HomeMy WebLinkAboutAgenda and Minutes
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
August 4, 2008
6p.rn.
City Hall
Council Work Session
Conservation Initiative Status Report
4:30 p.m.
This meeting is open to the public.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE
2. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address
concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to
be considered as part of the Council's regular agenda may not be addressed at the Public Forum.
Topics of discussion are also restricted to City governmental topics rather than private or political
agendas. The City Council will not take formal action on issues presented during the Public Forum.
3. APPROVAL OF AGENDA
4. CONSIDER APPROVAL OF JULY 7, 2008 MEETING MINUTES
5. CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or
member of the public specifically requests that an item on the Consent Agenda be removed and
considered separately, Items on the Consent Agenda are considered under one motion, second and a
roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda
as a separate category.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval of June and First Half Building Permit Reports.
D. Consider Approval of June and Second Quarter Fire Call Report.
E. Consider Approval of a Resolution Extending the Deadline for Submittal of a Final Plat for Golden
Pond.
F. Consider Approval of a Resolution Authorizing a Special Hunt for Coyotes on the Vierling
Property.
G. Consider Approval of a Resolution Authorizing Funding for Asbestos Abatement and Soil Testing
for Properties at 16318 and 16328 Main Avenue.
H. Consider Approval of Election Judge Appointments for September 9,2008 Primary and
November 4, 2008 General Elections.
I. Consider Approval of a Resolution Accepting Grant Money ($1,500) from the University of
Minnesota for the Purchase of Anti-icing Equipment.
J. Consider Approval of a Resolution Approving a Joint Powers Agreement with the City of St. Paul
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
for the Republican National Convention.
K. Consider Approval of: 1) An Ordinance Amending Section 605 of the City Code to Include
Provisions Relating to Noise; and 2) An Ordinance Amending Section 903 of the City Code to
Clarify the Provision for Off-road Vehicles and Combustion Engines.
L. Consider Approval of a Resolution Declaring Costs to be Assessed and Ordering Preparation of
an Assessment Roll for the 2008 Improvement Project, and Establishing the Date of the
Assessment Hearing for the 2008 Improvement Project (Project 08-011).
M. Consider Approval of Temporary On-sale Intoxicating Liquor License for Prior Lake Athletics for
Y outh (PLAY).
N. Consider Approval of a Resolution Accepting a Proposal to Complete the Cardinal Ridge Park
Prairie Restoration.
O. Consider Approval of a Resolution Authorizing a Special Deer Hunt Within the Corporate Limits of
the City of Prior Lake.
6. ITEMS REMOVED FROM CONSENT AGENDA
7 . PRESENTATIONS
A. Update on City of Prior Lake Transit Services
B. Update on Downtown Stormwater Study
8. PUBLIC HEARINGS:
A. Consider Approval of an Off Sale Liquor License for MGM Wine & Spirits.
9. OLD BUSINESS
A. Consider Approval of a Report Regarding 14020 Shady Beach Trail (Monte Giles).
10. NEW BUSINESS
A. Consider Approval of a Resolution Approving an Amendment to the Final Planned Unit
Development for Crystal Bay.
B. Consider Approval of an Ordinance Amending Section 1004, Design Standards, of the City Code.
C. Consider Approval of an Ordinance Amendment to Section 1107.306 of the Zoning Ordinance to
Reduce the Requirements Related to Parking.
D. Consider Approval of Resolutions Relating to Fire Department Acquisitions: 1) Authorizing
Preparation of Plans and Specifications and Solicitation of Bids for One New Rescue Truck for
Deployment at Fire Station No.2; and 2) Authorizing Solicitation of Quotes for Ancillary
Equipment for Fires Station NO.2 and Fire Trucks.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS
A. Community Events.
12. ADJOURNMENT
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
July 7, 2008
DRAFT
REGULAR COUNCIL MEETING MINUTES
CALL TO ORDER
Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City
Attorney Pace, Public Works Director Albrecht, Building and Transportation Services Director Kansier,
Community Development and Natural Resources Director Walthers-Moore, Police Chief O'Rourke, Finance
Director Teschner, Assistant City Manager Meyer, Communications Coordinator Peterson and Administra-
tive Assistant Green.
PUBLIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It
is no longer than 30 minutes in length and each speaker will have a maximum of ten minutes; less if there
are more than three speakers. Topics of discussion are restricted to City government topics rather than
private or political agendas. Topics on the agenda may be addressed except those topics that are part of a
public hearing or public information hearing. The City Council will not take formal action on Public Forum
presentations.
City Manager Boyles explained the concept of the public forum.
