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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA April 2, 2007 6:00 p.m. Ci Hall Work Session * 4:30 p.m. * Joint Park Advisory, Lake Advisory and City Council Meeting This meeting is open to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF MARCH 19,2007, MEETING MINUTES 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval Of Invoices to be Paid. B. Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for the Annual Spring Clean-Up Day April 21 , 2007. C. Consider Approval of a Resolution Authorizing the Asbestos Removal and the Demolition of the Heritage Farmstead Farmhouse. D. Consider Approval of a Resolution Authorizing Settlement of the Klamm Lawsuit. E. . Consider Approval of Housekeeping Amendments to the Prior Lake City Code. 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. Mike Kinney - Prior Lake Spring Lake Watershed District. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 8. PUBLIC HEARINGS No public hearing is scheduled. 9. OLD BUSINESS A. Consider Approval of a Resolution Accepting the Feasibility Study and Scheduling a Public Hearing to Consider Ida Circle and Trunk Highway 13 Improvement Project. B. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Contract For Collisys Electrical Systems For The Installation Of Athletic Field And Parking Lot Lighting At Thomas Ryan Memorial Park. C. Consider Approval of a Report Regarding 2030 Vision and Strategic Plan Update. 10. NEW BUSINESS A. Consider Approval of a Resolution Authorizing the Purchase of an All Utility Vehicle, Stump Grinder and Electric Scissor Lift. B. Consider Approval of the City Manager's 2006 Performance Evaluation and Authorizing the Mayor to Execute an Updated Employment Agreement with the City Manager on Behalf of the City. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 13. ADJOURNMENT City Council Meeting Minutes March 19, 2007 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilmembers Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Water Resources Engineer Bintner, Assistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. 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 pre- sented during the Public Forum. City Manager Boyles explained the concept of the public forum. No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE MARCH 5, 2007, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, and LeMair. Millar abstained due to his absence at the March 5, 2007, meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Reports. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 07-xxx Accepting Plans and Specifications and Authorizing Advertise- ment for Bids for Sidewalk Construction on Hawk Ridge Road. 1 City Council Meeting Minutes March 19,2007 DRAFT G. Consider Approval of a Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael Aprilfest. H. Consider Approval of Resolution 07-046 Authorizing Reimbursement to Toll Brothers for County Road 12 Improvements. I. Consider Approval of Resolution 07-047 Approving Polling Location Change for Prior Lake Precinct #1. J. Consider Approval of a Request to Assign the 4 Paws Animal Control Contract. Councilor Erickson requested removal of agenda item SF, Consider Approval of Resolution 07 -xxx Ac- cepting Plans and Specifications and Authorizing Advertisement for Bids for Sidewalk Construction on Hawk Ridge Road, from the consent agenda. Councilor Millar requested that item SG, Consider Approval of a Temporary On-Sale Intoxicating Liquor License for the Church of St. Michael Aprilfest, be removed from the consent agenda so he could recuse himself from voting on this agenda item due to his performance at the event. Mayor Haugen determined the item could remain on the consent agenda, but that Millar's vote on the consent agenda as a whole would not include his vote on this particular item. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Expressed concerns about the sidewalk on Hawk Ridge Road being on the opposite side of the street from those adjacent to it. Also noted that the sidewalk would be up against the curb and require spe- cial plowing. Poppler: Replied that sidewalks on the south side of the road would have steep grades that made that location not feasible. Sidewalks were placed along the curb due to right-of-way restrictions. Albrecht: Concurred that the City would have needed easements from every property owner for any other sidewalk placement and residents do not have to give that permission. Public works determined that plow- ing can be worked out for this configuration. Noted that crossing this street is less of an issue for pedestri- ans than it would be on Northwood Road because there is less traffic. Erickson: Stated that kids will have to cross the street to get to the park. Albrecht: Replied that there is a crossing that will be fully striped and signed according to ADA and cross- walk requirements. Stated that the development is set up for sidewalks on the south side with water curb shutoffs, grading, utilities boxes, etc., and that it would be a significant cost to change the sidewalks in the development at this time. Erickson: Stated that in retrospect, should have asked for sidewalks on the north side. Poppler: Replied there would have been some crossing of the street anyway as there is a trail going north on the western boundary and parking on the north side. Haugen: Concurred that legitimate questions were asked, but plans cannot go back several years. Noted that this is not a connector street with high traffic and it does not warrant abandoning the plan. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE AGENDA ITEM SF, APPROVING RESOLUTION 07-045 ACCEPTING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR SIDEWALK CONSTRUCTION ON HAWK RIDGE ROAD. 2 City Council Meeting Minutes March 19, 2007 DRAFT PRESENTATION YMCA - Yvonne Anderson Yvonne Anderson, Community Development Director of the YMCA of Metropolitan Minneapolis, delivered a PowerPoint presentation to the Council explaining the programs and services of the YMCA along with plans for a new YMCA building on the Shepherd's Path campus. She explained that there is a $4 million fund raising goal, and that Jim Petersen will be the fundraising chair in Prior Lake. They hope to begin con- struction this year and be open by fall 2008. Comments: Hedberg: Excited about having YMCA in the community. Noted that Camp Kici Yapi is on Pike Lake and asked if the YMCA has a long-term plan for that land. Anderson: Replied the camp has been there for over 25 years and they expect it to stay. Hedberg: Commented that the YMCA's plans helps the City pull its plans together for a nature park and other facilities around that lake. Millar: Agreed the YMCA's plan is exciting for Prior Lake and will fill a niche. Asked if there is a possibility of them looking at an outdoor water park to see if there can be a partnership. Anderson: Affirmed. Erickson: Noted that the YMCA has great programs and asked if it will work with or help the Safe Haven organization on the Shepherd's Path campus. Anderson: Replied there are collaborative efforts and the YMCA can serve at-risk youth. LeMair: Stated he is an advocate for an outdoor water park. Agrees the YMCA will be a great addition, but believes there is a void for things for all children to do during the summer in this community. Asked Anderson to let the Council know if the YMCA will not be doing an outdoor water park. Anderson: Replied that architectural work has not been done yet, but there is a definite possibility that an outdoor water park can be included. LeMair: Stated the YMCA picked a good person to help with fundraising. Haugen: Stated it has been three years since initial discussions and he is excited to see YMCA plans move forward. Would want to talk about partnering to the extent we can. Anderson: Replied that much is based on what the community needs and who is bringing what to the ta- ble. Reintegration Program - Todd Kubinski, Scott County Veterans Service Office Todd Kubinski spoke about the program with the Scott County Veterans Service Office to help veterans returning from active duty. Stated the office takes claims for veterans and assists them in accessing bene- fits such as pension, disability, education and health care. Noted that in August, Minnesota will have more than 3,000 returning National Guard personnel, and that it will be hard for some of them to reintegrate. There are several tools and programs to help and he encouraged everyone to advise any returning veter- ans that the assistance of the office is available. Comments: Erickson: Commented that it has been five years since the invasion of Iraq and a key thing is to support the troops. Asked if the current active duty group is more vulnerable since they received an extension of duty when they thought they were coming home. Kubinski: Agreed that could be a possibility and spoke of the availability of counselors for them. Stated a DVD was made that would be good for manager/supervisor review to help understand employees that are impacted by a returning veteran. 3 City Council Meeting Minutes March 19, 2007 DRAFT Erickson: Asked what plans there are to help families or other people affected by the return of veterans. Kubinski: Replied that the Veterans Resource Center with offices in Minneapolis, Duluth and Mankato is equipped to provide counseling for veterans and family members; a hotline is available and the VA Hospital giving priority to veterans coming home now. LeMair: Recalled the Prior Lake veteran who asked for help. Described his own experience with hiring vets and stated it would have been beneficial to have had the DVD to know what to expect and prepare for it. Kubinski: The DVD has been sent to each public access cable TV and is available for Prior Lake. Stated there are no copyright issues and it can be shown at will. Stated the program is not just for the National Guard, but for any returning active duty service person. Hedberg: Commented that many of us lived through the Vietnam era and learned that we need to provide help for veterans coming home. Millar: Commented that he is a Vietnam Vet and there was a two-hour integration session when they came home and then they were cut loose. Believes that is a problem and noted this returning National Guard has a support system and they also have each other. Believes it will be good to get this DVD to employers and suggested getting it to Chambers of Commerce as they are in touch with employers. Ad- dressed the public saying it is important to take action by getting involved with returning active duty service people and if it appears they are in trouble with reintegration or mental health issues, contact someone like Todd. Commented that some issues could surface in the future and everyone should be prepared for that. Haugen: Liked the information that was shared in Kubinski's presentation. Noted that there is only a staff of three for the thousands of veterans that are in Scott County. Commented that some of the people who are impacted may never have been in Iraq, but are families or co-workers that are impacted. Mental health and homelessness issues may arise for years to come. Kubinski: Replied that Scott County supports the funding for the transportation program and other re- sources. The Veterans Service Office uses the help of VFWs and Legions as well as the Workforce Cen- ters, etc. Will continue to partner with the communities. PUBLIC HEARING Pavlish Property Park Land Acquisition Department of Natural Resources Grants Public Works Director Albrecht explained that this public hearing is held to comply with requirements for grant applications. Stated that the Trust for Public Land (TPL) has been working with the Pavlish family on a purchase option and it could be the cornerstone in a much larger park project. Stated that the compre- hensive plan identifies three parks in this part of town and this property would present an opportunity to locate all the parks in this area and would provide a passive use, natural park that is much needed. Commented that the Vierling's are supportive to the idea of pulling Prior Lake Trail back from the lake and that might allow restoration of the shoreline. Stated that TPL has taken the lead in finding funds and fund- raising is needed to come up with remaining funds. Reminded the Council that no formal agreement for $500,000 to support this grant application is signed although the Council spoke of using $375,000 from the capital park fund and $125,000 out of the contingency fund. Spoke of costs of maintaining park land. Stated that improvements could include natural trails for cross country skiing and that the lake is good for canoeing. Introduced Robert McGillivray of the Trust for Public Land. McGillivray: Stated that the goal of the TPL is to help communities preserve land. It has obtained an op- tion to purchase the property for its appraised fair market value and is raising funds to acquire the property. Grateful the City is willing to make a financial commitment. Commented that TPL is working with staff to put together grant applications and letters of approval have been obtained from Scott County, the lower Minnesota watershed district, and the Prior Lake Spring Lake Watershed District. Letters are also expected 4 City Council Meeting Minutes March 19,2007 DRAFT from Shakopee and the North Scott Land Trust. Grants will be submitted at the end of March and the DNR typically makes its decision at the end of June or July. Envisions closing on the property next fall. MOTION BY MILLALR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 7:17 p.m. Comments: No person stepped forward to speak. MOTION BY MILLAR, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 7:18 p.m. Comments: Millar: Thanked McGillivray for his hard work and commented that this partnership is in line with the City's 2030 Vision and Strategic Plan to protect green area and provide parks. Hedberg: Agreed this has many elements that make it attractive and the opportunity to preserve it natu- rally is very exciting. Noted this is a chance to work toward cleaning the lake up and because of agricul- tural uses and the outlet channel, it needs some clean up. Will support the $500,000 commitment and will help McGillivray to succeed in his efforts. McGillivray: Believes this lake is on the watershed's list to ascertain what can be done to make it better. LeMair: Agreed this will be a great area for the City. Asked how TPL comes across parcels of land. McGillivray: Replied that sources included representatives of units of government, citizens or landowners who want to conserve property. In this case, the Pavlishes approached him while he was staffing a booth at the Capital. Erickson: Agreed it is a great project. Haugen: Stated that this is part of planned strategy for the City to gain open space and preserve it. Ex- cited about the prospects of grants to leverage City money. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07-048 SUPPORTING DEPARTMENT OF NATURAL RESOURCE GRANT APPLICATIONS FOR ACQUISITION OF THE PAVLlSH PROPERTY FOR PIKE LAKE PARK. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS Consider Approval of a Resolution Approving the Plans and Specifications and Cooperative Agreement with Scott County for County Road 21 Reconstruction. Public Works Director Albrecht described the upgrades planned for the CR 21 from Franklin Trail to Adelmann including the work to be done on the intersections at Franklin, Fish Point and Adelmann. De- scribed costs and funding for the project. Noted that the City is paying for a turn lane at Adelmann because we requested it. Also reminded the Council that the project was advanced by the Council requesting the County to accelerate it due to the need to provide the fire station and resident safe access onto CR 21. Stated the County made it a priority and received federal funding for the project. 5 City Council Meeting Minutes March 19, 2007 DRAFT Comments: Hedberg: Asked what long-term impact there will be by using some financing from reconstruction bonds and deferring a neighborhood street reconstruction project. Albrecht: Replied that the deferral of City street reconstruction started with the CR 82 project. Explained that the City set a limit of bonding for road projects in order to minimize tax impacts. In order for the City to maintain that tax level, it is doing a regional project instead of a neighborhood project. It results in pushing neighborhood projects two years, but allows the City to take advantage of money that Scott County has right now. Believes it is in the City's best interest to leverage the County's dollars. Stated there is a 20- year list of neighborhood street reconstruction projects. Hedberg: Believes the previous Council and staff are right that there was pressing need and the County was able to jump on it and get it done. Noted that a challenge we face is that projects with the County will not always line up with the City's needs and believes it is an important step to look at in capital planning to see where the City can free up capital funds to keep up with neighborhood reconstruction. Stated it will be an area to look at in the budgeting processing. LeMair: Favored this project three years ago when the Council pushed the County to do it. Acknowledged the County worked hard to secure federal funds to facilitate a project the City placed a priority on. Appreci- ated efforts and will support. Erickson: Asked how long roads will be closed and what alternatives drivers will have during the construc- tion. Albrecht: Replied that half the road will be built at a time and construction is planned to be substantially completed this summer. Stated that Franklin Trail may be closed in each direction and that will be the big- gest inconvenience. More traffic will be pushed to Hwy 13. Newsletters will be sent to people in the corri- dor explaining the traffic routes. Millar: Agreed it is important to get semaphores on Fish Point Trail and believes it is good management to leverage money when we can. Asked when CR 82 will be closed. Albrecht: It will be closed in April from Majestic to Glynwater, followed by the segment from Wilds Park- way to 83. CR 17 will remain open and CR 82 is planned to be fully open by fall. Haugen: Thanked Leslie Vermillion and the Public Works staff at the County for finding funding and fed- eral money when they realized how important this project is to Prior Lake. Albrecht: Noted that federal funding goes to projects that are ready. Haugen: Suggested that good communication occur with the high school when Franklin Trail closure is planned. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07-049 APPROVING THE PLANS AND SPECIFICATIONS AND COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE RECONSTRUCTION OF CR 21. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Mayor Haugen brought forward for discussion the Windsong Association Safety Fence agenda item to ac- commodate the residents, many with small children, who were attending the meeting. Consider Approval of a Report Regarding a Change in the CR 21 Windsong Association Safety Fence Material Composition and Contribution. Public Works Director Albrecht informed the Council that residents from the Windsong Association are requesting a change in the proposed fencing materials along CR 21 where a retaining wall is necessitating a fence for safety reasons. Noted that the entry way to the tennis court threw off the County's calculation 6 City Council Meeting Minutes March 19,2007 DRAFT for the height of the retaining wall and the County is proposing placement of a chain link fence on top of the wall as a solution to the risks posed by the height of the retaining wall. The association wanted time to consider potential options for fencing which have been discussed with the City. Association is suggesting an aluminum and stone fence on top of the retaining wall. Albrecht gave brief history of the Glynwater fenc- ing project in conjunction with the CR 82 project where the City approved use of trees and an upgrade of fencing from chain link to wood in order to block headlights shining into people's homes and to avoid a chain link fence that could have been climbed by children and thus be a possible safety hazard. Albrecht cautioned against setting a precedent in providing aesthetic fencing for neighborhoods that experience road reconstruction projects given that the same issue will arise with the CSAH 12 and 42 projects. Noted that residents were at the meeting and hoped to be able to address the Council. Comments: Haugen: Commented that public input on an agenda item is generally not allowed since all perspectives may not be represented; and that public hearings are the opportunity for public involvement. Albrecht: Noted that residents did not know they had a fence issue at the time of the public hearing as the issue arose mid-project. Haugen: Stated that the bylaws allow the Mayor's discretion in allowing the public to address the Council and that the Association could pick a representative to speak. Mark Rausch, 4095 Eau Claire Circle, President of the Windsong Association, and Mike LaVelle, 4170 Windsong Circle, Vice President of the Windsong Association, came forward to address the Council. Rausch: Stated he was president of the Association. Concurred that the issue arose after construction started. Stated that the covenants of the Association do not allow fencing and the proposal by the County for cyclone fencing sets precedence that is not consistent with the value of the homes in the area. Stated the Association is asking for an aesthetically pleasing fence. Believes the chain link does not reflect value and a wood fence would require maintenance whereas an aluminum and stone fence would be mainte- nance-free and consistent with the value of the homes in the area. Association requests that the City con- tribute two-thirds and the Association would pay one-third. Stated the County has not recognized this extra cost, but the Association is willing to pay a fair share of one-third. The Association would want to use the funds from the county to further enhance the entrances to the Association. Noted that the fence was not part of the eminent domain proceedings. LaVelle: Stated he is Vice-President of the Association. Distributed documents showing bids for construc- tion of the fence along with a proposed design. Stated the Association is also receptive to using the style of fencing that is currently used around public buildings in the City. Comments: Haugen: Stated that the City Council Bylaws permitted a Councilor to ask questions of a member of the audience and inquired whether any Councilor had questions from anyone other than staff. Erickson: Stated this is not similar to the Glynwater situation where the reasons for the upgraded fencing were for safety and light barrier rather than aesthetics. Commented that responsibility for maintenance would be dependent upon whose land it is on and asked if the fence is on County land. Albrecht: Replied that placement of the fence on Windsong property would be the safest location. Erickson: Asked about eminent domain. Albrecht: Replied that the Association is trying to resolve this without looping into those issues and noted that the County could put the fence on County property, but it would not be desirable. 7 City Council Meeting Minutes March 19, 2007 DRAFT Erickson: Noted that another perspective is that of the taxpayer and a chain link fence would provide safety. Albrecht: Replied that the location of the fence would determine optimum safety. Erickson: Clarified the costs for various types of fencing and where funding would come from. Albrecht: Replied that costs associated with safety could be from street oversize funding and that the County will pay $5,000 toward fencing. Erickson: Asked if there is any reason to put in wood rather than chain. Albrecht: Replied that the wood the County would use would not look better than the black chain link and those are the only two options provided under the County contract. Erickson: Clarified that the County will pay $16 per foot and that there is no reason for any upgrade other than aesthetics. Albrecht: Agreed. Erickson: Believes it is hard to justify determining what is a prestigious enough neighborhood to spend more in and the taxpayer should make the decision rather than the individual neighborhood. Haugen: Noted it is important not to compare neighborhoods but to look at the merit of an individual pro- ject with the rationale provided by staff and residents. The solution at Glynwater did not set a precedent for what to do with Windsong, just as the decision regarding Windsong should not be viewed as a basis for what the City will do in the event of another situation. Suggested Councilors not consider they are estab- lishing precedents as each situation stands on its own. Erickson: Inclined to have the Association pay the difference between the County's dollars and what they want. LeMair: Recalled that he voted for the wood fence for Glynwater because the chain link fence was close to the trail and offered too many opportunities for kids to climb the fence and was not safe. Believes this situation has the same kind of safety issue and a wood fence could be justified. Stated he is not in favor of paying two-thirds of the cost for stone and aluminum as that is a capital upgrade and is the responsibility of the Association. Asked if the County has been approached in this public format. Albrecht: Replied he has spoken with County staff and they indicated they would pay for cyclone fencing. LeMair: Clarified that the Association has not been to the County in an open forum. Rausch: Concurred and stated the Association decided to work with the City first. LeMair: Indicated he is willing to go $60 per linear foot (equivalent of wood) towards fencing. Hedberg: Clarified costs of different fencing proposals. Stated that Windsong is a prestigious community and is attractive, but that the responsibility of City is to ensure proper safety is provided. For benefit of tax- payers he is inclined to support the first proposed altemative which is the County paying $5,000, the City paying $9,600 to upgrade to wood for safety reasons, and the Association would be responsible for any- thing over those amounts. Albrecht: Stated the County will not take on construction of anything but chain link or wood, so there may be another agreement process to go through. Hedberg: Stated that in terms of financial commitment, he will support the first alternative and believes it is not appropriate for the City to go beyond that. Millar: Concurred that the Windsong community is a beautiful addition to the City. Asked for clarification of the requested amount. Rausch: Replied that the Association proposes that the City and County provide two-thirds of the cost of an aluminum and stone fence and the Association would pay the other one-third. Millar: Believes that it is not wise for the City to agree to percentages. Believes there is a safety problem in each scenario and supports the first proposed alternate of the City providing $9,600. 8 City Council Meeting Minutes March 19, 2007 DRAFT Haugen: Believes Glynwater and Windsong are not comparable. Stated he is not critical of the Associa- tion for wanting what looks best to them, but the City cannot spend public funds for private purpose. Will support $9,600 for the wood fence but more than that is beyond what is called the public purpose doctrine and not fair to the rest of the taxpayers. Erickson: Stated if safety is an issue, he will support wood. Haugen: Clarified that staff supports an upgrade contribution of $45.10 per linear foot. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07-054 AUTHORIZING A CHANGE IN THE CR 21, WINDSONG ASSOCIATION SAFETY FENCE MATERIAL COMPOSITION AND CONTRIBUTION WITH THE CITY AGREEING TO PAY $45.10 PER LINEAL FOOT ON THE FENCE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Mayor Haugen resumed the agenda as presented. Consider Approval of Resolutions: 1. Accepting Bids and Authorizing McCombs Frank Roos and Associates (MFRA) to Provide Con- struction Staking for 2007 Construction Projects, and 2. Accepting Proposals and Authorizing Stork Twin City Testing to Provide Construction Testing for 2007 Construction Projects. Assistant Engineer Poppler explained the bids and described the City's experience using MFRA on past staking projects and with Stork Twin City for past testing projects. Comments: Millar: No questions. Hedberg: Asked if the base price was written into the contract with MFRA as a not-to-exceed amount and whether the specifications are written clearly enough to know if work is base or re-staking. Poppler: Replied that all staking is documented, so the City will know if a job is base or re-staked. Af- firmed that the $19,900 price is a not-to-exceed amount. Hedberg: Asked if specifications were sufficient to have them provide a firm estimate for Welcome and Ida Circle. Poppler: Replied that a price for services were not provided, but rather a unit rate sheet and the City cal- culates based on those rates. Hedberg: Clarified that those projects are not yet ready to be executed. Poppler: Affirmed and noted that when the projects are bid it will include testing and staking with those projects. Hedberg: Asked if it is possible their pricing will be different at that time. Poppler: Replied that the rates are locked in. Hedberg: Noted that one bid was slightly less for testing with Stork having a lesser bid when including those two projects. Will support. LeMair: Asked if MFRA is more efficient to allow a rate that is so much lower. Poppler: Responded that the bids were based on having a three-person crew, but MFRA has completed our projects for the past few years and are familiar with our staff and procedures so perhaps they think they can get it done quicker. LeMair: Asked if American Engineering Testing is the new building in Deerfield. Poppler: Replied that they are based out of St. Paul. 9 City Council Meeting Minutes March 19,2007 DRAFT LeMair: Noted there are three competitive bids. Will support. Erickson: No questions. Haugen: No comments. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07-050 AUTHORIZING MCCOMBS FRANK ROOS AND ASSOCIATES TO PROVIDE CONSTRUCTION STAKING SERVICES FOR 2007 CONSTRUCTION PROJECTS FOR AN AMOUNT NOT TO EXCEED $19,900. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07-051 AUTHORIZING STORK TWIN CITY TESTING TO PROVIDE CONSTRUCTION TESTING SERVICES FOR 2007 CONSTRUCTION PROJECTS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving Permitting Agreements with the Prior Lake Spring Lake Watershed District and the Scott Watershed Management Organization. Water Resources Engineer Bintner explained that the permitting agreements represent an equivalent set of rules and will allow the City to be the official permitting authority in the City. Comments: LeMair: Makes sense. Relying on the expertise of staff and trusts this will be an improvement. Erickson: Concurred. Millar: Stated that if the City has authority over the permitting it will be more user-friendly for customers, so glad to see it. Hedberg: Asks if the watershed districts collect permitting fees and if the City becomes the official permit- ting authority in the City, will the City collect the fees. Albrecht: Responded that the City already collects fee through the review process. City will monitor to assure no additional costs are being incurred. If so, the fee schedule can be revised next year. In an at- tempt to remain revenue-neutral, the City will hope to hand off some tasks such as water quality review to the Prior Lake Spring Lake Watershed District. Hedberg: Clarified that until review of fees in the City, this action will have the effect of saving developers money and time. Albrecht: Affirmed. Hedberg: This will be much more streamlined. Haugen: Concurred that the fact that is more streamlined and saves people time and money is a good thing. Noted that this is an area of expertise that Water Resources Engineer Bintner has and this is part of the rules and regulations put forth in the City. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07-052 APPROVING PERMITTING AGREEMENTS WITH THE PRIOR LAKE SPRING LAKE WATERSHED DISTRICT AND THE SCOTT WATERSHED MANAGEMENT ORGANIZATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Accepting a Feasibility Report for Improvement of the Fish Point Park Pond Outlet. 10 City Council Meeting Minutes March 19,2007 DRAFT Water Resources Engineer Bintner displayed the outlet on a map of the area and noted that a resident had requested that this project be included on the CIP. Explained that when a feasible option is less than $10,000, the City would just design it and do it, but this is a special circumstance in that easements are needed from the two residents involved in order for the City to take over maintenance of the outlet. Ex- plained that a study was conducted of drainage through the pond, the kind of land and how much land is involved, and how much and the flow pattern of the water that might come through the channel. Explained the alternatives of improving the existing channel or having water piped all the way to Prior Lake with a goal of reducing damage to private property. Displayed pictures of water problems that occurred during street reconstruction and a 100-year storm event. Explained that staff prefers the option of improving the existing channel and that residents preferred the piping option. Believes the piping option is more costly and would still require an overflow channel for large rain events. Believes that the costs of piping are not justified un- der public benefit and that the City should take responsibility for the flow path in perpetuity, but not at all cost. Comments: Hedberg: Commented that it is a complicated issue because during large rain events so much water flows through that outlet. Asked what would be done to create an improved channel. Ross: Replied that we would take a level of certainty called a 1 OO-year event and design flows for that amount of water and velocity. Noted that a heavily vegetated area exists so dense grasses may not work in this area, but a bio-engineered burlap material could be placed there, the sand mass and vegetation that is in the wrong place could be removed and vegetation could be promoted along the banks to hold them in place along with regrading and a rock armory. Hedberg: Asked what a 1 OO-year event is. Ross: Replied it is defined by the Natural Resource Conservation Service and is six inches of rain over a 24-hour period. Haugen: Asked how many 100 year events there have been in the last ten years. Ross: Unknown, but a 100-year rainfall event is note the same as a 100-year runoff event which has to do with soil moisture. Hedberg: Asked if the City would need a permanent easement for maintenance to keep the outlet in good working order. Ross: Affirmed a permanent easement would be needed for both construction and maintenance. Hedberg: Believes a compelling point is that a pipe couldn't be designed to handle 1 OO-year events. Ross: Replied that a pipe could be designed for the flow, but it would consist of replacing a portion of the channel with piping and is not a feasible cost. Hedberg: Clarified that such a pipe would not be represented by the $32,000 costs. Stated he would sup- port the alternative of upgrading the outlet since piping to handle emergency events is not feasible. Millar: Asked whether piping could be a solution if the property owners want to share responsibility for cost. Bintner: Replied he did not believe it to be viable and would be approximately $10,000 per person. Hedberg: Commented that even if piping handled the 50-year events, there would be runoff. Millar: Asked for clarification on piping that could be built. Bintner: Noted that the second alternative listed is for 48" pipe which would handle a 50-year event, but not a 1 OO-year event. Millar: Stated he would like to give the property owners a chance to choose if they would like to participate in the cost, otherwise would support upgrading the outlet channel. Asked the City Attorney for her opinion on receiving input from the property owners at this time. 11 City Council Meeting Minutes March 19, 2007 DRAFT Pace: Replied that decision is not hers to make. Staff is stating that in their professional judgment the pip- ing is not something they would recommend. If the Council concurs with staff recommendation, there is no need to ask residents if they want to become involved in cost sharing. Millar: Stated he would support the piping option if there is interest in cost sharing, otherwise would sup- port upgrading the channel contingent upon acquiring easements. Hedberg: Asked the property owners if they are interested in a cost sharing solution which would be ap- proximately $10,000 each. John Titus: Informed the Council that he made a presentation at a former Council meeting. Stated the pipe solution was proposed by Poppler after that presentation. Neighbors discussed the pipe solution and thought it was good idea. Believes the channel solution won't work. He has been the caretaker of that ra- vine for 35 years and it was maintained with grass and a stand of cottonwood trees for many years. When the water rose, the trees died. Believes the reason it is a problem now is that it has become a storm sewer drain. He does not intend to contribute any more than he already has. Stated he has maintained it for the City for all of these years. This is the third time the City has had to rebuild beaches because of washouts. Does not believe anything will grow in the ravine for any length of time because of the years the water level is elevated. Anything less than pipe solution does not make sense. Haugen: Clarified that the property owners do not want to participate financially. Titus: No. LeMair: Finds it interesting that the swale is on private property, but the City is responsible. Even if the Council approves an upgrade to make the outlet functional, the property owners can reject giving us ease- ments. Bintner: Affirmed and stated he believes the residents are not interested in giving the City easements unless a pipe is installed. LeMair: Reiterated that the City does not own the property and questioned whether the City is responsible every time the beach is washed out. Bintner: Believes it would be good policy for the City to take over maintenance of it. LeMair: Asked if the property owners could refuse an easement. Bintner: Concurred, but believes the City should offer to take care of it in a fiscally prudent way. LeMair: Stated that the option of the pipe that is stated in the report does not make sense because it won't solve the problem. Not sure there is a solution. Pace: Noted that such a solution is predicated on the assumption that the City has the responsibility to restore the beach when it erodes and she is not sure that is the correct assumption. Stated the City has responsibility for stormwater management and asks for drainage and utility easements for every plat so we can manage the stormwater; and the City also works with the Prior Lake Spring Lake Watershed District on the outlet channel. This is an existing channel to handle stormwater runoff and if the property is being damaged because it is not large enough, but property owners won't let the City on their property to fix it, it does not mean that the City is forced to have a more expensive alternative. LeMair: Noted that it has been repaired three times. Asked whether the City could state it should be al- lowed on the property to fix it or not do the repairs. Pace: Agreed and stated it is a policy choice whether conditions are such that the Council wants to as- sume responsibility of stormwater management, but property owners would have to allow the City to enter their property to fix it in a way that the Engineering Department is recommending. It does not mean a con- clusion has been reached that it is the City's responsibility. LeMair: Asked if the option for upgrading the channel is the same option that was offered during the road reconstruction at which time no agreement for an easement was reached. 12 City Council Meeting Minutes March 19, 2007 DRAFT Poppler: Replied that the City pursued getting easements prior to even seeking a solution and was re- jected at that time. The culvert was replaced and outletted to the same point it was prior to the project. LeMair: Sees as the only feasible solution for handling the water to be upgrading the outlet channel and it is also more financially conservative. If property owners will not give an easement, we might consult further legal advice. Erickson: Thanked Titus for his input. Questioned staff if any vegetation could grow there on the outlet channel because of flooding. Bintner: Stated that when the lake level is high, it may be up for months on a time and even the hardiest tree would die. That cycle will continue. Erickson: Asked if that area would be better for vegetation or rock. Bintner: Replied that this conceptual design tries to estimate the materials needed and would try to pick the elevation that would be under water infrequently for vegetation. Stated that the City could re-vegetate if the area is flooded out. Erickson: Asked if it would add to the cost to rock a larger area. Bintner: Replied that this design shows rock limited to around the outlet and a portion of the low channel flow so it increase cost to add more rock. Erickson: Asked if the upgrade were more of a rocked-in channel it would it give a long-term working solu- tion without the deficiencies of a pipe system. Ross: Stated a shoreline restoration might be possible and a watershed district grant could be requested, but it would require property owner permission with proper easements. Erickson: Asked what should be done now if that were to be pursued. Bintner: Replied that easements would need to be obtained. This proposes a stabilized channel and re- vegetation. Erickson: Asked if a different resolution would be needed if working towards a solution with more rock. Bintner: Believes the first alternative would achieve that. If easements were permitted, the City could spend an estimated $10,000 this year. If there were deficiencies or if residents are interested in cooperat- ing on a grant, it could all happen with the proposed resolution. Erickson: Stated he understands that the proposed solution for upgrading the channel won't work long term because of the fluctuation of water level. Suggested putting a plan together for a channel that would be more workable for the future and might give the property owners some piece of mind for the future. Bintner: Believes this solution would provide a generally stable channel. Poppler: Noted that this is a feasibility report and if the project were bid out, prices could come in lower. Erickson: Stated he could support a solution to upgrade the channel outlet with the addition of using proper materials to make it stable for varying water levels. Millar: Stated he hopes a solution can be found, but the alternative to upgrade the channel seems best at this time. Haugen: Stated that the piping option does not seem viable and he does not want to spend the money on that; and that the upgrade option will likely work but he recognizes that it may not. If the upgrading can be done with the likelihood of success, it is a better option than piping and doesn't spend the money. Sug- gested approving the upgrade option, work with the property owners to see if easements should be done or find another solution that might lead to another alternative with grants or something new. Stated he trusts the technical knowledge of the staff. Bintner: Reiterated that staff can design anything to work, but that feasibility means fiscal prudence as well. LeMair: Stated that it appears the only option we have that is viable is a channel upgrade. 13 City Council Meeting Minutes March 19, 2007 DRAFT MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07-053 APPROVING A PRELIMINARY REPORT FOR THE IMPROVEMENT OF THE FISH POINT PARK POND OUTLET USING THE FIRST ALTERNATIVE (UPGRADING THE OUTLET CHANNEL) AS THE SOLUTION WITH CONSIDERATION OF ADDITIONAL ROCK MATERIAL. Hedberg: Seems that this alternative is one that the property owners won't accept in its present form and questioned whether the topic should be tabled to another meeting with direction to staff to find an open channel solution that the property owners can support. LeMair: Replied that there is an option the Council can take and it provides direction for what the Council is willing to accept at this point. Haugen: Stated that the proposed motion provides a position where staff can work with the property own- ers. Millar: Reiterated that he wants to work with the property owners and also find a way that is prudent for the City. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Request to Prepare a Report Regarding Ethics in Prior Lake Governance. City Manager Boyles indicated the purpose of this report is to provide a status report of what City staff and City counsel do in regards to ethics in Prior Lake government, as well as receive any direction on whether or not current practice should continue or enlist help. Indicated ethics in government starts with state stat- utes that have to do with purchasing, bidding, annual audits, conflict of interest, role of city council, person- nel and labor negotiations, etc. The various laws are translated at the local level into city code. Policies and guidelines often go beyond what the statutory requirements are and the documents are approved by the city council. Commented that rather than relying on city staff and counsel for direction, it is possible to use consultants that are available to help assure ethics in local government. From staff perspective, it ap- pears that the most appropriate approach is to continue to rely on staff first and primarily to review the per- sonnel policy which addresses employees, the purchasing policy and the City Council Bylaws. Would want to use the assistance of the bylaw and compensation subcommittee of the City Council. Recommended that the Council authorize staff to proceed with reviewing various policies, comparing them against docu- ments that other communities have to make them better documents for guiding ethics in local government. After viewing such documents, staff would bring any recommended changes in them to the Council for any appropriate action. Comments: Hedberg: Stated that those in public office and the city staff hold the public trust which calls us to act to a high standard. State statute defines many standards for us. Believes it is worthwhile for us to examine if we are earning the public trust that we are empowered with. Supports the recommendation that staff fo- cuses on review of personnel policies and purchasing polices to see if the way they are written and applied fit the public trust, and then can decide if further steps and outside assistance should be pursued. Sug- gested looking at whistle-blower protections in the personnel policies. LeMair: Concurred with Hedberg comments. Believes constant self examination and reminders of what we are here to do are necessary. Would be beneficial to staff, Council and constituents of the 2030 vision- ing process, but not sure if consultant should be brought in as it would incur significant cost in time from key members. Would support from the standpoint of how we go about checking ourselves and bringing this to the forefront, but not spending money on a firm to do so. 14 City Council Meeting Minutes March 19, 2007 DRAFT Erickson: Agrees that ethics needs to be kept on a front burner. People establish habits by orientation of expectations of new people coming into the organization. City should be sure of good written policy and have a good way of initiating new employees, fire and police personnel. Agrees that a whistle-blower policy should be part of it. Suggested using a workshop to show Council what orientation is given to new em- ployee rather than bring in a consultant. Millar: Concurs with previous comments. Noted that ethics start with strong, good leadership and Council should do evaluation of themselves as representatives of the City and adopt their own standards. Believes the evaluation should be done in-house rather than use outside sources. Haugen: Agreed that ethics, integrity, and trust are critical foundations of effective government. Believes self evaluation should be defined, measured, monitored and ongoing. Does not believe we should spend the money on an outside consultant. Seems to be a consensus to have staff put it together and proposes a staff committee to create staff ownership. MOTION BY HEDBERG, SECONDED BY LEMAIR TO DIRECT STAFF TO PREPARE A REPORT OUTLINING VARIOUS OPTIONS FOR SUPPORTING ETHICS IN PRIOR LAKE GOVERNMENT, SPECIFICALLY TO FOCUS ON A STAFF REVIEW OF PERSONNEL POLICIES AND PURCHASING POLICIES INCLUDING POTENTIAL WHISTLE BLOWER PROTECTIONS, WITH NO OUTSIDE EXPENDITURES. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER LeMair: Golden Gophers wrestlers were national champs at Auburn Hills, Michigan. Sound of Music is playing at Twin Oaks Middle School. Hedberg: The school district's knowledge bowl team is advancing to state competition. The Prior Lake robotics team is advancing to national competition. RECESS Mayor Haugen called a recess at 10:09 p.m. for the purpose of conducting the annual City Manager per- formance evaluation. RECONVENE The meeting reconvened at 10:51 p.m. Executive Session - Annual City Manager Performance Evaluation. Mayor Haugen announced that the annual City Manager performance evaluation was conducted, and that the criteria used for evaluation along with the modified contract for approval will be placed on the Council agenda. 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 10:52 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 15