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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA March 20, 2006 7:00 pm Fire Station No.1 City Council Work Session Joint Meeting with Prior Lake / Spring Lake Watershed This meeting is open to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 2. 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. 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF MARCH 6, 2006, MEETING MINUTES: 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of a Certificate of Plat Correction for Windsor Estates. G. Consider Approval of a Resolution Approving the Common Interest Community Number 1019 (Creekside Condomimum) First Supplemental CIC Plat. H. Consider Approval of a Report from the Bylaws and Compensation Committee with Respect to Bylaws Revisions. 6. ITEMS REMOVED FROM CONSENT AGENDA: www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 7. PUBLIC HEARINGS: A. Consider Approval of a Resolution Vacating a Portion of the Easement for Roadway Purposes Adjacent to 4500 Lords Street NE. 8. PRESENTATIONS: A. 2006 Lake Advisory Committee Objectives. B. 2006 Park Advisory Committee Objectives. 9. OLD BUSINESS: A. Consider Approval of Ordinances Relating to Franchises: 1. Adoption of Sections 312 and 313 of Prior Lake City Code Establishing Gas and Electric Franchises. 2. Adoption of Section 314 of Prior Lake City Code Establishing Gas and Electric Franchise Fees. 10. NEW BUSINESS: A. Consider Approval of an Ordinance Rezoning 28.04 Acres from R-S to R-1 and Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Pike Lake Ponds. B. Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as Northwood Meadows PUD and a Resolution Approving a Preliminary Plat to be Known as Northwood Meadows. C. Consider Approval of a Resolution Approving Plans and Specifications and Authorize Staff to Advertise for Bids for Jeffers Pond Park Improvements as Identified in the 2006-2010 Capital Improvement Program. D. Consider Approval of a Status Report From the Water Treatment Plant Building Committee. E. Consider Approval of a Report Regarding a Request for Installation of a Patio Area at the Ponds Athletic Complex and for Installation of a Sidewalk Along Wildwood Trail. F. Consider Approval of a Report Regarding Change of Elections from Odd Years to Even Years. G. Consider Approval of a Report Regarding Downtown Parking. H. Consider Approval of Resolutions Authorizing the Decertification of Tax Increment Finance Districts: 2-5, 2-6, 2-7, 2-8. I. Consider Approval of a Resolution Authorizing Increased Traffic Enforcement Funding for County Road 21 and Other Roadways. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events. B. Executive Session - Pending Litigation, Ryan Contracting 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes March 6, 2006 Draft REGULAR COUNCIL MEETING MINUTES March 6,2006 CALL TO ORDER: Present were Mayor Haugen, Councilmembers Dombush, Erickson and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant Engineer Poppler, Parks Supervisor Friedges, Planning Director Kansier, Economic Development Director Snook, Communications Coordinator Oster and Administrative Assis- tant Green. Councilmember leMair was absent. 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. Boyles: Reviewed the concept of the Public Forum. Jim Weninger (2591 Spring Lake Road) - CR 12 Project Distributed materials to the Council. Described the history of the CR 12 project and asked the Council to reconsider some aspects of the project: underground utilities, one sidewalk rather than two, curb height and street parking. Stated he would like to have a project committee reinstituted which would include residents. Comments: Haugen: Noted that when planning the project, six open houses were held and two public hearings were conducted to receive public input. He asked staff to respond in 30 days with a report on the status of the project. Pace: Expressed a desire to review whether a decision made by a past Council can be reconsidered. Millar: Agreed that the progress information should be received from the County as well as consideration given to fi- nancial and other ramifications. Haugen: Discussion on the project may not necessarily be reopened, but the Council will be up-to-date on progress. Erickson: Stated that he lives on the street included in the project and believes the street should be viewed as unique because it is the isthmus between Prior lake and Spring Lake. APPROVAL OF AGENDA: Millar: Requested that item #11 B, discussion regarding local election dates, be added to the agenda. MOTION BY MilLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Dombush, Erickson and Millar. LeMair was absent. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE THE FEBRUARY 6, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. leMair was absent. The motion carried. CONSENT AGENDA: City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes March 6, 2006 Draft C. Consider Approval of the Preliminary 2005 Fourth Quarter Budget Report. D. Consider Approval of Building Permit Report. E. Consider Approval of Animal Warden Report. F. Consider Approval of Fire Call Report. G. Consider Approval of A Memorandum of Understanding With Scott County With Respect to Tax Increment Financing District Audit Findings and Authorize the Mayor and City Manager to Execute the Document. H. Consider Approval of a CenterPoint Energy Agreement for Installation of Gas Main and/or Gas Services for Prior Lake City Hall and Police Station. I. Consider Approval Of Temporary On-Sale Intoxicating Liquor License For The Church Of St. Michael Aprilfest. J. Consider Approval of a Cigarette License for Prior Lake Quick Stop. K. Consider Approval of a Cigarette License for O'Malley's on Main. L. Consider Approval of a Massage Therapy License for Connie Kahler. MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. PUBLIC HEARINGS: Consider Approval of a Resolution Establishing the Development Program for Development District 5 and Es. tablishing Tax Increment Financing District No. 5.1 and the Proposed Adoption of a Tax Increment Financing Plan Therefore. (Premiere Dance Studio). Economic Development Director Paul Snook presented this agenda report. Rebecca Kurtz of Ehlers and Associates was available to answer questions. Comments: Erickson: Asked what type of signage would be in the pull-over area and what type of crosswalk was planned. Poppler: Replied that "no parking" signs would likely be posted as well as crosswalk signs. Dornbush: Stated her concern about the safety issues in crossing the street and would like a more creative solution than signs. Millar: Reiterated the concern about safety. Asked City Manager Boyles to explain the park-and-ride situation. Boyles: Replied that the 63-space park-and-ride lot is being relocated from Colorado Street to Shepherd's Path. Miller: Confirmed that it would make those parking spaces available on the same side of CR 21 as the proposed dance studio. Erickson: Asked if that is the same parking lot that would be used for the new Rock Creek building. Boyles: Stated that the building at Main and Hastings will utilize the parking lot at the northeast quadrant of CR 21 and Main Avenue. Millar: Noted that this TIF is in alignment with the 2030 vision and asked if the TIF area would encompass the entire block. Snook: Replied that the district would only entail this property and noted that it could foster development throughout the area and some queries have been made regarding the availability of nearby property. MOTION BY ERICKSON, SECONDED BY DORNBUSH TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried and the public hear- ing opened at 7:43 p.m. Dawn Schulberg, Premiere Dance Studio, thanked the Council for consideration of the proposal. She described Pre- miere Dance as a small business that is community involved, family based and growing fast. Stated they have out- grown their current space and want to stay in the Downtown area. 2 City Council Meeting Minutes March 6, 2006 Draft Comments: Mike Feriancek, 4680 Hummingbird Trail NE, chaired the committee that supported switching the dance program from the City to private enterprise. Noted that Premiere Dance is very successful and we want to keep businesses in Down- town. Believes that if the Council is going to consider approving this TIF, consideration should also be given to busi- nesses currently in the area. Steve Sammis, 17700 Mushtown Road, supports the TIF. Noted that the 2030 vision establishes importance of down- town development and this will promote development on the south side of CR 21 and improve image of that section of Downtown. Harry Alcorn, 14283 Shady Beach Trail, supports TIF financing for Premiere Dance Academy and believes this gives the Council the opportunity to create a win-win for the council, business and parents, and that it sets the stage for the process of new buildings. Ed Walters, 14363 Bluebird Trail NE, expressed concerns of the impact of 700 families dropping children off with no parking facilities adjacent to the building. Asked who owns the property with the 63 parking spaces and who will pay for the maintenance of it. MOTION BY ERICKSON, SECONDED BY DORNBUSH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried and the public hear- ing closed at 7:51 p.m. Comments: Erickson: Stated that this is a $1 million project and the TIF will be 13%; it will bring 700 people to the area. Wants to assure that city staff looks at the safety issues. Dornbush: would like to see a study of what can be done to deal with safety issues. Asked how large the pull through space is. Schulberg: responded that the pull through area would accommodate five to six cars, and that she wants to implement a crosswalk, whether a flashing light or signage. Noted that the current spot is dangerous with no signage and many students crossing the street. Also noted that with the larger facility, they can schedule classes at staggered times so not all students are coming at the same time. Younger children can be dropped off in the pull through area and older danc- ers would park the car they drive and cross the street. Children do not exit the building without a parent. Also noted that it is an evening business so there is no bus traffic or conflict with daytime businesses. Millar: Asked how many students there are. Schulberg: Seven hundred. Millar: Asked if the current parking is a smaller area. Schulberg: Responded that there are 30-40 stalls that are shared with the library, coffee shop and dental office. There will be more parking in the proposed location and it will be safer than it is now. Dornbush: Asked about the feasibility of raised crosswalk so drivers would have to slow down. Poppler: Replied there would be a snow plowing issue and it would not be desirable to have a speed bump in that street. Dornbush: Noted that this is an unusual safety situation. Millar: Stated this is just the "tip of the iceberg" for the traffic situation downtown and asked if any long-range planning is being done. Boyles: Responded that an upcoming workshop is scheduled to bring the Council up-to-date on a parking study that was conducted a couple of years ago. Millar: Supports encouraging arts in the community. Dornbush: Asked how the amount of $135,000 in TIF was justified. Snook: Replied that it is the amount applied for based on their need and level of private financing. Haugen: Asked what elements were included to arrive at that amount. Schulberg: Replied that it is based on the costs for teardown, building removal, asbestos removal, grading and fill. Snook: Noted that it is not a clean site and developers may also have green fill. 3 City Council Meeting Minutes March 6,2006 Draft Haugen: Stated concern about the safety aspects and parking issues. Noted that if a raised crosswalk is necessary, it should be considered and he would not want the concept forgotten since it is tied to the viability of the business and the safety of people. Commented that the 63-space parking lot is city owned. Noted that the County has indicated its sup- port of the project and the TIF refinancing is 12 years rather than 25. Noted that there is no risk to city in this type of TIF financing and it will stimulate Downtown redevelopment south of CR 21. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06-29 ADOPTING A REDEVELOPMENT PLAN FOR DEVELOPMENT DISTRICT NO.5; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5-1 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFORE. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Public Hearing to Consider Approval of the Issuance of an On Sale Intoxicating and Sunday Liquor License for Paul Yeo dba O'Malley's on Main. City Manager Boyles presented this agenda report and introduced Paul Yeo who recently purchased the property from Shelby Armit. MOTION BY DORNBUSH, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried and the public hear- ing opened at 8:12 p.m. Comments: Paul Yeo thanked the Council for considering the application. Stated that he owns an entertainment company and has worked and managed in the entertainment industry for 20 years. MOTION BY MILLAR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried and the public hear- ing closed at 8:14 p.m. Comments: Millar: Asked if Yeo is planning any changes. Yeo: Replied that he wants to increase the restaurant/food business as well as add some sports involvement. Millar: Asked his plans for the food business. Yeo: Replied that he sees potential to increase it and can bring some things in that people will enjoy. Dornbush: No comments. Erickson: Asked ifYeo will bring in entertainment. Yeo: Replied that the current business of having DJs would continue. Erickson: Asked if a restaurant area would be "no smoking" to be compliant with state law. Yeo: Replied that it would. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE THE ISSUANCE OF AN ON SALE INTOXICATING AND SUNDAY L100R LICENSE FOR PAUL YEO DBA O'MALLEY'S ON MAIN. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. PRESENTATIONS: Code Enforcement Report for 2005. Building Inspector Peterson presented the 2005 code enforcement year-end summary. Comments: Millar: No comment. 4 City Council Meeting Minutes March 6, 2006 Draft Dornbush: Commented that she sees lots of junk and asked if the City determined it was OK. Peterson: Stated that enforcement is on a complaint basis. Dornbush: Asked if debris was removed and people fined. Peterson: Replied that they receive two warnings and then are ticketed, and that the ticket gives them a timeline and a number to call if the want to request an extension. Erickson: Expressed concern about the complaint-only basis as neighbors may not want to call and create problems with other neighbors. Peterson: Noted that people can call in a complaint and their name will not be attached to the report. Haugen: Noted that the data presented in the report had broad swings from year to year. Peterson: For example, in 1999, one person called in with 27 garbage can complaints and they were listed as 27 dif- ferent complaints, which skews the report. Stated