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City Council - 12/03/2019 - Workshop APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 3, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. POTENTIAL ORDINANCE REVISIONS by Lieutenant Sackett (5:30 – 6:00) Mayor Case called the meeting to order. City Manager Getschow noted these are remaining topics yet to be covered this year. Lieutenant Sackett stated the purpose of the ordinance revisions are to provide clarity with language, to update ordinances to match State statute, and to provide consistency with neighboring communities. Sackett stated an update to the firearm discharge ordinance would clarify the discharge area with a required permit south of Flying Cloud Drive and make it consistent with the available land. The City partners with United States Fish and Wildlife Services (USFWS) on firearms regulation within this area. Nelson inquired why the City has a firearm discharge area. Lieutenant Sackett stated most, but not all, of the land in the southern portion of the City is over 40 contiguous acres. Case inquired if the City is legally required to allow a firearm discharge area. Weber stated a majority of the property is Peterson’s farm in the flood plain. USFWS has some regulatory authority. Case asked staff to look into the legality of eliminating a firearm discharge area. Nelson stated a hunt club could be zoned. Sackett noted the ordinance states provisions for distances. Aho noted firearms are limited to shotguns. Sackett stated massage licensing ordinances would be updated to be more consistent with other licensure. Specifically denials, revocations, and suspensions would go in front of the Police Chief. This would be consistent with peddlers, tobacco, kennels, and shooting. Any level two appeals would go before the City Manager. Getschow added in the past several years half a dozen denials have gone before Council as a consent item. City Attorney Rosow noted incomplete applications do not go before the Council. Sackett stated in regards to the trash container storage and screening ordinance, the purpose was to encourage home owners to keep containers close to their home or garage. Some properties are not able to comply with the 20 foot setback. The Hennepin County organics requirement in 2022 will mean more containers. Nelson inquired if the code references sight from the street or from another home. Sackett stated the issue is with the definition of side City Council Workshop Minutes December 3, 2019 Page 2 yard and front yard. It references the front most part of the house, but various house shapes can still have an area in front of their garage not technically considered the front yard. Getschow noted the code only references the front yard setback. Nelson added containers in the front yard may be less of an issue if there is a screening. Sackett responded if language is updated to require screening, screening would need to be clearly defined. The timing of when containers are out on the street is also being considered as Edina revised their code to 12 hours before and after pick up. Sackett stated liquor licensing needs updates to special events in order to be consistent with State statute. There are now breweries, distilleries, and self-service locations, so updates may need to be made to dispensing of liquor. In regards to kennel licensing, the ordinance specifies a private kennel license is required if a resident has more than two dogs or two cats. Staff are researching neighboring cities practices in order to be consistent. Nelson inquired if the ordinance states two dogs and two cats or only two of one. Case inquired if the City is comparable in their definition of a kennel. Rosow stated he would need to reference the code to determine if it is a total of two dogs and two cats or two of either. Narayanan inquired if the code should list a total number of animals allowed. Case stated dogs and cats should be listed separately. There are exceptions for fostering and rescues. Narayanan asked about exotic animals. Weber stated the code specifies terms for exotic animals. Narayanan inquired if number of cars in a driveway will be addressed in code revisions. Weber replied the City needs to determine how to define an operable vehicle. According to code, current registration on a vehicle deems it operable. Sackett stated certain zoning districts are missing in the noise ordinance. When new districts were created, some ordinances were not updated. Narayanan inquired if the firearm discharge area is conflicting with the noise ordinance. Sackett replied the ordinance specifies duration of noise. Aho noted firearm discharge is restricted to a certain distance from any structure. II. POLICE SECURITY AT COMMUNITY EVENTS by Police Chief Weber (6:00 – 6:30) Chief Weber stated staff conducted research on other cities procedures for special events. The City currently has some flexibility in its procedures to determine if they deem an event a public safety concern. Non-profit events or fundraisers have benefited from the flexibility as they pay for security services at larger events. The City has many large public events such as the fourth of July, the Lions event Schooner Days, the Air Expo, Eden Prairie High School football games, Arts in the Park, City Open House, PeopleFest!, Prairie Brewfest, special events at Grace Church, and the occasional visit from a well-known person. The City receives reimbursement from the school district for football games. This is viewed as relationship building with the police department, and the school resource officers often work during these games. Currently there is flexibility to determine the number of officers needed per event, but this may cause concern about officers staffing some events and not others. Case noted the procedures could be determined by the number of people gathered. Weber stated it is difficult to promise an officer at an event if they get called away for any reason. Often times an officer will make note during their shift to stop at an event. Case noted events serving alcohol would hire security and private companies and groups hosting large events would also hire. The City should be proactive with events. Weber noted the police City Council Workshop Minutes December 3, 2019 Page 3 department relies heavily on their crime analyst for information about large crowds and their potential behaviors. Concerns may arise at a smaller events as well. Case stated City events or large events should have a police presence. He would prefer a policy allowing the City to make the final determination on where security may be needed. Aho inquired how often the City is unaware of large events taking place. Weber responded there are exemptions to notifying the City of a public assembly. There is concern with a concrete policy in writing since it would be public information. Nelson inquired about large events at churches. Weber replied churches have requested officers, whether for events or Sunday services. In many instances the police department’s analyst has provided data and information on perceived risk to allow for better decision making. Case inquired if the City has met with the churches in the City about their strategies, events, safety, and concerns. Weber responded it has been some time since they last met. Weber stated potential additional security measures could include increased staffing, plain clothes officers, additional barriers, special weapons and tactics (SWAT) response teams, greater availability of long guns, drone flyovers, and additional training for officers. Freiberg inquired if the City has many drones. Weber replied staff are working on the purchase. Narayanan inquired if the City owns robots. Weber replied yes. Nelson inquired what the City’s policy is for security of an elected official. Weber responded a campaign would need to hire security, but the department would assist if a government body requested security. Weber stated the public assembly ordinance is for groups larger than 50 people with exemptions. Edina requires an officer if a temporary liquor license is issued. Plymouth has flexibility in determining how many officers are necessary at a special event. Bloomington has no requirements for an officer at special events, but they are available for hire for a three hour minimum. Blaine requires one officer per 1,000 people and two if alcohol is served. Three Rivers Park District requires security at four facilities for rentals after 8 p.m. Moving forward, the fire department may be involved in staffing at events to allow officers to focus on security. Open Podium - Council Chamber (6:30) III. OPEN PODIUM A. JOHN MALLO – RECYCLING John Mallo, 1400 Forest Hill Road, stated he contracts with Republic Services for residential recycling for 12.90 dollars per month. Residents of neighboring cities pay half the price. State Representative Pryor and County Commissioner Callison provided him with an average price of 3.50 dollars for single family recycling in Hennepin County. There are currently only two cities in the County that do not contract for residential recycling services, Eden Prairie and Richfield. Eden Prairie should contract for recycling. City Council Workshop Minutes December 3, 2019 Page 4 Mayor Case requested the Conservation Commission review this subject and provide report to the Council. When the organics requirement begins, a single organics hauler may be worth considering. Ellis stated four haulers currently do residential services, two of which do organics pick up. The City would likely consider an organized hauler for recycling and organics when the County requires organics. Getschow noted the City has a solid waste management plan. IV. ADJOURNMENT