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HomeMy WebLinkAbout08 03 2020 City Council Mintues 1 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES August 3, 2020 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Thompson, Burkart, Braid. Absent: None. Also, in attendance were City Manager Wedel, City Attorney Schwarzhoff, Public Works Director/Engineer Brotzler, Assistant Engineer Monserud, Police Chief Frazer, Commander Duggan, Community Development Director McCabe, Planner Matzke, Communications Director Elbon, and City Clerk Orlofsky. PUBLIC FORUM There were no comments from the public. APPROVAL OF AGENDA MOTION BY THOMPSON, SECOND BY BURKART, TO APPROVE THE AGENDA. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES 4A. CONSIDER APPROVAL OF JULY 20, 2020 CITY COUNCIL MEETING MINUTES MOTION BY BURKART, SECOND BY BRAID, TO APPROVE THE JULY 20, 2020 CITY COUN- CIL MEETING MINUTES. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. 2 08 03 2020 City Council Meeting Minutes CONSENT AGENDA Wedel: Reviewed the items on the consent agenda. A. Approval of Claims Listing B. Credit River Township Incorporation C. Consider Adoption of Resolution 20-088 Approving the Distinctive Shores Final Plat and Development Agreement D. Consider Adoption of Resolution 20-089 Approving Funding to Participate in the Scott County CDA Small Business Recovery Fund E. Approval of June Animal Control Services Report MOTION BY BRAID, SECOND BY BURKART, TO APPROVE THE CONSENT AGENDA. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A. No Presentations Scheduled. PUBLIC HEARINGS 7A. Consider Adoption of a Resolution Approving a Vacation of a Drainage and Utility Easement Across Property Located at 5035 Beach Street NE Matzke provided the background information. MOTION BY THOMPSON, SECOND BY BURKART, TO OPEN THE PUBLIC HEARING AT 7:08 p.m. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. There were no comments from the public. 3 08 03 2020 City Council Meeting Minutes MOTION BY BRAID, SECOND BY BURKART, TO CLOSE THE PUBLIC HEARING AT 7:09 p.m. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. MOTION BY THOMPSON, SECOND BY BURKART, TO ADOPT RESOLUTION 20-086 – AP- PROVING A VACATION OF A DRAINAGE AND UTILITY EASEMENT ACROSS PROPERTY LOCATED AT 5035 BEACH STREET NE. . VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A. Consider Adoption of an Ordinance Annexing Approximately 9.68 Acres of Property Located at 6127 170th Street E in Credit River Township Pursuant to MN Statutes 414.033.Subd.2(3) Briggs: Following the close of the City Council meeting on July 20th the City Council received several emails and phone calls from neighbors surrounding the subject property. The content of those emails is outside of the Public Hearing from July 20th and therefore will not be included in any formal testimony. Three extremely troubling assertions came forward. First, the property own- ers did not petition the City, a developer did. The property owner simply signed the paperwork that the developer filled out. Although the property owner signed the petition, they were unaware th at the reason to annex into the City was to access City sewer and water. The property owners have stated that they have no intention of accessing sewer and water from the City. The second asser- tion is that the property owner is not at liberty to withdraw their application without penalty as it is tied to a purchase agreement with the developer. The developer holds all the power not the prop- erty owner. The third assertion, the property owners would be happy to stay and do not care to move. Those assertions made by many, not the property owners cast a significant cloud over this agenda item. Briggs asked McCabe if he’s had any communication with the property owners to discuss these assertions made by their neighbors. Have the property owners validated these as- sertions or offered a rebuttal? 4 08 03 2020 City Council Meeting Minutes McCabe: Confirmed that he did speak to the property owner this afternoon. The property owners did state that they have an agreement with the proposed developer at this site and they intend to honor their agreement with the developer. McCabe: Presented the background information on the annexation petition for the Brewer’s par- cel. Braid: Asked about the traffic concerns and the intersection improvements that are needed at Highway 21. Does staff have an idea what the cost share would look like. McCabe: Clarified that the cost is generally split between the County and the City of Prior Lake would be responsible for 25% of the cost. Thompson: Stated the City has a Noise Ordinance. Is there any difference how the ordinance is applied in a residential neighborhood versus a commercial neighborhood? McCabe: Explained that there are different types of business and hours that can operate at differ- ent noise levels. Regulations would say mini storage would have an 8:00 am – 10:00 pm hours of operation. However, no servicing of vehicles or loud activities would be permitted. Braid: Traffic and Safety comments have affirmed that they need to be addressed with Scott County. The circumstances stated at the beginning of this item have given him reason to pause. Along with the current condition of the developer’s property along Highway 21. Braid stated he is not supporting the petition tonight and has concerns about the annexation moving forward. Burkart: Asked everyone to take a deep breath and have some perspective. Burkart asked if the anyone in the audience new when Credit River was organized. It was 1858 and the Village of Prior Lake was organized in 1891. The two communities have been good neighbors for a long time, and no wants that to change. There has been a significant amount of miscommunication on this item. Some questioned the City’s transparency, some have suggested a City Council member lied, and some have attacked City staff and their professionalism. Burkart added that is disap- pointing that people are reacting instead inquiring and responding. He urged folks to seek an- swers before they attack. The process has been fully transparent. Staff and council were both transparent and available. The City did not need to disclose future development plans, but they chose to share all the plans so that the residents were aware and so the Council could make an informed decision. That’s exactly what the City Council did. It was that transparency that allowe d the City Council to provide the direction they did at the July 20th City Council meeting. Namely screening, landscaping, architectural design, City water and sewer hook ups to all units. If the City had not been transparent about the future use, then those protections required by the Council would not be in place. The City of Prior Lake has not pressured the sellers. The City Council is ok if they decide to withdraw at any time. Burkart is not in favor of utilizing the limited commercial land for storage facilities. He feels it’s an inefficient use of commercial land. Burkart would be in favor of a moratorium on storage units. Most importantly he does not feel confident that the Brew- ers entered into this process eyes wide opened and fully informed and that is unacceptable to him. Burkart is opposed to this annexation. Thompson: No more to add. Briggs: This is a matter of public record where he was on July 20th. He has heard from 30 resi- dents since that July 20th meeting. Briggs feels the private property rights were abridged. Briggs is no longer in support of this annexation. In four years of being Mayor of Prior Lake he has never seen the tone of communications and the assertions made in regard to the City and the integrity ever. The lying, collusion and mischaracterizations all the way through this process were disap- pointing. 5 08 03 2020 City Council Meeting Minutes MOTION BY BURKART, SECOND BY BRIAD, TO DENY THE ANNEXATION OF APPROXI- MATELY 9.68 ACRES OF PROPERTY LOCATED AT 6127 170TH STREET E IN CREDIT RIVER TOWNSHIP. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. NEW BUSINESS 9A. No New Business Scheduled. 10A. REMOVED CONSENT AGENDA ITEMS 11A. OTHER BUSINESS / COUNCILMEMBER REPORTS Braid: 7/23 Mural dedication, 7/27 PC meeting, 7/27 Agenda Review Burkart: 7/21 MVTA , 7/23 Mural Dedication, 7/24 Legislative, 7/29 SCALE , 7/29 MVTA, 7/30 Private Utility Review, 7/30 AGENA REVIEW, 8/2 169 HWY Corridor Meeting, 8/3 Mobility Man- agement Thompson: 7/22 PW Staff and Pickleball, 7/23 Mural Dedication, 7/31 Agenda Review Briggs: 7/22 Legislative, 7/23 BEC, 7/23 Mural Dedication, 7/29 LMC Housing Task Force, 7/31 Agenda Review Wedel: Planning Commission Meeting for August 10th was canceled. OTHER BUSINESS 12A. No Other Business 13A. ADJOURNMENT MOTION BY THOMPSON, SECOND BY BRAID, TO ADJOURN THE MEETING AT 7:40 P.M. VOTE Briggs Thompson Burkart Braid Aye ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ The motion carried. 6 08 03 2020 City Council Meeting Minutes Respectfully Submitted, _____________________________ Jason Wedel, City Manager