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HomeMy WebLinkAbout08 01 2022 City Council MinutesPRip\/o U txy \�INNESOS� 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES August 1, 2022 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Burkart, Churchill, Thompson and Braid. Absent: None. Also in attendance was City Manager Wedel, City Attorney Kendall, Police Chief Frazer, Community Development Director McCabe and City Clerk Simon. PUBLIC FORUM Briggs: On a go forward basis, any forum testimony that we hear in the previous meeting we will provide this opportunity for the City Manager to address previous forum testimony and any out- comes from that and then we will proceed with the Public Forum. Wedel: At our last City Council meeting on July 18t", 2022, the City Council heard from two individ- uals who were requesting that the City Council authorize an additional external investigation of a complaint against our Police Department. An internal investigation has already been completed. They were requesting a third -party investigation. Prior Lake is a Statutory Plan B City under Minne- sota State Statute, as such the City Manager is responsible for all matters related to staffing and disciplinary actions. Accordingly, I met with Chief Frazer and Assistant City Manager Lori Olson to review the results of the internal investigation which included documentation, Police reports and video footage. Based upon our review of the information there is no basis or need for a third -party investigation. All Police Officer reports and documentation related to this matter have now been reviewed by the Police Chief, Assistant City Manager and Myself. The city has completed an inves- tigation which was thorough and complete. That investigation is now concluded, and the city will not be pursuing a second or additional investigation. Keri Thayer, with R.O.C.K: Thank you for having me tonight. I am Keri Thayer with R.O.C.K. We are a local non-profit that helps break down the barriers of learning by providing basic needs to the kids in the community. I just wanted to thank the city and the Council Members for tomorrow at Night to Unite as you are collecting food for our non-profit so as the school year starts up, we will be well stocked and ready to support those kiddos. So thank you so much for your support. Michael Thomas, New Superintendent of Prior Lake Savage Area Schools: I am the new Su- perintendent with the Prior Lake Savage Area Schools. Just wanted to take a quick opportunity to introduce myself to the Council and to the broader community. I am really excited to serve this community. My family and I just moved down here so we are residents and taxpayers as well so very committed to what is happening in our community and proud to serve. I noticed from a protocol standpoint, I noticed that there is a topic in new business this evening - can I speak to that at this time? Coming in as a new Superintendent, this is a phenomenal community with a strong school system. I want to thank our school board and previous leadership for setting such a strong founda- tion. With that said, we also have lots of opportunities to grow and improve and I think it will take our entire community to really lean into our schools with our collaboration and support so that our students are college, career and life ready. I noticed on the agenda this evening, there is going to be new business around Minnesota's new law regarding THC edibles. I can tell you after serving in a state for the past four years in which both medical and recreational use of marijuana is legal it is a concern that I have as a Superintendent in what that would potentially mean to our students and what access would have to such edibles and things of that nature. I liken it to the flavored vaping situations that occurred several years ago that became extremely problematic in K-12 school sys- tems across our entire country. I encourage our Council tonight to be prudent in your thoughts and your perspectives and take some time to analyze and work with other local leaders, such as myself, to really understand the second and third effects of this new legislation that is coming forward. Again, I don't want to stand in the way of what the state has planned around this piece of legislation, but I do believe there is unintended consequences there that we want to be mindful of. I am certainly available to have those conversations with the Council to protect the interest of our kids. Thank you and nice to meet all of you. APPROVAL OF AGENDA MOTION BY BURKART, SECOND BY THOMPSON, TO APPROVE THE AGENDA AS PRE- SENTED. VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x Nay ❑ ❑ Abstain ❑ ❑ Absent ❑ ❑ The motion carried. ❑x ❑x ❑x ❑ ❑ ❑ ❑ ❑ ❑ APPROVAL OF CITY COUNCIL MEETING MINUTES 4A. APPROVE THE JULY 189 20229 CITY COUNCIL MINUTES MOTION BY BRAID, SECOND BY CHURCHILL, TO APPROVE THE JULY 18, 2022) CITY COUNCIL MEETING MINUTES AS PRESENTED VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x Nay ❑ ❑ Abstain ❑ ❑ Absent ❑ ❑ The motion carried. 0 ❑x ❑x ❑ ❑ ❑ 08 012022 City Council Meeting Minutes 2 CONSENT AGENDA A. Approval of Claims Listing B. Approval of 2nd Quarter Investment Report C. Approval of the 2nd Quarter Financial Reports D. Approval of Amendment to Lease Agreement with AT&T - South Water Tower E. Approval to Receive Quotes and Award Contract for Basketball Court Improvements F. Approval of June Treasurer's Report G. Approval of Ordinance 122-07 Amending Prior Lake City Code Section 1141, Agricultural and Residential Performance Standards, Related to Recreational Equipment Storage and Resolution 22-090 for Publication of Summary Ordinance H. Approval of Ordinance 122-08 Amending Prior Lake City Code Section 1123, Nonconform- ities, Related to Damaged or Destroyed Structures I. Approval of Ordinance 122-09 Amending Prior Lake City Code Section 1111, Definitions, to Include a Definition for Watercraft and Restricted Watercraft J. Approval of Ordinance 122-06 Amending Prior Lake City Code 803 to Add New Section 803.2000 Possession of Catalytic Converters and Resolution 22-091 for Publication of Summary Ordinance K. Resolution 22-092 Approving a Final Plat and Resolution 22-093 Approving a Final Planned Unit Development (PUD) for Revere Place MOTION BY BURKART, SECOND BY THOMPSON, TO APPROVE THE CONSENT AGENDA AS PRESENTED VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS 6A. Swearing in of New Prior Lake Police Officers, Commanders and Sergeants Chief Frazer presented the item. Recess at 7:19 pm for photos. Meeting reconvened at 7:29 pm. 3 08 012022 City Council Meeting Minutes PUBLIC HEARINGS 7A. Resolution Vacating a Drainage and Utility Easement at 17232 Sunset Trail SW Director McCabe presented the item to the council. Motion to open the public hearing by Braid second by Thompson 7:33 pm. No public came forward to speak. Motion to close the public hearing by Braid, second by Churchill at 7:34pm. MOTION BY BRAID, SECOND BY BURKART, TO APPROVE RESOLUTION 22-094 VACATING A DRAINAGE AND UTILITY EASEMENT AT 17232 SUNSET TRAIL SW VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OLD BUSINESS No Old Business. NEW BUSINESS 9A. Ordinance Amending Prior Lake City Code Section 1122, Land Use Definitions and Con- ditions, Related to a Requirement for First -Floor Commercial Uses in Multi -Family Dwellings Within the TC, Town Center Zoning Use District and Resolution for Publication of Summary of Ordinance Director McCabe presented the item to council. Braid: Thank you for breaking down some of these complicated ordinances into something that is digestible for the general public. Prior Lake has a limited commercial space, especially in our down- town and this is indicated by the tax base which is 95% residential. We as a city need to be culti- vating every available avenue for commercial, especially in our downtown. This item was reviewed by the Economic Development Authority (EDA) and supported, as well as supported at a 5-0 vote by the Planning Commission. To me this is a straightforward agenda item, and this is something I will be in support of tonight. Thompson: To clarify, my understanding is that there is still an avenue to do the multifamily, but it is under a Conditional Use Permit correct? McCabe: Correct, the Conditional Use Permit process. It would be the same review essentially but there would be a public hearing component. Another avenue again would be the Planned Unit De- velopment (PUD) approach if the Planning Commission and Council felt that was appropriate. Thompson: I assume that is just because there is a situation where it might make sense for some reason that you leave open an avenue for just residential? 4 08 012022 City Council Meeting Minutes McCabe: Correct. Burkart: Previously there was a Town Center regulation where you couldn't improve the value of your structure by 50%, what happened to that regulation? McCabe: That was a regulation in the Transitional Town Center. When that was in place, you could not make improvements beyond 50% of the value of your structure. That Ordinance went away at this Councils direction to allow properties to improve and maintain as they saw fit. Burkart: What was the reasoning for that? Why did we back away from that? McCabe: At the time the Council heard from residents that it was viewed as restrictive therefore the Council did away with that requirement to allow them to do improvements. Burkart: For your self as a Staff person, do you prefer a broad framework to work with when some- one calls you and wants to develop in this City? Or do you prefer a more detailed regulation like this without flexibility? McCabe: Generally, broad allows for more flexibility. In this case the reason we landed on this language as staff, the recommendation on the percentages, is we started reviewing street by street in the Town Center district saying where does it make sense for commercial or not and that is where we landed on the prime commercial lots. Then it is a bit more subjective, it provides some flexibility to the Planning Commission and City Staff when they are working through the Conditional Use Permit process to determine if it is a prime commercial lot or not. Briggs: My only question is the whole aspect of flexibility vs. constraint relative to how we have it. In this area, Councilor Member Braid touched on this point, we don't have a lot of geography or a lot of area for commercial development. Yet, I want to be sensitive to the flexibility point. Coming forward with your recommendation, clearly the Planning Commission saw it as appropriate. Could you share your comments on balancing flexibility vs. constraint relative to this proposed change for this one area? McCabe: The flexibility that would be provided is that the Council might see it or the Planning Com- mission/staff might see it as it comes through that a certain parcel is a prime commercial lot, but the developer might have the opportunity to demonstrate through traffic counts or soil conditions or other means that it might not be a prime commercial lot, and it might be more appropriate for another use. As the properties from the Traditional Town Center come in the downtown area sometime in the future, it may not make as much sense to have a first -floor commercial component. Briggs: I will be supporting the motion presented and the reason for my support is that it is very consistent with where the Economic Development Authority (EDA) and quite honestly it was sur- prising to me that this area did not comport or align with some of the downtown zoning. To me it makes right what had been missed. Also, it underpins the importance of providing services to our community. The one thing in gap studies as to what we do and do not have that has our citizens driving to adjacent cities is many of the services. When we talk about commercial use, there is a number of things that can fit and provide additional amenity. Burkart: Very respectfully, I am going to go against the trade winds here. I think we are a real developer friendly community. One of the things that does that for us is that we don't have a heavy regulatory environment. That is a positive thing. I don't like a detailed, regulatory environment. Our historical perspective is the previous town center rule that we had, the reason I brought that up, is because eventually it was negated. It was too detailed. Free market is very complex and dynamic 5 08 012022 City Council Meeting Minutes and ever changing. We need that flexibility. I think the staff need the flexibility so that when someone calls, they are able to work with them in the environment of meeting the developer where they are at and meeting that space in our community for where it's at. My feeling is the best option is a broad framework. I am not sure that in some of these spaces the first -floor commercial is going to entirely make sense. I look at West Avenue and 21, just to the East of that we have Prior Lake revival #1 and we are trying for Prior Lake revival #2 and they are having difficulty finding tenants. I am okay with the Gallery Apartments going in without the first floor commercial there. It doesn't seem like a spot that is terribly conducive to commercial to me. That makes it very difficult on the developer to raise money both from the bank and the private capital sector to have that kind of space, 60% of their first floor, set aside for commercial. That is a different game then residential all together. Also, we have members of our community that have made significant investment in Prior Lake revival #1 and forthcoming to next door that would not like that competition in that area. There is already commercial right there that we have difficulty filing. The diverse tax base, I haven't heard any one talk about that and perhaps that is good. We are going to really struggle in this community to get our commercial tax base up over 6-7% of our overall tax capacity. I have always felt that is a bit of a miss because a correction to either residential or commercial in the economy is going to be across the board. There really isn't protection in a diverse tax base. I think these projects should be ad- dressed case by case by our staff, Council and Planning Commission. In the immediate future, I think short term and midterm going forward for the next two years, as I mentioned in our work session, are going to be very unique years for our country. Economically speaking. I think we should be conservative about how we go about doing things as we will need every tool, we have to attract developers. I think if you are truly business friendly, you will show that by decreasing the regulatory environment not increasing it. I would urge the Council to vote against the motion. Braid: The Economic Development Authority (EDA) did review this and did review this with devel- opers, and one particular developer thought this language and permitting was the best way and the most business -friendly way for the city to still maintain some type of control into what we would like to see in our downtown, but also would encourage investment. It wasn't lost upon the EDA, and I had similar concerns. It has been well reviewed and thought through to get us to this point. I wanted to provide that context that it is well thought out and having a diverse tax base in a recession as we have seen in the past does make a difference as it hits residential and commercial at different times. MOTION BY BRAID, SECOND BY THOMPSON, APPROVING ORDINANCE 122-10 AMENDING PRIOR LAKE CITY CODE 1122 AND RESOLUTION 22-095 FOR PUBLICATION OF SUMMARY OF ORDINANCE. VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x ❑ ❑x ❑x Nay ❑ ❑ ❑x ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 08 012022 City Council Meeting Minutes 9B. Approval of an Ordinance Establishing a Moratorium on the Sale of Hemp Derived THC (Tetrahydrocannabinols) and Resolution for Publication of Ordinance Establishing Morato- rium City Manager Wedel presented the item to Council. Briggs: I have had a number of discussions with fellow Cities and Mayors who are evaluating mor- atoriums. The consensus is while products were on the market previous to this legislation, dare I say unbeknownst to many, the concentration of THC in these products that were freely available was essentially not regulated. To the extent with what was passed by the house and the senate and ultimately signed by the Governor, did put limits on the concentrations on what these products could hold. And yet, there was silence in regard to licensing, how the products would be marketed, what testing would or would not take place to determine that the concentration was as labeled or indeed what were delivered. Also, any potential funding to provide those oversight agencies. The legislature in what was passed left some things out, and those become the items of discussion. Absent those things being included, by Statute it leaves them as open-ended items for a City/Mu- nicipality. What would we need to tend to absent State or other Federal oversight? That is where I say let's hit the pause button. There are representatives now looking at what was passed and they themselves have stated that there were some things missing. I would fully anticipate when legisla- ture meets in January 2023, one of the first items that they are going to look to do is patch up some of the things that are missing in this piece of legislation. The potential for that occurring as the city undertakes questions on how we would license, what compliance checks, where would we allow for sale, we can undergo those questions ourselves and at the same time when the legislature returns, I would suggest we will see additional direction coming from the State level. I would like to compliment the legislature on, is the local authority/choice that was granted. As we see some of the draft legislation more broadly stated around THC, no such local authority or local control was even included in some of that draft language. We heard in certain states where THC is legalized, where local authority was granted, indeed many cities did take that opportunity to send a fairly strong message relative to the public safety of our community. I will be supporting a moratorium on these items to provide our city, our staff the opportunity to answer some of these questions. As well as to give the state legislature, when they reconvene in January, the opportunity to fill in some of the missing pieces. Thompson: I would like to reach out to the legislature and the state to see this overturned. I have heard a lot of stories coming from states that have legalized THC and there are massive amounts of problems in those states since they have legalized. I would not look to someone to say hey how are you going to make this better, I am going to look to see how it can be overturned. We do not know enough about this, we do not know what this is, we do now know the implications. Let's learn all of that first, before we even legalize it. That is where I would stand. Burkart: I got a sense that this was a bit ramshackle in St. Paul and was pushed through without adequate homework. Ultimately, was a bit of surprise to many of us that are down the pipeline on this. I am uncomfortable with it. I agree with the comments. I don't think the sale of these types of items in other states is really creating a positive environment and I would like to see it overturned and reversed. 7 08 012022 City Council Meeting Minutes Braid: This isn't a ban from the city standpoint, this allows us time to digest and process what the state has passed. Without having some of the navigational buoys for cities and counties you are going to have 853 different regulations from the cities and multiple counties. I believe it is prudent to give the state a chance to put some guidelines together or to overturn vs. the city spending time and money into the regulation and enforcement component of this only to have it change in 4 to 5 months. I will be in support of this tonight as well. MOTION BY BURKART, SECOND BY CHURCHILL, APPROVING AN ORDINANCE 122-05 ES- TABLISHING A MORATORIUM ON THE SALE OF HEMP DERIVED THC AND RESOLUTION 22-096 FOR PUBLICATION OF ORDINANCE. VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. REMOVED CONSENT AGENDA ITEMS No items were removed. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS Wedel: The city released a press release earlier today announcing the coming retirement of our Police Chief Steve Frazer. Chief Frazer has been with the city for over three years now and he has really brought a new level of stability and positive culture to our department. In my role as city manager, he has been my rock and taught me so much about policing and been immensely help- ful. His retirement should be celebrated, as he has had an exemplary career of over 34 years in police service not only here but in St. Paul and in Ramsey County. Churchill: Chief Frazer, has been a positive influence on the city and we will miss him greatly when he retires. 7/21 Live Learn Earn steering committee and Park Advisory Committee meeting, 7/25 Planning Commission, 7/29 agenda review, 8/1 Mobility Management Advisory Committee Braid: Numerous residents calls on THC Moratorium, boat ramps, water levels. 7/29 agenda re- view. Comment to Chief Frazer, you have done an excellent job at our police department. You have helped bring our police department and our community together and you have managed to do this navigating in a very difficult time for law enforcement, which is probably an understatement. You have done all that with a servant leadership mindset that is refreshing and represents the best of policing. I wish you well, and I hope you enjoy your time in retirement. Thank you for your time, talent and service and you will always have a home here in Prior Lake. Burkart: Several MVTA meetings, Suburban Transit Association Meeting, HWY 169 Coalition Board meeting. Reminder with the State Fair coming up - take the MVTA bus for $5 from the South- 8 08 012022 City Council Meeting Minutes bridge station. Comment to Chief; First, Congratulations on a well-earned and well -deserved retire- ment. In a world that is filled less and less with positive and optimistic opportunities, tonight was a good example because of your leadership there is a lot of positivity here. I really feel like they broke the mold with you as far as a typical police chief. You are so compassionate, thoughtful and kind. It has been enjoyable to work with you for too short of a time. I wish you well in the future. Thompson: 8/1 agenda review. Chief Frazer, I remember when you came here, I believe the police department did not trust or feel kindly toward the Council. In your years here, in a very short period of time, you completely turned that around. I am happy for you. Briggs: We still have 4 months until Chief Frazer's official retirement. I do want to say that in the short time I have been on the Council we have had four police Chief's. The fact that we had this recognition and promotion from within that we saw earlier in the Council meeting tonight to ensure that with transition we will have the culture continue forward. I will miss you personally, I can't thank you enough for the friend you have become to the city. On behalf of all of us in Prior Lake, thank you for taking the helm of our public safety needs, leading us through those challenging waters that we have had, all the while developing and building your department. We are far stronger today then we were three short years ago. Thank you for seeing us through. One last comment, tomorrow night is Night to Unite. I want to thank our police department- 29 different neighborhoods signed up for this event for us to stop by. We will see our commUNITY tomorrow night. Wedel: Echo the mayor's comments on Night to Unite and look forward to connecting with our residents. OTHER BUSINESS None. ADJOURNMENT MOTION BY THOMPSON, SECOND BY CHURCHILL, TO ADJOURN THE MEETING AT 8:16 P.M. VOTE Briggs Thompson Burkart Braid Churchill Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. Respectfully Submitted, Jason Wedel, City Manager 9 08 012022 City Council Meeting Minutes