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HomeMy WebLinkAbout04A - Draft April 6 Meeting Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes April 6, 2009 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Building and Trans- portation Services Director Kansier, Community Development and Natural Resources Director Parr, Fi- nance Director Erickson, Assistant City Manager Meyer, Communications Coordinator Peterson and Ad- ministrative Assistant Green. Councilor Erickson was absent. 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: Gene Happe, owner and developer of the properties at 6880 Boudin Street and 14291 and 14311 Timothy Avenue, regarding amending the comprehensive plan for the aforementioned property, stated that he un- derstands neighborhood concerns about having a big box development such as a Target at that site. Com- mented that this site is not large enough to build such a development. Provided statistics on tax revenues received by developments such as a Target or the Walgreens store that is located across CR 42, compar- ing that to the tax revenues received from houses on a similarly sized site. Believes a C-CC zoning has a lot to offer the City. Kallie Ostlie, 14419 Watersedge Trail, reiterated her statements at previous Council meetings regarding suitability of this site for commercial due to size, proximity of residential properties and the need for vari- ances and conditional use permits. Added that the comprehensive land use map shows this site to be in the shoreland district, which would cause impervious surface conditions to apply adding to conditions for a parking lot, etc. Believes the burden is on the property owner to show there is a mistake in the original comprehensive land use plan before a change can be made. Dan Ringstad, 4627 Parkwood Drive SE, Chair of the Planning Commission, explained how the Planning Commission came to its decision to approve C-CC designation. Property to the north is designated C-NR, property to the south is designated C-CC, and across the street there is big box development. Believes the process may have caught the neighborhood off guard with articles in the Prior Lake American indicating that the property is going to be a Kwik Trip. The article appeared before the public hearing and created a defensive attitude from the neighborhood; and the Planning Commission was required to address the com- prehensive land use map amendment request rather than being able to talk about zoning or a Kwik Trip. Jeff Phelan, 14271 Timothy Ave NE, referred to segments of zoning ordinance stating that conditional uses can not be detrimental to health, safety, morals and general welfare of the community as a whole, and can not have undue adverse impacts on the use and enjoyment of the properties in close proximity to the www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes April 6, 2009 DRAFT conditional use. Stated he does not see how those two things can be mitigated with having a building that close (to his property line). Ron Wiese, 6830 Boudin Street, stated he has lived in the neighborhood for 41 years and observed the changes in zoning throughout the years. Believes there will be a Kwik Trip station. Stated that the County Assessor spoke with him about valuation of his property and that neighboring properties would be valuated in the next year. Commented that C-CC is not to abut residential properties and this site has residential on two sides. Stated that differences between C-NC and C-CC seem to be hours of operation and an on-sale liquor license. Stated no liquor license is needed, the neighborhood wants C-NR zoning and that this is a situation where C-NR should be applied. Camille Myser, 4616 Colorado Street, owner of Jazz Co. Cafe, stated that the Council approved a beer and wine license with conditions for the Jazz Co. Cafe three months ago. Since that time, the Premiere Dance Academy owner has withdrawn her support for the condition in the license requiring the construction of a wall to separate the two businesses. Requested to be on the agenda for the next City Council meeting in order to share new information addressing the safety concerns about the Academy students as well as additional ideas about how to define the space for the two establishments. Mark Schmidtbauer, 16511 Anna Trail, protested the valuations of commercial properties stating that in- creased valuations are not justified due to the properties being tied to long-term leases with tenants. Lyle Maleca, 5036 Bluff Heights Trail, distributed copies of a letter from Police Chief O'Rourke regarding vehicle exhaust noise, stating the letter refers to only 16 citations in past two years. Stated that many cita- tions per hour could be issued if a concentrated effort were made to do so. Commented that sometimes the vehicle noise is so loud it rattles the dishes in the cupboard. Referred to State Statute, "Rants" pub- lished in the Prior Lake American and City ordinance that addresses the issue. Suggested that some offi- cers be deployed to work on the issue and that there should be a fine that would make violators think twice about repeating the offense. Mary Quinn, 14160 Rolling Oaks Circle, stated she came to the meeting to learn if there was going to be a change in the vote from the C-NR designation for the Crossroads Church site and, if so, why. Questioned whether Mayor Haugen has a conflict of interest since he owns property nearby. Believes people in Prior Lake care about the City and there should not be conflict between a developer and a neighborhood. Asked what the developer can do for the neighborhood. Stated she would like new buildings constructed to use "green" technology. Sandee Wright, 14300 Timothy Avenue, stated she opposes the potential of the Council to re-vote on their decision of March 16. Stated that when someone owns lands or buys land they are aware of zoning code and that people in the neighborhood looked at the land use plan before they purchased their property. Guiding principals matter. Believes if this site is designated C-CC, then C -NR should be removed from the land use plan. Asked the Council to stand by its decision. APPROVAL OF AGENDA MOTION BY HEDBERG, SECONDED BY MILLAR TO MODIFY THE AGENDA TO ADD RECONSIDERATION OF RESOLUTION 09.039, AN AMENDMENT TO THE COMPREHENSIVE PLAN LAND USE MAP FOR PROPERTIES LOCATED AT 6880 BOUDIN STREET, 14291 AND 14311 TIMOTHY AVENUE FROM R-LD (URBAN LOW DENSITY RESIDENTIAL) TO C-NR (COMMUNITY NEIGHBORHOOD RETAIL SHOPPING) AND TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. 2 City Council Meeting Minutes April 6, 2009 DRAFT APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE MARCH 16, 2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, 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 09-041 Authorizing Purchase of Standardized Equipment for the 2009 Lift Station Reconstruction Project. C. Consider Approval of Resolution 09-042 Authorizing Advertisement for Bids for the 2009 Sanitary Sewer Slip Lining Project. D. Consider Approval of Resolution 09-043 Waiving Platting Requirements for the Subdivision of Prop- erty Located at 4070 140th Street NE (Squires Property). E. Consider Approval of Resolution 09-044 Declaring the Official Intent to Reimburse Certain Expendi- tures from the Proceeds of Bonds to be Issued by the City. F. Consider Approval of Resolution 09-045 Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Agreement for the McKenna Road / CR 42 Intersection Signal Design. G. Consider Approval of Resolution 09-046 Authorizing Payment of Motor Vehicle Sales Tax for a For- feited Vehicle (2007 Nissan Murano). H. Consider Approval of Resolution 09-047 Accepting Proposals and Authorizing MFRA to Provide Construction Staking, and Resolution 09-048 Accepting Proposals and Authorizing Stork Twin City Testing to Provide Construction Testing for 2009 Street Reconstruction Project. I. Consider Approval of a Massage Therapy License for Elizabeth Laveen Westie. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Amendment to Comprehensive Plan Land Use Map With the motion previously made by Hedberg, seconded by Millar and unanimously approved for reconsid- eration of Resolution 09-038, discussion was conducted about the March 16,2009, action adopting Resolu- tion 09-039 to amend the Comprehensive Plan Land Use Map for properties located at 6880 Boudin Street, 14291 and 14311 Timothy Avenue from R-LD (Urban Low Density Residential) to C-NR (Community Neighborhood Retail Shopping). Comments: Haugen: Stated that he is part owner of the Commerce Building near the Crossroads Church site and asked the City Attorney if.he should recuse himself from discussion or voting. Pace: Replied the discussion does not involve Haugen's property or an opportunity for personal gain and does not present a conflict of interest. Hedberg: Stated he made his decision about the comprehensive land use amendment request at the last meeting with important facts not in discussion. Explained he made the motion for reconsideration because of evolving traffic flow through the City. Described CR 42 as a major arterial, which is the same c1assifica- 3 City Council Meeting Minutes April 6, 2009 DRAFT tion as a freeway, and that TH 13 and CR 21 are minor arterials. Suggested that CR 21 status as a minor arterial may change when the Hwy 169 extension is completed. Boyles: Clarified that an appropriate motion must be made and passed in order to reconsider the resolu- tion. Haugen: Stated that a motion for reconsideration was made by Hedberg and seconded by Millar to recon- sider Resolution 09-039. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Hedberg: Continued comments on the transportation network explaining that he believes CR 42 /13 will become one of the most important intersections in Scott County, which is why there is so much develop- ment on the other three corners. Believes the intersection is also important for the long-term future of Prior Lake. Spoke of traffic changes in the last 15 years and about long-term developments in the transportation network including the CR 13/17/282 intersection. Agreed that the commercial property abuts the Timo- thy/Boudin neighborhood which is not desirable; but added that it also abuts the CR 42 / 13 transportation route. Stated that some of the restrictions called for in a C-NR designation would make the area not eco- nomically viable such as the 10,000 sq ft building limitation; the four pumps, eight pumping stations restric- tion; and the necessity of liquor license to make a family style restaurant competitive. Believes that condi- tions need to be applied to development that will protect the neighborhood and sought support from the Council that its intent is to apply such conditions. Commented on the City's favorable track record in strik- ing such a balance to protect neighborhoods and will support C-CC if the intent is to also protect this neighborhood. LeMair: Concurred with Hedberg's comments about traffic and agreed this property was best suited for C- CC designation. Concerned about what can work at this site and that opportunities for re-development and commercial-based tax dollars would be lost if it is not C-CC. Stated he would not vote in favor of any condi- tional use permits that would clear out the elevation of the two homes included with this site so that neighboring residents would have look at buildings and commercial signs. Believes follow-through on whatever conditions are put in place will be necessary. Believes C-CC is the appropriate designation. Millar: Stated he still feels conflicted, but was not aware of some information he should have had at the time of voting on this issue at the last meeting. Concurred with Hedberg's comments regarding transporta- tion and how important that particular intersection is. Stated that it is clear this site is a commercial area and a reasonable person would concur that should be a commercial area. The community needs more economic development. Believes the Council must balance the needs of the neighborhood and the needs of the community. Stated he could have agreed to either C-NR or C-CC, but it should be C-CC. Sug- gested it be treated as a C-NR zone using planned unit developments and conditional use permits to pro- tect the neighborhood. Stated he understood where the neighborhood is coming from, but he must make a decision for the good of the community. Believes the developer will make efforts to communicate with and work with the neighbors. Haugen: Noted that Councilor Erickson made comments at the last meeting. Responded to earlier que- ries about why the vote was being revisited stating that it is not because the newspaper reported that the developer asked Council to revisit, but rather because the Council did not have all of the facts it needed at the last meeting to see the distinction between C-NR and C-CC. Stated he appreciated the rationale of Hedberg and Millar to reach a conclusion and noted that it was key to make a decision that fits the long- term needs of the community, and not pass the problem along to future Councils. Stated that elected offi- cials need to represent the broader community rather than react to the emotion of the moment and a single issue or single neighborhood. Believes C-CC is the appropriate designation for long-term as it fits with the CR 42 corridor and the other three quadrants of the intersection. 4 City Council Meeting Minutes April 6, 2009 DRAFT Hedberg: Stated that the Council has an obligation to do everything possible to protect the neighborhood from intrusive development and that most uses will be subjected to conditional use permits. Permits ap- proved by the Planning Commission can be appealed to the Council. Haugen: Commented on an email he received from a neighborhood resident stating the City should work with the developer and welcome the development as a new neighbor. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09.039 FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN LAND USE MAP FOR PROPERTIES LOCATED AT 6880 BOUDIN STREET, 14291 AND 14311 TIMOTHY AVENUE FROM R-LD (URBAN LOW DENSITY RESIDENTIAL) TO C-CC (COMMUNITY RETAIL SHOPPING COMMERCIAL). VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. RECESS Mayor Haugen recessed the meeting at 7:17 p.m. RECONVENE The meeting was reconvened at 7:28 p.m. PRESENTATION Property Valuation - Cindy Geis, Scott County Treasurer. Finance Director Erickson announced that the Local Board of Appeal and Equalization will meet on May 4, 2009. Introduced Scott County AuditorlTreasurer Geis and Assessor Thompson. Geis presented summary information on Prior Lake property values and processes used by the assessors to reach accu- rate valuations. Elaborated on the impact of sales and foreclosures on property values. Explained the ap- peals process people can follow if they believe their property is incorrectly valued. Comments: Millar: Complimented the good explanation of the assessment process. Clarified that the property tax payable in 2010 is based on the Estimated Market Value of properties from October 2007 to September 2008. Geis: Stated it is based on sales during that time frame and that the Assessor's office uses values that old because of the appeals process and time that it takes. Millar: Commented that foreclosures and other sales made under duress do not qualify as arms-length transactions. Thompson: Added that foreclosures are not included in the sales study, but assessors recognize that sales are competing with those scenarios and can impact the final result. Hedberg: Described valuations and subsequent taxation as being about each property paying its fair share of how much money is needed to operate the City, the total valuation of the City; and each property's percentage of the total valuation. Geis: Agreed, adding that no one wants an extra burden to shift to them. Hedberg: Commented that a consequence of last year's assessment is an increase of the average lake- shore and commercial property valuation because it was "catching" up. LeMair: Commented that if everyone's property valuation went down the same percentage, their portion of taxation would remain the same. Agreed with comments during the presentation that politics, personalities and emotions need to be removed and will stick to the facts at the May 4 Board of Appeal and Equalization meeting. 5 City Council Meeting Minutes April 6, 2009 DRAFT Haugen: Thanked Geis and Thompson for making the presentation. Emphasized that the May 4 meeting is not about the tax amount on a property, but only the valuation. Added that less than one-third of property taxes are from the City. PUBLIC HEARING Public Hearing to Consider Special Assessment and Consider Approval of a Resolution Adopting the Assessment Roll for the Maple Glen Second Project. Assistant City Engineer Poppler described the location of the project and the work planned to be done. Explained the MN Statutes Chapter 429 process that allows the right of appeal of assessments. Explained that the developer may now be in foreclosure, but that will not remove any special assessments placed against the property. Described the amounts of assessments proposed for each lot identifying that the as- sessment rate is $6,005 per unit, rather than $12,016 as identified in the agenda report. MOTION BY MILLAR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 8:12 p.m. Comments: No person stepped forward to speak. MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 8:13 p.m. Comments: LeMair: Asked if the City will be finishing the project. Poppler: Replied that the City will finish the final lift of asphalt and landscaping. LeMair: Clarified that the City will pay for the work and will get paid back when the lots are sold. Poppler: Affirmed that the assessment would need to be paid when a building permit is requested for the lot. Albrecht: Explained that the City is not financing this work, but rather is selling bonds; and the interest and all costs will be assessed annually to the owner of the lots - in this case M&I Bank. The City's bonding ca- pacity is being used, but someone else will pay the debt for that. LeMair: Clarified that it does not come out of the budget nor require any transfer of funds. Albrecht: Affirmed, adding that it does not affect our road projects or any of our bonding projects. Hedberg: Asked if the City can assume that M&I will pay the assessments every year. Poppler: Replied he has spoken with the M&I attorney and they had no concerns about the assessment. Hedberg: Asked City Attorney Pace what status the City's special assessment would have in the event of tax forfeiture. Pace: Replied that the assessment cannot be extinguished. Hedberg: Clarified that, technically, the City has a lien against the property. Pace: Affirmed. Hedberg: Will support. Noted that market conditions allow the properties to get a good deal on the cost of the assessments. Millar: Will support. Haugen: Will support. 6 City Council Meeting Minutes April 6, 2009 DRAFT MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09-049 ADOPTING ASSESSMENTS FOR THE MAPLE GLEN SECOND PROJECT. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Construc- tion Contract for Street and Utility Construction for 2009 Street Reconstruction Project (City Project #09-011). Assistant City Engineer Poppler described the location of the project. Described bids received. Ex- plained that the bid components of street work, storm sewer, water quality, sanitary sewer improvements and water main improvements combine to $1.2 million for the project. Explained the assessment and tax levy calculation as well as the project funding. Identified the vendor with the lowest bid and explained they had completed work for the City on the Welcome/Industrial sewer and water extension project. Comments: Millar: Confirmed that the bid came in 24% below projections. Asked if the City believes the vendor can complete the project in a timely fashion. Poppler: Affirmed they should be able to complete the project in the required timeframe. Millar: Appreciated the substantial savings. Will support. Hedberg: Asked about the City's experience with the vendor on the Welcomellndustrial project. Poppler: Replied they performed a good quality of work. Hedberg: Asked if they completed that on schedule. Poppler: Replied the project took a little longer than expected because of the depth and water levels. Hedberg: Expressed satisfaction with the due diligence performed and is pleased with the low bids re- ceived. Asked how many properties are involved with this project. Poppler: Fifty-seven. Hedberg: Asked how many driveways will be reconstructed. Poppler: Nearly 30. Hedberg: Commented that the driveway reconstruction is a great addition to the street reconstruction pro- ject and typically results in a lower cost to the residents than if they had their driveways redone independ- ently. Asked how many residents have signed up for raingardens. Poppler: Five. Hedberg: Responded that he hopes more property owners will sign up as raingardens help with neighbor- hood beautification and the management of runoff. Asked how many have signed up for reforestation. Poppler. Affirmed there are a number of properties interested in the reforestation. Added that letters with information about those programs will be sent out so there may be more people involved. Hedberg: Commented that the reforestation program provides for the sale of trees from the City's nursery stock below cost to people in the project to install on their property. LeMair: Clarified that vendors have to meet qualifications in order to be eligible to bid and Quiring met all of the qualifications. Poppler: Affirmed. LeMair: Noted that the size of the company does not impact whether or not they will be successful on a project. Asked what difference in price per household will be achieved with the lower bids. Poppler: Replied that only two of the five components in the project are assessable so it results in ap- proximately $600 less per household than anticipated. LeMair: Stated that the bid results in thousands of dollars of savings to the City. 7 City Council Meeting Minutes April 6, 2009 DRAFT Albrecht: Added that there will be savings in assessments and tax levies. The general tax levy will be lower this year than projections and the City now has the money to do the overlay project in the Blind Lake Trail area. LeMair: Commented that it is good to see the dollars go to a local company. Haugen: Noted that 13 bids were received and one of them was above the estimate while all others were below. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09-050 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE BROOKSVILLE HILLS PHASE II IMPROVEMENT PROJECT (CITY PROJECT #09-011). VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Extending the Deadline for Submittal of a Final Plat for Maple Glen 3rd. Community Development and Natural Resources Director Parr explained that five extensions have already been granted on this preliminary plat due to the economic downtown. Recommended that another extension be denied since there are financial conditions leading to foreclosure in Maple Glen 2nd, there have been changes in stormwater rules since the plat was requested and there are pending zoning ordi- nance changes. Stated the developer has indicated they hope to sell the site for someone else to develop it and recommends that a preliminary plat be submitted at that time. Comments: LeMair: Commented that the economic climate leaves no money to push the development along and con- curs with staff recommendation to close out this preliminary plat. Millar: Agreed. Hedberg: Asked if the investments in design and preparation work will be lost or if it is feasible for a new developer to come back with those plans and amend them. Parr: Replied that much of the preliminary work may still be valuable but stormwater changes could lead to loss of a site. Haugen: Commented that the future developer may have things to change. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09-051 DENYING AN EXTENSION OF THE DEADLINE FOR SUBMITTAL OF A FINAL PLAT FOR MAPLE GLEN 3RD ADDITION. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for the Annual Spring Clean-Up Day, April 18, 2009. Public Works Director Albrecht announced the clean-up date and reviewed the fees for the gate and for electronic recycling. Stated that this grant agreement provides $6,600 of funding from Scott County. Community Development and Natural Resources Director Parr spoke of the opening date of the com- post site, which is co-sponsored by SMSC, and requirements to participate in the program. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09-052 APPROVING A SCOTT COUNTY RECYCLING GRAND FUNDING AGREEMENT FOR THE 2009 ANNUAL CLEAN-UP DAY. 8 City Council Meeting Minutes April 6, 2009 DRAFT Comments: Millar: Asked for the address of the compost site. Albrecht: Replied that the site is off CR 42 west of CR 83 and signage is in place to direct traffic. Millar: Added that Rotary and Lions clubs will manage Bridging donations at the clean-up site and that usable household items that are donated will be given to the needy. Suggested there may be more elec- tronics dropped off this year due to the change from analog to digital broadcasting. Hedberg: Stated that clean-up day has been an institution in Prior Lake for many years and believes the compost site will quickly achieve same level of community service. LeMair: Will support. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Consider Approval of two Resolutions: 1) Approving the Plans and Specifications and Cooperative Agreement for the CR 21 Extension Project, and 2) Approving Cooperative Agreement for CR 21 Transit Station. Public Works Director Albrecht described the cost sharing with the cooperative agreement. Described the road project stating the design remains consistent with the design approved in December. Stated this will be a heavily used roadway drawing more traffic to the CR 21 corridor and taking traffic pressure off CR 18 and CR 83. Stated the project will impact approximately 1500 trees on Prior Lake and Shakopee Mde- wakanton Sioux Community (SMSC) property, and more than 1400 caliper inches of trees will be replaced. Scott County will replace every tree they can in the corridor and they will dedicate funds to the City nursery to plant trees in other county road corridors and City parks. Spring Lake Park will be utilized for some of the tree nursery. Reviewed estimated costs of the project adding that it is an eligible project for stimulus money. Explained that removed trees would be used for construction or energy. Building and Transportation Services Kansier outlined the bus-only ramp and park-and-ride facility pro- jects that are planned in conjunction with the CR 21 extension project. Stated the ramp will be considered a transit advantage lane and will be used by BlueXpress buses. Stated that the need for the park-and-ride facility was identified in the 2005 Unified Transit Management Plan and will be constructed on property leased from SMSC for 50 years. It will eventually have space for 700 cars. Outlined the estimated costs of the transit station as well as funding sources. Comments: LeMair: Asked what would happen if the Council did not approve of the CR 21 extension project. Albrecht: Replied that several steps of this project have already been approved and the County might withdraw funding for other projects in order to complete this one. Related several projects for the City that the County has committed funds to such as the intersections of CR 21 / Arcadia and CR 21 / Main Avenue. LeMair: Commented that the City-funded monies for this project could be used for these other projects. Albrecht: Replied the City has only $700,000 for the Main Avenue project and it will cost $5 or $6 million. LeMair: Stated his position has not been in favor of this project due to concerns about the traffic pushed through downtown for which the City is not prepared. Proposed the extension would encourage traffic to pass through our business district to go to Shakopee's business district. Believes this extension will hurt future business viability at CR 18/ CR 42 by rerouting traffic away from that intersection. Will not support. Hedberg: Commented that the Council has reviewed this project a number of times and believes it to be an element of the long-term transportation grid in northern Scott County. Suggested that it implies that the City should revisit the comprehensive land use plan as well as plans for the corridor, adding that a business 9 City Council Meeting Minutes April 6, 2009 DRAFT park at CR 21 /42 may be a better location for a business park than CR 18/42. Stated that many compli- cated implications have not been thought through yet. Believes additional traffic along CR 21 can be a positive for downtown redevelopment and make CR 21/13 an important intersection. Will support. Asked about the progress of work planned for 2009. Albrecht: Replied that most of the grading and possibly utility installation will occur in Prior Lake. Most