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HomeMy WebLinkAbout04 - Draft August 3 Meeting Minutes ~~ PR~ co~ 4646 Dakota Street S.E. U ~ Prior 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, Community Development and Natural Resources Director Parr, Finance Director Erickson, Assis- tant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. City Council Meeting Minutes August 3, 2009 DRAFT PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pri- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: Dr. Beth Westie and Dr. Rachel Moore of Kes Chiropractic: 14033 Commerce Avenue NE, requested an amendment to ordinance 303, regarding licensure of a massage therapist. Stated they believe every massage therapist should be licensed and pass a background check in order to work in Prior Lake. Re- ferred to an office that hired an unlicensed person who has been accused of sexual crimes. Presented a signed petition in support of their request. Comments: Millar: Stated that it seems logical to require a background check and license for this profession. Hedberg: Suggested the request could be forwarded to the Community Safety Advisory Committee ex- plaining that the Committee has developed a background check brochure and this could be added. LeMair: Concurred. Erickson: Supports changing the ordinance as requested. O'Rourke: Stated that the individual referred to has been charged but not convicted, so nothing would have shown up on a background check. Noted that the Prior Lake ordinance mirrors State Statute in its requirements. Haugen: Added that even if ordinance is changed, it cannot be effective retroactively. Monti Giles, 14020 Shady Beach Trail, presented a letter to initiate a claim with the City's insurance com- pany. Thanked Councilor Erickson and Code Enforcement Officer Corrow for their help. Stated he has complied with everything that Corrow asked him to do. Believes his neighbor is persecuting him and that no action regarding his issue has been taken because he is being discriminated against due to his race and poverty. Haugen: Requested Giles to restrict his comments to his issue. Giles: Referred to issues of past water drainage on his property causing damage, and a manhole covering that has become eroded and creates a dangerous opening. Stated that promises were made to help him, but no one has done anything. Expressed frustration that he is not allowed to say the things he wants to www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes August 3, 2009 DRAFT say and stated he is tired of not having the problem addressed. Stated that the City should send someone to his house or it will be contacted by his attorney. Comments: LeMair: Believes that staff has been to Giles' home and that storm drains have been installed to alleviate the water drainage problems. Encouraged Giles to contact the County. Stated the City did not build CR 42 is not accountable for that job. Erickson: Knows that City staff has been trying to help and the City has helped eliminate some of the problem with water drainage. One of the issues seems to be past damage. Stated that the paperwork has to be submitted by Giles in order to file a claim. Millar: Recalled that the last time Giles approached the Council, staff was sent to his place. Concurred that procedures need to be followed such as completing and sending required documentation to the insur- ance company. Any citizen would have to do the same and it is not discriminating. Hedberg: Understands that this situation has been going on for many years and agreed that staff will help but procedures have to be followed. Haugen: Understands that Shady Beach Trail is in poor repair noting that the City has made a plan to do some work on the entire road in 2010. Understands that there is conflict with the neighbors. Agreed that the paperwork must be completed in order to process the claim. Explained that there will be additional fol- low-up information requested by the insurance company and that will also need to be provided for this to be resolved. Albrecht: Provided a summary of the issues with the Giles' property. Giles needs to initiate the claims process and work with the insurance company. Explained that some drainage work is planned for the Giles property with the planned resurfacing project scheduled for 2010. Haugen: Informed Giles that any comments made by the Councilor at the Council meeting are not an admission of liability on the part of the City, and that it is the insurance company that will determine if there is any liability to the City. Encouraged Giles to work with the insurance company. APPROVAL OF AGENDA Mayor Haugen added items 11 B, Report on SCALE and the Social Host Ordinance; and 10B, Discussion on Licensure and Background Checks for Massage Therapists. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE JULY 20, 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 a Body Art License for Danya Redlegs. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS PRESENTED. 2 City Council Meeting Minutes August3,2009 DRAFT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Prior Lake Cable Channel 15 Programming and Bulletin Update. Communications Coordinator Peterson provided an update on activities with the PL TV 15 television sta- tion. Described equipment, broadcasts and other programming, and the conversion of recordings into on- line webstreaming. Stated that the PL TV 15 schedule is now online with a program search function. Spoke of future initiatives. Comments: Millar: Commented that the City has come a long way in its processes of getting information out to resi- dents. Peterson: Added that the electronic mailing list of people who have signed up to receive information di- rectly is constantly growing. Hedberg: Commented that the addition of streaming video allows residents who do not have cable TV to get information. Asked if there are plans to have bookmarking capabilities on the streaming video. Peterson: Replied that function seems to be too expensive at the moment, but there are some options that will be available soon at a reasonable cost. LeMair: Concurred with previous comments. Erickson: Asked the status of the PL TV channel number change. Peterson: Replied that Mediacom has assured him there is no plan to change Prior Lake's channel num- ber. Erickson: Encouraged people to sign up for the electronic mailing list so they can receive any emergency information immediately. Haugen: Believes that Mediacom is broadcasting the City's cable channel on both 15 and 82. Asked how many people have signed up for electronic mailings. Peterson: Around 1200. Haugen: Suggested adding the school district emails. Peterson: Replied that many of the school district emails are on the list and believes emergency informa- tion would be forwarded through them. MOTION MADE BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE REPORT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Lakefront Days. Communication Coordinator Peterson presented a video of Lakefront Days activities. Comments: LeMair: Commented it was an awesome week of Lakefront Days. The crowds were great and the City staff and Chamber did a tremendous job of putting in on. Erickson: Thanked the Chamber for hosting Lakefront Days noting that Executive Director Fleck would have liked to have been here to make the presentation, but could not. Millar: Agreed it is a Chamber event, but complimented City staff who worked to put it together. Hedberg: Stated it's a great show that has been running for a generation and every year seems to be bet- ter than the one before. Thanked the Chamber and City staff. Haugen: Stated that this City festival is what home town values are all about. 3 City Council Meeting Minutes August 3, 2009 DRAFT PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Recommendation by the Planning Commission Related to a Habitat for Hu. manity Proposal. Community Development and Natural Resources Director Parr provided a background for Habitat for Humanity's proposal to place a residential home at 3631170th Street. The Planning Commission reviewed the proposal and believes it is consistent with the 2030 Comprehensive Plan in providing affordable, high quality housing and recommended that the City receive some compensation for the parcel. Depicted the most recent plan for exterior remodeling of the house that Habitat wants to relocate to the site. Stated that Habitat has offered $22,000 for the lot, with $7,500 of that coming from the Scott County Community De- velopment Agency (CDA). Comments: Millar: Clarified the $22,000 compensation and the $58,000 lot value. Recognized that the value was placed upon the parcel before the current economic circumstances and valuation reductions. Believes it to be a win for the City and Habitat for Humanity as well as the people who are donating the house. Supports alternative #1 as outlined in the agenda report. Erickson: Supports receiving the compensation. Asked if Habitat for Humanity wanted to re-use this house or if that option was encouraged by the City. Parr: Replied it has always been Habitat for Humanity's option. The City has talked about compensation and design, but not whether a house should be new construction or are-use. Erickson: Commented that one of the concepts of Habitat for Humanity is to have sweat equity from the new owner and asked how that can be accomplished with the re-use of a home. Mike Nelson, Habitat for Humanity, stated they are excited about the opportunity to do this house move describing it as a "green" house that was built about 20 years ahead of its time. Stated there will be oppor- tunity for sweat equity and community involvement. A Web page will be created to interact with people who want to donate money, in-kind services, or volunteer. The project will begin this fall and will include new siding, a new roof, construction of a two-stall garage, landscaping and interior remodeling. Erickson: Asked about the process for selecting the family that will get the home. Nelson: Replied that Habitat for Humanity will provide the mortgage and manage the selection process. Housing advocates will be notified and applications solicited, a volunteer committee will evaluate the fam- ily's income qualifications and a background check will be conducted. LeMair: Supports the project and looks forward to re-use of a house. Agreed with compensation for the lot from Habitat for Humanity and the Scott County Community Development Agency. Believes this is good use of the lot, the City is getting a fair price and the highest attainable value for the property in the current economic climate, and further stated that the property will generate some tax revenue for the community. Hedberg: Favors the project. Commented that contributions have already been made with the donation of the house and money from Habitat for Humanity and Scott County CDA. Noted that the money will go back to the Street Oversize Fund rather than funding current budget issues. Haugen: Stated that the project responds to the housing quality and diversity objective in the 2030 Vision and Strategic Plan. Appreciates the funding from Scott County CDA and Habitat for Humanity. Thanked Nelson for his efforts. Nelson: Thanked the Council for its support of the project. Clarified that the funding that will be used to pay for the property is through the MN Housing Finance Agency and the Scott County CDA is helping Habi- 4 City Council Meeting Minutes August 3, 2009 DRAFT tat for Humanity with that funding. Citizens of Prior Lake will be asked to help with the landscaping, siding, roofing and labor. Haugen: Reiterated that future donations to this project will not be used for purchase of the land, but ra- ther for improvements to the property. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO CREATE A DEVELOPMENT CONTRACT BETWEEN THE CITY AND HABITAT FOR HUMANITY TO INCLUDE $22,000 IN COMPENSATION FOR THE PROPERTY TO BE BROUGHT BACK TO THE CITY COUNCIL AT A LATER DATE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Ordinance 109.xx Adding Section 609, Property Maintenance Ordinance. Building and Transit Services Director Kansier described the revisions made to the proposed property maintenance ordinance in response to direction received from the Council at its last meeting. Stated that she researched other communities to learn how they define timelines for completion of a project, and dis- covered that the State Supreme Court determined that city ordinance may not supersede the State Building Code; therefore, that reference was removed from the proposed ordinance. Stated she perceives no need for additional staff to enforce this ordinance, but there may be potential increased costs if legal support is sought for a violator who does not comply with the ordinance. Comments: Hedberg: Believes the City should not insert itself too much into people's lives and the peaceful enjoyment of their property. Some of the provisions in the proposed ordinance are good, but disagrees with some of the parameters in section 609.300 and outdoor storage. Commented that four vehicles may not be the appropriate limitation on the number of vehicles allowed to be parked outside. Supports going forward with the ordinance. LeMair: Concurred with Hedberg's comments. Asked if vehicles include licensed boats, jet-skis, etc. Kansier: Replied that it would include vehicles along the driveway and beside the house. Most lakeshore lots store such things on the shore in the summer. If such things were pulled alongside the house in the winter, they would be included in the number of vehicles counted toward this limitation. leMair: Suggested the number of allowed vehicles should be related to the licensed drivers noting that many households have more than four drivers. Does not support limiting the number of vehicles to four. Stated that even though there is an un-sided house in his neighborhood that he considers blight; he would not care to have someone tell him he has to paint his house. Does not support. Erickson: Asked if uncompleted construction is covered by the MN Building Code. Kansier: Affirmed. Stated the building permit for the afore-mentioned house has been revoked, but no determination has been made of what to do with the unfinished house. Erickson: Asked how the ordinance could address such a problem if the MN Building Code allows revoca- tion of the permit, but no way of handling the problem beyond that. Kansier: Replied that the proposed ordinance would not give the City authority to do the work, but the City would be able to issue citations and fines and provide something in writing for the builder to comply with. Erickson: Commented on the vehicle limitation stating that any vehicles within the garage do not count toward that number and he supports the limitation of four vehicles outside. Millar: Questioned some of the criteria for exterior care when it may be in the eye of the beholder whether it needs to be done. Questioned the number of allowable vehicles parked in the driveway and asked if a crushed rock driveway is acceptable. 5 City Council Meeting Minutes August 3, 2009 DRAFT Kansier: Replied there are some gravel driveways and the City would not force anyone to pave their dri- veway, but vehicles would have to park on the driveway, not on the grass. Recreational vehicles count to- ward four outdoor vehicles, but can be parked alongside the house. Millar: Commented that the problem arises when cars are seldom moved from the driveway. Generally favors the limitation to four vehicles as more would usually be due to storage of cars. Will support. Haugen: Agreed the City should not be controlling lives, but there is responsibility when living in a com- munity and one's lifestyle should not negatively impact his or her neighbor's life. Noted that the proposed vehicle limitation is a complaint-based ordinance and there would have to be some degree of evidence that the vehicles were there for more than 48 hours. Kansier: Agreed, adding that most ordinances are complaint driven. Haugen: Clarified that if cars are being moved, it is not a violation of this ordinance. Kansier: Affirmed. Haugen: Commented on judgments about complete siding, loose paint, etc. stating he is not certain a completely defined ordinance can be crafted, but modifications could be made over time. Believes that complaints are often driven by conflict between neighbors. Will support. Hedberg: Understands the intent of the proposed ordinance is to focus on unsightliness and aesthetics, but that is in the eye of the beholder. If the ordinance would focus on structurally sound and sanitary condi- tions so as not to pose a threat to the public health, safety or welfare of other property owners it is a legiti- mate public purpose. Does not want the City to be involved in what looks good or what doesn't. Could support the ordinance if language focuses on safety and welfare. Haugen: Concurred. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO REVISE SECTION 609.300 TO FOCUS ON STRUCTURALLY SOUND AND SANITARY CONDITIONS SO AS NOT TO POSE A THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE OF OTHER PROPERTY OWNERS AND REMOVING LANGUAGE RELATING TO UNSIGHTLINESS OR APPEARANCE, AND BRING THE FINAL DRAFT BACK TO THE COUNCIL FOR APPROVAL. Erickson: Clarified that the motion is not to adopt the ordinance, but to bring back a revised ordinance that includes the aforementioned items. Hedberg: Affirmed. Millar: Affirmed. LeMair: Believes the City may not have the means to enforce the ordinance. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Providing for the Issuance and Sale of $1,295,000 General Obli- gation Improvement Refunding Bonds, Series 200gB. Finance Director Erickson advised the Council that the refunding bonds were sold on Thursday, July 30, 2009 and a savings realized of $36,257. Reduced the size of the bond issue to $1,260,000. Comments: Erickson: Will support. LeMair: Will support. Hedberg: Will support. Millar: Will support. Haugen: Commented about dialogue with Moody's regarding advancing the City's bond rating to Aa2. 6 City Council Meeting Minutes August 3, 2009 DRAFT MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09.103 PROVIDING FOR THE ISSUANCE AND SALE OF $1,260,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009B AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Authorizing the Purchase of a 2009 Ford Focus and the Trade.in of a 1996 Jeep Cherokee Building Inspection Vehicle (#1096). Public Works Director Albrecht explained the CARS program and the City's need for a building inspec- tion vehicle. Described bids and cost analysis. Recommended the low bid from Wolf Motors adding that the purchase would not be completed until Wolf Motors receives the government voucher. If the rebate is not received, staff recommends continued use of the existing vehicle. Comments: LeMair: Stated he is happy the City will buy an American-made car from a local dealer. Added that this is an excellent vehicle. Erickson: Added that the CARS program has spurred a lot of interest asking if further tax benefits can be received by the City. Albrecht: Replied that the Finance Department will examine how any rebates affect the City. Millar: Will support. Hedberg: Will support. Haugen: Will support. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.104 AUTHORIZING THE PURCHASE OF A 2009 FORD FOCUS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Licensure and Background Checks for Massage Therapists MOTION BY LEMAIR, SECONDED BY ERICKSON TO DIRECT STAFF TO REVIEW THE MASSAGE THERAPY LICENSE ORDINANCE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events LeMair: Reminded viewers that tomorrow night is National Night Out. Social Host Ordinance Haugen: Recalled that a proposed social host ordinance was brought to the City for consideration about a year and a half ago; the Council sent it to the Community Safety Task Force for review and the ordinance was subsequently passed by the Council. Since then Scott County, Savage, Jordan, New Prague and Shakopee have also adopted such an ordinance. Executive Session The City Council adjourned to executive session at 8:05 p.m. The meeting reconvened at 8:25 p.m. and Mayor Haugen announced that the Council discussed labor negotiations involving the Police Sergeant's bargaining unit. 7 City Council Meeting Minutes August 3, 2009 DRAFT ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and sec- onded by Millar. With all in favor, the meeting adjourned at 8:26 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8