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HomeMy WebLinkAbout4A 11 04 2019 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 4, 2019 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Thompson, Burkart, Braid, and Erickson. None were absent. Also, in attendance were City Manager Wedel, City Attorney Schwarzhoff, Fire Chief Steinhaus, Finance Director Erickson, Public Works Director/City Engineer Brotzler,Community Development Director McCabe and City Clerk Orlofsky. PUBLIC FORUM 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 is taken are not eligi- ble for discussion on the public forum. Kim Churchill, 16209 Evanston Ave SE, addressed the City Council on the Local Advisory Council on Mental Health. Tyler Chambers, 4453 Overlook Dr SE, addressed the City Council about his gratitude for the P.L.A.Y. scoreboard donation. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE THE AGENDA. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES 5A. CONSIDER APPROVAL OF OCTOBER 21, 2019 REGULAR CITY COUNCIL MEETING MINUTES MOTION BY BURKART, SECOND BY THOMPSON, TO APPROVE THE MINUTES OF OCTO- BER 21, 2019 CITY COUNCIL MEETING. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ 2 DRAFT 11 04 2019 City Council Meeting Minutes Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. CONSENT AGENDA Wedel: Reviewed the items on the consent agenda. A. Approved of Claims Listing B. Adopted Resolution No. 19-126 - Approving the Polling Places for the 2020 Elections C. Adopted Resolution No. 19-127 - Ordering the preparation of a Feasibility Study for the 2020 Mill and Overlay Improvement Project and Authorize the Preparation of Plans and Specifications D. Adopted Resolution No. 19-128 - Approving the Agreement with P.L.A.Y. for the Do- nation, Installation, and Maintenance of Scoreboards E. Adopted Resolution No. 19-129 - Approving a Premise Permit for the Prior Lake Sav- age Hockey Association F. Adopted Two Ordinances Which Recodify the City Code and Update the Chapters 1 and 2 of the City Code and Adoption of Resolutions Approving Summaries of the Or- dinances for Publication G. Approved Preliminary 3rd Quarter 2019 Financial Reports H. Approved the 3rd Quarter 2019 Investment Report MOTION BY BRAID, SECOND BY BURKART, TO APPROVE THE CONSENT AGENDA. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A. Lakefront Music Fest Presentation Dan Stanley, President of the Prior Lake Rotary Club, presented a guitar, plaque and montage that will hang at the Prior Lake City Hall as a thank you for the City’s support for the past ten years. Briggs: thanked the Rotarians for their service and all that they do for the Community of Prior Lake. 3 DRAFT 11 04 2019 City Council Meeting Minutes Recess: Briggs called a recess at 7:15 p.m. to take a photo with the Rotary. Briggs reconvened the meeting at 7:17 p.m. PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS No Old Business Scheduled NEW BUSINESS Consider Approval of Ordinance 119-10 Amending Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, 1109 Administrative Procedures, and 315 Short Term Rentals related to personal boat slips and mooring facilities. Director McCabe provided the background information. Erickson: Clarified the six or five slips per property. Erickson does not feel it makes sense. Why would the property owner be allowed the same number of slips no matter what the width of the lot is? McCabe: Explained that staff did discuss this at great length and determined that changing this language would make a number of existing lots non-conforming, and the second was administra- tion. Staff would essentially be issuing dock permits to every property owner with the correct num- ber of slips. The transition from the current system to the new system would be difficult for staff to administer. Braid: Pleased with the revisions to the useable shoreline excluding the marsh areas. Why are grandchildren not included in this list of immediate families. McCabe: Explained that the intent was to have a narrow scope of the family just for administration purposes. Staff did not want to administer who a relative is or not. A grandchild should be easy to verify if the Council would like to support a friendly amendment to include a grandchild. Briggs: Asked how many complaints have been received for boat slip rental, to help the Council understand the administrative burden. McCabe: Explained that the complaints the City receives are often year after year. In 2019 the Code Enforcement Officer received 12 or 13 complaints. If an owner states that they are not rent- ing the boat on their slip, it becomes difficult for the City to enforce because there currently is no way to verify that information. That is why the ownership language is being proposed to help make it easier for the City to enforce. Briggs: If the City were to expand any docks it would take a public hearing. The City Council di- rected staff to convert 4 slips at Sandpoint, 4 slips at Lakefront Park. He asked Director McCabe to share how that language would address the language that was given earlier this year. McCabe: This language would be acted on if the City wished to add any additional slips in the fu- ture. Briggs: Asked the Councilors to discuss boat slip rental on private property. Thompson: Stated that boat slip rental is currently prohibited and that is not changing, so she doesn’t see a big discussion on that. She is ok with adding grandchildren. 4 DRAFT 11 04 2019 City Council Meeting Minutes Braid: Agreed that currently boat slip rentals are not allowed, and he would like to see it stay that way. Burkart: Thanked the Citizens who volunteered for the meetings. Burkart explained that safety was the main concern. He believes the City is reactive rather than proactive. The enforcement of the City Code is passive versus active. The Code Enforcement Officer is not going out looking for issues. They are busy enough with the issues they have. If there are no complaints from your neighbor, then you will not hear from the City. Burkart is supportive of the boat slip rentals being prohibited. He would like to discuss the penalty fee as he does not feel they are high enough to cover the costs of actual enforcement. Burkart also spoke about the Boat Club. Council has heard that the Boat Club is not interested in renewing its lease. Burkart is ok if the Boat Club does not renew its lease. Burkart agrees with staff to abolish the guide. Briggs: Asked for the Councilors to comment on whether the property owners should be allowed six vessels or five vessels. Braid: He doesn’t feel that the Council is prohibiting recreation if they leave the vessels at five. Thompson: Added that this was thoroughly discussed at the committee and when comparing this to other lakes’ regulations they realized that several of the Lakes only allow four vessels. Thomp- son is good at five vessels. Erickson: Staying with six vessels might be a good idea. Burkart: As a lakeshore owner he is not comfortable with five. He would like to keep it at six ves- sels. Briggs: Stated that he is fine with five vessels, he is leaning towards practical enforcement. Briggs: Asked the councilors to discuss controlled access lots to revise boat slips to shoreline ra- tio. Erickson: Stated that he supports the 1 watercraft to every 50 feet. Braid: Explained that the current 1 watercraft to 18.75 feet was a number that was no longer ac- curate. A reduction needs to be made. Burkart: Agreed with the discussion that change needs to be made. He thinks that 1 watercraft to 50 feet is too aggressive and would suggest 1 watercraft to 35 feet as a compromise. Burkart is open to discussion. Thompson: Agreed there should be a change. She too believes that 1 watercraft to 50 feet is too extreme. She looks at the chart and she likes it for safety purposes and water quality and restora- tion. She would be willing to go 1 watercraft to 40 feet. Briggs: Asked staff how many county parcels this change would impact. McCabe: For example, the two large parcels on Prior Lake at approximately 1300 linear feet at 1 watercraft to 35 feet would provide a maximum of 37 slips, and with 1 watercraft to 40 feet would allow 33 slips. Spring lake does have more areas that are larger yet to be developed but a lot of that shoreline is wetland/marsh that wouldn’t be counted. Briggs: Added that he would be comfortable with 1 watercraft to every 38 feet. Braid: Asked Briggs if he would be comfortable with 1 watercraft to 40 feet. Briggs: Agreed to 1 watercraft to 40 feet. Burkart: Added that he supported 1 watercraft to 40 feet. MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE ORDINANCE 119-10 AMEND- ING SECTIONS 1101 GENERAL PROVISIONS, 1102 USE DISTRICT REGULATIONS, 1104 SHORELAND REGULATIONS, 1106 PLANNED UNIT DEVELOPMENTS, 1109 ADMINISTRA- TIVE PROCEDURES, AND 315 SHORT TERM RENTALS RELATED TO PERSONAL BOAT 5 DRAFT 11 04 2019 City Council Meeting Minutes SLIPS MOORING FACILITIES WITH THE FOLLOWING CHANGES: ADD GRANDCHILDREN TO THE DEFINITION OF IMMEDIATE FAMILY AND CHANGE THE CONTROLLED ACCESS LOT RATIO FROM 1 SLIP PER 50 FEET TO 1 SLIP PER 40 FEET; AND ADOPT THE RESO- LUTION APPROVING THE SUMMARY FOR PUBLICATION. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS Erickson: 10/23 LMC Webinar, 10/29 Council Retreat, 10/29 Applewood Pointe Presentation, 11/1 Agenda Review Braid: 10/22 EDA Meeting, 10/24 EDA Project Meeting, 10/24 Prior Lake Association Annual Meeting, 10/24 Technology Village - Fast Track Challenge, 10/28 EDA Meeting, 10/28 Short Term Rentals Meeting, 10/28 PC Meeting, 10/29 Council Retreat, 11/1 SCALE Executive Meeting,11/1 Agenda Review Burkart: 10/22 Unified Transit Task Force Meeting, 10/22 Fish Open House, Prior Lake Relations Meeting, 10/24 Suburban Transit Association Meeting, 10/24 Prior Lake Association Meeting, 10/28 Urban Transit Association Meeting, 10/29 Council Retreat, 10/30 MVTA Meeting Open House, 10/24 SCALE, 10/28 LMC Street Improvement Fees, 11/29 Council Retreat , 10/28 ,10/29 Council Retreat, 11/1 Agenda Review, Thompson: 10/28 Short Term Rentals Meeting, 10/29 Council Retreat, Briggs: 10/22 SCALE Live Learn Earn Committee, 10/22 Fish Open House, 10/23 SCALE, 10/28 Meeting with LMC on Street Improvement Fee, 10/28 EDA Meeting, 10/29 Council Retreat Wedel: Thanked the businesses that supported the Candy Crawl and there were over 700 kids who attended. 13A. Street Project Update City Engineer Brotzler provided an update. 14A. ADJOURNMENT MOTION BY BRIAD, SECOND BY THOMPSON, TO ADJOURN THE MEETING AT 8:26 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 6 DRAFT 11 04 2019 City Council Meeting Minutes Respectfully Submitted _____________________________ Jason Wedel, City Manager