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HomeMy WebLinkAbout06 04 12 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES June 4 , 201 2 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d berg, Keeney and Soukup , City Manager Boyles, City Attor ney Girouard , Finance Director Eri ckson, City Eng i- neer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Econo m ic Development Director Rogness , Assistant City Manager Kansier, Assistant City Manager Meyer , and Admini s- trative Assistant Green. P UBLIC 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. Topic s of discussion are restricted to City governmental topics rather than private or polit i cal 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 Cou n cil, 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 t hat are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY KEENEY, S ECOND BY SOUKUP TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myser, Erickson , Hedberg, Keeney and Soukup . The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, S ECOND BY HEDBERG TO APPROVE THE MINUTES OF THE MAY 21 , 2012 , 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 Claims Listing B. Consider Approval of Resolution 12 - 082 Amending the Bylaws of the City Council and Resolutio n 12 - 089 Amending the Bylaws of the Planning Commission C. Consider Approval of Resolution 12 - 083 Approving the Reconveyance of Portions of Tax Forfeited Lands to the State of Minnesota by a Governmental Subdivision D. Consider Approval of Resolution 12 - 084 Approving Plans and Specifications and Authorizing Adve r- tisement for Bids for the 2012 Overlay Project Councilmember Hedberg requested that item 5D, Consider Approval of Resolution 12 - 084 Approving Plans and Specifications and Authorizing Advertiseme nt for Bids for the 2012 Overlay Project , be removed from the consent agenda for discussion. Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com MOTION B Y HEDBERG, S ECOND BY SOUKUP T O APPROVE THE CONSENT AGENDA AS MOD I FIED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Hedberg: Asked the size of this year’s overlay project and how it compares to previous years. Theisen : Responded that 1.9 miles will be overlaid compared to 2.4 miles last year . Hedberg : Spoke of milling done on past project s and asked if this job will be a mill and overlay. Theisen : Affirmed this will be a mill and overlay with milling 1.5 inches from the curb line out seven feet. Then 1.5 inches of wear course will be put over the roadway. Gehler : Added that there is a section of roadway with wide cracks and subgrade failure so staff will go out ahead of the contract to mill out those sections and make corrections before the overlay is done. Hedberg : Asked if 15 years of a dditional wear will be gained. Gehler : Confirmed the goal is to ge t another 1 5 - 20 years of road life with maintenance such as crack sealing and sealcoat ing . Hedberg : Asked when the streets in this project were constructed. Theisen : M id - 1970s . Erickson : Commented that during a recent work session on roadways the importance of ea rly maintenance on roadways to help the overlays last longer was discussed . Gehler : Stated that the pavement management software identifies the roadways that are in condition to warrant an overlay . Noted that the previously mentioned roadway with subgr ade failure to correct is an example of work that needs to be done soon to avoid additional subgrade failure. MOTION BY HEDBERG, S ECONDED BY ERICKSON TO APPROVE RESOLUTION 12 - 084 APPROVING PLANS AND SPECIFICAT IONS AND AUTHORIZING ADVERTISEMENT FOR BI DS F OR THE 2012 OVE R- LAY PROJECT . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION No presentation was scheduled. PUBLIC HEARING Public Hearing to Consider Approval of an On - Sale Wine and On - Sale 3.2 Malt Liqu or License for Artisan Co f fee Bistro City Manager Boyles noted that co - owner Nannette Zetzman was in attendance. Spoke of the State req uir e- ments for liquor licensure as well as the City Code requiring a conditional use permit for issuance of a liquor l i- c ense in a C - 2 zone. State the applicant is aware of the compliance needs and is working with the Planning Commission for CUP approval. Comments : Keeney: Asked what licensure period is being applied for. Boyles : Replied this license is planned to be effective for a year beginning July 1, 2012; and that all other liquor licenses in the City are seeking renewal at the regular June 18 , 2012 Council meeting for the licensure year b e- ginning July 1 . MOTION BY ERICKSON, SECOND BY SOUKUP TO OPEN THE PUBL IC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing opened at 7:12 p.m. Comments: 2 06 04 2012 City Council Minutes No one stepped forward to speak. MOTION BY ERICKSON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ay es by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing closed at 7:13 p.m. Comments: Keeney : C ommented that liquor license enforcement is taken seriously and hopes this licensure would n ever experience negative asp ect s . Stated he is g lad to support the business in their expansion. Hedberg : Concurred with Keeney comments. Expressed belief that having a beer and wine license will be good addition to the ir venue. Soukup : Glad there will be a place to eat, have a gl ass of wine and catch up with friends. Myser : One of reasons for changing the C - 2 zoning was to help restaurants within the City be successful. This is the kind of opportunity envisioned. Wished them success in their business. MOTION BY HEDBERG, SEC OND BY SOUKUP TO APPROVE RESOLUTION 12 - 085 APPROVING THE CONDITIONAL ISSUANCE OF AN ON - SALE WINE AND ON - SALE 3.2 MALT LIQUOR LICENSE FOR THE ARTISAN COFFEE BISTRO. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSIN ESS Consider Approval of Resolutions Authorizing Execution of the Following Agreements for the Constru c- tion and Operation of the Marschall Road Transit Station: 1. Resolution 12 - 086 Authorizing the Construction Cooperative Agreement with Scott County for D e- sign and Construction of the Marschall Road Transit Station 2. Resolution 12 - 087 Authorizing the Memorandum of Understanding with the City of Shakopee for D e- sign and Construction Services for Marschall Road Transit Station 3. Resolution 12 - 088 Authorizing Joint Powers Agreement for the Operation and Maintenance of the Marschall Road Transit Station Assistant City Manager Kansier reviewed the direction Council provided at the last meeting to seek assur ance that the proposed Marschall Road Transit Station change s would not negatively impact transit service from E a- gle Creek and Southbridge stations. Spoke of grants received and buses under procurement . Three new bu s es will allow service from Marschall Road without taking service from the others. Commented that it is unknown which station riders will choose for service; but it is known that the more service options provided i n creases the likelihood that riders will use the service. Comments: Erickson : Asked about the feasibility of airport express service t hrough a private company ; and whether ove r- night parking could be considered in conjunction with that. Kansier : Intro duce d Lisa Freese from Scott County. Freese : Replied the County has been in discussion with Land to Air, an affiliate of Jefferson Line s. They cu r- rently provide service in Jordan and Belle Plaine with no parking; and have expressed interest in providing se r- vice at this transit station. Stated the station c ould provide some overnight parking in limited duration with some kind of price st ructure ; but when the station is at full occupancy, another solution for parking would be nee d ed. Noted that o vernight parking would require additional security and other services that currently do not exist. Erickson : Queried what the time frame might be for such a service. Freese : Land to Air indicated they would like to begin service out of that station as soon as it is opened, which is projected for mid to late summer of 2013. Erickson : Asked about the plan to avoid reduction of service at othe r stations . 3 06 04 2012 City Council Minutes Freese : Replied that a complete operations plan is not yet developed, and discussed potential solutions inclu d- ing mid - day service, service to the University, etc. Erickson: Asked if Land to Air service would ever be provided to Mankato a nd other outlying areas, noting that college students might be potential users. Freese: Replied that their existing service provides six trips down the Hwy 169 corridor from Mankato to the Airport and then to the downtown Hawthorne Station, which serves as a hub to all other connections. There may be collaboration to have some of our bus runs connect to the Hawthorne facility and make a connection through the Ma r schall Road station to reach Hawthorn. Keeney : Asked about coordination with Shakopee an d queried whether they are also adding three buses. Kansier : Replied that the CMAQ grant is a cooperative grant with Shakopee and the grant is providing three buses for all. Keeney : Asked for clarification on how many trips per day would be provided and whether comparable service will be sustained. Kansier : Replied that three buses could provide 12 - 14 trips per day. Currently b uses start at Southbridge or Safe Haven, which will be moved to Eagle Creek . All