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HomeMy WebLinkAbout09 24 12 City Council minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 24 , 201 2 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, Hedberg , Keeney and Soukup , City Manager Boyles, City Attor ney Rosow , Finance Director Erickson, Fire Chief Hartman, City Engineer / Inspections Director Poppler, Project Engineer Thongvanh, Public Works/Natural Resources D i- rector Gehler, Natural Resources / Fleet / Facilities Manager Friedges, Community and Economic Development Director Rog ness , Assistant City Manager Ka n sier 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 minutes in le ngth 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 agenda 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 Council may d iscuss 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 requested that item 9A , Consider Approval of a Resolution Approving a Comprehensive Financial Management Pol i cy Amendment, be removed from the agenda. MOTION BY HEDBERG, S ECOND BY KEENEY T O APPROVE THE AGEND A AS MODIFIED . 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 SEPTEMBER 10 , 2012 , MEETING AS PR E SENTED . VOTE: Ayes by Myser, Erickson, Hedb erg, 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 Treasurers 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 Police Department Report G. Consider Approval of Resolution 12 - 153 Adopting Standard Agreement Templates H. Consider Approval of Resolution 12 - 154 Approving the Economic Development Authority (EDA) Business Plan Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofp riorlake.com I. Consider Approval of Resolution 12 - 155 Approving a Memorandum of Agreement with Envision MN for the EPA Building Blocks Sustainable Communities Technical Ass istance Grant J. Consider Approval of Resolution 12 - 156 Awarding the City's Standardized Professional Services Contract for the Sunset Avenue Improvement Project K. Consider Approval of Resolution 12 - 157 Approving Plans and Specifications and Authorizing Adve r- tisement for Bids for the Replacement and Upgrades of HVAC Equipment at the L i brary / Club Prior L. Consider Approval of Resolution 12 - 158 Amending the Bylaws of the Prior Lake Economic Deve l- opment A u thority with Respect to the Consent Agenda Coun cilmember Hedberg requested that item 5I, Consider Approval of Resolution 12 - 155 Approving a Mem o- randum of Agreement with Envision MN for the EPA Building Blocks Sustainable Communities Technical Assi s- tance Grant , be removed from the Consent Agenda for dis cussion. Councilmember Erickson requested that item 5H , Consider Approval of Resolution 12 - 154 Approving the Economic Development Authority (EDA) Business Plan , be removed from the Consent Agenda for discussion. Mayor Myser requested that item 5G , Consid er Approval of Resolution 12 - 153 Adopting Standard Agreement Templates , be removed from the Consent Agenda for discussion. MOTION B Y KEENEY , S ECOND BY ERICKSON T O APPROVE THE CONSENT AGENDA AS AMENDED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 5I, Consider Approval of Resolution 12 - 155 Approving a Memorandum of Agreement with Envision MN for the EPA Building Blocks Sustainable Communities Technical Assi s tance Grant Hedberg : Asked Kansier for more background about t he grant and a downtown survey . Kansier : Replied that the City applied for assistance in looking at ways to make downtown more vital and su s- tainable and received the E nvision MN tech nical assistance grant. Assistance comes in form of staff assi s tance. A survey has been developed and a workshop will be conducted. Hedberg : Commented on his understanding that the Communications / Technology Advisory Committee is helping to promote the survey. Kansier : Affirmed that a s takeholder/steering committee is de veloped that includes the CTAC as well as the downtown south committee. They help develop the survey. The survey has been conducted at the Farmer’s Market and is also linked through the City’s Website to Survey Monkey. Hedberg: Stated he has taken th e survey and encouraged everyone to participate. Commented that the grant activities are going on during the downtown traffic study. It h elps to get community engagement and i n put about what downtown should become and implic a tions of that. 5H, Consider Approval of Resolution 12 - 154 Approving the Economic Development Authority (EDA) Business Plan Erickson: Stated he cannot vote to approve the EDA business plan as it is currently stated . Believes it e x- presses a goal of spending $35 million to implement community - wide fiber; and that the City intends to go into