of the completed work will be noticeable in Shakopee. Hedberg: Asked if the project is scheduled for completion in 2011. Albrecht: Replied it is scheduled for late 2011 and early 2012. Hedberg: Asked if the project will be completed sooner at a savings to taxpayers if stimulus money is re- ceived. Albrecht: Replied that the project was going to be done anyway which might hurt it from the standpoint of receiving stimulus funding. Commented that the project is included in a list of about 30 projects and the process for determining which projects get stimulus money takes a long time. Added that big decisions are to be made about the TH 494 / 169 intersection that may impact other projects being able to receive fund- ing. Millar: Asked if Scott County will move forward with the project regardless of whether or not Prior Lake participates. Albrecht: Replied that the Prior Lake share is $725,000 out of a $20+ million project. Recalled that this project had not even been launched when the corridor study for downtown and Main was done showing the traffic volumes coming to CR 21. Mystic Lake Casino is one of the largest traffic generators and the traffic is going through CR 21 anyway. Downtown is going to be an issue for the City whether CR 21 goes through to 169 or not. Millar: Believes there are serious traffic concerns along CR 21 through the entire town and a positive thing could be more economic vitality in the CR 42 / 21 area. Asked how it will impact the Pike Lake Park area. Albrecht: Replied that it will provide an access to the park property as well as the Shepherd's Lake prop- erty by way of North Berens Road. Millar: Asked if there will be a financial windfall from harvesting the trees that have to be removed. Albrecht: Replied it will end up being cost neutral as harvest revenues will cover the cost of removing the trees. Millar: Asked if the new transit station will replace the park-and-ride at Shepherd's Path. Kansier: Affirmed that it will and that it will have amenities such as a bus shelter and more space. Millar: Thanked SMSC for the partnership agreement noting that the leased land will be saving the cities a considerable amount of money. Haugen: Confirmed that the corridor study was done prior to beginning the extension project and added that traffic problems will be created for downtown, but in the long-term it will bring business. Believes this project will accelerate opportunities for economic development downtown. Stated that this route was se- lected to minimize tree removal. Believes withdrawing financial support at this time would be letting down many partners that have been involved with the project for several years. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-053 APPROVING THE PLANS AND SPECIFICATIONS AND COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE CR 21 EXTENSION PROJECT SAP 70-621-024. VOTE: Ayes by Haugen, Hedberg and Millar. LeMair opposed. The motion carried. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-054 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE CR 21 TRANSIT IMPROVEMENTS. 10 City Council Meeting Minutes April 6, 2009 DRAFT VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. Haugen: Commented that he understands the rationale for two transit sites, but believes they take people out of Prior Lake and hopes a site would be in Prior Lake if it s determined a third site is needed. Kansier: Replied that longer-range plans indicate a park-and-ride at CR 242 /17. NEW BUSINESS Consider Approval of a Resolution Authorizing and Supporting the Submission of a COPS Hiring Recovery Program (CHRP) Grant for Three Officers. Building and Transportation Services Director Kansier explained that the grant would cover entry level salaries and fringe benefits for full-time, sworn officers, for three years. City would be required to pay any other costs and fund the positions for an additional 12 months following the expiration of the grants. Pro- posal is to hire two officers for the City and an additional officer for the Shakopee Mdewakanton Sioux Community (SMSC). Stated that additional officers would bring staffing levels closer to recommendations for a city of our size and reduce current overtime costs. Noted that grant funds cannot be used to supplant current budget and that approval of the proposal does not obligate the City to accept the grant. Comments: Millar: Asked if these grant monies are part of the stimulus package. Kansier: Affirmed. Millar: Asked how the ratio of 1.3 officers per 1,000 capita is arrived at. Kansier: Replied that the State provides an annual report with recommendations. Millar: Asked if the report considers the type of community with that recommendation. Kansier: Replied that was unknown to her at this time. Millar: Stated the program seems a good value for the money and will support applying for the grant. Hedberg: Commented that Prior Lake has fewer officers per capita compared to other cities. Stated that new officers would allow us to support some of the initiatives that will be driven by the Community Safety Advisory Committee, which is driven by the 2030 Vision and Strategic Plan and he hopes this grant will help accomplish that. Asked if an agreement could be formalized with the SMSC for a commitment to the four-year program. Kansier: Replied that a letter of support will be requested to go with the application and an agreement could be pursued. LeMair: Stated that this appears to be a good deal for three years, but afterwards it becomes a big budget increase with unknown implications. Expressed reservations about the ratio of 1.3 officers per 1,000 capita stating that he has heard no feedback about lack of officers in the City. Suggested the City might have to consider eliminating some of the positions after three years. Haugen: Stated there would be a one year commitment after the grant. Commented that the number of people who come through the community for recreation might infer an actual population of 30,000 or more from a police officer need. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09.055 SUPPORTING THE COPS HIRING RECOVERY PROGRAM GRANT AND AUTHORIZING STAFF TO PROCEED WITH THE GRANT APPLICATION. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. 11 City Council Meeting Minutes April 6, 2009 DRAFT Consider Approval of a Report Regarding Building Permit Fees. Building and Transportation Services Director Kansier described the costs to the City of administering a building permit. Added that the City provides savings to builders by not requiring as-built surveys or re- inspection fees, builder's deposits are returned, permits are allowed to remain open and no plan check fees are charged up front. Comments: LeMair: Commented it was an informative report and shows Prior Lake to be in line with a number of the other cities to which we were compared. Asked how many building inspectors work for the City. Kansier: Replied there is one person for inspections and the Building Official conducts plan review. LeMair: Suggested that if the City wanted to actually cover inspections costs, it would have to increase the building permit fees. Asked if hours per job are tracked. Kansier: Replied they are not although it might be good to consider at this time when building levels are low. LeMair: Stated he would be interested in having a tracking system set up to see hourly comparisons on productivity. Erickson: Commented the City currently does not have software to track costs associated with building permits noting that in addition to staff time, building permits require administration and finance time as well as overhead costs. LeMair: Suggested that an administrative percent can be assigned, identify the time spent on each job and calculate based on number of hours. Millar: Asked the rationale for requiring a deposit from a builder. Kansier: Replied it is held in escrow for things that might remain to be done such as landscaping, sod, etc. The deposit is very low and would not really cover costs. Albrecht: Added that the purpose of the deposit is to provide an incentive to finish the details. Hedberg: Asked what the plan is for updating studies on various costs and efforts. Albrecht: Responded that the City updates a study every year to keep them reflective of costs; last year stormwater fees; this year sewer and water rates; next year will be sewer trunk fee or water trunk fee. Hedberg: Asked if any fees were changed in response to the studies. Albrecht: Replied that all fees were changed in 2004. Storm sewer utilities increased minimally in 2009. Staff tries to plan for ten years so there are not spikes in rates. Sewer and water fees will come before the Council this year. Hedberg: Stated that Prior Lake seems to be generally in line with the other cities and should stay with those rates for now. Expressed interest in the sewer and water fee study report and asked that results of other recent studies be brought before the Council also. Albrecht: The report will show how the fees are interlinked as most people do not know development- related water and sewer charges on a house permit. Haugen: Appreciates the fact that we can justify our fees. BA TC has sued other municipalities whose fees they believed to be not representative of true costs. Complimented City Attorney Pace and Director Kan- sier for their coordination with BA TC and keeping them as an ally to the City rather than an adversary. Pace: Commented on a study, its methodology and participation of costs for the study by BA TC, developer Stanton and the City. MOTION BY HEDBERG, SECONDED BY MILLAR TO ACCEPT THE REPORT REGARDING BUILDING PERMIT FEES. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. The motion carried. 12