Loading...
HomeMy WebLinkAbout04A- Draft March 16 Meeting Minutes~ p~ PRjO `°`°~ ~*.- ,! J ~.:~~, ~ U ~-~---E~.~-....r~J ~ `~~-__- ~INIVES~~~' 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes March 16, 2009 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Planner Matzke, Finance Director Erickson, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assis- tant 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: Jeff Phelan, 14271 Timothy Avenue NE, requested that the Council deny a comprehensive plan amend- ment request scheduled for action at this meeting, and return it to staff for further consideration. Com- mented that the proposed site is a usable area of 4.25 acres and would fit better in commercial neighbor- hood retail (C-NR) designation rather than the community retail shopping commercial (C-CC) designation that is being requested. Believes a case can be made that the C-NR would afford all of the benefits to the City and would be less intrusive to the neighborhood. It would focus on the long-term tax base and be a reasonable transition from residential to commercial. Believes C-CC would serve a broader area and should not be directly adjacent to residential zoning. Stated he realizes there will be future public hearings to address development concerns. Believes that it is imperative to look at the best long-term solution for the city and residents. Sandee Wright, 14300 Timothy Avenue NE, stated she lives directly across from one of the residences purchased by the developer. Referred to recording artist Joni Mitchell and recited the lyrics to, "take para- dise and put up a parking lot," and commented that governments have instituted planning processes since the date of those lyrics; but this land use designation amendment request abuts her paradise. Stated she moved to the neighborhood after considering size, affordability and location and one of the most important neighbors was the church. Believes land use planning is intended to help make decisions about things that can be very emotional. ~ Noted that at the Planning Commission meeting three of the commissioners had a difficult time with the C-CC designation. Stated there is a responsibility to nurture and protect the neighborhood. Believes that the City thinks it is logical to have the property be commercial and suggested that it be changed to C-NR rather than C-CC. Kallie Ostlie, 14419 Watersedge Trail, described the approval of the Planning Commission for this request as a weak 3-2 vote. Stated that 25 neighbors attended the hearing and petitions were placed into the re- cord. Stated that residents expressed concerns about traffic, noise and safety, as well as how this pro- posed use is contrary to the current comprehensive plan which has objectives of promoting sound land use and consideration of adjacent land use. Stated that commercial land to the north and south of the site is mostly service oriented rather than retail. Questioned the amount of employment opportunity this conver- www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 City Council Meeting Minutes March 16, 2009 DR,4FT sion would add to the existing opportunities and challenged someone to figure out what the tax benefit would be. Stated she found case law to support that an applicant should be required to show a mistake in the comprehensive plan to allow for an amendment; and other case law that says having commercial prop- erty nearby is not sufficient reason to merit a change in the comprehensive plan. Believes there is not appropriate transition between the low-density residential to commercial retail shopping and that C-CC does not satisfy the spirit of the comprehensive plan. Believes the two residential properties were pur- chased to make this site eligible for C-CC and that a site plan has already been submitted to the City Council. Does not agree that diversifying the tax base is a "be-all" reason for amending the plan. APPROVAL OF AGENDA City Manager Boyles requested the addition of item 5J, Consider Approval of a Report Authorizing Publi- cation of a Notice by the City of Prior Lake, Minnesota, of its Intent to Consider an Application for Franchise TV. MOTION BY MILLAR, SECONDED BY ERICKSON 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 HEDBERG TO APPROVE THE MARCH 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 09.036 Rejecting the Bids for the 2009 Street Overlay Project, Modifying the Scope of the Project and Authorizing the Staff to Re-advertise. G. Consider Approval of Resolution 09.037 Accepting Quotes and Authorizing Staff to Contract with HaulersNendors to Provide Services for the April 18, 2009 Clean-Up Day in Prior Lake. H. Consider Approval of Resolution 09.038 Authorizing Purchase of 2009 Harley Davidson for the Police Department. I. Consider Approval of Temporary On-Sale Intoxicating Liquor (Beer and Wine) License for the Church of St. Michael. J. Consider Approval of a Report Authorizing Publication of a Notice by the City of Prior Lake, Minne- sota, of its Intent to Consider an Application for Franchise TV. Councilor Hedberg requested removal of item 5F, Consider Approval of Resolution 09.036 Rejecting the Bids for the 2009 Street Overlay Project, Modifying the Scope of the Project and Authorizing the Staff to Re-advertise, from the Consent Agenda. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODIFIED. 2 City Council Meeting Minutes March 16, 2009 DRAFT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Hedberg: Commented that the bids for the 2009 reconstruction project came in higher than expected so the project will be reduced in order to be within budget. Expressed concern that there have been delays in street reconstruction in the past for various reasons and asked how the City would get back on schedule. Stated that the City adopted aten-year transportation plan for the purpose of accelerating reconstruction and overlays. Asked how much work is being deferred from the ten-year plan. Albrecht: Replied that overlay work is not part of the ten-year plan and that this year the City is spending more than it has in the past on an overlay project. Explained that staff had hoped to achieve additional pro- ject work this year in anticipation of receiving low bids. The original scope of work will be accomplished this year, but the extra project (Fremont overlay) will be planned for next year and the street will instead receive interim repairs this year. Emphasized that the City is not falling behind on the ten-year plan. Hedberg: Reiterated the importance of street maintenance and street reconstruction. MOTION BY HEDBERG, SECONDED BY ERICKSON TO CONSIDER APPROVAL OF RESOLUTION 09- 036 REJECTING THE BIDS FOR THE 2009 STREET OVERLAY PROJECT, MODIFYING THE SCOPE OF THE PROJECT AND AUTHORIZING THE STAFF TO RE-ADVERTISE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Variance Report Planner Matzke reported on activity in 2008 including five variance applications noted that nine requests were acted upon. Stated that three of the lots requesting variances were within the shoreland district. Pro- vided comparables for the previous five years noting that the majority of requests were to make improve- ments in sideyard and setback areas. Spoke of amendments that were made to zoning ordinances during 2008 that were intended to allow greater flexibility in parking regulations and reduce impervious surfaces on commercial sites for specific land uses. Other amendments updated references to stormwater planning documents and defined a "grandfathered-in" period for existing and future regional collection and treatment facilities. Commented that variance requests are reduced by having staff review plan designs and offer solutions to residents and business owners in their designs rather than requesting a variance. Comments:. Millar: Complimented staff on attempts to be customer and client service oriented which allows the City to avoid some variance issues. Erickson: Stated that the report points out that staff is working with requests. Noted that nearly every ap- plication has to do with riparian lots where the resident is trying to squeeze something more in. Added that the City no longer has vast numbers of variance requests and people are not leaving upset. LeMair: Concurred with previous comments and will accept report. Hedberg: Agreed that revisions to zoning ordinance and staff seeking solutions for variance requests have made variances less frequent. Questioned why a variance was granted from a bluff setback requirement and a variance from the ordinary high water line. Matzke: Replied that the bluff lot is on Pixie Point Circle where lots are very steep. This case was an older house that requested a teardown and reconstruction, but the actual area to work with was small. They were given allowance to go into the top of bluff with particular bluff guidelines. The other site was on Spring Lake Road for a small lot with a cabin. It is guided as a buildable lot and had to continue to be able to build on the existing site. Hedberg: Asked if care was taken to assure there would not be negative effects on the shore,land. City Council Meeting Minutes March 16, 2009 DRAFT Matzke: Responded with the requirements that had been established. Hedberg: Stated that taking care of lakeshore is important and these two cases demonstrate those the City regularly faces. Added that staff figured out a way to give the residents something buildable, but miti- gated potential negative impact. Haugen: Added that having a declining amount of variance requests reflects more clarity in the zoning ordinance and that solutions can be found without controversy. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE VARIANCE SUMMARY REPORT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Joint Report from City of Prior Lake Recreation /Community Education Recreation Coordinator Barstad and Community Education Programmer Dobie reported on collabora- tion of programming between the City and Community Education and the benefits of online registra- tion/credit card payment, variety in programming and shared program staff and expenses. Barstad com- mented that she serves on the Community Education Advisory Council and that Community Education uses City facilities for some of its programming. Dobie explained programs that provide transportation of kids to parks and the Teen Hang Out program and how they work with students to learn how that can be improved. Dobie also described how marketing information about the programs is conducted and venues used to do that. Barstad spoke of interest in collaborating with the YMCA and any other interested entity in the area. Comments: Hedberg: Asked if people can pay for their programming online as well as register. Barstad: Replied they can do so with charge cards or they can mail in their payment. Hedberg: Asked if any consideration has been given to partnering with Prior Lake Athletics for Youth (PLAY) to build a "one-stop" registration place. Barstad: Replied that links to PLAY are on the Website, but that PLAY wishes to continue their current process at this time. LeMair: Appreciates that we are taking advantage of each group's assets and it is good to hear success stories surrounding Club Prior. Asked if other groups are given information to distribute about City / Com- munity Ed programs and vice-versa. Barstad: Agreed such information exchange could be done with the right venue, such as the Wavelength; but something such as email lists cannot be shared due to confidentiality. LeMair: Asked if there is any plan to merge the City /Community Education departments in the future. Barstad: Replied that some communities have merged the two. Erickson: Asked which buses are used to pick up kids from school to transport to the skate park. Dobie: The Laker Link bus. Barstad: Commented about the opening date of the skate park, the schedule of use and how parents pick up their kids from the park. Erickson: Asked if the Laker Link could include the skate park as a regular stop. Barstad: Replied that anyone can ride the Laker Link bus to Lakefront Park for a dollar all summer through August. Millar: Stated this is a great example of the advantages of collaborating. Commented that he and Coun- cilor LeMair served on the committee to establish Club Prior and wanted the facility to be multi-user. Great to see a place for kids to hang out as well as for seniors. Haugen: Stated the City and School District have done a lot together over the past few years and be- lieves there are opportunities to do more. Commented on the facilities in the area: gyms, parks, fields, 4 City Council Meeting Minutes March 16, 2009 DRAFT skate park, fitness center, ice arena and the YMCA building and camp, noting that many of the organiza- tions also have programs. Believes a challenge for the future is to learn what else can be done most cost effectively. Suggested that the City of Savage Recreation Department be approached to strengthen the programming. Barstad: Responded that the Recreation Department has worked with Savage for busing and to recruit attendees for trips, etc. Water Treatment Facility Public Works Director Albrecht commented that the water treatment facility is now producing filtered wa- terwith 98% of the manganese and 95% of the iron removed. Brown water incidents will become fewer and within two years should be isolated events. Commented on funding for the budget explaining that a second bonding will not be needed to complete the project and complimented financial planning to have achieved that. A grand opening will be scheduled for early June. Expressed appreciation for the patience of the neighborhood in dealing with the construction project in their back yard. Provided a video tour of the facility and stated the video will be available on the Website after the meeting. Comments: LeMair: Pleased to have the project completed. Commented that he served on this committee and that a great group of neighbors and staff worked on it. Thanked the neighborhood for its tolerance of the con- struction and assured them that the site will look good in the future. Asked if users will see any difference in their water. Albrecht: Replied that it will seem much the same except for levels of iron and manganese. Erickson: Commented that clean water is one of the City's primary responsibilities. Stated that having a water treatment facility will reduce expenses to the end user because water softeners and water heaters will last longer; and it will reduce expenses to the City because the maintenance and flushing of pipelines will be lessened. Asked about the addition of phosphate to the water questioning whether that chemical should be kept away from the lakes. Albrecht: Replied this is a mix of ortho and polyphosphate which helps keep the iron and manganese in the water from precipitating out into the pipes; and will help clean out lines when they are flushed. It also helps with iron and copper contaminant issues. Erickson: Asked if lesser amounts of the chemicals will be needed when the water is filtered. Albrecht: Replied the City expects to continue using it to help with copper and lead issues in home ser- vices that have copper pipe. Millar: Stated the video was interesting and the water treatment facility has been a long time coming. Many neighborhoods had severe problems with brown water and they will be happy for the improvement. Hedberg: Stated he served on the building committee during later stages of design and commented on the amount of effort that went into working with the neighborhood to design the building and landscape to have it blend into their neighborhood. Asked how soon the brown water will disappear. Albrecht: Replied the biggest improvement will be the reduced brown water after flushing and places with the most brown water will take the longest to flush out. Haugen: Commented that water storage capacity is increased with this facility. Albrecht: Agreed, stating the 1.5 million gallon capacity nearly doubles the City's water storage which gives us the security of adequate water during the summer and for fire emergencies. Haugen: Recalled that seven or eight years ago, inadequate water storage was a major campaign issue. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE REPORT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. 5 City Council Meeting Minutes March 16, 2009 DRAFT PUBLIC HEARING Public Hearing Regarding Appeal Request by BK Shah on Behalf of Narayan Gas and Groceries. City Manager Boyles reviewed the applicable ordinance and the penalties for violation of the tobacco li- censing section of the Code. Explained that the Prior Lake Police Department does checks of licenses for compliance with ordinances regulating and governing the sale of tobacco. In the course of a compliance check, a sale of cigarettes was made to an underage person at the Narayan Gas and Groceries facility. This was the second violation at that site. Stated that a letter was sent to Mr. Shah indicating that the or- ganization would be fined $700 and the tobacco license would be suspended seven days as provided for in the Code. Mr. Shah requested a hearing to appeal the fine and suspension of his tobacco license and to explain the circumstances. MOTION BY ERICKSON, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:39 p.m. Comments: BK Shah, 16176 Main Avenue SE, commented that this is the first time this clerk fai-ed a license check. Stated the clerk asked for identification, but miscalculated the age. Added that since the incident, he con- ducted additional training with his employees. Requested a waiver of the fine and license suspension as it will have a big impact on his small business. Stated he is looking for a machine that will check identifica- tion, but it is expensive so he is seeking a used one. MOTION BY ERICKSON, 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 7:45 p.m. Comments: Erickson: Asked how many compliance checks were conducted in a three-year period. O'Rourke: Replied that the Police Department conducts two compliance checks per year. Added that this business has failed two compliance checks (sold tobacco to a minor) in two years and there were probably four or five compliance checks in that time frame. Erickson: Asked if the person sent in to make the purchase looks 18 years of age. O'Rourke: Replied that the Police Department is not trying to trick anyone. The purchaser does not have fake identification and if they are asked for identification, it is provided. The purchasers receive training for this exercise which includes providing identification if it is requested. The seller then does the computation or uses identification-checking equipment to ascertain if the buyer is legal to make the purchase. Typically, the Police Department will use an 18- or 19-year-olds for alcohol compliance checks and 15- or 16-year- oldsfor tobacco compliance checks. Erickson: Asked if the monitoring system requires a driver's license or specifically Minnesota identifica- tion to work. O'Rourke: Replied he is not sure or whether other states have the bar code information on their identifica- tion. Erickson: Asked if there is a continuous fee for use of such a machine. O'Rourke: Replied he is aware of the system that the Holiday station uses and understands that it will scan the identification in order to make asale - if the card shows the buyer to be underage, the till will not open. Commented he is aware of other systems that are just scanners. 6 City Council Meeting Minutes March 16, 2009 DRAFT Erickson: Clarified that the data is in the card and does not have to be transmitted anywhere in order to determine whether someone is of legal age to purchase. O'Rourke: Affirmed. Erickson: Commented that a license to sell tobacco is a privilege and penalties for violations have been upheld in the past. Feels that the fine could be mitigated if the identification system is purchased within 30 days. Believes the suspension should stand. LeMair: Commented he has been at this station many times and knows the cashier. Added that he does not want underage people to have access to tobacco, but knows that sometimes business owners are at the mercy of things that employees do. Stated that he understands the difficulties of these economic times and would hate to see facility leave the downtown area. Believes a third offense and its associated penal- ties might put them out of business so the identification system would be the perfect solution and should be mandatory. Stated he is willing to forego the fine and would consider waiving the suspension with the in- stallation of an electronic identification system. Stated the goal of the City Council is to prevent the illegal sales, but believes there was no intent (to sell tobacco to a minor) in this case. Hedberg: Stated that protecting children is an important responsibility and having the tobacco license is a privilege. There is a progressive penalty built in to the ordinance so the retailer can correct deficiencies before a decision is made to revoke the license. Being mindful that the economy is tough, stated he could support waiving the fine with the installation of an identification system. Added that he could support a re- duction of the suspension, but not remission of it because there is good reason for the progressive nature of the penalties and he does not want the ordinances to have no meaning. Millar: Stated that the clerk displayed bad judgment by not accurately calculating the age of the person from his/her driver's license when that is one of the primary responsibilities of the clerk. Clarified that a third violation would result in license revocation for two license periods of a year each. Believes tobacco sales are an important part of this business. Would support waiving the fine with the purchase of the elec- tronicidentification as well as a reduction of the suspension of licensure. Believes it makes sense to pur- chase the equipment. Haugen: Commented that the City added the element of safe and healthy communities to the 2030 Vision and Strategic Plan; and subsequently established a Community Safety Task Force followed by the Com- munity Safety Advisory Committee. Most of the recommendations from those groups deal with some sort of drug abuse. Agreed that ordinances are in place and does not believe the ordinance should not be fol- lowedjust because of the state of the economy. Expressed concern over a second violation with two dif- ferentclerks in a two-year period and agreed it is a fundamental part of the job to check identification. Sug- gested the suspension be waived and the fine paid in order to allow the owner to continue selling the prod- uct so customers do not take their business elsewhere. Would support waiving the suspension if the elec- tronic identification system is in place in a specified period of time. Erickson: Stated the ordinance allows for a suspension of 7 - 21 days so the current seven-day suspen- sion is the minimum. Believes it should remain as a demonstration of the privilege of having a tobacco li- cense, but that the $700 fine could be used to help Shah purchase an identification system. Suggested a 30-day time frame for delivery and installation. Millar: Concurred with waiving the suspension if Shah purchases an identification system. Hedberg: Stated that either suggestion shows flexibility and insists on a clear and reasonable penalty. Agreed it is possible that the $700 fine would exceed the gross profit loss by suspending the license for seven days. Supports Erickson's recommendation. LeMair: Questioned the amount of capital outlay for Shah, but agreed that losing established business would not be desirable. Supports flexibility on the suspension, installing an identification system and up- holding the fine. 7 City Council Meeting Minutes March 16, 2009 DRAFT Haugen: Suggested a waiver of the suspension if the system should be purchased in seven days with proof of purchase delivered to a designated person. Erickson: Suggested purchase within seven days and installation and operation within thirty days. Haugen: Concurred. LeMair: Suggested an additional option that if Shah chooses to accept the fine and suspension rather than installation of an identification system, that the suspension should be for 20-days as, ultimately, the Council wants the electronic identification system installed. Hedberg: Concurred since all Councilors have been consistent in wanting the electronic system installed. MOTION BY LEMAIR, SECONDED BY HAUGEN TO UPHOLD THE $700 FINE, ALLOW PURCHASE OF AN ELECTRONIC IDENTIFICATION SYSTEM WITHIN SEVEN DAYS AND INSTALLATION OF THAT SYSTEM WITHIN THIRTY DAYS, WHICH WOULD ALLOW WAIVER OF THE SEVEN-DAY SUSPENSION. IF NARAYAN GAS AND GROCERIES CHOOSES NOT TO ACQUIRE AN ELECTRONIC IDENTIFICATION SYSTEM WITHIN THE TIME PERIOD PRESCRIBED, THE $700 FINE WILL BE UPHELD AND THE SUSPENSION WILL BE FOR 20 DAYS. THE SUSPENSION WOULD TAKE EFFECT ON THE 31ST DAY AFTER THIS MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Shah: Requested more time due to the illness of his father, Haugen: Replied that he wishes well for his father, but that cannot dictate the decision of the Council. OLD BUSINESS Consider Approval of a Report Regarding Alternative Types of Rental Housing Inspection Programs and a Recommendation for Prior Lake. Building and Transportation Services Director Kansier provided information about the programs other municipalities have put in place as well as their program fees. Commented on fire incident statistics citing that most fires occur in one-ortwo-family dwellings and proposed that the purpose of the program could be for fire safety. Described five different program models providing the advantages and disadvantages of each along with possible impacts if each program were adopted. Believes most inspection and/or licensing programs are not self-supporting programs and that rental ordinances do not address vacant properties. Offered items the Council may want to consider in relation to a rental inspection program and asked for direction in order to tailor a program suggesting it may be good to start on a small scale with a rental regis- tration program focusing on outreach and allowing utilization of materials from the Minnesota Multi-Housing Association. Comments: LeMair: Perceives no rental property problem for the City at this time. Believes cosmetic and exterior is- sues exist such as vehicles, unfinished new construction, etc. and that steps should be taken to address those issues. Does not favor a program that would require additional staff. Favors staying at the status quo adopting a property maintenance ordinance. Erickson: Asked if the fire incident statistics were for non-rental or single family owned properties. Kansier: Replied that the statistics do not distinguish between rental and single family owned. Erickson: Believes multi-units rentals are not the problem, but rather the homes that are being foreclosed upon and then purchased for use as rentals. Asked if the same benefits of a rental inspection program (such as criminal background checks) would be offered to owners of single unit rentals as those offered to multi-unit owners. 8 City Council Meeting Minutes March 16, 2009 DRAFT Kansier: Replied that the Police Department could do a minimal service of criminal checks as well as pro- videpublic information. Erickson: Believes having a program providing criminal background checks would be good for the safety of the community and should be available for small unit rentals also. Would agree with having a registra- tion program listing a benefit to the landlord of learning about what services are available to them and a benefit to the police of knowing where the rental units are. Millar: Commented he has dealt with the full scale of rental inventory, licensing and inspections and be- lieves it has a good role. Asked what start-up costs might be for a rental registration program. Kansier: Replied that might depend on approach and could include promotional material, advertisement of the program, printing costs for forms and staff time. Millar: Asked if the rental properties were identified by tax rolls. Kansier: Replied that the identified properties came from tax information based on non-homestead status. Millar: Asked if a rental registration program would be voluntary. Kansier: Replied that it would be voluntary with the expectation that it would build over time. Millar: Believes if the registration is not made mandatory, the properties will not be registered. Believes a full-scale program is best for safety issues, but this may not be the right time for it. Believes a program should pay for itself. Asked if the City already has property maintenance ordinances. Kansier: Stated there are some ordinances that refer to junk vehicles and general appearance. The Inter- national Property Maintenance Code covers painting, lawn mowing, etc. Millar: Stated he could support a property maintenance ordinance if it applies to all properties, not just rentals. Hedberg: Stated it is good to question what the purpose of the ordinance would be. Appreciates the re- search into what other municipalities are doing. Believes a registration program would be good to assure clean and safe properties. Believes the City does not have a problem today even though 12% of current stock is rentals. Stated the number of rentals could increase with "accidental landlords" and the City may not understand what the potential need for the program would become. Supports a mandatory registration program that would provide the benefit of inventorying and tracking rental units and prepare us for potential problems. Haugen: Questioned whether action should be taken at this time agreeing there could be problems at some point, but the program would incur costs for start-up and tracking and he does not perceive a return on that investment in the short term. Stated there will be budget decisions to be made and this program does not fit. Believes a property maintenance ordinance would address cosmetic and exterior issues, re- quire little additional enforcement, no additional staff, and no cost to the property owner and would apply to all properties. MOTION BY MILLAR, SECONDED BY LEMAIR TO ADOPT A PROPERTY MAINTENANCE ORDINANCE MODEL WHICH WOULD APPLY TO ALL PROPERTIES. VOTE; Ayes by Haugen, LeMair and Millar. Erickson and Hedberg opposed. The motion carried. NEW BUSINESS Consider Approval of a Resolution for an Amendment to the Comprehensive Plan Land Use Map for Properties Located at 6880 Boudin Street, 14291 and 14311 Timothy Avenue from R-LD (Urban Low Density Residential) to C-CC (Community Retail Shopping Commercial). Community Development and Natural Resources Director Parr explained that the amendment request is under consideration and that no site plan is being considered at this meeting. Outlined the processes that will be followed if the amendment request is granted. Planner Matzke described the site and adjacent uses which include Commercial Neighborhood Retail Shopping (C-NR) to the north, Urban Low Density City Council Meeting Minutes March 16, 2009 DRAFT Residential (R-LD) to the west and Community Retail Shopping Commercial (C-CC) to the south. Ex- plained the differences between C-NR and C-CC designations. Parr reviewed the Planning Commission meeting discussion and public input and indicated that a petition was received signed by 29 residents in opposition to the C-CC designation. Explained the goals and objectives of economic vitality, security, and housing quality and diversity from the comprehensive land use plan that staff believes is applicable to this request. Matzke added that atwo-thirds vote (4:1) would be required for approval to enact. Comments: LeMair: Clarified that a C-NR designation is not the question posed for action. Matzke: Affirmed that the proposal is for C-CC. LeMair: Understands that the difference in permitted uses between C-NR and C-CC are business trade schools, studios and showrooms and that everything else would require conditional use permits (CUP). Parr: Replied that C-NR correlating zoning district would be C-1; the C-CC designation would be for C-2 and C-4 with a number of additional uses allowed as a part of that. Uses outside of C-1 that would fall in C- CC and permitted by CUP would be motor vehicle sales, motor vehicle service and repair, restaurant with liquor, club and lodges with liquor and shopping centers over 275,000 sq. ft. This site would not be large enough for some of those uses. LeMair: Reiterated that approval tonight would provide only the difference in use of the site of trade school, studios and show rooms. Parr: Correct. LeMair: Commented that any change in a neighborhood with existing homes is difficult, Applauded the open-minded thinking about the realization that there is probably going to be a change. There are obvious traffic patterns that are going to lead to business successes at this site. Stated he is not sure what the fear is from the three uses that would be allowed with a C-CC. Added that the elevation of the two homes in this proposed site would preclude construction there. Matzke: Replied that no grading plans have been reviewed, but it is a correct assumption that grading would have to be done and retaining walls constructed. LeMair: Believes some kind of transitional tag should have been put on the properties previously. Thinks C-CC would fit as most issues can be mitigated with good planning and assets could be brought to the neighborhood. Erickson: Questioned the distinction between C-NR and C-CC stating that uses being proposed would be allowed in both. Parr: Replied that a business in C-NR would have limited hours of operation. The C-CC designation re- quires aconditional use permit and limited hours of operation could still be included, if warranted, as a con- dition of the CUP. Erickson: Commented that the only thing not allowed in C-1 would be a bar and questioned why the City would not respect the request of the neighbors to go C-NR. Parr: Replied that if the site were directed C-NR it would eliminate any additional uses that could be permit- ted with conditions. Erickson: Asked what limitation might be caused as no hotel or large mall would be proposed for the site, Parr: Replied that the C-NR designation would not allow a dry cleaner, amedical/dental laboratory, and outdoor sales, a Kinko's or similar business and no indoor entertainment. Matzke: Added that other differences are some zoning limitations and conditions such a slight setback differences. Stated that the long-term intent of a comprehensive plan designation is for areas as a whole. Erickson: Commented on designations of the area to the south and north of the proposed site and traffic patterns that currently exist. Noted that this site is between C-CC and C-NR. Millar: Asked if usable size of the site is 4.25 acres. 10 City Council Meeting Minutes March 16, 2009 DRAFT Matzke: Affirmed that is the remaining amount without right-of-way easements. Millar: Queried usable property differences between C-NR AND C-CC. Parr: Replied it would be based on the zoning district rather than the land use designation. Added that the setback would be 60 feet from the residential side of the property regardless of the zoning designation. Millar: Asked about difference between the two designations in terms of a fuel station and whether a fuel station could come back to the Council at a later time and appeal the hours of operation. Suggested the site might not be a good fit for a restaurant with liquor due to the proximity of a residence to the property. Believes the distance between the Kwik Trip and residences in the Wild's area is greater than it might be at this site. Commented that this is a very vital residential neighborhood and the 2030 Vision and Strategic Plan places importance on that. Understands where the residents are coming from; however, this site looks like commercial property. Hedberg: Stated this site will be commercial property in the long run and added that it became clear a number of years ago that the church would not remain on that site as it was not conducive to a growing church. Stated he does not support the comprehensive land use plan amendment request because: 1) there are some obligations to signal to the neighborhood that changes are coming so they can plan for it and he believes that several opportunities to do that were not taken. 2) the comprehensive plan refers to the McComb Study and its point that Prior Lake would be making a mistake to try to compete with the big box volume retailers and should instead seek out specialty retail that would draw a specialized clientele. Added that he is unsure that developments such as those similar to facilities on the other three corners would even fit the comprehensive plan. 3) There are vacancies in the other commercial nodes that may not be filled for some time and he hesitates to encourage the applicant, EFH, to move forward with retail devel- opment at this site at this time. Noted that several neighbors indicated that C-NR oriented towards service and retail for the immediate neighborhood would be acceptable rather than development that would draw additional traffic. Suggested that since there is a developer with considerable financial stake the request should be sent back to the Planning Commission and staff to revisit the designation. Haugen: Stated that if the site fits commercial designation in the long-term, it should move to that now. Referred to meetings with the neighborhood in 2004 where residents were advised that commercial desig- nation would happen at some time. Believes the existing C-NR area should be C-CC when considering the long-term perspective due to the proximity of CR 42 and TH 13 and the County purchase of houses on CR 42. Stated that in 2007 the City decided not to move forward on realignment of Commerce Avenue that would take it up to Rutgers because the County did not have funding for the project. It appears that will not be funded before 2015. Believes that to identify this site as a transition environment would cause confusion in the neighborhood since it will be adeveloper-driven process. Commented on the statements about the church noting that the designation for the area was correct at the time. Believes there is no difference be- tween C-NR and C-CC when considering a 24-hour business as either designation would require a condi- tional use permit which would be preceded by discussions with the Planning Commission and City Council to achieve appropriate mitigation for the neighborhood. Reiterated that C-CC designation is the right des- ignation for the long-term. Would support C-NR if it were that or nothing. Added that the existing C-NR area on Commerce should also be C-CC. LeMair: Sees nothing in a C-CC designation to prevent people from biking and walking and C-CC is con- sistentwith properties to the north or south. Believes this is an opportunity to increase the tax base and does not believe it will overturn the neighborhood. Parr: Clarified that 24-hour operations would have limited hours under both C-NR and C-CC. Erickson: Asked if either designation could be 24 hours. Parr: Replied that C-NR has a specific condition that limits hours of operation, 11 City Council Meeting Minutes March 16, 2009 DRAFT Erickson: Believes the site must be one of the two commercial designations; that there was discussion about changing it to commercial a long time ago but it was not done then out of respect for the needs of the church (churches are not permitted in commercially guided areas). Hedberg: Stated that the McComb Study suggests that C-NR is appropriate. Believes specialty or niche retail would fit in this node as well as the other commercial nodes of Prior Lake. Stated that designating the entire corner as C-CC would allow it to become like the neighboring three corners and a developer may want to assemble additional properties to acquire a site big enough for the big box stores. Millar: Noted that much discussion has been about the needs of developers and this Council has stated that if the area is designated C-CC it will work with the neighbors. Believes zoning it C-CC would allow 24- hourusage or other actions that may have a negative impact on the neighborhood. Inclined to support C- NR to provide protections for the neighborhood. LeMair: Stated that past decisions of Councils demonstrate that if a business is doing what it should and. working with the neighborhood, a compromise could always be found and items that created stress were mitigated. Noted that a C-NR designation would never allow a studio or showroom on the site such as plumbing or fireplaces and others that are viable businesses but do not drive large amounts of traffic. Erickson: Responded to Councilor Hedberg's comments about not designating the site C-CC because it would allow a big box store to develop there by stating the site is not large enough to allow a big box. Sup- ports C-CC knowing that there can be conditional use permits to limit what comes in. Stated that future Councils could change designations as well as conditional use permits. LeMair: The C-CC designation and the kind of development that would be allowed could improve the neighborhood from the perspective of residents not having to cross TH 13 or CR 42 to get amenities. Parr: Replied that there are a number of people from the commercial neighborhood that support the appli- cation to amend the comprehensive plan. Matzke: Added that he received a call from a resident and they commented that they understood it was planned to go commercial when the church left. Hedberg: Stated he is liaison to the Planning Commission and attended the public hearing and every neighbor at the hearing opposed it. LeMair: Commented there are many more households than the 25 that came to the public hearing. Haugen: Believes the best solution is C-CC, but if there is not support on the Council for that; then C-NR would take this development to the same point for the next 10-15 years. Sees no difference in the impact on the neighborhood. Believes the resolution can be changed to designate the site C-NR. Noted that Planning Commissioner Howley was in the audience tonight and that he supported C-NR at the Planning Commission meeting due to the acquisition of two residential parcels with this site. Pace: Recommended the Council act upon the actual application before it. If the application to amend the comprehensive plan is not approved, the Council can then decide what action, if any, to take. LeMair: Added that the applicant may not want C-NR. Pace: Stated the matter was before the City Council because a developer applied for an amendment to the City's Comprehensive Land Use Plan. The application requires the Planning Commission and City Council to first determine if the present land use designation is incorrect. The second question would be to determine what the correct designation should be. The applicant put forward the request to designate the property C-CC. Based on the evidence in the record and the deliberation of the Council, it is within the leg- islative powers of the Council to determine the appropriate land use designation. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09-xxx APPROVING A PROPOSED AMENDMENT TO THE 2030 COMPREHENSIVE PLAN LAND USE MAP FOR PROPERTIES LOCATED AT 6880 BOUDIN STREET, 14291 TIMOTHY AVENUE AND 14311 TIMOTHY AVENUE TO C-CC. 12 City Council Meeting Minutes March 16, 2009 DRAFT VOTE: Ayes by Haugen, Erickson and LeMair. Hedberg and Millar opposed. The motion failed as it did not meet the two-thirds (4:1) majority requirement for passing, MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.039 APPROVING A PROPOSED AMENDMENT TO THE 2030 COMPREHENSIVE PLAN LAND USE MAP FOR PROPERTIES LOCATED AT 6880 BOUDIN STREET, 14291 TIMOTHY AVENUE AND 14311 TIMOTHY AVENUE TO C-NR WITH APPROPRIATE REVISIONS TO THE SUBMITTED RESOLUTION. Haugen: Asked Hedberg to relate the rationale steering the designation to C-NR. Hedberg: Responded that the comprehensive land use plan points to the McComb Study as its guiding document and he believes the McComb Study discourages Prior Lake from trying to compete with volume and discount big box retail that has developed on the other corners of TH 13 and CR 42 and to pursue spe- cialty retailing in other nodes of retail around the City such as Gateway, traditional downtown, Southlake Village, etc. Therefore, believes the appropriate long-term designation at this time should be C-NR. LeMair: Responded that would be basing the decision off McComb Study and there have been other situa- tionswhere the Study has not led to best decisions based on roadway changes and where opportunities may lie. McComb Study may not have considered that CR 21 may go through to CR 18 as it indicated the big node should be on CR 18 rather than CR 21. Hedberg: Believes the Study addressed the notion of the kind of retail the City should pursue based on a distinct identity. To compete with the other three corners would not reach that objective. Believes it spe- cifically addressed the TH 13 and CR 42 corner. LeMair: Stated he did not read the Study regarding this node prior to coming to this meeting. Haugen: Agreed the McComb Study did not see big box retail in Prior Lake as a general rule, but it did see a broadening of the commercial component in the TH 13 / CR 42 corner. Erickson: Believes that the C-CC designation has nothing to do with big box retail and this corner will never be a big box location. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. RECESS A recess was called at 10:12 p.m. RECONVENE The meeting reconvened at 10:20 p.m. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into and Be- come aParty to Minnesota Water Agency Response Network (MNWARN) and Sign the MNWARN Mutual Aid Agreement (MAA). Streets and Utilities Supervisor Eldred described the proposed agreement as similar to a mutual aid agreement for police and fire services noting that to date, 53 communities have joined MnWarn. Stated a MnWarn event could be any unforeseen event such as storms, flooding, etc. Stated the City would not need to respond to a particular event depending upon availability. Explained there is no membership fee and suggested using the SCALE equipment fee schedule if actually assisting another agency through MnWarn. Comments: Millar: Will support. 13 City Council Meeting Minutes March 16, 2009 DR,4FT Hedberg: Seems like a big partnership to share resources in crisis situations relating to water resources. LeMair: Will support. Erickson: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.040 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE MINNESOTA WATER AGENCY RESPONSE NETWORK (MNWARN) MUTUAL AID AGREEMENT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Haugen: Announced that approximately 125 people participated in the 2030 Vision and Strategic Plan Up- date meeting, and the updated information will be brought back to the City Council in 45-60 days. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by Hedberg. With all in favor, the meeting adjourned at 10:25 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 14