WITH KEYSTONE COMPENSATION GROUP LLC TO CONDUCT A COMPREHENSIVE COMPENSATION PROGRAM STUDY AND ALLOCATING FUNDS FOR COMPLETION THEREOF VOTE Briggs 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 11A Closed Session Pursuant to MS13D.05 Subd. 3 Relating To: 1. Highway 13/150th Improvement Project Street Land Acquisition from Bethesda Lu- theran Church, 15033 TH13, Prior Lake, MN 55372 2. Highway 13/150th Improvement Project Street Land Acquisition from Costello Par- cel ID 259300130 RECESS Briggs: Called a recess at 10:09 p.m. RECONVENE Briggs: Reconvened the meeting at 10:38 p.m. Briggs: Noted in the closed session council directed City Attorney relative to the items discussed. Stated on February 16, 2017 will be the first Town Hall Meeting on Communication. DRAFT 02 13 17 City Council Meeting Minutes 9 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 10:39 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager