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HomeMy WebLinkAbout4A 03 27 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES March 27, 2017 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors McGuire, Burkart and Braid, City Manager Boyles, City Attorney Schwarzhoff, Assistant City Manager Olson, Finance Director Uram, City Engineer / Inspections Director Poppler, Police Chief Elliott, Fire Chief Steinhaus, Public Works Interim Director Wedel, Recreation Coordinator Barstad, Planner Matzke, Community Development Specialist McCabe, Public Works Technician Zurbey, Water Resources Engineer Young and Executive Assistant Schroeder. Councilor Thompson 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. Gordan Erickson, 14071 Rolling Oaks Circle NE: Spoke in reference to the Rolling Oaks Circle information Mr. Bolger brought up at the March 13, 2017 City Council meeting. Noted that Bolger talked with him to sign a petition to initiate the hook up process; he is not opposed to Bolger de- veloping his property; he does not agree on asking neighborhood to pay an out of pocket expense of $27,000 or more for services that they are currently receiving from their well and septic systems only to have it delivered in a different fashion. Requested council to consider how the Pulte devel- opment will affect all parties involved. Suggested the city to consider a three-way test: is it fair to all concerned, will it build good will with the shareholders and will it be beneficial to all parties con- cerned. Believed that public hearings do not provide enough time for input on this topic. Noted dif- ficult situations make for complicated solutions. Randy Geister, 3630 Cove Point Circle NW: Regarding agenda item 8A, he agrees to the $300 tournament fee and thanked Councilor Burkart, Recreation Coordinator Barstad and the Parks Department for their efforts looking at this again. Stated his appreciation for the opportunity to help the community grow; he hopes the money raised will go back into the fields. Michael VanArk, 14346 Rutgers Street NE: Stated he heard there was a proposal for a tax in- crease in Prior Lake. Noted his concern with the city raising taxes because the school wants money as well. Believed the city is saying blue collar people should move out of town because they cannot afford to live here anymore. Mary Quinn, 14160 Rolling Oaks Circle: Noted there are varying opinions about the possible road project where Rolling Oaks Circle pays assessments. Stated Rolling Oaks residents will pay for pipes they cannot use yet then when the pipes are to be used, the residents will see another assessment. Stated the public improvement process for special assessment is MN Statute 429 for the process for the length of time from preparing a proposed capital improvement program to holding a final assessment hearing. Asked how long will this process take. Believed retired people in this area cannot work, play or live here because everyone is shrugging their shoulders as to who will pay for this project. Suggested in the future the city, the residents and the developer, Pulte, need to share the benefits and share the costs. Noted all the information should be shared with all parties involved in joint meetings. Patrick Quinn, 14160 Rolling Oaks Circle: Noted last time the developer was looking at this area there was a lot of involvement with the Rolling Oaks Circle residents but this time around the DRAFT 03 27 17 City Council Meeting Minutes 2 developer contacted the residents first and the city has been silent. Suggested this was done in- tentionally to prevent residents from causing issues preventing this development to go through. Stated the last council said to hold off contacting the residents until after the preliminary plan is approved. Believed last time the city was trying to force residents and now he feels the residents are an afterthought. Stated the whole process should be slowed down to figure out a better ap- proach regarding the costs. Stated an option would be for Pulte to dig their street and cover back up then put in a moratorium to let the homes turnover allowing for younger families with growing incomes to pay for this. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY BRIGGS TO APPROVE THE AGENDA Burkart: Asked for an update on the water treatment plant at a future meeting. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE THE MINUTES OF THE MARCH 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 December 2016 Treasurer Report C. Consider Approval of Animal Control Services Report D. Consider Approval of Police Department Report E. Consider Approval of a Resolution 17-034 Approving a Temporary On-Sale Liquor Li- cense for the Church of St. Michael F. Consider Approval of 4th Quarter 2016 Investment Report G. Consider Approval of a Resolution Approving the Pike Lake Marsh Final Plat and Develop- ment Agreement H. Consider Approval of a Resolution Approving the Wetland Replacement Plan for the Pike Lake Development Project Braid: Requested items 5G and 5H be removed from the consent agenda and moved to the April 10, 2017 meeting therefore council can hear the public hearing on the TIF project before council votes on these items. DRAFT 03 27 17 City Council Meeting Minutes 3 MOTION BY BRAID, SECOND BY MCGUIRE TO REMOVE AGENDA ITEM 5G AND 5H TO BE MOVED TO THE APRIL 10, 2017 MEETING McGuire: Asked if staff has secured an extension on the final plat. Boyles: Responded an extension was secured for the wetland replacement which was the item expiring before the next council meeting. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. PRESENTATIONS Antenna Presentation City Attorney Schwarzhoff and Public Works Technician Zurbey presented on this topic dated March 27, 2017. Burkart: Stated that he has heard AT&T maybe 3-5 years out from having a global satellite sys- tem which would provide broadband globally. Zurbey: Responded that he has not heard a lot of information surrounding satellites but as heard about 5G coming out. Noted he will keep an eye on that topic. Burkart: Noted the council needs to be cautious since it is possible for antenna towers to be- come obsolete which would result in a 4% tax increase. Briggs: Acknowledged Zurbey on the great job maintaining the control and access for these water tower antennas. Noted this revenue directly offsets a need for other revenue sources. Asked if small cell wireless is a complimentary technology or is it a replacement technology. Schwarzhoff: Responded as of right now they are a complimentary technology since small cell wireless would not work without a large installation nearby but Zurbey is keeping an eye on this to see if it will become a replacement technology. Briggs: Noted he is concerned about the small cell wireless which allows for unregulated ac- cess to pubic right-or-way for installation. Stated the city wants to keep up with the speed of technology for the city but believed handing this right-of-way over is a concern. MOTION BY BRIGGS, SECOND BY BURKART DIRECTING STAFF TO REVIEW THE DRAFT RESOLUTIONS SUPPORTING LOCAL DECISION-MAKING AUTHORITY FOR FUTURE AC- TION BY THE CITY COUNCIL. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ DRAFT 03 27 17 City Council Meeting Minutes 4 Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of 1) A Resolution Modifying Municipal Develop- ment District No. 1 and Establishing Tax Increment Financing (Housing) District No. 1-6 and Approving a Tax Increment Financing Plan; and 2) A Resolution Approving a Devel- opment Agreement with Pike Lake Marsh Limited Partnership Community Development Specialist McCabe and Tammy Omdahl with Northland Securi- ties presented on this topic dated March 27, 2017 Briggs: Noted it is critical for the entire council to have a voice on this decision. Braid: Asked how much of the initial fees could be used for additional police and fire resources. McCabe: Responded the only general fund fees would be from the building permit revenue be- cause the city would only collect the base amount of taxes to pay for those services. Braid: Stated the need for workforce housing is due impart from the Maxfield Report. Asked how accurate has that report been in the past in predicting the growth in Prior Lake. McCabe: Responded the last report was in 2011 which was slightly exaggerated and he asked the same question to a representative. Noted the President of Maxfield Research was very con- fident in the 5-10 years’ predictions. McGuire: Questioned if there is a way to build in hard expenses. Omdahl: Replied that the city can capture a portion of the increase in valuation from the im- provement and the balance would come back to the city. Stated if you reduced it by 30% in cap- turing 70% of the increase, the impact to the city would be very minimal which would be about $5,000 for example. Explained it is low because the property is paying taxes right now, the city only gets a portion of it because some goes to the county, school and other tax jurisdictions. McGuire: Asked if there is no type of fee that could be collected. Omdaul: Responded the city can negotiate in the agreement but the problem when you put a fee on the project is that it affects their operating costs which would require them to ask for addi- tional funds. MOTION BY BRAID, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 8:11 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Julie Siegert, Scott County CDA 323 S. Naumkeag Street, Shakopee: Stated she is the Scott County CDA Housing Director and is in support of the TIF since the CDA has approved a $175,000 deferred loan for this development. Noted there is a zero percent vacancy rate in Scott County; when Maxfield did their research, it shows a need to support your local workforce. Ex- plained the study showed a demand for 258 units in the City of Prior Lake by 2040. Noted without a public and private partnership for a development like this it is difficult and Ron Clark is a great partner. Explained the increase in revenue after 15 years it goes from about $3,500 a year to about $78,000 per year on a property that has proven to be difficult to develop over the years. DRAFT 03 27 17 City Council Meeting Minutes 5 Added this will provide affordable high quality housing and the project will help the city achieve its affordable and lifecycle housing goals that have been identified in the comprehensive plan. MOTION BY MCGUIRE, SECOND BY BRIGGS TO CLOSE THE PUBLIC HEARING AT 8:17 P.M. AND DISCUSS AT THE APRIL 10, 2017 CITY COUNCIL MEETING Burkart: Asked if Councilor Thompson requested this. Briggs: Responded Thompson has not asked for this but he believes this is an item of significant importance for the city. McGuire: Councilor Thompson was involved in the last two years so he believes her input is im- portant. Briggs: Asked what happens if this motion is a tie. Schwarzhoff: Responded if a motion ties, it is a failed motion. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of an Ordinance Amended City Code Section 316 Relating to Com- munity Events and Revising the Official Fee Schedule Associated Therewith Recreation Coordinator Barstad presented on this topic dated March 27, 2017 McGuire: Stated if we are no splitting revenue on co-sponsored events, the organization should pay for the expenses. Barstad: Noted the only co-sponsored event is Lakefront Days with the Chamber of Commerce but if an event wants to be co-sponsored it must come in front of council for that approval. McGuire: Stated he is not comfortable having the tax payers picking up staff time for these events. Adding splitting revenue and expenditures makes more sense to him. Schwarzhoff: Noted currently this is a co-sponsored event and they do not pay anything; at least this would be paying part of it. Barstad: Explained last year the costs were $33,000, so as it is presented here we would ask the Chamber to pay half of that. Briggs: Suggested on a co-sponsored event staff should talk with the other party to figure out other ways to mitigate those expenses. Added the policy as drafted says that staff will work with the co-sponsor to find the right mix between expenses and revenues to provide for an oppor- tunity to offset. Braid: Stated the Chamber aside, asked if staff has spoken with all the parties to be treated more as a partner. Noted he wants to make sure if we go down the fee road, they are treated as a partner. Barstad: Responded yes, they have been all contacted. Braid: Asked if they all accept the fees as outlined. Barstad: Replied yes, they have accepted the 2017 fees. Noted fees may change as the budget discussions start for the 2018 fee schedule. Briggs: Stated City Code 316.413 allows the opportunity for the council and staff to have a con- versation when revenues are available. McGuire: Stated he supports the ordinance language. Burkart: Thanked Barstad for her leadership in the committee meeting. Explained at the end of DRAFT 03 27 17 City Council Meeting Minutes 6 the meeting, he asked if we are in a better spot than we were and staff stated we were. MOTION BY BURKART, SECOND BY BRIGGS TO APPROVE ORDINANCE 117-04 AMEND- ING CITY CODE SECTION 316 RELATING TO COMMUNITY EVENTS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of an Ordinance Revising City Code Section 700 Related to Right-of- Way Regulation and a Resolution Approving a Summary of the Ordinance and Authorizing its Publication City Attorney Schwarzhoff presented on this topic dated March 27, 2017 MOTION BY BRIAD, SECOND BY BURKART TO APPROVE ORDINANCE 117-05 REVISING CITY CODE SECTION 700 RELATED TO RIGHT-OF-WAY REGULATION AND RESOLUTION 17-035 APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICA- TION VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Accepting Proposals and Authorizing a Professional Services Contract for the CSAH21/TH 13 Improvement and the Arcadia Improvement City Engineer/Inspections Director Poppler presented on this topic dated March 27, 2017 McGuire: Asked what the dollar amount was. Poppler: Responded the SRF proposal was $71,000. Burkart: Asked where the money comes from to pay this. Poppler: Replied it is part of the capital improvement plan; some comes from reconstruction bonds, tax levy portion and water fund/storm water assessment fund. McGuire: Stated he has some difficulty hiring a consultant to watch over the county consultant; the city should partner with the county on one consultant. Briggs: Recognized Poppler for the RFP to have a fresh set of eyes to help guide the city to the optimal solution. Stated he supports moving forward with a consultant which would be money well spent. Explained he came to know there were seven engineering firms and only three re- sponded because there is an assumption of a concern on engineering firms who feel that they may conflict with Scott County’s position which may pose an issue on future projects. Added the city needs someone we can partner with to devote the time needed for Prior Lake. Braid: Stated the proposal does not have any type of design for Arcadia. Poppler: Noted the design was taken out to receive a quick response; we will need to come back to get that design work or amend the contract to include that. McGuire: Asked that Arcadia would not be considered. DRAFT 03 27 17 City Council Meeting Minutes 7 Poppler: Responded no, it includes that option but not the design work. Braid: Stated he does not like spending money on consultants but this is a major project for the city and to do that we need the right people on board. Burkart: Noted the joint meeting is on April 3, 2017. Stated it is difficult to spend this much, he would like a joint consultant with an agreement on priorities because letting two different con- sultants start on the project raises concerns for him. Added he can go either way on this. Noted he wants a blue-ribbon task force to be a sounding board for these types of projects since there is so much brainpower in the community to provide ideas. McGuire: Stated the Mayor made a convincing argument about having two different consult- ants; he has good and bad experience in this situation in both scenarios. Asked what happens if this is put off for two weeks. Poppler: Responded if hiring a consultant, it would be beneficial for them to be at the April 3, 2017 joint meeting with Scott County. Braid: Noted at the previous joint meeting on February 27, 2017 he brought up the blue-ribbon task force but it did not gain traction but public input was wanted. Added he is in favor of the consultant to give the unbiased opinion. McGuire: Stated the timing is important and it is a big project that needs to be done right; he would support a motion hiring a consultant. Briggs: Commented that there is a huge component to this project that is about communication into the process and communication out as solutions start to come forward. Noted high quality communication can help make this a successful project and a consultant can assist making sure this project is done the correct way. MOTION BY BRAID, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-036 ACCEPTING PROPOSALS AND AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR THE CSAH21/TH 13 IMPROVEMENT AND THE ARCADIA IMPROVEMENT Braid: Noted the consultant makes sense since this will affect the city for years to come. Burkart: Stated he is in favor of the motion since it is one of the more important projects this year. Added if staff stated we need additional resources for this, he supports that. 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 TH13/CR21 Intersection Project Status Report Poppler: Stated in the last two weeks’ staff spent a lot of time to create the RFP and interview- ing the consultants; meanwhile the County has been working with Bolton and Menk to prepare for the April 3, 2017 meeting. Briggs: Noted he wants to see the plan to receive public input. Stated at this point he does not have an update ready regarding the water treatment facility but hopes to have something by the April 10, 2017 meeting that he can share. Burkart: Requested information on the Rolling Oaks process. DRAFT 03 27 17 City Council Meeting Minutes 8 Poppler: Stated at the Special Assessment meeting this item was discussed and the group de- cided to move forward with communication with Rolling Oaks residents. Requested council di- rection. MOTION BY BURKART, SECOND BY MCGUIRE DIRECTING STAFF TO MOVE FORWARD WITH COMMUNICATION W ITH ROLLING OAKS RESIDENTS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Burkart: Thanked the staff for getting the new councilors up to speed the last couple of months. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded by Burkart to adjourn. The motion carried and the meeting adjourned at 9:09 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager