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HomeMy WebLinkAbout04 - Draft August 17 Meeting Minutes City Council Meeting Minutes August 17, 2009 DRAFT 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, Finance Director Erickson, Building and Transportation Services Director Kansier, Code Enforcement Officer Corrow, Fire Chief Hartman, Commu- nity Development and Natural Resources Director Parr, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. 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: Rich Henkemeyer, 16686 Creekside Circle SE, explained that his business, Safe Transport, provides safe transportation to and from the bar and restaurant facilities in the area so patrons do not have to drive when they have consumed alcohol. Stated he has tried to spread word of his business, but believes local establishments have not supported his venture. Asked the Council's assistance in being able to place sandwich boards that display the schedule of his routes in front of bar and restaurant facilities. Would drop the signs off at beginning of each evening and remove them afterwards. Comments: Erickson: Asked about the parameters of Safe Transport's route. Henkemeyer: Replied he has a route that encompasses 185th to CR 42 to CR 27 and CR 83; and another route that goes to Marshall Road, CR 8, CR 91 to Burnsville Parkway, and McColl/Eagle Creek. Erickson: Stated the sandwich boards would have to follow ordinance and added that this business helps to establish a safe community. LeMair: Concurred that ordinance will dictate what can be done. Noted that if a business agreed to it, the sandwich boards could be placed on private property, subject to any limitations imposed by the sign ordi- nance. Stated he recommends the service. Hedberg: Agreed this business provides a great service, but that sandwich boards would have to comply with ordinances. Millar: Concurred and wished Henkemeyer success with his business. Haugen: Reiterated that sandwich boards are not consistent with ordinance, but in an upcoming work ses- sion on the sign ordinance this discussion can be included. Bill Schoenke, 5688 Maves Trail SE, addressed the Council about the proposed property maintenance ordinance in regards to the number of vehicles in driveways. Stated he would like to be able to park six vehicles to accommodate the drivers in his household. Believes that a few people in the City have a "junk www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes August 17, 2009 DRAFT yard" and the proposed ordinance would penalize all citizens for the egregiousness of a few. Recom- mended the Council vote against adopting the ordinance. Comments: Haugen: Asked Schoenke if he has a garage. Schoenke: Affirmed that he does and uses it to store one car and other items. APPROVAL OF AGENDA City Manager Boyles requested that item 5L, Consider Approval of a Resolution Considering a Request to Amend the CJF Holdings LLC Development Contract City Project # EP06-191, be removed from the agen- da. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE AUGUST 3, 2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 09.105 Authorizing a Special Hunt. G. Consider Approval of Resolution 09.106 Authorizing Safe and Sober Communities Funding for the Period October 1, 2009 to September 30, 2010. H. Consider Approval of Resolution 09.107 Ordering Preparation of a Feasibility Report for the County Road 12, Phase III, Reconstruction Improvement Project, City Project #10-011. I. Consider Approval of Resolution 09.108 Approving the Community Garden Naming. J. Consider Approval of Temporary On-sale Intoxicating Liquor License for Prior Lake Athletics for Youth (PLAY). K. Consider Approval of a Report Confirming 2010 City Contribution to Prior Lake Fire Relief Associa- tion. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Donations by Prior lake VFW Fire Chief Hartman introduced VFW Commander Dave Roseth and Gary Golay. Informed the Council that the VFW donated a 1,000 watt generator and sundry hardware valued at $1,850. Described past do- 2 City Council Meeting Minutes August 17, 2009 DRAFT nations to the City from the VFW and thanked them for their continued support. Commander Roseth ad- dressed the Council stating the VFW is here to serve and is happy to help the City in any way it can. Mayor Haugen expressed appreciation for all the VFW has done for the past many years stating the or- ganization is the fabric of the community. Hartman added that the VFW has been supportive of the fire de- partment's fundraising activities; one of which is the annual chicken BBQ which will be held on September 13. Recreation Department Summer Program Wrap.up Report. Recreation Coordinator Barstad reviewed programs conducted by the Recreation Department during the summer of 2009. Stated there were more than 1300 program participants, not including Family Beach Day or Lakefront Days. Informed the Council of proposed changes for 2010 programming. Stated that she has spoken with YMCA representatives to assure the City does not overlap or duplicate programs. Talked about the demographics that the City programs appeal to. Stated she plans to reduce Concerts in the Park from 13 to three in 2010 and direct the funds toward Neighborhood Park Nights, which will bring program- ming to twelve different parks in the City. Plans to expand teen events noting that those events are held in conjunction with Community Education and grant monies are being sought to support them. Comments: LeMair: Commended the programming stating that he hears positive comments throughout the community about them. Erickson: Believes it would be unfortunate to cut back on the concerts as many seniors attend them. Commented that there are a lot of programs for younger people, but not as many for seniors. Barstad: Replied that feedback from seniors questioned the value of the concerts considering attendance. Stated she would like to try the adjusted programming for 2010 and would welcome feedback from the community about the concerts. Millar: Complimented the caliber of bands that were scheduled this year. Sorry to hear the concerts are going down to three events, but understands that attendance is not high. Glad that teen nights are being expanded noting that the community has a wonderful athletic program, but this serves kids who have other interests. Happy to hear about partnerships with Community Education and YMCA. Hedberg: Stated he would like to hear more about the different demographics served by YMCA vs. City. Expressed disappointment in the number of concerts being reduced, but welcomes the addition of twelve neighborhood park programs which will get more neighborhoods to do events like they do on National Night Out. Haugen: Asked if sponsorships have been considered for the concerts rather than just reducing the num- ber of concerts offered. Barstad: Replied she has not sought sponsorships, but the idea is on the table. Added she would con- sider continuing the concerts if bands would donate time or sponsorships are received. Haugen: Asked what the cost is per band. Barstad: Replied that it averages $500 per band. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Resolution Approving the Plans and Specifications and Authorizing Adver. tisement for Bids for the CR 21 Watermain Replacement Project. 3 City Council Meeting Minutes August 17, 2009 DRAFT Public Works Director Albrecht explained that plans and specifications are completed and the next step will be to bid the project. Described the areas of work and that multiple bids will be sought for different functions to expedite the project and reduce costs. Comments: Millar: Asked if City streets would be finished before winter. Albrecht: Replied that a short section of Grainwood Circle might be patched for the winter depending on the timing. Goal would be to have the bituminous finished. Hedberg: This is next step in the process. Will support. LeMair: Will support. Erickson: Commented that several alternatives have been considered and this is a good one. Will sup- port. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.109 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CR 21 WATERMAIN PROJECT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Ordinance 109.xx Adding Section 609 to the Prior Lake City Code Entitled Property Maintenance Ordinance. Building and Transportation Services Director Kansier outlined the most recent revisions to the pro- posed property maintenance ordinance. Presented scenarios of vehicle storage on properties explaining how vehicles could be stored to be in compliance with the proposed ordinance. Explained issues of com- plexity of educating residents on the ordinance as well as enforcement and stated that definitions of vehi- cles and recreational equipment have been included to assist those issues. Clarified the recreational equipment parking provisions. Stated that the number of vehicles to be allowed is a policy decision. Comments: LeMair: Clarified that recreational vehicles, such as a boat, cannot be stored on the street overnight. Kansier: Affirmed. LeMair: Stated he is not in favor of creating more ordinances adding that there are many circumstances that are hard to foresee. Stated he does not agree with regulating how citizens park their vehicles. Does not support. Erickson: Asked about the definition of vehicle, i.e. whether a loaded trailer vs. an empty trailer is counted as one vehicle. Kansier: Replied that an empty trailer would be considered one vehicle as would a loaded trailer. Erickson: Recalled that a 48-hour time limit was considered because some citizens have more than four vehicles that are being used. Does not favor eliminating 48 hours from the provision as that would allow for guests or other circumstances where there would be more than four vehicles. Would amend to include a 48-hour time frame. Hedberg: Stated the most controversial clause is the one surrounding the number of vehicles. Believes the general concern is for the City to have the tools to enforce reasonable expectations across the commu- nity vs. the government becoming too involved. This ordinance feels like more than government should be doing. Generally does not favor ordinances that are only enforced by complaint believing it leads to incon- sistencies and inequities. Noted that even if the City wanted to pursue this ordinance more actively, it does not have the resources. Due to the broad principle of intrusion and the lack of resources to enforce, will not support. 4 City Council Meeting Minutes August 17, 2009 DRAFT Millar: Stated he agrees with the idiom that a man's house is his castle, but believes there is a responsibil- ity to neighbors as well. Acknowledged that friction between neighbors might lead to a perception that a neighbor is not being responsible and then guidelines would be needed to allow reconciliation. It is a City's responsibility to seek a healthy and safe environment. Agreed with a 48-hour time frame for more than four vehicles in the driveway and if that is included, will support. Haugen: Stated he has mixed feelings of how much government is appropriate vs. how much should be protected. Sections refer to housing exteriors, fencing and landscaping being free of breaks and holes, but the intent may not be completely clear. The intent regarding a number of vehicles should be to ameliorate a blatant abuse of multiple vehicles that are parked on a semi-permanent basis. Stated there is no problem with a home that has more than four drivers, but rather when vehicles create harm to a neighbor. Supports including a 48-hour timeframe in the ordinance. LeMair: Commented that whenever entertaining, that ordinance would be violated. Pace: Stated that the only way to enforce it is if someone is constantly checking on whether vehicles have been moved. MOTION BY LEMAIR, SECONDED BY HEDBERG TO DENY THE PROPOSED PROPERTY MAINTENANCE ORDINANCE. VOTE: Ayes by Hedberg and LeMair. Opposed by Erickson, Haugen and Millar. The motion failed. MOTION BY HAUGEN, SECONDED BY ERICKSON TO DIRECT STAFF TO REVISE ANY ITEMS IN THE PROPERTY AREA THAT WOULD BE UNENFORCEABLE (609.302, 609.305 AND OTHER SIMILAR), INCORPORATE A 48-HOUR TIME FRAME INTO THE VEHICLE PARKING ORDINANCE AND BRING THE PROPOSED ORDINANCE BACK TO THE COUNCIL FOR CONSIDERATION. VOTE: Ayes by Erickson, Haugen and Millar. Opposed by Hedberg and LeMair. The motion carried. NEW BUSINESS Consider Approval of a Resolution Approving a Combined Preliminary and Final Plat and Develop. ment Contract to be Known as Crossroads. Community Development/Natural Resources Director Parr displayed the proposed 4.19 net acre site plan which includes 45,000 square feed of commercial space. Described buildings to be demolished. Public Works Director Albrecht explained storm sewer over sizing, Timothy Avenue sewer and water disconnection and deferment of assessment fees. Timeframe for moving forward with the project, if ap- proved, is immediate. Developer will build out the entire site at one time. Comments: Hedberg: Asked if any neighborhood people have provided feedback on this plan. Parr: Replied she has received telephone calls about the site plan, timing of construction, landscaping, hours of work for construction, etc. Hedberg: Asked what has changed from the original plan for buffering. Parr: Described plantings, board fence and rain gardens along Timothy Avenue, explaining that few things have changed since the Planning Commission approved it. Hedberg: Asked if the Planning Commission's condition of a board-on-board fence along Timothy Avenue was still in place. Parr: Replied that when the developer requested the Conditional Use Permit to be abandoned, those con- ditions were removed. Hedberg: Asked about the purpose of the building exits on the west side since there is no parking on that side. 5 City Council Meeting Minutes August 17, 2009 DRAFT Parr: Replied there are ten exits on the west side intended for emergency exit and access. There is no parking or access off Timothy except for emergency. Hedberg: Asked if there is any provision to ensure that. Parr: Replied there is nothing in the plat that allows the City to put that condition on it as there would be with a Conditional Use Permit. Hedberg: Believes this is a preferable development in terms of impact on the neighborhood because it is a single building and the western side will not have traffic behind it for deliveries, etc. Operations that use the building will likely not have late hours. The building will not abut the properties to the east so should not have much intrusion on the enjoyment of their properties. Will support. Millar: Asked about fencing on the east side. Parr: Replied that it will be a six-foot, board-on-board fence. Millar: Asked if the lighting will be on 24-hours. Parr: Replied they have not talked about how long the lights will be on, but the lighting will not exceed the candle-foot limitations. Explained the kind of lighting to be used. Millar: Agreed this will be a good development for this neighborhood. Will support. Erickson: Stated this development will be a good fit for the neighborhood. Thanked the neighborhood and developer for patience in working this out. LeMair: Stated that many positive things will result with development of this property, and it is a nice de- velopment that will create good tax revenue for the community. Noted that EFH is exceeding requirements for trees, fences and landscaping. Will support. Haugen: Will support. Expressed appreciation that the development can move forward. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09.110 APPROVING THE PRELIMINARY AND FINAL PLAT OF "CROSSROADS" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Request from Mediacom LLC to Stay the City Council's June 15, 2009, Ac. tion to Award a Cable Television Franchise to Integra Telecom. City Manager Boyles explained that Mediacom has requested that the City stay its decision to enter into a cable franchise agreement with Integra Telecom. Proposed the City deny the stay because the franchise agreement with Integra is fully executed and does not provide for the agreement to be terminated due to a stay; and that Mediacom has failed to carry the burden of proof to make such a request. Although this agenda item is not a public hearing Boyles recommended that Mediacom and Integra each be given five minutes to state their case publically to the Council. Introduced Counsel John Baker, of Greene Espel, At- torneys and Counselors, who is providing litigation counsel for the City for this case. Comments: Jane Bremer, Mediacom counsel, stated that Mediacom has already submitted its legal analysis to the City for the Council's consideration. Stated that this situation is not about competition as Mediacom cur- rently competes with Integra, Quest and Direct TV in the City; but rather it is about whether the City com- plied with the law. Added that the issue is the risk to City taxpayers and believes denying the Stay presents the greatest risk to taxpayers as the City has also executed a contract with Mediacom; and regardless of the outcome, someone's contract would be breached. Stated there is no basis for Integra to sue, and there is no showing that the City will suffer a loss during the appeal if the Stay is not granted whereas Mediacom would suffer a loss if Integra proceeds. 6 City Council Meeting Minutes August 17, 2009 DRAFT Brian Grogan, Integra counsel, concurs with staff that a contract in the form of a Franchise Agreement exists between Integra and the City and cannot be terminated without cause. Questioned Mediacom's application of the Administrative Procedures Act in this case - it is a balancing of the harms. Mediacom has not established that it has faced irreparable harm. Taxpayers will face no harm or damage with the agreement as there will be no disruption to the City right-of-way. Stated that Integra would receive sub- stantial harm if a Stay is issued as substantial resources have been invested in the process, program agreements, facilities, etc. Stay would have same impact as denying access to the business. A delay in allowing Integra into the competition would allow Mediacom to establish long-term contracts and prevent Integra from competing in the marketplace. Neither the City nor Mediacom will incur capital expenses. Since Integra is the only entity expending capital, Integra is the one that stands to suffer harm. Comments: Hedberg: Stated his concerns have been that Prior Lake residents should have choices for subscribing to what is commonly referred to as a triple-play bundle of services. Choice is available to residents who are served by Mediacom and Quest, the remaining residents do not have a choice. Believes it is in the best interest of residents to have this choice. Believes that technology will further evolve and wants to ensure choices. Does not believe the City has violated the law. Does not believe Mediacom has demonstrated its case and its current business will not be harmed. The residents of Prior Lake will not be harmed. Stated there is a contract in place with Integra and it includes an indemnification clause to prevent the City and its citizens from harm. Will deny the Stay. LeMair: Concurred with Councilor Hedberg's comments. Believes there should be additional competition in this market area in the City. Will deny the Stay. Erickson: Asked Counselor Baker for his opinion of risks to taxpayers. Baker: Replied that Mediacom offered that the standard for determining whether to grant a Stay should turn on the risk to the taxpayers, but he is not aware of any court ruling that would make that the standard. In determining where the risk lies, the Council should ask what risk causes irreparable damage to either party. Cannot see that Mediacom will suffer irreparable harm. Integra believes the harm would to be to put on hold the rights they received under the franchise agreement. Taxpayers are potential customers of the environment that would exist if Integra builds out the system so the benefit of that system vs. not having that system might represent some kind of exposure to risk. Stated it is difficult to see the risk to the tax- payers as alleged by Mediacom. Erickson: Will not grant a Stay. Millar: Believes that Prior Lake should have a choice for bundled packaging. Does not believe that the City runs a risk with Mediacom, but there could be a risk if the City does not honor the contract. Baker: Confirmed that termination provisions in the contract do not include the scenario of granting a Stay. Millar: There is an indemnification clause in the agreement to protect the City against lawsuit losses. Be- lieves it is a competitive issue and Integra should have the chance to offer triple-play services. Will deny the Stay. Haugen: Statements have focused on who might have the potential to be harmed. Stated the City signed a contract with Integra and they are acting in reliance on what was signed. Believes the best position is to move forward and not grant a Stay. MOTION BY HEDBERG, SECONDED BY LEMAIR TO DENY MEDIACOM'S REQUEST FOR STAY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER 7 City Council Meeting Minutes August 17, 2009 DRAFT Community Events Hedberg: The Fire Department's annual chicken BBQ will be held at the VFW on September 13. Erickson: Congratulated the SMSC on their successful Wacipi last weekend. Haugen: Commented on the grand opening of the Minnesota Tribal Nation Plaza at the University of Min- nesota. LeMair: Commented on the open house at the home of Jerry Mahoney and the mural in his garage of old downtown Prior Lake. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Millar. With all in favor, the meeting adjourned at 8:15 p.m. FrankBoyles, City Manager Charlotte Green, Administrative Asst. 8