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HomeMy WebLinkAbout4A 04 10 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 10, 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, Police Chief Elliott, Fire Chief Steinhaus, Public Works Interim Director Wedel, Planner Matzke, Community Development Specialist McCabe, Water Resources Engineer Young, Code Enforcement Officer Stefanisko, Project Engineer Monserud 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. Patrick Quinn, 14160 Rolling Oaks Circle: Stated in 2014 the city decided that we should get city water, sewer and gutter but the city did not really ask the residents; he felt it was forced upon them. Added this time around we have been asked and it was mentioned that Pulte would take on some of the costs. Stated that councilors Burkart and Thompson together with Poppler and Schwarzhoff to held a meeting to gather information and for residents to ask questions. Noted the costs estimated worked people up; Poppler and Schwarzhoff clarified that the residents do not have to have to do the improvements and the improvements would only be received on the street required. Concluded if the project is not done again for the Rolling Oaks Circle this year, we will all come back again to go through this process which is bothersome. Gordon Erickson, 14071 Rolling Oaks Circle: Stated it does not make sense to him for half of the infrastructure to be put down where it is required and the Rolling Oaks residents not hooking up now when costs will be shared with the developer. Stated he is upset that the city is not able to provide reasonable options for the ten residents on this road. APPROVAL OF AGENDA MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE THE AGENDA WITH THE ADDITION OF AGENDA ITEM 9C PRIVATE USE ON PUBLIC PROPERTY, UPDATE ON THE SMSC WATER TREATMENT FACILITY, ROLLING OAKS UPDATE, MOVE CONSENT AGENDA ITEM 5E TO AGENDA ITEM 6A, AGENDA ITEM 6A WOULD BECOME 6B, RE- MOVE CONSENT AGENDA ITEM 5F, REQUESTED AGENDA ITEM 9B TO BE MOVED BE- FORE PRESENTATIONS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE THE MINUTES OF THE MARCH 27, 2017 REGULAR MEETING AS PRESENTED DRAFT 04 10 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 the 2017 February Building Permit Summary Report C. Consider Approval of a Resolution 17-037 Approving the Polling Location Change for Prior Lake Precinct 3 D. Consider Approval of Resolution 17-038 Authorizing 2017 Insurance Renewals E. Consider Approval of Resolution Supporting Another Vehicular Crossing over the Minne- sota River F. Consider Approval of a Resolution Embracing Local Control G. Consider Approval of a Resolution 17-039 Awarding Contracts to Complete the Compre- hensive Sanitary Sewer Plan as Part of the 2040 Comprehensive Plan Update H. Consider Approval of a Resolution 17-040 Awarding Contracts to Complete the Compre- hensive Water Plan as Part of the 2040 Comprehensive Plan Update MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Appointing an Individual to Serve on the Economic Development Authority City Manager Boyles presented on this topic dated April 10, 2017 Briggs: Noted there were three outstanding candidates who have come forward to offer their time benefiting the city. MOTION BY BRIGGS, SECOND BY BRAID TO APPROVE RESOLUTION 17-041 APPOINTING MARIE BOUCHER-HOESE TO SERVE ON THE ECONOMIC DEVELOPMENT AUTHORITY McGuire: Stated he knew two of the applicants rather well so it is a difficult decision. Noted Audas has an impressive background and Boucher-Hoese is a local business owner but he thinks Erbaugh is the right fit as he has had four years on the EDAC. Burkart: Stated Audas is rather versed in the EDA, Boucher-Hoese has great downtown experi- ence and Erbaugh is very involved with city affairs with terrific ideas. Spoke against the motion and asked the council to support a motion appointing Erbaugh. DRAFT 04 10 17 City Council Meeting Minutes 3 Braid: Thanked all the applicants for their willingness to serve the community. Stated he sup- ports the motion because a business owner in downtown would be beneficial and the EDAs job is to bring more businesses to town. Thompson: Stated she likes the idea of a fresh set of eyes and Audas is an ambitious man; she liked the idea of a downtown business owner on the EDA which would bring value. Stated she is in support of the motion. McGuire: Stated since there are three councilors in support of a candidate he will do the same. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Stated he looks forward to Boucher-Hoese’s involvement in the EDA. PRESENTATIONS 6A Consider Approval of Resolution Supporting Another Vehicular Crossing over the Minnesota River Thompson announced Matt Lehman, Shakopee City Councilor presented on this topic dated April 10, 2017. Thompson: Introduced Shakopee City Councilor Matt Lehman who has been involved in the river crossing issue on various ways. Burkart: Asked for Lehman’s thoughts on discussing the re-opening the Dan Patch river cross- ing to this consideration and if he is open to an amendment including the Dan Patch river cross- ing as part of the resolution. Lehman: Responded that he believes it would lower the possibility to receive any dollars for transportation on this river crossing if the Dan Patch river crossing where added as an amend- ment. MOTION BY THOMPSON, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-042 SUP- PORTING ANOTHER VEHICULAR CROSSING OVER THE MINNESOTA RIVER McGuire: Stated he likes the Dan Patch crossing being involved but does not want to jeopard- ize the TH41 crossing which would help the people in Scott County. Lehman: Noted the fight over the Dan Patch river crossing and the light rail development needs to happen on a federal level. Burkart: Stated Savage commissioned a study last year looking at re-opening the Dan Patch river crossing; he would like to band together with Savage to support more than just the light rail. Briggs: Believed Dan Patch crossing is important but the council can take on these two topics separately. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. DRAFT 04 10 17 City Council Meeting Minutes 4 6B 2016 Code Enforcement Activity Report Code Enforcement Officer Stefanisko presented on this topic dated April 10, 2017. Burkart: Asked for Stefanisko’s thoughts on a potential financial penalty for those who do not resolve their violation in a timely manner. Stefanisko: Responded adding another fee is a balancing act because administration of that fee offsets the penalty. MOTION BY BURKART, SECOND BY BRAID ACCEPTING THE CODE ENFORCEMENT YEAR-END REPORT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS 8A Consider Approval of 1) A Resolution Modifying Municipal Development 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 Development Agreement with Pike Lake Marsh Limited Partnership Community Development Specialist McCabe presented on this topic dated April 10, 2017 Briggs: Thanked the staff for their work on this because two weeks ago we had a TIF project for over $600,000 and now the TIF is $300,000. Burkart: Asked who spoke in support of the project. McCabe: Responded Julie Siegert with the Scott County CDA. McGuire: Stated he is more comfortable with the $300,000 versus the $600,000. Noted the property has been difficult to develop. Stated Michael VanArk stated at the last council meeting that the council does not care about blue-collar residents but this project shows the city does care about all of its residents. Added he supports the TIF. Thompson: Stated she spoke to residents of all different income levels and she did not find one person who supported this project. Added she does not see a direct benefit for this TIF district to the tax payers. Explained the city struggles with the budget by squeezing every penny and we still come up short; believes the city cannot afford this and she does not support the TIF. Braid: Stated he does care for the blue-collar residents but Prior Lake needs more jobs before building this type of housing. Noted he has a hard time asking taxpayers to take a haircut for this project. Stated he does not support the TIF district. Burkart: Stated nothing is mentioned in the 2040 Vision and Strategic Plan about affordable housing; even if it was he differentiates between affordable housing and subsidizing rent con- trolled housing. Explained the Chapter 4 in the 2030 Comprehensive Land Use Plan however that direction is from the plan mandated to us by the un-elected Met Council; page 16 a unit will be classified as affordable if it is priced at or below 30% of the gross income of a house earning 60% of the twin cities medium income. Stated page 20 mentioned about a fifth of Prior Lake res- idents spend more than 30% of their annual income on housing; so, we are asking the house DRAFT 04 10 17 City Council Meeting Minutes 5 poor that have invested in our community to subsidize the poor which is not fair nor sustainable. Added subsidized rent controlled is not precluded but also not in alignment of the 2040 Vision and Strategic plan but it is not in alignment with the primary concerns of residents being growth local taxpayer burden and sense of community. Stated if we do not adhere to the surveys con- ducted then what is the point of conducting them. Noted he is going to listen to the residents and not the Met Council. Stated TIF can be beneficial if managed and negotiated properly for commercial opportunity, elderly housing and severely disadvantaged groups. Stated item 8A re- spectfully is not his vision for the community and encourages the council to vote against the pro- ject. MOTION BY MCGUIRE, SECOND BY BRIGGS TO APPROVE RESOLUTION MODIFYING MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FI- NANCING (HOUSING) DISTRICT NO. 1-6 AND APPROVING A TAX INCREMENT FINANC- ING PLAN; AND RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH PIKE LAKE MARSH LIMITED PARTNERSHIP VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☒ ☐ ☐ ☐ Nay ☒ ☐ ☒ ☒ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion failed. 