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HomeMy WebLinkAbout11 15 10 City Council minutes 4646 Dakota Street SE P rior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES November 1 5 , 2010 CALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Council members Erickson, He d- berg , Keeney and Millar, City Manager Boyles, City Attorney Pace, Public Works Directo r/City Engineer A l- 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 A d- mini s trative 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 Econo m- 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 pla t- 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 P ublic F orum. Comments: Dawn S chulberg, 4616 Colorado Street, represent ing 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 vis its per week. Listed other downtown businesses whose clients use th at parking lot. Opposes a park and ride at this site and s uggeste d 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 a s pects. Mary Korthour, Vice President and General Manager of Inte gra 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 s ignificant improv e ment to down town and provides a tax base for the City. Stated Premiere Dance relies on the Colorado Street par k- ing lot to provide parking for its customers. Believes a p ark and ride location should be visible from major street s and iso lated from residential and business areas. Ly a man McPherson, 16282 West Ave, spo ke on behalf of the VFW and himself. Stated that the Colorado Street p arking lot is jam packed by late afternoon. When CR 21 is widened, Integra will lose some of their parking. Recommended using L akefront Park as a park and ride stating that it is a pr oven route. Agreed the City needs a park and ride, but not on Colorado. Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com APPROVAL OF AGENDA City Manager Boyles requested that New Business item, Consider Approval of a Resolution with R e spect to the Local Board of Appeals and Equalization (LBAE) be revise d 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 carrie d. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE NOVEMBER 1 , 2010, MEETING MINUTES AS PR E SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY KEENEY T O 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 R esolution 10 - 108 Accepting Donations and Grants to the City during the 2 and 3 nd rd Quarter of 2010. G. Consider Approval of Resolution 10 - 109 Authorizing the Mayor and City Manager to Enter into an Amen d- ment to the Cooperative Agreement with the Metropoli tan 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. C onsider Adopting Or dinance 110 - 06 Rescinding Section 309 of the City Code of Ordinances Relating to Body Art Establishments. J. C onsider Approval of Resolution 10 - 111 Extending the Deadline for Recording the PUD Amendment for Hickory Shores. Councilmember Erickson req uested 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 MO D- IFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. 2 1 1 15 10 City Council meeting minutes Erickson: Commented that the donation bin would be operated by the VFW for D isabled V eterans of America. Keeney: Expressed a thank you to the organizations and individuals who made donation s and grants to the City totaling $300,000. MOTION BY MILLAR , SECONDED BY KEENE Y TO APPROVE 5F AND 5 H . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. PRESENTATION No presentation was scheduled. PUBLIC HEARING Public H earing to Consider Approval of a Resolution Ordering the 2011 and 2012 Improvement Project and Preparation of Plans and Specifications (Boudin’s Neighborhood). City Engineer Poppler provided a PowerPoint presentation to display the area and sequence of the r e- 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 side walks; and added that the voluntary programs of raingarden s , urban reforesta tion and driveway reco n- struction are proposed to be offered. Rainbarrels and impervious driveways may also be considered. The City will be p artnering 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 t o- tal project cost is antic ipated to be more than $4.5 million and the uni t assessment estimated at $8,200 per unit will cover $1.2 million of the cost . Benefit appraisals have been con ducted. 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 C ommittee met to d e- termine the most appropriate assessing process and recommends the unit assessment method . The committee r ecomme nd s removal of commercial property from the assessment roll, a balanced a s ses sment for both project phases, street width reductions and no pa r king signage in some areas. An informational meeting was held for residents in the project area and Poppler relate d discussions from that meeting. Another neighborhood informational meeting will be scheduled when the design is clos er to completion so property owners can learn how the design will impact their specific prope r ty. Comments: Keeney : Asked if a public h earing 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 ope n house type s of meeting will be held where residents can speak with desig n ers. 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 1 1 15 10 City Council meeting minutes Comments: Mary Miller , 14359 Watersedge Trail, has lived at this location for 32 years and supports the project . B e- 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 info rmatio n- al meeting stating that many of the questions from that meeting were addressed in the report . Stated that a petiti on 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 su pport the project as it is proposed. Believes the current conditions are due to l ack 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. State d most people are n ot happy with the barrier curb style. Asked why some of the sewer will not be replaced. Questioned elevating roadway su r- faces and expressed the belief that will cause drainage issues. Questioned the number of units i n cluded in the assessment area. Stat ed the roadway should be resurfaced to last another ten years before reco n- struction is done. Ma tt W orkman , 14468 Watersedge T rail, stated that elevating Watersedge Trail will include tree removal and he is opposed to that. Concerned that changing the gra de of the roadway could cause water drainage toward the house. Stated he would like to work with the Council and asked the C ouncil to keep residents involved before approv ing the plans. Bob Miller , 14359 W atersedge T rail, stated the streets are an embarra ssment and need to be repaired. Know s it is costly, but it need s to be done . Lee Smith , 14358 Lois, recognize s the need to reconstruct the street but q uestioned the need for sid e- walks. Burt Bo isvert , 14387 W atersedge T rail , h as lived at his location fo r more than 20 years . Asked what ta x- es he paid have been used for and asked if the y couldn’t help pay for this. Spoke of traffic speed s in the area expressing concern that Lois Avenue might be opened through to Rutgers Street and result in i n- crease d sp eeds. Believes that would be a safety issue. K alli Ostlie , 14419 W at ersedge T rail, a sked about appraisal specific s and whether her property will be b e- nefitted to the extent of the assessment. Questioned whether the feasibility report supports the concl u sion to reconstruct. P roposed that assessments should be 20% of the project as referred to in statut e ra ther than 40% . Michael V an Arc , 14346 Rutgers Street, would like to see existing elevation and proposed elevations for each property . Ron Wiese , 683 0 Boudin Street, has lived here for 43 years . Stated he does not want to lose his prope r- 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, suppor t s replacing streets, but does not want sidewalks at the expense of losing trees. Suggest ed placing sidewalks only where needed for safety. Stated the neighborhood gave up a lot for someone to achieve the financial benefit of developing commercial proper ty and believes it is not fa ir to the residents to bear the full cost of reconstruction even if there is no economic benefit to the d e- velop er . Does not want to pay to reconstruct streets when commercial property owners are not paying a share. Elaine Gr en dahl , 14221 Natalie Road, concurred with remarks on whether commercial properties should be assessed. Would l ike to have curbs . Stated the r oad is unsightly and dangerous and she wants a fix that will last more than a few years. Does not support sidew alks if it causes loss of trees. Asked if the property owner assessment will be applied b e fore work is completed. 4 1 1 15 10 City Council meeting minutes Roger Anderson , 14234 Natalie T oad, expressed concern about connecting Lois to Rutger s and taking away part of the park . W ould prefer to hav e surmountable curb and gutter throughout the neighborhood stating it is safer for bicyclers. Suggested building wider streets or bike lanes rather than sidewalks. Adam C lark e , 14407 Watersedge T rail, supports the project from a safety perspective . Aske d for consi d- eration of burying power lines. Mary K ubat , 14399 Watersedge Trail , supports the project. Would like power lines buried. Would like park ing 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 L ind , 14144 Rutgers Street , added t hat sufficient lighting should be provided. Commented on traffic speed and said that increased signage would be help ful . Asked whether the association’s lot is build a ble, how it w ill 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 prope rty so b elieves the commercial properties should be assessed which would result in sa v- ings of hundreds of dollars for each resident. Concerned with the hours of operation that are being pr o- pose d for this project . Would like hours of heavy machinery opera tion 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 resident s to maintain and use. Ron W iese , 6830 Boudin Street , asked who would be responsible for snow removal, maintenance and li a- bility if sidewalk s are built. Jason Bruestle , 14376 Lois Avenue, questioned having a sidewalk sout h of the park as it has no apparent desti nation. Asked about property valuation after the reconstruction is completed and whether that will r e- sult in increased property taxes. Questioned whether the association lot is buildable stating that an eas e- ment w as given on each side of a picnic shelter that was built there. Ryan Matthews , 14413 Watersedge Trail, d oes not support doing the project at this time. Believes that the construction traffic will cause problems with sewer lines that are not intended to b e replaced. Believes there is a cost advantage to placing surmountable curb throughout the entire project area rather than ha v- ing some areas with barrier curb . Burt Boisvert , 14387 Watersedge Trail , questioned whether Grayling Circle is a legal street an d expressed concern about taking down the trees there. K alli Ostlie , 14409 W atersedge Trail , stated there was mention of tax deductibility of assessment s at the information hearing and asked if staff knows if it is tax deduct i ble. David S inger , 14268 R ut ger s S treet, questioned what choice there would be about payment of asses s- 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 hearin g c losed 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 1 1 15 10 City Council meeting minutes Public Works Director and City Engineer Poppler responded to comments and questions from the public hearing. Replace ment vs. repai r 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 elevat e 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, driv e ways, tree s, 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 th ey 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 – t he neighbo rhood pays 40% of the cost, but t he general taxpayer base is picking up 60% of the costs. The City has limits with in which it can sell bonds annually without significantly impacting taxes and it tries to stay within those limits. To do that a street reco nstruction plan has been developed that allows all of the streets to be reco n- 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 infr astructure needs b e- neath the surface. This project had the worst streets so this project was moved up to be compl e ted first. It is where the public’s dollars are best invested at this time. Sealcoating will no longer e x- tend the life of this roadway as t hese streets have poor sub - soil condition s . Sidewalks The City will not be back to do any significant work in this neighborhood for 40 - 50 years so if sid e- walks are not constructed now, they will not be for that period of time. Design will consider conne c- tivity throughout the region and whether sidewalks make sense to provide better access for th e 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 a bout whether to include them. If sidewalks are put in place, the City will address appropriate snow removal in the snow mainte n- ance policy. Trees Sanitary sewer and watermain repairs on Watersedge Trail will probably cause the loss of trees. Sliplining i n that area is not effective because there are sags in the pipe and sliplining cannot r e- 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 Ci ty mails newsletters before and during construction a s well as notice of informational mee t- ings. Sliplin in g Sliplining will be done for some lines because r eplacing all watermains is not affordable or nece s- sary . The materials used during construction duri ng the 1970s have corroded and some decisions about r eplacement may be made in the field when it is judged to be necessary . 6 1 1 15 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 roa dway that has no units fronting on it. Safety and Traffic It is recommended the Traffic Safety Advisory Committee look at the speed issues. Speed me a- surements can be taken; but streets are so narrow that there may be a perception of greater speed than ac tual. Neighborhood streets are 30 mph in Minnesota unless designated otherwise as a r e- sult of a traffic study. Appropriate signage could also be addressed by the TSAC as well as visibil i- ty from Grayling Circle. Consideration is being given to restricti ng commercial vehicles from Tim o- thy. The neighborhood can pet i tion 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 prope r- ties were found to have no added value. The City is not allowed to legally impose an assessment if an appraisal d oes 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, wa ter 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 hear ings for this project. The assessments appraisals are not submitted to the County to be used for valuation pu r poses. Assessments Assessments are not paid in advance of the project. A second assessment hearing will be held for the second phase of the pro ject. 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 pr o- jected such as the wear course which is laid the following year. Current length of term for pay ment of assessments is ten years; but the assessment policy is scheduled for review before compl e tion 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 tho se assessments would still need to be paid before the property could be transferred to a different owner. T he 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 a s- sessment policy. Petition This is a Council - initiated project rather than a petition - initiated project so th ere can be no valid p e- tition. A petition received two years ago was a request to do something for the street, but that pet i- tion did not have enough signatures to act as a formal petition for the project. Tax Deductibility The City does not provide tax ad vice 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 1 1 15 10 City Council meeting minutes Curb and Gutter Surmountable curbs are usually pla ced in new developments where house s are not yet built. More sod damage from snow plows can occur with that kind of curb. Barrier curbs can handle more w a- ter in high drainage volume streets which helps keep it off the drivable surface. The City is not h olding a strong opinion about which kind of gutter to install and if direction is given to install all surmount a ble curbs, it could be done. Underground Power Costs are prohibitive to move the overhead power to underground. It is approximately $200,000 t o 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 en gines; not the personnel. Actual operations migh t 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 v e- hicles in areas with l ess dens i ty. Comments: Hedberg : C omplimented residents who came to this public hearing. Believes the City needs to move fo r- ward with project. Reiterated points of why the streets need reconstruction rather than resurfacing: ba d soils, several sections of sewer and water are in bad shape and need re placed and water quality improv e- ments. Believes the project s hould have surmountable curbs except at corners and water catchment b a- 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 W ate r sedge Trail . Poppler : Replied that the watermain and sewer are along that side of Watersedge Trail and planting over such infrastructure is not recommen d ed as it would have to be removed with future maintenance or r e- placement. Millar : Also compliment ed residents for their participation and courtesy . Assured that staff will continue to be in communication with residents. Recapped the commitment of the C ouncil to establish a street reco n- struction plan and timeline. Hopes for good bids and that assessment amounts will be less tha n estimated. Agreed that the benefit of including sidewalks in the project should be st u died. Will support. Erickson : A sked 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 g eneral philosophy is to get as many years of life out of something as possible, but agreed it is time to do recon struction i n this neighborhood. Will support. Believes s idewalks are impo r tant for safety so will support sidewalks on Boudin and Rutgers. F avors 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 assess ed to the property owner ; and the rest of the City is a b- s orbing the cost for the remainder of the project. Believes that is a fair policy and does not support chan g- 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 pro p erty to not show an appraisable benefit for this kind of reconstruction . W ould support no parking restrictions on the north side of Timothy which should discourage some of the commercial traffic ; an d, i f necessary , would support no parking on both sides. 8 1 1 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 sid e- walks. Asked h ow 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 attac h ments 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 l iability if the City does not maintain the sewer line . S ummarized 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 wa ter is the street and the work should be done as one project in o r- 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 genera tion 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 p roject. MOTION BY HEDBERG , SECONDED BY MILLAR TO APPROVE RESOLUTION 10 - 112 ORDERING 2011 AND 2012 IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR GRA Y- ING CIRCLE, RUTGERS STREET, WATERSEDGE TRAIL, BOUDIN STREET, DENESE STREET, LOIS AVENUE, NA TALIE ROAD AND TIMOTHY AV E NUE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. R ECESS 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 Ordi nance 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 di s- trict, and the Planning Commission has conducted two public hearings on the topic. She listed the co n- cerns that were expressed at th ose public hearings. Stated that the Planning Commission expressed a d e- sire that individual locations should provide mitigations on the aspect s 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 setback s . 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 smok ing near a residential area. Understands concerns of peop le in nearby reside n- 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 1 1 15 10 City Council meeting minutes maintained, t here are places w ith current liquor licenses that would not qualify to have one . Will support the amen d ment. Keeney: C ommented on specifics of the Planning Commission public hearing stating that a n umber 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 ow n- ers were at the public hearing indicating they could not attract tenants because of current ordinance . Sta ted the Planning Commission voted against the language as it was proposed and they had an opport u- nity to clarify their vote if they wanted to. Believes it changes the economics of existing buildings to put in a re s 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 l i- cense to beer and wine only and a start time of 10 a.m. Asked that those additional cond itions 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 e n trance. Millar : Queried whether any outdoor events would be allowed. Parr : Replied they would not; t his 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 amen d- ment. Millar : Stated he would not support allowing outdoor event permits for such sites. Believes there is a n eed to balance residential and new business development in t he community. Supports restricting hours and agree d that the setback should be measured from the primary public entrance. Believes the use s hould be site specific and should remain a CUP. Stated that if smoking has been a problem, he would suggest ha v in g a buffer. Will support. Myser : Believes a CUP can do a good job regulat ing 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 r e- duction. Supp orts 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 s moking 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 p a trons use th ese e n trance s . Keeney : S uggested 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 distr ict” a s then all public entrances would have to be at least 100 feet from residential. In a large buil d ing, the size of the building push es customers closer to the residential area because that is where the parking is. Concerned about trying to tweak pr oposed language too much after all of the deliberate consider a tions that have been made as that could open it up to scenarios not considered. Will support any additional r e- strictions. Millar : Stated that comments by residents were clear about current smo king behind buildings by e m- ployees . Therefore, he believes there should be a buffer behind the buildings to contain that situ a tion. Keeney : N oted that a bufferyard is included as condition “c . ” Stated that the Gateway location has no room for a bufferya rd that would meet condition “c . ” 10 1 1 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 . Re s- taurants that do not have a l cohol do not stay open as late. Believes alcohol will be hard to mitigate for the neighbors and they will su f fer for it. Erickson : Concurred that G ateway does not fi t the ordinance being discussed and Council s hould 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 : Bel ieves that rear entrances, dumpsters and nearby residences are typical for all sites being co n- si dered. 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 h ard not to consider the buildings that are already there when co n- sidering the potential amen d ments. 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 grand father ed - in. Boyles : Re viewed 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 : T he way “ d ” is constructed, if the nearest primary public entrance is over 100 feet from reside n- tial, the location does not have to meet these requirements; but the subrequirements should apply. The language n eeds redrafting so the subrequirements are addr essed. 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 MA KE THE AMENDMENTS DISCUSSED, BRING BACK A RESOLUTION WITH PROPOSED FINDINGS OF FAC K T SUPPORTING THE PASSAGE. KEENEY MADE A MOTION TO AMEND THE MOTION TO ADD A CONDITION THAT THE LIQUOR L I- 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 s e cond. 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 a nd 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 Munic i pal 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 b usinesses that would be most impacted are Premiere Dance, Integra Telecom and the VFW. Stated that an additional 11 1 1 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 p eople in Prior Lake. Stated that t ransit do l lars 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 f u- 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, i n the winter the upper lot is used for snow storage. Erickson : Added that Lakefront Park is not as accessible for wa lkers. Asked about the former Joe’s Pizza location. Kansier : Replied that lot has about ten stalls adding that the V FW uses that site for parking. Erickson : Suggested that if that is where the bus stopped, people would arrange to either park there or th e Colorado lot, but the focus would be at that location instead of Colorado. Stated that the site (Joe’s Pizza) was purchase d with transit monies and it might have a benefit of being closer to the residential a r ea for people who walk to transportation. K ansier : Stated she has no information about the number of people who walk to catch the bus. Co m- 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 an y one will walk to downtown to catch the bus. Does not support continu ed research about a downtown park and ride. Hedberg : Stated he is glad th e 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 E agle Creek or downtown. Agree d the City c urrently do es 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 i nadequate parking. Could support looking at an alte r- n a tive site in the community. Myser : A sked 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 l earned it would negatively i m pact the downtown businesses. Agreed this is not an appropriate place for a park and ride. Stated that, d e- 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 SITE S FOR A PARK AND RIDE IN CENTRAL PRIOR LAKE, EXCLUDING DOWNTOWN. Myser : Stated he does not see viable alternatives and do e s not want to use staff time on further r e search. Keeney : Concurred with Myser. Recalled the discussion started with property the C ity own s ; but other sites might have to b e purchased or leased and that w ould be a different study. Erickson: Stated the City is currently renting property from Safe Haven so discussion began with the d e- sire to move the park and ride from Safe Haven and make it more convenient. VOTE: Ayes by Erickson, Hedberg and Millar. Myser and K eeney opposed . The motion carried. 12 1 1 15 10 City Council meeting minutes Co nsider Approval of a Resolution Accepting Bids and Awarding the City’s Standardized Constru c- tion Co n tract for Water Quality Maintenance and Retrofit Project (City Project #11 - 012). Water Resources Engineer Bintner reviewed bids received for the 2011 wat er quality project. Stated this project represents a recurring capital expense paid by the water quality utility fund and maintenance projects 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 conf idence in their abili ty 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 : W ill 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 EXCAVA T- 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, Hed berg, 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 B oyles reviewed the County’s query about whether the City Council wished to contin ue 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 knowle dge of the town. Erickson : Asked if the City incur s 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 mee t- ing time. Boyles : Agreed the topic consumes one of the work sessions that could be used for another topic. Erickson : Commented that he r ecall ed 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 ec o- nomic consequences for the Village M arket . Believes it is important to keep it l o cal. Hedberg: Believes it should be retained at the City level providing improved convenience for residents by allow ing them to appeal to their own City Council ; the Council remains aware of cond itions ; and it provides the assessor a sense of accoun t ability to residents and City. Myser: Concurred. 13 1 1 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 M yser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approval of a Resolution Appointing Two City Councilors to Serve on the Economic D e- velopment A u thority. City Manager Boyles related that the EDA enabling resolution has been amende d 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 m embers who expres sed interested and stated that both would do fine job representing city in this ef fort. Myser recommended H edberg and himself as appoi n tees to the EDA. A MOTION WAS MADE BY ERICKSON, SECONDED BY MILLAR TO APPROVE RESOLUTION 10 - 125 APPOINTING CITY COUNCILORS TO SERVE ON THE ECONOM IC DEVELOPMENT AUTHORITY. A r oll call vote on the resolution to affirm the appointment was taken with the following results : Mys er : 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. Sev eral thousand dollars were raised for the family of a fireman whose child has medical issues. Thank ed to all who showed up and helped. Millar: Thanked the C ity staff in attendance at the meeting noting they have put in a long day. Myser: Stated that S teve N olton ran 4,000 miles to raise money for Krohn’s D isease. Thanked s t u dents 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 a pplication 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 n o further comments from Council members, a motion to adjourn was made by Keeney and seconded by M illar . With all in favor, the meeting adjourned at 11:40 p.m. _ ___ _______________________________ ___________________________________ Frank Boyles, City M anager Charlotte Green, Administrative Asst. 14 1 1 15 10 City Council meeting minutes