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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA April 3, 2006 7:00 p.m. Fire Station No.1 City Council Work Session 5:30 p.m. Transit Funding Downtown Parking 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 20, 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 a Resolution authorizing the Mayor and City Manager to Enter Into a Standardized Lease Agreement for Shepherd's Path Park-and-Ride Lot. C. Consider approval of a Massage Therapy License for Katie Hendrickson. D. Consider Approval of a 3.2 On-sale Liquor License for the Prior Lake Amateur Baseball Association. E. Consider Approval of a Body Art License for Timothy Winters. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7 . PRESENTATIONS: A. Fire Station Two www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 8. PUBLIC HEARINGS: A. Consider Approval of a Resolution Vacating a Drainage and Utility Easement Located on Outlot B in Deerfield Industrial Park, 5th Addition. 9. OLD BUSINESS: A. Consider Approval of a Resolution Accepting Bids and Awarding Contract for the City Hall and Police Station Street Lighting. B. Consider Approval of a Resolution Pertaining to the Need for a Supplemental EAW for Conditional Use Permit 01-19 (Ryan Mining and Excavation). 10. NEW BUSINESS: A. Consider Approval of a Report on County Road 12 Project. B. Consider Approval of Change Order #2 to the Police Station - City Hall Construction Project. C. Consider Approval of a Report Recommending Modifications in Meeting Format. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Community Events. 12. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes March 20,2006 Draft REGULAR COUNCIL MEETING MINUTES March 20, 2006 CALL TO ORDER: Present were Mayor Haugen, Councilmembers Dornbush, Erickson, LeMair and Millar, City Manager Boyles, City Attor- ney Pace, Public Works Director/City Engineer Albrecht, Parks and Fleet Supervisor Friedges, Planning Director Kan- sier, Economic Development Director Snook, Assistant to the City Manager Meyer, Communications Coordinator Oster 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. 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. Mike Vierling, 13985 Pike Lake Trail, approached the Council requesting to speak regarding the Pike Lake Ponds project. Mayor Haugen advised Mr. Vierling that the topic was on the agenda of this meeting and, therefore, not eligible for the public forum. Councilmember LeMair advised Mr. Vierling that he could direct any comments to the City Manager and they would be relayed to the Council. APPROVAL OF AGENDA: Councilmember Dornbush requested that 11 C, Recruitment of economic development advisory committee members, be added to the agenda. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY DORNBUSH TO APPROVE THE MARCH 6, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, and Millar. LeMair abstained due to his absence at the March 6 meeting. 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. 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 Resolution 06-037 Approving the Common Interest Community Number 1019 (Creek- side Condominium) First Supplemental CIC Plat. H. Consider Approval of a Report from the Bylaws and Compensation Committee with Respect to Bylaws Revi- sions. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes March 20, 2006 Draft MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. PUBLIC HEARINGS: Consider Approval of a Resolution Vacating a Portion of the Easement for Roadway Purposes Adjacent to 4500 Lords Street NE. Public Works Director Albrecht displayed the area of Lords Street that would be vacated. Stated that the Ferguson's have agreed to future easements when the roadway needs to be upgraded and that the Ferguson's are the underlying owner of the property and would have right of the use of the property when the vacation is completed. The Planning Commission will also be considering if the vacation is appropriate. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 7:14 p.m. No person stepped forward to comment. MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 7:15 p.m. Comments: Erickson: Staff has done an excellent job of working through this with the Ferguson's. LeMair: Agreed. Dornbush: Glad the City could give up something they don't need and gain something they do need and the Fergu- son's can build the home they want to. Millar: Agreed. Haugen: Thanked the Ferguson's for their patience and perseverance. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-038 PROVIDING FOR THE VACATION OF A PORTION OF THE EXISTING ROAD EASEMENT FOR ROADWAY PURPOSES LOCATED ON THE PROPERTY AT 4500 LORDS STREET NE ON CONDITION OF APPROVAL BY THE PLANNING COMMISSION AND THE EXECUTION OF THE EASEMENT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. PRESENTATIONS: 2006 Lake Advisory Committee Objectives Dr. Harry Alcorn presented the 2006 Lake Advisory Committee objectives. Comments: Haugen: Clarified that Council member Erickson is the council liaison to the committee. Millar: Thanked LAC members for their service and commented that the committee's work is extremely important to the community and it has to tackle some tough issues. Asked where docking is being considered at Sand Point Beach. Alcorn: Replied that it has not been discussed yet. LeMair: Noted that docks at Sand Point are not in the CIP. Boyles: Stated there has been discussion with DNR and we may be seeking their help with it. Dornbush: Thanked LAC for their work and suggested that another objective could be a dock ordinance. 2 City Council Meeting Minutes March 20, 2006 Draft LeMair: Stated the dock ordinance was reviewed a few years ago, and perhaps needs to be done again. Erickson: Concurred with need for dock ordinance review. Suggested another goal would be to coordinate efforts with the PAC because many things align between the two committees, i.e. canoe rack. Ability for two committees to work together is something he looks forward to. Haugen: Stated appreciation and asked for continued work with PAC. MOTION BY DORNBUSH, SECOND BY MILLAR TO APPROVE OBJECTIVES PROPOSED IN THE PRESENTATION FOR 2006 WITH THE ADDITION OF REVIEW OF DOCK ORDINANCE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. 2006 Park Advisory Committee Objectives Mike Feriancek, PAC chair, presented the 2006 Park Advisory Committee objectives. Comments: Erickson: Expressed appreciation for coordinated efforts with LAC on overlapping issues and noted committee efforts could include development of the heritage farmstead. LeMair: Commented that the committee takes its job seriously as is evidenced with the objectives outlined, and asked about the participation in the fishing program. Feriancek: Replied that it needs more promotion, but there have been some people fishing from the pier and he is hopeful that it will increase. Dornbush: Thanked committee for the significant amount of time that they donate and the benefit to the city. Com- mented that she has spent many hours in the parks during the past 22 years and praised Parks and Fleet Supervisor Friedges and his team for a good job of keeping up with demands. Millar: Agreed with Erickson's comments about the overlapping issues between PAC and LAC. Invited the PAC to meet with the heritage committee regarding the heritage farmstead. Feriancek: Replied that a combined meeting was discussed but morning meeting times are difficult for PAC members. Millar: Replied that an altemate meeting time would be arranged. Haugen: Thanked PAC and Feriancek for their work and noted that the heritage farmstead master plan concept needed to be presented to Parks Athletic and Recreation (PAR) Facilities Task Force to review how the plan would co- ordinate with overall planning for the area's park, recreation and athletic facilities. Boyles: Commented on the upcoming planning to be done for an island park on Campbell Lake. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO ACCEPT 2006 OBJECTIVES FOR THE PARKS ADVISORY COMMITTEE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. OLD BUSINESS: Consider Approval of Ordinances Relating to Franchises: Adoption of Sections 312 and 313 of Prior Lake City Code Establishing Gas and Electric Franchises Finance Director Teschner reviewed the public hearing that was held and closed on December 19, 2005. He stated that no citizen input was given at that time, but representatives from utilities spoke of concerns and requirements for agreement parameters. Stated that the proposed agreements would have a 20-year lifespan. Comments: Millar: Clarified that the fee is charged to the utility company. Dornbush: Asked if any of the advantages of a franchise fee could occur without the ordinance. Teschner: Replied that currently the utility companies have no express authority and there is always some liability. Stated that the City would have more control of the oversight over utility improvements that are happening and that the 3 City Council Meeting Minutes March 20, 2006 Draft ordinance would outline obligations and responsibilities for utility companies. Noted that the proposed ordinances have been reviewed by and are acceptable to both utilities and city staff. LeMair: Agreed the proposed ordinance would reduce confusion. Erickson: Stated that it does not endorse any gas or electric utilities. Teschner: Agreed that the ordinance is nonexclusive, but that territories have been established by particular utility companies. Service territories are granted by franchise from the state of Minnesota. Erickson: Stated that we already have a franchise agreement with cable. Teschner: Confirmed that there is a franchise agreement with Mediacom and that the only utility excluded from fran- chise fees is telecommunications because they are federally exempt. Haugen: Said the ordinance provides clarity, continuity, control and consistency and it makes sense to support it. Boyles: Clarified that three actions are needed: ordinance approval, authorizing the Mayor and City Manager to exe- cute agreements, and approval of the publication of a summary ordinance in lieu of full text. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 106.02 ADOPTING SECTION 312 OF THE PRIOR LAKE CITY CODE AUTHORIZING NONEXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF PRIOR LAKE, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE ORDINANCE 106.03 ADOPTING SECTION 313 OF THE PRIOR LAKE CITY CODE AUTHORIZING NONEXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF PRIOR LAKE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY ERICKSON TO PUBLISH A SUMMARY ORDINANCE IN LIEU OF THE FULL TEXT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY MILLAR, SECONDED BY LEMAIR TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE INDIVIDUAL FRANCHISE AGREEMENTS. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of Ordinances Relating to Franchises: Adoption of Section 314 of Prior Lake City Code Es. tablishing Gas and Electric Franchise Fees. Finance Director Teschner presented the proposed ordinance and explained that it would be implemented in a gO-day time period. Identified the benefits to the City for receiving franchise fees as cost recovery, equity for all utility compa- nies, diversification of revenue, less reliance on property tax and additional funding to offset state aid shortfalls. Comments: Boyles: Asked if fees were based on a per resident or per dwelling unit. Teschner: Per dwelling unit. 4 City Council Meeting Minutes March 20, 2006 Draft LeMair: Views it from the perspective of how it should be done. Stated that all utilities should pay fees, not just some and that the City shouldn't have to pay for the land and let the utilities just use it. Hopefully, it will reduce future prop- erty tax. Dornbush: In favor since it helps with cost recovery of right-of-way and helps offset state aid shortfall. Millar: States that he is not comfortable with it and perceives it as just another tax as he assumes the fees will be passed onto the public. Asked if it could start with a lower rate. Teschner: Replied that the Council can structure rates at any level they choose, but that this rate was determined to recover the shortfall. Also stated that rates in other cities were compared and the proposed rate is in the middle. Stated that if state aid is received in 2007, the fees can reduce property taxes. Millar: Asked if there is a mechanism in place that assures that will happen. Teschner: Replied that is done by City Council. Millar: States that he believes in balancing the books, and that he believes a commitment should be made that if state aid is received in 2007, the franchise fees will be used to reduce property taxes. Erickson: Stated that if it sounds like a tax, it is a tax. This is a way of raising money and it will come back to the resi- dents. It is the responsibility of the Council to see how this can be used to reduce taxes. Glad that this is a flat fee