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HomeMy WebLinkAbout4A 05 07 2018 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES May 07, 2018 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/City Engineer Wedel, Assistant City Engineer Monserud, Water Resources Engineer Young and Executive Assistant Schroeder. PUBLIC FORUM Mayor Briggs reviewed the process for the public forum and explained that items scheduled 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. Kim Churchill, 16209 Evanston Ave SE: Noted she is a member of the Local Advisory Commit- tee on Mental Health. Stated this month is Mental Health Month and updated the council on re- cent issues they are working on. Explained they wrote a letter of support for the Scott County’s ordinance regarding nuisance and hoarding; the county now has its own mobile crisis team which will save costs in the long run; working on getting a crises center in Savage. APPROVAL OF AGENDA MOTION BY BRAID, SECOND BY THOMPSON 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 APRIL 16, 2018 REGULAR MEETING AS PRESENTED VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. DRAFT 05 07 2018 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 Resolution 18-059 Ratifying the 2018-2020 Collective Bargaining Agreement Between the City of Prior Lake and American Federation of State, County and Municipal Employees (AFSCME) 5C. Consider Approval of Resolution 18-060 Approving the Polling Location Change for Prior Lake Precinct #4 for the 2018 Primary and General Elections 5D. Consider Approval of January 2018 Treasurers Report 5E. Consider Approval of February 2018 Treasurers Report 5F. Consider Approval of Resolution 18-061 Authorizing the Purchase of Replacement Oil/Air Reels for the Maintenance Center Garage 5G. Consider Approval of a Resolution 18-062 Approving the Wetland Replacement Plan for the Parkhaven at Pike Lake Project 5H. Consider Approval of Resolution 18-063 Authorizing an Addition to the Approved Scope of Work for the Sand Point Beach Park Ponds Maintenance and Retrofit Project 5I. Consider Approval of Resolution 18-064 Approving the Gens Farm Addition Final Plat and Development Agreement 5J. Consider Approval of Ordinance 118-05 Amending Subsection 1101.400, Definitions, of the Prior Lake City Code Related to the Addition of Definitions and Resolution 18-065 Approving Summary of Said Ordinance to be Published 5K. Consider Approval of Resolution 18-066 Approving the Friendship Church Utility Devel- opment Agreement 5L. Consider Approval of Resolution 18-067 Establishing Procedures Related to Compli- ance with Reimbursement Bond Regulations under the Internal Revenue Code in Con- nection with the General Obligation Bonds, Series 2018A MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Prior Lake Floodplain Elevation Update Presentation Water Resources Engineer Young presented on this agenda report dated May 07, 2018. McGuire: Asked if the 906.9 is the freeboard. Young: Responded the base flood elevation is 906.9 which is the level determined in the flood study and the one-foot freeboard which is the 907.9. Clarified that no buildings would be allowed to be lower than that in Prior Lake along the lake. McGuire: Noted it makes him nervous since the lake was really close to the 906.9 in the past. DRAFT 05 07 2018 City Council Meeting Minutes 3 Young: Stated when looking at the numbers it does say we have never had a 100-year flood, it was more of a 60-year flood. Noted it does call into question but the study provides the model and suggest that if people would like to build higher they should, but this is applying the FEMA standard used nationwide. 6B Proclamation Declaring the Week of May 12-19, 2018 as Police Week in the City of Prior Lake Police Chief Elliott presented on this agenda report dated May 07, 2018. Briggs: Read the proclamation and presented it to Elliott. 6C Proclamation Declaring the Week of May 20-26, 2018 as Public Works Week in the City of Prior Lake Public Works Director/City Engineer Wedel presented on this agenda report dated May 07, 2018. Briggs: Read the proclamation and presented it to Wedel. PUBLIC HEARINGS 7A Public Hearing to Consider TJ Hooligan's Liquor License Violation Appeal Police Chief Elliott presented on this agenda report dated May 07, 2018. McGuire: Asked if they have had a violation in the last ten years. Elliott: Responded there was not an entry into the finance record going back nine years. MOTION BY BURKART, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 7:37 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Dave Carlson, 16731 Natalia Rd NE: Spoke on behalf of TJ Hooligans and the 40 employees. Stated it will be a hardship to close for six days as some employees live paycheck to paycheck. Explained they have been in business for 33 years and have only had 3 violations. Stated on this third violation the bartender did follow protocol by realizing the customer was a minor and asked for the ID but the part of the test she failed was the math. Noted all of their employees are trained; passed out the employee handbook which outlines the checking of IDs. Presented