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HomeMy WebLinkAbout031907 minutesCity Council Meeting Minutes March 19, 2007 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 Dir ector/City Engineer Albrecht, Assistant City Engineer Poppler, W ater Resources Engineer Bintner, Assistant City Manager Meyer, Communic a tions Coordinator Peterson and Administrative As si s 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 m aximum 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 pr e- sented during the Public Forum. City Manager Boyles explained the concept of the publi c 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 MOTI ON 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 m o tion carried. CONSENT AGENDA C ity 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. Con sider Approval of Fire Call Report. F. Consider A pproval of Resolution 07 - xxx Accepting Plans and Specifications and Authorizing Advertis e- ment for Bids for Sidewalk Construction on H awk Ridge Road. 1 City Council Meeting Minutes March 19, 2007 G. Consider Approval of a Temporary On - Sale Intoxicati ng 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 I m provements. I. Consider Approval of Resolution 07 - 047 Approving Polling Location Change fo r 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 5F, Consider A pproval of Resolution 07 - xxx A c- cepting Plans and Specifications and Authorizin g Adve r tisement for Bids for Sidewalk Construction on H awk Ridge Road , from the consent agenda. Councilor Millar requested that item 5G, Consider Approval of a Temporary On - Sale Intoxicating Liquor License for the Church of St. Michael Aprilfest, be remo ved from the consent agenda so he could re cuse hi m self 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 sid ewalk 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 sp e- cial plowing. Poppler: Replied that sidewalks on the south side of the road would hav e 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 re sidents do not have to give that permission. Public works determined that plo w- ing can be worked out for this configuration. Noted that crossing this street is less of an issue for pedestr i- ans than it would be on Northwood Road because there is less traff ic. 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 cros s- walk requirements . Stated that the development is set up fo r 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 develo p ment at this time. Erickson: Stated that in retrospect, should have asked for sidewalks o n 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 cann ot go back several years. Noted that this is n ot a co n nector street with high traffic and it d oes not warrant abandoning the plan. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE AGENDA ITEM 5F, APPROVING R ESOLUTION 07 - 045 ACCEPTING PLANS AND SPECIFICAT IONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR SIDEWALK CONSTRUCTION ON HAWK RIDGE ROAD. 2 City Council Meeting Minutes March 19, 2007 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 fundraising goal, and that Jim Petersen will be the fundraising chair in Prior L ake. They hope to begin co n- struction this year and be open by fall 2008. Comments: Hedberg: E xcited 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: Repli ed the camp has been there for over 25 years and they e x pect it to stay. Hedberg: Commented that the YMCA’s plans helps the City pull its plans together for a nature park and other f a cilities around that lake. Millar: Agreed the YMCA’s plan is exciting f or P rior Lake and will fill a niche. Asked if there is a p ossibi l ity of t hem looking at an outdoor water park to see if there can be a partne r ship. Anderson: Affirmed. Erickson: Noted that the YMCA has great programs and asked if it will work with or h elp 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 add i tion, but believes there is a void for things for all children to do during the summer in this community. Asked Ande r son to let the Council know if the YMCA will not be doing an outdoor water park. Anderson: Replied that architectural work has not been d one 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 t hree years since initial discussions and he is excited to see YMC A 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 t a- 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 ben e- fits such as pension, disability, educat ion 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 vete r- 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 k ey thing is to su p port the troops. Asked if the current active duty group is more vuln erable since they received an exte n sion of duty when they though t they were coming home. K ubinski : 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 i m pacted by a returning veteran. 3 City Council Meeting Minutes March 19, 2007 Erickson: Asked what plans there are to help families or other people affected by the return of veterans. K ubinski : Replied that the V et erans Resource C enter with offices in Minneapolis, Duluth and Mankato is equipped to provide counseling for vet erans and family members ; a hotline is available and the VA Hosp i tal giving priority to vet eran s co m ing home now. LeMair : Recalled the P rior L ake veteran wh o asked for help . Descri bed his own experience with hiring vets and stated it would have been ben e ficial 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 P rior L ake . 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 a ny returning active duty service person. Hedberg: Commented that many of us lived through the Vietnam era and learned that we need to pr ovide help for vet eran s coming home. Millar: Commented that he is a Vietnam Vet and there was a two - hour integration session when they cam e home and then they were cut loose. Believes that is a problem and noted this returning Na tional Guard has a suppo rt system and they also have each other. Believes it will be good to get this DVD to employ ers and suggested getting it to Chamber s of Commerce as they are in touch with employers. A d- dressed the public saying it is important to take action by getting in volved 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 a re families or co - workers that are impacted. Mental health a nd hom e lessness issues may arise for years to come. Kubinski: Replied that Scott County supports the funding for the transportation program and other r e- sources. The Veterans Service Off ice uses the help of VFW s and Legions as well as the Workforce Ce n- 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 expla ined 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 proje ct . Stated that the compr e- hensive plan ide n tifies t hree parks in this part of town and this property would present an opportunity to locate all the parks in this area and w ould provide a passive use, natur al park that is much needed. Commented tha t 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 fun d- raising is needed to come up with remaining funds. R eminded the Council that no formal agre e ment for $500,000 to support this grant application is signed al though the Council spoke of using $375,000 f r o m the cap i tal park fund and $ 125,000 out of the contingency fund. Spoke of costs of maintaining park land . Stated that i mprovements c ould include natural trails for cross country skiing and that the lake is good for canoeing . Introduced Robert McGi l livray of the Trust for Public Land . McGillivray : Stated that the goal of the TPL is to help communities pres erve land. It has obtained an o p- tion to purchase the property for its appraised fair market value and is raising funds to acquire the pro p erty. Grateful the C ity is willing to make a financial commitment. Commented that TPL is w orking with staff to put together grant applications and letters of approval have been obtained from Scott C ounty, the lower Minn e sota watershed district, and the Prior Lake Spring Lake W atershed D is trict. Letters are also expected 4 City Council Meeting Minutes March 19, 2007 from S hakopee and the North Scott Land Trust. G rants will be submitted at the end of March and the DNR typically makes its d e cision at the end of June or July. Envision s closing on the property next fall. MOTION BY MILLALR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Eri ckson, 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, L eMair and Millar. The motion carried an d 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 pr o tect green area and provide parks. Hedberg: Agreed this has m any elements that make it attractive and the o pportunity to preserve it nat u- rally is very exciting. Noted this is a c hance to work toward cleaning the lake up and because of agricu l- tural uses and the outlet ch annel, it needs some clean up. Will support the $500,000 commitment and will help McGillivray to su c ceed in his efforts. McGillivray : Believes this lake is on the watershed ’s list to ascertain what can be done to make it be t ter. LeMair : Agreed this wil l be a great area for the City. Asked how TPL come s across pa r cels of land. McGillivray : Replied that sources included rep resentatives of units of government, cit i zens or landowners who want to conserve property. In this case, the Pavlishes approached h im while he was staff ing a booth at the Capital. Erickson: Agreed it is a great project. Haugen: Stated that this is part of planned strategy for the C ity to gain open space and preserve it. E x- 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 PAVLISH PROPERTY FOR PIKE LAKE PARK. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. T he 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 C R 21 from Franklin Trail to Adelmann including the work to be done on the intersections at Franklin, Fish Point and Adelmann. D e- 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 fun d in g for the project. 5 City Council Meeting Minutes March 19, 2007 Comments: Hedberg: Asked what long - term impact there will be by using some financing from reconstruction bonds and deferring a neighbo r hood street reconstruction project . Albrecht: Replied that the deferral of C ity street reconstruct ion started with the CR 82 project . Explained that the City set a limit of bonding for road project s in order to minimize tax impacts. In order for the C ity to maintain that tax level , it is doing a regional project instead of a neighborhood project. It results in pushing neighbo r hood projects two years, but allows the City to tak e 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 neighborh ood street reconstruction pr o jects. Hedberg: Believes the previous C ouncil 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 pr o jects with the County will not al ways 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 pro c e ssing. 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. Apprec i- ated efforts and w ill support. Eri ckson: Asked how long road s will be closed and what alternatives drivers will have during the constru c- 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 F ranklin T rail may be closed in each direction and that will be the bi g- gest inconvenience. More traffic will be pushed to Hwy 13. Newsletters will be sent to people in the corr i- dor explaining the traffic routes. Millar: Agreed it is i mportant to get sema phore s on Fish Point Trail and believes it is good management to le v erage 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 Wi lds Par k- way to 83. CR 17 will r emain 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 fe d- eral money when they realized how important this project is to Prior Lake. Albrecht: Noted that f ederal 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 Fenc e agenda item to a c- 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 Direc tor 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 n e cessitating 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 for the height of the retaining wall and the County is propos ing 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 a ssociation wanted time to consider potential options for fencing which have been discussed with the City. Association is suggesting a n aluminum and stone fence on top of the retaining wall. Albrecht gave brief history of the Glynwater fen c- ing project in conjunction with the CR 82 pr o ject where the City approved use of trees and an upgrade of fencing from chain link to wood in order to block headlights shining into pe o ple’ s homes and to avoid a chain link fence that could have been climbed by children and thus be a possible safe ty hazard. Albrecht cautioned against setting a precedent in providing aesthetic fencing for neighbo r hoods that experience road reconstruction projects given that the same issue will arise with the CSAH 12 and 42 projects. Noted that residents were at t he 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 o p portunity for public involv ement . 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 th at the Association could pick a representative to speak. Mark Rausch , 4 095 E au Claire C ircle , President of the Windsong Association, and Mike LaV elle , 4170 W in d song C ircle , 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 Ass o ciation d o not allow fencing and the proposal by the County for cyclone fencing sets precedence that is no t consistent with the value of the homes in the area. Stated the Association is a sking for an aesthet i cally pleasing fence. Believes the c hain link does not reflect value and a wood fence would require maintenance whereas an a luminum and stone fence wou ld be maint e- nance - free and consistent with the value of the homes in the area. Association requests that the City co n- tribute two - thirds and the Ass o ciation would pay one - third. Stated the County has not recognized this extra cost, but the A ssociation is willing to pay a fair share of one - third . The Association would want to use the funds from the county to further e n hance the en trances to the A ssociation. Noted that the fence was not part of the eminent domain procee d ings. La V elle : Stated he is Vice - President of the Association. Distributed documents showing bids for constru c- tion of the fence along with a proposed design. Stated the Association is also receptive to using the style of fenc ing that is currently us ed around pu b lic 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 Glynw ater 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 C ounty land. Albrech t: Replied that placement of the fence on W indsong 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 i s sues and noted that the Coun ty could put the fence on C ounty property, but it would not be desirable. 7 City Council Meeting Minutes March 19, 2007 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 opt imum 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 C ounty will pay $5,000 toward fen c ing. Er ickson: 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: A greed. Erickson: Believes it is hard to justify determin ing 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 pr o- 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 esta b- lishing pr ecedents as each situation stands on its own. Erickson: Inclined to have the Association pay the difference b e tween the Cou nty’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 t his situation has the same kind of safety issue and a w ood fence could be justified. Stated he is n ot in f a vor of paying two - thirds of the cost for stone and aluminum as that is a capital upgrade and is the respon sibility of the A ssociation. Asked if the County has been approached in this public fo r mat. Albrecht: Replied he has spoken with County staff and they indicated they would pay for cycl one fenc ing. LeMair: Clarified that the A ssociation has not been to the C ounty in an open forum. Rausch: Concurred and stated the Association d e cided to work with the C ity 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 Win d song is a prestigious community and is attractive , but that the r esponsibility of City is to ensure proper safety is provided . For benefit of ta x- payers he i s incline d to support the first proposed alternative 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 an y- thing over those amounts. Albrecht: Stated the C ounty wi ll 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 t he City to go beyond that. Millar: Concurred that the Windsong community is a beautiful addition to the C ity. Asked for clarif ication of the r e quested amount. Rausch: Replied that the Association propose s that the City and C ounty provide two - thirds of t he cost of an aluminum and stone fence and the Association would pay the other one - third. Millar: Be lieves that it is not wise for the City to agree to pe r cent ages. Believes there is a s afety problem in each scenario and supports the first proposed alt ernate of the City providing $ 9,600. 8 City Council Meeting Minutes March 19, 2007 Haugen: B elieves Glynwater and Windsong are not comparable . Stated he is no t critical of the A ssoci a- tion for wanting what looks best to them, but the City cannot spend public funds for private purpose. Will su p port $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 ta x pay ers. Erickson: Stated if safety is an issue, he will support wood. Haugen: Clarified that staff supports an upgr ade 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 Assoc iates (MFRA) to Provide Co n- 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 d escribed the City’s experience using MFRA on past staking projects and with Stork Twin City for past testing projects. Comments: Millar: No qu e stion s . Hedberg: Asked if the base price was written into the contract with MFRA as a not - to - exceed amoun t and whether the specifications are written clear ly 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. A f- firmed that the $19,900 price is a not - to - exceed am ount . 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 ca l- culate s based on those rate s. 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 differ ent 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 pr o jects. Will support. LeMair : Asked if MFRA is more efficient to all ow a rate that is so much lower. Poppler: Responded that the bids were based on having a three - person crew, but MFRA ha s co m pleted our projects for the past few years and are familiar with our staff and procedures so perhaps they think they can get it don e 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 LeMair : Noted there are three competitive bids . Will support. Erickson: N o questions. Haugen: No commen ts. 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, Erick son, 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, E rickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving Permitting Agreements with the Prior Lake Spring Lake W a tershed District and the Scott Watershed Management Organization. Water Resources Engineer Bintne r explained that the permitting agreements represent an e quiv a lent 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 trust s this will be an i mprov e ment. Erickson: Concurred . Millar: Stated that if the City has authority over the permitting it will be more user - friendly for cu s tomers , so glad to see it. Hedberg: Asks if the watershed districts collect permitting fees and if the City becomes t he official permi t- ting authority in the City, will the City collect the fees. Albrecht: Responded that the City already collect s 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 a t- 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 ac tion will have the effect of saving develo p ers money and time . Albrecht: Affirmed. Hedberg: T his will be much more streamlined. Haugen: Concurred that the fact that is more streamlined and saves people time and money is a good t hing . Noted that t his is an area of expertise that Water Resources Engineer Bintner has and this is part of the rules and regul a tions put forth in the City. MOTION BY MILLAR, SECONDED BY L EMAIR TO APPROVE RESOLUTION 07 - 052 APPROVING PERMITTING AGREEMENTS WITH THE PRIOR LAKE S PRING 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 Water Resources Engineer Bintner displayed the outlet on a m ap of the area and n oted that a resident had requested that this project be included on the CIP. Explained that when a feasible option is less than $10,000 , t he City would just design it and do it , but t his is a special circumstance in that easements are needed from the two residents involved in order for the C ity to take over maintenance of the outlet . E x- plained that a study was conducted of drain age 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 com e through the channel. E x plained the alternatives of improving the existing channel or having water piped all the way to Prior Lake wit h a goal of reducing damage to private property. Displayed pictures of water problems that occurred during street re construction and a 100 - year storm event . Explained that staff prefers the option of improving the existing channel and that res i dents pre ferred the piping option . Believes the piping option is more costly and would still require an overflow channel for large rain events. Believes that the c osts of pip ing are not justified u n- der public benefit and that the City should take responsibility f or the flow path in pe r petuity, but not at all cost. Comments: Hedberg: Commented that it is a complicated issue because during large rain events so much w a ter flows through that outlet. Asked what would be done to create an improved channel. Ross: Rep lied that we would take a level of certainty called a 100 - year event and design flows for that a mount 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 veg e tation that is in the wrong place could be removed and vegetation could be promoted along the banks to hold them in place along with reg r ading and a rock armory. Hedberg: Asked what a 100 - year event is. Ross: Rep lied 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 moi s ture . Hedberg: Asked if the City would need a permanent easement for maintenance to keep the outlet in good wor k ing order. Ross: Affirmed a permanent easement would be needed for both construc tion and maintenance . Hedberg: Believes a compelling point is that a pipe couldn’t be designed to handle 100 - year events. Ross: Replied that a pipe could be designed for the flow, but it would consist of replacing a po r tion of the channel with pip ing and is not a fe a sible cost. Hedberg: Clarified that such a pipe would not be represented by the $32,000 costs. Stated he would su p- port the alternative of upgrading the outlet since piping to handle emergency events is not feasible. Millar: Asked whethe r piping could be a solution if the property owners want to sh are 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 event s , there would be ru n off. 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 100 - year event . Millar: Stated he would like to giv e 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 opi n ion on receiving input from the property owners at this time . 11 City Council Meeting Minutes March 19, 2007 Pace: Replied that decision is not her s to make. Staff is stating that in their professional judgment the pi p- ing is not something they would recommend. If the Council concurs with staff recommendation, there is no need to as k 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 su p- port upgrading the channel contingent upon acquiring easements. Hedberg: Asked the property owners if they are interested in a co st sharing solution which would be a p- proximately $10,000 each. John Titus: Informed the Council that he made a presentation at a former C ouncil meeting. Stated the pipe solution was proposed by Poppler after that presentation. N eighbors discussed the pipe solution and thought it was good idea. Believes the channel solution won’t work . He h as been the caretaker of that r a- 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 r eason it is a problem now is that it has become a storm sewer drain. He d o es 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 C ity has had to rebuild beaches because of was h outs. Does not believe anything will grow in the ravine for any length of time because of the years the w a ter 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 own ers can reject giving us eas e- 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 t he 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 pr u dent 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 r e sponsi bility for stormwater manage ment and ask s for drainage and utility eas ements 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 i t is not large enough, but pro p erty 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 altern a tive. LeMair : Noted that it h as been repaired three times. Asked whether the City could st ate it should be a l- lowed on the property to fix it or not do the repairs. P ace: Agreed and s tated it is a policy choice whether conditions are such that the Council wants to a s- sume responsib i lity 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 re c ommen ding. It d oes not mean a co n- clusion has been reached that it is the City’s r espo n sibility. LeMair : Asked if the option for upgrading the channel is t he 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 P oppler: Replied that the City pursued getting easements prior to even seeking a solution and was r e- jected at that time. The culvert w as replaced and outletted to the same point it was prior to the pr o ject. 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 a n easement, we might consult further legal advice . Erickson : Thanked Titus for his input. Q uestioned staff if any vegetation could grow there on the outlet channel because of floo d ing. Bintner: Stated that when the lake level is high, it may be up fo r months on a time and even the hardiest tree would die. That c y cle will continue. Erickson: Asked if that area would be better for vegetation or rock. Bintner : Replied that th is conceptual design tries to estimate the materials needed and would try to pick the elevation that would be u n der 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 sol u- tion without the deficienc ies of a pipe sy s t em . Ross: Stated a shoreline restoration might be possible and a watershed district grant could be requested, but it would require pro p erty owner permission with proper easements. Er ickson: Asked what should be done now if that were to be pursued. Bin tner: 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 alterna tive 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 coopera t- 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 to g ether for a cha n nel that would be more workable for the future and might give the proper ty owners some piece of mind for the future. Bintner : Believes this solution would pr o vide 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 coul d support a solution to upgrade the channel outlet with the addition of using proper materials to make it stable for varying w a ter levels. Millar: Stated he hope s a solution can be found , but the alternative to upgrade the channel seems best at this tim e . 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 upgra d ing can be done with the likelihood of success, it is a better option than piping and doesn’t spend the money. Su g- gested appro v ing 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 know l edge of the staff. Bintner : Reiterated that staff can design anything to work, but that feasib ility means fiscal pruden ce 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 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 CON SIDERATION OF ADDITIONAL ROCK MATERIAL. Hedberg: Seems that this alternative is one that the property owners won’t accept in its present form and q uestioned whether the topic should be tabled to another meeting with direction to staff to find an open ch annel solution that the property owners can su p port. 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 pos i tion where staff can work with the property ow n- 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. Co nsider 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 p rovide a status report of what City staff and C ity counsel do in regards to ethics in Prior Lake g overnment , as well as receive any direction on whether or not curr ent practice should continue or enlist help. Indicated ethics in government starts with state sta t- ute s that have to do with purchasing, bidding, annual audits, conflict of interest, role o f city council, perso n- 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 t he documents are a p proved by the city council. Com mented 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 a p- pears that the most appropriate approach is to continue t o rely on staff first and primarily to review the pe r- sonnel policy which addresses employee s , the purchasing policy and the City Council B ylaws. Would want to use the assistance of the bylaw and compensation subcommittee of the City Council. Reco m mended that the C ouncil authorize staff to proceed with review ing various policies, comparing them against doc u- ments that other communities have to mak e them better documents for guiding ethics in local government. After vie w ing such documents, staff would bring any recommended changes in them to the Council for any appropr i ate action. Comments: Hedberg: Stated that those in public office and the city staff hold the public trust which c alls us to act to a high standard. State statute defines many standard s f or us. Believes it is w orthwhile for us to examine if we are earning the public trust that we are empowered with. Support s the recommendation that staff f o- cuses on review of pe r sonnel 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 . Su g- gested looking at whi s tle - blower protections in the personnel policies . LeMair : Concurred with Hedberg comments. Believes con stant self exa mination and remind ers of what we are here to do are necessary . Would be beneficial to staff , Council and constituents of the 2030 visio n- ing process , but not sure if consultant should be brought in as it would incur signif i cant cost in time from key membe rs. Would support from the standpoint of how we go about checking ourselves and bringing this to the for e front, but not spending money on a firm to do so. 14 City Council Meeting Minutes March 19, 2007 Erickson: Agrees that ethics needs to be kept on a front burner. People establish habits by orie ntation of expectations of new pe ople coming into the organization. City should be sure of good written po l icy and have a good way of initiating new employees , fire and police personnel . Agree s that a whistle - blow er po l icy should be part of it. Suggeste d using a workshop to show Council what orientation is given to new e m- ployee rather than bring in a consultant. Millar: Concurs with previous comments. Noted that ethics start with strong, good leadership and Cou n cil should do evaluation of themselves a s representatives of the City and adopt their own standards. Believes the evalu a tion should be done in - house rather than use outside sources. Haugen: Agreed that ethics, integrity, and trust are critical foundations of effective government. Believes s elf evaluation should be defined, measured, monitored and ongoing. Does not believe we should spend the money on an outside consult ant. Seems to be a consensus to have staff put it together and proposes a staff committee to create staff ownership. MOT ION 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 WHIST LE 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 playi n g 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 co nducting the annual City Manager pe r- 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 conduc ted , 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 s e c onded by Milla r. With all in favor, the meeting adjourned at 10:52 p.m. ____ _______________________________ ___________________________________ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 15