Loading...
HomeMy WebLinkAbout4A 07 24 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES July 24, 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, Assistant Public Works Director/City Engineer Poppler, Police Chief Elliott, Fire Chief Steinhaus, Community Development Director McCabe, Public Works Interim Director Wedel, Finance Director Erickson, Planner Matzke, 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. Sarah Watters, 15065 Green Oaks Trail SE: Stated she lives directly across from Green Oaks Park which had mainly been a safe park for the last ten years except for this last weekend when graffiti with inappropriate language, images and racial slurs appeared. Noted graffiti has been pre- sent in the past but far and few instances. Explained her daughter and her friend had a lemonade stand in the park; racial slurs appeared after that saying “n****** sell lemonade “blacks have no rights” which was clearly pointing to one of the girls as she was selling lemonade at the park that weekend. Noted the graffiti was cleaned up and she notified the police; the next day more graffiti appeared with negative remarks. Stated she no longer feels safe in the neighborhood and re- quested more patrolling in the area. Rickeeta Francis, 6009 150th Street SE: Stated her yard meets up to the park and the past weekend was tough for her and she is deeply saddening that this had taken place and no person, child or adult should have to deal with this type of issue. Noted she teaches her children not to see color but see a person for who they are. Stated neighbors took down the graffiti so the chil- dren would not see this. Added they are not going to stand for this in their neighborhood and re- quested from council any support regarding this issue. Stated she filed a police report, Officer Cassman came out and took the report and the police have been patrolling more. Explained she sent out a text message asking neighbors what else they would want to see so no children have to experience this. Stated she would like the kids who drew the graffiti to have a consequence such as community service. Thanked Mayor Briggs and the Police Department for hearing them out and hopes they can get to the bottom of this. Kim Churchill, 16209 Evanston Ave SE: Noted she is on the Local Advisory for Community Health. Explained a location for a treatment center has been chosen in Shakopee for mental health and substance abuse. Added the 16-bed crisis facility is on hold because the company that is going to build the facility is going through leadership changes. Stated there was an article in the paper about Prior Lake being on the lower end of police officer employee count and would like to see more officers hired. 07 24 17 City Council Meeting Minutes 2 Braid: Thanked people for coming and bringing these issues to their attention. Quoted Martin Lu- ther King “in the end we will not remember the words of our enemies but the silence of our friends.” Explained that the council is their friend and they will not be silent. Added Prior Lake resi- dents care about our neighbors, community and will not let the actions of the few dictate a culture of our city. Briggs: Stated last week was a great week for Prior lake; 25,000 people come to Music Fest which was the biggest crowd and The Minneapolis St. Paul magazine published a 32 page insert on the City of Prior Lake. Added all of us should have felt proud. Continued on Saturday he took a phone call regarding this hate incident; some may say it is an isolated incident or for people out- side our community but this is intolerable and we must stand together. Stated the police force is key but what he is most proud of is not the magazine insert or how many people came to Music Fest, it is for all of you that showed up this evening showing your support for one another. Thompson: Stated her daughter and grand-daughter live on Green Oaks Trail so it hits home for her. Added she was shocked and thanked them for bringing this forward. Stated her commitment is to pray that the people who did this will be caught. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY BRAID 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 THOMPSON, SECOND BY BRAID TO APPROVE THE MINUTES OF THE JULY 10, 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. 5A. Consider Approval of Claims Listing 5B. Consider Approval of a Resolution 17-115 Accepting Donations and Grants to the City During the Second Quarter of 2017 07 24 17 City Council Meeting Minutes 3 5C. Consider Approval of Building Permit Summary Report 5D. Consider Approval of Animal Control Services Report 5E. Consider Approval of June 2017 Fire Department Report 5F. Consider Approval of June 2017 Police Department Report 5G. Consider Approval of Resolution 17-116 Approving the Final Plat and Development Agreement for Lake Ridge Apartments 5H. Consider Approval of Resolution 17-117 Approving Off-Site Gambling for the Prior Lake- Savage Optimist Club 5I. Consider Approval of Ordinance 117-14 Amending City Code Subsection 106.600 Parts 1 and 7 Related to Right-of-Way Permit Fees and Regulation and Resolution 17-118 Ap- proving a Summary of the Ordinance and Authorizing its Publication 5J. Consider Approval of Resolution 17-119 Authorizing the Acquisition of Easements for the TH13/150th Street Project, City Project No. SP 7001-104 MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Thanked the Shakopee Mdewakanton Sioux community for their $110,000 donation for second quarter 2017 police, the Optimist Club for their $3,000 donation towards the Fire Safety Camp and Recreation Scholarships, the Lions Club $1,100 for room darkening shades at Club Prior and Sailer’s Greenhouse for a $1,200 donation towards city landscaping. RECESS Briggs: Called a recess at 7:31 p.m. RECONVENE Briggs: Reconvened the meeting at 7:37 p.m. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Ordering the Rolling Oaks Im- provement Project Assistant Public Work Director/City Engineer Poppler presented on this topic dated July 24, 2017. Thompson: Asked why the street is 27 feet wide. 07 24 17 City Council Meeting Minutes 4 Poppler: Responded there is a Public Works Design manual that staff follows with the normal width being 32 feet wide. Added in areas where there is environmental sensitivity, we can go down to 28 feet which is being done with this street. McGuire: Asked for confirmation that the existing street is 27 feet wide. Poppler: Replied yes but does not include curb and gutter; the new street will be 28 feet wide from curb to curb but the paved surface is close to 27 feet which it is today. MOTION BY BURKART, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 7:51 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Gordon Erickson, 14071 Rolling Oaks Circle NE: Noted he has no plan to develop his land but his concern is with the wording of the hookup fees applied when the properties are split. Re- quested the wording to note this is does not apply for future owners of the property until it is subdi- vided. Stated he wants to ensure himself or anyone else who has a larger lot that could be subdi- vided that they will not be hand cuffed. Requested something in writing talking about the perpetu- ity that the city will not charge the property owner until the land is developed. Stated if that is listed in the paperwork, he has no problems. Explained 20 years ago he built a deck with an above ground pool and his septic failed due to the high-water table so the city engineers at that time let him pay the extra money to have utilities run from his house out to the city services available. Noted the number presented is reasonable but he already has two of the three features of this project. Stated the WSB Consultant told him you would be better off hooking up right in front of your house instead of the angle on his road; he does not want to pay more to redo the hook-up. Asked if the shoe was on the other foot, do you think it is fair and reasonable to be billed the same as everyone else on the project? MOTION BY MCGUIRE, SECOND BY BRAID TO CLOSE THE PUBLIC HEARING AT 7:57 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked for assurance regarding language. Schwarzhoff: Responded there is not an agreement on this because it is a development fee. Stated if it makes one feel more comfortable the language in the resolution noting that. Explained this is only applied if that lot was split or subdivided and applied only to the new development. Noted this is paid at the existing rate which may go up over the years. Briggs: Noted the trigger for this fee is either the splitting of property or the development of said split lot. 07 24 17 City Council Meeting Minutes 5 Schwarzhoff: Stated it is the actual splitting of the property. McGuire: Asked if Erickson paid a connection fees 20 years ago. Poppler: Responded Erickson said he has but this can be verified. Noted the numbers will be re- viewed again. McGuire: Stated if Erickson paid the fees back then, there should be some sort of consideration for that. Burkart: Asked if the cost for the utilities and the street was broken out, what is the percentage of the project for the street? Poppler: Responded when you take into account the trunk funds put into this and the developer contribution for sewer and water, the street component is left but this is something that can be dis- cussed further with the assessment review work group. McGuire: Stated he supports the project going ahead but has difficulty for the subsidy that the en- tire city is giving towards Rolling Oaks. Noted in the future he has concerns that this will happen again since there are several developments still out there that are similar. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-120 ORDER- ING THE ROLLING OAKS IMPROVEMENT PROJECT Burkart: Stated there are cost savings measures in place and leveraging other funding’s as much as we can and septics are aging so it is not easy to assess this much to land owners; it is not a decision that is taken lightly. Noted the staff and council have bent over backwards to make this project work. Thanked Poppler for his work on this project. Noted this is financed over ten years and five years for the hook ups for beautiful lots so the benefits outweigh the costs for the proper- ties. State this is as good as it gets and he has no additional appetite socializing more costs for this project. Noted the headline in the Prior Lake American several weeks ago was improper; it should have said City Council Delivering Exceedingly Fair Deal to Those on Rolling Oaks.” Braid: Noted he is sensitive to these costs for neighborhoods. Applauded Burkart and Thompson for their work on this which is a change from previous councils. Thompson: Recognized this is a long and difficult process. Stated she was sorry but thanked the residents for coming to the meeting and working with us to get to this point which his acceptable. Added she understands it will be burden for people but this is the best deal we could do. Briggs: Echoed Thompsons comments. Noted this helped the council see how we do the work we must do to see the future. Stated this council has grown through this project. Thanked all par- ties involved. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7B Public Hearing to Consider Approval of a Resolution Vacating a Portion of Platted Driveway Within the Green Heights Plat Adjacent to 3781 Roosevelt Street SW Planner Matzke presented on this topic dated July 24, 2017. 07 24 17 City Council Meeting Minutes 6 MOTION BY THOMPSON, SECOND BY BURKART TO OPEN THE PUBLIC HEARING AT 8:14 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No members of the public spoke. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 8:14 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE RESOLUTION 17-121 VACAT- ING A PORTION OF PLATTED DRIVEWAY WITHIN THE GREEN HEIGHTS PLAT ADJACENT TO 3781 ROOSEVELT STREET SW VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Accepting Plans and Specifications and Authoriza- tion Advertisement for Bids for the Rolling Oaks Improvement Project Assistant Public Works Director/City Engineer Poppler presented on this topic dated July 10, 2017. Braid: Asked for confirmation that this has been discussed with the residents in this neighbor- hood. Poppler: Responded on July 12, 2017 we talked about numbers and had an informal discussion on the plan. Added seven out of the ten property owners attended and the ones that were not there could call to discuss. Thompson: Noted the neighborhood voted to not have a cul-de-sac. 07 24 17 City Council Meeting Minutes 7 Poppler: Commented it was not a vote but a discussion to keep the road the way it is. MOTION BY BURKART, SECOND BY THOMPSON APPROVING RESOLUTION 17-122 AC- CEPTING PLANS AND SPECIFICATIONS AND AUTHORIZATION ADVERTISEMENT FOR BIDS FOR THE ROLLING OAKS IMPROVEMENT PROJECT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B Consider Approval of a Resolution Approving a Temporary Off-Street Parking Demon- stration Project for Charlie’s on Prior Community Development Director McCabe presented on this topic dated July 24, 2017. McGuire: Asked approximately how many cars will it accommodate. McCabe: Answered around 25 cars. Thompson: Stated staff had a nice-creative-quick solution. Briggs: Noted there is pre-existing use of this space but as it reads, Charlie’s is identified for the use and control of the property. Asked if there is other use of the property. McCabe: Stated there is a property owner and the property owner does intend to use the lot as they currently are. Added the way the resolution is written, Charlie’s is alone the responsible party. Briggs: Noted Charlie’s has accepted responsibility. Stated on item F in the resolution he would like it to state, “The demonstration project may be terminated at any time, without cause at the sole discretion of the City Manager.” Schwarzhoff: Responded for any reason is standard language. Asked if ‘for any reason’ and ‘without cause’ can both be left in. Briggs: Noted he prefers the changed language from his experience since for any reason means to provide a reason and without cause is to remain silent. Schwarzhoff: Replied the without because language is fine. MOTION BY BURKART, SECOND BY BRAID APPROVING RESOLUTION 17-123 FOR A TEM- PORARY OFF-STREET PARKING DEMONSTRATION PROJECT FOR CHARLIE’S ON PRIOR AS AMENDED BY THE CITY COUNCIL Burkart: Thanked Jeff and Tracy Petchl who are the owners of Charlie’s on Prior and thanked the staff for their fast work. Noted this decreases on street parking for this enterprise and Charlie’s on Prior is a vital part of the city. MOTION BY THOMPSON, SECOND BY MCGUIRE TO CHANGE THE LANGUAGE ON THE RESOLUTION FOR ITEM F REMOVING ‘FOR ANY REASON’ REPLACED WITH ‘WITHOUT CAUSE’ 07 24 17 City Council Meeting Minutes 8 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MAIN MOTION VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of Resolution Relating to the Establishment of a Citizen Engage- ment Committee Assistant City Manager Olson presented on this topic dated July 24, 2017. McGuire: Stated under the resolution there is a blank for appointment. Boyles: Noted we can add in that this is an initial appointment. MOTION BY BRIGGS, SECOND BY MCGUIRE APPROVING RESOLUTION 17-124 RELATING TO THE ESTABLISHMENT OF A CITIZEN ENGAGEMENT COMMITTEE WITH THOMPSON AS THE INITIAL LIAISON Briggs: Commended Burkart and Braid for seeing their way through the committee discussions. Noted this is to gain wide engagement from our citizens. Stated Thompson has served on Parks Advisory Committee, Lakes Advisory Committee and Communications/Technology Advisory Committee; Thompson has the lightest load and she would do a fine job. 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 07 24 17 City Council Meeting Minutes 9 Briggs: Effective August 1, 2017 the City Council meeting dates will be changed. Noted the City Council will meet the first and third Monday; the Planning Commission will meet the second and fourth Monday. Added this will eliminate the conflict for residents want to attend a City Council meeting and School Board meetings as they are currently on the same evenings. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A TH13/CR21 Intersection Project Status Report Poppler: Noted the next popup meeting will be at Lakefront Days. Added there is a new use survey on the website movingforward13-21.com. Stated the next joint meeting with the county is tentatively set for September 7, 2017 from 5-7:00 pm. Thompson: Asked if options will be shown on September 7, 2017. Poppler: Responded yes. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded by Briggs to adjourn. The motion carried and the meeting adjourned at 8:43 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager