Loading...
HomeMy WebLinkAbout04(A) - Approval of the April 17, 2023 City Council Meeting Minutes Report ITEM: 4A CITY COUNCIL AGENDA REPORT MEETING DATE: May 1, 2023 PREPARED BY: Heidi Simon, City Clerk PRESENTED BY: Heidi Simon AGENDA ITEM: Approval of the April 17, 2023 City Council Meeting Minutes RECOMMENDED ACTION: Approval of the April 17, 2023 City Council Meeting Minutes as presented. ALTERNATIVES: 1. Motion and second to approve the April 17, 2023 City Council Minutes as presented. 2. Motion and second to review or revise the April 17, 2023 City Council Minutes. ATTACHMENTS: 1. 04 17 2023 City Council Minutes 2. 04 17 2023 Public Presented Item City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES April 17, 2023 1. CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Braid, Burkart, Churchill and Lake. Absent: None. Also in attendance was City Manager Wedel, City Attorney Kendall, Police Commander Olson, Executive Assistant Schroeder, Public Works Director Brotzler, Community Development Director McCabe and Finance Director Erickson. Mayor Briggs: Noted information regarding agenda item 9B information that had been circulating to add boat slips, which was inaccurate. 2. PUBLIC FORUM Stan Kempton, 6750 Rustic Road SE: Here to discuss Waters Edge Marina and their request. I was in attendance in November, and the Council noted that they would not extend their dock request for another season. A few days ago, found out that it was back on the Council agenda for 2023. Most residents don’t get online for advance notice of Council items, so we get caught off guard when these issues come. The misinformation is unfortunate, but there is a history that predates most of the Council members. There is a history of deception of the Oakland Beach Association, Manor Association and Waters Edge Marina. When Waters Edge attempted to extend the 50 boat slips, they did not inform the community. I am requesting that you deny their request. The question of special consideration is that when the water levels go down it affects everyone. So why is there special consideration for the Waters Edge Marina? When it was approved last May, the Waters Edge Marina did not follow the plan. To my knowledge, the Council was not aware of that. New approval was not given. Instead of going straight out, they went out to the left. Waters Edge Marina wants special consideration but won’t give the same special consideration to the neighbors. Janet Misgen, 6730 Rustic Road SE: Spoke last November stating I could swim over to the dock that they wanted to expand. They are very close. It was stated clearly in the November meeting that no one owns the surface of the water. As Stan mentioned, we have been in Prior Lake for over 35 years. We experienced the 1988 drought, and we had to adjust. We are taxpayers, we are residents of Prior Lake. I know the Water’s Edge Marina owners are not residents. Of course, they would like to expand and receive as much revenue from the property. They are impacting the bay. One of my concerns is that we barely had any notice about this meeting therefore I am feeling unprepared. I feel like as an adjacent property owner, I would like direct notification. If the surface water of the lake went down, we would have to ask the Marina’s permission to cross their water way. I would like to research how their presence affects my use of Boudin’s Bay. I am opposed to adding more boat slips, even on a temporary basis. 1 Renee Schmid, Owner of Waters Edge Marina: The request is to allow a temporary extension of the dock. This is not a request to add more slips, contrary to the petition that was circulated over the weekend. Even with snowfall this past season, as of today our first 18 slips have less than 15” of water. You cannot put a boat in those slips, you cannot back a boat out. This will affect our ability to operate our business. The water was so low last fall that contractors who run barges in and out could not get through the channel. We are a small family-owned business. The 36-foot dock extension we put in did not go in until August last year. This caused customers to damage their watercrafts due to low lake levels at the docks. We are looking for your support. Since the ice went out last week, and we are expected to be operational by May 1 we have a short window of time to figure this out. We hope that the lake levels increase, but in the meantime, we have to make dock repairs and conduct inspection. Without this extension, we need to refund our customers, which affects our business revenue. In the past we have reached out to the adjacent communities to coordinate a discussion with no response. Burkart: Tell me about your client base at your dock; how many are boat club members and how many are private citizens? Renee Schmid: Boat club runs 20 slips and 30 individual renters. Ron Hocevar, Scott County Attorney: Introducing himself and he is available to Prior Lake for any county issue that comes up. Noted crime in Scott County is down overall and we have a great relationship with the Prior Lake Police Department. Ron passed out his business card to the council. Ken Misgen, 6730 Rustic Road SE: The way I understand it, Waters Edge Marina increased the number of slips added in order to get more slips because the slips near the shore did not have access. With the water from Spring Lake to Prior Lake increasing, and the rainfall increasing the water level as well as their dredging last winter for the slips close to the water; when is the date that the Council would vote on allowing those slips to stay? Seems like it would make more sense to wait until spring is over to decide. Shelley Schmokel, 14872 Estate Ave: Here to understand what your boat club is in regard to this resolution. Waters Edge Marina stated they provide 20 slips to the boat club; in pulling up the fleet sheet, they state they have 53 slots at that location. Cynthia Kempton, 6750 Rustic Road SE: She looks directly at the docks and was not an issue until last year when it was significantly extended and pushed to the left. This made our passage out of our dock difficult. We found out about this meeting on Saturday, we talked to our neighbors and received signatures from citizens that were interested in and against this extension. I will provide a copy to the Council. (This item was provided to the Council on 4/17/2023 and is attached at the end of these minutes) Dan Schmid, Owner of Waters Edge Marina: We are not asking for more slips, we have had 50 for the last 13 years. The city has a topographical map of the entire bay. Our dock sits in conformity with what was approved, leaving plenty of room for navigation. To clarify about the boat club, they only have 20 slips and that has remained unchanged for many years. 2 04 17 2023 City Council Meeting Minutes Briggs: Was there any dredging that took place last year? Dan Schmid, Waters Edge Marina: We did not dredge. We were approved to dredge, we tried to dredge and the warm weather in February halted operations when Scott County implemented their restrictions with hauling therefore our contractor was unable to get the equipment to our site. Again, there has been no dredging done. Janet Misgen, 6730 Rustic Road.: Apparently there was an extension to meet and have a discussion with Water’s Edge Marina, we did not hear about it. Clarified the homeowners association does not include those who live on the water, it only includes those who are off the water so they can have access to the lake. Wedel: Addressed comments regarding the notice of this approval at the Council meeting. The city does not provide notice to the surrounding citizens to extend the dock, if it was to add slips it would have triggered a notice to the property owners. As homeowners you don’t have to ask for an extension to adjust your docks, you just have the right to do that. There are associations that have docks by permit, that do need to consult the city for an extension into deeper water to make them usable. That is what is being discussed this evening therefore that does not trigger a public hearing or public notice. If it was an expansion of their use, every property owner surrounding would be notified. Their current number of slips that they are permitted for is 50, and that was approved in 2011 by the DNR as they were the approving authority at that time. This authority now lies with the City. No addition of slips is being considered this evening. Questions regarding the lake levels will be answered by Director McCabe. Briggs: Under extension, we heard comments that where it was permitted to be was not where it was. Can you summarize? McCabe: The comment related to the direction of the dock, when the applicants applied last May and received approval of the extension the exhibit that was shown to the Council was one drafted by staff and not the applicant. When they extended it, it was slightly offline from the image that was shared but it was not from Waters Edge Marina. Wedel: If the lake levels come up, the permission for extension is only granted for this season. We would not ask them to pull it back if lake levels go up, it would be good for the entire season. Each October it would have to be requested for the following season. Briggs: Heard comment regarding potential deception and lapse in communication. Attempting to identify leadership in these homeowners’ associations is difficult. Also, the fact that the homeowners on the water are not in an association which provide difficultly with notification. Wedel: We will take that under advisement for the future. 3 04 17 2023 City Council Meeting Minutes 3. APPROVAL OF AGENDA MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE THE AGENDA AS PRE- SENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 4. APPROVAL OF CITY COUNCIL MEETING MINUTES A. Approval of the April 3, 2023, City Council Minutes MOTION BY BURKART SECOND BY BRAID, TO APPROVE THE APRIL 3, 2023, MEETING MINUTES AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 5. CONSENT AGENDA A. Approval of Claims Listing B. Approval of Treasurer's Report – January 2023 C. Approval of Treasurer's Report – February 2023 D. Resolution 23-65 Accepting 1st Quarter Donations and Grants E. Approval of 2022 Preliminary Year-End Financials F. Resolution 23-66 Approving 2023 Municipal State Aid Street System Revisions G. Resolution 23-67 Authorizing the Purchase of the Traffic Signal for Fish Point Road Phase 3 Intersection Improvements (CP 2023-03) H. Approval of a Request from Island View 1st Addition HOA Related to Dock Slip Placement I. Resolution 23-68 Approving the Purchase of Emergency Siren Replacements J. Approval of the March 2023 Building Permit Report K. Approval of the March 2023 Animal Control Services Report MOTION BY BRAID SECOND BY LAKE, TO APPROVE THE CONSENT AGENDA. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 4 04 17 2023 City Council Meeting Minutes Burkart: Thanked Shakopee Mdewakanton Sioux Community for their first quarter donation of $300,000. Lake: Also extended his gratitude to the Shakopee Mdewakanton Sioux Community for their dona- tion. 6. PRESENTATIONS 6A. Police and Fire Presentation Fire Chief Steinhaus and Police Commander Olson presented the item. 7. PUBLIC HEARINGS A. CH 21 CH 87 170th Street Construction Project (CP 2020-29) – Public Hearing to Consider Adoption of a Resolution Ordering the Improvements City Manager Wedel presented the item to the Council. Public hearing opened at 7:46 p.m. by CHURCHILL seconded by LAKE VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ No comments. Public Hearing closed at 7:47 p.m. by LAKE seconded by CHURCHILL VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE RESOLUTION 23-69 th ORDERING THE IMPROVEMENTS to CH 21, CH 87, 170 STREET CONSTRUCTION PROJECT (CP 2020-29) VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 5 04 17 2023 City Council Meeting Minutes 8. OLD BUSINESS None. 9. NEW BUSINESS A. Resolution Authorizing the Competitive Negotiated Sale of General Obligation Bonds, Se- ries 2023A Finance Director Erickson introduced the item to the Council. MOTION BY BURKART SECOND BY BRAID, TO APPROVE RESOLUTION 23-70 AUTHORIZING THE COMPETITIVE NEGOTIATED SALE OF GENERAL OBLIGATION BONDS, SERIES 2023A VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ B. Resolution Approving a Request from Waters Edge Marina related to Dock Slip Placement Community Development Director McCabe introduced the item to the Council. Briggs: Asked for the rationale for October 15 of each year verses January 1. McCabe: In conversation with the property owners, a date being decided in the spring is too late in the season as the marina and the watershed district need more time to prepare. Picking a date in the fall not only allows the gauge in the lake to measure the levels but provides ample notice. Briggs: The visual on the dock placement in this item, is that a 2022 contemporary imagine? McCabe: This photo is from 2020. We do have 2022 aerials, but it is not included. Briggs: Is this the location that this dock system is in, and does it allow for navigational space? Renee Schmid: The only change on the dock is at the very end the T section had to shift to the left due to the water on the north end being shallow. We can’t impede navigation, that is part of the DNR requirements. We shifted slightly; Dan will give more information. Dan Schmid: It goes down to an elevation of 894 to the South and the West. We moved that end 24’ this way, width is 250’. From a percentage standpoint it’s not that far off. Briggs: Then this visual is not accurate, but by shifting that it gave relief to the North. Stan Kempton: The whole green section is shifted downward in the picture. Briggs: Would like an image that accurately depicts the current set up. 6 04 17 2023 City Council Meeting Minutes Braid: There are currently boat lifts on the property down there, is that part of the permit? Are they allowed to have those lifts there? With the conditional use permit, is there additional language we can add about notification to the neighboring property owners should we decide to approve. McCabe: If the request was to extend the dock to add slips it would require a notification within 350 feet of the Water’s Edge Marina and would have a public hearing at the Planning Commission. This extension does not require notice. I am unsure what the lifts are or who they belong to. My under- standing is the boats are just at the dock. Braid: Are the boat lifts there for business or storage? Dan Schmid: Four or five are owned by a customer who lost their place of business last year and needed a storage spot for the year, will be removed in the next week. Braid: Is this a new revenue stream and is this going to be allowed next year? Dan Schmid: No, we do not charge, and he found a new place for storage. Braid: Noticed that there were excavators on site, looked like they were excavating towards the front of the dock. Is that for dredging? Dan Schmid: Correct, those were for dredging that did not occur. Braid: No dock excavation, correct? Dan Schmid: Correct, they tried to remove the snow so the frost could build up, but they got stuck in the snow. Briggs: Noted this image is not how it is actually setup and wants to have direction. McCabe: Property owners stated that they are in a time crunch to know if that extension needs to be removed. If the approved configuration is similar to what is shown, we can do some quick meas- urements on distances from neighboring docks. The Schmid’s were referring to the navigation. If the Council wanted to approve this exact configuration, we will require them as staff to have this centered at the end of their dock extension. Churchill: Last year the extension was only 36’ and I am wondering because its going to be 48’ this year it will allow it to be easier to have a T instead of an L. Dan Schmidt: We don’t have material to add an additional 12’. Lake: The reason for the L is for the shallow waters on the north, correct? Dan Schmid: The 100’ on the end was shifted 24’ south to accommodate deeper water. If that is a concern, we can address it. Braid: Without having the actual visual representation of what we are going to approve, I am strug- gling to approve. I think certain liberties were taken on the last approval. Would like better visual representation. Better communication with the neighbors should be attempted. Burkart: The docks are out, and they are in the current position. Last year when I drove by and first saw the change to the docks, I noticed it was not what I thought I had approved. Disheartened by 7 04 17 2023 City Council Meeting Minutes that. Last year the lake level was 900.2 and it is currently 899.9. We have 9 inches to go. It seems premature to me as I think we have a lot more watershed coming into the lake. I do not feel like we have accurate information. I would like this to be tabled and revisited at the May 1 meeting and reassessed at that time. Briggs: Requesting staff to provide an updated visual of what we would be approving. st Churchill: The Marina will need to put boats in on May 1, this is potentially unfair to them to make them wait until its too late. Burkart: Wants to wait and see where the water levels will be at in a few weeks to make a better decision. MOTION BY BURKART SECOND BY BRIGGS, TO TABLE THE RESOLUTION AUTHORIZING THE REQUEST FROM WATERS EDGE MARINA RELATED TO DOCK SLIP PLACEMENT RE- QUESTING AN ACCURATE GRAPHIC VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 10. Removed Consent Agenda Items None. 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS Lake: 4/7 SCALE Executive, 4/14 SCALE General, 4/14 Agenda Review Churchill: 4/12 Chamber of Commerce Business, 4/14 SCALE General, 4/14 Agenda Review Burkart: 4/6 HWY 169 Corridor Coalition, 4/10 Suburban Transit Association, 4/10 Scott County Planning Advisory Commission, 4/12 HWY 169 Corridor Coalition, 4/17 MVTA Management Meet- ing and Agenda Review Braid: 4/10 Scott County Planning Commission, 4/11 Prior Lake Snowmobile Club, 4/17 Agenda Review Briggs: 4/10 Regional Council of Mayors, 4/10 Scott County Planning Commission, 4/13 Met with Governor Walz, 4/14 SCALE General 12. OTHER BUSINESS None. 8 04 17 2023 City Council Meeting Minutes 13.ADJOURNMENT MOTION BY LAKE, SECOND BY CHURCHILL, TO ADJOURN THE MEETING AT 8:18 p.m. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Respectfully Submitted, Jason Wedel, City Manager 9 04 17 2023 City Council Meeting Minutes Oakland Beach Association Name:Address: 6 zzo Susf/a taKerv frt'aru Jn*r ktuSfutzt) Trere;q Aus/o-, J Jiretr^ -feG-] tt 1 fl" Signature: ,6.*d '/vrz?:*-z'n4",Z *- lM,lq L^t 0or flrs hG //(t( btt3 (3o"1;n1] l'l8S,l tbrt+ -l-rl 51 l",tt t tlh$ fliJ1tVvU1 llAriltz t ,ltl Su"^ (**-p-{o'-. d, A*d*to^ fr^trw'" #.q /r-z s- ?.-*m Ed, hgt , buli'n S+ tYf, tl -e4 1l lt aftw Nz- l|"tq,> 6l<.^l.L< Ava Sc Z4' l.//Yv1--y\---,,' (r r,"1 {}..y).,-^",-Ck;t S""rt k1c,, {\t-*^- f0\rt,'- {5r r,", 6o\ v t,'-' .4,,- ky k^pt"- *{ Z- tLlLtlL 6tut*t^- A"^ )€ \"1n(l tnn,okk',1$t t'{8ttt v^J7r< +"\ S1 fa1a Y"'+'c;z'J'-' 'l fir*n'1nSl' Ao\* So *Sara.ru 0*-fz) 71 fu? 5r Purslrc U S€ c-t 51 A-q Lt r[b{ A bbq{ ffusltut4,Se LQzr k@+c PrE (nso Pa,usnL Pd.SB pno,r VaW, MN 66t /-zl< r,,/:t- /z;,4 hL, *'n qlUS sa$h'c P/ SL Pt titt La.L, rnlv C 7)t (rs7rc Oakland Beach Association Name:Signature: ,fnt* t4/4gk^24,f-/'- ebber'g V, ATL {F-r- 6606 Po tr!c- lL-D 5L tYtor 0to1 tlvtJv UshL 8l St 615 >L, NPr Vat4v-uffir,u /ni/t (u/o,t^ ln/d..?1 lzqff Address: Q---e l,roo_cus l+oppr]- C,f"J"-, )G''{"^ M