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HomeMy WebLinkAbout4A 07 16 2018 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES July 16, 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, Planner Matzke 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. Dennis Rissler, 5434 Deerfield Circle SE: Stated he plays pickleball and teaches pickleball in Prior Lake. Noted there are not enough courts in Prior Lake and the courts are currently in bad shape. Stated in other cities you see all ages playing and he wants to teach the younger genera- tion how to play but there are not enough courts. John Girtman, 5417 Brooks Circle SE: Noted he is here on behalf of the pickleball club; there is a huge need for more pickleball courts in Prior Lake and more specifically eight additional courts. Listed area cities who all have courts and cities who are building courts. Commented when the city took soil samples it left two holes on the courts. Concluded the current courts need to be maintained and waiting two years to be included with the Parks Master Plan is too long. Paul Evenson, 17266 Toronto Ave SE: Stated the advertisement for bids was put in the paper Saturday noting the bids were available at city hall for inspection but when he asked city hall did not have the bids. Believed the city advertised a project for a bid that has not been authorized for bidding. Asked if you bend the rules with this, where else do you bend the rules? Stated he is un- aware of the guidelines that were needed for the council to decide on deciding on the Parks Mas- ter Plan. Questioned the annexation plan process on the agenda. Curt Hennes, 17286 Sunset Trail SW: Congratulated Boyles on his retirement and thanked him for his support with the Prior Lake Spring Lake Watershed. Suggested the city to search internally for a city manager replacement. Noted he sees there is a good demand for pickleball and as a for- mer tennis player it would be a good idea to restructure the current tennis courts into pickleball courts. Jodi Sil, 2949 Spring Lake Road: Noted she frequently rides bike in town and is happy trails are being added but the city is not maintaining the current trails as there are big holes, crumbling as- phalt and poor conditions. Suggested someone ride the trails to see the failing conditions. Asked council to fix the trails that we have instead of adding more trails. Noted she saw a woman get hit at the intersection of TH13/CR12 (170th Street) and it is a dangerous intersection; she is aware the highway is reconfigured next year but asked if there is a way to slow it down in the meantime. DRAFT 07 16 2018 City Council Meeting Minutes 2 William Shepard, 17070 Stonebriar Circle: Stated his deck faces the TH13/CR12 (170th Street) intersection and he constantly sees the accidents and hears the car horns from near accidents. Explained he has witnessed three horrible accidents and something is needed to control this inter- section now. Eileen Bjornson 4160 Pleasant Street SE: Stated for about six months her yard is covered in cotton from the cotton wood trees across the street. Explained this causes allergy issues for some neighbors and it is a fire hazard because the cotton covers all areas around their house; resale value will be down because of the trees and they cannot entertain outside due to the cotton. Dave Beer, 4439 Coachman Lane: Spoke on behalf of the Scott County Commissioners regard- ing TH13/CR12 (170th Street) and read the current Facebook post regarding this: “At the Trunk Highway (TH) 13 and County Highway (CH) 12 (170th Street) intersection in Prior Lake -- which has caused understandable concern -- travelers will soon see additional roadway warning signs installed to better alert drivers waiting to turn from 170th Street and for southbound TH 13 drivers to watch for vehicles entering traffic. Scott County, the City of Prior Lake, and MnDOT are working together on the design for the installation of a traffic signal at the inter...sec- tion of TH13 and CH12 (170th Street) that will be functional in early 2019. The traffic signal will also be part of a pavement project on TH13 that extends through this intersection, and will include pedestrian amenities for safe crossing of TH13. In the meantime, we’re asking motorists to heed the enhanced signing and pavement markings – they should help traffic flow, but more im- portantly, preserve public safety.” Mike Rothmeyer, 6340 850th Street: Agreed the cottonwood trees are an issue. Talked about the yellow flashing lights at an intersection by his home and believed recent crashes were caused by the flashing yellow arrow. Noted his holiday decorations have made a difference for those around him and requested a GoFundMe account to be set up for downtown holiday lights and encour- aged businesses to decorate with more lights this holiday season. Sarah Watters, 15065 Greenoaks Trail: Noted she is the chair of the Citizen Engagement Com- mittee and she participated in the Parks Master Plan development. Added it is important that eve- ryone needs to realize there are different needs throughout the city. Explained ten years ago no one in her neighborhood used the parks nearby and now there is a turnover in the neighborhood and there is more usage at the parks; expressed the need for a complete evaluation of the parks in town. Impressed by the city employees who read through the proposals with such care. Shared concerns of the TH13/CR12 (170th Street) intersection. Briggs: Requested staff to answers questions from the public forum. Wedel: Stated it was noted in the agenda report that the advertisement for bids went out early be- cause the project must be fast tracked to be completed this year. The staff is not bending any rules. Added if the council does not move forward with the project, staff would pull future ads. Boyles: Responded the Parks Master Plan was presented at a June city council meeting where the council requested more information to be provided and staff requested updated proposals which have now been brought back. Explained with the preliminary plat being approved before the land is within the city, you will note earlier in the agenda there are a number of public hearings; one of which is for the 20 acres of property being referred to. Added if council takes favorable ac- tion then council will proceed to approving the preliminary plat; if not, staff would pull the agenda item. Briggs: Requested Wedel to comment on the pickleball and trail system comments and ques- tions. DRAFT 07 16 2018 City Council Meeting Minutes 3 Wedel: Agreed the surface of the tennis court is not in great shape but we want to be good stew- ards of the city dollar and staff does not want to spend money fixing a court that potentially may not be there a year from now. Added staff could present a minor resurfacing for the courts. Briggs: Asked what actions have been taken for the TH13/CR12 (170th Street) intersection. Wedel: Noted they have been coordinating with the county and MnDOT on this project. Additional signage is going up this week, the county will be painting a stop bar before you get up on TH13 on CR12. Noted with the flashing yellow arrows it is the driver’s responsibility to ensure they can go; there is an option to remove the flashing yellow arrow during rush hour traffic. Added regarding the flashing yellow light comment, the driver needs to determine if a clean turn can be made on a flashing yellow light. Stated during peak hours of the day the flashing yellow arrow can be elimi- nated. Briggs: Asked for other comments. Boyles: Stated regarding the trail system it is difficult to support everything the city has plus build new so the council will need to discuss. Thompson: Asked for the discussion of the cottonwood trees. Schwarzhoff: Suggested council should direct staff to follow up on the cottonwood trees. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY BURKART 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 JUNE 18, 2018 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. 5A. Consider Approval of Claims Listing 5B. Consider Approval of Building Permit Summary Report 5C. Consider Approval of Animal Control Services Report DRAFT 07 16 2018 City Council Meeting Minutes 4 5D. Consider Approval of the May 2018 Treasure’s Report 5E. Consider Approval of Police Department Report 5F. Consider Approval of Resolution 18-096 Approving Off-Site Gambling for the Prior Lake- Savage Optimist Club 5G. Consider Approval of Resolution 18-097 from the City Council Bylaw and Compensation Committee Amending the Bylaws 5H. Consider Approval of Resolution 18-098 Approving the Trillium Cove Second Addition Final Plat and Development Agreement 5I. Consider Approval of Resolution 18-099 Authorizing the Mayor and City Manager to Ex- ecute a Standard Small Wireless Facility Collocation Agreement with Verizon and Ap- proval of Ordinance 118-09 Amending the Fee Schedule by Establishing a Small Cell Application Fee 5J. Consider Approval of Resolution 18-100 Approving a Temporary On-Sale Liquor Li- cense for the Prior Lake VFW 5K. Consider Approval of Resolution 18-101 Appointing Election Judges for August 14, 2018 Primary and November 6, 2018 General Elections 5L. Consider Approval of Resolution 18-102 Accepting Grants and Donations during the First Quarter of 2018 5M. Consider Approval of Resolution 18-103 Approving the Wetland Replacement Plan for the Majestic Development Project MOTION BY BURKART, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Burkart: Thanked the Shakopee Mdewakanton Sioux Community for their donation, the Bakken Family WRC Foundation, Southwest Metro Drug Task Force, Prior Lake-Savage Optimist Club, Prior Lake Area Chamber of Commerce, and Vladimir Drakh for their donations in relation to agenda item 5L. Questioned if the error listed on the agenda item 5E has been corrected. Boyles: Replied that the +17 has been updated to a -17 on the 5E agenda report and was sent out via dropbox to council before the meeting. Briggs: Thanked the Bylaws Committee for their work on agenda item 5G; echoed the appreci- ation to those who donated for agenda item 5L. PRESENTATIONS No Presentations Scheduled PUBLIC HEARINGS 7A Public Hearing to Consider Approval of a Resolution Approving an On-Sale Intoxicat- ing and Sunday On-Sale Liquor License for PLate LLC dba PLate City Manager Boyles presented on this agenda report dated July 16, 2018. DRAFT 07 16 2018 City Council Meeting Minutes 5 MOTION BY MCGUIRE, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:55 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No Members of the Public Spoke MOTION BY BURKART, SECOND BY BRAID TO CLOSE THE PUBLIC HEARING AT 7:56 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Braid: PLate will be a great addition downtown and it is exactly what our residents asked for. MOTION BY BRAID, SECOND BY THOMPSON TO APPROVE RESOLUTION 18-104 APPROV- ING AN ON-SALE INTOXICATING AND SUNDAY ON-SALE LIQUOR LICENSE FOR PLATE LLC DBA PLATE 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 Platted Right-Of-Way Adjacent to 15753 Highland Avenue NW Community Development Director McCabe presented on this agenda report dated July 16, 2018. Braid: Stated Prior Lake has a great track record with the county for reserving the right-of-way for projects. DRAFT 07 16 2018 City Council Meeting Minutes 6 MOTION BY BRAID, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 8:00 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. No Members of the Public Spoke MOTION BY BURKART, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 8:01 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 18-105 VACATING A PORTION OF PLATTED RIGHT-OF-WAY ADJACENT TO 15753 HIGHLAND AVENUE NW VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7C Public Hearing to Consider Approval of an Ordinance Annexing Approximately 20 Acres of Property in Section 12, Spring Lake Township Pursuant to Minnesota Statutes 414.033, Subd, 2 (3) and a Resolution Adopting the Summary of Ordinance and Ordering the Publication of Said Summary Planner Matzke presented on this agenda report dated July 16, 2018. MOTION BY BRAID, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 8:07 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ DRAFT 07 16 2018 City Council Meeting Minutes 7 Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Paul Evenson, 17266 Toronto Ave SE: Asked why the city is continually annexation property so we can build more and more houses; it looks like all the annexation is strictly for houses and he does not think that helps anyone other than the developer. Asked what current residents get out of it. Believed it will only add more traffic, more policing needs, increased fire needs, greater water and sewer needs and increases the school budget. Commented that if it was businesses, it would lower the tax base. Sherieda Beader, 5651 180th Street E: Noted she is a neighbor to the south of the property be- ing annexed. Stated she has significant concerns regarding the traffic dumping onto 180th Street and who will take care of the road maintenance. Asked that the road is not extended to 180th Street and requested berm and screening installed. Concerned that the development will cause a lot of water runover to her side of the road. Ken Hedberg, 6582 Harbor Beach NE: Noted he has stayed out of all city items after his ten- year tenure on city council but the current mayor and city manager reached out to him to speak on this issue. Stated the intent of state law requires urban development takes place in the con- text of the city and that cities have the authority and regulations to effectively manage urban de- velopment. Explained Boyles reminded him that 45 years ago Prior Lake was still a town and one square mile and not it is 18 square miles and we got there by various annexations. Stated the market is coming at Prior Lake and the long-term plans indicate it will be up to 35-45,000 people someday. Stated he supports the pursuit of this annexation and the town board staff has known for years the properties north of 180th Street would eventually become part of the city even through the books do not state this. Stated this is what growth is all about and to effec- tively manage urban development. Mary Evenson, 17662 Toronto Ave SE: Noted she moved to Prior Lake because it was a small town but now it is not anymore. Added developers like to build homes, the council likes to give variations to these developments then the police have to police more houses and more people, public works has to treat