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HomeMy WebLinkAboutDRAFT 06 10 13 City Council minutes o� p �O�P � � V �' 4646 Dakota Street SE Prior Lake, MN 55372 ` �tNNES�� P REGULAR CITY COUNCIL MEETING MINUTES June 10, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Water Re- sources Engineer Young, Finance Director Erickson, Economic and Development Director Rogness, Planner Matzke, Fire Chief Hartman, Assistant City Manager Kansier, Assistant City Manager Meyer and Administrative Assistant 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 gov- ernmental topics rather than private or political agendas. Topics may be addressed at the Pub- lic 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 Pubtic Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: Buford Newbour, 3160 Vale Circle SW, expressed concern that code enforcement is excessive and believes he is being harassed. Stated he is receiving pressure to get work done in a time frame that is not possible due to his age and health. Hedberg: Thanked him for his comments and stated that staff will follow up. APPROVAL OF AGENDA MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE AGENDA WITH THE AD- DITION OF AGENDA ITEM 9C, TO RECONSIDER THE ACQUISITION OF THE DOWNTOWN ENTRY SIGN AND FIBER OPTIC WORK ASSOCIATED WITH THE INSTALLATION. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE MAY 28, 2013 CITY COUNCIL MEETING AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton 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 13-069 Adopting a Code Enforcement Policy C. Consider Approval of Resolution 13-070 Establishing a School Zone on 160t" Street for Hidden Oaks and Twin Oaks Middle Schools D. Consider Approval of Refusal Hauler Permits for 2013 - 2014 Phone 952.447.9800 / Faac 952.447.4245 / www.cityofpriorlake.com E. Consider Approval of Resolution 13-071 Accepting Quotes and Awarding the City's Standardized Construction Contract for the Jeffers Pass Storm Sewer Additions Project (City Project #STM-2012-006) MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. PRESENTATIONS Presentation of a Community Partnership Grant by CenterPoint Energy and Matching Funds by the Prior Lake Fire Relief Association Fire Chief Hartman stated that the grant from CenterPoint was used to purchase multi-gas monitors that are used when called out on carbon monoxide alarms, etc. Stated that the Fire Relief Association matched the grant. CenterPoint Energy representative Scott Mogen spoke of their community partnership program that lets them partner with local fire and police departments to leverage local funds to purchase safety equipment. Joe Zieska, Fire Relief Association officer, stated that the Fire Relief Association provided the matching funds to meet that criteria of the CenterPoint Energy program. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS Consider Approval of Two Resolutions Pertaining to the Ridgemont / Main Avenue / TH 13 Improvement Project (City Project #13-001): 1. Accepting Quotes and Authorizing Purchase of Street Lighting Hardware 2. Amending the Professional Services Contract with WSB 8� Associates City Engineer / Inspections Director Poppler described bids received for street lighting hard- ware and explained that Mountain States Lighting is recommended as they provided the only bid that met specifications. Stated that it is timely to order the hardware now due to the produc- tion timeline. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 13-072 AC- CEPTING QUOTES AND AUTHORIZING THE PURCHASE OF STREET LIGHTING HARD- WARE FOR THE RIDGEMONT / MAIN / TH 13 IMPROVEMENT PROJECT (CITY PROJECT #13-001). Morton: Asked the status of the discussion about not having decorative bases on all of the lights. Poppler: Replied that bids were solicited for two of the lights to be without decorative bases and that is the alternate bid shown in the agenda report. Hedberg: Clarified the amounts of the bids. Keeney: Concurred that the shoebox lights were going to be considered for some of the lights by the trail along Ridgemont. Supports that option. Suggested the City should standardize with at least two light vendors so we have the benefit of more competition on the bidding. McGuire: Asked about the life expectancy of the decorative lights. Poppler: Replied the life expectancy is the same for both styles of lights and anticipates that they will last 20 years or more. McGuire: Expressed reluctance to spend an additional $1,500; but noted that Lakefront Park is a key parkland for the City and it might be worth the extra expenditure if the lights last 20 years. Soukup: Asked what style of lights are in Lakefront Park. DRAFT 06 10 13 City Council Meeting Minutes 2 Poppler: Replied it is the decorative style as in the downtown. Noted that this quote is just for the hardware component. Portrayed both styles of lights. Soukup: Commented that Lakefront Park has the decorative style and the area is a corner- stone area. Believes those two lights should match the others. Keeney: Stated these are deluxe lights and he does not want it to become the standard for every light in the city. Stated it is more than a$3,000 difference for the two lights. Cannot sup- port these lights in locations that people may not even notice. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE MOTION TO APPROVE THE OPTION FOR SEVEN DECORATIVE LIGHTS AND TWO SHOEBOX STYLE LIGHTS. VOTE: Ayes by Keeney and Morton. Nays by Hedberg, McGuire and Soukup. The motion to amend failed. Morton: Asked Poppler to show where the nine lights would be placed. Poppler: Depicted the sites. VOTE: Ayes by Hedberg, McGuire and Soukup. Nays by Keeney and Morton. The motion carried. City Engineer / Inspections Director Poppler continued the report by stating the City secured additional monies for project #13-001 from the MnDOT Cooperative Agreement Program. The approval process increased the design work and coordination to secure the approval of the funds thereby necessitating the need to amend the WSB contract. Noted that WSB repre- sentative Don Sterna was present and could respond to queries. MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE RESOLUTION 13-073 AMEND- ING THE PROFESSIONAL SERVICES CONTRACT WITH WSB AND ASSOCIATES FOR THE RIDGEMONT / MAIN / TH 13 IMPROVEMENT PROJECT. Keeney: Asked if the work is already completed. Poppler: Replied that most of it is completed and noted that expenditures are still below the original contract amount. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution with Respect to an Appeal of the Planning Commis- sion's Decision to Approve Variances from the Minimum Lakeshore Structure Setback, Minimum Front Yard, Minimum Sum of Sideyard Setback, Minimum Building Separation, Maximum Impervious Surfaces and Minimum Lot Area for a Property in the R-1 Zoning District at 14354 Watersedge Trail Planner Matrke reviewed the variances approved by the Planning Commission and the subse- quent process undertaken following the Council's direction to mitigate impervious surface vari- ances for this applicant. The applicant proposed five steps to comply with Council's direction including elevation and runoff modifications. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-074 UP- HOLDING THE PLANNING COMMISSION'S DECISION TO GRANT APPROVAL OF VARI- ANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SETBACKS, MINIMUM BUILDING SEPARA- TION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT. DRAFT 06 10 13 City Council Meeting Minutes 3 Keeney: Commented that at the last meeting he felt the stormwater management for this prop- erty needed improvements as pervious surface is essential for controlling runoff into the lake. Will support the proposed recommendations by staff including the maintenance agreement. Be- lieves small lots by the lake should have these protections for the lake. Asked if staff looked at the trees that will be taken out during construction and what that will mean with the setbacks. Matzke: Replied that it appears the tree on the eastern property line will be removed. The trees on the front and back of the lot will likely be saved. The tree on the western side is mostly on the neighbor's property and will likely not be affected. Keeney: Asked how the loss of trees will be treated through the tree preservation ordinance. Matzke: Replied that the worst case scenario considers the tree will be removed. The com- bined tree loss mitigation at this site would require at least 3-4 inches of replacement trees which would probably mean planting a tree in the front and in the back of the lot. Hedberg: Stated that the three trees close to the proposed structure significantly overhang this property and he is inclined to direct replacement for any tree that is removed or significantly damaged of at least a three-inch diameter tree. Believes there is significant risk that all three trees will be lost. Soukup: Concurred. Favors a one-for-one replacement of trees that are lost in construction all over the City. Believes that would help with the City's tree inventory. McGuire: Agreed. Suggested that two years be allowed to learn if a tree is going to die. Soukup: Believes the replacement should just consider what is lost during construction. If it is disturbed during construction it should be replaced; but if a tree dies five or ten years later, that is too long to be held accountable for it. McGuire: Believes at least a year following construction makes sense. Keeney: Queried whether the standard tree policy addresses the time and replacement ratio. Matzke: Described the code and how it would apply to this lot. Morton: Stated she struggles with all of the variances being requested. Believes the lot is small for the size of the home planned. Asked for clarification on how the stormwater solutions will assist the neighboring properties. Poppler: Described the gutter system and raingarden that is planned. Drain tiles are planned for the retaining wall. Hedberg: Asked how much higher the elevation will be from the original plan. Poppler: A few inches. Hedberg: Asked how the impervious surface percentage will make the home perform. Young: Explained the raingarden and the long term maintenance agreement noting that the raingarden is sized to accommodate more than the runoff of the planned roof. Hedberg: Stated that the home on the east side of the property will be lower than this property and questioned whether the applicant was asked to reduce the size of the garage or move the house further to the west. Matzke: Responded that the placement is nearly centered on the lot. If shifted further to the west, another possible variance would be needed, and it would be closer to the tree on that side. Reducing the garage was not discussed. It is a standard sized garage to accommodate equipment storage since the property will have no basement nor room for a storage shed. Hedberg: Suggested to the property owner that they have natural plantings along the shoreline for part of the lot. Noted the benefit of property owners having half of their shoreline naturalized. Young: Commented that a raingarden addresses volume of water rather than water quality in this case as roof runoff is considered clean water. Spoke of buffers along the shoreline and their effect on reducing phosphorus in the lake. Noted that a typical buffer is 15 feet in depth. Hedberg: Commented that the Council should take a stand at some point to incent people to install shoreline buffers. There are many shoreline plants that are very attractive and buffers are the thing that will really improve water quality. Keeney: Stated he does not want to limit this property from doing a buffer. It could be an op- tion. Noted that it will become a permanent condition on this lot to have some kind of mitigation. DRAFT 06 10 13 City Council Meeting Minutes 4 Morton: Asked what would be done with the volume of water from the roof if this property has a buffer rather than a raingarden. Young: Replied the water would be directed toward the buffer. Morton: Asked if both sides of the house would be directed to the back of the lot. Young: Replied that would be a design decision; but water could be directed to the buffer. Soukup: Stated her belief that raingardens are for volume and pollutants. Young: In this case, the only water getting to it is the roof runoff which does not contain pollu- tants. MOTION BY HEDBERG, SECOND BY KEENEY TO AMEND THE MOTION TO ADD ITEM 4c TO THE RESOLUTION TO SPECIFY THAT ANY TREES ON ADJACENT PROPERTIES THAT ARE LOST OR DAMAGED WITHIN ONE YEAR BE REPLACED ONE-FOR-ONE WITH AT LEAST A THREE-INCH DIAMETER TREE; AND TO ADD ITEM 4d TO THE RESOLUTION TO SPECIFY INSTALLATION OF A SHORELINE BUFFER AT LEAST 20 FEET WIDE BY 15 FEET DEEP; AND A MAINTENANCE AGREEMENT WILL BE ENTERED INTO FOR THE BUFFER. McGuire: Asked about the depth of the buffer stating that 15 feet would use a lot of the back yard. Young: Replied that less than 15 feet would reduce the efficiency. VOTE: Ayes by Hedberg, Keeney, McGuire and Soukup. Nay by Morton. The motion to amend carried. Vote: Ayes by Hedberg, Keeney, McGuire and Soukup. Nay by Morton. The motion carried. Reconsider the Acquisition of the Downtown Entry Sign and Fiber Optic Work Associat- ed with the Installation MOTION BY SOUKUP, SECOND BY MCGUIRE TO RECONSIDER THE ACQUISITION OF THE DOWNTOWN ENTRY SIGN AND FIBER OPTIC WORK ASSOCIATED WITH THE IN- STALLATION. Soukup: Noted this item was on the agenda at the last meeting, but that she had difficulty con- ceptualizing the placement of the sign at that time. Keeney: Stated he is willing to reconsider the agenda item. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE ACQUISITION OF THE DOWNTOWN ENTRY SIGN AND FIBER OPTIC WORK ASSOCIATED WITH THE INSTALLA- TION Soukup: Stated she went with staff to view various placements of the City's portable electronic sign in order to visualize location of the proposed digital sign. Poppler: Displayed photos of potential sites. Hedberg: Clarified that the motion does not address the location. Soukup: Stated that it seems inconclusive at this time where the sign should be located, but believes that the sign is important. Would like to move forward with ordering the sign and laying the cable in the ground. Asked if costs of changing cable are known if a site is not chosen at this time. Poppler: Replied that a grading change may be needed, but the cost of the sign and the wiring should not vary. DRAFT 06 10 13 City Council Meeting Minutes 5 Soukup: Thanked staff for their assistance with the site study. Stated the sign is needed and it should be ordered so it will be ready for installation when construction reaches that point. Commented that the space for a digital message on the sign is timited and can only be clearly seen when four or fewer lines of graphics are used. Suggested the website address be en- graved on the sign itself rather than included as part of the message. Keeney: Agreed that the location of the sign could be determined at a later time. Stated he has received input from people in town, including downtown business owners, that specific busi- nesses cannot be advertised on this sign. Poppler: Responded that the City has a policy on sign usage limits. Keeney: Asked if State laws will apply. Poppler: Replied the sign will be on City property. Sterna: Noted that TH 13 right of way is about 40 feet from the edge of the pavement. Keeney: Sought to clarify whether or not advertising could be placed on the sign. Meyer: There is a policy for the existing digital downtown entry sign. When developing the pol- icy, parameters were put in place to allow staff to learn how to manage the sign, how much con- tent can be viewed by drivers, etc. The policy has come up for review with the Communications / Technology Advisory Committee. When the stop light is installed on Arcadia and more screens can be viewed while waiting at the light, the policy may be revised and brought back to the Council for approval. Cannot comment on statutory limitations as that research has not been undertaken. Rosow: Stated that other than using the MnDOT right of way, there would not be problem with the City determining what goes on the sign. Believes problems will not originate with statutes and rules, but rather the issues that will be raised by billboard companies and other sign busi- ness owners to have other off-premise signs in the community. If it is opened up for the City, it is opened up for everybody. Keeney: Believes there is issue with whether there is support for this or not. Most downtown business owners just want people to know where downtown is. Stated he does not favor the expensive digital part of the sign as that has limited value and is hard to read. Favors a sign without the electronic message board and associated wiring costs. Commented that having the website address built into the sign might cause it to be outdated soon. Suggested that an add- on plaque might serve the purpose. Hedberg: Recalled something about signs of regional significance in the ordinance. Boyles: There is one sign on the corner of CR 83 / CR 42 that advertises Mystic Lake Casino. It is technically off of their premises. It is a sign of regional significance and it is one of the few opportunities that our ordinance provides. One could argue that these signs may be of regional significance and might qualify under that ordinance without incurring the issues of opening up off-premise signage for everyone. Morton: Agreed that signage is important. Expressed concern about digital signage contrib- uting to distracted driving and believes that would be a hazard. Noted that studies about digital signage and distractions are inconclusive. Could support a sign depicting the downtown area without the digital display board. Poppler: Concurred that information about distracted driving and digital boards is inconclusive. Keeney: Asked about the cost of the electronic component. Sterna: Replied it comprises about half of the cost of the sign. VOTE: Ayes by Hedberg, McGuire and Soukup. Nays by Keeney and Morton. Motion carried. NEW BUSINESS Consider Approval of 2012 Annual Financial Report and Management Letter Finance Director Erickson thanked staff who played a key role in the 2012 audit. Introduced Jim Eichten from MMKR. Eichten stated the City received an unqualified opinion on financial statements; no deficiencies in internal control over financial reporting; no instances of noncom- DRAFf 06 10 13 City Council Meeting Minutes 6 pliance and no findings on testing of compliance with Minnesota laws and regulations. Stated the City has an improving general fund condition and improving enterprise fund financial trends. MOTION BY MORTON, SECOND BY SOUKUP TO ACCEPT THE 2012 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER AS SUBMITTED. Keeney: Stated the report reflects continued conservative budgeting and revenues that exceed conservative estimates. Cautioned the Council to not go into "checkbook spending" mode with the General Fund. Noted there are improvements compared to last year's report and financial controls continue to be improved. Congratulated Erickson and staff for achieving that. Soukup: Congratulated Erickson and staff for a year with no findings. Hedberg: Echoed congratulations. Noted significant improvement in enterprise funds related to water usage last year and that the unexpected increase in water fund balance will impact rates going into the future. Stated that including comparisons to last year and to budget were an improvement over last year's report. Believes there should be changes in financial perfor- mance standards to include a tax rate comparison base that is broader than Scott County; hav- ing a residential taxes per household analysis; and including a performance standard on debt. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Regarding the Liquor License Renewals for 2013-2014 City Manager Boyles reviewed the liquor licenses currently held in the City. Stated that appli- cants have submitted required documentation for renewal. MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-075 AP- PROVING THE LIQUOR LICENSE RENEWALS FOR 2013-2014. Soukup: Asked why there are some variances in the fee for different establishments. Boyles: Responded that late fees were included in three of the licenses. Not aware of any special circumstance that would cause different rates. Keeney: Commented that the fee for the off-sale license seems low compared to the on-sale license when both incur the same compliance and background checks. Wants to assure we are covering costs on the off-sale licenses. Glad to learn there were no violations in the past year. Hedberg: Requested that the variance of fees between off-sale and on-sale should be added to the discussion of fees for next year. McGuire: Believes off-sale licensing fees is regulated by State law. Boyles: Stated that will be researched when considering the new fee schedule. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OTHER BUSINESS No other business was brought forward. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Soukup and seconded by Morton. The motion carried and the meeting adjourned at 9:10 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT 06 10 13 City Council Meeting Minutes �