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HomeMy WebLinkAboutDraft November 15, 2010 Meeting Minutes4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 15, 2010 CALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Council members Erickson, Hed- berg, Keeney and Millar, City Manager Boyles, City Attorney Pace, Public Works Director /City Engineer Al- brecht, Assistant City Engineer Poppler, Water Resources Engineer Bintner, Finance Director Erickson, Fire Chief Hartman, Building and Transit Services Director Kansier, Community Development and Natural Resources Director Parr, Assistant City Manager Meyer, Communications Coordinator Peterson and Ad- ministrative 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: Dawn Schulberg, 4616 Colorado Street, representing Schulberg Enterprises and Premiere Dance Academy, spoke regarding using the Colorado Street lot as a park and ride. Displayed pictures showing congestion on the adjacent street. Stated that she surveyed dance academy clients and provided that feedback to City staff. Stated her business currently serves 570 families with 1500 visits per week. Listed other downtown businesses whose clients use that parking lot. Opposes a park and ride at this site and suggested other areas that could be used for a park and ride. Asked for consideration of safety of kids that cross the street to access the Dance Academy. Urged the City Council to consider all aspects. Mary Korthour, Vice President and General Manager of Integra Telecom, stated the Colorado Street parking lot is utilized by Integra Telecom throughout the day with 500 -600 customers who stop in each month and there will be no place for them to park if the lot is full of park and ride customers. Chris Anderski, 15037 Hillside Trail in Savage, stated that Schulberg is his client. Described the financial sacrifice made by Schulberg to construct the Premiere Dance building which is a significant improvement to downtown and provides a tax base for the City. Stated Premiere Dance relies on the Colorado Street park- ing lot to provide parking for its customers. Believes a park and ride location should be visible from major streets and isolated from residential and business areas. Lyaman McPherson, 16282 West Ave, spoke on behalf of the VFW and himself. Stated that the Colorado Street parking lot is jam packed by late afternoon. When CR 21 is widened, Integra will lose some of their parking. Recommended using Lakefront Park as a park and ride stating that it is a proven route. Agreed the City needs a park and ride, but not on Colorado. Phone 952.4.17.9800 / Fax 952.447.4245 i www.cityofpriorlake.com APPROVAL OF AGENDA City Manager Boyles requested that New Business item, Consider Approval of a Resolution with Respect to the Local Board of Appeals and Equalization (LBAE) be revised to read Consider Approval of a Report with Respect to the Local Board of Appeals and Equalization. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE NOVEMBER 1, 2010, MEETING MINUTES AS PRESENTED, VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE THE NOVEMBER 8, 2010, MEETING MINUTES 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 October 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 Resolution 10 -108 Accepting Donations and Grants to the City during the 2nd and 3rd Quarter of 2010. G. Consider Approval of Resolution 10.109 Authorizing the Mayor and City Manager to Enter into an Amend- ment to the Cooperative Agreement with the Metropolitan Council for the Purchase of a Bus as Part of the Jobs Access Reverse Commute (JARC) Grant Funds. H. Consider Approval of Resolution 10.110 Approving an Agreement for a Private Donation Bin to be Located on Public Property. I. Consider Adopting Ordinance 110.06 Rescinding Section 309 of the City Code of Ordinances Relating to Body Art Establishments. J. Consider Approval of Resolution 10 -111 Extending the Deadline for Recording the PUD Amendment for Hickory Shores. Councilmember Erickson requested that 5H be removed from the Consent Agenda for comment. Councilmember Keeney requested that 5F be removed from the Consent Agenda for comment. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODI- FIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. 2 DRAFT 11 15 10 City Council meeting minutes Erickson: Commented that the donation bin would be operated by the VFW for Disabled Veterans of America, Keeney: Expressed a thank you to the organizations and individuals who made donations and grants to the City totaling $300,000. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE 5F AND 5H. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried, PRESENTATION No presentation was scheduled, PUBLIC HEARING Public Hearing to Consider Approval of a Resolution Ordering the 2011 and 2012 Improvement Pro- ject and Preparation of Plans and Specifications (Boudin's Neighborhood). City Engineer Poppler provided a PowerPoint presentation to display the area and sequence of the re- construction project. Described existing conditions of the streets, watermain, storm sewer and sanitary sewer, Stated the proposed improvements include narrower street widths, curb and gutter, street lights and sidewalks; and added that the voluntary programs of raingardens, urban reforestation and driveway recon- struction are proposed to be offered. Rainbarrels and impervious driveways may also be considered. The City will be partnering with the Prior Lake - Spring Lake Watershed District and the Scott Soil and Water Conservation District to conduct a property- specific analysis of the benefit of the water quality improvement systems. Spoke of financing resources: bonds, assessments, water quality funds and grants, Stated the to- tal project cost is anticipated to be more than $4.5 million and the unit assessment estimated at $8,200 per unit will cover $1.2 million of the cost. Benefit appraisals have been conducted. Appraisals show no benefit to the commercial lots because their access points are not in the construction zone. Residential properties all show benefit in excess of the proposed assessment. The Assessment Review Committee met to de- termine the most appropriate assessing process and recommends the unit assessment method. The committee recommends removal of commercial property from the assessment roll, a balanced assessment for both project phases, street width reductions and no parking signage in some areas. An informational meeting was held for residents in the project area and Poppler related discussions from that meeting. An- other neighborhood informational meeting will be scheduled when the design is closer to completion so property owners can learn how the design will impact their specific property. Comments: Keeney: Asked if a public hearing will be held about the actual assessment amount. Poppler: Responded with information about future public hearings for assessment hearings in 2011 and 2012. Keeney: Clarified there will be no public hearing on the design. Poppler: Replied that open house types of meeting will be held where residents can speak with designers. 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 6:59 p.m. 3 DRAFT 11 15 10 City Council meeting minutes Comments: Mary Miller, 14359 Watersedge Trail, has lived at this location for 32 years and supports the project. Be- lieves it is the same as maintaining ones home and yard; that it is important to have a neighborhood with nice streets and we have to pay to take care of things. Paul Schuneman, 14375 Watersedge Trail, thanked Poppler for listening at the neighborhood information- al meeting stating that many of the questions from that meeting were addressed in the report. Stated that a petition was submitted last year requesting to have this project moved up on the schedule. Now people are being asked to pay for the road and may feel they should not have signed the petition, Stated that 89 residents have signed a petition that they do not support the project as it is proposed. Believes the current conditions are due to lack of maintenance. Does not see the need to have a sidewalk. Believes curb and gutter and a new surface will turn the roadway into a racetrack. Stated most people are not happy with the barrier curb style, Asked why some of the sewer will not be replaced, Questioned elevating roadway sur- faces and expressed the belief that will cause drainage issues. Questioned the number of units included in the assessment area. Stated the roadway should be resurfaced to last another ten years before recon- struction is done. Matt Workman, 14468 Watersedge Trail, stated that elevating Watersedge Trail will include tree removal and he is opposed to that. Concerned that changing the grade of the roadway could cause water drainage toward the house. Stated he would like to work with the Council and asked the Council to keep residents involved before approving the plans. Bob Miller, 14359 Watersedge Trail, stated the streets are an embarrassment and need to be repaired. Knows it is costly, but it needs to be done. Lee Smith, 14358 Lois, recognizes the need to reconstruct the street but questioned the need for side- walks. Burt Boisvert, 14387 Watersedge Trail, has lived at his location for more than 20 years. Asked what tax- es he paid have been used for and asked if they couldn't help pay for this. Spoke of traffic speeds in the area expressing concern that Lois Avenue might be opened through to Rutgers Street and result in in- creased speeds. Believes that would be a safety issue. Kalli Ostlie, 14419 Watersedge Trail, asked about appraisal specifics and whether her property will be benefitted to the extent of the assessment. Questioned whether the feasibility report supports the conclu- sion to reconstruct. Proposed that assessments should be 20% of the project as referred to in statute ra- ther than 40 %. Michael Van Arc, 14346 Rutgers Street, would like to see existing elevation and proposed elevations for each property. Ron Wiese, 6830 Boudin Street, has lived here for 43 years. Stated he does not want to lose his proper- ty's trees to sidewalks. Questioned whether the appraised value show benefit to his property if 40- year -old trees are lost. Dave Lind, 14144 Rutgers Street, supports replacing streets, but does not want sidewalks at the expense of losing trees. Suggested placing sidewalks only where needed for safety. Stated the neighborhood gave up a lot for someone to achieve the financial benefit of developing commercial property and believes it is not fair to the residents to bear the full cost of reconstruction even if there is no economic benefit to the de- veloper. Does not want to pay to reconstruct streets when commercial property owners are not paying a share. Elaine Grendahl, 14221 Natalie Road, concurred with remarks on whether commercial properties should be assessed. Would like to have curbs. Stated the road is unsightly and dangerous and she wants a fix that will last more than a few years. Does not support sidewalks if it causes loss of trees. Asked if the property owner assessment will be applied before work is completed. 4 DRAFT 1115 10 City Council meeting minutes Roger Anderson, 14234 Natalie Toad, expressed concern about connecting Lois to Rutgers and taking away part of the park. Would prefer to have surmountable curb and gutter throughout the neighborhood stating it is safer for bicyclers. Suggested building wider streets or bike lanes rather than sidewalks. Adam Clarke, 14407 Watersedge Trail, supports the project from a safety perspective. Asked for consid- eration of burying power lines. Mary Kubat, 14399 Watersedge Trail, supports the project. Would like power lines buried. Would like parking on both sides of the street. Asked if it is possible to have the option of making payments over 15 years if finances are difficult. Gail Lind, 14144 Rutgers Street, added that sufficient lighting should be provided. Commented on traffic speed and said that increased signage would be helpful. Asked whether the association's lot is buildable, how it will be assessed and who will pay for it. Poppler: Replied the assessment can be distributed among the people who live in the association. Michael Wright, 14300 Timothy Avenue, commented that commercial entities use Timothy to access the commercial property so believes the commercial properties should be assessed which would result in sav- ings of hundreds of dollars for each resident, Concerned with the hours of operation that are being pro- posed for this project. Would like hours of heavy machinery operation restricted, and that machinery warm - up or workers arriving before 7 a.m, to not be allowed. Believes there should only be surmountable curbs for safety reasons because they allow for children to get off the roadway in the event of traffic. Barrier curbs are harder for residents to maintain and use. Ron Wiese, 6830 Boudin Street, asked who would be responsible for snow removal, maintenance and lia- bility if sidewalks are built. Jason Bruestle, 14376 Lois Avenue, questioned having a sidewalk south of the park as it has no apparent destination, Asked about property valuation after the reconstruction is completed and whether that will re- sult in increased property taxes. Questioned whether the association lot is buildable stating that an ease- ment was given on each side of a picnic shelter that was built there. Ryan Matthews, 14413 Watersedge Trail, does not support doing the project at this time. Believes that the construction traffic will cause problems with sewer lines that are not intended to be replaced. Believes there is a cost advantage to placing surmountable curb throughout the entire project area rather than hav- ing some areas with barrier curb. Burt Boisvert, 14387 Watersedge Trail, questioned whether Grayling Circle is a legal street and expressed concern about taking down the trees there. Kalli Ostlie, 14409 Watersedge Trail, stated there was mention of tax deductibility of assessments at the information hearing and asked if staff knows if it is tax deductible. David Singer, 14268 Rutgers Street, questioned what choice there would be about payment of assess- ments if the assessment hearing is held after the work is done. Asked if bids are considered firm bids when they are received. Asked if assessments could be paid for over 15 years. Asked how communication will be provided to residents when planning changes occur. MOTION BY ERICKSON, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING, VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried and the public hearing closed at 8:17 p,m. RECESS A recess was called at 8:18 p.m. RECONVENE Mayor Myser reconvened the meeting at 8.23 p.m. 5 DRAFT 11 15 10 City Council meeting minutes Public Works Director and City Engineer Poppler responded to comments and questions from the public hearing. Replacement vs. repair of sewer pipes Areas selected for replacement were shown on the overhead. The remaining sewer lines are planned for sliplining which is expected to last fifty years — the life of the streets, Elevating roadways The goal of the project is to elevate roadways where possible, but drainage patterns will not be changed to cause drainage onto properties. Many properties need more design work and more meetings will be held so residents can learn impacts to their properties about drainage, driveways, trees, etc. Assessable Units There are 152 units. Some do not have an address on the map and it may have been difficult for residents to ascertain them. Removing the three commercial units brings it to 149. The Grayling apartment units will be examined to see if they will change the number of assessable units. Resurfacing vs. reconstruction It is necessary to build streets to a 40 -50 year lifespan as the City is unable to get back to an area sooner than that, There are bonding constraints — the neighborhood pays 40% of the cost, but the general taxpayer base is picking up 60% of the costs, The City has limits within which it can sell bonds annually without significantly impacting taxes and it tries to stay within those limits. To do that a street reconstruction plan has been developed that allows all of the streets to be recon- structed every 40 -50 years and prioritizes those with the greatest need. Resurfacing is only a band aid that allows perhaps another 10 years of life and does not address any infrastructure needs be- neath the surface. This project had the worst streets so this project was moved up to be completed first, It is where the public's dollars are best invested at this time. Sealcoating will no longer ex- tend the life of this roadway as these streets have poor sub -soil conditions. Sidewalks The City will not be back to do any significant work in this neighborhood for 40 -50 years so if side- walks are not constructed now, they will not be for that period of time. Design will consider connec- tivity throughout the region and whether sidewalks make sense to provide better access for the next 50 years. The right decision for the neighborhood for the long term must be made now. The impact of sidewalks should be studied and then a decision made about whether to include them. If sidewalks are put in place, the City will address appropriate snow removal in the snow mainte- nance policy. Trees Sanitary sewer and watermain repairs on Watersedge Trail will probably cause the loss of trees. Sliplining in that area is not effective because there are sags in the pipe and sliplining cannot re- move sags. There are significant trees in Grayling Circle and it is unknown at this time whether or not they can be saved. Resident involvement in the process The City mails newsletters before and during construction as well as notice of informational meet- ings. Sliplining Sliplining will be done for some lines because replacing all watermains is not affordable or neces- sary, The materials used during construction during the 1970s have corroded and some decisions about replacement may be made in the field when it is judged to be necessary. DRAFT 1115 10 City Council meeting minutes Connecting Lois to Rutgers It is not recommended as it would result in losing the ball field and it would add another block of roadway that has no units fronting on it. Safety and Traffic It is recommended the Traffic Safety Advisory Committee look at the speed issues. Speed meas- urements can be taken; but streets are so narrow that there may be a perception of greater speed than actual. Neighborhood streets are 30 mph in Minnesota unless designated otherwise as a re- sult of a traffic study. Appropriate signage could also be addressed by the TSAC as well as visibil- ity from Grayling Circle. Consideration is being given to restricting commercial vehicles from Timothy. The neighborhood can petition if they want restrictions and signage on their streets. Grayling Circle The street has right -of -way so it is a legal street. Appraisals Appraisals were conducted on lake lots, off -lake lots, empty lots and higher and lower -value homes. A range of $13,000 to $56,000 of benefit was found for all properties. Commercial proper- ties were found to have no added value. The City is not allowed to legally impose an assessment if an appraisal does not support increased special benefit to the property. The City's assessment policy assesses property owners for 40% of street and storm sewer reconstruction. The remainder of the cost is borne by the entire taxpayer base of the City or the sewer, water or water quality fund. A departure from that would require a change of policy. The Assessment Review Committee will be reconvened to talk about assessment and interest rates with the intent of bringing a report to the Council prior to assessment hearings for this project. The assessments appraisals are not submitted to the County to be used for valuation purposes, Assessments Assessments are not paid in advance of the project. A second assessment hearing will be held for the second phase of the project. There have been projects where the scope has increased which increased costs. Assessment is based on all knowledge at the time. Some things must be pro- jected such as the wear course which is laid the following year. Current length of term for payment of assessments is ten years; but the assessment policy is scheduled for review before completion of this project and the length of term of payment can be considered. There is a deferral option for payment of assessments if parameters are met; but those assessments would still need to be paid before the property could be transferred to a different owner. The 20% statutory amount for an assessment is the minimum amount required to be assessed in order for the City to use bonding financial tools as set out in Statute 429. It has no relationship to decisions about allocating the ratio of tax dollars and assessments as outlined in the City's as- sessment policy. Petition This is a Council- initiated project rather than a petition- initiated project so there can be no valid pe- tition. A petition received two years ago was a request to do something for the street, but that peti- tion did not have enough signatures to act as a formal petition for the project. Tax Deductibility The City does not provide tax advice on whether assessments are deductible on personal income tax returns. Street Lights New lighting is being proposed as part of this project. Any lights malfunctioning at this time will be replaced. 7 DRAFT 11 15 10 City Council meeting minutes Curb and Gutter Surmountable curbs are usually placed in new developments where houses are not yet built. More sod damage from snow plows can occur with that kind of curb. Barrier curbs can handle more wa- ter in high drainage volume streets which helps keep it off the drivable surface. The City is not holding a strong opinion about which kind of gutter to install and if direction is given to install all surmountable curbs, it could be done. Underground Power Costs are prohibitive to move the overhead power to underground. It is approximately $200,000 to bury the services plus an average of $1200 per household. Hours of Construction Operation Ordinance identifies construction hours from 7 a,m, to 7 p.m. weekdays which refers to use of the combustible engines; not the personnel. Actual operations might be extended to fill a hole and get the roadway back to drivable condition each evening. It is in everyone's best interest to keep the contractors on task to get the project completed, Workers can be asked to park their personal ve- hicles in areas with less density. Comments: Hedberg: Complimented residents who came to this public hearing. Believes the City needs to move for- ward with project, Reiterated points of why the streets need reconstruction rather than resurfacing: bad soils, several sections of sewer and water are in bad shape and need replaced and water quality improve- ments. Believes the project should have surmountable curbs except at corners and water catchment ba- sins and use of sidewalks should be studied to learn if they provide benefit, especially if loss of trees can be avoided. Asked if trees will be planted, or should be, along Watersedge Trail. Poppler: Replied that the watermain and sewer are along that side of Watersedge Trail and planting over such infrastructure is not recommended as it would have to be removed with future maintenance or re- placement. Millar: Also complimented residents for their participation and courtesy. Assured that staff will continue to be in communication with residents. Recapped the commitment of the Council to establish a street recon- struction plan and timeline. Hopes for good bids and that assessment amounts will be less than estimated. Agreed that the benefit of including sidewalks in the project should be studied. Will support. Erickson: Asked if a timeline for completion of the project can be added to the contract. Poppler: Replied that the City has not had issues with delayed projects, but stated he could query what the County has learned from their experience on CR 12. Keeney: Stated his general philosophy is to get as many years of life out of something as possible, but agreed it is time to do reconstruction in this neighborhood. Will support. Believes sidewalks are important for safety so will support sidewalks on Boudin and Rutgers. Favors saving the trees when able to do so. Commented that appraised benefits are significantly higher than the proposed assessment. Reiterated that 40% of the street and storm sewer are being assessed to the property owner; and the rest of the City is ab- sorbing the cost for the remainder of the project. Believes that is a fair policy and does not support chang- ing that balance. Does not support losing the park in the neighborhood in order to connect the streets. Would support surmountable curb if that is desired. Believes it is the nature of a commercial property to not show an appraisable benefit for this kind of reconstruction. Would support no parking restrictions on the north side of Timothy which should discourage some of the commercial traffic; and, if necessary, would support no parking on both sides. DRAFT 11 15 10 City Council meeting minutes Myser: Commented that it seems the neighborhood really needs the work to be done. Questioned if the reason the property owners signed the petition is because of some particular component, such as side- walks. Asked how important it is to do the sewer and water on this project. Albrecht: Replied it is very important with the biggest concern being that of water service. Described the condition of the watermain explaining that the connecting attachments are completely corroded and it is the dirt that is holding the water service together. Stated the street would not be rebuilt if the water service did not need replacement, and there can be liability if the City does not maintain the sewer line. Summarized that when putting a 40 -50 year road on the surface, the infrastructure below should be replaced as the most expensive part of repairing sewer and water is the street and the work should be done as one project in or- der to avoid duplicating costs. Myser: Asked what would happen to the future of the road if residents did not want the project, Albrecht: Replied the City is still responsible for safety and maintenance of a level of service; so a delay would just defer it to a future generation at a likely higher cost. Streets and infrastructure need to be taken care of in a timely schedule to avoid peaks of costs and resulting peaks in tax levels. Myser: Stated he would keep an open mind if future details prove the residents do not want the project. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 10 -112 ORDERING 2011 AND 2012 IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR GRAY- ING CIRCLE, RUTGERS STREET, WATERSEDGE TRAIL, BOUDIN STREET, DENESE STREET, LOIS AVENUE, NATALIE ROAD AND TIMOTHY AVENUE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. RECESS A recess was called at 9:50 p.m. RECONVENE Mayor Myser reconvened the meeting at 9:57 p.m. OLD BUSINESS Consider Approval of an Ordinance Amending Section 1102.1103 of the Zoning Ordinance. Community Development and Natural Resources Director Parr identified the City's six C -2 areas. Stated that the City Council has held a work session regarding the topic of liquor regulations in a C -2 dis- trict, and the Planning Commission has conducted two public hearings on the topic. She listed the con- cerns that were expressed at those public hearings. Stated that the Planning Commission expressed a de- sire that individual locations should provide mitigations on the aspects of hours, setback measurements, buffering, liquor license, delivery, refuse pickup, outdoor smoking and outdoor seating. The Planning Commission recommends denial of the proposed amendment due to lack of consensus on setbacks, The Economic Development Advisory Committee indicated support for the amendment. Described proposed changes to the ordinance and spoke of Conditional Use Permits as a tool for mitigating individual locations. Comments: Erickson: Commented that the City is unique among other cities in having such restrictions. Expressed concerns regarding smoking and suggested there be no public access /egress in the back of a building to avoid having patrons smoking near a residential area. Understands concerns of people in nearby residen- tial areas, but believes there is an economic development aspect to be considered. Believes common sense can be applied in a Conditional Use Permit to accommodate both. Stated if the current ordinance is 9 DRAFT 11 15 10 City Council meeting minutes maintained, there are places with current liquor licenses that would not qualify to have one. Will support the amendment. Keeney: Commented on specifics of the Planning Commission public hearing stating that a number of people spoke who abut a C -2 site and nearly all spoke against this change. A potential business owner spoke to say they could not find an existing site in which to open their business. No existing business own- ers were at the public hearing indicating they could not attract tenants because of current ordinance. Stat- ed the Planning Commission voted against the language as it was proposed and they had an opportunity to clarify their vote if they wanted to. Believes it changes the economics of existing buildings to put in a res- taurant with liquor, but nothing prevents someone from remodeling in the C -2 districts to meet the 100 -foot setback that already exists. Believes the Planning Commission had consensus on limiting a liquor license to beer and wine only and a start time of 10 a.m. Asked that those additional conditions be added to the proposed amendment. Would like presumptive language to put the burden on the applicant to show the mitigations are sufficient for increasing the intensity of the use on a site by site basis. Does not support the proposed amendment. Hedberg: Believes family, bistro -type businesses would be an asset; the 100 -foot setback should be measured from the primary public entrance; and both the Gateway and Crossroads sites would be suitable for family, bistro -style restaurants. Supports the amendment if the setback is measured from the nearest primary public entrance. Millar: Queried whether any outdoor events would be allowed. Parr: Replied they would not; this ordinance would prevail over the outdoor event ordinance. Pace: Indicated she would want to research the question to clarify what it means in this proposed amend- ment. Millar: Stated he would not support allowing outdoor event permits for such sites, Believes there is a need to balance residential and new business development in the community. Supports restricting hours and agreed that the setback should be measured from the primary public entrance. Believes the use should be site specific and should remain a CUP. Stated that if smoking has been a problem, he would suggest having a buffer. Will support. Myser: Believes a CUP can do a good job regulating the type of facilities that go into these spaces, Does not perceive concerns with safety, health and welfare issues. Thinks buffers might provide good sound re- duction. Supports that there should be no outdoor event venues and that the 100 -foot setback should be from the primary public entrance. Erickson: Concurred except for smoking. Believes noise will emanate from where people gather outside to smoke and smoking should not be allowed on the residential side of the business. Hedberg: Responded that if people begin using entrances in the back of buildings, it would be a violation of the CUP and grounds for revoking the license. Businesses have to know that they cannot let their patrons use these entrances. Keeney: Suggested changing language to "public entrances to the restaurant shall be through a vestibule area with an inside and outside door and in all cases shall be at least 100 feet from any property in an R district" as then all public entrances would have to be at least 100 feet from residential. In a large building, the size of the building pushes customers closer to the residential area because that is where the parking is. Concerned about trying to tweak proposed language too much after all of the deliberate considerations that have been made as that could open it up to scenarios not considered. Will support any additional re- strictions. Millar: Stated that comments by residents were clear about current smoking behind buildings by employ- ees. Therefore, he believes there should be a buffer behind the buildings to contain that situation. Keeney: Noted that a bufferyard is included as condition "c." Stated that the Gateway location has no room for a bufferyard that would meet condition "c." 10 DRAFT 11 15 10 City Council meeting minutes Pace: Concurred that location is a problem for meeting the conditions in the proposed ordinance and the area behind the building has an easement so the City would need to have access to it. Keeney: Stated the number of hours that people stay at a restaurant is increased by serving alcohol. Res- taurants that do not have alcohol do not stay open as late. Believes alcohol will be hard to mitigate for the neighbors and they will suffer for it, Erickson: Concurred that Gateway does not fit the ordinance being discussed and Council should look at the areas that do fit. Pace: Stated that when considering an amendment, it is not appropriate to consider a specific site and gear the amendment to fit that site. Keeney: Believes that rear entrances, dumpsters and nearby residences are typical for all sites being con- sidered. Hedberg: Stated the City has six areas that are C -2; five of them particularly relevant. Several of them have existing buildings. Stated that it is hard not to consider the buildings that are already there when con- sidering the potential amendments. Keeney: Suggested that the City will have what it wants for the future if the ordinance is tailored to be what is wanted and existing businesses are grandfathered -in. Boyles: Reviewed the consensus as being revision of "d" to read the nearest primary public entrance shall be located a minimum of 100 feet; and no outdoor events nor outdoor amplified music or public address shall be permitted, Hedberg: The way "d" is constructed, if the nearest primary public entrance is over 100 feet from residen- tial, the location does not have to meet these requirements; but the subrequirements should apply, The language needs redrafting so the subrequirements are addressed. Keeney: Stated the move the 100 -foot requirement should be moved to "d," third bullet. Pace: Recommended the ordinance should be brought back to the Council with findings of fact. MOTION BY ERICKSON, SECONDED BY MILLAR TO DIRECT STAFF TO MAKE THE AMENDMENTS DISCUSSED, BRING BACK A RESOLUTION WITH PROPOSED FINDINGS OF FACKTSUPPORTING THE PASSAGE. KEENEY MADE A MOTION TO AMEND THE MOTION TO ADD A CONDITION THAT THE LIQUOR LI- CENSE BE LIMITED TO BEER AND WINE ONLY AND THERE SHOULD BE A 10 A.M. START TIME, RATHER THAN 7 A.M. The proposed amendment died for lack of a second. Mayor Myser called for a vote on the main motion, VOTE: Ayes by Myser, Erickson, Hedberg and Millar. Keeney opposed. The motion carried. MOTION BY HEDBERG, SECONDED BY KEENEY TO SUSPEND THE 11 P.M. ADJOURNMENT RULES IN ORDER TO COMPLETE ITEMS 9D, 9E, 10A AND 10C BEFORE ADJOURNING THE MEETING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar, The motion carried and the remaining agenda items were deferred to the December 6, 2010 meeting. Consider Approval of a Report on the Survey of Downtown Businesses on the Use of the Colorado Street Municipal Lot as a Park and Ride Lot. Building and Transit Director Kansier stated that surveys were sent to 76 downtown business owners. Twenty -six responses were received. Reviewed responses with the Council. Stated that the businesses that would be most impacted are Premiere Dance, Integra Telecom and the VFW, Stated that an additional DRAFT 11 15 10 City Council meeting minutes 25 responses were received from people who identified themselves as patrons or employees of Premiere Dance and all of them were in opposition to using the Colorado Street lot as a park and ride. Comments: Erickson: Believes a park and ride should be available for people in Prior Lake. Stated that transit dollars are being funneled to lots outside of the City. Understands that the City lots, such as the Colorado Street lot are being used and local businesses may have been told the lots would be available to them in the fu- ture. Asked why Lakefront Park is not a good option. Kansier: Replied that the coach buses have difficulty negotiating the turns in the park; and, in the winter the upper lot is used for snow storage. Erickson: Added that Lakefront Park is not as accessible for walkers. Asked about the former Joe's Pizza location. Kansier: Replied that lot has about ten stalls adding that the VFW,uses that site for parking, Erickson: Suggested that if that is where the bus stopped, people would arrange to either park there or the Colorado lot, but the focus would be at that location instead of Colorado. Stated that the site (Joe's Pizza) was purchased with transit monies and it might have a benefit of being closer to the residential area for people who walk to transportation. Kansier: Stated she has no information about the number of people who walk to catch the bus. Com- mented that the location could be used, but it is very small. Keeney: Stated he does not believe a viable park and ride can be built in downtown as it should be at least 200 stalls and research shows the park and rides people prefer are even larger, Does not believe anyone will walk to downtown to catch the bus. Does not support continued research about a downtown park and ride. Hedberg: Stated he is glad the survey was undertaken as the specific feedback from specific businesses was valuable and shows they believe it will hurt their business. Using the Colorado lot for a park and ride does not make sense, but is open to learning about locations other than Eagle Creek or downtown, Agreed the City currently does not have a pedestrian - friendly downtown. Millar: Does not believe a downtown park and ride will work and would use parking spaces in downtown in areas that have been reported for years as having inadequate parking. Could support looking at an alter- native site in the community. Myser: Asked what kind of buses were in the park during the Jazz Festival. Kansier: Replied that school buses were used and they are smaller than the transit system coach buses. Myser: Agreed it was good to have undertaken the survey and the City learned it would negatively impact the downtown businesses. Agreed this is not an appropriate place for a park and ride. Stated that, de- pending on conditions that occur with CR 21 changes, he will be open to new suggestions. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO EXPLORE ALTERNATE SITES FOR A PARK AND RIDE IN CENTRAL PRIOR LAKE, EXCLUDING DOWNTOWN. Myser: Stated he does not see viable alternatives and does not want to use staff time on further research. Keeney: Concurred with Myser. Recalled the discussion started with property the City owns; but other sites might have to be purchased or leased and that would be a different study. Erickson: Stated the City is currently renting property from Safe Haven so discussion began with the de- sire to move the park and ride from Safe Haven and make it more convenient. VOTE: Ayes by Erickson, Hedberg and Millar. Myser and Keeney opposed. The motion carried. 12 DRAFT 11 15 10 City Council meeting minutes Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construc- tion Contract for Water Quality Maintenance and Retrofit Project (City Project #11 -012). Water Resources Engineer Bintner reviewed bids received for the 2011 water quality project. Stated this project represents a recurring capital expense paid by the water quality utility fund and maintenance pro- jects are planned for every other year for the next five years. The intent of the projects is to maintain and upgrade sites to maximize clean water outcomes. Comments: Millar: will support. Hedberg: will support. Keeney: Queried whether there is an explanation for the spread of the bids received. Bintner: Replied he spoke with the lowest bidder and they express confidence in their ability to complete the project. Added that they have efficiencies the others could not provide. Erickson: Glad to see a local company is getting the bid. Myser: Will support. MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE RESOLUTION 10 -113 AWARDING BID FOR THE 2011 WATER QUALITY MAINTENANCE AND RETROFIT PROJECT TO QUIRING EXCAVAT- ING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD CONSTRUCTION CONTRACT ON BEHALF OF THE CITY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. NEW BUSINESS Consider Approval of a Report with Respect to the Local Board of Appeals and Equalization (LBAE). City Manager Boyles reviewed the County's query about whether the City Council wished to continue to serve as the Local Board of Appeals and Equalization, Stated that in Scott County, only Belle Plaine and Prior Lake continue to act as the LBAE. Comments: Keeney: Favors having the City Council serve as the LBAE as the Council has intimate knowledge of the town. Erickson: Asked if the City incurs any costs for serving as the LBAE. Boyles: Replied he is unaware of any potential City savings; but noted that the County would save money as none of its staff would be required to attend the Prior Lake meeting. Erickson: Considered that if the Council continues as the LBAE it incurs City staff time and Council meet- ing time. Boyles: Agreed the topic consumes one of the work sessions that could be used for another topic, Erickson: Commented that he recalled only one time the Council overrode the County's assessment. Supports having the County assume the role. Millar: Believes LBAE responsibility should be retained here. Stated the City had an influence on the eco- nomic consequences for the Village Market. Believes it is important to keep it local. Hedberg: Believes it should be retained at the City level providing improved convenience for residents by allowing them to appeal to their own City Council; the Council remains aware of conditions; and it provides the assessor a sense of accountability to residents and City. Myser: Concurred. 13 DRAFT 11 15 10 City Council meeting minutes MOTION BY HEDBERG, SECONDED BY KEENEY TO HAVE THE CITY COUNCIL CONTINUE IN THE ROLE OF SERVING AS THE LOCAL BOARD OF APPEALS AND EQUALIZATION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approval of a Resolution Appointing Two City Councilors to Serve on the Economic De- velopment Authority. City Manager Boyles related that the EDA enabling resolution has been amended and its bylaws updated to allow for a membership of two council members and three persons from the public. Interested council members were invited to contact the Mayor to express their interest. Mayor Myser spoke with the two council members who expressed interested and stated that both would do fine job representing city in this effort. Myser recommended Hedberg and himself as appointees to the EDA. A roll call vote on the resolution to affirm the appointment was taken with the following results: Myser: aye. Erickson: aye. Hedberg: aye. Keeney: aye. Millar: aye. The motion carried. OTHER BUSINESS Community Events Keeney: Stated that a number of people participated in the Five Hawks Elementary School Fun Run on the past Saturday morning. Several thousand dollars were raised for the family of a fireman whose child has medical issues. Thanked to all who showed up and helped. Millar: Thanked the City staff in attendance at the meeting noting they have put in a long day. Myser: Stated that Steve Nolton ran 4,000 miles to raise money for Krohn's Disease. Thanked students from the area schools who participated in a clean -up day in the area of Upper Prior. Chamber After Hours is scheduled for November 22 at Fong's from 4:30 — 6:30 p.m. The application deadline is November 24 for persons interested in serving on the Economic Development Authority. The Truth in Taxation hearing will be December 6. SCALE added water quality to its legislative agenda. Happy Thanksgiving. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Millar. With all in favor, the meeting adjourned at 11:40 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 14 DRAFT 11 15 10 City Council meeting minutes