the phone business to pay back the investment. Hedberg : Commented that the EDA is structured so that the City Council retains control of the expenditures; so the EDA cannot do this project without Council support. Stated that the EDA has serious discussions about how to proceed and concern s about going into competition with triple - play businesses. There is a plan to have discussions with phone and cable providers to learn under what terms they w ould participate in a public/private partnership. Prior Lake is underserved and fiber can be explored for ways to support economic development. Stated he remains troubled by the preferred option presented by the subcommittee which would have the City 2 09 24 2012 City Council Minutes goi ng into competition with triple - play service. Stated the plan highlights EDA targets of job creation and rete n- tion, services for residents and building and broadening tax base and these are the proper o b jectives. Keeney : C ommented that the 2013 budget in the EDA plan has no additional professional services related to fiber study. Hedberg : Affirmed that none are planned at this time. Keeney : Primarily it would be the EDA coming to consensus, having discussions with private businesses and formulating a plan to go forward. Hedberg : Stated the next step, should we procee d, would be the technical walk out which would be a sizable consulting and engineering agreement whi ch would ultimately be a capital cost . Keeney: That would be a decision point. Comm ented that when the levy was approved, $53 , 2 50 was removed from the EDA budget and this document should correspond to that. Myser: Stated that a subcommittee was formed to work with consultants to explore options. The business plan is to look at fiber as an infrastructure investment and to look at options rather than to move it f orward at this point. Approval is not being requested at this time for finalizing a fiber network. Erickson: Believes it shouldn’t be listed as a goal in the business plan. Hedberg: Replied that the t imeline clearly indicates that a decision is not planned until sometime next year. Erickson: Believes the next step would be to see if it is a workable plan ; and if it is, then bonding . Believes the plan sh ould be rewritten to state the goal is to look at alternatives to bring fiber to the City ; and the $35 million statement should be stricken; and, the goal should state that private partners will be sought to implement fiber optics. Myser : Commented that the goal states to fully evaluate options and a ll options should be considered. Erickson : Reiterated his desire to have the goal state that all options would be fully evaluated including par t- nerships. Hedberg : Agreed with the suggested changes. Keeney : Stated he would l ike to add the 2013 budget summary changes . MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 12 - 154 APPROVING THE ECONOMIC DEVELOPMENT AUTHORITY BUSINESS PLAN FOR 2012 AND 2013; AND INCORPORATING THE FOLLOWING CHANGE S INTO SAID BUSINESS PLAN: 1. #1 AT THE TOP OF PAGE 3 RELATED TO BROADBAND AMENDED TO INCLUDE A REFERENCE TO WORKING WITH LOCA L INCUMBENT SERVICE PROVIDERS; IN ADDITI ON, THE REFERENCE TO A $35 MILLION TOT AL PROJECT COST WAS R E MOVED FROM THE BUDGE T LINE ITEM. 2. THE 2013 EDA BUDGET ON PAGE 6 WAS REDUCED TO CORRE SPOND WITH THE CITY COU N- CIL’S RECENTLY APPRO VED PRELIMINARY 2013 LEVY OF $150,000 (TH EREBY ELIMINATING ANY RESERVE AMOUNT). THIS REDUCTION WAS A LSO APPLIED TO THE 2 014+ BUDGET ON PAGE 7. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 5G , Consider Approval of Resolution 12 - 153 Adopting Standard Agreement Templates Myser : Queried the impact that these changes might have on the cost of doing business with the C ity or pote n- tial limitations on service pr o viders. Rosow : Reviewed the proposed changes stat ing that Legislature has changed insurance coverage amounts to $1.5 million and it seems appropriate to move Prior Lake contracts to that level. Individuals or organizations providing service to the City should have enough coverage in the event their error or negligence causes damage to property or an individual in the City. All other changes were arrived at through discussions with other cities, the League of Minnesota Cities (LMC) and the agent who deal s with insurance questions. An endorsement that provides the City as an additional insured becomes a small additional fee. Globally, sometimes the City enters into smaller contracts and those vendors may not carry that much insurance and other agreement can be reached with them. 3 09 24 2012 City Council Minutes Myser : Clarified that t his is becoming the norm. Rosow: Responded that LMC ’s experience is that claims don’t normally come to that amount. Premiums should not be appreciably higher to increase coverage to $1.5 million. MOTION BY ERICKSON , SECOND BY SOUKUP TO APPROVE ITEM 5G, CONSIDER APPROVA L OF RE S- OLUTION 12 - 153 ADOPTING STANDARD AG REEMENT TEMPLATES; A ND ITEM 5I, CONSIDER APPRO V- AL OF RESOLUTION 12 - 155 APPROVING A MEMORAND UM OF AGREEMENT WITH ENVISION MN FOR THE EPA BUILDING B LOCKS SUSTAINABLE CO MMUNITIES TECHNICAL A S SISTANCE GRANT VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Nancy McGill (Recognition of 22 Years of Service) City Manager Boyles introduced Nancy McGill and stat ed that after 22 years of service to the City in the Re c- reation Department, she is retiring. Introduced Angela Barstad, Recreation Coordinator , who spoke of McGill’s customer se rvice skills, love of her job, and assistance she has provided to the departme nt and the community. Mayor Myser presented plaque in appreciation of service . McGill spoke to share department hig h- lights from the past 22 years and recognition of people she has had the opportunity to work with over the years. PUBLIC HEARING Special Assessment Public Hearing for the 2012 Improvement Project #12 - 011, Boudin’s Neighbo r hood Improvements Phase II; Consider a Resolution Adopting the Assessment Roll for the Project City Engineer / Inspections Director Poppler introduced Project Engineer Th ongvanh . Thongvanh r e- viewed the project area. Stated that assessments are planned for $8 , 427 per unit and there are 64 units in this phase. Appraisals show that benefits support the assessment. Finance Director Erickson stated it is a ten - year assessme nt at 3.98% interest rate (2% over bonding rate). Explained methods of payments. Explained the deferred assessment policy and criteria for qualifying to receive it. Thongvanh reviewed the work that has been comple t ed. Comments: Keeney : Asked if anothe r lift of asphalt is scheduled. Thongvanh : Responded that the roadway is given a chance to settle for a year before the final lift is laid. That work should involve three to four days of work to complete. A pond on the corner of Watersedge will be co m- p leted over the winter. Hedberg : Asked what happens when someone qualifies for the deferred assessment policy. J. Erickson: Replied that they will complete an application which is taken to the Council for approval and a d e- termination of how it should be d eferred. The a ssessment would be activated upon the death of the property owner, the sale or transfer of property, the loss of homestead credit on property, failure to file the annual appl i- c a tion, or a determination by the Council that it would not create a hardship to pay the asses s ment. MOTION BY HEDBERG, SECOND BY KEENEY TO OPEN THE PUBLIC HEARING . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing opened at 7:48 p.m. Comments: No person stepped forw ard to speak. MOTION BY ERICKSON, SECOND BY HEDBERG TO CLOSE THE PUBLIC HEARING. 4 09 24 2012 City Council Minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hearing closed at 7:49 p.m. Comments: Soukup : Queried about variance betwee n the estimated and actual assessment amount. Poppler : Replied the estimated assessment was determined from the feasibility report using estimated quant i- ties and prices. When bids were received the actual assessment amount could be determined. Noted that this is the same assessment charged for Bo u din’s Phase I. Soukup : Commented on improved roadways, water and sewer systems stating the project is m ore than just a visual improvement. Will support. Hedberg : Clarified that b ids came in higher than estima ted. Poppler : Affirmed. Stated that assessments were based on prices calculated for both project phases. This spring bids were higher, but the assessment amount was already set. The City could have charged property owners more based on the assessment f ormula, but Cou n cil decided to equalize assessments for both phases . Hedberg : Asked h ow much higher the amount is that is being paid by the general taxpayer. Poppler : Responded that a ll funding sources were increased. The t ax levy was $94,000 higher tha n e x pected , but a change order in July reduced that to approximately $60,000. Hedberg : Stated he s erved on the assessment review committee during this project . Stated it was t he right d e- cision to assess equally to all of the residents in the project area . Commented that p ictures of the project reflect that streets were made narrower and that was partly to save costs , but also to reduce impervious surfaces and improve water quality and to provide a traffic calming effect. Project offers many ben e fits. Keeney : Noted that one of the properties had an added benefit of $56,000. The value of having new streets in the neighborhood is that it makes it look like a new neighborhood and everyone’s property bec omes more val u- able. Happy to see it completed. Erickson : Wanted to highlight that interest rates on assessments have been changed and now are more in line with current rates in the marketplace. Queried about the raingardens . Thongvanh : Replied that overall, the project included six or seven r aingard ens. Myser : Reiterated that the project b enefits outweigh the assessments and it was b id it to make it the least e x- pensive as possible. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 159 ADOPTING ASSES S- MENTS FOR THE 2012 IMPROVEMENT PROJE CT, CITY PROJECT #12 - 011, BOUDIN’S NEIGHBO R HOOD IMPROVEMENTS, PHASE II. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSINESS Consider Approval of Resolutions to: 1) Approve an Agreement with the State of Minnesota for a Natural and Scenic Area Grant to Purchase Additional Property for Pike Lake Park, and 2) Approve a Purchase Agreement with the Trust for Public Land for the Purchase of the Ki n- ney Property City Manager Boyles briefly reviewed the history of Pike Lak e Park property acquisition. Described the prope r- ty currently being considered for acquisition and consolidation. Described funding partnerships. Introduced Bob McGillivray from the Trust for Public Land. Comments: Erickson : Stated he supported the Pi ke Lake Park land acquisition because many improvements have been made to existing property in that Park that make it usable for residents. 5 09 24 2012 City Council Minutes Boyles : Responded that trails and a parking lot have been installed. An e ntry sign is planned. Stated we are w orking with a variety of partners to see how this park and adjacent properties could work together to support the regional trail system. Keeney : Asked what kind of restrictions the Watershed District is asking for in the shoreline easement . McGillivray : Responded that the Watershed easement will allow them to control the outlet channel and mai n- tain that area. Noted that the terms of the a greement will allow the City to have final approval on it s use . Keeney : Asked if the easement will restrict recreati onal use of property. McGillivray : D oes not believe so. Keeney : Asked if the City has any issues with the driveway to the property and if it will be conveyed with the property and is sufficient to allow public access to the prope r ty. Rosow : Replied that tonight’s approval would be for the purchase agreement which will allow examination of t i- tle and the ability to learn that . McG illivray : Stated the easement will be over the same area that the City already has an easement on to the Pavlish property. Ke eney : Commented that if that is only access public has to the property and if there is a distinction between an access for residential use vs. park use , we would want to assure there is no additional cost to provide a c- cess. Believes this will not be the only access we will want to the park. Rosow : Responded that a ccess is a key element to getti ng marketable title to property so that is something that will be looked for . Keeney : Noted that he o riginally supported this action because it is important to the growing City to acquire key, contiguous properties that is , in this case , scenic and next to a lake ; and such property is hard to asse m ble later. Expressed concern ab out cost and that we did not try to fit this purchase into the long - term park plan , but rather funded from reserves. Stated he has m ixed feelings for proceeding forward from the funding side of this even though he think s it is a great piece of property to a c quire for park land. Hedberg : R eiterated that this is an important legacy invest ment for the C ity to make. Stated the long - range v i- sion for the Pike Lake area is to have parkland and trails all the way around the lake. Commented on trails completed, access to propert y, upland vs. water acres. Long - range, the existing buildings must be maintained or demolished. Joint land use and land development opportunities with adjacent property owners exist. B e- lieves the City needs to take smart steps and incorporate future steps into long - range park plans. Soukup : Reflected that the existing facilities should be considered for park preserves, educating youth, nature center or places where information can be gathered and shared. Would like to see partnership s with Three Ri v- ers, SMSC, etc. for this park. Asked about the grant agreement for a 50% match . Kansier : Replied the grant is just for acquisition of property so it only includes a cash contribution. The prope r- ty was a ppraised at $ 41,000 more than the actual purchase and that amount is considered the property owner contrib u tion, which he lps with our match . Soukup : Asked how long the trails are that are already installed. Gehler : Replied there are about three miles of trail. Myser : Asked if the DNR grant contribution is structured in a typical way and whether the City could be at risk. Rosow : Replied the City should not be at risk, and the grant contribution is structure d to satisfy this specific, project - driven i s sue. Myser: Believ e s this to be a decision for the long - term. Thanked the DNR, W atershed, and the Trust for Public Land for making this possible. Approves preserv ing these natural, open spaces. Noted that some of the r e- serves are intended to deal with unknown risks or unknown opportun i ties. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 160 APPROVING A GR ANT AGREEMENT WITH THE STATE OF MINNESOTA FOR A NATURAL AND SCENIC AREA GRANT TO PU R- CHASE ADDITIONALL PROPERTY FOR PIKE LAKE PARK. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. 6 09 24 2012 City Council Minutes MOTION BY SOUKUP, SECOND BY HEDBERG TO APP ROVE RESOLUTION 12 - 161 APPROVING A PU R- CHASE AGREEMENT WITH THE TRUST FOR PUBLIC LAND FOR THE PURCHASE OF THE KINNEY PROPERTY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Resolution Accepting Bids, Awarding a Contract and Authorizing the Exec u tion of the City’s Standardized Construction Contract for the Replacement of a Parking Lot at the Maintenance Center Natural Resources / Fleet / Facilities Manager Friedges described the area of the parking lot to be replaced. Noted that the parking lot is 16 years old , and is used by large maintenance vehicles. Some areas need sub - base materials replaced. Plans and spec ifications for the project were performed by in - house staff. Bids were s olicited and received. Staff recommends Bituminous Roadways. Funding sources were ide n tified. Comments: Hedberg : Stated this is consistent with plans in the facility management plan , and it his understanding that this lot is in bad shape. Asked how long the construction process will take and how vehicles will use the area during construc tion . Friedges : Replied that the p roject should be completed in three to four days. Stated that the Maintenance Ce n- ter has other access points that can be used duri ng the construction. Soukup : Com mented that soil issues are often found during projects and asked if the budget will accommodate any clean - up issues. Friedges : Replied that in - house test boring was conducted and no soil contaminants were found . Thong vanh : Added that the area with poor sub - base that must be replaced is minimal and no further issues are anticipated. Erickson : Affirmed he has viewed that area and replacement is nee d ed. Keeney : Agreed the parking lot needs replaced. Noted there is equi pment on the grass to the east and south and asked if the parking lot should be larger . Friedges : Noted that the grassy area shown on the display will be included in the paving. Pieces parked to the e ast are actually attachments to larger equipment and the gravel base is preferred for that use. Myser : Clarified areas proposed for replacement in 2021 and commented that h eavy equipment goes over that area too. Asked if there is a d ifference in subgrade in that area. Friedges : Stated that lot w as const ructed over better soils. Myser : Asked if the company that paved the lot was not doing something according to spec ification or if the City changed its specifications . Friedges : Replied that the City has implemented more stringent specifications . MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 162 ACCEPTING BIDS, AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF THE CITY’S STANDARDIZED CO N- STRUCTION CONTRACT FOR THE REPLACEMENT OF THE PARKING LOT AT THE MAINTENANCE CE N- TER. VOTE: Ayes by My ser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Erickson : The Autumn Gathering at Lakefront Park will be October 6 from 2 – 4 p.m. Thursday, October 4, 7pm is dance night at Club Prior. Hedberg: The G rand Opening for the Spring Lake Regional Park will be Saturday, Oct ober 13 , beginning at 9 a.m. 7 09 24 2012 City Council Minutes ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Soukup a nd seconded by Erickson. With all in favor, the meeting ad journed at 8:43 p.m. __________________________________ ________________________________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 8 09 24 2012 City Council Minutes