HomeMy WebLinkAbout12 20 10 City Council minutes
4646 Dakota Street SE
Prior Lake, MN 55372
REGULAR CITY COUNCIL MEETING MINUTES
December 20 , 2010
CALL TO ORDER
The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Council members Erickson, He d-
berg , Keeney and Millar, City Manager Boyles, Public Works Director Albrecht , Assistan t City Engineer
Poppler, Finance Director Erickson, Building and Transit Services Director Kansier, Community Develo p-
ment and Natural Resources Director Parr, Police Chief O’Rourke, Assistant City Manager Meyer and A d-
ministrative Assi s tant Green.
PUB LIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It
will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to
speak. Items to be considere d on the agenda may be addressed at the Public Forum unless they have
been or will be the subject of a public hearing or public information hearing at the City Council, the Econo m-
ic Development Authority (EDA), the Planning Commission, or any other City Ad visory Committee within
the foreseeable future. Forum items are also restricted to City governmental topics rather than as a pla t-
form for private agendas. Matters that are the subject of pending litigation are not appropriate for the Public
Forum. The Ci ty Council will not take formal action on Public Forum presentations.
City Manager Boyles explained the concept of the P ublic F orum.
Comments:
Dan Bolton , 17269 Green Tree Path, Lakevil le, here on behalf of Jet Black to address the possible prohib i-
ti on of coal tar based sealer products.
Myser : Advised Mr. Bolton that the topic has been a t a public hearing and , therefore , not eligible for co m-
ment at the public forum . Asked him to stay for the agenda item as C ity C ouncilors may have questions to
ask him .
Roger Ferguson , 4500 Lords Street NE, expressed gratitude for the service of Councilmember Millar.
APPROVAL OF AGENDA
Hedberg : Requested removal of item 9D , Consider Approval of an Ordinance Amending Section
1102.1103 of the Prior Lake Zoning Ordin ance, and recommended it be brought to a work session.
Boyles: Requested removal of item 9C, Consider Approval of a Resolution Authorizing Annexation of the
Land Commonly Known as the Svoboda Property since a letter has been received from the Township
whi ch raises questions that need to be addressed before a vote is taken.
Myser: Requested the addition of item 10C, Update on a Clean Water Initiative.
MOTION BY HEDBERG, SECONDED BY ERICKSON T O APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Myser, Erickso n, Hedberg, Keeney and Millar. The motion carried.
Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityo fpriorlake.com
APPROVAL OF MEETING MINUTES
MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE DECEMBER 6, 2010 , MEETING
MINUTES AS PR E SENTED.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motio n 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 November 2010 Treasurer’s Report.
C. Consider Approval of Building Permit Summary Report.
D. Consider Approval of Animal Control Services Report.
E. Consider Approval of Fire Department Report.
F. Consider Approval of Resolution 10 - 119 Electing the Non - waiver of Statutory Municipal Tort Liability Limits
and Declining Excess Liability Insurance C overage.
G. Consider Approval of Resolution 10 - 120 Authorizing Final Payment for CR 21 Watermain Project.
H. Consider Approval of 2011 Cigarette License Renewals.
I. Consider Approval of Ordinance 110 - 08 Requiring Background Checks for Existing Business Regulation.
J. Consider Approval of Resolution 10 - 121 Releasing the Jeffers Foundation Security.
K. Consider Approval of 2011 Massage Therapy License Renewals.
Councilor Keeney requested that items 5A and 5G be removed from the consent agenda for comm ent.
Councilor Hedberg requested that item 5J be removed from the consent agenda for comment.
Mayor Myser requested that item 5I be removed from the consent agenda for comment.
MOTION BY KEENEY, SECONDED BY ERICKSON T O APPROVE THE CONSENT AGENDA AS MO D-
IF IED.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried.
Keeney: Regarding 5A, a sked staff to bring a recommendation about changing the process for approving
invoices ; stating that a review of such a detailed list and ass ociated understanding of the payments by the
Council may not be realistic. Queried whether the process could be changed to be approval of a report r a-
ther than having Council approval as an integral part of the process .
