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HomeMy WebLinkAbout4A 08 20 2018 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES AUGUST 20, 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, 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. No Members of the Public Spoke APPROVAL OF AGENDA MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE THE AGENDA WITH THE REMOVAL OF AGENDA ITEM 8B VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY BURKART TO APPROVE THE MINUTES OF THE AU- GUST 06, 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. DRAFT 08 20 2018 City Council Meeting Minutes 2 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 June 2018 Fire Department Report 5F. Consider Approval of July 2018 Fire Department Report 5G. Consider Approval of Resolution 18-125 Approving a Temporary On-Sale Intoxicating Liquor License for the Prior Lake VFW MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Presentation of the Woodland Hills Residential Concept Plan Located at the North- west Corner of the CH 21 / CH 42 Intersection Planner Matzke presented on this agenda report dated August 20, 2018. Steve Dombrovski, 18206 Revere Lake: Noted he is listed as the developer but is represent- ing the owner of the property. Complimented the staff on the report and understands when he looks at the ratios in regard to the commercial tax base and the future, Prior Lake has always been out of the range of the other two communities due to the size of the industrial park and the lake is a detriment because you do not have your typical corners to work around. Stated the property is unique as far as the elevation, wetlands and large oak trees. Explained the way the property is laid out, there is no access to the property based on the road changes and access will need to come through other owned properties. Understood the need to build commercial base but pointed out current developments present cross-shopping which is when people do not have to get into their cars to shop. Burkart: Asked Dombrovski if he did this development, where would you put commercial devel- opment? Noted the point is reasonable as he has seen properties that have difficult entries. Dombrovski: Stated a great piece of commercial property can change quickly due to medians. Suggested it may be better to focus a higher density commercial development on the Verling property. Braid: Asked for a clarification on Dombrovski’s cross-shopping comment. Dombrovski: Responded physical stores popularity will be back and there will be a desire to be closer to the buyers; hence why Amazon bought Whole Foods. Added when you give people the opportunity to have synergy with the ability to go across the street for food and shopping, they will choose that verses driving somewhere. Noted Franklin, TN has some very unique com- mercial and housing areas. Braid: Noted it is sought after for businesses to have visibility from the road. DRAFT 08 20 2018 City Council Meeting Minutes 3 Dombrovski: Stated the flat lands on the Verling property would give the city an opportunity to do a nice commercial development. Briggs: Noted two things that limit the project from going forward is access and the streets are laid out as private roads. Dombrovski: Stated there is a combo of city and private roads to take advantage of the topog- raphy. Briggs: Invited up Leek to speak. Mike Leek, Tribal Planning Manager with SMSC: Noted they are going through a comprehen- sive plan process which is a bit different since the SMSC not subject to the Metropolitan Plan- ning Act. Stated the area adjacent to this sight in the long run will be residential with some small commercial which leads to North Berns Road; they put a capital item in for a potential construc- tion of that roadway in 2019 which is going through the Business Council review process. Braid: Thanked Domvrovski coming in to talk and his investments in Prior Lake. Believed this should be a commercial property to increase the commercial tax base; location should be re- served for commercial development and does not support the presented concept. McGuire: Shared Braid’s concerns as the city does not have many intersections like this; reluc- tant to go along with turning it into residential. Thompson: Noted the city has recently dealt with issues involving private roads and it poses problems with the city for future maintenance. Stated she did not realize there was so much wa- ter on the property; she would like to see combined commercial residential development with commercial on the bottom and residential on the top of a building. Burkart: Concur with other councilors, nothing else to add. Briggs: Relative to the challenges in our comprehensive plan with holding to that as best we can and at this time suggested it is in the best interest of Prior Lake. PUBLIC HEARINGS 7A Public Hearing to Consider Approval of an Ordinance Annexing Approximately 13.86 Acres of Property located at 6010 170th Street in Credit River Township Pursuant to Min- nesota Statutes 414.033, Subd, 2 (3) and a Resolution Adopting the Summary of Ordi- nance and Ordering the Publication of Said Summary Community Development Director McCabe presented on this agenda report dated August 20, 2018. Thompson: Asked for an explanation for the TIF money means. McCabe: Stated upon future development of the Whitney parcel or Owens parcel, the city coun- cil would have the option to establish an economic development tax district; the money gener- ated from future development from those parcels would be increased and property taxes re- ceived by the city over and above what they currently are could be used to pay for road and other improvements in the area. MOTION BY MCGUIRE, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:40 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ DRAFT 08 20 2018 City Council Meeting Minutes 4 Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Chris Kostik, Credit River Township Board Chair: Stated Credit River Township is not in support of this annexation and recommends the council to decline the annexation. Explained the city stopped looking at this area for annexation around 2007; at that time, it was stated there is no sewer capacity. Noted the township knew they needed to support their area and started con- versations with Savage for service which was completed in 2011. Added in 2016 the owners of this property asked Prior Lake about annexation and they were told by the city there was no in- terest in annexing the property. Stated because of the long-standing relationship between the township and city they were surprised that all of a sudden, the capacity was there to serve this area. Added this will be the second property to be annexed away from the township and it costs the township. Noted the property owner stated she was disappointed by the township when they would not allow her to build a second home and a business. Explained Scott County is the zon- ing authority and it did not meet the zoning ordinance. Stated Prior Lake is the only city who has annexed property away from the township whereas other cities they border have not. Asked that if this ordinance is passed tonight, that a direction to staff should be made to not accept any fu- ture annexation requests from property owners. MOTION BY BRAID, SECOND BY MCGUIRE TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Braid: Asked when the Welcome Avenue area was constructed. McCabe: Responded per Director Wedel it was 2012. Braid: Stated it would make sense that it was after the 2007 conversation. Asked if it was possi- ble that the city would have said something about no annexation in that area since it was not part of the plan. McCabe: Replied yes that is an option. McGuire: Stated this is similar to what came up at the last council meeting; understands the township as there will be a number of years before sanitary sewer will reach the area. Noted the property owner contacted the city making it difficult to say no to the request; t elling staff not to take any more applications cannot be done; we could say do not solicit more properties, but we cannot decline hearing from a property owner. Braid: Stated the township is a great partner and they are valued. Noted it was brought up that we should have a yearly meeting with the townships in regard to planning to ensure the lines of communication are open. Added the property is in our wellhead protection and it is important for DRAFT 08 20 2018 City Council Meeting Minutes 5 that to be in city limits; regarding property rights it was a petition by the property owner, part of the American fabric is property ownership and he believed that the government’s role is serve the people and plan stability for the market with the market to dictate property owners. Burkart: Concur with McGuire and Braid’s comments with his comments being the same as the July 16, 2018 meeting minutes. Briggs: Noted he does support this request and a meeting request with Credit River Township had a delay which is not partner like for which he apologized. Stated we do not want the staff to be proactive with this activity but will listen to requests that come in. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE ORDINANCE 118-14 ANNEXING APPROXIMATELY 13.86 ACRES OF PROPERTY LOCATED AT 6010 170TH STREET IN CREDIT RIVER TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD, 2 (3) VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY BURKART, SECOND BY THOMPSON RESOLUTION 18-126 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. 