as it helps to avoid barriers for new businesses. Asked if there is any inflation factor built in. Teschner: Replied there is no inflation factor built in and fee amounts would have to be increased by the Council. Stated that fee schedules are reviewed at the annual meeting and staff makes recommendations for fee changes. Haugen: Commented that the City has spent $1.7M to purchase right-of-way over the past few years and that can be passed along to utilities companies. Agreed it should be equitable for all utilities - not just some - to pay franchises and that this establishes altemate revenue sources. Noted that as households and business increases, the revenue in- creases even if the fees do not. Dornbush: Asked for an explanation of the businesses in the fee structure. Teschner: Replied that high end users would be laundromats and car washes, schools and churches are in a category by themselves, and that most commercial users are low use categories. Millar: Commented that from an equity standpoint, Mediacom is an option, whereas gas and electrical are not optional. Stated he would rather see this be a tax applied to property, and that renters will have this fee passed on to them and they would have no process for recovery. Will support with reservations. Erickson: Asked how this fee is is reflected in trust land. Teschner: Replied that Minnesota Valley looked at passing the fee along to SMSC and learned that SMSC is not sub- ject to it. Noted that if Minnesota Valley is unable to collect the fee, they are under no obligation to pay it to us. Be- lieves SMSC is not legally obligated to pay it. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE ORDINANCE 106-04 ADOPTING SECTION 314 OF THE PRIOR LAKE CITY CODE IMPLEMENTING GAS AND ELECTRIC FRANCHISE FEES WITHIN THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. NEW BUSINESS: Consider Approval of an Ordinance Rezoning 28.04 Acres from R.S to R.1 and Consider Approval of a Resolu. tion Approving a Preliminary Plat to be Known as Pike Lake Ponds. Planning Director Kansier presented the proposal and informed the Council it could be considered premature because water and sewer improvements to this area are not scheduled in the City's CIP. If the Council determines the proposal is not premature, staff is recommending the conditions included in the report. Comments: Erickson: Asked what the wetland mitigation plan might be. 5 City Council Meeting Minutes March 20, 2006 Draft Albrecht: Displayed the developer's proposal and stated he is not sure if it will be approved by the Technical Advisory Committee. Informed the Council that the City has an agreement with the watershed that requires wetland replacement be within the City of Prior Lake. Erickson: Asked if we are considering this too early. Albrecht: Replied that the preliminary plat is not contingent upon the wetland mitigation plan. Erickson: Asked about the sidewalks planned on some of the streets. Albrecht: Responded that the three cul-de-sacs do not have sidewalks planned, which is typical, and that the City does not always require sidewalks depending upon anticipated use. Erickson: Asked how it impacts the property and trees of the Brunson's. Kansier: Displayed the lot and noted that it appears the trees would stay intact. Albrecht: Stated that a retaining wall is proposed on the Manley property and it would appear that the majority of the trees on the Manley property would be removed but they could not remove trees on the Brunson property without per- mission. Erickson: Asked if there should be an amendment that trees should be retained. Albrecht: Replied that it would shrink the pad width, but it would be a possibility to require replanting of a tree buffer. LeMair: Asked what the current zoning is of the property of the NW quadrant of the intersection of CR 42 and Pike Lake Trail. Kansier: R-4. LeMair: Asked if the Council had already approved a plat for that area. Kansier: Replied that a concept plan had been presented by a previous owner, but a preliminary plat or a PUD was never filed. LeMair: Asked if the conditions being proposed here rely on that being developed first. Kansier: Affirmed and stated that Manley Brothers own that property now so they can handle the street right-of-way dedication on that property. LeMair: So that property wouldn't have to be developed. Kansier: Believes the City could work with it because Manley owns it. Albrecht: Noted that the issue is related to right-of-way width to build a collector street. LeMair: Asked if there would be problems to get the collector street going all the way to their property. Albrecht: Replied that the collector street ends at a section of temporary roadway that bends around the park land and it would be contingent upon whether Vierling property ever sells or develops, which is outside the City or developer con- trol. LeMair: Asked if the Vierling's or Manley have to acquire property to put the road in. Albrecht: Replied that the roadway construction and paving could be accomplished within the existing prescriptive easement and the issue would be drainage of the roadway. If drainage is not adequate, they may have to work with Vierling's. The Watershed has indicated they want to look at that very closely. LeMair: Stated he has comments from people in the Titus area that a benefit would be that the gravel roads would be gone. Noted that the conditions would protect the City and he will support it. Dornbush: Asked about the difference between rural residential and low-density residential. Kansier: Replied that rural residential covers existing large lots that do not have municipal services and such zoning is no longer allowed within City limits. Low-density is predicated on having municipal services. Dornbush: Asked about the twelfth condition regarding concept plans for properties nearby. Kansier: Replied that the City is looking for something that shows roads can be extended in a reasonable manner. Albrecht: Noted that it is a concern to jump over an undeveloped parcel and we need to assure the roadway, water and sewer network will work. Dornbush: Stated she wants to see a buffer zone of trees saved where appropriate, did not see how the City can jump over undeveloped area and clarified that the developer would have to pay all the costs of infrastructure. Kansier: Affirmed. Millar: Asked what kind of homes were planned to be built. 