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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA March 17, 2008 6 p.m. Ci Hall 150th Street I TH 13 Intersection 4:30 p.m. This meeting is open to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. 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 are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF MARCH 3, 2008 MEETING MINUTES 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Council member, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of a Resolution Extending the Deadline for Submittal of a Final Plat for Maple Glen 3rd Addition. G. Consider Approval of a Resolution Authorizing the Purchase of: 1) One Sterling L T9500 Tandem Dump Truck, 2) One Holder SidewalklTrail Machine, 3) One Toro Multi.Pro 57000 Herbicide Sprayer, and 4) One Ford F550 and Appurtenant Equipment. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 H. Consider Approval of a Resolution for a Revised Mutual Aid Agreement for Police Services with Scott County and Other Scott County Law Enforcement Agencies. I. Consider Approval of a Resolution Approving a Joint Powers Agreement Between the Cities of Prior Lake, Savage, Shakopee and Scott County to Establish, Equip and Operate the Tri- City Tactical Team. J. Consider Approval of a Resolution Renewing an Access Agreement Between the State of Minnesota, Department of Public Safety and the Prior lake Police Department for a Connection to the Minnesota Repository of Arrest Photos. K. Consider Approval of Temporary On-Sale Intoxicating Liquor License for the Church Of St. Michael Aprilfest. L. Consider Approval of a Taxicab License for Southwest Metro Taxi. M. Consider Approval of a Resolution Accepting Quotes and Authorizing Staff to Contract with Haulers / Vendors to Provide Services for the 2008 Annual Spring Clean-Up Day. N. Consider Approval of a Resolution Authorizing a Special Hunt. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. Electronic Recycling (April 11 and 12) - Cari Tupy, Waste Management B. 2008 Twentieth Annual Spring Clean-Up Day in Prior Lake (April 19) 8. PUBLIC HEARINGS A. No public hearing is scheduled. 9. OLD BUSINESS A. Consider Approval of a Policy Guiding the Placement of Personal Docks in the City of Prior Lake. B. Consider Approval of a Resolution Approving the Easement Agreement for the Itasca Ave Watermain Extension. 10. NEW BUSINESS A. Consider Approval of an Ordinance Amending the Zoning Map for Property Located at 15875 Franklin Trail NE (Northgate Center) From Neighborhood Commercial (C-1) to (C-4). B. Consider Approval of a Report Regarding Idling of Engines. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events 12. ADJOURNMENT City Council Meeting Minutes March 3, 2008 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Planning Director Kansier, Planning Coordinator Moore, Planner Matzke, Public Works Di- rector Albrecht, Finance Director Teschner, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It is no longer than 30 minutes in length and each speaker will have a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City government topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: No person stepped forward to address the Council. APPROVAL OF AGENDA New business item (10D) City personnel reorganization will be added to the agenda. Councilor Erickson requested new business items to be added to the agenda: (10E) consideration of a resolution to encourage the State legislature to evaluate the merits of the light rail corridor commonly referred to as the Dan Patch Line, and (10F) discussion about intersection CR 12 and TH 13. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE FEBRUARY 19, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. Haugen abstained due to his absence at the meet- ing. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 08-023 Authorizing the Extension of the Animal Control Services Contract for 2009 with 4 Paws Animal Control, LLC. C. Consider Approval of Resolution 08-024 Authorizing the Joint Powers Agreement for Assessment Ser- vices for the City of Prior Lake. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes March 3, 2008 DRAFT O. Consider Approval of Resolution 08.025 Appointing the Firm of Abdo, Eick and Meyers to Perform the City's Financial Audits for Fiscal Years 2008 - 2009. E. Consider Approval of 2007 Fourth Quarter Budget Summary Reports and General Fund Overview. F. Consider Approval of Resolution 08.026 Extending the Deadline for Recording the Final Plat and De- velopment Contract for Pike Lake Meadows. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION No presentation to the Council was scheduled. PUBLIC HEARING Public Hearing to Consider Liquor License Fee Increase Finance Director Teschner requested the Council's consideration of increasing liquor license fees from $5,300 to $6,300 annually. Stated he has researched other metro communities' various fee structures and found the average fee to be $6,332. Commented that administrative and police costs related to liquor li- censes have increased, but the Prior Lake liquor license fee has not been increased since 1994. The in- creased costs to the City are the basis for the license fee increase. MOTION BY MILLAR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 6:09 p.m. Comments: John Donant, 1020 Bliss Lane, distributed information comparing other city's fees and car counts. Noted that Savage has much higher traffic citing the intersection of CR 42 and TH 13. Noted Shakopee based its fees on square footage of the establishment and commented that none in Prior Lake has equivalent size. Believes bar owners have had enough recent negative rulings to contend with such as the .08 blood alco- hollevel and mandated non-smoking; and that increased costs in fuel impacts the costs of goods delivered to bar owners. Suggested the liquor license fee may have been too high in the past. Karen Sweet, 3950 Green Heights Trail, stated she is willing to help the City but questioned how the money from the liquor license fee is used. Believes increased police calls has to do with increased popula- tion and noted that Donant's information shows that Prior Lake fees are higher than most of the municipali- ties they surveyed. Added that if businesses are paying more money, it would be great to have help with things such as directional signs that would benefit both the business and the City. Noted that bar owners also just received a liquor price increase. MOTION BY LEMAIR, SECONDED BY HEDBERG TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 6:15 p.m. Comments: Hedberg: Commented that the comparisons shown by Donant were for Scott County municipalities and the comparisons made by staff were from the seven-county metro area. When fees were last set in 1994, Prior Lake was removed from the metro area, but has grown since then and is now an integral part of metro 2 City Council Meeting Minutes March 3, 2008 DRAFT area. Believes the comparison with the metro area is relevant and the staff report accurately reports that Prior Lake liquor license fees are below where they ought to be. Prefers phasing in the $1,000 increase to mitigate the other cost increases that are affecting liquor store owners. LeMair: Concurred with Hedberg. Empathized with the changes that have impacted bar owners and asked if the City imposed a fee change when bar closing was changed to 2 a.m. Boyles: Replied that a fee was imposed by the State. LeMair: Believes the $1,000 increase at one time is difficult for business to absorb and agrees with an in- cremental step process. Erickson: Believes Minnesota law does not permit adopting a graduated fee schedule as referred to in a memo from the City Attorney. Pace: Stated that Minnesota law does not prohibit a graduated fee schedule. Erickson: Commented that liquor licenses are intended to cover the cost of inspection and enforcement and the City should show how costs went up on a graduated basis. Sweet asked where the money is going and if it is going to increase, we need to know what it is costing us. Asked if we have the information to qualify what it is costing us to provide a liquor license. Teschner: Replied that cost would vary from business to business and it is considered a license burden for all businesses to share equally. Costs include those of the police department to respond to call; and administrative costs and police costs associated with liquor licenses which are substantial. This is a gen- eral fund revenue resource and is not dedicated by activity but rather an aggregate revenue source. Ex- penses that are not covered by the general fund fall to the tax levy. Believes that Councilors Hedberg and LeMair are referring to a transitional fee rather than a graduated fee. There is a rational nexus, but the memo addressed fees based on sales volume rather than just phasing the increase in over a several year period. Erickson: Clarified that we do not have to show that our costs are phasing in at a particular rate. Teschner: Affirmed. Erickson: Commented that the hospitality business is going through some strains and agrees that a method to transition in the increase would be appropriate. Millar: Commented that the economic downturn is affecting all of us and the City is feeling the strain too. Agrees that a fee increase should be transitioned incrementally. Haugen: Agrees that costs have increased for product and shipping and the no-smoking legislation has an impact. Believes the fee structure should be updated periodically and 14 years is a long time. Noted that the Council must make decisions that are good for the long term and the City must respond to the increase in costs to provide service. Favors stepping the increase in over a period of years to reduce the burden. Hedberg: Proposed a three-year program with fees established at $5,635 in 2008, $5,970 in 2009, and $6,300 in 2010. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08.027 AMENDING THE 2008 CITY OF PRIOR LAKE FEE SCHEDULE TO INCORPORATE NEW ON-SALE LIQUOR LI- CENSE FEE AMENDED TO PHASE FEE INCREASES IN OVER A THREE-YEAR PERIOD TO BE $5,635 IN 2008, $5,970 IN 2009, AND $6,300 IN 2010. Haugen: Stated the fees should be addressed again in three years, so the City does not wait 14 years before considering it again. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. 3 City Council Meeting Minutes March 3, 2008 DRAFT OLD BUSINESS Consider Approval of a Resolution Upholding the Decision of the Planning Commission to Deny an Impervious Surface Variance from the Zoning Ordinance to Allow for a Driveway Addition and an Entry Path Addition for a Home in an R-1 Low Density Residential District. Planner Matzke reviewed the history of discussion on this agenda item stating that the Council requested tabling this topic from the previous meeting to allow staff time to review the revised plan devised by the ap- pellant. Comments: Haugen: Stated he has read the minutes of the last City Council meeting as well as those of the Planning Commission. Stated that it is important to look at the hardship criteria when considering a variance appeal. Believes the findings of the Planning Commission are accurate that, based on hardship, no deviation from impervious surface is allowable. MOTION BY LEMAIR, SECONDED BY HAUGEN TO APPROVE RESOLUTION 08-028 DENYING A 4.9% VARIANCE FROM THE 30% MAXIMUM IMPERVIOUS SURFACE ALLOWED IN THE R-1 DISTRICT TO ALLOW FOR DRIVEWAY AND WALKWAY ADDITIONS ON A RESIDENTIAL PROPERTY. Comments: Hedberg: Stated he had suggested tabling the appeal and referring it back to staff. Agreed there is no fault with the work of the staff or the decision of the Planning Commission in denying the variance since it does not pass hardship criteria; but he saw the intent of the appellant to provide mitigation and favors ordi- nance that allows mitigation. Stated the intent of his original request was to permit time to investigate whether the ordinance could be promptly changed, but it sounds like that would require a fair amount of research and administrative review by the Department of Natural Resources and others. Appears the spe- cific revised plan proposed has flaws associated with it so will support the denial. LeMair: Stated that hardship is not demonstrated and ordinance would need to be changed prior to work being done. Will support the denial. Erickson: Believed the proposal had changed from what was taken to the Planning Commission and that it should be looked at. Understood that it was going to be looked at during the past two weeks, but has not seen anything that shows whether there was further consideration of the proposed revisions. Believes the Planning Commission should look at the revised proposal. Haugen: Reiterated that the Planning Commission acted upon a proposal and the appeal brought before the Council was for a different proposal. Questioned whether it is appropriate for the Council to act on a changed proposal, or to act upon the original variance appeal. Agreed the revised proposal could be taken to the Planning Commission, but a process needs to be followed. Noted that if the Planning Commission feels an ordinance change is appropriate, they can recommend it. Matzke: Requested the Council to provide direction. Questioned if the hardship case in this instance would be changed with an extension of the date of the review. Erickson: Asked if it is possible to bring up the differences between the original design and the revised design and stated he believes it should go back to the Planning Commission. Haugen: Stated that since the original application was denied by the Planning Commission, the Council has to act on that; and it would be up to the applicant to go back to the Planning Commission with a new and different application. Millar: Agreed that Mr. Hines has come in with a different plan and the Council cannot vote on the revised plan because it has not been reviewed by the Planning Commission. Believes Hines is trying to get to the 4 City Council Meeting Minutes March 3, 2008 DRAFT 30% impervious surface requirement and if the Planning Commission wants to mitigate circumstances, the Council could consider that. Hedberg: Clarified that part of the reason the process is out of whack is because Hines has invested money in implementing things that are outside the ordinance. If action affirms the denial, enforcement ac- tion would be to have Hines remove the violating improvements. Asked where the timeline is to consider revised plans and whether the City can defer enforcement while the Planning Commission considers other plans, which is why he would prefer to table the appeal until further review. LeMair: Noted that would also be a process with timelines involved. Agrees there should be time for a review to happen. Millar: Asked if staff agrees. Matzke: Replied that is the Council's discretion. If the Council gives staff particular direction, it can be followed; otherwise, staff needs to follow standard enforcement procedures. Haugen: Stated the City has ordinances and some are extremely significant while others are not, but they are still law. Urged the Council to not selectively enforce ordinances. If this appeal is denied, then en- forcement follows and the Council should not interfere with normal processes. Understands that variances were sought when this property was built on and this is additional variance sought for that property. Erickson: Asked if it would be appropriate as part of the resolution to put in a 60-day moratorium on en- forcement in which time the petitioner could submit a revised plan to the Planning Commission. LeMair: Stated he is not in favor of a 60-day moratorium and believes the Council needs to go ahead with denying and let the process take over. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. Erickson opposed. The motion carried. Haugen: Advised the applicant that he is welcome to work with staff and the Department of Natural Re- sources. Boyles: Noted that now that this action has been taken, consideration can be given to whether there should be ordinance change that would give credit for mitigation. Motion by Millar, seconded by Hedberg to direct staff to look at ordinance to see if it is appropriate or if it can be modified to work with the Department of Natural Resources and other water quality regulatory bod- ies to consider if mitigation of impervious surface should be allowed. Hedberg: Stated he has learned in recent years about different approaches that can be implemented on private property for managing water quality, whether rain gardens or catch basins. Encouraged use of lo- cal, in-the-yard methods for managing rainwater noting they can be attractive and effective. Millar: Commented that the law needs to be followed, but it is important to find solutions and creative ways to address these water quality problems. Encouraged Hines to continue looking at his situation and see if can find way to deal with it. Haugen: Suggested an amendment to the motion to read that the City needs to find objective rather than subjective points of evaluation in our ordinance so the ordinance can be fair to all. Hedberg: Agreed and believes that hydrological engineers can give us specific information about what kind of volume and quality improvement can be achieved from particular kinds of rain gardens or size of catch basins. Recommended revisions to ordinance should have specific methods that can be evaluated by engineers. 5 City Council Meeting Minutes March 3, 2008 DRAFT Millar and Hedberg agreed to accept the amendment offered by Haugen as part of the motion. MOTION BY MILLAR, SECONDED BY HEDBERG TO DIRECT STAFF TO LOOK AT ORDINANCE TO SEE IF IT IS APPROPRIATE OR IF IT CAN BE MODIFIED TO WORK WITH THE DEPARTMENT OF NATURAL RESOURCES AND OTHER WATER QUALITY REGULATORY BODIES TO CONSIDER IF MITIGATION OF IMPERVIOUS SURFACE SHOULD BE ALLOWED; AND, ANY ORDINANCE REVI- SIONS PROPOSED SHOULD HAVE OBJECTIVE CRITERIA ABOUT VOLUME AND QUALITY IM- PROVEMENT THAT CAN BE ACHIEVED FROM PARTICULAR KINDS AND SIZES OF AMENITIES SUCH AS RAIN GARDENS AND CATCH BASINS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Adopting an Advertising Signage Policy to Permit Seasonal Ath. letic Field Signage on Interior Facing Outfield Fences in City Parks. Assistant City Manager Meyer reviewed the proposed policy describing signage location and material, city and agent responsibility, revenue split and fees, zoning code compliance, and sign content. Identified eligible sales agents as youth athletic organizations or booster clubs, and noted that the VFW has ex- pressed interest in selling signs. Comments: LeMair: Believes the proposed policy is a good start and incorporates everything the Council requested at the last presentation. Suggested the policy be reevaluated next year after learning what sales are like. Erickson: Questioned whether signs would last two to three years before fading stating that when listening to the presentation it seemed as though that would be the optimum time under the best conditions. Meyer: Agreed that brightly-colored backgrounds might fade, but the sign company indicated they used these signs at Buck Hill with extreme conditions and the signs usually last two years. Believes that should be evaluated over time. Erickson: Noted the policy shows that the City provides a sign for $325 and suggested including some- thing about replacement of the sign being dependent on the expense and discretion of the advertiser. LeMair: Asked if an advertiser could elect to replace a sign if they did not like the way it looked. Meyer: Referred to Section 5.03 where the policy states that either the city or the advertiser could elect to have the sign replaced. Erickson: Replied that covers it well. Millar: Will support it but wants to remain mindful about putting signs in parks. Hedberg: Thanked the Planning Director and City Attorney for finding appropriate language for the policy. Stated he has no problem that sales agents should be for youth athletics only, and could also support civic organizations being sales agents if proceeds are used for youth athletics. Stated he would consider that as an amendment in the future. Haugen: Asked if the plan for a three-year commitment would be paid annually. Meyer: Replied that everything would be paid up front. Haugen: Believes that could put significant pressure on small businesses that might be supportive on an annual basis. LeMair: Agreed that would be a lot, but that is why a business would get a $300 discount for a multiple year commitment. Meyer: Noted that annualizing the billing would result in administrative tracking for when a sign was pur- chased and would have to be revisited every year. Haugen: Asked if a prorated basis would be considered noting the park season is April through Septem- ber, but youth baseball and most amateur baseball ends August 1. 6 City Council Meeting Minutes March 3, 2008 DRAFT Meyer: Replied the signs would remain out in the park as long as possible. Haugen: Stated that the VFW would have a free space because of its years of support for Memorial Park. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-029 ADOPTING AN ADVERTISING SIGNAGE POLICY TO PERMIT ATHLETIC FIELD SIGNS ON INTERIOR FACING OUT- FIELD FENCES IN CITY PARKS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Contract for the Arcadia Avenue 1 CR 21 and Main Avenue 1 TH 131 CR 44 Intersection Feasibility Studies. Public Works Director Albrecht reminded the Council that a plan needs to be developed for these inter- sections in order to establish costs, gain coalition partnering funding and to address increased traffic vol- umes resulting from growth. Noted that an important part of the planning would be to incorporate the down- town theme and entry. Proposals were received from the consultant pool and staff recommends SEH for both proposals which results in the best value and provides a team with experience in the CR 21 corridor and in the City of Prior Lake. Comments: Erickson: Will support. LeMair: Pleased that SEH comes out ranked first from a cost perspective and also has experience with the downtown area. Hedberg: Will support. Millar: Will support. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-030 AWARDING THE CITY'S STANDARDIZED PROFESSIONAL SERVICES AGREEMENT FOR THE ARCADIA AVENUE / CR 21 AND MAIN AVENUE / TH 13 FEASIBILITY STUDIES. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Authorizing Staff to Request Proposal for Professional Services for 2008-2009 Stormwater Planning. Public Works Director Albrecht stated the stormwater planning for downtown needs to move forward from a global perspective. The north half had recommendations from the study by Bonestroo that were implemented during redevelopment and the south half has potential for implementation of stormwater strategies with its redevelopment. Believes it will not be as effective and cost-efficient if done piecemeal. Believes the City needs to be able to answer questions regarding costs of stormwater management for fu- ture developers. Stated, also, that management of stormwater is a key issue for the Markley Lake area and that both Credit River Township and surrounding neighbors need to be assured that the City will have a plan in place. Proposed the downtown study be done in 2008 and the Markley Lake area be done in 2009 to accommodate budget constraints. 7 City Council Meeting Minutes March 3, 2008 DRAFT Comments: Hedberg: Stated these are critical steps to take in overall stormwater management and that he is glad of preservation considerations for the Markley Lake area. Commented that a pool of qualified vendors was used to solicit proposals from. LeMair: Agreed this planning should be sought before development starts. Erickson: Will support. Millar: Will support. Haugen: Will support. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 08-031 AUTHORIZING CITY STAFF TO REQUEST PROPOSALS FOR PROFESSIONAL SERVICES FOR 2008-2009 STORM- WATER PLANNING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving a Registration Fee for the City's Online Right-of-Way Permitting Program. Public Works Director Albrecht informed the Council that current right-of-way ordinance calls for an ad- ministrative fee, but no fee has ever been set. Soon, the City will allow contractors to register, apply for and track their permits online. Anyone who works for the City will be able to go online and look up the per- mit maps. The proposed $25 fee would cover administrative costs for registering right-of-way users and to track issues with contractors. Major utility companies that are already in a franchise agreement with the City will not be subject to this fee because they pay a franchise fee. Grading permits will be added to the system in the future. Comments: LeMair: Seems a good method to get information and track it. Will support. Erickson: Agreed this is a good way to use technology for customer service and the City should continue to look for ways to help customers with these types of programs. Millar: Will support. Hedberg: Asked if the online service programming is commercially available from a vendor. Albrecht: Affirmed and noted that the permit fees in addition to registration fees will help offset the $4,800 expense. Hedberg: Asked if it fits into the category of web enabled services. Albrecht: Replied that the service will be linked through our website and the vendor will host the page. They will keep our data, track it and send email reminders on insurance certificates, etc. Hedberg: Asked if it is a subscription service. Albrecht: Affirmed, stating it is a monthly contract and the City has not invested in software. Hedberg: Will support. Haugen: Agrees it provides good customer service and is cost efficient. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08-032 APPROVING A REGISTRATION FEE FOR THE CITY'S ONLINE RIGHT-OF-WAY PERMITTING PROGRAM. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding the Jeffers Pond Environmental Learning Center Project. City Manager Boyles reviewed the history of the project and explained how a failed referendum led to lack of funding from the School District and an inability for them to fulfill their responsibility to operate, maintain 8 City Council Meeting Minutes March 3, 2008 DRAFT and pay the associated expenses for the center. Noted that everyone involved in work on the project up to this point has been paid in full and proposed that: 1) this may be a good point to put the project on hold, and see if it can become a reality some time in the future, 2) abandon the project by pulling funds out, or 3) plan for a reduced project. Commented on the Jeffers Foundation's offer to provide up to $25,000 to con- struct a floating bridge across the rapids if it is completed prior to May 1. Mayor Haugen stated he is will- ing to continue dialogue with Jeffers Foundation to see if the learning center project could continue some- time in the future and to ask if the bridge can have an extended timeline because it is a safety issue and better completed as a winter project. Noted that the City has already invested $250,000 in that park envi- ronment. Comments: Hedberg: Clarified that the offer of $25,000 for completing the bridge would be charged against the origi- nal $500,000. Believes the park is lacking without the floating bridge and would prefer to move forward with that project. Agrees it is work best done in winter and there are issues of whether materials could be purchased and built within the May 1 timeframe. Would like to keep the project moving forward in some fashion and even though he understands the position the Jeffers Foundation has taken, would like to con- sider what kind of structure could be built in a scaled down fashion. LeMair: Agrees the bridge project should move forward as the park needs it. Would like to progress on some plan for the center, but is not sure he favors a scaled down version. Believes the Council should come back to it in a couple of years to see what could be done. Stated the City does not want to burn the bridges with the parties involved; but with the current situation of the economy, the City needs to step back and evaluate things. Erickson: Agrees the bridge should be built, but asked if other projects would be postponed if this one is brought forward. Boyles: Replied the money would be from different sources and no other bridges are being worked on at this time. Erickson: Stated in that case, the bridge should be built as soon as possible. Asked for clarification of what kind of structure could be built with the money available, and what amount was available. Haugen: Clarified that there is more than $400,000 of the original $500,000. The $200,000 in exchange for a conservation easement over City-owned property adjacent to Five Hawks Elementary School has been withdrawn by Jeffers Foundation. The $480,000 from the Jeffers Foundation matching the City's $280,000 has been withdrawn. School district has contributed $200,000 from their Community Education, which can only be used for furniture and fixtures and not for building the structure. Noted he believes that the School District's $200,000 would be returned to them and then back to the State of Minnesota if the structure was not built. Erickson: Clarified that if something was built, the $200,000 could be used with no ill effect on the School District. Haugen: Replied that he was not qualified to answer that, but affirmed that the $200,000 was to be used for furniture, fixtures, etc., and not for the building. Thinks that the $200,000, if not used in that fashion, would be returned to the School District. Erickson: Clarified that a resolution would be dealing with $400,000 plus, which would be reduced by $25,000 if the bridge is built. Would support building the floating bridge, and that the Mayor should con- tinue discussions for a future facility; and if there is no future in that discussion, would want to see what could be built with the $400,000. Millar: Agreed the bridge should be built as soon as possible and that continued discussion with Jeffers Foundation would be favorable. Noted that the economic downturn may also mean an opportunity for re- duced costs that may not have been in the original budget. 9 City Council Meeting Minutes March 3, 2008 DRAFT Haugen: Stated that the project was not stopped because of the building cost, but rather because of the operating costs. Hedberg: Noted there has been some discussion about an open structure that might be more of a com- munity environmental recreation center; but, mindful of the Jeffers Foundation's mission to focus on envi- ronmental education, he would like to leave that topic open for future discussion with them. Haugen: Summarized that when Jeffers died, his estate became the Jeffers Foundation. Jeffers wanted environmental education opportunities on the ground that he walked. Would like to keep that intent in front of Mr. Oberg, the CEO of Jeffers Foundation, and see if there is potential to reopen this at the appropriate time. Suggested direction to staff to move forward with construction of the floating bridge prior to May 1; and to direct the Mayor to work with the Superintendent to see if the interpretive center can be built at an- other time. MOTION BY LEMAIR, SECONDED BY MILLAR TO DIRECT STAFF TO MOVE FORWARD ON THE CONSTRUCTION OF THE FLOATING BRIDGE FOR COMPLETION BY MAY 1, 2008; AUTHORIZE THE CITY MANAGER TO APPROVE EXPENDITURE UP TO $25,400 USING CAPITAL PARK FUNDS TO BE REIMBURSED BY THE JEFFERS FOUNDATION; AND, TO DIRECT THE MAYOR TO WORK WITH THE SUPERINTENDENT TO LEARN IF THE INTERPRETIVE CENTER TOPIC CAN BE REOPENED AT A FUTURE DATE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. City Wide Reorganization City Manager Boyles spoke of changes to be implemented in the organizational structure and objectives that would be achieved by the changes. Believes it will organize the City's personnel to be able to meet today's needs and allow individual personnel to achieve professional goals. Comments: LeMair: Commented that it is not easy to reorganize because it involves inspecting one's own work and making changes with people. Appreciates the foresight shown about what can make the City better, and in reaction to economic conditions. As the market changes, no one can continue to do business as it has been done in the past. Hopefully, there is appreciation for the timeline given to people who will want to seek other positions. Erickson: Stated it appears as though 90% of the organizational structure remains the same. Compli- mented Moore on her promotion. Commended Boyles on a good job of trying to "tighten the belt." Millar: Asked how many fewer people would be employed. Boyles: Responded there would two fewer building inspectors and one less civil engineer. Millar: Understands this was good move to realign supervision and recognized that Boyles is a people person and cares for his employees. Acknowledged that it is hard to let anyone go, but Boyles has done a good job and commended him for how much he cares. Hedberg: Concurred that the