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HomeMy WebLinkAbout4A 09 17 2018 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 17, 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, Finance Director Erickson, Police Chief Elliott, Fire Chief Steinhaus, 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: Commented that there have been a number of citations issued by the DNR for aqua thrusters on the lake. Explained the thrusters are used to move vegetation and create swimming areas; it is legal to move surface vegetation only. Burkart: Questioned how the citations are made. Spitzmueller: Noted the citations were served by the conservation officer who determines the aqua thrusters use. Burkart: Asked how much the citation is. Spitzmueller: Responded he believed it is about $400. Bob Vierling, 13985 Pike Lake Trail: Noted he is speaking for agenda item 5O regarding the special hunt. Explained he has issues with geese on the north side and the south side of his prop- erty. Noted the beans are being smashed to the ground by the geese and they are eating the seed as it is being planted. Stated the pond used to never be so large but now overflow is coming down to the pond from the different developments nearby. 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 BRAID, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE SEP- TEMBER 04, 2018 REGULAR MEETING AS PRESENTED DRAFT 09 17 2018 City Council Meeting Minutes 2 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 5D. Consider Approval of Fire Department Report 5E. Consider Approval of Police Department Report 5F. Consider Approval of Resolution 18-139 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Roll and Establishing the Date of the Assessment Hearing and Publication Thereof for the 2018 Mill and Overlay Improvement Project (STR18-000001) 5G. Consider Approval of Resolution 18-140 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Roll and Establishing the Date of the Assessment Hearing and Publication Thereof for the 2018 Franklin Trail Improvement Projects (TRN18-0000001) 5H. Consider Approval of Resolution 18-141 Declaring Costs to be Assessed and Ordering Preparation of an Assessment Roll for 2018 Unpaid Special Charges and Establishing the Date of the Assessment Hearing 5I. Consider Approval of Resolution 18-142 Approving a Permit Agreement for Private Use of Public Property Between the Wilds Homeowners Association and the City of Prior Lake 5J. Consider Approval of Resolution 18-143 Approving the Majestic Final Plat and Develop- ment Agreement and Resolution 18-144 Approving a Final Planned Unit Development Plan to be known as Majestic 5K. Consider Approval of Resolution Approving a Stipulation with Respect to Registration of the Postle Property 5L. Consider Approval of Resolution 18-146 Approving a Settlement Agreement Relating to the Land Acquisitions Required for the 150th Street Project 5M. Consider Approval of Resolution 18-147 Approving Off-Site Gambling for the Prior Lake – Savage Optimist Club 5N. Consider Approval of Resolution 18-148 Accepting the Improvements for the Jeffers Pond 8TH Addition Development (#DEV15-000004) 5O. Consider Approval of Resolution 18-149 Authorizing a Special Hunt for Mike Vierling 5P. Consider Approval of Resolution 18-150 Authorizing the Purchase of Three Police Inter- ceptor Utility Vehicles 5Q. Consider Approval of Resolution 18-151 Declaring Costs to be Assessed and Ordering the Preparation of an Assessment Roll and Establishing a Date of the Assessment Hear- ing for the Woodside/Huron Area Road Reconstruction Improvement Project Burkart: Requested agenda item 5K to be removed for discussion. DRAFT 09 17 2018 City Council Meeting Minutes 3 MOTION BY THOMPSON, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF AGENDA ITEM 5K VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A Investiture Ceremony for Officer Beau Johnson Police Chief Elliott presented on this agenda report dated September 17, 2018. Briggs: Read the oath of office. Johnson: Thanked the council for the opportunity to serve Prior Lake which is a community he grew up in and he is honored to be part of the police department. RECESS Briggs: Called a recess at 7:17 p.m. allowing for photos in the chamber. RECONVENE Briggs: Reconvened the meeting at 7:20 p.m. PUBLIC HEARINGS 7A Public Hearing to Consider a Resolution Vacating Drainage and Utility Easements Lo- cated Within Trillium Cove 2nd Addition Community Development Director presented on this agenda report dated September 17, 2018. MOTION BY BURKART, SECOND BY BRAID TO OPEN THE PUBLIC HEARING AT 7:23 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 7:24 P.M. DRAFT 09 17 2018 City Council Meeting Minutes 4 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY BURKART, SECOND BY BRAID TO APPROVE RESOLUTION 18-152 VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN TRILLIUM COVE 2ND ADDITION VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A Consider a Resolution Adopting the Preliminary Tax Levy and Announce Public Budget Hearing Date Finance Director Erickson presented on this agenda report dated September 17, 2018. Braid: Noted the council has gone through the budget in several work sessions. Stated there is a fair number of items in the budget that are mandatory such as the obligations for the union contracts. Added he is in favor of the police officer addition but believes there is more work that can be done but this is a good start. Briggs: Stated the preliminary budget conversations happened earlier in the year. Erickson: Confirmed the first meeting was in April for the long-range plan and the capital im- provement plan was discussed over the summer. Noted council and staff have been discussing the budget since April. Thompson: Agreed with Braid that the council has seen and worked on the budget a lot; staff has done a great job of listening to the council and is comfortable sealing this cap on the levy. McGuire: Echoed the previous comments noting that with the growth of the city it will be hard to go lower; is comfortable setting the maximum levy. Stated Erickson gave a great presentation. Burkart: Thanked Erickson. Noted he is not comfortable with the number and would like to see it lower. Noted there has been a discussion that the percent should align with growth plus infla- tion plus debt service but understands there is needed catch up from previous lean years. Stated staff has been creative with solutions to lower the number and has done well with hash- ing over the numbers. Stated he is interested in a discussion for zero based budgeting instead of simply adding 5 or 6% to the budget from the year before to justify the numbers. DRAFT 09 17 2018 City Council Meeting Minutes 5 Briggs: Stated he supports this and complimented the council on a significate amount of work; would like to look at a trade of decision between taking on additional debt which has continued to be a challenge. Explained the council either sets funds aside to pay for expenses or we find ourselves in a situation against the wall and we must assume additional debt. Noted this council is challenged by this and wants to get on a more consistent path. Concluded that council and staff have spent a lot of time discussing the budget. MOTION BY THOMPSON, SECOND BY BRAID TO APPROVE RESOLUTION 18-152 ADOPT- ING THE PRELIMINARY TAX LEVY AND ANNOUNCE PUBLIC BUDGET HEARING DATE ON DECEMBER 3, 2018 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B Consider Approval of a Resolution Authorizing the Mayor and City Manager to Amend the Contract for Engineering and Construction Services for the Duluth Avenue Intersec- tion Improvement Project City Manager Boyles presented on this agenda report dated September 17, 2018. Briggs: Noted the project was originally scoped with one project and one intersection, now we have increased the scope dramatically. Added it would have been better to bring that this came to the council in the form of a revised contract at the get-go would have let them know how far the scope could have gone. Braid: Stated there is a tight timeline but he would have liked to have had this brought to coun- cil’s attention sooner. Noted the roundabout was requested by the business owners and stated all projects need to be done right the first time versus doing it again a couple years down the road. McGuire: Commented it would have been nice to have been kept in the loop but there is no sur- prise as the bottom line is the same. Thompson: Asked if the engineering work in the beginning was usable. Boyles: Reasoned most of the work was of no value due to the changes being substantial. Briggs: Stated process aside, the impact of this went to $2.3 million from $800,000 project but we are receiving state aid funds to account for costs; this will also pave the way for the Highway 13 project. Added the process stinks but it is a tradeoff for the better; it is a benefit for the citi- zens of Prior Lake. MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE RESOLUTION 18-154 AU- THORIZING THE MAYOR AND CITY MANAGER TO AMEND THE CONTRACT FOR ENGI- NEERING AND CONSTRUCTION SERVICES FOR THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT DRAFT 09 17 2018 City Council Meeting Minutes 6 VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 5K Consider Approval of a Resolution Approving a Stipulation with Respect to Registra- tion of the Postle Property Burkart: Noted this is an item that deserved more attention and deliberation which may affect a significant number of properties on the lake. Requested an update and background of how we got to this resolution. Stated right now it states the city takes no position as the ownership of the water front; which may be the right position to take, the right position may be to support it, or the right position may very well be to not support it. Added if time is not of the essence for this he would like to slow down and take more time to review this with everyone’s consideration. City Attorney Schwarzhoff presented on this agenda report dated September 17, 2018. Burkart: Requested modified language on the resolution to a neutral position. Schwarzhoff: Noted she did not change anything in the resolution as it already says the city takes no position but what we changed was in the stipulation itself which is filed with the court; we have added another whereas statement which repeats that the city takes no position and the in the stipulation and the order both we have stated the city does not object to or endorse. Added it is very clear the city is taking no stand on the waterfront and the only interest is the city’s easement. Burkart: Requested where he can see this change in the document. Schwarzhoff: Responded those changes were brought up today, she has contacted the Postle’s attorney who has indicated that they do agree to the changes and she has not had time to send out the updated document. Briggs: Asked specifically where the changes are at on the document. Schwarzhoff: Explained where the new paragraph is being inserted. Burkart: Noted on the resolution the second item the council approves the stipulation relating to the Postle registration of the property and authorizes the city attorney to process the stipulation. Asked if that is what we want it to say. Schwarzhoff: Responded yes; we could restate everything that the stipulation says in the reso- lution, but it seemed more straightforward to attach the stipulation. Added the stipulation lays out some additional background, identifies the specific property by legal description and the key language is that our easement survives, and the city takes no position as to the water front. Stated the stipulation is the court document that the court needs to see in order for the Postles to move on with their registration. Thompson: Questioned that the document clearly stated we are maintaining our easements and we have no opinion on the other part of the issue. Schwarzhoff: Stated that is correct. DRAFT 09 17 2018 City Council Meeting Minutes 7 Burkart: Explained he just wants the neighborhoods to know that the city is neutral on this and he believes the associations should manage this as it really affects property owners and neigh- borhoods need to work together to create structure and a plan for using the waterfront as a mi- cro community in a larger community. Wished the residents luck and hopes they can work to- gether on this to find a solution that is amicable. MOTION BY BURKART, SECOND BY MCGUIRE TO APPROVE RESOLUTION 18-145 AP- PROVING A STIPULATION WITH RESPECT TO REGISTRATION OF THE POSTLE PROP- ERTY VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. COUNCILMEMBER LIAISON UPDATES Briggs: Noted there was a quarterly meeting with the school board. Explained during that meet- ing was a discussion regarding the draining of the swimming pool. Added city staff was directed by this council to provide the district with a document to clarify and stipulate how the city should be informed and work in partnership with the school district’s draining of their swimming pools; the document is currently in review and Superintendent Staloch was very interested in an agree- ment or if we understood the protocol they have in place for the process to safeguard our resi- dents properties. McGuire: Noted it is basically a policy with them and he is ok with that. Braid: Asked if the school had this written policy before the latest incident. Briggs: Stated to his knowledge he does not know if a policy is or is not in place. Braid: Noted he would like to find out if a policy was already in place and where the breakdown was so it can be avoided in the future. Wedel: Explained to his understanding there is nothing in writing with the school district on how the discharging of the pool is handled through our sanity sewer system. Added we have had an ongoing verbal agreement for a decade since there was an issue when Twin Oaks Middle School drained their pool. Briggs: Noted there is an aspect with communication with the city and a procedure and a proto- col on how they would drain the pool. Thompson: Asked if they are going to put a procedure in writing. Briggs: Stated the question is does it need to be an agreement or a policy. Thompson: Responded an agreement is stronger. Briggs: Noted he is comfortable supporting a protocol since the person completing the task will be following the protocol verses the agreement. Braid: Suggested there needs to be both since this was pretty impactful for those residents it affected. DRAFT 09 17 2018 City Council Meeting Minutes 8 MOTION BY BRIGGS, SECOND BY BRAID DIRECTING STAFF TO SPEAK WITH THE SCHOOL DISTRICT TO PRODUCE A PROTOCOL AND AGREEMENT RELATED TO THE DRAINAGE OF POOLS McGuire: Noted after hearing Braid’s comments he agrees with Braid’s statements. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 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 Thompson and se- conded by Braid to adjourn. The motion carried and the meeting adjourned at 8:31 p.m. VOTE Briggs McGuire Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. _______________________ Frank Boyles, City Manager