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HomeMy WebLinkAbout4A 09 04 2018 City Council Minutes1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 4, 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, Community Development Director McCabe, Public Works Director/City Engineer Wedel 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. Woody Spitzmueller, 4279 Grainwood Circle NE: Noted he has served on the Community Safety Advisory Committee for eight years and both Police Chiefs in that time period have stated that they are short staffed. Stated he would like to see additional police officers for future years. Briggs: Requested Boyles to speak regarding the additional officer comment. Boyles: Explained the council talked about the Capital Improvement Program at tonight’s work session which includes the budget which, as proposed, includes a 12-month police officer for 2019; this will be presented for approval to the council at the September 17, 2018 preliminary budget and tax levy approval meeting with the budget being represented for approval on Decem- ber 3, 2018. APPROVAL OF AGENDA MOTION BY THOMPSON, 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 BURKART, SECOND BY BRAID TO APPROVE THE MINUTES OF THE AUGUST 20, 2018 REGULAR MEETING AS PRESENTED VOTE Briggs McGuire Thompson Burkart Braid Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ DRAFT 09 04 2018 City Council Meeting Minutes 2 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 Resolution 18-129 Authorizing a Special Deer Hunt within the Cor- porate Limits of the City of Prior Lake 5C. Consider approval of Resolution 18-130 Approving a Final Plat and Development Agree- ment for Eagle Creek Commercial 2nd Addition 5D. Consider Approval of Resolution 18-131 Approving the Trillium Cove 3rd Addition Final Plat and Development Agreement and Resolution 18-132 Approving a Minor Amend- ment to the Trillium Cove Planned Unit Development Plan 5E. Consider Approval of Resolution 18-133 Authorizing the Mayor and City Manager to Ex- ecute an Amendment to The Communication Facilities Lease Agreement with Verizon For the Tower Street Water Tower Property 5F. Consider Adoption of Ordinance 118-16 and Approval of Updated Policies Relating to Solicitation and Liquor on City Property 5G. Consider Approval of Resolution Establishing the Pay Range for the City Manager Posi- tion, Approval of the City Manager Job Description, and Direction to Post the Position for Recruitment 5H. Consider Approval of Resolution 18-135 Accepting Quotes and Authorizing the Mayor and City Manager to Execute the City’s Standardized Construction Contract for the 2018 Trail Sealing Project 5I. Consider Approval of Resolution 18-136 Accepting Quotes and Authorizing the Mayor and City Manager to Execute the City’s Standardized Construction Contract for the Pur- chase and Installation of Carpet at Fire Station #1 5J. Consider Approval of Resolution 18-137 Approving a Temporary On-Sale Liquor Li- cense for Shepherd of the Lake Lutheran Church Thompson: Requested agenda item 5G to be removed for discussion since hiring a city man- ager is a significant action on the part of the city council. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF AGENDA ITEM 5G VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS No Presentations Scheduled DRAFT 09 04 2018 City Council Meeting Minutes 3 PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS 8A Consider Approval of a Resolution Authorizing City Engineer to Approve Construction Plans for TH13 Reclamation Project Public Works Director/City Engineer Wedel presented on this agenda report dated Septem- ber 04, 2018. Burkart: Asked if there was a discussion about continuing the trail from Anna Trail SE to Pleas- ant Street SE allowing people to get downtown. Wedel: Explained MnDOT will have a geofoam fill due to settlement issues for the TH13/CR21 project and would need to address a trail at the same time. Stated there will be about a 500-foot gap and he has already asked MnDOT to see what it would take to get that connection. Burkart: Asked if it is necessary to build a bridge over the culvert just south of Pleasant. Wedel: Responded he does not have specifics on the design for that; the CR21 project has the trails staying level with the road. Briggs: Believed MnDOT is going to widen the roadbed so a bridge may not be needed. Wedel: Agreed and noted he was working to make the same point. Briggs: Asked how the cost estimating comes in for MnDOT historically. Wedel: Stated MnDOT is using consultants to do the design which happens to be Bolten and Menk and use all the different projects they do throughout the year to do their cost estimating. Added a huge driver on the cost will be the timing of when the bids go out. Stated with the Du- luth/TH13 project that we tried to bid out late this year, contractors are already booked for the year and are not looking for work which drives up the cost; this project will go out in December and we anticipate good bids. Briggs: Asked if other councilors would agree with directing staff to complete the trial from Anna Trail SE to Pleasant Street SE. Thompson: Suggested Wedel is already in the process of doing that. Wedel: Stated he asked MnDOT if they could and it may be too late in the process but was worth asking. McGuire: Noted he is comfortable with what Wedel has done so far and if MnDOT can add it into the project that would be a great idea. Braid: Commented that he is comfortable with what Wedel has done; added the trail connection would be a big asset to the community. MOTION BY MCGUIRE, SECOND BY BRAID TO APPROVE RESOLUTION 18-138 AUTHORIZ- ING CITY ENGINEER TO APPROVE CONSTRUCTION PLANS FOR TH13 RECLAMATION PROJECT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ DRAFT 