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HomeMy WebLinkAboutDraft 10 28 2013 City Council Minutes O� P ��1P � � v �' 4646 Dakota Street SE Prior Lake, MN 55372 � REGULAR CITY COUNCIL MEETING MINUTES October 28, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Director Poppler, Project Engineer Thongvanh, Public Works / Natural Resources Director Gehler, Economic and Development Director Rogness, Finance Director Erickson, Fire Chief Hartman, Police Chief O'Rourke, Assistant City 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 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City gov- ernmental topics rather than private or political agendas. Topics may be addressed at the Pub- lic 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 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. i Comments: Wes Mader, 3470 Sycamore Trail, expressed his belief that bylaws provide for residents to re- quest items be removed from the consent agenda. Requested that consent agenda items G, H, I, J, K and M be removed from the consent agenda. Rosow: Replied that it is the Council's agenda to control and they can proceed as desired. Hedberg: Stated that Councilmembers will have an opportunity to remove items from the con- sent agenda when that part of the agenda comes up for discussion. Keeney: Asked Mr. Mader what level of information would satisfy his request. Mader: Replied that City business should be considered in a transparent way so residents know why decisions are being made. Keeney: Noted that many of the agenda items have had prior discussion and are being brought to the Council as a conclusion of the discussion. Rosow: Replied that he has reviewed the bylaws and it is stated that consent agenda items can be removed by the Mayor or member of the Council. Jack Haugen, 4824 Adrian Circle SE, stated this process has been in place for 30 years and he believes the audience is not interested in a transparency discussion at this moment, but rather the downtown south roadway item they attended the meeting to hear. APPROVAL OF AGENDA MOTION BY MCGUIRE TO APPROVE THE AGENDA AS PRESENTED. Keeney: Requested that the consent agenda be moved to the end of the meeting. McGuire: Expressed concern that people are waiting for a decision on their consent agenda topic and they would then have to wait several hours for it to be addressed. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Keeney: Suggested that items removed from the consent agenda be moved to the end of the agenda. McGuire: Accepted that as an amendment to the motion. MOTION BY MCGUIRE, SECOND BY SOUKUP TO APPROVE THE AGENDA AS MODIFIED; AND TO PLACE ANY ITEMS REMOVED FROM THE CONSENT AGENDA TO THE REGU- LAR AGENDA AT THE END OF THE MEETING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE OCTO- BER 7, 2013 CITY COUNCIL MEETING AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton 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 13-149 Authorizing the City Manager to Execute the City's Standard Professional Agreement with Hoisington, Koegler Group, Inc. for the Com- pletion of the Trail and Sidewalk Study H. Consider Approval of Resolution 13-150 Authorizing Construction of a Lakefront Park Storage Building I. Consider Approval of Resolution 13-151 Authorizing the City Manager to Execute the City's Standard Professional Agreement with Hoisington, Koegler Group, Inc. for the Com- pletion of the Park Dedication Fee Evaluation and Update J. Consider Approval of Resolution 13-152 Authorizing a Contract for Electronic Statements and Payment Options for Utility Bills K. Consider Approval of a Resolution Approving the Transfer of Local Board of Appeals and Equalization Powers to Scott County L. Consider Approval of Resolution 13-153 Accepting Donations and Grants to the City dur- ing the Third Quarter of 2013 M. Consider Approval of Resolution 13-154 Approving a Certificate of Correction to the Plat of Eagle Creek Estates and Authorizing the Mayor and City Manager to Execute Such Document N. Consider Approval of Resolutions Appointing Persons to Serve on Advisory Committees Soukup requested removal of consent agenda item 5J for discussion. Morton requested removal of consent agenda items 5G, 5H, 51, 5K, and 5N in response to Mader's comments. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AB- SENT ITEMS REMOVED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Hedberg: Stated that the six items removed from the consent agenda would be moved to the end of the meeting. DRAFT 10 28 13 City Council Meeting Minutes 2 PRESENTATIONS Badge Presentation and Oath of Office Ceremony to New Firefighters Fire Chief Hartman reviewed the training that firefighters have received. Introduced firefighters Pete Duffy, Chris James, Dan Schlick and Kurt Sowieja. Mayor Hedberg administered the oath of office for each. Introduction and Oath of Office for Officer Bryce Schuenke Police Chief O'Rourke introduced Officer Schuenke and cited his qualifications and experi- ence. Mayor Hedberg administered the oath of office. RECESS Mayor Hedberg called a recess at 7:30 p.m. RECONVENE The meeting was reconvened at 7:34 p.m. PUBLIC HEARINGS Special Assessment Public Hearing for the 2013 Unpaid Special Charges and Consider Approval of a Resolution Adopting the Assessment Roll for the Unpaid Special Charges Finance Director Erickson explained that this process occurs annually in order to assess charges that remain unpaid for such things as utility bills, false alarms, snow removal, etc. MOTION BY MCGUIRE, SECOND BY SOUKUP TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 7:37 p.m. Comments: No person stepped forward to speak. MOTION BY KEENEY, SECOND BY MORTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing closed at 7:38 p.m. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-155 ADOPT- ING ASSESSMENTS FOR THE 2013 UNPAID SPECIAL CHARGES. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Conduct a Public Informational Meeting to Consider Approval of a Resolution Approving a Roadway Alignment for South Downtown Mayor Hedberg commented that the City has been working on this project since 2005. Stated he has heard comments that Prior Lake is not growing and the downtown is dying. Believes that is not true. Council has been pursuing this project because the City has a thriving down- town and South Lake Village. There are 80 businesses that employ 400 people in downtown. Deeply proud of the community due to the entrepreneurs, business owners and operators who decided to take a chance on Prior Lake and have experienced success. Also proud of the Prior Lake residents who patronize those businesses. Cited some of the businesses that have built or grown in the past decade. Councilor Keeney concurred the Council has worked hard on this and there is no simple an- swer or perfect solution. While trying to remain respectful of the different interests and aspects, DRAFT 10 28 13 City Council Meeting Minutes 3 there has been genuine effort to move forward in the best direction. Thanked everyone who has been involved and worked to make Prior Lake a better place. City Manager Boyles provided context for the upcoming discussion by stating that the question being considered is whether there should be a roadway connecting from Franklin / TH 13 to Ar- cadia which would then be included in the City's Comprehensive Plan document. Stated that a model of road alignment does not have to be selected at this time nor do issues about cost, construction and funding, etc. need to be decided. City Engineer / Inspections Director Poppler commented on continued growth noting that over the past three years 400 new dwelling units have been constructed with many along the TH 13 corridor. Displayed video of current traffic experiences at the CR 21/Main and TH 13/Duluth intersections stating that growth will exacerbate the intersection problems. Stated that deciding upon a plan for the downtown traffic will allow for planning future signal changes and growth. Reviewed the studies and actions taken up to this point. Bryan Nemeth, traffic specialist with Bolton and Menk, discussed intersection functional areas and how compliance with standards reduces accidents and increases safety. Outlined the supporting roadway net- work and explained why there is an anticipated issue with traffic. Discussed impacts of remain- ing with just the Baseline option as well as possible accesses at Duluth, Pleasant and TH 13. Community and Economic Development Director Rogness talked about the transitional town center, linkages between downtown and South Lake Village and development opportuni- ties. Reviewed the recommendations of the Economic Development Authority. Poppler re- viewed how and when a roadway could be built stating that development or redevelopment will drive most of the portions of such a roadway. Cited benefits of approval of a final concept. Stated that Mitch Rasmussen of Scott County Engineering is in attendance. McGuire: Asked if the area east of Duluth and south of CR 21 is already guided to be commer- cial. Rogness: Correct. Keeney: Commented that the transitional town center zoning was developed because there was not a specific schedule for redevelopment, and it was a long-term guide for the future. Asked if high density homes could be put there whether it is zoned residential or transitional downtown. Rogness: Affirmed. Keeney: Asked if the vehicle stacking on Arcadia is anticipated to be worse when Main is closed; or if it is anticipated to be worse than what is currently experienced on Main. Nemeth: Replied it should be a little better because there will be a light on Arcadia and the Ar- cadia intersection is a farther from TH 13. MOTION BY MCGUIRE, SECOND BY KEENEY TO OPEN THE PUBLIC INFORMATION MEETING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public hearing opened at 8:35 p.m. Comments: Mitch Rasmussen, Scott County Engineering, applauded the City's efforts in planning for and in the future building a support road system. Noted that when there is no transportation system that works perFectly together, traffic finds a way to a single point. When roadways are connect- ed it gives the public a way to disperse and find options. Otherwise, traffic finds a way and that leads to people taking chances, cutting through areas that were not intended to handle the traf- fic or avoiding an area altogether. Currently, the City is dealing with trying to retrofit roads into DRAFT 10 28 13 City Council Meeting Minutes 4 areas with buildings, homes and wetlands. Commented on the CR 21 signal and how it contrib- utes to congestion. Dave Chromy, 16295 Suel Circle, commented that road decisions have been difficult for many years. Reviewed history of roadways that were created over a period of years. Developers want to take a chance on Prior Lake, but they need to know what the plan is going to be. Lyamen McPherson, 16282 West Avenue, commented that some traffic comes through Prior Lake on CR 21 because it is the through street from east to west. Considering the larger picture would include CR 12 or CR 68. Asked if this is being done as roadway correction or as econom- ic development. John Diers, 4601 Pleasant Street, expressed opposition to the Arcadia extension stating it will destroy his neighborhood, cost money and endanger the wetland. Believes the plans have no consideration for pedestrians or residents. Michael Reichhow, 15249 Fairbanks Trail, concerned about the decision about the median on CR 21 and Main and believes that will affect the incomes of people. Stated traffic has actually decreased on CR 21 by 6%. John Siskoff, 15991 Sunfish Trail, stated he has participated in three of the studies and the questions are always where is the money coming from and who are the players. Suggested the plans consider right turns on TH 13 and CR 21 and right turns on Duluth and see how that would fare. Dan Borchardt, Jr., 18351 Country Squires Circle, stated his family has had a business on Main Avenue for over 40 years. Commented that traffic projections have not yet met those identified 20 years ago. Opposes a median on Main and CR 21. Believes people can learn to deal with the traffic. Queried about the switch of authority over TH 13 with CR 17, commenting that if TH 13 switches to County authority we would not have to deal with MnDOT. AI Imholte, 16281 Main Avenue (Ace Hardware), opposes the median. Believes the intersec- tion is only a problem from 7-9 a.m. and 4:30 — 6 p.m. and suggested having arms to shut down Main Avenue during those periods of time. Would like to see the changes done at one time so businesses are affected for a shorter period of construction time. Chris Dunbar, 16773 Anna Trail, commented that proposed plans do not identify a way for her to have access and egress for her home. Patrick Heaney, 4642 Pleasant Street, stated he is proud of Prior Lake and the neighborhood and there is much heritage in the neighborhood. Believes that decisions made several years ago may not pertain now. Referred to limitations in the amount of money that can be invested in a home. Commented on right turn lanes and whether they are always a good solution. Ques- tioned comparisons of the different proposals and the costs associated with them. Believes there may be other alternatives. Judy Fox, 16300 Duluth Avenue, expressed frustration stating there is already traffic along CR 21 and she fails to see why moving the traffic to Duluth is going to help. Need to deal with CR 21. Feels the proposal is a sleight of hand to destroy the neighborhood because the City doesn't want to condemn it. Wes Mader, 3470 Sycamore Trail, stated that comments have been made that roadway chang- es might be made many years in the future and believes it is time to stop the uncertainty for the neighborhood. Believes the Diggers property can be developed without a roadway change. Josh Johnson, 4527 Pleasant Street, stated he likes the community here and questioned the value to be considered, whether it is growth, traffic flow, family culture, etc. Ron Wolfram, 4612 Pleasant Street, provided a history of neighborhood and stated the herit- age of the town should not be destroyed. Stated residents were never informed that the area was zoned transition town center, but rather believed it was zoned residential. Chad Rittenour, 4214 Grainwood Circle, stated the Minnesota constitution, Article 1, Section 15, states that all land in Minnesota is allodial and the City doesn't have the right to take the land from the people. DRAFT 10 28 13 City Council Meeting Minutes S Della Klingberg, 16154 Main Ave, stated that residents do not want this change. Believes that if semaphores would work together there would not be a traffic problem. Michael Dolney, 17176 Johanna Drive, stated that his