J. Erickson: Replied that payment o f invoices is held until after Council approv al . Stated that depar t ment
heads are responsible for signing off on invoices. Will bring some recommend a tions.
Keeney: Reiterated that he is not sure the Council is serving any effective function in this proc ess.
Hedberg: B elieves Council approval of invoices may be a statutory requirement.
Myser: Suggested there might be an opportunity to improve the process.
W. Erickson: Asked if the City is experiencing any problems with late payment of invoices because of th e
current system.
J. Erickson: Commented that some cities have approval by department heads and report payments to the
Council . Stated it is not required to have this level of detail reported to the Council, and it is not required to
wait for appro val for checks to go out.
Keeney : Regarding 5G, s ought confirmation that all aspects of the CR 21 watermain repair are co m plete.
Albrecht : Replied that all repairs are made and the watermain has been operational for nine months.
Stated there is anoth er year of warranty, but it is appropriate to make final pa y ment at this time .
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Hedberg : Regarding 5J, s tated that he spoke with Dar Fosse of the Jeffers Foundation board who e x-
pressed pleasure with how the entire area has been completed. Fosse thanked Parks and Fleet Superv i-
sor Friedges for his work and cooperation in finishing the project. Thanked the Jeffers Foundation for its
don a tion to the City.
Keeney : Commented that the park is something that will serve the City for a long time. Even though a n a-
ture center could not be constructed as originally planned, the park and amenities turned out great.
Thanked all involved in the project.
Myser : Regarding 5I, a sked what kind of background information might be r e viewed.
O’Rourke : Responded that the S tate has loaned terminals to the Police Department to access data for
official police purpose s . For example, State statute requires that criminal history checks be conducted prior
to hiring a police officer.
Myser : Asked why a criminal history check wou ld be desired for a refuse hauler , for example.
O’Rourke : Replied the check would not be on a particular driver, but rather the owner of the business ,
which is similar to treatment of a liquor license where the person who has t he liquor license is checked , but
not the waitress or the bartender.
Myser : Asked why a refuse hauler would receive a background check and not a not cable company, etc.
O’Rourke : Replied that a cable company is not licensed by the C ity, but a refuse hauler is .
Erickson : Commente d that the Community Safety Advisory Committee recommends background checks
for businesses who hire people who in teract with youth, etc. Queried how such businesses could acco m-
plish a background check if it is not available through the police department.
O’Rourke : Affirmed they would not be able to use the police terminal for that purpose and would have to
use the Bureau of Criminal Appre hension. Noted that there is a free background check service, and a fee
service. The CSAC does recommend that any grou p that works with people do background checks on
prospective employees because of contact with youth; but the C ity cannot require it. The CSAC developed
a brochure for those organization s that walks them through the process and tells them how they can
acc ess that info r mation.
MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE:
A. INVOICES TO BE PAID
G. RESOLUTION 10 - 120 AUTHORIZING FINAL PA YMENT FOR CR 21 WATE RMAIN PROJECT.
I. ORDINANCE 110 - 08 REQUIRING BACKGROUND CHECKS FOR EXISTING BUSINESS REGUL A TIO N.
J. RESOLUTION 10 - 121 RELEASING THE JEFFER S FOUNDATION SECUR I TY.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried.
PRESENTATION
Traffic Safety Advisory Committee Annual Report.
Assistant City Engineer Poppler provide d a report on the activities of the Traffic Safety Advisory Commi t-
tee. Stated that the TSAC met twice this year with approximately 15 items for review each time . A pr i mary
issue was parking at Sand Point Beach. The Committee is c urrently reviewing input received from the pu b-
lic at its last meeting.
Comments :
Keeney : Commented on the time and energy that committee members volunteer to contribute their expe r-
tise to the City and work on issues.
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Erickson : Concurred with Keeney’s comments adding that m uch debate goes into some of the issues and
it is important for citizens to contact the City if they have issues with traffic safety .
