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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 18, 2006 8:00 p.m. Fire Station No.1 Fall Community Fest 6 p.m. Prior Lake High School 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 SEPTEMBER 5,2006, 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 Reports. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of a Resolution Approving the Final PUD Plan for Jeffers Pond 3rd Addition. G. Consider Approval of a Resolution Approving the Final Plat and Development Contract for Jeffers Pond 3rd Addition. H. Consider Approval of a Resolution Authorizing the Advertisement for Bid for Replacement of County Road 21 Street Lights Part of the County Road 82 Reconstruction Project. I. Consider Approval of a Resolution Authorizing the Purchase of One Rear Boom Flail Mower Through the Minnesota State Cooperative Bid Program. J. Consider Approval of Temporary On-Sale Intoxicating Liquor License for the Church Of St. Michael. K. Consider Approval of a Resolution Ordering the Preparation of a Feasibility Report for Reconstruction of County Road 21 and the Reconstruction of County Road 12/Trunk Highway 13 Intersection. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. Report on the Status of County Road 21 and Jeffers Pass/Coachman Lane Intersection. B. Proclamation Affirming Prior Lake as an Activity-friendly Community. 8. PUBLIC HEARINGS A. Public Hearing to Consider Approval of a Resolution Approving The Vacation of The Existing Drainage and Utility Easement Located on Outlot G Jeffers Pond 1st Addition. B. Public Hearing to Consider Approval of the Issuance of an On-Sale Intoxicating and Sunday Liquor License For JKL Captain Jack's LLC dba Captain Jack's. 9. OLD BUSINESS A. Consider Approval of a Resolution Authorizing Construction of a Brine Addition to the Sand/Salt Storage Building at the City's Maintenance Facility. B. Consider Approval of a Resolution Awarding a Contract for Audio Video Equipment for the City Hall / Police Station. 10. NEW BUSINESS A. Consider Approval of a Resolution Amending the City's 2007-2011 Capital Improvement Program with Respect to Heritage Farmstead, PAR Task Force Report and Welcome Avenue. 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 September 5,2006 Draft REGULAR COUNCIL MEETING MINUTES CALL TO ORDER: Present were Mayor Haugen, Councilmembers Erickson, LeMair and Millar, City Manager Boyles, City Attor- ney Pace, Public Works Director/City Engineer Albrecht, Finance Director Teschner, Planning Director Kan- sier, Planning Coordinator Moore, Fire Chief Sames, Communications Coordinator Peterson and Administra- tive 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. Speakers receive a maximum of ten minutes; less if there are more than three speakers. 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 govern- mental 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. Comments: No person stepped forward to speak. APPROVAL OF AGENDA: Councilmember LeMair requested the addition of item 7 A, a discussion about Jeffers Pond Elementary School traffic issues. MOTION BY DORNBUSH, 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 LEMAIR, SECONDED BY MILLAR TO APPROVE THE AUGUST 21, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. Dornbush abstained due to her absence at the August 21,2006, 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 Change Order #4 for the Police Station - City Hall Building Project. C. Consider Approval of Resolution 06.157 Approving an Encroachment Agreement for the Subdivision Sign Located on City-owned Property at Belmont Estates. D. Consider Approval of Resolution 06.158 Approving the Final PUD Plan and Contract for Develop- ment of Land as a Planned Unit Development for Northwood Meadows. E. Consider Approval of Resolution 06.159 Approving the Final Plat and Development Contract for the Coves of Northwood Meadows. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes September 5, 2006 Draft F. Consider Approval of Resolution 06.160 Approving the Final Plat and Development Contract for the Villas of Northwood Meadows. G. Consider Approval of Resolution 06.161 Approving the Final Plat and Development Contract for the Bluffs of Northwood Meadows. H. Consider Approval Of a Resolution Authorizing the Mayor and City Manager to Enter Into a Modified Version of the City's Standard Purchase Agreement for the Sale of 16675 Franklin Trail in Connection With the Development of a Two-Story Office/Retail Building by Village Commerce Building, LLC. I. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agree- ment with ISD 719 for a School Resource Officer. Mayor Haugen requested removal of item 5H, Consider Approval Of a Resolution Authorizing the Mayor and City Manager to Enter Into a Modified Version of the City's Standard Purchase Agreement for the Sale of 16675 Franklin Trail in Connection With the Development of a Two-Story Office/Retail Building by Village Commerce Building, LLC., and item 51, Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with ISD 719 for a School Resource Officer, from the consent agenda. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. Mayor Haugen stated that he and Councilmember LeMair would recuse themselves from voting on agenda item 5H due to their financial interest in the project. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.162 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A MODIFIED VERSION OF THE CITY'S STANDARD PURCHASE AGREEMENT FOR THE SALE OF 16675 FRANKLIN TRAIL IN CONNECTION WITH THE DEVELOPMENT OF A TWO-STORY OFFICE/RETAIL BUILDING BY VILLAGE COMMERCE BUILDING, LLC., VOTE: Ayes by Dornbush, Erickson and Millar. Haugen and LeMair abstained. The motion carried. City Manager Boyles commented on the role of the school resource officer. Stated that the school district experienced budget cutbacks and had difficulty providing financing for half the cost for this officer. The Prior Lake Rotary and Prior Lake Optimists donated monies to pay for half the cost of the position. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.163 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ISD 719 FOR A SCHOOL RESOURCE OFFICER Millar: Thanked both of the service organizations for their generosity in funding half of this position. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. 2 City Council Meeting Minutes September 5, 2006 Draft PRESENTATION Jeffers Pond Elementary School Traffic Issues Councilmember LeMair spoke of his experience at Jeffers Pond Elementary parent day with parking prob- lems, traffic flow, children crossing the highway, trucks exiting the construction area and buses attempting to exit the school property. Stated he believes the city needs to take action to avoid accidents in the area. Boyles: Stated this matter has been taken to the County indicating concern about the intersection and the County has met with the school district to discuss it. O'Rourke: Stated an officer will be on site to help direct traffic from 8:15 - 9 a.m. and 3 - 3:30 p.m., but that if an emergency arises elsewhere the officer would have to leave the school site. Also stated it is not a safe condition for the officer to direct traffic in a 55 mph zone and it is questionable whether or not one officer can handle it. Believes conditions are exacerbated because people are not using the detour set up for the road reconstruction. LeMair: Asked if the County could dedicate some manpower on that road. Millar: Asked about temporary speed reduction for the area. O'Rourke: Believes a stop light and a crosswalk button for the intersection would be most effective and stated that it is the County's decision to reduce the speed limit. Haugen: Noted that the city has had conversation with the County about the importance of traffic control for the area and not allowing Prior Lake to be the short cut from 1494 to 135. Noted that this experience was not a normal school day and the traffic should be re-examined when students are brought by buses, not by par- ents. Erickson: Commented that the school is busing students because they don't want them to cross that street and it should be an educational item for parents to have kids on the buses. LeMair: Noted that older kids have bikes and the nicest playground is across the street. Erickson: Stated he learned that to build an overpass would be $1 million and asked if that would be a county expense or city expense. Asked if the goal of the officer on site would be to assist pedestrians or to direct traffic. O'Rourke: Replied that part of the goal will be to assist vehicles to get onto CR21. Erickson: Asked if right-in, right-out signage would be helpful. O'Rourke: Affirmed and noted there were probably other engineering alternatives. Dornbush: Asked if the city can bring pressure on the County to improve the situation. Haugen: Assured that the engineers are working in concert to get at solutions. Albrecht: Related the history on this school site and that concerns have been expressed for over two years. County said they would not pay for traffic control, but the school district accelerated the project and discussed speed zones and other issues with the County. Stated the County believed that a school in that location would be a problem. Traffic numbers may not ever warrant a signal at that intersection, but political activism may dictate a change. MOTION BY ERICKSON, SECONDED BY MILLAR TO DIRECT STAFF TO BRING A REPORT BACK TO THE COUNCIL AT THE SEPTEMBER 18, 2006, MEETING WITH AN UPDATED ANALYSIS OF THE SITUATION IN THAT AREA. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Concept Plan - Monnen's Property Planning Coordinator Moore presented the concept plan for Monnen's property and introduced developer Brian Sullivan of Ryland Homes. 