Bryce Huernoeller, 16670 Franklin Trail, stated he is an attorney representing Dakota Liquors. Re-
quested the Council to take action in favor of adopting a distance between liquor stores or limiting the num-
ber of liquor stores in the City. Noted that the liquor business is difficult to get into and succeed at. Com-
mented that the store located within the SMSC community should be considered part of the market as they
provide product to Prior Lake clientele and further stated that the number of liquor stores in Prior Lake is
adequate to serve the clientele. Believes that Burnsville's experience with separation ordinance would be a
good model for Prior Lake. Stated that State law allows a city to set limits using ordinance which could limit
the number of licenses, accomplish statutory duty, and balance the availability of liquor with public interest.
Believes that with State laws, City ordinance and the City's Comprehensive Plan, a balance can be found
between availability of liquor and proper controls. Indicated he has a petition signed by many residents of
Prior Lake in support of the requested ordinance amendment and asked the Council to take that into con-
sideration.
Kevin Bresnahan, 14065 Commerce Avenue, owner of Dakota Liquors. Requested amending the ordi-
nance to allow a half-mile radius or more between liquor stores. Stated that Burnsville has eight liquor
stores, but they are spread out. Stated that the Council looks at expansion criteria when considering new
developments and should do the same when considering expansion of liquor stores. Believes that proper
planning by the City for liquor stores would help traffic problems and support the ability to have a small
town atmosphere by helping small businesses make a living. Believes it would be a City benefit to have the
space between liquor stores or to have the number of liquor stores per capita controlled.
Cindy Boegernan, 16731 Hwy 13, owner of Village Liquor, spoke in support of amending the liquor ordi-
nance. Stated that response to requesting people to sign the petition in support of an amendment was
overwhelming. Believes it would help keep Prior Lake small town values to support the businesses that
are already here.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
City Council Meeting Minutes
July 7, 2008
DRAFT
Heather McCaustlin, 6100 Century Lane, owner of Kids Count Daycare. Stated the daycare faces the
back of the building where MGM would be located. Expressed concern about the traffic and clientele that
would go to MGM. Noted that seven school buses come through that area during the day between 9 a.m.
and 4 p.m. and expressed the hope that the Council would consider all of the businesses that would be
impacted by MGM moving into that location.
Dan Saad, 14544 Glendale Avenue, stated he researched and learned that: only class one cities have a
per capita limitation on the number of off-sale liquor stores and all other cities are regulated by the govern-
ing body of the city. Prior Lake has no preset limit. Savage has municipal stores and chooses that for the
control and the revenue. Jordan limits the number of licenses and allows its council to grant or deny li-
censes with no applicant having a right to a license; 226 cities in Minnesota have municipal liquor stores;
and, $4.5 billion is spent annually on alcohol consumption-related issues. Described the number of stores
within a short distance of his home stating he has adequate access to places to shop. Believes the number
of licenses can be limited and believes ordinance should be amended to allow the Council to grant or deny
licenses.
Tony Rosell, 6950 France Avenue South, Ste 210, Edina, is representing the landlord of Northgate Plaza
who has an opportunity to have a long-term, viable and reputable tenant. Stated that the surrounding
communities and consumers will benefit from competition as well as the $300,000 facelift to the building;
and the City will benefit frorn the increased tax and employment base. Stated that much time and energy
has been invested in the project based on the rules of today; and that changing the ordinance would not
keep liquor stores out of Prior Lake, it would only prevent this store from coming to the Northgate Plaza
building.
Bill Righeirner, 14794 Cove Avenue SE, stated he is speaking for himself and his son who resides at
14756 Cove Avenue SE. Spoke on behalf of Dakota Liquors and supports amending the ordinance to re-
quire a half-mile radius distance between liquor stores. Believes that current stores provide broad selection
of product and convenience of access and the City does not need another one. Believes a key decision
factor is the 2030 Vision and Strategic Plan that addresses quality of life and support of local businesses.
Appreciates the great job the Council does of making tough decisions needed for growth of community so
is asking that the ordinance be changed to support the one-half mile distance factor resulting in achieving
the City's stated objectives.
APPROVAL OF AGENDA
City Manager Boyles, advised the Council that the petitioner requested removal from the agenda of Old
Business item, Consider Approval of a Resolution Authorizing Seasonal Parking Along Green Heights Trail,
and New Business item, Consider Approval of an Ordinance Amending Section 307 of the Prior Lake City
Code, Outdoor Event Ordinance, by Adding a New Section 307.302 Permitting Limited Outdoor Entertain-
ment at Restaurants with a Liquor License.
MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE JUNE 16, 2008, MEETING MIN-
UTES AS PRESENTED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
CONSENT AGENDA
City Manager Boyles reviewed the items on the consent agenda.
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A. Consider Approval of Invoices to be Paid.
