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HomeMy WebLinkAbout4A 10 02 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES October 02, 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, Police Chief Elliott, Community Development Director McCabe, Public Works Director Wedel, Project Engineer Monserud, Firefighter Zimmerman 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. Curt Hennes, 17286 Sunset Trail SW: Asked when Stemmer Ridge will be opened and ex- plained the routes that have to be taken due to the closure. Stated Willows Street was only resur- faced about six years ago and it has many cracks and patching; there is no reason this should be breaking down already as there is only residential traffic except for school busses and garbage trucks. Complimented Councilor Burkart at his idea to combine Lakefront Days and Lakefront Mu- sic Fest. Briggs: Stated Stemmer Ridge Road opens tomorrow, October 3, 2017 at 3:00 p.m. Boyles: Explained the road remained close because the committee, which was composed of area residents, requested the road to remain closed until it was completely finished. Briggs: Noted the question and comments regarding Willows Street will be explored. APPROVAL OF AGENDA MOTION BY BURKART, SECOND BY THOMPSON TO APPROVE THE AGENDA WITH THE REMOVAL OF AGENDA ITEM 5C VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE SEPTEMBER 18, 2017 REGULAR MEETING AS PRESENTED DRAFT 10 02 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. 5A. Consider Approval of Claims Listing 5B. Consider Approval of a Resolution 17-154 Accepting the Public Improvements for the Markley Lake Woods Development (#Dev13-103) 5C. Consider Approval of a Resolution Approving a Temporary On-Sale Liquor License for Shepherd of the Lake Lutheran Church 5D. Consider Approval of a Resolution 17-155 Extending the Auditing Services Agreement with Malloy, Montague, Karnowski & Radosevich (MMKR) for Calendar Years ending 2017, 2018 and 2019 5E. Consider Approval of a Resolution 17-156 Approving the Maple Place 2nd Addition Final Plat and Development Agreement 5F. Consider Approval of August 2017 Treasurer’s Report MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Proclamation to Declare October as Domestic Violence Awareness Month Police Chief Elliott and Community Safety Advisory Committee Member Jader presented on this agenda report dated October 2, 2017. Bethany Smith, Southern Valley Alliance for Battered Women: Noted they are fortunate to have the support of the Prior Lake Police Department. Explained that other counties and cities throughout the state do not have the working relationship that Southern Valley Alliance for Bat- tered Women have with Prior Lake. Thanked Sergeant White who serves on the board. Noted when she stated on the board there was 1 in 4 women and 1 in 5 men would suffer domestic vio- lence in their life, now it is 1 in 3 women and 1 in 4 men. Stated domestic violence is a learned be- havior and more and more people are learning this behavior; we need to prevent this. Explained since 1982 they have served 2,133 victims in Prior Lake. Suggested people take a quiz on their DRAFT 10 02 17 City Council Meeting Minutes 3 website www.svabw.org to find out how healthy your relationship is. Noted there is a Poinsettia fundraiser going on until November 17, 2017 and Give to the Max Day on November 16, 2017. Briggs: Presented a proclamation to Smith. 6B Proclamation to Declare October 8-14, 2017 as Fire Prevention Week Briggs: Presented a proclamation to Firefighter Eric Zimmerman Zimmerman: Invited the public to join the Fire Department for their open house on Thursday, Oc- tober 12, 2017 at 5:30 p.m. at Fire Station 2. Noted all are welcome; they will have hot dogs, fire- truck and ambulance tours and much more. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Adopting the Assessment Roll for the Rolling Oaks Circle Improvement Project (Project #TRN13-000006) Public Works Director Wedel presented on this agenda report dated October 02, 2017. Burkart: Regarding 14701 Rolling Oaks Circle NE, the $26,900 assessment fee does not in- clude a connection fee. Wedel: Responded correct. Burkart: Asked why it would be appropriate to remove a connection fee paid in 2001 related to that property which will not have to pay a connection fee this time around since they are already connected. Stated maybe an argument could be made for the difference of $6,549 charge now and the $9,000 that property paid back in 2001. Asked if it would be appropriate to give them a credit for the difference. Wedel: Responded that property owner not only paid the full connection and a $9,000 assess- ment on top of that as part of the agreement with the city to connect. Explained the resident is asking for the $9,000 to be deducted off their assessment. Noted the current assessment is for street and storm sewer only; it could be argued that the previous $9,000 for sewer and water is not applicable since the current fee does not include sewer and water. Briggs: Stated the agreement from the city and property owner is $9,000 fee in lieu of an as- sessment. Asked if the $9,000 was an assessment or some other fee that was paid. Schwarzhoff: Responded the term in lieu of assessment means the amount we would have as- sessed but instead of assessing they just paid it directly to the city. Noted she does not know if that is what specifically happened but that is how the term is used. Briggs: Asked what was the reason that drove the property owner to connect back in 2001. Wedel: Stated he does not have the information but would refer to the property