3 City Council Meeting Minutes September 5, 2006 Draft Comments: Millar: Agreed with the idea of bringing in new homes at a lower cost and asked about the location of the trail. Sullivan: Displayed maps and noted the trail would be taken to the intersection of Hwy 13. Millar: Asked about ponding. Sullivan: Replied that if it is required, it would be placed in the green space depicted on the map. Millar: Commented that the plan is in line with homes across Hwy 13. Dornbush: Stated she likes the house designs and noticed the buffer zone planned along Hwy 13. Sullivan: Related the plan for berming and a retaining wall and pointed out that they tried to avoid a row of the backs of homes along Hwy 13. Dornbush: Asked about money for park improvements and suggested the money could be dedicated to the Heritage Park plans. LeMair: Asked how far Willow Park is from this development. Moore: Displayed Willow Park on the map. LeMair: Stated concerns about children crossing 170th Street to get to the park, that he liked the develop- ment and homes under $400,000 would be good; asked about size of homes. Sullivan: Responded they would range from 2,200 to 3,300 square feet. LeMair: Asked about average lot size. Sullivan: 60' X 120'. LeMair: Stated it is a good concept, but he is not sure it fits into lower-end housing. Erickson: Stated he would like to see the park dedication fees go to the local park. Commented that the trail through Pheasant Meadows is popular and asked what the surface of this trail would be. Sullivan: Asphalt. Erickson: Asked about the structure in the naturalized space. Sullivan: Replied it is a pergola for a rest area. Stated that the trail is available for everyone and an exten- sion of the city trails. Haugen: Asked if the trail is sufficient to sustain the weight of a fire truck. Sullivan: Clarified that it could be used as an emergency access. Haugen: Asked if headlights of cars using the street could cause confusion for drivers on Hwy 13. Sullivan: Replied that a berm with landscaping on it was planned in the green space which should obstruct the headlights. Haugen: Stated that in his opinion berming would be required. Expressed the positives as being the tandem garages, corner lot styles, diversity in style of homes, and price point, and the negatives as having no park. Asked Sullivan why it should be a PUD and what the city would get in return that would be either unique or creative. Sullivan: Replied that it is the lower price point for houses with this plan. Haugen: Invited Sullivan to work with staff to maximize the development for all concerned. Sullivan: Stated that park improvement money could be for a tot lot and playground equipment. Haugen: Agreed that the development might include families with younger children that need a safe park. Millar: Asked what is meant by the base price of the homes. Sullivan: Replied that buyers could move in, but the home would not include upgrades or a finished base- ment. 4 City Council Meeting Minutes September 5, 2006 Draft Consider Approval of a Report from the Tree Preservation Task Force Planning Director Kansier spoke of the mission of the task force being to consider shortcomings in the exist- ing tree ordinance and recommend amendments. She explained the process that is proposed for working with developers to administer the tree preservation ordinance and highlighted the differences between the existing and the proposed ordinance. Comments: Dornbush: Thanked members of the committee for the work done and commended staff for developing the inventory of high quality natural areas. Referred to the section of Allowable Tree Removal, part b, c and d, and recommended the allowable tree removal amount be established at 30 percent. LeMair: Stated that compromises were made by both the city and builders and will support the plan. Rec- ommended the allowable tree removal amount be established at 35 percent. Erickson: Complimented the committee on a job well done. Millar: Stated he likes the flexibility of the plan and supports 35 percent. LeMair: Asked if parks and playgrounds are exempt from tree replacement. Kansier: Replied that park ordinance already calls for 10 percent flat upland. Noted that the city is looking at areas for parks just to preserve the trees. Dornbush: Replied that aspect was not covered by the committee. LeMair: Commented that if it is creating an environment that is good for the community, it would be benefi- cial. Haugen: Noted that roads are not included in the area to be calculated for allowable tree removal. Kansier: Stated the city is exempting roads, utilities, and stormwater ponds. LeMair: Commented that he could agree to 30 percent if parks are considered. Haugen: Stated this plan included the input of the developers and citizens and that it was good to find com- mon ground which would assist in success over time. MOTION BY DORNBUSH, SECONDED BY ERICKSON TO ADOPT THE REPORT, ESTABLISH THE ALLOWABLE TREE REMOVAL AMOUNT AS THIRTY (30) PERCENT AND INCLUDE PARKS AS EXEMPTED AREAS FROM THAT CALCULATION, AND MOVE THROUGH THE PROCESS OF A PUBLIC HEARING AND ORDINANCE AMENDMENTS BROUGHT BACK TO THE COUNCIL FOR APPROVAL. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. Resolution Affirming Activity.friendly Commitments - Steve Kramer Steve Kramer, local chiropractor, explained the Wellfit program and encouraged the Council to adopt the President's Challenge. Representative Michael Beard was in attendance and spoke to the Council. Comments: Millar: Will accept the challenge and stated the community needs to highlight these types of programs. Dornbush: Will take the challenge. LeMair: Will accept the challenge and stated that getting kids outside and away from the TV is good and the presidential badge really motivates kids to participate. Erickson: Noted that the YMCA is involved and asked if other groups are also. Kramer: Replied that other businesses can still step up and participate as sponsors. Haugen: Has already signed up and indicated that a proclamation would be prepared for the September 18 meeting. 5 City Council Meeting Minutes September 5, 2006 Draft Beard: Thanked the Council for considering this endeavor. Noted that legislature is concerned about fitness of children and that the Governor's team has adopted it and encouraged schools to take it on. He congratu- lated school district 719 for adopting the program. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.164 AFFIRMING ACTIVITY-FRIENDLY COMMITMENTS. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. Millar: Invited Kramer to return to the Council in six weeks to report on how everything went. PUBLIC HEARING: Continuance of Public Hearing to Consider the Proposal to Adopt a Street Reconstruction Plan and Issue General Obligation Street Reconstruction Bonds Public Works Director Albrecht reported that this agenda topic was brought to the August 21, 2006, Council meeting and the Council determined the public hearing should be continued on this date since action to move forward would require a 5-0 vote and one councilmember was absent at the August 21, 2006, meeting. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO REOPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried and the public hearing re-opened at 8:16 p.m. Albrecht: Explained general obligation bonding as an option for funding street reconstruction projects that do not benefit a specific neighborhood. Identified the projects for which this option could be used. Comments: No person stepped forward to speak. MOTION BY LEMAIR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried and the public hearing closed at 8:22 p.m. Comments: Erickson: Stated this looks like a good funding alternative and noted money could be saved by not having a second sidewalk on CR 12. LeMair: Stated these are important projects and he looks forward to having them completed. Dornbush: Stated she likes having the city in charge of the bonding process. Millar: Noted there are some long overdue projects on the list. Haugen: Commented that he likes the defined, systematic approach to getting at street reconstruction pro- jects. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.165 ADOPTING THE STREET RECONSTRUCTION PLAN AND THE INTENT TO ISSUE GENERAL OBLIGATION STREET RECONSTRUCTION BONDS VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. 6 City Council Meeting Minutes September 5, 2006 Draft Town Meeting - Fire Safety and Service Referendum City Manager Boyles introduced the Heroes Amona Us video and explained that it was prepared for fire fighter recruitment and to honor the bravery of the men and women who are committed to keeping our com- munity safe. He announced that the referendum question will be on the ballot with the Primary Election on September 12. Described the satellite fire station and aerial platform fire truck that is proposed. Also com- mented that the Allina ambulance service would use space in the new building. He listed the anticipated cost of the fire station and the truck and the anticipated cost to the taxpayer. Fire Chief Sames responded to ques- tions. Comments: John Myser, 16015 Northwood Road, expressed gratitude to fire fighters and stated that voting no does not diminish their efforts. Believes the proposed station and truck is a duplicate of building and equipment that SMSC already has in the same location. Believes there should be an agreement with SMSC to provide the service at least in the short term. Asked why the referendum is being conducted at the primary election rather than the general election. Believes fewer citizens vote at the primary and could have had higher voter turnout at the general. Roger McBride, 5518 Lost Horizon Circle, stated that he checked with other communities and only one had a full-time department, several refurbish old trucks to bring them up to current standards. Visited with SMSC and learned that they have the largest ladder truck in the state and that they said they would respond to any community that asked for help. Stated he is not convinced the proposed location would save time as firefight- ers that live on this side of the lake would have to go across lake to respond. Questioned the amount of in- crease in the number of fire calls and asked what the costs would be associated with running the new build- ing. Sames: Responded that 15 firefighters could respond to the new station more quickly than to the current sta- tion. Noted that the SMSC has a paid, staffed fire department of four people whose responsibility is to handle the casino and reservation