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HomeMy WebLinkAboutDraft Jan 5 meeting minutes,_ -off PRI~~ City Council Meeting Minutes ~ `i~ January 5, 2009 h ~ 9 3 4646 Dakota Street S.E. DRAFT u ' ?' Prior Lake, NtN 55372-1714 ~---a i~`~~~~~~~~ REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugf;n, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Worlcs Director/City Engineer Albrecht, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Police Chief O'Rourke, Accounting Supervisor Gilb, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council on any subject that is of community interest, provides information required by the Council to complete its du- ties or is provided by agencies representing citizens of Prior Lake. The Public Forum will be no longer than 30 minutes in length and each speaker will have no more than ten minutes to speak. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles requested the addition of item 10A (1) Consider Appointment of Acting (Deputy) Mayor, and the subsequent change of item 10A to 10A (2). MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE DECEMBER 15, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE DECEMBER 30, 2008, MEETING MINUTES AS PRESENTEIO. VOTE: Ayes by Haugen, f`letlberg and Millar. LeMair and Erickson abstained due to their absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles revi~;wed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 09.001 Establishing Bylaws for the Traffic Safety Advisory Commit- tee. www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 City Council Meeting Minutes January 5, 2009 DRAFT C. Consider Approval of Resolution 09.002 Authorizing the Plans and Specifications and Authorizing Advertisement for Bids for 2009 Street Overlay Project 09-012. D. Consider Approval of Resolution 09.003 Accepting the Improvements for Belmont Estates, Resolu- tion 09.004 Accepting Improvements for Berens Woods, Resolution 09.005 Accepting Improvements for Enclave at Cleary Lake, Resolution 09.006 Accepting Improvements for Jeffers Pond 2nd and Resolution 09.007 Accepting Improvements for Wilds Ridge North. E. Consider Approval of a Body Art License for William Richards. F. Consider Approval of Resolution 09.008 Approving Miscellaneous Improvements for City Hall. G. Consider Approval of Massage Therapy Renewal License for Judy Coursolle. Councilor Hedberg requested that item 5D, Consider Approval of Resolution 09.003 Accepting the Im- provementsfor Belmont Estates, Resolution 09.004 Accepting Improvements for Berens Woods, Resolu- tion 09.005 Accepting Improvements for Enclave at Cleary Lake, Resolution 09.006 Accepting Improve- ments for Jeffers Pond 2nd and Resolution 09.007 Accepting Improvements for Wilds Ridge North, be re- moved from the Consent Agenda. Councilor Erickson requested that item 5C, Consider Approval of Resolution 09.002 Authorizing the Plans and Specifications and Authorizing Advertisement for Bids for 2009 Street Overlay Project 09-012, be removed from the Consent Agenda. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Comments: Hedberg: With respect to item 5D, asked if any of the mentioned developments are fully developed. Albrecht: No, Hedberg: Questioned if it is appropriate to make final acceptance. Albrecht: Replied that, in these developments, the developers have fulfilled all improvements scheduled and the securities are in pl~~ce so there is no reason to not accept the improvements. Pace: Concurred that the contracts are completed and it is the City's obligation to accept the improve- ments as complete. Albrecht: Commented that even if the development is not built out, the developer may have fulfilled their obligations to the City and It is just a matter of housing sales, etc. Hedberg: Believes a bigger issue is if there are developments where infrastructure is not complete or communities look half-finished for years before development can be completed. Albrecht: Agreed that such issues would need to be followed by code enforcement to assure that lawns are being mowed, etc. LeMair: Questioned the Maple Glen Second development and whether residents there are being as- sessed for road improvements. Albrecht: Replied that the assessment there is just for the developer-owned lots and a letter will go out to homeowners to that effect. Erickson: With respect to item 5C, asked about the rationale for overlaying Fremont from CR 83 to North- wood as it does not seem to be in a bad condition. Albrecht: Replied that Fremont is a collector street and not if not overlaid and repaired sooner than neighborhood streets it would cost more later to bring back to a proper condition. Commented that the 2 City Council Meeting Minutes January 5, 2009 DRAFT Assessment Review Committee requested a plan for collector streets as part of the Capital Improvement Program so show how the maintenance scenario for collector streets relates to the neighborhood streets. Erickson: Asked if a sidewalk will be placed along with the street overlay. Albrecht: Replied that a sidewalk would likely be planned with street reconstruction rather than with an overlay or as an independent project because of cost considerations. Erickson: Asked if the cost of a sidewalk would be less if it were included with an overlay. Albrecht: Replied that since the sidewalk is concrete and the overlay is done by an asphalt contractor, it would probably cost less with separate a bid; but, no money has been budgeted for sidewalks on this roadway at this time. MOVED BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.002 AUTHORIZING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2009 STREET OVERLAY PROJECT 09-012; AND RESOLUTION 09.003 ACCEPTING THE IMPROVEMENTS FOR BELMONT ESTATES, RESOLUTION 09.004 ACCEPTING IMPROVEMENTS FOR BERENS WOODS, RESOLUTION 09.005 ACCEPTING IMPROVEMENTS FOR ENCLAVE AT CLEARY LAKE, RESOLUTION 09.006 ACCEPTING IMPROVEMENTS FOR JEFFERS POND 2ND AND RESOLUTION 09- 007ACCEPTING IMPROVEMENTS FOR WILDS RIDGE NORTH. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION No presentation was scheduled. PUBLIC HEARING Public Hearing to Consider Approval of the Issuance of an On Sale BeerlWine License for Jazz Co. Cafe. City Manager Boyles explained the purpose of the hearing, described pertinent city code and criteria re- quired to be met to be eligible for such licensure. Discussed issues relating to minimum guest require- ments, training of clerks, distance from churches and schools and separation of the two entryways. MOTION BY MILLAR, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 6:25 p.m. Comments: Camille Myser, 16015 Northwood Road, described a wall proposed to be constructed in the existing lobby to separate the dance studio from the cafe. Explained that the original business plan for Jazz Co. Cafe was patterned after places like Cafe Latte where food and drink are ordered from a counter. Opened her business without beer rjnd wine to learn who the clientele is and which times would be busy. Has learned that there is not much dinner/entree business and decided it makes sense to add beer and wine to encourage dinner clientele. Plans a small indoor music venue also. Hedberg: asked about the logistics of the entrances and whether there are separate entrances from street side. Myser: Replied there are currently two separate entrances from the outside and this would be a third en- trance from the Premiere Dance Academy lobby. Hedberg: Clarified that someone would be able to drop their child off at the Academy and be able to enter the Cafe from the lobby. City Council Meeting Minutes January 5, 2009 DRAFT Myser: Affirmed that a person could enter directly from the street or the Academy side. Dawn Schulberg, 4616 C~jlorado, stated she supports Myser with the cafe business and supports a wall between the businesses, but only supports the license with the contingency of liquor sales after the Acad- emy classes are finished which is after 9:30 p.m. most week nights and evenings on Saturday. Concerned that the Academy will lose business if parents know there is an environment that is serving liquor. MOTION BY LEMAIR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 6:35 p.m. Comments: LeMair: Stated his understanding of the desire of Jazz Co. Cafe to add things to make their business suc- ceed. Wondered what contingencies can be put in place to protect children. Believes the addition of a door and wall is good and that perhaps times of sale could be established. Seeks further discussion on whether conditions can be placed on a license. Believes that this business should have the right to com- pete like all others. Erickson: Asked Schulberg about her schedule as it relates to limited hours of liquor sales. Schulberg: Listed the hours that classes are over on various days of the week and noted that the sched- ule changes every year. Erickson: Commented that it is difficult to establish restrictions on a flexible schedule and queried whether Schulberg is asking for variable hours of liquor sales from day today. Schulberg: Affirmed. Erickson: Asked if having the wine/beer license there might allow more opportunity for adult dance classes. Schulberg: Replied that the Academy offers lessons only and noted that much of the adult dance clientele wants to go to a place with a full bar. Erickson: Asked the age of the servers at the cafe. Myser: Replied that staffing would change to have servers older than 18 in accordance with State law. Erickson: Asked how it would be monitored so someone does not buy alcohol and give it to someone younger or go into the dance studio with it. Myser: Replied that part of the training addresses that. Erickson: Asked if it would be allowable to buy the alcohol at the cafe and take it to the ballroom area for consumption. Boyles: Replied that unless the ballroom is part of the licensed premises, the alcohol cannot be taken to that area. Myser: Added that it also is not allowed to be taken outside to the patio area. Boyles: concurred. Millar: Asked Pace if it is within the jurisdiction of the Council to restrict hours of sales. Pace: Replied that ordinances usually set out the kind of restrictions that can be imposed and hours of operation can be set out. If the Council is hearing a health, safety, or welfare concern, it would be within the Council's discretion to :yet restrictions. Millar: Asked Myser's response to Schulberg's suggestions for limiting the hours of service. Myser: Responded that she