09 04 2018 City Council Meeting Minutes 4 Absent ☐ ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A Consider Approval of a Response to the Department of the Interior, Bureau of Indian Affairs (BIA) Regarding the Proposed Fee to Trust Application Known as Four Corners South City Manager Boyles presented on this agenda report dated September 4, 2018. Thompson: Asked how much land is owned by the Shakopee Mdewakanton Sioux Community (SMSC). Boyles: Noted the SMSC director of natural resources is in the audience. Briggs: Invited Albrecht to speak. Steve Albrecht, SMSC Director of Natural Resources: Stated there is about 4,200 acres the community owns and about half is in trust between the townships and the cities of Shakopee and Prior Lake. Thompson: Noted in years past there have been applications by the tribe that have been de- nied by the BIA. Schwarzhoff: Responded there has been denied applications but it has been a long time. Added all the applications in the last five years have been approved; one in 1998 was denied but it came back a couple times which finally resulted in an approval. Braid: Stated in times past the city has opposed fee to trust but after all is said and done the land still went into trust. Boyles: Added the city’s response is one of seven criteria that is considered by the BIA. Burkart: Stated regarding the competitive advantage of owning commercial property on trust land, did we every quantify that difference, is it an 8% or 10% swing in rent. Boyles: Responded no we have not. Braid: Noted these applications are federal issued and upheld by federal law overseen by the Department of the Interior and Bureau of Indian Affairs; the final decision happens at the federal level and not the local level. Added he understands the SMSC need to diversify their revenue; in representing the taxpayers of Prior Lake he does have concerns with commercial building space being built on trust land with no taxes being paid; the letter does state it could put the city at an economic disadvantage. Stated applications of this nature should maintain a fee in lieu of taxes, this fee would ensure consistent market rates and rents for the long-term benefit of all the com- munities however that is not our policy to ordain here at a local level. Explained the city and the SMSC have partnered on large projects such as the water treatment plant and in that spirit city and SMSC staff met to discuss the concerns as it relates to infrastructure, right-of-way, mobility and recognizing the investment the city has made into servicing water and sewer into this area with the developer fees that go along with the utilities. Added the SMSC did recognize that and agreed to pay the $245,000 in development fees; the consumption of developable land into trust in Prior Lake is almost over unless something dramatically changes. Concluded strong commu- nities often thrive on strong partnerships with one another finding a way to address each other’s concerns over the long-term working together to find solutions. Burkart: Asked Boyles to explain what the city is and is not doing with this. DRAFT 09 04 2018 City Council Meeting Minutes 5 Boyles: Responded that we have been asked by the BIA to provide four pieces of information: what are the city property taxes, are there assessments due, what are the services provided and what is the zoning. Stated the city is also offered the ability to comment on local impact which has been outlined with six points that we have reached an agreement on with mutual ad- vantage, what are our challenges and finally what our area of concern is. Thompson: Commented that every time the land goes from taxable to tax free or into trust, it is removing it from the city’s tax base which puts a burden on the non-tribal members; residents who pay real-estate taxes, provide facility/services to Scott County, City of Prior Lake, the school district and Prior Lake Spring Lake Watershed District; it is a burden on our taxpayers and she believed council should make comments. Added the SMSC can develop as much land as they desire, and does it have to be tax-free. Noted the City of Prior lake has worked really hard to attack businesses and build up our own tax base; the SMSC is the wealthiest tribe in America and I do not think they need more tax-free land. Boyles: Commented when this type of property goes into trust and it is developed by the SMSC they do pay for all services which are enjoyed by that land with the exception of police services which they do provide us with a significant annual sum of money generally related to the num- ber of calls to police. Stated it is out of our tax base but they are paying for the services in that area; when you think about county and state infrastructure it is tougher to figure out who is pay- ing for what. McGuire: Noted he agrees with everything that has been said but over the years we have fought and always lost; the last 20-25 years the city decided to work together with the SMSC. Added he does not disagree that it does not seem totally fair and there may be a flaw, but he supports this. Burkart: Supports the fee to trust applications; the SMSC meets the requirements of the Indian Reorganization Act of 1934 passed by our Congress and consistently found to be Constitutional on the basis of longstanding and settled law on this issue. Added he will respect the law’s sub- stance and form, avoiding the turncoat approach of governments past, an approach all too com- mon towards our indigenous people. Explained the act accounts for: “The Secretary of the Inte- rior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, that lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.” Continued: “The Sec- retary of the Interior may, upon petition and ratification, issue a