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HomeMy WebLinkAbout4A 05 22 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES May 22, 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, City Engineer / Inspections Director Poppler, Police Chief Elliott, Fire Chief Steinhaus, Community Development Director McCabe, Public Works Interim Director Wedel, Planner Matzke, Accounting Manager Erickson, Maintenance Supervisor Theisen, Project Engineer Monserud, Water Resources Engineer Young 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. Gordon Erickson, 14071 Rolling Oaks Circle NE: Noted the PL American did not contain the City Council agenda for the May 22, 2017 City Council meeting. Stated he has a petition from the neighborhood on Rolling Oaks Circle NE who oppose the proposed private installation of sewer and water down the roadway unless it is brought up to city standards. Added there are ten proper- ties on the road, eight of the ten of signed the petition and two others signed via email. Stated they are against a private developer installing this infrastructure. Noted there are 80 more signa- tures from the community who have signed the petition. Submitted the petition to the council. Stated he believes there are enough people in this city who do not feel the proposed plan is ap- propriate and hopes that the council will take appropriate action in supporting them; if not, he will have to keep things like this in mind when he goes to the ballot box. Concluded that the City Council is elected and the Planning Commission is appointed, he believes it is inappropriate that the Planning Commission is basically a sounding board for public hearings and the council does not have to hear anything except in this public forum environment. Curt Stone, 14111 Rolling Oaks Circle NE: Thanked the council for taking time to discuss Roll- ing Oaks Circle project. Noted a Planning Commission member mentioned they wanted to move this project forward but with a stipulation that the issues on Rolling Oaks Circle be resolved by the city. Asked how can the residents afford the assessments for this project without being forced to move? Stated Pulte said this would be an example of the government asking the private sector to pay their expenses; he thought it was ironic that once the developer is gone the residents will be paying for the maintenance. Noted in 2013-2014 there was a line item on Pulte’s spreadsheet for voluntary contribution from the developer. Stated he asked Pulte what that was for in which they replied that is only the cost of pipe in the ground; stated he does not remember that was the case. Stated he hopes the city can work with the developer per the Planning Commission wishes and find a long-term solution for the Rolling Oaks Circle property owners. Katie Sutherland, 3415 Sycamore Trail SW: Stated she is happy to hear that the street will be updated and attended the meeting between the neighborhood and the city to come up with a solu- tion that works for all. Noted they cannot drive by each other on the narrow road; they want to save as much money as possible for those who live on the street; she does not want the hammer- head at the end of their street; she wants the powerlines buried as they are an eye sore. Noted she does not think it should only be up to the residents to work with Xcel to get the power lines buried. Concluded there was an email from Xcel that they would reduce costs by $40,000. DRAFT 05 22 17 City Council Meeting Minutes 2 Bill Hackett, 3508 Sycamore Trail: Stated he is excited that the city road will be repaired and met with the neighborhood and city to share ideas. Noted the petition asked the city not to add a turnaround on the street because it would cost more, it would be an eyesore and impose onto res- ident properly. Stated the staff wants to spend money to fix a problem that does not exist; no truck drivers have ever complained about having to turn around on that street. Commented that the staff report was interesting as it says the residents determined the design; he disagrees because everyone at the meeting said no to the turnaround. Added we want the project but our thoughts are being ignored. Stated most of Prior Lake does not have any overhead powerlines and this would be a good opportunity to work with the power company. Stated he would like the council to override the staff’s recommendations, a dead-end street works fine and they want staff to work with the utility company to bury the power lines and for it to be assessed. Laura Robinson, 3486 Sycamore Trail: Stated this street is unsafe for their children to ride their bikes due to the pot holes and narrow curves. Stated they offered their driveway to be a turna- round if the city paid for it; they received a proposal which basically took most of their driveway and put in a turnaround. Added the powerlines are an eyesore and the neighbors want to pay for this at the reduced rate with the cities help. Mary Quinn, 14160 Rolling Oaks Circle: Stated the assessment will cost about $400-$500 per month which will cause people to go bankrupt. Added there are benefits to the city but she won- ders what kind of benefits are in it for the residents. Asked if the developer is getting any type of reduction? Requested an assessment that is affordable for them and what is the monthly payment going to be. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE MAY 8, 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 1st Quarter 2017 Investment Report C. Consider Approval of 1st Quarter 2017 Financial Report D. Consider Approval of Building Permit Summary Report E. Consider Approval of Animal Control Services Report DRAFT 05 22 17 City Council Meeting Minutes 3 F. Consider Approval of Fire Department Report G. Consider Approval of Police Department Report H. Consider Approval of Resolution 17-068 Accepting Bids, Awarding Contract and Authoriz- ing Execution of City's Standardized Construction Contract for the Replacement of the Maintenance Center Roof I. Consider Approval of a Resolution 17-069 Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2017 Street Overlay Project and Concrete Repairs J. Consider Approval of a Resolution 17-070 Accepting Proposals and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for Ge- otechnical Services to Element Materials Technology for the 2017 Reconstruction Im- provement Project K. Consider Approval of a Resolution 17-071 Approving a Public Property Use Permit with Blahnik Law Office L. Consider Approval of a Resolution 17-072 Waiving Platting Requirements for the Subdivi- sion of Properties Located at 14332 and 14342 Watersedge Trail NE M. Consider Approval of a Resolution 17-073 Approving the Deerfield Industrial Park Ninth Addition Final Plat and Development Agreement N. Consider Approval of a Resolution 17-074 Authorizing the Update of the Feasibility Study for Rolling Oaks O. Consider Approval of a Resolution 17-075 Accepting Quotes and Authorizing the Mayor and City Manager to Execute the City's Standard Construction Contract for the Purchase and Installation of Water Softeners at City Hall and the Police Station P. Consider Approval of a Resolution 17-076 Authorizing the Mayor and City Manager to Ex- ecute an Agreement for a Water Quality Project at Raymond Park Q. Consider Approval of an Ordinance 117-09 Relating to Off-Sale of Intoxicating Liquor on Sundays R. Consider Approval of a Resolution 17-077 Waiving Platting Requirements for the Subdivi- sion of Properties Located Along Carriage Hills Parkway and Rolling Oaks Circle S. Consider Approval of a Resolution 17-078 Approving the Summit Preserve (Phase 1) Fi- nal Plat and Development Agreement MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Introduction of New Spring Lake Township Clerk Melissa Hanson Kathy Nielsen, Former Spring Lake Township Clerk: Reflected on her relationship with the city over the last 13 years. Thanked city staff especially Steve Albrecht, Danette Moore, Ross Bittner, Katy Gehler and Pete Young. All she has been able to do has been influenced greatly by city staff and it is not easy serving an ever-changing board with ever changing agendas. Added she wants the citizens to understand you have a great staff and an extraordinary work and she understands there are some frustrations but overall you are being taken care of. Intro- duced Melissa Hanson who will do a great job as she has great passion, curiosity and integrity. DRAFT 05 22 17 City Council Meeting Minutes 4 Melissa Hanson, Spring Lake Township Clerk: Thanked Nielsen for everything she has shared with her and hopes to maintain the strong relationships that Nielsen has built. Briggs: Thanked Nielsen for her time with the township and welcomed Hanson. 6B Proclamation of National Public Works Week for the Week of May 21-27, 2017 Public Works Interim Director Wedel presented on this topic dated May 22, 2017. Briggs: Read the proclamation and thanked the entire public works staff for their hard work. PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS 8A Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2017 Street Improvement Project City Engineer / Inspections Director Poppler presented on this topic dated May 22, 2017. Briggs: Asked to bundle the three projects and keep Sycamore separate. Poppler: Responded you are awarding a bid and you still can take and remove things from the bid. Schwarzhoff: Recommended a separate discussion but one vote since it was bid as one pro- ject. Burkart: Stated Sycamore is torn up right now for gas lines so he would like the project to keep moving. MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-079 AC- CEPTING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR THE 2017 STREET IMPROVE- MENT PROJECT, DEAD-END SYCAMORE WITH NO HAMMERHEAD, WORK WITH XCEL TO BURY THE POWER LINES WITH AN ASSESSMENT FOR ALL RELATED COSTS AND DIRECT STAFF TO ADDRESS STREET LIGHT ISSUE ON ONE RESIDENT’S PROPERTY Burkart: Stated it is what the residents want and he understands safety is preeminent but em- pirical historical evidence is that this neighborhood has operated safely; let them have it and saves on resources. Noted he is not afraid of innovation regarding the power lines and the bur- ied power lines add to the attractiveness of the community with resident approval let’s move for- ward. Briggs: Noted he is in favor of the motion with two amendments; first amendment the residents need to be comfortable with the assessment and 100% must waive the appeal process for the as- sessment and the second amendment directed staff to only have one light in a resident’s yard. Burkart: Asked for confirmation for the Xcel cost to bury power lines. Briggs: Noted the number Poppler currently has is $51,000. Poppler: Stated it is $51,600 divided by 16 properties. Burkart: Noted that is about $3,200 so the idea of the appeal process is for a resident to argue that the $3,200 is not a benefit to their property. Schwarzhoff: Explained it will be a full assessment with the $3,200 being a part of that assess- ment would be part of the waiver; if they appeal we have to prove the entire assessment not just the portion of the lines which she believes would be difficult since an appraiser may not find much value in burying power lines unlike the property owners. It would increase the assessment, mak- ing it more likely that they would appeal and more likely they would win so staff would request a waiver for the entire amount. DRAFT 05 22 17 City Council Meeting Minutes 5 Burkart: Asked for clarification on the amendments. Briggs: Responded 100% of the residents would waive the right to appeal the full assessment and direct staff to work with property owner at the end of the road regarding two street lights to one on their property. Burkart: Stated the second amendment is acceptable to him but would like to discuss the first amendment more. Noted 100% of the 16 homes would have to agree to waive their right to ap- peal their assessment. Briggs: Confirmed that is what he is saying; one resident on Sycamore Trail stated they are not in support of the burial of the power lines and three homes have overhead service to this area. Ex- plained there are two other exposures: there will be costs born to them for costs to underground the service which is not included in the assessment and if they underground a service that is not currently underground and if the panel is not up to code those residents will be forced to bring those panels up to code which is again not part of the assessment but instead benefiting property owner cost. Burkart: Commented 100% approval to waive is too high and would accept 75% approval to waive. McGuire: Asked if Burkart is agreeing to the rest of the tax payers paying that remaining 25%. Burkart: Questioned how often do people appeal. Schwarzhoff: Responded the city regularly sees appeals on these. McGuire: Noted he can support the 100% waiver but wants a turnaround. Asked what type of lia- bility is involved with a turnaround on private property. Schwarzhoff: Stated staff is against a turnaround in private property; there have not been any is- sues but if a city vehicle backing up had an accident the city could be liable, if it is not a city vehi- cle the city can still be sued since we know it is a risk. McGuire: Added private streets need to be brought up to city standards and a turnaround on pri- vate property is not acceptable since that property owner may move. Added it is very important to have a turnaround, he would prefer a through street or a cul-de-sac but agrees to a hammerhead. Braid: Stated he supports the motion but has concern with the 100% waiver, this is a new type of request but if the neighborhood wants to do it he supports it. Asked if this is the smallest turna- round option. Poppler: Responded yes this is the minimum turnaround. Added during the review staff did wit- ness a garbage truck backing up 1,300 feet backing up which was a scary thing to witness and consequently strongly recommends this turnaround. Noted this is a compromise from normal city standards in this situation. Thompson: Stated when a city truck is on the road we are liable however the road is constructed. Schwarzhoff: Correct but it all depends on the situation. Thompson: Asked if there is any record of accidents from a garbage truck in a similar situation. Boyles: Responded the records are not kept in that fashion. Briggs: Stated he did a snowplow ride along and there is a backup maneuver and it is about never making a left turn and always a right turn; when the truck was backing up it was struck by an unsuspecting driver at the intersection of CR21 and Grainwood Circle. Thompson: Stated that was an intersection but this is a dead-end road; mainly residents only drive this road. Briggs: Believed every driveway is an intersection and there are children to be concerned about; the hammerhead would allow the backing up to happen in the confines of the hammerhead. Poppler: Stated this template does allow for the turnaround in the hammerhead. Braid: Asked if there is an appraisal that can be done if the hammerhead is done. Poppler: Stated we have not done any calculations but he would gather it would increase the property value. Braid: Stated the road is widening so there would still be more room for trucks to maneuver. Poppler: Explained portions of the road was already at 24 feet so there are some areas it will be widened and the curves will be improved with a better curvature. DRAFT 05 22 17 City Council Meeting Minutes 6 Thompson: Stated she supports the motion with the two amendments and we do need 100% sign off on the assessment appeal. McGuire: Requested to divide the motion and vote separately. Schwarzhoff: Proposed a vote to award the bid for all four projects and do a follow up on the de- tails on Sycamore in a separate motion. Thompson: Noted there is a motion and a second on the floor. Burkart: Stated there are two amendments to that motion; he has not accepted the first amend- ment. Commented he believes there is clear consensus in the neighborhood to dead-end the street and not put in a hammerhead; he is comfortable in the unlikely event that a property owner would appeal and the unlikely event they would win the appeal. VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☐ ☒ ☒ ☒ Nay ☒ ☒ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Schwarzhoff: Noted all four projects were awarded, the Sycamore project was amended to re- move the hammerhead, address the street light if possible and to add undergrounding of utility wires by special assessment. McGuire: Asked if the original motion was 100%. Schwarzhoff: Responded the original motion was no requirement for waivers, there was an amendment offered to require 100% waivers that was not accepted, there was discussion of 75% but that was not adopted. Added if you wanted to adopt that it could still be done. MOTION BY BURKART, SECOND BY THOMPSON TO REQUIRE 75% TO WAIVE THEIR RIGHT TO APPEAL THE ASSESSMENT ON SYCAMORE TRAIL FOR UNDERGROUNDING WIRES Schwarzhoff: Clarified that currently, there is no waiver requirement to underground the wires and without a new motion the rest of the project would still proceed including the underground- ing. Briggs: Stated in regards to 75% appeal it gives a special benefit for something that is generally not done as part of these construction projects which will call attention to the special benefits to be brought to the resident. Added this creates a precedent for assessments in the future allow- ing a slider bar. Braid: Asked what if we would amend the motion to 100%. MOTION BY BRAID, SECOND BY BRIGGS TO AMEND THE MOTION TO REQUIRE 100% TO WAIVE THEIR RIGHT TO APPEAL THE TOTAL ASSESSMENT ON SYCAMORE TRAIL BECAUSE THE CITY WILL BE UNDERGROUNDING UTILITY WIRES Burkart: Believed council is killing the original motion because you will never get everyone to sign off on the project and this sets the bar too high to get those signatures. Braid: Stated we are listening to the neighborhood, we are giving them the dead-end and work- ing with Xcel Energy to bury the powerlines which is something we have not done in the past. Added we are allowing the neighborhood to work together to find a solution that works for them. Briggs: Stated he does not believe the council