has met with Schulberg and daughters and asked for their support. They in- dicated their concerns and suggested that alcohol sales be restricted to after 6 p.m. on Friday and Saturday nights. Considered the expenses of adding beer/wine and determined there is not enough revenue to jus- tify the expense for such limited hours. Experience is that people want the option of beer/wine when they go out in the evening to ea. 4 City Council Meeting Minutes January 5, 2009 DRAFT Millar: Asked about signage plans for windows. Myser: Replied she does not plan a bulletin board or banner, but would advertise her business as food, wine and dessert. Would add alcohol to the menu. Acknowledged that she would want to communicate the addition of beer and wine since it is being introduced after the business has opened. Millar: Asked if Myser believes it would be difficult to have beer and wine for limited hours. Myser: Replied that it is difficult to promote a dining area for the evening in downtown and she needs to be able to sell the dining part of the business and the license is necessary in order to have people choose the cafe as a place to dine. Millar: Commented that he cannot see how hours of sale could be changed from year to year to accom- modate another business and be successful. Commented that a day care is across the street from MGM and that license was issued. Believes the Council should remain consistent. Hedberg: Stated he has considered whether the two businesses could be compatible and also wonders whether a restaurant business can be competitive. Believes there is a market for a cafe that offers a nice meal. Can see the concerns that Schulberg has for the dance studio. Had understood that the cafe and academy would be synergistic, but now Jazz Co. Cafe believes it should be distinct and individual in order to carve out an existence as an eating establishment. Haugen: Commented that from a business perspective, wants to see businesses succeed in community, but has concerns from a safety environment. Believes economics should not impact Council's considera- tion, but rather that is the private business' concern. Has a concern that someone has the ability to go into the Academy and then has direct access into a facility selling beer and wine. Expressed concerns about alcohol consumption and cafe clientele drivers since children enter and leave the building without continu- ous supervision; and that children can observe the alcohol intake through a glass door, which leads him to believe it is not conducive to a safe and healthy environment. O'Rourke: Replied there could be concern about any liquor license holder and their ability to control ac- cess to alcohol for underage people. Most of the academy clientele is underage so due diligence in carding the purchase and monitoring the product distribution at the table should be done. Believes the concern about the drop off and pick up of kids is no greater than that posed by other bars nearby. Commented that beer is sold at Memorial Park and that is no more monitored than this would be. LeMair: Stated that parents who are dropping off children are also another set of eyes that act as a super- visingforce. Stated he would like to see a compromise found and wondered if the adjoining doorway could be locked during sale hours. Erickson: Commented that there is more potential for vulnerability at Memorial Park. Believes there would be a problem with restricting hours, but added that the landlord and tenant should be able to work out their own hours rather i:han the Council. Does not see the cafe as a place where people would go to get drunk. Will support the licensure and would want to review it after a period of time to assure compli- ance and type of signage. Myser: Responded that some signage would be placed on the door as she wants the public to be aware that beer and wine will be served so people can make a decision about whether they want to come in. Erickson: Suggested that signage should just be on the menu rather than external to avoid implying to young children that beer ar~d wine is something that they should want. Haugen: Asked City Attorney Pace if the Council can legally tell any business how to advertise. Pace: Replied this would be placing a restriction on or regulating commercial speech and any restriction or regulation must be content_neutral. Speech is protected under the First Amendment. Millar: Noted that Schulberg expressed a valid concern about students and believes this issue comes down to whether it is a safe and healthy environment. Stated he would like a compromise on the hours of sale. 5 City Council Meeting Minutes January 5, 2009 DRAFT Hedberg: Believes that trying to issue the license with limitations is not practical, Stated that O'Rourke's comments indicated there are no particular safety issues that this would pose that are any different to those already existing, Believes the issue is to find a way for the two businesses to be compatible. Suggested that greater physical differE~nces from the outside will address some of the issues of the two businesses being separate entities as well as signing the entrances on the outside and not putting a glass door in the lobby. Stated he cannot ac;t on the issue tonight until the businesses find resolution. Haugen: Suggested the two businesses find resolution and bring the petition back to the Council at a fu- ture meeting. Pace: Replied that even if the businesses reach resolution, the Council will still exercise discretion on whether it is right for the community to grant licensure. Haugen: Agreed. LeMair: Asked how long of a lease the cafe has with the academy. Schulberg: Five years. LeMair: Noted that no one would want to invest this much in their business and then have either party up- set so it is best to find a consensus. Hedberg: Asked the applicant to comment on whether this is practical direction, Myser: Replied that there have been discussions with Schulberg and both sides have been willing to hear comments and feedback, Schulberg has concerns over losing some of her business. Stated she cannot sustain the cafe business as it is currently being run. Hedberg: Clarified that Myser believes additional time would not be productive in finding a resolution. Myser: Affirmed stating they have been working on it for six months and she believes Schulberg would have shared any ideas she had since they have discussed it a lot. Erickson: Noted that licerjsure is renewed annually so a review could be done at that time if it did not seem successful. Haugen: Stated that every Council decision is a permanent decision until potentially changed at some time in the future, To enter into it, thinking it might change after review does not allow a business to proceed. Liquor licenses are granted for one year, but the Council cannot grant a license and then say it will be re- looked at in a year, unless it is revoked for violation or other appropriate reasons. The decision is perma- nentunless the dynamics change. Erickson: Clarified his intent to was say it would have to be approved again at the next license approval as all licenses have to be renewed each year. Haugen: Licensees have 'to know the Council's decision has continuity and permanence in order for them to make the changes and investments to pursue their business plans. Erickson: Believes an asi~ect is some of the conditions the Council is considering should be the signage. Pace: Reiterated that the Council cannot regulate content of signage, and ordinance is already established for signage size, etc. MOTION BY ERICKSON 1'0 APPROVE THE ISSUANCE OF AN ON SALE BEER/WINE LICENSE FOR JAZZ CO. CAFE. Motion died for lack of a second. Hedberg: Commented that there are reasonable grounds to approve a license. Believes there is a market need for a cafe style restaurant in downtown. LeMair: Stated the public hearing was to gain information and he would like to think about what he has heard and revisit the license application issue. 6 City Council Meeting Minutes January 5, 2009 DRAFT MOTION BY LEMAIR, SECONDED BY MILLAR TO REVISIT THE APPLICATION AT THE FIRST MEETING IN FEBRUARY. Haugen: Stated he is not ~;ure what difference 30 days will make and it seems as though the Council is attempting to find a way to make it work without declining the license application. Noted that Chief O'Rourke is not concerned about safety aspects. Believes that if the businesses are not provided with in- structions to bring new information to the Council, there is no reason for them to change their minds. Hedberg: Agreed the Council seems open to hearing more and would like to make it work. Suggested that if the applicant wants to bring back the request, they can. Haugen: Asked City Attorney what the Council would be acting on since the public hearing is closed. Pace: Replied that the Council would be acting on the proposal as it stands now. Or the public hearing could be reopened and continued. The Council should make findings of fact and state their rationale for approving or denying a liquor license application. Procedurally there has not been an opportunity to do that because Councilor Erickson's motion died for the lack of a second and there have been no other motions. Suggested the Council vote; the application up or down and state reasons for the decision. LeMair: Withdrew the motion. Millar: Withdrew the second to the motion. A MOTION WAS MADE BY HAUGEN AND SECONDED BY HEDBERG TO REOPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, E~:rickson, Hedberg, LeMair and Millar. The motion carried and the public hearing reopened at 7:53 p.m. A MOTION WAS MADE BY HAUGEN AND SECONDED BY ERICKSON TO CONTINUE THE PUBLIC HEARING UNTIL THE JANUARY 20, 2009, CITY COUNCIL MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. RECESS Mayor Haugen called a recess at 7:55 p.m. RECONVENE The meeting reconvened at 8:07 p.m. OLD BUSINESS Consider Approval of an Ordinance Amending Section 904 of the Prior Lake City Code to Include Provisions for Permitting the Use of Motorized Golf Carts on City Streets. Building and Transportation Services Kansier reviewed the direction to develop ordinance allowing the permitting of golf carts to be used on city streets based on the determination of which roadways would be used. Reviewed the applicable Minnesota Statutes 169.045. Noted that the proposed ordinance estab- lishes aprocedure for revocation of licensure and appeal of that revocation. Comments: Millar: Asked about insuring the golf cart and whether it would be included with auto or homeowner insur- ance. Haugen: Believes most insurance companies would issue a specific policy for a golf cart rather than as part of auto or homeowner insurance. City Council Meeting Minutes January 5, 2009 DRAFT Millar: Believes golf carts have been and presently are part of the culture of Prior Lake and this ordinance will legalize their use. Asked where a person will be able to pick up aslow-moving vehicle sign. Kansier: Responded that such information would be provided to the applicant, Hedberg: Will support. Commented that the ordinance was prepared to comply with direction that it not be limited to medical needs. LeMair: Will support. Erickson: Queried about trail and sidewalk access on trails that are adjacent to county roads, Albrecht: Replied that the City does not have regulatory control over those trails and sidewalks and aper- mitwould have to be appli~,d for from the County. Erickson: Noted that part of the proposed permitting is defining the streets that golf carts can goon; but believes a permit holder should be allowed to ride on whatever street they want as long as the street is des- ignated and the permittee t;ould be given a map showing allowable streets. O'Rourke: Replied that would not be workable as it would not be possible to get to all destinations in the City using streets that are under City authority. Erickson: Asked about using golf carts in the parks. Kansier: Replied that the ordinance proposes that golf carts would be prohibited on public trails and side- walks. Noted that Americans with Disabilities Act (ADA) access in Lakefront Park allows motorized vehi- cles and golf carts would be allowed on that designated segment of trail, Erickson: Questioned the description of a golf cart that is provided in the proposed ordinance and asked whether there should be a horsepower limitation. Kansier: Replied that was not a descriptor that was provided in comparable ordinances of other cities and had not been included, Haugen: Asked about golf cart usage for a special event that extends past sunset. O'Rourke: Replied that the time would have expired and it would not be allowed. Haugen: Asked if the ordinance would apply for persons using golf carts as part of special events. O'Rourke: Replied the ordinance would have to be applied to all occasions and suggested it be amended for specific uses such as Lakefront Days or the DARE Bike-a-thon. Kansier: Stated a paragraph addressing special events could be developed to allow a permit for that spe- cific use. Suggested that such revision be made and brought back on the Consent Agenda at an upcoming meeting. MOTION BY HAUGEN, SECONDED BY ERICKSON TO APPROVE ORDINANCE 109.01 AMENDING SECTION 904 OF THE PRIOR LAKE CITY CODE AND BRING A REVISION BACK TO THE COUNCIL FOR APPROVAL ON THE CONSENT AGENDA . VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of Appointment of Acting (Deputy) Mayor City Manager Boyles reviewed the agenda item. Suggested that the Bylaws and Compensation Commit- tee meet to propose revisions to the City Council bylaws that would clarify the appointment process for the Acting (Deputy) Mayor. Comments: Pace: Explained the distinction between an acting mayor and a deputy mayor. An acting mayor can pre- side orstep into the shoes of the mayor in his or her absence. Statutory codes in Minnesota do not have deputy mayors. If permitted, a deputy mayor would have duties and responsibilities separate and distinct 8 City Council Meeting Minutes January 5, 2009 DRAFT from the mayor and could ~;xercise those authorities at any time regardless of whether the mayor is absent or present. Haugen: Noted his intent'to appoint LeMair is due to seniority. Suggested discussion to determine if ap- pointmentshould be seniority or rotation, etc. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09.009 APPOINTING CHAD LEMAIR AS ACTING (DEPUTY) MAYOR FOR 2009. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT THE BYLAWS AND COMPENSATION COMMITTEE TO CONSIDER THE APPOINTMENT PROCESS REGARDING THE ACTING (DEPUTY) MAYOR AND BRING A RECOMMENDATION BACK TO THE COUNCIL BY THE FIRST MEETING IN APRIL. VOTE: Ayes by Haugen, Erickson, Hetlberg, LeMair and Millar. The motion carried. Consider Approval of Appointments to 2009 Boards, Commissions and Committees. City Manager Boyles reviewed all proposed appointments of council members to boards, commissions and committees for 2009. Comments: Hedberg: Queried whether the investment and banking authority needs to be acted on separately. Boyles: Replied that the resolution is distributed to the banks so a separate resolution is necessary. Erickson: Asked City Attorney Pace whether the one year term limitation referred to in the bylaws is appli- cable to newly established advisory committees. Pace: Replied that since they were not advisory committees previously, it is allowable to have the same councilor serve as liaison for 2009. Haugen: Commented that: health services are not automatically assigned to Park Nicollet as there are sev- eral clinics in the area. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.010 DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES AS PROPOSED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of the 2009 City Fee Schedule. City Manager Boyles explained the changes proposed to the City fee schedule. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE THE 2009 OFFICIAL CITY FEE SCHEDULE AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Aplointments to Advisory Committees. City Manager Boyles reviewed the proposed appointments of persons to the Lakes Advisory Committee, Parks Advisory Committee antl Planning Commission. City Council Meeting Minutes January 5, 2009 DRAFT MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.011 APPOINTING DAN O'KEEFE, DR. HARRY ALCORN, JR., CHARLENE JASAN, ELIZABETH WENINGER (LIZ) AND TOM VOLL TO SERVE ON THE LAKES ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09.012 APPOINTING J. KYLE HAUGEN, MIKE FERIANCEK AND ERIC SPEILER TO SERVE ON THE PARKS ADVISORY COMMITTEE. VOTE: Ayes by Erickson, l~edberg, LeMair and Millar. Haugen abstained due to familial relationship. The motion carried. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.013 APPOINTING PAUL PEREZ TO SERVE ON THE PLANNING COMMISSION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving the CR 83 Reconstruction Layout. Public Works Director Albrecht explained that County and staff are seeking a general consensus of the layout of the CR 83 project in order to move forward with the concept. Stated that traffic volume is 13,000 cars each day making this the most heavily traveled road in Prior Lake, and traffic is expected to triple by 2030. Explained that this traffic is generated by Shakopee Mdewakanton Sioux Community activities rather than development and that most of the property on each side of the roadway is owned by SMSC. Some privately held parcels will be impacted by driveway access and staff will work with SMSC and Shakopee to provide sewer and water access to the privately held parcels. SMSC has agreed to contribute approxi- mately $5 million to the project and will finance the City's cost of approximately $67,000 to be payable in 2015. Comments: Hedberg: Asked if there i;~ any way to ensure frontage road access. Albrecht: Replied that access would probably be a connection through adjacent development which could be acknowledged in cooperative agreements with Shakopee and stipulated by the County. Hedberg: Clarified that the City would contribute $67,000 towards the cost of the project but will not be asked to pay that until 2015. Albrecht: Concurred, stating that SMSC will finance that amount interest free. Hedberg: Queried how the County's share will work. Albrecht: Believes it will be similar to the City's. Hedberg: So, generally, tiie SMSC will pay all of the construction cost and the County's and City's share will be payable in 2015. Albrecht: Added that the City reviewed its transportation plan to see what year we could repay the costs. Hedberg: Stated this is art excellent example of partnership. Traffic counts show the upgrade is clearly required. Millar: Concurred with Hedberg comments. Will support. Erickson: Reiterated how important the roadway is as an access to 169 and believes an upgrade can help commercial development. Noted CR 83 is also an access to medical facilities. LeMair: Will support. Haugen: Agreed that it is a needed improvement and complimented SMSC for their help in making this happen at this time. 10 City Council Meeting Minutes January 5, 2009 DRAFT MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.014 APPROVING COUNTY ROAD 83 RECONSTRUCTION LAYOUT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding Alternate Energy Sources. Community Development and Natural Resources Director Parr described technologies for alternate energy sources of biomass, solar, geothermal and wind. Explained costs associated with implementation of those various energy sources and proposed a City strategy for becoming aware, demonstrating and im- plementing alternate sources. Comments: LeMair: Commented that the information in the report is valuable and believes the geothermal, solar and wind energy sources are worth pursuing in some form.. Stated the City cannot spend money on any of these right now, but should continue to learn and discover ways to use opportunities in the future. Erickson: Commented on the benefits of the various technologies. Suggested that passive solar energy should be researched also. Agreed with LeMair that it is not time to implement any of the technologies, but could educate residents on how to become more efficient. Hedberg: Asked how much electricity will be used by the city when the water treatment plant goes into operation. Parr: Replied that information is not gathered now, but audits on the City buildings have been proposed. Hedberg: Thinks a wind turbine may be a good investment. Agrees that this is not the time for an invest- mentthat is not in our Capital Improvement Program, but research, prioritizing and conducting feasibility studies could begin. There may be opportunities the City may find attractive to include in our CIP. Rec- ommended that monitoring should lead to serious evaluation and preliminary feasibility planning so oppor- tunities can be evaluated over the next twelve months. Parr: Noted that her resources advised that there will be future opportunities that will be cost effective. Hedberg: Stated that the City's planning cycle is five to seven years for programming feasibility studies, learning specifications and identifying financing. Millar: Reviewed increased fuel costs for the City. Believes the City should be more aggressive in formu- lating aprogram and should conduct an energy audit and cost comparisons. Wondered if financing would be available with the upcoming federal economic programs and proposed that the City should be ready in the event money will be available. Stated his vision is for the City to be energy independent. Haugen: Believes the City has an opportunity to do more in auditing energy costs and usage as well as to provide leadership for residents to conduct energy audits which could impact individual budgets. Believes we should examine energy usage (conservation techniques) in addition to energy sources (supply). MOTION BY MILLAR, SEC-ONDED BY HEDBERG TO ACCEPT THE REPORT REGARDING RENEWABLE ENERGY SOURCES. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Deport on Rental Licensing and Inspection Programs. Building and Transportation Services Director Kansier explained that the City has ordinances in place that deal with maintenance of properties and also participates in the Crime Free Multi-Housing Program. Described various programs that could be adopted and compared the programs explaining advantages, disadvantages and impact:; of each approach. Suggested that consideration should be given to whom the program applies, what should be accomplished and whether a program should be self sustaining. 11 City Council Meeting Minutes January 5, 2009 DRAFT Comments LeMair: Stated he has heard no complaints. Believes the foreclosure market has forced people to rent out properties rather than sell them which has brought attention to this issue, but does not believe there is a significant problem and no more programs should be brought on line nor should work be created for addi- tional staff at this time. Expressed concern about having a building inspector go into properties to inspect concerns that are no differ~;nt than concerns held with personal homes. Believes it would drive up the cost of housing and renting and may not be enforceable. Erickson: Stated he is a landlord and is subject to such regulation in other communities. Believes a pro- gram can be self-sustaining and would not increase rent significantly. Thinks an annual inspection should include checking to see that the facility is not deteriorating the neighborhood. Every time a house is sold, the probability of it becoming a rental is greater and greater. A rental inspection program would have ad- vantages of maintaining neighborhoods, eliminating overcrowding in houses, and keeping homes safe to live in. Believes a program should be proactive. Whether the program is operated by staff or contract could be determined by staff. Millar: Concurred with Erickson. Suggested a rental inspection program's primary goal could be to check for code violations and safety issues to protect both the landlord and the tenant. Agrees the program should be self sustaining and the costs would not be a burden to the landlord. City should not act as om- budsman between landlord and tenant. Believes a program should be limited to code violations, safety and maintenance issues. Hedberg: Believes there will be more rental units in Prior Lake and the City should do something to ad- dress problems before they arise. Does not favor afull-scale licensing program, but rather something that has tenants and landlords knowing their rights and responsibilities with a mechanism for dispute resolution. The landlord would be attesting to meeting City-defined standards. Invited Lisa Peilen, Director of Munici- pal Affairs for the Minnesota Multi Housing Association, to introduce herself and her organization. Peilen: Indicated the MMHA is anon-profit trade association consisting of rental property owners and managers. Stated she works with city councils to educate members to be the best and most professional property owners that they can be. Requested to be part of the process the City undertakes to decide what to tlo. Hedberg: Believes the City should take "baby" steps rather than grand steps in terms of inspections and enforcement. Haugen: Not certain there is a problem now, but there may be in the future. Believes the City should pro- ceed slowly since complaints are few and there seems to be no reason to create mandates at this time. Believes that tracking, monitoring and inspecting is not needed at this time. Erickson: Stated he has observed the kinds of problems that can occur and believes there should be an inspection program for residential rentals. Suggested that it applies to the public safety element of the 2030 Vision and Strategic Flan. Millar: Reiterated his belief that tenants need protection from code violations for safety reasons and it is important to inspect rental properties. LeMair: Asked about individual privacy. Millar: Replied that a landlord has the right to inspect property. Hedberg: Agreed the City should tlo something believing there are a number of vacant homes and a large proportion of those homes will become rental properties before they are privately owned again. Stated he is mindful of the "big brother" government concerns and agrees the City should be cautious in that regard. Favors a licensing process that ensures that tenants get a statement that the landlord has attested to meet- ing standards and a mechanism to assure that neither landlords nor tenants are being taken advantage of. Haugen: Asked if that is perceived as a registration. 12 City Council Meeting Minutes January 5, 2009 DRAFT Hedberg: Replied it should be more than registration, but not a full housing inspection. A license could certify that a landlord is meeting standards and a fee should be involved for the program to be self sustain- ing. Haugen: Asked how rental properties should be different from privately owned properties that are deterio- rating or have problems. Suggested the City cannot regulate the inadequacy of a property owner. Hedberg: Commented there is ordinance to deal with dangerous properties. Haugen: Believes rental properties can be handled with the same mechanism. Hedberg: Reiterated his concern that the City is entering a period where people who did not expect to be either renters or landlords will have to deal with those circumstances. Does not perceive the problem to be with rental units, but rather the single family homes that are going to be rental properties for a number of years before they transition back to being family owned. LeMair: Stated there is ordinance in place to take care of properties that are blighted and it is not the Council's responsibility to know what is going on inside people's homes. Asked why houses should be any different from businesses that rent. Millar: Suggested that the City take a look at what it can do and that a program has to pay for itself. Be- lieves the City needs to recognize that there are problems out there. LeMair: Replied that the Council has no examples of the problems or factual information about what per- centage of fires, or crimes or blighted are rental units. Millar: Stated he is speaking from his experience of being along-term landlord and knowing what comes with the turf. Believes licensing should become the norm. Haugen: Acknowledged there are problems in some markets and agreed that there is not factual evi- dence of problems here. Understands there could be a problem in the future and questioned whether it is critical to take significant steps now. Hedberg: Stated he would like to direct staff to conduct further research about vacant houses and foreclo- sures. Does not think there is problem with multi-family units. Commented on the many vacant homes several months ago when 11e was out campaigning. Believes a licensing program would make sense where a landlord attests thf~y have met standards and that information is provided to tenants along with a process for resolving and problems. Erickson: Noted that the Council is being asked to determine specific goals. Hedberg: Suggested the goals should be to ensure that both tenants and landlords know rights and re- sponsibilities, and attest to that, and dispute resolution provided. Haugen: Asked how the City could make certain that every rental property in the community would con- form. Believes it wou-d be impossible to enforce expressing the difficulty that exists in implementing current ordinance. Hedberg: Replied that tenants would know if something is not in place in their unit and would be an inter- ested party to bring up any deficiencies. Haugen: Believes it would be a huge task to learn how many rental units and renters there are in the community. Questioned how that information could be gathered without incurring a significant effort and cost to get to that. Hedberg: Replied he is suggesting a variation of the proposed hybrid version of a licensing program which includes a mechanism for what it would cost. Millar: Suggested the staff may be able to draw on resources of Peilen and the MMHA. Pace: Noted there are also tenant's rights programs that can be a resource. Peilen: Stated that MMHA. represents property owners and managers and the single biggest category is independent owners who own 20 units or less. Stated there are not many members who are single family home rentals. Stated that MMHA has a hot line that answers tenant questions or property owner questions. Referred to a publication by the Minnesota Attorney General called "Landlord and Tenant Rights and Re- 13 City Council Meeting Minutes January 5, 2009 DRAFT sponsibilities" which outlines frequently asked questions and answers and has a reference guide to a num- ber oforganizations. Will send copies to each council member. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO WORK WITH MS. PEILEN AND THE MMHA TO FIND OUT MORE INFORMATION ABOUT WHAT OTHER CITIES D0, WHAT ALTERNATIVES THERE P,RE AND WHAT THE COMPLICATIONS ARE; AND BRING A REPORT BACK TO THE COUNCIL AT THE: FIRST MEETING IN MARCH. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. LeMair opposed. The motion carried. OTHER Community Events No comments were offered. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by LeMair. With all in favor, the meeting adjourned at 10:54 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 14