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HomeMy WebLinkAbout04(A) - Approval of the May 1, 2023 City Council Meeting Minutes Report ITEM: 4A CITY COUNCIL AGENDA REPORT MEETING DATE: May 15, 2023 PREPARED BY: Heidi Simon, City Clerk PRESENTED BY: Heidi Simon AGENDA ITEM: Approval of the May 1, 2023 City Council Meeting Minutes RECOMMENDED ACTION: Approval of the May 1, 2023 City Council Meeting Minutes as presented. ALTERNATIVES: 1. Motion and second to approve the May 1, 2023 City Council Minutes as presented. 2. Motion and second to review or revise the May 1, 2023 City Council Minutes. ATTACHMENTS: 1. 05 01 2023 City Council Minutes 2. 5-1 Public Provided Documents City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES May 1, 2023 1. CALL TO ORDER Acting Mayor Braid called the meeting to order at 7:00 p.m. Present were Councilors Burkart, Churchill and Lake. Absent: Mayor Briggs. Also in attendance was City Manager Wedel, City Attorney Kendall, Police Chief Duggan, Planner Matzke, Community Development Director McCabe, Parks and Recreation Manager Hart and Clerk Simon. 2. PUBLIC FORUM Wilson Edwards & Chris Berry, Minnesota Youth Rugby - Partner with the NFL football and Rugby league with the State of Minnesota hosting a youth event. Similar experience to being drafted with the NFL. Free event, lots of free items. Viking coaches will be there with mascot. Looking to introduce as many kids to rugby as possible. All information about this event is on website. Bob Miller, 14359 Waters Edge Trail NE- Here to discuss the dock extension being proposed at Waters Edge Marina. Water level is slowly rising, hoping at some point we can rescind the dock extension. In the original resolution, Mr. McCabe discussed having the authority to make this deci- sion on dock extensions. Concerned with that, would like it to stay with council. Lynette Horkey, 14474 Enclave Court NW- Here in support of Waters Edge Marina. Rent an individual slip for the last 12 years with Waters Edge Marina. The lake and the access are great amenities, please grant them access to extend their dock. Lots of misinformation being spread around. Dan Schmid, Owner Waters Edge Marina - Right now the city has slips at Lakefront and Sand Point and are able to adjust docks based off water level. Same with residents. We pay a significant amount of taxes and would like this similar capability. This year, the dock extension is very im- portant. We would be down at least 7 slips based off the water levels; we would have to let 7 families know they cannot utilize our marina. Have had the same tenants just about every year. Would really like to have your support to continue to maintain the business. Stan Kempton, 6750 Rustic Road SE- Provided item 5F from the May 2, 2022 city council meeting in paper form, as well as the communication about the plan that was approved, and photo of the actual dock that was installed. The dock system that was there before accommodated 50 boats, the dock that was used last year with the extension supported 57 slips. In November, Water’s Edge requested to have the same expansion as a permanent fixture. Also asked for 6 additional slips at that time. I go to the facts, the request for Waters Edge was granted and approved, that same plan was shared with the community, Waters Edge followed their own plan and installed a dock system 1 that was not approved without disclosing. They then attempted to get this permanently approved. How can a dock that is not in compliance with the city of Prior Lake, or the Department of Natural Resources be considered for a continuation in 2023? The city would be required to present to the community the new plan. In light of the way Waters Edge conducted themselves I recommend the city council denies the request. Also request that they remove the current configuration. (The infor- mation Mr. Kempton provided to the City Council is attached to these meeting minutes) Renee Schmid, Owner Waters Edge Marina- Asking for support of the temporary extension of their dock. To be clear, we are not asking for more slips. We are limited to 50 boats; we are in compliance with that. The dock extension that was approved was 48’ and we only used 36’. We didn’t even extend the dock until August of 2022. By the end of last year, we had less than 20 boats in the water due to low lake levels. Without more rain we will be in the same situation. Without the extension we are down at least 7 slips/customers. As of this morning, the water levels are at 900.66. Typically goes down over the summer without rain. We wish we were not needing to ask for this extension. We offered last week to speak with any neighbors or customers, and I have not received anything since the last meeting. Burkart: Not familiar with Waters Edge permit to dredge from the DNR, did you obtain that? That is quite unique as other lakeshore owners don’t have that. What does that allow you to do? Schmidt: Yes, it was approved by the DNR which would allow us to dredge down to make a more navigatible water level. When the water levels got low, we sought the dredge permit through the DNR. Dredging time frames are very strict. We looked at fall and by that time the lake was way too low. They attempted in January, and they got stuck. They delivered their equipment and the county placed road restrictions so no one could haul out the dredged material. Janet Misgen, 6730 Rustic Road SE- Last meeting, Waters Edge Marina mentioned that they contacted someone with the lake association, the property owners on the water are not members of the association. I haven’t heard anything about a potential meeting, no one to this point has extended to us. Even the city has not contacted us about this matter. Curious about the fact that they own property on the lakebed, what is the actual size of that property. Is their dock system contained in that? We purchased in 1987, the first boats in that bay were sail boats. That is what was agreed upon. This has expanded over the year and the DNR does not regulate this marina, as it is recreational. The DNR only does commercial marinas. We never get an official notice when these meetings will occur. I think we should be contacted so we can be prepared. Boudin’s bay is a shallow bay, always has been. 2 05 01 2023 City Council Meeting Minutes 3. APPROVAL OF AGENDA MOTION BY CHURCHILL SECOND BY LAKE, TO APPROVE THE AGENDA AS PRESENTED. 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 17, 2023, City Council Minutes MOTION BY LAKE SECOND BY CHURCHILL, TO APPROVE THE APRIL 17, 2023, MEETING MINUTES AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. 5. CONSENT AGENDA A. Approval of the Claims Listing B. Approval of 1st Quarter Financial Report C. Approval of Treasurer's Report - March D. Approval of 1st Quarter Investment Report E. Resolution 23-71 Authorizing the Receipt of Quote and Award Contract for Well 5 Rehabilitation Project MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. 3 05 01 2023 City Council Meeting Minutes 6. PRESENTATIONS 6A. Proclamation to Declare the Second Week in May 2023 as Youth Appreciation Week City Manager Wedel presented the item. Recess called at 7:31 pm Meeting reconvened at 7:34 pm 7. PUBLIC HEARINGS A. Resolution Approving Vacation a Drainage and Utility Easement at 16080 Simms Court SE Planner Matzke presented the item to the Council. Public hearing opened at 7:37 p.m. by BURKART seconded by CHURCHILL VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. No comments. Public Hearing closed at 7:38 p.m. by BURKART seconded by CHURCHILL VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. MOTION BY BURKART SECOND BY LAKE, TO APPROVE RESOLUTION 23-72 APPROVING VACATION A DRAINAGE AND UTILITY EASEMENT AT 16080 SIMMS COURT SE VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. 4 05 01 2023 City Council Meeting Minutes 8. OLD BUSINESS A. Resolution Approving a Temporary Dock Slip Placement for Waters Edge Marina Community Development Director McCabe presented the item to the Council. Churchill: Isn’t there a fourth option- approving the extension for this year but not approving staff to approve? McCabe: Yes. They are two separate approvals. Lake: Is the permit based on boat slip or watercraft? McCabe: The language in the permit states 50 watercraft, with dimension limitations. Braid: When I read the permit, dock with slips for 50 watercrafts. I am reading that as 50. I know there were changes made from what was approved. I do understand them shifting the end of the dock, but did they make you aware of that change? And noting that there were 56 slips even if some were not being used. McCabe: They did not make me aware, but they interpreted that as if were only housing 50 water- crafts they were not in violation. Braid: If the water were to come up to 903, they would have more slips than 50. The permit would limit the use to 50 but would require someone to monitor compliance. Burkart: Are you aware of anyone else on the lake that has a DNR permit to dredge? McCabe: No. Braid: If a new permit were to come forward now at this same lot, would it make the approval to add 50 slips? McCabe: This lot would not meet the requirement, there would be a conditional use permit that would need to occur. I am not sure exactly how many slips would be approved. Braid: Is the city responsible to ensure they have navigable boat slips? McCabe: The city does not have that responsibility. Burkart: The city council considered a request to extend the dock permanently in November, how- ever we decided it was premature not knowing what the lake levels would be. Elevation this morning 900.66 and is continuing to rise. If the lake continues to rise the need to extend the dock would have dissipated. They have the means to dredge; other lake owners do not have this option. Also, they are not in compliance with the 50 boat slips. Others on the lake would not be able to do this. The applicant took liberty with the layout last year. This is learning for both staff and council. This 5 05 01 2023 City Council Meeting Minutes system is in a narrow bay, surrounded by citizens. This system dominates the entire bay. I can’t out of good conscience continue to extend the dock. Regarding authority, I am not in favor of delegating this to staff. Lake: As I have been wrestling with this topic the last week there are things I want to discuss. Everyone on the lake should have access to navigable water. As I learned more information, a few issues arose that triggered other principles. The way this was done was a problem, there is a pro- cess and that was not followed. The second principle was that there are more slips than the permit allows, so if the water does rise then those extra slips do become usable. Who is going to monitor that? Churchill: Respectfully disagree, I reviewed the paperwork and read through everything. My thoughts have been it worked okay last year, and in order for this business to conduct business for next year they need us to help them out. I think we should grant the extension so they can have their business work for them. The impact on the neighbors was not that drastic. When the water level is low, we all have to work together to make it work for everyone. Braid: Wrestled over this one quite a bit. This council has always been pro-business. We are cur- rently at a decent lake level. For me I am uncomfortable with the fact that there are 57 slips vs. 50. It shouldn’t be up to the city or the neighbors to monitor. I think the applicant should investigate the option to dredge. MOTION BY BURKART SECOND BY LAKE, TO DENY RESOLUTION 23-73 APPROVING A TEMPORARY 48-FOOT EXTENSION TO THE WATERS EDGE MARINA DOCK IN BOUDINS BAY FOR THE 2023 BOATING SEASON AND STAFF AUTHORITY TO APPROVE DOCK EX- TENSIONS VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☐ ☒ Nay ☒ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion was denied. 9. NEW BUSINESS None. 10. Removed Consent Agenda Items None. 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS Lake: 4/18 Street Project meeting in the Wilds, 4/20 Community Engagement Committee, 4/28 Agenda Review Churchill: 4/25 Local Advisory Mental Health Council, 4/28 Agenda Review, 5/1 Mobility Manage- ment Advisory Meeting 6 05 01 2023 City Council Meeting Minutes Burkart: 4/18 Highway 169 Annual Membership meeting, 4/20 Orderly Annexation Meeting, 4/26 meeting with Coalstar for interview on Prior Lake, 4/26 Tour Electric Bus, 4/26 MVTA Board of Directors Meeting, 5/1 MVTA meeting and Agenda Review, Numerous calls on Waters Edge dock extension. Braid: 4/20 Annexation Meeting, Numerous calls on road construction, 5/1 Agenda Review. Briggs: Absent. 12. OTHER BUSINESS None. 13.ADJOURNMENT MOTION BY CHURCHILL, SECOND BY LAKE, TO ADJOURN THE MEETING AT 8:13 p.m. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☒ ☐ ☐ ☐ ☐ The motion carried. Respectfully Submitted, Jason Wedel, City Manager 7 05 01 2023 City Council Meeting Minutes