HomeMy WebLinkAbout02 06 12 City Council minutes
4646 Dakota Street SE
Prior Lake, MN 55372
REGULAR CITY COUNCIL MEETING MINUTES
February 6 , 201 2
CALL TO ORDER
The meeting was called to order at 7 :00 p.m. Present were Acting Mayor Erickson, Council members , He d-
berg , Keeney and Soukup , City Manager Boyles, City Attor ney Pace , City Engi neer / In s pections Director
Poppler, Community and Development Director Rogness, Public Works/Natural Resources Director Ge h ler,
Facilities / Fleet / Natural Resources Manager Friedges, Fire Chief Hartman, Assistant City Manager Ka n-
sier, Assistant City Manager Meyer and Administrative Assistant Green. Mayor Myser was a b sent.
PUBLIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council.
The Public Forum will be no longer than 30 minutes in length and each p resenter will have no more than
ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pr i-
vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except
those topics th at have been or are the subject of a scheduled public hearing or public information hearing
before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other
City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum
presentations. Matters that are the subject of pending litigation are not appropriate for the Forum.
Comments:
No person stepped forward to speak.
APPROVAL OF AGENDA
City Manager Boyles request ed that item 10C, Consider Approval of a Resolution Amending the 2012
Economic Development Authority Budget, be removed from the agenda
MOTION BY HEDBERG, S ECOND BY SOUKUP TO APPROVE THE AGEND A AS MODIFIED .
VOTE: Ayes by Erickson , Hedberg , Keeney and Soukup . The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY KEENEY, S ECOND BY HEDBERG TO APPROVE THE MINUTES OF THE JANUARY 17 ,
2012 MEETING AS PR E SENTED.
VOTE: Ayes by Erickson, Hedberg and Keeney. Councilmember Soukup abst ained due to her 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 Resolution 12 - 009 Awarding Bids and Authoriz ing the Mayor and City Ma n ager
to Enter into the City’s Standardized Contract for U pgrading Prior Lake’s Outdoor Emergency Warning
Sirens
C. Consider Approval of a Massage Therapy License for Mary Elizabeth Wolf
D. Consider Approval of Resolution 12 - 010 Appointing a Wellhead Protection Manager
E. Consider Approval of Governmental Bonds Post Issuance Compliance Policies and Procedures
Pho ne 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com
F. C onsider Approval of Resolution 12 - 011 Extending the Deadline for Recording the Final Plat and D e-
velopment Contract fo r the Bluffs of Candy Cove
Councilmember Soukup requested that item 5 F , C onsider Approval of Resolution 12 - 011 Extending the
Deadline for Recording the Final Plat and Development Contract for the Bluffs of Candy Cove, be removed
from the Consent Agenda f or discus sion.
MOTION BY H EDBERG , SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS MO D IFIED .
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
Soukup : Commented that the proposed extension is for 60 days. Considering staff tim e expended and
the experience with the parties involved, suggested setting the extension for 90 days and establish it as a
final e x tension so the project can move forward.
Hedberg : Will support Soukup’s proposal.
Keeney : Asked if the developer would have to make a new application if a final extension expired and i s-
sues are not resolved.
Pace : Y es. Noted that the rational basis for the action and the two parties involved is the reason for gran t-
ing a 90 day extension.
Soukup : Stated that c onflicts have occurred for most of this project and this would allow 90 days for them
to resolve their differences. The City wants the project to move forward and for all parties to feel fairly
represented.
Keeney : Queried whether anything finalizing it prior to 90 days.
Pace : Responded that the development contract and plat is already approved , subject to filing within 60
days of approval. The 60 days is expi r ing.
Erickson : Concurred with comments made. Stated that m uch City staff time has been expended and the
project needs to come to a conclusion. It has been frustrating for the parties involved, and the City needs
to curtail its costs for this project.
