Loading...
HomeMy WebLinkAbout04 - Draft July 20 Meeting Minutes c ". o~.. iii;~ 4646 Dakota Street S.E. U ~?:;) Prio, Lake, MN 55372-1714 ~ 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, Code Enforcement Officer Corrow, Police Chief O'Rourke, Planner Matzke, Finance Director Erickson, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assis- tant Green. City Council Meeting Minutes July 20, 2009 DRAFT 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: Robert Hauer, Carquest at 16189 Main Ave, Expressed concern about the location of the Farmer's Market and suggested moving it to a park. Stated that having the Farmer's Market on Main Street hinders walk-in business on Saturday morning which is his time of highest retail customer frequency. Presented a signed petition of others who feel the same to Mayor Haugen. David Bartelt, Carquest Regional Manager. Confirmed that Saturday business is down for the walk-in trade and believes it is due to limited ability of customers to get to the store. Stated they have been af- forded two parking spots on the side of the building, but feels that does not give adequate access. Would like consideration given to the possibility of moving the Farmer's Market to Lakefront Park. Erickson: Was not aware there was a concern with businesses about the Farmer's Market adding that part of the reason for moving it to its current location was to help the downtown businesses. Wants to know if it is hindering the businesses. LeMair: Concurred with Erickson's remarks. Believes there may be a fair amount of businesses that be- lieve the Farmer's Market is helping them thrive; and that the Market has done well because customers can go from one business to the next. Stated he is interested in looking at the petition and will talk to busi- nesses on the coming Saturday's Farmer's Market. Hedberg: Thanked them for coming and sharing their concerns. Stated he will learn more about if from other businesses. Millar: Stated he thought the Farmer's Market was good for downtown and is curious to learn if that is true so will visit with other businesses there. Haugen: Stated he is a proponent of the Farmer's Market being downtown and that a number of custom- ers and downtown business persons approach him to thank him for supporting its move there. Noted that most names on the petition are not located on Main Street where the Farmer's Market is located. Asked Carquest to consider what the other businesses are doing to become more successful with the Farmer's Market. Believes that moving the Farmer's Market to Lakefront Park would take away a benefit for down- town businesses by taking business away from that environment. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes July 20, 2009 DRAFT APPROVAL OF AGENDA City Manager Boyles requested that an additional item, Consider Approval of a Resolution Authorizing a Negotiated Sale of 1.3 Million Dollars of General Obligation Improvement Refunding Bonds, be added as 10C. Mayor Haugen requested that presentation item 7C, Draft Property Maintenance Ordinance, be moved to 10D. 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 ERICKSON TO APPROVE THE JUNE 15, 2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE JUNE 29, 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 the 2nd Quarter Financial Report. D. Consider Approval of the 2nd Quarter Investment Report. E. Consider Approval of Building Permit Reports for June and First Half of 2009. F. Consider Approval of Animal Warden Report. G. Consider Approval of Fire Call Reports for June and 2nd Qtr of 2009. H. Consider Approval of Resolution 09.096 to Renew Agreements with Credit River Township to Pro- vide Fire and Rescue Services. I. Consider Approval of Resolution 09.097 Accepting Donations and Grants to the City During the 2nd Quarter of 2009. J. Consider Approval of Resolution 09.098 Approving the Wetland Replacement Plan for County Road 83 Reconstruction from CR 42 to CR 16 (City Project No. 09-001). K. Consider Approval of Temporary On-sale Intoxicating Liquor License for Prior Lake Chamber of Commerce for Lakefront Days. Councilor Hedberg requested removal of 51, Consider Approval of Resolution 09.097 Accepting Dona- tions and Grants to the City During the 2nd Quarter of 2009, from the Consent Agenda. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. 2 City Council Meeting Minutes July 20, 2009 DRAFT Hedberg: Asked City Manager Boyles to recite the donations received during the second quarter. Stated that this is an important part of City programs and highlights partnerships and what can be accomplished by working together. Thanked each donator for their assistance. Haugen: Agreed. Noted that many other organizations also provide non-financial assistance. MOTION BY HEDBERG, SECONDED LEMAIR TO APPROVE RESOLUTION 09-097 ACCEPTING DONATIONS AND GRANTS TO THE CITY DURING THE 2ND QUARTER OF 2009. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Community Safety Advisory Committee (CSAC) Police Chief O'Rourke introduced CSAC Chair Woody Spitzmuller who provided an update on what the CSAC has been doing since it was established. Introduced members Gina Gertner, Janine Alcorn, Linda Ringstad, Betsy Jader and Susan Hadley. Provided a history of the Task Force and the issues it identi- fied. Described the Committee's objectives, timelines and status of activities. Comments: Hedberg: Stated that he is the 2009 liaison for the CSAC. Commented on composition of the CSAC and preceding Task Force stating they were leaders from several elements of the community. Stated the group is helping to move the Safe and Healthy Community Vision element forward and he looks forward to it be- ing an important advisory group to the Council for years to come. Millar: Thanked committee for its work and asked if children receive the Netsmartz training. O'Rourke: Replied that Netsmartz is intended to give parents training so they are more aware of what kids are doing on the Internet and to learn of dangers that kids could come across when they access the Inter- net. Added that the training is available for children as well. Millar: Asked if the Committee has any work scheduled regarding domestic violence. Spitzmueller: Replied that is an area the CSAC would likely work toward, but it is not on their agenda at this time. Millar: Believes that domestic violence issues come up more during tough economic times. Spitzmueller: Added that is Susan Hadley's area of specialty and she will be a great resource. Erickson: Agreed with Millar about adding domestic violence to objectives. Asked for comment on provid- ing training to sixth, seventh and eighth graders regarding the effects of alcohol on driving since they are not driving yet. Spitzmueller: Corrected the reference to driving for that group stating that CLIMB theatre offers a presen- tation for that age group about awareness of gateway drugs. LeMair: Thanked the Committee for its report. Haugen: Added that SCALE has an objective of having the social host ordinance adopted by every city in Scott County by September. Believes the CSAC is a great example of maximizing resources as the Police Department could not provide the sole leadership to accomplish the tasks the Committee has undertaken. The membership of this Committee provides motivation and expertise to allow the programs to move for- ward. Economic Development Advisory Committee (EDAC) Planner Matzke explained that the EDAC was re-established in February of 2009 to actively assist the City in achieving Economic Development and Downtown Redevelopment goals. Introduced Deno Howard, EDAC vice chair. Howard listed goals of retention and recruitment of businesses for the City stating that sub-committees have been established for each of these goals. Stated the EDAC wants to identify avail- 3 City Council Meeting Minutes July 20, 2009 DRAFT able commercial property and buildings, transportation issues, market the city, and find funding sources. Invited contacts from any business. Comments: LeMair: Asked if recruitment of businesses is for a particular area. Howard: Replied that the subcommittees have just been established. Understands that people approach the City asking what to do and where to go and that the EDAC will respond to those queries. Erickson: Stated that he is the liaison to the EDAC. Believes that the concept of this group is to maximize resources by helping with the work that an economic development director would do - contacting current businesses to make sure they are happy and going out to find new businesses. Stated that a brochure will be put together showing what the City offers. Complimented the EDAC members for their commitment to economic development in Prior Lake. Hedberg: Commented that the EDAC fulfills an important job adding that the businesses of Prior Lake have always been their own network and having this group helping make progress in the City will strengthen the network of businesses and achieve the goals. Asked Howard's view of the issues facing businesses in Prior Lake. Howard: Replied that some businesses are concerned about the level of taxes and the EDAC contacted them to let them know of the meeting they could attend to appeal their valuation. Hedberg: Commented that several businesses did appeal their valuation and the County Assessor's of- fice made several adjustments. Millar: Supported the idea that the EDAC has identified the two areas of attention stating that the eco- nomic environment of the City can best be sold by the existing businesses. Asked if other issues have been identified besides tax issues. Howard: Replied they may consider whether Prior Lake is a business-friendly environment and has the appropriate ordinances. Haugen: Stated that economic development has long been a challenge in the community. Added that SCALE has a task force in the County to deal with county-wide economic development to keep people working close to home. Believes critical elements are transportation, planned right-of-way acquisition, and valuations. Does not believe Prior Lake is a difficult place for businesses to work with and that business owners must take personal responsibility for marketing advantages. Asked about the EDAC's coordination with the Chamber of Commerce. Howard: Replied that the Chamber Executive Director Fleck is on the EDAC and her input is valuable when talking about retention and recruitment. Haugen: Commented that the Chamber membership has quadrupled in the past few years and noted that it is a challenge to retain and recruit businesses during tough economic times. PUBLIC HEARING Sycamore Trail Informational Meeting. Public Works Director Albrecht commented that the City has no process for changing a private street to a public street. Explained that a petition was submitted for the purpose of gauging how many citizens were interested in Sycamore Trail becoming a public street. Provided a history of Sycamore Trail, how it was platted and how it has been maintained. Stated that three of the petitioners have contacted the City re- questing to be removed from the petition because they want more information about the implications of having the City take over maintenance of the roadway and possible designation of the street as "public." Stated that the condition of the street is fair and if it is added to the City street roster, it may be up to ten years before any reconstruction is planned. Described six classifications of private roadways that exist in the City and described the liability to the City if it takes over private roadways. Suggested the City needs to 4 City Council Meeting Minutes July 20, 2009 DRAFT develop a written maintenance policy for private roadways and identify the City's stance to property owners along such roadways. Comments: LeMair: Asked what benefit there is to the City to take over maintenance of the private roadways. Albrecht: Replied that it may be a greater issue to minimize the City's future liability on its handling of pri- vate streets such as snow-plowing, etc. which would allow all the private streets to be treated the same. LeMair: Asked if the utilities of every development are private utilities. Albrecht: Replied they all have electric and gas utilities, but they also have City sewer and water so there are public utilities in the roadways. Stated the City typically has easements over the roadways, but mainte- nance is not defined; for example, a new subdivision with a private roadway has utilities, but the City does not plow those roads. Pace: Stated that having a written policy to work with can avoid litigation costs. Added that the policy could be codified to comply with State Statute; and the City would have the means to treat everyone simi- larly situated in the same way. Erickson: Questioned the map showing right of way. Albrecht: Replied that the aerial photos distort the right-of-way up to 15 feet; but noted that in the older part of the City, the roadways do not exist in the right-of-way. This resulted in the City usually having more right-of-way than originally planned because there is the area of use as well as the platted right-of-way. Erickson: Asked if any people would be giving up property. Albrecht: Affirmed that anyone on the roadway that exists out of the platted right-of-way would be, by use, giving up property. MOTION BY LEMAIR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:33 p.m. Comments: Mike Spanier, 3483 Sycamore Trail, commented that last winter Wes Mader wanted to make improve- ments on the street and since people had different wants, nothing was done. During that time frame, the idea of turning the street over to City came about. Does not know what is involved. Questioned what would be gained by becoming a City street if no reconstruction would be done for ten years and it is already getting service by virtue of having a lift station. Questioned whether improvements could be done when CR 12 reconstruction is done. Stated that Sycamore Trail has a 40-foot right of way and he would not want to have the street made wider and lose part of his yard. Asked if it could be put in writing that the yard would not be lost to a cul-de-sac, that the street would not be made a through-way or made wider. Encouraged the City not to take over the street right now. Alan Pankonie, 3482 Sycamore Trail, concerned about traffic that has come as close as within three feet of his house. Cannot afford to lose any of the space in his yard if the roadway were made wider. Would want assurance that any roadway changes would be further away from his house. Lowell Rieck, 3526 Willow Beach Street, commented that the City wanted to construct a through street 20 to 25 years ago and the homeowner's association blocked it. Believes there may be a record to show that would never happen. Expressed concern about having his property encroached upon to put in a cul-de- sac. Encouraged the City to check the records to learn what determination was made in the past. John Bauchle, 3437 Sycamore, echoed comments and questions expressed by Spanier. Asked how po- tential assessments would be allotted if the roadway were made public and improvements made. 5 City Council Meeting Minutes July 20,2009 DRAFT Eve Eichten, 3406 Sycamore, concurred with Spanier's comments. Added that she would like the road- way to remain a dead end. Stated concern about the costs of reconstruction and would want to work out the details of that before the City took over the roadway. Wes Mader, 3470 Sycamore Trail, believes that Sycamore is a public street. Stated the street has histori- cally been considered private, but the reason is unknown and other streets platted at the same time with same language are considered public. Is unaware of any documentation to explain discrepancy in treat- ment of these streets. City has been performing maintenance to keep access to City utilities. Other private streets with utilities have no maintenance such as plowing. Stated he felt disheartened by Eichten's letter to the City, but their feelings about him are not relevant to the decision. Believes the facts are: the subdivi- sion plat includes dedication of a 40-foot right-of-way to a street that property owners cannot control; there is no homeowner association with legal authority or financial resources to maintain the road; the City has been providing maintenance for as long as remembered; state statutes, when taken as a whole, make it clear that Sycamore Trail is a public street. Believes the Eichten letter demonstrates how a neighborhood can become polarized when a street has no authority or control and each individual expresses desires with no authority to carry it out. Noted that quotes were obtained from vendors to provide overlay or reconstruc- tion as well as information about costs if the City took it over. That information was disseminated to neighbors. Believes that all of Sycamore Trail is public and should be included in a street maintenance program. Thanked Council for its willingness to address the issue and the staff for a comprehensive report. Dave Bathel, 3498 Sycamore, questioned whether Mader was the only resident to receive a copy of the agenda report for tonight's meeting. Expressed frustration about not receiving information that was appar- ently sent to other residents. Commented that a meeting was held 17 years ago when some residents wanted to turn the street over to the City and the City Engineer at the time commented that if even one resident did not agree to it, it would not happen. Asked if that had changed. Stated that all residents should know what the City plans to do with the roadway as well as associated costs. Asked the Council to table the matter until such questions have been answered. Mader: Replied that the City sent notices of this informational hearing to all residents and he sent em ails to the residents for whom he had an email address. Reviewed the options he believes the residents have regarding improvements, allowing the street to deteriorate or having the City take it over. Stated it is not his first desire to have the City take it over, but with no agreement in the neighborhood believes that nothing would happen otherwise. John Myser, 16015 Northwood Road, owns a cabin on 3454 Sycamore Trail. Asked be included in future information sharing. MOTION BY LEMAIR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 8:03 p.m. Comments: Haugen: Stated this is a unique situation where there are opposing sides and a perception that information is not equally shared. Wants to focus on what sort of written policy the City has for private streets so that fairness and awareness can be created for the long term. Such a policy would dictate the treatment of Sycamore Trail. Hedberg: Commented that the City has more than 60 private streets in six different categories. Has per- sonally owned homes that were involved in similar situations and believes it is rooted in Prior Lake being a recreational community with many cabins and unusual platting conditions. Records don't exist about why they were platted a particular way. Believes a common way of handling the private road situations needs to be developed. Sycamore Trail can set a precedent for how the Council will evaluate and decide how to 6 City Council Meeting Minutes July 20, 2009 DRAFT handle a private street and public support of a private street. The policy must address the rights of owner- ship or easements and the responsibility for maintenance. The policy would also decide the question of cul-de-sacs, width of streets, through streets, etc. Noted that cost of assessments follows a policy that is already established and that should be examined in conjunction with a policy for how to handle private streets. The staff report indicates that Sycamore Trail meets the criteria for a public street, but all of the questions must be examined and a consistent process developed to deal with them. Thanked residents for their input. LeMair: Stated it is interesting to hear both sides of the situation. Expressed concern as a citizen that the City has been maintaining a private street noting that a significant amount of money has gone into it and a precedent has been set for taking care of it. Commented that if the street remains private, he is not inter- ested in continuing to pay for the maintenance of it; and if it becomes a public roadway, future reconstruc- tion will have some costs associated with it. Would like the information in any notes from past meetings as well as legal advice from the standpoint of what precedent has been set and whether the City has a legal obligation. Agreed the issue is complicated and the City is trying to stop the cycle of problems associated with it. Stated he is not prepared to vote on the issue at this time. Erickson: Commented that the amount of traffic would not be affected whether it is public or private and there seems to be concern about whether the roadway opened through to Willows. Asked if there is any thought to push the roadway through. Albrecht: Replied he is unaware of any plans to do that adding that there is a significant grade difference between the two streets. Erickson: Commented that the City has been narrowing current roadways to reduce impervious surfaces and asked if there is any thought to widening the roadway. Albrecht: Replied that no one has petitioned the City to reconstruct the road so no analysis has been done regarding reconstruction. Typically the City works with the neighborhood to assure that needs are met for both the neighborhood and the City. Erickson: Commented that any financial obligations from reconstruction would not be incurred in the near future even if the street became public. Added that if it remains private, residents will probably have to be- gin to pay for plowing it. Commented that this roadway should not be a precedent for other private road- ways because this one is unique. Asked about the two sections of Sycamore as it pertains to the public right-of-way. Noted that the City has plowed portions of private streets to gain and assure access to public utilities. Albrecht: Depicted sections of Sycamore Trail that are owned by the City and privately held, and those which have no ownership depicted. In the mid-1980s the City resurfaced an area, and drainage from the public roadway goes to a catch basin area where the City makes drainage repairs. Excluding the original construction of the first 200 feed, the City has performed all known maintenance since then. Erickson: Asked if the question is to make all of Sycamore public, or treat as two separate sections. Albrecht: Replied there are two separate sections as far as classification, but the intent is the entire street from this section would be either public or private. The petition asked for the entire 800 feet to be public. Erickson: Asked if there would be legal issues if the first part of the roadway remained private considering all of the work the City has already done. Pace: Replied it could be vacated with an easement for utilities and roadway. Erickson: Stated that considering the history of the street and the ongoing maintenance, he supports mak- ing it a public roadway. Millar: Thanked residents for coming. Seems residents are not against the street becoming public, but that there are issues they want clarified. Will work toward finding a way to work with the residents and clar- ify the responsibilities and liability for the City. 7 City Council Meeting Minutes July 20, 2009 DRAFT Haugen: Stated that he is inclined to support turning Sycamore Trail into a public street, but there are many questions to be answered prior to that such as cost, cul-de-sacs, width changes, legal issues, etc. Commented that the Council cannot guarantee, if the street is public, what modifications there might be in the future and cannot bind future Councils. Believes the City should have a written policy to deal with the transition of individual streets. LeMair: Agreed. MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO UPDATE THE STREET MAINTENANCE POLICY TO ADDRESS THE MAINTENANCE OF PRIVATE STREETS AND TO INCLUDE THE CONDITIONS FOR POTENTIAL TRANSFER FROM PRIVATE TO PUBLIC STREET. Erickson: Asked for a timeline for a policy to be brought back to the Council. LeMair: Suggested that a proposed policy be brought to the Council before winter and the need to plow streets. Albrecht: Suggested the policy be brought to the Council concurrent with the Winter Maintenance Policy because that addresses the plowing and snow removal for the winter. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. RECESS Mayor Haugen called a recess at 8:40 p.m. RECONVENE The meeting reconvened at 8:45 p.m. OLD BUSINESS Consider Approval of a Resolution Approving an Interim Use Permit to Allow an Alternative School in the C.2 (General Business) Zoning District. Planner Matzke informed the Council that ISD #719 has applied for an Interim Use Permit to allow an al- ternative school on a site located within the Northgate Center on Franklin Trail. Described the proposed conditions applied to the Interim Use Permit noting the use is proposed for five years with an option to re- apply for a five-year extension of the use permit. The Planning Commission added the condition that if businesses would require the parking spaces in the future, the school district would give up the 18 spaces allocated for the alternative school. Comments: LeMair: Will support. This is a good alternative for the school district in lieu of constructing additional facili- ties and supports a local business as well. Erickson: Questioned if the parking condition set forth by the Planning Commission was acceptable to the school district. Matzke: Replied that school district indicated they would consider it noting that the area has been trying to attain tenants and the school district is willing to work something out with future neighboring tenants. Noted that 18 spaces is a requirement based on our ordinance, but the school indicated it did not need that many spaces. Erickson: Clarified that this would not preclude the school district from entering into any agreement for more parking spaces. Matzke: Affirmed. 8 City Council Meeting Minutes July 20, 2009 DRAFT Erickson: Will support. Millar: Will support. Hedberg: Commented that the Council worked as fast as it could to get through the process of amending the ordinance and establishing conditions so the school district could move forward with its planning. Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09.099 APPROVING AN INTERIM USE PERMIT TO ALLOW AN ALTERNATIVE SCHOOL IN A C-2 (GENERAL BUSINESS) USE DISTRICT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Adopting the 2010-2014 Capital Improvement Plan (CIP). Public Works Director Albrecht reviewed revisions proposed for the 2010-2014 CIP that respond to di- rection given by the Council at a work session. It allows expediting roadway improvements taking a holistic look at the streets and utilities infrastructure. Streets and utilities in the worst conditions were reviewed and differentiated between those that need complete reconstruction vs. those that could benefit for 10-15 years with just street overlay. Timelines were identified for neighborhoods. Finance Director Erickson spoke of resources needed to fund the projects and the associated tax levy impacts. Comments: Millar: Complimented staff on finding solutions for problematic streets and utilities. Asked how much fluc- tuations in market value there might be and the resulting tax capacity when using $300,000 as base for anticipating tax impacts. J. Erickson: Replied that market value could range from a 2% increase to a 30% decrease according to statistics provided by the County. Noted that generally there is a decrease in the overall tax capacity for the community of close to 4%. The impact of a 0% tax levy will still result in a tax increase. Millar: Stated that the Council has made a commitment to catch up on street reconstructions to get streets to the quality they should be at and then maintaining them; so the CIP, with this small tax increase, must be supported. W. Erickson: Agreed that some of the streets in the CIP are in desperate need of repair and is glad a way was found to bring them into better condition at a reasonable cost. LeMair: Believes this maintenance of infrastructure is one of the "must-haves" identified in 2030 Vision planning. Many streets need to be done in a short time. Will support. Hedberg: Will support. Stated that 10-15 years of additional life of the identified streets can be gained with the proposed improvements. Wants the plan to address whether it makes sense to do some sort of special assessment for resurfacing so people know there is not a free way out of a long-term situation. Believes this is a creative way to move ahead quickly, but not a long-term option. Albrecht: Replied there will be a feasibility study when the project is brought forward and part of that will address funding. Noted that other cities do assess for similar projects so people avoid thinking they can have free overlays forever; and assessments also allow them to do more overlays and preventative main- tenance. Prior Lake assesses higher on reconstruction while other cities assess less for reconstruction and then charge for some of the other maintenance items. Believes the Assessment Review Committee should take it up this fall as part of the feasibility study. Hedberg: Knowing it will be looked at by the Assessment Review Committee, will support. 9 City Council Meeting Minutes July 20, 2009 DRAFT Haugen: Will support. Agreed that the policy needs to clearly identify when streets qualify for one kind of maintenance vs. another. Supports having the Assessment Review Committee review what the City's po- sition should be on assessment for these smaller projects vs. full reconstruction. Hedberg: Added that he supports the CIP's sustained increase in the levy for the equipment matrix and that the funding for the parks appurtenant equipment matrix is included. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.100 APPROVING THE 2010-2014 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Preparation of Plans and Specifications for CR 21 Watermain Project. Public Works Director Albrecht provided a history of the development of this project. Indicated that two residents have signed right of entry forms and a third resident is in discussion. Indicated that the design of the project is needed now to allow bidding and completion of the project before fall. Two proposals were received and the low one is recommended. Comments: All Councilors expressed support of the project. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.101 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CR 21 WATERMAIN PROJECT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Annual Report on Wellhead Protection Plan. Public Works Director Albrecht informed the Council that wellhead protection is a requirement of the Min- nesota Department of Health. Described the wellhead protection areas in the City and the efforts made to reduce any possibilities of contamination of the groundwater. Explained costs associated with wellhead protection including construction of monitoring wells and educational components. Comments: Millar: Pointed out that funds for this are coming from the utility funds. Hedberg: Stated it is quite important to have clean water in the community. LeMair: Will support. Erickson: Will support as part of a safe and healthy community. MOTION BY HEDBERG, SECONDED BY MILLAR TO ACCEPT THIS REPORT ON THE WELLHEAD PROTECTION PLAN. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving a Petition Requesting a Name Change for Oakes Lane. Planner Matzke stated that a name change request has been made and explained the rationale for it. Comments: LeMair: Will support since the petitioner (SMSC) maintains the roadway. 10 City Council Meeting Minutes July 20, 2009 DRAFT Hedberg: This is a sign of good partnership. Will support. Millar: Will support. Erickson: Asked if the City has many streets that the Shakopee Mdewakanton Sioux Community main- tains. Albrecht: Replied those streets should be addressed in the private street policy that will be developed. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.102 APPROVING A NAME CHANGE FOR OAKES LANE TO CREDIT UNION DRIVE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving the Issuance of General Obligation Improvement Re. funding Bonds, Series 2009B Steve Mattson, Northland Securities, Inc. representative, explained that three existing bond issues from 2000, 2002 and 2003 could be refinanced for lower interest rates and that this is an optimum time to do so. Approval of the proposed resolution would allow sale of bonds, etc. Anticipates $30,000 - $35,000 in sav- ings. Will bring a final ratifying resolution to the August 3 meeting for Council approval. Comments: Hedberg: Will support. Millar: Will support. Erickson: Will support. LeMair: Supports a $25,000 threshold for action. Haugen: Will support. Commented that even $10,000 would be a savings and the City should not miss the window for whatever the savings might be. Mattson: Suggested acting upon $20,000. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.095 APPROVING THE ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009B SPECIFYING $20,000 AS THE MINIMUM AMOUNT OF NET SAVINGS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Draft Property Maintenance Ordinance Building and Transportation Services Director Kansier explained the purpose of ordinance as being to maintain property value, provide minimum standards of maintenance, protect character and stability of neighborhoods, provide mechanism for enforcement, identify life threatening situations, etc. Described common complaints that are not covered by current ordinance as well as the complaints that the proposed ordinance would not address. Reviewed the proposed ordinance. Code Enforcement Officer Corrow was present to answer questions. Comments: Hedberg: Stated that some elements of the proposed ordinance make sense, but generally feels the ordi- nance is over-regulating. Supported the proposals regarding the condition of exterior work, but believes the timelines are too tight. Supports the weeds ordinance, but questions the language for outdoor storage. Does not sense that there is a serious problem in Prior Lake with the maintenance of properties. Sug- gested the ordinance be trimmed down and not over-reach what is regulated. Asked if staff thinks there is a problem. 11 City Council Meeting Minutes July 20, 2009 DRAFT Corrow: Replied that some areas could be improved on, but believes staff is doing a good job with the ordinance that is in place. Hedberg: Asked if Prior Lake has a problem with property owners who are detrimental to the rest of the community. Corrow: No. Millar: Questioned how the completion of exterior work could be enforced when dealing with new construc- tion, foreclosures, etc. Kansier: Replied that staff could track the timelines of when building permits are taken out. Added that the ordinance is intended to keep projects moving. Millar: Stated that sometimes the City would be dealing with banks that are not in the area and it could be hard to have some of these things addressed. Corrow: Agreed that the City generally does not get a response from banks located on either the east coast or west coast. Millar: Agrees with the maintenance requirements proposal. Asked if trailers need to be on asphalt or con- crete rather than beside the house. Kansier: Replied that trailers are covered by the recreational vehicles ordinance which would allow park- ing alongside the house. Millar: Stated that cutting and removal of grass and weeds make sense, but believes the proposed ordi- nance should be trimmed down to issues that can be enforced. LeMair: Agree with Millar and Hedberg comments that some areas seem over-reaching. Questioned how unfinished construction could be enforced and whether the City would take someone to court for gutters coming off or paint chipping. Believes the construction timelines are too tight. Believes there is a conflict between protecting rights and wanting a nice neighborhood. Erickson: Generally agrees with the identified goals, but would remove the reference to weathered lawn ornaments. Suggested it is hard to define out-of-season decorations as people may have differing holi- days. Asked about commercially licensed trailers being allowed in residential areas. Corrow: Replied they would not be compliant in residential areas. Erickson: Commented on commercial trailers that house race cars, etc. Asked if they do not comply if they are licensed commercially. Kansier: Responded that commercial licenses may be defined by the weight of the vehicle, adding that she will research that. Erickson: Questioned if recreational vehicles parked in a side yard would count as one of four vehicles allowed to be parked. Kansier: Replied that it would count if it is stored on the driveway. Erickson: Asked how long a guest could be parked in the driveway before the four vehicle count would come into effect. Kansier: Replied that communities with this type of provision deal with it on a complaint basis and gener- ally complaints are not received regarding parties or short-term guests. Erickson: Asked the City Attorney if a timeline would have to be defined in the ordinance in order to en- force it. Pace: Yes. Erickson: Suggested the timeline for guest vehicles should be 48 hours. Asked about the definition of a property regarding the four vehicle count. Kansier: Replied by reading the legal description. Erickson: Questioned duplexes on a lot and apartment complexes. Kansier: Replied this ordinance does not include apartment complexes, but rather just R1 and R2 districts. 12 City Council Meeting Minutes July 20, 2009 DRAFT Haugen: Asked about legality of the number of vehicles and believes that even though vehicles may be licensed, the issue is about vehicles that may not have been moved for a long period of time. Asked about the example used in the report. Corrow: Replied that all of the vehicles in the example are licensed and all operate. Haugen: Commented that it may be in the eye of the neighborhood whether or not it is a problem and the ordinance is needed to prevent extremes. Kansier: Replied that the proposed ordinance attempts to address that extreme issue through outdoor storage in section 609.601. Asked for direction from Council. Haugen: Replied that the ordinance should allow four vehicles in the driveway and a trailer counts. Any- thing else is illegal. Believes a 48-hour window is fine. Ongoing deteriorating exterior conditions should not be tolerated. Believes the ordinance should have some teeth, appropriate timelines, and address repetitive violations. Erickson: Added that demonstrated hardship, section 609.403, allows exemption from some of the pro- posed ordinance. Suggested adding a 48 hour timeline to 609.601, and eliminating 609.603. Kansier: Asked for direction about timelines for completion of construction. Haugen: Asked if the analysis of other communities would provide some general timelines that have been effective. LeMair: Suggested that a permit could be renewed for an additional timeline. Kansier: Commented that reasonable completion is to have the outside finished and the City is not asking a builder to make big investments on the interior of the building. Erickson: Stated that from a public safety standard, it would not be a safe situation to be unfinished and open for too long. Questioned whether there should be longer periods of time to complete projects of greater values. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO RESEARCH OTHER COMMUNITIES AND USE DIRECTION FROM THIS COUNCIL MEETING TO REVISE THIS PROPOSED ORDINANCE FOR SUBMISSION TO THE COUNCIL AT THE AUGUST 3,2009 MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Millar: Listed the events for next week's Lakefront Days. Haugen: Announced that Mary Haugen, former Activities Director of ISD #719, will be inducted into the Laker Hall of Fame. 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 10:35 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 13