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HomeMy WebLinkAbout4A 09 18 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 18, 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 Erickson, Police Chief Elliott, Fire Chief Steinhaus, Community Development Director McCabe, Public Works Director Wedel, 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. No Members of the Public Spoke APPROVAL OF AGENDA MOTION BY BURKART, 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 BRAID, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE SEP- TEMBER 05, 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 18 17 City Council Meeting Minutes 2 5A. Consider Approval of Claims Listing 5B. Consider Approval of Building Permit Summary Report 5C. Consider Approval of Animal Control Services Report 5D. Consider Approval of Fire Department Report 5E. Consider Approval of Police Department Report 5F. Consider Approval of an Updated Official City of Prior Lake Calendar 5G. Consider Approval of a Recommendation to Update Various Liaison Appointments 5H. Consider Approval of a Resolution 17-139 Approving the Final Plat, Final Planned Unit Development Plan and a Resolution 17-140 Development Agreement for Haven Ridge 5I. Consider Approval of a Resolution 17-141 Approving a Waiver of Platting Requirements for Property Located at 3111 176th Street SW 5J. Consider Approval of a Resolution 17-142 Approving Off-Site Gambling for the Prior Lake-Savage Optimist Club 5K. Consider Approval of a Resolution 17-143 Designating Investment and Banking Author- ity on Behalf of the City of Prior Lake 5L. Consider Approval of a Resolution 17-144 to Close Debt Service Funds 550 and 553 5M. Consider Approval of a Resolution 17-145 Accepting Quotes and Authorizing the Execu- tion of the City's Standard Construction Contract for the Breezy Point Drainage Improve- ments Project 5N. Consider Approval of a Resolution to Declare Costs to be Assessed and Ordering Prepa- ration of an Assessment Roll and Establishing the Date of the Assessment Hearing for the 2017 Improvement Projects 1) Resolution 17-146 Balsam Area Road (Project #TRN17-000003) 2) Resolution 17-147 Cates Area (Project #TRN17-000002) 3) Resolution 17-148 Franklin Trail (Project #TRN17-000004) 4) Resolution 17-149 Sycamore Trail (Project #TRN17-000005) 5O. Consider Approval of a Resolution 17-150 Awarding a Contract to Complete the Com- prehensive ADA Transition Plan for the City of Prior Lake MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Adopting the Assessment Roll for the 2017 Mill and Overlay Improvement Project (Project # STR17-000001) Public Works Director Wedel presented on this agenda report dated September 18, 2017. DRAFT 09 18 17 City Council Meeting Minutes 3 Briggs: Asked if this timeframe is consistent with other hearing dates with notifications going out to residents because he noted 30 days seems quick. Schwarzhoff: Responded this is consistent and is state law; if paid within 30 days of the adop- tion of the assessment roll there is no interest, if paid after 30 days interest is charged. MOTION BY MCGUIRE, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:15 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Matt Malinosky, 5872 Cardinal Ridge Trail SE: Explained he understood that the city was only allowed to assess up to the additional property value as due to this improvement project. Asked if someone from the city or county going to verify that his property value did increase and if not, what is the process for having his home re-assessed to make sure he is not paying over his por- tion of the project. Darcy Fraenkel, 16615 Five Hawks Ave SE # 207: Stated she does not recall receiving a notifi- cation for the fee assessment in February. Noted she owns her condo but thought the association would have to pay for the assessments that are rental condos which is $48,000 causing associa- tion fees to go up. Believed that is too much money for the units. MOTION BY MCGUIRE, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 7:20 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Schwarzhoff: Explained legally the city is not obligated to do anything to prove the property value and if a property owner wants to appeal their assessment they would need to file a written and signed objection tonight, then file the notice of appeal with the court to appeal an assessment. Stated when city staff discussed this fee with the council last year, staff did look into this fee being appropriate. Added city staff has done a fair amount of general research on this; the council can direct staff to do a specific approval on certain projects. DRAFT 09 18 17 City Council Meeting Minutes 4 Wedel: Noted he was not hear when the initial hearing occurred but typically part of the feasibil- ity report would have been presented at the February meeting and would have included a pre- liminary assessment roll available for the public. Schwarzhoff: Stated in the spring or late winter this project was discussed specifically since this is a new fee. Added notices did go to all the property owners and this amount was in the fee schedule. Noted people did attend the public hearing concerned about this exact issue indicat- ing notices did go out required by law. Stated notices are always published in the Prior Lake American. Boyles: Noted this council has been concerned about communications to the public; staff started sending notices to staff’s personal addresses to ensure notices are getting to the bene- factors. Briggs: Questioned who receives a notification. Schwarzhoff: Responded the notice goes out to the property owner on the county tax records. Noted there have been issues in the past where a landlord does not pass that information along to the tenant but the law requires us to provide it to the owner of the property as listed on tax records. Braid: Restated the comment about the home owner’s association being assessed but he is un- der the understanding it just goes to the property owner. Wedel: Replied correct, the fee would only go to the condo owners it would not be the associa- tion. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 17-151 ADOPT- ING THE ASSESSMENT ROLL FOR THE 2017 MILL AND OVERLAY IMPROVEMENT PRO- JECT (PROJECT # STR17-000001) Burkart: Explained he does not agree with assessing for mill and overlay but for purposes of ex- pediency over the next three years he does not wish to vote against mill and overlay assess- ments. Stated he believes it is poor public policy and it is an inefficient way to pay for street maintenance and believes it should be in the tax levy at 1.2% each year which is deductible to our residents verses an assessment that is not deductible. 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 a Drainage and Utility Easement on 3613 Cove Point Circle NW Within the Jeffers Pond 8th Addition Plat Community Development Director McCabe presented on this agenda report dated Septem- ber 18, 2017. Briggs: Asked if the change of two feet impacts lot 7 as well as lot A. DRAFT 09 18 17 City Council Meeting Minutes 5 Matzke: Responded adjustments were not needed in that area due to the location of the pipe. MOTION BY THOMPSON, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:35 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No Members of the Public Spoke MOTION BY THOMPSON, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 7:36 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-152 VA- CATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON 3613 COVE POINT CIRCLE NW WITHIN THE JEFFERS POND 8TH ADDITION PLAT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval to Adopt the Preliminary Tax Levy and Announce Public Budget Hearing Date Finance Director Erickson presented on this agenda report dated September 18, 2017. DRAFT 09 18 17 City Council Meeting Minutes 6 McGuire: Stated his concern of where the cuts are proposed and it feels like adding the three em- ployees took up most of the increase which he has difficulty for tonight. Noted he is ok with the 4.7 % but would like discussion at the work shop to decide if that is the right thing to do. Thompson: Noted the revolving equipment fund is adding three very expensive pieces of equip- ment all in one year and questioned if all three items are needed in the same year. Braid: Noted in the growth is closer to 5.4 %. Erickson: Responded yes due to development occurring. Braid: Stated the Fire Chief stated the SCBA tanks are needed due to regulations, asked if that is included in the CIP. Erickson: Responded yes, it is in the facility management budget. Braid: Commented that we shifted the Green Heights Trail and Pershing, asked if there were any other projects that were moved forward. Erickson: Replied those are the only other two. Braid: Noted the Police Chief has been noting we need more staff for a couple of years now which carries a lot of weight for him since Prior Lake now has the highest crime rate in Scott County. Briggs: Stated council provided a tall task for staff to make cuts for them to reach the 4.7%. Noted staff prioritized where those cuts would come from; Thompson mentioned some equipment concerns. Asked what are the sources of the intergovernmental aid that comes into the city. Erickson: Responded aid comes from the state for construction and maintenance, police and fire and aid from the SMSC Briggs: Questioned what risk is associated with these aid sources. Erickson: Stated staff does not know what the numbers will be; the award is given in October but normally it is based off the prior year for the best estimate. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-153 ADOPTING THE PRELIMINARY TAX LEVY AND ANNOUNCE PUBLIC BUDGET HEARING DATE OF DECEMBER 4, 2017 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 Burkart: Noted there was a Rolling Oaks neighborhood meeting last week and complimented Nick Monsured and Jason Wedel for handling the group; some members of the neighborhood were disrespected to our staff which was inappropriate but the staff handled it well. Added it was not an easy meeting to get through. DRAFT 09 18 17 City Council Meeting Minutes 7 Briggs: Commented that staff had a challenging planning commission meeting last week as well due to concerns voiced for communication; staff provided communication which was correct and then that resident wrote an apology which is remarkable to staff. McGuire: Noted last week the city lost two long term residents, Raymond Johnson who was the Public Works Superintendant for 26 years and a Firefighter for 20 years; Julie Stock also passed away who is the mother of Savage City Administrator Barry Stock and wife of long-term Prior Lake Mayor Wally Stock. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A TH13/CR21 Intersection Project Status Report Wedel: Noted last week the county and city had a joint meeting and were presented each con- cept; now we are trying to get input from the alternatives. Added the EDA and EDAC also met on this topic, there was a popup meeting at the Veterans Harvest Market and tonight at the Prior Lake Community Fall Fest. Stated the next public open house will be on October 10, 2017 at City Hall. Briggs: Stated it is important that we hear from all regarding this project. Added all the alterna- tives are available to you and your input is what will help provide guidance on this road project. ADJOURNMENT With no further business brought before the Council, a motion was made by Thompson and se- conded by McGuire to adjourn. The motion carried and the meeting adjourned at 8:04 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager