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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA ................................................. .............-..---.-...--.-....-..---- ....--.1 August 6, 2007 i ! 6p.rn. i ; City Hall I ........_1. L_............_........... ......._...__._._......_.....__ Work Session Joint Meeting With School Board 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 and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF JULY 16, 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 Accepting Bids and Authorizing the Execution Of The City's Standard Construction Contract for the Jeffers Pond Park Trail and Howard Lake Park Basketball Court and Parking Lot. C. Consider Approval of a Resolution Waiving Platting Requirements for the Subdivision and Conveyance of Property at 17400 Sunset Trail and 3004 South Shore Circle. D. Consider Approval of a Resolution Approving a Street Name Change for North Berens Road Located North of the Shepherd's Path Campus. E. Consider Approval of a Resolution Authorizing Change Order #1 and Full and Final Payment for the 2007 Street Overlay Project. F. Consider Approval of an Ordinance Adopting the 2007 State Building Code, the 2006 International Building Code, and Deleting Sections 401.105, 401.700, 401.701, 401.702, 401.704 and 401.705 of the City Code. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. BlueXpress Transit Service B. 2008 Budget Presentation. C. Allina Health Systems 8. PUBLIC HEARINGS A. No public hearing is scheduled. 9. OLD BUSINESS A. Consider Approval of a Report Regarding the Two Options for Resolution of the Fish Point Park Outlet Channel. B. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute a Modified AlA Contract for the Construction of Fire Station NO.2. C. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Lease with Allina Health Systems. D. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute a Modified Standardized City Contract with Rice Lake Construction Group for the Construction of the Water Treatment Facility. E. Consider Approval of a Recommendation Amending the Process for Preparing a Dock Location and Marina Policy / Ordinance. F. Consider Approval of a Resolution Approving Construction Cost Participation for: 1) CR 12 Improvement Project; 2) CR 12/ TH 13 Improvement Project; and 3) CR 21/ Jeffers Pass Signal Project. 10. NEW BUSINESS A. Consider Approval of Final Format of the 2006 Financial Gold Standards Reports. B. Consider Approval of a Resolution Appointing Members to the Parks Advisory Committee. C. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with Granicus for Webcasting and Webstreaming Services. D. Consider Approval of Questionnaire to be Administered to Facilitate Implementation of Safe and Healthy Neighborhoods Vision Element. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. B, Executive Session. 12. ADJOURNMENT City Council Meeting Minutes July 16, 2007 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Planning Director Kansier, Economic Development Director Snook, Communications Coordinator Peterson and Ad- ministrative 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. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE JUNE 18,2007, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Erickson, Hedberg, Millar and LeMair. Haugen abstained due to his absence at the meet- ing. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of 2nd Quarter Budget Summary Reports and General Fund Overview. D. Consider Approval of 2nd Quarter Investment Report. E. Consider Approval of June and First Half Building Permit Reports. F. Consider Approval of Animal Warden Report. G. Consider Approval of June and Second Quarter Fire Call Reports. H. Consider Approval of a Temporary On-sale Intoxicating Liquor License for Prior Lake Chamber of 1 City Council Meeting Minutes July 16, 2007 DRAFT Commerce for Lakefront Days. I. Consider Approval of Resolution 07-123 Accepting the Bids and Authorizing the Execution of Two City Standardized Construction Contracts for the Purchase and Installation of Standardized Equipment for the 2007 Lift Station Reconstruction Project. J. Consider Approval of a Massage Therapy License For Judy Coursolle. K. Consider Approval of Resolution 07-124 Waiving Platting Requirements for the Subdivision of Property Located at 2490 Spring Lake Road SW (Boeck Property). L. Consider Approval of a Report on the Status of Boat Slip Usage and Patrolling. M. Consider Approval of Resolution 07-125 Approving Amendment No.1 to the Jeffers Pond Devel- opment Agreement. N. Consider Approval of Resolution 07-126 Approving a Private Use of Public Right-of-Way Permit for Flint Road. O. Consider Approval of a Resolution Ordering Preparation of a Feasibility Report for the 2008 Re- construction Improvement Project, City Project #08-011. P. Consider Approval of Resolution 07-128 Authorizing Safe & Sober Communities Funding for the Period October 1,2007, to September 30,2008. Q. Consider Approval of Resolutions 07-129 and Resolution 07-130 Approving Prior Lake Optimist Premise Permits for Lawful Gambling. R. Consider Approval of Resolution 07-131 Approving Prior Lake VFW Post #6208 Premise Permit for Lawful Gambling. Councilor Hedberg requested the removal of items 5C, Consider Approval of 2nd Quarter Budget Sum- mary Reports and General Fund Overview, and 50, Consider Approval of a Resolution Ordering Prepara- tion of a Feasibility Report for the 2008 Reconstruction Improvement Project, City Project #08-011. Councilor Erickson requested the removal of item 5E, Consider Approval of June and First Half Building Permit Reports. Mayor Haugen requested the removal of item 5L, Consider Approval of a Report on the Status of Boat Slip Usage and Patrolling. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS MODI- FIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Comments: Hedberg: Stated he requested removal of 5C from the consent agenda in order to comment on the state of the budget through the second quarter. Noted that revenue is trending down as is expected because of development being down and expenses are higher than experienced in previous years. Asked Finance Director Teschner what is expected for the rest of the year. Teschner: Replied that Buildings & Plant expenses are higher due to moving into the new facilities. An- ticipated that expenses will not be over budget at year end. Commented that construction is down across the country which impacts growth revenue, building permits, service fees, etc. Noted that the City has av- eraged 113% of revenues for each of the past five years due to strong building permit activity in single fam- ily, town house development and large commercial projects. Expects this year's revenue budget to close at 102%. 2 City Council Meeting Minutes July 16, 2007 DRAFT Erickson: Commented on the building report stated that permits for single family dwellings is up 8% and industrial/commercial growth is up 33%. Even with townhome permits down, it seems to be a good trend. Haugen: Noted that even though townhome building permits are fewer than last year, Teschner budgeted for a low number. Teschner: Affirmed and stated he is phasing back on building permit projections. City Manager Boyles presented the report about boat slip usage noting that usage is modest and that the Police Department does patrol 4-6 times per rental period with no reports of vandalism or theft. Hedberg: Stated he wished to highlight the street reconstruction projects noting that neighborhood street reconstruction projects were deferred for the past two years in order to use those funds for important County road projects. Believes it is a priority to get back on track with neighborhood reconstruction pro- jects. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE FOLLOWING AGENDA ITEMS: . CONSIDER APPROVAL OF 2ND QUARTER BUDGET SUMMARY REPORTS AND GENERAL FUND OVERVIEW, · CONSIDER APPROVAL OF RESOLUTION 07.127 ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE 2008 RECONSTRUCTION IMPROVEMENT PROJECT, CITY PROJECT #08-011, . CONSIDER APPROVAL OF JUNE AND FIRST HALF BUILDING PERMIT REPORTS. · CONSIDER APPROVAL OF A REPORT ON THE STATUS OF BOAT SLIP USAGE AND PATROLLING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Communications Update Communications Coordinator Peterson provided an overview of the responsibilities of the communica- tions functions and accomplishments toward achieving the Communication Element of the 2030 Vision and Strategic Plan. Website has grown to 140 Web pages with nearly 500 .pdf documents and over 37,000 visitors per month. Wavelength reaches 9,000 homes. Electronic newsletter was created to notify resi- dents about topics - it is an opt-in communication. Comments: leMair: Great job. Erickson: Commented that the City has nice equipment and it will be interesting to see the migration to Web-based viewing and how it will open things up to other people in the community. Millar: Agreed it is nice to have moved from 8-track to digital. Noted that Web casting will be similar to video on demand and viewers can call up a meeting to refer back to issues. Believes it is important for residents to stay connected with the city. Hedberg: Paraphrased the communication vision element for viewers and stated it is a key part of the 2030 Vision and Strategic Plan to have engaged and involved citizens. Noted that advisory committee meetings will soon be televised as well so viewers can follow that information. Stated that neighborhood outreach is also a part of the communication element and soon a financial scorecard for the City will be published and available. Noted that the Lake Advisory Committee suggested the addition of a Web cam- era at Watzl's Beach and they are excited to have it installed. 3 City Council Meeting Minutes July 16, 2007 DRAFT area mayor may not be ready for redevelopment, but citizens should be engaged before any zoning changes are considered. Will support alternative A as that will preserve property rights for the five proper- ties in the right of way so they can be considered for other uses in the future. Believes the other alterna- tives call for a long-range planning process rather than a reactive opportunity. Right now the City does not have the money and there are many other high priorities over the next several years. Erickson: Queried costs for alternative D. Albrecht: Alternative D provides for alternate types of development, but analysis reveals there is a higher value in resale. Could develop a retail center but acquisition cost would offset returns to resulting in the total cost to the City between D and C being about the same. Erickson: Commented that alternative D would result in the road being further south and a better position if a major development came to the intersection of CR 42 and CR 18. Albrecht: Agreed that the further north the road is placed, the more difficult it will be to work with for any future redevelopment. Erickson: That will cause more headache for the neighborhood. Albrecht: Agreed. There would be four acquisitions and a partial parcel acquisition and purchases would be deeper into the neighborhood and further south from CR 42. Erickson: Asked affect on the project if alternative A were used and we wanted to go with another alterna- tive in the future. Albrecht: Replied there would not be a substantial impact to the way the County would design the road- way. These alternatives were offered by the County because of the empty parcels available and they wanted to see if the City had any interest. Seems a couple of the alternatives might be shortsighted. If acquiring properties and considering the final costs, the City might be locked in if it provided properties that could only be used for one kind of development. Erickson: Clarified that the initial cost would be $1 million compared to $600,000 on a "no-build" and asked if the City would acquire a higher tax base. Albrecht: Alternative D maximizes the potential tax gains to the City for redevelopment. Erickson: Asked if we know what the increased revenue for that would be. Albrecht: Replied the Economic Development Snook reviewed that but was not comfortable to put valid figures on that projection. Erickson: Asked if we have any idea of increased revenue if an office building went in similar to the one behind Target. Albrecht: Unknown. Erickson: Believes alternative A is safe, but alternative D seems logical because development will happen in the future. Summit Preserve has been approved and this intersection is near to that. Supports alterna- tive D and believes that additional revenue from taxes would make up the $400,000 cost difference and would be a long-term benefit to City. leMair: Clarified that we have a $600,000 expenditure regardless and the City would have to purchase four additional properties. Albrecht: Replied that $600,000 will be paid in 2011 and the funding sources are ready for that. The other alternatives require acquiring property ahead of the project and the City would have to front over $1 million (for alternative D) before that date. Will recoup some of that money when resold but we will have road con- struction costs, etc. leMair: Noted that the City does not have the money budgeted at this time, citizen input should be sought for this kind of redevelopment project, and it is feasible that we lose the real estate taxes on up to ten homes for a number of years until the property is redeveloped. Albrecht: Agreed noting the total cost to the City is predicated on selling the property. leMair: Asked if alternative A were pursued now, could alternative D be possible to do in the future. 5 City Council Meeting Minutes July 16, 2007 DRAFT sis where TIF funds are allowed but not given and just because a cost is eligible does not mean TIF grants are given. Understands there was additional cost for preparation and the goal was to help with site prepa- ration costs so we should make good on initial commitment. There were more site preparation costs than expected and he feels comfortable with increasing those costs by $116,776 for a term of 22 years. leMair: Recused himself from the discussion as he may be working on the project. Boyles: Responded to Millar's question that it is not unusual for a TIF applicant to try to establish a budget on reasonable assumptions and proceed with the project and in that process find complications. An appli- cant might well approach the project without getting soil boring tests before hand. Haugen: Noted that if the Council had discussed this as a package a year ago, it would probably have approved the total project. Noted that the City has standards and ordinances to guide developments that are higher than some other communities which incurs higher costs; and the discovery of the contaminated soils and the clean-up processes involved resulted in the applicant incurring higher expenses. Commented that Schulberg's commitment to the City's downtown redevelopment is high. Supports TIF of $330,000. Millar: Agreed that this successful business is an important part of downtown redevelopment and it is in the City's interest to support it with TIF financing. Hedberg: Believes the dance studio is an important part of downtown and he is delighted to see the beau- tiful building, but is mindful that we set precedents with decisions which is why he supports $279,751 rather than $330,000. Reiterated that core business development should stand on its own and his opposition is due to not wanting to set a precedent. Erickson: Agreed with Hedberg and noted that development standards are established and additional costs of adhering to the standards should be known. Haugen: Stated he could support the entire amount because of increased costs over the past 12 months which he believes is unique and would not tie into a precedent. Hedberg: Stated that when construction is extended, those costs are increased and that is a normal busi- ness risk in significant commercial development. Millar: Disagrees that precedent would be set as each TIF request is going to be examined on an individ- ual basis and determined on its own merit. Haugen: Noted that if this request did not meet the "but for" test, no action would be requested. Hedberg: Clarified position to state that City TIF policy speaks to the lowest possible costs, but his point is that TIF and other vehicles for stimulating economic development should not be used to support the basic investment in a business. When there is blighted infrastructure or polluted sites, then should use TIF to provide financial assistance in development. Does not want to set precedence of providing assistance to support the basic business risk. Haugen: Stated that based on the comments and stated positions of the Councilors, if a vote was taken it appears the Council decision would be tied, which means it would fail. Suggested modifying the resolution and insert the amount of $279,751 which is actual site preparation cost. Snook: Affirmed that action assumes full TIF funding so changing it to $279,751 would be appropriate. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07.133 AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PRIOR LAKE AND PREMIERE DANCE ACADEMY, LLC. WITH THE TAX INCREMENT FINANCING AMOUNTS HIGHLIGHTED IN OPTION 1 OF THE STAFF REPORT. VOTE: Ayes by Haugen, Erickson, Hedberg and Millar. LeMair recused. The motion carried. RECESS Mayor Haugen called a recess at 8:18 p.m. 7 City Council Meeting Minutes July 16, 2007 DRAFT Albrecht: Recalled that the City used the value of trees at Glynwater to offset the costs for an incremental amount between chain link and wood fencing and had a fixed percentage that was donated. Asking at this meeting if the intent was to pay for the entire 290 feet of fencing, or to pay for 74% of costs as we did with Glynwater. Erickson: Recalled that the topic was debated and believed the City agreed to precedent based on doing it the same way we did with Glynwater. Millar: Stated his preference to review the minutes of that meeting as he wants to stay consistent with his vote at that meeting, but recalls the precedent of Glynwater. Pace: Stated each situation should be analyzed on its merits rather than assuming that Council is setting a precedent. MOTION BY HEDBERG, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07.137 APPROVING AN AGREEMENT WITH WINDSONG ON THE lAKE FOR THE CONSTRUCTION OF THE CR 21 FENCE LIMITED TO CITY AND COUNTY CONTRIBUTIONS OF $9,678 and $4,611 respectively. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Report Regarding the City's Authority to Regulate Placement of Docks and Whether the City Can Require Property Owners to Mediate Disputes before Bringing Such Matters to District Court. City Manager Boyles presented the agenda report. Comments: Millar: Asked how the City would determine what is inflexible. Pace: Replied that riparian property owners have a right to have a dock and if the City had an ordinance defining the location and criteria for placement of the dock and a particular piece of property could not meet the criteria, the City would have to provide for a procedure whereby the property owner could apply for a variance from the criteria in the ordinance. In considering any variance application the City has to weigh the rights of the property owner vs. public interest. Each situation is going to be different as to what is safe and reasonable under the circumstances. Hedberg: Commented that this is a complicated issue. Noted that the guidelines we use come from DNR so presumes they comply with the law, but there is problem with stating that docks and boats should be placed so that mooring and maneuvering of watercraft could be done within property lines if they were ex- tended into the lake. That language is misleading. Referred to inquiries received since the beginning of the year and that many have to do with the location of docks and half have to do with renting slips on pri- vate properties. Rental has not been the scope of the research of the City Attorney or the Lake Advisory Committee. Believes the Council should do something so we are not sending out misleading information; and also do something about the private marinas on the lake. leMair: Stated he is not sure we can solve all the issues but it would be good to start with a correct set of guidelines. Will accept the report. Erickson: Agreed we need to look at two separate items and suggested not putting the private marina issue in with the dock regulations. Believes that logic and flexibility can be put into strict regulations and that helps people who need it, but it would allow strictness to regulate those who would otherwise take ad- vantage. Likened it to a request for variance on a lot where there are strict guidelines but allows flexibility for a lot that could not be built on without variances. Supports this report because it gives us flexibility and strictness. Hedberg: Agreed they are separate issues. 9 City Council Meeting Minutes July 16, 2007 DRAFT Haugen: Stated the report gives us greater understanding of what we can and cannot do and if we can create logical guidelines, it might be helpful for the future. Queried whether the Council would like to refer the two issues of dock location and dock rental to the LAC to gather public input. MOTION BY LEMAIR, SECONDED BY HEDBERG TO ACCEPT THE REPORT PROVIDED BY THE CITY ATTORNEY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Recommended keeping it to one issue until it is solved. Asked to have it go to LAC to recom- mend an ordinance and put together a procedure for variance requests. Haugen: Asked if we should consider an ordinance or a policy. Erickson: Believes we need to have an ordinance at some time. Pace: Pointed out a distinction between Prior Lake and the Lake Minnetonka and White Bear Lake con- servation districts in that they are established by law to regulate the lake, shoreline and activities on the lake. So in that regard, Prior Lake would need to act under its separate statutory powers. Regardless of what approach is used, it will be difficult to come up with ordinance that will fit all situations. Believes it raises the question about whether people should be required to get dock permits so the City can evaluate where they are going to put a dock and how it impacts the neighbors. Stated this requires further analysis and some recommendations as to what City staff can handle because if it is an ordinance, the City has to enforce it. Millar: Asked if she suggests retaining an expert for this. Pace: Replied we should work with people who study what will work and what won't work. Millar: Asked if the LAC is an option. Pace: Believes the LAC is the first option and they could call in people from the Lake Minnetonka and White Bear Lake Conservation Districts, both of which have a board and professional staff. Hedberg: Believes an ordinance is impractical because circumstances in Prior Lake are such that any rule to be enforced will require significant action in issuing variances and administrative and enforcement costs would be high. Stated current guidelines are very weak and a policy could have more weight than the guidelines and not mire us in permitting and variance issues. Erickson: Commented that the LAC spoke with people from the Minnetonka Conservation District last year and believes we have to step up to the plate or it will still be talked about in years to come. leMair: Stated he is not in favor of permits for docks and he is not in favor of costs for hiring staff to do it. Stated we should put a policy in place that is direct and has as much of a bite as we can put on it. Erickson: Asked the City Attorney if someone put out a dock with a T on it that went wider than their lot, would there be anything the City could do to say they don't have the right to put that dock in place. Pace: Replied that the currently recommended DNR ordinances would prohibit that because it would cre- ate a safety concern and would impair someone else's right to navigable water. Erickson: Asked if there would be anything we could do about it. Pace: Replied that we have adopted the DNR rules. Erickson: Stated we have adopted the recommendation of them, but questioned if we have anything in place to be able to enforce it. Pace: Replied that we have police power authority to say they have created a dangerous situation and have to remove it. Millar: Commented that the City is not powerless for a remedy. Haugen: Suggested consideration of: 1) doing nothing; 2) deciding if placement of docks is an issue; and 3) deciding if rental of docks is an issue. Suggested that if the Council wants to create ordinance about 10 City Council Meeting Minutes July 16, 2007 DRAFT those issues, it should be routed to the Planning Commission. And, if the Council wants to create policy about dock placement and rental, it should be routed to the Lakes Advisory Committee. Hedberg: Believes that the LAC should develop a policy regarding dock placement and that the private marina rental issue should not be included because there is existing ordinance to deal with it. MOTION HEDBERG, SECONDED BY LEMAIR TO DIRECT THE LAKES ADVISORY COMMITTEE TO PURSUE DEVELOPMENT OF PRIOR LAKE POLICY RELATING TO DOCK PLACEMENT Millar: Suggested that it requires more study before we start looking at ordinance. Agrees it is a valid point regarding enforcement, but we should define a policy for the City and can tum it into ordinance if the Council so desires at some later date after experience with it is developed. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Haugen: Asked if the Council wants to address dock rental. Hedberg: Replied there are DNR regulations, State law and City ordinance regarding commercial marinas and those laws should be applied. Believes we should put a dock location policy in place and then address the rentals. MOTION BY HEDBERG, SECOND BY ERICKSON TO "DO NOTHING" REGARDING DOCK UTILIZATION INCLUDING PRIVATE MARINAS UNTIL A POLICY IS IN PLACE FOR DOCK PLACEMENT. leMair: Questioned why we should not use the resources for both problems at the same time. Millar: Believes we are better served to resolve one issue and then tackle the issue of rentals. Pace: Commented that it seems implicit in dock placement to define how many slips are allowed per dock on residential property. Haugen: Commented that it seems a redundancy of effort to totally separate the issues. Erickson: Stated that keeping the topics separate will allow the LAC to stay on task. leMair: Queried if the guidelines should be all encompassing and it would underestimate the LAC to think they couldn't get a handle on this. Hedberg: Replied that the LAC concluded that the guidelines are misleading and they are supportive of working on guidelines that could be policy. Believes an ordinance solution would be high-cost and imprac- tical. Millar: Believes the LAC should look at both issues and they can decide if they want to address them to- gether or separately. MOTION BY MILLAR, SECONDED BY HEDBERG TO DIRECT THE LAC TO CONSIDER AND DETERMINE THE BEST PROCESS TO IMPLEMENT INDIVIDUAL OR JOINT POLICIES CONCERNING DOCK PLACEMENT AND DOCK UTILIZATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Hedberg: Stated he will take this report and direction to the LAC. Consider Approval of the Process for Creating the Public Works Consultant Pool and Vendors List. 11 City Council Meeting Minutes July 16, 2007 DRAFT Public Works Director Albrecht presented the process and associated timelines. Expects to have a ven- dor list ready within two weeks. Goal is to provide an opportunity for the City to get the most competitive prices on professional services. Comments: Millar: Smart idea. Should save time for staff in the long run and hopefully save the City money. Hedberg: Both of these deal with purchasing that does not have to go through competitive bidding. Be- lieves this puts us on the right track to get the best value for money for taxpayers, developers and fee pay- ers. leMair: Concurred and commented that it adds a level of transparency. List will be available for anyone to see. Erickson: Concurred with previous comments. Asked if the list should be expanded to other professional services that the City has such as IT services. Albrecht: Proposed sending the list to all department heads so they can add to it and make it a City of Prior Lake professional consultant services list. All consultant areas could be added to it and SOQs solic- ited. Haugen: Agreed this enhances the value we give our citizens. MOTION BY LEMAIR, SECONDED BY ERICKSON TO DIRECT STAFF TO IMPLEMENT THE VENDOR LIST AND SOLICIT STATEMENT OF QUALIFICATIONS FOR THE CONSULTANT POOL TO BE APPROVED BY THE CITY COUNCIL. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider a Resolution Approving the Public Works Design Manual. Assistant City Engineer Poppler highlighted the major changes and informed the Council that these up- dates are proposed in order to incorporate changes in technology, State statue and MnDOT revisions. Comments: Erickson: Noted there is new bituminous that allows water to seep through it that could allow us to elimi- nate some impervious surface. Poppler: Responded that we can look at it, but he does not know if it will hold up. Erickson: Noted it is a rougher surface but the Bituminous Association is guaranteeing it as a great prod- uct. Albrecht: Stated the City has evaluated it for parking lots and believes it works well with sandy soil where wetness can drain away. Noted that this manual deals with roadway methods. leMair: Asked about the proposal to use outlots in place of easements and believes it will make devel- opments more expensive. Albrecht: Responded that easements cost money explaining that two of the City's longest lawsuits had to do with easements. It is understood that developers like to run utilities on lot lines; but the City is limited legally with what can be done with easements. Costs are incurred when we have to do reconstruction. New developments try to keep utilities in the streets where they should be and utilities in outlots would not be needed very often. Believes it is a prudent recommendation and noted the Council can still grant a vari- ance if there are unusual instances. leMair: Asked about the bituminous policy regarding dates and asked about recent failures in road recon- struction. Albrecht: Replied bituminous failure has become a new development issue with project builders willing to pay bituminous plants to stay open later in the year and paving occurring in November. Even though a de- 12 City Council Meeting Minutes July 16, 2007 DRAFT veloper has to warrant the street, the City has to redo it and the City is supposed to be getting new streets from development, not used streets. This new manual uses dates that have been historically reasonable. Hedberg: Asked what a plate is. Poppler: Replied that it is a drawing showing how we want an item constructed. Hedberg: Commented that we ask developers to meet rigid standards and this manual describes them. Millar: Agreed that it defines requirements for developers and eliminates confusion. Haugen: Commented that anyone in community that would review documents would gain great apprecia- tion for the Public Works Department and how they do things. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07.134 TO APPROVE THE PUBLIC WORKS DESIGN MANUAL. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving a Conservation Easement over Eight Acres Adjacent to Five Hawks Elementary School and a Resolution Approving a Contribution to the Jeffers Pond Interpretive Center Building. City Manager Boyles explained the proposal from Jeffers Foundation to offer $200,000 to the City in ex- change for granting a conservation easement on City-owned property. Comments: LeMair: Will support. Erickson: Questioned the dog restriction and asked if we are saying people cannot take a dog to a city park. Boyles: Agreed that users will pass from a city park onto this property and it creates a difficulty. leMair: Asked if that restriction can be removed. Erickson: Noted that it might not be approved by the other parties. Haugen: Commented that the school district allows dogs on school district property. Millar: Noted that it states that dogs harass wildlife but questions how much that would happen if a dog is leashed. leMair: Agreed that allowing dog to run wild in natural area would cause a problem, but people should have opportunity to cross the property in a direct route with a leashed dog and reasonable use of the prop- erty should be expected. Boyles: Noted these are proposed conditions and we could offer a statement that modifies that proposal or that has an opportunity for the City Attorney to work it out with the Jeffers Foundation. Haugen: Commented it would be a good option to have the City Attorney work with the Foundation. Pace: Suggested the Council can pass a resolution that addresses the money and the easement and that would allow the Jeffers Foundation to start to work on the conservancy documents and then they can have conversation about other considerations such as walking pets. Hedberg: Believes it is important to have the conditions to protect the taxpayers interests. Asked about infrastructures underlying this land. Boyles: Affirmed there are underlying easements and there is a legal question on whether these ease- ments prevail. Pace: Stated we will preserve those easements to the extent it is important to the City that they be re- tained, otherwise they should be vacated. Hedberg: Stated that should be added to the resolution. Pace: Responded that those issues will be resolved during the development of the conservation easement documents. 13 City Council Meeting Minutes July 16, 2007 DRAFT Hedberg: Concluded that this is a great partnership where we have to give a little, but we get a lot. Millar: Concurred. Stated that preservation of the property is important to the City and thanked Jeffers Foundation for this opportunity and the Jeffers Pond opportunity. Haugen: Will support. MOTION BY MilLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07-135 AUTHORIZING THE JEFFERS FOUNDATION TO PREPARE A CONSERVATION EASEMENT FOR EXECUTION BY THE MAYOR AND CITY MANAGER OVER EIGHT ACRES OF PROPERTY OWNED BY THE CITY ADJACENT TO FIVE HAWKS ELEMENTARY SCHOOL. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Comments: Millar: Commented that he likes the way it is structured to protect the City's interest. Hedberg: Stated this is a tremendous example of partnerships involving the School District, the Founda- tion and the City and it needs to be structured to protect everyone. LeMair: Concurred and asked where the $500,000 is placed. Pace: Replied that the City received a pledge of stock to cover that. leMair: Clarified that it is not earning interest. Pace: Replied that the Foundation gets the interest. LeMair: Clarified that the money is available when we are ready to build. Pace: Affirmed. Haugen: Thanked all involved parties for accomplishing this solution that ties seniors, kids, school district and city together. Asked if the resolution should include that the school district would operate the pro- gramming for citizens of all ages. Boyles: Responded that the resolution could be modified. Erickson: Asked if there is already a bituminous trail in the area. Kansier: Affirmed. MOTION BY HEDBERG, SECONDED BY MilLAR TO APPROVE RESOLUTION 07-136 AUTHORIZING THE STAFF TO PLACE $280,000 FROM THE GENERAL FUND RESERVE IN AN INTEREST EARNING ACCOUNT TO BE USED FOR THE CONSTRUCTION OF THE JEFFERS POND INTERPRETIVE CENTER BUILDING; AMENDED IN THE FIFTH "WHEREAS" TO READ THAT $200,000 IS PROVIDED BY THE CITY OF PRIOR LAKE THROUGH THE JEFFERS FOUNDATION AS A RESULT OF CITY APPROVAL AUTHORIZING THE PLACEMENT OF A CONSERVATION EASEMENT OVER CITY LAND ADJACENT TO FIVE HAWKS ELEMENTARY SCHOOL; AND FURTHER AMENDED TO READ UNDER #2, THAT THE SCHOOL DISTRICT AGREES TO MAINTAIN OPERATE AND PROGRAM THE INTERPRETIVE CENTER BUILDING TO SERVE ALL AGES. VOTE: Ayes by Haugen, Erickson, Hedberg, leMair and Millar. The motion carried. Consider Approval of Three Ordinance Amendments Relating to: 1) Section 308-800 - Tobacco; 2) Section 601 - Refuse; and 3) Section 609 - Portable Toilets. City Manager Boyles outlined the proposed changes and advised the Council that the proposed ordi- nances were mailed to appropriate vendors and that one vendor contacted him with comments. Comments: Millar: Asked if the $1,000 letter of Credit required from refuse haulers would be a meaningful amount. 14 City Council Meeting Minutes July 16, 2007 DRAFT Erickson: Believes if the refuse hauler passes along that cost to any driver that violates the regulations, the amount will be meaningful. Millar: Agreed it would be up to the refuse company to police their own people. Hedberg: Thinks some procedural things might require modification in the future, but will support. leMair: Will support. Haugen: Will support MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 107-12 AMENDING SUBSECTION 308.800 OF THE PRIOR LAKE CITY CODE RELATING TO TOBACCO. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE ORDINANCE 107.13 AMENDING SUBSECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO HEALTH AND SANITATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE ORDINANCE 107.14 CREATING SECTION 608 OF THE PRIOR LAKE CITY CODE RELATING TO HEALTH AND SANITATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Regarding City of Prior lake Vehicle and Facility Energy Con. servation and Alternatives Plan. Public Works Director Albrecht presented a status report on the energy conservation and alternative fuel sources plans. Spoke of rebates and long-term payback with reduced costs. Will also be considering op- erations policies to assure most efficient practices. Comments: leMair: Stated the report includes the right ideas. States he is a big advocate for E85 and having flex ve- hicles. Erickson: Complimented staff on looking at a lot of different ways of looking at energy conservation. Commented on "zero impact" meaning that if a product is taken out of service, it is recycled and suggested that could be listed also. Millar: Agreed it is a good idea for City to set an example of energy conservation. Hedberg: Concurred with previous comments and suggested staff be directed to report back in six month about what has been implemented, results achieved and ongoing ideas for research. Haugen: Expressed concern that we have several refuse haulers in a neighborhood on any given day. Suggested consolidation or sectioning the City to have one hauler service an area to reduce the cost of pick-up and have less wear and tear on the streets. Commented he would like staff to suggest a no-idling ordinance. Erickson: Suggested the City have a plan to observe Earth Day and put together something to bring it to better attention next spring. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE REPORT REGARDING THE CITY OF PRIOR LAKE VEHICLE AND FACILITY ENERGY CONSERVATION AND ALTERNATIVES PLAN WITH TWO AMENDMENTS: 1) DIRECT STAFF TO RETURN TO COUNCIL IN SIX MONTH IDENTIFYING WHAT HAS BEEN IMPLEMENTED, THE RESULTS ACHIEVED AND ANY IDEAS FOR 15 City Council Meeting Minutes July 16, 2007 DRAFT ONGOING RESEARCH; AND 2) DIRECT STAFF TO EXPLORE THE RECOGNITION AND OBSERVANCE OF EARTH DAY BY THE CITY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Albrecht: Updated the Council on the CR 82 project. Millar: Reported the Senior Center Task Force has its first meeting tomorrow. leMair: Lakefront Days coming up - July 31 through August 5. Haugen: Congratulated Jenna LeMair on Chanhassen Dinner Theatre performance. Saturday morning of Lakefront Days will have a Triathlon. August 7 is National Night Out and interested neighborhoods should call 447-9800 for police or City Council participation. Condolences were offered to the Friedges family for the loss of their daughter. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Millar. With all in favor, the meeting adjourned at 11:12 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 16