Millar: Reiterated that it is important for citizens to contact the City with such things as stop signs, spee d-
ing, cro sswalk or parking issues.
Hedberg: Listed the members currently serving on the TSAC and thanked them for their important work.
Myser: T hanked the Committee for its work.
Presentation to Outgoing Council and Committee Members.
City Manager Boyles c ommented that the last meeting of the year is the City’s opportunity to thank var i-
ous committee members and Council members for their service. Mayor Myser commented that it may be
unique to Prior Lake that there are a number of residents who want to make things better in the City and
work to make the community better in a number of ways. Read a proclamation recognizing volunteers of
advisory committees who could not be present . Presented a certificate to Ron Ceminsky for his service on
the Economic Dev elopment Advisory Committee . Listed other outgoing committee members : Planning
Commissioner Dan Ringstad, Communications/Technology Advisory Committee Hans Jacobsen, Parks
Advisory Committee Dan Ruhme and Community Safety Advisory Committee members Betsy Jader and
Susan Hadley and their contrib u tions.
Mayor Myser commented on the accomplishments of Councilor Millar during his tenure and presented a
plaque to him to express appreciation for his contributions to the City.
Comments:
Hedberg : Stated it has been an honor and privilege to sit next to Millar and serve with him on the Cou n cil.
Millar is w arm, caring, insightful and thoughtfu l; and the citizens of the City have been served well by him.
Stated Millar s hould be proud of his accomplishments.
E rickson : Stated he has known Millar for 25 years. Commented that many know Millar from his profe s-
sional side; but as a fellow Councilmember, he knows Millar considered all aspects of City business with i n-
terest and concern and provided insight on many oc casions.
Keeney : Commented that Prior Lake is a better place because Millar was here and working on citizen’s
behalf. He has moved things in a direction to make it a better p lace .
Millar : T hanked colleagues , family, ca mpaign manager s, former and cur rent colleagues on the Council ,
staff and the p eople and organizations in the City who contribute so much time and talent to make the
community so vital. Stated it has been a privilege to serve on the Council for the past five years.
RECESS
A recess was called at 7:00 p.m.
RECONVENE
Mayor Myser reconvened the meeting at 7:05 p.m.
PUBLIC HEARING
No public hearing was scheduled.
OLD BUSINESS
Consider Approval of a Resolution Adopting 2011 Prior Lake Budgets and Certifying Final 2011 City
of Prior L ake Property Tax Levy to Scott County Department of Taxation.
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Finance Director Erickson responded to the questions and comments posed at the December 6, 2011
public hearing including the data sources used to make her response . Charted the City’s revenues and e x-
penditures per capita and per household from 2004 to 2011 . Described the fund balances and explained
that financial reporting changed around 2003 and funds that used to be described as Retained Earnings
are now referred to as Unrestricted Net Assets .
Comments:
Hedberg : Stated that this base of information can be used as a reference point for future financial repor t-
ing. Commented that the Treasurer ’s Report submitted for this meeting shows the current fund balance s
totaling approximately $20 mil lion and queried the expectation for year end balances.
J . Erickson: Anticipates receiving $ 5.2 m illion in revenues; but approximately $ 3.5 to $ 4 m illion will go to
bond payment s .
Hedberg : Stated that comments were made at the December 6 meeting taking the Council to task for ha v-
ing fund balances at $14 million, which was inaccurate. Noted that the Council holds ongoing discussion to
decide what the appropriate level of fund balances should be.
Millar : Asked what the overall increase for the averag e taxpayer over that period of time was.
J. Erickson: Replied that from 2004 – 2009, the increase was about 18.9% ; and from 2004 to the pr o-
posed 2011 budget is approx imately a 23% increase per household.
W. Erickson: Commented that the proposed budget has had much debate and he believes it to be a cos t -
effective budget. Noted that an additional 300 citizens is anticipated for 2010, which is a 1% increase in
population . Stated the proposed increase in tax levy is less than the increase d growt h .
J. Eric kson: Added that there is also an additional $ 18 million in valu a tion base .
W. Erickson: Commented that revenues have been impacted by the unallotment of homestead credit
funds by the State.
Keeney : Commented that street miles have not increased great ly over that period of time .
Albrecht : Replied that the City has a backlog of 600 lots so the streets are already in place and houses
are being built in those subdivisions.
Keeney : Commented that the police calls remained fairly level and asked about the fluctuation in the nu m-
ber of fire calls.
Boyles : Replied that in the past, the City was called out for all dispatch (medical calls); but now Scott
County dispatches to the City only when it is determined to be appropriate.
Keeney : Asked if the debt p er household going from $98 in 2004 to $195 in 2011 is from new building
projects in 2006.
J. Erickson: Affirmed and stated there was another increase in 2007 for the new fire station.
Keeney : Asked what was used for the CP I adjustment.
J. Erickson: Replied that she used the national CPI on an annual basis which amounted to a cumulative
effect of 26%.
Myser : Commented he likes the development of benchmarks to consider and asked what inflationary
amount was used for 2004 to 2010.
J. Erickson . 15.5% .
Myser : Believes the increase in expenditure of general fund from 2004 – 2011 has been greater than i n-
flation . Commented on the increased acreage in parks and wondered what would be potential future i m-
pact.
Millar : Replied that a big increase in a creage is Pike Lake Park and Jeffers Pond.
Myser : Commented that property tax revenue used to be about 50% of the budget, but now it has nearly
doubled and represents 70% of revenue. Sought clarification of non - tax revenue and what has been d e-
cli n ing.
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J. Erickson : Responded that non - tax revenue includes licenses and permits, intergovernmental, charges
for services, fines and forfeits, interest earnings virtually all of which have been in decline over the past few
years .
Myser : Believes it represents a change in the way fees are being collected to run the City and has an i m-
pact on people’s property taxes.
Finance Director Erickson presented the proposed budget stating it is the same as presented on D e-
cember 6. Overall budget reflects debt services , enterprise funds and general fund. Stated that 98% of
prope r ty owners received some kind of property valuation decrease and the impact on the average valued
home should be slightly less.
Comments:
Keeney : Expressed c oncerned that the City continue at the same level of spending when citizens have
experienced a personal reduction in spending. Proposed that some areas in the budget could be reduced .
Stated that d ebt is increasing and the City is spending against reserves to provide the minimal tax cut t hat
may be realized by some households. Asked about the addition for severance compens a tion .
J. Erickson : Replied it is intended as a funding source for severance as recommended by the C ity’s aud i-
tors .
Keeney : Q uestion ed the need to budget for that at t his time as the City has been able to fund seve r ances
in the past.
J. Erickson : Replied that it reflects the liability to pay any accrued vacation, sick leave or compensatory
time associated with an employee who leaves the C ity. It h as not historically b een included in the budget ,
but there is increased liability for that over time.
Keeney : Suggested that typically when a person leaves , there is a period of time when the position is open
and often funding the severance is paid for out of that amount. E xpressed concern that the Capital I m-
provement Program has not been reviewed in context with the budget as a whole. Does not believe it is
appropriate to increase the fleet at this time. Suggested reducing the parks fuel line item by $8,000 and r e-
ducing t he Council bud g et.
W. Erickson : Stated that the Council and staff have worked long and hard on this budget. Noted that the
City is required to provide services such as police protection and infrastructure. Noted that the City Ma n-
ager has the authority t o make personnel staffing decisions rather than the Council. Believes the City has
liabilities for future severance obligations and should budget for it. Believes the City is doing a better job of
containing costs than the cities around it and the oth e r taxing authorities. Will support the budget as pr e-
sented.
Millar : Commented that it seems staff cuts are always offered first, but the City does not have the luxury of
waiting to fill positions, because staff is too lean now. Recalled that the first budget proposal considered
cutting $350,000 of reserves, but other cuts were found. P arks budgets were reduced in the past and r e-
sulted in complaints about the lack of grass cutting in the parks. Budget reductions would involve cutting
services . Many of the s taff went with no increase in salaries and many employees had a 96 - hour furlough
last year. Not inclined to give up the services or people that the City has. Will support the bud g et.
Hedberg : Recalled that during the Truth in Taxation hearing an analysis was offered of changes during
2004 to 2009 , but 2004 happened to be a decline in expenditures and does not offer an accurate anal y sis .
In the long er term of 2000 - 2009 , the trend line include s the recession and shows that general fund e x-
penditu res have remained flat, while households have increased. D eclines in non - tax revenues occurred
with building permit revenues being the greatest decline along with State unallotments . Property tax rev e-
nues from 2008 – 2011 are flat while the City increase d households by 5% increase and dealt with four to
five percent infla tion. Debt service has increased. Operating expenditures are declining. The number of
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s taff has been reduced eleven percent since 2007. Originally, the Council decided to use $350,000 of r e-
serves in the general fund to buffer the taxpayers , but staff reduced all budget s by $680,000 to dramatica l ly
reduce the use of reserves. Do es not favor cutting more from the proposed budget . Believes the Cou n cil
is in the business of taking care of the City for the long haul and need s to make decisions that last for 50
years. Will support the pr o posed budget.
Myser : Stated that the general property taxes in 2008 of $7.9 million; $8.24 million in 2009; $8.5 million
projected in 2010 shows an inc rease year over year. Reserves are anticipated to be increased to over
$500,000. Believes t his economy has probably impacted 30 - 35% of residents who have less money in this
economy than they did in the past and greater property taxes will take a greater share of the income that
they have. Believes it is inappropriate to ask the residents to come up with more money. Would su p port a
budget that was flat; and could support an inflationary increas e o f 1.1% for personnel. Will vote no on the
proposed budge t .
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 10 - 122 ADOPTING
2011 PRIOR LAKE BUDGETS AND CERTIFYING FINAL 2011 CITY OF PRIOR LAKE PROPERTY TAX
LEVY TO SCOTT COUNTY DEPARTMENT OF TA X ATION.
VOTE: Ayes by Erickson, Hedberg and Millar. Nay s by Myser and Keeney . The motion ca r ried.
Consider Approval of an Ordinance Prohibiting the Use of Coal Tar Based Sealer Products.
Public Works Director Albrecht stated that studies have identified that polycyclic aromatic hydrocarbons
( PAHs ) are harmfu l to fish and potentially to humans. The City has learned that the cost of cleaning storm
water ponds with PAH s is double the amount of cleaning ponds without PAHs . Six Minnesota cities have
enacted restrictions on the use of coal tar based sealers. The State has banned the purchase and use of
such sealers by the State; and has restricted grant funds available for cleanup of contaminated sed i ments.
Cities must adopt ordinance restricting such use in order to be eligible for grant funding of up to $100,0 00.
It is unlikely that a local ban will eliminate PAH migration into water bodies, but it would make the City elig i-
ble for grants to clean up contam i nated soils. The Lakes Advisory Committee held a public hearing on this
draft ordin ance and input at the meeting revealed that d riveway sealer businesses would be negatively i m-
pacted with the passage of the ordinance. Three of 13 City holding ponds have tested positive for PAHs,
but no research has been conducted to determine that the contamination is from coal tar based sealers.
The State may pass ordinance in 2011 that would enact a state - wide ban dealing with undiluted coal tar
based sealers.
Comments:
Erickson : Believes water quality is a big issue in the City and cited statements from the MPCA stu dy i n-
cluding that coal tar based sealers have up to 1000 times more PAH than asphalt based prod ucts. B e lieves
the health of the lake and community will be improved by adopting the ordi n ance.
Keeney : Commented that the City need s to pass ordinance in order to remain eligible for grants . Co n-
curred t here is cause for alarm about PAHs based on the studies. Will support regulation at this time. B e-
lieves the public hearing process through the advisory committee did not allow businesses to speak direc t ly
to th e Coun cil . Asked Mr. Bolton if it will become economically unfeasible for people to seal their asphalt if
the sealant used does not last as long as a product with coal tar .