B. Consider Approval of 2008 Second Quarter Budget Summary Reports and General Fund Overview.
C. Consider Approval of 2008 Second Quarter Investment Report.
D. Consider Approval of Resolution 08-095 Approving Polling Location Change for Prior Lake Precinct
#6B.
E. Consider Approval of Resolution 08-096 Approving the 2008 Prior Lake Outlet Channel Joint Powers
Agreement Payment.
F. Consider Approval of Resolution 08-097 Accepting Bids and Authorizing the Mayor and City Manager
to Execute the City's Standardized Construction Contract for the 2008 Sanitary Sewer CIPP Project.
G. Consider Approval of Temporary On-Sale Intoxicating Liquor License for Prior Lake Chamber of Com-
merce for Lakefront Days.
H. Consider Approval of Animal Warden Report.
Councilor Hedberg requested removal of Consent Agenda item, Consider Approval of Resolution 08-095
Approving Polling Location Change for Prior Lake Precinct #6B.
MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODI-
FIED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Hedberg: Asked staff to review the report for the purpose of public information, and asked if there would
be a change of the Precinct #7 location.
Teschner: Replied that Precinct #7 will be located at Shepherd of the Lake Lutheran Church.
Haugen: Commented that the Precinct #6B location will be outside the City of Prior Lake.
Teschner: Reviewed the precinct location changes of the past few months: Precinct #1 at City Hall, Pre-
cinct #5 to Fire Station No.2, Precinct #7 at Shepherd of the Lake and Precinct #6B at Living Hope Church.
State law requires a polling location to be within one mile of the precinct and Living Hope Church was only
facility that met requirements and is available. Stated that the County will give a 3D-day notice to voters of
the new precinct locations.
Erickson: Suggested the City should put the polling location information in the Wavelength and on the
Website.
Teschner: Agreed.
Erickson: Asked the news media to help get that information out also. Asked if the Crossroads Church
building will be demolished.
Teschner: Replied that the owner advised him it would.
Haugen: Concurred that the building would be removed. Expressed concern about a precinct polling loca-
tion outside the precinct and asked if it is critical to establish this location at this time suggesting that a dif-
ferent location may be available prior to elections.
Teschner: Believes it is critical to get commitment from Living Hope Church for the location now because
it may not be available in the future if Shakopee redistricts its polling locations and wants that space.
Stated he is unaware of any other location that could serve the purpose, but if something different comes
along, the Council could take action to change it to another place.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08-095 APPROVING
POLLING LOCATION CHANGE FOR PRIOR LAKE PRECINCT 68.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
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PRESENTATION
Girl Scout Gold Award
Stephanie Helkenn, Program Specialist of Girl Scouts of Minnesota and Wisconsin River Valleys, gave a
brief description of the scope of the River Valleys Chapter which includes 825 girl and adult members in
Girl Scouts from Prior Lake. Introduced Alexa Ablard, Madalyn Randolph and Lindsey Remick. Devon
Marschall was not present. Helkenn stated these girls earned the Gold Award which is the highest award
that can be earned in Girl Scouting. Described projects undertaken to earn the award. Mayor Haugen
presented each a Certificate of Recognition.
Cornmunity Safety Task Force
Mayor Haugen stated that the Council created a task force and Police Chief O'Rourke reported that the
task force responded to the 2030 Vision Element of a Safe and Healthy Community and was initiated last
fall when the City received notice of predatory offenders moving to the community. Forty-three volunteers
for the task force first met in December of last year to identify critical issues. The task force defined five
issues to address and established subcommittees around those issues to propose actions. O'Rourke re-
viewed each of the issue areas and the task force recommendations applicable to each.
Mayor Haugen requested that New Business item, Consider Approval of Comrnunity Safety Task
Force Report and Directing Implernentation Thereof, be considered at this point in the meeting.
City Manager Boyles described staff recommendations for the top three priorities for each of the five is-
sues.
Millar: Asked for clarification between the charges that can be made for serving a minor alcohol vs. a so-
cial host ordinance and the privacy rights involved.
O'Rourke: Replied that it would be preferable to charge an adult with a gross misdemeanor violation of
contributing to the delinquency or procuring alcohol for a minor. Sometimes there is a problem with doing
so because kids won't say where they got the alcohol. A social host ordinance would allow charges if inci-
dents were happening in an adult's house and the adult knew it; he/she would be subject to arrest under
the social host ordinance.
Millar: Asked how it can be proven that a parent is aware that a minor is in the house with alcohol.
O'Rourke: Related an example of Chaska using its ordinance on a 16-year old who went to his parent's
house with underage friends. The parents were asleep, but the 16-year-old knew that underage people
had the alcohol so the social host ordinance held him responsible for it. Another use of the social host or-
dinance would be in university cities because older-age college kids would be responsible for the under-
age college kids if they know that alcohol use is occurring. The social host ordinance would require evi-
dence to be gathered to prove that the homeowner had knowledge of incidents.
