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HomeMy WebLinkAbout04A - Draft February 17 Meeting Minutes City Council Meeting Minutes February 17, 2009 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Girouard, Public Works Director/City Engineer Albrecht, Assistant. City Engineer Poppler, Building and Transportation Services Director Kansier, Code Enforcement Officer Corrow, Community Development and Natural Resources Director Parr, Planner Matzke, Finance Director Erickson, Police Chief O'Rourke, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. STATE OF THE CITY ADDRESS Mayor Haugen spoke of the complexities of government, the challenges presented by ever changing re- sources and priorities and the value in having a long-term vision to direct the commitment of resources to development, infrastructure and amenities. He reviewed the accomplishments of 2008 and explained how they responded to the 2030 Vision and Strategic Plan elements. He spoke of the economic challenges of 2009 and described how the City will meet those challenges stating the City has a healthy financial status. Partnership entities were complimented for their contributions to the community and possible future en- deavors were mentioned that could include joint parks, water treatment and recreational programming. Mayor Haugen encouraged listeners to participate in the next meeting to update the 2030 Vision and Stra- tegic Plan. RECESS A recess was called at 6:28 p.m. RECONVENE The meeting reconvened at 6:50 p.m. 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 offered three changes to the agenda: Consent Agenda Item 5 I revised to, Consider Approval of Resolution 09-029 Appointing Bob Jader to the Economic Development Advisory Committee and Resolution 09-030 Appointing Charles Howley to the Planning Commission; and removal of Agenda items 9A, Consider Approval of an Ordinance Amending Chapter 11 J the Zoning Ordinance and Zoning www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes February 17, 2009 DRAFT Map, and 10B, Consider Approval of a Resolution Establishing the Jeffers Pond Interpretive Center Com- mittee and Project Schedule. Councilor Erickson suggested that item 7 A, State of the City Address, be removed from the agenda since it has already been presented. 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 MillAR, SECONDED BY lEMAIR TO APPROVE THE FEBRUARY 2, 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 Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 09-026 Approving Plans and Specifications and Authorizing Ad- vertisement for Bids for the Brooksville Hills Phase II Improvement Project (City Project #09-11). G. Consider Approval of Resolution 09-027 Approving Plans and Specifications and Authorizing Ad- vertisement for Bids for Maple Glen 2nd Addition Improvements. H. Consider Approval of Resolution 09-028 Accepting Donations and Grants to the City During 2008. I. Consider Approval of Resolution 09-029 Appointing Bob Jader to the Economic Development Ad- visory Committee and Resolution 09.030 Appointing Charles Howley to the Planning Commission. Councilor Millar requested that 5 I, Consider Approval of Resolution 09-029 Appointing Bob Jader to the Economic Development Advisory Committee and Resolution 09-030 Appointing Charles Howley to the Planning Commission, be removed from the Consent Agenda. Councilor Hedberg requested that 5H, Consider Approval of Resolution 09-028 Accepting Donations and Grants to the City During 2008, be removed from the Consent Agenda. MOTION BY ERICKSON, SECONDED BY lEMAIR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, leMair and Millar. The motion carried. Millar: Sought clarification about the process underlying the appointment of Charles Howley to the Plan- ning Commission. leMair: Replied that he was a member of the interview committee for the Planning Commission in De- cember. Paul Perez was recommended and approved for reappointment to the Planning Commission, but the interview committee was impressed with the expertise that Howley had to offer. After learning that 2 City Council Meeting Minutes February 17, 2009 DRAFT Vaughn Lemke would be leaving the Planning Commission, the interview committee was consulted about and concurred with the appointment of Howley. Millar: Asked if the Howley interview was conducted with the most recent round of interviews for the Plan- ning Commission. leMair: Yes. Erickson: Added that Howley was also interviewed for the Economic Development Advisory Committee and concurred that he is well qualified for this appointment. Hedberg: Commented that accepting donations and grants is routine action for the City. Asked City Man- ager Boyles to relate the individuals and organizations that made significant contributions to the city as a way of recognizing those partnerships. Boyles: Read the contributions listed in the agenda report. Reiterated that this is a "housekeeping" item so the City Council and public is aware that the contributions were made and have not yet been accepted in any other formal documentation. Hedberg: Added that often the big contributions are highlighted with discussion or in specific resolutions relating to those contributions, but these contributions are also significant and he is delighted to acknowl- edge them. MOTION BY MillAR, SECONDED BY HEDBERG TO APPROVE 51, CONSIDER APPROVAL OF RESOLUTION 09-029 APPOINTING BOB JADER TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AND RESOLUTION 09.030 APPOINTING CHARLES HOWLEY TO THE PLANNING COMMISSION, AND 5H, CONSIDER APPROVAL OF RESOLUTION 09-028 ACCEPTING DONATIONS AND GRANTS TO THE CITY DURING 2008. VOTE: Ayes by Haugen, Erickson, Hedberg, leMair and Millar. The motion carried. PRESENTATION Consider Approval of a Report on 2008 Code Enforcement Activity Code Enforcement Officer Corrow reported on code enforcement statistics explaining that the number of reported code violations has increased over 2007 which should be expected with a full-time enforcement officer. Described the kinds of violations and the expectations for continuation of violations of such things as overgrown grass and weeds due to undeveloped lots, etc. Noted that some kinds of violations are re- duced from the previous year such as outdoor junk storage and vehicles parked in yards. Comments: leMair: Asked if it counts as two violations if someone calls about grass/weeds at two different times for the same location. Corrow: Replied that it could depend on the time between complaints, but, generally, he would not con- sider it two violations. leMair: Asked if several neighbors call on the same place. Corrow: Yes. Related the notification process following a complaint of attempting to contact the home- owner, followed by the City stepping in to cut the grass/weeds if it becomes necessary. Erickson: Believes it is positive to do enforcement on an inspection basis rather than totally on a com- plaint basis as it is unfortunate if a neighbor has to call on another neighbor. Recalled a situation where a complaint was made and the Rotary Club helped to remedy it. Hedberg: Asked what it is like to work with residents who have received complaints. Corrow: Replied that it is always helpful to be able to talk face to face with the homeowner and, generally, there a positive response when he is able to do so. 3 City Council Meeting Minutes February 17, 2009 DRAFT Hedberg: Noted that six of the 250 complaints were referred for prosecution in 2008 and asked how many were prosecuted in 2007. Corrow: Replied that there were five violations referred for prosecution in the six months of his employ- ment during 2007. Hedberg: Believes that even though there may always be a few violations that need prosecution, people want to have a nice town. Millar: Asked if all of these violations were brought forward as complaints. Corrow: Replied that approximately 150 were complaints and the remainder was found through observa- tion and inspection. Added that he tries to drive through every area of the City during the week and will take action on obvious violations that he observes. Millar: Asked about the process after the first notification. Corrow: Replied that if he cannot contact the homeowner while at the residence, he leaves a note. When the homeowner calls, correction steps are discussed with timelines. If there is no response, a warning is sent to the homeowner. Finally, if no correction is made, the homeowner is advised that the violation will be sent to prosecution. Haugen: Commented that Corrow volunteered his time and helped the Rotary Club with the new siding placed on a garage in the aforementioned incident. MOTION BY HEDBERG, SECONDED BY MILLAR TO ACCEPT THE 2008 CODE ENFORCEMENT REPORT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PUBLIC HEARING No public hearing was conducted. OLD BUSINESS No old business was considered. NEW BUSINESS Consider Approval of an Ordinance Amending Section 603.100 of the City Code to Update the Cur. rent Grass and Weed Maintenance Requirements Code Enforcement Officer Corrow explained proposed changes to define the requirement for grass and weed maintenance on undeveloped and vacant property. Exceptions would include growth on slopes with a 3: 1 grade ratio as well as wetland buffers. Described the 15-foot strip of trimmed vegetation for undevel- oped properties as well as a provision to allow new seeding to grow to a height that allows healthy root sys- tem development. Proposed that the penalty for violation should mirror that of Minnesota Statute. Comments: leMair: Commented that the proposed changes are fair and sensible. Questioned the exception for mow- ing undeveloped residential lots stating he empathizes with neighbors living next to undeveloped lots for several years. Corrow: Reviewed the section of the proposal providing that in a residential area, any lot adjacent to a developed lot is required to be mowed. Added that there are lots that have been foreclosed on and there is no one to contact about them. leMair: Stated concern that uncut lots can start to be dumping places, but will support the proposed ordi- nance. 4 City Council Meeting Minutes February 17, 2009 DRAFT Hedberg: Agreed this is a reasonable way to move forward noting that there are 500-600 lots that are not developed and may not be for five or six years. Asked if a lien can be placed against a lot if the City has to cut it and the builder or other owner does not pay for that service. Corrow: Replied that an October 15 deadline is proposed for receiving payment after which the cost can be assessed against the lot. Millar: Will support. Erickson: Questioned the 3:1 ratio on a slope and why that ratio was chosen as appropriate for not mow- ing. Corrow: Replied that the roadside ditches are set at 3:1 in the MnDOT maintenance manual as the pitch recommended for safe mowing. Erickson: Suggested that it should be a steeper slope before the owner is exempted from mowing. Asked if mowing is intended to go to the roadway. Corrow: Affirmed that the homeowner is responsible for mowing up to the roadway. Referred to the sec- tion that discusses mowing a 15-foot strip along adjacent lots and city streets for undeveloped lots. Erickson: Believes the exception should read that it is mowing next to the undeveloped lot so it does not appear as though we are excepting the roadway. Kansier: Replied she interprets the proposed language to mean it is only an exception under the undevel- oped property section. Erickson: Suggested it be defined differently so the intent is clear. Boyles: Responded that section 603.301 seems to clearly state the intent. Girouard: Concurred. Erickson: Asked about landowner responsibility for mowing the area that is in the right-of-way, but be- tween the homeowner's lot and road. Girouard: Replied that just like snow or ice on a sidewalk, a homeowner can be required to control weeds and grass up to the city streets, and that such a requirement is consistent with Minnesota Statute and case law. Municipalities have the authority to require property owners to mow grass up to the street in order to protect health, safety and welfare, and that authority extends to aesthetic concerns. Erickson: Asked if the same criteria apply for a county road that passes through the city. Girouard: Replied there are situations where the county prefers to maintain the right-of-way, but in gen- eral, the property owner is responsible to maintain up to the street. Erickson: Provided examples of areas where people plant trees, mow up to the trees, and do not mow the tree-to-road area; and areas where the county has installed fencing and areas from the fence to the road- way are not mowed. Asked if such areas should be subject to code enforcement. Corrow: Stated there are many gray areas in the ordinance and language has not been found to address every piece of property in the City that is not mowed. Discretion has been used in determining enforcement as well as consideration of past practice. Erickson: Questioned whether the City should enforce code sporadically. Girouard: Responded that this ordinance requires an amount of discretion giving as an example ice re- moval from sidewalks, where a code enforcement officer has to determine how much ice is too much and whether it should be removed. Stated that as with other enforcement schemes, there is discretion granted to the code enforcement officer and that reasonableness in light of the health, safety, welfare and aesthetic components would need to be considered. Erickson: Suggested the 3:1 ratio for mowing should be changed to 2:1. leMair: Could accept 2:1 and asked whether it would affect anything. Haugen: Supports 3:1 suggesting that Parks and Fleet Supervisor Friedges would be able to address whether a 3: 1 or steeper ratio is dangerous for mowers. Hedberg: Believes mowing on a 33 percent pitch (3:1) can be dangerous. 5 City Council Meeting Minutes February 17, 2009 DRAFT Poppler: Added that a 4:1 ratio is consistent with design standards and that a 3:1 slope is comparable to the bluff area which is designated at 30 percent. Haugen: Believes the intent of the proposed ordinance is clear and will support a 3:1 pitch for mowing. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE ORDINANCE 109.02 AMENDING SECTION 603 (WEEDS) OF THE PRIOR LAKE CITY CODE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the City Manager to Enter into a Grant Agreement with the Minnesota Pollution Control Agency Subject to Receipt of an Environmental Assistance Grant Building and Transportation Services Director Kansier explained that the goal of the environmental assistance grant is to create "green" initiatives that would guide development practices to encourage the use of sustainable design. The grant would enable SCALE partners to work with a consultant to develop the guidelines. Stated that Savage, Shakopee and Scott County will be considering resolutions to support the project and to share in the matching funds. The City's match will primarily be contribution of staff time. Comments: Hedberg: Clarified that the grant will be used to create a blueprint for green development for all of Scott County. Kansier: Affirmed. The entities all had different ideas of what they would like, but guidelines would let them consolidate and coordinate. Hedberg: Believes this is a significant step and consistent with the 2030 Vision element to be friendly to the environment. Suggested that it would not have happened without Kansier's assignment to grant writ- ing. Asked if the $20,000 value of staff time would be shared equally with all of the government units. Kansier: Affirmed, adding that Savage, Shakopee and Scott County are considering similar resolutions so the staff time will be shared equally. Hedberg: Complimented Kansier on leadership initiative and this important project. Millar: Stated this is a good example of the spirit of cooperation and partnership to arrive at agreement and share responsibility. Complimented Haugen for his endeavors on this project. Erickson: Commented that this may result in recommendations for zoning changes and asked if it will be brought to the Planning Commission. Kansier: Replied that when a model is drafted, the group will provide training to staff, planning commis- sions, city councils, etc. to allow all to become familiar with the program. If any changes are recommended to ordinance, it would have to go to the Planning Commission and City Council. leMair: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.031 AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY SUBJECT TO RECEIPT OF AN ENVIRONMENTAL ASSISTANCE GRANT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the City Manager to Execute a Master Subscriber Agreement for Court Data Services 6 City Council Meeting Minutes February 17, 2009 DRAFT Police Chief O'Rourke described the e-ticketing process and the increased legibility of citations and im- proved efficiencies for the police department and all of Scott County. Noted that the process to purchase and install e-ticketing equipment throughout Scott County began about a year ago. Comments: Erickson: Asked if transmission of the data would occur over the 800 MHz system. O'Rourke: Replied that it would transmit from the police car over 800 MHz and the remainder of the proc- ess would occur through the fiber optic line. Erickson: Asked if the data is encrypted to assure that privacy is not breached. O'Rourke: Affirmed, agreeing that much of the information is private. Replied that the data is encrypted, the general public does not have access to this fiber optic line, there are special firewalls on the system and secure log-on usernames and passwords. LeMair: Will support. Stated it is a good process and removes some of the possibility of human error. Asked if this will be a system that integrates information between states. O'Rourke: Replied that this process is a one-way transmission to the state and any lag time to share in- formation with other entities will not be impacted by this. Hedberg: Queried whether the hardware is already purchased and just licensure remains to be done. O'Rourke: Replied that all equipment was purchased in 2007and the process of going online is underway. Commented on the officer safety features that are included, such as voice recognition allowing officers to safely access license and registration information while driving. Hedberg: Stated it is an important beneficial feature to having this in the squads. Will support. Millar: Agreed it is a big improvement in safety for officers. Will support. Haugen: Will support. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-032 AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE MASTER SUBSCRIBER AGREEMENT FOR COURT DATA SERVICES FROM THE STATE OF MINNESOTA, STATE COURT ADMINISTRATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Hedberg: Stated that Web streaming is working well and encouraged anyone watching to try it. LeMair: Skate the Lake will be this Sunday at Captain Jack's. Haugen: The 2030 Vision and Strategic Plan update will be March 11 at the Wilds at 5:30 p.m. Encour- aged all interested persons to RVSP and provided contact information to do so. 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 8:08 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 7