8B Consider Approval of a Resolution Approving the Pike Lake Marsh Final Plat and De- velopment Agreement Planner Matzke presented on this topic dated April 10, 2017 MOTION BY BURKART, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-043 AP- PROVING THE PIKE LAKE MARSH FINAL PLAT AND DEVELOPMENT AGREEMENT Thompson: Noted in the report it says that the construction costs is $15 million and the market value is $7 million which is a significant loss. Asked the reasoning on that. Tammy Omdahl, Northland Public Finance: Stated the $7.5 million is the estimated taxable market value and it is very uncommon for the county assessor to value the project at the con- struction cost because there are other costs including city fees that do not equate to taxable market value. Added the actual value will not be determined until the project is finished. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8C Consider Approval of a Resolution Approving the Wetland Replacement Plan for the Pike Lake Development Project Water Resources Engineer Young presented on this topic dated April 10, 2017 Thompson: Noted when this project first came up she investigated the plan and found it very interesting. DRAFT 04 10 17 City Council Meeting Minutes 6 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-044 AP- PROVING THE WETLAND REPLACEMENT PLAN FOR THE PIKE LAKE DEVELOPMENT PROJECT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8D Consider Approval of a Resolution Approving Plans and Specifications and Authoriz- ing Advertisement for Bids for the 2017 Reconstruction Projects (Cates Area, Balsam Street Area, Sycamore Trail, and Franklin Trail) City Engineer/Inspections Director Poppler presented on this topic dated April 10, 2017 Thompson: Noted Sycamore trail had some open issues. Asked if those have been address. Poppler: Responded yes, a hammerhead turnaround option was developed after meeting with the neighborhood to refine the options. Added the terrain requires retaining walls and we graded a rain garden type basin that will take drainage from Sycamore Trail and Willow Beach; it will filtrate the water and overflow into the storm water system. Explained we only must put up some reflective signs instead of a guardrail, we propose some limestone boulders on the north end a split rail fence on the retaining wall. Stated the neighborhood preferred this option, there was one person who wanted a connection, there were some who did not want the turnaround but we have a good option with a good design that fits well with the neighborhood. Burkart: Noted a resident sent an email with three points regarding Sycamore Trail. Poppler: Stated the storm water fund would cover costs for the water quality feature, request for no turnaround but staff strongly suggests a turnaround option and the design does not require buried electric. Stated the city will continue to work with Xcel to bury a pole at the end of the road but it would be the preference of Xcel. Briggs: Asked for discussion of the right-of-way and what that might mean to our vote this evening. Poppler: Responded this design option requires a right-of-way easement to the north with the Willow Beach Association and to the south with a private property owner with in the Willow Beach Association. Noted he met with most of the Willow Beach board members who provided feedback on the design. Stated the private property owner has expressed desire to have the right-of-way vacated as an exchange for the easement turnaround on his property but there would be a large expense to turn this over since we already have a lot of right-of-way to com- plete the turnaround. Stated we will be having further negotiations on the turnaround. Briggs: Asked if council will have more opportunities as the project progresses. Poppler: Responded yes. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE RESOLUTION 17-045 AP- PROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2017 RECONSTRUCTION PROJECTS (CATES AREA, BALSAM STREET AREA, SYCAMORE TRAIL, AND FRANKLIN TRAIL) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 04 10 17 City Council Meeting Minutes 7 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8E Consider Approval of a Resolution Ordering the Improvements for the 2017 Overlay Improvement Project, City Project #STR17-000001 and Preparation of Plans and Specifi- cations Interim Public Works Director Wedel presented on this topic dated April 10, 2017 Thompson: Commented that at some point around the 20-25-year period, when the street does not receive a mill and overlay it goes into further erosion causing a reconstruction project; this process extends the road 10-15 years and the timing is critical. Stated mill and overlays are im- portant and last year the council did make a change to the policy because of the growth in 1991- 2006 we had to increase the repair mileage. Added she was the only no vote on that resolution last year. Explained the budget for this year is based on that vote and for that reason she is in favor of these street project because next year or the year after will cause a higher repair cost down the road. McGuire: Stated some cities assess all improvement projects and that would be a huge in- crease; he was convinced that you get a direct benefit for a small assessment. Burkart: Stated he is not against the plan but he is against the change in doctrine on how we fund the maintenance plan. Explained he does not agree with assessment but understands the