Bolton : Replied that their primary business concern is with the commercial side stating there is a major
cost to the commercial business owner to maintain large square footage s of asphalt and if the sealer’s pr o-
tection is reduced from five to t w o years, they may choose not to do it. Longevity of the asphalt is i n-
creased with sea ler protection. There is no information show ing the effects to the environment if asphalt is
not protected and, therefore, replaced more often.
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Hedberg : Concurred the City should take action that will allow it to receive grant money. The City will e i-
ther defer cleaning ponds with PAHs or pay a lot more money to clean them . More frequent replacements
of asphalt may have an impact on the environment. Do es not favor modeling something on White Bear
Lake ’s ordinance as the State is trying to sort throu gh research and he w ould like to see State take the
lead.
Millar : Expressed concern about PAHs in the City’s ponds.
Albrecht : Reiterated that it is unknown if it is from coal tar based sealers.
Millar: Believes the local company Jet Black would comply with any ordinance proposed, but they would
not be in a level playing field . An ordinance allowing d iluted coal tar base might be way to go while wai t ing
for the State.
Myser : Asked about the cleaning costs.
Albrecht : Replied that in the 2009 pond cleaning project , there was a 40% increase in pond cleaning cost
for the ponds identified as having PAHs ; and this year th ose costs were doubled so the City c hose not to
remove the sediment from those ponds. O n - site techniques may be learned to deal with removed sed i-
ment . If the sediment is land - filled, it r e mains the City’s liability.
Myser : Asked if the percentage of PAHs from coal tar sealants vs. an y where else can be identified .
Albrecht : Replied that the Pollution Control Agency has not issued a s tatement about that and studies are
evolving.
Myser : Concurred that it seems to be evolving quickly with new information being presented daily.
Albrecht : Responded there are concerns about PAHs in the environment and pressure to learn what the
sources are.
Myser : All seem to agree that there are PAHs all over and it is harmful to the environ ment; and there
s eems to be agreement that there are more PAHs in coal tar based products so there may eventually be a
ban on t ires, motor oil, etc. Believes it is not the time to m ake a proper policy decision. Would support r e-
strictions similar to the League of Minnesota Cities model that meets requirements to remain grant eligible
by restrict ing undiluted use of coal tar based sealers . Support s drafting a let ter to the State to encourage
them to resolve the issue and if the State takes no action i n 2011, it should come back to the Council for
further di s cussion.
Erickson : Suggested some percentage of dilution be identified in the ordinance.
Albrecht : Stated that the industry suggested a 75/25 dilution ratio .
Keeney : Stated a dilution with water should not be allowed. Suggested a sunset clause should be i n-
cluded so the ordinance could be reviewed again in a year. Believes dilution should be defined, but e n-
forcement may be difficult.
Myser : Asked if is there is a timeframe to enact ordinance in order to be eligible for grants.
Albrecht : Believes it is appropriate to wait as granting parameters may be changed if statewide restri c-
tions are passed. Believ es there is time for the City to react before the sealing or granting seasons be gin in
2011 .
Millar : Asked Bolton what a 25% asphalt emulsion is.
Bolton : Replied that it is one alternative to coal - tar based sealers and provides a dilution that will lowe r the
concentration of coal tar that is being applied.
Millar : Asked if a surface will need more product because it is diluted.
Bo lton : Replied the surface w ill absorb only so much and more product would not be used .
Erickson : Suggested the ordinanc e could say the product must be at least 25% asphalt based and then
the applicant can add whatever water they want.
Millar : S upport delaying adoption of any ordinance for the time being.
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Hedberg : F avor s waiting as suggested by Albrecht and bringing bac k in the spring. Supports having staff
prepare a letter to send to the M innesota Pollution Control Agency supporting efforts to further research
and bring forth a recommendation. Need to have a way of dealing with PAHs with confidence.
MOTION BY HEDB ERG, SECONDED BY MILLAR TO DIRECT STA FF TO PREPARE A LE TTER FOR
MAYOR TO SEND TO MPC A ENCOURAGING THEM T O COMPLETE ANY RESEARCH IN AN EXPED I-
TIOUS WAY AND HAVE A CONSISTENT POLICY TH AT CAN BE THE BASIS FOR FUTURE REGUL A-
TION IN PRIOR LAKE; AND ABSENT THAT, T HIS ITEM BE PLACED O N THE AGENDA FOR THE
SECOND MEETING IN MA RCH.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution Approving an Identity Theft Prevention Program.
Finance Dire ctor Erickson reported that the Federal Trade Commission issued regulations requiring i m-
plementation of written identity theft prevention programs by municipal utilities . The program must provide
for identification, detection and response to “red flags” t hat could indicate identity theft.
Comments:
Hedberg : Stated that the operative word is “Federal ” mandate, and the City must move forward to take
necessary steps.
Millar : Concur red .
Erickson : Will support.
Keeney : A sked if there have been any i ncidents of identity theft in our utility billing. Clarified that a nu m ber
of the suggested steps for this program are already in place .
J. Erickson: Replied she is u naware of any incidents. Affirmed that many of the required steps are in
place, adding that the City w ould be subject to penalties if an audit revealed that the City is in violation of
adopting a plan.
MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE RESOLUTION 10 - 123 ADOPTING AN
IDENTITY THEFT PREVENTION PROGRAM.
VOTE: Ayes by Myser, Eri ckson, Hedberg, Keeney and Millar. The motion carried.
Consider Approval of a Resolution Directing the Staff to Prepare a Request for Proposals for Pr e-
qualific a tion of Bidders for an Automated Water Meter Reading System.
Public Works Director Albrech t provide d a history of the City’s evolution from a user reader system to an
automated reading system. Stated that the s ystem installed in 2002 had a non - replaceable battery life of
7 - 12 years so it is anticipated that all units will need to be replaced within the next five years. Described
how the system works. Identified the revenue the Cit y receives from water billing. Explained that the new
systems have a 20 - 30 year battery life expectanc y and the t ransmitters are more powerful so fewer ante n-
na s ites are needed to collect the data. Described the four primary methods used for utility meter reading
and the annualized costs of th ose methods. Discussed the need to develop bid specifications that are not
proprietary and the desire to use a specialist to help to develop the bid. Noted that the r ate study is pr o-
posed to be completed before bids are let.
Comments:
Hedberg : Asked how manufacturers make the new meters last 20 years.
Albrecht : Replied that advances in battery technology make it possib le.
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Hedberg : Asked if h omeowners can subscribe to the ability to monitor the ir own water activity .
Albrecht : Some systems have that capability. Will look into those options.
Hedberg : Supports moving forward and, if feasible, supports including an a lternative for residents to mon i-
tor their consumption.
Millar : Asked if the current systems will begin to fail en masse .
Albrecht : A ffirmed. It is anticipated that the m ajority of failures will begin in approximately two years and
the City will not want to replace th ose meters with outdated technology.
Erickson : A sked if there are examples of water line breaks or leaks in the home.
Albrecht : Affirmed , adding that staff has been able to minimize damage to homes by catching a break ea r-
ly.
Erickson : A sked if meters will last longer with the water treatment facility on line .
Albrecht : Believes the water treatment facility improves the system and there is less ma nganese bui l d up
in the meters.
Erickson : Asked if it is expected that a revenue bond will b e appropriate to pay for the new sy s tem.
Albrecht : Replied that will be a n option. Will plan a base bid with an alternate s and a water revenue bond
is one of the mec hanisms that will be an option.
Keeney : Commented that it seems the existing system is battery - limited.
Albrecht : Replied it is battery and software limited and replacing the batteries would be as costly as ha v-
ing a whole new system.
Keeney : Asked if there is any third party that can just replace the batteries.
Albrecht : Replied that has been researched, but the units cost $100 to replace with a 20 - year ba t tery.
Keeney : Would want consumers to be educated about their own water use , but believes they will not want
to pay for that. Wondered if a print out of use could be included with their bill. Questioned whether meters
can be installed that read multiple utilities.
Albrecht : Believes it is common to have the utilities, such as electric or gas, installed in different places in
the home . Networks are becoming advanced and that quest ion can be asked.
Keeney : S upport s the idea of urging conservation with peak usage data.
Myser : C larified that the 7 - 12 year replacement cost is about $100.
Albrecht : Affirmed, adding that all of the new products cost about that same amount.
Myser: Clarified that the radios are failing and that replaceme nt cost is approximately $100 . Asked when
the bulk of replacements should be taken care of.
Albrecht: By switching to the new network, there will be an overlap of networks and the new networ k will
allow acceleration of replacements during a five - year.
Myser : Asked if a matrix can be brought to the Council showing the options of products, features and fun c-
tionali ty.
Albrecht : Concurred the process could include development of a request for proposals, development of a
list of vendors that provide various levels of features, and then go out for bid.
Keeney : Suggested we might want to seek a separate bid to look at digital billing.
MOTION BY MILLAR, SECONDED BY KEENEY TO APPROVE RESOLUTION 1 0 - 124 DIRECTING
STAFF TO PREPARE A REQUEST FOR PROPOSALS FOR PREQUALIFICATION OF BIDDERS FOR
AN AUTOMATED WATER METER READING SY S TEM.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried.
Update on Clean Water Initiative
Mayor Myser discussed clean water initiatives that are underway including : 1) the organization of a group
called the Scott Clean Water Partnership which includes people from cities, county, townships and wate r-
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sheds who meet to work on water quality in Scott Cou nty. The g roup is working to coordinate efforts to
achieve action quickly. 2) SCALE has added water quality to its legislative agenda. 3) The group is cons i-
dering holding a water “festival ” in the spring with the purpose of education, awareness, cooper ation, etc.
and hopes the City will become involved in the festival. Queried whether the Council believes it appr o priate
for staff to support such an effort.
Comments:
Hedberg : Asked if this group is an advisory committee to the watershed , or how it is sanctioned and who it
is accountable to.
Myser : Replied that participants believe there is a greater chance of success with a collaboration of groups
and, therefore, pulled this partnership together. Stated it is not an officially sanctioned government al
group; but the watershed is statutorily required to have an advisory committee and this group could be the
basis of that committee .
Hedberg : Commented that many of the desired accomplishments are going to want to use public funds.
Myser : Noted th at individuals involved in the partnership are members of SCALE.
Erickson : B elieves the group should be sanctioned by SCALE and organized as such before suppor t ing a
water festiv al . Commented on a clean water program and an organization called Friends of the Mississi p pi
River that put together an assessment to consider award of the “Blue Star . ” The assessment allows for self
evaluation to learn areas where improvements can be made. Read the cities that have already earned the
Blue Star award. Would l ike to give staff direction to complete the su r vey.
Millar: Concurred that for the partnership to be successful, it needs to be sanctioned by some unit. A p-
plauded Myser for his passion on the topic.
OTHER BUSINESS
Community Events
Erickson : Wished all happy holidays. Stated he has received emails regarding snow removal and co m-
mented that there are c hallenges in storing this amount of snow. Supports staff for the work it is doing.
Keeney : E choed sentiments about snow removal. It is challenging and a lot of work. Reminded the
Council that the City Manager performance review is due on Thursday.
Hedberg : Commented that it is Millar’s last meeting and t hanked him for his years of service.
Millar : T hanked the SMSC for all they have done for the community noting they are important par t ners to
the City.
Myser : Offered congratulations to five officers receiving awards. Stated he heard many positive co m-
ments about the Lakefront Holiday Dazzle. Stated the w arming house is open and the ice is in great shape
at Lakefront Park.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Hedberg and
seconded by M illar . With all in favor, the meeting adjourned at 10:30 p.m.
_ ___ _______________________________ ______ _____________________________
Frank Boyles, City Manager Charlotte Green, Administrative Asst.
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