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HomeMy WebLinkAbout02 10 14 City Council Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES February 10, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, and Soukup, City Manager Boyles, City Attorney Schwarzhoff, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Gehler, Finance Director Erickson, Fire Chief Hartman, Police Chief O’Rourke, 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 governmental topics rather than private 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 pend- ing litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles requested removal of item 9A, Consider Approval of a Resolution Amending the City Council Bylaws Regarding the Public Forum. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE THE MINUTES OF THE JANUARY 27, 2014 CITY COUNCIL MEETING. 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 th B. Consider Approval of 4 Quarter 2013 Investment Report C. Consider Approval of December 2013 Treasurers Report Resolution 14-021 Consider Approval of Accepting Grand Funds, Authorizing the Mayor D. and the City Manager to Enter into an Intergovernmental Agreement Between the Shakopee Mdewakanton Sioux Community and the City and Authorizing an Amendment to the 2014 General Fund Budget Resolution 14-022 Consider Approval of Authorizing City Staff to Request a Change to E. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com the Category Assignment of Trunk Highway 13 Resolution 14-023 Consider Approval of Declaring the Official Intent of the City of Prior F. Lake to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City Resolution 14-024 Consider Approval of Amending the Professional Services Contract G. with WSB & Associates for the Ridgemont / Main / Trunk Highway 13 Improvement Pro- ject (City Project #13-001) Resolution 14-025 Consider Approval of Accepting Quotes and Authorizing the Mayor H. and City Manager to Execute the City’s Standardized Contract for Refuse and Recycling Pickup and Disposal Ordinance 114-04 Consider Approval of Amending Subsections 1104.201 and 1104.900 I. of the Zoning Ordinance to Include Cleary Lake in Shoreland Regulations and to Include a New Section for Shoreland Nonconforming Lots Councilor Morton requested that items: Resolution 14-022 Consider Approval of Authorizing City Staff to Request a Change to E. the Category Assignment of Trunk Highway 13 Resolution 14-023 Consider Approval of Declaring the Official Intent of the City of Prior F. Lake to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City Resolution 14-024 Consider Approval of Amending the Professional Services Contract G. with WSB & Associates for the Ridgemont / Main / Trunk Highway 13 Improvement Pro- ject (City Project #13-001) be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda are considered following New Business items. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. PRESENTATIONS Charlotte Green Retirement City Manager BoylesAdministrative Assistant Green’sMayor Hed- reviewed role at the City. berg read a proclamation declaring February 14, 2014 Charlotte Green Day in Prior Lake. Green spoke briefly to express appreciation. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS No old business was considered. NEW BUSINESS Consider Approval of an Ordinance Amending Subsections 1101.1000 and 1102.1102 of the Zoning Ordinance to Include Senior Care Facility as a Permitted Use in the C-2 Use District Community and Economic Development Director Rogness stated the ordinance was reviewed to consider a senior care facility definition. This proposal meets the definition found in Minnesota Statutes and is proposed to be permitted with a conditional use permit in the C-2 zone. Related the conditions to be considered. Stated a public hearing was held by the Planning Commission which recommends approval. 2 DRAFT 02 10 14 City Council Meeting Minutes ORDINANCE 114-05 MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE AMENDING SUBSECTION 1101.1000 AND SUBSECTION 1102.1102 OF THE PRIOR LAKE CITY ORDI- NANCE. Morton: Asked about off-street parking and whether the proposed condition offers enough parking. Rogness : Replied that staff reviewed similar types of development to learn what is being done in the marketplace. The proposed 1:1 ratio includes both underground and surface parking. Noted that assisted living and memory care residents do not have vehicles and those spaces would be available for employees and visitors. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Report with Respect to Presumptive Penalties for Liquor Sales to Minors Police Chief O’Rourke reported on the results of a survey of neighboring cities regarding their ordinance’s presumptive penalties. Reviewed Prior Lake’s code and provided examples of how it has been applied. Keeney: Asked if the survey reveals how often cities impose the maximum penalty allowed by the State. O’Rourke: Replied that the survey did not ask that. Noted that a food service business can remain open with just its alcohol sales restricted. Keeney : Commented that current enforcement is triggered by a criminal conviction and asked if that is required by State law. O’Rourke: Replied that the license could be suspended civilly, but with the City’s ordinance if there is no conviction, there is no violation. Schwarzhoff : Replied that the City could hold a civil hearing, but it would take more steps to pro- cess in this way because the factual groundwork would have to be laid in order to conduct the hear- ing. Keeney : Stated he would prefer getting away from putting all of the burden of a violation on the employee when businesses may have lax training or lax policies. Would be interested in what could be done in the absence of pursuing a conviction in every case. Perhaps the Council could then show leniency when it seems as though human error occurred and it is really management at fault. Asked if temporary licenses are subjected to the same penalties and whether an organization would be denied a subsequent license in the event of a violation. O’Rourke: Replied that the presumptive penalty would not apply, but ordinance allows the Council to apply a fine, etc. McGuire: Asked if we are aware of whether places that have a restrictive penalty such as Prior Lake’s have fewer violations than cities that just administer a fine. O’Rourke : Replied he does not have that information. Morton : Commented on the concept of best practices and queried whether there would be an administrative role for the City to apply it. O’Rourke : Affirmed. Stated that ordinance requires all employees to receive the training that covers all of the laws that apply to alcohol sales. The City offers the same training that the best practices cities do for any liquor establishment in the City. Some have taken advantage of it; others have not. Morton : Asked if a business is required to show they have provided other training if they do not use the City’s training. O’Rourke : Replied that businesses are told it is a requirement when they apply for a license. Morton : Clarified that O’Rourke feels the current ordinance penalties is reasonable since there have been no second offenses. 3 DRAFT 02 10 14 City Council Meeting Minutes O’Rourke : Affirmed. Stated he would sympathize with the employee rather than the license hold- er. Believes the ordinance is accomplishing the goal of avoiding sales to minors. Soukup : Asked if the training can be offered to organizations that host events with liquor sales. O’Rourke : Replied that the training is offered to any group or organization in the community that wants it. McGuire : Stated he does not support or encourage underage drinking or smoking, but wants all businesses on an even playing field. Noted that liquor stores in Savage are within competitive range and their ordinances are more lenient. In response to comments that employees are hurt by the penalties, believes it would be appropriate to have the businesses subject to some type of fine up to $2,000, require they have best practices training and the City should be more pro-active with volunteers. Stated it is hard that volunteers who have an incident of violation must pay a personal fine and have a criminal record for selling; and the City needs to provide better training for volun- teers. Suggested sending this topic to the Community Safety Advisory Committee to get their input. Soukup : Believes the ordinance needs to be stringent. Commented that MGM Liquor has a loca- tion next to the lake and customers can purchase and then be out on the lake or in other recrea- tional areas. Stated that if Savage is going to let their liquor stores get away with it and not fine them, that is their business, but she wants our community to be safe. Stated she is strongly behind this ordinance and is not willing to provide any leeway. McGuire : Believes it needs a “bigger picture” review noting that stating the City does not care if customers purchase in Savage; but those customers can buy and then bring it into our community anyway. Hedberg : Recapped that the issues seem to be consideration of the presumptive penalties for the first offense, what should be done in terms of volunteer training for community events, and consid- eration of changing the ordinance to require training of all volunteers. Favors asking the Communi- ty Safety Advisory Committee to review these issues with staff and bring recommendations back to Council. Keeney: Agrees with the mandatory training conducted by the City. Suggested there could be consideration for situations where the clerk is not prosecuted when there is a management problem or it is a charitable organization. MOTION BY MCGUIRE, SECOND BY HEDBERG TO REFER THIS TOPIC TO THE COMMUNITY SAFETY ADVISORY COMMITTEE TO LOOK AT FIRST TIME VIOLATIONS, MANDATORY TRAINING AND PURSUING CIVIL VIOLATIONS FOR POTENTIAL LENIENCE FOR AN EM- PLOYEE. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Nay by Soukup. The motion carried. Consider Approval of an Interim Ordinance Temporarily Prohibiting Hookah Lounges and a Resolution Authorizing a Study to Determine What Amendments to the City Code are Re- quired to Protect the Public Health, Safety and Welfare with Respect to Hookah Lounges City Manager Boyles stated that the City has not yet had opportunity to look into the issue of hookah lounges and how such a business should be zoned. Suggested the topic could be ad- dressed by joining with nearby communities to study and devise ordinance that is consistent within the area. ORDINANCE 114-06 MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFER- ENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVI- SIONS. McGuire: Asked staff to explain what a hookah lounge is. 4 DRAFT 02 10 14 City Council Meeting Minutes Schwarzhoff : Replied that a hookah lounge is an establishment at which tobacco is sold and smoked communally while in the building, usually out of a shared device called a hookah. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. RESOLUTION 14-027 MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE AUTHORIZ- ING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO HOOKAH LOUNGES. Morton : Asked if the staff will conduct the study with other cities, or if it will be done with consult- ants. Boyles : Replied the intent is for City staff to work with staff of other cities. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Approving a Preliminary Plat Known as the Geister Addi- tion Community and Economic Development Director Rogness reviewed the application for a nine- lot subdivision and displayed the site. Stated that water and sewer was stubbed in during the summer 2013 improvement project. A preliminary roadway layout to the Geister Division and adja- City Engineer / cent land was displayed. Provided site details of area, units, streets, utilities, etc. Inspections Director Poppler discussed the grading plan. Rogness stated the Planning Commis- sion discussed trails and sidewalks. As the area further develops, streets could be provided to have sidewalks or trails that could link with the trail system around the wetland feature. Poppler commented that the future roadway system is anticipated to parallel CR 17 all the way to TH 13. RESOLUTION 14-028 MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE APPROV- ING A PRELIMINARY PLAT KNOWN AS GEISTER ADDITION. Hedberg : Asked if there is sufficient sewer capacity to develop any of the additional land. Poppler : No. The Stemmer Ridge Road needs to be completed as that is the planned link to the annexation area. Currently, the limiting capacity is the lift station. Hedberg : Added that the connection is scheduled to be completed next year. Asked if the connec- tions are in place to serve the additional land area if the Stemmer Ridge Road connection is com- pleted next year. Poppler : Affirmed. Keeney : Clarified that the cul-de-sac at the end of Geister Addition will always be a dead end so there is no need for sidewalks. Poppler : Affirmed and displayed the flood plain of Spring Lake which wraps around the Geister Addition. Keeney : Asked if there is a park dedication associated with the development. Rogness : Replied that money would be deposited in the park dedication fund. Keeney : Asked if the outlot would be given back if the road network does not develop. Rogness : Replied that the conveyance may stay with the developer. McGuire : Asked if the developer would need to be paid any additional costs if the road is built on the outlot. Rogness : Replied that as further development dictates whether or not the road is built, the City might require as a condition of the next phase of development that it be replatted as right of way. McGuire : Clarified that the outlot would remain with the bigger parcel and not be part of the nine lots. 5 DRAFT 02 10 14 City Council Meeting Minutes Hedberg : Clarified that the City would be reimbursed for oversizing if the new street is designated as a collector street. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. ITEMS REMOVED FROM CONSENT AGENDA Consider Approval of Resolution 14-022 Authorizing City Staff to Request a Change to the Category Assignment of Trunk Highway 13 RESOLUTION 14-022 MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE AUTHORIZ- ING CITY STAFF TO REQUEST A CHANGE TO THE CATEGORY ASSIGNMENT OF TRUNK HIGHWAY 13. Morton : Asked about the difference between 4B and 5B categories referred to in the agenda re- port. Poppler : Referenced the category designation in the MnDOT Access Management Manual ex- plaining the difference is in the access spacing. Morton : Asked if the change is desired in order to have access intersection potentially closer to- gether. Poppler : Replied that many accesses are already at the quarter-mile spacing because of wetland impacts. When Comprehensive Plans were completed it was noted that the highway is more like a minor arterial rather than a principal arterial and there are issues with curves limiting visibility and wetlands. Hedberg : When the downtown south study and follow-ups to it were done, it was revealed the Metropolitan Council, the cities and the County had established TH 13 as a minor arterial, but MnDOT has classified it urban north of TH 13 and rural south of TH 13. Requesting re-designation to align with the Comprehensive Plan for the entire corridor seems appropriate. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Declaring the Official Intent of the City of Prior Lake to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City RESOLUTION 14-023 MOTION BY MORTON, SECOND BY SOUKUP TO APPROVE DECLAR- ING THE OFFICIAL INTENT OF THE CITY OF PRIOR LAKE TO REIMBURSE CERTAIN EX- PENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Morton: Asked about projects included with the intent to bond that have already been determined not to be done such as Rolling Oaks. Erickson : Replied that it is desirable to standardize the document to include all projects that were in the Capital Improvement Program that is adopted each year even though changes may be made throughout the year. In this case, a well was added in the event that we will have to install a new well this year. Hedberg : Added that there are current, active negotiations to discuss plats for the Meadowlawn properties so it is conceivable that the Rolling Oaks project will be reconsidered in the next year. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Amending the Professional Services Contract with WSB & Associates for the Ridgemont / Main / Trunk Highway 13 Improvement Project (City Project #13-001) 6 DRAFT 02 10 14 City Council Meeting Minutes City Engineer / Inspections Director Poppler reviewed the changes that brought about the need for this amendment including the progression of the contractor, MnDOT wire requirements, changes to the building, etc. Stated that this a State Aid project with cooperative funding and using State Aid funds requires considerable process that WSB is helping with. RESOLUTION 14-024 MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE AMENDING THE PROFESSIONAL SERVICES CONTRACT WITH WSB AND ASSOCIATES FOR THE RIDGEMONT / MAIN / TRUNK HIGHWAY 1 IMPROVEMENT PROJECT (CITY PROJECT #13- 001). Morton : commented that approximately $18,000 is due to delays by Chard. Asked why they are not incurring that expense. Poppler : Replied that work is expected to progress in a certain manner when WSB proposes con- tracts and when their proposed hours are exceeded, they require an amendment to the contract. Chard’s contract included completion deadlines and the roadway is usable and the work substan- tially completed which meets Chard’s obligations; but WSB will be continuing until all work such as landscaping, etc. is complete. Morton : Asked why City resources cannot be used to finalize the project rather than WSB. Poppler : Replied that City staff does projects that do not use MnDOT funds. WSB was hired to fulfill the additional processes required by MnDOT. Morton : Commented that the remaining work such as landscaping does not seem to have anything to do with the roadway and asked why that was necessary to finalize the MnDOT funds. Poppler : Replied that it is a line item in that project. Keeney : Asked what the additional work was that required an additional four weeks of Chard’s time. Asked if full time inspection and documentation is required and when WSB is totally allocated to this project. Poppler : Replied that an example might be that there may have been multiple crews. Keeney : Clarified that performance of the construction contractor caused additional cost for the engineering contractor. Hedberg : Asked what has been done about approaching Chard. Poppler : Replied that the substantial completion date was met and that is the criteria used to measure compliance. Boyles: Noted that the City has written to the contractor for liquidated damages for other projects. VOTE: Ayes by Hedberg, Keeney, McGuire and Soukup. Nay by Morton. The motion carried. OTHER BUSINESS No other business was brought forward. EXECUTIVE SESSION The Council moved to Executive Session at 8:41 p.m. to conduct the annual performance review of the City Manager. RECONVENE Mayor Hedberg reconvened the meeting at 10:41 p.m. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by McGuire and seconded by Soukup. The motion carried and the meeting adjourned at 10:42 p.m. ___________________________________ Frank Boyles, City Manager 7 DRAFT 02 10 14 City Council Meeting Minutes