economic condition is challenging for us and reductions in force are difficult to do. Noted that people are being given time to plan for this. Delighted that the City was able to emphasis capitalizing strengths which is not always easy to accomplish when reducing expenses. Noted that the savings from this reorganization amounts to half the revenue shortfall anticipated. Expects that Boyles will keep the Council updated on where revenue is going and other that expenses can be saved. Haugen: Commented that this reorganization strengthens several different elements of the 2030 Vision and Strategic Plan such as fiscal responsibility and staff development. Expressed hope that the people in positions that will be eliminated find other positions in areas they desire. 10 City Council Meeting Minutes March 3, 2008 DRAFT MOTION BY MILLAR, SECONDED BY HEDBERG TO ACCEPT THE REPORT ON REORGANIZATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Light Rail Corridor Dan Patch Line Councilor Erickson stated that there is a state statute that prohibits municipalities or other entities from discussing the Dan Patch Line, a proposed light rail corridor, which would serve Scott County. The corridor was listed as the number two corridor when it was proposed but it was not allowed to be evaluated. Re- moval of the prohibition will require a separate resolution through the State government. Asking Council to support legislation to rescind prohibition of discussion and allow funding of further discussion. LeMair: Will support. Hedberg: Will support. Noted that the Metropolitan Council recently passed a similar resolution. Millar: Will support. Haugen: Commented that SCALE influenced the Metropolitan Council with its decision and this will be a good motion of support. MOTION BY ERICKSON, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-033 ENCOURAG- ING THE STATE LEGISLATURE TO EVALUATE THE MERITS OF THE LIGHT RAIL CORRIDOR COM- MONL Y REFERRED TO AS THE DAN PATCH LINE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Traffic Signal CR 12/TH 13 Councilor Erickson added this item to the agenda to discuss a concern that the reconstruction of the in- tersection at CR 12 and TH 13 has created a potentially hazardous condition due to where the stop sign has been placed. He described the intersection explaining that the distance from the stop sign on 170th Street to the middle of TH 13 roadway is about 100 feet and that the roadway by the sign is three to four feet below grade. Noted that a driver stopped at the sign cannot see cars coming from the north if they are behind cars making a right turn. Recommends that the stop sign be moved closer to TH 13 and the center island be extended. Queried whether the Council would approve devoting staff time to review the intersec- tion. Comments: Haugen: Commented that CR 12 is a Scott County project and asked Public Works Director Albrecht for an opinion. Albrecht: Responded that Erickson expressed the situation well and that Scott County has been out to look at it. Proposed that he send a memo to Scott County with suggestions and learn what options are available. Noted that few staff resources would be required to pursue this. LeMair: Stated he is OK with having staff pursue it and asked Erickson if he approached the County Com- missioner with his query. Erickson: Replied he spoke with both the County Commissioner and County Engineer. Both replied they would look into it. Haugen: Would have preferred this to be a County issue with County response. Believes it is a legitimate citizen concern and the County should follow through with it rather than the City. Stated that if the County has not responded and Albrecht said it will take minimal time to follow through with it, he will not oppose it. Erickson: Responded that City staff indicated that if something was going to be done at this intersection it would be most economical to make any changes before the final overlay is completed. Seems to be a dangerous intersection. 11 City Council Meeting Minutes March 3, 2008 DRAFT MOTION BY HEDBERG, SECONDED BY MILLAR DIRECTING STAFF TO SOLICIT A RESPONSE FROM COUNTY STAFF ABOUT WHETHER ANY ACTION CAN BE TAKEN ABOUT STOP SIGN LOCA- TION ON THE CR 12/ TH 13 INTERSECTION AND PREPARE A MEMO FOR THE COUNCIL REPORT- ING ON INFORMATION LEARNED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events LeMair: Congratulated the high school wrestling team and individual wrestlers on accomplishments at the state tournament. Hedberg: Pod casts are available on the Website. ADJOURNMENT A motion was made by Millar and seconded by LeMair to adjourn the meeting. With all in favor, the meet- ing was adjourned at 8:47 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 12