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HomeMy WebLinkAboutDraft January 18, 2011 MinutesCALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Council members Erickson, Kee- ney and Soukup, City Manager Boyles, City Attorney Pace, Public Works Director Albrecht, Assistant City Engineer Poppler, Streets and Utilities Supervisor Wiita, Parks and Fleet Supervisor Friedges, Water Re- sources Engineer Bintner, Planner Matzke, Fire Chief Hartman, Assistant City Manager Meyer, Communi- cations Coordinator Peterson and Administrative Assistant Green. Councilmember Hedberg was absent. Troop 331 Eagle Scouts opened the meeting by calling and presenting the colors and leading the Pledge of Allegiance. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pri- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE THE JANUARY 3, 2011, MEETING MI- NUTES AS PRESENTED. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. 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 Building Permit Summary Report. C. Consider Approval of Animal Control Services Report. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com D. Consider Approval of Fire Department Report. E. Consider Approval of Revisions to the City Council Bylaws. F. Consider Approval of Resolution 11 -014 Approving the City of Prior Lake 2010 Pay Equity Report. Councilmember Erickson requested removal of item 5B. Mayor Myser requested removal of item 5F. MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS MOD- IFIED. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. The motion carried. Comments: Erickson: regarding item 5B, noted that building permits for 2010 exceeded the anticipated, budgeted amount. Myser: Regarding item 5F, commented that it seems Minnesota is the last state to require this report. Asked the cost to the City of preparing and filing the report. Meyer: Replied that City is required to report every three years. The cost is approximately $2,000 in staff and consultant time to prepare the report. Potential cost could be the incurrence of penalties if the report is not filed on time. Added that the League of Minnesota Cities asked cities what they believe should be rec- ommended for consideration at a legislative level and all responded that pay equity should be on the list. MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE AGENDA ITEMS: B. Consider Approval of Building Permit Summary Report. F. Consider Approval of Resolution 11.014 Approving the City of Prior Lake 2010 Pay Equity Report. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. The motion carried. PRESENTATION Eagle Scouts Certificate of Recognition Mayor Myser introduced Eagle Scouts Dean McGahan, Grant Muehihauser, Jacob Hellmann and Spencer Sellner and presented a Certificate of Recognition to them. Eagle Scouts Alex Gray and Connor Anderson achieved the rank of Eagle Scout, but could not be present. Introduction of EDA Members Mayor Myser introduced newly appointed Economic Development Authority (EDA) members Michelle Choudek, Terry Hitchcock and Bob Morris and provided a brief autobiography for each of them. Chou - dek, Hitchcock and Morris addressed the Council to express appreciation for the appointment. 2010 Innovation Award City Manager Boyles introduced the concept of the innovation award. The City's 2010 Innovation Award was presented to the Public Works Department for work in the areas of snow and ice control, street sweep- ing, storm water ponding and park irrigation. Public Works Director Albrecht, Assistant City Engineer Poppler, Water Resources Engineer Bintner, Streets and Utilities Supervisor Wiita and Parks and Fleet Supervisor Friedges were present to accept the award. 2 DRAFT 01 1811 City Council meeting minutes Presentation of Concept Plan for Development to be known as Eagle Creek Estates Planner Matkze presented information about the site (commonly known as the Snell property) and statis- tics about the site layout including parks, roadways and density. Addressed the 2030 Comprehensive Plan zoning designation for the site and amendments that may be proposed. The concept plan is for mixed use as a Planned Unit Development (PUD). Reviewed general benefits the City should receive from a PUD. Introduced Ray Brandt to speak on behalf of the developer. Keeney: Queried about the Markley Lake shoreland district and asked what additional requirements exist for that. Matkze: Replied there are additional impervious surface requirements, some lot size requirements and additional storm water permits for commercial sites. Added that Markley Lake is sensitive to flooding from storm water so that will be closely monitored. Soukup: Asked if this site is within the well head area. Matzke: Affirmed. Soukup: Queried about potential ramifications to water quality. Poppler: Responded that this site is in the capture area for well heads which may not impact the develop- ment regarding the proposed residential use; but commercial uses will need to be closely considered. Ray Brandt described proposed layout of all lots noting that three lots do not meet the ordinance for depth. Stated he has researched convenience store corporations about their interest in the site. Spoke of benefits the City would receive such as oversizing of Fish Point Road. Believes the area proposed for commercial zoning could be developed if appropriate zoning is granted. Proposes letting the market determine what businesses would go into the commercial sites. Provided a brief autobiography of his development expe- rience and his company. Soukup: Noted that CR 21 is a gateway to the City and there are commercial properties in the area al- ready. Asked whether Brandt conducted any studies to determine whether this property would be success- ful as retail /residential zoning. Brandt: Replied that Kwik Trip has expressed an interest in the site and developers believe the residential lots would sell. Soukup: Stated her interest in reviewing information on whether it is more beneficial to the City to have a residential area compared to a business park or a commercial /industrial development at that site. Queried whether there is a plan to preserve the heavily wooded bluff and wetland areas. Brandt: Replied that a road is needed on the east side of the site and earthwork will be needed. Believes that grading will bring elevation on that part of the site to within eight feet lower than CR 21. Soukup: Asked what the benefit to the City will be of having smaller lots in the area of bluff topography. Brandt: Responded with his belief that the lots would sell and that would be a benefit in the current eco- nomic climate. Soukup: Asked if Brandt has completed projects in a community like Prior Lake that is seeking economic growth. Brandt: Listed the developments he has worked on in Prior Lake. Keeney: Stated the presented concept plan does not seem to be a good use of a Planned Unit Develop- ment. Believes the site presents an opportunity to do something, but not what is currently proposed. Be- lieves that current market conditions are not a reason for the City to temporarily change its zoning as the neighborhood would be here for a long time once it is built. Stated he is agreeable to CCCI zoning; but be- lieves the interface between CCC zoning and residential should be mitigated so the CCC area has access that is not shared with residential. Stated a convenience store would want broader hours of operation than DRAFT 01 1811 City Council meeting minutes a business park. Stated he would prefer more park land rather than a cash dedication; and would want to know how the proposed park would fit into the master park plan for location and amenities. Erickson: Thanked Brandt for bringing the concept plan and concurs with commercial zoning along CR 21 since it is a major roadway to 1 -35. Believes it might be a good place for retail. Asked whether the residen- tial streets would be public or private. Brandt: Public. Erickson: Asked about making residential lot sizes larger. Brandt: Responded that they were designed to fit the ordinances regarding square footage and width. Erickson: Agreed with placing the smaller, less expensive lots closer to retail. Asked if multi - family dwel- lings were considered. Brandt: Responded with his belief that they would be difficult to sell. Erickson: Commented that people would be purchasing lots with the foreknowledge of commercial devel- opment. Stated he favors the concept of the southeast corner being commercial or commercial /retail. Myser: Stated that the City has identified a priority of economic development. Agreed that the economy has had an impact on development and feels reluctance to restrict property that may be earmarked as be- ing a good location for economic development. Concurred with Keeney remarks regarding parks and pre- serving trees. Stated he is unclear about what the benefits to the community would be if a PUD were granted for this site. Brandt: Responded that he has no objection to using the northeast part of the site for commercial devel- opment. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of 2011 Fee Schedule with Respect to Liquor Licenses. City Manager Boyles reviewed the Statutes regulating liquor license and proposed fee changes for liquor licensing in the City. Stated that club licenses have a sliding fee and the proposed fee assumes a mem- bership of 500 -1000 members. Noted that the City must notify any licensee at least 30 days in advance of any public hearing at which the license fee change would be considered. Comments: Keeney: Supports increasing the on -sale 3.2 license fee as it is considerably less than other on -sale li- cense fees. Asked what the cost to the City is for administering and enforcing an on -sale establishment as well as temporary licenses. Stated the organizations who apply for temporary liquor licenses should be no- tified of the public hearing also. Suggested the application form for a club license should ask how many members they have and then the City should match the Statute for the fee that is appropriate. Erickson: Concurred that organizations who have applied for temporary licenses in the past should be no- tified of the public hearing. Queried if seating for 25 persons is a requirement for an on -sale wine license, or if the license fee is less if they have seating for fewer than 25. Boyles: Replied the establishment must have seating for at least 25 guests in order to have a wine li- cense. Typically they also apply for a 3.2 malt liquor license. Erickson: Agreed a club license should include information about the number of members. Asked why a club license is so much less than an on -sale license. Boyles: Replied that a club license is generally restricted to a congressionally charted veteran's organiza- tion of at least 35 members, has been in operation for more than a year, is non - profit, directed by board of directors and only sells to members or their bona -fide guests. 4 DRAFT 01 1811 City Council meeting minutes Soukup: Clarified that an on -sale liquor license encompasses all other kids of licenses. Boyles: Affirmed, except for a Sunday license which would be applied for separately. Soukup: Asked if clubs pay a flat fee which includes on -sale intoxicating liquor licensing. Boyles: Clarified that there is a tiered fee for clubs depending upon membership. Myser: Asked how long it has been since licensing fees have been increased. Boyles: Replied fees have not been increased for a decade or more with the exception of on -sale intox- icating which was increased in 2008 by way of a stepped -in increase over a period of three years. Myser: Asked if VFW clubs are always private clubs. Boyles: Relied that if they can meet the criteria, it is to their benefit to be a private club from a licensing cost perspective. Myser: Asked what the constraints are. Pace: Replied they can sell only to their members; but with a full liquor license, they could sell to everyone. Myser: Stated he also is interested in learning the cost of enforcement of different kinds of licenses. Con- curred that temporary licensees should also be advised of the public hearing. Erickson: Asked if clubs also have to apply for a Sunday liquor license. Boyles: Affirmed. Erickson: Stated he believes that licensing fee goes to the State rather than the City. MOTION BY KEENEY, SECOND BY ERICKSON TO DIRECT STAFF TO SCHEDULE AND PROVIDE NOTICE OF A HEARING TO CONSIDER INCREASES IN CERTAIN LIQUOR LICENSE FEES AND SET- TING THEM AS PROPOSED. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. The motior carried. Consider Approval of Minimum Vendor Prequalification Criteria for Automatic Water Reading Sys- tem Replacement Project. Public Works Director Albrecht informed the Council that staff has worked with consultants and vendors that make water reading systems to learn industry base -line standards. Stated the City sought to develop a request for qualifications that does not restrict competition and will provide an adequate system. Eight cri- teria have been developed. Reiterated that the current water reading system is beginning to fail due to ex- pired batteries and recommends replacement before batteries begin to fail en masse. Provided a timeline for the proposed seeking of quotes. Comments: Keeney: Clarified that the installation of products would be bid separately. Albrecht: Affirmed. Keeney: Asked if disposal and recycling of old units would be part of the process, Albrecht: Replied the old units will have to be safely disposed of and that will be dealt with in specs. Some of the more recent units may be kept for refurbishing units during the installation of the new system. Keeney: Asked if the requirements will specify a 20 year warranty and support for infrastructure elements. Albrecht: Responded that a maintenance cost for software is anticipated, adding that there will be fewer transmission sites and the cost of the sites will be less than current. Warranty details for the collection sys- tem will be included with the qualifications. Keeney: Concurred the City will want to determine the cost for providing such support and ensure it can actually be maintained. Supports moving forward. Asked if there is merit in having the existing vendor re- place the existing units. DRAFT 01 1811 City Council meeting minutes Albrecht: Replied they will be one of the bidding vendors and will likely want to maximize the existing sys- tem in order to submit a competitive bid. Erickson: Asked about the benefits residents might expect from a new system such as water leak detec- tion or off -peak billing. Albrecht: Stated the City occasionally is called to a house with a major water leak. The new system can be set to check a house and send messages to the City at regular intervals which could detect a water leak before major damage is incurred. The new system will also allow the City to target irrigation use and billing could be tiered to have a lower base rate for people who use water just for basic life use. Soukup: Asked what the City will do if there is an issue and the vendor awarded the bid is from out of state. Albrecht: Replied that City staff is trained to install the systems in new construction or repair broken equipment. All of the vendors have local representatives with on -staff technicians who come onsite. Myser: Asked how many vendors there might have been if criteria for the system were less stringent. Albrecht: Responded that the City started with a list of two or three vendors and that has been expanded to five or six as staff has become more educated about the system. Myser: Asked if data collection will be specific to know what is being used in a home such as the dis- hwasher or shower. Albrecht: Replied the data is a radio signal sent out of a house showing the amount of water used, and that data could become available to the homeowner on their computer. People who choose to, for a fee, might be able to monitor their own homes. Noted that the system only reads the radio signal per house and cannot read a neighboring house. Commented that there might be companies who will want that data in- formation in order to sell products or services and the City will have to learn whether that is a data privacy issue. NEW BUSINESS Consider Approval of a Report Regarding LBAE Materials for the Public. City Manager Boyles stated the Council chose to serve as the Local Board of Appeal and Equalization and conducted a work session with the Scott County Assessor to discuss how to better serve the public as the LBAE. Forms were developed for the public to use that provide information on supporting material for an appeal, where information can be garnered and what information is valid. Related the timeline proposed for holding the LBAE meeting and how it will be publicized. Comments: Soukup: Commented that this information will be available on the website and also at city hall. Asked whether people will have to talk to the County Assessor. Boyles: Affirmed that the tax assessment is a County function and the County conducts the appraisals for the City so people will need to provide their information to the County. Erickson: Stated the LBAE meeting will be held on a night separate from the Council meeting and will not be televised. Reminded everyone that this function is about valuation of property, not the tax levy. Keeney: Commented this is a customer service improvement that fits into the ongoing desire to do things better. These forms provide instructions about information needed to be acceptable evidence for an ap- peal. Statistics show that valuations in the City are generally close to the allowable range. Myser: Concurred the new forms will be helpful. Added that the Council is receptive to listening to the ap- peals and hopes the process will not be considered onerous. Suggested the form more readily display con- tact information. 6 DRAFT 01 1811 City Council meeting minutes MOTION BY KEENEY, SECOND BY ERICKSON TO APPROVE THE FORMS, PROCESS AND PUBLICI- TY FOR THE LBAE. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Councilmember Hedberg was absent. The motion carried. OTHER BUSINESS Community Events Keeney: Stated the Council will have a work session on January 25 at 6:30 p.m. on the C -2 zoning and restrictions related to liquor licensing. Added that it is not a public hearing for receiving input, but it is a pub- lic meeting. Myser: The Eagle Scout Court of Honor will be January 30 at 2 p.m. at St. Michael's. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and seconded by Soukup. With all in favor, the meeting adjourned at 8:10 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 7 DRAFT 01 1811 City Council meeting minutes