more roads and the developer takes their money and moves on. Believed schools are not built big enough to begin with and the increasing population is ig- nored. Noted even at city hall there is not enough parking and there are not enough businesses in Prior Lake. Stephanie Caroll, 2056 165th Street NW: Stated she is the CFO at Versatile Vehicles in the Deerfield business park which would be a neighbor to this property. Noted she drives on CR21 multiple times a day and Revere Way is a dangerous intersection; she participated in a petition to the county to push forward to have a light at that intersection. Stated with the annexation she sees an opportunity to put the light in. Supports the annexation to bring in economic growth in the city. Karen Stiles, 15510 Breezy Point Road: Noted she has lived in Prior Lake since 1974 and there have always been issues about growing too fast and if you do not live in an area where people want to live it is not good for the housing market. Agreed the schools have not caught up but the Prior Lake school district is the one to go to; the development before you are very important. Eric Speeler, 17797 Cleary Trail: Stated his house backs up to the property and he is ok with the development but wants it to be done the correct way. Noted he has seen it before not being DRAFT 07 16 2018 City Council Meeting Minutes 8 planned out properly and has experienced water drainage issues from poor planning and wants to make sure it is done properly. Noted he has two ways to get into his neighborhood with over 100 cars going past on a daily basis, we have a nature trail and community area where he has reached out to Keyland Homes requesting they join up. Requested all the development to be done at one time. Added concerns about the high speeds in the neighborhood but the assistant city engineer did a traffic study and 85% was traffic averaged at 34 mph or lower; berms and trees is a good idea; crime has been going up in the neighborhood. MOTION BY BRAID, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 8:32 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked staff to address berms, screening and accountability of the developer with con- cerns to water and drainage as well as road maintenance. Matzke: Noted these comments were brought forward on the Planning Commission and points will be brought up later on the agenda. Explained with annexation there is growth and traffic is- sues which results in the city looking into the infrastructure to envision planning for areas. Added there are long range plans that include annexation areas and potential gap fill areas; staff tries to anticipate future annexation. Stated there is a process for annexation and in this case a petition to annex was received from the property owners. Braid: Noted this has always been set up for infrastructure. Monserud: Responded that is correct. Braid: Asked if the city communicates with the school board on the development in Prior Lake. Matzke: Explained the city council and school board are in constant communication relating to growth in the city for the city and the school to budget and plan for future needs. Braid: Requested McCabe to comment on 2017 numbers regarding economic development. McCabe: Stated last year Prior Lake built about 230,000 square feet of new commercial/indus- trial development which is a big number for Prior Lake which is more commercial development than has happened in the last seven years combined. Added part of the reason we are hearing from commercial development is because Prior Lake is now getting in enough rooftops for that development to occur. Thompson: Stated the other details of drainage will be discussed later. McGuire: Noted the Annexation Task Force met with Spring Lake Township and they were aware this was going to be happening. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE ORDINANCE 118-10 AN- NEXING APPROXIMATELY 20 ACRES OF PROPERTY IN SECTION 12, SPRING LAKE DRAFT 07 16 2018 City Council Meeting Minutes 9 TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD, 2 (3) AND RESOLU- TION 18-106 ADOPTING THE SUMMARY OF ORDINANCE AND ORDERING THE PUBLICA- TION OF SAID SUMMARY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7D Public Hearing to Consider Approval of an Ordinance Annexing Approximately 9.35 Acres of Property in Section 7, Credit River Township Pursuant to Minnesota Statutes 414.033, Subd. 2 (3) and a Resolution Adopting the Summary of Ordinance and Ordering the Publication of Said Summary Community Development Director McCabe presented on this agenda report dated July 16, 2018. MOTION BY BRAID, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING AT 8:52 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Pat Brewer, 6127 170th Street E: Noted he lives east of the property being annexed. Stated there is not even a plan for the