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HomeMy WebLinkAbout071607 minutesCity Council Meeting Minutes July 16, 200 REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen , Council ors Erickson, Hedberg, LeMair and Millar , City Manager Boyles, City Attorney Pace , Public Works Dir ector/City Engineer Albrecht, Assistant City Engineer Poppler, Plannin g Director Kansier, Economic Development Director Snook, Communications Coordinator Peterson and A d- ministrative 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. Topics of di scussion are restricted to City governmental to p ics rather than private or political agendas. To pics on the agenda may be addressed except those to p ics that are part of a public hearing or public information hearing. The City Council will not take formal a c tion on Public Forum presentations. City Manager Boyles explained the concept of the public f orum. 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 MOTI ON BY MILLAR, SECONDED BY HEDBERG T O 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 mee t- ing. The m o tion carried. CONSENT AGENDA City Manager Boyle s 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 2 Quarter Budget Summary Reports and General Fund Overview. nd D. Consider Approval of 2 Quart er Investment Report. nd 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 Int oxicating Liquor License for Prior Lake Chamber of Co m merce for Lakefront Days. 1 City Council Meeting Minutes July 16, 200 I. Consider Approval of Resolution 07 - 123 Accepting the Bids and Authorizing the Execution of Two City Sta n dardized Construction Contracts for the Purchase and Installation of Standardized Equipment for the 2007 Lift Station Reconstruction Project. J. Consider Approva l of a Massage Therapy License F or Judy Coursolle . K. Consider Approval of Resolution 07 - 124 Waiving Platting Requirements for the Subdivision of Pro p erty Locate d 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 Deve l- 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 O rdering P reparation of a F easibility R eport for the 2008 R e- construction I m provement P roject, City Project #08 - 011. P. Consider Approval of Resolution 07 - 128 Authorizing Safe & Sober Communities Funding for the Period Oct o ber 1, 2007, to September 30, 2008. Q. Consider Approval of Resolutions 07 - 129 and Resolution 07 - 130 Approving Prior Lake Opt i mist Premise Pe r mits fo r Lawful Gambling. R. Consider Approval of Resolution 07 - 131 Approving Prior Lake VFW Post #6208 Premise Pe r mit for Lawful Ga m bling. Councilor Hedberg requested the removal of items 5C, Consider Approval of 2 Quarter Budget Su m- nd mary Reports and General Fund Overview, and 5O, Consider Approval of a Resolution O rdering P repar a- tion of a F easibility R eport for the 2008 Reconstruction Improvement P roject, City Project #08 - 011. Councilor Erickson requested the removal of item 5E, Consider Approval of June a nd 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 MOD I- 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 tr ending down as is e x pected 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 h igher due to moving into the new facilities. A n- ticipated that expenses will not be over budget at year end. Commented that constru c tion is down across the country which impacts growth revenue, building permits, service fees, etc. Noted that the City ha s a v- eraged 113% of revenues for each of the past five years due to strong building permit activity in single fa m- ily , town house development and large commercial projects. Expects this year’s revenue budget to close a t 102%. 2 City Council Meeting Minutes July 16, 200 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 la st year , Teschner bud g eted for a low number. Teschner: Affirmed and stated he is p hasing back on building permit projections. City Manager Boyles presented the report about boat slip usage noting that usage is modest and that the P olice Department does p a trol 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 neighbo r hood street reconstruction projects were deferred for the past two years in order to us e those funds for important County road projects. Believes it is a priority to get back on track with neighborhood reconstruction pr o- jects. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE FOLLOWING AGENDA ITEMS: ? CONSIDER APPROVAL OF 2 QUARTER B UDGET SUMMARY REPORTS AND GENERAL FUND ND OVERVIEW, ? CONSIDER APPROVAL OF RESOLUTION 07 - 127 O RDERING P REPARATION OF A F EASIBILITY R EPORT FOR THE 2008 R E CONSTRUCTION IMPROVEMENT P ROJECT, 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 provi ded an overview of the responsibilities of the communic a- tions functions and accomplishments toward achieving the Communication Element of the 2030 Vision and Str a tegic 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 news letter was created to notify res i- dents about to p ics – it is an opt - in communication. Comments: LeMair : Great job . Erickson: Commented that the City has nice equipment and it will b e i nteresting to see the migration to Web - based viewing and how it will open things up to other pe o ple in the community. Millar: Agreed it is nice to have moved from 8 - track to digital . Noted that Web casting will be similar to v ideo on demand and view ers can call up a meeting to refer back to issues. Believes it is im portant for residents to stay co n nected with the city. Hedberg: Paraphrased the communication vision element for viewers and stated it is a key part of the 2030 Vision and Strategic Pla n 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 n eighborhood outreach is also a part of the c ommunication e lement and soon a financial scor ecard for the City will be published and available. Noted that the Lake Advisory Committee suggested the addition of a Web ca m- era at Watzl’s Beach and they are e x cited to have it installed . 