6 City Council Meeting Minutes March 20, 2006 Draft Kansier: $400,000 plus range. Millar: Confirmed that the developer would be putting in the infrastructure. Albrecht: Explained that the sewer system is across the western edge of the property and can be joined, but the water system would have to be brought in. City resources have not been allocated to that area since there is no indication that the Vierling property will be developed. Millar: Stated that this property would be at the end of the water line. Albrecht: Responded that typically we would want a water system that is looped and this area might be dead-ended. There are flushing, chlorination, water storage and water quality issues. Anticipated that we will be requested by Sha- kopee to provide water in their area. Millar: Asked what the advantage is for the City to develop this parcel now. Kansier: Pike Lake Trail would be paved and the water system would be extended at no cost to the City. Albrecht: Stated there would be infrastructure savings in having an oversized water main. Dornbush: Asked if the road would be paved even though it is temporary. Albrecht: Affirmed and noted that it would not have curb, gutter and sidewalk. Dornbush: Asked who pays the cost of removing the asphalt when the road is moved. Albrecht: Replied that the City would have some costs for a 42-foot road and whoever develops the property. Dornbush: Asked if the developer would pay fees in addition to the infrastructure. Albrecht: Affirmed they would pay fees in addition to these conditions, but they are not putting in water towers and wells, just the water main in their property. Dornbush: Asked the amount of the developer fees. Albrecht: Replied that it would be $100,000 to $150,000 for the roadway and the water main could be $50,000 to $75,000. Pace: Asked if the road is in prescriptive easement and whether it would be a public or private road. Albrecht: Public. Pace: Stated that if we maintained it for more than five years, we may not be able to move it. Kansier: Noted that the City already maintains it and it is existing prescriptive right-of-way. Albrecht: Stated that if the City is proposing to have a park there, we would have to remove the road regardless of whether it is gravel or bituminous. Haugen: Asked who pays for the signal light at the intersection. Albrecht: The developer pays oversizing fees for roadway which factors in the signal light. Haugen: Asked what the disadvantages are to the City of developing now. Albrecht: An extension of the roadway to Shakopee may result in more traffic to this connection than it is built to han- dle. Will be adding to water maintenance issues; and, if the water main is opened to Shakopee, there would be a water use issue. Erickson: Asked how moving a roadway at a later date would affect utilities. Albrecht: Replied that utilities would be moved off parkland and interceptor lines would be non-issue. Erickson: Asked if the City would want to designate that utilities be buried. Albrecht: Replied they could only be buried in some segments, and there may not be room to bury them in the tempo- rary road area. Utility companies would probably rather wait until they can bury everything. Boyles: Asked if a determination has been made about installing a water main under a prescriptive easement. Albrecht: Historically we have been allowed to, but it is not automatic and we would have to determine there was no issue with that. Could ask permission from the Metropolitan Council to install in their right-of-way. Dornbush: Asked whether it could be rezoned higher density later on, if the zoning was denied now on the basis that it is premature. Kansier: Replied that the comprehensive plan currently shows it as low-density. Dornbush: Asked what style of homes is being proposed. Kansier: Replied that no specific styles were provided and she anticipated it would probably compare to other homes built in new subdivisions in Prior Lake. 7 City Council Meeting Minutes March 20, 2006 Draft Pace: Suggested a condition to be numbered 5.1 regarding a prescriptive easement for roadway to read, "The devel- oper, at their cost, must determine whether the City's prescriptive easement for roadway can be used for the installation of utilities and the City makes no representation therefore." Boyles: Noted there is usually a timing issue regarding changes to a preliminary plat. Kansier: Confirmed that when a final plat is approved, we cannot apply different rules for two years. Haugen: Asked for more examples concerning transportation pressures that could come from Shakopee or any addi- tional issues with water. Albrecht: Replied that Shakopee authorized a traffic study for the area and has spoken to us regarding their water sys- tem. Noted that this roadway would be the only western connection to Pike Lake Trail and expressed concem that it could become an east-west traffic corridor. Haugen: Stated there are too many unknowns on transportation and water and he wants to defer action until we know if those issues can be managed with conditions that would protect the City long term. Pace: Stated that when a preliminary plat is approved, they can get grading permit. Substantial improvements could be made that give them the vested right to continue, which could cause problems in the future. Stated that items #2, #3, #5, #5.1 and #12 could be completed prior to approval of a preliminary plat. Albrecht: Agreed and noted that we have not explored the issue of whether a water main can be placed in a prescrip- tive roadway; and the Shakopee traffic study may be completed in a month to provide more information about connect- ing the roadway. Millar: Concurs that a decision should be deferred. Dornbush: Stated she likes the layout, low density and tree buffer zones, but has the same concerns regarding trans- portation and water. LeMair: States willingness to wait for more answers to the questions. Erickson: Would like to see the transportation study before this is reviewed again. Haugen: Asked if both the rezoning and preliminary plat should be deferred. Kansier: Replied that responses brought to the Council at the second meeting in May. Pace: Stated that we could seek clarity of the afore-mentioned conditions or agreement to indemnify the City as part of preliminary approval. MOTION BY HAUGEN, SECONDED BY ERICKSON TO DEFER THIS AGENDA ITEM TO THE SECOND COUNCIL MEETING IN MAY TO ALLOW FOR COMPLETION OF THE SCOTT COUNTY TRANSPORTATION STUDY, MORE INFORMATION ON THE WATER SITUATION, AND CLARITY OR INDEMNIFICATION FOR CONDITIONS #2, #3, #5, #5.1 AND #12 OF THE PIKE LAKE PONDS PRELIMINARY PLAT PROPOSAL. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. RECESS The Mayor recessed the meeting at 9:32 p.m. RECONVENE The meeting reconvened at 9:40 p.m. 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. Planning Director Kansier presented the proposed preliminary plat and identified benefits to the City of the additional acreage of upland parkland and additional acres of tree preservation. Stated that the Planning Commission recom- mends approval subject to conditions, and that no grading is allowed until grading and hydrological conditions have been met. Comments: 8 City Council Meeting Minutes March 20, 2006 Draft Millar: Expressed concern about high density. Albrecht: Replied that in exchange, an additional eight acres of upland area are fragment areas that could be consid- ered green belt, which probably would not have been made into a park in a conventional development. Millar: Stated that it is good to preserve trees as much as we can, but has concem about traffic through the neighbor- hood and questions whether the City is receiving permanent benefit when compared to the high density. Dornbush: Expressed similar concerns. Stated she like a lot of the plan and believes it would be nice to have trails connected around the south end to Spring Lake Regional Park. Asked if the County wanted trails in the park on that end. Kansier: Replied that the County previously indicated they did not want direct access, but she believes they are revisit- ing that. Stated that it could be added as a condition. Dornbush: Believes it would be a nice amenity and assumes a trail could be placed on the back edge of properties without encroaching very far on the lots. Asked if there is room for replacement trees to be planted on the property. Kansier: Indicated the public park area where some of trees would be placed and stated that some may go on lots. Dornbush: Commented that perhaps replacement trees could be exchanged for a trail that would go on south side of development. Stated she would like funds for the park to be enough to cover the cost of the playground equipment. Kansier: Clarified whether funds should cover playground structure of about $40,000-45,000. Dornbush: Stated the City could install and have the developers compensate us. Albrecht: Stated the issue of development of the park including the play structure is about $90,000. The play structure is about $45,000. The development contract would recommend that they pay the City. Need the Council to define in a motion whether it wants the entire amount or just for the play structure. Dornbush: Reiterated that the path should go all the way around and with that, would agree to $45,000 and the city putting in the play structures. LeMair: States he likes the changes in the density and that it allows for some smaller lots that are probably priced dif- ferently to allow some opportunities for swing in values of homes in the community. Wonders about traffic on North- wood Road and assumes that the road design will be sufficient to handle it. Noted the benefit from the wetlands, which is important as it pertains to the watershed district. Concerned that the County might not want a trail to the park and agrees that should be revisited. Believes the City could ask for additional funds for development of the park. Albrecht: Replied that Three Rivers District controlled the park land before and wanted restricted access. The new committee that works with park access is actively looking for ways to tie neighborhoods into the park. LeMair: Clarified that there should be additional funds for the development of that park based on the fact that we are granting an additional 30 lots to build on. Erickson: Expressed concern about traffic and asked about the plan for the intersections for the two roads that connect to Northwood. Albrecht: Replied there would be a stop sign on the liT" leg of the intersection, and the future collector road in Stemmer Ridge must be considered to see what traffic it takes off this road. The City will evaluate if additional stop signs are needed. Noted that the roadway is designed to handle the traffic. Erickson: Believes the intersections on the incline on Northwood are potentially dangerous. Asked if Fremont is de- signed for the additional volume. Albrecht: Affirmed and noted that Fremont and CR 82 will become a three-quarter access, and the Stemmer Ridge road is being designed to take some traffic off Fremont. Erickson: Expressed concern that the sidewalks end before Northwood and there are a lot of young children in that area and asked what the plans are to extend sidewalks through Fremont to CR 82. Albrecht: Replied there are plans to do sidewalks in segments on Fremont between now and 2008. Noted that this park serves Northwood and Glynwater. People will come from greater distances to this park using car and bike. The pedestrian traffic on Northwood will be considered when constructing the CIP this summer and sidewalk completion may be moved up. Erickson: Clarified that two areas now cul-de-sacs are being tumed into feeder roads. Albrecht: Affirmed that they were originally designed to function that way. 9 City Council Meeting Minutes March 20, 2006 Draft Erickson: Noted that one of them doesn't have sidewalk and without it there would be a gap of about six homes with- out a sidewalk. Albrecht: Believes the sidewalk should be a city project and if the Council believes sidewalks should be put through as part of this project, we should require the developer to dedicate the funds and the City should do the project. Erickson: Concurred, and believes the sidewalks should be put all the way through. Asked what the timeline is before the other road is in place to relieve pressure on Northwood. Albrecht: 2008 or 2009. Erickson: Asked what the anticipated build-out date of this project would be. Albrecht: Replied that he expected 2008. There are three different developers so he is unclear of when they each plan to do their phase. Pace: Asked if we want the phasing plan to be one of the conditions. Kansier: Agreed to add it. Haugen: Commented that it is great to see a coordinated effort by several developers and believes that life-cycle hous- ing is a positive thing. Noted that tree preservation and trails are positive and need to be tied to the PUD to make it hap- pen. Asked if there is appropriate park access and parking for cars. Albrecht: Agreed parking stalls, including ADA stalls, would be needed since the park will serve a large area. He dis- played parking areas in other City parks that do not have athletic fields. Stated that park access should be large enough to allow a vehicle in for trail maintenance. Haugen: Reinforced that with the addition of thirty lots to the PUD, expecting developers to develop the entire park is reasonable. Stated that the development will not exceed the capacity of Northwood Road so it is not creating an unsafe environment. Kurt Larson, Cardinal Development Group, stated that the park was discussed at two neighborhood meetings and the comments were to not have it be a destination park due to traffic concerns. An access from the south side would create a 175' driveway into a small parking lot that would serve only 10-12 cars. Believes it would create too much impervious surface. Noted that only four parks in Prior Lake have parking lots, which are attached to a street, rather than being inside a neighborhood. A trail on the south side would include steep grading which might exceed ADA standards. Believes that access through the Scott County park with its higher plateau would be more suitable for a trail system. Frank Blundetto, Manley Land Development, commented that the 30 additional lots of the PUD layout actually cap- tures about 30 additional acres of open space for people to use. Stated he does want a connection to the regional park. Noted that the PUD provides for 600 less feet of road space and much less tree removal. Millar: Would be amenable to greater density if it truly contributed to life-cycle housing, but $400,000 is not a starter home. Agreed that it makes sense that a PUD leaves more open space, but noted that it also increases value to the developer; and if a PUD creates higher density, then it is important to give something back. Blundetto: Replied that they are not asking for a PUD for more density, but because it provides 30 acres of open space that allows the public to use green space they otherwise would not have. LeMair: Noted the City has not asked a developer to pay for the whole park in a PUD before and that the City is getting a lot of good things. Questions not having any parking spots. Blundetto: Reiterated that the neighborhood meetings revealed they did not want parking. LeMair: Replied that it is a community park and everyone needs access. Millar: Stated he sees the project going forward, but the City needs to be careful about granting PUDs for higher den- sity. Haugen: Stated that the public is benefiting by having open space, trail arrangement, select tree removal, and a larger neighborhood park - not a community park. Stated that this is beyond a neighborhood park, so we have to be sensitive to access by the broader community. The density aspect makes good use of the land and preserves more open spaces. Concerned about access to maintain the park. Considered deferring the project to resolve the final issues. 10 City Council Meeting Minutes March 20, 2006 Draft Blundetto: Stated he would prefer having the issues addressed as conditions that could be acted upon tonight. Asked for the latitude to work out the issues with staff. Pace: Responded that the Council cannot delegate creating the conditions to the staff and the issues for negotiation should be identified. Haugen: Listed the issues as access to trails for maintenance, a southern trail to Spring Lake Regional Park, control of park development by the City, and funds for playground equipment that is compatible with City standards, installed by the City. Blundetto: Asked that the direction be given as a condition. Pace: Responded that it would have to be specific, i.e. identify an access to the park, identify where and how a trail could be built, etc. Erickson: Stated that the extension of the sidewalk to Northwood should be added. LeMair: Responded that the developer has no control over people's land. Erickson: Agreed, but suggested including the funds to install the sidewalks. Blundetto: Stated that they had spoken with neighbors from Hawk Ridge about a sidewalk and there was disagree- ment about where it should be, etc. Erickson: Remarked that a sidewalk isn't for the person who lives there, it is for the people who walk or bike along the road. Dornbush: The location of the sidewalk could be determined by continuation of the sidewalk from the development. Albrecht: Stated that all of these conditions have been dealt with on other developments and his concerns are with the dollar amount for the park equipment. Can work out the access issue. The trail can be worked on and justified at final plat stage. Dornbush: Believes the grading issues can be worked out. Pace: Need to put those as conditions. Albrecht: Agreed the staff could look at the feasibility of the extension of sidewalk and have a dollar amount escrowed to extend the sidewalk in that location. Pace: Stated that if it is not a condition in the preliminary plat, it cannot be imposed as a condition in the final plat. Blundetto: Asked that the language for playground equipment state the intent such as getting like equipment rather than a dollar amount, which would allow for bidding for it and not spending the full amount if a favorable bid is received. Understands that the park dedication fee is to develop parks, but that they had been asked to give more for equipment. Noted that the PUD gives the City much power, but the developers were giving land in lieu of cash and are also paying to construct the trails. Haugen: Stated there should be $45,000 in escrow to provide equipment consistent with other City parks. Albrecht: Agreed it could be bid competitively and if the equipment comes in for less money, the balance can be re- turned. A resident approached the microphone and Mayor Haugen advised them that this was not posted as a public hearing and the Council cannot enter into conversation with the public about it at this time. Pace: Stated that there was a public hearing process before the Planning Commission and that record is the public hearing record. It is unfair to other citizens who didn't show up to take comments at this time. Noted that the Council has the right to ask questions of people, which is what they did with the applicants to answer speCific questions about the PUD. Any input the resident wishes to give can be directed to the staff. Kansier: Clarified added conditions to be: 1) work with staff to include a driveway access to the park; 2) staff and de- veloper to look at feasibility of a trail on the south side of property; 3) review the feasibility of extending sidewalk along both streets to Northwood Road with developer paying the costs; and, 4) submit cash escrow not to exceed $45,000 for playground equipment. 11 City Council Meeting Minutes March 20, 2006 Draft MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE ORDINANCE 106-05 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-039 APPROVING THE PRELIMINARY PLAT OF "NORTHWOOD MEADOWS" SUBJECT TO THE CONDITIONS OUTLINED HEREIN AND ADDITIONAL FOUR CONDITIONS ADDED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution to Approve Plans and Specifications and Authorize Staff to Advertise for Bids for Jeffers Pond Park Improvements as Identified in the 2006-2010 Capital Improvement Program. Park and Fleet Supervisor Friedges explained areas of the trail planned to be completed in 2006 and displayed park- ing lot areas, picnic shelter and play structures proposed for construction. Comments: Erickson: Asked if any bathroom facilities are planned. Friedges: Replied that it typically would be portable toilets inside of a cedar enclosure. Erickson: Asked if all the parks have portables. Friedges: Replied they usually were placed in parks used by PLAY and that this park could also have one. LeMair: Asked about the proximity of the park to the fields behind the school. Friedges: Displayed the proximity on the map. LeMair: Asked if there would be bathroom facilities near the ball field by the school. Albrecht: Replied that there may not be and that we could add this site to the bid for portables this year. Dornbush: Asked if we were borrowing from budgets for parks that are not ready for development and whether it would add to taxes. Albrecht: Replied that the budget is balanced between what is accelerated and what is delayed. Haugen: Asked if there would be any adverse impact on the parks that are not ready yet. Albrecht: No. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06-040 TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR JEFFERS POND PARK IMPROVEMENTS AS IDENTIFIED IN THE 2006-2010 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Status Report from the Water Treatment Plant Building Committee. Public Works Director Albrecht identified the issues for which the committee wants to receive Council input as whether or not to hold a referendum regarding building a water treatment plant, and to solicit citizen membership on the committee. Comments: Millar: Stated he is satisfied with having a town meeting. Dornbush: Believes a referendum would be a better vehicle for citizen input, but does not want to risk losing tax ex- empt status of the bonds. LeMair: Commented that the longer we take, the more we could jeopardize our water supply. Made the decision some time ago to build the treatment plant and have adjusted the rates to pay for it. Erickson: Don't see a need for a referendum on this issue. The City has a responsibility to provide clean water. Haugen: Stated that in addition to clean water, there is a safety issue for the fire department to provide public safety- need to have storage capacity. Believes a town meeting is fine for citizen input. 12 City Council Meeting Minutes March 20, 2006 Draft MOTION BY LEMAIR, SECONDED BY MILLAR TO DIRECT STAFF TO SCHEDULE A TOWN MEETING FOR THE WATER TREATMENT PLANT, AND TO SOLICIT AND INTERVIEW APPLICANTS FOR TWO RESIDENT POSITIONS ON THE WATER TREATMENT PLANT COMMITTEE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding a Request for Installation of a Patio Area at the Ponds Athletic Com. plex and for Installation of a Sidewalk Along Wildwood Trail. Parks and Fleet Supervisor Friedges outlined the requested installations and stated that P.L.A.Y. would donate $5,000 toward the concrete patio at the Ponds. Comments: Erickson: No questions. LeMair: Stated that a sidewalk is needed and the patio is a good idea. Asked why this project didn't have a sidewalk originally. Albrecht: Replied that the work was done in the 1990s and current development would require a sidewalk. Dornbush: Asked if the developer who built it could provide any funding. Teschner: Replied that the original fees were collected and the City cannot collect on it any longer. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.041 AUTHORIZING EXPENDITURES FOR INSTALLATION OF A PATIO AREA AT THE PONDS ATHLETIC COMPLEX. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.042 AUTHORIZING EXPENDITURES FOR INSTALLATION OF A SIDEWALK ALONG WILDWOOD TRAIL. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding Change of Elections from Odd Years to Even Years. Finance Director Teschner presented the report and referred to pertinent statutes while explaining the advantages and disadvantages. Noted that current terms would be extended by one year across the board to accommodate the change of election year. Asked the Council if they wanted to have a town meeting to solicit public input regarding the change. Comments: Millar: Believes an even year will encourage greater turnout and should save money. Noted it would also reduce sign- age by not having elections in the odd year. Dornbush: Expressed concerns about having an informed electorate. Stated that candidates have to get the word out about their stance on the issues and voters would be informed. LeMair: Commented that any savings we can incur is beneficial including a savings of time. Seems everyone agrees the object is to get people out to vote. Erickson: Agrees with having even-year elections, but concemed about having the Council extend their terms by one year and believes implementation should begin with the 2011 election so that the voters know when they are voting that it would be for a five-year term. Millar: Replied that the issue is not about extending terms and deferring to 2011 is too long. Noted that if there were serious concerns, it would come to a referendum. Erickson: Thought that a referendum was not an option. Millar: Replied that if more than 250 people request it, a referendum is an option. Haugen: Suggests the town meetings. Advised caution about having too many town meetings, as they typically are not well attended and the more that are held, the fewer people will attend. Suggested having the town meeting incorporated 13 City Council Meeting Minutes March 20, 2006 Draft into the Council meeting, and spoke of the need to be sensitive to the bum-out effect on staff people who are attending the town meetings. Erickson: Asked if it would be a public hearing. Haugen: Responded that it could be formatted that way. Millar: Noted that an advantage would be televising it. Haugen: Commented on the heritage farmstead town meeting and that it would have been nice to have that televised. Dornbush: Agreed with earlier comment that people voted them in for four-year terms. MOTION BY MILLAR, SECONDED BY ERICKSON TO ACCEPT THE REPORT AND DIRECT STAFF TO PROCEED WITH ACTION STEPS AS OUTLINED. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY ERICKSON, SECONDED BY DORNBUSH TO HAVE A PUBLIC HEARING AT THE APRIL 17, 2006, MEETING TO DISCUSS MOVING THE ELECTION TO EVEN-YEAR ELECTIONS. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding Short Term Plans to Address Downtown Parking Concerns. Economic Development Director Snook presented a map showing current parking spaces in the downtown area, and commented on the need to identify how new development would impact future parking. Comments: Erickson: No questions. LeMair: Agreed that we need to continue fine-tuning the parking. Dornbush: Asked how many meetings the task force would need. Haugen: Suggested joining this committee with the downtown redevelopment committee. Boyles: Noted that the downtown redevelopment meetings are contemplated for late afternoon and not having a series of meetings; but rather having participants identify what they can do to improve the downtown parking issue. Dornbush: It is a concern and needs to be addressed. Millar: Will support this. Haugen: Since there is a meeting planned with the downtown people, perhaps we should pull the Economic Develop- ment Committee and the Downtown Redevelopment Committee together to make a joint presentation. MOTION BY DORNBUSH, SECONDED BY MILLAR TO ACCEPT THE REPORT AND DIRECT STAFF TO DEVELOP AND WORK ON A TASK FORCE WITH BUSINESSES. DEVELOPERS AND CITY COUNCIL REPRESENTATIVES TO DEVELOP A SHORT TERM PLAN TO IDENTIFY AND ADDRESS DOWNTOWN PARKING CONCERNS, AND TO APPOINT TWO COUNCILMEMBERS TO SERVE ON THIS TASK FORCE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of Resolutions Authorizing the Decertification of TIF District 2.5 (EM Products); TIF District 2.6 (NBC); TIF District 2.7 (Award Printing); and TIF District 2.8 (Hansen). Economic Development Director Snook stated that it had been the City's obligation to provide Tax Increment Financ- ing for certain eligible expenses; and those obligations have been met and the districts should be decertified. Comments: None. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.043 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 2-5 OF THE CITY OF PRIOR LAKE. 14 City Council Meeting Minutes March 20, 2006 Draft VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.044 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 2-6 OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.045 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 2-7 OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Dombush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.046 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 2-8 OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Haugen: Commented that $100,000 in tax revenue would be received in 2006 from the businesses that were supported with these TIF districts. Consider Approval of a Resolution Recommending Increased Traffic Enforcement Funding for CR 21 and Other Roadways. Public Works Director Albrecht reported that the accident reduction zone on CR 21 was successful, but that officers had to be moved from their regular enforcement a couple of days a week to conduct this enforcement and most of it was done during off-peak hours. Stated that the City is working on an overall plan for an accident reduction program. Comments: Millar: Stated that it is a safety issue and he will support it. Dornbush: Asked what the proposed end date is. Albrecht: Replied that the ARZ is planned for CR 21 for 2007, but if it is successful it could be carried over. LeMair: Will support. Erickson: Commented that perhaps some day we might have a traffic patrol officer. Believes this resolution should give flexibility to the Police Chief to allocate the expenditure. Suggested an amendment to remove the sentence, "A maximum of $2,000 may be utilized for neighborhood enforcement." Haugen: Asked if we are closer to a lighted stop sign at Main and CR 21. Albrecht: Believes the County is close to bidding and approving a sign. MOTION BY DORNBUSH, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06.047 TO APPROVE INCREASED TRAFFIC ENFORCEMENT FUNDING FOR CR 21 AND OTHER ROADWAYS AS AMENDED TO REMOVE THE SENTENCE "A MAXIMUM OF $2,000 MAY BE UTILIZED FOR NEIGHBORHOOD ENFORCEMENT." VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. OTHER Economic Development Committee. Dornbush: Stated she would like to see more active recruitment for that committee. Haugen: Stated that a list of people to contact has been compiled. Time Parameter for Council Meetings. Haugen: Suggested that the Council appoint himself and City Manager Boyles to discuss alternative time parameters for Council meetings including the possibility of daytime or late afternoon meetings. Believes the lateness of the meet- ings is not appropriate. 15 City Council Meeting Minutes March 20, 2006 Draft Erickson: Agrees there should be some rearrangements, but it would be a hardship to go to daytime meetings for those who have full-time jobs. LeMair: Stated that he would hate to give up a day for a meeting, but the lateness of the meetings means he will be "shot" on the following day anyway. Millar: Stated that the Council needs time to do the people's business. Haugen: Commented that the County meets at 9 a.m. and does the people's business during the day. LeMair: Noted that Council members are tired and not as sharp for making decisions during late hours. Dornbush: Agreed it should be looked into. Executive Session Regarding Pending Litigation with Ryan Contracting. A recess was called for an executive session so the Council could discuss with attomeys the status of pending litigation with Ryan Contracting. Following the session, Mayor Haugen reconvened the meeting and announced that no action was taken, and this item would be placed on a future agenda for discussion. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by Erickson. With all in favor, the meeting adjourned at 12:57 p.m. Frank Boyles, City Manager Charlotte Green, Recording Secretary 16