owner to answer that. MOTION BY BURKART, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:47 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 10 02 17 City Council Meeting Minutes 4 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Gordon Erickson, 14071 Rolling Oaks Circle NE: Handed out copies of the 2001 documents containing a letter from the city with the fees, a letter responding to the city with a copy of the payment. Responded that Wedel captured his feelings accurately in the agenda report. Noted he paid $9,000 and all the other needed items including a $6,000 acreage fee. Asked an ap- praiser for only a street and storm appraisal; the appraiser said no because they have to do the benefit from the entire project. Stated the city and the special assessment committee are the ones who decide where the money is applied to the various functions; there was a developer deferred assessment which was applied to the sewer and water. Stated if the project is not con- sidered as a whole, the city could take the money and put it wherever they want. Noted council members need to decide if honoring the 2001 agreement is the right thing to do. Added tonight Boyles noted Stemmer Ridge was not opened up because the residents did not want it opened until the road was finished and the city honored that. Asked the councilors to honor his payment in 2001. Briggs: Asked why Erickson wanted to connect in 2001. Erickson: Explained his wife was in a car accident resulting in injuries a pool would help allevi- ate; they had an inspection for pool installation and it failed. Added at that point they could either put in a mound system or hook up to the city; he did not think it paid to pay for a mound system installation only to hook up to city utilities sooner than later. MOTION BY MCGUIRE, SECOND BY BURKART TO CLOSE THE PUBLIC HEARING AT 7:54 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Burkart: Asked for Wedel’s thoughts on the resident comments and documentation. Wedel: Noted when we do an assessment, we have to prove the benefit of the changes to the property. Stated if the property owner were to appeal the assessment, councilors should con- sider if the changes would support that level. Thompson: Asked why the differed developer contribution was applied to the sewer and water. Schwarzhoff: Responded it was applied to sewer and water because that is what the developer would have had to install had this project not gone through; the developer would have never been required to install a road since they have access elsewhere. Added staff determined with the agreement of the special assessment committee that because the developer would only have had to install sewer and water, that is where the contribution should go. Stated for anyone DRAFT 10 02 17 City Council Meeting Minutes 5 to appeal the assessment, they must provide to the council before the end of the meeting an ob- jection in writing and signed. Noted we have received two from the Erickson’s and Stone’s then they have to make the appeal to the courts within 30 days. Monserud: Stated the differed assessment from the Trillium property was applied because that is how we were funding the potential lot split; meaning we would be able to pay that back per lot. Briggs: Noted it is appropriate that this was done around the sewer and water and not a discre- tionary choice since this project has required a good deal of collaboration and communication that spans over four years. Added Prior Lake tax payers are paying $790,000; as we modify as- sessments there are no additional funds that come from any other source other than the Prior Lake tax payers. McGuire: Agreed; how much more can we put on the tax payers for this project. Noted Erickson would have had to replace the septic system anyway so he does not want to put more on the tax payers. Thompson: Agreed with a person sticking to your word and respecting an agreement. Stated the residents of Rolling Oaks Circle are getting city sewer and water by tax payers money; Er- ickson would not have known sewer and water would have been free back in 2001. Added eve- ryone on this street is getting taxed for the street. Braid: Stated he is struggling with this one as these are large assessments. Explained Erick- son’s presented paperwork shows that he paid $9,000 on top of connection fees totaling $18,205, if you add that to his current assessment it comes to $45,105 compared to the current fee of $33,449 that his neighbors are paying for the street and connection fees; he believes it should be the same. Burkart: Stated there is gray area here and he is concerned that in the event of an appeal this letter from 2001 in front of a judge is dead on arrival. Noted he believes the money was allo- cated properly but agreed with Erickson that there may be a potential thought that this was placed to the detriment to a property owner. Asked if we could split the difference with the prop- erty owner agreeing not to appeal. Schwarzhoff: Responded yes, we can but we need to vote on the assessment roll tonight to move on with this project; you could adopt the assessment with direction to have a reduced amount. McGuire: Stated Burkart’s suggestion is a good idea; call up Erickson to see if he is willing to split it. Briggs: Noted he would like to move forward on this this evening; suggested a waiver on the appeal and invited Erickson to speak. Erickson: Stated he did not plan on negotiations tonight but he is open to it. Added the reason he appealed was to keep their options open but he is not willing to discuss tonight nor provide a waiver tonight. McGuire: Asked if two weeks would be allowed. Schwarzhoff: Responded Wedel is nodding yes. McGuire: Asked for only this item to remain open. Schwarzhoff: Replied that could be done but she has not seen an assessment role adopted in parts by approving everything but one assessment. Briggs: Appreciated the option Schwarzhoff has offered but if we have the option to adopt nine out of ten assessment rolls it is intriguing. DRAFT 10 02 17 City Council Meeting Minutes 6 Burkart: Requested to adopt the assessment roll with the adjustment of the property 14071 de- creasing that by $4,500 subject to the owner waiving their right to appeal. Schwarzhoff: Stated the theory is to adopt the assessment roll as is and reserving your right to decreases that assessment at a later date. Added another option is to adopt it as is subject to negotiations between staff and Erickson with an agreement to be brought back to council in two weeks. Briggs: Asked if it is possible for council to approve the assessment roll and provide $9,000 in reduction to property 14071 condition on a receipt of waiver in four weeks, if the waiver is not received council has the opportunity to revisit this item. Schwarzhoff: Suggested against that options since you are adopting the assessment and in theory increasing it at a later date is not a good risk. McGuire: Noted he is open to adopting the nine and holding the tenth for two weeks or holding them all over for two weeks so the meeting can carry on. Thompson: Asked what is the harm of holding this over for two weeks. Wedel: Responded the city can hold it over but we like to allow 30 days before the assessment roll is filed with the county which needs to happen by the end of November. Schwarzhoff: Stated the cleanest and easiest option would be to just hold over the entire as- sessment role which pushes all of the interest dates off 15 days. Burkart: Asked if council approves everything as is, could it be adjusted later should we reach an agreement with the waive of the right to appeal. Schwarzhoff: Responded yes that could be done at a later date; you can reduce at a later date. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE RESOLUTION 17-157 ADOPTING THE ASSESSMENT ROLL FOR THE ROLLING OAKS CIRCLE IMPROVEMENT PROJECT (PROJECT #TRN13-000006) Braid: Directed staff to work with the owner of the property to work out something that is fair. Thompson: Stated she is not comfortable with this because she feels like this puts Erickson on the defense and the city on the offence. Briggs: Added he is not comfortable with this because we are so close to finalizing it and would like to bring this to a close tonight. Invited Erickson to speak. Erickson: Stated $4,500 is not acceptable and he would only accept $7,000-$7,500 in ex- change for retracting his appeal. VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☒ ☐ ☒ ☐ Nay ☒ ☐ ☒ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion failed. MOTION BY BRIGGS, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-157 ADOPTING THE ASSESSMENT ROLL FOR THE ROLLING OAKS CIRCLE IMPROVEMENT PROJECT (PROJECT #TRN13-000006) WITH THE EXCEPTION OF PROPERTY LOCATED DRAFT 10 02 17 City Council Meeting Minutes 7 AT 14071 ROLLING OAKS CIRCLE APPROVED WITH A $7,500 REDUCTION IN EXCHANGE FOR A WITHDRAWL OF APPEAL AND A SIGNED WAIVER OF APPEAL VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS No New Business Scheduled ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda COUNCILMEMBER LIAISON UPDATES Thompson: Mentioned a month ago we were in dire search of volunteers for our advisory com- mittees; there were several people who put some work into gaining applicants and we received ten applicants and have been assigned to a committee. Thanked everyone who applied and inter- viewed. McGuire: Passed out a save the date for the VFW Senior Luncheon on Monday, December 11, 2017 at noon for $4.00 for residents of Prior lake and the entire school district. Briggs: Thanked Olson for her efforts on the Candy Crawl which gives Prior Lake a small-town feel. Shared that there was a great ladies’ night in which he stood on the corner of CR21 and Main Street to make sure everyone could cross safety. Added on Saturday he was invited to a welcome dinner into a mosque and was gifted a lap desk made out of Himalayan cedar; it was a very welcoming experience remind him that we are one big community in Prior Lake. Noted the city provided letters of support to Viva Musica which is a charitable organization who has applied for a grant to bring music to our parks in 2018. Noted October is Breast Cancer Awareness month; this is a disease that takes a lot of loved ones from us pre-maturely and it is also Sudden Cardiac Arrest month reminding us to protect and care for our hearts. Braid: Council members attended a SCALE fire training at the training facility; he has a new re- spect and admiration to the fire department. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A TH13/CR21 Intersection Project Status Report Wedel: Stated there will be another open house Tuesday, October 10, 2017 to gain more infor- mation on the alternatives; later in October we will be having a work session regarding the local impact and on November 6, 2017 we will start making decisions on the alternatives at the City Council meeting. Reminded people to go to the website www.movingforward13-21.com which has surveys available. DRAFT 10 02 17 City Council Meeting Minutes 8 Briggs: Requested county representation during these discussions. 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 8:33 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager