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HomeMy WebLinkAboutDraft December 1, 2008 Minutes City Council Meeting Minutes December 1, 2008 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Girouard, Public Works Director/City Engineer Albrecht, Building and Transportation Services Di- rector Kansier, Police Chief O'Rourke, Park and Fleet Supervisor Friedges, Community Development and Natural Resources Director Parr, Finance Director Erickson, Assistant City Manager Meyer, Communica- tions 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 on any subject that is of community interest, provides information required by the Council to complete its du- ties or is provided by agencies representing citizens of Prior Lake. The Public Forum will be no longer than 30 minutes in length and each speaker will have no more than ten minutes to speak. 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 speak. APPROVAL OF AGENDA MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. 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 NOVEMBER 17, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. 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 08.150 Authorizing Purchase of a Salt Special Sander. C. Consider Approval of Resolution 08.151 Authorizing Repair of Maintenance Center and Fire Station No.1 Roofs. D. Consider Approval of Resolution 08.152 Authorizing Amendment No.1 to the Development Contract for Maple Glen 2nd Addition. E. Consider Approval of Change Order #3 for Fire Station NO.2. Councilor Erickson requested removal of agenda item 5B, Consider Approval of Resolution 08.150 Au- thorizing Purchase of a Salt Special Sander. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODIFIED. www.cityofpriorlake.com 1 Phone 952.447.9800 1 Fax 952.447.4245 City Council Meeting Minutes December 1, 2008 DRAFT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Stated the special sander will pay for itself and will improve the lake water quality as well as cause less damage to landscaping. MOTION BY MILLAR, SECOND BY HEDBERG TO APPROVE RESOLUTION 08.150 AUTHORIZING PURCHASE OF A SALT SPECIAL SANDER. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Concept Plans for Development of the Property located in the Northeast Quadrant of CSAH 42 and CSAH18 Community Development and Natural Resources Director Parr introduced Kurt Larson of Cardinal De- velopment and explained they desired to share their concept for Summit Hills Phase 2 with the Council. Noted that accommodating this concept plan would require rezoning to high density residential designation, increased sewer capacity, consideration of heritage trees and the likelihood of planned unit development (PUD) designation. larson believes the site perfect for a PUD and a continuation of Summit Preserve Phase I expecting to synergize the architecture, parkland, etc. Stated he understands the City's stance for a PUD and looks forward to making that work. Commented on such features as retaining stormwater on site with a re-circulating system and expectations of agreements with Savage for sewer connection. An- ticipates starting Phase I in 2009. Comments: Erickson: Stated the importance of how this property is developed as it is a gateway to the City. Believes that expanding it to a larger development may have the advantages of coordinated planning for a larger site. Wants tree preservation to be maintained. Asked if there is a timeline established for development of Phase 1. larson: Replied that there is significant interest and groundbreaking is anticipated this spring for retail, commercial and residential. leMair: Asked if a development of this size always triggers an Environmental Assessment Worksheet. Parr: Affirmed that it does, due to the number of proposed units. leMair: Asked if any com parables exist. Parr: Replied there are not enough specifics for this project yet to compare it with any projects already done. leMair: Commented that the proposal appears to be well thought out and a nice mix. Asked if a change in the economic market is perceived that leads Cardinal Development to believe development can begin in the spring. Larson: Replied that there is a dramatic change in the market and they have received numerous inquiries for smaller businesses and housing. Noted no larger, anchor business is interested yet. Hedberg: Agreed that larger developments offer many advantages to the City's planning process. Asked for clarification of the Savage/Prior Lake boundary. Parr: Replied it is on the northern boundary of this property. Hedberg: Clarified that City is responsible to provide services and would contract with Savage to do so. Agreed this property is a gateway to the City. Would prefer to have high quality office business park along the east side and attract a large corporate employer to come here. Acknowledged that may be contrary to the comprehensive plan, but a PUD could allow some flexibility. 2 City Council Meeting Minutes December 1, 2008 DRAFT larson: Believes there is that opportunity. Noted that research shows that not as many larger employers want to come this way at this time and seem to want to stay on the 1-494 belt, but that there is also a lack of high quality office commercial areas that would attract an employer of such size in this area. Hedberg: Asked how many units are planned for both phases. Larson: Replied that the final layout could be different than what is shown as the basis for these drawings is engineering analysis assuming the highest level of development to determine sewer capacity for the pro- posed Savage hook up, rather than market research. Hedberg: Queried whether the question of how much high density the City wants in this quadrant is open- ended from the perspective of Cardinal Development. larson: Replied that if Council allows them to move forward with the sewer issue, they can do the work and capital investment in the site and the density and type of housing will be market driven. Hedberg: Stated the City took steps to reduce high density in keeping with population projections and character of the community. Interaction should be undertaken with staff to determine how much high den- sity the City wants and see how it fits to determine which parts of the market the City wants to pursue and how well it fits the plans of Cardinal Development. larson: Responded that housing with commercial/retail around it and an electrical easement to the north is consistent with some high density housing. The development should also create life-cycle housing. Noted that high density housing does not mean it is low quality. Hedberg: Supports taking this to the next step. Millar: Agreed that planning both phases together will be conducive to a good development. Asked why high density housing is planned near the forested area. Larson: Replied that it would be adjacent to high density planned for in Phase I to allow continuity. Noted this is a preliminary layout and may change. Millar: Asked how much of the property is currently agricultural. larson: Approximately half. Millar: Stated it is refreshing to hear some optimistic projections about the economic market. Reminded Larson that care should be taken to save heritage trees. Hedberg: Added his concern about saving heritage trees. Haugen: Commented that he likes the office campus idea and would support that if it fits. Does not object to working out the agreement with Savage for sewer services. Retains concerns about the level of high density and will continue to question that even if it is quality high density housing. Oakotahllce Center City Manager Boyles reviewed the Park, Athletic and Recreation Task Force priorities noting that the sec- ond priority identified was an additional sheet of ice. Explained that the Shakopee Mdewakanton Sioux Community built a new ice center and Mayor Haugen requested SMSC representatives to share informa- tion about it. Tribal Vice-Chair Crooks and Tribal Administrator Rudnicki were in attendance and Crooks introduced Rudnicki. Rudnicki synopsized the history of Dakotah! Sport and Fitness Center and displayed photos of the new ice center. Described some of the "green" amenities. Stated that SMSC partnered with the hockey association and school teams to design and outfit the locker rooms. Stated that other sports, such as soccer, can use the facility. Comments: leMair: Thanked SMSC on behalf of hockey players. Queried whether the facility can be converted to sports that need a dry floor. Rudnicki: Replied that it can, but SMSC has decided to operate it for a year to see how much time is used for hockey before considering how much time and space can be used for other events. Commented that a large garage door opening was included so wrestling mats could be brought in. 3 City Council Meeting Minutes December 1 , 2008 DRAFT LeMair: Stated this is a great addition to the community, and that he is aware there have been struggles building the hockey program and hopes that this helps. Hedberg: Expressed his appreciation and gratitude for this wonderful addition to the community. Stated this is a tremendous resource that will be used primarily by the school and city, and also all of northwestern Scott County. Reiterated that another sheet of ice was the second priority on PAR list and this allowed it to be accomplished far earlier than could have been done otherwise. Millar: Echoed Hedberg's expressions of gratitude and agreed this fills a need for the community as a whole. Admired the green initiatives and complimented SMSC on its good citizenship. Erickson: Thanked SMSC for the facility and looks forward to holiday tournaments and using the facility as a draw to get more people to come to Prior Lake. Noted the ice center also has world class figure skat- ing program. Believes that awards will be presented for the green initiatives used. Asked if the SMSC has plans for the future use of the facility that can be shared. Rudnicki: Replied their goal this year was to get it open and then focus on more ideas once it was operat- ing. Stated that Prior Lake has many recreational amenities and SMSC wants this to be one more of those sites. Erickson: Believes this facility will be one of the major draws of the City in the future. Haugen: Thanked Vice-Chair Crooks for coming to the meeting and asked him to relate regards to the Chairman and Secretary-Treasurer for their leadership in making this happen. Stated this is an outstanding gift to the entire community. Stated that the SMSC leadership in recent years in providing the fitness center and first ice sheet and its availability for youth hockey and high school hockey in Prior Lake and other events is appreciated. Commented on the jobs provided by SMSC, their commitment to kids by the hockey arena and ballfield lighting, and how the SMSC continues to do things to enhance quality of life for resident. PUBLIC HEARING Truth in Taxation City Manager Boyles explained that the City is required to have its Truth-in-Taxation hearing at a specific date and time so individuals may attend to learn about proposed budgets. Explained the property tax cycle activities and timeline and the budget process. Spoke of external factors that impact the budget: energy costs, state mandates, insurance costs - and internal factors: labor agreements, 2030 vision and strategic plan, cooperative ventures and personnel. Described tax reduction efforts, additional expenditures for the proposed 2009 General Fund and the enterprise funds. Comments: Hedberg: Noted that the presentation described a typical home in Prior Lake as receiving a .67% reduc- tion in city taxes, but that individual experiences will vary. Asked if there is any further clarification. Boyles: Replied that there are not specific numbers, explaining that lakeshore properties tended to in- crease or hold value and that commercial and industrial property valuations increased due to recent sales comparisons throughout Scott County. Hedberg: Summarized that the Council sought to find a tax decrease for the typical homeowner, but many property owners do not fit in a typical category. Stated keeping total spending increases to only 2.23% is an aggressive budget. Millar: Asked Boyles to explain how the property tax value is assessed. Boyles: Replied that the City contracts with Scott County for appraisals due to lesser expense of out- sourcing that responsibility and to provide consistency with the rest of the County. MOTION BY ERICKSON, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. 4 City Council Meeting Minutes December 1, 2008 DRAFT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:40 p.m. Comments: Martha Mineau: commented that she owns property all over Scott County and that the assessors made comments that some properties are worth less because neighboring properties were foreclosed on. Stated that island property went up 150%, but receives no fire, police, roadway services, etc., nor do they belong to school district because it is seasonal property. Thinks properties should be evaluated based on services that are provided. Haugen: Suggested she attend the Board of Equalization hearing in May which addresses property val- ues. MOTION BY ERICKSON, 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 7:45 p.m. Comments: Hedberg: Wants people to realize that what has been achieved in terms of a "typical" decrease is not equally spread. When the preliminary budget was set, it was to establish a maximum that would be spent in order to accurately evaluate the tax impact. Since that time, the economy has softened with a recession announced and predictions that it will be one of the sharpest the country has experienced in 50 years. Council and staff kept overall spending to 2.23% resulting in a reduction to the typical homeowner. The process, to date, has been aggressive, thoughtful and lean; but, in the face of the decline of economic con- ditions, more should be done. Suggested that alternatives be identified for further reductions in the amount of $90,000 - $140,000, along with an analysis of the associated impact on services. Millar: Concurred with Hedberg comments. Stated the personnel reorganization reduced the budget, but wondered if it could be reduced more. Erickson: Commented that the tax statements people received do not include the school referendum that passed, noting that tax amount does not have anything to do with the City and is something that voters ap- proved. Stated that the taxes for the City have been reduced with good financial procedures and believes it did not rob from the future. Money is set aside for retirement funds and future expenses such as mainte- nance of roads and maintenance of park facilities. Staff looked at ways to become more efficient with the reorganization and reduced the number of staff while still serving a growing community. Complimented staff for doing a better job at getting more for the money. LeMair: Agreed the City has done due diligence, but can see there is much hardship throughout the coun- try and if something can be done to lighten the burden, it should be done. Believes the City should main- tain what it has, but seek opportunities to pull back in areas that do not affect the level of services. Stated that it would be good to have a flat budget. Haugen: Concurred that the economic picture has become worse since the 60-90 days ago when the maximum levy was approved. Commented that the length of the recession or how revenues will be im- pacted in 2009 cannot be known at this time. Clarified whether the valuation of properties this year would have been based on 2006. J. Erickson: Confirmed. Haugen: Questioned the revenues for 2009 since valuations are based on new construction, improve- ments of current residence and market value changes. Stated there has been continuity in tax levels and expenditures over the past seven years. Believes the real value guiding the City, which has allowed us to have continuity, is the hundreds of residents that participated in creating the 2030 Vision which is the plan for investments in the community. Complimented the citizens that have been involved in that process. 5 City Council Meeting Minutes December 1, 2008 DRAFT Such things as the tax rates and tax ranking in metro area being lower are positive things that the City should be proud of. The value of the reorganization done last year is that it places the City ahead of the curve and allows the City to not have to have the severe pull backs that many other communities are deal- ing with. The City has been proactive and does not have to be reactive and do things for which there may be a future price. Supports comments of Councilors to find a comfort level that does not sacrifice the fu- ture. A motion was made by Hedberg, seconded by Millar to direct staff to identify potential budget reductions for 2009 budget and the impact on services associated with each of those reductions with the intent to identify somewhere between $100,000 and $150,000 of further budget reductions. leMair: Proposed an amendment to the motion to target up to $200,000 of budget reductions. The amendment to the motion was accepted by Hedberg and seconded by Millar. Erickson: Suggested a special meeting to discuss alternative budget cuts and what services might be lost. leMair: Commented that he anticipated it would be a few specific items that will be proposed for reduction and it could be done during the Council meeting. Hedberg: Believes it would be helpful to have the additional discussion at a work session if a convenient meeting schedule could be arranged; otherwise, it could be done at a Council meeting. Haugen: Suggested a further amendment to the motion to reflect a work session scheduled for December 15 at 4:30 p.m. for discussion of further budget reductions with the intent of taking action to approve a 2009 budget at the December 15 City Council meeting. The amendment to the motion was accepted by Hedberg and seconded by Millar. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO IDENTIFY POTENTIAL BUDGET REDUCTIONS FOR THE 2009 BUDGET AND THE IMPACT ON SERVICES ASSOCIATED WITH EACH OF THOSE REDUCTIONS WITH THE INTENT TO IDENTIFY $200,000 FURTHER BUDGET REDUCTIONS; AND, TO CONDUCT A WORK SESSION ON DECEMBER 15, 2008 BEGINNING AT 4:30 P.M. TO DISCUSS THE PROPOSED REDUCTIONS WITH THE INTENT OF TAKING FINAL ACTION ON A 2009 BUDGET AT THE DECEMBER 15, 2008 CITY COUNCIL MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Millar: Commented that the only reason Prior Lake can even consider further reductions is because the City has been prudent and responsible over the past few years and is in good shape compared to many cities in the area. Haugen: Agreed that the action of considering additional $200,000 in reductions is a proactive continua- tion of that management. leMair: Added that the further reductions are being considered because it is the right thing to do. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of an Ordinance Amending Section 804 of the Prior lake City Code Relating to Social Host. 6 City Council Meeting Minutes December 1 , 2008 DRAFT City Manager Boyles explained that the Community Safety Advisory Committee recommended adoption of a social host ordinance and described the purpose and elements of the proposed ordinance. Stated that a few Minnesota cities have already adopted such ordinance. Mayor Haugen commented that a year ago this proposal was brought to the Council by the Community Safety Task Force and comment was made that it is important for this to become more than just a Prior Lake ordinance. Subsequently it was taken to the Scott County Association for Leadership and Efficiency (SCALE) to explain what Prior Lake is doing. Prior Lake's ordinance could become a model for other communities in Scott County. Comments: leMair: Favors a social host ordinance and would like a public hearing to get input of the public and the County. Personally believes underage drinking should be minimized. Would like to see how ordinance is written in Mankato or other cities with colleges. Thought the County would lead the way with such ordi- nance. Erickson: Believes Scott County should take the lead on this topic because of broader geographic boundaries. Would like to get feedback from the Scott County Board of Commissioners about whether they would support such ordinance. Millar: Agreed with concems of LeMair and Erickson that the County should take the lead. Concerned that underage activity might move to a neighboring locale if Prior Lake is the only entity that has such ordi- nance. Believes in the principles of the ordinance, but thinks its "reasonably know or should have known" standard is vague. Hedberg: Stated he was involved with the Community Safety Task Force and now the advisory commit- tee. Believes most of the people involved with it have passionate support for a social host ordinance be- cause they see the effects and difficulties of underage use of alcohol. Recalled that the police chief gave a presentation on where gaps exist for enforcing underage use and the benefits to public safety. Two views that support adoption of social host ordinance in a broader area than just Prior Lake are that the location of underage activity could be moved to a different location if the ordinance is limited to just Prior Lake; and the concept of civil liberties in one's home and a willingness to give up privacy in the home for the broader good of safety in the community. Stated that if the Scott County Board of Commissioners indicates they would support similar ordinance, Prior Lake could take the lead; otherwise, believes the County should take the lead. Haugen: Noted that the County Attorney wants the County to take the lead in adoption of a social host ordinance and questioned why any county has not taken such lead. Suggested that could be learned be- fore the public hearing is conducted in two week. Expressed the hope that Commissioner Marschall would attend the public hearing to give confidence that the Scott County Board of Commissioners will provide leadership on this issue. Requested that a legal definition of the term "juvenile" be provided to him before the public hearing. MOTION BY LEMAIR, SECONDED BY MILLAR TO SCHEDULE A PUBLIC HEARING FOR THE DECEMBER 15, 2008 CITY COUNCIL MEETING TO ALLOW THE GENERAL PUBLIC TO GIVE INPUT ON THE PROPOSED SOCIAL HOST ORDINANCE, AND TO REQUEST THAT COUNTY ATTORNEY CILIBERTO AND COUNTY COMMISSIONER MARSHALL BE IN ATTENDANCE TO PARTICIPATE IN PUBLIC HEARING PROCESS. Comments; Erickson: Suggested a notification be sent to the other county commissioners to attend also. Haugen: Replied it is key to have the County Attorney and Commissioner Marschall present. LeMair: Agreed it would be good if they all could come since the long-range goal is to have County ap- prove a social host ordinance. 7 City Council Meeting Minutes December 1 , 2008 DRAFT Hedberg: Agreed with the idea of inviting the County Attorney and Commissioner Marschall and asked what role the Community Safety Advisory Committee should play in getting public input. Haugen: Questioned whether it would create a quasi-vote if all of the commissioners were present and were being asked to give their opinion. Girouard: Replied there might be a concern under the open meeting law if than a quorum of the County Board was present, but that it is their consideration to make rather than the City's. Erickson: Commented that commissioners could watch the public hearing on PL TV15 even if they are not in attendance and reiterated that Commissioner Marschall and Attorney Ciliberto should be given formal invitations. Hedberg: Questioned if the public hearing should be conducted by the Community Safety Advisory Com- mittee. leMair: Believes that the Chair of the Community Safety Advisory Committee, at least, should be in atten- dance to represent the group. Public hearing should be held by the Council since the Council is requesting it as a result of an agenda item. Erickson: Commented that the dock discussion was sent to the Lakes Advisory Committee to conduct the public hearing and the Council was part of the audience. Millar: Responded that it is clear where the Community Safety Advisory Committee stands on the pro- posed ordinance and the committee should be invited to the hearing. Councilor Hedberg offered an amendment to the motion to include informing all commissioners of the public hearing and inviting the Community Safety Advisory Committee members to be in attendance. The amendment to the motion was accepted by LeMair and seconded by Millar. MOTION BY LEMAIR, SECONDED BY MILLAR TO SCHEDULE A PUBLIC HEARING FOR THE DECEMBER 15, 2008 CITY COUNCIL MEETING TO ALLOW THE GENERAL PUBLIC TO GIVE INPUT ON THE PROPOSED SOCIAL HOST ORDINANCE; TO REQUEST THAT COUNTY ATTORNEY CILIBERTO AND COUNTY COMMISSIONER MARSHALL BE IN ATTENDANCE; TO INFORM ALL OF THE COMMISSIONERS OF THE PUBLIC HEARING AND INVITE THE MEMBERS OF THE COMMUNITY SAFETY TASK FORCE TO BE IN ATTENDANCE AT THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving CR 21 Extension layout. Public Works Director Albrecht described the CR 21 extension layout project and the pedestrian issues that Prior Lake needs to provide input on. Introduced County Project Manager Feldt, County Engineer Ras- mussen and WSB Associates Project Manager Sternum. Stated the project is planned for 2010 City fund- ing, will likely begin in 2009 and finish in 2011 which is the sunset date for federal funding. City cost will be around $1 million, which is in our Transportation Improvement Plan. The City's costs for roadway, curb and gutter, and ponding will be about half of the usual due to the federal funding. Described the various options for pedestrian movement at intersections and noted that funding allows pursuit of option C as outlined in the agenda report. Comments: Millar: Asked for clarification of the option describing an underpass on North Berens. Albrecht: Responded that pedestrians do not cross high volume, four lane traffic and this underpass is an opportunity to get pedestrians across the roadway. Millar: Stated that the other options are not financially possible and asked for the current cost of option C. 8 City Council Meeting Minutes December 1, 2008 DRAFT Albrecht: Replied that costs would be minimal at this time; just to plan a design that would not put any utilities or storm sewers in the way. Millar: Agreed that traffic will be heavy and option C seems reasonable for the future. Hedberg: Asked if the North Berens underpass option would just involve installing a box culvert or also include grading, etc. Albrecht: Replied it is basically the cost of completing the east side, except for paving, and the west side would primarily be finished by development. Hedberg: Asked if the preliminary design for option 4 and 5 (underpasses for CR 21) would accommodate the future expansion of 42 to six lanes and the reconstruction of the 42 and 21 intersection. Albrecht: Replied it would consider all of those factors as well as future development and future potential for 42 and 21. Hedberg: Clarified that option B is a 20-year plan, or whenever the corners develop. Albrecht: Replied that if the City wanted to do the least expensive way, it would wait until the County re- constructs the roadway. Would leverage working with developers on right-of-way when the Vierling prop- erty develops. State aid money could be used for the box culverts to avoid tax levy impact. Even though the final project might be 20 years out, there may be decision points when parcels to develop to complete the projects at an earlier time. Hedberg: Believes the underpasses are needed to complete trail systems as the highways will become untenable for grade-level pedestrian crossings and these intersections are in the heart of the north end of our trail system. Would endorse option 6 with a clarification to include considering it when the other quad- rants develop. Supports the proposed plan. LeMair: Asked if the Council is voting on pedestrian crossings or on the extension layout plan for CR 21. Albrecht: Replied the pedestrian crossings are a component of the overall plan. The County is asking if the City wants to include any pedestrian facilities so they can be planned. Recalled that the Council author- ized a pedestrian study of this intersection last June and an Environmental Impact Statement was author- ized several months before that which gave preliminary approval of the roadway layout. leMair: Concerned that there is road coming in when there is gridlock in downtown and this will make it worse. Albrecht: Commented that projections are for traffic to double in the downtown area. leMair: Stated that during the election campaign, he encountered strong opinions about what Prior Lake would gain from this project and questioned whether it will route traffic from CR 18 to the downtown area when there is no solution for moving it once it gets downtown. Believes two pedestrian facilities would be needed for both the north/south and the easUwest crossings. Albrecht: Suggested that if the Council only wants two crossings, they should pursue the intersection of 21/42 and not construct a crossing by North Berens. leMair: Replied he was most comfortable with two pedestrian crossings at 21/42 as the North Berens site would serve fewer people. Albrecht: Commented that final approval of the extension plans will occur at the time of a cooperative agreement with the County, but if there are strong objections to the layout, they should be expressed. Agreed that downtown congestion is an issue for Prior Lake and the corridor study identified the portion from TH 13 through downtown to the Wagon Bridge as the last segment to be improved. The City submit- ted two projects to the County for consideration: the Arcadia intersection scheduled for 2011 and the Main intersection scheduled for 2017-2018. The City cannot fund the projects prior to that. The reason to do the northern section of CR 21 is because federal funding is available only until 2011, which will allow savings of taxpayer money. leMair: Stated that the Council will have to answer for what comes through downtown for the next eight to nine years. 9 City Council Meeting Minutes December 1, 2008 DRAFT Rasmussen: Stated that the Arcadia intersection project has been included in all of the draft Transporta- tion Improvement Plans submitted to the County Board. Approval is anticipated at the December 16 meet- ing. Described how traffic from TH 169 will be redistributed to CR 18 and CR 82. Explained that the CR 21 extension project has $11 million of federal money because of the transit components associated with it and that is why the CR 21 extension project needs to be done before the Arcadia and Main projects. Com- plimented City staff for bringing projects to the County that have been studied, developed and ready for integration into the County planning process. Erickson: Asked County representatives to comment on the leased property from the Shakopee Mdewa- kanton Sioux Community (SMSC). Feldt: Responded that the SMSC leased property for the Eagle Creek Transit Station for 50 years for total cost of $5,000, with an option to purchase or extend the lease another 25 years. Complimented SMSC on partnering to accomplish that. Erickson: Noted that the cities of Prior Lake and Shakopee would have had to pay for the property valued at over a million dollars if SMSC had not made the lease available. Queried whether the intersection of CR 21 and CR 18 will be a bottle neck. Feldt: Agreed that it will be during peak hours explaining that there is only one ramp going to TH 169. When the TH 169 interchange is reconstructed, the roadway will be ready for the capacity. Erickson: Asked about the wildlife crossing. Feldt: Replied that a wildlife crossing was proposed by residents during the Environmental Impact State- ment process. The study revealed seven deer kills in five years so the wildlife crossing was reduced from original plans to a tall underpass that allows small animals to go through it. Noted such an underpass is a requirement and has been approved by the DNR, MnDot Wildlife Biologist, FHWA, and the SMSC. Erickson: Asked about costs for option C. Albrecht: Replied the costs will be less than $50,000 and can be absorbed into the City's design budget. Erickson: Believes North Beren's Road should be considered as a pedestrian crossing as there will be a major park in the area and people will want a way to get to the park. Believes if pedestrian crossings are planned on CR 42, they should be done with the County's reconstruction. Supports option C. Haugen: Supports option C. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08-153 APPROVING THE COUNTY ROAD 21 EXTENSION LAYOUT AND INCORPORATING OPTION C FOR PEDESTRIAN UNDERPASSES TO INCLUDE CONSIDERATION OF CONSTRUCTION OF OPTIONS 4 AND 5 AT A LATER TIME, EITHER WHEN CR 42 / CR 211S RECONSTRUCTED OR IN CONJUNCTION WITH DEVELOPMENT OF ONE OR MORE OF THOSE QUADRANTS. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. LeMair opposed. The motion carried. Consider Approval of a Resolution Authorizing the Expenditure of Transit Funds for a Study of the Dan Patch Rail Line. Building and Transportation Services Kansier stated that Scott County learned it can participate in fund- ing the proposed study under its transportation function. Indicated that the study can be completed before the end of the year and it will provide data as to the feasibility of a light rail line. Comments: Erickson: Stated he is glad Scott County is able to be involved and noted the City is incurring this ex- pense because of a state law stating that no state agency can participate in any study of Dan Patch corri- dor. Encouraged legislators to consider this area for a commuter rail line. leMair: Agreed and wondered if the Shakopee Mdewakanton Sioux Community would be willing to share in this cost. 10 City Council Meeting Minutes December 1, 2008 DRAFT Hedberg: Will support. Millar: Will support commenting that the state law is the result of some legislators not wanting the rail line to go through Edina or Bloomington. Believes it is foolish to put a gag order on discussion. Haugen: Clarified that the Council is sharing in the cost so the expenditure of the City will be less than what is represented in the proposed resolution. Kansier: Confirmed the City's cost should not exceed $2,200. MOTION BY ERICKSON, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08-154 AUTHORIZING EXPENDITURE OF TRANSIT FUNDS FOR THE STUDY OF THE DAN PATCH RAIL LINE WITH COST NOT TO EXCEED $2,200. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Relating to the 2009 Vehicle and Equipment Fleet Replacement Parks and Fleet Supervisor Friedges reviewed acquisition and timing strategies, authorization to order used equipment, review of vehicles and the equipment that is proposed to be acquired in 2009. Comments: LeMair: Stated he is comfortable with the proposed revisions about purchasing used equipment. Erickson: Stated that concerns expressed about buying used rather than new are justified. Noted that the City can buy new at a lower cost than a regular consumer and wonders if it makes sense to buy used. Friedges: Replied that the State contract is always reviewed when considering purchase of equipment and found that when purchasing new equipment, the City often has been able to buy cheaper from a local vendor than from the State contract vendor. Believes each situation should be considered individually. Erickson: Suggested that the U.S. Communities contract would have competitive pricing. Albrecht: Noted the squad car replacement program is incorporated into the proposed 2009 purchases and money from auctioning the old squad cars goes into the equipment fund matrix. Millar: Agreed with the timing strategies and expressed understanding of the desire to purchase used equipment. Stated that oversight of the budget and authorizing expenditures belongs to the Council and suggested that a used equipment purchase could be "fast-tracked" through the Council rather than relin- quishing the power of the governing body. Friedges: Stated that some vendors would be reluctant to hold a vehicle while awaiting Council approval, but others will be willing to try. Albrecht: Commented that when developing proposed criteria for purchasing, staff felt there was no option for buying used equipment under the current purchasing policy. Suggested that some kind of checks and balances could be developed to ensure transparency in the purchases so the Council knows it is doing what the public tasks it with. Hedberg: Expressed confidence in the way the fleet is being managed, but does not favor changing the purchasing policy. Explained that the equipment matrix is a half-million dollar capital asset and it is impor- tant for the Council to retain the purse strings responsibility and accountability to the public for this capital asset. Favors a mechanism for "fast-tracking" when a purchase opportunity arises. Haugen: Agreed it is a half-million dollar program, but favors revising the purchasing policy. Asked how long the current policy has been in place. Boyles: Believes the $20,000 limit in purchase power is approximately five years old. Haugen: Stated that values change over time. Noted that staff has longevity and experience and brings ideas to reduce expenditures and make decisions, every piece of equipment has analysis and reasons for it brought to the Council and the Council has constant checkpoints on the purchase of it. Believes there is no reason to limit an opportunity to buy used equipment and the Council would not be giving up the responsi- bility of monitoring the entire fleet budget. 11 City Council Meeting Minutes December 1, 2008 DRAFT Erickson: Sought clarification about whether the recommendation is for purchases under a certain amount or just those aligned with the capital equipment program, and whether it is on both new and used rolling stock purchases. Albrecht: Replied that the intent is only for used purchases of rolling stock. Haugen: Stated his earlier comment was intended for buying used equipment where urgency is a factor. Friedges: Commented that a $50,000 threshold for a used piece of equipment that a vendor was not will- ing to hold would cover a majority of potential purchases. Haugen: Stated that a list is provided of equipment intended for purchase for 2009 and the Council has full awareness of the intent to replace the items based on need. Questioned why the ability should not be given to procure any of the items on the list if a savings can be achieved by purchasing it immediately and notifying the Council of the purchase. Erickson: Commented that in the past, City Manager Boyles contacted the Council members to get a sense of their support and then a vote of approval has been taken at a subsequent meeting. Boyles: Concurred the process has been used for change orders on building projects, but it has been an exception rather than a rule. Policy provides for trying to get quotes so comparisons of equipment would still be done. Suggested that language be drafted for the purchasing policy and ordinance. MOTION BY LEMAIR, SECONDED BY ERICKSON TO DIRECT STAFF TO PREPARE AMENDMENTS TO THE PURCHASING POLICY WITH REGARD TO PURCHASING USED EQUIPMENT IDENTIFIED IN THE MATRIX WITH A CAP OF $40,000. VOTE: Ayes by Haugen, Erickson and LeMair. Opposed by Hedberg and Millar. The motion carried. OTHER Haugen: Advised that a memo has been sent to property owners within a half mile of the 16000 block of Cambridge Circle advising them of an informational meeting scheduled for Tuesday, December 2, in City Hall regarding the level three sexual offender that is moving into Prior Lake. Community Events Millar: Congratulated the S1. Michael's Choir for its 100th anniversary performance last weekend. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Hedberg. With all in favor, the meeting adjourned at 10:40 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Ass1. 12