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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 2, 2008 6 p.m. City~~llmm No Council Work Session is Scheduled 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 AUGUST 18, 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 a Resolution Transferring Local Government Unit (LGU) Permitting Authority for Wetland and Stormwater Regulation for the County Road 21 Extension Project. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. Communications Update - PL TV-15 8. PUBLIC HEARINGS: A. Special Assessment Public Hearing for the Brooksville Hills Phase I Reconstruction Project and Consider Approval of a Resolution Adopting the Assessment Roll for the Project. 9. OLD BUSINESS A. There are no Old Business items to consider. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 10. NEW BUSINESS A. Consider Approval of a Resolution Authorizing Purchase of an Emergency Generator for City Hall. B. Consider Approval of a Resolution Ordering the Building Located at 13380 Hickory Avenue NE be Secured. C. Consider Approval of Appointments to the Community Safety Advisory Committee. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 12. ADJOURNMENT City Council Meeting Minutes August 18, 2008 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Walthers, Assistant City Manager Meyer, Com- munications Coordinator Peterson and Administrative Assistant Green. Councilor Hedberg was absent. 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. Speakers receive a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City governmental 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. Comments: Bryce Huemoeller, 16670 Franklin Trail, representing Dakota Liquors, stated he sent a letter to the Coun- cil and staff on August 12 for the purpose of requesting the Council to consider referring the MGM liquor license application for further investigation based on information in the letter. Commented on deliveries and traffic, disqualification of licensure due to violations and that previous licensure of PDQ is not a factor in the consideration. Gerry Proskin, 14755 Glendale Avenue, commented on Prior Lake's environment likening it to a vacation destination. Stated the comparison of a "big box" hardware store is not a fair comparison and if it had been a company such as Home Depot or Lowe's, the other hardware stores would have gone out of business. Does not believe it would be discriminatory to deny MGM's license application even if a license was previ- ously awarded to PDQ because the Kids Count Day Care and Learning Center was not there at the time. Believes the PDQ business differed from MGMs featuring staples and gas rather than just liquor. Noted that PDQ went out of business after two Super America stores and a Holiday store opened. Stated it is not discriminatory to enforce laws that are in place and the code gives the Council the latitude to deny the liq- uor license. Stated that two of the Council members wanted to defer action to obtain the definition of a school and reiterated that this decision is not about Dakota Liquors, but about enforcing the ordinance. Heather McCaustlin, 6100 Century Lane, owner of Kids Count Daycare and Learning Center. Stated that the ordinance establishing a 300-foot distance between liquor licensees and schools was set up for the safety of citizens and children. Stated she is responsible for 96 children, regardless of their age, and many of the parents use Commerce Avenue to disembark their children. Believes that even if the day care is not classified as a school, the safety of the children matters. Stated her only concern is the traffic, not the cli- entele, and noted there is no loading dock or place for a semi to pull in on this site. Kevin Bresnahan, 14065 Commerce Avenue, owner of Dakota Liquors, reminded the Council that the pe- tition had 866 signatures, including 24 business people who do not want MGM here. Identified that Dakota Liquors has 25 hours per week of deliveries and believes that MGM will have even more. Believes the ordinance prohibits licensure for MGM whether Kids Count is a school or not. Stated there is a problem . with the liquor ordinance and the Council is not going by what the ordinance says. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes August 18, 2008 DRAFT APPROVAL OF AGENDA City Manager Boyles requested the removal of New Business item, Consider Approval of Appointments to the Community Safety Advisory Committee (CSAC), stating that interviews were not completed due to Councilor Hedberg's illness. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE AUGUST 4, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 08-111 and Findings of Fact Approving an Off-Sale Intoxicating Liquor License for MGM Wine & Spirits. G. Consider Approval of a Cigarette License for MGM Wine & Spirits. H. Consider Approval of Resolutions 08-112 and 08-114 Authorizing the Purchase of Furnishings, Fixtures and Equipment for Fire Station No.1 and 2. I. Consider Approval of Resolution 08-113 Authorizing Safe and Sober Communities Funding for the Pe- riod October 1,2008, to September 30,2009. Councilor Millar requested that item 5F, Consider Approval of a Resolution and Findings of Fact Approv- ing an Off-Sale Intoxicating Liquor License for MGM Wine & Spirits, be removed from the Consent Agenda. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Millar: Stated that he requested removal of that item to allow for a separate vote on it because he cannot support it. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08-111 AND FINDINGS OF FACT APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE FOR MGM WINE AND SPIRITS. VOTE: Ayes by Haugen, Erickson and LeMair. Opposed by Millar. The motion carried. PRESENTATION No presentation was scheduled. PUBLIC HEARING No public hearing was scheduled. 2 City Council Meeting Minutes August 18, 2008 DRAFT OLD BUSINESS Consider Approval of a Report Regarding Refuse Hauling in Prior Lake. Building and Transportation Services Director Kansier reviewed the results of meetings with the City's licensed refuse haulers regarding safety, fuel usage, environmental concerns, road impacts, noise and aes- thetics that the Council wanted to address in conjunction with refuse hauling. Discovered that haulers are working to improve each of those areas. Noted that organizing refuse hauling to become a City function would require adherence to State Statute. Comments: LeMair: Stated he received input from residents and believes the hauling services in City should remain as is. Erickson: Agreed the status quo should be maintained adding that it allows open competition. Com- mented that day zoning could be less safe because the trucks would be in the same area at the same time adding congestion. Millar: Stated that it was good to pose the questions to try to find better ways. Learned that residents of this community are happy with their services and will support the status quo. Haugen: Believes that issues remain such as fuel consumption, environmental concern and road impact and he would have liked to have a solution found for improvement of those issues. Expressed the hope that the owners of the refuse hauling firms can find some kind of alternative that would address those three concerns. Recognized that it is a free enterprise system and would not want to take that away. Believes that maintaining the status quo is better than mandating change that would not achieve improvement. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE REPORT VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Updating Bylaws for: 1. City Council 2. CommunicationslTechnology Advisory Committee 3. Community Safety Advisory Committee 4. Lakes Advisory Committee 5. Parks Advisory Committee 6. Planning Commission Building and Transportation Services Director Kansier informed the Council that staff has been working on updates to bylaws to ensure consistency between committees and to include a code of ethics. Three major changes were made to all bylaws: adding a code of ethics, increasing term limits for some commit- tees, and provision of public hearings. Described the major points of the proposed code of ethics, recusal and disclosure statements. Explained that the Lakes Advisory Committee volunteered to conduct the an- nual Stormwater Pollution Prevention Plan hearing which is required by Statute and that was the impetus for adding public hearings to the bylaws for each committee along with processes on how to conduct them. Comments: Millar: Stated that the bylaws committee did not have time to address all segments. Believes that ethics are necessary and that all elements of the City government should be held to a high standard. Commented that seminars were held for Councilmembers and employees on what ethics means which generated good discussion and clarified the standards to maintain as a public employee. 3 City Council Meeting Minutes August 18, 2008 DRAFT LeMair: Will support. Erickson: Commented that the bylaws defined relatives differently for the City Council and committees. Kansier: Replied that it is different when talking about conflicts of interest. Section 1303 is a much broader definition of relative than one needs to consider when talking about disclosure and the committee wanted to narrow it. Erickson: Asked if it would be a conflict of interest if considering a topic that would be a benefit to a rela- tive's employer. Kansier: Replied that she believed it would be considered a conflict and suggested clarification from the City Attorney. Pace: Commented that the way it is written would be a conflict of interest if it is a business of any of the people as set out in the proposed bylaws. Historically, the City has relied on case law and a four-part test as well as two statutes that pertain to contracts. This definition goes even broader to take into account em- ployees and to set the tone for how the Council expects themselves and their colleagues to be. Erickson: Quoted, "it would be a conflict of interest if a customer or client or former customer or client within the last 12 months.." and used the example of the Mayor's customers living within the limits of Prior Lake and that if any individual or business who had an insurance policy through the Mayor's business brought an issue to the Council, the Mayor could not rule on as it would be a conflict of interest. Pace: Stated that there still has to be the element of a personal or financial benefit as outline in 1303 where it says to take or fail to take an action in any manner which he or she knows or has reason to believe may result in a personal or financial benefit. Conflict of interest is triggered if there is a financial benefit and it would apply to the persons as listed. Erickson: Clarified that one could be an employer, a customer or client or a former customer or client. Believes there would be a lot of situations where there would be a financial benefit, such as a special as- sessment for a road, and someone along that road may be a customer of the Mayor's business, for exam- ple. Believes the way the proposal is written would be a conflict of interest. Haugen: Stated that the bylaws have to be written clearly. With this definition, anyone who has a busi- ness activity in the community would be eliminated from providing service on the City Council and that is not the intent. Erickson: Believes the employer part should be removed as well as the part referring to customer or cli- ent. Believes it is different if a family member receives benefit vs. the employer or clients. Pace: Believes the proposed view is that this is overly broad, but most provisions written in Minnesota rely upon case law and statutes. Understands there is a desire to cover every contingency, but there can be unintended consequences that cannot be foreseen. Erickson: Recommended that sections 1303.4 and 1303.5 be stricken before approval as it would restrict the things that the Council can vote on. Haugen: Believed the bylaws went through committee and that there was approval. Suggested deferring it to the committee to have it corrected. Erickson: Stated that a broad approach would eliminate people from being able to serve. Haugen: Stated that hardest part of his position is telling client he does not agree with them. Erickson: Believes it would be the benefit of the City to eliminate those two areas. LeMair: Agreed it needs to be worked out or the Council may not have a quorum on many topics. Haugen: Commented the last thing City government wants is to lose the ability to be involved in the proc- esses. Millar: Agreed. Erickson: Commented that the Planning Commission should sign the code of ethics. Believes that the other advisory committees are totally voluntary and should not have to disclose relatives and relative's property. Haugen: Agreed. 4 City Council Meeting Minutes August 18, 2008 DRAFT Millar: Agreed. Haugen: Suggested adding language that allows up to seven members on the advisory committees, ex- cept for the Planning Commission. Noted the other advisory committees are not compensated positions. There is no reason to restrict it to five members if there are interested and qualified people. There is every- thing to gain by having more people involved. Kansier: Queried whether it was desired to state a minimum of five members and up to seven. Erickson: Believes there are two types of committees; those that meet regularly and those that meet when there are issues to be addressed, and that the committees that meet less often may do well with fewer members. Haugen: Noted that some committees had merged and expressed the hope that even those committees would have five or more members. Suggested language indicating a minimum of five members and up to seven members. MOTION BY MILLAR, SECONDED BY LEMAIR TO DIRECT STAFF TO INCORPORATE THE BYLAWS REVISIONS OUTLINED ABOVE AND RETURN THE BYLAWS TO THE COUNCIL FOR APPROVAL. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. OTHER Community Events Haugen: Wished all a happy Labor Day and the start of a great school year. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair, seconded by Millar. With all in favor, the meeting adjourned at 7:05 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 5