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Home My WebLink About4A 11 20 2017 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 20, 2017 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors McGuire, Thompson 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, Project Engineer Monserud and Executive Assistant Schroeder. Councilor Burkart 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. No Members of the Public Spoke APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE AGENDA WITH THE REMOVAL OF AGENDA ITEM 9C TO BE BROUGHT BACK AT A FUTURE CITY COUNCIL MEETING 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 NO- VEMBER 06, 2017 REGULAR MEETING AS PRESENTED VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. Draft 11 20 17 City Council Meeting Minutes 2 CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. 5A. Consider Approval of Claims Listing 5B. Consider Approval of Police Department Report 5C. Consider Approval of Building Permit Summary Report 5D. Consider Approval of Animal Control Services Report 5E. Consider Approval of Fire Department Report 5F. Consider Approval of a Resolution 17-183 Authorizing the Acquisition of Property for the Rolling Oaks Circle Improvement Project 5G. Consider Approval of a Resolution 17-184 Authorizing the Deferral of Special Assess- ments for Veronica Pearson 5H. Consider Approval of a Resolution 17-185 Approving a Premise Permit for Lawful Gam- bling (Pull Tab License) for the Prior Lake - Savage Hockey Association 5I. Consider Approval of a Resolution 17-186 Approving the Sentencing to Service (STS) Joint Powers Agreement for 2018 and Authorizing the Mayor and City Manager to Exe- cute the Same 5J. Consider Approval of a Resolution 17-187 Authorizing the Mayor and City Manager to Enter into a Contract for Civil Legal Services with Hoff & Barry, P. A. and Appointing Sa- rah E. Schwarzhoff as Primary City Attorney 5K. Consider Approval of a Resolution 17-188 Approving the South West Metro Drug Task Force Joint Powers Agreement for 2018 and Authorizing the Mayor and City Manager to Execute the Same 5L. Consider Approval of a Resolutions Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the: 1. Franklin Trail Street Reconstruction Project, City Project #TRN18-000001 Reso- lution 17-189 2. Woodside/Huron Neighborhood Street Improvement Project, City Project #TRN18-000001 Resolution 17-190 5M. Consider Approval of a Resolution 17-191 17-1Waiving of Platting Requirements for Property Located at 14030 Rolling Oaks Circle NE 5N. Consider Approval of a Resolution 17-192 Approving a Revised Development Agree- ment Template 5O. Consider Approval of a Resolution 17-193 Accepting Bids and Authorizing the Execution of the City's Standard Construction contract for the Summit Preserve Booster Station Briggs: Stated in relation to agenda item 5J, it has been his pleasure sharing the dais with Schwarzhoff and looking forward to the continued work with her. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. Draft 11 20 17 City Council Meeting Minutes 3 PRESENTATIONS 6A Presentations to Retiring Commission and Committee Members Presented by City Manager Boyles presented on this agenda report dated November 20, 2017. Briggs: Presented a sailboat plaque to Linda Ringstad and Liz Weninger and thanked them for their nine years serving on an advisory committee. PUBLIC HEARINGS 7B Public Hearing to Consider Approval of a Resolution Adopting the Assessment Roll for Sarah Rademacher – PID 252740010 Condo Unit 120B for the Franklin Trail Road Im- provement Project #TRN17-000004 Public Works Director/City Engineer Jason Wedel presented on this agenda report dated November 20, 2017. MOTION BY THOMPSON, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:15 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. No members of the public spoke. MOTION BY BRAID, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 7:16 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-194 ADOPTING THE ASSESSMENT ROLL FOR SARAH RADEMACHER – PID 252740010 CONDO UNIT 120B FOR THE FRANKLIN TRAIL ROAD IMPROVEMENT PROJECT #TRN17-000004 Draft 11 20 17 City Council Meeting Minutes 4 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider Approval of a Resolution Revising the Lump Sum Pension Amount for Prior Lake Paid on Call Firefighter Effective January 1, 2018 Presented by City Manager Boyles presented on this agenda report dated November 20, 2017. Braid: Noted he attended a training at the Joint Training Facility in Jordan which has given him a new respect for everything firefighters do for their community. Added he understands how im- portant it is for the Fire Chief to train and retain firefighters. Stated he supports this. McGuire: Stated he supports this request. Briggs: Explained he also had the advantage of attending a training session and how the adrenaline has to surge when a firefighter’s pager goes off. Stated he sits on the board and un- derstands the active engagement of managing the funds and is in support of this resolution. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE RESOLUTION 17-195 REVIS- ING THE LUMP SUM PENSION AMOUNT FOR PRIOR LAKE PAID ON CALL FIREFIGHTER EFFECTIVE JANUARY 1, 2018 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. 