r eturn trip s go to both Southbridge and Safe Haven. That may be adjusted when the Eagle Creek service has been operational for a few months to learn whether that is still effective. Keeney : Clarified that the additional buses will be needed to provide full service and that the expectation is th at the level of users will escalate over a period of time. Kansier: Affirmed the objective is to grow the service and provide more destination options. Hedberg: A sked when the Marschall Road station is scheduled to open. Kansier : Replied it is scheduled for late summer for some building services; and total services in late 2013. Buses can take up to a year to procure. The arrival of the new buses and opening of the new station is antic i- pated to be close together. T he ci r culator bus can be used in the short term , if necessary . Hedberg : Queried if it is a proper assumption that the Mars c h a ll Road station will be opened when there is a d- ditional bus capacity available. Freese : The current project will be let in the fall, six months is planned to complet e interior building remode l ing. Completion of remodeling the site and construction of the bus ramp to the 169 off - ramp is planned in spring. The MnDOT contract requires that an express bus service, which is being coordinated with Shakopee and Prior Lake, be in place within a year. Assuming that the cities proceed with the bus procurement, the new buses and the park - and - ride service should be ready to begin at the same time . Hedberg : Asked when the additional buses will be available. Freese : Funds were a pplied for in 2009 for the three buses being built now. I n 2011, Shakopee led a grant a p- plication for three more buses which would be available in federal fiscal year 2015 (October of 2014). Those buses could be available in for use in early 2015. Hedber g: Stated his concern tha t opening the Marschall Road station creates a higher capacity of spaces than projected as a need before 2020 and that raises concern about weakening the service offered by not having enough trips available. Stated he is r eady to support this proposal with a reminder that staff was directed at the last Council meeting to bring a report to the Council if anything occurs to risk diluting the existing service. Soukup: Asked when Eagle Creek will be available for service. F r eese : R eplied it will be open in July and as ked Kansier about termination of service at South H a ven. Kansier: Stated the Eagle Creek station will have its first day of service on July 2 followed by a grand ope n ing within a week or so. Safe Haven’s lease en ds on July 1. People who use Safe Haven are already being not i- fied that they will need to use whichever other station is most convenient for them. Soukup : Asked if it is known how many users will be relocated from Safe Haven . Kansier : Believes most Saf e Haven users will move to Eagle Creek and perhaps some of the Southbridge u s- ers may also move to Eagle Creek. Does not believe any ridership will be lost. New space has better amenities with a shelter and lighting . Soukup : Asked if the same number of trips will be provided. 4 06 04 2012 City Council Minutes Kansier: Yes. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 086 AUTHORIZING THE CONSTRUCTION COOPERA TIVE AGREEMENT WITH SCOTT COUNTY FOR DES IGN AND CONSTRU C- TION OF THE MARSCHAL L ROAD TRANSIT ST A TION . VOTE: Ayes b y Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 087 AUTHORIZING THE MEMORANDUM OF UNDERS TANDING WITH THE CIT Y OF SHAKOPEE FOR DE SIGN AND CONSTRU C- TION SERVICES FOR MA RSCHALL ROAD TRANSIT STATION . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 088 AUTHORIZING JOINT POWERS AGREEMENT FOR THE OPERATION AND MA INTENANCE OF THE MAR SCHALL ROAD TRAN S- IT STATION . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of an Amendment to the Prior Lake City Code Section 605 Relating to Public Nu i- sances City Manager Boyles commented on t he issues the ordinance amendment is intended to address such as ide n- tifying an enforcement process, allowing complai nants to undertake a noise test and provide parameters within which retesting can be done and be reimbursed. Comments: Myser : Commented that he has received calls regarding noise complaints and believes it appropriate to r e view the noise ordinance and provide a process to manage cost and involvement in testing as well as a venue for re s idents to have noise issues addressed . Sees issue s a s having tests conducted at the time and place of di s- turbances and some way to have the r esident agree to the time and place that testing should occur. Boyles : R eferred to provisions proposed in 605.1011 (1) (d) . Myser : Q ueried whether a form for sign - off by the resident could work to supplement the ordinance . Keeney : Asked if the language should be strengthened. Myser : Replied that complainants say test s were not conducted at the right place and time . Keeney : Believes that is why the City is propo sing that they be allowed to have their own test. Myser : Agreed, but wondered if it would be helpful to have a sign off. Hedberg : Concurred it is a legitimate point and suggested language to say that to the extent that it is possible the time and pla ce of noise complaints could be replicated for the test. Soukup : Agreed that if the City is conducting tests and potentially reimburs ing the complainant for tests , the complainant sh ould sign off on it. Would support putting that in the ordinance. Boy les : Suggested additional language for the ordinance. Girouard: Commented that there will be situations where confirmation cannot be obtained from the complai n- ant, but the City will want to conduct the test. Suggested adding at the end of section “… complained - of noise, the City will seek to secure the complainants confirmation that the test is being performed at the same location and time of day as the complained of noise .” Erickson : Queried how location should be defined noting that noise can ha ve a different effect depending on whether the height of a building rises above the buffering trees. Girouard : Replied that the MPCA standards esta blish methodology for location. Myser : Stated the City cannot adopt noise ordinance more stringent than S tate sta ndards . 5 06 04 2012 City Council Minutes Keeney : C ommented that standards might dictate testing at the property line, but a complainant might be refe r- ring to what they hear inside their house and queried whether that might be the cause for differences. Girou ard: Replied that differences tend to deal with the distance or height of the noise source and the amount of time the measurements are taken. Noted that a ny testers used would be certified to conduct tests in accor d- ance with S tate standards so would defer to the expert ’ s f ind ings rather than what either the complainant or City feel is the appropriate location. Erickson: Asked how height, such as a bedroom on the second floor, is addressed. Girouard : Commented on measurement methodology of the MPCA standards indicating t hat the measurement of sound must be made at the point of human activity nearest to the sound source. All measurement must be made outdoors . Keeney : Stated he supports the clarification and from the point of view of providing final ization believes this w ill put in place a process where there is opportunity to measure the sound, the complainant can conduct their own test if they disagree and t hen get determination . This will not continue to be a subjective measure. There may still be situations where the re are borderline cases with conflicting re sults, but this will resolve most of the situ a- tions. Myser: Queried whether there is support for adding language for providing reimbursement. Erickson: Reiterated that reimbursement is only provided if the City’ s first test is found to be incorrect; the complainant disputes and a third test finds the City to be wrong . MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE ORDINANCE 112 - 03 REPLACING SE C TION 605.1000 OF THE PRIOR LAKE CITY CODE RELATED TO NOISE INCLUDING SECTION 605.1011 ( 2) AS OUTLINED IN THE STAF F REPORT, AND AN AME NDMENT TO 605.1011 ( 1) (D) WHICH ADDS “ … THE CITY WILL SEEK TO SECURE THE COMPLAINANTS CON FIRMATION THAT THE T EST IS BEING PE R FORMED AT THE SAME LOCATION AND TIME OF DAY AS T HE COMPLAINED OF NOISE” AT THE END OF THE F I- NAL SENTENCE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Erickson: The Concerts in the Park begin this Thursday at Lakefront Park with Classic Rock. Hedbe rg : The Lakefront Music Fest will be July 1 3 - 14 . Admission can be purchased in a d vance. Myser : Thanked the divers, boat owners, Captain Jack’s and other sponsors for the success of Lake Clean - up Day. EXECUTIVE SESSION The mayor announced that the cit y council will be adjourning to discuss labor negotiations in executive session pursuant to state statute. The meeting was recessed at 8:01 p.m. to conduct an executive session discussing the status of labor negotiations. The meeting reco n vened at 8:39 p. m. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Soukup a nd seconded by Hedberg. With all in favor, the meeting adjourned at 8:40 p.m. __________________________________ ________________________________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 6 06 04 2012 City Council Minutes