Loading...
HomeMy WebLinkAbout05 21 12 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES May 21 , 201 2 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d berg, Keeney and Soukup , City Manager Boyles, City Attor ney Girouard , Finance Director Eri ckson, City Eng i- neer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Natural Resources / Fleet/ Facilities Manager Friedges, Water Resources Engineer Bintner, Community and Economic Development D i- rector Rogness , Assistant Cit y Manager Kansier, Assistant City Manager Meyer , and Administrative Assistant Green. 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 mi nutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or polit i cal agendas. Topics may be addressed at the Public Forum that are on the age nda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Cou n cil, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Co uncil 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 MOTION BY HEDBERG, S ECOND BY KEENEY TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myser, Erickson , Hedberg, Keeney and Soukup . The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, S ECOND BY SOUKUP TO APPROVE THE MINUTES OF THE MAY 7 , 2012 , MEE T- ING AS MODIFIED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of April 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 the Police Department Rep ort G. Consider Approval of the 2012 1st Qtr Financial Report H. Consider Approval of Resolution 12 - 072 Authorizing the Mayor and City Manager to Enter into an Agreement with Scott County for the Operation of the Laker Link Summer Circulator Service I. Consider Approval of Three Resolutions Regarding the Arcadia and CR 21 Street Reconstruction Pr o- ject (City Project #11 - 011): Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com 1. Resolution 12 - 073 Approving Change Order #1 , 2. Resolution 12 - 074 Authorizing the Mayor and City Manager to Amend the Professional S e r- vic es Contract with Braun Intertec, 3. Resolution 12 - 075 Authorizing the Mayor and City Manager to Amend the Professional Se r- vices Contract with WSB and Associates . Councilmember Keeney requested that item 5I , Consider Approval of Three Resolutions Regard ing the Arc a- dia and CR 21 Street Reconstruction Pr o ject (City Project #11 - 011): 1. Resolution 12 - 073 Approving Change Order #1 , 2. Resolution 12 - 074 Authorizing the Mayor and City Manager to Amend the Professional Services Co n- tract with Braun Intertec , 3. Resolu tion 12 - 075 Authorizing the Mayor and City Manager to Amend the Professional Services Co n- tract with WSB and Associates, be removed from the Consent Agenda for discussion. MOTION B Y KEENEY, S ECOND BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MOD I FIED . VOTE : Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Keeney: Commented that part of the cost associated with the change order is related to additional enginee r ing for lighting and the entrance monument easement ; and he believes t hose two parts of the process coul d have been more efficient. MOTION BY SOUKUP, SE COND BY HEDBERG TO A PPROVE ITEM 5I, CONS IDER APPROVAL OF THR EE RESOLUTIONS REGARDIN G THE ARCADIA AND CR 21 STREET RECONSTRUC TION PROJECT (CITY PROJECT #11 - 011): 1. RESOLUT ION 12 - 073 APPROVING CHANGE ORD ER #1 , 2. RESOLUTION 12 - 074 AUTHORIZING THE MAYO R AND CITY MANAGER T O AMEND THE PR O- FESSIONAL SERVICES C O N TRACT WITH BRAUN INT ERTEC, 3. RESOLUTION 12 - 075 AUTHORIZING THE MAYO R AND CITY MANAGER T O AMEND THE PR O- FESSIONAL SERVICES C ON TRACT WITH WSB AND A SSOCIATES, BE REMOVE D FROM THE CONSENT AGENDA FOR D ISCUSSION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Public Works Week Proclamation Public Works Director Gehler spoke of the va riety of responsibilities in the divisions of the Public Works D e- partment and about the projects completed over the past year. Discussed the snow and ice control initiatives noting that liquid control routes have been increased ; the impact of the street s weeping; the addition of more iron sand filters; and the continued integra tion of assets into Cartegraph. Introduced the employees from the Public Works Department in attendance at the meeting and thanked them for their commitment to keeping the systems r unning. Requested that the Mayor proclaim the week of May 20 - 26 as Public Works Week. Comments: Hedberg: Echoed Gehler’s thank you to the Public Works staff . Related that the City’s infrastructure and a s- set s are valued at more than $400 million and the maintenance staff takes care of all of it. Commented on the street sweeping water quality control purpose and how the sweeping keeps residue out of the lake. Keeney: Added that street sweeping is mandated to prevent sediment from going into the lake s and sweeping is the least expensive way to do that. Highlighted the importance of the sewer function s noting that is an unsung service. 