3 City Council Meeting Minutes July 16, 200 Haugen: Stated that w hen c ommunications was added as a Vision E lement it is because the people who were part of the 2030 planning process recognized there is power in connecting with people . Presentation to Todd Hanson Police Lieutenant Hofstad announced that O fficer Hanson worked for the City for over ten years and has now accepted another position. Presented a plaque from the Police Department. Mayor Haugen pr e- sented plaque from the City and expressed appreciation for Hanson’s years of service . Councilor Millar expressed appreciation to Hanson’s family recog ni zing the value to the community of a police off i cer . Introduce New Code Enforcement Officer, Jesse Corrow Planning Director Kansier explained that there has been code enforcement office position since 200 6 and Jesse Corrow has been employed to fulfill it. Gave a brief description of Corrow’s experience and educ a- tion. Corrow: Commented that Prior Lake is a healthy and attractive community and the City’s staff is know l- edgeable and talented. Stated that he r ecognizes value of managing smart growth an d believes that c ode enforcement means educating the public and help them understand the importance of zoning ord i nance. Looks forward to wor k ing with the Council, staff and citizens. LeMair : Welcomed Corrow and complimented him on his attitude about co m municating and education. Erickson: W elcomed. Hedberg: Stated that the City does not want to pass ordinances that cannot be enforced. Glad to have Corrow fill the position. Millar: Concurred. Haugen: Stated the City has an obligation to citizens to en force the ordinance and a ll homeowners d e- serve the same level of code enforcement. This is a critical p o sition for the community. PUBLIC HEARING No public hearings were conducted. OLD BUSINESS Consider Approval of a Resolution Accepting the Commerce A venue Extension Feasibility Study. Public Works Director Albrecht informed the Council that Winiecki from I&S has worked on the feasibi l ity study and is present to help address any questions. Reported that the C oun ty has already pu r chased six properties toward completion of this project and stated that both City and County staff seek Council dire c- tion in order to continue planning . Noted that Council direction will also help provide clarity to property ow n- ers who have property abutting the project. P res ented four alternatives and o ffered an anal y sis of the key issues including the value of a frontage road, how CR 42 would operate, the safety of the roa d ways, the neighborhood impact, redevelopment potential, as well as the cost to the City for each of the altern a tives . Commented on whether or not there are funding mech a nisms in place for each alternative . Comments: Haugen: Recused himself from discussion due to his ownership of property in the area. Turned leade r- ship of the discussion to Deputy Mayor LeMair . Millar: Believes alternative B is not reasonable and that alternatives D or C could offer the City a chance to recoup some of the costs , but questions where the money will come from. Commented on other interse c- tions t hat also have pressing concerns and stated he is i n clined to support alternative A. Hedberg: Noted that this topic is on the agenda due to reconstruction of CR 42 and th at previously staff had been directed to consider different alternatives due to the number of available lots. Stated that this 4 City Council Meeting Minutes July 16, 200 area may or may not be ready for redevelopment, but citizens should be engaged before any zo n ing changes are considered . Will support alternative A as that will preserve property rights for the five prope r- ties in the right of way so the y can be considered for other uses in the future. Believes the other altern a- tives call for a long - range planning process rather than a reactive oppo r tunity . Right now the City does not have the money a nd there are many other high priorities over the next se v eral years. Erickson: Queried costs for alternative D. Albrecht: Alternative D provides for alternat e type s of development, but analysis reveals there is a higher value in resale. C ould develop a retail center but acquisition cost would offset retu rns to result ing in the total cost to the C ity b e tween D and C being about the same. Erickson: Commented that alternative D would result in the road being further south and a better pos i tion if a m a jor 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 f u ture redevelopment. Erickson: T hat will cause more headache for the neighborhood. Albrecht: Agreed. There would be four acquisitions a nd a partial parcel acquisition and purchase s 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 