current mill and overlay process is a cost-effective way to maintain street quality. Stated it is a tax on top of a tax that is already paid. Noted an assessment is not deductible but a tax levy is; this creates spikes in household budgets which should be avoided. Stated this policy will be re- quired to be assessed year after year for mill and overlay. Noted he does not know what future city councils will do but if a project is not approved it will cause inconsistency in the plan. Stated this is not in alignment with the vision of our citizens and we must do everything we can to mini- mize tax payer burden and create good policy; the best time to stop a bad policy is before it starts and this is your opportunity councilors. Stated he is in favor of the street program but for consistency and affordability he would rather see it in the levy. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-046 OR- DERING THE IMPROVEMENTS FOR THE 2017 OVERLAY IMPROVEMENT PROJECT, CITY PROJECT #STR17-000001 AND PREPARATION OF PLANS AND SPECIFICATIONS Braid: Asked how many miles is this overlay project for. Wedel: Responded this year’s project is almost three miles. McGuire: Stated during the budget discussions we kept falling behind and we needed to in- crease the mileage. Briggs: Stated he believes the previous council got this one right; it is not an additional tax it is a tax shift. Explained this process allows residents to come in and discuss the road project to comment on the need for the project and the assessment cost; giving a full right for residents to provide input. Braid: Stated Burkart brings up good points as he does not like additional taxes but he wants to keep up with the streets. Noted since this is already in the 2017 budget and as a business man he operates on a budget and supports this process. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ DRAFT 04 10 17 City Council Meeting Minutes 8 The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for 2017 Overlay Project Interim Public Works Director Wedel presented on this topic dated April 10, 2017 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-047 AP- PROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2017 OVERLAY PROJECT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of an Agreement Allowing a Private Use on Public Property Interim Public Works Director Wedel presented on this topic dated April 10, 2017 Braid: Asked what is the future land use plan for this area? Wedel: Stated it is open space but if the city wanted to change it from being a garden in the fu- ture, we can. McGuire: Noted the only community garden he knows of in the city is the KOP garden run by the city and has a waiting list. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-048 AP- PROVING AN AGREEMENT ALLOWING A PRIVATE USE ON PUBLIC PROPERTY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5F Consider Approval of a Resolution Embracing Local Control Burkart: Noted he wanted to add the word autonomy and insert a discussion that federal and state rights cascade down to the local level. MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-049 EM- BRACING LOCAL CONTROL AND INCORPORATING THE CONCEPTS OF AUTONOMY AND CASCADING FROM FEDERAL TO STATE AND STATE TO LOCAL VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ DRAFT 04 10 17 City Council Meeting Minutes 9 Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. COUNCILMEMBER LIAISON UPDATES Burkart: Thompson and he are the liaisons for the special assessment committee and met re- garding Rolling Oaks last week. MOTION BY BURKART, SECOND BY MCGUIRE DIRECTING STAFF TO SCHEDULE AN- OTHER ROLLING OAKS CIRCLE MEETING Burkart: Stated he just wants to make sure it is eyes wide open with the residents of Rolling Oaks Circle. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Stated there have been ongoing conversations regarding the needs for both communities and the costs associated with building the infrastructure. Explained the needs for current and fu- ture water surround the need and growth of the communities. Stated the city has a well that is only used for part of the year so we are leaning towards a water purchase agreement and we would connect our well number six to provide raw water which they would treat and we would pur- chase that treated water as a credit on the raw water we are providing. Noted the current agree- ment does not have a termination date, an agreement should be worked out in the next 30-60 days. Added the council had a successful retreat on March 28, 2017 which was an opportunity for the council to share priorities with staff. OTHER BUSINESS / COUNCILMEMBER REPORTS 11A TH13/CR21 Intersection Project Status Report Poppler: Noted on April 3, 2017 there was another joint meeting with the Scott County Board and the next step is for the county to retain their contractor for the project; then we will go into stakeholder meetings. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded by Thompson to adjourn. The motion carried and the meeting adjourned at 9:14 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ DRAFT 04 10 17 City Council Meeting Minutes 10 Frank Boyles, City Manager