daughter lives on Pleasant Street and he is speaking for her. Stated this is not about roads and traffic, but rather about development. Believes the City is in the land development business. Dawn Schulberg, 4616 Colorado, stated she has been involved in committees planning for the area. Stated the Dance Academy was built in 2007 and she has concerns about the changes in the roadways and increased traffic on Colorado. Commented on the lack of accessibility from the south and people have to go to Main and Colorado to get to the south downtown businesses so a 3 /e access on Pleasant should be considered. Encouraged the Council to look at all ac- cesses. Believes that closing Main Avenue will decrease the ability of customers to go from south to north downtown. Tom Evenson, Gonyea Land Company, stated his client owns the Digger's site and has been involved with the site since last October. Stated that the Digger site will be sold and used for something other than the business that is there now. They have been waiting for the City to ap- prove a road plan for nearly a year. Plan 6 seems to make the most sense. The current party interested in purchasing the site is willing to dedicate land for the roadway. Commented that all cities need to have a road plan. Right now, buyers don't know what the City wants for a plan. Rod Ammerman, email, stated that Concept 6 modified makes the most sense because it pro- vides an efficient alternate flow of traffic to Franklin Trail, there is potential for business growth along the new route, it has the least impact on current residents. Added that traffic at Franklin and Park Nicollet would need additional planning. Understands that business development typ- ically shoulders the cost of this type of enhancement and nullifies the tax burden. Believes Prior Lake needs a stronger business community. Encouraged Council to make the right decision for the "many" while being respectFul of the "few." MOTION BY MCGUIRE, SECOND BY SOUKUP TO CLOSE THE PUBLIC INFORMATION MEETING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried and the public information meeting closed at 9:41 p.m. Hedberg: In response to questions posed at the public information meeting, asked staff to re- spond beginning with whether this is being done to correct the roadways or for economic devel- opment. Poppler: Replied that the origination of the study was to look at traffic movements. Hedberg: Stated that many of the comments had to do with cost and that the roadways devel- oped would be done as with other roadways, which is normally the responsibility of the develop- er with the exception of oversizing fees, etc. No one has proposed that the taxpayer should pay for it. TonighYs action is not to determine the final design, construction or the funding. Asked Poppler and Rasmussen to comment on concerns about a median to block Main. Poppler: Displayed a graphic portraying the 2005 solution which was chosen by MnDOT, Scott County and the City. Noted that money has already been invested in the Arcadia intersection and other portions of the CR 21 based on decisions for this solution. Rasmussen: Added that there was a public involvement process undertaken in 2005 and due diligence was done. A decision was adopted at that time. Projections are made to be the basis of discussion at the time. Believes there will be traffic growth even if it is not as robust as was projected in 2005. We do not build for today's traffic, we build for the projected future. Without closing the Main Avenue crossover, the needed changes cannot be made to CR 21 / TH 13. Rasmussen: Regarding the switch of authority on TH 13 to the County, MnDOT has nearly completed its jurisdictional study for the State. They are developing a master plan for highways that function primarily as county roadways. County representatives are invited to comment on DRAFT 10 28 13 City Council Meeting Minutes 6 the plan. It is not yet adopted. The State would turn roadways over to counties with funding to reconstruct the road to acceptable conditions. It will take many years to make the transfers. Poppler: Regarding the homeowners access and egress issues on Anna Trail — agreed that some of the issues on Duluth are the close access. Spoke of options that include emergency vehicle access, or keeping it open with a median so that vehicles turning onto Anna are not blocking the intersection. Hedberg: Reiterated that a particular alignment is not being considered with tonight's action, but rather whether a roadway for the area should be included in the Comprehensive Plan and Capital Improvement Plan. A big impact is the Anna Trail neighborhood. Figuring out solutions will be done as the project progresses. Rogness: Regarding the 50% limitation on improvements, cited that the permitted uses include bringing existing structures into compliance with the building code costing no greater than 50% of the current structure market