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HomeMy WebLinkAbout04 - Draft October 5, 2009 Meeting Minutes /o~ PR~ I ).. iii ('\ [... ~ u ~ \'-'; ~ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes October 5, 2009 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER The meeting was called to order at 5:30 pm. Present were Mayor Haugen, Councilors Erickson, Hedberg and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Finance Director Erickson, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. Councilor LeMair was absent. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Items to be considered on the agenda may be addressed at the Public Forum unless they have been or will be the subject of a public hearing or public information hearing at the City Council, the Eco- nomic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee within the foreseeable future. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. Matters that are the subject of pending litigation are not appropriate for the Public Forum. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the Public Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MILLAR SECONDED BY HEDBERG TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE SEPTEMBER 21,2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg 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 Massage Therapy License for Susan Sjoquist. C. Consider Approval of Resolution 09.134 Approving Amendment NO.4 to the Development Contract for Stemmer Ridge. D. Consider Approval of Resolution 09.135 Authorizing Expenditures for Materials for Spring Lake Township Park Improvements. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes October 5, 2009 DRAFT E. Consider Approval of Resolution 09.136 to Include the Mayor and City Council Members as Employ- ees by the Minnesota Workers' Compensation Law. F. Consider Approval of Resolution 09.137 Ordering the Building Located at 2826 Bobcat Trail NW be Secured. Councilor Hedberg requested removal of item SF, Consider Approval of Resolution 09.137 Ordering the Building Located at 2826 Bobcat Trail NW be Secured, from the Consent Agenda. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried. Hedberg: Commented that this situation is the first time the City is using a recently enacted ordinance that requires a home to be secured and made safe. This situation is unfinished construction. Expressed sym- pathy for the developer who may be experiencing financial difficulties, but stated the neighborhood needs to be made safe. Erickson: Added that the Community Safety Task Force initiated the ordinance indicating that unsecured buildings provide a location for unwanted activities. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09.137 ORDERING THE BUILDING LOCATED AT 2826 BOBCAT TRAIL NW BE SECURED. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried. PRESENTATION No presentation was scheduled. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of a Report Regarding a Draft Private Street Policy for Inclusion in the City's Street Maintenance Policy. Public Works Director Albrecht summarized the proposed Private Street Maintenance Policy. If the City Council agrees with the provisions in the Policy, Mr. Albrecht indicated he intended to bring it back to the City Council in the form of an ordinance. Described the streets identified as private and the criteria used to determine that they are private. Indicated that City maintenance of private streets will be minimal and will only involve repair and maintenance of any damage due to City maintenance of utilities. Snow removal or ice control will only be for access in an emergency situation. The policy will include a process and require- ments for the transfer and/or designation of a private street to/as a public street. Comments: Erickson: Suggested there be discussion about whether private streets should be allowed in future devel- opments. Believes it is a disadvantage to citizens to have a private street and have to pay for the amenities 2 City Council Meeting Minutes October 5, 2009 DRAFT such as plowing. Private streets cause future Councils to have to consider whether they should be turned over to the City. Hedberg: Stated the proposed policy is appropriate but only the first step in planning for land use and zon- ing ordinance. Millar: Commented that this clarifies street maintenance policy and makes it more uniform. Albrecht continued his report commenting that private streets were identified and staff reviewed all plats and legal documents that pertained to those streets to assure a consistent, objective application of the cri- teria that were used to evaluate them. This situation was brought to the attention of the City by a resident who lives on Sycamore Trail. The last 800 feet of Sycamore Trail has never been on record as a public street, although the City has periodically plowed and maintained the roadway to assure access to a City lift station, In 1983 the Council vacated a portion of the street that was platted. A decision should be made about whether Sycamore Trail will be considered private or public so the City Staff can treat it accordingly. Mr. Albrecht noted that the need to plow or maintain a roadway to assure access to a lift station is not a valid reason to convert an otherwise private street to a public street. Stated that if the Council makes a determination that the last 800 feet of Sycamore Trail should be designated a public street there would be no noticeable difference to the residents from how the street is being treated at this time. Plowing and maintenance would continue. Indicated he did not anticipate there would be any special assessment and until reconstruction of the roadway or utilities occurs in approximately 15 years. Comments: Hedberg: Clarified that Sycamore Trail has always been treated as a public street; specifically in 1983 when residents requested the City to vacate a portion of the street. That action plus continued actions for maintenance support that this is a public street. Albrecht: Stated that it was originally platted in the 1920s as a private street along with many other streets; but approximately 50 percent of streets were originally improved on a private basis so that does not preclude it from being public or private. Hedberg: This fits the category of it being recognized as a public street. Albrecht: Agreed there is a significant difference in Sycamore from the other private streets in both right of way and in the maintenance performed by the City over time. Hedberg: Reiterated that based on condition of the last 800 feet that was not improved in the 1980s and based on the City's normal maintenance programs, the City does not believe this street would be eligible for reconstruction for 15 years or so. Albrecht: Concurred. Commented that it would probably be overlaid at some point before then, but full reconstruction would not need to be done before 15 years. Hedberg: Clarified that no assessment is made for overlays, but there would be for full reconstruction. Albrecht: Affirmed. Hedberg: Will support directing staff to prepare a resolution making this a public street. Millar: Concurred with Hedberg comments. Based on the vacation in 1983, rededication of a portion of the street for the public and past maintenance of street. Will support making it public. Erickson: Reiterated that past Councils have set precedence by treating it as a public street. Noted his decision is not in reaction to a petition, but rather to support the due diligence done by staff that determines this should be a public street. Albrecht: Agreed the City needed a policy and ordinance for street maintenance and a determination of the criteria to decide whether a street should be public or private. Erickson: Noted the private streets should be listed and an indication made of which roadways the City considers driveways and the maintenance accorded to each. 3 City Council Meeting Minutes October 5, 2009 DRAFT Haugen: Stated the criteria is clear, Sycamore Trail is outside the criteria for private streets and the pro- posed policy creates understanding for residents along Sycamore Trail regarding costs for future recon- structions. Will support. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO PREPARE A RESOLUTION ACKNOWLEDGING THE REMAINING 800 FEET OF SYCAMORE TRAIL AS PUBLIC AND PLACE IT IN THE STREET MAINTENANCE PROGRAM. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO PREPARE ORDINANCE TO INCLUDE TERMS FOR PRIVATE STREET MAINTENANCE POLICY, ALONG WITH OTHER ISSUES RELATED TO PRIVATE STREETS THAT THEY MAY UNCOVER IN THEIR WORK. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. The motion carried. OTHER Community Events Haugen: Commented that defective carpet is being replaced in City Hall, adding that the replacement will present no cost to the City taxpayers. 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 6:26 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 4