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HomeMy WebLinkAbout04 - Draft June 1 Meeting Minutes ~oo~ PRIO~\ [..,. ~ u ~ / ~l~_~ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes June 1, 2009 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson and Millar, City Manager Boyles, City Attorney Pace, Public Works Director Albrecht, Transportation Services Director Kansier, Community Development/Natural Resources Director Parr, Parks and Fleet Supervisor Friedges, Finance Director Erickson, Assistant City Manager Meyer and Administrative Assistant Green. Councilors LeMair and Hedberg absent. 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: Jane Bremer, spoke on behalf of Mediacom, stating that Mediacom representatives are available to an- swer any questions when the Integra franchise agenda item is addressed. Kimbel Raden, 14211 Shore Lane, stated the recent maintenance work on Shore Lane was poorly done. Stated the workers caused car damage. Asked why the street maintenance work was outsourced rather than done by City employees. Also asked about the chemical impact on the lake from products used in deicing. Albrecht: Replied that the City participates in a joint powers agreement with 13 other cities for crack seal- ing work. Noted that there have been customer service issues this year and agreed that the contractor caused some damage to several vehicles when blowing out cracks. Stated that the damage and other is- sues will be brought to the attention of the contractor for resolution. Responded to the query about deicing describing the pre-treatment that is done to reduce use of salts and chlorides. Explained that a study of Blind Lake is being done to learn the impacts of this delivery method and whether it is better than traditional methods. Added that the City's goal is to reduce the impact of chemicals on the lakes. Millar: Asked who is responsible for the damage to vehicles. Albrecht: Replied that the insurer is working with the owners of vehicles and Streets Supervisor Wi ita will make sure issues are taken care of before payment made. Erickson: Thanked Raden for bringing up the issues and commented on the grant received for the Blind Lake study being done in conjunction with the watershed district and the State. Asked when results of study would be reported. Albrecht: Replied that a presentation will be made to the Council later this summer. Erickson: Commented on the pre-treatment allowing salt and sand to stick better and prevent snow from becoming frozen. Albrecht: Added this is a better delivery method for salt, but the City does not use sand which has helped with storm sewer systems. Working with the County to get them on same program as City streets. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes June 1, 2009 DRAFT APPROVAL OF AGENDA Mayor Haugen added item 10D, Public Forum Modification, to the agenda. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE MAY 18, 2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson 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 Resolution 09-084 Authorizing a Mutual Aid Agreement for Use of Building In- spection Personnel and Equipment MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. PRESENTATION Badge Presentation Ceremony to Firefighters Gibbish and Mahaney City Manager Boyles explained the tradition of introducing and swearing-in new firefighters. Fire Chief Hartman introduced firefighters Justin Gibbish and Shawn Mahaney explaining that they have completed the year-long training required to become a firefighter. Mayor Haugen administered the firefighter oath. Recognition of Jim Weber for 40 Years of Firefighting Service City Manager Boyles spoke of contributions of a firefighter and the commitment of family members. Mayor Haugen commented on the 40 years of service of Jim Weber noting he responded to more than 80% of fire calls in 2006 and 2007 and nearly 77% in 2008 after the construction of Fire Station No 2. Pre- sented a plaque expressing appreciation. Fire Chief Hartman commented that Weber served as a captain for 22 years and put in more than 30,000 hours of fire response time as well as teaching at safety camps, working around the station, volunteering, etc. Thanked Weber for his service. Lake Clean-up Day Proclamation - June 6, 2009, Donna Mankowski Mayor Haugen presented a proclamation proclaiming June 6 as Lake Clean-up Day in Prior Lake to Donna Mankowski of the Prior Lake Association. Mankowski announced this is the 4th annual scuba dive and that the Lake Association, Captain Jack's, the Lake Advisory Committee and the City of Prior Lake co- operate in this effort. Stated that volunteers bring their own scuba equipment and boats and anyone willing to volunteer may join them on Saturday, June 6, at Captain Jack's with registration beginning at 8 a.m. Comments: Erickson: Asked about the kinds of things that are brought up during the dive. 2 City Council Meeting Minutes June 1, 2009 DRAFT Mankowski: Responded that such things as a 1940 Johnson outboard motor, an electric trolling motor and a Sony boom box with the CD in it have been brought to the surface. Stated the divers have filled up a small dumpster every year. Erickson: Asked if the intent is to encourage people to clean up along the shoreline during this event also. Mankowski: Agreed asking anyone who has the time on Saturday to clean along the beaches in the