7B Public Hearing to Consider Approval of an Ordinance Annexing Approximately 0.73 Acres of Property located at 3110 Maple Drive in Spring Lake Township Pursuant to Min- nesota Statutes 414.033, Subd, 2 (3) and a Resolution Adopting the Summary of Ordi- nance and Ordering the Publication of Said Summary Community Development Director McCabe presented on this agenda report dated August 20, 2018. Briggs: Questioned who is responsible for Maple Drive SW. Wedel: Responded to the east is city street and to the west is township; you have to drive down the township road to get to the city street portion; right now, there is a shared maintenance agreement with the township. Briggs: Asked if there is additional maintenance that will be required with the addition of the street that costs taxpayers money. DRAFT 08 20 2018 City Council Meeting Minutes 6 Wedel: Replied adding this little bit of road is minimal for us. Added the two years of taxes is the standard operating procedure that we have done but, in this case, it may not be appropriate. Stated the property owners are on their third septic system and really need to connect to city service. MOTION BY BURKART, SECOND BY THOMPSON TO OPEN THE PUBLIC HEARING AT 8:03 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐ ☐☐☐☐ Absent ☐ ☐☐☐☐ The motion carried. Tim Whitmore, 3110 Maple Drive: Stated they moved into this house in 1981 and it has been a great home. Thanked the city for their cooperation to move this forward. Added we are on our third septic system that has failed, there is an underground spring under our mound system. Concluded they are willing to pay all the associated costs. MOTION BY BRAID, SECOND BY THOMPSON TO CLOSE THE PUBLIC HEARING AT 8:06 P.M. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Abstain ☐ ☐☐☐☐ Absent ☐ ☐☐☐☐ The motion carried. Braid: Noted McGuire, Wedel, McCabe and himself met with Spring Lake Township who sup- ported this as the owners are in a tight spot. Noted this is worth a conversation with the town- ship for costs. Thompson: Added it is part of our small-town feel. MOTION BY BRAID, SECOND BY BURKART TO APPROVE ORDINANCE 118-15 ANNEXING APPROXIMATELY 0.73 ACRES OF PROPERTY LOCATED AT 3110 MAPLE DRIVE IN SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033, SUBD, 2 (3) AND RESO- LUTION 18-127 ADOPTING THE SUMMARY OF ORDINANCE AND ORDERING THE PUBLI- CATION OF SAID SUMMARY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ DRAFT 08 20 2018 City Council Meeting Minutes 7 Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A Consider Approval of a Resolution Rejecting Bids and Authorizing the Public Works Di- rector to Re-Advertise for Bids in 2019 for the Duluth Avenue Intersection Improvement Project (City Project #TRN15-000003) in 2019 Assistant City Engineer Monserud presented on this agenda report dated August 20, 2018. Braid: Asked if all of this information has been communicated to various business owners who may have concerns as far as the staging goes. Wedel: Responded after the bid opening we sent an email to all the businesses in the area; our communications consultant went door-to-door and met with all the businesses. Added today a letter was mailed and we are using the city’s social media. Briggs: Noted we have a communications agreement for this contract; asked Wedel to explain how that affects this project. Wedel: Stated we have used about 25% of the budget for the agreement thus far, now that the project is on hold the remaining 75% of that contract will be used next spring when construction begins. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 18-128 REJECTING BIDS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO RE-ADVERTISE FOR BIDS IN 2019 FOR THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT (CITY PRO- JECT #TRN15-000003) IN 2019 VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8B Consider Approval of a Report with Respect to the City Council Meeting Start Time Agenda item removed from the agenda. Removed from agenda so no action. NEW BUSINESS No New Business Scheduled ITEMS REMOVED FROM THE CONSENT AGENDA No Items Removed from the Consent Agenda DRAFT 08 20 2018 City Council Meeting Minutes 8 COUNCILMEMBER LIAISON UPDATES Burkart: Thanked that staff for their improvements to the entrance of Candy Cove which saved us a lot of money as initial bids were in the 5 to 6 figures. Noted the Minnesota Valley Transit Authority (MVTA) went through their budget process; the staff there did remarkable work looking at next year’s budget with adding almost $800,000 to the reserves. Thompson: Noted the Master Parks Plan citizen engagement steering committee is underway with the Citizen Engagement Committee’s involvement; we are looking for residents who want to serve on the steering committee. Briggs: Thanked the staff who lead us through a budget work session this evening; thanked the chairs Bryan Fleming, Sarah Watters, Kim Prchal and Dave Chromy who provided additional in- put. Stated the city council filing closed with three candidates who will be running. Congratulated the SMSC for the Wacipi this past weekend that was live streamed over the weekend; he per- sonally had a chance to see the richness of the culture. Stated we have advisory committee openings. 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 Thompson to adjourn. The motion carried and the meeting adjourned at 8:24 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager