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HomeMy WebLinkAboutDraft 6/6/11 Minutesti U \ 4646 Dakota Street SE Prior Lake. MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 6, 2011 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Myser, Council members Erickson, Hed- berg, Keeney and Soukup, City Manager Boyles, City Attorney Pace, Streets and Utilities Supervisor Wiita, Fire Chief Hartman, Police Chief O'Rourke, Finance Director Erickson, City Engineer Poppler, Build- ing and Transportation Services Director Kansier, Assistant City Manager Meyer and Administrative Assis- tant Green. 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 City Manager Boyles requested that item 10C, Consider Approval of an Ordinance Amending Section 605.700 through 605.900 of the City Code to Update the Vacant Building Provisions to be Consistent with Minnesota Statute, be removed from the agenda in order to provide the Council with a legislatively format- ted version. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECOND BY SOUKUP TO APPROVE THE MINUTES OF THE MAY 16, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com First Annual Police Department Report Police Chief O'Rourke reviewed Incident Crime Reports and Uniform Crime Reports statistics indicating both of those reports are indicators of crime activity and officer workload. Explained the difference between Part 1 and Part 2 crimes. Provided a comparison of crime activity to that of nearby municipalities. Noted that the reports reflect criminal activity trending downward. Provided statistics about the number of law en- forcement employees per capita for Prior Lake and nearby municipalities comparing them to statewide av- erages. Provided a recap of the services provided by the Police Department and the changes that have been implemented in the department such as electronic logging and flexing scheduling. Comments: Keeney: Asked if we know the reasons behind the reduction in DUI incidents over the past four years. O'Rourke: Replied that DUI enforcement is a self- initiated activity. Officer White is motivated to pursue DU I activity and has been assigned as a detective for the past year, and another officer was terminated; which resulted in less DUI enforcement. Keeney: Queried where the City might prefer to prioritize the expenditure of enforcement dollars — in schools, downtown at night, traffic control, etc. O'Rourke: Replied that the department can be flexible in assigning a car and can direct it to target areas that have been particularly reported on. Erickson: Commented on statistics about family /children crimes that went from 27 to 9 and asked if that statistic represents domestic violence. O'Rourke: Replied that it reflects child abuse, child neglect, etc. citing that it is not uncommon to receive reports of children left alone in cars at the casino, etc. Erickson: Noticed that stolen property went down from 11 to 3. O'Rourke: Replied that might be the people who are receiving stolen property as the stealers are in the larceny category. Erickson: Noted that one officer is assigned to SMSC, but they are contributing an amount that is more than one officer's salary. O'Rourke: Responded that the SMSC's contribution to the city is $380,000. Described the history of the contribution stating that several years ago an officer was added as part of the Clinton administration's ef- forts to have more officers on the street. When the federal funding was withdrawn, the SMSC agreed to continue paying for that position. The SMSC liaison officer serves as a resource to the SMSC officers to help them deal with issues. Soukup: Pointed out the services that the police force provides to the community such as fingerprinting and checking premises. Stated they are doing a great job serving and delivering a safe community to us. Hedberg: Asked what portion of reported incidents are attributable to the SMSC vs. the remainder of the City. O'Rourke: Replied that 13 -15% of the calls for service are at SMSC, and of that number approximately 10% of them are business related. Commented that the SMSC has security at their business enterprises and handles most of the incidents themselves. Hedberg: Noted the downward trend of crime activity in all of the compared cities and asked if there is a downward trend in crime nationwide. O'Rourke: Responded that violent crime is down 7% nationally. Hedberg: Commented that it seems the per capita ratio of sworn officers is probably adequate because we have a relatively safe community. Suggested that an active Community Safety Advisory Committee should lead to an even more safe community. Asked how it might affect reported crime and staffing if the SMSC changes its alcohol -free status. O'Rourke: Replied that the Part 2 crimes such as disorderly conducts, assaults, etc. might increase signif- icantly. 2 DRAFT 05 16 11 City Council meeting minutes Hedberg: Stated that if the SMSC makes the decision to offer alcohol, he will support consideration of how to manage the changes. Myser: Asked the amount of the police department budget. O'Rourke: $3.3 million. Myser: Asked if some of the statistical information provided at this meeting will be on the Website. Stated he would like to see per capita numbers as that will accelerate the positive impact of the statistics. Asked if the reduced DUI enforcement is resulting in increased accidents or fatalities. O'Rourke: Replied the he can provide the number of accidents that were responded to. Myser: Noted that sex crimes increased from 2007 to 2008 and then declined in 2009 and 2010. O'Rourke: Responded that, generally, only 18% of sexual crimes are ever reported. Erickson: Stated that Neighborhood Night Out is scheduled in August, adding that this builds a sense of community that can lead to a lower crime rate. O'Rourke: Noted that the program is currently called Night to Unite and is an opportunity for all to get to meet and know their neighbors and to share information. Officer O'Hehir can be contacted to schedule a neighborhood event for Night to Unite. Lake Cleanup Day Proclamation — June 11, 2011 City Engineer Poppler stated that Lake Clean -up / Dive the Lake Day has been conducted for the past five years to promote the lakes and encourage everyone to clean up along the shorelines. Introduced Donna Mankowski, Chair of the Prior Lake Association. Mankowski stated the Dive the lake event has become popular and described how Lake Association members use their boats to take divers out to various parts of the lake to clean up garbage. Beginning this year, a permit was required from the DNR to assure proper disposal of the refuse to avoid the spread of zebra mussels. Soukup: Asked about the strangest thing ever pulled out of the lake. Mankowski: Replied that antique children's toys and bottles have been brought up recalling that some spots on the lake were resort areas. Hedberg: Commented that Mankowski has been personally involved in getting people organized for this event and thanked her for her efforts. Keeney: Noted that part of this event is lake clean -up and people can do their own part to clean up various areas of the lake such as road right -of -ways and park areas. Asked if there is a place owners can go to search for things they have lost in the lake. Mankowski: Believes it is not likely anyone will be able to retrieve personal possessions. Erickson: Asked if any dive shops are partnering in this effort. Mankowski: Replied that shops in Lakeville and Shakopee are involved and the Minneapolis frogmen come every year. Erickson: Asked if there are arrangements for rental equipment for divers. Mankowski: Replied that is available through the dive shops. Myser: Commented that this will be his fourth year of participation. Read a proclamation declaring June 11 as Lake Clean -up Day in Prior Lake. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2011 Street Overlay Project (City Project #11.013). 3 DRAFT 05 16 11 City Council meeting minutes Streets and Utilities Supervisor Wiita described how streets are determined to be eligible for overlay - ment. Identified the streets that are scheduled for overlays in 2011. Stated that nine bids were received and that Bituminous Roadways is the low bid. Comments: Erickson: Will support. Keeney: Stated the City received good bids and the project should move forward. Hedberg: Asked if this bid includes the alternates. Wiita: Affirmed. Hedberg: Asked how long the overlay should last. Wiita: Hopefully, 15 years, adding that it will depend on the sub -base, which is unknown. Noted that streets with bituminous curb and gutter do not last as long as those that have concrete curb and gutter. Soukup: Will support. Noted that the City estimated the project at $195,000 and the bid is $30,000 less than that. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11 -062 ACCEPTING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED CONSRUCTION CONTRACT FOR THE 2011 STREET OVERLAY PROJECT (CITY PROJECT #11 -013). VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construc- tion Contract for Street and Utility Construction for the 2011 Street Reconstruction Project ( #11- 011). City Engineer Poppler reviewed that this project was let for bids two times and the amounts for bids re- ceived were similar each time. Stated that soil conditions, water table, increased fuel and pipe costs are causing this project to be more costly than the engineer's estimate. Noted that an alternate was added to the bid to incent completing the project during this season. The bid on the alternate is $15,000 and it is recommended for approval. Bids received and funding sources were reviewed. Comments: Hedberg: Has served on the Special Assessment Committee which has considered this project and found that assessments will be higher than usual. Stated the neighborhood is in dire need of new streets. Asked if there is any risk to the residents that the project will not be completed before winter. Poppler: Responded that in that case the streets would be temporarily paved for the winter season. Noted that 15 days is built into the schedule for weather delays. Hedberg: Stated it will be important to communicate regularly with residents as the project progresses. Commented that the Council would normally act on this type of project after the Special Assessment Com- mittee met to consider the impact on the assessment rate, but it is important to take action so the project can begin. Soukup: Asked when the project is scheduled to begin. Poppler: Replied it is scheduled to begin June 13, 2011, following the completion of contracts and perfor- mance bonds. Soukup: Reiterated that resident communication will be important. Poppler: Stated that a newsletter will go out to residents with the answers to frequently asked questions and the timeline for activity. Erickson: Asked if the City has any history with Pember Company. Poppler: Responded that we do not. The company is based in Menomonie, WI. Their references checked out and they have been able to perform on past contracts. 4 DRAFT 05 1611 City Council meeting minutes Erickson: Asked if options such as driveway reconstruction will be available for the residents in this project. Poppler: Affirmed, adding that 30 have signed up for it. Keeney: Recalled that a big part of this project is upgrades to stormwater management and this project will contribute to water quality improvements. Supports moving forward with this. Myser: Supports the project. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 11.063 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE 2011 STREET RECONSTRUCTION PROJECT (CITY PROJECT # 11 -011). VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Accepting a Feasibility Report for County Road 21 Wagon Bridge Pedestrian Safety Improvements and Directing Staff to Work With Scott County on Pursuing Option #1 as Identified in the Report. City Engineer Poppler reviewed the Council's adoption of a grant for the CR 21 pedestrian safety study reminding the Council that traffic volumes are expected to nearly double in the future. Two options were explored: 1) a separate pedestrian bridge and, 2) widening the existing bridge. Advantages and disadvan- tages of each option were reviewed. Winter snowmobile safety issues were also considered and an 8 -foot ledge below the normal water level is suggested. Estimated costs for each option were provided. Comments: Keeney: Stated he does not favor widening the bridge where the walkway would be alongside the traffic. Asked the intent of adding a median. Poppler: Replied that it could act as a barrier and slow traffic. Keeney: Asked what kind of accident rates we have on the bridge. Poppler: Responded he does not have those statistics with him at this meeting. Keeney: Asked if the proposed ledge will solve the problem of getting snowmobiles to the other side-of the bridge. Poppler: Responded that if something were constructed as proposed, the snowmobile club would mark the area to be used. If persons did not follow the trail markings, they would still be going around the bridge and over the roadway. Keeney: Stated that, depending on the amount of grant money, he would support the project but would support option #1 for a separate pedestrian bridge. Erickson: Supports a separate bridge. Asked how wide the proposed median would be. Poppler: Six feet. Erickson: Clarified that the snowmobile issues are separate from the pedestrian options. Poppler: Affirmed, stating that concerns were expressed about snowmobilers during discussion with the County. Erickson: Stated that snowmobiles are not allowed to go over the bridge because they would have to use private property to accomplish the crossing. Agreed there needs to be an option to get them from one side of the bridge to the other. Soukup: supports accepting the feasibility report and agreed some action should be taken. Have con- cerns about the concept of a ledge for snowmobiles. Hedberg: Asked about the life expectancy of the Wagon Bridge. Poppler: 60 -80 years. DRAFT 0516 11 City Council meeting minutes Hedberg: Commented that the curvature of the roadway on the bridge requires slower traffic speeds than the County would prefer and understands that they will want to redirect traffic in that area and when the bridge is rebuilt, the pedestrian bridge would have to be also. Believes that Option #1 for the separate pe- destrian bridge is preferable. Myser: Asked if this is the most pressing safety issue in the City. Poppler: Recalled that part of the reason for this report is because the City received a grant to do the study and we believe this project will score well to receive transportation money now. Traffic is expected to increase greatly by the end of the year. The maximum federal granting is $1,000,000. Myser: Asked what the process would be if we move forward at this time. Poppler: Replied that the County will solicit for federal funds on the CR 21 corridor's behalf. If the project is funded, it would be planned for 2015. If not all of the project is funded, the City has option to decline. The Council will have another opportunity to approve the project before it would be enacted. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 11.064 ACCEPTING A FEASIBILITLY REPORT FOR COUNTY ROAD 21 WAGON BRIDGE PEDESTRIAN SAFETY IMPROVE- MENTS AND DIRECTING STAFF TO WORK WITH SCOTT COUNTY ON PURSUING OPTION #1 AS IDENTIFIED IN THE REPORT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of Two Resolutions: 1) Accepting Proposals and Authorizing MFRA to Provide Construction Staking, and 2) Accepting Proposals and Authorizing Stork Twin City Testing to Pro- vide Constructing Testing for 2011 Construction Projects. City Engineer Poppler stated that bids have been solicited from the approved consultant pool for con- struction staking and constructing testing. Noted that MFRA has performed the construction staking for nearly all projects done in the City and is familiar with City processes. Stork Twin City Testing performed the original soil boring and pavement section recommendations for this project and are recommended due to their familiarity with the projects. Comments: Soukup: Asked if the City must award to the lowest bidder for construction testing. Boyles: No. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 11 -065 AUTHORIZING MFRA TO PROVIDE CONSTRUCTION STAKING SERVICES FOR THE 2011 CONSTRUCTION PROJECT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 11.066 AUTHORIZING STORK TWIN CITY TESTING TO PROVIDE CONSTRUCTION TESTING SERVICES FOR THE 2011 CONSTRUCTION PROJECT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Resolution Releasing an On -sale Liquor License for Sassy's Inc, dba Memo- ries on Main, from Jessica Farnsworth and Transferring the License to Eldon Marier. City Manager Boyles reviewed the request by Jessica Farnsworth to be released from the liquor license for Sassy's Inc., dba Memories on Main. Stated that there is a request to transfer the license to Eldon Marier and fees have been paid for that purpose. Reviewed the original request for licensure noting that it 6 DRAFT 05 1611 City Council meeting minutes was presented as a family facility, but several police contacts have been made. Noted that July 1 is the re- newal date for all City liquor licenses. Shelby Armit and Elmer Marier were in attendance. Comments: Hedberg: Will support. Stated that the condition of continuing cooperation with the police department is important. Soukup: Concurred. Expressed a lack of understanding about the relationship of the license holder and the owner of the business. Shelby Armit: 16535 Tranquility Court, stated she owns the building. Elmer Marier: Inver Grove Heights, stated he owns the business. Soukup: Commented that this is a great location and a great building and she wants it to be successful. Stressed that safety is of the utmost importance. Erickson: Will support. Stated that police action isn't what troubles him, but whether or not they are called. Believes bars should not avoid calling the police when needed. Asked if this is a continuation of ownership from the past few months. Marier: Replied that the ownership is the same. Stated that he financed the business with the hope that Armit and Farnsworth would be able to run it together, but Farnsworth decided she did not want to be affi- liated with it after it was opened. Apologized for being understaffed on the first weekend they were opened stating that is when there were occurrences requiring police assistance. Stated he wants to have a good relationship with the police and the City and has talked to staff about calling the police when it is proper. Stated they hope to attract a more mellow audience in the future. Keeney: Asked if Marier will be actively managing the bar. Marier: Replied that he will not be actively involved on a day -to -day basis. Keeney: Noted that if there are problems; suspension, fines or non - renewal of license will come back on the owners. Questioned whether the investor is the responsible person to whom the license should be is- sued. Marier: Stated they did not want the license in the name of an employee. Reiterated that he has an active participation speaking with Armit and staff on a regular basis even though he is not in the facility every day. Keeney: Asked if there be a staff person specifically managing the issues that have arisen. Armit: Responded that it will be herself. Keeney: Queried whether Armit is the landlord or a partner. Armit: Responded that she is more of a partner. Keeney: Queried whether Armit has a financial interest in the business. Marier: Responded that his original intent was to help Armit get back in the business and it appears that will be a five -year commitment for him. Keeney: Clarified that there is a financial partnership. Marier: Affirmed. Keeney: Asked the City Attorney what the requirements are on the license owner when there is a corpo- rate interest or a business owner who is not active in the day to day management. Pace: Responded that neither the ordinance nor the State statute is specific as to who must be the licen- see. Ordinance states that reasonable conditions can be placed on a license. Believes one might want to know whether the business has a lease with the owner of the premise. Stated the Secretary of State office does not say there is anyone other than Marier as the owner of the business so no partnership is appearing on paper. Keeney: Stated he would want to issue the license to someone who has financial interest, or who is autho- rized by the owner of the business to be the responsible person for the training of the staff in the day to day operation and prevention of problems. Pace: Stated the ordinance does not define that, but the Council can put conditions on the license. 7 DRAFT 05 16 11 City Council meeting minutes Keeney: Will support the condition of the license being subject to cooperation with the police department and would like to explore additional conditions when it comes time to renew the license. Stated he would like to see someone be the license holder who is responsible for day to day activity at the bar. Myser: Clarified that Armit stated she owns the property outright and Marier financed the recent upgrades of $100,000 for equipment and improvements. Asked if they have any other business relationship. Marier: Responded he has been Armit's accountant for many years. Myser: Asked if there is a contract with Armit; and asked who is renting the property from Armit. Armit: Replied that the lease agreement is with Memories on Main which is owned 100% by Marier. Marier: Added that his intent is to hold all of the stock until the reconstruction loans were paid back. Myser: Asked who made the decision to hire Farnsworth as the manager. Marier: Responded that Farnsworth filled the position in the past. Stated his interest is in re- establishing the business; not to be the long -term owner and he plans to be out of the business when the investment is paid back. Myser: Stated this was presented to be a family- oriented restaurant and there seems to be a disconnect between the fight incidents and a family- oriented business. Armit: Responded she was not happy about those incidents stating they occurred the first full weekend of business and there have not been problems since then. Plans have been made for the doormen to meet with the police department. Wants it to be a family establishment and they plan to bring in more food ser- vice. Myser: Asked Police Chief O'Rourke about the police department perspective. O'Rourke: Related three incidents that occurred. Stated the police department had heard that one of the standing rules was not to get the police involved. Stated that Armit and Marier came to the police depart- ment last week and discussion was held about the responsibilities of bar owners and business owners and that a message can be sent to patrons that aggressive and assaultive behavior will not be tolerated by call- ing police and asking the patrons to leave. Believes Memories on Main is working with police. Myser: Asked Armit if she will be involved in some of the operations. Armit: Affirmed. Myser: Asked why Armit did not apply for the liquor license. Armit: Responded that she believed her financial situation would impact her ability to be licensed. Myser: Asked if background checks are completed on all owners when a license is applied for. O'Rourke: Replied that statute does not say who can have license, but does say who cannot. Exclusions are if there has been liquor violation in past five years, taxes are owed on property, or there is moral turpi- tude. All persons involved in ownerships are not checked, just the license applicant. Myser: Asked if that is by statute or the City's decision. Pace: Replied it is not currently in our review. Myser: Asked if there will be opportunity to pull a liquor license. Pace: Responded that the City can impose specific conditions. We cannot pull a license without due process including a hearing on violations against the conditions. Ultimately, the City can revoke a license for an underlying misdemeanor conviction or if a condition of the license is violated. Myser: Asked if we can place a condition of health, safety and welfare of community. Pace: Replied that is too broad. If there is specific idea or thing we want done or not done, that can be a condition. A license is a privilege to be granted, but the City cannot arbitrarily withdraw the privilege. Keeney: Asked if the condition written in the resolution is specific. Pace: Replied it should be written more specifically at the time of the July 1 renewal. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11.067 RELEASING THE ON -SALE LIQUOR LICENSES FOR SASSY'S INC. DBA MEMORIES ON MAIN, FROM JESSICA FARNSWORTH AND TRANSFERRING TO ELDON MARIER. 8 DRAFT 05 1611 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into an Agree- ment with Smart Link Transit Services for the Operation of Local Laker Link Summer Circulator. Building and Transportation Services Director Kansier provided a history of the circulator service along with statistics on ridership noting that it peaks during summer school sessions. Due to declining numbers and the desire to target new and additional riders, a modified service is being offered. Described the stops and services that will be offered. Dial -a -ride services will continue to be offered. Two of the small 20- passenger buses are now dedicated to Prior Lake. They will be kept at the maintenance center and fueled by the City. Fares will be increased in order to comply with regional dial -a -ride services fare structures. Comments: Keeney: Asked if there are varying start times for the school. Kansier: First classes start around 7:30 and classes stagger throughout the morning. Keeney: Asked if the $2.25 fee amount is for the school rides as well. Kansier: Affirmed. Keeney: Likes the idea of targeting the specific rides that people seem to take. Supports the changes. Erickson: Asked if the $2.25 fee is for round -trip or one -way. Kansier: Replied it is one -way and charged each time you get on the bus. Erickson: Asked if the route could be modified to have Club Prior be the last stop on pick -up and the first stop on return suggesting that downtown Prior Lake could be a destination point. Kansier: Replied she will ask the operators. Noted that this schedule was put together by Smart Link. Erickson: Believes the riders should be brought into Prior Lake rather than have all the trips going out of Prior Lake. Will support. Soukup: Likes where the pickups and drop offs are for the summer school, but would like to see some- thing in the Cardinal Ridge area. Believes that $4.50 a day for students going to summer school is high — would like to see reduced fare for them. Kansier: Stated that the fee was discussed at length and believes it would then have to be reduced for everyone. Suggested development of a pass package that offered reduced rates. Soukup: Commented she does not have an issue with $2.25 per ride for shopping or Valley Fair rides. Would like to see the stop at the Cardinal Ridge area because of safety concerns. Kansier: Stated she could discuss that with SmartLink noting that the stops were determined by the driv- ers based on where they were picking up most of the riders. Hedberg: Stated this is excellent attempt to try to make the service work better. Supports the suggestions to have a discount card and some kind of stop in Cardinal Ridge area. Myser: Supports the goal of increasing the ridership. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 11.068 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCOTT COUNTY FOR THE OPERATION OF THE LOCAL LAKER LINK SUMMER CIRCULATOR SERVICE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of an Amendment to Section 301 of the Prior Lake City Code Relating to Liquor Licenses. City Manager Boyles reviewed the proposed amendments commenting that they impact the C2 districts and the Council's concern to support business as well as protect residential neighborhoods. Approving the proposed revisions will improve the potential capacity to create conditions on liquor licenses to allow safe- guards for businesses and residents. 9 DRAFT 05 16 11 City Council meeting minutes Comments: Soukup: Supports the amendments. Noted that if it applies to businesses and owners currently on pre- mises, the City should waive the fees. Hedberg: Noted this revision helps clarify when and how to use a Conditional Use Permit in the C2 zone and makes it possible for us to more effectively make zoning decisions. Concurs that existing businesses who will establish a CUP should not have to pay a fee. Keeney: Clarified that this presupposes that we have businesses operating now that should have a CUP and do not as this does not change requirements of any ordinance, but rather allows us to enforce it. Erickson: Will support. Myser: Will support. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE ORDINANCE 111.05 AMENDING SEC- TIONS 301.401, 301.503 AND 301.600 OF THE LIQUOR CONTROL ORDINANCE AND ADD NEW SUB- SECTIONS 301.1001 (8) — (9) AND 301.1702(5) TO THE LIQUOR CONTROL ORDINANCE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of Report Regarding Possible Acquisition of Property (4580 Dakota). Assistant City Manager Meyer outlined the opportunity for the City to purchase property at 4580 Dakota. Spoke of likely uses for the property by the City or for future redevelopment. Stated that if the City later de- termined not to use the property, it could be sold; but consideration should be given to the costs of owning the property for an undetermined length of time. Asked for direction on how to proceed. Comments: Keeney: Commented that it seems like an expensive place to building parking. Meyer: Affirmed that a retaining wall would add to the cost. Keeney: Stated the City does not need the parking in the short -term and he does not feel urgent about ac- quiring the property. Undecided at this time. Erickson: Believes it is in the best interest of the City to control the property considering its proximity to City Hall and downtown. City could work with rental management companies to rent the home for market rates. Does not recommend using the Scott County Community Development Agency (CDA) to manage a rental at a discounted rate. Soukup: Likes the idea of acquiring the property for future use; as well as the idea of renting it out while deciding what to do with the property. Will support. Hedberg: Asked if the adjacent lots extend down to Little Prior. Meyer: Responded she is not sure of those property lines. Hedberg: Believes it should be acquired. In addition to parking, the City has an agreement with Holy Trini- ty Church for parking, but the Church's long -term plans include expanding their campus. When that hap- pens, their willingness to have city employees use their parking lot may dwindle. Supports the idea of using a private agency to rent and manage the property for us. Suggested there may be a possibility of adding a trail on the south side of Little Prior to connect with trails in Lakefront Park. Myser: Asked how many parking stalls employees use in the Church lot. Meyer: Approximately twenty. Myser: Asked how many parking spaces there are in the lot by the police station. Meyer: Responded that employees try to keep the on- street parking and police parking for the public. Myser: Asked if the property across from the police parking lot is for sale commenting that it would be more attractive for parking. 10 DRAFT 05 1611 City Council meeting minutes Meyer: Replied that those property owners were not interested in selling at the time of constructing city hall. Myser: Stated he understands there may be parking needs in the future; but is not convinced that this par- ticular property would be the best. Would be more inclined to study the parking needs for the City for a five to ten year period and then determine the most cost - effective options to fulfill it. Boyles: Replied that the City conducted a parking study a few years ago which indicated a need for 700 to 1000 stalls at build out. As a result of the study, the City has tried to add stalls to the downtown areas at every opportunity. Noted that the study could be updated. Keeney: Believes that acquiring the property without building the parking keeps the options open. The Church's plan for development may become known and the property to the east may become available. If it proves the property is not needed in the future, it can be sold. Believes the cost for holding the option would be low. MOTION BY HEDBERG, SECOND BY SOUKUP TO DIRECT STAFF TO MAKE AN OFFER TO ACQUIRE THE PROPERTY AT 4580 DAKOTA. VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. Nay by Myser. The motion carried. MOTION BY KEENEY, SECOND BY HEDBERG TO DIRECT STAFF TO INVESTIGATE ALTERNATIVE RENTAL MANAGMENT OPPORTUNITIES BESIDES SCOTT COUNTY COMMUNITY DEVELOPMENT AGENCY FOR RENTING THE PROPERTY AT 4580 DAKOTA. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Approving a Major Amendment to the Planned Unit Development Known as Jeffers Pond and a Resolution to Approving a Preliminary Plat to be known as Jeffers Pond 4th Addition. Planner Matzke provided a brief history of the Jeffers Pond 4th Addition Planned Unit Development (PUD); reviewed the amenities City received and the site details. Thirty -eight single family home sites are being proposed to be constructed in two phases, a rain garden is proposed rather than a storm water pond in an outlot dedicated to and maintained by the City. Conceptual building plans for single family homes of 1,900 to 3,400 square feet with prices ranging from $289,000 to $349,000 were displayed. The developer states that minimum building standards will be included with the homeowner's association covenant. Comments: Hedberg: Stated that the Planning Commission held a public hearing at which speakers brought up mini- mum sizes and the desire to be protected from diminished requirements. In that regard, 2,000 -3,000 sq ft homes will be compatible with nearby homes. Single family homes will be more compatible than a twin - home development in this area. Commented that there is slow, but steady building along Wild's Ridge and believes this will be a marketable development. Likes the reduction in impervious surface and the conver- sion of the drainage pond to a raingarden because of the environmental sensitivity of the area. Since this development has a PUD it is reasonable for the City to protect future buyers with some minimums. Would be in favor of adding minimum square footage and minimum number of garage stalls. Soukup: Will support these proposals. Stated she likes the looks of other homes built by Ryland and likes the idea of changing this development to single family homes. Erickson: Commented that this is intended to be a public street and asked if the rest of the development has public streets. Matzke: Affirmed that the majority of the streets are public. Erickson: Concurs with previous comments about homes built by Ryland Homes noting they quickly build out a development and have it completed. Will support. DRAFT 05 1611 City Council meeting minutes Keeney: Asked if the Planning Commission recommended proceeding. Matzke: Affirmed. Keeney: Asked if any significant concerns were expressed. Matzke: None. One person addressed concerns about the product type and price points. Those were ex- plained to him in more detail. Keeney: Asked if the area is already cleared. Matzke: Responded that half of the utilities are already in place and some streets are built. Some services will need to be redone so the streets that are opened up will need to be overlaid. Keeney: Commented that there is an expectation of consistency with a PUD and if the developer wants to build some ramblers, there may be objections. Hedberg: Stated that the developer is proposing covenants for the associations which may provide some consistencies. Keeney: Will support. Concurred with comments made about Ryland being able to come in and get the project done and have it look good. Pace: Suggested the resolution should include some of the PUD and preliminary plat specifications or in- corporate by reference the plans that have been submitted. Myser: Asked if such things are normally referenced. Matzke: Agreed that a reference to the PUD amendment process could be included as a condition of ap- proval. Myser: A final plat could have changes. Matzke: There might be changes in regards to platting, but if there are substantial changes to the prelimi- nary plat, the preliminary plat would have to be resubmitted. The final plat does not allow flexibility to make major changes to the overall design. Keeney: Asked if the PUD amendment changes should be set out specifically. Matzke: Affirmed. Keeney: Asked if the requirements of the engineering group were incorporated into the proposed resolu- tion. Matzke: Affirmed. Could be referenced as City Project # 11 -111. Pace: Commented that could refer to plans submitted months ago. Boyles: Stated that if the Council is comfortable with the general resolution, the particular language can be developed outside of this meeting. Myser: Asked the Ryland representative what motivated them to change the plan from townhouses to sin- gle family homes and the established price point. Michael Ramme: Replied that Ryland has been seeking a single family site in Prior Lake and feels this site is suited for single family homes based on today's market and what the buyers want right now. Be- lieves this price point and square footage will fit in with current market conditions. Myser: Supports the project and wishes them well. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11.069 APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN KNOWN AS JEFFERS POND. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 11.070 APPROVING THE PRELIMINARY PLAT OF JEFFERS POND 4TH ADDITION SUBJECT TO THE CONDITIONS OUTLINED HEREIN. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 12 DRAFT 05 1611 City Council meeting minutes OTHER BUSINESS Community Events Soukup: Noted that this is the last week of school and asked everyone to be aware of kids at play and on their bikes. As liaison to school district, offered congratulations for a great year and kudos to all of the teachers. Hedberg: The Dive the Lake event will be held this Saturday. July 16 is the second annual jazz and blues festival. Erickson: Thanked the SMSC for its recent donation of $380,000 to local schools to fund programs. One program was for drug -free graduation parties for several local school districts. Myser: Recognized Joseph Gibson for achieving Eagle Scout status. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Soukup and seconded by Keeney. With all in favor, the meeting adjourned at 11:00 p.m. Frank Boyles, City Manager DRAFT 05 1611 City Council meeting minutes Charlotte Green, Administrative Asst. 13