a photo of their point of sale system that states to check IDs. Explained the training program is through the MN Business Association with a training program online; passed out their ongoing training program. Stated 23 employees took the test for the 2017 license and 13 new hires have DRAFT 05 07 2018 City Council Meeting Minutes 4 taken the test throughout the year. Noted they keep all of their certificates from their training da- ting back to 2007. MOTION BY BURKART, SECOND BY BRAID TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked Schwarzhoff what consideration should the council discuss before the motion. Schwarzhoff: Stated the city code addresses this issue and the penalties are presumptive so the council may deviate in an any individual cause if you find there are substantial reasons mak- ing it appropriate to deviate. Suggested the code does note the license holder’s efforts in combi- nation with the state or city to prevent the sale of alcohol related products to minors. Requested that reasons are given for any such deviation. Proposed if the council gives staff the reasoning, it can be reduced to writing and provided to the license holder. Burkart: Suggested extenuating circumstances allow us, like any judge, to not invoke the maxi- mum penalties and revise the presumptive penalties. Explained the council does have rationale here since intentions of compliance are clear, training is in place, clerks were trained as this was a clerical error with the ID being checked with only an error in math. Recommended the council consider less than this maximum penalty. Noted having grown up in this community, Hooligan's was not a place you'd go if you were a minor that wanted to be served. Suggested council to be reasonable with this upstanding business member of our community and his employees and put this behind us. MOTION BY BURKART, SECOND BY MCGUIRE FOR A PENALTY OF $1,000 AND SUSPEN- SION TO 2 DAYS AT THE LICENSE HOLDERS CHOICE McGuire: Agreed with Burkart as it is a long-standing business and with only 3 violations in 30 plus years that is pretty commendable. Noted accidents sometimes happen and does have con- cerns for the employees as well as the owners if the restaurant is closed down for 6 days. Thompson: Asked if the entire establishment shuts down for the penalty period. Elliott: Responded that they cannot serve alcohol these days but can be open. Braid: Stated it looks like staff made a mistake and he is onboard with a reduction of the penalty at $1,000 but would also be onboard with a $2,000 penalty. Briggs: Stated he is struck by the training noting TJ Hooligans runs a tight ship; these are sig- nificant issues in our community. Stated the six days is harsh and he accepts Burkart’s motion as submitted and the remaining 4 days is in suspension if another occurrence happens in 12 months. DRAFT 05 07 2018 City Council Meeting Minutes 5 SUBSTITUTE MOTION BY BURKART, SECOND BY MCGUIRE FOR A PENALTY OF A $1,000 FINE; SUSPENSION OF TJ HOOLIGAN’S LIQUOR LICENSE FOR 2 DAYS SE- LECTED BY THE LICENSE HOLDER; AND DEFERRED SUSPENSION OF TJ HOOLIGAN’S LIQUOR LICENSE FOR AN ADDITIONAL 4 DAYS TO BE IMPOSED ONLY IF THERE IS AN- OTHER LIQUOR LICENSE VIOLATION AT TJ HOOLIGAN’S ON OR BEFORE NOVEMBER 22, 2018 BASED UPON THE FOLLOWING FINDINGS: • TJ Hooligans is a long standing restaurant in the City; • TJ Hooligans employs 40 employees who will be affected by any penalty imposed; • TJ Hooligans has had only 3 liquor license violations in 30 plus years of operation under the current ownership; • TJ Hooligans has a pre-existing training program in place to prevent the sale of alcohol to minors; and • The violation was due to an employee mistake, not a systematic failure. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7B Public Hearing to Consider Approval of a Resolution Approving the Vacation of a Por- tion of Right of Way Located Adjacent to Outlot C and D, Trillium Cove Planner Matzke presented on this agenda report dated May 07, 2018. Briggs: Asked if council would want to proactively vacate without a request. Matzke: Responded these generally come from applicants themselves with holding a public hearing, staff would notify the public to come into a hearing. Schwarzhoff: Added we could propose such a vacation; we do not generally since it does not make much difference to the city. MOTION BY BRAID, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 8:02 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 8:03 P.M. DRAFT 05 07 2018 City Council Meeting Minutes 6 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Braid: Noted his support of this item. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-068 APPROV- ING THE VACATION OF A PORTION OF RIGHT OF WAY LOCATED ADJACENT TO OUTLOT C AND D, TRILLIUM COVE VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Authorizing Staff to Complete Construction Plans for the Boudin Street/Th13 Signal Improvements and Obtain A Quote from Scott County to Include the Construction with the Csah42 Improvements Public Works Director/City Engineer Wedel presented on this agenda report dated May 07, 2018. Burkart: Asked if there is an impact coming from the Target side with a short turn lane. Asked is it going to back up traffic on the east side. Wedel: Responded we would implement the same changes on the Savage side as the legs of the intersection have to mirror each other; Savage is benefiting from our improvement. Burkart: Asked if the short turn lane on the Target side matters. Wedel: Noted he believes the turn lanes are similar and the programmer would make sure the intersection would function properly. Burkart: Questioned how important is that we do this. Wedel: Responded having personally been through that intersection during peak time, the cars are stacking up on the frontage roads; MnDOT would rate that is a service F which is a failing service. Noted he thinks it is highly important. McGuire: Stated the former council made this issue with their inaction to do something with Commerce so this should be thought about. Braid: Asked if this is it a green arrow going in and a flashing yellow arrow. Wedel: Noted there is an option for a dedicated arrow and there will be a flashing yellow arrow. Braid: Questioned the timeline. DRAFT 05 07 2018 City Council Meeting Minutes 7 Wedel: Stated the city has run their first draft through MnDOT which will be wrapped up in the first week and then submit to the county contractor. Noted the computer part of the signal is pro- vided by MnDOT who delivers, and the county contract installs it which is out of our control. Stated if we move forward quickly, this could be up and running by the end of June. Braid: Stated he does see that this needs to be done as a frequent user of this intersection. Noted while this is a $60,000 cost on a $9 million project so he is in favor of doing the project right the first time. Added this will benefit the residents, visitors, business and county as well. Briggs: Thanked the council for doing something proactive as these vehicles have to go some- where. MOTION BY BRAID, SECOND BY BURKART TO APPROVE RESOLUTION 18-069 AUTHORIZ- ING STAFF TO COMPLETE CONSTRUCTION PLANS FOR THE BOUDIN STREET/TH13 SIG- NAL IMPROVEMENTS AND OBTAIN A QUOTE FROM SCOTT COUNTY TO INCLUDE THE CONSTRUCTION WITH THE CSAH42 IMPROVEMENTS VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Selection of a Vendor for Replacement of the City's Water Meter AMRS System and Authorizing the Negotiation of a Contract Therefore Public Works Director/City Engineer Wedel presented on this agenda report dated May 07, 2018. Braid: Noted we have had these for 16 years and now we are finally replacing the water meters; he agrees we need a change and replacing every water meter every 16 years is not financially feasible. Asked what the life expectancy of a water meter. Wedel: Responded the meter themselves should last 40-50 years but the MTU part that sends out the radio signal would be the industry standard of 20 years. Burkart: Stated in 20 years there has not been large changes in the industry as far as trans- mitions. Wedel: Noted we asked for a topography study to have all meters read by the number of DCUs needed. Stated he does not believe we will need 20 but it may be 12-13 which will be part of the negotiations. Stated Ferguson has a drive by option to read meters that are not being read by the DCUs which is something Aclara has not been able to provide. Briggs: Asked what Savage and adjacent municipalities use and is there a DCU they have that could pick up 15% of the Prior Lake households. Wedel: Stated Savage just implemented their new system utilizing a vendor that was not on our list; in theory you could have had a redundancy but only about one or two on the shared border area. DRAFT 05 07 2018 City Council Meeting Minutes 8 Briggs: Stated there is a cost of $300,000 that has $190,000 in budget that is meter replace- ment and may drop another $40,000 putting us at $150,000 short. Questioned what are Wedel’s thoughts to covering that shortfall. Wedel: Explained this project is going to take a while to implement so this will not be just a 2018 cost, it will go into 2019 costs. Stated if we do not do a street reconstruction project in 2019, our water fund would have additional funds to offset that additional cost. Braid: Stated with the $190,000 replacement it would be budgeted in next year as well but it is something for council to consider of pushing the CR21/TH13 project back. Thompson: Asked if there was also a cost saving from $177,000 that we feel we are losing an- nually from the bad readings due to old meters. Wedel: Responded correct, based on half of the cities being in that older age range and the un- der reporting. Noted he cannot guarantee those savings but the $190,000 savings is a for sure thing. Thompson: Noted she liked the idea of using a local vendor and that they use their own em- ployees instead of a contractor allowing for more responsibility. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE RESOLUTION 18-070 SELEC- TION OF A VENDOR FOR REPLACEMENT OF THE CITY'S WATER METER AMRS SYSTEM AND AUTHORIZING THE NEGOTIATION OF A CONTRACT THEREFORE VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution to Retain WSB for Enhanced Public Improvement Project Communications and Community Engagement and Authorizing the Mayor and City Manager to Execute the Same City Manager Boyles presented on this agenda report dated May 07, 2018. Briggs: Stated it is no secret that there is a new floor with the expectations from citizens for communication with their city. Noted $22,000 is a lot of money but it uniquely gives us what is best in communication; there is no one stop shop yet for all the different legs of communication about different projects. Believed this will give us an opportunity to see what can be done for communication come 2019 or the year after for the TH13/CR21 project. Suggested something we want to take up with SCALE to elevate this much broader. Thompson: Noted this is a trial run and we will not be doing this in the future. Briggs: Responded this project has a beginning and an end; we have a consultant to do this giving us what the open market can do and we will be watching what is being done and get feedback for what can be done. DRAFT 05 07 2018 City Council Meeting Minutes 9 Thompson: Stated she agrees it is an important project effecting a lot of businesses but she does not want to see the city getting into a habit of hiring consultants to do communications. Be- lieved we have stepped up our communication recently and does not want to spend the money on this project. Braid: Agreed this it is a chunk of money and starting a consultant to see if this is necessary is cheaper than hiring staff to complete this task. Noted since we moved this project up to 2018 the business did not have a lot of runway to prepare themselves for it so we need to do what we can to insulate the impact. Stated he does not think that should come at the cost of a business owner who have everything at stake. Stated if we can learn some best practices to use in the future, it will probably be money well spend but he cannot say he will support this in the future but this is a big project. McGuire: Stated he is reluctant due to the money but he will probably support it because it is a good test and it is better than hiring an employee to complete the task only to find out in six months it was not needed. Burkart: Noted regardless of if we do this or not, will there still be the traditional large pre-con- struction signs telling people what is coming, during construction with there be detour signs? Boyles: Responded there are traffic code requirements for signage and we have talked about using private businesses electronic signs as well. Burkart: Asked if the city will still have articles and send notices. Boyles: Answered yes, the standard publications will continue to be used. Added the last stage in this project is a metrics stage to determine what should be focused on regarding effective communication. Burkart: Questioned if we did not engage in this consultant agreement would we still have no- tices on social media and the cable channel, would we have staff bandwidth for that? Boyles: Responded yes but the staff cannot keep up with the speed as we are nearing our ca- pacity regarding communication. Added this is a professional communication team we would like to learn from. Burkart: Spoke against the agenda item; it can be rationalized and several on the council are passionate about communication but the few that are touched by these enhanced communica- tion efforts will love it. Explained if we poll our community and asked them if they like the idea, they would say yes then I would ask them if they would pay $22,000 for it and I believe their an- swer would be no. Noted the budget is driven by FTEs and we are being tee’d up to add staff and a communication person is not what he would add. Stated the construction signs and elec- tronic messaging will carry 95% of our messaging. Briggs: Noted Burkart’s points are well stated and he can assure you no such trojan horse as far as teeing up for another communication employee. Stated there are so many resources in our community for communication and if we can learn how a bar can be set around projects it will provide us with an opportunity to learn on making decisions on current staff time on commu- nication. MOTION BY BRIGGS, SECOND BY BRAID TO APPROVE RESOLUTION 18-071 TO RETAIN WSB FOR ENHANCED PUBLIC IMPROVEMENT PROJECT COMMUNICATIONS AND COM- MUNITY ENGAGEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXE- CUTE THE SAME DRAFT 05 07 2018 City Council Meeting Minutes 10 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☐ ☒ Nay ☐ ☐ ☒ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY BURKART, SECOND BY MCGUIRE DIRECTING STAFF TO RESEARCH THE REASONING FROM MNDOT FOR TH 13 ROADWAY SPEED CHANGES 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 Briggs: Noted the Club Prior 10th Anniversary celebration on May 17, 2018. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A Street Project Update - Public Works Director/City Engineer Wedel provided an update. ADJOURNMENT With no further business brought before the Council, a motion was made by Burkart and se- conded by Braid to adjourn. The motion carried and the meeting adjourned at 9:01 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager