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HomeMy WebLinkAbout020303 Regular REGULAR COUNCIL MEETING MINUTES February 3, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCl;~ Present were Mayor Haugen, Councilmembers Blomberg, Petersen, and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, Police Chief O'Rourke, Parks Maintenance Supervisor Friedges and Administrative Assistant Meyer. Councilmember Zieska was absent. The Chamber observed a moment of silence in honor of the Columbia Space Shuttle tragedy. Adrianne Prettyman was present to sing the National Anthem. 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. No persons were present to address the Council at the public forum. APPROVAL OF AGENDA: Petersen: Asked that two presentations be added. Under 8B a for 2002 Building Permit Report, and under 8C for a 2002 State Funding Budget Report. Hau.qen: Requested adding an item at 8D to comment on the privatization of the Dance program. Boyles: Noted that the Executive Session of the City Manager had been conducted prior to the meeting since the agenda for the work session left extra time. The item remains on the agenda for Council comment. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. APPROVAL OF JANUARY 21, 2003 REGULAR MEETING MINUTES MOTION BY LEMAIR, SECOND BY BLOMBERG TO APROVE THE JANUARY 21, 2003 REGULAR MEETING MINUTES AS PROPOSED. VOTE: Ayes by Haugen, Blomberg, Petersen, Blomberg and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution Authorizing the Purchase of Two 2003 Police Squad Interceptors from State Cooperative Purchasing Contract. (C) Consider Approval of 4th Quarter Investment Report. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes February 3, 2003 (D) Consider Approval of Authorization of a Lump Sum Payment to the Scott County Highway Department for LED Signal Light Improvements to the CSAH 21 / TH 13 Intersection Split Phasing Project. Boyles: Reviewed the Consent Agenda items. Petersen: Asked that Item (B) be removed. Hau,qen: Asked that Item (D) be removed. MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA AS SUBMITTED, REMOVING ITEMS (B) AND (D). VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: (D) Consider Approval of Authorization of a Lump Sum Payment to the Scott County Highway Department for LED Signal Light Improvements to the CSAH 21 / TH 13 Intersection Split Phasing Project. Petersen: Discussed the current traffic problems on CSAH 21, especially at TH13. Asked the staff to comment on the funding for the split phasing, and the improvements proposed. Osmundson: Explained split phasing, and further noted that the City's portion of the payment is for LED light bulbs which is an upgrade to the project. The City is responsible for power costs for the lighted intersection and using LED light bulbs should show a return in approximately 5 years. Updated the Council that the project has been approved by the County, but that the electrical circumstances require that construction of the improvement be delayed until spring. Petersen: Asked if there would be a turning arrow. Osmundson: Confirmed. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE AUTHORIZATION OF A LUMP SUM PAYMENT TO THE SCOTT COUNTY HIGHWAY DEPARTMENT FOR LED SIGNAL LIGHT IMPROVEMENTS TO THE CSAH 21 / TH 13 INTERSECTION SPLIT PHASING PROJECT. VOTE: Ayes by Haugen, BIomberg, Petersen, and LeUair, the motion carried. (B) Consider Approval of a Resolution Authorizing the Purchase of Two 2003 Police Squad Interceptors from State Cooperative Purchasing Contract.. Hau.qen: Asked the Chief of Police to review the State process for identifying pursuit vehicles and why smaller vehicles are not utilized. O'Rourke: Explained there are only 4 vehicles certified as police pursuit rated vehicles. Discussed the process for certifying, the dgorous impact on the vehicles on a daily basis, the equipment the vehicles need to contain, and the ergonomic and heavy-duty standards that are required. Petersen: Commented that there is some advantage to the Police force having identical vehicles, particularly with quick response. Officers wouldn't need to get acclimated to a different vehicle every time they get in the car. City Council Meeting Minutes February 3, 2003 MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 03-16 AUTHORIZING THE PURCHASE OF TWO 2003 POLICE SQUAD INTERCEPTOR FROM STATE COOPERATIVE PURCHASING CONTRACT. VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. PUBLIC HEARINGS: NONE. PRESENTATIONS Recognition of High School State Tournament Participants in Girls Soccer, Cross Country Track, and Girls Swimming and Diving. Hauflen: Commented on the partnering effort the City has undertaken with the School District to recognized the achievements of area youth. Introduced each of the coaches for Girls Soccer, Cross Country Track and Girls Swimming and Diving. The Coaches, in turn, introduced each of their team members present and noted their individual or team accomplishments. 2002 Building Permit Report Rye: Discussed the development activity and the number of building permits issued, referring to a very extensive article in the last issue of the Prior Lake American. Discussed that a product of development is increased land values and market value of properties. In turn, the high cost of land drives the issue of increase density. Further noted that 2002 appears to be unique as far as volume, although the City continues to anticipate similar volume of building permits and similar results over the next several years. Status Report on State Funding Budget Boyles: Discussed the degree of the shortfall faced by the State of Minnesota, noting that at some point cities will probably be asked to absorb some of the impacts of the State deficit. The two biggest cuts the City of Prior Lake expects include local government aid in the approximate amount of $48,000, and the Market Value Credit in the approximate amount of $400,000. The timing of these types of cuts is unknown. It is also likely that communities, such as Prior Lake, who would not be as significantly impacted as other communities by loss of that aid, may be impacted through an additional sources. Staff has evaluated the various scenarios and anticipated these types of action by the State, which was staff rationale for recommending an increase in 2003 Contingency account from $50,000 to $150,000. In light of the unknown, the staff will also be closely evaluating its expenditures, including being careful with adding any new personnel. LeMair: Asked what determines a community's level of State aid, and what communities can do to be independent rather than dependent. Boyles: Explained that local government aid is a formula based program intended to calculate what the need of a community was in terms of spending and their ability or lack of ability to generate the appropriate revenues. Some of those types of programs have already been cut, such as the Homestead Agriculture Credit Assistance. Petersen: Commented that it seems a shame that communities that line up to depend on State aid have the rug pulled out from under them. Very thankful that Prior Lake does not find itself in that position. 3 City Council Meeting Minutes February 3, 2003 Blomber.q: Commented that she attended a community forum with the State Senator and Representative who echoed the City Manager's comments that the aid cuts will be stepped back over time so as to not drastically impact overnight those communities who have become so dependent. Believed the Council acted prudently by increasing the City's Contingency account balance for 2003. Hau.qen: Agreed with the comments of the Councilmembers and suggested that the City Manager fully evaluate the need for budgeted personnel. Status Report on Privatization of the Dance Program Boyles: Discussed that in light of the State's recommendation for cities to fully evaluate mechanisms for sharing costs within their communities and neighboring communities, and to look for ways to cut expenses, the City staff has initially discussed the possibility of privatizing the Dance program. Advised that at this point, the City is only in the process of collecting information and evaluating various scenarios. If the matter where to proceed, the item would come before the City Council, and the process would include public input, as well as evaluation from the Parks Advisory Committee and Dance Advisory Committee. LeMair: On a preliminary analysis, believed there were positives and negatives in privatizing the program. Hau.qen: Commented that it is important for the public to understand that at this point that this is in the evaluation stages, and that the Council does not intend on making a quick turnaround of this program. The City understands that this program is important to our community and will only continue to grow. The process is to evaluate what is the best direction for the program so it can continue to meet the community's needs. OLD BUSINESS: Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement with Scott County for Acquisition of Easements for CSAH 42 Trunk Utilities Improvements (City Project #02-01). Osmundson: Reviewed the agenda in connection with the staff report. Petersen: Believed it makes sense to have the County negotiate for us since they are already negotiating similar properties in the area. Boyles: Asked if the Scott County calculates the City's the cost of the acquisition agent on a proportional basis. Osmundson: Noted that the fee are charged as part of the cooperative agreement through the construction enginnering. Blomberq: Commented that the cooperation appears to make sense in order to facilitate the project. MOTION BY PETERSEN, SECOND BY BLOMBERG TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH SCOTT COUNTY FOR ACQUISITION OF EASEMENTS FOR CSAH 42 TRUNK UTILITIES IMPROVEMENTS (CITY PROJECT #02-01). VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. 4 City Council Meeting Minutes February 3, 2003 Consider Approval of Ordinance Amending Zoning Ordinance Section 1101.504 Pertaining to Fences on Corner Lots Adjacent to Collector Streets. Rye: Reviewed the agenda item in connection with the staff report. LeMair: Asked if the Council had discussed changing the opacity. Blomber,q: Understood that the Council did not discuss opacity with the assumption that if homeowners wanted 6 foot fences, they wanted them for privacy. Rye: Confirmed. LeMair: Believed that the Council thoroughly reviewed many different scenarios in order to accommodate as many people as possible. Haugen: Noted that Planning Commission Chair Tony Stamson also participated in the discussions. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE ORDINANCE 03-03 AMENDING ZONING ORDINANCE SECTION 1101.504 PERTAINING TO FENCES ON CORNER LOTS ADJACENT TO COLLECTOR STREETS. LeMair: Also thanked Tim House for his participation in the process and providing valuable information to the Council. VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. NEW BUSINESS Consider Approval of a Resolution to Approve Plans and Specifications and Authorize Staff to Advertise for Bids for Trails and Basketball Courts as identified in the 2003-2007 Capital Improvement Program. Fried.qes: Reviewed the agenda item in connection with the staff report. Blomber,q: Asked that even though the residents have petitioned for the half basketball court at Glynwater Park, given the fiscal prudence this Council has discussed requiring, is it necessary at this time. Fried.qes: Noted that the cost of the court would be about $5000. Staff will attempt to get financial cooperation from P.L.A.Y. Hoops in the Park to offset some of the costs, but advised that the funds are available in the CIP. LeMair: Asked how it is determined what parks get basketball courts. Fried.qes: Explained that the basketball court program is relatively new. P.L.A.Y committed funding for several courts, and now placement of additional courts is primarily based upon information received from residents through the City officers and feedback from P.L.A.Y. Boyles: Explained the park dedication fees charged to developers are part of the subdivision process. Those fees go into the Capital Park Fund and can't be spent for any purpose other than park development. 5 City Council Meeting Minutes February 3, 2003 Fried.qes: Added that staff also does as much of the work in-house as possible, including preparation of plans and specifications, grading and backfilling, erosion control, and landscaping. All of which keep the costs of trails down and supplements the money available in the Capital Park Fund. Blomber,q: Appreciated the staff's assessment of needed trails and the ability to use those trails for cross purposes. Hau,qen: Asked if at Memorial Park there is future plan for additional parking, and would additional parking impact the proposed placement of the trail. Friedges: Advised there is limited space available for additional parking, and any future parking needs would probably have to be located along Jordan Avenue. Noted that the Amateur Baseball Association has been attempting to get a State tournament together with Shakopee, and there are criteria, such as ample parking, associated with attracting those types of tournaments. Petersen: Asked how quickly the Hass Lake area is being developed, and if constructing trails at this point would predispose them to being destroyed dudng construction of the homes. Osmundson: Advised that the homes in that area are above the trail, which is along the lake. The City prefers to construct the trails as early as prudent so that future homeowners know the placement of trails and how they may impact the properties at the time they purchase the home. Petersen: Asked if the trail connection north of CSAH 82 along 82 would be a tunnel. Osmundson: Advised that tunnels and bddges are very expensive, and the discussion will come up as the area is designed dudng 2003 for reconstruction in 2005. The staff was considering a trail on one side and a sidewalk or trail along the other. Tunnels are much less expensive than bridges. Blomber,q: Asked how proposed trails are being received by existing communities. Fried,qes: Neighborhoods are typically very receptive. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 03-17 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR TRAILS AND BASKETBALL COURTS AS IDENTIFIED IN THE 2003-2007 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Authorizing the initiation of Eminent Domain Proceedings with Revised Legal Descriptions for the Property Required for Right-of-Way for the Ring Road Phase 2 (City Project 01-01) and the CSAH 23 / Five Hawks / Ring Road Phase 3 (City Project 02.06). Osmundson: Reviewed the agenda item in connection with the staff report. Pace: Clarified that some of the parcels have already been authorized to be acquired through condemnation, but we are seeking reauthodzation due to the realignment of the roadway which resulted in changes in legal descriptions and the 6 City Council Meeting Minutes February 3, 2003 amount of land needed. Also, the Thrift Store property is included in the proposed eminent domain as a fail safe in the event the purchase of the property in not completed. Advised that just because a quick-take action is initiated, it doesn't preclude the City and property owner from negotiating an acceptable agreement. BlomberR: Commented on her experience with the dangerous traffic around the EZ Stop area. Supported the action in order to move forward. It appears that the City staff has made good-faith efforts to negotiate with the property owners. Believed that the action supports the overall needs of the growing community. LeMair: Supports the staff recommendation because it is necessary to provide for the overall safety of the community, including installation of a lighted intersection at Five Hawks. Petersen: Supported the construction of the roadway. Asked why Phase I of the Ring Road was not being used. Osmundson: Explained that the road is not complete and there are some safety concerns with opening the road before the connection is complete. Haugen: Hopeful that negotiations with the property owners can continue and move forward. Proceeding with this project is necessary to continue the development and re-development of the area and eliminate traffic concerns. Blomber.q: Commented that the realignment of the roadways at Tower Street, Panama Avenue and the 170th Street further alleviates a difficult intersection. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 03-18 AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS WITH REVISED LEGAL DESCRIPTIONS FOR THE PROPERTY REQUIRED FOR RIGHT-OF-WAY FOR THE RING ROAD PHASE 2 (CITY PROJECT 01-01) AND THE CSAH 23 / FIVE HAWKS / RING ROAD PHASE 3 (CITY PROJECT 02-06). VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into Purchase Documents for Property Located at 16950 Panama Avenue in Connection with Construction of Phase III of the Ring Road. Boyles: Reviewed the agenda item in connection with the staff report. Petersen: Asked about traffic control at the new intersection south of the Five Hawks light. Osmundson: Advised that initially there will be a two way stop, but noted that once the new post office is opened, the intersection may require a four-way stop. Hau.qen: Commented that the price of land continues to escalate, and appreciated the City's ability to honor the existing Lease thereby offsetting the overall cost of the property. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-19 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO PURCHASE DOCUMENTS FOR PROPERTY LOCATED AT 16950 PANAMA AVENUE IN CONNECTION WITH CONSTRUCTION OF PHASE III OF THE RING ROAD. VOTE: Ayes by Haugen, Blomberg, Petersen, and LeMair, the motion carried. City Council Meeting Minutes February 3, 2003 Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Labor Agreement for the Period 2003-2005 with Law Enforcement Labor Services Inc. Representing Police Officers and Detectives. Walsh: Reviewed the agenda item in connection with the staff report. LeMair: Asked if the officers are satisfied with the adjustments. Walsh: Believed that the union vote was unanimous, and that the officers overall feel compensated. Petersen: Commented how outrageous health care insurance costs have become. Walsh: Noted that all cities and private industries are experiencing the similar increases, but there is no doubt that increases in the costs for health insurance are difficult to swallow. Explained that the City is in a joint purchasing group which does help to keep costs down as much as possible. Blomber,q: Asked why the contract is negotiated for a three year term. ~ Walsh: Explained that often times negotiations can be tense or difficult. The idea is to keep the normal flow of business as consistent as possible for the longest term. Hau,qen: Asked if the employee is paying an increased percentage of the health insurance costs. Walsh: Yes, the premium is increasing approximately 11% to $783, noting that for the first year of the contract, the employee is paying a $54 increase, while the City is paying $25 increase. Hau,qen: Noted that as people live longer, it costs much more to stay healthy. The trend will likely continue until there are amendments to overall health care in this country. MOTION BY LEMAIR, SECOND BY BLOMBERG TO APPROVE RESOLUTION 03-20 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LABOR AGREEMENT FOR THE PERIOD 2003-2005 WITH LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING POLICE OFFICERS AND DETECTIVES. VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, the motion carried. OTHER BUSINESS / COUNClLMEMBER REPORTS Executive Session to Conduct City Manager Performance Evaluation. Hauflen: Explained that the City Manager evaluation had taken place in Executive Session prior to the regular meeting as part of the regularly scheduled City Council work session where there was time available due to the postponement of discussion concerning site analysis. Discussed the Council's satisfaction with the City Manager's performance and the overall staff performance in either completing, or making significant progress on, many of the City Council identified goals for 2002. Discussed his opinion that it is important to separate performance review from salary review, in order not to tie the value of performance directly to compensation. Advised that salary consideration will be deferred for that reason, and, at the request of the City Manager, until the full staff compensations have been completed. LeMair: Agreed with the Mayor in the great efforts and accomplishments of staff over the course of 2002, despite an aggressive list of goals. 8 City Council Meeting Minutes February 3, 2003 Other Business to Note Boyles: Reviewed the City's participation in the Scott Joint Prosecution Association, noting the benefits to the City and that this type of partnering is an example of the measures encouraged by the State. In an unrelated matter, discussed an invoice from the County for services provided the City relative to development construction. Used the invoice as an example to show the importance of designating developer related fees to specific funds. Those funds are needed to pay for services of this type. Also advised that the Scott County Board recently appointed Bill Schmokel to fill Dave Moron's vacancy on the Prior Lake Spring Lake Watershed. Frank Boyles,-City I[/lanager K~y r~eye~ecording Secretary