property other than a road being installed. Asked what the ad- vantage is with only a road and no plan. Noted he is not in favor of the annexation. Brent Lawrence, 8156 165th Street E: Noted he is a township supervisor. Explained that Credit River township realizes under MN law the board cannot stop the annexation and the township board requested that the city deny the annexation request. Added the township believes they can work with the city to address the road issues and further the city annexing the property with- out the township consent is ignoring the years of cooperation that our two communities have de- veloped and enjoyed in the goals of SCALE. Leroy Schommer, 7505 169th Street E: Noted he has been a supervisor for 18 years and is against the annexation for the same reason Lawrence presented. Explained there is a differ- ence between orderly annexation and annexation. Stated he was noticed by letter for this an- nexation with the note an additional 30 acers north would be annexed which is a kick in the teeth to the township since the city knows the township is in the process of incorporating. Ken Hedberg, 6582 Harbor Beach NE: Stated he was asked to speak by the mayor and city manager regarding the history of this item. Noted the plans go back over 15 years, in 2007 he DRAFT 07 16 2018 City Council Meeting Minutes 10 was part of the annexation task force and discussed annexation with the township for this acre- age. Stated at that time the property owners involved were open to the idea and some were en- thusiastic; the discussions did not move forward due to the Great Recession and the market was not ready for annexation; in the meantime, there has been a lot of commercial develop- ment. Understood that urban development should happen within the context of a municipal de- velopment governing urban development. Noted the market is now ready and property owners can petition to be annexed. Explained the reason the city started looking at this in the first place was the wellhead and to further extend the tax base. Noted there is a lot of history behind this and he is in support of this annexation. Patricia Owens, 15005 Manitou Road NE: Stated she owns property directly north of the pro- posed annexation; they agree with the annexation and would like to see it go through to find out what their options would be as well. Noted she approached Credit River Township a couple years ago and were shut down on what we could possibly do with the property; talked to Scott County and it was a dead-end but now with this notice they may have some options. Stated she supports this annexation. Stephanie Caroll, 2056 165th Street NW: Apologized she jumped the gun and spoke at the last public hearing; she is in favor of the annexation for the Deerfield Industrial Park and it is perfect for development and to put a light in the community. Noted her strong favor of this annexation. MOTION BY BURKART, SECOND BY BRAID TO CLOSE THE PUBLIC HEARING AT 9:06 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Briggs: Asked Braid and McGuire who are on the annexation task force. Braid: Requested clarification that this was initiated but he property owners. McCabe: Replied that is correct. Braid: Asked if this was not going to be annexed, when would Credit River Township become a city offering water and sewer? McCabe: Responded there is not a known timeline. McGuire: Questioned how far away the intersection is to extend sanitary sewer. Wedel: Stated it would be served by the City of Savage and their sewer is currently located off CR44 by the gravel pit. Braid: Noted the Credit River Township is great partners with the city and they have had great conversations. Explained if the city had a joint powers water and sewer agreement with the township it is funded on bond ratings and infrastructure costs would be subsidized by Prior Lake taxpayers and as a council member it is his job to ensure Prior Lake taxpayers receive the best deal. Noted there are legitimate safety concerns at the CR21/Revere intersection and this agreement does set the right-of-way for an intersection in the future. Stated wellhead protection DRAFT 07 16 2018 City Council Meeting Minutes 11 came up and understands the logic of it being regulated by the city so there are no contami- nated water issues. Concluded he is big on property rights and it is part of the fabric of the American dream that helps make this country great and markets should dictate these things, not government. McGuire: Stated he concurs with Braids comments; started with an open mind and in reading the staff report it is very thorough; you start with the right-of-way, wellhead protection, then to economic development which is important for the city and he believes it would be a number of years that Credit River can get the sewer and water out to where it is needed. Added he under- stands where the township is coming from but the wellhead and economic development and en- try to the city weights his side. Burkart: Thanked those who spoke on agenda items 7C and 7D; thanked Hedberg for the his- torical information. Stated growth is difficult to manage and we are fortunate to live in a country where land can be privately owned and the rights of the land owner are put on a pedestal. Noted there is a willing seller and a willing buyer who can develop it; the annexation is not ideal but it is very reasonable. Appreciated the comments made by those who spoke but at the end of the day a private owner of property should be able to sell their property as they wish; the city should not be putting in a moratorium to stop growth shutting down the land owner’s ability to sell land. Noted points were made about the land is going to sell but let’s do it properly. Briggs: Noted he holds the relationship with the township near and dear. Stated he spoke with the chair of the township and spoke about the orderly annexation approximately three months ago and at that meeting the chair noted this is not something the Credit River board would be in support of; he stated that would be the last they would hear from him from the City of Prior Lake and we agreed to disagree and walked off, then the land owner petition came forward. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE ORDINANCE 118-11 ANNEXING APPROXIMATELY 9.35 ACRES OF PROPERTY IN SECTION 7, CREDIT RIVER TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2 (3) AND A RESOLUTION 18-107 ADOPTING THE SUMMARY OF ORDINANCE AND ORDERING THE PUBLICATION OF SAID SUMMARY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY MCGUIRE, SECOND BY BURKART TO DIRECT STAFF TO MEET WITH CREDIT RIVER TOWNSHIP TO DISCUSS THE ADDITIONAL PROPERTY TO THE NORTH VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 07 16 2018 City Council Meeting Minutes 12 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution for the Issuance and Sale of $8,270,000 General Ob- ligation Bonds, Series 2018A Finance Director Erickson and Northland Securities, Inc. Representative Rusty Fifield re- sented on this agenda report dated July 16, 2018. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE RESOLUTION 18-108 FOR THE ISSUANCE AND SALE OF $8,270,000 GENERAL OBLIGATION BONDS, SERIES 2018A VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B Consider Approval of a Resolution Approving the Negotiated Settlement Value and Au- thorizing City Officials to Make Offers to Purchase Interests in Real Property at the Negoti- ated Value for the Duluth Avenue Intersection Improvement Project (City Project #TRN15- 000003) Public Works Director/City Engineer Wedel presented on this agenda report dated July 16, 2018. Burkart: Stated Wedel did the best he could in the timeframe. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-109 APPROV- ING THE NEGOTIATED SETTLEMENT VALUE AND AUTHORIZING CITY OFFICIALS TO MAKE OFFERS TO PURCHASE INTERESTS IN REAL PROPERTY AT THE NEGOTIATED VALUE FOR THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT (CITY PRO- JECT #TRN15-000003) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8C Consider Approval of Three Resolutions Relating to the Duluth Ave/TH13 Improvement Project: 1) Accepting Plans and Specifications and Authorizing Advertisement for Bids; 2) Authorizing City Officials to Execute an Agreement with MNDOT to Provide Payment from DRAFT 07 16 2018 City Council Meeting Minutes 13 the State to the City for Project Costs; and 3) Authorizing the Acquisition of the Traffic Sig- nal for the Duluth Avenue Intersection Improvement Project (City Project #TRN15-000003) Public Works Director/City Engineer Wedel presented on this agenda report dated July 16, 2018. Thompson: Asked when the project is going to start and finish. Wedel: Responded the bid opening is August 6, 2018. Requested a special city council meeting to be held on August 13, 2018 at 5:00 pm to award the bid. Braid: Stated this is important project and he is in favor of an extra meeting to keep this moving forward. MOTION BY THOMPSON, SECOND BY BURKART TO APPROVE THREE RESOLUTIONS RE- LATING TO THE DULUTH AVE/TH13 IMPROVEMENT PROJECT: 1) RESOLUTION 18-110 AC- CEPTING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS; 2) RESOLUTION 18-111 AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MNDOT TO PROVIDE PAYMENT FROM THE STATE TO THE CITY FOR PROJECT COSTS; AND 3) RESOLUTION 18-112 AUTHORIZING THE ACQUISITION OF THE TRAFFIC SIGNAL FOR THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT (CITY PRO- JECT #TRN15-000003) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8D Consider Approval of a Resolution Authorizing the Preparation of a Comprehensive Parks Master Plan and Authorizing the Mayor and City Manager to Execute the City’s Standardized Professional