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HomeMy WebLinkAbout04 - Draft April 20 Meeting Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes April 20, 2009 DRAFT REGULAR COUNCIL MEETING MINUTES 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, Public Works Coordinator Wittkopf, Water Resources Engineer Bintner, Streets and Utilities Supervisor Eldred, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Parr, Finance Director Erick- son, Fire Chief Hartman, Assistant City Manager Meyer, Communications Coordinator Peterson and Ad- ministrative 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 City Manager Boyles removed old business item, Consider Approval of a Resolution Authorizing Purchase and Installation of Landscape Materials, Irrigation System and Appurtenant Equipment for the Water Treatment Facility, from the agenda. Mayor Haugen added a report about zebra mussels in the lakes. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE APRIL 6, 2009, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Hedberg, LeMair and Millar. Councilor Erickson abstained due to his absence at the meeting. 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 Treasurer's Report. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes April 20, 2009 DRAFT C. Consider Approval of the 1st Quarter 2009 Finance Report for General and Enterprise Funds. D. Consider Approval of the 1 st Quarter 2009 Investment Report. E. Consider Approval of March and 1 st Quarter Building Permit Report. F. Consider Approval of Animal Warden Report. G. Consider Approval of March and 1st Quarter Fire Call Reports. H. Consider Approval of Resolution 09.056 Accepting Donations and Grants Received During 1st Quarter 2009. I. Consider Approval of Resolution 09.XXX Authorizing the Mayor and City Manager to Enter into a Permit Agreement for the 2009 Farmer's Market. J. Consider Approval of Resolution 09.058 Updating a City Technology Policy. Councilor Hedberg requested removal of item 5H, Consider Approval of Resolution 09.056 Accepting Donations and Grants Received During 1st Quarter 2009, from the Consent Agenda. Councilor Erickson requested removal of item 5G, Consider Approval of March and 1st Quarter Fire Call Reports, and 51, Consider Approval of Resolution 09.057 Authorizing the Mayor and City Manager to Enter into a Permit Agreement for the 2009 Farmer's Market, from the Consent Agenda. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Comments: Hedberg: Stated he asked that the donations and grants item be removed from the consent agenda in order to publicly thank those who made donations. Invited Boyles to read the list of contributors. Boyles: Listed the contributors and grants as outlined in the agenda report. Erickson: Asked Fire Chief Hartman to talk about the fire report. Hartman: Provided an update on burning restrictions that were put in place April 16 by Scott County and the DNR as a result of a fire on April 15. Stated that fire conditions are considered extreme and only rec- reational fires are allowed. Erickson: Commented on cigarettes butts tossed out of the windows of passing cars. Hartman: Reiterated that conditions are explosive and everyone needs to be extremely cautious until there is significant rain or "green-up." LeMair: Commented that back yard brush could go to the compost site or be mulched rather than burned and that the City will pick up buckthorn. Parr: Commented on the program the City has to combat buckthorn which includes pick-up and disposal of any buckthorn removed by residents. Hartman: Suggested that the ecological methods of mulching or composting be used to dispose of brush rather than burning. Erickson: Asked about the entertainment at the Farmer's Market and whether it fits in the outdoor event ordinance. Boyles: Replied that their right-of-way permit specifies expectations. Added that if musicians performing there use amplification, they would need an outdoor event permit under the existing code. Millar: Asked if the ordinance applies to boom boxes and radios. 2 City Council Meeting Minutes April 20, 2009 DRAFT Boyles: The definition in the ordinance is an event that includes 50 persons at which amplification is used to listen to some type of entertainment. Millar: Asked about a person just playing music with a microphone for voice. Boyles: Replied that would be considered amplification. LeMair: Commented he has found the Farmers Market to be a mellow ambience and asked if there have been complaints. Meyer: Replied that there have been no complaints and believes that people find it a nice accessory. Stated that this use falls into the language of an outdoor event, and if the intent is to prohibit the amplifica- tion of music, that message should be relayed to the Farmers Market. Suggested an amendment of the ordinance to make exceptions for this kind of downtown event. Other examples considered for an excep- tion could be the Friday Night Roll-In, Downtown Dazzle, the Lakefront Days parade, etc. Haugen: Agreed the intent of the outdoor event ordinance doesn't fit the needs of such events as the Fri- day Night Roll-In or Farmer's Market noting that such events don't use significant amplification. Agreed the ordinance should be modified so it supports the small town downtown environment the City wants to have. Erickson: Agreed he would like to look at ways to amend the ordinance to allow such uses and allow con- sistent enforcement of ordinances. MOTION BY HAUGEN, SECONDED BY ERICKSON TO DEVELOP AN AMENDMENT TO THE OUTDOOR EVENT ORDINANCE THAT IS SUPPORTIVE OF THE SMALL TOWN ENVIRONMENT DESIRED IN THE DOWNTOWN AND BRING IT BACK TO THE NEXT COUNCIL MEETING FOR CONSIDERATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECOND BY LEMAIR TO APPROVE ITEM 5G, CONSIDER APPROVAL OF MARCH AND 1ST QUARTER FIRE CALL REPORTS, AND ITEM 5H CONSIDER APPROVAL OF RESOLUTION 09.056 ACCEPTING DONATIONS AND GRANTS RECEIVED DURING 1 ST QUARTER 2009. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Hedberg: Asked Finance Director Erickson to comment on the1st Quarter 2009 Finance Report for Gen- eral and Enterprise Funds report regarding any trends that affect revenues and expenditures. J. Erickson: Replied revenues are in line with where the City was at in 2008 and explained that many rev- enues have not been received yet such as property tax collections. Building permit activity is down. Ex- penditures seem to be in line and staff is being conscientious with purchases. Hedberg: Commented that revenues and expenditures seem to be as expected so far, adding that there may be delinquencies on property tax revenues. PRESENT A liON Wings and a Halo - R.E.A.C.H. a Child City Manager Boyles announced that the Prior Lake Police Department will be the first to launch this pro- gram in Minnesota and introduce Sgt. Stanger and Kris Ackley, MN Executive Director for Wings and a Ha- lo. Stanger explained that the program provides for police officers to give out books to kids in crisis and shared an experience of that happening. Ackley provided a background of the program and described the BACK (Be a Cheerful Kid) Packets that are used in the program. She stated that books are provided at no cost to the police department and that the program relies on donations of books and fund raising events. Comments: 3 City Council Meeting Minutes April 20, 2009 DRAFT Millar: Commented that it seems like a worthwhile organization and he is proud that Prior Lake is launch- ing the program. Hedberg: Commented on the Community Safety Advisory Committee's work to keep the community safe; and thanked Ackley and Stanger for bringing the program to Prior Lake. LeMair: Asked if private donations of used books are accepted. Ackley: Affirmed. Haugen: Commented on the merits of having this program help a child view an officer as an ally rather than an adversary in a crisis situation. Ackley: Added that a space is provided inside of the books for the police officer to write his or her name. Habitat for Humanity Community Development and Natural Resources Director Parr identified the lot proposed for use by Habitat for Humanity and explained that the City came to own the lot through right-of-way processes with Scott County. Staff has considered the costs of the lot, fees and construction with a Habitat use. The de- veloper of Stonebriar has been asked if they have interest in using the lot and they do not. Construction costs would be covered by Habitat for Humanity. Any structure would be required to be compatible with surrounding residences. Introduced Chad Dipman and Mike Nelson of Habitat for Humanity. They spoke about the program, its mission and operating principles; and portrayed homes already built by the Habitat program. Comments: Erickson: Asked if competitive bids would have to be sought for the property. Albrecht: Stated that the City is not proposing to sell the property. Pace: Asked what the proposal is. Albrecht: Replied the City is proposing to be a partner with Habitat and donate the property as part of the project. Erickson: Stated that it would be sold for $0 and there would be an exchange of title. Pace: Stated she would research the possibility of such an exchange. Boyles: Commented that it appears that many communities have worked with that problem. Pace: Stated she will contact those communities. Nelson: Stated that other communities worked through their Community Development Agencies (CDA). Habitat acquires property through the county CDAs which have a mission of providing affordable housing. Offered to put the City in contact with them on how it would operate. Stated that their customer in Minnea- polis and St. Paul is the Housing Redevelopment Authority (HRA). Pace: Stated the Economic Development Authority has different powers than the City Council and if the Habitat is dealing with HRAs and CDAs, it is different than dealing with the City itself. Erickson: Believes in the Habitat for Humanity organization, but suggested that donations would be a good thing for individuals to do privately. Asked what the fair market value would be if the lot were put on the market. Parr: Replied it might be $60,000. Erickson: Believes such a donation would be spending the taxpayer's money and does not feel it is ap- propriate to donate the lot although in his own personal dealings he is supportive of the attainable housing concept. Millar: Commented on fundraising done for the Habitat for Humanity and complimented them on helping people to help themselves. 4 City Council Meeting Minutes April 20, 2009 DRAFT Hedberg: Cited goals from the 2030 Vision and Strategic Plan for the Housing Quality and Diversity ele- ment stating he would be interested in further details believing this proposal could move toward meeting some long-term strategic goals for the City. LeMair: Asked if some of the costs associated with land acquisition could be shared. Does not believe the lot to be worth $60,000. Nelson: Replied that he could look into grants to purchase the property. LeMair: Asked if a Habitat homeowner pays local taxes. Nelson: Affirmed. LeMair: Suggested the lot might be vacant for a number of years if it were placed on the market and this could be an opportunity to start some building. Suggested working out trades for local vendors and part- nering to get work done. Haugen: Commented that this project is the kind of thing that has been talked about for some time, the proposal fits the community and should be done. Suggested that Habitat for Humanity work with staff and the HRA to learn what can be done and what the costs and benefits will be for the City. Should submit this proposal for further evaluation. Hedberg: Clarified that the lot is a third of an acre and asked if it could be divided into two housing sites. Parr: Replied that was considered, but it is a corner lot which is required to have more square footage. MOTION BY LEMAIR, SECONDED BY MILLAR TO DIRECT STAFF TO WORK WITH THE HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND HABITAT FOR HUMANITY TO FORWARD THE PROCESS OF PARTNERING FOR A HABITAT FOR HUMANITY CONSTRUCTION ON THE LOT AT 3631170TH STREET SW. Pace: Clarified if the intent was to work with the Scott County HRA or the City's EDA acting in its capacity as an HRA. Haugen: Replied that it could be both as needed. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Report on zebra mussel found in Prior Lake Water Resources Engineer Bintner stated that zebra mussels were found by the DNR in all tested areas of the lake and that the City is learning what kind of management options there are, what it means to have this competitive, invasive species in the lake and what it will mean to the value of the lake. The Lakes Ad- visory Committee (LAC) meeting will have a Department of Natural Resources (DNR) representative to ex- plain how the mussel functions when it comes into a lake. The LAC will also talk about what options there are to contain the mussel from reaching downwater lakes and river. Comments: LeMair: Stated he has heard how bad the mussels are for the ecosystem and asked what will they do to the fish population. Bintner: Responded that it eats the same food that minnows eat and removes that link in the food chain. Some species of fish may collapse but that is unknown right now. Erickson: Asked if the DNR is providing signage to avoid contamination in other water bodies. Bintner: Replied that the DNR will ramp up educational efforts for cleaning boats and may possibly quar- antine boats. To the extent that boats will be traveling from lake to lake, lakes in the metro area will be at risk. Erickson: Asked about the risk of plugging up pumping systems, traveling downstream, etc. Bintner: Replied that downstream contamination may be inevitable and it may have already happened. Stated that the St. Croix and Mississippi Rivers are already contaminated. 5 City Council Meeting Minutes April 20, 2009 DRAFT Erickson: Asked if the City's pumps will be affected. Binter: Responded that private residents who pump from the lake for irrigation may experience problems, but the City does not pull water from the lake. Noted that the Watershed controls the channel and they will have to be vigilant; and sometimes City outlets are under water and they will have to be watched to remain clear. Millar: Clarified that it is unknown what will happen to the ecosystem. Bintner: Affirmed, adding that the mussels can attach to any surface. Stated that the DNR found one- and two-year growth everywhere they tested. Hedberg: Asked how hard it is to clean mussels off a fouled piece of equipment. Bintner: Replied that they can get inside every crack and crevice and will grow on top of each other if not cleared away. Hedberg: Asked if mussels migrate upstream. Bintner: Replied that happens only through human interaction. Haugen: Asked what preys on zebra mussels. Bintner: Replied that in their natural environment, crayfish and perhaps some carp and bass species would be predators, but mussels do not make up a significant portion of their diet. Haugen: Commented on mussels cleaning up Lake Erie. Bintner: Concurred stating that mussels have the opportunity to make water clear in the early part of infes- tation because of water filtering activity. It is not determined whether that will continue. Noted that the Lake Erie situation included two invasive species playing off each other. Haugen: Commented on infested lakes in St. Paul that have no boat traffic. Bintner: Replied that St. Paul has a man-made system of filtering water from the Mississippi River before it goes into their intake system which allowed for infestation. PUBLIC HEARING Public Hearing to Consider an Application for a Franchise for a Cable Communication System. City Manager Boyles explained that a request for proposal was advertised for a cable communication sys- tem and Integra Telecom was the only entity that responded. Commented that cities can enter into multiple franchise agreements, but agreements must provide generally similar situations for all franchisees. The process requires the Council to wait seven days after a public hearing before acting on the proposal. MOTION BY MILLAR, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:40 p.m. Comments: David Kunde, Senior Vice President of Integra Telecommunications, 4690 Colorado Street, introduced members of the Integra team: Brian Grogan, Mary Korthour, Larry Shephard and Ginny Zeller. Presented an overview of their proposal to provide a cable communication system. Described the plan for providing enhanced video services and stated this service would provide residents a choice of providers for tele- phone, cable and internet service. Ken Blessenbach, 16638 Franklin Avenue Trail, commented that every time there is a storm, there are many channels on cable that go out and sometimes they lose the cable altogether. Asked if Integra will have this problem also or if a viewer will be able to watch without interruptions. Favors having another franchise. MOTION BY LEMAIR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. 6 City Council Meeting Minutes April 20, 2009 DRAFT VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 7:59 p.m. Comments: LeMair: Clarified the areas of Prior Lake that have the option to choose this service. Grogan: Stated that the proposal is to serve the area where Integra has facilities. leMair: Looks forward to another competitor in the marketplace and asked what the service response time is for failure on current telephone services. Kunde: Replied that response is within one business day. LeMair: Commented that customers want a fast response and expressed hope that Integra can continue to meet a 24-hour response time. Grogan: Commented when two companies compete for customers, issues are service, technology, etc. and Integra has to match a 99.9% reliability standard. The system is engineered for redundancy during a service outage so there is less chance for outage. A storm could take a portion of the services down, but that would receive immediate attention from technicians and managers that live in the community and are equally affected by the outage. Hedberg: Asked if transmission of TV goes over the phone line. Kunde: Replied that the signal will travel over a broadband connection and use the existing phone line going to homes which is capable of carrying high-speed connections to deliver the signal. Hedberg: Asked if multiple shows can be transmitted at the same time to multiple TVs in the household. Kunde: Yes, Hedberg: Asked if Integra will be offering video on demand. Kunde: Not at start up, but Integra will reserve right to offer it later. Added that video on demand is migrat- ing to downloadable services. Millar: Likes having a local service connection. Queried how the Internet integrates with television. Kunde: Replied that one of the channels will look like an Internet browser and some Internet sites will be available such as those relating to weather, traffic, etc. Millar: Asked if there will be an email option. Kunde: No. Millar: Asked if movie packages will be offered through the Internet. Kunde: Stated that is possible, but is not part of the proposed initial offering. Erickson: Asked if it will be possible for a customer to get a cable service without getting the Internet. Kunde: Replied that Integra's intention is to only offer a bundled service for cable, Internet and voice. Erickson: Asked how the service how will integrate with television. Kunde: Replied that the customer will receive a three stream set top box and have a remote at each TV. Erickson: Asked if the signal will travel through the wiring of the house rather than wireless. Kunde: Replied that the signal will follow coaxial cable and can use the existing wires. Added that each house situation will be a unique installation situation, but Integra intends to use existing wiring as much as possible. Erickson: Commented that Mediacom contributed $77,000 for the purchase of video equipment to broad- cast. Asked if Integra would also broadcast public meetings through a public channel. Kunde: Affirmed that Integra would provide public, educational and government (PEG) channels. Erickson: Asked if Integra would be donating money to the City for future equipment. Grogan: Stated that Mediacom paid an initial $77,000 to cover a a 15-year term and also pays $ .65 per subscriber per month (PEG fee) in addition to the franchise fee. Integra will match the franchise fee and subscriber fee and expects to prorate a contribution comparable to the $77,000 Mediacom payment. This 7 City Council Meeting Minutes April 20,2009 DRAFT franchise fee would extend only until Mediacom's expires (2014) in order to allow the City to have the op- tion to renew both franchise agreements at the same time. Erickson: Asked City Attorney Pace if that would meet requirements for equal process. Pace: Replied that what Integra is proposing with respect to fees would be calculated and paid differently than Mediacom and, that the details with Intergra have not yet been negotiated, but the goal is for the com- panies to be treated equally. Will want to establish as much parity as possible. Issues would be whether the payment should be spread over a five-year period or paid up front. Mediacom's $77,000 fee paid to the City represented an upfront payment of what fee was calculated over a 15 year period. Grogan: Replied that Integra's proposal is to pay over time and agreed that those issues are not finalized yet. Erickson: Asked if Integra's lines are underground. Kunde: Confirmed that more than 99% are underground. Erickson: Assumes there is more reliability from weather-related problems with underground lines. Grogan: Noted that the signal from the satellite to the receiver will be affected by weather, but not to the degree of Direct TV. Erickson: Suggested that underground should be more reliable from ice, rodents, etc. Asked the City At- torney if there would be any problem with offering only a bundled service. Pace: Believes that will be a consumer issue rather than a service issue. Asked Integra to clarify com- ments on their presentation about providing 80 or more channels at start-up with additional channels to be added. Grogan: Replied that the reference in the proposal to 80 channels will meet or exceed Mediacom services so Integra cannot fall below that. Stated that Integra expects to offer 200 channels, but that will not be the contractual amount. Pace: Stated that she wants customers to know the contract is for 80 channels even though Integra's ap- plication states it will offer 200 channels. Grogan: Replied that in the event that programmers go out of business or other circumstances drop the number of channels to less than 200, Integra would not want to be in breach of contractual obligations. Haugen: Asked what it means to offer programming decisions based on viewing preferences of customers residing in and around Prior Lake. Grogan: Replied that Prior Lake will be the only system served right now and there will be a focus on pro- gramming specific to this community. Haugen: Asked what the plan is for extending to other cities and townships. Grogan: Replied that the Integra territory extends south and east from here. They will begin this service in Prior Lake and move to the southern region of Integra's footprint and then to the east. After the invest- ment is made at the head end, there is no additional cost to Integra to go further. Haugen: Asked how Prior Lake can be assured that its installation will not move off course because of Integra's involvement with other communities. Grogan: Reiterated that there is nothing to construct but the head end - there is no infrastructure out in the field. The customer service is the only thing that will be brought online as the service expands. Haugen: Asked who defines the service area. Grogan: Provided a short history stating that cable TV was originally franchised by local jurisdiction which was able to determine its franchise area. Telephone companies were granted authority by the State Public Utilities Commission and cities do not have jurisdiction over authority for telephone companies. The certifi- cate of authority was granted in 1998 to Scott Rice and Integra is limited to the service area granted at that time. Authority would have to be granted for a company to compete against another company for telephone customers and that financial model doesn't work. This will be the first community in the seven-county me- 8 City Council Meeting Minutes April 20, 2009 DRAFT tro area to have wire line competition. Gave the example of Quest partnering with a satellite company to provide triple-play services rather than going with a wire line. MOTION BY MILLAR, SECONDED BY HEDBERG DIRECT STAFF TO WORK WITH INTEGRA ON DEVELOPMENT OF A FRANCHISE AGREEMENT TO BRING BACK TO THE COUNCIL FOR CONSIDERATION. Pace: Clarified that this motion is not to grant a franchise but to direct staff to work on an ordinance to bring back to the Council. Grogan: Asked for clarification about whether the public hearing had been officially closed. Haugen: Affirmed. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS Consider Approval of a Resolution Approving the Joint Powers Agreement Establishing the High- way 169 Corridor Coalition. Building and Transportation Services Director Kansier explained the purpose of the coalition is to work on issues related to traffic congestion, transit, freight movement, safety, development, etc. for communities along the Hwy 169 corridor. The Joint Powers Agreement adoption is necessary for the City to be a voting member. Comments: Millar: Stated that use of the Hwy 169 corridor is important to many residents and the City needs to be an active participant. Will support. Erickson: Commented that the coalition is composed of cities from Mankato up to Edina due to economic issues. Spoke of the Metropolitan Council meeting last Wednesday where MnDOT did not support the 169/494 exchange project for stimulus monies. Believes cities still have options to try to get focus on this project and this coalition could be a viable opportunity. LeMair: Agreed it is important to have a voice and that Hwy 169 is important to the City. Concerned that in addition to the $1,000 dues, staff time will be required. Asked what Prior Lake will gain by having a vote that cannot be gained by cities with similar interest. Believes the City could communicate its concerns without being a member of the coalition. Hedberg: Believes there will be significant long-range planning for the corridor and Prior Lake should be participating in the effort. Haugen: Stated that transportation is a quality of life issue. Spoke of increasing demographics driving intersection problems along the corridor that stunt the utilization of it by the County. Believes cities should continue to put the pressure on MnDOT and federal non-elected representatives making decisions about the stimulus money. Believes Prior Lake needs to be a voting member of this coalition. LeMair: Reiterated that costs will be greater than the $1,000 for membership referring to statements in the administrative section of the Agreement. Haugen: Agreed and drew a parallel to SCALE where there are joint powers that may come about to achieve goals. Noted that the SCALE transportation committee is supportive of this coalition. LeMair: Does not believe that this coalition or SCALE will have a long-term effect on what happens with Hwy 169. Believes that to paint the picture that to be involved with Scott County long-term, the City has to be involved with this JPA is not correct and that the City can choose where to be involved to have an effect. Haugen: Responded that at the Met Council meeting there were comments that Scott County may be paying the price for non-involvement with the quarter-cent sales tax for transit with the implication being that it doesn't want to work with the rest of the counties. Believes the City cannot pick and choose when 9 City Council Meeting Minutes April 20, 2009 DRAFT we want to be in the game. In order to be part of the transportation solution, the City needs to be part of the coalition. Erickson: Stated that Scott County did not participate in the sales tax because there is no traffic lane des- ignation that allows the money to be used in Scott County. Agreed that 494/169 is main focus right now. Believes if the City is a voting member, we can help to decide what money is spent on. Millar: Agreed the City should belong to the coalition as traffic from Hwy 169 will be coming right into the City on CR 21. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09-059 APPROVING THE US HIGHWAY 169 CORRIDOR COALITION JOINT POWERS AGREEMENT. VOTE: Ayes by Haugen, Erickson, Hedberg, and Millar. LeMair opposed. The motion carried. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09-060 APPOINTING A REPRESENTATIVE ( Councilor Erickson) AND AN ALTERNATE (Building and Transportation Director Kansier) TO THE US HIGHWAY 169 CORRIDOR COALITION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Accepting Scott WMO Grant Funding for Brooksville Hills Phase II Improvement Project (City Project #09-011) and Authorizing Additional Grant Related Expenses. Water Resources Engineer Bintner explained that the City worked with the school to create a bioreten- tion area around an athletic field. Applied to the Scott Water Management Organization for a $30,900 grant. Explained that the elements of receiving the grant include effectiveness monitoring, additional edu- cational signage and a five-year vegetation management contract. Comments: Hedberg: Commented that the bioretention area has been an integral part of Brooksville Phase II im- provement project and the ongoing monitoring costs are offset with educational components and increased stormwater runoff management. Will support and hopes such innovative approaches will be applied to oth- er reconstruction projects in the future. leMair: Will support. Great job. Erickson: Thanked the advisory committee along with staff for supporting the project. Will support. Millar: Asked what makes this project so innovative that grant monies were awarded. Bintner: Replied that the natural clay soils will be loosened with sand material; an underground drain sys- tem will be used, and the educational opportunities afforded by partnering with the school. Haugen: Stated that it fits with the Natural Resources element in the 2030 Vision. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-061 ACCEPTING SCOTT WATER MANAGEMENT ORGANIZATION GRANT FUNDING FOR BROOKSVILLE HILLS PHASE II IMPROVEMENT PROJECT (CITY PROJECT #09-011) AND AUTHORIZING ADDITIONAL GRANT RELATED EXPENSES, VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Authorizing the Negotiated Sale of $1,710,000 General Obliga- tion Improvement Bonds of 2009. Finance Director Erickson explained that this bond issue includes Maple Glen 2nd and Brooksville Hills Phase II projects. Introduced Steve Mattson, Northland Securities. Mattson explained approval of the pro- 10 City Council Meeting Minutes April 20, 2009 DRAFT posed resolution authorizes Northland to sell the bonds. Commented that there has been success negoti- ating bond issues on the last day of the month. Stated that currently interest rates are low and there is strong demand for these bonds. Will work with Moody's to upgrade the rating and will provide information about the bond sale to all of the banks prior to the sale. Comments: LeMair: Will support. Erickson: Asked if there is any disadvantage in not having a fifth Monday of the month for the sale. Mattson: Replied that, in theory, the end of the month works because other cities or schools are not sell- ing bonds at that time. Hopes to sell the bonds on April 29 and 30. Erickson: Asked about an insurance policy connected with the bond rating. Mattson: Replied that this is a short-term bond and insuring it has less value. Stated the City's Moody rating will be enough to get a good rate for a ten-year bond. Millar: Asked if bond sales were approved through special meetings. Mattson: Replied this resolution would allow the sale of bonds at the end of the month. Hedberg: Noted the City can expect to get good rates. Haugen: Asked if there is any chance of the Moody rating moving to Aa2. Mattson: Replied that with the state of finances in general, it will be good to hold the Aa3 rating at the moment. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 09-062 AUTHORIZING THE NEGOTIATED SALE OF $1,710,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS OF 2009, SERIES A. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Implementation of a Community Garden Program. Community Development and Natural Resources Director Parr reported on requests from residents to create a community garden. Following review of several sites, staff proposes using space in Lakefront on the former Kop farmstead site, stating there would be space for two-hundred 10' X 10' garden plots. Plots would be rented through the Park and Recreation Department. Explained start-up costs adding that $5,000 has been requested as a sponsorship from the Prior Lake Rotary Club. Described ongoing annual costs that are expected to be covered by rental fees. Comments: LeMair: Supports the project stating the property is not currently being used and there is a group of citi- zens willing to cultivate it. Provides a social gathering place. Amount of money is small compared to the number of people it will benefit. Hedberg: Agreed this is a way to get started using the Kop farmstead site. Asked about parking location. Albrecht: Replied that the area in front of the existing building will be used as well as a grassy area to the north. Does not anticipate having more than 10 cars at a time. Hedberg: Queried whether the City will want to maintain this land the same as other park land. Albrecht: Responded that the City mows some of the area and additional mowing will be done around the perimeter of the gardens. Hedberg: Asked if the existing naming policy procedures will be used to name the garden. Parr: Agreed it would be. Hedberg: Believes funding for the project will be found from community organizations. 11 City Council Meeting Minutes April 20, 2009 DRAFT Millar: Stated he has been a proponent of this since he has been on the Council. Believes there can be educational value of the gardens. Asked if more than one lot can be rented by a person. Parr: Replied that it was likely, but staff will consider demand. Millar: Asked if there will be restrictions on what can be planted. Parr: Replied that will be determined by the governmental body overseeing the garden. Erickson: Asked if the annual cost of pump replacement was amortized or if it is expected to be replaced every year. Albrecht: Replied it is amortized. This current pump is the one that was with the house. Erickson: Asked if a person would have to be a Prior Lake resident to rent a plot. Parr: Replied that Prior Lake residents could sign up for plots on a first-come, first-served basis. If not all plots were taken by a given date, it would opened up to non-residents at a non-resident fee. Erickson: Asked whether it would be necessary to have a security light. Albrecht: Replied there is a security light and police are aware they may have to drive through the area more often. Gardening hours may close earlier than park hours. Erickson: Asked if fencing will be erected to keep out animals. Parr: Replied that no fence is planned at this time, but when the gardening governing body meets they may decide they want to do something. Haugen: Commented that the Rotary provided an indication of support for sponsoring the garden and hopes that other service organizations will also support it. Believes a community garden ties in well with small-town values. Does not favor the City funding the garden. Would like to see a significant difference in rental fee for a resident vs. a non-resident so the benefits of this go back to the taxpayers of Prior Lake. LeMair: Understands that interested persons are soliciting contributions from organizations that want to participate in this, but he does not want to have strings attached that it must be funded by outside sources in order to have it. Noted that other organizations are not charged for such things as adding gravel to the lot for Lakefront Days, etc. Haugen: Viewed it not as asking for donations, but rather creating sponsorships for the gardens. Agreed that if there are expenses that the City is covering for another causes, then perhaps the expense should not come to the City. Believes residents should recognize that what has been done for Lakefront Days or field maintenance for PLAY, etc. may have to change. What used to be for free may not be for free any more due to changing economic times. Agreed this project should not be encumbered, but the intent should be that it is cost neutral for the City. If costs for this project can be blended with costs for other functions with- out coming back to rest on the shoulders of this project, it should be done. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 09-063 AUTHORIZING IMPLEMENTATION OF A COMMUNITY GARDEN PROGRAM. Hedberg: Offered an amendment to the motion to revise the resolution to add that the Parks Advisory Committee will name the community garden using the City's naming policy and process. The amendment was accepted by Councilors Millar and LeMair. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Accepting the Report and Authorizing Staff to Complete a Fea- sibility Report for the County Road 21 Watermain Replacement Project. 12 City Council Meeting Minutes April 20, 2009 DRAFT Public Works Director Albrecht described the watermain breaks on CR 21 last February and how it im- pacted traffic patterns and neighborhoods. Explained the causes of the breaks and potential repair options. Anticipates bringing a feasibility report to the Council at the second meeting in May. Comments: Hedberg: Believes the City must make long-term investments in the infrastructure. Asked about funding. Albrecht: Explained costs would be paid out of the water and sewer fund. Believes it will not impact rates, but information will be provided to the Council on how this could impact the Capital Improvement Program and rates. Hedberg: Asked if this project is anticipated to be done this year. Albrecht: Replied it would likely be planned for fall to avoid the peak water use times of summer and to achieve lower costs. Hedberg: If the study shows it to be financially feasible, will support doing the project this year. Millar: Understands there is a high likelihood of similar problems as those of the past winter if the repair is not made. Albrecht: Agreed, stating the City felt lucky that the water main could be closed up this winter. It will hap- pen again. Millar: Asked if the street would be torn up for the project. Albrecht: Replied that there are water services from some areas that come directly off this pipe. Would have to develop plans for those residences. Explained there are several options to explore to provide the water service. Tearing up the roadway is disruptive and expensive so would want to avoid that. Millar: Will support. Erickson: Commented that it seems the City will either disrupt CR 21 on our terms or let the watermain disrupt it on its terms. Believes this project needs to be done before Hwy 169 traffic comes through on CR 21. Asked if the feasibility study will look at all four options that were outlined in the agenda report. Albrecht: Affirmed, stating it is prudent to keep all options on the table at this time. Erickson: Asked if there will be additional property easements. Albrecht: Perhaps. If so, would have to start visiting with some property owners to learn their support of this. Erickson: Will support. LeMair: Stated he looks forward to seeing what the feasibility study suggests. Haugen: Suggested that accomplishing this project during this season might allow competitive building. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 09-064 ACCEPTING A REPORT AND AUTHORIZING STAFF TO COMPLETE A FEASIBILITY REPORT FOR THE CR 21 WATERMAIN REPLACEMENT PROJECT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing Staff to Expand the City Software License Agree- ment with Cartegraph Systems, Inc. Public Works Director Albrecht explained how Cartegraph can be a mechanism to increase existing staff's productivity. Stated it will eliminate some duplicative data entry and fragmented data sources and allow for tracking of productivity. Public Works Coordinator Wittkopf provided presentation of the work management and asset database program. Streets and Utilities Supervisor Eldred gave several exam- ples of areas needing tracking that could be fulfilled with this program. Comments: 13 City Council Meeting Minutes April 20, 2009 DRAFT Erickson: Commented that having five licenses means that five people can use it at one time, but many more people than that would actually use the program. Eldred: Confirmed it meant there are five editing accesses. Other people would be able to look at the in- formation, but would not be able to edit information that is being gathered. Albrecht: Stated that other cities using this program recommend it as a good starting size. Erickson: Stated that additional licenses can be added later for a lesser cost. Asked how it will be used by a person in the field. Eldred: Replied that, for example, men in the field call to ask for location of a manhole and with Carte- graph, they would be able to locate that based on GIS. Erickson: Stated the program allows the City to work smarter and better and pays for itself. Will support. LeMair: Will support. Noted this will allow job costing. Believes the documentation will be important, but the data entry will be an unknown cost. People in the field will have to be well-trained to use it. Hedberg: Asked if the different data sets get defined as overlays on GIS. Wittkopf: Replied that there is seamless integration of the programs. Hedberg: Asked how much of the cost was included in the budget. Albrecht: Replied that money is budgeted in 2009 to buy the software and to provide training. Hedberg: Asked why it comes from the water and sewer fund when this is an asset management program for all City assets. Albrecht: Replied that it will start in Public Works so that was the basis for determining it should come from that fund. If its use expands into other departments, they will share with the annual maintenance costs and any additional user costs. Hedberg: Asked when the $3,125 annual cost will begin. Albrecht: Replied that it will begin in 2010 and will be paid out of the IT budget. Hedberg: Clarified that annual support costs will not start until 2010. Albrecht: Affirmed. Hedberg: Agreed that the City assets should be managed aggressively adding that staff is currently doing a good job of managing assets and adding new programs. Stating he feels reluctance over the financial impact, knowing how it is budgeted, but will support it. Millar: Stated he sees cost savings for the City, improved efficiency, better customer service and quicker evaluation of city information with this program. Will support. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-065 AUTHORIZING CITY STAFF TO EXPAND THE CITY SOFTWARE LICENSE AGREEMENT WITH CARTEGRAPH SYSTEMS, INC. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving the Joint Powers Agreement for Membership in the Suburban Transit Association. Building and Transportation Services Kansier provided a history of the Suburban Transit Association (ST A) stating it was created when its members opted out of the metropolitan transit system. Explained the benefits of membership. Comments: LeMair: Asked if the City was a member in the past. Kansier: Replied the City was a member at the time it opted out of the metropolitan transit system eight years ago. LeMair: Asked if the City missed out on anything by not being a member. 14 City Council Meeting Minutes April 20, 2009 DRAFT Kansier: Believes the City missed out on issues that impact its transit system, legislative issues, etc. LeMair: Asked how money for this membership was put in the budget, if the City is not a member. Kansier: Replied that a line item was in the 2008 budget and carried forward. LeMair: Expressed concern about obligations that pull staff out of the City. Erickson: Asked if the City's involvement was with Scott County Transit Board or with the ST A. Kansier: Replied she was invited to attend STAas an unofficial member to see what the organization was about. She attended one of the annual meetings and worked with some technical committees. Stated that the ST A executive board schedules a minimum of two meetings per year and staff meetings are approxi- mately monthly. Erickson: Stated he is not clear if it involves an excess burden of staff time. Stated that the City's in- volvement with Scott County Transit seems to fit well without being a member of this. Commented that he is aware of pressures put on the City that would erode opt-out money. Hedberg: Stated he does not favor membership this year. Noted the ST A may provide some long-term benefit to participate in policy making, but the City has improved transit service to our residents and it is still a small majority of people from Prior Lake who use it. Believes the Hwy 169 corridor coalition is of more priority and it is hard to see a direct benefit of ST A before knowing what will happen with Hwy 169. Millar: Concurred it is hard to see a clear benefit for the City without information on the impact on issues that is made by ST A. Haugen: Asked if staff hours are charged back to the transit budget rather than general operating fund. Kansier: Replied that approximately 90% of her salary is charged back to the transit budget. Haugen: Understands where the time is being expended and charged so has no problem with staff time. Believes there are too many unanswered questions about value of membership and does not support it at this time. MOTION BY HEDBERG, SECONDED BY LEMAIR TO DEFER THE ITEM UNTIL SUCH TIME AS A 2010 GENERAL OPERATING BUDGET IS PREPARED AND CAN CONSIDER THIS A PART OF NEXT YEAR'S WORK PROGRAM. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the Mayor and City manager to Execute the City's Standardized Professional Services Contract to Complete the CR 211 Main Avenue 1 TH 13lntersec- tion Feasibility Study. Public Works Director Albrecht commented on the need to know how to proceed with these intersections to deal with the connectivity of downtown as part of the CR 21 corridor. Need to define a project with de- tailed costs in order to go to the County and MnDot and calculate shared costs. Federal funds will be sought and that also will require the costs to be calculated. If federal funds can be gained there is a possi- bility of moving the project forward. Stated that both SRF and HKGI/BMI submitted proposals and both are qualified. Stated that HKGI/BMI has a greater understanding of the downtown concerns. Comments: Millar: Stated that the feasibility study needs to be completed in order to move on with MnDOT and Scott County. Will support. Erickson: Expressed interest in seeing what is proposed for a pedestrian crossing. Albrecht: Noted that the pedestrian issue needs to be resolved to come to a conclusion. LeMair: Commented it would be good to get this done before CR 21 comes through from Hwy 169. Will support. 15 City Council Meeting Minutes April 20, 2009 DRAFT Hedberg: Agreed it would have been helpful to have had it done earlier. Asked why Block 2 and Block 4 are not noted here as potential areas for redevelopment except for the current Library. Albrecht: Replied this study is focusing on the intersections and the display map is from their proposal. The redevelopment of those areas will be talked about as plans progress. Hedberg: Agreed that including the redevelopment areas will be important. Will support. Haugen: Will support. Believes having a visual impression with some finality to it for the intersections will bring a different aspect to redevelopment plans. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 09-066 AWARDING THE CITY'S STANDARDIZED PROFESSIONAL SERVICES AGREEMENT FOR THE CR 21/ MAIN AVENUE, CR 21 / TH 13 AND TH 13/ PLEASANT STREET INTERSECTIONS FEASIBILITY STUDY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Millar: The St. Michael AprilFest will be held this weekend. LeMair: The new nature area at St. Michael's School opened. The Firemen's dance will be Saturday night. Haugen: DARE Day will be May 2 and the Senior Luncheon on May 4. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by LeMair. With all in favor, the meeting adjourned at 10:59 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 16