value. Noted that restriction applies only to the transitional town center. Hedberg: Commented on his own experience with consideration of remodeling a home. Asked if that is a policy or ordinance. McGuire: Commented that it applies to non-conforming use. Most cities have similar ordinanc- es. Keeney: Stated he was involved in the rezoning to transitional town center process and recalls that residents believe their homes remain a conforming use. Suggested the zoning ordinance be reviewed for clarity on that issue. Rogness: Cited from the Comprehensive Plan for transitional town center —"zoning within these areas will not render these uses nonconforming." Believes the 50% of current structure market value rule applies to additions to existing structures. Hedberg: Concurred it should be clarified. Commented on the concerns about funding if mon- ey is not forthcoming from the State and County by stating that whenever and however this happens, little of it should fall back on taxpayers. When a developer wants a street through their property, they have to pay for the street. Keeney: Commented on the concerns about developers forcing residents out of the area stat- ing he believes this process falls into that category. A decision had been made that the Base- line is the plan of record, which is a substantial investment based on the premise of improve- ments at TH 13 / CR 21. We are not clear when it will happen or who will pay for it. The pro- cess started as a downtown circulation study, but the study was expanded by a developer pro- posal for the Digger property. McGuire: Believes the portion from CR 21 to Colorado is for a traffic solution. The Baseline solution isn't worth a lot unless it is extended. The next natural step is to put it through to Pleasant, which has been talked about for 35 years. The portion from Pleasant to TH 13, should be developer driven. Hedberg: Regarding concerns about developers driving property owners out — properties will not sell unless someone wants to sell. There is no appetite or support for using any taking powers for economic development. Keeney: Stated that traffic study results showed that pushing the roadway through would be less safe because it increased the intersections and would create more conflicts and problems for pedestrians and vehicles. Nemeth: Concurred that adding more intersections creates more conflicts points. The traffic at Colorado and Arcadia ends up as a problem unless the roadway is pushed through. Soukup: Recalled that TH 13 / CR 21 will not the support the community in the future; CR 21 / Main is anticipated to fail and will be closed by the County. With no way to go north/south through downtown via Main, another way had be offered, which is why Arcadia was chosen. Considerations of traffic flow took on a rippling effect to the surrounding areas. Stated a deci- sion must be made. First step to getting the answer is providing direction in the Comprehensive Plan. DRAFT 10 28 13 City Council Meeting Minutes 7 Boyles: Regarding the concern that the City is buying up properties, noted that there have been no recent acquisitions. The City did not purchase the properties on either side of City Hall. Downtown properties were purchased for purposes such as public parking and future right of ways. Hedberg: Added that two properties were acquired for the Arcadia right of way. Keeney: Referred to Evenson's comment that the City favors plan 9C and asked where that assumption would have derived from. Poppler: Stated that citizen and business group comments were used by the technical team to make a proposal. Boyles: Added that staff also has conversations with MnDOT and the County to learn if they will approve a plan before the plans are brought forward. Perhaps that left the impression of a preferred plan. MOTION BY KEENEY, SECOND BY MORTON TO DENY A RESOLUTION APPROVING A ROADWAY ALIGNMENT FOR SOUTH DOWNTOWN. Morton: Stated her understanding of the need to take a position, but does not agree with the solutions being offered and is not willing to encourage modification of the Comprehensive Plan to something she is not comfortable with. Keeney: Stated that the question was sent to the Economic Development Authority (EDA) to review from an economic development point of view. While it is clear that building roads will en- courage economic development, the return on investment was not calculated. Other opportuni- ties to invest EDA monies were not compared to this opportunity. EDA acknowledged that they are not traffic experts. People like the downtown feel of Prior Lake and a big part of that is that there is a residential feel to it. It is walkable. Putting a road through that will start to destroy the residential downtown. Does not believe this solves the traffic problems. There will still be a cut- through problem on Duluth. The Baseline plan was already a significant investment in our downtown. Does not want to build both a Pleasant Street access and a wetland throughway. Concerned about costs to taxpayers and fears the City will end up with acquisition costs. Be- lieves that a TH 13 / Franklin Trail intersection would be taxpayer paid. Considers it only an economic development decision to put a roadway through the wetland. Does not favor chang- ing the Comprehensive Plan at this point. Soukup: Concurred with Keeney, but because of all of the issues stated and the fact that we do not know the answers there is a need to have something in the Comprehensive Plan stating that a roadway plan is needed for TH 13 / CR 21. Keeney: If we approve this, it is another step in that direction and would lead to acquisitions and destruction of the neighborhood. Soukup: Unless we put something in the Comprehensive Plan, we cannot move forward. We are constantly revisiting the same issue. A plan is needed to connect the north/south part of downtown without stating the area. Morton: Believes the area is being stated by identifying an extension of Colorado to TH13. The Comprehensive Plan already states we need roads and infrastructure so the essence of the plan already includes this. Hedberg: Commented that the next agenda item will address a Comprehensive Plan change for the CR 42 area and that area has roadways identified as future needs. Morton: That also proposes changing classifications. McGuire: Agreed there is no perfect solution, that enough consultants have served in this area and that taxpayers should pay none of the costs south of Pleasant. Stated it is time to take some type of action and get it in the Comprehensive Plan to recognize there is a problem, we do not yet know the answer, and we will deal with it. Hedberg: Opposes the denial. Stated there is a significant amount of developable land in the low land areas. Supports a roadway change because: believes a roadway plan creates a vi- DRAFT 10 28 13 City Council Meeting Minutes $ sion for downtown roadway; provides a better supporting roadway system for TH 13 / CR 21; Duluth traffic is projected to double in a residential / school area; connecting South Lake Village with south downtown will allow them to be a connected business center; and parcels would be opened for development/redevelopment. Noted that if a roadway went through, it would create two city blocks in downtown, and some of the homes proposed to be lost have willing sellers. Keeney: Stated there is talk about how there is no money to develop TH 13 / CR 21, but somehow the TH 13 / Franklin intersection will be built. Does not believe a developer has stepped up to pay for that. Does not want to put the interests of a landowner over the residents. VOTE: Ayes by Keeney and Morton. Nays by McGuire, Morton and Soukup. The motion failed. MOTION BY MCGUIRE TO DIRECT STAFF TO APPROVE RESOLUTION 13-156 INCORPO- RATING A GENERAL STATEMENT IN THE COMPREHENSIVE PLAN FOR IMPROVING THE ROADWAYS IN DOWNTOWN; THE CITY IS NOT MAKING A COMMITMENT TO FUND THE PROJECT; THE MAIN AVENUE PEDESTRIAN TRAFFIC FLOW SHOULD BE ADDRESSED; SCOTT COUNTY WILL BE REQUESTED TO CONSIDER RIGHT TURN ONLY ON MONDAY THROUGH FRIDAY FROM 6-9 A.M. AND FROM 3-6 PM ON MAIN AVENUE (INSTEAD OF A BARRIER). Soukup: Asked if the resolution should still direct amending the Comprehensive Plan for an Arcadia roadway extension from Colorado to TH 13. McGuire: No, the language should be more general. Soukup: Do you want the resolution to say we are directing staff to start the process of amend- ing the comprehensive plan for the four points just made. McGuire: Reiterated the four points: 1) incorporate a general statement in the Comprehensive Plan stating that we recognize the need for improving roadways in the downtown areas; 2) the City is not making a commitment to funding it; 3) the Main Avenue pedestrian flow will be ad- dressed; 4) Scott County will be requested to consider that Main Avenue be posted right-turn only on Monday through Friday from 6-9 a.m. and 3-6 p.m. Keeney: Clarified that it will not specifically mention an Arcadia roadway extension. McGuire: Affirmed. A SECOND TO THE MOTION WAS MADE BY KEENEY. VOTE: Ayes by Keeney, McGuire and Soukup. Nays by Hedberg and Morton. The motion car- ried. RECESS Mayor Hedberg called a recess at 10:50 p.m. RECONVENE The meeting reconvened at 10:52 p.m. The City Council discussed how to address the remainder of the agenda items considering the timetable for action to be taken and persons in the audience. MOTION BY KEENEY, SECOND BY MCGUIRE TO EXTEND THE MEETING TIME UNTIL MIDNIGHT AND AMEND THE AGENDA TO TABLE 9C AND 10A TO A FUTURE MEETING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OLD BUSINESS DRAFT 10 28 13 City Council Meeting Minutes 9 Consider Approval of a Resolution Adopting the County Highway 42 Study Land Use and Transportation Plan, and Approving Amendments to the 2030 Comprehensive Plan Community and Economic Development Director Rogness reviewed the existing land use plan. The proposed amendment identifies mixed land use areas to be combined into a single planned use area with sub areas. Displayed the land use changes and the acres involved. Re- viewed the transportation plan. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-157 ADOPTING THE COUNTY HIGHWAY 42 STUDY LAND USE AND TRANSPORTATION PLAN AND AMENDING THE 2030 COMPREHENSIVE PLAN. Keeney: Clarified that the term "planned use" will be a new category in the Comprehensive Plan. Clarified the roadway plan graphics. Rogness: Noted the new graphics are more detailed to align with the anticipated actual loca- tions. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the Rolling Oaks Circle Improvement Project City Engineer / Inspections Director Poppler displayed the property and identified the project objectives of eliminating gravel roadway, erosion issues, private wells and septic systems and to extend sewer and water systems. Described existing conditions and the proposed improve- ments. Provided estimated project costs and estimated assessments. MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR THE ROLLING OAKS CIRCLE IMPROVEMENT PROJECT, CITY PROJECT #14-013. Morton: Stated she has received quite a bit of public input and does not feel strongly about moving forward with this project until there is developer interest in the adjoining property. Hedberg: Queried whether Morton believes it should be reconsidered if there is serious devel- oper interest. Morton: Replied her understanding is that washout that happens on the gravel road and if a solution could be found for that, she would prefer to delay the project. Soukup: Commented that the assessment is anticipated to be more than $37,000 per unit. Asked if the septic systems are failing. Thongvanh: Replied there has been no notification of that and residents have indicated that their septic systems are fine. Soukup: Concurred with Morton that there is no need for this at this time. Keeney: Queried about the extension from Bluebird Trail that was going to be included in build- ing the road. Poppler: Replied that is the stormwater facilities, not the road. The stormwater pipe is part of the assessment. The ponding comes out of the water quality fund. Keeney: Referring to the graphic showing future property divisions, asked if a developer could pay for roadway and infrastructure for future units. Poppler: Affirmed. Keeney: Believes this is different than the CR 12 and Sunset Avenue projects. Stated he has not heard of concerns about stormwater and sanitary sewer to drive the project. Stated it may be premature to drive this forward with no initiative from the neighborhood. DRAFT 10 28 13 City Council Meeting Minutes 10 Hedberg: Commented that when the Meadowlawn Trail area develops, there will be another decision to make as this will be the appropriate routing of the sanitary sewer. With no particular issues current, concurs with Morton and Soukup to postpone the project. Keeney: Stated the City would have an obligation at the time of Meadowlawn Trail develop- ment to provide an infrastructure network for the entire area. Morton: Believes the homeowners do not object to it happening when it is needed. Believes they would be open to ideas for temporary roadway improvements and charging it back to the residents. VOTE: Nays by Hedberg, Keeney, McGuire, Morton and Soukup. The motion failed. MOTION BY MCGUIRE, SECOND BY HEDBERG TO DIRECT STAFF TO EXPLORE POSSI- BILITIES FOR IMPROVING THE ROADWAY AND DETERMINING A FUNDING SOURCE SATISFACTORY TO BOTH THE CITY AND THE RESIDENTS. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Keeney: Asked if the feasibility study can still be used in the future when it is time to do the pro- ject. Poppler: Affirmed that much of it can still be used. Costs would be updated at the time of mov- ing forward with the project. RECESS Mayor Hedberg called a recess at 11:37 p.m. RECONVENE The meeting reconvened at 11:40 p.m. ITEMS REMOVED FROM CONSENT AGENDA Morton: Suggested that two items removed from the Consent Agenda (5G and 51) be deliber- ated upon in one discussion. Consider Approval of a Resolution Authorizing the City Manager to Execute the City's Standard Professional Agreement with Hoisington, Koegler Group, Inc. for the Comple- tion of the Trail and Sidewalk Study Consider Approval of a Resolution Authorizing the City Manager to Execute the City's Standard Professional Agreement with Hoisington, Koegler Group, Inc. for the Comple- tion of the Park Dedication Fee Evaluation and Update Morton: Understands the SMSC has made a donation, but questions whether it is the best use of the money. Boyles: Ultimately, the finest use of monies is the Council's decision. Stated the City has not completed a trail gaps analysis in the last twenty years. The City wants to prioritize trails, obtain a cost estimate and start including them in the Capital Improvement Program. The Park Dedi- cation Fee was last evaluated in 2004. It is the primary tool used to charge developers park fees. Want to assure we are appropriately charging—neither too high nor too low. Soukup: Asked the Parks Advisory Committee (PAC) involvement in these projects. Gehler: The PAC has a member dedicated to working with the projects. Anticipates that mem- ber would be involved and the PAC would review the plan before bringing it to the Council. Soukup: Asked if the master park plan includes these projects. Kansier: Replied that the original fee studies were based on the Comprehensive Plan park sys- tem. The master park plans relates to that. The fee is to pay for new parks whose need is DRAFT 10 28 13 City Council Meeting Minutes 11 caused by development. Those plans are integral to the park fee study in that they determine what the future park plan will be. Soukup: Seems trail gaps should be easily identified in the master parks plan. Kansier: The gaps analysis should be part of the park plan. Hedberg: Commented that having trails that connect is an integral part of master parks plan. The SMSC has a particular interest in trail systems and when we asked to fill in a gap along CR 21, they contributed to that. Also, they have just announced a$350,000 grant program availa- ble for trail programs. They are interested in connecting their trails with ours and this gaps study could assist in that. Keeney: Stated he feels comfortable using the SMSC grant for the trail study and, subsequent- ly, for trails. MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-149 AU- THORIZING THE CITY MANAGER TO EXECUTE THE CITY'S STANDARD PROFESSIONAL AGREEMENT WITH HOISINGTON, KOEGLER GROUP, INC. FOR THE COMPLETION OF THE TRAIL AND SIDEWALK STUDY; AND TO APPROVE RESOLUTION 13-151 AUTHORIZ- ING THE CITY MANAGER TO EXECUTE THE CITY'S STANDARD PROFESSIONAL AGREEMENT WITH HOISINGTON, KOEGLER GROUP, INC. FOR THE COMPLETION OF THE PARK DEDICATION FEE EVALUATION AND UPDATE. VOTE: Ayes by Hedberg, Keeney, McGuire and Soukup. Nay by Morton. The motion carried. Consider Approval of a Resolution Authorizing Construction of a Lakefront Park Storage Building MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 13-150 AU- THORIZING THE CONSTRUCTION OF THE LAKEFRONT PARK STORAGE BUILDING AND APPROVAL OF USE AGREEMENTS. Morton: Queried about an increased cost because of increased size. Gehler: Affirmed there is an increased cost due to increased size which caused a need for a footed foundation and more space desired by users. Morton: Asked if the increased cost is being shared by the partners. Gehler: Affirmed. Morton: Asked if it will be paid up front. Gehler: Affirmed. Morton: Asked if annual maintenance fees are part of the use agreement. Gehler: Maintenance and construction related personnel costs will be taken care of by the City. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Authorizing a Contract for Electronic Statements and Payment Options for Utility Bills MOTION BY MORTON, SECOND BY KEENEY TO APPROVE A RESOLUTION AUTHORIZ- ING A CONTRACT FOR ELECTRONIC STATEMENTS AND PAYMENT OPTIONS FOR UTIL- ITY BILLS. Soukup: ACH payments are a bank draw with lesser fees than credit card use. Believes resi- dents who use ACH should not have to pay the cost for people who want to use credit cards. McGuire: Concurred. Morton: Agreed that people who want to use the credit card service should pay the fee for the cost. Soukup: Queried the process that would be used to process the different kinds of payments and whether it would require more staff time. DRAFT 10 28 13 City Council Meeting Minutes 12 Erickson: Described the process and when the fee would be assessed. Noted that the City will not be in the middle of collecting the processing fee. Morton: Asked about the $20,000 threshold. Erickson: Replied that if costs exceed that amount, it is brought to the Council. Noted there are charges with e-checks and staff believes it is appropriate to absorb some of those charges, but credit card fees are significant. Morton: Withdrew the motion. Keeney: Withdrew the second to the motion. MOTION BY MORTON, SECOND BY SOUKUP APPROVING RESOLUTION 13-152 AU- THORIZING AN AMENDMENT TO THE CITY OFFICIAL FEE SCHEDULE. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. ADJOURNMENT The following agenda items are deferred to the next City Council meeting: • Consider Approval of a Resolution Approving the Transfer of Local Board of Appeals and Equalization Powers to Scott County • Consider Approval of Resolutions Appointing Persons to Serve on Advisory Committees • Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the Maplewood Street Improvement Project • Consider a Report Regarding the City's Street Lighting Policy I Mayor Hedberg declared the meeting adjourned at midnight by action of previous motion. I, Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT 10 28 13 City Council Meeting Minutes 13