Millar: Stated having an Intoxiclock would be great and offered support of all three recommendations
made by the Substance Use and Abuse subcommittee of the task force.
Hedberg: Expressed gratitude to the members of the task force noting that members were representative
of county, school, churches, etc. - influential people who demonstrated the need to pay attention to these
issues. Commented that it is difficult to comment on these specific recommendations as what is proposed
looks like more than what can get done in one year. Stated he would like the Council to talk about the
overall level of resources that can be provided through staff and money to move forward with the commu-
nity safety task force and how to engage people in a permanent group who can sift through the recommen-
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dations to have a more narrow focus on the actions that be taken action. Cannot respond at this time to
which specific actions should be taken.
Haugen: Agreed with Hedberg's comments stating it would be difficult to address the priorities of each of
the issues at this meeting. Asked Boyles to describe the final recommendation listed in the agenda report.
Boyles: Replied that the final recommendation is to create an ongoing committee. Suggested one person
from each of the five task force subcommittees serve staggered terms to allow for turnover over time. The
committee would be responsible for helping staff implement the final proposals. In the next 18-24 months,
perhaps the full task force could be reconstituted to identify the next top priority issues that would have to
be addressed.
LeMair: Stated he served on this task force and thanked all of those who contributed to it. Stated that
there is still so much that needs to be discussed that forming a long-term committee from this group would
be the way to go as it is developed and well-educated on the topics. Believes the committee should be
made up of community members rather than a Council member as it needs to be its own, independent
thinking group. Noted that the task force brought forward many recommendations and the City can start
small without a tremendous amount of money.
Erickson: Expressed gratitude to the members of the committee. Would approve the task force report
and have a committee or staff bring individual items to the Council for approval rather than give a blanket
approval of the recommendations. Believes it would be good to discuss each of the items on the list of rec-
ommended actions.
Haugen: Commented that good progress has been made with many hours invested and results that will
play out in the future. Noted that Prior Lake is part of the suburban area and its market is broader than just
the population of Prior Lake. Scott County Association for Leadership and Efficiency has been advised of
the task force work; and as the City moves forward with establishment of an ongoing committee that will
bring recommendations back to the Council, it may set the foundation for the whole County.
Millar: Commented that the task force is the outgrowth of the new Safe and Healthy Community Element
of the 2030 Vision and Strategic Plan which became immediate with the predatory offender notices last fall.
Complimented citizenship that was able to respond in a rational, calm manner.
MOTION BY ERICKSON, SECONDED BY LEMAIR TO APPROVE THE COMMUNITY SAFETY TASK
REPORT.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Hedberg: Stated that an action plan to appoint an advisory committee should be established.
Haugen: Indicated that the report suggests appointing a five member committee with a person from each
of the subcommittees.
leMair: Stated he would favor a five member committee that comes out of the task force, but would not
restrict it to one person from each subcommittee.
Erickson: Suggested that the two council members who were on the committee should interview commit-
tee members for appointment. Asked whether the committee should have a Council liaison.
leMair: Agreed there should be a Council liaison, but not a Councilor as a member of the committee so it
will be independent.
Haugen: Agreed a council member should not be an active participant.
Hedberg: Suggested the Council appoint an advisory committee that serves a similar leadership role that
the other advisory committees serve; a Council member should not be a member, but a liaison; the first
action should be to ask the advisory committee to sort out recommendations and see what is a reasonable
amount of resources to put to it. Believes the list of 15 objectives is more than the City can do effectively at
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City Council Meeting Minutes
July 7, 2008
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this time and the committee should bring forward the objectives that can actually be done for the first year
of activity.
Haugen: Supports the establishment of a committee; having the City Manager, Police Chief or designee
provide the leadership for the committee to begin; having a Council member as a liaison makes sense; and,
feels no preference for how many members should be on the committee. Suggested that staff put together
the committee and bring back to council for approval.
MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO DEVELOP A COMMUNITY
SAFETY ADVISORY COMMITTEE IN A MANNER THAT REPLICATES THE EXISTING CITY ADVISORY
COMMITTEE AND BRING THE PROPOSED STRUCTURE, PURPOSE AND MEMBERSHIP TO THE
COUNCIL FOR APPROVAL.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
National Night Out
City Manager Boyles introduced Officer O'Hehir, who is working on crime prevention and is the facilitator
of National Night Out in Prior Lake. Officer O'Hehir informed the Council that the 25th annual National
Night Out will be held on August 5. Stated the program is designed to heighten crime prevention aware-
ness, to generate support for and participation in local anti-crime efforts, strengthen neighborhood spirit and
police/community partnership, and to send a message to criminals that neighborhoods are organized and
fighting back. Last year the police visited 19 neighborhoods with this program. Encouraged residents to
plan National Night Out events for their neighborhoods.
Comrnents:
Haugen: Noted that National Night Out does not conflict with Lakefront Days this year.
O'Hehir: Agreed it was hard to staff both events.
Millar: Commented that it has been rewarding to visit the neighborhoods during these events.
Hedberg: Thanked O'Hehir for keeping the program alive.
LeMair: Suggested a goal of ten new neighborhood National Night Outs organized this year.
O'Hehir: Replied she will try to accommodate everyone who calls in.
LeMair: Suggested that the City communicate the event by getting information about the date out and en-
couraging neighborhood gatherings. Believes it would be a good idea to create neighborhood Olympics as
suggested in the community safety task force report.
Erickson: Commented that it was interesting to see the enthusiasm of the fire department and other first
responders as they were going out to their assignments last year and noted that the real emphasis is hav-
ing the neighbors get together and socialize.
PUBLIC HEARING
Public Hearing to Consider the Proposal to Adopt a Street Reconstruction Plan and Issue General
Obligation Street Reconstruction Bonds.
Public Works Director Albrecht commented that the projects talked about in this agenda item are pro-
jects the Council has seen and reviewed in street reconstruction plans, during Capital Improvement Plan
discussions and with the adoption of a ten-year transportation plan. This discussion will be about the fund-
ing mechanism for street reconstruction. Outlined a five-year reconstruction plan. Noted that projects
funded with general obligation bonds are not assessed to residents. Explained this hearing allows for con-
struction bonds as a financing vehicle if needed.
MOTION BY LEMAIR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING.
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VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
opened at 8:02 p.m.
Comments:
No person stepped forward to speak.
MOTION BY ERICKSON, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
closed at 8:03 p.m.
Cornments:
Erickson: Asked for an explanation of the difference of the total estimated general obligation bond of
$3,550,000 and the estimated bonding of $8,325,000.
Albrecht: Replied the reconstruction program includes $8,325,000 of total bond sales which includes two
types of bonds. 429 bonds are for neighborhood projects that are assessed to benefitting properties and
reconstruction bonds are the ones that require a public hearing. About $3,550,000 would be reconstruction
bonds and the remaining would be 429 bonds.
LeMair: Will support.
Hedberg: Asked where the remaining $9.4 million project cost would come from.
Albrecht: Replied that it would be from assessments from benefiting properties, state aid dollars, storm
water and water quality funds, street oversizing funds and other such non-tax levy sources.
Hedberg: Stated that the City has the financing figured out for the total $17 million that is needed and it is
from non-tax sources.
Millar: Will support.
MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 08-098 ADOPTING THE
STREET RECONSTRUCTION PLAN AND THE INTENT TO ISSUE GENERAL OBLIGATION STREET
RECONSTRUCTION BONDS.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar.
OLD BUSINESS
Consider Approval of:
1. An Ordinance Amending Section 605 of the City Code to Include Provisions Relating to Noise;
and
2. An Ordinance Arnending Section 903 of the City Code to Clarify the Provision for Off-road Vehi-
cles and Cornbustion Engines.
Building and Transportation Services Director Kansier described the history of the existing ordinance.
Explained that the ordinances have evolved to have inconsistencies between them regarding noise from
various sources. Advised the Council that she conducted a survey with other metro communities to learn
how they regulate noise and another survey with contractors to learn their usual hours of operation. Re-
viewed the proposed ordinance amendments explaining that general noise requirements have been placed
into section 605, public nuisances, by adding 605.1000 to 605.1007 that specifically address noise; and
Section 903, Off-road Vehicles, Combustion Engines, has been refined to better define the hours of opera-
tion.
Comrnents:
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Hedberg: Asked if there is any mechanism or process in the proposed ordinance Section 605 by which a
builder could request permission to have extended hours.
Kansier: Replied that a process could be included and suggested it be similar to public improvement pro-
jects which would be a permit approved by the City Manager or designee. Such a permit could restrict
hours and length of time.
LeMair: Noted there is a process for the State and the County.
Hedberg: Believes that section 605.1003 should add a fourth item to specify a procedure, which would not
be onerous, by which someone could get permission for an exception if there is legitimate reason to work
longer hours.
Pace: Wondered if Section 903.400 could be expanded to encompass more types of equipment and
whether it could be clarified that residential construction by the homeowner would be included.
Hedberg: Replied either approach would be satisfactory. Likes the idea of establishing a default require-
ment to be 7 a.m. to 7 p.m., but does not want the ordinance to be onerous.
