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