MOTION BY SOUKUP , SECONDED BY HEDBERG TO APPROVE RESOLUTION 12 - 011 AUTHORIZING
EXTENSION OF THE DEADLINE F OR RECORDING A FINAL PLAT AND DEVELOPMENT CONTRACT
FOR THE BLUFFS OF CANDY COVER UNTIL MAY 17, 2012 ; AND THIS ACTION WILL BE THE FINAL
EXTENSION GRANTED.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
PRESENTATION
2012 Parks Advisory Committee Annual Report
Kelly Loose, PAC Chair, presented 2012 goals. Facility / Fleet / Natural Resources Manager Friedges
commented on the Pike Lake Park goal stating staff is working on an application for a legacy grant . The
grant is asking f or funding to conduct non - native species removal, planting native species, establishing a
wood chip trail , etc . Staff has also discussed developing a Fishing in the Neighborhood project with DNR
for Pike Lake Park.
Comments:
Soukup : Acknowledged that the PAC a ccomplished many goals last year. Commented that Pike Lake
Park is a natural, passive area of many acres and there may be exciting opportunities to develop a plan to
determine how to use this space.
Hedberg : Added that Park Lake Park is a le gacy opportunity for the City. Recalled that s ignificant grant
money was brought forward to purchase the park and that decision was based on a vision for the future i n-
cluding a trail around the lake and a new roadway with entry to the park made through ad jacent property.
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02 06 2012 City Counc il Minutes
The Council at that time k new the park should be made available to the public , but the e conomy dropped
so no action has been taken until now . Stated there are commitments to the grantor to make the land
available to the public. There ha s been discussion to acquire additional land around the park and part of
the PAC goals is to research such acquisition. Commented that the Ponds Athletic stormwater runoff
project goal is a potentially innovative way to reduce the amount of well water used to maintain the athletic
fields.
Keeney : A sked if there have been discussions beyond hypothesis regarding grant opportunities for land
acquisition and what timeframes might be considered.
Boyles : Responded that staff has had opportunity to talk to th e Trust for Public Land representative who
indicates there are grants out there. The intent is to bring the discussion to a Council work se s sion.
Keeney : Asked if the area proposed for acquisition might become unavailable at some point.
Kansier : Respond ed that the grant deadline is the end of March. Understands the Trust for Public Land
has a purchase agreement on the property through the end of 2012 and that the property owner a p-
proached them about a sale. Commented that there is a second grant oppo rtunity that will deal with the e x-
isting portion of the park , which may give us opportunity to do some improvements and we may hear back
on that as early as April .
Keeney : Stated it would be good to have signage, some parking and a trail. Asked if there are any ideas
for the existing structure at Pike Lake Park.
Friedges : Replied that it is currently secured. Staff wants t o assure there is no degradation to the stru c-
tures until there is a master plan for the overall property that becomes the park .
Kee ney : Asked about the interest in building a BMX park at Spring Lake Park.
Friedges : Replied there are user groups with BMX that approached us over a year ago about whether
there is a place to put a park. Staff has considered existing parks and how well a BMX program would
work within the City. Currently the topic is returned to the BMX organization to see if there is enough su p-
port and funding to sustain it.
Keeney : Commented he has seen BMX parks in other small towns with varying success.
Friedges : Noted that BMX is very organized and seem s to have a circuit of competition. City would have
to establish policies for its use.
Keeney : Asked if there is enough land to do it.
Friedges: Affirmed, stating the BMX only requires one or two acres.
Ericks on : Regarding the Fishing in the Neighborhoods program, m entioned that Crystal Lake has a su c-
cessful FIN pro gram and believes that is a good amenity . Asked if cross country skiing is still be cons i-
dered at Pike Lake Park.
Friedges : Believes the area sho uld be looked at globally . If additional property is acquired to become part
of the park, the use of each existing structure should be considered whether from cross - country skiing,
show shoeing or other uses.
Erickson : Asked if staff has talked to the County about use of Spring Lake Park.
Friedges : Commented that the County has designated some grant money for use in 2012 and short - term
plans are to remove Howard Lake Road, start a trail system and an off - leas h dog park.
Erickson : Asked how parking w ould be handled for BMX groups . Stated he is not sure a BMX park is the
right use for the area.
Friedges : Responded that if Spring Lake Park i s used for athletic fields, there would be an athletic co m-
plex including parking and BMX would have to share that parking.
MOTION BY HEDBERG , SECOND BY SOUKUP TO APPROVE THE P ARKS ADVISORY COMMITTEE
REPORT AND GOALS FOR 2012.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried
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02 06 2012 City Counc il Minutes
Polar Plunge in Prior Lake to Benefit Special Olympics
Assista nt City Manager Meyer announced the February 18 Polar Plunge event to be held at Sand Point
Beach. Introduced Casey Meyer , Special Olympics representative. Casey Meyer thanked the City for
the opportunity to use Sand Point Beach noting that the event has out grown the Ca ptain Jack’s site. He
e xplained the Special Olympics and how funds are used that are raised by this event. Introduced a Special
Olympics at h lete. S he spoke of her participation in Special Olympics and what it means to her.
Comments:
Hedberg : Stated this is a wonderful program and expressed pleasure that the City can help them host the
event.
Keeney : Stated he has participated as a spectator in the past and agreed this event has outgrown the
Captain Jack’s site.
Erickson : Commen ted that Special Olympics was started in 1968 as depicted at the Scott County Histor i-
cal Society.
PUBLIC HEARING
No public hearing was scheduled.
OLD BUSINESS
Consider Approval of a Resolution Providing for the Issuance and Sale of $9,825,000 General Obl i-
gation Capital Improvement Plan Refunding Bonds, Series 2012A
Finance Director Erickson intro duced Steve Mattson of Northland Securities . Stated that the purpose
of this bonding is to re - fund the bonds used for the construction of the police station and city hall. Mattson
re viewed bonding activities up to this point noting that the City’s bonds were the only bonds on the ma r ket
on the day of the sale . Reported that $1.6 million in savings will be realized with this re - bonding resul t ing
in an approx imate annual savings of $95,000 throughout the life of the bond . Moody’s retained the City’s
Aa2 rating.
Comments:
Hedberg : Congratulated staff and Mattson on the plan and acknowledged the complexity of the plan.
Keeney : Queried why the issue debt has an increasing rate over time.
Mattson : Explained the process used to anticipate future growth and have future residents who move into
the area share in the costs of providing the services they are receiving.
Keeney : Queried whether that is something the City could make a policy decision about.
Mattson : Affirmed, noting this is a typical way for municipalities to manage it.
Soukup : Compliments on a good job.
Erickson : This action has been planned to fall within the parameters of bank eligible bonds. C larified that
an average annual savings of $95,000 is anticipated and s uggested that might result in an approximate $10
annual savings per household.
MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 012 ACCEPTING
PROPOSAL ON THE SALE OF $9,82 5,000 GENERAL OLIGATION CAPITAL IMPROVEMENT PLAN R E-
FUNDING BONDS, SERIES 2012A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR
THE PAYMENT THEREOF.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
Mattson: Distributed inform ation on the November bond issue that d emonstrated the effectiveness of
process used for bonding.
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02 06 2012 City Counc il Minutes
Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertis e-
ment for Bids for the Arcadia and CR 21 Project (Project # 11 - 001)
City Engineer / Inspections Director Poppler reviewed the design for the intersection and p rovided an
updated timetable and cost estimate for the project. Bid opening is scheduled for March 14. Construction
start is planned for April and anticipa ted to be complete before August. A grant application has been made
which may contribute to reduce d costs. Noted that parking restrictions are required since it is a state aid
highway and there is no space for par k ing.
Comments:
Keeney : Asked what the changes are compared to previous presentations.
Poppler : Replied that staff has been r efining details and working on streetscaping in the past month.
Keeney : Clarified the plan has no parking lots or similar improvements, but just removes hou s es.
Popple r : Affirmed.
Keeney : Asked if the t urning radius es are sufficient for trucks to get in and out of downtown.
Poppler : Affirmed.
Keeney : Noted the roadway will be further south in area of dance studio and nearby businesses .
Poppler : Stated that righ t of way acquisition was avoided by the t - shirt business .
Keeney : Commented this will make a noticeable difference in the look of the frontage for those busines s-
es and it will look more like a downtown.
Soukup : Asked about the parking restriction requ irement and querie d whether parking was allowed on
CSAH 21 before.
Poppler : Replied it was not allowed, but there was no resolution disallowing it and that is a necessary step
to receive state aid.
Soukup : Questioned the timing of opening bids and award i ng the bid suggesting it may be too tight of a
schedule if re - bidding is required. Asked if any issues are anticipated.
Poppler : Replied that if there is a re - bidding situation, the proposed completion date cannot be met.
Soukup : Asked about the na ture of the grants requested.
Poppler : Replied they are grant s for routes of regional significance.
Kansier : Added that two grants have been applied for – one for Arcadia, another for Main at Hwy 13. Pr e-
ference is being given to 2012 projects and we hope to hear from them by March. Noted the City ca n not let
the bid before learning about the grant.
Hedberg : Asked about the proposed timeline for this project as it relates to letting bids for Boudin’s II.
Poppler : Replied that an informational meeti ng with residents is scheduled next week for the Boudin’s
project. If positive feedback is received, the documents will be finalize d and brought to Council for the
second meeting of March . Bi d ding is anticipated for mid - April.
Hedberg : Believes past suc cess has been in bidding early in the season which provides us competitive
bids and early starts and finishes for projects. Concurs this is a tight schedule for the Arcadia project , but
hopes it can be met.
Erickson : Concurred with Hedberg remarks abou t successful bids. Asked about the gateway monuments.
Poppler : Believe s better pricing can be obtained than those received from a heavy construction contractor
so that aspect will be bid separately.
MOTION BY SOUKUP , SECOND BY HEDBERG TO APPROVE RESOLUT ION 12 - 013 APPROVING THE
PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE A R-
CADIA AND COUNTY ROAD 21 IMPROV E MENT PROJECT #11 - 001.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
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02 06 2012 City Counc il Minutes
MOTION BY SOUKUP , SECON D BY KEENEY TO APPROVE RESOLUT IO N 12 - 014 APPROVING PAR K-
ING RESTRICTIONS ON COUNTY STATE AID HIGHWAY 21 BETWEEN MAIN AVENUE AND DULUTH
AVENUE AND ON ARCADIA AVEN UE FROM COLORADO STREET TO MID - BLOCK BETWEEN CSAH
21 AND DAKOTA STREET (SAP 201 - 020 - 008 AND SAP 201 - 130 - 001).
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution Authorizing Staff to Execute the Master Lease Agreement By
and B e tween the Metropolitan Council and the City of Prior L ake for Public Transit Vehicles
Assistant City Manager Kansier reviewed the bus fleet used by the City . Explained the buses are owned
by the Met ropolitan Council and leased back to the City . This proposed agreement will super s ede existing
agreements. Ex plained that the City has little choice with the agreement, but there is an out - clause if the
City chooses to no longer provide public transit.
Comments:
Soukup : Asked if all six vehicles in the fleet are being used in the winter.
Kansier : Replied tha t the s maller buses are used for recreational programming trips in winter.
Soukup : Asked if the City has some criteria of ridership where we might consider discontinuing se r vice.
Kansier : Replied no policy is established, but the City does track riders hip and budget. If budget dropped
off , the City might consider decreasing service until it bec omes inefficient to offer any se r vice.