primarily for medical calls, and there is no guarantee they could respond to the city's fire calls faster than our own department as they have their own commitments. Noted that the city and SMSC have a good working relationship and are parties to a mutual aid agreement. Believes it is best for the community to be responsible to protect our own community rather than rely on other communities to protect us; and that SMSC is not under any statute to provide emergency services, but by statute it is the city's re- sponsibility to service them. Stated that the city needs to recruit more fire fighters and continue to maintain good response times, but there is no room to house more firefighters. This project is not being fast-tracked as the need for the station was identified in 1993 with a recommendation to build it by 1995. Myser: Asked if the city could provide fire fighters and use the SMSC building and equipment. Sames: Replied that it is not possible to send volunteers into a paid station to work because of liability, dif- ferent operating guidelines, different procedures, and different training. Noted that the Fire Department began mutual aid in the 1930s and that joint powers agreements with other cities are similar to the mutual aid agreement with SMSC. Expressed the need to continue to provide resources in order to be able to retain a volunteer department and that, in his opinion, simple economics suggests providing the additional station and equipment. Stated his pride in every firefighter and that the city puts a lot of faith and responsibility in the fire- fighters. Haugen: Asked Sames to talk about the aerial platform truck. Sames: Described the condition and operation of the currently owned 75-foot ladder truck. Described the technological advantages of the proposed aerial platform fire truck and proposed that it would be more versa- tile and safer for both fire fighting and rescue operations. 7 City Council Meeting Minutes September 5, 2006 Draft Haugen: Asked how many other communities with our growth and type of buildings have a platform truck. Sames: Listed several cities in the metro and outlying area and noted that for larger fires, more than one truck is needed and neighboring communities combine resources to fight those fires. Boyles: Stated that the referendum does not ask for land cost since the land at Jeffers Pond was donated by Wensmann Development. RECESS Mayor Haugen called for a recess at 9:17 p.m. RECONVENE The meeting reconvened at 9:28 p.m. OLD BUSINESS: Consider Approval of a Resolution Approving a Master Development Plan for Heritage Farmstead City Manager Boyles reviewed the purpose of the Heritage Committee and updated the Council on previous action regarding the site currently being identified as the Heritage Farmstead. Boyles introduced Bruce Chamberlain of HKGI who reviewed the master plan proposed for that site. Comments: Millar: Commented that this project is proposed to be developed over a number of years with donations, con- tributions and grants. Believes Prior Lake is lucky to have something like this so close to a downtown area and adjacent to Lakefront Park. Believes it could be a destination spot; and that city staff has much of the talent need to complete the project. Dornbush: Expressed excitement over the project and concurred that much of it could be done over a period of time and that the potential of the site should not be ignored. LeMair: Asked if HKGI has done anything like this before and questioned parking cars in an orchard. Chamberlain: Responded that HKGI has done similar projects and that the parking lot would use new tech- nology called engineered soil that drains soil rapidly and would work well for parking cars regardless of weather. LeMair: Asked about overflow parking and where the primary parking for the site would be in the winter. Chamberlain: Replied that it would be in Lakefront Park, on gravel spaces within farmstead and in grass parking spaces within the orchard area. LeMair: Commented that he likes the gardening plots, the space for the original farmstead and the idea of the barn, but wonders how functional it is for the community to have a skating pond when there are two rinks within 600 feet and a lake nearby. Noted there are parts of the plan he would like to see more functional. Noted the Council has had discussions about a water park whereas this is something that is passive use for a select amount of people who have that interest rather than generating an overall use. Asked if a yes vote is a vote on this plan. Boyles: Responded that for this area of the park, this is the master plan, but that the park is 160 acres and some of the space has additional capacity. Noted that this portion of Lakefront Park bridges passive and ac- tive spaces and there are more active areas with the rinks, baseball fields, etc. that is not fully programmed and could be considered for more active use. Erickson: Asked about lighting for the skating pond. Chamberlain: Responded that there are items in the budget for lighting and security cameras. 8 City Council Meeting Minutes September 5, 2006 Draft Erickson: Noted that users would be at the skating pond when it is dark and believes it would have to have lighting there and in the parking area and on the paved path from Lakefront Park. Chamberlain. Replied that it is in the plan. Erickson: Asked about the proposed farm equipment and corresponding safety issues. Chamberlain: Replied the city would have to be selective and know which machinery is safer. Erickson: Asked about moving in a building for a warming house. Chamberlain: Responded that it would be a farm structure such as a grainery or a milk house which would both recreate the farmstead character and accommodate the recreational use. Erickson: Asked if the proposed windmill could actually generate electricity for the site. Chamberlain: Responded that usually they were built to pump water but there are kits to convert them to produce electricity. Erickson: Asked if the farmers market could be held at this site. Chamberlain: Replied that it wasn't part of the program list and that farmers markets are retail use and they usually want to be surrounded by other retail sales and energy such as a downtown or shopping location. Erickson: Asked if the barn would be winterized. Chamberlain: Replied that it is planned for three seasons. Erickson: Noted that it could be used for senior activities, etc., and if it were winterized he would be con- cerned about parking. Chamberlain: Agreed and stated that it would require a level of development for the driveway parking area and sidewalk access that would detract from the farmstead character. Millar: Stated that the city needs to protect its heritage and history and this land should be taken care of so the history of it is not lost. LeMair: Believes the city has done a great job of preserving parks and heritage but hasn't set aside enough space for kids to go and recreate. Stated he likes a lot of the ideas proposed but that not all are functional from a user-friendly aspect. Noted this doesn't look like the farms from this area. Millar: Replied that this will be a good re-creation of a farm and a reminder of what the area used to be as a small-town farm community. LeMair: Stated he does not believe the costs proposed for development are realistic. Chamberlain: Responded that HKGI has developed parks, landscapes and streetscapes and is accurate on cost estimates. LeMair: Believes it will cost more. Haugen: Commented that this plan would aid in tying downtown and Lakefront Park together which re- sponds to the 2030 vision and it also responds to some recommendations of the PAR Task Force to preserve open spaces and provide passive neighborhood parks and outdoor garden space. Noted we should consider where a water park could fit into Lakefront Park. Reminded the Council that the site is currently a liability is- sue and the proposed Phase I would preserve the long-term potential and eliminate the liability exposure; and that the project is proposed to be phased in with grants, donations and other contributions. Asked how the master plan would be implemented over time. Boyles: Replied that the master plan could be as flexible as the Council makes it and could be modified over time if there are new ideas. If the master plan is adopted, the city could begin integrating it into the CIP. Ex- plained that he envisions more that three phases of development and suggested taking care of the ruins and getting the barn on site on a foundation in 2007. Millar: Noted that a barn will be donated. LeMair: Agreed with both of those things and from there he would want further discussion. 9 City Council Meeting Minutes September 5, 2006 Draft Boyles: Stated that each year the CIP is updated and it is flexible enough to decide which things are going to be done. Erickson: Asked if completion of the ruins and set-up of the barn would make the space available to the pub- lic. Boyles: Agreed that the intent is to make it safe for people to walk through. Erickson: Stated the site not currently aesthetic with the fences. Boyles: Replied that the fences are there by intention as the city does not want the public there right now. Haugen: Noted that community gardens are not on the budget. Chamberlain: Responded that there is a cost involved and the gardens might be a volunteer effort. Haugen: Stated that issues about a water park need to be addressed in the future. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.166 APPROVING A MASTER DEVELOPMENT PLAN FOR HERITAGE FARMSTEAD VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report Outlining Questions and Answers Regarding Northwoods League and Recommending a Second Town Meeting City Manager Boyles outlined the proposal and reviewed the questions and answers that were posed at pre- vious meetings on this topic. Bruce Chamberlain, HKGI, displayed preliminary plans for expanded facilities. Public Works Director Albrecht spoke about parking plans. Police Chief O'Rourke spoke about traffic control and other safety issues. Economic Development Director Snook spoke about economic potential for the area. Finance Director Teschner spoke of revenue sharing opportunities as well as consideration of potential costs the city would incur with this proposal. Boyles recommended that another town meeting be scheduled for Wednesday, September 13, at 6 pm. at Lakefront Park Pavilion. Comments: Millar: Encouraged staff to distribute flyers about the town meeting to neighbors who may be affected. Dornbush: Stated she would like as much advertising about the town meeting as possible. LeMair: Stated that he still needs to see a concept plan. Erickson: Asked if facility rentals would be allowed on the days of games. Boyles: Yes. Erickson: Asked if there may be some multiple-day tournaments. Boyles: Yes. Erickson: Asked if the grant from SMSC is dependent on the Northwoods League franchise being granted. Haugen: Responded that when the request for funding was made to the SMSC, it was based upon needing improvements at Ryan in order to make the Northwoods League proposal feasible. Noted that the letter from Chairman Crooks indicated there would be a $450,000 gift for improvements to Ryan and Memorial so the letter did not indicate the donation was tied to the Northwoods League proposal, but the urgency in the re- quest was. Erickson: Stated that, therefore, he believes that Ryan will be getting lighting whether the Council approves the Northwoods League or not. Asked if any letters or e-mails were received that were not supportive. Boyles: No. Erickson: Noted that the question and answer document alluded to letters of support from businesses in Prior Lake and questioned whether the letters were only from businesses. 10 City Council Meeting Minutes September 5, 2006 Draft Boyles: Agreed the statement should have indicated the letters of support were from businesses and organi- zations. Erickson: Stated only four of the letters were from businesses and that he felt he had been mislead. Boyles: Stated it was not the intent to mislead. Snook: Noted that the Chamber of Commerce came out in support and it represents a number of busi- nesses. Haugen: Complimented staff on responding to the questions. MOTION BY DORNBUSH, SECONDED BY MILLAR TO EXTEND THE MEETING PAST 11 P.M. TO ADDRESS THE AGENDA ITEMS THAT REQUIRE ACTION AT THIS MEETING. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Adopting Proposed 2007 City Budgets and Certifying Preliminary 2007 City of Prior Lake Property Tax Levy to Scott County Department of Taxation and Determining Whether the City Should Conduct a Truth in Taxation Hearing. Finance Director Teschner informed the Council of the options of conducting a Truth in Taxation hearing or holding a public hearing in conjunction with adoption of the 2007 budget. Comments: Millar: Favors conducting a Truth in Taxation hearing even if it is not required. Dornbush: Asked about the process of the public hearing. Teschner: Replied it would be conducted as a regularly scheduled item of business and the Council could invite public comment. Stated the Council could conduct public input, discuss the budget and adopt the levy at the meeting if it so desired. If the Council chooses to conduct a Truth in Taxation hearing, no action could be taken at that meeting. Noted that the levy proposed is the maximum and any adjustments can only be for a lesser amount. Also informed the Council that the Council is required to take action before the last meeting of December in order to meet timelines for filing with Scott County. LeMair: Agreed the Truth in Taxation hearing should be conducted. Erickson: Asked about the publication costs for conducting the hearing. Teschner: Responded that a quarter-page ad in the newspaper is required which costs about $500. Erickson: Noted that people would have the have same opportunity to give feedback in a public hearing. Teschner: Stated the public hearing would mirror the process of a Truth in Taxation hearing and would not bifurcate the actions. Erickson: Questioned why the city should spend the extra money and spread the action over two meetings. Teschner: Stated that the formal notification will have the identical information with exception of a line that stipulates public hearing time and place. Millar: Reiterated that the Council should conduct the Truth in Taxation hearing since it is expected. Teschner: Noted that the outcome of the upcoming fire service and safety referendum is not incorporated into this tax levy and if the referendum is successful, it would increase the amount stipulated on the ballot. Erickson: Asked if there would still be a published time and date for the council meeting. Teschner: Replied there would not be the published notice in the newspaper that is required by State De- partment of Revenue, but the meeting notice would be addressed in the Wavelength. Erickson: Believes it would get the same results. 11 City Council Meeting Minutes September 5,2006 Draft Haugen: Believes there is continuity in conducting the Truth in Taxation hearing. Noted that the Council has not discussed the budget in detail and expressed concerns about staffing levels in certain areas. Teschner: Stated that a third budget workshop could be scheduled to finish the budget. Dornbush: Stated she would want to have the third workshop. Millar: Agreed there are needs that have come forward. Haugen: Clarified the date of filing the levy as September 15. Teschner: Noted that the contingency funds could be allocated for staffing considerations that come up dur- ing the year. Haugen: Stated that the city shouldn't enter into the budget year with a known expenditure out of the contin- gency fund. Teschner: Commented that if personnel is funded through the contingency fund, it would have immediate effect on 2008 budget. Erickson: Noted that if additional money was added to the budget for staffing and the position wasn't filled, it wouldn't be a problem. Teschner: Noted that for every additional $50,000 in the budget, the impact is 0.67% per household; and that the third workshop could look at the priorities of staff needs and the detail to support the tax levy would be included at the time of budget presentation. Haugen: Stated he is uncomfortable adding an arbitrary $50,000 - $60,000. Teschner: Commented that the Council should identify priorities and that future potential needs were not ad- dressed such as IT, police, code enforcement. Staff needs to make analysis based on direction from Council. LeMair: Asked why the budget posed at the work shop did not include new positions. Boyles: Noted that a long-term list of needs was prepared for presentation at the budget workshop but time constraints prevented discussion of them. Stated that as the community grows, the city will need people who specialize in certain areas such as human resources, information technology and code enforcement and those positions should be added in an appropriate fashion. Erickson: Suggested adding an amount now to certify the levy and could reduce it later. Teschner: Stated that the city used to have a contingency fund of $250,000 and it is now at $150,000. This budget is proposing a $200,000 contingency in an $11 million budget which is very small. Stated he would like the contingency elevated to $250,000 to cover any type of situation that could come up. Haugen: Asked when the contingency was reduced. Teschner: Three years ago. Millar: Suggested identifying the personnel needs, discussing it prior to the September 13 meeting and voting on it at the September 13 meeting. Teschner: Reviewed time obligations and posting meeting notice regulations and determined that no date for a special meeting was available prior to September 13. LeMair: Suggested the addition of $50,000 to the contingency fund. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06.167 ADOPTING PROPOSED 2007 CITY BUDGETS AND CERTIFYING PRELIMINARY 2007 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION WITH THE CONTINGENCY FUND INCREASED BY $50,000 TO $250,000 AND A PLAN TO CONDUCT A TRUTH IN TAXATION HEARING. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. 12 City Council Meeting Minutes September 5, 2006 Draft Consider Approval of a Resolution Terminating the Contract for Wells No.8 and 9 and Advertise for Bid for Well No.9 Public Works Director Albrecht informed the Council of problems with drilling Well No. 9 and that the con- tractor has notified the city of its inability to fix the issue because it does not have the necessary equipment. Reminded the Council that this well is required by the DNR and that if bids for completion of the well are too high, he will seek clarification from them about the necessity of its completion. Stated that he may have to pursue using the contractor's performance bond for funds to complete the job. Comments: None. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.168 AUTHORIZING STAFF TO TERMINATE THE CONTRACT FOR WELLS NO.8 AND 9 AND ADVERTISE FOR BIDS TO COMPLETE WELL NO.9. VOTE: Ayes by Haugen, Dornbush Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Ordering the Preparation of a Feasibility Report for Reconstruction of County Road 21 and the Reconstruction of County Road 121Trunk Highway 13 Intersection. Deferred to next meeting. Consider Approval of a Resolution Amending the City's 2007.2011 Capital Improvement Program with Respect to Heritage Farmstead, PAR Task Force and Welcome Avenue. Deferred to next meeting. OTHER Haugen: Reminded the public of the Fire Department's chicken barbeque at the VFW on Sunday, September 9, and the Primary Election on Tuesday, September 12. Boyles: Informed the Council that terms of advisory committee members expire on October 31 and asked the Council if they prefer interviewing members who are up for renewal or a reappointment of those who are eligi- ble and interested. Also noted that the LAC and PAC are currently at five positions and clarified the intent to have those committees operate at that level of membership. LeMair: Stated that if a member is doing the job well, they should not have to re-interview for reappointment. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made and seconded. With all in favor, the meeting adjourned at 12: 13 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 13