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HomeMy WebLinkAboutDraft April 5, 2010 Meeting Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes April 5, 2010 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER The meeting was called to order at 7:00 pm. Present were Mayor Myser, Council members Erickson, Hed- berg, Keeney and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Finance Director Erickson, Community Development and Natural Resources Director Parr, Build- ing and Transit Services Director Kansier, Fire Chief Hartman and Administrative Assistant Green. 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 Econom- ic 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 plat- form 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 ERICKSON TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE THE MINUTES OF THE MARCH 15, 2010, MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Keeney and Millar. Councilor Hedberg abstained due to his absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 10.124 Authorizing Full and Final Payment to Scott County for the South bridge Crossing Transit Station Construction Project. C. Consider Approval of Resolution 10.129 Accepting SWMO Grant to Fund Iron Enhanced Pond Sand Filter. D. Consider Approval of Resolution 10.125 Authorizing Execution of a Grant Agreement with Scott County for Spring Clean Up Day. www.cityofpriorlake.com 1 Phone 952.447.9800 I Fax 952.447.4245 City Council Meeting Minutes April 5, 2010 DRAFT E. Consider Approval of Resolution 10-126 Authorizing the Mayor and City Manager to Renew a Lease Agreement with Shepherd of the Lake Church for the use of a Portion of the Safe Haven Parking Lot as the Laker Lines / BlueXpress Park and Ride. F. Consider Approval of a Temporary On-Sale Liquor License for the Church of St. Michael Aprilfest. G. Consider Approval of a Taxicab License for Hasan Abdi Ibrahim. H. Consider Approval of a Cigarette License for Saga Hill Wine & Spirits Inc, dba MGM Wine and Spirits. I. Consider Approval of Resolution 10-127 Declaring the Official Intent of the City of Prior Lake to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City. J. Consider Approval of Resolution 10-128 Approving an Administrative Complaint Policy. Councilor Erickson requested that item 5G, Consider Approval of a Taxicab License for Hasan Abdi Ibra- him, be removed from the Consent Agenda. Councilor Hedberg requested that item 5C, Consider Approval of Resolution 10-129 Accepting SWMO Grant to Fund Iron Enhanced Pond Sand Filter, be removed from the Consent Agenda. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Erickson: commented that he favors a taxi business being available in the City and hopes services can be expanded in the future. Hedberg: commented that receipt of the grant funding is a success for innovative means of treating water in stormwater ponds that should ultimately reduce the ill effects of pollution in the groundwater as well as lower costs for pond maintenance in the future. Complimented the staff who initiated the process and sought grant funds. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE A TAXICAB LICENSE FOR HASAN ABDIIBRAHIM AND RESOLUTION 10-129 ACCEPTING SWMO GRANT TO FUND IRON ENHANCED POND SAND FILTER. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. PRESENTATION Your Boat Club Community Development and Natural Resources Director Parr introduced Michael Jellish, part owner of Your Boat Club (10 South Fifth Street, #108, Minneapolis). Jellish addressed the Council to describe this business which provides boats for rent. Stated they have locations in several cities and will now open one on Prior Lake near Boudins. Encouraged members of the community who would like to use the lake, but do not own a boat, to join the club, Comments: Millar: Asked if Your Boat Club will require boat use training for people and information about the lake such as wake zones. Jellish: Affirmed, stating that members have to pass a background check to qualify for insurance to use the boats and a two hour orientation is provided to cover basic safety features and to go out on the lake to show them lake etiquette. Stated he has spoken with the DNR to learn about the lake. Commented that 2 City Council Meeting Minutes April 5, 2010 DRAFT many people who use the Club have owned boats in the past or have been with other boaters. Most are not amateur boaters. Millar: Asked how many locations Your Boat Club owns. Jellish: Replied they have a Club on Gull Lake at Brainerd; a Ramsey site where members can pick up and drop off boats; and, they are working to gain a location in Leech Lake and on the St. Croix River. Millar: Asked if the Prior Lake site will have boats in the water. Jellish: Affirmed. Millar: Queried how many members the Club expects to have. Jellish: Replied they anticipate between 100 and 150 members, Millar: Asked about how to join and fees. Jellish: Invited everyone to check out their Website. Stated that fees range from $2,000 to $5,000 de- pending on the kind of membership wanted. Stated the Club wants to be affordable for those who have less to spend; and also wants to offer something for more experienced boaters who may want a bigger boat or to go to different locations. Millar: Invited Jellish to make a presentation to the Lakes Advisory Committee. Hedberg: Commented that it is important to make the lake available to as many residents as possible. Welcomed them and wished them good luck in this venture. Erickson: Believes the biggest benefit of the Club will be to residents who don't live on the lake stating that the Marina has a several-year waiting list which reflects that people want access to the lake. Asked about the size of boats available and hours of use. Jellish: Explained the tiers of membership and the system used to make reservations. Keeney: Asked about the number of boats the Club will have in the Prior Lake location. Jellish: Replied that around 20 boats are planned with some of them in the water ready to go and others on trailers ready to launch. Keeney: Invited Jellish to advise members of the city-provided boat slips at city parks so users can stop at parks and enjoy them also. Clarified that some of the slips are available by rental and others on a first- come, first serve basis, Myser: Commented that this is a creative, interesting business model adding that he likes the focus on boating safety. PUBLIC HEARING Public Hearing to Consider Approval of the Issuance of an On-Sale Liquor License for Jazz Compa- ny Cafe. Mayor Myser recused himself from the public hearing and discussion on the license application, turning the conduct of the hearing over to Acting Mayor Millar. City Manager Boyles explained that the purpose of the hearing is to receive comments from the public in compliance with City ordinance and State Statute. Explained the pro rata licensure fees and that any li- cense renewal would occur effective July 1 when all City-granted liquor licenses renew. Described the Jazz Co. Cafe's previous request for a beer and wine license and that as condition to that license the City Council directed the Jazz Cafe to construct a wall separating its business from the Premiere Dance busi- ness conducted in the same building. Commented that the applicant and the owner of the building have had disagreement over various issues, but the Council's action should be based on the criteria in the ordin- ance, the investigation of the applicant and other matters it considers related to public safety, health and welfare. 3 City Council Meeting Minutes April 5, 2010 DRAFT Comments: Erickson: Sought clarification of whether a patron of the cafe would have to walk through dance studio areas to get to the restroom. MOTION BY HEDBERG, SECONDED BY ERICKSON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing opened at 7:35 p.m. Comments: Camille Myser, Jazz Co. Cafe, 4616 Colorado Street, commented that having a beer and wine license has contributed to having a successful business. Stated that hours of operation will not change from closing at 9-10 p.m. during the week, 11 p.m. on Friday and Saturday, and closed on Sunday. Employees go through training to know duties in regards to serving liquor. Believes they can better serve their current clientele with expanded license. John Joseph, 15701 Chalet Court, stated he represents the music of the cafe and that they hope to pro- mote a place where the food and atmosphere is good. Compared the cafe with other family-style restau- rants that have a full bar such as Applebee's or Olive Garden. Susan Hadley, 15297 Edgewater Circle, stated she has been enjoying Jazz Co Cafe since it opened. Listed other restaurants in Prior Lake, commenting that they have a different ambience from Jazz Co Cafe and stated she believes there is a segment of the population in Prior Lake that will enjoy the Cafe. MOTION BY ERICKSON, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing closed at 7:50 p.m. Comments: Hedberg: Referred back to the Council's first deliberation about a beer and wine license for the cafe and the concerns expressed about exposing the children of the dance studio to a restaurant that served liquor leading to establishing a condition of licensure to construct a barrier between the businesses. Expressed pleasure about the comments from the applicant and musician regarding the atmosphere they want to es- tablish. Believes it would be inappropriate for this establishment to be a bar as that would heighten con- cerns about public safety with the dance studio, but this application makes sense. Noted that the applica- tion is only for consumption inside the premises, not outside. Believes signage regarding not taking liquor outside of the premise should be posted inside the Jazz Co Cafe rather than in the common areas that lead to the restaurant. Erickson: Concurred with Hedberg's comments adding that he was pleasantly surprised by the atmos- phere and how the wall enhances that. Keeney: Commented on the concept of responsible enjoyment of liquor stating this would be an example of that; and in that sense, this contributes to the community in a way that is positive. Believes whenever there is a building with multiple uses and only part of it is licensed for liquor, there should be signage to in- dicate that liquor should not leave the licensed area. Questioned whether a request would be forthcoming for outdoor service. Boyles: Replied inquiries have been made about an outdoor premise liquor license and what the require- ments would be. Stated that staff is gathering information about such licensure, but this application does not include any commitments to outdoor service. Millar: Commented that it is clear the applicant's intent is its focus on ambience and quality food. This is a nice addition to the community. Agreed signage for no alcohol outside of premise should be posted within the premise. 4 City Council Meeting Minutes April 5, 2010 DRAFT MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT SUPPORTING AN ON-SAL.E LIQUOR LICENSE FOR JAZZ CO. CAFE, WITH THE CONDITION THAT SIGNAGE INDICATING NO ALCOHOL IS TO BE REMOVED FROM THE PREMISE AND THAT SIGNAGE MUST BE POSTED ON THE DOOR THAT CONNECTS TO THE COMMON AREA, AND BRING IT TO THE COUNCIL ON THE APRIL 19 CONSENT AGENDA. VOTE: Ayes by Erickson, Hedberg, Keeney and Millar. The motion carried. RECESS A recess was called at 8:05 p.m. RECONVENE Mayor Myser reconvened the meeting at 8:10 P.M. Public Hearing to Consider Approval of the Issuance of an Off-Sale Liquor License for Saga Hill Wine & Spirits dba MGM Wine and Spirits. City Manager Boyles explained the purpose of the hearing is to receive comments from the public in com- pliance with City ordinance and State Statute. Explained that MGM wants to transfer its license to Saga Hill Wine & Spirits, Inc. Comments: Myser: Asked if MGM has a usual process of opening a corporate store and then selling to a franchisee. Boyles: Replied that is not uncommon. Myser: Asked Police Chief O'Rourke to describe what is included in a typical background check. O'Rourke: Listed the organizations that are contacted for information about the applicant and the criteria checked against such as prior violations or convictions. Tax records are checked for status of payment. MOTION BY ERICKSON, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing opened at 8:18 p.m, Comments: James Peterson, 11027 Bell Oaks Estates, Eden Prairie, commented he is also working on the purchase of a MGM liquor store in Burnsville adding that the majority of MGM stores are franchises. Stated his de- sire to maintain a clean store and understands his responsibility to not sell liquor or tobacco to underage buyers. MOTION BY HEDBERG, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing closed at 8:19 p.m. Comments: Erickson: Commented that Peterson appears to be dedicated to maintaining safety and has a clean record. Will support. Keeney: Concurred stating that based upon the Police Department report, he sees no reason not to ap- prove the application and will support. Hedberg: Commented that MGM has been a successful operation as a corporate store and sees no rea- son to hold up transfer of the license to a franchisee. Will support. 5 City Council Meeting Minutes April 5, 2010 DRAFT Millar: Asked if any changes are planned for the store. Peterson: Replied that no changes are planned and MGM has a good model of running a store. Millar: Will support. Myser: Will support. MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT APPROVING AN OFF-SALE LIQUOR LICENSE TO SAGA HILL WINE & SPIRITS DBA MGM WINE AND SPIRITS TO BE BROUGHT TO THE COUNCIL ON THE APRIL 19 CONSENT AGENDA. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. OLD BUSINESS Consider Approyal of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2010 Street Resurfacing Project #10. 012. Assistant City Engineer Poppler delineated the five areas planned for resurfacing in this year's project. Reiterated the resurfacing program that was initiated in 2009 that addresses the backlog of several neigh- borhoods that need improvements but have no budget for reconstruction at this time. Described the level of improvements that will be made in this project indicating that it is intended to be a repair that will last for approximately ten years. Described bids received for resurfacing and testing as well as funding sources. Comments: Hedberg: Highlighted the history of developing the program to catch up with neighborhood street recon- struction adding that it was determined that neighborhoods that had a decent infrastructure would be good candidates for this ten-year stop gap plan. Recognized that in the next decade these neighborhoods will need complete reconstruction. Will support. Millar: Thanked staff for thinking of this solution to the backlog. Emphasized that this project is a ten-year solution rather than a long-term solution. Queried about the spread between low and high bids. Poppler: Replied he cannot explain the spread other than that McNamara really wanted the bid. Millar: Will support. Keeney: Echoed previous comments on the benefits of approaching the project this way adding that it would be wasteful to rip out the roadways for complete reconstruction before infrastructure replacement is needed. Stated he would like to award the project to a local company, but acknowledged that the McNa- mara bid is significantly lower and they have good experience with the city. Erickson: Asked about street closings during CR 12 construction, Poppler: Replied that typically the repairs can be accomplished by restricting traffic to one lane. Erickson: Stated that CR 12 construction will want to exit onto Northwood and Fremont. Poppler: Commented on the desire to work with the contractor to finish Fremont later in the summer when CR 12 is nearly finished. Described the plan for construction on CR 12. Myser: Asked about adding Crossandra and Fremont to this year's rE~surfacing project. Albrecht: Replied those two streets were in the annual street maintenance program for this year and it made sense to bid the two projects together with these. Myser: Asked about construction materials testing. Poppler: Responded that samples of both bituminous and concrete are taken at periodic intervals to as- sure the product meets standard specifications. Albrecht: Added that years ago such testing was not done and the City had experience with inferior prod- ucts that resulted in early degradation. The City's recourse is to require good specifications and to have test results on file. Typically the City does not make payment until results of testing are complete. 6 City Council Meeting Minutes April 5, 2010 DRAFT Myser: Asked about the construction contingency. Albrecht: Replied that when reconstructing streets, the condition of the street in the fall does not impact the project in the spring as the street would be torn up anyway. Full reconstruction involves very detailed plans and that provides a comfort level in the estimated costs. This project is to resurface and repair an existing street. Street condition can deteriorate over the winter and be worse than when costs were esti- mated in the fall. Unforeseen drainage issues may also become apparent. Because bonds are being sold for this project and full payment must be made in one year, it might be risky to not include a nominal con- tingency of 5% to allow appropriate repairs without needing to take monies from other sources. Noted that if any monies remain in the construction fund, bonding could be reduced by that amount for the following year projects. Payments for change orders or additional quantities would be approved by the Council if any of the 5% contingency were to be utilized. Myser: Asked if the 11 % range for engineering and bonding costs is typical. Albrecht: Replied that the City has tracked engineering costs over several years and learned that costs are around three percent for bonding and eight percent for construction management. Explained that this helps to cover the cost of the staff time associated with projects so the projects pay for themselves and funds do not have to come from the general tax levy. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE RESOLUTION 10.130 ACCEPTING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED CONTRACTS FOR THE 2010 STREET RESURFACING PROJECT #10-012. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Approving a Minor Amendment to Shepherd's Path PUD Community Development and Natural Resources Director Parr described the request for the amend- ment of the Shepherd's Path Planned Unit Development to allow for modification of the campus monument sign. Displayed the location and construct of the proposed sign stating the sign will contain thematic ele- ments of the campus. Staff believes that granting the request will not impact the overall character of the PUD. Stated that the City's Code Enforcement Officer has worked with the campus on temporary signage and this would allow discontinuance of the temporary signage. Comments: Erickson: Asked if the signage would have any effect on the signal at the intersection of 42/McKenna. Parr: Replied the request is specifically conditioned so that sight lines should not be impaired. Erickson: Asked if Council approval is for the names on the sign. Parr: Responded that the City's authority is on the dimensions and materials. Erickson: Asked if the YMCA would be required to add "in Prior Lake" on the sign. Parr: Replied that the YMCA resolution includes a condition that such language should be added to all of its signage. Erickson: Commented that considerations were made for the PUD with the condition of including that lan- guage. Asked if the sign would be lighted. Parr: Affirmed, stating the proposal is for the sign to be eternally lit. Phil NyVall, YMCA, confirmed there will be no flood lights with the sign and permitting processes will be followed. Kermit Mahlum, Shepherd's Path, stated that the original plan was to put sign up with completion of phase II of senior housing, but finances have impacted the reasonableness of that. The current plan is to install a portion of the sign now and complete it later. 7 City Council Meeting Minutes April 5, 2010 DRAFT Keeney: Queried if the request is for a sign that is larger than would normally be allowed outside of a PUD. Parr: Searched code and responded that the sign will be within code limitations typical for such a site. Keeney: Asked about materials that will be used. Mahlum: Replied that it will be a stone similar to that used on the campus and bronze metal, and will be internally lighted. Keeney: Will support. Hedberg: Asked what the first phase of signage will be. Parr: Replied the Council is asked to approve the entire sign now and construction will occur in two phas- es with the first phase being the taller column and the second phase adding the stone backdrop and overall campus sign. Hedberg: Clarified that they do not have to come back to the Council unless they want to modify this plan. Will support. Millar: Asked if this will replace current signage. Parr: Replied the sign will be located in the previously approved location. Myser: Clarified that the conditions included in resolution have been agreed to by Shepherd's Path. Parr: Affirmed. Myser: Asked about the jobs provided by the campus. Mahlum: Replied that the YMCA and McKenna Crossings provide 28B full-time and part-time jobs. Myser: Will support. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 10.131 TO APPROVE A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN KNOWN AS SHEPHERD'S PATH VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. OTHER Community Events Millar: Reminded everyone that golf carts must be licensed to be on designated streets and asked if people relicensing from last year must provide all of the information again. Boyles: Just have to reaffirm that it is the same. Hedberg: Saturday, April 17, at 8 a.m" is the annual clean up day at Twin Oaks Middle School. Myser: YMCA in Prior Lake is conducting a fund raiser on Saturday, April 1 0, for subsidy of daycare and youth activities. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Millar. With all in favor, the meeting adjourned at 9:15 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8