2 05 21 2012 City Council Minutes Erickson: C ommented that other people compliment the City and its public works. Believes Prior Lake has d e- veloped processes and personnel that others acquire . Myser: Commented that the public often characterizes government workers as underperforming, but Prior Lake staff does great, innovative work and he has observed the commitment of City employees not only in the da y- time, but also through the night. Thanked them for all they do. Read the proclamation declaring Public Works Week. Lake Clean - up Day Proclamation Water Resources Engineer Bintner spoke about the partnership of the Lakes Advisory Committee and t he Prior Lake Association encouraging Lake Cleanup Da y. A Dive the Lake event is scheduled for June 2. Comments: Hedberg : Commented that this has become an event attended by scuba divers from all around the region. It has been held for seven years. T hanked the Prior Lake Association for spearhea d ing it . Erickson : Added his thanks for those who work behind the scenes including the people who volunteer their boats, refuse contractors, Captain Jack’s, etc. Myser : Concurred and added that he has part icipated as a diver. Read a proclamation declaring June 2 as Lake Cleanup Day . PUBLIC HEARING Public Hearing to Consider Approval of a Resolution Vacating Drainage and Utility Easements Located within Radermachers 1 Addition st Community and Economic D evelopment Director Rogness provided a visual display of the property. McDonald’s will undertake complete reconstruction of its building on the site this summer. Existing drainage and utility easements need to be v a cated and replaced. Comments: Hedber g: A sked if the new development will require utility and drainage anywhere on the property. Rogness: Affirmed , adding that a new plat is submitted and will come to the Council for approval. Displayed where the new Lot 1, Block 1 will be and where the ne w utilities and drainage will be located. MOTION BY HEDBERG, SECOND BY SOUKUP TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing opened at 7:31 p.m. MOTION BY ERICKSON, SE COND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing closed at 7:32 p.m. Comments: Erickson : Commented that the Planning Commission has reviewed and approved t he vacation . Looks forward to having the final plat submitted . Keeney : Commented on roadway right of ways that exist in the area and asked if there will ever be plans to d e- velop those roadways. Rogness : Responded his understanding that there would be n o future intent to do that and the previous right of way was the old H wy 13 alignment. Poppler : Explained the previous roadways and utilities installed therein. Hedberg : Commented on the drainage pond and the surrounding elevation believing it would not be p oss i ble to put a roadway there. 3 05 21 2012 City Council Minutes Soukup : Asked if the second lot is ready to be used as another commercial site considering drainage and util i- ties . Poppler: Replied that upsizing may be required, but p ipes are readily available. MOTION BY KEENEY, SEC OND BY ERICKSON TO APPROVE RESOLUTION 12 - 076 PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN OU T LOT A, RADERMACHERS 1 ADDITION. ST VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSINESS Consider Approval of a Resolution Accepting Bids and Awarding a Contract for Arcadia Avenue Dow n- town Entry Sign (City Project #11 - 001) City Engineer / Inspections Director Poppler described the bids for the entry sign . Displayed the propos ed sign and described the materials to be used. Comments: Soukup : Stated it is exciting to see the project come to fruition. Asked about the status of having additional downtown entry signs. Poppler : Replied that additional signs are not part of th is bid , but may be considered with the Ridgemont/Main Avenue project and possibly at Main/CR 21. Each of those projects would be planned in the Capital Improv e- ment Program. Hedberg : Suggested signage might be considered when working on the south entranc e to announce the e n- trance downtown at key locations. Keeney : This sign w ill be handsome addition to downtown. Erickson : Asked when the sign will be installed. Poppler : Replied that the street p roject is ahead of schedule. The f oundation for the sig n will go in first , but he does not yet have the delivery date for the digital sign. Erickson : Asked if there is a time frame for intersection completion. Poppler : Anticipates the p aved surfaces may be done within a month, weather permitting. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 077 ACCEPTING BIDS AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION CONTRACT FOR THE ARCADIA AVENUE DOWNTOWN ENTRY MONUMENT SIGN. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Review a Report on the Potential for a Joint County / City / Watershed Stormwater Facility as part of the County Road 12 and Sunset Avenue Projects Water Resources Engineer Bi ntner described the proposed project and displayed the project area. Spoke of acquiring right of way and installation of stormwater ponds in potential partnership with Scott County and the Prior Lake Spring Lake Watershed. The Planning Commission has reviewed the project to assure fit with the Comprehensive Plan and learned it would meet several of those goals. It has also been reviewed by the Lakes Advisory Committee and Parks Advisory Committee in regards to water quality impacts , and parks and trail co n- nections. Explained that d irection from Council woul d provide input into the County’s land acquisition plan. Comments: Keeney : Supports the plans and endorsed combining the ponds. Believes it would result in additional higher value land on the north side of CR 21 and good use of the land that has limit ed potential for development . Will support. 4 05 21 2012 City Council Minutes Erickson : Clarified the location and roadways surrounding it. Bint n er : Reviewed the area proposed for use of a f rontage road along a portion of CR 12. Erickson : Queried about the wetland areas. Bintner : Rep lied that under the current plan, the County would acquire property at two locations and build two separate storm water ponds. This concept would allow savings by not having acquisition and g rading in a place that doesn’t fit with the corridor. A concern is to lose opportunity in the 40 acre drainage area to provide trea t- ment, but he believes that when this area develops into single family residential, the opportunity will still exist and there will still be water treatment on those 40 acres. In this pro ject, the wetlands on the east side of CR 12 corridor will have downsized wetlands and the area on the west side of the corridor will capture the drainage from agriculture that is more highly phosph o rus laden. Erickson : Clarified that the north side wil l have more developable lots by doing this. Bintner : Affirmed. Erickson : Will support. Soukup : Commented on Bintner’s upcoming resignation to accept another position and thanked him for his services. Stated this proposal reflects the most efficient use of the land and will su p port it . Hedberg : Stated that Bintner will be missed. Reflected that many innovations with water treatment in Prior Lake have had Bintner’s hand in them. This project is very unique in creating parkland with trails that will fac il i- tate a future tunnel under CR 17. Asked about the drainage way from farmlands into Spring Lake and whet h er this will capture that agricultural runoff. Bintner : Affirmed that the water quality benefit is the greatest benefit of the project. Hedberg : Agricultural runoff is the greatest challenge in reducing phosphorus in Spring Lake. Will support. Myser: Commented on experiences of working with Bintner. Expressed appreciated for work Bintner acco m- plished in his tenure stating he always f ocused on cos t effectiveness and tried to assure best use of taxpayer monies. Thank him for his service. MOTION BY HEDBERG, SECOND BY SOUKUP DIRECTING STAFF TO C ONTINUE TO EXPLORE THIS JOINT STOR M WATER FACILITY AT CR 12 / CR 17 BASED ON THIS CONCEP T PLAN. VOTE: Aye s by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of the 2011 Annual Financial Report and Management Letter Finance Director Erickson thanked the Finance Department staff for its help in working on the annual audit. Commented on the changes from 2010 to 2011 including working with new auditors. Introduced Jim Eich ten of MMKR who provided a Power Point presentation to outline the role of auditor, issuance of management report, findings and areas of correction . Noted that findings from the previous year’s au dit; segregation of duties and preparation of financial statements, have been eliminated. Stated the audit issued a clean opinion on financial stat e ments. Discussed the findings and the corrective actions that h ave been put in place. Noted that financial r e sults indicate adherence to budget. Complimented the accuracy of the information provided to the Council by the Finance D i rector. Comments: Soukup : Thanked staff for its work in conjunction with the audit. Commented on the information brought fo r- ward by MMKR and that the audit reflects the City ’s tax rate is less than the average State - wide. Asked Eich ten to address the importance of that tax rate and how budgeting allows the City to keep the tax rate leve l. Eichten : Responded that when compared to State - wide averages, Prior Lake is below average in tax rates. Other levying entities such as the C oun ty and S chool went up, but they act independently of the City. Noted that the City’s financial decisions a nd use of funds highlights the efforts the City puts into financial planning and keeping the rates low. Soukup: Wanted community taxpayers know that the Council practices due diligence and is dedicated to loo k- ing to their best interests. 