that weather can also impact weed complaints or snow removal com- plaints. Boyles: Noted that Peterson also does building inspections and sometimes his time is diverted from enforcement. If the Council desired proactive enforcement, there would be significant additional resource costs. MOTION BY ERICKSON, SECONDED BY DORNBUSH TO APPROVE THE CODE ENFORCEMENT 2005 YEAR END REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Variance Report for 2005. Planner Matzke presented the 2005 year-end variance report. Comments: Erickson: No comments. Dornbush: No comments. Millar: No comments. Haugen: Noted that the report shows that most requests are resolved without conflict and with few appeals. MOTION BY DORNBUSH, SECONDED BY ERICKSON TO APPROVE THE VARIANCE SUMMARY 2005 YEAR END REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Proclamation for School Board Recognition Week. City Manager Boyles stated that school board recognition week was February 27 to March 3, 2006. Mayor Haugen noted that he was advised of this event after the last council meeting, so he signed the proclamation and presented it in anticipation of Council support. He read the proclamation that was presented to the ISD 719 School Board. OLD BUSINESS: Consider Approval of a Report Regarding the Lake Access from Shady Beach Trail. City Manager Boyles presented the report and noted that a review of the file regarding this beach access reflected ongoing problems with the access regarding parking, noise outside the time parameters that the access was open and trespass. He recommends that advisory committees meet with the public to hear concerns about this access as well as Sand Point beach access, and report the findings and recommendations to the City Council. Comments: Millar: Concurs with having advisory bodies follow the recommendation in the report and have them talk to whole neighborhoods. Stated he has received calls from people living in the neighborhood who use the access. Dornbush: Stated this issue has been discussed at length with the Parks Advisory committee and thinks having a joint committee or liaison from Parks to Lake Advisory committee is a good idea. Likes idea of public input. 5 City Council Meeting Minutes March 6, 2006 Draft Erickson: Noted that the City should look at 2030 vision and see what we want the access to be in 2030. Reiterated some of the issues of enforcement of parking and time parameters. Believes there should be a working committee made up of both the Parks and Lake Advisory committees. Haugen: Noted this has been going on for many years and people have purchased property knowing the access was there. Sportsmen from the broader community use it as well as people from outside the community. Believes the work should start with the Lake Advisory committee and that it would be OK to bring in Parks Advisory members if the Lake Advisory committee supports that. Legal issues need to be addressed and the ultimate decision is not going to please everyone. MOTION BY MILLAR, SECONDED BY DORNBUSH TO ACCEPT THE REPORT REGARDING SHADY BEACH ACCESS AND HAVE THE LAKE ADVISORY COMMITTEE RESEARCH, CONDUCT PUBLIC MEETINGS AND MAKE RECOMMENDATIONS TO THE COUNCIL AS OUTLINED IN THIS STAFF REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of a Resolution Approving the Appointments to the City Communications Advisory Commit. tee. City Manager Boyles reported on the candidates and the interview process. Comments: Millar: Stated that the talent and qualifications of the six people applying were amazing and complimented all of them. Believes the proposed candidates are a good fit on the committee because they bring marketing experience and a con- nection to the community. Dornbush: Expressed pleasure at the level of interest shown in participating on the committee. Erickson: Stated he would rely on the interview committee's selection. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.30 APPOINTING BRET BORTH AND CINDY WHITEHAIR TO SERVE ON THE COMMUNICATIONS ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of a Resolution Approving a Wetland Replacement Plan for Shepherd's Path. Public Works Director Albrecht explained that the City follows state law in conserving wetlands. Noted that develop- ers cannot begin grading in wetland areas even though they have a preliminary plat without this approval. Comments: Erickson: No comment. Dornbush: No comment. Millar: No comment. Haugen: No comment. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.31 TO APPROVE THE WETLAND REPLACEMENT PLAN FOR THE SHEPHERD'S PATH DEVELOPMENT. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of a Resolution Authorizing Advertisement for Bids for Street Lighting as Part of the Police Station and City Hall Building Project. Public Works Director Albrecht presented. Noted that the building project included a budget for this item but it was not bid because city staff believed they could get better pricing if it was bid outside the building project. Noted that the builders will be ready to install conduit for the lighting in about six weeks. 