Loading...
HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA December 18, 2006 6 p.m. Fire Station No. 1 EDA Meeting Sp.rn. 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 DECEMBER 4,2006, 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 Accepting Quotes and Authorizing the Mayor and City Manager to Execute the Standardized Construction Contract for Well NO.8 Appurtenant Equipment and Site Work. G. Consider Approval of a Resolution Authorizing Expenditures for Construction Materials for the Completion of Jeffers Ponds Park Picnic Shelter and Shepherd's Path Park Gazebo. H. Consider Approval of a Resolution Approving a Combined Preliminary and Final Plat and Development Contract for South Lake Village. I. Consider Approval of 2007 Cigarette License Renewals. J. Consider Approval of a Resolution Authorizing Payment of Excess Tax Increment For Waterfront Passage Business Office Park to Scott County. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 K Consider a Resolution Adopting a Website Link Policy that Regulates Which Entities can be Linked Through the City's Website, Such as Non-profit and Governmental Agencies. L. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standard Professional Services Agreement with Hay Dobbs for Development of Downtown Illustrated Design Guidelines. M. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute the City's Standard Professional Services Agreement with Ehlers & Associates to Provide Redevelopment and Financial Advisory Services for Redevelopment of Blocks 2 and 4. N. Consider Approval of 2007 Renewal Massage Therapy Licenses. O. Consider Approval of Body Art License Renewal for Jerome DeLeon. P. Consider Approval of a Body Art License Alex Morse. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. Dangerous Dog Ordinance. 8. PUBLIC HEARINGS A. Public Hearing to Consider Approval of a Resolution Establishing the Development Program for Development District NO.6 and Establishing Tax Increment Financing District No. 6-1 and the Proposed Adoption of the Tax Increment Financing Plan Therefore (Shepherd's Path Senior Housing). 9. OLD BUSINESS A. Consider Approval of a Resolution Postponing a Decision on the Need for an Environmental Impact Statement (EIS) for the Ryan Contracting Conditional Use Permit Pursuant to Minnesota Rules 4400.1700, subpart 2B. B. Consider Approval of a Resolution Determining Lowest Responsible Bid and Authorizing the Mayor and City Manager to Enter into a Contract for the Purchase of: 1) One new 100-foot Articulating Aerial Platform Fire Truck, and 2) One new 1500 GPM Fire Pumper Truck. C. Consider Approval of a Resolution Adopting 2007 Prior Lake Budgets and Certifying Final 2007 City of Prior Lake Property Tax Levy to Scott County Department of Taxation. 10. NEW BUSINESS A. Consider Approval of a Resolution Approving a Waiver of the Platting Requirements for 3877, 3913 and 3941 Marshall Road. B. Consider Approval of a Recommendation from the Communication Advisory Committee to Conduct a Subcontractor I Homeowner Forum. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 12. ADJOURNMENT City Council Meeting Minutes December 4,2006 Draft CALL TO ORDER Present were Mayor Haugen, Councilmembers Dornbush, Erickson LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Parks and Fleet Supervisor Friedges, Streets and Utilities Supervisor Eldred, Public Works Coordinator Wittkopf, Finance Director Teschner, Police Chief O'Rourke, Planning Director Kansier, Communications Coordinator Peterson and Administrative Assis- tant 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 governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. City Manager Boyles reviewed the concept of the public forum. Comments: Kevin Bergstrom, 16030 Eagle Creek Avenue, commented that the city hall was built on prime lakeshore property and that he believes it removed that property from a revenue-producing tax base. Asked how much of the increase in his property taxes will be attributed to this building. Haugen: Replied that the three homes that were purchased did not generate much tax revenue and invited Bergstrom to stay for the Truth in Taxation hearing. Noted that the city hall is not on the lake and does not have lake access. Bergstrom: Asked if why Little Prior is aerated if it is considered a pond. Haugen: Replied that it is to provide a recreational environment. Bergstrom: Stated that the city cannot continually raise taxes. Erickson: Commented that it sounded as though Bergstrom wants to address the Councilmembers who were in office when the decision was made about where to build the police station and city hall, and that there are three new people on this Council. Bergstrom: Asked what this Council is doing to control expenses. Erickson: Responded that the Council tries to do that each time something comes before them. Bergstrom: Asked about the control of compensation and pension to city employees. Erickson: Affirmed that the Council has heard Bergstrom's concerns about ongoing city costs. Bergstrom: Reiterated that the city portion of property taxes is too high. Haugen: Thanked Bergstrom for addressing the Council and stated that the Council does its best to make decisions to treat financial expenditures as investments hoping to make things better for the long term. APPROVAL OF AGENDA City Manager Boyles requested that items 9B, Consider Approval of an Ordinance Amending Section 703, Public Waters, of the Prior Lake City Code, and 11 B, Executive Session, be removed from the agenda. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes December 4, 2006 Draft MOTION BY DORNBUSH, SECONDED BY MILLAR TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Dornbush, Erickson LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE THE NOVEMBER 20, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Dornbush, Erickson, and Millar. LeMair abstained due to his absence at the meet- ing. 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 Resolution 06-203 Approving Extending the Deadline for Submittal of a Final Plat for Maple Glen 3rd Addition. C. Change Order #5 for the Police Station / City Hall Project. D. Consider Approval of Resolution 06-204 Electing the Non-waiver of Statutory Municipal Tort Liability Limits and Declining Excess Liability Insurance Coverage. City Manager Boyles requested removal of item 5C, Change Order #5 for the Police Station / City Hall pro- ject. 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. Boyles: Introduced Bill Wolters of Constructive Ideas, the owner's representative for the police station / city hall project, who reviewed the nature of change orders. Wolters: Kudos to working with staff people. Talked about the ways changes can happen, general contractor request, design team, etc. Stated that 86 out of 324 changes have been brought to the Council in change orders and the remainder were rejected or modified to be a no-cost change. Spoke of changes on this change order and commented that there will be another change order which will address costs connected with the contaminated soil. Millar: Clarified Wolters' authority to approve changes up to $7,500. Wolters: Confirmed and stated that he made change decisions in consultation with staff. Millar: Stated it is good for the Council to get the updates. Wolters: Credited the staff for not spending money needlessly and noted there is still $62,000 of the $250,000 contingency amount remaining. Dornbush: Complimented Wolters on a good job. leMair: Remarked that he understands the change order system and asked about the payment for the dam- age of city utilities as well as whose responsibility it was to mark them. Albrecht: Replied that the water main was put in during the 50s and the City did not know where it was. Had to go back and replace piping as it was a size not in stock. Erickson: Asked about the change order regarding the millwork in the chambers. Wolters: Replied that it was to aesthetically tie the main lobby to chambers. 2 City Council Meeting Minutes December 4, 2006 Draft Boyles: Commented that the staff is used to the change order process and recommendations to provide more updates to the Council are well taken. Haugen: Excited that the new city hall will soon be open and it will be a proud addition to the community. Boyles: The first council meeting in the new facility is anticipated for January 2. Stated that staff will be mov- ing on December 15 and encouraged citizens to not come to city hall to do business on that date. MOTION BY MILLAR, SECONDED BY DORNBUSH TO APPROVE THE REPORT. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. PRESENTATION Status Report on Police Station I City Hall Building Project. Police Chief O'Rourke displayed pictures of the new building and announced there will be a dedication event on February 20. Comments: Erickson: Looks good. LeMair: Anxious to get into new building. Dornbush: Sorry to be resigning and miss the first meeting. Millar: Commented that it is a facility that is being built for 50 years and our children and grandchildren will be using it. Haugen: Concurred. PUBLIC HEARING 2007 Truth.in.Taxation Hearing for Proposed 2007 City Budgets. City Manager Boyles provided information to the public regarding the proposed 2007 operating budget and the amount of property taxes that the City proposes to collect in 2007. Comments: Millar: Clarified the percentage of increases for the water utilities. Teschner: Replied that it was an auditing adjustment to account for internal fund transfers which will make them more readily apparent. Millar: Asked what the impact for the average resident is. Teschner: None, since the rate structure for water has already anticipated the cost of capital projects that will begin next year. No rate change is anticipated for two years. LeMair: Asked about debt service on the police station / city hall project. Teschner: Replied there is a small step increase that takes population growth into account. Debt service went up $26,963 cumulatively for all projects. leMair: Asked what will be used towards the police station and city hall in 2007. Teschner: $565,470 for city hall and total debt service is $1,547,684, which accounts for the three referen- dums and the EDA bonds on city hall. Erickson: Stated the City has done a good job maintaining balance during all this growth. Haugen: Noted that the debt service amounts include city hall/police station and fire station no. 2, and asked how much was lost in government aid because of the Governor's no-new-tax mantra. 3 City Council Meeting Minutes December 4, 2006 Draft Teschner: Affirmed that is a market value credit that is passed on as a line item adjustment of the taxpayer's bill of about $1 million. Prior Lake has offset it with on-hand reserves and some expenditure cuts. Haugen: Summarized that Prior Lake has had tax increases of about the same as the rate of inflation. The City has dropped to 45th position in comparison of city taxes in the metro area. Investments made in our com- munity have been fiscally responsible. MOTION BY LEMAIR, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 7:39 p.m. Comments: Mary Evenson, 17266 Toronto Avenue SE, commented on density figures and stated that adding people im- pacts schools, utilities, and other burdens on the infrastructure. Noted that there appears to be tax benefit to the town from building multi-units, but there is a greater infrastructure burden with it. Doesn't understand it. Asked why the joint public safety training facility is only in the budget for six months. Asked how much water utility rates are anticipated to go up after 2008. Teschner: Responded that the water utility increase in the budget of 55% reflects a transfer of funds which has always been done but is just now being documented. There is no increase in utility bills from the rate in- crease although usage increases may still exist. The joint public safety training facility is budgeted for six months for operating expenses because it will not be online for the full year. Boyles: Responded to the density questions by commenting that the majority of buildings in Prior Lake has been single family and town homes. The multi-family building done in 2002 was primarily for senior citizen housing and, currently, Presbyterian Homes is building one. Noted that the 2030 Comprehensive Plan re- duced high-density land which decreased potential number of multi-family dwelling from 18,000 to 1,200. The City realized there is no market for 18,000 multi-family units. Haugen: Commented that high density also puts pressure on police, schools, social services, etc. Mark Rausch, 4095 Eau Claire Circle, stated his taxable market value is up more than 16 percent and his taxpayer impact is 7 percent. Asked how he could have his particular statistics match the averages pre- sented. Teschner: Responded that county averages would generate the numbers presented and a number of homes would exceed that, especially lakefront property. Market value being used for taxation can only go up 15 per- cent, but the entire market value could have gone higher. Difference between what is taxable and true market value goes into a limited category which will become taxable over time. Offered to meet with Rausch to re- view his individual situation. Rausch: Asked how it is determined where street lights are placed since energy is a significant budget cost. Albrecht: Responded that policies exist to deal with existing lighted areas and another to deal with a neighborhood that does not have lights. Residents can petition to have them put in neighborhood and it would relate to the budget of replacement lights. In other cases, energy companies are getting out of the mainte- nance of lights and turning that back to the city. As that is passed to the City, it will be worked into the budget. The budget increase is not a direct increase to taxpayer, it comes out of the City's state aid allocation. Woody Spitzmeuller, 4279 Grainwood Circle NE, asked what the franchise fees amount to and how it is spent. Teschner: Reported that the Council had several workshops and a public hearing regarding franchise fees. The cable company has had franchise fees for several years. Other utilities were not sharing in right-of-way acquisition costs although they use them. The City receives the majority of its right-of-ways through develop- 4 City Council Meeting Minutes December 4, 2006 Draft me nt, but sometimes has to acquire them and now the utility companies participate in acquisition costs with the City. State statute allows utility companies to pass fees on to the customer as a franchise tax on utility bills. Spitzmueller: Asked if there is a facility charge on the water bill. Teschner: Replied that the water rate was not increased in 2006 and the facility charge has been in exis- tence for decades to repay debt service. After the debt service is retired, funds will be used for operation of utilities for sewer and water. Spitzmueller: Asked how it is reflected on the budget. Teschner: As a revenue line item. Millar: Commented that the City was very upfront about passing on franchise fees and public hearings were conducted about the subject. Erickson: Noted that utility companies have asked cities to establish franchise fees. Teschner: Agreed that utility companies requested an ordinance to be set up to set the tier for franchise fee rates. Kevin Bergstrom, 16030 Eagle Creek Avenue, asked why utility companies did not absorb the fee rather than having users subsidize it since they make a profit by using the right-of-way. Believes the information pre- sented should talk about the entire tax bill because the tax rate will be multiplied by the property value and if property values increase, so will the property bill. Believes the Council should focus on controlling costs and that the new city hall will not be energy efficient and will increase utility costs. Stated his tax increase was 82 percent. Haugen: Suggested Bergstrom work with Finance Director Teschner regarding his particular property tax in- crease. Teschner: Responded that the City attempted to pass right-of-way costs to the utility companies in the only legal avenue available, but utility companies do have the option to treat it as a pass-through cost. Remarked that the Truth in Taxation hearing can only address the portion of property taxes levied by the City and we have no control over other taxing jurisdictions. Suggested that citizens who are concerned with their taxes as a whole go to other Truth in Taxation hearings for the county and school. Boyles: Commented that the Building Committee for the police station and city hall looked at energy effi- ciency packages including lighting, heat loss, air conditioning, etc. and incorporated energy efficient options in the buildings that will pay us back in efficiency and in energy credits. Millar: Spoke of the relationship of property value increases and its affect on taxes. Noted that the City does not control property values, it is a market situation. Assessment processes have been addressed with the County. Erickson: Commented that taxing jurisdiction budget's affect the levy rather than whether or not market val- ues change. Haugen: Stated that some communities say there is a percentage of tax increase and then valuation drives it up further. Prior Lake takes the position of incorporating an inflation factor and applies tax increase after that. Dave Thompson, 15738 Island View Road NW, Stated his taxes have increased $2,000 during the last four years. Believes the Council has not said no to anything during budget meetings and asked when the City is going to do more with less. Believes many residents are not happy, just don't come to complain. Teschner: Described the process of budget meetings as the Council stating its priorities early in the year, and department heads complying with that direction. Stated that areas are decreased or increased depending on whether resources are adequate to meet the established priorities. Noted that the single largest compo- nent of increase this year was for a bond referendum that was voted on by the community. 5 City Council Meeting Minutes December 4, 2006 Draft MOTION BY LEMAIR, SECONDED BY DORNBUSH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 8:23 p.m. Comments: Millar: Stated that the Council discusses budget a lot prior to this point in the process; and he considers the taxpayer whenever voting for an expenditure. Believes staff makes good justifications for needing what they are asking for to provide services. Dornbush: Believes city staff is fiscally conservative and the Council tries to balance providing services and keeping taxes down. LeMair: Stated that he doesn't like to see tax increases but considers that he wants the place where he lives to be a nice place. Community needs a proper infrastructure, and wells, fire stations, etc. are investments in the community and have been provided without a tremendous tax burden. Noted that sixty percent of the budget is wages, but the City does not have excess personnel on the payroll. Appreciates the comments made at public hearing. Erickson: Thanked to those came to bring concerns. Noted that some things cannot be controlled by Coun- cil, i.e. labor contracts, debt bill, crime, etc., and future increases in personnel will be for safety. Encouraged residents to attend Truth in Taxation hearings for other taxing jurisdictions also. Haugen: Thanked residents for questions raised at the hearing. Read the mission statement from the 2030 Vision and Strategic Plan and commented that when analyzing and approving the budget, the Council keeps that mission in mind. Stated that the Council takes an investment perspective and considers adding value when making fiscal decisions. RECESS Mayor Haugen called a recess at 8:35 p.m. RECONVENE The meeting reconvened at 8:45 p.m. OLD BUSINESS: Consider Approval of a Resolution: 1) Accepting the Design Report; and 2) Authorizing Preparation of Plans and Specifications for the Water Treatment Plant. Public Works Coordinator Wittkopf and Seth Peterson of Bolton Menk, Inc. presented the design propos- als for the water treatment plant. Public Works Director Albrecht discussed issues about plant size, building design, roof design, garage, fencing and budget. Mentioned a green roof option and noted that staff does not recommend the front end cost nor the maintenance for it. Reviewed budget and revenue sources. Resident representative on the committee, Joe Goracke, complimented Albrecht for his efforts on this project and stated that residents were happy with the process and the opportunity to provide input about design, location, fencing and landscaping. Comments: Millar: Asked for clarification of city employees being paid to manage the project and how that is budgeted. Albrecht: Replied that a city employee is on site every day during projects and the employee hours are tracked and billed. 6 City Council Meeting Minutes December 4, 2006 Draft Millar: Commented that increasing the capacity of the facility to 7.5 MGD makes sense. Cautioned that even though the $200,000 option for the roofline to integrate into the neighborhood and be more aesthetically pleasing is good, the City needs to be careful of the spending. Dornbush: Asked if the increased cost for the roofline is part of the contingency. Albrecht: Replied that amount is in the budget as proposed. Dornbush: Stated the aesthetics of the building affects the neighborhood property values and it is important to blend into the neighborhood. Agrees with 7.5 MGD capacity. leMair: Noted that he served on this committee. He supports the roofline and the 7.5 MGD capacity. Noted that this neighborhood is taking the facility in their back yards for the good of the entire community and the extra money for the roofline should be spent to retain the neighborhood appearance. Thanked committee members for their work stating that it was a complex subject and required a lot of time. Erickson: Asked if the wells would be secure. Albrecht: Replied that one well would be outside the fence and that most City wells don't have a fence around the well head. Erickson: Asked how the property area could be defined on the sides where there is no fence. Albrecht: Replied that perhaps split-rail fencing or wetland buffer markings could be used. Erickson: Asked how many years of fulfilling our water needs could be met by increasing the gallons per day from 6.5 MGD to 7.5 MGD. Albrecht: Responded that if development continues, the supply would give the City a couple of more years. Haugen: Agrees that a 7.5 MGD facility would be more efficient and that the roofline is appealing and fits into the community. Thanked the committee participants. MOTION BY DORNBUSH, SECONDED BY LEMAIR TO APPROVE RESOLUTION 06-205 AUTHORIZING PREPARATION OF THE PLANS AND SPECIFICATIONS FOR A 7.5 MGD WATER TREATMENT FACILITY. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of an Ordinance Amending Section 703 of the Prior lake City Code. This item was removed from the agenda. Consider Approval of: 1) a Resolution Approving an Agreement for the Removal and Relocation of a Barn; and 2) a Resolution Authorizing the Solicitation of Quotes for the Creation of a Ruin and Re- moval and Relocation of a Barn to Heritage Farmstead. Planning Director Kansier and Parks and Fleet Supervisor Friedges proposed an agreement with Jeffery and Alissa Schneider for the relocation of their barn to the Heritage Farmstead site as well as a budget for completing the work. Donations to complete the work have been verbally committed. They also reviewed the master plan for the Heritage Farmstead site and recommended that the master plan be implemented in six phases. Comments: Erickson: Asked about the possibility of Amish crafters deconstructing and rebuilding the barn. Friedges: Replied that if quotes for moving the barn intact are too high, then staff may examine dismantling and rebuilding the barn on site. Boyles: Commented that approval of the resolution would confirm an agreement with the Schneider's and direct staff to solicit quotes to learn real costs. Then staff could confirm whether donations would cover the cost and bring a final cost back to the Council for approval. 7 City Council Meeting Minutes December 4, 2006 Draft Erickson: Asked if the City would then be obligated for the barn. Boyles: Affirmed. Erickson: Asked if quotes projected the cost to be high and donations were not made, would the City be re- sponsible for moving the barn. Suggested the motion should be to get quotes before making a commitment to the Schneider's for taking possession of the barn. Kansier: Replied that the proposed agreement does not obligate the City to take the barn; rather, it describes the parameters to be followed if the City takes possession of the barn. Erickson: Believes staff should get quotes before signing the agreement. Kansier: Asked if the Council agrees with the terms of the agreement. Erickson: Stated that if costs were right, he could approve the agreement but does not want to be liable for it if we don't want to acquire it. Friedges: Noted that he could get quotes on the cost of moving the barn in 30 days, but would need struc- tural design and plan specifications to get a quote on the footings. Millar: Asked how firm the donation commitments are. Haugen: Replied that donations are verbally confirmed, but cash is not in hand. Millar: Asked if the Council could make an agreement contingent upon receiving the funds and having quotes for the cost of relocation. Kansier: Asked if the Council would indicate consensus of terms even if the agreement is not signed at this time. Pace: Asked if the Council agrees with the terms of the agreement regarding relocation, restoration and park dedication fees, if quotes are within the proposed budget. Friedges: Noted that about $10,000 would be needed for site borings, etc. in order to obtain a quote. Erickson: Commented that those funds would be needed no matter which barn we put there. leMair: Stated the Council should spend the money to get designs. Millar: Asked where that money would come from. Haugen: Asked if the agreement needed to be approved at this meeting. leMair: Expressed concern about moving the structure. Believes it may cost more than projected. Also noted that excavation expenses did not seem to be included and that it was his understanding that the barn would be a walk-out. Friedges: Replied that the excavation would be done by staff with city equipment. leMair: Asked if the silo displayed in the picture would be included. Friedges: Replied that it is not connected to main structure of the barn and not included. leMair: Asked the proposed $105,000 is entirely donated. Boyles: That is the intent. leMair: Favors spending the money to get the design and specifications. Believes it will cost three times as much to finish the barn to be used by the public and wants to know the real cost of the project. Friedges: Asked if the Council is seeking the cost for finishing the interior of the barn at this time. leMair: Replied that spending the $105,000 won't really make it ready to use and wants to know the staging for finishing the barn. Boyles: Noted that the report provides a six stage phasing, and that it is not part of the CIP. leMair: Stated he has a hard time approving it now without knowing what the City would be getting into all the way. Haugen: Concurred. Stated there are many open-ended components and the six phases don't have any budget attached to them. Agreement seems to have general parameters that the Council could agree with, but he does not want the City to be boxed into it. 8 City Council Meeting Minutes December 4, 2006 Draft Dornbush: Commented that the barn is better than anything the City hoped to get for a donation and she hopes the City will go through with this. Agrees that a $10,000 expenditure for design and specifications should be made. The agreement with the Schneider's seems fair, it just isn't the right time for it. Erickson: Asked to have staff directed to get estimates for total restoration of the barn. Boyles: Noted that the total project is estimated for completion for $900,000 to $1.6 million. Friedges: Stated that the estimates are $285,000 to complete the interior of the barn. leMair: Stated that no money was set aside to do any work on the site. MOTION BY HAUGEN, SECONDED BY ERICKSON TO DIRECT STAFF TO USE $10,000 FROM THE CONTINGENCY RESERVE FUND TO OBTAIN STRUCTURAL DESIGN AND PLAN SPECIFICATIONS FOR THE PURPOSE OF RELOCATING THE BARN FROM THE SCHNEIDER RESIDENCE TO NEW FOOTINGS ON THE HERITAGE FARMSTEAD SITE; CONFIRM CONTRIBUTIONS; AND COMMUNICATE TO THE SCHNEIDER'S THE INTENT TO MOVE FORWARD FOLLOWING A FAVORABLE STRUCTURAL DESIGN REPORT AND COMMITMENT OF FUNDING. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Report from the Park Advisory Committee Regarding: 1) a Lighting and Im- provement Project at Ryan Park and Authorizing Requests for Proposal from Electrical Engineers to Prepare Plans and Specifications Therefore, and 2) Recommending a Process and Timeline for Master Park Plan for Ryan I Ponds Park. Parks and Fleet Supervisor Friedges presented the report from the PAC requesting authorization for park lighting and approval of a process to create a master athletic plan for parks. Comments: Millar: Asked about the estimated costs of field lighting. Friedges: Replied that he met with the representative that sells field lighting and believes the estimates are good. Also noted it is a good bidding climate as contractors will want work in the spring. Millar: Agrees with the need for improvements, but noted the costs are not in the CIP. Expressed concerned about process. Wonders if the City should light the fields and get additional improvements at a later date. Agrees with having a master athletic park plan (MAPP). Dornbush: Concurs with proceeding with field lighting now and additional improvements at a future date. Agrees with MAPP. LeMair: Believes the lighting and additional improvements should be completed and noted that $450,000 was donated. Millar: Stated that $300,000 of the donation was designated for lighting for Ryan and the remainder was for the possibilities of the Northwood League. Haugen: Stated that with the Northwoods League proposal, the City accelerated lighting at Ryan knowing it cost $550,000. With the donation from SMSC and PLAY, there is $700,000 for lights and other improve- ments. Millar: Believes that of the $450,000 donation, $300,000 was to be dedicated to Ryan Park. Haugen: Plus a $250,000 donation from PLAY. Millar: Concurred and asked if it should be included in the CIP. Dornbush: Asked where the money comes from. Boyles: Responded that it is from the Capital Park Fund. Noted that the Council could authorize plans and specifications for lighting to get an actual cost and the equipment improvement money could go through the 9 City Council Meeting Minutes December 4, 2006 Draft CIP. Asked if separating the lighting and additional improvements would require tearing up the fields twice. Friedges: Affirmed and stated that is why PAC recommended doing the project all in one year. LeMair: Supports the MAPP. Erickson: Believes crosswalk flashing signs need to go in at the same time. Commented that his under- standing is that there is a PLAY commitment for donations four years, but the money isn't here now so he pre- fers to just do the lighting and the crosswalk lighting signs. leMair: Asked if that was the intent even if it costs more in the long run. Erickson: Responded that it is unknown if it will cost more except for irrigation and restoration costs. Friedges: Concurred and noted a possible increase in the cost of materials. Dornbush: Stated she is willing to proceed with all improvements at once if we have the funds to cover it and PLAY meets its commitment. Haugen: Concurs. Believes there is value in doing it all at one time and we should not tear up the fields two years in a row. Commented that PLAY has been a tremendous partner with the City over the years and be- lieves their commitment is good. Agrees that the process of having it in the CIP is good, but the negatives of waiting outweigh it. Mike Feriancek, PAC committee chair, commented that the PAC considered many factors when developing this recommendation. Haugen: Asked what the priorities are if something had to go. Feriancek: Replied that the list is not prioritized. Erickson: Asked if parking lot lighting is planned to be a low profile beam. Friedges: Replied that it would have to meet city ordinances and be similar to lighting at Sand Point. Erickson: Noted that other parks and projects are coming on line and asked that if the four-year PLAY com- mitment is dedicated to this, would it impact funds from them for Spring Lake Park or other projects as we start to look at the master plan. Feriancek: Responded that we could run into situations where money could prohibit doing things in certain areas. Friedges: Noted that money would come out of CIP for projects identified for 2007 and there is funding to cover it. Erickson: Asked if PLAY would change its mind about where it would want to spend its money. Haugen: Commented that lighting in Ryan Park is clearly defined in the PAR task force report as a number one priority. Erickson: Responded that the lighting is prioritized, but he didn't know about the upgrades. Haugen: PLAY wants the upgrades. Millar: Asked if the Council is allocating funds here that perhaps should be for future projects. Mayor Haugen reminded the Council that there is a bylaw stating the Council meeting will terminate at 11 p.m. unless there is a motion to extend it. MOTION MADE BY HAUGEN, SECONDED BY DORNBUSH TO EXTEND THE MEETING UNTIL MIDNIGHT. VOTE: Ayes by Haugen, Dornbush, Erickson, leMair and Millar. The motion carried. MOTION BY lEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.206 AUTHORIZING FIELD LIGHTING AND ADDITIONAL IMPROVEMENTS AT RYAN PARK AND AUTHORIZING STAFF TO SOLICIT QUOTES FOR AN ELECTRICAL ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR LIGHTING WORK FOllOWING OPTION B NOT TO EXCEED $700,000. VOTE: Ayes by Haugen, Dornbush, Erickson, leMair and Millar. The motion carried. 10 City Council Meeting Minutes December 4, 2006 Draft Consider Approval of a Resolution Accepting Quotes and Authorizing the Mayor and City Manager to Execute the Standard Construction Contract for Well No.8 Appurtenance Equipment and Site Work. This agenda item was deferred to the next meeting. Consider Approval of an Ordinance Amending Section 1104.309 of the Zoning Ordinance to Allow 832- square-foot Accessory Structures on Twin Island. Planning Director Kansier presented a proposed ordinance amendment stating that public hearings had been conducted and the proposal was passed by the Planning Commission by a 3-2 majority. Noted that this is a policy question for the Council to decide. Comments: Erickson: Asked if the accessory structure can be on a different lot or on the same lot as the cabin if a per- son has multiple lots. Kansier: Replied that the structure has to be on the same lot, or the lots would have to be combined. Cannot build an accessory structure without a principal structure on the lot. Erickson: Clarified that multiple lots can be combined even if the road goes through it. Asked if there is a particular reason the lots have to be combined. Kansier: It is a provision for all R-1 districts to assure we do not have lots without principal structures. Erickson: Will support. LeMair: Will support. Dornbush: Commented that after reading comments in planning commission minutes, she has reservations. Noted there is opposition from other owners on the island and wonders why a 24' X 24' structure for a total of 576 square feet would not be adequate, especially since there are no cars or trucks on the island. Haugen: Or boats. Millar: Has the same question and wonders if he can ask Mr. Meyer that question. LeMair: Replied that the Council came up with the 832-square-foot proposal to match what city lots are. Dornbush: Commented that she felt differently at that time, but after reading the report and seeing the other viewpoints that were brought up, she is considering otherwise. LeMair: The conversation the last time was that you can have a pontoon, a jet ski - probably more "things" at your cabin or lake house garage than at your home garage on normal city lot. Don't know why it would be different. Millar: Concern is the island is not very big and there are some fire concerns as Joe Zieska brought up. Wonder if 24' X 24' isn't adequate. Dornbush: Commented that the Council would have to change the ordinance to get to that point. Erickson: Asked what the number is that is being proposed. Haugen: 832 Erickson: Asked if there is any reason it was moved to 832 from 576. Kansier: Replied that the Council directed staff to do so and the Council can adopt an ordinance to change the number. Erickson: Enough time has gone by that he is trying to remember the details. LeMair: 24' x 24' is a two-car garage. Erickson: Recalled that 832-square-feet was proposed because it is in line with the mainland. Report says that someone made a request in 2001, but no one came forward at this time. Kansier: Noted that three people testified in opposition to the proposed ordinance. 11 City Council Meeting Minutes December 4, 2006 Draft Erickson: But the Planning Commission still recommended it. Haugen: On a 3-2 vote. Kansier: Affirmed. Haugen: Commented that emotionally he is not engaged for either a strong yes or a strong no. 832-square- feet is significant on that island. The lots are small. Asked if there can be just one detached structure. Kansier: The ordinance is written so there can be only one accessory structure. Haugen: So there is one only, cannot have a second. Kansier: A property owner would have to remove the first one to build another. LeMair: The Council directed once to go larger and that was approved by the Planning Commission. If the Council wanted to go smaller, would another public hearing be needed. Kansier: Believe we could go smaller without rehearing it. If the Council wanted to go larger, would be a dif- ferent question. Erickson: Looks as if we need to go at least 576. Millar: Would be a fair compromise. Erickson: So if we did 600, it is a compromise between 832 and 576. 600 allows for the fudge factor in case there is a little overhang. MOTION BY ERICKSON, SECONDED BY DORNBUSH TO APPROVE ORDINANCE 106.10 AMENDING SECTION 1101.400, 1106, AND 1107.2100 OF THE PRIOR LAKE CITY CODE WITH 600-SQUARE-FOOT MAXIMUM ACCESSORY BUILDING ALLOWED ON TWIN ISLAND. Haugen: Clarified that it is one accessory structure, can't have a second. Kansier: Affirmed. Haugen: If the accessory is on an adjacent lot, those lots have to be formally and permanently joined. If there is a road dividing, that lot can be merged with the other lot permanently as long as that accessory struc- ture is there. Kansier: Affirmed. Haugen: And if a person ever wanted to subdivide it, that person would have to remove the accessory struc- ture and go through a subdivision process. Kansier: Stated there is an existing provision in the ordinance that allows one to go through that process. Essentially, to build a structure on those lots you would have to combine them and then you also go through a site planning procedure through the planning commission. Haugen: Asked if a person owns adjacent lots, can an accessory structure be put on one of the lots. Kansier: As long as the lots are combined. Boyles: Clarified that the ordinance amendment under the third point would say 600-square-feet rather than 832 square feet. Haugen: Asked if the accessory structure is removed, could a person go through a process to subdivide the lots again. Kansier: As long as they meet the minimum lot areas and so on, they could. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Report Authorizing the Staff to Investigate Grant Funding for the Acquisition of Pavlish Property Located on Pike Lake. 12 City Council Meeting Minutes December 4, 2006 Draft Public Works Director Albrecht informed the Council of this unique opportunity to acquire land in an area where the City intended to have parks. Stated the property allows us to maximize the resources and create a community park and two neighborhood parks together. Spoke of funding possibilities and introduced Robert McGillivray of the Trust for Public Land. McGillivray presented information about the Trust and informed the Council that the Trust has a purchase option on the property and is asking the City to provide some of the total purchase price in order to pursue grants. Albrecht noted that grant funds could limit the use of at least some of the property to more passive use. Comments: Dornbush: Agreed this is an opportunity that should not be passed up. Asked about the possible constraints on the property. Albrecht: Replied that some trails may be wood chip rather than pavement, for example. Expected that we would be allowed to erect a shelter. McGillivray: Stated that the type of things the City wants should be put in the grant application. Believes that more passive uses are more competitive for more types of grants; and that paved trails and picnic areas would be all that would be wanted for passive use areas. Albrecht: Noted there are good boardwalk opportunities on this property and as development comes in, the City could designate the active use areas. Millar: Asked if it includes the use of the lake for non-motorized boats. McGillivray: Responded that canoeing would probably be fine. Albrecht: Noted the lake is non-motorized use now. Millar: Will support $375,000. Erickson: Commented that the lake has big potential for canoeing and he believes a plan should be made for canoe rental or racks. McGillivray: Could look into that. Erickson: Envisions the area as a great running, biking, and cross-country ski area. leMair: Asked if the City would only spend the money if a grant is awarded, and asked how it would reflect on our ability to receive grants if the City put more money in. McGillivray: Responded that if the City made a higher commitment before March 2007, that amount could probably be leveraged for more grant money. LeMair: Noted that he doesn't want to spend more than is needed, but doesn't want to look back and wish we would have put more money in to assure a successful grant award. Believes the City should put in thirty percent. Albrecht: Noted that the ramifications of the extra expenditure might delay development of a different neighborhood park for another year. The CIP would have to be reprogrammed and it could result in neighbor- hoods being developed without having ball fields right away, for example. Teschner: Stated this is the purpose of having contingency money and the Council could commit money from contingency. Haugen: Noted that the Council has until March 2007 to make this financial decision. McGillivray: A formal commitment will be filed with DNR grant applications and most of those will be in March. Commitment sooner is better, and before the grant applications are final is necessary. Haugen: Noted that the City Attorney concurs that from her grant writing experience, the value of thirty per- cent rather than twenty percent is huge in making grants successful. Supports $500,000. 13 City Council Meeting Minutes December 4, 2006 Draft MOTION BY lEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.207 AUTHORIZING CITY STAFF TO WORK WITH THE TRUST FOR PUBLIC LANDS ON GRANT APPLICATIONS FOR ACQUISITION OF THE 30.0 ACRES PAVLlSH PROPERTY WITH COMMITMENT OF UP TO $500,000. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving a Pension Increase for the Prior Lake Fire Department Firefighters Relief and Pension Association. Finance Director Teschner proposed an increase to $5,900 per year of service for the Fire Department pen- sion. He explained the process for becoming vested in the pension and well as the method of funding it. Comments: LeMair: Will support. States the pension is a recruiting and retention tool and soon there will be another fire station and additional firefighters will be recruited. Noted the increase in pension does not impact the tax- payer. Erickson: Asked if the increase Fire Department service has potential to reduce homeowners insurance. Haugen: Replied that homeowner insurance premiums have not gone down and have more to do with re- building costs rather than market value. Erickson: Asked how many firefighters expect to retire this year. Boyles: None. Erickson: Noted that this amount is retroactive to all years of service for a firefighter and when one retires they will receive a lump sum. Questioned if a financial burden was being incurred. Teschner: Replied that the City's practice has been to fund it 100% and not go into a deficit situation. If funds were not available, the compensation would be reduced in the future. Noted that this is a voluntary con- tribution to the Pl Fire Department Firefighters Relief and Pension Association. Millar: Stated that firefighters are risking their lives and paid $10 per hour for something that you cannot put a price tag on. Will support. Dornbush: Concurred. Haugen: Will support. MOTION BY MillAR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.208 APPROVING A PENSION INCREASE FOR THE PRIOR LAKE FIRE DEPARTMENT FIREFIGHTERS RELIEF AND PENSION ASSOCIATION. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the Purchase of a Four.wheel Regenerative Air Street Sweeper from Environmental Equipment and Services of Elko, Minnesota. Streets and Utilities Supervisor Eldred requested purchase of a street sweeper. Comments: Millar: The equipment is needed and the recommendation is to award it to the lowest bid. leMair: Commented that the money for it is budgeted. MOTION BY lEMAIR, SECONDED BY MillAR TO APPROVE RESOLUTION 06.209 APPROVING THE PURCHASE OF ONE FOUR-WHEEL REGENERATIVE AIR SWEEPER THROUGH THE MINNESOTA 14 City Council Meeting Minutes December 4, 2006 Draft STATE COOPERATIVE PURCHASING PROGRAM FROM ENVIRONMENTAL EQUIPMENT AND SERVICES OF ELKO, MINNESOTA. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY DORNBUSH TO APPROVE RESOLUTION 06.210 APPROVING A GRANT AGREEMENT WITH THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT FOR PURCHASE OF A FOUR-WHEEL REGENERATIVE AIR SWEEPER. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Accepting the Resignation of City Councilmember Cheri Dornbush, Declaring a Vacancy on the City Council and Proposing a Procedure for Filling the City Council Va. cancy. City Manager Boyles outlined a timeline and process for filling the vacancy created by the resignation of Councilmember Dornbush. Comments: Erickson: Asked if solicitation of applicants could also be placed in the Wavelength. Boyles: Responded that it would be attempted. Millar: Clarified election processes. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06.211 ACCEPTING THE RESIGNATION OF COUNCILMEMBER DORNBUSH, DECLARING A VACANCY ON THE CITY COUNCIL, AND ESTABLISHING A PROCEDURE FOR FILLING THE VACANCY. VOTE: Ayes by Haugen, Dornbush, Erickson, LeMair and Millar. The motion carried. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Millar. With all in favor, the meeting adjourned at 11 :59 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 15