is closing the door and the neighbors can work together. DRAFT 05 22 17 City Council Meeting Minutes 7 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The amendment to the motion carried. AMENDED MOTION BY BRAID AND SECOND BY BRIGGS TO AMEND THE PREVIOUSLY ADOPTED MOTION AWARDING THE BID FOR THE 2017 STREET IMPROVEMENT PRO- JECT TO REQUIRE A 100% WAIVER OF APPEAL OF ASSESSMENT IN ORDER TO UN- DERGROUND THE UTILTIY LINES ON SYCAMORE TRAIL VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Approving an Agreement to Co-Fund a Drug Task Force Officer with the SMSC Police Chief Elliott presented on this topic dated May 22, 2017. Briggs: Stated the community and Scott County has seen an increase in drug related use and crime; the PL American had a full story on that over the weekend and the county has seen an over does of two per month, a homicide and a shooting related to drug crime. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-080 AP- PROVING AN AGREEMENT TO CO-FUND A DRUG TASK FORCE OFFICER WITH THE SMSC McGuire: Thanked the City and SMSC for this partnership. Braid: Thanked SMSC for their partnership and the good work from the Police Department. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Noted this is an additional demonstration of collaboration and he looks forward to what this additional resource will bring to our community. Thanked to Chief Elliott for this reality. 9B Consider Approval of a Resolution Approving a Preliminary Plat to be known as Trillium Cove and an Ordinance Amending the Zoning Map to Designate the Property as the Tril- lium Cove Planned Unit Development Planner Matzke, City Engineer / Inspections Director Poppler and Paul Heuer of Pulte Homes presented on this topic dated May 22, 2017. DRAFT 05 22 17 City Council Meeting Minutes 8 Paul Heuer, Pulte Homes: Thanked those involved on the property owner and developer side for their hard work. Stated this is an important project that has been four years in the making. Complimented city staff knowing they are shorthanded and working with them on a complicated project. Noted there were only minor changes compared to the concept plan with the same housing categories, tree preservation and buffer of trees along County Road 42 and excess park dedication land. Stated with an infill type of development they are sensitive with the adja- cent property owners and in this case, there are buffers and a roundabout on Carriage Hills parkway to calm that traffic. Added they do not want to cause pain and suffering for Rolling Oaks Circle and the route for sewer and water is in question. Thompson: Asked how many other neighborhoods have you built like this development and where are they? Heuer: Responded there have been two neighborhoods in the last 3-4 years and this is one of them; Camelot Nine in Plymouth is similar and selling well. Added you will be proud of this unu- sual development. Braid: Asked about the phasing of this project specifically to the road construction timeline. Heuer: Responded the first phase is the main intersection of Meadowlawn Trail and County Road 42, the second phase we are tying things together with all the roadways. Braid: Asked how long does a phase last. Heuer: Responded with approval tonight will complete phase one this year since it is an enor- mous undertaking, phase two will be next year and phase three the following year. Briggs: Asked to be walked through what we are approving and if the project will not make it through all three phases, what can staff provide to council to secure assets of the development. Matzke: Stated right now this is preliminary plat PUD so you are allowing the ordinance zoning change; the final PUD is a resolution to approve the preliminary phase and there are changes that can be made between now and the final PUD, hence another public hearing although we do not see any big changes since things are lining up well with city policies; the final stage is the development agreement when we can talk about phasing and security. Poppler: Added the final plat articulates everything the developer must do and assurance that all the improvements for all the phases to be completed. Clarified that some of the storm water ponds are being combined to make it more regional in nature. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE RESOLUTION 17-081 AP- PROVING A PRELIMINARY PLAT TO BE KNOWN AS TRILLIUM COVE SUBJECT TO CHANGES BY STAFF Braid: Noted the neighborhood has a right to speak to what happens in determining what hap- pens with items affecting their property. Requested continued discussions to take place. Briggs: Agreed he wants to keep the conversations going and there are four constituents to keep this going: The Rolling Oaks neighbors, citizens in Prior Lake that are in a like position on a gravel road and maintain their own wells so we must remember those, the developer Pulte who has clearly made an investment, property sellers and broader citizens of Prior Lake in relation to tax payer dollars as to what is fair onto all five constituents. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. DRAFT 05 22 17 City Council Meeting Minutes 9 MOTION BY THOMPSON, SECOND BY MCGUIRE ORDINANCE 117-10 AMENDING THE ZONING MAP TO DESIGNATE THE PROPERTY AS THE TRILLIUM COVE PLANNED UNIT DEVELOPMENT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY THOMPSON, SECOND BY BRAID ADOPTION OF RESOLUTION 17-082 AP- PROVING THE SUMMARY OF ORDINANCE 117-10 AND ORDERING THE PUBLICATION OF SAID SUMMARY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C Consider approval of an Ordinance Amending Subsection 1102.700, Residential Perfor- mance Standards, of the Prior Lake Zoning Ordinance Relating to Storage of Recreational Equipment Community Development Director McCabe presented on this topic dated May 22, 2017. Braid: Asked how many calls do we get a year for this ordinance. McCabe: Stated about five to six per year but he does receive calls with about 630 calls last year. Braid: Stated he followed this through the Planning Commission and one of the commissioners mentioned if he has an ice house pulled out in November before the snow flies, what if there is a light winter and there is no chance to take the house out and it is not licenses he is not compli- ant. McCabe: Responded we have made a modification after the Planning Commission meeting so now if the recreational equipment is stored in a side or rear yard it must be operable but not li- censed but if it on or adjacent to the driveway it must be operable and licensed. Thompson: Asked what brought this about. Schwarzhoff: Stated Code Enforcement Officer Stefanisko goes to site when we have a com- plaint and people will go back and forth about it being a shed or an icehouse; this clears up the regulations. Noted if your icehouse is operable you are fine and if you want it in your driveway it must be licensed. Braid: Stated he has concerns about this because we do not need more regulations for only five calls a year. MOTION BY MCGUIRE, SECOND BY BRIGGS TO APPROVE ORDINANCE 117-11 AMEND- ING SUBSECTION 1102.700, RESIDENTIAL PERFORMANCE STANDARDS, OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO STORAGE OF RECREATIONAL EQUIPMENT VOTE Briggs McGuire Thompson Burkart Braid DRAFT 05 22 17 City Council Meeting Minutes 10 Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-083 ADOPT- ING THE SUMMARY OF ORDINANCE AND ORDERING THE PUBLICATION OF SAID SUM- MARY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9D Consider Approval of a Status Report with Respect to Completion of Retreat Initia- tives City Manager Boyles presented on this topic dated May 22, 2017. Briggs: Stated he would like to discuss and elevate item 2.3, requested discussion in the next two months for item 3.2, and would like to ask the Prior Lake Spring Lake Watershed District to address item 4.8. ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda COUNCILMEMBER LIAISON UPDATES No Councilmember Liaison Updates OTHER BUSINESS / COUNCILMEMBER REPORTS 11A TH13/CR21 Intersection Project Status Report Poppler: Noted there was a meeting on May 10, 2017 which discussed the public input pro- cess; we are working on a handout that will be available on our website and there will be a web- site for the project itself. Added four public informational meetings will be held and information will be pushed out via Facebook, video messaging and pop-up meetings. Concluded there is a special logo that will help identify any communication regarding this project. McGuire: Questioned why the agenda was not in the paper. Boyles: Responded the agenda was sent as it normally is and does not know why the paper did not publish the agenda. Noted the paper has the right to exclude the agenda if they are re- stricted on space. Briggs: Thanked the council for getting through this meeting with agreements and disagree- ments. ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded by Braid to adjourn. The motion carried and the meeting adjourned at 9:47 p.m. VOTE Briggs McGuire Thompson Burkart Braid DRAFT 05 22 17 City Council Meeting Minutes 11 Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager