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HomeMy WebLinkAboutDraft August 2, 2010 Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES August2,2010,2010 CALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Councilmembers Erickson, Hed- berg, Keeney and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Parks and Fleet Supervisor Friedges, Finance Director Erickson, Building and Transit Services Director Kansier, Community Development and Natural Resources Director Parr, Assistant City Manager Meyer 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 City Manager Boyles requested that the presentation item about Rosie Posie be removed from the agen- da as the owner was unable to be here this evening. Councilor Erickson requested that a new agenda item regarding discussion of synthetic marijuana be added to the agenda. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE THE JULY 19, 2010, MEETING MI- NUTES AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney 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 the 2010 2nd Qtr. Investment Report. Phone 952.447.9800 I Fax 952.447.4245 I www.cityofpriorlake.com C. Consider Approval of the 2010 2nd Qtr. Financial Report. D. Consider Approval of Resolution 10-069 Authorizing Safe and Sober Communities Funding for the Period of October 1, 2010 to September 30, 2011. E. Consider Approval of Resolution 10-070 Authorizing the Mayor and City Manager to Enter into a Standardized Water Tower Antennae Agreement with Clear Wireless, llC. Mayor Myser requested that item C be removed from the Consent Agenda for discussion. MOTION BY MillAR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MOD- IFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Myser: Questioned whether any revenues at risk or expenses overrun. J. Erickson: Responded that the report reflects revenues through June 30 and the franchise fees and quarterly payments are typically received at the end of July. Revenues such as court fines and prosecution restitution are less than planned due to having one less officer on the streets. Revenues from building permits are greater than projected. The loss of homestead credit revenue from the State will be approx- imately $30,000 greater than anticipated. Myser: Seems things are in good order up to this point. J. Erickson: Affirmed that revenues and expenses are on track and staff continues to track monthly. W. Erickson: Commented that the money for homestead credit that should be remitted to local govern- ment is being held by the State to fund its own shortfall. J. Erickson: Affirmed that the Governor is using funds that would have been reimbursed to the cities. The City planned not to receive $227,000 of homestead credit monies, but has learned that amount will actually be $257,000. MOTION BY HEDBERG, SECONDED BY MillAR TO APPROVE THE 2010 2ND QUARTER FINANCIAL REPORT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. PRESENTATION No presentation was held. PUBLIC HEARING Oak Wilt Abatement Parks and Fleet Supervisor Friedges referred to ordinance that establishes a procedure for dealing with oak wilt disease and stated that 48 diseased trees have been identified to date. Staff has received quotes to remove the diseased trees; and proposes that future diseased tree identifications follow the process of notifying residents about their diseased trees and allowing the proscribed period of time for them to remove trees before the City instigates removal, without bringing the discussion to the Council for each incident. Ordinance would allow abatement without a public hearing each time if Council so approves. Explained the time frame over which payment could be made if the cost of tree removal is assessed to properties. Staff met with an arborist to learn about containment and educational options. Comment: Keeney: Clarified that funding for tree removal would be the contingency fund to pay the contractor and then assessments against the properties would be collected in future years. Albrecht: Affirmed. 2 DRAFT 080210 meeting minutes Keeney: Asked the time frame for removal of the currently identified diseased trees. Friedges: Replied it is expected to be completed by August 6. Millar: Queried whether the City would have to pay the amount of the entire bid if a resident decides to take down a tree on their own. Friedges: No. Millar: Clarified the parameters of paying an assessment as being one year if the amount is less than $1,000; three years if the amount is more than $1,000; five years for senior citizens. Albrecht: Recommended that residents contact the Finance Director to learn the specifics of their as- sessment as there are income guidelines to follow also. MOTION BY HEDBERG, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing opened at 6:24 p.m. Comments: Jeff Radermacher, 5970 Timberview Street SE, stated he has spoken to staff about the trees in his prop- erty. Believes the amount to remove to trees is excessive. Stated he has removed 28 trees in eight years and it has taken all of their savings. Wanted to know where the City's help is. Tracy Radermacher, 5970 Timberview Street SE, commented that the letter from the City states they have until September 2 to take down trees and asked for clarification of that date. Stated that only one tree is marked for removal and questioned the agenda report that refers to four. Asked how the cost is estab- lished. Mark Anderson, 15611 Fish Point Road SE, stated he has three trees marked for removal and has con- tracted to have them taken down August 3. Asked the City to do whatever can be done to stop the spread, adding it is good to provide whatever education that can be done. MOTION BY MILLAR, SECONDED BY KEENEY TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing closed at 6:30 p.m. Comments: Friedges: Responded to questions posed at the public hearing by stating there are four diseased trees on either the Radermacher property or the adjacent Delveaux property and if it cannot be determined which property the trees are on, a survey will be done with the cost assessed to the property of the homeowner that the trees belong to. Albrecht: Commented that costs are based on the actual bid of each tree removal. Stated that the as- sessment notice has an August 2 date, and staff will check to see if a typographical error was made about a September 2 date. Hedberg: Noted that the Radermacher's have already removed many trees and asked if oak wilt is spreading more rapidly. Friedges: Noted that Radermacher probably removed many trees before they were tagged as that proper- ty is at "ground zero" for discovery of oak wilt disease. Affirmed it is spreading rapidly. Hedberg: Asked if there is anything residents can do to halt the spread. Friedges: Replied that the process gone through to abate is taking too much time as oak wilt continues to spread; a containment plan needs to be implemented. Stated that staff is working with an outside expert and some easy fixes have been discovered such as a short trench line where topography is flat. Noted that the Radermacher property is very hilly and would be difficult to plow a containment line, but their neighbors 3 DRAFT 080210 meeting minutes may be able to take measures to stop the spread. Believes it is important to have public awareness and he hopes to set up educational opportunities at scheduled park parties beginning August 19. Hedberg: Noted that the Council is being asked to approve changing the process to move on abatement without public hearing. Requested that the approval include direction to move forward expeditiously in in- forming the public. Pace: Commented that the special assessment authority should remain with the Council. Hedberg: Queried whether that would require an amendment to the proposed resolution. Pace: Replied the proposed resolution should just remove "without a public hearing" from the second-to- last "whereas." Myser: Asked if all future abatements would need to have a public hearing prior to abatement. Pace: Replied that just the special assessments need to come back to the Council, not the abatement. Albrecht: Queried whether after complete abatement, staff should come back to the Council to hold a pub- lic hearing to certify and move forward with the assessment. Pace: Replied she is not suggesting a public hearing, but the special assessment portion should come back to the Council for approval. Albrecht: Affirmed the agenda report proposes same. Pace: Recommended removing the aforementioned "without a public hearing" to assure that homeowners that will be subject to special assessment have that assessment acted upon by the Council. Commented that other remedial actions are taken such as snow plowing or mowing, and at the end of the year there should be a list of actions that have been completed which are brought to the Council for certification of collection of the assessments. J. Erickson: Commented that a list of items to be certified such as mowing or delinquent utility bills have not been brought to the Council in the past. Pace: Believes such things need to come to Council before the end of the year; but such discussion does not need to hold up this particular item. Millar: Queried whether this resolution is being amended for action at this meeting. Boyles: Clarified the segment for revision. Millar: Commented that it is hard work, costly and a tragedy to lose the magnificent oak trees, but it is im- portant to protect the urban forest and other property owners. Asked how many trees are on public lands. Friedges: Replied that Memorial Park has 120 oaks and Lakefront Park also has many oaks. Erickson: Sought clarification on whether public hearings will be needed for future abatements and whether it was needed for action at this meeting. Albrecht: Replied that City ordinance does not require public hearing if imminent threat is determined and the City Forester has the authority to determine that; however, direction has always been taken from the Council about that. A one-time incident of oak wilt has not been considered a threat; in those cases our ordinance requires a public hearing so tonight's public hearing was required. If this outbreak is determined to be an imminent threat, a public hearing is not required according to City ordinance. State statute for as- sessments becomes more complicated. Statute lists several items that can be assessed without a public hearing; however, the City Attorney read the Statute this afternoon and wants to verify whether a public hearing should be held at some later time. At a bare minimum, the assessments would have to be certified by the Council. W. Erickson: Understands that in the event of a future oak wilt disease outbreak, staff would want to pro- ceed as though it was an imminent threat and the requirement of a public hearing would slow the abate- ment process. Questioned why the Council would want to remove the "without a public hearing" clause. Pace: Replied it could be determined from State statute whether a public hearing applies to this situation and the question will be specifically answered before the next occurrence. W. Erickson: Stated that the loss of the oaks hurts all of us and he wants to prevent others from having to go through this by using containment measures. 4 DRAFT 0802 10 meeting minutes Keeney: Expressed lingering concerns about parts of the process; trees have been identified that it is questionable about which property they are on and this public hearing has functioned to keep the City from assessing the wrong property owner; there needs to be some kind of formal process before assessment; and, he is unsure the City has to wait to cut down the trees for that. Albrecht: Replied that this is a preliminary assessment roll and staff attempted to meet with or contact all property owners before this hearing. No assessment to a homeowner will be made unless it is verified that the trees are on their property. Stated that a survey usually costs $200 or less and is assessed to the property that has the diseased tree. The City forester, upon completion of removal, brings a report to the Council that memorializes the cost that will be assessed against each property. Keeney: Queried about the time frame for removal noting the erroneous September 2 date in correspon- dence. Albrecht: Replied that the City will work with Radermacher if they want to take down their own trees and can do so within a reasonable timeframe. Keeney: Clarified that if there is an imminent danger of spreading the disease, a tree will be cited, the property owner given notice, the City would take action, and then the cost is assessed. Albrecht: Affirmed adding there is also a five-day time frame to send the certified letter that a tree will be removed. Commented that all of these identified properties are in different stages of the 20-day period, and to allow efficiency in trying to contain the disease, it is proposed to bring one final report on all of the oak wilt for the year. Keeney: Will support. Myser: Reiterated that the City will have a more aggressive plan for taking care of oak wilt for the future. Asked about the timing for bringing forward a containment plan and education plan. Friedges: Hopes for the beginning of the education plan on August and a containment plan by the end of August. Millar: Queried whether, in light of the question about which properties some trees are on, the other prop- erty owner been properly notified. Albrecht: Replied that if trees are on a property that has not been properly notified, they would have 20 days to remove them; or the option to indicate to staff to remove them. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 10.071 AUTHORIZING THE ABATEMENT OF TREES INFECTED BY OAK WILT DISEASE, SPECIAL ASSESSMENT AGAINST AFFECTED PROPERTIES AND DECLARATION OF AN IMMINENT THREAT TO COMMUNITY OAK TREES AS AMENDED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. OLD BUSINESS Consider Approyal of a Report Regarding the Use of Products Containing PAH (polycyclic aromatic hydrocarbons). Public Works Director Albrecht reported on discussion to-date about PAH and findings in City ponds. Stated that it is unknown whether there is a link between coal-tar sealants and the levels of the pollutant in the ponds. Some studies show levels of PAH in runoff, but that does not necessarily mean it is in the se- diment of the ponds. Noted that of the two sample ordinances attached, the one from White Bear Lake in- cluded prohibiting sale of products with a coal base. No public input has been solicited. Stated that most of the City's vendors have already switched to asphalt sealers. Commercial sealing companies apparently prefer coal-tar based sealers so impacts of the proposed ordinance might not be on the homeowner, but rather on professional companies. Impact of adopting the ordinance is unknown and enforcement should be considered. 5 DRAFT 080210 meeting minutes Comment: Erickson: Commented on lobbyists who work against this ordinance as well as other municipalities that have passed such ordinance. Believes commercial companies usually use asphalt-based sealers; though coal-tar can be applied at lower temperatures. Stated that commercial appliers don't like the coal tar prod- uct because employees are affected by the abrasiveness of the product. Believes the City should adopt the ordinance from a public safety standpoint. Noted that from an economic standpoint, when PAH is found in ponds, the City will be required to test for it every time that pond is cleaned and if it is found, the sedi- ment must be treated as hazardous waste. Stated there is grant money to help with clean up, but having an ordinance in place is required in order to receive them. Recommends the White Bear Lake ordinance because it bans all coal-tar. Keeney: Commented he prefers not having the latitude of allowing diluted coal-tar based sealer so would concur with using the White Bear Lake ordinance. Hedberg: Commented that since Prior Lake has so many storm water ponds and there is the known addi- tional cost of disposal as well as the unknown carcinogen quality of the PAHs, he supports adopting ordin- ance banning coal-tar based sealer. Millar: Added that there must be some validity to claims about coal-tar based sealer if it is not being sold locally. Not sure how restrictive it should be, but will support an ordinance. Myser: Asked about levels of PAH in different products. Albrecht: Replied there is no non-PAH version except to not seal your driveway. Runoff has a lower PAH value when an asphalt-based sealer is used. Myser: Commented he would like more information about impacts before making a decision though his general inclination is to protect waters. Suggested businesses could be contacted to see what product they are using. Noted there are some cities who have passed this and there seems to be funding for cities that have passed it, so would support some kind of ordinance. Suggested pursuing funding to clean up the ponds. Albrecht: Noted there is no grant money available yet and the City has not cleaned up any of the ponds that have PAH in them knowing there may be grant money available later to do that. Myser: Asked if there is reason the City should wait to let the State take the lead. Albrecht: Responded that the Council should feel comfortable with the direction it takes and if there are suitable alternatives, should weigh whether it impacts business or not. MOTION BY ERICKSON TO DIRECT STAFF TO DEVELOP AN ORDINANCE FOR COUNCIL APPROV- AL BASED ON THE WHITE BEAR LAKE ORDINANCE. Keeney: Suggested an amendment to the motion to base the ordinance on the White Bear Lake ordinance without the licensing process referred to in section four. Erickson: Concurred. THE MOTION WAS SECONDED BY KEENEY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approyal of a Letter to the Metropolitan Council Commenting on Proposed Metropolitan Council Regional Transit Policies. Building and Transit Services Director Kansier recalled Council discussion from the previous meeting after it reviewed the Metropolitan Council regional transit policies draft. Stated she drafted a letter to the Metropolitan Council that relates the preferences of the City about those policies as well as the City's belief in the importance of a transit program and the necessity of remaining an opt-out program in order to pro- vide the best service. 6 DRAFT 080210 meeting minutes Comment: Erickson: Supported the proposed letter as it states the City wants to keep its independence and have the buses available for many activities here in the City such as Lakefront Days. Keeney: Concurred the letter reflects the Council's thoughts. Will support. Hedberg: Asked how the letter will be received by the Met Council noting that we raised issues that will be present when their policies go into effect; but the letter is advisory in nature and we have no direct control over the policies. Kansier: Stated that the Met Council has been working with other regional providers also, but is in an ad- visory capacity. Hedberg: Asked if the Prior Lake concerns are similar to other opt-out communities. Kansier: Affirmed. Hedberg: Believes that will add more weight to our concerns. Will support. Millar: Concurred that the letter makes it clear how we feel about issues. Will support. Myser: Commented that the Met Council wants to extend the life cycle of the buses to reduce costs and wonders if 14 years is actually acceptable. Believes we should encourage them to evaluate that. Kansier: Replied that issue has been hotly contested by regional providers and the Met Council agreed to do a peer review on buses that will be 12 years of age in 2012. Steps are being taken to determine wheth- er it is safe to extend the life cycle. Noted that the coach buses are relatively new to transit and no one really knows how well they will do. Myser: Asked if Prior Lake is on the side of a 12-year cycle rather than 14 years, or willing to do the analy- sis. Kansier: Replied that until we have all the data, we are not sure 14 years is appropriate, but are interested in seeing more information about it. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE DRAFT LETTER AND DIRECT STAFF TO FORWARD IT TO THE METROPOLITAN COUNCIL. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approyal of a Resolution ApproYing the Joint Powers Agreement for Membership in the Suburban Transit Association. Building and Transit Services Director Kansier expressed the benefits of joining the Suburban Transit Association (8T A) to have a voice in discussions and decisions. Commented that Prior Lake is the smal- lest transit provider and would have a chance to be heard if it joins a bigger group. Dues would be about $3,500 annually. Comment: Erickson: Commented that the City has been using the lobbying effect of the ST A, but not paying for it. Expressed willingness to be the City's representative since he is active on the other transit boards. Keeney: Asked what kind of activities the 8T A uses its budget for. Kansier: Replied that last year's budget was approximately $70,000 and it was used for lobbying, legisla- tive tracking and working through policies. Keeney: Noted that approximately half of the opt-out communities belong to the 8T A. Clarified that 8T A does not work on operations, but rather collective bargaining. Kansier: Affirmed. Keeney: Will support the membership and the recommendation for Erickson to be the Council's represent- ative. Millar: Commented that in light of regional policies and transit issues and that Prior Lake is the smallest provider, believes it makes sense to join the 8T A. Will support. 7 DRAFT 080210 meeting minutes Hedberg: Concurred. Myser: Will support. Also supports Erickson as the representative from the Council. MOTION BY MILLAR, SECONDED BY HEDBERG TO APROVE RESOLUTION 10-072 APPROVING THE SUBURBAN TRANSIT ASSOCIATION JOINT POWERS AGREEMENT VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 10-070 APPOINTING COUNCILOR ERICKSON AS PRIOR LAKE'S REPRESENTATIVE AND BUILDING AND TRANSIT SER- VICES DIRECTOR KANSIER AS ALTERNATE REPRESENTATIVE TO THE SUBURBAN TRANSIT AS- SOCIATION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. NEW BUSINESS Consider Approval of the 2010 Snowmobile Task Force Report. Public Works Director Albrecht stated the local snowmobiling organization has fostered cooperative ef- forts with the Police Department and Scott County to have safe snowmobiling in the City. Noted last year had only one accidental damage incident. Issues for next year include whether to allow snowmobiling into the City on the trails parallel to CR 83. Noted that a meeting with Shakopee and Scott County representa- tives is planned as, currently, Shakopee does not allow snowmobiling on their portion of CR 83 and Scott County wants to move toward taking snowmobiles off county roads and onto trails. There is a request for a groomed trail along the west side of Crest Avenue. Stated that staff's perspective is that there would not be much damage there as the snowmobile club shuts down trails when there is not much snow pack on them. Staff recommends using the Traffic Safety Advisory Committee to hold a neighborhood meeting about hav- ing a trail in that area and make a recommendation to the Snowmobile Task Force about it. Comment: Erickson: Stated that this task force has been a success and a model for neighboring communities to form similar committees. Noted that another issue is that of snowmobiles going either over or under the Wagon Bridge. Noted that Crest Avenue will be re-striped to allow parking on the east side, and there is a side- walk next to the road on the east side so the City would not want snowmobiles on that side. Will accept report. Keeney: Asked if there are areas other than CR 83 where snowmobiles use paved paths. Albrecht: Affirmed there are two segments: Franklin Trail to Hwy 13 on the south side of CR 21 and on CR 82 on the south side from Fremont to the City limits. Keeney: Believes the City should make it clear that we support continuing access on CR 83 using the paved trail until a better alternative is found. Hedberg: Commented that when the task force was formed in 2007, other cities were banning snowmobil- ing. A public hearing was held and filled with snowmobile club members who did not want that to happen here. Prior Lake is a recreation-based community and on the edge of the County's rural residential area. Believes it makes sense to have snowmobiling as part of our community at least for the next generation. It has turned out well to have a trail over a path and the club has prevented wear on the trails by shutting them down if there is not enough snow. Will support. Millar: Noted that the Snowmobile Task Force was an outgrowth of problems with snowmobilers crossing through properties and they have turned a negative into a positive situation. Asked what the likelihood is of working something out with Shakopee. Albrecht: Responded that staff will meet with them. Shakopee has rural area around their city and he feels optimistic about reaching agreement. 8 DRAFT 080210 meeting minutes Millar: Expressed concern about snowmobiles moving between Upper and Lower Prior Lake in light of expected increase of traffic on CR 21. Albrecht: Responded that in the past snowmobilers have used private property for an at-grade crossing, but the owner is unwilling to let the snowmobile club obtain an easement. Stated there is a new marina owner and the club will be talking to them. Believes the best long-term situation is to consider modifications of the abutment of the bridge to make a trail under the bridges. Reiterated that Wagon Bridge needs both snowmobile and pedestrian safety issues to be addressed. Myser: Commented that the Task Force work has been a great way to reduce the number of complaints and impact upon the community. MOTION BY HEDBERG, SECONDED BY MILLAR TO ACCEPT THE REPORT AND DIRECT STAFF TO BRING BACK SPECIFIC ACTIONS TO BE TAKEN IN PREPARATION FOR THE 2010-2011 SNOWMO- BILE SEASON AFTER MEETINGS WITH SHAKOPEE AND THE SNOWMOBILE CLUB. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approval of an Ordinance Amending Section 1101.510 of the Zoning Ordinance Regarding the Sale of Temporary Agricultural Commodities. Community Deyelopment and Natural Resources Director Parr outlined current ordinance and the pro- posed amendment to increase the agricultural sales season to 75 days, which is consistent with other communities. Stated the ordinance is not proposing to include residential and downtown districts due to parking issues. Noted that the Planning Commission held a public hearing and recommends approval of the amendment. Comments: Millar: Queried whether the vendor who sells produce by Viking Liquor area will be permitted. Parr: Replied they do not have permit and it is not allowed in that location. Millar: Asked if that vendor is allowed in other areas such as the Village Market. Parr: Replied that the vendor might be allowed in other areas with appropriate permits and parking spaces. Millar: Commented that one of the benefits of this community is that one can drive for five minutes and be in farmland. This is an appropriate amendment and allows the markets to bring fresh produce to residents. Hedberg: Asked if 75 days is adequate to encompass the full harvest season. Parr: Replied that is the length of time the applicant requested believing it is what would be needed. Hedberg: Questioned the amount of parking at the Village Market area. Parr: Replied there are shared parking agreements throughout that mall to meet parking needs of the te- nants. Hedberg: Accepted the proposed amendment and its requirements, but stated the parking around Village Market seems as though it should be adequate. Will support. Keeney: Noted that one of the Planning Commissioners proposed that 90 days would be better, but the applicant had no desire for that period of time. Noted that in the example of the Viking Liquor site, condition D of the amendment would prohibit them as it is the town center area. Asked about the parking spaces utilized by the vendor. Asked if this usage is being eliminated from any parking lot downtown. Parr: Believes a vendor needs a minimal amount of parking spaces; but with the many comments about limited parking downtown, there was no desire to take the parking spaces for something that did not en- hance using the retail and services located there. Keeney: Reiterated that to use a City parking lot, only the VFW or Rock Creek areas would be big enough and we don't want to give up the parking. Will support. Erickson: Asked if the Wells Fargo Bank parking is considered separate from Village Market. Parr: Affirmed. 9 DRAFT 080210 meeting minutes Erickson: Queried whether the separate lot next to CR 13 would be possible to use. Parr: Replied it would have to be evaluated, but there have been no requests for that space. Erickson: Asked if the CR 44 corner is acceptable because the store fronts are vacant. Parr: Affirmed, adding that Severs and the property owners have agreed that Severs will vacate the site if the store fronts become filled. Erickson: Commented that the empty space next to Fong's might work if such activities were allowed in the town center. Parr: Affirmed. Erickson: Stated he would like to have the town center as an allowed district in the event someone wanted to use the Fong's area while the location is vacant. Believes being able to buy fresh produce should be encouraged as part of the small town culture. Myser: Asked if the City requires the vendor to grow the products. Parr: Replied there is nothing in the ordinance to require verification that the vendor grows its own product. Myser: Asked if the vendor could be someone like Cub or Super Target setting up to sell agricultural prod- ucts. Parr: Replied that would be considered temporary outdoor sales. There is a portion of the ordinance that speaks to on site outdoor sales. Myser: Why would they be considered different from other produce vendors and what would stop them from opening shop at a different site. Parr: Replied they could do that if they were selling only agricultural products. Myser: Has consideration been given to the number of locations that would be allowed in the City. Parr: Replied that with the parking considerations there are few locations that would work; and there have been few vendors who have asked. Myser: Asked if there have been any complaints associated with this. Parr: No. Myser: Ask the Severs representative if they grow their own products Nicola Peterson, 15900 Flying Cloud Drive, Eden Prairie, stated they farm along the river bottoms and grow a majority of the products they sell. Millar: Asked if they will sell apples later in the season. Peterson: Replied that they started an apple orchard two years ago and also grow pumpkins. Noted that a 90-day season would allow the sale of apples and pumpkins. Myser: Will support the ordinance and will support allowing such sales in the town center district. Millar: Asked how it would affect the Farmer's Market if allowed downtown, noting that Severs applies for a permit but the vendors in the Farmer's Market do not individually apply for a permit. Parr: Replied that the Farmer's Market is its own business and has a permit. If Severs wanted to be part of that, they would have to contact them. Otherwise, they would not be able to locate within the Farmer's Market area. Hedberg: Favors extending the season to 90 days. Erickson: Concurs with the 90-day season. Commented he sees no problem with allowing both the Far- mer's Market and an independent vendor to be located in the town center area. Myser: Asked if there would be adequate parking by Fong's. Parr: Responded that the City supplies the parking downtown. The area would have to be evaluated to determine if a vendor would have room to set up outside of the right of way. Erickson: Noted the ordinance is not being proposed for a particular location. MOTION BY ERICKSON, SECONDED BY HEDBERG TO ADOPT ORDINANCE 110-02 AMENDING SECTION 1101.510 OF THE PRIOR LAKE CITY CODE, ADDING THE TOWN CENTER AS A DISTRICT AND EXTENDING THE SEASON TO 90 DAYS. 10 DRAFT 080210 meeting minutes Keeney: Clarified that the proposed amendment is now only disallowing residential districts and ques- tioned if it would be more clear to write "not residential." Parr: Affirmed. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Synthetic Marijuana Erickson: Stated he attended a Metro Cities meeting and was made aware of a synthetic marijuana prod- uct on the market that is being sold as incense for which there is no restriction on purchasing. Believes it will likely be more than a year before the State can put restrictions on it. Added that the League of Minne- sota Cities will be drafting an ordinance. Questioned whether the Council supports having staff look at a local ordinance to prohibit the sale of synthetic marijuana and communicate with the County and SCALE about its implementation. Millar: Agreed it sounds like a dangerous substance, but questioned how to regulate something that is not illegal. Pace: Questioned whether it is represented that it is not illegal. Erickson: Replied that it is represented as incense. Suggested that staff look at the ordinance that the LMC drafts and, if appropriate, bring it back to the City Council. Pace: Agreed that regulating the sale might be something to consider, but suggested waiting to see what the LMC brings forth. Regulating the use would be more problematic. Hedberg: Stated it sounds as though it is an emerging problem and connecting with the LMC is right way to approach it as well as assigning it to the Community Safety Advisory Committee to carry it forward. Keeney: Commented that all manner of substances can be used to intoxicate oneself and it seems a more general solution would be to prohibit the use of any substance used for intoxication. Supports some inves- tigation of this. Erickson: Suggested banning the sale noting that the State will address it, but the City could address it sooner. Keeney: Clarified that the substance could be banned, rather than trying to address trade names. Myser: Stated that it seems appropriate to have the Community Safety Advisory Committee look into it. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO WORK WITH THE COMMU- NITY SAFETY ADVISORY COMMITTEE TO EXPLORE THE ISSUE OF SYNTHETIC MARIJUANA. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. OTHER Community Eyents Keeney: The next neighborhood park parties are August 5 at Oakland Beach and Jeffers Pond; and Au- gust 19 at Wilderness Pond and Green Oaks. Erickson: Night to Unite will be August 3 with the Fire Department and Police Department present in the neighborhoods. Lakefront Days is this coming weekend. Millar: Thanked the Prior Lake Chamber for hosting Lakefront Days. Hedberg: Added that Lakefront Days starts Thursday night with the business expo and wine tasting and continues Friday afternoon and evening with the car show and music; Saturday starts at 8 a.m. and contin- ues through the fireworks and evening band. The family fishing tournament is on Sunday. Myser: Commented that the full schedule of activities can be accessed at www.oriorlakechamber.com. Recognized academic achievements of local students. 11 DRAFT 080210 meeting minutes ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by Keeney. With all in favor, the meeting adjourned at 8:52 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. DRAFT 080210 meeting minutes 12