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HomeMy WebLinkAbout08 16 10 City Council minutes4646 Dakota. Street SE Prior Lake, MIV 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, Kee- ney 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, Planner Matzke, Assistant City Manager Meyer, Communications Coordinator and Administrative Assistant Green. Councilmember Hed- berg-was absent. PUBLIC FORUM The Public Forum is intended to afford the publican 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 maybe 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: Judy Doherty, 14360 Aspen Avenue, presented a petition from residents regarding parking on Crest Avenue. Believes parking on Crest Avenue would decrease visibility of pedestrians, could cause bodily harm, restrict movements of emergency vehicles. Stated that in 1980s both DNR and 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 lake to be a low-use recreational lake or a busy metropolitan lake; and if a metropolitan lake is desired, sug- gested 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. 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 em- ployed 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 busi- nesses, 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 Minnesota Public Utilities Commission. They have constructed a network of fiber optic throughout the me- tro 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. Phone 952.447.9800 /Fax 952.447.4245 / www.ctyofpriorlake.com Stated this issue is about striping of lanes to resolve a problem that may only exist three or four times per year. Questioned how many parking violation tickets are written. Believes there is a better way to manage the parking program at Sand Point. Believes a bottleneck will occur by Amberwood created by boats wait- ing 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, Suggested 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 afour-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 in- crease in parking 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 ap- pears 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 Au- thorizing 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 MI- NUTES 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 Communi- cation Site Lease Agreement with Telecom Transport Management Inc (TTM). 2 081610 meeting minutes 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 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 F for discussion. Mayor Myser requested removal of item H 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 de- partmentvehicle. Albrecht: Replied that a V8 engine package was needed because of towing requirements for some of the equipment is towed. Keeney: Commented that a 2003 vehicle with 105,000 miles is being replaced and asked if it is for res- ponding to fires or so fire personnel can have the vehicle with them at all times. Albrecht: Affirmed, noting that the personnel may be responding from their places of work and it is impor- tantthat 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 expen- sive 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 bor- rowing, 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 conti- nually 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 INSPEC- TION 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 communica- tion 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 activi- tiesare reviewed by the Communications and Technology Advisory Committee. 3 081610 meeting minutes Comments: Keeney: Asked if there is any criterion the City follows to place other organization's notices on Website. Peterson: Responded that any non-profit organization can use our Website calendar for their community events. 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. Erickson: Suggested a link be provided to other school districts who serve portions of the City such as Shakopee and, in the future, Jordan. Peterson: Agreed. Erickson: Commented how social networks such as Twitter and Facebook can disperse emergency in- formation exponentially. Millar: Commented that the City communications has 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 that about Crest Avenue strip- ing. Peterson: Responded that when an issue of importance comes before the Council, he uses all of the communication tools to get the news out. Millar: Suggested to residents that they sign up for the City for a-news so they can get as much informa- tion 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 yet available due to industry shortages. Commented that this could 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 is- sue 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 usage going up dramatical- lythis summer and the pay lot was full, the streets were full and people are cutting through lawns. The Council sought solutions so everyone who wanted to come to the park could. Removal of the parking fee was considered as well as an additional parking lot. Some people need to have closer parking to accom- modate their needs. Commented that the attractions to putting parking along Crest were to reduce speed on that street, minimal cost, and the street has a 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 places where parking would stop to allow for room to get into the park. Stated that much consideration was given to eliminate problems and not cause new ones. Agreed a meet- ing should be held so all can have their input heard. 4 081610 meeting minutes 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 AVE- NUEPARKING. VOTE: Ayes by Myser, Erickson, Keeney and Millar. The motion carried. NEW BUSINESS 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 Reso- lution 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 gathering from other communities, MnDOT, County, businesses, residents and the Economic Development Advisory Committee (EDAC). Stated that the EDAC supports the sign ordinance and wants the City to remain responsive to the needs of people in the commu- nity. Stated that work sessions and a public hearing have been held. Criteria for revision of the sign ordin- ance included that it be user friendly, offer choices to business owners, allow consistency of enforcement, address changes in technology and case law, not favor commercial over non-commercial, maintain aes- theticqualities, and entail modest cost to the City. Spoke of definitions added to the ordinance to enhance clarity. Reviewed proposed changes to the ordinance. Provided 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 them- selves (such as election season). The ordinance has to allow no favoritism to commercial signage and provide the same opportunities for non-commercial. The Citycan provide parameters about location and size and time frame. 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 residential areas; and churches, schools and marinas are al- lowed in residential areas. The zoning administrator can determine on a per case basis whether the ban- nercan be on a fence or the principal structure. Pace: Added that the ordinance wants to provide opportunity to have banners, but they should be not ob- trusive 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 dis- tricts for specific events. Pace: Commented that problems with nonconforming signs are anticipated and noted that the Council can consider whether it wants to grandfather in signs that are legal now, but will become illegal with the new ordinance. 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. 5 081610 meeting minutes Parr: Such a sign is an off-premise sign. Believes allowing it opens the door to billboards and the City los- es 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 allowed and was specific to rural communities with a bypass or other specific criteria. Our sites were vi- sited 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 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. Agreed that banners seem to be a type of sign that generate contention noting that this ordinance will sunset banners. Concern was expressed about space for sand- wich boards on sidewalks and meet 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 requirements regarding size and location. Keeney: Stated this proposed ordinances observes first amendment rights, safety, nuisances and the var- ious 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 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 setback needs or distance from other sandwich boards. Erickson: Stated that enforcement is key noting that some signs are set up on weekends when the en- forcementofficer is not working. Asked if staff had thoughts on enforcement during the evening and week- end 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 violators are expected to cease if their sign has been repeatedly removed and the City can cite them if they continue. In egregious situations, the City can seek a Court order. Noted that 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 amend- ments and placed a good balance in this ordinance of supporting business as well as safety and aesthetic issues for residents. Keeney: Noted that a provision has been added for a fine and that it may be an effective way to deter vi- olation and fund enforcement if the fine is used. 6 081610 meeting minutes Erickson: Stated that the ordinance should not be enforced on a complaint basis, but rather where staff observes violations. Millar: Asked if the code enforcement officer will be able to conduct enforcement of this ordinance. Boyles: Replied that he could be directed to focus on signs; but moving to one focus will take away 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 SUMMARY 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 SEC- TIONS 1102.809(5) AND SECTION 1101.400 OF THE ZONING ORDINANCE. Keeney: Queried whether findings should be recited with the motion. Pace: Concurred that findings articulate what he Council believes the ordinance does to serve a legitimate government purpose such as health, safety or aesthetics that makes the actions appropriate. 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 residents, to balance the constitutional requirements of the 1St and 14th amendments with considera- tions ofsafety such as height and location illumination that can create hazards, eyesores and aesthetics and, specifically, some of these considerations can vary by use districts such that different regulations may be appropriate 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 SEC- TIONS 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 CHARAC- TERISTICS IN THE CITY, TO PROTECT THE CITY AND ITS RESIDENTS, TO BALANCE THE CONSTI- TUTIONAL REQUIREMENTS OF THE 1ST AND 14TH AMENDMENTS WITH CONSIDERATIONS OF SAFETY SUCH AS HEIGHT AND LOCATION ILLUMINATION THAT CAN CREATE HAZARDS, EYE- SORES 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. 081610 meeting minutes MOTION BY KEENEY, SECOND BY ERICKSON TO DIRECT STAFF TO EXAMINE AND REPORT ON ENFORCEMENT 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 Sewer 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 not- ing that future 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 100-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 com- pletely saturated 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 sys- tem 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 o s, City Manager ~~ 3~~~n~~1~C Charlotte Green, Administrative Asst. 081610 meeting minutes 8