9B Consider Approval of a Resolution Approving a Water Purchase and Facility Expan- sion Agreement Between the City of Prior Lake and the Shakopee Mdewakanton Sioux Community (SMSC) Public Works Director/City Engineer Jason Wedel, Finance Director Cathy Erickson and City Attorney Sarah Schwarzhoff presented on this agenda report dated November 20, 2017. Draft 11 20 17 City Council Meeting Minutes 5 Braid: Stated the city currently has an agreement with the SMSC to purchase 1.1 million gallons of water per day; with the new agreement it would go up to 2.2 million gallons of water but over- time could go down to 1.5 million gallons of water over time. Asked if the 1.5 million gallons of water is going to meet the future need of Prior Lake. Wedel: Responded it depends on a lot of different factors such as the density and how many housing units are filled out. Explained based on our current population the max day demand is about 5 million gallons of water per day which we can meet but in the year 2040 our max day demand is closer to 7 million gallons of water per day, so we would end up short based on our current projections. Added it could be more or less so that is why it is nice to have some flexibil- ity to see how our development shakes out long-term but we will need something. Braid: Stated in the agreement under the dispute resolution that it would go to arbitration and would follow the American Arbitration Associations Guide. Asked if this is a typical dispute reso- lution compared to neighboring cities who purchase water from another city. Schwarzhoff: Replied this is fairly standard. Explained there are two dispute resolution options before you go to court; one is mediation which is non-binding and the other is arbitration which is binding. Added you do not usually see arbitration because most parties come to a mutual agreement in mediation. Braid: Noted Wedel answered his question about W ell 6 which gets some complaints since it is untreated but the new plant does address those concerns. Thompson: Stated several of her questions were answered during the presentation. Noted she has read the contract twice and realized a lot of work went into this contract. Asked if there are any concerns with the water emergency portion in the agreement. Schwarzhoff: Responded it was intentionally vague since neither city staff nor SMSC staff can identify what would qualify as a water emergency but we wanted to leave it open to give the par- ties a chance to come together and figure out how to deal with it. McGuire: Stated he had some sticking points which have been answered by staff and the SMSC; he supports this agreement. Briggs: Commended the SMSC, noted tribal administrator Rudnicki is in the audience and rec- ognized many hours staff has put into this document. Stated the discussion of this agreement came earlier this year when council saw the huge capital investment which would need to be made. Added this provides us with a hedge and flexibility which hits on the financial beauty of this agreement. Stated the council is securing water for the City of Prior Lake effectively into the future. Stated if the need arises that we need additional water, we can purchase that without a large increase in debt. Noted this is was not easy nor ideal but this is a wonderful testament of the city’s relationship with the SMSC to provide water for our communities. Braid: Noted he thought a lot about this and supplying water is critical for a city and if the coun- cil does not enter into this agreement, we are subject to build our own plant estimated at $15 million which is 37% of our debt; that debt is not sit well with him. Added he has concerns with the DNR allowing us to drill our own facility in the future as they have set restrictions in other cit- ies. Noted this allows us to see if things are actually developed; fees will be paid by current and future residents; allows us to purchase water at our cost of production with rate caps; water is one of our most valuable resources and we need to work together. Thanked staff for their time and noted his support. Draft 11 20 17 City Council Meeting Minutes 6 MOTION BY BRAID, SECOND BY THOMPSON TO APPROVE RESOLUTION 17-196 AP- PROVING A WATER PURCHASE AND FACILITY EXPANSION AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ The motion carried. 9C Consider Approval of a Resolution Authorizing the Purchase of a New Fire Truck in 2017 to Avoid 2018 Price Increases of 3% to 5% ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda COUNCILMEMBER LIAISON UPDATES Braid: Noted he is the liaison for Technology Village Board of Directors. Noted Prior Lake’s Tech- nology Village and Scott County’s First Stop Shop held its first Fast-Track Challenge which is a shark tank style event which was a great success. Thanked those involved. Stated the winners were Ion Concert Media, Inc. in first place and ZIET, Inc. in second place. Thompson: Asked if Sycamore Trail will be completed before winter starts and asked for a gen- eral statement on other road projects. Monserud: Noted all pavement was finished today; curb and gutter will be completed next year but we are making things compliant with erosion control. Added Franklin Trail will be open No- vember 27, 2017; Rolling Oaks Circle’s utilities are almost complete and they will push through this week to lay the 1,000 feet of gravel. Briggs: Reminded everyone that today is the final day for voting of LevittAMP to bring music to our park. OTHER BUSINESS / COUNCILMEMBER REPORTS No Other Business / Councilmember Reports ADJOURNMENT 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 7:57 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☐ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ Draft 11 20 17 City Council Meeting Minutes 7 The motion carried. _______________________ Frank Boyles, City Manager