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Home My WebLink About4A 03 13 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES March 13, 2017 CALL TO ORDER Mayor Briggs called the meeting to order at 7:05 p.m. Present were Councilors McGuire, Thompson and Burkart, 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, Recreation Coordinator Barstad, Planner Matzke, Sergeant Denmark and Executive Assistant Schroeder. Councilor Braid 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. Charley Bolger, 14560 Meadow Trail NE: Noted he owns rental property on Rolling Oaks Circle which adjoins his property. Stated he is in favor of a sewer and water study in relation to Rolling Oaks Circle; he sold property east of Rolling Oaks Circle to Pulte Group. Believed this develop- ment would likely include a new sewer line to go down Rolling Oaks Circle but would only serve the new development. Requested the sewer should include the ten residents on Rolling Oaks Cir- cle. Suggested it is the best time to proceed with these improvements due to the Pulte Group de- velopment going in. Noted several of his neighbors are open to this study. Added previous council has directed staff to not touch this study until the final plat is done but if the city waits residents will miss the opportunity to piggyback onto the Pulte construction costs. APPROVAL OF AGENDA Boyles: Requested that item 8B to be removed from the agenda. MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE THE AGENDA WITH THE REMOVAL 8B FROM AGENDA AND TO FORM AN AD HOC COMMITTEE COMPRISED OF LORI OLSON, ANGIE BARSTAD, SARAH SCHWARZHOFF, KEVIN BURKART, AND KIRT BRIGGS TO WORK WITH STAFF TO FORMULATE EVENT ORDINANCE AND FACILITY FEE STRUCTURE RECOMMENDATION FOR CITY COUNCIL VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY BURKART TO APPROVE THE MINUTES OF THE FEBRUARY 27, 2017 REGULAR MEETING AS PRESENTED DRAFT 03 13 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 a Resolution 17-029 for a Mutual Aid Agreement with Scott County with Respect to a 5.03 Acre Property Located at County Road 21 Between Duluth and West Avenue C.Consider Approval of a Refuse Hauler License for Certified Recycling LLC D.Consider Approval of a Resolution 17-030 Approving Amendments to the 2016 and 2017 Budgets for Project Expenditures Carried Forward from 2016 E.Consider Approval of a Resolution 17-031 Authorizing the City Manager to Execute the Annual Contract Between the City of Prior Lake and the Cooperative Purchasing Venture for Road Salt F.Consider Approval of a Report with Respect to Cellular Antennas and Small Cell Towers G.Consider Approval of a Resolution 17-032 Authorizing Solicitation of Consultant Pro- posals for the County Highway 21/Trunk Highway 13 Improvement and the Arcadia Im- provements H.Consider Approval of 2017 February Fire Department Report Burkart: Complimented City Attorney Schwarzhoff on putting together agenda item 5F. Thanked Fire Chief Steinhaus for breaking out mutual aid for the agenda item 5H. Briggs: Requested agenda item 5F to be brought back as a presentation with a look back to 2014 statistics. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL AGENDA ITEM 5F DIRECTING STAFF TO BRING BACK AT A FUTURE MEETING VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐☐ ☐ ☐ Absent ☐ ☐☐ ☐ ☒ The motion carried. PRESENTATIONS Police Sergeant Promotion Ceremony Police Chief Elliott presented Officer Rick Denmark to Sergeant. Denmark: Stated his thanks for the opportunity and happy to be working with a great group of cops. Briggs: Commented on Denmark’s training capabilities which were present during his police ride along. DRAFT 03 13 17 City Council Meeting Minutes 3 PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Ordering the Improvements for the 2017 Overlay Improvement Project, City Project # STR17-000001 and Preparation of Plans and Specifications Interim Public Works Director Wedel presented on this topic dated March 13, 2017 Thompson: Stated council has seen this before and it is not a complicated project. Briggs: Asked if Five Hawks could be worse than expected requiring more work. Wedel: Responded the public works staff has looked at the street and confident that the mill and overlay will work but there may be some spots that need to be worked further. Added there is a small contingency fund for spots like this. MOTION BY THOMPSON, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 7:36 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐☐ ☐ ☐ Absent ☐ ☐☐ ☐ ☒ The motion carried. Tom Sullivan, 5911 Cardinal Ridge Trail: Asked if this is the first year that residents are being asked to pay for this type of work. Questioned if there is enough money in the maintenance budget. Believes items like the digital signs, fancy street lights, inlaid sidewalks and the seven panels of glass on city hall all add up for unnecessary spending. Noted the TH13/150th project went overbudget. Stated he lives on a budget and believes the city should do the same. Wedel: Explained the project schedule. Stated yes this was the first year, basically if your house is receiving the improvement it increases the property value which should then be paid by the property owner verses the cost spread out to the entire city. Schwarzhoff: Added the process is the same exact process and theory as previous assess- ments; the only difference is this has not been done in the past as part of overlays which are now being done more regularly. Stated property owners have multiple opportunities to come to the council to speak. Matt Melanoski, 5872 Cardinal Ridge Trail: Asked how long this type of work lasts before it needs to be done again and how long does it last until the road needs to be reconstructed. Ques- tioned what is the homeowner’s responsibility to move or remove inground sprinklers. Asked if the assessment is done after the work is done, is it too late for residents to voice concerns. Wedel: Explained a normal lifecycle of a street from new construction, typically mill and overlays are done at year 20-25 that will give you another 15-20 years of life, at year 40 would be a full re- construction. Added sealcoating and crack sealing is done over the entire life of a street. Schwarzhoff: Stated Prior Lake city policy 40% is assessed and 60% is paid out of city funds. Wedel: Stated sprinklers only need to be removed in areas where public works has marked a cracked or damaged curb that need to be removed. Added assessments are not based on the construction costs because it is based off a fee. Schwarzhoff: Explained there is a public hearing to determine if the project should be done and then a public hearing to figure out what to charge the property owners; council can reduce as- sessments but the city must find a different way to pay for the project. Noted there is a risk to holding the assessment hearing before the project is done because a project could come in high and then the council needs to approve different funds to pay for the project or not order the pro- ject. DRAFT 03 13 17 City Council Meeting Minutes 4 Melanoski: Asked why an overlay project assessment is not the same as a reconstruction as- sessment which is 40% property owner and 60% city. Wedel: Responded that reconstruction projects are so expensive where as a mill and overlay is $1,200. Added when this was researched last year staff looked at other cities who researched the benefit of a mill and overlay has on a property. Schwarzhoff: Added it is just a different type of project since there is no underground utilities and curb work is limited. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ The motion carried. McGuire: Stated he was part of the council who changed this policy last year and it was de- cided to do assessments for those directly benefiting verses putting the cost on all the tax pay- ers throughout the city due to the review of other cities and hearing from taxpayers who felt taxes are going up way too much. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION ORDERING THE IMPROVEMENTS FOR THE 2017 OVERLAY IMPROVEMENT PROJECT, CITY PROJECT # STR17-000001 AND PREPARATION OF PLANS AND SPECIFICATIONS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☐ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ The motion failed. MOTION BY MCGUIRE, SECOND BY THOMPSON TO RENEW THIS ITEM AT A FUTURE MEETING VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Approving the Pebble Creek Shores Combined Preliminary and Final Plat, Development Agreement, and Private Use of Public Property Agreement Planner Matzke presented on this topic dated March 13, 2017 DRAFT 03 13 17 City Council Meeting Minutes 5 MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE RESOLUTION 17-034 AP- PROVING THE PEBBLE CREEK SHORES COMBINED PRELIMINARY AND FINAL PLAT, DEVELOPMENT AGREEMENT, AND PRIVATE USE OF PUBLIC PROPERTY AGREEMENT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ The motion carried. NEW BUSINESS No New Business Scheduled ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda OTHER BUSINESS / COUNCILMEMBER REPORTS 11A TH13/CR21 Intersection Project Status Report Poppler: Stated before you earlier tonight was action starting the process to solicit quotes for a city consultant which is an activity that has been worked on since the last meeting. Added city staff has met with Scott County to form the outline for the April 3, 2017 meeting with the Scott County Commissioners at 5:00 pm at the City Council Chambers. Noted Scott County is also looking at a consultant for the next meeting and delivering the entire project. 11B Closed Session Pursuant to MS13D.05 Subd. 3 Relating to the Zappetillo Property Located at 14994 Estate Ave SE Prior Lake, MN 55372 RECESS Briggs: Called a recess at 8:12 p.m. RECONVENE Briggs: Reconvened the meeting at 8:36 p.m. Briggs: Noted in the closed session council directed City Attorney relative to the items discussed. McGuire: Responded to Bolger’s earlier comment directing staff to not discuss the sewer line with residents on Rolling Oaks Circle. Noted he does not recall the direction being that stern but the idea was to wait until a serious offer was in play for the development. Schwarzhoff: Agreed she remembers council stating to not come back regarding the Rolling Oaks Circle until there is a serious development and at this point she believes staff could proceed. Boyles: Suggested council to wait until a preliminary plat is approved. 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 8:38 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ DRAFT 03 13 17 City Council Meeting Minutes 6 The motion carried. ________________________________ Frank Boyles, City Manager