Soukup : Stated that as long a s funding is there and ridership stays strong, will support.
Hedberg: Understands there is little choice about entering into the agreement and will support it . Believes
the 30 - day out - clause is important and un derstands that funding sources are somewhat at risk for the opt -
out providers.
Kansier: Stated that in the 2011 legislative session, a bill was passed that froze the current provider ’ s
share of MnVEST receipts at 2011 levels along with a reduction. Legislature made determination of who
would be getting reductions. Prior Lake has a reduction until mid - year 2012. Legislators are workin g on
changes in this session that would restore levels of funding and perhaps increase them.
Hedberg : The cutting of funds is from the motor vehicle sales tax. Those funds were dedicated to hig h-
ways and 40% to transit. Prior Lake residents pay the motor vehicle sales tax and already receive less
than we pay in. Now that is being cut. The City may have to eliminate transit servic es, but will still have to
pay the tax. This is a regular issue of debate and causes confusion in budgeting. Noted there is a lot of r i-
dership on the expressway ; a valuable service for residents is being provided and he would hate to see it
disappear.
Keeney: Attended the MTVA meeting and the process of distribution of motor vehicle sales tax funds was
a main topic of discussi on regarding having the freeze lifted as well as the a llocation mechanism where
having reserves reduced one’s allocation to zero. Cities have reserves to smooth over expenses in tra n sit,
infrastructure or stations. Other legislative initiatives look for a separation of the authority of the Met ropol i-
tan Council as transit provider and as the administrator of the funds. Believes we s hould continue to voice
our objections and nego tiate for a fair situation.
Erickson: Concurred with previous remarks that there is a conflict of interest by having the Metropolitan
Council serve as both the provider and administrator of transit services .
MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUT I ON 12 - 015 AUTHORIZING
STAFF TO EXECUTE THE MASTER LEASE AGR EEMENT BY AND BETWEEN THE METROPOLITAN
COUNCIL AND THE CITY OF PRIOR LAKE FOR PUBLIC TRANSIT VEHICLES.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
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02 06 2012 City Counc il Minutes
Consider Approval of a Resolution Deferring Action on the Draft AVL/SMARTCoM Operating
Agreement with the Metropolitan Council
Assistant City Manager Kansier stated that the City has been requested to enter into agreement with the
Met ropolitan Council for automatic vehicle locating systems on the buses. Concerns about the propose d
agreement were expressed including the inability of the City to participate in the resource selection or to o b-
tain and use data independently . Explained costs associated with the agree ment. Noted that some other
cities have chosen to not participate.
C omments:
Soukup : Supports reasons for deferral.
Keeney : Concurred the City would not want to sign the agreement.
Hedberg : Agreed with deferral.
Erickson : Agreed with deferral and suggested continued conversation with the Met ropolitan Council and
MVTA.
MOTION BY SOUKUP , SECOND BY KEENEY TO APPROVE RESOLUTION 12 - 016 DEFERRING A C-
TION ON THE DRAFT AVL/SMARTCOM OPERATING AGREEMENT WITH THE METROPOLITAN
COUNCIL.
VOTE: Ayes by Erickson, Hedberg, Keeney and Soukup. The motion carried.
OTHER BUSINESS
Commun ity Events
Keeney: Echoed the announcement of the Polar Bear Plunge on February 18.
Erickson: Announced that c aucuses will be held on Tuesday night at the middle schools. SMSC Tribal
Council held its inauguration last week. Announced the newly elected members of the Tribal Council and
offered them congratulations. Offered thanks to outgoing Vice - Chair Glynn Crooks for all of his work with
the City.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made b y Hedberg and
seconded by Soukup. With all in favor, the meeting adjourned at 8:50 p.m.
___ _______________________________ ________________________________
Frank Boyles, City Manager Charlotte Green, Admin. Assistant
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02 06 2012 City Counc il Minutes