charter of incorporation to a tribe. The charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every descrip- tion, real and personal.” Added “Title to any lands or rights acquired pursuant to this Act shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation.” Stated our forefathers were clear with this legislation. Until its changed, he will uphold it. Ex- plained this isn't about favors or handouts to our local tribe. Noted the objective of the ‘34 Act was to provide tribes with the tools to become self-sustaining and sustainable; the act’s primary objectives were reinforced in the 1960s and ’70s by the further transfer of administrative respon- sibility for reservation services to the Indians themselves; the objective was to empower the tribes with self-rule, allow them the opportunity to pursue economic empowerment and decrease dependence on the federal government to finance needed services. Stated we're fortunate the DRAFT 09 04 2018 City Council Meeting Minutes 6 SMSC is not a contradiction; they are both a successful and generous tribe; each year they re- turn hundreds of thousands of dollars to our joint community via charitable giving and local gov- ernment aid and it is about quality of life. Explained in the 70s, when he was a child in Prior Lake, he witnessed poor conditions on the SMSC reservation. Stated with the passage of the 1934 Indian Reorganization Act there was a creation of a political mechanism for strengthening self-government for federally recognized tribes; improving the potential for economic and social development on tribal land via this mechanism of self-government and allowing tribes to reclaim their land, through arm’s length purchases, utilizing the spoils of their own success, and do with the land as they please. Added he is a small government advocate of local self-determination and has no interest in returning to the totalitarian forced assimilation policies of the 1920s that caused considerable damage to Native Americans. Stated congress provided for the creation of tribal corporations to carry out development projects like what is before us this evening allowing tribes even more flexibility in developing their economies. Stated he would choose a good rela- tionship with a multi-billion-dollar enterprise within the community verses a bad relationship; placing land in trust is a small price to pay when compared to the big picture. Concluded he sup- ports these fee to trust applications and looks forward to the productive use of these lands un- der the tribe’s direction. Briggs: Thanked the SMSC and city staff for the work over the past month. Noted it has be- come an informal process but it speaks to a relationship the SMSC and the City of Prior Lake; in that process a good deal of deliberation and discussion was had what we see before us in this draft letter shows us the effort by both parties. Stated that the joint water treatment facility illus- trates what has come of the relationship tangible whether you want to look at it in a spreadsheet perspective and intangible demonstrated in the relationship that has been created. Added in our draft letter we do state both the areas around agreement and consensus, but we also share some of our concerns on the commercial use of the land and we express our hope that because of the relationship those comments will endure. Stated we could talk about what the letter does not contain but he is going to support the current draft; the relationship with the SMSC will go far beyond this application into the many generations ahead. Added the partnership is made visible and tangible with many things between the SMSC and the city on a relationship with a founda- tion of integrity, trust and respect is one that is demonstrated in the draft and does by you the open discussions and it is one of a relationship where we focus on developing solutions that are best for most. MOTION BY MCGUIRE, SECOND BY BURKART TO APPROVE A RESPONSE TO THE DE- PARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS REGARDING THE PRO- POSED FEE TO TRUST APPLICATION KNOWN AS FOUR CORNERS SOUTH VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☐ ☒ ☒ Nay ☐ ☐ ☒ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA DRAFT 09 04 2018 City Council Meeting Minutes 7 10A Consider Approval of a Resolution Establishing the Pay Range for the City Manager Position, Approval of the City Manager Job Description, and Direction to Post the Position for Recruitment Gary Weiers, DDA Human Resources, Inc. presented on this agenda report dated September 4, 2018. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-134 ESTAB- LISHING THE PAY RANGE FOR THE CITY MANAGER POSITION, APPROVAL OF THE CITY MANAGER JOB DESCRIPTION, AND DIRECTION TO POST THE POSITION FOR RECRUIT- MENT VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. COUNCILMEMBER LIAISON UPDATES Briggs: Noted he toured the water treatment facility with Boyles and Wedel and it is a nice building which will be online before we know it. OTHER BUSINESS / COUNCILMEMBER REPORTS 12A Street Project Update - Public Works Director/City Engineer Wedel provided an update. 12B Closed Session to Consider Litigation Related to 150th Street Project Professional Services RECESS Briggs: Called a recess at 8:05 p.m. for the council to move into closed session to discuss the items subject to attorney-client privilege pursuant to Minn. Stat. 13D.05, Sub 3 (b). RECONVENE Briggs: Reconvened the meeting at 8:27 p.m. Briggs: Summarized the closed meeting item and noted council provided direction to the city at- torney. 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 8:29 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ DRAFT 09 04 2018 City Council Meeting Minutes 8 Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager