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HomeMy WebLinkAbout4A 06 12 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 12, 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, Assistant Public Works Director/City Engineer Poppler, Police Chief Elliott, Fire Chief Steinhaus, Community Development Director McCabe, Public Works Interim Director Wedel, Planner Matzke, Accounting Manager Erickson, Project Engineer Monserud, 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. Curt Hennes, 17286 Sunset Trail SW: Thanked the citizens for their volunteer efforts at Crystal Lake Park. Announced on June 20, 2017 there is an open house at Fish Point Park to view the new storm water pond, plants and trees that were planted. Stated Raymond Park is Prior Lake property but is in Spring Lake Township and we are doing a shoreline improvement project. Sanya Pirani, 3672 Pointe Pass NW: Stated she is a CAP Agency Ambassador and Founder/President of Sanya’s Hope for Children. Read that their mission is to make sure every child deserves basic human rights like food, shelter, clothes, safety and education. Explained mil- lions of children are facing hunger problems in America and she had an idea to help raise money for the local community in need by making bookmarks. Noted she raised $500 and sold over 100 bookmarks. Handed out information for ways people can assist with this cause. APPROVAL OF AGENDA Boyles: Requested item 6C be moved to the June 22, 2017 City Council Meeting. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE THE AGENDA WITH AGENDA ITEM 6C MOVED TO JUNE 22, 2017 CITY COUNCIL 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 MAY 22, 2017 REGULAR MEETING AS PRESENTED DRAFT 06 12 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 17-084 Regarding Liquor License Renewals for 2017- 2018 C. Consider Approval of Refuse Hauler Licenses for 2017-2018 D. Consider Approval of April 2017 Treasurer's Report E. Consider Approval of the Revised 2017 EDA Goals F. Consider Approval of a Resolution 17-085 Approving the Universal One Addition Final Plat and Development Agreement G. Consider Approval of a Resolution 17-086 Authorizing the City to enter a Cooperative Agreement with Scott County for the Kensington Avenue Turnaround H. Consider Approval of a Resolution 17-087 Approving the Wetland Replacement Plan for the Trillium Cove Project I. Consider Approval of a Resolution 17-088 Approving State of Minnesota Joint Powers Agreements with the City of Prior Lake on Behalf of its City Attorney and Police Depart- ment J. Consider Approval of a Resolution 17-089 Authorizing the Purchase of Replacement Au- dio Video Equipment for the City Council Chambers K. Consider Approval of a Resolution 17-090 Accepting the Feasibility Report and Schedul- ing a Public Hearing to Consider the Rolling Oaks Circle Improvement Project L. Consider Approval of a Resolution 17-091 Authorizing the Preparation of Plans and Specifications and a Professional Services Contract for Rolling Oaks Circle Improvement Project M. Consider Approval of a Resolution 17-092 Approving Amendment to the 2017 General Fund Budget to Remove Mill and Overlay Funding Expenditures N. Consider Approval of a Resolution 17-093 Accepting Proposals and Authorizing Element Materials Technology to Provide Soil Borings/Testing for the 2018 Reconstruction Projects Feasibility Reports MOTION BY BURKART, SECOND MY MCGUIRE TO DIRECT STAFF TO REVIEW LIQUOR LI- CENCES FEES AS PART OF THE 2018 BUDGET CYCLE VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. MOTION BY BURKART, SECOND BY MCGUIRE TO DIRECT STAFF TO CREATE A REQUIRE- MENT IN 2018 THAT REFUSE HAULERS PICK UP RECYCLING EVERY WEEK DRAFT 06 12 17 City Council Meeting Minutes 3 VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☒ ☐ ☒ ☐ Nay ☒ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion failed. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE THE CONSENT AGENDA Braid: Thanked staff, Burkart and Thompson for bringing forward a comprehensive plan for Roll- ing Oaks property owners. Explained the onetime assessment savings of over $580,000 if they chose to have their road improvements undertaken as an aspect of the Trillium Cove develop- ment. Noted the approval of agenda item 5K will have a public hearing where Rolling Oaks resi- dents can speak. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. PRESENTATIONS 6A Presentation by Patty Nauman, Executive Director of Metro Cities Patty Nauman, Executive Director, Metro Cities presented on this topic dated June 12, 2017. Briggs: Stated the City of Prior Lake has benefited from Metro Cities work. Asked how much time is involved with a councilor to participate. Nauman: Responded they have four policy bodies and the councilor would attend three meetings that are about 2-2 ½ hours per year. Stated City Manager Boyles term on the Metro Cities Board is coming to an end and presented him with a plaque. 6B Presentation of the ResQpump CPR Equipment Police Chief Elliott, Allina EMS Dr. Andrew Stephens and Jeff Lanenburg presented on this topic dated June 12, 2017. Briggs: Thanked them for the presentation. 6C Proclamation Presentation Recognizing Klein Bank for their Support of the Prior Lake Community and Identity Removed from the agenda. PUBLIC HEARINGS 7A Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Vari- ance from the Maximum Impervious Surface Requirement for a Property in the R-1 (Low Density Residential) Zoning District within the Shoreland District Planner Matzke presented on this topic dated June 12, 2017. Braid: Asked what the square footage of the house is. Matzke: Stated the footprint of the house is 2,651 square feet but he does not have the house plans. DRAFT 06 12 17 City Council Meeting Minutes 4 Briggs: Opened the hearing at 7:49 p.m. and invited the applicant to speak. Henry Breeggemann, 14332 Watersedge Trail: Stated he condensed the information for his ap- peal which was emailed to the councilors and he presented paper copies. Stated the redevelop- ment of this property removes it from the flood plain, remedies the side yard setbacks that were there, improves the lake setback and a significant reduction of impervious surface from 53% to 39.2% by looking at the project together with both lots removes 284 square feet of impervious sur- face of the two lots. Believed the redevelopment makes two lots that are more aesthetically pleas- ing by adjusting the lot sizes. Stated none of the neighbors are opposed and he has the general support of the neighborhood with 13 signatures. Stated the proposed reduction from the Planning Commission will result in no longer being able to accommodate a moderately sized first floor bed- room and bathroom with handicap accessibility that is necessary to make the home accommodat- ing for his mother. Noted many homes have been granted variances around Paradise Bay. Con- cluded the resulting variance request is due to practical issues and not to just approve a large home to be build. Stated the home is under 4,000 square feet. Burkart: Asked how much of the impervious surface reduction relates to the 14332 Watersedge Trail home. Breeggemann: Responded it is 2,600 square feet. Burkart: Asked if they could stack the third garage. Breeggemann: Stated he went through 18 design revisions, when he removes a garage he re- moves a bedroom upstairs. Added he does not have a large backyard or side yards in order to store equipment. Believed it is best to enclose items rather than leaving them in the yard. Bob Miller, 14359 Watersedge Trail: Explained he was at City Hall a couple years ago, speaking against a property owner’s variance but he does not believe this is an unreasonable proposal. Noted he was the VP of the Lake Association who is concerned about the water quality and this does not seem to be a big problem. Stated the house that is there needs to be removed and these homes will be a great improvement. Briggs: Closed the hearing at 8:08 p.m. McGuire: Stated reducing the impervious surface on the one lot is great but he does not want to override the Planning Commission because they have spent a lot of time reviewing information. Braid: Stated he followed this through the Planning Commission. Noted the applicant is moving into a great community who cares about their lake. Explained he wanted to add a shed to his property but because of the impervious surface he ended up with a smaller shed; we have to make it fair and equitable for everyone who wants larger garages and gazebos but they cannot because of the restrictions. Believed it would be unfair to grant this. Burkart: Stated he appreciates the comments and he does not want to reverse the Planning Commission decision. Explained to the applicant that they are only 10% over the 30% allowed with making numerous revisions to get there. Noted there is a sensitivity to the lake but he does not know how that can be measured. Stated he could go either way. Briggs: Noted living on the lake presents challenges; he is on a 50-foot lot and they had to make trade off choices so he has empathy for the applicant. Stated the Planning Commission sees these things with the latitude, flexibility and wisdom; he does not want to chase away people but he does not want to support an overturn to the Planning Commission decision. McGuire: Asked what the garage sizes are. Stated he built on the lake and ended up with a smaller garage. Maztke: Responded the diameter is 33 feet times the depth of 24 which is a typical garage would be 792 square feet but whether that constitutes the entirety of the garage he does not know since he does not have the floor plan. MOTION BY BRAID, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-094 AFFIRMING THE PLANNING COMMISSION'S DECISION TO DENY A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT W ITHIN THE SHORELAND DISTRICT DRAFT 06 12 17 City Council Meeting Minutes 5 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 7B Public Hearing to Consider Approval of a Resolution Approving the Vacation of a Drainage and Utility Easement Located Along CSAH 42 (Pike Lake Marsh Plat) Planner Matzke presented on this topic dated June 12, 2017. Briggs: Opened the public hearing at 8:20 p.m. Briggs: Closed the public hearing at 8:21 p.m. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-095 FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ALONG CSAH 42 (PIKE LAKE MARSH PLAT) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 7C Public Hearing to Consider Approval of a Resolution Approving Tax Abatement and a Business Subsidy Agreement for Prior Lake Revival, LLC Community Development Director McCabe and Tammy Omdal, Northland Securities Inc. presented on this topic dated June 12, 2017. Braid: Stated he sits on the EDA and remembers reviewing this and it was determined due to the unique nature of this property, soil conditions and mitigation including a large retaining wall has brought them to this point. Noted he remembers the EDA supporting this up to $75,000 not $125,000. Recalled the EDA asking the developer if they are going to develop the other lots who responded yes; the EDA stated this was going to be a onetime approval. McGuire: Asked for confirmation that the EDA recommend only the $75,000. McCabe: Responded yes and staff still feels $75,000 is an adequate amount and the EDA en- couraged the applicant to apply for that amount. McGuire: Stated they would get $75,000 anyway. McCabe: Noted it depends on the total valuation once completed; for example, if the building was valued at $184 a square foot, over a 10-year term it would generate about $83,000 in 15 years it would be $125,000. MOTION BY MCGUIRE, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 8:29 P.M. DRAFT 06 12 17 City Council Meeting Minutes 6 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. Matt Schaefer, Eagle Creek Ave SE: Stated when they met with the EDA, they did not have hard construction numbers; due to the grading of the adjacent lots there is 13,000 yards of soil that needs to be removed which will cost $92,000 and the soil exports will cost about $60,000 in addition to the changes we need to already make to stabilize the structure. Noted the request of $125,000 will be used to offset the large costs they will be incurring. Braid: Stated he appreciates the explanation and understands the property will have some chal- lenges but is $75,000 is a number you can live with. Schaefer: Responded the $75,000 is appreciated but this project is doing so much for the com- munity and we are keeping two businesses in the city which will help developed downtown. Added we are hoping this will help motivate other developers to develop downtown. Burkart: Asked if the additional $50,000 would allow them to develop a higher quality project in that area. Schaefer: Responded the $125,000 gives us an opportunity to build the building shown and to go beyond the city requirements for landscaping. Briggs: Closed the public hearing at 8:40 p.m. Braid: Believed this development is extremely important especially with CR21 and TH13 project coming up; if this area is not developed he fears the engineers designing this road project will not give it the design needed. Added he does not want to see the property vacant forever or have a business leave town. Stated he hears from the residents that we need a vibrant down- town and a higher commercial tax base so this project will help accomplish both. Noted he struggles with the $125,000 instead of the $75,000 but he understands not all of the information was available when being discussed with the EDA. McGuire: Stated he is in favor of the $125,000. Burkart: Commented he is ok with community funds to be used in limited circumstances; he be- lieves this project meets the circumstances. Added he hopes this would inspire additional devel- opment and keeps two employers in town. Liked the name Prior Lake Revival and suggested it could even be Prior Lake Corridor Revival. Stated this has been a blank slip of land since his family moved here in 1974; he would like to see the full $125,000. Briggs: Stated having a vibrant business in this corridor is needed and he feels confident in this development. Noted we should diversify the tax base and to bring commercial revenue to the relief of private home tax payers. Noted his concern for this trade off. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-096 AP- PROVING TAX ABATEMENT AND A BUSINESS SUBSIDY AGREEMENT FOR PRIOR LAKE REVIVAL, LLC VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. DRAFT 06 12 17 City Council Meeting Minutes 7 OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Resolution Approving the 2016 Annual Financial Report and Management Letter Accounting Manager Erickson and Jim Eichren, MMKR & Co, P.A. presented on this topic dated June 12, 2017. Briggs: Thanked Eichren for his presentation and the staff for providing the information. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 17-097 APPROV- ING THE 2016 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution for the Insurance and Sale of $4,510,000 General Ob- ligation Bonds, Series 2017A Accounting Manager Erickson and Tammy Omdal, Northland Securities Inc. presented on this topic dated June 12, 2017. Briggs: Asked what would be the difference we received compared to Brooklyn Park and Colum- bia Heights. Omdal: Responded Brooklyn Park holds an identical rating and it falls to investor interest and this was a very solid bid. MOTION BY MCGUIRE, SECOND BY BRIGGS TO APPROVE RESOLUTION 17-098 FOR THE ISSUANCE AND SALE OF $4,510,000 GENERAL OBLIGATION BONDS, SERIES 2017A 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 COUNCILMEMBER LIAISON UPDATES No Councilmember Liaison Updates OTHER BUSINESS / COUNCILMEMBER REPORTS 12A TH13/CR21 Intersection Project Status Report DRAFT 06 12 17 City Council Meeting Minutes 8 Poppler: Noted the website www.movingforward13-21.com is up and running and gave a sum- mary of the websites contents. Talked about the pop-up meetings and stated staff will be pre- paring for the open house. Noted there is a Facebook page as well. Braid: Stated he was at the Farmer’s Market and saw staff down there; thanked them for being there on a Saturday. 12B 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 9:09 p.m. RECONVENE Briggs: Reconvened the meeting at 9:20 p.m. Briggs: Noted in the closed session council directed City Attorney relative to the items discussed. Boyles: Stated Casey McCabe is the new Community Development Director and the Building Inspections Department will now also report to McCabe; Jason Wedel will continue to be the Interim Public Works Director and Larry Popper has been promoted to the Assistant Public Works Director/City Engineer. Added the Finance Director should be filled soon. McGuire: Announced that the Veterans Harvest Market starts this Thursday, June 15, 2017 at the VFW. 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 9:23 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☒ ☐ ☐ The motion carried. ________________________________ Frank Boyles, City Manager