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HomeMy WebLinkAbout03A Draft February 2 Meeting Minutes City Council Meeting Minutes February 2,2009 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Finance Director Erickson, Police Chief O'Rourke, 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 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 Councilor Hedberg requested the addition of item 10F, Consider Approval of a Request to have the Eco- nomic Development Advisory Committee Prepare Draft 2009 Objectives for City Council Consideration Us- ing the EDAC Bylaws and 2030 Vision and Strategic Plan. MOTION BY ERICKSON, 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 LEMAIR, SECONDED BY ERICKSON TO APPROVE THE JANUARY 20, 2009, 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 2008 4th Quarter Investment Report. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes February 2, 2009 DRAFT PRESENTATION No presentation was conducted. PUBLIC HEARING No public hearing was conducted. OLD BUSINESS No old business was conducted. NEW BUSINESS Consider Approval of a Resolution Adopting the City of Prior lake Sanitary Sewer Maintenance Pol- icy. Public Works Director Albrecht explained some of the history of City practices including that the City took a customer-friendly approach to resident's issues with sewer system backups helping with the restoration of basements, etc. Indicated that the League of Minnesota Cities Insurance Trust (LMCIT) is the City's in- surer and they have concerns about the liability the City assumes by participating in restoration of base- ments. Stated that the LMCIT believes the City is not liable for certain sewer backups if a prescribed pro- cedure is adopted and followed to maintain the City's sanitary sewer system. The City's exposure to liabil- ity for a sewer back up is reduced if the City has and adheres to a reasonable maintenance policy. Com- munication with the public will educate them on how to prevent backups and to understand that the City is not liable. Summarized the proposed policy. Comments: Erickson: Stated his understanding is that the City needs to approve this to limit liability exposure. Albrecht: Replied that the City is strongly recommended to develop and maintain a policy. leMair: Will support. Hedberg: Asked how frequently the City has experienced sewer backups that require mitigations. Albrecht: Replied that, in his tenure, it has occurred twice and both caused substantial damage. Added that sewer back ups are often caused by tree roots in backyards that are difficult to access and maintain. Hedberg: Affirmed that the occurrences are rare, but catastrophic. Read an excerpt from the proposed policy that indicates the City intends to follow guidelines, but may not. Albrecht: Replied there could be scenarios where the City would cut back on maintenance of sewer lines; for example, if budget cuts required a reduction of personnel the City might choose not to do slip lining, or something like a dispute over accessing property might eliminate the ability to conduct maintenance. Hedberg: Commented that the language seems appropriate as we cannot know what future Council's might face. Expressed concern that this might limit the quality of service to residents. Stated that there is an implication that the League of Minnesota Insurance Trust might not insure the City if the policy is not approved. Believes people need to be advised that they must get their own insurance to cover sewer backups. Millar: Wants to be sure the City does its best to help residents in cases like this; but believes it is impor- tant for the City to carry insurance. Asked if most homeowner policies carry coverage for this kind of prob- lem. Haugen: Believes most companies have coverage available by endorsement meaning it could be added with an additional premium charge; but that most people do not carry it. Millar: Asked if the attached flyer is what will go out to residents. Boyles: Replied that it is an example of material that would be used to communicate with residents. 2 City Council Meeting Minutes February 2, 2009 DRAFT Millar: Will support the policy, but wants to see something that urges homeowners to check their insurance coverage. Albrecht: Stated that the intent is to prepare a resident package that covers a number of topics and the cover letter would talk about insurance coverage for sewer back ups, broken water pipes, etc. Haugen: Believes the City should be cautious about giving advice to people, but rather include a footnote to tell people to check with their insurance provider. The policy indicates that the City intends to meet the guidelines, but that there may be times when it is not feasible. Understands the City followed the League of Minnesota Cities Insurance Trust prototype. Suggested a revision to the fourth paragraph to read, "Budget constraints, critical equipment failure, weather, or other emergencies may prevent the City from meeting the guidelines established herein." Hedberg: Agreed with Haugen's proposed revision and suggested that the last page, before exhibit A, paragraph E, should be revised to, "The City will document all of its inspection and maintenance activities and emergency responses for its sanitary sewer system. The City will also document circumstances that limit its ability to comply with this policy. A report should be prepared no less than annually and presented to the City Council for the purpose of evaluating maintenance activities and for determining goals for the future. These records will be kept in accordance with the City's retention schedule." Stated this revision would make the reporting requirement definitive and bring it back to the Council. Haugen: Commented that he does not like this scenario where staff has developed and proposed a policy and revisions are being proposed by counsel and councilors at the meeting. Albrecht: Stated that this proposed policy is a template and he has no problem with modifying it to include an annual reporting requirement. Haugen: Suggested that staff and the City Attorney bring another draft back to the Council. Erickson: Asked if there is any timeline required for approval. Albrecht: Replied that staff is being proactive by putting a policy in place and there is no deadline for it. MOTION BY ERICKSON, SECONDED BY LEMAIR TO DIRECT STAFF TO PREPARE REVISIONS TO THE CITY OF PRIOR LAKE SANITARY SEWER MAINTENANCE POLICY AND BRING BACK TO COUNCIL ON CONSENT AGENDA. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Amending Plat Application Requirements. Community Development and Natural Resources Director Parr spoke about the costs associated with a plat application. Explained that as development has slowed, development processes are begun but not finished and the City has not been able to recoup costs invested by staff and consultants. Suggested an escrow at the time of permit and plat submittal rather than collecting all costs at the time of final plat devel- opment. Escrowed fees would be deducted from final plat development fees. Described what other mu- nicipalities are doing in this regard. Described proposed escrow amounts. Comments: leMair: Seems reasonable and will not cost developers more money. Probably won't see any develop- ment in the near future, but have learned where the cracks were in the system. This would prevent any further loss of revenue for the City. Will support. Hedberg: Likes the precedent that is being established. Will support. Millar: Will support. Asked if the escrow money would collect interest. Parr: Replied that the escrow would likely be a letter of credit. No interest will accrue. Erickson: Will support. Noted that there three accounts that the City has not collected on and perhaps still will. Noticed that fee amounts proposed are lower than most cities and the same as Scott County. 3 City Council Meeting Minutes February 2,2009 DRAFT Haugen: Will support. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09.021 AMENDING PLAT APPLICATION REQUIREMENTS TO REQUIRE THE SUBMITTAL OF AN ESCROW. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. leMair: Stated he was approached by a builder who had questions about permit application fees and whether they would be reduced. MOTION BY LEMAIR, SECONDED BY HEDBERG TO DIRECT STAFF TO PREPARE A REPORT SHOWING THE COMPONENTS THAT ARE INCLUDED IN A BUILDING PERMIT FEE AND AN ANALYSIS OF WHETHER THE FEE AMOUNTS WOULD BE RECOMMENDED FOR CHANGE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Resolutions Appointing Persons to the Community Safety Advisory Commit. tee and the Economic Development Advisory Committee. City Manager Boyles noted that the application and interview process for the Community Safety Advisory Committee (CSAC) and Economic Development Advisory Committee (EDAC) were not completed in time for recommendation at the annual meeting. Councilor Hedberg spoke of the interview process for the Community Safety Advisory Committee and recommended Linda Ringstad for appointment to the CSAC, adding that she had been a member of the Community Safety Task Force. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.022 APPOINTING LINDA RINGSTAD TO SERVE ON THE COMMUNITY SAFETY ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. City Manager Boyles explained that the bylaws of the EDAC do not limit the number of members the Committee may have. Named the applicants. Explained that two previous members chose not to ask for reappointment to the Committee. Councilor Erickson believes EDAC goals will change from it being a committee that passed along information to more of a working committee that recommends policy to the Council and recruits and retains business. Stated that a schedule of quarterly meetings will be established. Recommended appointment of all candidates who interviewed. leMair: Agreed there is a good group of people willing to become involved and help the community grow. Hedberg: Stated that the EDAC is an important committee with a Vision Element dedicated to its area of work. Millar: Will support. Boyles: Suggested that the resolution be revised to reflect the initial date of appointment. Haugen: Appreciates the new members and previous members who sought reappointment, and looks for- ward to Community Development and Natural Resources Director Parr providing firm direction for the EDAC. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09.023 APPOINTING SANDI FLECK, DENO HOWARD, BOB FACENTE, RON CEMINSKY, DAVE CHROMY, BILL HENRY AND BRUCE CAPRA TO SERVE ON THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. 4 City Council Meeting Minutes February 2, 2009 DRAFT Consider Approval of a Resolution Authorizing Participation in the US Hwy 169 Corridor Coalition. Building and Transportation Services Director Kansier informed that the US Hwy 169 Corridor Coalition proposes to bring together the governmental units that are impacted by the 169 corridor to collaborate on issues such as traffic, safety, and development-related issues. Stated dues for the City would likely be around $1,000 annually and that a steering committee would develop a joint powers agreement. Queried the Council about the commitment level desired for the City. Dues-paying member would require a Council membership and staff alternate and have voting privileges. Ex-officio status would not have a vote. Comments: Erickson: Asked about the time commitment of the councilor and staff member and whether both would have to report to meetings. Kansier: Assumes there would be a steering committee, policy committee and technical committee. Staff would probably be on the technical committee. Elected representatives would likely take up the policy is- sues. Erickson: Believes the City should have input on future development and it would justify the amount of the dues. Will support and would served on the coalition if needed. leMair: Agrees with the concept of a coalition and that City input would be good. Does not know that the City would have different input than the County or other municipalities along the corridor and has concern about the staff time that would be required. Will support it if the rest of the Council is in agreement. Hedberg: Stated this is a great idea about 20 years late. Expressed the wish that a coalition for the corri- dor would have been in place to look at the impact for south of the river when initial planning was done for the new bridge and the Shakopee bypass. Agrees with LeMair's comment that interests are aligned. Sup- ports getting involved and taking a long-term view of the impact of the 169 corridor. Millar: Wondered how much impact the City would have. Believes the City should have a place at the ta- ble to have some input and agreed the coalition should be looking forward for many years. Will support. Haugen: Will support. Believes the 169 corridor is a small piece of a bigger issue of roadways for the County and that the major work is not to get people north of the river, but rather to have an intra-County system to get people around the County. Stated that Prior Lake will not be a huge commercial player be- cause the major roadways do not go through it. Encouraged whoever takes the message further to look at the total transportation picture, not just Hwy 169, otherwise the County will have stunted commercial growth. Boyles: Explained that tonight's action is not for approval of a joint powers agreement or the City's cost to participate, but rather whether City staff should move forward with participation. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-024 AUTHORIZING PARTICIPATION IN THE US HIGHWAY 169 CORRIDOR COALITION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Purchase of: 1. One F350 4x4 (Club Cab) with Boss V plow and appurtenant equipment 2. One F350 4x4 (4 door) with snow package attachment and appurtenant equipment 3. One F350 4x4 with utility box, Boss V plow and appurtenant equipment 4. Two (2) Toro Groundsmaster 328 mowers and blowers 5. One John Deere 5525 tractor 6. One Stone WP41 00 Roller 7. One liquid anti-ice application unit 5 City Council Meeting Minutes February 2, 2009 DRAFT And Trade.in of: 1. One 2000 Ford Windstar Van (unit #494) 2. One 1997 Ford 4x4 % ton extended cab (unit #453) 3. One 1999 Toro Groundsmaster 3250 and blower attachment (unit #525) 4. One 1999 Toro Groundsmaster 3250 and broom attachment (unit #526) 5. One 1995 Case 4210 tractor (unit #505) 6. One 1994 Stone bituminous roller (unit #474). Public Works Director Albrecht explained that the above items were identified in the Capital Improve- ment Plan (CIP) as needing replacement. Options of refurbishing, rental and equipment sharing with part- ners, etc. have been explored. Reviewed each item proposed for trade-in regarding the repairs it would need and the vehicle proposed to replace it. Noted that the proposed purchase of $259,000 is $53,000 less than budgeted for in the CIP. Explained that when the budget for the CIP is established, staff uses current bids to plan for the next year's equipment and pricing has become much more competitive since the budget was planned. Comments: leMair: Pleased that costs came in under budget and believes it is due to the economy rather than any error in projections. Asked about the possibility of acquiring a Stone roller from auction. Albrecht: Replied that a process has not been developed to authorize the purchase at an auction and the process of buying something in a short time frame needs to be refined. Stated that dealers were contacted for this purchase, but no roller was found. Added that, generally, a roller is kept until it falls apart. leMair: Stated he would like to see a process developed for buying at auction as this type of equipment would be perfect for such a scenario. Asked if the money saved will stay in the budget. Albrecht: Replied that these purchases are funded from the revolving equipment fund and monies would be retained for future purchases. Noted that this budget year's contribution to the equipment matrix was reduced by $50,000 and the savings from these purchases will help to reduce any tax needs for a future equipment fund. Erickson: Asked why there are different configurations for the three Ford F350 trucks. Albrecht: Replied that the differentiation fits different needs - the utility box truck can handle water equip- ment tools; the four-door will be used to carry four individuals to work sites and the club cab is most cost- effective version and is needed to plow and pull heavy equipment. Erickson: Offered suggestions for substitutions to meet the needs. Albrecht: Explained the rationale for the different configurations. Erickson: Queried the value shown for the trade-in on the van. Albrecht: Replied that the bid price may have included the van, but the dealer did not designate a value. Stated staff would have to verify if the price of the Dodge would be the same price if the dealer did not get the van and the process would have to be rebid to everyone if the City did not trade in the van. Erickson: Suggested that future bids include an optional trade-in and then the bid could be accepted with or without the trade. Millar: Asked whether the third F350 is an addition to the fleet. Albrecht: Yes. Millar: Asked what was used in the past for water equipment tools. Albrecht: Replied that a truck with a sewer crane on it was used, and that vehicle will be dedicated to the sewer side of maintenance. Now that water treatment personnel are dedicated to the water treatment facil- ity site, a vehicle will be dedicated to their purposes. 6 City Council Meeting Minutes February 2, 2009 DRAFT Hedberg: Will support. Concurred with comments already made. Impressed with the additional value that taxpayers receive by following the process of examining the equipment to determine repair vs. replacement costs. Haugen: Agreed this model of processing equipment purchases is good noting that some vehicles have been kept running longer than their targeted time. Stated the report is thorough and explains that the life expectancy is over for the vehicles being traded in. Recommends not re-bidding the trucks in regards to the trade-in of the van due to costs of the re-bid. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09.025 AUTHORIZING THE PURCHASE OF: 1. ONE F350 4X4 (CLUB CAB) WITH BOSS V PLOW AND APPURTENANT EQUIPMENT 2. ONE F350 4X4 (4 DOOR) WITH SNOW PACKAGE ATTACHMENT AND APPURTENANT EQUIPMENT 3. ONE F350 4X4 WITH UTILITY BOX, BOSS V PLOW AND APPURTENANT EQUIPMENT 4. TWO (2) TORO GROUNDSMASTER 328 MOWERS AND BLOWERS 5. ONE JOHN DEERE 5525 TRACTOR 6. ONE STONE WP41 00 ROLLER 7. ONE LIQUID ANTI-ICE APPLICATION UNIT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Request to have the Economic Development Advisory Committee Prepare Draft 2009 Objectives for City Council Consideration Using the EDAC Bylaws and 2030 Vision and Strategic Plan. Councilor Hedberg commented that the Economic Development Authority has not met during his tenure; and the Economic Development Advisory Committee is an important committee directly linked with vision elements in the 2030 Vision and Strategic Plan. Stated the EDAC does not seem to have a clear set of objectives. Believes that the new appointments to the EDAC, the commitment of existing members and the upcoming 2030 Vision and Strategic Planning meeting make this is an ideal time to establish direction for the newly reconstituted committee. Believes EDAC members should be invited to the 2030 Vision and Strategic Planning meeting to take the output of that meeting and use it to set objectives for the group that the Council endorses. Read the segment of the EDAC bylaws regarding structure of the committee and expressed the belief that those things have not happened in the last two years. MOTION BY HEDBERG, SECONDED BY LEMAIR TO PROVIDE DIRECTION TO THE ECONOMIC ADVISORY COMMITTEE TO ATTEND THE STRATEGIC PLANNING MEETING AND USE THE OUTPUT GAINED THERE TO PREPARE A REPORT OF THE COMMITTEE'S OBJECTIVES FOR THE COUNCIL TO ACT ON IN DUE COURSE. Erickson: Stated there has been direction in the past few weeks that has been conveyed to every person that was interviewed. This has been defined as a working committee and they are expected to find ways to attract businesses to the City and maintain them. Stated the EDAC is already on course to do what Hed- berg is recommending. Parr: Commented that the City can use this opportunity to utilize EDAC to greater extent than has been done in the past - to attract other businesses, to reach out to other businesses that may want to come to town, to report back to the Council on what has been discussed. It will be a much different group than in the past and the 2030 Vision will provide the backbone of what it is doing. 7 City Council Meeting Minutes February 2, 2009 DRAFT VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. Erickson opposed. The motion carried. OTHER Community Events Millar: Announced the VFW annual BBQ dinner and dance on Saturday, February 7; and the Rotary an- nual auction at the Wilds on Saturday, February 14. Hedberg: Announced the youth hockey fundraiser, Skate the Lake, on Sunday, February 22 at Captain Jack's. Erickson: Announced the Mardi Gras pancake breakfast on Sunday, February 8. 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 adjoumed at 7:47 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8