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HomeMy WebLinkAbout5C - CC Bylaws Amendment Report 0 PR/0 u 4646 Dakota Street SE Prior Lake, MN 55372 4 ttNNEse* CITY COUNCIL AGENDA REPORT MEETING DATE: March 10, 2014 AGENDA #: 5C PREPARED BY: Frank Boyles, City Manager PRESENTED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING THE CITY COUNCIL BYLAWS WITH RESPECT TO PUBLIC FORUM DISCUSSION: Introduction The purpose of this agenda item is to request City Council consideration of amendments to the City Council Bylaws to clarify permissible topics for comment at public forums. History At the January 13, 2014 meeting (Minutes attached) the City Council directed that the Bylaws and Compensation Committee clarify the meaning of the City Council Bylaws with respect to permissible topics for discussion. Some of the Council believed that the Bylaws prohibited public forum comment on a topic for which a public hearing has been held or scheduled. Others believed that a topic could not be discussed if it was a public hearing topic on that evening's agenda. The City Council asked that a clarification be made to the Bylaws to resolve this question (existing Bylaws attached). Current Circumstances The Bylaws and Compensation Committee met to discuss this matter. They identified various circumstances which would be treated differently to protect due process while affording opportunity for public input as follows: • A public hearing has been held by the City Council or another of its advisory bodies and final action has been taken. • A public hearing has been held by the City Council or another of its advisory bodies and no final action has been taken. • A public hearing is scheduled on a topic for the current or a future meeting. The following language is intended to clarify all three instances: The City Council Agenda sheet shall include the following statement: "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) Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 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. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (i) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not taken action on the topic; or (ii) if the topic is the subject of a scheduled or continued public hearing or public information hearing on the current agenda or at a future meeting before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. 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." Conclusion The City Council should determine if the Bylaws and Compensation Committee has been responsive to the Council's direction in the proposed language change above. ISSUES: Under the proposed language, if a public hearing has been conducted but no final action taken, the topic may not be discussed at the forum. On the other hand, if a public hearing has been conducted and final action taken, the item may be discussed at the forum. If a public hearing is scheduled for a current or future meeting of the City Council or other advisory council meeting, then the topic may not be discussed at the forum. The Bylaws and Compensation Committee did discuss the continuation of public hearings when new information is to be provided. The existing Bylaws allow the Council to do one of two things after taking testimony at a public hearing: (1) Close the public hearing — this means that the public input portion of the meeting is over. (2) Continue the public hearing to a date certain. This situation arises when the Council realizes after the public portion of the hearing that additional information is needed for decision making purposes. In this instance, the City Council may direct staff to provide certain additional pieces of information and following receipt of that information may resume testimony until it chooses to close the hearing on the basis that the information is complete. This option is already allowed by City Council Bylaws. It is up to the Council to use this provision when it desires. FINANCIAL Additional time may be required to implement these Bylaw amendments, IMPACT: but they may facilitate greater public input into the decision making process. ALTERNATIVES: 1. Adopt the Bylaw revisions as proposed by the Bylaws and Compensation Committee or with amendments. 2. Take no action and leave the Bylaws "as is ". 3. Provide additional direction to the staff. RECOMMENDED Alternative #1. MOTION: PRI0 U 4646 Dakota Street SE Prior Lake, MN 55372 4 r sot REGULAR CITY COUNCIL MEETING MINUTES January 13, 2014 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire and Morton, City Manager Boyles, City Attorney Rosow, City Engineer / Inspec- tions Director Poppler, Public Works / Natural Resources Director Gehler, Economic and De- velopment Director Rogness, Planner Matzke, Finance Director Erickson, Fire Chief Hartman, Police Chief O'Rourke, Assistant City Manager Meyer and Administrative Assistant Green. Councilor Soukup was absent. 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 Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: Mayor Hedberg queried whether the persons who signed up for the public forum wished to ad- dress the topic of reconstruction in their neighborhood. Noted that the topic has been the sub- ject of a public hearing and, therefore, is not eligible for discussion during the Public Forum; and the topic will be on the agenda at the next meeting. Members of the audience affirmed their desire to speak about the reconstruction project and stated they believe they have the right to speak. City Attorney Rosow confirmed that proce- dures about topics for discussion during the Public Forum are clearly stated in the City Council Bylaws, and the reconstruction project for which a public hearing has already been held is not an eligible topic for discussion at the Public Forum. Mayor Hedberg noted that Ernie Peacock is present at the meeting and that Mr. Peacock believes he should be allowed to speak. Hedberg further stated that any material Mr. Peacock has can be submitted to staff so it can be incorpo- rated into the agenda materials for the next Council meeting. Peacock proceeded to provide each councilor present with a file folder of materials. Wes Mader, 3470 Sycamore Trail, commented that he believes only topics on the current agenda are exempt from discussion at the Public Forum. Keeney: Commented on the bylaws and why the rules are in place regarding eligible topics. Stated the purpose for posting notice and having a public hearing is to encourage all interested parties to attend the public hearing, allow everyone to have an opportunity to be heard and not have additional information brought in at other times without all interested parties being aware of it. It is intended to increase transparency, not decrease it; and intended to give people confi- dence that the Council will not take input without awareness of all interested parties. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Tim Kadrlik, 17075 Maple Lane, requested the public hearing be reopened stating that some people have more information from the County. Hedberg: Responded that the Mushtown area reconstruction project will be on the January 27, 2014 agenda and staff has been directed to research additional information from the County among other things. Kadrlik: Stated that many people do not think it is right to continue with the project. Believes the residents should be allowed to have their say. McGuire: Stated that it is important for residents with additional information to get it to the Council and staff as soon as possible. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE AGENDA. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE DE- CEMBER 9, 2013 CITY COUNCIL MEETING. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. 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 November Treasurers Report C. Consider Approval of November Animal Control Services Report D. Consider Approval of November Fire Department Report E. Consider Approval of November Police Department Report F. Consider Approval of the 2014 Goals and Objectives for City Advisory Committees G. Consider Approval of Resolution 14 -001 Entering into a Professional Services Contract with Short Elliot Hendrickson for the 150th Street / TH 13 Improvement Project H. Consider Approval of Resolution 14 -002 Appointing Dan Shower to Serve on the Lakes Advisory Committee, and Resolution 14 -003 Appointing Kendall Larson to Serve on the Parks Advisory Committee 1. Consider Approval of a Resolution Amending Resolution # 13 -094 Authorizing the Pur- chase of Components for the Sunset Avenue Improvement Project J. Consider Approval of Resolution 14 -004 Directing the Planning Commission to Conduct a Public Hearing on a Zoning Ordinance Text Amendment Related to Senior Care Facilities K. Consider Approval of Resolution 14 -005 Approving Parking Restrictions on County State Aid Highway 44 from Fish Point Road to the City Limits L. Consider Approval of Resolution 14 -006 Approving the City of Prior Lake 2013 Pay Equi- ty Report Councilor Morton requested that items 5G and 51 be removed from the Consent Agenda for discussion. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. 01 13 14 City Council Meeting Minutes 2 Consider Approval of Resolution 14 -001 Entering into a Professional Services Contract with Short Elliot Hendrickson for the 150th Street / TH 13 Improvement Project MOTION BY MORTON, SECOND BY MCGUIRE TO CONSIDER APPROVAL OF RESOLU- TION 14 -011 ENTERING INTO A PROFESSIONAL SERVICES CONTRACT WITH SHORT ELLIOT HENDRICKSON FOR THE 150TH STREET / TH 13 IMPROVEMENT PROJECT. Morton: Asked if $55,000 represents only Prior Lake's share of the project. Poppler: Replied that the cost will be split with the City of Savage. Morton: Asked if the City has a formal agreement with Savage. Poppler: Replied that Savage led the feasibility study when this was last studied in 2007 and Prior Lake signed off on an agreement with them. This time the City is leading the project and Savage will pass a resolution to reimburse us. Morton: Asked why no cost - sharing agreement will be made with MnDOT. Poppler: This project will receive cooperative agreement monies with MnDOT contributing ap- proximately $1.5 million to the project. The cities are initiating preliminary design, feasibility study and final design; and when the project is bid and agreements are finalized, MnDOT will pay us back for some of this administrative cost. Morton: Asked about the costs of the original study and how much of it is being re -done with this project. Poppler: This project includes updating traffic numbers and looking at what has changed in work tasks #1 and #2 which include neighborhood meetings. A portion of work task #3 is pre- liminary design. When it is determined what will be built, the engineering for the preliminary de- sign will be new. Morton: Asked if there is just one preliminary engineering meeting scheduled for the third week of April. Poppler: Yes. Keeney: Noting that some of the study is to prepare the concept plan moving forward, asked what portion of the contract is re -doing previous work. Poppler: Replied that two- thirds of the study is to review crash data noting there is a new school in the area; and one -third of the study is new work. The original feasibility study provided cost components. With three agencies working on the project, all need this information in order to get it on their schedules. Hedberg: Recalled there were resident concerns about access and the need to go south to be able to turn north from some access roads back in 2007, especially around 150th Street. Those concerns are now imminent with construction scheduled for next year. VOTE: Ayes by Hedberg, Keeney and McGuire. Nay by Morton. Councilor Soukup was ab- sent. The motion carried. Consider Approval of a Resolution Amending Resolution #13 -094 Authorizing the Pur- chase of Components for the Sunset Avenue Improvement Project MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE A RESOLUTION AMENDING RESOLUTION #13 -094 AUTHORIZING THE PURCHASE OF COMPONENTS FOR THE SUNSET AVENUE IMPROVEMENT PROJECT. Morton: Clarified that this request is increasing the cost by the amount of the sales tax. Asked if the quote specified including the sales tax and questioned why the City should bear the cost of the mistake. 01 13 14 City Council Meeting Minutes 3 Poppler: Replied that the original resolution was based on the quote which did not define the inclusion of sales tax one way or the other. When the invoice was received, sales tax was add- ed to the cost. Boyles: Asked if the City put together the specifications or whether it was it done by quote. Poppler: Replied the City's lift station standardization policy was used which defines that the same materials are used on all lift stations. This vendor has provided all materials in the past and this problem has not occurred before. Morton: Asked if we paid sales tax in the past and if quotes included it in the past. Poppler: Replied that the resolution gave a specific dollar amount and the invoice is different from the original quote. Erickson: Commented that this item was pulled from Accounts Payable when the difference was noted on the invoice. Morton: Asked if it is typical for quotes to be inclusive of the sales tax. Erickson: Replied that was typical, and in 2014 this would not be subject to sales tax. Boyles: Noted that the City has paid the full amount. This vendor is used a great deal and staff will have an in depth discussion about procedures going forward. VOTE: Ayes by Hedberg and McGuire. Nays by Keeney and Morton. Councilor Soukup was absent. The motion failed. McGuire: Questioned the next step noting the Council cannot deny a bill that has been paid. Morton: Stated that if the quote was received in good faith and sales tax should have been in- cluded, it should not be paid. McGuire: Believes it appropriate to have City Attorney bring this back in two weeks to advise of options the Council may have. Hedberg: Noted the City acquires supplies and materials from this vendor on an ongoing basis. MOTION BY MCGUIRE TO PLACE THIS TOPIC ON THE JANUARY 27, 2014 AGENDA WITH AN OPINION ON WHETHER OR NOT THE CITY IS OBLIGATED TO APPROVE PAYMENT OF THE SALES TAX; AND TO HAVE STAFF CONTACT THE SUPPLIER TO LEARN IF SOME OF THE COST MIGHT BE NEGOTIATED. Keeney: Stated he would second the idea of having the City Attorney advise the Council about what happens to this. Rosow: Stated he can report back in two weeks on whether the sales tax is obligated. Be- lieves it is premature to negotiate on a partial payment until the law has been reviewed to learn about options. MCGUIRE AMENDED THE MOTION TO STATE THIS TOPIC SHOULD BE PLACED ON THE JANUARY 27, 2014 AGENDA WITH AN OPINION ON WHETHER OR NOT THE CITY IS OB- LIGATED TO APPROVE PAYMENT OF THE SALES TAX. KEENEY SECONDED THE MO- TION. Keeney: Stated his reason for voting against payment now is that this mistake cannot happen again. Does not want to get into habit of getting sloppy on who pays the tax. VOTE: Ayes by Hedberg, Keeney, McGuire and Soukup. Councilor Soukup was absent. The motion carried. PRESENTATIONS No presentation was scheduled. 01 13 14 City Council Meeting Minutes 4 PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of Annual City Council Appointments to Boards, Commissions and Committees City Manager Boyles reviewed the proposed appointments. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE RESOLUTION 14 -010 DESIG- NATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE APPOINTMENTS AS CITED IN THE AGENDA REPORT DATED JANUARY 13, 2014. McGuire: Asked if the proposal for Acting Mayor was recommended by the Mayor. Hedberg: Affirmed that it was. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. Consider Approval of a Resolution Authorizing the Refurbishment of a 1993 Peterbilt / Custom Fire Rescue Truck and Equipment Fire Chief Hartman provided statistics on the fire truck proposed for refurbishment. Noted that the maintenance regimen has extended the useful life of the truck and reviewed the mainte- nance that has been done on this unit. Because of low mileage and current condition, the unit is a viable candidate for refurbishment rather than replacement. Explained the work needed on both the cab chassis and the box /equipment. Reviewed quotes received. Explained the need to amend the 2014 budget for this project since it was delayed from 2013. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -008 AP- PROVING CERTAIN REPAIRS AND AUTHORIZING FUNDING FOR UNIT 9215 AS PART OF THE RESCUE TRUCK REFURBISHMENT PROJECT WITH BOYER FORD. Morton: Asked if the plan to migrate to a different system and assimilate parts from this vehicle into a different system would happen after ten years. Hartman: Replied that it would take place during the next ten years. When engines are re- placed, they will have different electrical systems to accommodate extrication equipment. Morton: Asked if the useful life of this truck is still expected to be ten years. Hartman: Replied that it will be utilized even as some equipment is moved as a command cen- ter or for ice rescue, etc. When it is replaced, it may be replaced with something different. Keeney: Commented that the rolling stock replacement plan has this as a refurbishment. Clari- fied that there is not a replacement truck for ten years. Asked why it was not included-in the 2014 budget. Erickson: Replied the resolution was anticipated for approval in 2013, but was unable to be addressed. 01 13 14 City Council Meeting Minutes 5 Boyles: Commented this is the first time the City has developed a refurbishment plan and a considerable amount of time was taken to assure all information was researched. Keeney: Will support. Hartman: Commented that the City will be looking at other trucks as they approach half -life to consider whether they are candidates for refurbishment. Ultimately that may change the equipment matrix as some trucks may be amenable to refurbishment and others not. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 14 -007 TO PROCEED WITH REPAIRS TO THE APPARATUS AND EQUIPMENT FOR UNIT 9215 PER THE QUOTE IN AN AMOUNT NOT TO EXCEED $69,021.75 AND TO AMEND THE REVOLV- ING EQUIPMENT FUND IN THE AMOUNT OF $69,022. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. Consider Approval of 1) an Ordinance Amending Subsections 1004.604, 1101.502, 1102.405, 1102.700 and 1108.406 of the Prior Lake City Code; and 2) a Resolution Approv- ing an Ordinance Summary and Publication Community and Economic Development Director Rogness and Planner Matzke provided an overview of City Code subsections being considered for amendment and discussed the spe- cific amendments being proposed. Matzke noted that the Planning Commission held a public hearing on these proposals and recommends approving the amendments to provide clarification and consistency. MOTION BY KEENEY, SECOND BY MORTON TO APPROVE ORDINANCE 114 -01 AMEND- ING SUBSECTION 1004.604, SUBSECTION 1101.502, SUBSECTION 1102.405, SUBSEC- TION 1102.700 AND SUBSECTION 1108.406 OF THE PRIOR LAKE CITY ORDINANCE. Morton: Asked if there was public discussion about aesthetics if one person's side yard be- comes apparent from another person's front yard. Rogness: Replied there was no public comment about that. The intent is to allow recreation equipment to be stored back from the 25 foot front yard setback and more closely define how the side yard is used for storage. Keeney: Asked about the distinction of the terms "parking" and "storing." Questioned if a boat, for example, could be on the driveway in the winter if it was being serviced. Rogness: Replied that current language uses "parked," and the term "stored" was introduced with these amendments. It appears "parked" is the term used for the on- season and at all other times items shall be "stored" in the side or rear yard. Hedberg: When considering whether to have an outlot vs. an easement, asked who would maintain an outlot. Matzke: Currently outlots are being maintained by homeowners. Hedberg: Asked which homeowner would be responsible for maintenance if the City requires homeowners to maintain an outlot as they require maintenance of the right of way between property and curb. Keeney: Asked if right of ways that include trails between houses are included. Matzke: Trails are taken by easement or under parkland dedication. That has been maintained by the City under parkland maintenance. When it is an easement, property owners have taken care of it. Keeney: Favors not reducing the setbacks from something used as trail or right of way. Clari- fied that this is intended for utility lots. 01 13 14 City Council Meeting Minutes 6 McGuire: Added his concern about outlot maintenance and would like to know how that will be dealt with. Rosow: Commented that with a sidewalk in the right of way, property owners are required to maintain it. The property owner still owns that property. The right of way dedication is in the nature of an easement, and the property owner can use it in any way they want that does not interfere with right of way use. If that property were vacated, the property would not go back to the City, but rather it would go back to the property from which it came. Stated he is not sure what authority the City has to make a property owner take care of an outlot that the City owns. Hedberg: Believes this question will arise in circumstances where someone will want fence in their back yard. Agreed this is an issue that needs to be addressed. Keeney: Added there could be issues of enforcing trespass and whether neighbors could ob- ject if people cut through there. Hedberg: Stated this is recent addition to design standards and with more developments being built, problems may have been designed in. Keeney: Questioned whether people would be precluded from putting in a common fence since the property is not theirs. Boyles: Noted that the City has a concept of private use of public property. Perhaps agree- ments could be entered into so people could install common fences with the understanding that the City could enter onto property if needed. Rosow: Commented that the reason to keep outlots is to keep structures out of that area. Easements are not effective because people view it as their property. If a fence is within an easement and the City has to go in for some reason and removes the fence; as a matter of courtesy the City might put the fence back up but it is not required to as a structure should not have been installed. Hedberg: Cited areas of ordinance that seem to need more work as this problem will arise un- less and until it is clarified. Rogness: Staff has had recent discussions about outlots vs. easements in anticipation of de- velopers being able to cite home locations, etc. Will continue to do so, but preliminary plats are proposed that will implement these changes in a way that fits well into their plat designs. Rosow: In a new subdivision, it would be possible to require restrictive covenants on adjacent lots that require the homeowner to maintain the outlot as part of the conditions of the preliminary plat. Stated such a covenant is not a tool that can be used for existing lots. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 14 -009 AP- PROVING THE SUMMARY OF ORDINANCE NO. 114 -01 AND ORDERING THE PUBLICA- TION OF SAID SUMMARY. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. Consider Approval of Resolutions Amending City Council and Advisory Committee By- laws as Recommended by the Bylaws and Compensation Committee City Manager Boyles reviewed proposed amendments to City Council bylaws and explained that the proposals are responsive to direction to look at how the bylaws address the consent agenda. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -011 AP- PROVING MODIFICATIONTS TO THE EXISTING CITY COUNCIL BYLAWS. 01 13 14 City Council Meeting Minutes 7 Morton: Stated the Bylaws and Compensation Committee tried to come up with a way to meet public need and be able to move City business along. The Committee perceived fairness of moving an item requested for removal to the end of the agenda so people who may be in at- tendance for other scheduled agenda items are not delayed. McGuire: Asked if it was discussed whether an individual requesting an item removed for dis- cussion should be required to remain at the meeting to observe that discussion. Morton: Replied that was not discussed, but it is expected that persons requesting removal of an item be prepared to give a rationale for its removal. Hedberg: Clarified that the intent is that the authority to remove something from the consent agenda remains with the Council. Morton: Affirmed. Keeney: Supports the proposed revisions to the bylaws regarding the consent agenda. Under- stands that it would only take one Councilmember to request an item to be removed from the consent agenda. Wondered if section 401.2 should be clarified regarding the intent of public forum topics. Morton: Interpreted it to apply to any topic that has been a subject of a public hearing and not just to a topic on the current agenda. Hedberg: Believed that to be the intention, but the language used is ambiguous. Rosow: Stated the phrase, "Topics may be addressed on the public forum that are on the agenda..." may be unnecessary to the bylaws. Suggested the second sentence say that "Top- ics that have been or are the subject of a scheduled public hearing or public information hearing before the Council, EDA, Planning Commission or other City advisory committee are not topics that may be addressed at the Public Forum." Hedberg: Suggested that it be considered by the 2014 Bylaws and Compensation Committee. Keeney: Previous bylaws specifically prohibited topics that were on the agenda, but wanted to allow the public to make comments if the topic was not a subject for a public hearing. Hedberg: Believes the exceptions are, broadly, the items that were or will be on a public hear- ing. Keeney: Recalled this was intentionally written to not allow lobbying comments on either side of an issue to be made at the meeting where the Council deliberates a decision when no public input opportunity had been published. Hedberg: Stated the topic should be referred to committee to propose language that removes any ambiguity. Boyles: Stated the Council may want to withdraw the motion and refer this matter back to committee. Keeney: Suggested the proposed changes should be made now and additional changes sug- gested by committee should be brought back to the Council. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. MOTION BY MCGUIRE, SECOND BY MORTON TO DIRECT THIS ITEM TO THE 2014 BY- LAWS AND COMPENSATION SUBCOMMITTEE. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. City Manager Boyles reviewed the proposed amendments to the advisory committee bylaws which are intended to define the role and relationship between staff and Council liaisons and advisory committees. Noted that some committees had specific recommendations intended to clarify operational procedures or objectives. 01 13 14 City Council Meeting Minutes 8 MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -012 AP- PROVING MODIFICATIONS TO THE EXISTING ADVISORY COMMITTEE BYLAWS. Morton: Commented that advisory committees are not desired to have authority to spend mon- ey, but rather to recommend that an expenditure be made. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. Consider Approval of a Resolution Approving a Preliminary Plat Known as The Enclave at Cleary Lake 2nd Addition Planner Matzke provided a history of the development and displayed its location. Described site details including conceptual home design and proposed park and trails. City Engineer / Inspections Director Poppler noted that most of the grading and stormwater plan has been implemented and only minor modifications will be needed. Described the plans for utilities. Matzke reviewed the conditions of approval recommended by the Planning Commission. Boyles: Offered amendments to the resolution as suggested by the City Attorney. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -013 AP- PROVING A PRELIMINARY PLAT TO BE KNOWN AS THE ENCLAVE AT CLEARY LAKE 2ND ADDITION WITH REVISIONS PROPOSED BY STAFF. Keeney: Stated it appears there are houses already built in the area. Matzke: Replied that all current construction is in the first addition. Keeney: Clarified that there will be no gravel road between Revere and Mushtown. Matzke: Correct. Keeney: Asked if there will be concerns about additional traffic on Mushtown. Poppler: Replied the new roadway will not be a collector route. There are currently around 200 trips per day and it is anticipated to increase by another 100 or so trips per day. Matzke: Concurred that the traffic count is minor. Hedberg: Commented there is heavy traffic going to playfields and asked if this will become an alternate route to get to those fields. Keeney: Wondered if additional housing would increase the burden on Mushtown into south downtown. There is other land that appears to be poised to be developed. This development will not put us over the tipping point, but there may be a long term trend to increased traffic. Poppler: Agreed further development here could increase trips to south downtown and Mush - town has been identified has a major collector due to that reason. Keeney: Asked if sewer capacity comments refer to this development or additional develop- ments beyond this. Poppler: Replied there is an opportunity to extend on 180th Street to the west and it is desirable to look at the area as a whole. Keeney: Asked if that should be a condition on the plat. Poppler: Replied that it is known where the lift station will be located and the sanitary sewer lines will not be oversized; the decision is whether the line is ended here or extended. Hedberg: Asked staff to depict where trails would be constructed. Asked whether the require- ment to reconstruct 180th Street to a rural standard was questioned by the developer. Poppler: Replied the developer is aware of that requirement. Noted that paving will be difficult due to wetland and drainage issues. Stated the 180th Street design needs to be worked out with the final plat. Hedberg: Asked if the adjacent township properties are part of the Orderly Annexation Agree- ment. 01 13 14 City Council Meeting Minutes 9 Matzke: Replied they are not. Hedberg: Anticipates some of the areas may be annexed by petition. Poppler: Commented that the type of trails in front yards and driveways could be considered for different standards such as eight -foot sidewalks rather than bituminous trails. When bitumi- nous driveways are put in place, trails become absorbed by driveways. Hedberg: Suggested that be worked into the final plat. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. The motion carried. Consider Approval of a Resolution Authorizing the Purchase of Network Hardware Assistant City Manager Meyer reviewed the need for the purchase and quotes received. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 14 -014 AU- THORIZING THE PURCHASE OF NETWORK HARDWARE FROM COMPUTER INTEGRAT- ED TECHNOLOGIES. Keeney: Questioned why only one manufacturer of the device was considered. Meyer: Replied that the City's information technology consultant recommended this as the most effective device and manufacturer although more than one quote was sought for the de- vice. Described the process used to obtain pricing. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilor Soukup was absent. 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 Morton and seconded by McGuire. The motion carried and the meeting adjourned at 9:52 p.m. qu..! Frank es, City Manager Charlotte Green, Administrative Assistant 01 13 14 City Council Meeting Minutes 10