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HomeMy WebLinkAboutDraft January 20 Meeting Minutes City Council Meeting Minutes January 20, 2009 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Finance Director Erickson, Police Chief O'Rourke, Assistant City Manager Meyer, Communications Coordi- nator Peterson and Administrative Assistant Green. Mayor Haugen reflected on the 2009 presidential inauguration and spoke of challenges and opportunities for the City that can be met by everyone working together. 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 MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE JANUARY 5, 2009, MEETING MINUTES 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. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of December and Year-end Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of December and Year-end Fire Call Reports. F. Consider Approval Of Resolution 09-015 Authorizing The Execution Of The 2009 Joint Powers Agreement (JPA) For Street Maintenance. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes January 20, 2009 DRAFT G. Consider Approval of Resolution 09.016 Approving Prior Lake Lions Club Premise Permit for Law- ful Gambling. H. Consider Approval of Resolution 09.017 Approving an Amendment to the Joint Powers Agreement for Prosecution Services Through the Scott Joint Prosecution Association. I. Consider Approval of Resolution 09-018 Approving an Amendment to the Joint Powers Agreement and Membership in the Southwest Metro Drug Task Force in 2009. J. Consider Approval of Resolution 09.019 Amending Ordinance 109-01 Regarding Section 904 of the City Code to Include Provisions for Permitting the Use of Motorized Golf Carts on City Streets. K. Consider Approval of a Taxicab License Renewal for Southwest Metro Taxi. Councilor Hedberg requested removal of item 5C, Consider Approval of December and Year-end Building Permit Report, from the Consent Agenda. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Hedberg: Commented that the building report indicates there were 65 residential and 19 townhouse build- ing permits for 2008 compared to 80 residential and 36 town home building permits for a total of 116 in 2007. Asked about the 2006 statistics. Commented on a Star Tribune article about the housing market dropping off and believes that the Prior Lake market has held up pretty well even with development chal- lenges. leMair: Added that he follows the market closely to see building permits pulled in Minnesota and agreed that Prior Lake has quality development and products. Believes the City has a strong infrastructure and there are many attributes to building here. Asked Finance Director Erickson to report how closely the build- ing permits are comparing to the projected budget. Kansier: Provided statistics for 2006 of 84 residential, 82 town home and one 154-unit multi-family for a total of 166 permits. Stated that between 2007 and 2008, residential permits were down 19%, and town- home permits were down by 50%. Hedberg: Asked if the multi-family units were McKenna Crossing. Kansier: Affirmed. Haugen: Asked the statistics for 2005. Kansier: Replied that the total building permits came to 196. Haugen: Reiterated that in the last four years the City has gone from 196 to 84 building permits annually. Added that development peaked in 2003 and 2004 and that some of the reduction was planned. Believes the referenced article does not reflect the viability in our market. Added that the year-end 2007 report re- flects industrial/commercial permits of 27 for 1.49 million dollars and in 2008, the City had 37 indus- trial/commercial permits for 3.34 million dollars. Believes the increase in commercial/industrial permits is a good offset. Kansier: Concurred. Added there has also been an increase in the number of residential addition and remodel permits. LeMair: Believes it would be an interesting analysis to learn if the building permit trend is for smaller addi- tions. Kansier: Stated she does not know if that reflects the lessening of home valuations, but agreed it would be interesting to do a brief analysis to see what the data indicates. Haugen: Stated that the building permits tie to revenue projections and the City is in a strong financial situation, but there is a serious impact from loss of state revenue and perhaps decline in interest earned on 2 City Council Meeting Minutes January 20, 2009 DRAFT bonds. As we move through 2009, we will need to review the revenue projections to assure that we act appropriately to any discrepancy in any category. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE DECEMBER AND YEAR-END BUILDING PERMIT REPORT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Digital Television Conversion (DTC) by Dave Elbon. City Manager Boyles explained that digital television conversion is scheduled for February 17, 2009 and there have been many questions about how people with over-the-air broadcast TVs will receive a signal. Introduced Dave Elbon, a member of the Technology and Communications Advisory Committee for the City. Elbon spoke of Federal requirements for such broadcasts and explained the benefits of faster trans- mission, improved picture and sound and more program choices that the conversion will provide. Ex- plained that only over-the-air broadcast viewers will be affected, not cable or satellite users. Described the Federal program to help subsidize analog to digital converters and gave information about how to access the program although it is currently unfunded. Comments: Erickson: Remarked that he uses the converter boxes and they increase the quality immensely. Millar: Commented that he has heard that 30% of people who are using over-the-air transmission are not going to be ready for the conversion by February 17. Hedberg: Reviewed the benefits of the digital signal. Elbon: Added that even older antennas should work with converter boxes. PUBLIC HEARING Continuation of Public Hearing to Consider Approval of the Issuance of an On.Sale Beer I Wine Li. cense for Jazz Co. Cafe. City Manager Boyles reviewed the public hearing from the last meeting noting that a public hearing was held on this application at the January 6, 2009 City Council meeting. Reiterated the public health and safety concems expressed by the Council and explained that the Council wanted time to further consider the matter and had therefore voted to continue the public hearing until the January 20, 2009 meeting. The continuance also would provide an opportunity for both Jazz Co. Cafe and the Premiere Dance Academy to discuss the issues. Stated that Sergeant Stanger met with both parties to discuss the operations of busi- ness with a liquor license. Mayor Haugen invited comments from the public at this continued public hearing. Camille Myser, 4616 Colorado Street, owner of the Jazz Co. Cafe. Provided a presentation to explain: why they are applying for a beer/wine license and to address the concerns brought up by the Council at its last meeting relating to; 1) cooperation and compatibility between Jazz Co. Cafe and Premiere Dance Academy, 2) health and safety issues concerning children who attend the dance academy; and 3) service training for employees who sell alcohol. Believes a wall in the lobby will be beneficial in separating the two businesses and it would help to provide an awareness of the separate spaces. Believes the granting of this license would fit the 2030 Vision and Strategic Plan for downtown. Expects the liquor sales to provide less than ten percent of the overall revenue, but would help to increase dining sales. 3 City Council Meeting Minutes January 20, 2009 DRAFT MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 6:40 p.m. Comments: LeMair: Commented that several members of his family spend time at the academy. Stated he has spo- ken with customers of both the cafe and the academy and feels comfortable with approving the license if there are controls in place, such as the proposed wall. Has some concern about the possibility of patrons having had multiple glasses of wine and driving afterwards, but recognizes that such drivers could be com- ing from any number of facilities. Believes Jazz Co. Cafe deserves the same opportunities that other busi- nesses downtown have. Would like alcohol served beginning at 6 p.m., but can understand that is not everyone's feeling. Erickson: Commented that the Jazz Co. Cafe is not a bar atmosphere such as the VFW. Asked whether the wall will be built, what it will look like and whether there will be a way to let people know they cannot leave the area with alcohol. Myser: Replied that discussions of a wall were to define that there were two separate businesses rather than for health and safety reasons and she is willing to have one, but does not have a design for a wall at this time. Erickson: Believes a wall is needed to define the space that allows alcohol. Myser: Replied that the academy does not let people bring food or drink into that area so that is not hap- pening now. Erickson: Asked for commitment to have a wall. Myser: Replied that Schulberg owns the building and would have to agree to it. Haugen: Noted that the Council can define having a wall as a condition of the permit. Millar: Complimented Myser and Schulberg on their mutual respect even though they disagree and added that it is apparent that Schulberg's only concern is for the students and that Myser shares the wish for the well being of the students. Stated he is basing his decision on having a safe and healthy community and Chief O'Rourke's comments that there are no undue risks in allowing this licensure. Perceives no addi- tional driving risk and agrees the Jazz Co. Cafe is a restaurant atmosphere, not a bar atmosphere. Will approve. Hedberg: Commented on the design of the building space for dancers and that the cafe was designed as a resource for parents and dancers. Stated he was not aware that it would strive to be a destination place for dinner. Believes these are two intimately entwined businesses that have clients that they share and they need to find the solution for monitoring the people within their facility. Stated he has heard a willing- ness on the part of both to assure that the clients of both businesses are properly cared for and properly policed. Will support. Haugen: Stated his biggest concern has been for the safety and health of kids and he has not heard any comments about supervision that would guarantee the safety of kids. Not concerned about mixture of al- cohol and kids in a supervised environment as parents can choose how much exposure they want their kids to have. Believes the wall with a doorway is important and noted that there is only one restroom which would be on the academy side and supervision of that would be important. Noted that the Police Depart- ment has completed the required research of Jazz Co. Cafe and learned that it would qualify for licensure. Stated that part of the Council's task is to communicate the rationale for granting or denying a license. Asked if the cafe would be a "hang-out" area for the academy students, as it is currently, with a wall. Dawn Schulberg, 4616 Dakota Street, owner of Premiere Dance Academy, replied that the building was designed with many areas for the students and parents to sit, study, sleep or do homework; and there is a small waiting room and several benches where they can sit. 4 City Council Meeting Minutes January 20, 2009 DRAFT Haugen: Understands that part of the cafe's business plan is to increase the number of customers and wonders if that can be done if the academy students are hanging out. Myser: Replied that this topic was ongoing conversation between the academy and the cafe prior to licen- sure application. Explained that there is down time for the dancers and they have spent time at the cafe, but when it gets closer to the dinner hour, they have been asked to move into the academy space. Haugen: Asked if the restroom will be supervised. Myser and Schulberg: Affirmed. Schulberg: Added that persons have to pass the academy desk to get to the restroom and the desk is always staffed. leMair: Commented that if that person has to leave the desk, it is unstaffed and believes the burden for supervision should not be placed on academy staff. Haugen: Noted he posed the question to learn whether the issue has been discussed and provided for rather than to determine the responsibility. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE THE APPLICATION FOR A ON- SALE BEER/WINE LIQUOR LICENSE BY THE JAZZ CO. CAFE WITH THE CONDITION THAT AN APPROPRIATE WALL WITH A DOORWAY BE BUILT BETWEEN THE CAFE AND THE PREMIERE DANCE ACADEMY ACCORDING TO DESIGNS THAT BOTH OWNERS AGREE UPON. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Public Hearing to Consider Approval of a Resolution Ordering the Maple Glen 2nd Addition Project and Preparation of Plans and Specifications. Public Works Director Albrecht described the proposed improvements including the final lift of asphalt and some landscaping, and explained the project is moving forward at this time to assure that the devel- oper pays the cost of the improvements to complete infrastructure and that residents currently living in Ma- ple Glen will not receive this assessment. Explained that the MN Statutes Chapter 429 process is being followed since a portion of the project is being specially assessed. Stated the developer has indicated he will waive the right to appeal assessments. MOTION BY MILLAR, SECONDED BY ERICKSON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:18 p.m. Comments: Tim Kvidera, 17776 Wedgewood, believes it is appropriate that the City has a mechanism to assure that the infrastructure is completed. Expressed concern about a portion of the uncompleted development con- tract which calls for 600 caliper inches of trees to be replaced. Noted that two growing season have passed since excavation and asked whether the landscaping referred to will include that reforestation. Albrecht: Yes. Added that the original plan was to wait until the lots developed for proper placement of the trees, but with the slowing building market, the trees did not get replaced. City wants to have that plant- ing done, but wanted the planting to be viable with someone living there to take care of them. MOTION BY LEMAIR, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 7:22 p.m. 5 City Council Meeting Minutes January 20, 2009 DRAFT Comments: Hedberg: Stated this action is appropriate and necessary. Commented that it is unfortunate that the mar- ket has allowed the development to stall, but it is good that the City has a mechanism to allow completion of the infrastructure. This is a creative solution to use Chapter 429 bonds and assess the cost back to the lots the developer owns. Asked if there is any financial risk to the City. Albrecht: Replied that the assessment is planned for a one year period of time. Staff is working on all of the potential scenarios before future decisions are made to pursue the process. Hedberg: Will support. Millar: Will support. Erickson: Will support. Commented that it is not being paid for by current residents and sympathized that two growing seasons have gone by and the resident has not had green space around his home. leMair: Concurred with previous comments. Appreciated that Kvidera brought forward comments and added that residents in the development deserve to see the development finished. Will support. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.020 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MAPLE GLEN 2ND ADDITION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Public Hearing to Consider Approval of the Issuance of an On.Sale Beer I Wine License for the Cove. City Manager Boyles explained that the public hearing is to provide an opportunity for the public to provide input on the pending application for an on-sale beer/wine license at The Cove. Described the location as that of the former Lakehouse Grill on Hwy 13. Explained City Code conditions that address the number of guests, education program for employees, and that the location is more than 300 feet from a church or pub- lic school. The Cove meets all of the criteria. MOTION BY LEMAIR, SECONDED BY ERICKSON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:30 p.m. Comments: Bruce and Brock larson, owners of The Cove at 15750 Hwy 13 South, stated they plan the facility to be a pub based around the theme of music. Their goal behind starting this business is to share their music col- lection with people who are passionate about music. The Cove will be a family place with a safe, fun at- mosphere. Anticipate that the clientele will be over 30 years of age. Plans are to have a simple menu, an acoustic artist night once per week and hours from 11 p.m. to 1 a.m. Anticipate four or five employees in addition to themselves. Stated they have signed a three year lease and hope to open the second week of February. MOTION BY LEMAIR, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 7:36 p.m. Comments: Erickson: Asked if the music will be amplified. 6 City Council Meeting Minutes January 20, 2009 DRAFT Bruce: Replied it is planned to be one or two persons singing blues, jazz or country and will not be a full electric band or any heavy music. Erickson: Asked if any other kind of licensing would be required. Boyles: Replied that if the music event is within the structure, there is no need for an outdoor event permit. If an event moved outside with more than 50 people, there would be other considerations. Erickson: Queried the parameters of outdoor events. O'Rourke: Responded that a location can have up to four outdoor events per year, but a sponsor can only have two. So, the bar would be able to sponsor two events and someone else could apply to have two more events at that venue. Erickson: Commented he has stopped in to see the progress of remodeling. Noted that this location had a full liquor license so the facility meets requirements. Will support. leMair: Will support. Welcomed them to the community and wished them well with their endeavor. Hedberg: Commented that he likes the concept and it will be a great addition to the City. Asked why they preferred a wine/beer license rather than a full liquor license. Bruce: Replied they believe it will attract the kind of clientele they want to have. The decor will represent the time period of the 1970s. Added that it was named after Candy Cove. Hedberg: Commented that this location had a full liquor license in the past and would not be surprised if they approach the Council for full licensure in the future. Millar: Asked about music programming. Bruce: Replied there will be many different music formats and all of it great. Millar: Asked if there will be a game room. Bruce: Replied there will be such things as a pool table, video games, small games people can play at a booth and music trivia at the bar. Haugen: Bid them welcome and noted that the mixture of music and a basic menu will be nice. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE ISSUANCE OF AN ON-SALE WINE/BEER LICENSE FOR THE COVE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS No old business was conducted. NEW BUSINESS No new business was conducted. OTHER Community Events Erickson: Complimented the Park and Recreation Department for a successful Winter Blast. Hedberg: Reminded viewers of the 2030 Vision and Strategic Plan update on March 11 at the Wilds be- ginning at 5:30 p.m. Encouraged members of the public to join the workshop. Haugen: Reiterated that whatever niche of the City an individual represents, they should participate. Be- lieves this is the most critical update due to the impact market conditions are having in the City; and the City wants this update to be appropriate and representative of various niches. Told of the Park and Rec- reation Department first Teen Hangout night at Club Prior and listed dates for future Teen Hangouts, which many have stated has been a long term need in the City. Stated he attended the reception for Scott County Administrator Unmacht who is leaving Scott County and going into private business. 7 City Council Meeting Minutes January 20, 2009 DRAFT Executive Session. lElS Contract Mayor Haugen called a recess at 7:53 p.m. in order for the Council to move to an executive session re- garding progress on the Law Enforcement Labor Services (LELS) contract. RECONVENE The meeting reconvened at 9:05 p.m. and Mayor Haugen advised the audience that contractual negotia- tions with LELS were discussed and staff was provided with direction to continue contract discussions. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Erickson. With all in favor, the meeting adjourned at 9:06 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8