6 City Council Meeting Minutes March 6, 2006 Draft Comments: Dornbush: No comment. Millar: No comment. Erickson: Asked if the proposed design of the lights was unique to one vendor or would it be able to be bid competi- tively. Albrecht: Replied that several manufacturers make similar products. MOTION BY DORNBUSH, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06.32 AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CITY HALL AND POLICE STATION STREET LIGHTING. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. NEW BUSINESS: Consider Approval of a Resolution Authorizing a Cooperative Agreement for the Eagle Creek Circle Water Con. nection with SMSC. Public Works Director Albrecht displayed a graphic of the area in the subdivision being discussed. Noted benefits to the City of eliminating three private wells which would help retain integrity of the Jordan aquifer, and would also connect water lines for the City that are currently dead ended. SMSC will pay development fees and water rates like all other residents and the water main will be maintained by them. Comments: Erickson: Noted that this area has been in trust for over thirty years. Asked if the three private wells would be closed or accessible for irrigation or other private use. Albrecht: Replied that SMSC is proposing to seal the wells. Erickson: Asked if they would be subject to the same outdoor watering ban as that of other city residents. Albrecht: Replied that the City has an agreement to sell water and the City ordinances would not apply, but that the SMSC is very proactive in protecting the water supply. Erickson: Asked if the water usage rate would be determined from a single meter or ten separate meters. Albrecht: Replied that it would be ten separate meters. Dornbush: Commented that she does not perceive a down side. Albrecht: Commented that SMSC has helped us with other issues and have let us have water when we needed it. Millar: Stated that it is a great example of partnership. Haugen: Emphasized that the City does not provide these things for free and SMSC will pay the same costs as a de- veloper. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06.33 AUTHORIZING A COOPERATIVE AGREEMENT FOR THE EAGLE CREEK CIRCLE WATER CONNECTION WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of Bylaws for the Economic Development Committee. Economic Development Director Snook outlined the bylaws proposed for the Economic Development Committee. Comments: Dornbush: Asked what the time frame is for the committee to begin its work. Boyles: Stated that the next step is to select citizens for the committee and the selection process takes 30-45 days. Erickson: Stated that economic development is a key function and he hopes for a good group of candidates. Haugen: Suggested increasing the number of resident members on the committee and successful business people living or working in Prior Lake should be targeted members. 7 City Council Meeting Minutes March 6, 2006 Draft Snook: Agreed and noted that other communities have had all members be at-large, with to up to five members from at-large and only two members from the council. Haugen: Stated he would change it to five people from the community. Erickson: Asked if the committee would be most effective with or without Council members. Snook: Replied that it is beneficial to have council members as it helps guide efforts of the committee and keep it fo- cused. Dornbush: Noted that the bylaws are similar to those of the Parks Advisory committee and asked if Council should be liaison rather than member. Agreed it would be good to have more representation from the community. Millar: Stated he is a proponent of including private sector people and agreed the committee should have at least five community members. Asked if Snook would be part of the committee. Snook: Agreed that including the private sector is important as they bring ideas different from the public sector. Boyles: Clarified the membership to be five business persons - three of which must reside in the City of Prior Lake, two council members (Haugen and LeMair) that were appointed to this committee at the annual meeting in January, and the City Manager or his designee. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.34 APPROVING BYLAWS FOR THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AMENDED TO PROVIDE FOR FIVE BUSINESS MEMBERS. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of a Report from the Bylaws and Compensation Committee with Respect to Bylaws Revi. sions. City Manager Boyles pointed out the structure of different committees and the proposed changes for the public forum, and noted that changes in the travel policy are proposed to comply with state legislation. Comments: Erickson: Objected to proposed changes of 207.5 regarding the public forum and stated that a different person may be addressing an old problem. Dornbush: Concurred and noted that a different person could be bringing additional information on the same topic. Erickson: Agreed the forum has to pertain to city business and would like to keep 207.5 the way it was. Pace: Stated it is rather vague and suggested that the restriction read that it is comments that are not germane to is- sues within the purview of the City Council. Erickson: Stated that the bylaws are limiting people to ten minutes with a half-hour as maximum time for the forum and if a person wants to make the trip here to present something, they should be allowed to speak. Millar: Agreed and stated that the topic should be germane to something the Council would deal with and that ten min- utes is adequate for them to make their point. Haugen: Whether or not to have a public forum is old issue. It has been abused lately, and abuse of it is often why it is cast aside. Stated he is in favor of having a public forum to protect the public interest input, but asked for a process that allows public input without putting the Councilor staff members in the position of being attacked. Erickson: Believes that the half-hour time limit with no person speaking over ten minutes; and the City Manager acting as the timekeeper would provide the needed constraints. Dornbush: Asked if the bylaws should state there could be no personal attacks. Pace: Suggested adding 207.7 to read, "As a presiding officer, the Mayor shall have the authority to adjourn the public forum if there is a breach of decorum." Millar: Agreed that the intent was for the Mayor to have control over the forum. Erickson: Asked if it is more appropriate for timekeeper to make that decision. Haugen: Stated it is appropriate for the Mayor, as an elected position, to make that decision. Pace: Stated that in respect to the question of how to define it - it is similar to the definition of obscenity - you define it when you hear it. Also stated that the conflict of interest section of the bylaws needs to be included. 8 City Council Meeting Minutes March 6, 2006 Draft Haugen: Stated that approval of bylaws revisions should be deferred until that section is added. Dornbush: Stated that a $200 rate seemed excessive for a hotel stay. Boyles: Noted that it was written to be an inclusive number and there is a prohibition about paying for expenses that are extraordinary. Erickson: Stated that $200 per night is within the Midwest. Boyles: Mentioned the non-reimbursable expenses such as personal telephone calls, rental of luxury vehicles, etc. Erickson: Clarified that it stated that reimbursable lodging costs for travel within the Midwest are limited to $200 per night. Boyles: Stated that if the Council wants a different amount, it is all right. Erickson: Noted that for travel specified outside the Midwest it is reasonable reimbursement based upon the going rate in the area. Haugen: Stated it should be reasonable. Boyles: Asked if it should it be a number or a word. Haugen: A word. Erickson: Stated that if a number is placed into the bylaws, it is locked in until the bylaws are reviewed again. Millar: Noted that if in downtown Chicago, a person would be hard pressed to find room for $200. Reasonableness is determined by circumstances. Haugen: Stated 1202.2 should say reimbursable lodging costs are limited to those which are reasonable and neces- sary and as pre-approved. Pace: Asked if the tip amount was intended as $10 per day or per trip. Boyles: Commented about undocumented service, for example cab fare. Haugen: Stated that $10 was intended to be per day. Determined that action will be deferred to the March 20 meeting to have the conflict of interest section included. Consider Approval of a Resolution Waiving Platting Requirements for a Land Swap for Digger's Polaris. Planning Director Kansier presented this agenda report and noted that the current building is encroaching upon the property line. Comments: Millar: Asked if there was any reason to have this property platted. Kansier: Replied that the City could collect all the development fees, and legal descriptions would be updated which would make them more manageable. Millar: Asked what other costs might be incurred by the property owner. Kansier: Replied there is cost to the applicant to hire surveyors and engineers and development fees would be sub- stantial because it is significant acreage. Dornbush: Asked about the irregularity of the lot line. Kansier: Replied that the proposed swap would make the lot line straighter. Erickson: Asked if the City would incur any liability by holding the money and the titles until November. Kansier: Replied there was not as long as the recording took place by the end of the year. She noted that recording fees are not substantial and the City would cash the check and hold it in escrow. Erickson: Clarified that the City would not be holding tax fees and asked how much staff time would be involved to take care of the recording. Kansier: Responded that staff go to the county offices on a regular basis. Erickson: Asked if a precedent was being set. Kansier: Replied that this is an unusual circumstance and the City had required that the property owner take some action. Haugen: Commented that this action is a customer-friendly approach for an issue going on for over two years. 9 City Council Meeting Minutes March 6, 2006 Draft MOTION BY DORNBUSH, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06.35 WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE SUBDIVISION OF PROPERTY LOCATED AT 16450 ANNA TRAIL SE (DIGGER'S POLARIS). VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. Consider Approval of a Resolution Authorizing Expenditures for Miscellaneous Park Appurtenant Equipment, Trees, Park Entrance Signs, Backstops and Pleasure Rink Lights as Identified in the 2006 Capital Equipment Program. Parks and Fleet Supervisor Friedges explained the proposed purchases. Comments: Dornbush: Clarified amount for pleasure rink light and stated that $5,000 seemed excessive. Friedges: Stated that it includes bringing electricity in from the street and setting a transformer, pole and fixture. Dornbush: Asked if there was intention to light all 13 rinks. Friedges: Replied that it is planned for new rinks as they come online. Dornbush: Asked if they would be paid for by developer fees. Friedges: Affirmed. Erickson: Asked how large the rink at Jeffers is intended to be. Friedges: Replied that it is similar to the one at Carriage Hills Park and the size of the Ponds athletic facility softball infield. Erickson: Asked if low electrical usage type lighting was used. Friedges: Affirmed and stated that timers are on the lights. Erickson: Asked if a warning could be put on the lights so people would know when it was about to turn off. Friedges: Yes, but it will be more expensive. Erickson: Asked about the repairs that would be needed at the Sand Point access and the cost associated with it. Friedges: Replied that the cost of repairs would not come out of the CIP, but rather the operating budget. Stated that repair to the trail would be around $6,000 and placing sand on the beach would be $3,000 - 4,000. Erickson: Clarified that about $10,000 of damage was done due to winter traffic. Haugen: Asked if there is a return on investment by having lights on hockey rinks at neighborhood parks. Friedges: Stated that the maintenance staff reports a lot of usage at lighted rinks and the person who lead a petition last fall was asked to give feedback at the end of the year. The feedback is used to gauge if it is worth the investment. Haugen: Noted that he would be concerned if the lights went out without warning and asked if lighting could be pro- vided until 1 0 p.m. to provide security to the neighborhood. Dornbush: Stated it is a good idea to light a rink on the other end of town (other than Jeffers), but is not so sure she would want spend that much money on every rink in town. Millar: Noted that Lakefront Park is probably the most used. If other rinks are lighted, they will be used. Erickson: Asked if there is a warming house area at Jeffers Pond. Friedges: Replied that the City doesn't offer warming house services at any neighborhood parks. Erickson: Asked if Lakefront Park is used because it is lit or because it has a warming house. Millar: Replied that it is used heavily at night due to the lights and there should be some alternative parks. Erickson: Notes that he skates at Northwood occasionally and thinks benches would be nice. Friedges: Stated that there will be benches at the neighborhood parks. Haugen: Agreed that Lakefront Park is heavily used and wants to assure that other neighborhood parks are used to the same extent. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.36 TO AUTHORIZE EXPENDITURES FOR MISCELLANEOUS PARK APPURTENANT EQUIPMENT, TREES, PARK ENTRANCE SIGNS, BACKSTOPS AND PLEASURE RINK LIGHTS AS IDENTIFIED IN THE 2006 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried.t 10 City Council Meeting Minutes March 6,2006 Draft Consider Approval of a Status Report From the Heritage Committee. City Manager Boyles reported on the activities of the committee and introduced Bruce Chamberlain from HKGI. Chamberlain described the master plan proposed for the former Kop property. Comments: Dornbush: Stated she is excited about the plan with its natural, preservation and heritage aspects. Believes it should be approached with plenty of public input and the taxpayers would have the ability to say yea or nay. Noted that fund- raisers and memorials could be in place to help pay for it. Millar: Complimented the previous City Council that set this in motion. Encouraged residents to come to the town meeting on March 15 at Lakefront Park Pavilion to provide input on the plan. Erickson: Agreed that we need to get as much input from people as possible and asked how the intersection of 160th and Main would be altered. Albrecht: Replied that the layout shown is the MnDOT-approved plan for the reconfiguration of the intersection on Hwy13. Stated that the roadwork has been delayed while waiting to determine what would be done with the property and a decision on the property would help determine what year the roadwork should be done. Erickson: Clarified that it would be the City that determines when the roadwork would be done. Albrecht: Replied that it is a joint City and County decision, but that the County has been asking when we want to do it and that it is a needed roadway improvement. Erickson: Asked how snow clearing would be managed in the orchard parking area. Friedges: Replied that skating would be the major activity in the winter time and there would be an area off the drive- way that could be plowed where people could park on the grass. Erickson: Asked about winter events in the barn area and where parking would be located for that. Chamberlain: Replied that if the barn were made into a four-season facility, the grass area could be plowed. Spoke of the structure of the grass parking area and that it would be a solid surface that would be plowable. Stated that a bigger issue would be whether or not the barn would be a four-season event venue. Erickson: Asked if there should be a community center rather than a barn. Haugen: Asked how community center was being defined. Erickson: Replied he did not know. Dornbush: Noted that the Pavilion already provides a community center for this park and winterizing the barn might be costly. Millar: Stated that there is need in this area for events and perhaps it could pay for itself. Dornbush: Asked if the lawn outside the barn would be relatively flat for table placement, etc. Chamberlain: Replied it would be flat near the barn and then would slope down to the pond. Erickson: Asked about a paved path and boardwalk and if it would be wide enough for skateboarding and biking. Chamberlain: Stated the path through the site is seen as more of a walking path and a northerly path would link to trails. Erickson: Stated concern about kids climbing on equipment and getting hurt and asked how to keep that from being a liability. Chamberlain: Replied that we would have to be selective in what was used. Haugen: Noted that the plan embodies heritage, small town values and uniqueness. Stated he likes the idea of the interior of the site being pedestrian-only and asked about the removal of the other buildings and the general cost of the plan. Chamberlain: Replied that cost ranges between $900,000 and $1.6 million depending upon whether city staff does the work or it is contracted out. Haugen: Asked where the money is planned to come from. Millar: Replied that the Heritage Committee has talked about some ideas and will talk about them at the town meeting on the 15th at Lakefront Park Pavilion. Boyles: Stated that the committee also proposed heritage celebrations and asked for Council feedback on the idea. 11 City Council Meeting Minutes March 6, 2006 Draft OTHER Haugen: Announced that the VFW would celebrate its 60th anniversary beginning at 2 p.m. on March 12; and that on March 8, SCALE is hosting the bonding committee from House of Representatives at the Jordan site for a joint training facility. Erickson: Announced that Tuesday is caucus night beginning at 7 p.m. Haugen: Stated that the wrestling team participated in the state tournament as a team and five wrestlers advanced in the state competition as individuals. A report regarding the local election dates. Council member Millar noted that the last City election had a low voter tumout, while the state has one of the highest turnouts for state elections. Suggested that elections should be moved from odd-numbered years to even-numbered years to encourage voters to participate. Noted that it should save the City money by not holding an extra election on the off year. Requested that staff report on the advisability of shifting from odd to even year elections. The report should include statutory provisions, process and timeline, pros and cons, and suggestions for soliciting public input. Comments: Dornbush: Supports having staff look into it. Erickson: Stated that the trend is for cities to go to even years. Believes that only the informed people vote in the off years so we would need to ask if want to have the informed vote, or everyone voting. Stated it would save the city money and the staff report could tell how much it costs to have elections during the odd year. Haugen: Agreed we need to look at it. Low turnout is not a healthy situation. Would be interested in a review of the entire metro area to see what they do. Millar: Believes that people who are engaged will remain engaged and that we need to encourage voters and find a way to get more people out to the polls. MOTION BY MILLAR, SECONDED BY DORNBUSH TO DIRECT STAFF TO REPORT ON THE ADVISABILITY OF SHIFTING FROM ODD TO EVEN YEAR ELECTIONS. THE REPORT SHOULD INCLUDE STATUTORY PROVISIONS, PROCESS AND TIMELlNE, PROS AND CONS, RECOMMENDATIONS FOR SOLICITING PUBLIC IN- PUT AND HOW TO ACCOMPLISH IT. VOTE: Ayes by Haugen, Dornbush, Erickson and Millar. LeMair was absent. The motion carried. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and seconded by Millar With all in favor, the meeting adjourned at 11:10 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 12