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Home My WebLink About4A 09 05 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 5, 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 Director Wedel, Finance Director Erickson, 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. No Members of the Public Spoke 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 BRAID, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE AU- GUST 21, 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. DRAFT 09 05 17 City Council Meeting Minutes 2 5A. Consider Approval of Claims Listing 5B. Consider Approval of a Resolution 17-130 Approving a Temporary On-Sale Liquor Li- cense for the Prior Lake VFW 5C. Consider Approval of a Resolution 17-131 Authorizing a Special Hunt for the Spring Lake Regional Park Property 5D. Consider Approval of a Resolution Authorizing a Special Hunt for the Mike Vierling Prop- erty 5E. Consider Approval of the 2017 July Treasurers Report 5F. Consider Approval of a Settlement with Chard Tiling & Excavating Relating to County Highway Project 12 5G. Consider Approval of a Resolution Declaring Costs to be Assessed, Ordering Preparation of an Assessment Roll for 2017 Unpaid Special Charges and Establishing the Date of the Assessment Hearing Thompson: Requested items 5D and 5G to be removed from the consent agenda. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF AGENDA ITEM 5D AND 5G VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Plaque Presentation for Assistant Public Work Director/City Engineer Poppler City Manager Boyles presented on this topic dated September 5, 2017. Briggs: Presented a plaque to Poppler and thanked him for working for the city. Poppler: Thanked the community and stated since he has started Prior Lake has grown by 9,000 people. Thanked the council and noted he has attended roughly 360 city council meetings over his 15 years. Thanked Boyles for his diligence going over reports and his mentorship. Thanked other staff members that have come and gone as well as those who are still here. McGuire: Thanked Poppler for his accurate reports and his work over the years. Thompson: Stated her appreciation for what Poppler has done for the city. Burkart: Congratulated Poppler on the new position and thanked him as a council member and resident. Braid: Thanked Poppler for his patience educating the new councilors, wished him well and thanked him for his service. 6B Promotion Ceremony for Sergeant Craig Johnson and Lieutenant John Stanger Police Chief Elliott presented on this topic dated September 5, 2017. DRAFT 09 05 17 City Council Meeting Minutes 3 Stanger: Thanked Elliott, Boyles and the council. Noted he has seen the city and department grow and he is proud of the officers he works with. RECESS Briggs: Called a recess at 7:19 p.m. for Johnson and Stanger to take photos in the Chamber. RECONVENE Briggs: Reconvened meeting at 7:24 p.m. PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS 8A Consider Approval of a Resolution Awarding Bids and Authorizing the Mayor and City Manager to Enter into the City’s Standard Construction Contract for the Rolling Oaks Im- provement Project (Project #TRN13-000006) Assistant Public Works Director/City Engineer Poppler presented on this topic dated Septem- ber 5, 2017. Burkart: Asked how property owners will access their property over the next three months due to the work that needs to take place to hook-up utilities. Poppler: Responded there will be an excavation going about 10-15 feet deep when the connec- tion takes place from County Road 42 to Rolling Oaks which will cause interruption for a few days but the city is working out details with the contractor. Noted on September 8, 2017 there will be a pre-construction meeting per tonight’s approval and there will be more details for the residents in the coming weeks. Briggs: Stated this was a challenging project and acknowledged the staff for good communication on this project. MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-134 AWARDING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE CITY’S STANDARD CONSTRUCTION CONTRACT FOR THE ROLLING OAKS IMPROVE- MENT PROJECT (PROJECT #TRN13-000006) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐☐ ☐ ☐ Absent ☐ ☐☐ ☐ ☐ The motion carried. 8B Consider Approval of a Resolution Declaring Costs to be Assessed and Ordering Prep- aration of an Assessment Roll and Establishing the Date of the Assessment Hearing for the Rolling Oaks Improvement Project (Project #TRN13-000006) DRAFT 09 05 17 City Council Meeting Minutes 4 Assistant Public Works Director/City Engineer Poppler presented on this topic dated Septem- ber 5, 2017. Braid: Asked which power company decided to bury the power lines. Poppler: Responded Shakopee Public Utility Commission. MOTION BY THOMPSON, SECOND BY BURKART TO APPROVE RESOLUTION 17-135 DE- CLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF AN ASSESSMENT ROLL AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE ROLLING OAKS IMPROVEMENT PROJECT (PROJECT #TRN13-000006) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Approving a Plan and Process for the 2017 Update of the 2040 Vision and Strategic Plan City Manager Boyles presented on this topic dated September 5, 2017. McGuire: Noted the first version of this plan was in 1986 and requested the resolution be updated to reflect the accuracy. Burkart: Requested confirmation on the event details. Boyles: Stated the 2040 Vision and Strategic Plan event will be on October 24, 2017 at Club Prior starting at 5:00 p.m. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-136 AP- PROVING A PLAN AND PROCESS FOR THE 2017 UPDATE OF THE 2040 VISION AND STRA- TEGIC PLAN VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of an Ordinance Revising City Code Part 11 Related to Towers and a Resolution Approving a Summary of the Ordinance and Authorizing its Publication City Attorney Schwarzhoff presented on this topic dated September 5, 2017. DRAFT 09 05 17 City Council Meeting Minutes 5 Braid: Noted he followed this through the Planning Commission who supported this revision and he supported this amendment. MOTION BY BRAID, SECOND BY MCGUIRE TO APPROVE ORDINANCE 117-15 REVISING CITY CODE PART 11 RELATED TO TOWERS AND A RESOLUTION 17-137 APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICATION VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C Consider Approval of an Ordinance Amending Section 1101 and Section 1109 of the Prior Lake Zoning Ordinance Related to Appeal Process and a Resolution Approving a Summary of the Ordinance and Authorizing its Publication Community Development Director McCabe presented on this topic dated September 5, 2017. Braid: Stated the Planning Commission did support this ordinance amendment. Added a recent appeal did have new information and he is glad to see this change which will address the appeal process issue. Briggs: Noted when the appeal came through and the information changed it was bizarre and he is appreciative that this has been tightened up making the Planning Commission the body to re- view new information before coming to the council. MOTION BY BRAID, SECOND BY BURKART TO APPROVE ORDINANCE 117-16 AMENDING SECTION 1101 AND SECTION 1109 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO APPEAL PROCESS AND A RESOLUTION 17-138 APPROVING A SUMMARY OF THE OR- DINANCE AND AUTHORIZING ITS PUBLICATION VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5D Consider Approval of a Resolution Authorizing a Special Hunt for the Mike Vierling Property DRAFT 09 05 17 City Council Meeting Minutes 6 Burkart: Requested hunting to be allowed only on the weekends since there may be children walking to and from school on Carriage Hill Parkway. Elliott: Noted in the past there have been variations over the years on which property can be hunted, what days of the week and what time of day. Stated this was submitted for both areas; there have not been any issues in the past; those who hunt this property are aware of the property lines and potential issues; they hunt inwards and not towards the road or sidewalks. Noted the distance of a shotgun birdshot will travel must less than a riffle round. Thompson: Noted hunters are aware there are children going to school and the residential area, so they are purposely withholding shots from that area. Elliott: Stated there have not been questions about shots out in the sidewalk area. Thompson: Asked if the school and neighbors have been notified. Elliott: Responded they are not. McGuire: Stated in previous years there were complaints from the noise of the neighbors and added his concern during the week. Burkart: Noted he is not comfortable with hunting by the school and residential area. Briggs: Stated the Spring Lake Park special hunt has a vetted process for their hunters. Asked how many hunters, what guidance has been provided and what knowledge do the hunters have. Elliott: Responded they would have to have a hunting license which requires a MN Firearms Certificate. Added this property is private; the Spring Lake Park is public land and they are hunt- ing different wildlife. Noted the landowner is the deciding factor of who can hunt their land. Braid: Stated he understands the concern from fellow councilors; he does hunt waterfowl and there are a lot of areas that are hunted which are near roads; bird shot does not travel far. Added the neighbors in the neighborhood he talked to did not have a problem with the hunt. Thompson: Noted she feels compelled to notify the school and if we did that there would be a lot of concerned parents due to the lack of knowledge of this type of hunt. Elliott: Stated what he is hearing was similar to what was approved in 2014 where both proper- ties were approved but the south property was only allowed to be hunted on weekends with times that coincide with the city noise ordinance. Briggs: Commented that he wants to make sure shots do not extend the property line; asked for a map to show where the hunters stand and where their shot would travel to. Elliott: Responded this would be labor intensive to determine the ballistics. Briggs: Asked the applicant to speak. Bob Vierling, 13985 Pike Lake Trail: Stated the shots will not go that far because hunters are supposed to be 500 feet away from a roadway. Briggs: Requested the map to show the hunting area verses the property line. Elliott: Noted the state hunting rules dictate how close a hunter can be to roads and buildings. Burkart: Asked applicant is ok with the restriction proposed for the south property. Vierling: Responded he does not like the restriction because it is not enough time and they need to hunt when the birds are there. Burkart: Asked where hunters would be sitting in the south property to shoot. Vierling: Responded that they have a permanent blind set that is faced away from the roads and housing. McGuire: Asked if there was any hunting on the south property in 2015 and 2016. Elliott: Replied in 2015 it was just the north property in 2016 there was no application to hunt. McGuire: Noted he is willing to compromise to the 2014 rules. DRAFT 09 05 17 City Council Meeting Minutes 7 Vierling: Concluded the school has been there for many years and has never been a problem and reminded the council a shot cannot go that far. MOTION BY BRAID, SECOND BY BRIGGS TO APPROVE RESOLUTION AUTHORIZING A SPECIAL HUNT FOR THE MIKE VIERLING PROPERTY FOR BOTH NORTH AND SOUTH PROPERTIES VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☐ ☐ ☐ ☒ Nay ☐ ☒ ☒ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion failed. MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-132 AU- THORIZING A SPECIAL HUNT FOR THE MIKE VIERLING PROPERTIES WITH HUNTING ON THE SOUTH PROPERTY RESTRICTED TO WEEKENDS Burkart: Stated the council is creating an exception to allow this hunt in town but he is con- cerned for children. Added the difference of this approval now is that there are three new coun- cilors taking a new view on this. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 5G Consider Approval of a Resolution Declaring Costs to be Assessed, Ordering Prepa- ration of an Assessment Roll for 2017 Unpaid Special Charges and Establishing the Date of the Assessment Hearing Thompson: Stated this is for delinquent utility charges; asked what the reason for the unpaid charges. Erickson: Responded she does not know the reason people do not pay the bill. Added the bill is sent to the owner or renter; if a renter is past due, it is then sent to the owner. Noted there are 221 accounts and there are about 17 outliers that have a balance greater than $1,000 and out of the 204 that are left, the average balance is about $315. Thompson: Asked if some of these are a year old. Erickson: Replied it is anything that is 60 days past due and it would not be older than a year since we certified last year. Explained the city recently sent out a letter saying we will certify the bill if it is not paid; then the city will send a second notice that a public hearing will be held regard- ing these certified bills. DRAFT 09 05 17 City Council Meeting Minutes 8 Thompson: Asked what certified means. Erickson: Responded it means the bill will hit their property taxes. Noted this was a practice which the council adopted in 2013. Thompson: Asked if people pay their taxes and if so we do recoup the money in taxes. Erickson: Responded most of them do and yes, we do recoup the money later. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-133 DE- CLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF AN ASSESSMENT ROLL FOR 2017 UNPAID SPECIAL CHARGES AND ESTABLISHING THE DATE OF THE AS- SESSMENT HEARING VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. COUNCILMEMBER LIAISON UPDATES No Councilmember Liaison Updates OTHER BUSINESS / COUNCILMEMBER REPORTS 12A TH13/CR21 Intersection Project Status Report Poppler: Stated there is a joint meeting between the Scott County Board and City Council on September 7, 2017. Noted there will be a table at the Veterans Harvest Market on September 7, 2017 and at the Fall Community Fest on September 18, 2017 9/18. Noted the open house will be on October 10, 2017 where we receive comments from the public as a whole. Noted since he is leaving the city, Wedel will take over his role on this team. Briggs: Asked what can be expected this Thursday. Poppler: Noted it will be similar to the other joint meetings with the board and council at the dais, presentation from Bolton Menk walking through the different intersection designs; then col- lect questions from the board and councilors. Reminded that public input will be collected at each of the pop-up meetings and the open house along with individual meetings with those who want to talk one-on-one about this topic with staff. Briggs: Asked Boyles to recap the advisory committee applicants. Boyles: Noted the number of applicants for each advisory committee and stated the deadline is September 12, 2017. Thompson: Asked if the deadline can be extended. Boyles: Responded it can be extended. Briggs: Asked if there should be a certain deadline set this evening. Schwarzhoff: Stated the city set the deadline, should give interviews to get people on the com- mittees then re-advertise in hopes the committees can reach their numbers sooner than later. ADJOURNMENT DRAFT 09 05 17 City Council Meeting Minutes 9 With no further business brought before the Council, a motion was made by Thompson and se- conded by Braid to adjourn. The motion carried and the meeting adjourned at 8:26 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager