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Home My WebLink About4A 11 18 2019 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 18, 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, Assistant City Manager Olson, 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. Mike Buckingham- Hayes, a Representative of Buckingham Waste Removal, Jordan, MN, ad- dressed the City Council about choosing a local company for the City Waste Removal Contracts. Michael Baynes, 3588 Cove Point Circle, Prior Lake, MN, addressed the City Council. Briggs informed Mr. Baynes that comments regarding an item where the public hearing has been held but no final decision made are not appropriate for public forum. Karen Heinke, 3588 Cove Point Circle, Prior Lake, MN added that the petition was not included at the public hearing at the Planning Commission meeting and asked if it could be added this even- ing. Briggs clarified that the public hearing had closed, and this was not the appropriate time to submit the petition. Kim Churchill, addressed the City Council and agreed that the City should talk about shopping locally. Burkart asked the City Attorney what the ramifications were if the City Council were to not chose the responsible low bid. Schwarzhoff, stated that this was under the sealed bid threshold so only quotes were required. A higher quote can be accepted for various reasons.If this occurs, asked that the City Council in- clude the justification for not awarding the low quote. Wedel stated that the current contract expires at the end of this calendar year. 2 DRAFT 11 18 2019 City Council Meeting Minutes APPROVAL OF AGENDA MOTION BY BURKART, SECOND BY THOMPSON, TO APPROVE THE AGENDA. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES 4A. CONSIDER APPROVAL OF NOVEMBER 4, 2019 REGULAR CITY COUNCIL MEETING MINUTES MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE THE MINUTES OF NOVEMBER 4, 2019 CITY COUNCIL MEETING. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. CONSENT AGENDA Wedel: Reviewed the items on the consent agenda. A. Approved of Claims Listing B. Approved October Building Permit Report C. Approved Animal Control Services Report D. Approved Fire Department Report E. Adopted Resolution No. 19-133 - A Resolution Accepting Quotes and Author- izing the Execution of the City’s Standard Contract for Materials and Labor for the Hidden View Stormwater Pond Improvements Project F. Adopted Resolution No. 19-134 - A Resolution Approving the Sentence to Serve (STS) Joint Powers Agreement for 2020 and Authorizing the Mayor and City Manager to Execute the Same G. Adopted Resolution No. 19-135 - A Resolution Authorizing the Mayor and City Manager to Execute the City’s Standardized Contract for City Facility Refuse and Recycling Pickup and Disposal H. Adopted Resolution No. 19-136 - A Resolution Approving the 2019/2020 School Year Reimbursement Amount for the Joint Powers Agreement for School Resource Officer with ISD 719, Prior Lake-Savage Schools I. Approved October 2019 Treasurer’s Report J. Adopted Resolution No. 19-137 - A Resolution Authorizing the City Engineer to Ap- prove Plans for the CR42 Corridor Improvement Project (City Project # TRN20- 3 DRAFT 11 18 2019 City Council Meeting Minutes 000003) K. Adopted Resolution No. 19-138 - A Resolution Extending the Deadline for Submitting the Final Plan and Final Planned Unit Development for Parkhaven MOTION BY BURKART, SECOND BY BRAID, TO REMOVE ITEM 5G FROM THE CONSENT AGEND AND TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A. Swearing-In Ceremony for Police Commander William “Liam” Duggan Chief Frazer: introduced Police Commander Liam Duggan. Briggs: conducted the swearing-in of Police Commander William “Liam” Duggan. Recess: Briggs called a recess at 7:25 p.m. to take photos. Briggs: reconvened the meeting at 7:30 p.m. 6B. Presentation to Retiring Committee Member Briggs: Presented Woody Spitzmueller from the Community Safety Advisory Committee (CSAC) with a plaque to recognize his time and commitment to the community. 6C. Presentation of Concept Plan for Trinity Vincent Development Senior Care Facility Planner Matzke provided the background information. Developers Aaron and Todd from Trinity Vincent Development presented information on their memory care buildings. Thompson: Asked if this is a Memory Care Facility or a Senior Living Facility. Developer: Explained that its technical license is with Housing With Services, which includes in- dependent living, assisted living care services, and memory care services. Briggs: Asked what the market demand showed for Prior Lake. Developer: Explained that the market is pretty strong in this area, and it fills a need for people who don’t want to go into a large facility that would prefer the feel of moving from one home to another. Braid: Asked if this development would mimic the Lake Elmo Project. 4 DRAFT 11 18 2019 City Council Meeting Minutes Developer: Stated that it would be a new concept that they are also implementing in Vadnais Heights. Braid: Asked how many jobs this would create? Developer: Explained that they would have 8 people staffed at the facility. Briggs: Asked if there are any estimates for commercial evaluation. Prior Lake is limited in com- mercial property space areas. Developer: Replied that they would guess that Senior Facilities are usually rated $150,000 to $160,000 per unit for evaluation in this area. They would pull those numbers. Briggs: Added having that information would be helpful. He understands the need for this con- cept. The larger property relative to valuation was attractive to him. Braid: Added that knowing the developer would not be asking for any subsidies was also attrac- tive. Erickson: Added that he is responsive to the need and believes the concept would be great in Prior Lake. Thompson: Agreed she thinks this is a great location and there is a need for this type of living in the community. PUBLIC HEARINGS No Public Hearings Scheduled OLD BUSINESS No Old Business Scheduled NEW BUSINESS 9A. Resolution No. 19-139 – A Resolution Approving Preliminary Plat to be known as New Creation Addition and an Ordinance Rezoning Property from R-1, Low Density Residential to R-3, High Density Residential Planner Matzke provided the background information. Erickson: Asked if the church is allowed in an R-3 Zone. Matzke: Confirmed that the churches and religious institutions are allowed in all of Prior Lake’s residential Zoning Districts. It is allowed in R-1 and also in R-3. Erickson: Asked if the Daycare was a part of the Church or independent. Matzke: Answered the daycare would be an independent business. The church will be in part- nership with the daycare activities but not the owner of the daycare facility. They are compli- mentary uses. THOMPSON MOVED, BRAID SECONDED, TO APPROVE AN ORDINANCE REZONING PROPERTY FROM R-1(LOW DENSITY RESIDENTIAL) TO A R-3(HIGH DENISTY RESIDEN- TIAL) ZONING DISTRICT AND APPROVE A RESOLUTION APPROVING THE NEW CREA- TION PRELIMINARY PLAT. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ 5 DRAFT 11 18 2019 City Council Meeting Minutes Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9B. Resolution No. 19-140 – A Resolution Approving a Major Amendment to the Jeffers Pond 1st Addition Planned Unit Development (PUD) for Applewood Pointe Planner Schwabe provided the background information. Dave Young, with United Properties was available to answer any specific questions from the Council. Erickson: Asked staff if the renderings showed a dock. Would that require future approval. Schwabe: Clarified that it was explained to the Developer at the Planning Commission level that any improvements to the wetland area will require approval from the DNR. Braid: Appreciated the history of how the City arrived at this. The Cove neighborhood was orig- inally supposed to be a high rise with Senior living and basically what has happened over the years is that the can has been kicked down the road and now the City is stuck dealing with some density issues that the MET Council is requiring. Schwabe: Clarified that was correct. The original plan showed 3 buildings on what is known as the Cove and 245 units that were originally identified for the project. At the time the decision was made to reduce that down to 30 single family units, and all but one lot has been built. As a result, the density was allocated to the remaining outlots. Braid: Explained that at one time a gas station was proposed for this site. This would be a much nicer proposal for this site. Thompson: Asked if this had an age requirement of 62 or higher. Young: Added that was correct. HUD has the age restriction requirement that will be applied to the development. Thompson: Asked if a commercial entity could go on this outlot. Schwabe: Explained yes that is true. Thompson: Added when you compare this facility to a commercial entity the commercial entity would bring a lot more traffic, light and noise. Erickson: Added that the unique way ownership takes place is attractive to him. Briggs: Asked for staff to confirm that there is adequate parking. Schwabe: Explained that the Grainwood Building has 55 units for 2 and 3 bedrooms. There are 164 parking stalls for 170 units, which is .96 stalls per unit. The Applewood development has 1.7stalls per unit, which is double the Grainwood Project. BURKART MOVED, BRAID SECONDED, TO APPROVE THE MAJOR AMENDMENT TO THE JEFFERS POND PUD AND ADOPT AN ORDINANCE TO ALLOW FOR A 99-UNIT SENIOR COOPERATIVE COMMUNITY ON OUTLOT B, JEFFERS POND 1ST ADDITION. VOTE Briggs Thompson Burkart Braid Erickson 6 DRAFT 11 18 2019 City Council Meeting Minutes Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 9C. Resolution No. 19-141 – A Resolution Amending Chapters 2, 7, and 8 relating to Pet Licensing and Adopt Resolution No. 19-141 – A Resolution Approving a Summary for Publication Assistant City Manager Olson provided the background information. Braid: Added that this is pretty straight forward for him. He is in support of it. Erickson: There use to be a lot higher compliance and that is because the contractor would make sure the animal got a city license before it’s returned to the owner. He does realize the chips are helping but the license ensures the dogs have shots. BURKART MOVES, THOMPSON SECONDED, TO APPROVE AN ORDINANCE AMENDING CHAPTERS 2, 7 AND 8 RELATING TO PET LICENSING AND A RESOLUTION APPROVING A SUMMARY FOR PUBLICATION. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. REMOVED CONSENT AGENDA ITEMS 10A. Resolution No. 19-135 - A Resolution Authorizing the Mayor and City Manager to Execute the City’s Standardized Contract for City Facility Refuse and Recycling Pickup and Disposal BURKART MOVED, BRAID SECONDED, TO SEND THIS BACK TO STAFF TO HAVE A BET- TER UNDERSTANDING HOW STAFF ARRIVED AT THEIR DECISION AND TO INCLUDE WHAT IS PAID FOR PROPERTY TAX. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS 7 DRAFT 11 18 2019 City Council Meeting Minutes Erickson: 11/14 Attended the LMC seminar, 11/14 Rotary Gala, 11/15 Agenda Review, 11/16 SMSC Community Day at the New Cultural Center Braid: 11/14 Rotary Gala, 11/15 Agenda Review, 11/16 Attended Community Day Burkart: 11/7 HWY 169 Corridor Coalition, 11/15 Suburban Transit Association Meeting, 11/18 Suburban Transit Association Meeting Thompson: 11/8 SCALE General Meeting, 11/12 PLSLWatershed,11/14 Chamber of Commerce Meeting, 11/14 Rotary Gala,11/15 Agenda Review. Briggs: 11/8 SCALE, 11/11 Veteran’s Day, 11/12 EDA Meeting, 11/13 Quarterly SCALE Meeting, 11/13 PL Savage Youth Optimist Luncheon, 11/13 Street Fees Stake Holders Meeting, 11/14 League of MN Cities Metro Cities Meeting, 11/14 Rotary Gala, 11/16 Community Day at the SMSC 12A. Street Project Update City Engineer Brotzler provided an update. 12B. Closed Session pursuant to attorney-client privilege to discuss litigation related to a special assessment appeal for the Duluth Avenue Project per Minnesota Statute 13D.05, Subd 3(b). Briggs: Closed the meeting pursuant to attorney-client privilege to discuss litigation related to a special assessment appeal for the Duluth Avenue Project per Minnesota Statute 13D.05, Subd 3(b). at 9:07 P.M. Briggs: Reopened the Meeting at 9:19 P.M. Briggs: Council discussed matter and gave City Attorney direction. 14A. ADJOURNMENT MOTION BY BRIAD, SECOND BY THOMPSON, TO ADJOURN THE MEETING AT 9:20 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Respectfully Submitted _____________________________ Jason Wedel, City Manager