parks picking up the garbage from the spring thaw. Stated this is a good time to get it out of the lake. Millar: Expressed appreciation for the partnerships that make the lake clean-up possible. Status Report on Various Issues - Bill Rudnicki Shakopee Mdewakanton Sioux Community Tribal Administrator Bill Rudnicki and Land and Natural Resource Director Stan Ellison provided an update of activities of the Shakopee Mdewakanton Sioux Community during the past 17 years. Rudnicki recalled the changes in the community, the SMSC contribu- tions to growth and its commitment to being a good neighbor. Described their goals as maintaining a fiscal and prudent budget to maintain fiscal independence and self-reliance; preserving its economic vitality by adopting land use and fiscal policies that encourage reinvestment in their residential areas and enterprises; ensuring competitiveness in a regional and national marketplace; supporting initiatives that address chang- ing demographics including lifestyle needs of their community; emphasizing a comprehensive commitment to environmental sustain ability and energy efficiency by adopting conservation alternatives, energy strate- gies and pursuing the use of local, non-polluting, renewable and recycled resources. Ellison updated the Council on several projects in which they are partnered such as the CR 83 reconstruction, the CR 21 con- struction north of CR 42 and the CR 42/17 intersection. Rudnicki explained that trust status is being sought for the Dolan property and Ellison described the plans for the former Tessmer and Dolan properties showing parking, government buildings, housing, prairie and wetland areas. SMSC and the City have co- operated in determining ponding areas and street intersections. Current cooperative projects between SMSC and the City were reviewed and Rudnicki expressed the desire of SMSC to continue living, working and cooperating with the City and its residents. Comments: Millar: Complimented Mayor Haugen and Chairman Crooks for developing the partnership between SMCS and the City. Commented that SMSC has been a leader in environmental issues and asked about the status of the wind turbine. Ellison: Replied that the tower is expected to be up and wired to the substation by September or October and they hope to have it running by Thanksgiving. Millar: Thanked SMSC for providing information about wind turbines to the City. Erickson: Commented that SMSC saved the County about 60% of the cost of tree removal on the CR 21 project. Complimented them on their cooperation in connecting trails through tribal lands as well as pro- jects such as composting. Asked about easements on land that goes into trust and how it would affect the City's ability to have utilities on that property. Ellison: Replied that existing easements continue on trust land. Erickson: Asked about Dakotah Energy. Ellison: Replied that it is running on 100% biomass and burns 170,000 tons per year. Erickson: Complimented that effort as being environmentally friendly and helping with independence in energy. Haugen: Thanked Rudnicki and Ellison for their presentation. Stated that law mandates the City provide the same services to SMSC as to the City, but all of the services, except police, are provided by the tribal community for themselves. Commented that the City and the tribal community are parts of a broader community and it is good to see the growth of relationships and respect. 3 City Council Meeting Minutes June 1, 2009 DRAFT Sewer and Water Rate Study Presentation Public Works Director Albrecht introduced Seth Peterson of Bolton & Menk. Peterson explained the calculations on the water rates spreadsheet model stating that it is a tool to use for rate studies. Albrecht noted that the model used a conservative demographic projection. Peterson explained the calculations on the wastewater rates spreadsheet model. Albrecht described the issues on which Council direction is re- quested: the capital facilities charge that was set up to pay debt service on sewer and water infrastructure, the consolidated water and sewer and whether they should be separate accounts, whether sewer rates should be treated differently since the Metropolitan Council increases fees periodically, what the minimum fund balances should be and whether or not an emergency fund should be designated for water and sewer issues. Comments: Erickson: Stated the City should consider a way to increase sewer rates and establish an amount to have in reserve to offset increases from the Metropolitan Council. Believes an incremental percentage increase on water rates should be established as well as a fund in reserve in case of water main repairs. Millar: Concurred with Erickson remarks on incremental increases. Asked what amount of increase might be needed. Albrecht: Replied there is time to look at several scenarios and wanted to know what Council might want to consider by 2012. Commented that incremental increases of 10 or 15 cents are more palatable than $1. The sewer fund generally does well and is expected to be back on its feet in a couple of years after recent capital outlays. Will bring back a "menu" of strategies for rate increases. Millar: Asked if there are any advantages to small incremental increases in rates other than the issue of sticker shock. J. Erickson: Replied that incremental rate increases rather than big spikes are viewed favorably from a bond rating standpoint as it reflects planning rather than reacting. Haugen: Agreed that gradual increases are better as large increases are not customer friendly and appear as though the City is not planning ahead. Commented that the City has done much work in the past few years adding new wells and completing lift station renovations. MOTION BY ERICKSON, SECOND BY MILLAR TO APPROVE THE REPORT ON PRELIMINARY WATER AND SEWER RATE ANALYSIS. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. PUBLIC HEARING Conduct Informational Meeting for the 2010-2014 Capital Improvement Program (CIP) Finance Director Erickson explained that a public meeting regarding the CIP provides residents an oppor- tunity to make recommendations and comment on projects. Public Works Director Albrecht provided a presentation explaining how projects get in the CIP - proposed by staff, petitioned by residents or as a part of development - and summarized the public works projects for 2010. J. Erickson spoke of funding and tax impacts. Albrecht referred to complementary planning tools: ten-year transportation plan, equipment re- placement matrix, park replacement matrix, future facilities management plan, future master park plan, wa- ter and sewer rate study. Albrecht described projects petitioned by residents MOTION BY MILLAR, SECONDED BY ERICKSON TO OPEN THE PUBLIC MEETING. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried and the public meeting opened at 8:19 p.m. 4 City Council Meeting Minutes June 1, 2009 DRAFT Comments: John Gorra, 14133 Shady Beach Trail, displayed pictures of the condition of Shady Beach Trail and com- pared them to Franklin Trail stating that Shady Beach Trail is in worse condition and Franklin Trail is being reconstructed. Believes Shady Beach Trail qualifies for reconstruction. Commented that the beginning of the street has extra traffic from sportsmen and that area needs attention even if the entire street is not done. Believes there is no need for sewer, curb and gutter and storm drains that would cost $2.5 million. Just wants a better street at a cost of $54,000 - $56,000. M.C. Gresser, 14145 Shady Beach Trail, stated he contacted a civil engineer and two contractors to ask for cost to replace the street. One bid was $65,000 for the initial 740 feet of Shady Beach Trail and another bid was $57,000. Believes the City needs to figure out how to do more with less and should not spend $2.5 million. Commented that some Minneapolis and St. Paul areas have had the water and sewer lines for 60- 80 years. Stated he does not want sidewalk or curb and gutter and that just the street repair should be done. Wants the street repaired this year. Mark Brown, 14120 Shady Beach Trail, commented that people at church joke about not visiting the pastor (who lives on this street) because their car might get wrecked. Stated the street has been patched for the 15 years that he has lived there. Believes they do not need the $2.5 million job that will replace the infra- structure, but should just have the street repaired. Brad Kaisersatt, 14143 Shady Beach Trail, stated that the head of the street is significantly more deterio- rated. Stated he has a young family and the proposition of spending $55,000 to fix the street is attractive and asked the Council to pursue that solution. Commented that ice fishermen use the roadway with big vehicles so deterioration is not caused by just the residents. Wondered if an allocation of cost could not be shared with fishermen. Mike Sweeney, 14099 Shady Beach Trail, agreed that a fiscally responsible solution is preferred. Stated he lives on the head section of the roadway and walking there is an ankle-turning experience. MOTION BY MILLAR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC MEETING VOTE: Ayes by Haugen, Erickson and Millar. The motion carried and the public meeting closed at 8:36 p.m. Comments: Erickson: Agreed the street is in bad repair. Commented that past Council's did not provide the funding needed to take care of the streets in the City and the City is now considering how to set up a maintenance program for a schedule of replacement and repair for all streets. Commented on alternatives presented in the staff's CIP report asking about paving an area of the industrial park and what effect it would have on economic development if it wasn't paved. Parr: Replying that delaying or not paving the roadway is likely more perception than anything. Prospec- tive landowners are asked to invest their money and they might think the City was not investing its money. Erickson: Asked how it will affect future development of that area. Parr: Replied that no one has queried about property there at this point, but it could be impacted in the future if the City does not proceed. Erickson: Asked what the financial impact of alternate three is to the taxpayers. Albrecht: Replied that is the information staff would bring back to the Council if such direction is provided. Staff wants to work within the framework of what is proposed for a tax levy increase and work with our bonding consultant to learn what the impact would be. Erickson: Commented that the Municipal State Aid is revenue and asked what the probability is of that amount being reduced. 5 City Council Meeting Minutes June 1, 2009 DRAFT Albrecht: Replied that such revenue is for road reconstruction and there has been no talk of it being re- duced. The City receives $200,000 for maintenance of collector or state aid streets and $400,000 for a construction account that can be used on county roadways and larger state aid roadway projects. We can- not use those dollars on local streets. As far as we know, that money is still there, but would not affect neighborhood streets. Erickson: Commented on the amounts of $2.5 million vs. $56,000 for a project and asked if $2.5 million is just to take care of this section. Albrecht: Replied that $2.5 million includes the entire Shady Beach Trail along with Conroy and Bay View and utilities. There is no plan to replace water and sewer. The City would want to replace hydrants, valves, etc. as it is desirable for reconstruction to last 40-50 years, but the water main would not be re- placed. Stated the lesser amount of the neighbor's bid is just for reconstruction of about one-fifth of only the street. Erickson: Noted that the resident's bid did not include concrete curb and gutter. Albrecht: Stated that the City has required concrete curb and gutter since 1984 to facilitate drainage of the area. Much degradation in the area has to do with permeation of materials. Municipalities generally agree that curb and gutter is beneficial to building a street that will last. An overlay project is only meant to last a few years. Added that street reconstruction projects have evolved different components that are believed desirable such as offering rain gardens and making some neighborhood streets narrower to give more space back to the front yards. Stated his willingness to look at how streets are reconstructed and see if he can learn a way to do things differently and make streets last. Stated that the proposed costs of $2.5 mil- lion and $56,000 are not about comparable projects. Erickson: Asked what the cost would be of reconstruction of just the section that the residents are talking about. Albrecht: Replied that has not been researched and calculated. Agreed the street is in bad condition, but stated that whatever is done needs to consider the entire neighborhood. Erickson: Asked what liabilities the City would have if an overlay is done instead of full reconstruction. Albrecht: Replied that sewers are sliplined now so sewer repairs can usually be done without digging up streets. Believes that if the Council wants to make a major change about how to reconstruct streets, all of the streets that are in a condition just as bad need to be considered. Commented on the cracksealing be- ing done on Wilds Parkway in order to make it last another 30 years. Believes that moving towards a posi- tion of performing interim repairs rather that reconstruction would be a significant change, and could cause the City to have the same issues as existed in the 90s by not doing the appropriate work. Millar: Stated he is aware of how bad some of the streets are and that the Council made a concerted commitment to move reconstruction of streets forward. Asked if the City would be in a situation of trying to tackle too many streets at one time if the second and third alternatives of the CIP were adopted, creating a situation similar to the 2005 reconstruction project. Albrecht: Recalled that was a street that was in bad shape, but the neighborhood didn't want to have the streets reconstructed; and the contractor did not keep on schedule with construction. The City began doing projects differently in 2008 and 2009 to keep them smaller and be able to manage them with City person- nel. Commented that there are more customer service issues when projects are outsourced. Millar: Appreciated Albrecht's comments regarding willingness to rethink the way streets are reconstructed and perhaps there is a way to look at reconstruction and timelines. Stated the City will get to this street as soon as it can, but it would be difficult to do this year. Haugen: Stated he is not disappointed with the City's position on street reconstruction. Noted that a back- log of work that had not been done before was inherited when he took office, and Shady Beach Trail probably should have been done years ago. Agreed some of the streets are embarrassing and that Shady Beach Trail is in bad condition. The street reconstruction program has been systematic for seven years. 6 City Council Meeting Minutes June 1, 2009 DRAFT Last year action was taken to condense 30 years of planned reconstruction work into 17 years. Noted that people living further down the street want to have their section of the street reconstructed also and that the Council should not react to a request to just part of the neighborhood. Believes there is a philosophical question about whether to repair streets to last for 50 years or to repair them for the short-term. The com- parison to the repairs made to Wilds Parkway is not a similar comparison when that is a maintenance issue rather than reconstruction. Suggested having the entire Council sitting before providing direction to staff about alternatives for the CIP program. Millar: Agreed there should be discussion with the full Council to look at any options the City may have for how to take care of streets. Agreed the entire Shady Beach area should be done, not just the section that is being requested at this meeting. Maybe should look at how we are doing our streets to see what options there may be. Erickson: Stated he does not have enough information to make a decision tonight and would like to know the comparison of milling and paving entire neighborhood vs. the total reconstruction project. Haugen: Suggested that direction cannot be given on the alternatives until an answer is devised for Shady Beach. Want to do the project right in whatever way it is done. Albrecht: Commented that the process allows for the Council to take the time needed and there is time to evaluate options and discuss with the neighborhood what they are proposing. MOTION BY MILLAR, SECONDED BY ERICKSON TO DEFER ADDRESSING THE CAPITAL IMPROVEMENT PROGRAM AND THE PHILOSOPHY OF STREET RECONSTRUCTION UNTIL THE NEXT MEETING. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. RECESS Mayor Haugen recessed the meeting at 9:11 p.m. RECONVENE The meeting reconvened at 9:22 p.m. OLD BUSINESS Consider Approval of Final Contract Payment to Met-Con Construction for Fire Station No.2 Finance Director Erickson reviewed change orders approved previously by the Council and indicated that all construction work has been completed according to specifications. A final project report will be provided to the Council when all purchases are completed. Comments: Millar: Asked if the epoxy flooring is being replaced. J. Erickson: Replied that was part of change order #3. Boyles: Added that the change order was to upgrade the epoxy flooring. Erickson: Commented that the Council has already approved all the changes. Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE FINAL PAYMENT OF $12,000.00 FOR CONSTRUCTION OF FIRE STATION NO.2 TO MET-CON CONSTRUCTION. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. Consider Approval of a Resolution Receiving the Master Park Plan 7 City Council Meeting Minutes June 1, 2009 DRAFT Community Development and Natural Resources Director Parr and Parks and Fleet Supervisor Friedges presented the Master Park Plan. Parr expressed appreciation to the numerous organizations that made recommendations and worked tirelessly to complete the project. She described the process and ob- jectives used to develop the Master Park Plan. Comments: Millar: Asked about the timeline to fulfill needs. Friedges: Replied that two immediate needs are expanded baseball and adult softball facilities. Believes there is not an immediate need for additional soccer fields. Millar: Commented that the City is facing some financial challenges now. Added that the Council dis- cussed the budget earlier and made note of the importance of retaining the long-term vision while dealing with the current financial realities. Believes the MPP document is important for looking into the future and agreed there should be discussion of whether the parks long-term needs are changing. Erickson: Thanked staff for laying out the plan and vision. It will be challenging, but it is good to keep the vision and the MPP provides direction. Asked how dependent the Spring Lake Park development is on housing development or County development. Friedges: Replied that some amenities are identified in Spring Lake Park that are anticipated to be pro- vided by the County while they are developing Spring Lake Regional Park such as parking, a dog park, a maintenance shed, etc. Erickson: Asked how much residential development has to happen to get roadways into park. Friedges: Replied that most of the park could be accessed through Howard Lake Road if residential de- velopment does not take place. Haugen: Stated that the Parks Athletic Recreational Task Force worked four years ago to identify needs in the community. It is important to have a master plan for the active and passive parks to direct long-term planning. Noted that some of the parks identified are not yet in existence. The Master Parks Plan focuses on the long-term and creates a healthy, vibrant plan for the future. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09-085 RECEIVING THE MASTER PARK PLAN. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. Consider Approval of a Resolution Granting a Franchise to Integra Telecom for Cable Communica- tion Purposes City Manager Boyles spoke about the process to issue a cable communications franchise consistent with federal, state and local procedural requirements. Noted that the proposed franchise agreement does not address the franchise area and suggested language that would allow Integra to provide a timeline for pro- viding services to the entire City. City Attorney Pace commented that there are two competing interests. and that Mediacom wants the franchise agreement with Integra to be equal to the terms that were imposed on them. The City tried to negotiate with Integra guided by provisions already in the Mediacom franchise, but two central issues have arisen. First, whether the City can or should grant a franchise to provider who is not proposing to serve the entire city which is the area served by Mediacom. Stated that the Council cannot create economic barriers that prevent a new entrant from entering the market; but can consider what is a reasonable build-out requirement. Stated that in a recent Federal Communications Commission Order, following a Notice and Comment Rulemaking, the Commission noted the economic hurdles for new entrants into an existing market are challenging and that the new entrant is usually only able to convert a small percent of the existing provider customers. Stated the Federal Communications Commission recog- nizes that Integra should be given time to achieve economic stability without the burden of the City requir- 8 City Council Meeting Minutes June 1, 2009 DRAFT ing build-out of its system to serve the entire City as a condition of the City Council approving its franchise application. Directed Council to a proposed amendment in the Agenda Report that would allow the City Council to consider whether build-out and on what schedule is appropriate as part of the consideration of Integra's renewal application in five years. Pace also distributed amendments to the draft Integra franchise that had been provided and proposed by Mediacom. Pace suggested the Council consider the amend- ments Mediacom proposed and to provide direction on whether the draft Integra franchise provided to the Council should be revised to reflect any of the issues or language Mediacom raised. The second issue Pace described involved support for Public, Education, Government (PEG) program- ming. Mediacom provided the City with $77,000.00 to use towards equipment to provide public, educa- tional and government broadcasting. They remitted half with their application and the remaining half over the first year of their franchise agreement. Integra has proposed one-third of $77,000.00. It proposes to collect $0.10 per month, per subscriber and remit what it collects from subscribers over the five years of the proposed franchise agreement. Pace believes that the treatment between the two providers is not equal, but the Council should decide whether Integra is being treated more favorably than Mediacom was treated. Asked the Council for direction on the two issues. Suggested the Council consider deferring this item for two weeks to allow additional time to determine if an agreement can be reached that is reasonable. Noted that there is a 90-day requirement to respond to the franchise proposal and the June 15 will fall within that 90-day period. Comments: Erickson: Agreed to the request for a two-week delay. Agreed that Integra should pay the prorated PEG amount (half up front and the remaining half over the first twelve months). Stated he does not perceive the need to build-out to the entire City as the portion of the City Integra would not serve is already being served by multiple cable providers. Has an issue with requiring Integra customers to buy the Internet service in order to get the cable service. Pace: Responded that Integra has agreed that a customer can buy anyone of the three services and will not be required to bundle them, which is reflected in the franchise agreement. Millar: Concurred with Erickson comments regarding the PEG money and believes the build-out require- ment should be considered with appropriate time to do so. Haugen: Believes the City needs to be consistent and fair with comparable benefits. Agreed with PEG charge comments made by Erickson and Millar. Appreciated the clarification on the unbundled services. Pace: Due to the 90-day requirement to respond, if the Council does not act on the proposal on June 15, it will be deemed approved on an interim basis. Erickson: Asked if the City is indemnified so that any action between the two competitors would not cause a liability to the City. Pace: Replied that the City would be involved in any suit. In the event the City entered into agreement with Integra, they would step into the City's place. Believes the indemnification language protects the City. Under the Federal Cable Act the only relief available is Injunctive or declaratory; meaning the companies cannot sue the City for damages. Given the direction provided, believes the City will be in good standing even if challenged. MOTION BY MILLAR, SECONDED BY ERICKSON TO DIRECT CITY ATTORNEY TO IMPLEMENT ITEMS IN THE ABOVE DISCUSSION. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. NEW BUSINESS 9 City Council Meeting Minutes June 1, 2009 DRAFT Consider Approval of an Ordinance Amending Section 1101 and 1108 of the City Code to Allow for Interim Uses Community Development and Natural Resources Director Parr explained the intent of adding interim use to the zoning ordinance is to provide a temporary use of property for a specified period of time. De- scribed the process for an interim use and explained that it would only be allowed in extraordinary circum- stances. Stated that the Planning Commission held a public hearing and incorporated some recommended changes from the public hearing into the proposal, subsequently approving it. Comments: Erickson: Questioned language stating that interim use can be permitted if it is allowed in the zoning dis- trict asking why it would need interim use approval if it is permitted. Parr: Replied that the Council is allowing a use in the first step of the process and if the Planning Commis- sion has reviewed and approved it; then it can be permitted as an interim use in that district. Erickson: Seeking clarification, proposed a scenario of a liquor license in a Commercial Neighborhood Retail district posing that it would not be allowable because it is not allowed in that district. Pace: Replied it would not be allowed because there would be other statutes and ordinances that govern where a liquor license is permitted. Suggested using an analogy of a conditional use permit and a zoning ordinance and district that defines what is permitted and what is permitted by condition. The first step would be to add something to a zoning district, something that is allowed on an interim basis. Erickson: Asked if this would be allowing something in a zoning district that normally isn't allowed in a zoning district and queried if the proposed language is correct. Pace: Agreed it is awkward language, but stated it was taken directly from State Statute. Commented that it was difficult to figure out how to implement it, but that the first step is to allow something to be a permitted use - something that has a high enough social significance and can be controlled - and the Council would make the decision that on a temporary basis, it would be permitted. Would have to have all the zoning dis- trict restrictions apply. The second step is more strenuous and would be site specific. Erickson: Asked what notice would be given to surrounding areas. Pace: Replied that the first step would be a zoning amendment ordinance. Parr: Added that notice would be published in the official newspaper for the first stage and the second stage would be site specific so notification of a public hearing would be made to residents in a 350-foot ra- dius of the site. Erickson: Clarified that the first stage is time-specific to the zoning districts of that classification. Parr: Replied that the first stage is to allow an interim use with no time frame associated with it. The sec- ond stage considers a specific use in a specific place and has a time frame. Erickson: Queried if this does not change the zoning district regulations which would remain until they are changed again so it amounts to a complete change of zoning. Parr: Agreed. Millar: Asked if this applies to all zoning districts or just commercial districts. Pace: Replied that zoning ordinance could be amended for whatever need is perceived in order to author- ize a particular use to be allowed if it is granted an interim use permit. Parr: Added that an interim use will probably only take place in a commercial zone. It is unlikely that a community-good interim use would fall into residential or industrial and this is geared toward commercial. Millar: Commented that somebody somewhere will probably request something in a residential area. Asked if the City would be better served to restrict this to commercial and industrial. Haugen: Responded that it would still need Council support to do it. 10 City Council Meeting Minutes June 1, 2009 DRAFT Pace: Agreed it is hard to anticipate what might come along. Stated she would prefer not to limit it to commercial and industrial, but if the Council can articulate a rational basis for limiting it there should be no problem. Millar: Agreed not to limit it. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE ORDINANCE 109-06 AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. Consider Approval of an Ordinance Amending Sections 1006 and 1109 of the City Code Related to Appeals to District Court Community Development and Natural Resources Director Parr explained the proposed amendment provides language for any person aggrieved by a decision of the City Council to appeal the decision to the District Court. Comments: Millar: Will support. Erickson: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 109-07 AMENDING SECTIONS 1006 AND 1109 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. Consider Approval of an Ordinance Amending Section 1102 of the City Zoning Ordinance Related to Shopping Centers Community Development and Natural Resources Director Parr explained that the proposed amend- ment designates provision for a smaller shopping center than current ordinance to allow the Council greater oversight on future uses. Commented that the Planning Commission held a public hearing on this pro- posed amendment and no input was received. Comments: Erickson: Will support. Millar: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 109-08 AMENDING SECTION 1102.1203 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. Public Forum Mayor Haugen stated that recently the public forum was changed to allow members of the public to make comment on issues that were on the agenda. Stated he believes it should revert to the previous criteria that disallowed comment on an agenda item as it creates potential for unequal treatment for persons in ad- versarial positions on any given topic. Suggested the Bylaws and Compensation Committee review it for potential recommendation to amend the Council bylaws regarding the public forum. 11 City Council Meeting Minutes June 1, 2009 DRAFT Millar: Will support sending to bylaws committee. Erickson: Asked if the Council can act on the proposed change rather than sending it to Committee. Boyles: Recommended using the processes of the Committee. Millar: Added he would prefer to have the full Council seated for the vote. MOTION BY MILLAR, SECONDED BY ERICKSON TO DIRECT THE BYLAWS AND COMPENSATION COMMITTEE TO CONSIDER AMENDING THE COUNCIL BYLAWS IN REGARDS TO THE PUBLIC FORUM. VOTE: Ayes by Haugen, Erickson and Millar. The motion carried. OTHER Community Events Millar: Clean-up the Lake will be held this weekend, encouraged everyone to clean up areas around lakes and parks. Haugen: Congratulated 40-year firefighter Jim Weber and new firefighters Justin Gibbish and Shawn Mahaney. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by Erickson. With all in favor, the meeting adjourned at 10:45 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 12