Services Agreement City Manager Boyles presented on this agenda report dated July 16, 2018. Braid: Stated this addresses the overall park usage and it is important to take a comprehensive view to make sure all needs are met. Briggs: Requested Thompson’s comments regarding notes from the CEC. Thompson: Noted they met with both firms and one of them seemed more in tune to what we were looking for in particular they planned on going to every single park and talk to anyone in the park; it was the least expensive bid. Briggs: Stated this was something that was discussed at our council retreat and council heard great comments over the year from residents. MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 18-113 AU- THORIZING THE PREPARATION OF A COMPREHENSIVE PARKS MASTER PLAN AND AU- THORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY’S STANDARDIZED PROFESSIONAL SERVICES AGREEMENT DRAFT 07 16 2018 City Council Meeting Minutes 14 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Resolution Accepting Bids and Authorizing the Execution of the City's Standard Construction Contract for the Reconstruction of the Fire Station #1 Parking Lot Public Works Director/City Engineer Wedel presented on this agenda report dated July 16, 2018. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-114 ACCEPT- ING BIDS AND AUTHORIZING THE EXECUTION OF THE CITY'S STANDARD CONSTRUC- TION CONTRACT FOR THE RECONSTRUCTION OF THE FIRE STATION #1 PARKING LOT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Approving a Preliminary Plat to be known as Meadows of Cleary Lake Planner Matzke and Assistant City Engineer Monserud presented on this agenda report dated July 16, 2018. Braid: Clarified this developer is responsible to capture the water runoff so the neighbors to the south will not have the runoff. Monserud: Responded correct the developer is responsible for all their runoff and they cannot adversely affect drainage through the property. Braid: Asked if staff looked at not connecting this to 180th Street. Monserud: Stated this was looked at but we look at connectivity in the city and this would be our only other connection to 180th Street from the city to the south. Braid: Asked if berm and tree planting can be included in the agreement. Matzke: Noted the city does advocate for those types of things; developers will try to do the best they can with the grading because their potential buyers also look for this in a development. Added there is a trail on the north side of 180th Street will be a further extended and will eventu- ally be connected to the Clearly Lake Regional Park. DRAFT 07 16 2018 City Council Meeting Minutes 15 Burkart: Asked in the future Prairie Way which goes east west, would potentially go down to 87? Monserud: Responded no this would loop to the properties to the east in the development. Burkart: Asked if there are going to be turn lanes exiting from 180th. Monserud: Stated there are no turn lanes proposed at this time. Burkart: Questioned why that would be a bad idea. Monserud: Stated typically when we add turn lanes it is a county road which are higher volume roads; 180th is a very low volume road so it would not be necessary to add turn lanes. Briggs: Asked if soil testing has been done to ensure there is not going to be water issues to the south. Monserud: Noted further soil testing will give us a better picture of what is going on. Braid: Encouraged staff and the developer to work together to minimize the impact. Briggs: Requested communication to the neighboring properties. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 18-115 AP- PROVING A PRELIMINARY PLAT TO BE KNOWN AS MEADOWS OF CLEARY LAKE 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: Stated Shockwaves hosted the Shriners Children’s Hospital with 29 children partici- pate to enjoy water skiing with more information available on their website. Briggs: Noted the Prior Lake Music Fest was this past weekend with over 15,000 music goers; 70% of the proceeds of that event make it back into our community. Noted the city manager’s retirement announcement last week; Boyles has done so much for the city and his leadership has been something that has been rock solid. Boyles: Thanked the mayor and council. Burkart: Noted he discussed a technology subcommittee with the city manager; asked when it is appropriate to put that together. Boyles: Responded he would like to give it more thought. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A Street Project Update - Public Works Director/City Engineer Wedel did not provide an update. DRAFT 07 16 2018 City Council Meeting Minutes 16 ADJOURNMENT With no further business brought before the Council, a motion was made by McGuire and se- conded by Thompson to adjourn. The motion carried and the meeting adjourned at 10:19 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager