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HomeMy WebLinkAboutDraft August 16, 2010 Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES August 16, 2010 CALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Councilmembers Erickson, 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, Commu- nity Development and Natural Resources Director Parr, Planner Matzke, Assistant City Manager Meyer, Communications Coordinator and Administrative Assistant Green. Councilmember Hedberg 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 Economic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee within the foreseeable fu- ture. 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: Judy Doherty, 14360 Aspen Avenue, presented a petition from residents opposed to striping the street to allow parking on Crest Avenue. Believes parking on Crest Avenue would decrease visibility of pedestrians, could cause bodily harm and restrict movements of emergency vehicles. Stated that in the 1980s both the DNR and the City said the lake would be recreational and there would be limited boat trailer parking. Believes proposed striping would create spaces for up to 80 additional vehicles and potentially 300 more users. Asked if the City wants the lake to be a low-use recreational lake or a busy metropolitan lake; and if a metropolitan lake is desired, suggested that actions could be taken such as additional studies of parking issues, building additional parking lots, shuttling people from other parking lots, and removing the $5 parking fee. Asked the council to reconsider its action. John Myser, 16015 Northwood Road, stated that today the Jazz Co. Cafe was auctioned and liquidated. Felt the City did not support this economic development effort or help them to relocate, Stated they employed 12 people and had approximately 500 customers per week. Believes their business could have grown in the Club Prior location and would have revitalized downtown. Stated he did not understand why the City would provide TIF money for some businesses and enable money for storefronts for other businesses, but did not do all that it could to help them. Dale Runkle, 12751 CR 5, Burnsville, stated he is a contractor with TTM, which is on the consent agenda for lease approval. Provided a background of TTM and its operation stating they are licensed through the Minne- sota Public Utilities Commission. They have constructed a network of fiber optic throughout the metro area for use of small microwave antennas which provide cell carriers with additional phones lines. Tom Schutz, 5403 Carriage Hill Road, stated he served on the Parks Advisory Committee up to 1996 and parking by the lake was considered at that time. Believes additional parking will not solve the problem. Stated this issue is about striping of lanes to resolve a problem that may only exist three or four times per year. Phone 952.447.9800 1 Fax 952.447.42451 www.cityofpriorlake.com Questioned how many parking violation tickets are written. Believes there is a better way to manage the park- ing program at Sand Point. Believes a bottleneck will occur by Amberwood created by boats waiting to be loaded and unloaded. Suggested that personnel working at the parking lot payment booth advise people where they can park when the lot is full which could reduce circling traffic that is looking for parking. Sug- gested the topic be reconsidered. Erickson: Commented that past discussion considered that four lanes of traffic on Crest led to speeding and questioned how speed could be reduced with any alternate striping plan. Schutz: Stated that Carriage Hill Road used to be striped for parking and that a four-lane road is not needed in that area. Stated there has been no problem with vehicles parking in that area. Mary Young, 5465 Shore Trail, stated her residence is adjacent to the access. Has concerns about cars on the street and the passengers who have climbed over fences damaging them to access the beach. Stated there has been vandalism in the neighborhood. Stated she has lived here since the access was built and both the DNR and the City promised they would protect neighborhoods. Stated she has seen an increase in park- ing three times and limiting parking at the beach has moved parking to the neighborhoods. Believes people use the street for parking to avoid paying for parking at the beach. Commented that it appears that neighbors on Crest Avenue were not aware of this parking solution and suggested finding another solution. MOTION BY MillAR, SECONDED BY ERICKSON TO ADD AN OLD BUSINESS ITEM TO THE AGENDA TO DISCUSS CREST AVENUE PARKING AND CONSIDER DIRECTING STAFF TO RECONSIDER THE TOPIC. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. APPROVAL OF AGENDA City Manager Boyles requested the addition of new business item, Consider Approval of a Resolution Autho- rizing the Emergency Repair of the Carriage Hills Storm Sewer System Outlet. MOTION BY MillAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MillAR, SECONDED BY KEENEY TO APPROVE THE AUGUST 2,2010, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Myser, Erickson, 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 July 2010 Treasurer's Report. C. Consider Approval of Building Permit Summary Report. D. Consider Approval of Animal Control Services Report. E. Consider Approval of Fire Department Report. F. Consider Approval of Resolution 10-073 Authorizing Replacement of a 2000 F350 Utility Truck and a 2003 Ford Expedition Fire Truck. G. Consider Approval of Resolution 10-076 Authorizing the Mayor and City Manager to Enter into a Communication Site lease Agreement with Telecom Transport Management Inc (TTM). H. Consider Approval of Resolution 10-074 Amending the Mutual Aid Agreement for Use of Building Inspection Personnel and Equipment to Include Scott County. I. Consider Approval of a Temporary On-sale Liquor License for Prior lake Athletics for Youth (PLAY). J. Consider Approval of Resolution 10-077 Authorizing the Joint Powers Agreement for Assessment of 2 DRAFT 081610 meeting minutes the City of Prior Lake. K. Consider Approval of a Report Requesting a Public Hearing to Amend Resolution 00-119 Establishing an Economic Development Authority in the City. Councilor Keeney requested removal of item 5F for discussion. Mayor Myser requested removal of item 5H for comment. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried, Keeney: Regarding purchasing of equipment, queried whether an Explorer will be suitable for a fire depart- ment vehicle. Albrecht: Replied that a V8 engine package was needed because of towing requirements for some of the equipment. Keeney: Commented that a 2003 vehicle with 105,000 miles is being replaced and asked if it is for respond- ing to fires or so fire personnel can have the vehicle with them at all times. Albrecht: Replied that personnel may be responding from their places of work and it is important that these first responders do not have to go back to the Fire Department to pick up a vehicle. Myser: Stated that analysis for this vehicle included net present value calculations that allow evaluation of options for the appropriate vehicle. Asked about the analysis of used vs. new and why it was more expensive to buy used. Also asked about the discount rating. Albrecht: Responded that an eight-step evaluation process, which included financial components, was used as a decision key. After considering options for acquiring equipment such as leasing, buying or borrowing, the lowest cost option was calculated. Four options for that vehicle were considered including state bids and off state bids. Explained why the new vehicle, off state bid was most cost effective. Myser: Regarding the mutual aid agreement for building inspection services, commented on his support for having the City pursue a larger cooperative agreement for building inspection. Boyles: Concurred that the way of doing things in the past is not the way of the future and the City continually seeks ways to do things cooperatively and less expensively. MOTION BY KEENEY, SECONDED BY ERICKSON TO APPROVE RESOLUTION 10-073 AUTHORIZING REPLACEMENT OF A 2000 F350 UTILITY TRUCK AND A 2003 FORD EXPEDITION FIRE TRUCK; AND RESOLUTION 10-074 AMENDING THE MUTUAL AID AGREEMENT FOR USE OF BUILDING INSPECTION PERSONNEL AND EQUIPMENT TO INCLUDE SCOTT COUNTY, VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. PRESENTATION Technology and Communications Advisory Committee Annual Report. Communications Coordinator Peterson provided a PowerPoint presentation explaining how communication activities meet 2030 Vision and Strategic Plan goals. Spoke of updates to Website design. Stated the 2030 Vision updates will be distributed in the next Wavelength. Commented that all communications activities are reviewed by the Communications and Technology Advisory Committee. Comments: Keeney: Asked if there is any criteria the City follows to place other organization's notices on Website. Peterson: Responded that any non-profit organization can post their community events on our Website. Erickson: Asked if the City's Website links to partner websites. Peterson: Affirmed and displayed the area on the Web page where they could be found. 3 DRAFT 081610 meeting minutes Erickson: Suggested a link be provided to other school districts who serve portions of the City such as Sha- kopee and, in the future, Jordan. Commented that social networks such as Twitter and Facebook can dis- perse emergency information exponentially. Millar: Commented that the City communications have come a long way and he likes to see the cooperation with the County. Asked if the Website is used to share information such as the Crest Avenue striping. Peterson: Responded that when an issue of importance comes before the Council, he uses all of the com- munication tools to get the news out. Millar: Suggested to residents that they sign up for the City for e-news so they can get as much information as possible about issues before the Council. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Crest Avenue Parking Public Works Director Albrecht suggested to the Council that the striping not be done this year adding that the paint supply is not available due to industry shortages. Suggested this be directed to the Traffic Safety Advisory Committee (TSAC) as they will be inviting the neighborhood to a meeting to discuss the snowmobile issue and the meeting could be used to address the parking issues in the area as well. Myser: Commented that the audience should be broad enough so any decision is not just pushing the issue to other neighborhoods, Millar: Asked how this will affect snowmobiling for this year. Albrecht: Responded that snowmobiles can currently run on Crest and the question was going to be whether they could run on one of the boulevards of Crest. The TSAC was going to look at safety issues related to that. This topic would have the same target audience so both issues could be discussed at a public input session. Erickson: Agreed that both issues could be addressed at the same meeting. Keeney: Recalled how the Council arrived at the decision considering the park use increased dramatically this summer and the pay lot was full, the streets were full and people were cutting through lawns. The Council sought solutions so everyone who wanted to come to the park could. Removal of the parking fee was consi- dered as well as an additional parking lot. Some people need to have closer parking to accommodate their needs. Commented that the attractions to putting parking along Crest were to reduce speed on that street, minimal cost, and the trail that leads to the park so people would not cut across yards. Wondered whether residents saw the drawing of the striping that was planned. Albrecht: Affirmed that having the meeting would allow interested persons to see the plan. Keeney: Noted there were specific non-parking places to allow room to get into the park. Stated that much consideration was given to eliminate problems and not cause new ones. Agreed a meeting should be held so all can have their input heard. Myser: Supports getting feedback. Erickson: Asked if another resolution would be needed to re-address the striping, Pace: Responded that this could be a directive to reconsider the action of striping and when a report is brought to the Council, it can then consider whether the original resolution should be rescinded. MOTION BY ERICKSON, SECONDED BY MILLAR TO DIRECT STAFF TO RECONSIDER CREST AVENUE PARKING. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. NEW BUSINESS 4 DRAFT 081610 meeting minutes Consider Approval of an Ordinance Repealing and Replacing Section 1107.400 through 1107.1700, and Amending Sections 1102.809(5) and 1101.400 of the Zoning Ordinance, and Approval of a Resolution Authorizing Publication of the Ordinance Summary. Community Development and Natural Resources Director Parr spoke of the process used to address sign ordinance changes describing the information that was gathered and analyzed including ordinances from other communities and input from MnDOT, County, businesses, residents and the Economic Development Advisory Committee (EDAC). Stated that the EDAC supports the proposed sign regulations and ordinance and empha- sized that the City needs to remain responsive to the needs of people in the community. Noted that the pro- posed policy issues behind the regulations were presented to and discussed by the Planning Commission and the City Council during work sessions. Advised the Council of the input the Planning Commission received at the public hearing. Criteria used when drafting the ordinance included that the language used in the ordinance be user friendly; that where one means of communication (signs) was prohibited, alternative means of com- munication were available for both commercial and non-commercial speech; that ordinance allow for consis- tency in enforcement, address changes in technology and case law, not favor commercial over non- commercial, address legitimate and substantial interests such as traffic safety concerns and aesthetic issues, support the goals set out in the 2030 Vision and Strategic Plan and entail modest cost to the City. Spoke of definitions added to the ordinance to enhance clarity. Reviewed proposed changes to the ordinance. Pro- vided an overview of feedback received from the business community, the public hearing and the Planning Commission. Comments: Millar: Sought clarification of non-commercial, on-premise signage. Parr: Responded that it complies with free speech regulations and allows for persons to express themselves (such as election season). Explained that the regulation of signs must be content neutral and cannot discrimi- nate between commercial and non-commercial speech and provided examples of a non-commercial and commercial sign. The ordinance has to allow no favoritism to commercial signage and provide the same op- portunities for non-commercial. The First Amendment permits the City to regulate the time, place and manner that signs can be displayed, but not the content of the sign. Millar: Referred to banners for non-profits and residences and queried whether commercial entities can place them on fences. Parr: Replied they tried to be cognizant of the impact of a sign in residential areas; and churches, schools and marinas are permitted to use banners allowed in residential areas based on criteria that insures the banner is located on the property in a place that is the least visible from the residential area. The zoning administrator, as part of the permit application process, will determine on a case by case basis whether the proposed banner is located on the property in a location where it will be least visible to residential properties, whether fence or the principal structure. Pace: Added that the ordinance wants to provide opportunity to have banners, but not to be obtrusive or cause safety or aesthetic issues. A record will be made of each and why it was allowed or not allowed. Millar: Asked about the banner on the fence in a commercial district and whether it will be permitted. Parr: Replied banner permits can be granted one time per year in commercial/industrial/town center districts for specific events. Pace: Commented that problems with nonconforming signs are anticipated and noted that signs that are legal now, but will become illegal under the new ordinance will be grandfathered and allowed to remain, but that signs that are presently illegal and will continue to be illegal would have to be removed. Millar: Believes signage enforcement must be consistent. Asked about monument-type signs such as in an industrial park that might have several businesses posted on it. Parr: Such a sign is an off-premise advertising sign, which is not permitted because of the visual impact on the aesthetics in the area as well as on traffic safety issues. Believes allowing it opens the door to billboards 5 DRAFT 081610 meeting minutes and the City loses the ability to regulate it. Commented that they found no community that was successful in regulating such signage. Millar: Commented that many businesses are requesting that type of signage since their business is off a main roadway. Questioned if any community uses them. Parr: Replied that where it was allowed, it was a particular program that the MnDOT, the State or County al- lowed and was specific to rural communities with a bypass or other specific criteria. Our sites were visited by them and it has been determined that it will not work for Prior Lake at this point. Millar: Stated that staff and businesses have put in a lot of time on this and this is a good start on improved sign ordinance. Will support these amendments. Keeney: Commented that he attended the public hearing and concurred that concerns were expressed about unsightliness and illegality of signs in the right-of-way. Agreed that banners seem to be a type of sign that generate contention noting that the new ordinance relaxes the current restriction on the time, place and man- ner that banners can be used; and stated that he liked the fact that the new, lesser restrictive regulation on the use of banners will sunset and that the Council at that time will have more of an opportunity to determine whether the more liberal approach created traffic safety and aesthetic impacts that need to be mitigated. Concern was expressed at the public hearing about whether there was enough space on sidewalks to accom- modate both sandwich boards and pedestrians, and comply with ADA requirements. Pace: Responded that currently banners are allowed to exist three times per year to advertise special events. Under the new ordinance, banners will be allowed to stay up for a year, but will have to conform to new re- quirements regarding size and location. Keeney: Stated this proposed ordinance observes first amendment rights, safety, nuisances and the various reasons a sign ordinance is needed. Will support. Erickson: Stated that electronic signs would be able to stay and comply by choosing how the information is presented on the sign rather than replacing the equipment. Noted that signs that are currently illegal, still will be illegal and the City will need to enforce the ordinance. Believes banners in commercial areas should be allowed on the fence if the fence is attached to the building. Suggested that monument signs be allowed that list the name of the business park. Asked if the design of an approved sandwich board could be changed throughout the year. Parr: Replied that content will not be regulated, but different dimensions would be considered regarding set- back needs or distance from other sandwich boards. Erickson: Stated that enforcement is key noting that some signs are set up on weekends when the enforce- ment officer is not working. Asked if staff had thoughts on enforcement during the evening and weekend time frame. Myser: Asked about removal of signs that will become illegal under the new ordinance. Parr: Replied that signs that are legal under current ordinance would be allowed to remain as legal, non- conforming signs. Signs that are not legal now and will not be legal under the new ordinance will have to be removed. Myser: Asked how the City can achieve stronger enforcement. Pace: Replied that illegal signs in the right of way can be removed and other illegal signs would be given citations for code violations. In egregious situations, the City can seek a Court order. Noted the City does not have the resources to continually enforce. Myser: Asked what the cost would be to enforce weekend provisions. Parr: Replied the City will continue to pick up signs in the right of way when possible and will rely on people to call in about violations for other areas. Resources are not identified to do more than that and staff could be directed to learn the costs of accelerating enforcement. Myser: Supports learning that cost. Stated that staff has done a thorough job with the ordinance amendments and placed a good balance in this ordinance between supporting business as well as safety and aesthetic is- sues for residents. 6 DRAFT 08 16 10 meeting minutes Keeney: Noted that a provision has been added that imposes a fine and that it may be an effective way to deter violation and fund enforcement if the fine is used. Erickson: Stated that the ordinance should not be enforced on a complaint basis, but rather where staff ob- serves violations. Millar: Asked if the code enforcement officer will be able to conduct enforcement of this ordinance. Boyles: Replied that focus on signs could be directed; but moving to one focus will detract from another. Kansier: Commented that there is one staff person responsible for code enforcement as well as grading and erosion control inspections. Suggested options of utilizing public works and police personnel noting that there is a cost involved with all of the options. Millar: Agreed he would like to learn the costs to enforce. Myser: Stated he would like to see options for enforcement and associated costs brought back to the Council. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE RESOLUTION 10.075 ADOPTING A SUM- MARY OF SECTIONS 1107.400 THROUGH 1107.1700, SECTION 1101.400 AND SECTION 1102.809(5) OF THE ZONING ORDINANCE. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 110.03 REPEALING AND REPLACING SECTION 1107.400 THROUGH SECTION 1107.1700, AS WELL AS AMENDING SECTIONS 1102.809(5) AND SECTION 1101.400 OF THE ZONING ORDINANCE. Keeney: Queried whether findings should be recited with the motion. Pace: Replied that findings are important and should articulate the problems or issues the Council is trying to address with the new regulations; such as safety reasons, to prevent sign blight or impairment and degrada- tion of aesthetics, and that the manner chosen to regulate the sign is the least restrictive means of accomplish- ing the Council's objective. Keeney: Proposed an amendment to the motion to be in favor of adopting this ordinance amendment based on the findings that the City Council has a legitimate and substantial interest to preserve and protect the public welfare and safety, preserve aesthetic qualities and characteristics in the City, to protect the City and its resi- dents, to balance the constitutional requirements of the First and Fourteenth amendments with considerations of safety such as height and location illumination that can create hazards, eyesores and aesthetics and, specif- ically, some of these considerations can vary by use districts such that different regulations may be appropri- ate for different use districts. Millar: Accepted the amendment. Erickson: Concurred with Keeney comments, added this has been needed for some time, looks forward to enforcement to make it a workable solution. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 110.03 REPEALING AND REPLACING SECTION 1107.400 THROUGH SECTION 1107.1700, AS WELL AS AMENDING SECTIONS 1102.809(5) AND SECTION 1101.400 OF THE ZONING ORDINANCE BASED ON THE FINDINGS THAT THE CITY COUNCIL HAS A LEGITIMATE AND SUBSTANTIAL INTEREST TO PRESERVE AND PROTECT THE PUBLIC WELFARE AND SAFETY, PRESERVE AESTHETIC QUALITIES AND CHARACTERISTICS IN THE CITY, TO PROTECT THE CITY AND ITS RESIDENTS, TO BALANCE THE CONSTITUTIONAL REQUI- REMENTS OF THE FIRST AND FOURTEENTH AMENDMENTS WITH CONSIDERATIONS OF SAFETY SUCH AS HEIGHT AND LOCATION ILLUMINATION THAT CAN CREATE HAZARDS, EYESORES AND AESTHETICS AND, SPECIFICALLY, THAT SOME OF THESE CONSIDERATIONS CAN VARY BY USE DISTRICTS SUCH THAT DIFFERENT REGULATIONS MAY BE APPROPRIATE FOR DIFFERENT USE DISTRICTS. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. 7 DRAFT 081610 meeting minutes MOTION BY KEENEY, SECOND BY ERICKSON TO DIRECT STAFF TO EXAMINE AND REPORT ON EN- FORCEMENT OPTIONS THAT GENERATE FUNDING FOR THE ENFORCEMENT THROUGH FINES. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. Consider Approval of a Resolution Authorizing the Emergency Repair of the Carriage Hills Storm Sew- er System Outlet. Public Works Director Albrecht described the location of degraded wetland and depicted the faulty storm water system along with the proposed correction and associated costs. Property owner has agreed to the proposed correction. Comments: Erickson: Asked if there are any other locations in the City with damage from the storm. Albrecht: Replied that there was damage on construction sites particularly along the CR 12 construction area. Cates channel overflowed onto Cates Street. Commented on the chronic issues with that area noting that fu- ture plans include repairs to allow water to flow through that dike. Erickson: Suggested that time may show other damage that will be revealed. Albrecht: Concurred that diligence will be needed with future rainfalls. Keeney: Clarified that the City has the proper easements from the property owner to conduct this repair. Albrecht: Affirmed the property owner is amenable to fixing the issue with the proposed solution. Millar: will support. Myser: Asked what level of stress this rainfall inflicted upon the infrastructure. Albrecht: Replied that the definition of a 1 OO-year storm means there is a 1 % chance such an event will occur in a year. Events leading up to this storm contributed to the problem because the ground was completely satu- rated from previous rainfall. Myser: Asked how the system fared generally. Albrecht: Responded that health and safety is the primary assessment and from that standpoint, the system performed very well. Damage to homes related to City systems was minimal. Erosion issues were primarily from construction sites. Overflow points operated fairly well. MOTION BY KEENEY, SECONDED BY ERICKSON TO APPROVE RESOLUTION 10-078 AUTHORIZING REPAIR OF THE CARRIAGE HILLS STORM SEWER OUTLET. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. OTHER Community Events Millar: Thanked the Chamber of Commerce for hosting Lakefront Days. Erickson: Suggested everyone attend the SMSC Wacipi the weekend of August 21 and 22. Keeney: Stated the filing period for the two Council seats that are up for election ends on August 17. Myser: Thanked intern Laura Schumacher for her contributions to the City this summer. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Erickson. With all in favor, the meeting adjourned at 8:57 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8 DRAFT 081610 meeting minutes