Pace: Believes the two ordinances should express a parallel position.
Millar: Recalled that a complaint about construction hours came from a particular construction project.
Agreed that the hours of 7 a.m. to 7 p.m. are reasonable and concurred with Hedberg comments that there
should some sort of process to allow certain circumstances, but that it should not be for any extended pe-
riod of time.
Erickson: Questioned why a number of kinds of equipment in Section 903.400 are not prohibited against.
Kansier: Replied that the original intent of Section 903 was to address off-road vehicles such as motorcy-
cles and four-wheelers. Noted that Section 903 now includes that operation of the listed equipment has to
be consistent with Section 605.
Erickson: Asked if a permit would be allowed for the instance of construction in a new development where
nobody is living.
Kansier: Replied that it would not be difficult to include an item to say hours could be exceeded with a per-
mit from the City and then individual circumstances could be considered.
Erickson: Asked if the proposed ordinance would limit a person working on his/her own vehicle after 7
p.m.
Kansier: Replied that it would prohibit them from doing it with noise-producing equipment.
Erickson: Believes that references in Section 605.1003.3 should be allowed until 1 0 p.m.
Haugen: Stated there is other ordinance that refers to working on race vehicles in a neighborhood.
Erickson: Replied his query is if someone can work on his/her own vehicle later than 7 p.m.
Pace: Suggested that 605.1003.3 be moved to 605.1005, which addresses the homeowner. Believes
other ordinance addresses hours of operations for commercial motor vehicle businesses.
Erickson: Agreed 605.1003.3 is a better fit in 605.1005.
Pace: Stated that rather than expressing concern about where the noise emanates from, the Council
should decide if it is making a value judgment in terms of giving property owners the right to do certain
things longer than it is giving other people the right to do it.
Erickson: Could go along with that.
LeMair: Agreed stating a homeowner could always close the garage door if they wanted to keep working
but not cause noise.
Hedberg: Suggested adding the word commercial before 605.1003.3 and put similar language under
605.1005 that refers to cars, recreational vehicles or other equipment. Believes enforcement is driven by
complaint so if a homeowner wants to keep working late, they could close their garage so the neighbors
don't hear it, and if they use noise-producing equipment and someone complains, it can be enforced. If the
ordinance is driven by complaint, then neighbors can figure out how to work together for exceptions that
they both agree to.
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Erickson. Clarified that the word "commercial" should be added to 605.1003.3 and the phrase, "home re-
pair and servicing of motor vehicles, recreational vehicles or other vehicles or equipment" would be in-
cluded with 605.1005.
Pace: Suggested putting "personal" in the front of car, snowmobile or other motor vehicles to avoid home-
based business applications.
Haugen: Stated he would not want this in conflict with the race car situation which is already there.
LeMair: Clarified that the commercial application would be 7 a.m. - 7 p.m. and asked if a survey of local
garages was conducted as he believes they work longer hours than that.
Haugen: Asked for clarification of whether the proposed ordinance is a residential zoning ordinance.
LeMair: Asked if it would be necessary to specify a commercial area.
Pace: Believes it would be correct to designate it as commercial and asked if the zoning ordinance for
commercial vehicle repair businesses has restricted hours of operation.
Kansier: Replied that auto body shops and motor vehicle service and repair generally have conditional
use permits and hours can be restricted by that. The noise ordinance applies to residential areas. Noise,
by its nature, has to be enforced by a complaint basis.
Pace: Concerned that there is also noise under liquor and outdoor event ordinances and if they are not all
in one place and are treated differently, it becomes confusing for people who have to abide by them.
Kansier: Noted there is a provision that refers to conditional use permits and if they are more restrictive,
people would have to abide by the CUP.
Erickson: Believes there are gas station/repair places in town that have evening service and asked if that
is outside of guidelines.
Kansier: Replied that there may be a nonconforming situation where the use was established prior to any
requirement or conditional use permit so it is not necessarily illegal, just nonconforming.
Erickson: So a business could have a conditional use permit and this ordinance would not affect them.
Kansier: Believes the intent was that if a conditional use permit allowed expanded or restricted hours, the
CUP would be the governing factor.
Erickson: Will support with the addition of "commercial" added to 605.1003. and the addition of "personal"
to 605.1005.
Haugen: Suggested that staff make the mentioned revisions and bring it back for further review.
leMair: Concerned that there are many circumstances where a contractor might want to work past 7 p.m.
such as weather, finishing a project, etc. and there should be some clauses to provide for that. Com-
mented on off road vehicles operation within 300 feet of any residence dwelling, farmstead, barn or cattle
lot unless it is on a public roadway and questioned if that meant that anyone with a four-wheeler cannot
operate it unless it is on a public street. Stated he wanted clarification of 903.300.
MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO INCORPORATE REVISIONS
AND PROVIDE CLARIFICATION OF SECTIONS REFERRED TO AND BRING BACK AT NEXT MEETING
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Consider Approval of a Report Regarding a Request to Limit the Distance Between Off Sale Liquor
Establishrnents.
City Manager Boyles reviewed current ordinance as it refers to distance limitations for off-sale liquor
stores. Reviewed the request from Mr. Bresnahan along with his reasons for recommendation of an ordi-
nance revision. Explained results of surveying other metro cities regarding distances between off-sale liq-
uor stores. Stated that MGM has made application for a liquor license for a location near to the CR 42 / TH
13 intersection.
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July 7, 2008
DRAFT
Cornments:
Erickson: Noted that class one cities are regulated and believes that legislature thinks smaller cities have
a larger draw. There are no liquor stores in Credit River or Spring Lake townships so this market area is
larger than the City. If Prior Lake used the one store per 5,000 people, it would still have fewer liquor
stores than a class one city. Understands why licensed businesses would want to limit licenses because
the value of the license would be greater. Asked the City Attorney to explain some of her concerns.
Pace: Agreed that the City has the right to regulate the location and number of liquor licenses. Expressed
concern that in this situation there is a great deal of evidence before the Council that the rationale for re-
questing this ordinance is to limit competition. Stated she has spoken with other city attorneys where there
are no distance restrictions and the consensus is that the City is prohibited from establishing economic fa-
voritism and a municipality could be held liable for that with treble damages. If this request had come up in
a different context, it could have been done, but to specifically protect someone who has asked for protec-
tion could be illegal. Stated she has not researched this situation in the context of a liquor license, but be-
lieves that when there is a pending application, the law would be applied that is in place at the time that the
applicant applied. If the Council enacted any restrictions, the City would not be permitted to apply them
retroactively. Regardless of action taken at this meeting, MGM has already applied for a license.
Erickson: Stated that although he is not entirely opposed to this regulation, the timing is unfortunate and
the Council may have to consider such a regulation when there is not a pending license application.
Millar: Stated he is a small business owner and understands competition. Stated one issue is whether
there is an advantage of having another liquor store coming into the community within a few hundred feet of
an existing one. Believes SMSC store should be counted when referring to availability of product in the
market area. Referred to the community safety task force findings that alcohol-related education was high
on its list of issues, and that the Council supports DARE-related education and alcohol-awareness educa-
tion. Questioned whether a mixed message is being sent. Referred to long-standing businesses in the
community and questioned whether Prior Lake wants to be a city of "big-box" stores. Believes the City
should limit the number of liquor stores.
Hedberg: Stated there are legitimate arguments on both sides of the issue. This is a highly regulated in-
dustry and the context exists for the City to regulate it. Agrees that the SMSC liquor store should be
counted as serving our market area. Agrees that a local liquor retailer would be at risk if MGM opens
nearby, and he respects the petition signed by residents and businesses. Stated that the MGM application
has to be considered under the ordinance that existed when they filed and there is an investment at risk in
the building that wishes to lease to MGM. Believes it has been difficult to get long-term businesses in that
corner of TH 13/ CR 42 since the reconstruction of that intersection and that redevelopment of that quad-
rant will make it more viable again. Stated that a large retailer moving into the quadrant will be important
for revitalization there. Does not support changing the ordinance in this situation as it would be out of se-
quence with the need to act on the application of MGM. Believes the ordinances should be revisited and
regulations established that are desired for the limitations of liquor retailers.
LeMair: Complimented Bresnahan on his business of 26 years noting that he has contributed to many
good causes over that period of time. Stated it would be nice to reward that, but believes that it is part of
business to have to overcome competition all the time and that good service and relationship building will
go far to do that. Believes government should stay out of business as much as possible. Does not think he
would agree to a radius or number of liquor stores limitation in the ordinance. Agrees that the City wants to
create a safe community with small town values and hopes that a decision on this proposal does not nega-
tively impact the desire to have a safe community. Since an application has already been submitted by
MGM, it must be considered from the perspective of the existing ordinance.
Haugen: Gave several examples of scenarios where people experienced impacts upon their businesses
because of new businesses moving in. Commented that these are tough situations and the potential ad-
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July 7, 2008
DRAFT
verse consequence on Dakota Liquors of another liquor store in a nearby location is very real. The impacts
have nothing to do with representing the little guy but rather the human condition of having to deal with
"bumps in the road." Whatever decision the Council makes will have an impact, if not on Dakota Liquors,
then on the owner of the property that MGM is considering leasing and on the current lessees of that build-
ing. Agrees there may be sensitivity to other small business owners in community, but gave examples of
Tractor Supply Company coming to Prior Lake which generated no comments about competition to the
other hardware stores. Stated he hears from citizens who want more restaurants in the community and
that would impact the existing ones, and there are service stations that have not survived due to recon-
struction and other service stations. Stated that economic development is not about deciding against a
business because another similar business is in place somewhere else and may be impacted. Noted that
the market area of Prior Lake includes the townships and nearby municipalities and includes many more
people than the population of the City. Noted that the McCombs Study specifically addressed liquor store
growth and projected how much space could successfully be used for that. Stated that studies do not sup-
port that the number of liquor stores contribute to under age drinking, but rather that is impacted by how
liquor sales are managed. Believes the Council's charge is to represent the citizens of the community and
he does not personally take much stock in a petition, but compliments the passion ofa person who brings it
forward. Does not support the requested ordinance amendment.
MOTION BY HEDBERG, SECONDED BY ERICKSON TO TAKE NO ACTION NOW AND DIRECT THE
STAFF TO COME BACK WITH AN EVALUATION OF THE ORDINANCE WITH SOME KIND OF RE-
STRICTIONS IN 60-90 DAYS.
LeMair: Asked for clarification of what staff should provide.
Hedberg: Would like to see a report on proposed restrictions for the liquor licensing ordinance brought
back to the Council in 60-90 days.
LeMair: Stated he does not believe it needs to be brought back to the Council.
Pace: Clarified her understanding that in 60-90 days ordinance amendments would be brought before the
Council that would place restrictions on location or number of licenses.
Hedberg: Agreed that was his intent.
Boyles: Clarified that if this motion fails, there would be no report and the existing ordinance would stand.
VOTE: Ayes by Erickson and Hedberg. Haugen, LeMair and Millar opposed. The motion failed.
MOTION WAS MADE BY MILLAR TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT
IMPOSING LOCATION CRITERIA REGARDING DISTANCE BETWEEN OFF-SALE LICENSES.
No second to the motion was offered and the motion died for lack of a second.
RECESS
Mayor Haugen called a recess at 9:38 p.m.
RECONVENE
The meeting reconvened at 9:48 p.m.
NEW BUSINESS
Consider Approval of a Resolution Authorizing Preparation of a Feasibility Report for the 2009
Street Reconstruction Improvement Project, City Project #09-011.
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July 7, 2008
DRAFT
Public Works Director Albrecht requested the Council to authorize staff to go ahead with a feasibility
study and development of costs. Outlined the timeline of bringing a feasibility report to the Council for ap-
proval, conducting a public hearing, plan approval and bid award. Displayed a map of the area planned for
the project. Proposed that the feasibility study include bringing costs of resurfacing some streets to keep
them serviceable until reconstruction can be done.
Cornrnents:
LeMair: Will support.
Erickson: Asked if an alternative of reconstructing the streets proposed for resurfacing be included now
rather than waiting until 2018 should be included.
Albrecht: Replied that the amount of bonding that would be required would render the 1 O-year plan mean-
ingless as the amount of money would be many times greater than what is planned for that period of time.
It would be a significant tax impact. Resurfacing of those streets would meet the 1 O-year plan which was
as aggressive as desired at this time.
Erickson: Will support.
Millar: The residents in this area will be happy. Agrees with the interim repair of resurfacing the streets.
Will support.
Hedberg: Clarified that this project is the next step in the five-year transportation bonding plan that the
Council approved as a working document. That plan is consistent with the accelerated 1 O-year plan that
was recently acted upon. The City accelerated its street reconstruction plan so everything can be done in
18-20 years instead of 32 years; and when that is done, the City will be able to afford a cycle that will allow
for reconstruction of streets between 30-35 years on an ongoing permanent basis. Interprets that this rec-
ommendation for resurfacing is to buy time to catch up to accelerated plan. Asked if consideration can be
given to the rain garden program for this second phase of Brooksville Hills, and have that be a model going
forward with reconstruction.
Albrecht: Replied that the budget for 2009 will request more money for water quality investments in our
neighborhoods to encourage and promote rain gardens.
Hedberg: Will support.
MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-099 ORDERING
PREPARATION OF FEASIBILITY REPORT FOR THE 2009 RECONSTRUCTION IMPROVEMENT PRO-
JECT, CITY PROJECT #09-011.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
OTHER
Executive Session
The Council withdrew into executive session to discuss the annual performance evaluation of the City Man-
ager.
ADJOURNMENT
A motion was made by Hedberg and seconded by Erickson to adjourn the meeting. With all in favor, the
meeting was adjourned at 10:50 p.m.
Frank Boyles, City Manager
Charlotte Green, Administrative Assistant
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