5 05 21 2012 City Council Minutes Hedberg : Echoed Soukup’s comments about the quality of the Finance Department staff. Noted that the se g- regation of duties and preparation of financial statement issues were difficult to deal with due to having few pe o- ple on staff , but they have been addressed and a ll ot h er issues have been addressed or will be soon. Co m- mented on the tax rate noting it can be a misleading measure of efficiency as it can be affected by many things such as average value of property, mix of commercial/residential, etc. Stated that the Coun cil b elieves that tracking tax levies and expen ditures per capita is a good measure of efficiency and that kind of information w ill become more prominent in discussion s so tax rate and taxes per household can be balanced. Commented that the General Fund ha s more than is needed and discussions will continue to move to a 45% fund amount as per policy. Co n curred there has been good progress in the quality and transparency of report ing. Keeney : Commented on a new auditing firm giving the City a clean report w ith few procedural changes. Co n- curred that the Council is aware the General Fund balance is higher than desired and has started impl e menting plans to reduce that amount. Asked if there is an upper limit in the General Fund at which point the audit ors wou ld make co m ment. Eichten : Responded that auditors w ould only make comment s in relationship to City’s policy. Erickson : Complimented staff noting that this audit was performed on reporting that uses a financial system from 1984. Commented on tax capaci ty rates and how any given valued home located in different cities would owe a different amount of prope r ty taxes, but generally it is less in Prior Lake. Myser : Asked how the tax rate is calculated. Eichten : Replied it is e xpressed as a percentage of net tax capacity driven by taxable market value. Myser : Noted there are about 1,000 homes on the lake as well as homes on the golf course , which means a significant proportion of the homes within the City are highly valued and that increases capacity an d artificially lowers the rate despite the effectiveness. Concurs that looking at per capita expenditures and considering it from that basis , it still reflects that we are doing a good job. Commented that some of the General Fund r e- serves were used to re duce the levy. Asked Eichten if there is anything being done or not done that should be changed. Eichten : Replied that part of the audit process is to provide recommendations. F rom an overview per spective an audit provides a thorough, in - depth study of c ontrols and it appears that the City is taking it to a new level by i m proving controls, developing new procedures and developing quality staff. Myser: Congratulated Finance Director Erickson on receiving a clean opinion and asked where people could get a copy of the audit . J. Erickson: Replied it will be in the Document Center on the City’s Webpage in the Plans, Reports, Financials folder , under Financial Reports. Noted it is also available as part of the agenda packet for this date . Anyone with qu estions about the audit can contact her. MOTION BY SOUKUP, SECOND BY HEDBERG TO ACCEPT THE 2011 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER AS SUBMITTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Appro val of Resolutions Authorizing Execution of the Following Agreements for the Constru c- tion and Operation of the Marschall Road Transit Station: 1. Construction Cooperative Agreement with Scott County for Design and Construction of the Ma r- schall Road Transit S tation 2. Memorandum of Understanding with the City of Shakopee for Design and Construction Services for Marschall Road Transit Station 3. Joint Powers Agreement for the Operation and Maintenance of the Marschall Road Transit St a- tion Assistant City Manager Kans ier described the property on Hwy 169 / Marschall Road as well as the pr o posed improvements and the anticipated operations and maintenance of the future Marshall Road Transit St a tion. She spoke of the capacities of current park and ride sites and the anti cipated future needs and capac i ties. Spoke of 6 05 21 2012 City Council Minutes County plans to make the site a multiple use site with the park and ride , County transit services and library . Stated c onstruction is planned to begin in fall of 2012 with transit moving into the building in 2013. Described the cooperative construction agreement between Scott County, Prior Lake and Shakopee and associated f i- nan c ing. Described the m emorandum of understanding between Shakopee and Prior Lake to share current and future capital costs on a 60:40 ratio. Described the joint powers agreement to cover the maintenance of the f a- cility with share e x penses and anticipated costs for Prior Lake . Comments: Keeney : Believes this station will likely be the least used by P rior Lake riders and asked what p roportion of the riders are from Prior Lake . Kansier : Replied that Prior Lake is about 30% of the BlueXpress ridership. This site will be able to serve the annexation area. Noted that operations planning for operations and transit service is still under way, but b elieves it will function separately from the other two transit stations. Keeney : Asked if revenues are shared in similar ratio to the capital costs . Kansier : Replied that we are r eimbursed for fares and share in M innesota Vehicle State T ax (M VST) revenues. Noted that all r iders can ride on either a Shakopee or Prior Lake bus. Keeney : Believe s this will be wonderful facility for the region and , in a sense, the City serves as a steward for the transit monies. Will support. Erickson : Believ es it u nfortunate that all the park and ride site s are outside of Prior Lake. Stated that conside r- ing the regional system, he will support even if there is not a lot of direct benefit to residents of P rior L ake . Commented on alter n ate transp o r t ation syst ems. Kansier : Stated that Jefferson Lines offers airport commute services. They have expressed an interest in u s ing the Marschall Road Transit Station for some of their se r vices. Erickson : Seems an advantage to citizen s of Prior Lake to offer services other than just BlueXpress. Clarified that the 91% responsibility for the City’s portion of the maintenance costs refers to the lot. Stated that the 2010 construction costs of the Eagle Creek station we re reduced by grants received by the County; and a major cost reduction was effected when the Shakopee Mdewakanton Sioux Community purchased the land and leased it back to BlueXpress for minimal cost. Thanked SMSC for that contribution. Soukup : Believes a station is needed and that will incur initial s tart - up costs. Likes the idea of making it a pu b- lic us e building by including a library there. Will su p port. Hedberg : Asked about original projections for parking requirements. Kansier : Replied that the Unified Transit Management Plan ( UTMP ) identified need for 1 , 100 space s by 2020 and an additional 400 spaces by 2030. Hedberg : Supported acquiring the site as development is anticipated in the annexation area. Believes this should go forward because of the opportunity presented, but expressed concern a bout creating capacity ahead of need. Also expressed concern about the uncertainty surrounding future transit funding , and asked what pr o- tections the agreements provide the City in the event of a future reduced fun d ing stream . Kansier: Replied the City h as the ability to cancel the agreement if transit services are no longer provided or if the City chooses to join another organization for transit services. Noted that funds expended through the co n- struction agreement cannot be returned. Hedberg : Unders tands the construction funds would be expended, but want s to assure the City has ways out of the other agreements if it gets out of the transit business altogether. Funding from motor vehicle sales tax may be at risk. Myser : Added that tr ansit funding wa s cut and understands there are transit funds being held by the City. Asked what the impact of the funding cuts will have on the City over the next couple of years. Kansier : Replied that the 2011 cuts become effective June 2013. The next legislative se ssion will provide i n- formation on what will happen to those dollars. The transit service has been increased with additional buses and routes, so the reserve is being slowly drawn down. Currently the reserve is at $1.7 million and an amount between $100,0 00 - $200,000 is anticipated to be expended by the end of 2012. Grants have been a p plied for 7 05 21 2012 City Council Minutes to purchase additional buses, but that will not be availa ble until 2014 so it is anticipated that some bu s es will be diverted from Eagle Creek and Southbridge to use at Marschall Road. Myser : Ask what obligations the City has to provide transit services if all funding stopped. Kansier : Replied that the City is an opt - out provider and law requires that a percentage of MVEST dollars comes to us. If legislatio n changes and that revenue source is removed, the City would be obligated to spend down reserves. General levy monies could be used, but that is not an obligation. The City could opt back in and the region would provide services. Keeney : Asked if it is planned to have buses using this site right away and queried whether it makes sense to build the entire parking lot. Kansier: Affirmed it will be desired to have some buses at this site, adding that the operational plans are not complete. Noted that the monies provided through Chapter 152 monies have a time limit to be spent and it is more cost effective to do it all at once. The Scott County Transit and library services will move in as soon as the building is ready. Keeney : Noted there will be 40 - 60 parking stalls used for employees. Concurred it should be done while the grants are viable. Erickson: Expressed concern about reduc ing service from lots that serve Prior Lake and believes the Marschall Road does not serve the City at all. Stated he will not support the agreements if the plan is to activate this site and take buses from the other stations. Hedberg : Agreed that even though the Marschall Road station is being built, he is not sure it should be oper a- tional until there are additional buses to add services. Soukup : Stated it should be built and if it is not operational right away, people will not recognize how it will be useful to them . R e - directing the existing buses would only be for the short term . Boyles : Suggested approval of the p roposed resolutions and suggested directing the staff to not divert buses until advising the Council. Erickson : Stated buses should not be diverted w ithout approval of the Council. Hedberg : Agreed. Myser : Would support that direction. Keeney : Asked i f buses are schedule d jointly with Shakopee . Kansier: Affirmed that Prior Lake schedule s jointly with Shakopee with one provider. Our fleet is co m prised of older, smaller buses which are used for the later, smaller routes while the Shakopee coach buse s are used at times of peak ridership. Keeney : A sked the limitations of ridership, whether it is available seats and bus route capacity or parking stall capacity. Kansier : Replied it is the s eats on the bus. Keeney : Clarified that diverting buses to the Marschall Road site would reduce the number the number of trips to other stations. Kansier : Responded that is not yet known, but currently there are 30 trips daily. Keeney: Concurred he could commit to funding construction, but it seems premature to commit buses to the station at this point. Hedberg : Commented that the three proposed resolutions mirror those being adopted by other entities and suggested there be a fourth resolution to direct staff to not reduce existing sites service, and any propos al to d i- vert service must come to the Council. Erickson : Believes the motion to direct staff should specify BlueXpress service and if buses are diverted from the other locations, it has diluted the se r vice. Myser : Asked if this topic can this be tabled without impacting the project. Kansier : Replied it could be tabled to June 4. Noted that the concept behind operating service jointly is eff i- ciency and if the City wishes to operate independently, those efficiencies will be lost . Keeney : Stated st aff should discuss this with Shakopee and learn whether they have the same issues. 8 05 21 2012 City Council Minutes Hedberg : Recalled that BlueXpress was formed for efficiency to achieve a critical mass of available trips. If that service is split, it may drop below the critical mass th at draws lots of riders. Erickson : Believes Shakopee may want to begin services right away as it is in the heart of their city. Kansier : Clarified that the Council’s concern is that no current service be changed with the opening of this st a- tion. Hedberg : Stated the Council want s to know that transit professional s can assure that this will not make transit services less attractive and lose riders along Eagle Creek / Southbridge line. MOTION BY HEDBERG, SECOND BY KEENEY TO TABLE ANY ACTION ON THE PROPOSED RESOL U- TIONS UNTIL THE JUNE 4 , 2012 MEETING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of Resolutions: 1. Appointing Richard F. Rosow of Gregerson Rosow Johnson & Nilan LTD as City Attorney; and 2. Appo inting Mark J. Girouard of Nilan Johnson Lewis as Labor / Employment Attorney City Attorney Girouard recused himself from the Council dais for discussion and action on the appointments. Assistant City Manager Meyer related that after 17 years of service C ity Attorney Suesan Lea Pace is leaving her position as of June 30, 2012. Discussed the process for soliciting city attorney quotes noting that Savage joined us in that process and some services may be provided in collaboration with them. Described the i nte r- view process and factors considered in recommendations. Stated that Rosow’s availability would effect a change in the Council’s meeting schedule to the second and fourth Monday of each month beginning in July . Stated that legal services will move fro m retainer - based service to hourly se r vice. Comments: Hedberg : Commented this was a l ong and careful process with a creative outcome. Stated that Rosow is an ex perienced municipal attorney and will be a great resource in addition to the potential coll aboration with Sa v- age. Endorse d Girouard ’s continued service as the labor / employment attorney. Soukup : Concurred the a ttorneys are well versed in their area of expertise and will be assets to the City . Will support. Erickson : Questioned the differe nce in the agreements noting that r eimbursable legal expenses for the Gregerson Rosow Johnson Nilan firm are different for different members . Meyer : Replied it refers to the hourly rate in situations where the attorney provides legal services for a develo p- er or instances where the fees are a pass through from the City . Erickson : Questioned the escalation clause in the Nilan Johnson Lewis contract. Meyer : Replied a reason the contracts are difference is that the Gregerson firm did not propose an increase while the Nilan firm did. When the City feels the fee is outside the market, it can be renegotiate d . Noted that the agreement can be terminated at any point by either the City or the law firm. Keeney : Asked if any of the candidates had experience speci fic to tribal law. Meyer : Replied that one firm that represent ing a tribe submitted proposal , but they did not have municipal exp e- rience. Keeney : Affirmed the City has been happy with Girouard ’s services . Asked if Council meetings will be billed hourl y. Meyer : Affirmed. Myser : Support moving forward with both firms. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 078 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT FOR CIVIL LEGAL SRVICES WITH GREGERSON ROSOW JOHNSON & NILAN LTD. AND APPOINTING RICHARD F. ROSOW AS PRIMARY CITY ATTORNEY. 9 05 21 2012 City Council Minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 079 AUTHORIZING THE MAYOR AND CITY MANAG ER TO ENTER I N TO A CONTRACT FOR CIVIL LEGAL SERVICES WITH NILAN JOHNSON LEWOS AND APPOINTING MARK J. GIROUARD AS PRIMARY LABOR AND EMPLOYMENT A T- TORNEY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Authorizing the Purchase of: 1. One Truck / Equipment Hoist 2. One Bituminous Hot Patch Machine Natural Resources / Facilities / Fleet Manager Friedges described the proposed equipment hoist purchase, need and capacity. Described bids received. Comments: Keeney : Asked if this is the heaviest capacity hoist the City will ever need. Friedges : Replied that it is an 80,000 pound hoist , which can lift buses. Keeney : Asked if it was never needed before. Friedges : Replied that what could not be repaired in - house , has been outsource d . As the City grew, the size of equipment had to be increased to remain efficient. Keeney : Asked about upgrading the existing hoist. Friedges : Replied that replacing it is a less expensive approach. Erickson : A ske d if building a pit to work below the vehicles was considered. Friedges : Replied that it was considered but it would be very expensive to reroute the existing shop drains, it would eliminate the use of that bay for any other option, a pit does not lift ve hicles off the floor to remove parts and removing heavy parts would leave them in the pit and would have to be hauled out to work on, and monito r- ing equipment would have to be installed and oxygen pumped into the pit for the safety of workers. Soukup : Ask ed about the safety perspective. Friedges : Replied that h oists are safer giving an example of a gas rupture and ignit ion that could leave an e m- ployee trying to escape a pit. Hedberg : Stated the equipment is needed to service the fleet . Will su p port. MO TION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 080 AUTHORIZING THE PURCHASE OF ONE TRUCK EQUIPMENT LIFT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Friedges talked about the joint purchase of equipment wi th the Shakopee Mdewakanton Sioux Community ( SMSC ) stating that SMSC owns this piece of equipment . They indicate they have no desire to pu r chase a new one and have rarely utilized it . They advised us that any trade - in value can be applied toward the City ’s pu r- chase of replacement equipment . Described proposed purchase and capacities for service. Comments: Hedberg : Asked if this equipment is big enough to mill and overlay a lane. Friedges : Replied it is used for potholes and is used mostly in the wi nter. The equipment can recycle blac k top; or if picking up asphalt mix from offsite, c an keep the mix warm until it is applied. Hedberg : Will support. Soukup : Asked about the recycling function. Friedges : Replied it c an be used for milling or recycling asphalt that is normally hauled to a disposal site. Soukup : Asked if it can be used for street projects. 10 05 21 2012 City Council Minutes Friedges : Stated that o ften millings removed from streets are used for base in the project . So, even though this equipment could recycle milling, it generally is not used that way. Erickson : Queried the capacity of output if using the recycling function. Friedges : Twelve tons would be the maximum that could be laid per day. Erickson : Thanked SMSC for letting us use their equipment and allowing us the trade - in value. Asked if it could be contracted out to other entities for their use since the City does not use it year around. Friedges : Replied the City generally utilizes it from late fall through spring so there would be some capac i ty for other s to use it. SMSC will be allowed to use it. Keeney : Clarified that this will continue the existing agreement. Myser : W ill support. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE RESOLUTION 12 - 081 AUTHORIZING THE PURCHSE OF ONE STEPP FOUR - TON HOT PATC H MACHINE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of an Amendment to Prior Lake City Code Section 605 Relating to Public Nuisances City Manager Boyles suggested deferment of this item to the Jun e 4 meeting. A MOTION WAS MADE BY KEENEY, SECONDED BY SOUKUP TO DEFER THIS ITEM TO THE JUNE 4, 2012 MEETING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Hedberg: June 2 is the Dive the Lake event which is part of Lake Clean - up Day . Suggested that those who want to participate contact the Prior Lake Association. Erickson: Monday is Memorial Day . The parade starts at VFW at 9 a.m. and concludes at Memorial Park where there will be a program. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by H edberg a nd seconded by K eeney . With all in favor, the meeting adjourned at 10:32 p.m. __________________________________ _______________________ _________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 11 05 21 2012 City Council Minutes