altern a- tive in the future. Albrecht: Repl ied there would not be a substantial impact to the way the County would design the roa d- way. These a lternatives 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 al ternatives might be shortsighted. If acquiring properties and considering the final costs, the City might be locked in if it provided prope r ties 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 a c quire 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 wo uld be . Albrecht: Replied the Economic Development Snook reviewed that but was not comfortable to put valid figures on that pr o jection. Erickson: Asked if we have any idea of increased revenue if an office building went in similar to the one b e hind Tar get . Albrecht: Unknown. Erickson: Believes alternative A is safe, b ut alternative D seems logical because development will ha p pen in the future. Summit Preserve has been approved and this intersection is near to that. Supports altern a- tive D and believe s 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 pro p erties. Albr echt: 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. Wi ll recoup some of that money when resold but we will have road co n- 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 th at we lose the real estate taxes on up to ten homes for a number of years until the property is redeveloped. Albrecht: A greed noting the total cost to the City is predicated on selling the property. LeMair : Asked if alternative A were pursued now, coul d alternative D be possible to do in the future. 5 City Council Meeting Minutes July 16, 200 Albrecht: A ffirmed that alternative A does not eliminate any of the alternatives in the future subject to fa c- tors relating to how the property would be acquired . LeMair : Stated he would like to see al ternative D in a few years, but it seems alternative A is a safe course and the City won’t have to ou t lay the cash. Millar: Concurred that alternative D seems driven by what the County is d o ing with the road rather than looking at the potential for the area. Alternative A e liminates concerns about where the money would come from or that , if acquired, the City might end up holding the properties for a long time. MOTION BY HEDBERG , SECONDED BY MILLAR TO APPROVE RESOLUTION 07 - 132 ACCEPTING THE COMMERCE AV ENUE FEASIBILITY STUDY WITH THE INCLUSION OF A CLAUSE STATING THAT THE CITY BELIEVES THAT THE NO - BUILD ALTERNATIVE A PROVIDES THE BEST LONG - TERM FLEXIBILITY FOR THE CITY REG ARDING POTENTIAL REDEVELOPMENT AND ADDRESSES THE NEIGHBORHOOD CONCERNS AT THIS TIME . VOTE: Ayes by Hedberg, LeMair and Millar. Erickson opposed. Haugen recused. The motion carried. Consider Approval of a Resolution Authorizing the Execution of a Development Agreement by and between the City of Prior Lake and Premiere Dance Academy, LLC. Economic Developer Snook e xplained that further TIF funding is requested to fund the increase d site prep a ration costs due to contamination and grading issues. Noted that Dawn Schulberg of Premiere Dance Academy was present to answer any que s tions. Comments: Hedberg: Asked about the kinds of tax increment financing districts provided for by state law in add i tion to those for economic development and for r e development . Snook: Replied with the kinds of districts and what the intended use and length o f term is for each. Hedberg: Noted that the City TIF policy is that TIF financing be as low as possible and for the shortest term possible. Stated his personal policy is that business investment should stand on its own merit. B e- lieves that is the way t hat City government should operate. There are many situations where there are blighted conditions or challenging situations that are a perfect use for TIF funds. Noted that the City pr o- vides creative ways to stimulate business that do not provide the bas ic investment for the business itself and that Premiere Dance is a good example of that. The City organized a dance academy as a city service and then it evolved into a for - profit business and that was a way that the City helped stimulate the deve l- op ment of a new business. Beli e ves the City should pro vide a total TIF of $ 2 79,751 in order to rei m burse the site preparation costs and is not i n favor of providing $ 45,000 of support for the basic business inves t- ment. Millar: Asked if soil borings occur later in the process when a business might be asking for TIF money . Asked why th e contamination wasn’t di s covered before the City was asked for TIF money. Snook: Replied that it was discovered when demolition took place, not when the application was made and s uch clean - up costs are el i gible costs for TIF. Millar: Asked if this is something that should have happened prior to asking for the TIF money so the City would have had a clear picture of the needs. Snook: Replied that part of the eligible costs are als o the investigative services to learn if th e re are pro b- lems with the soils . Millar: Agreed with comments by Hedberg and is inclined to support the resolution at $330,000 . Stated the dance studio building will be a huge a s set to the City. Erickson: Be lieves there are options of continuing with the $ 135 , 000 already approved, helping with add i- tional site prep costs, or going to property acquisition. Noted that the City approves plans on a regular b a- 6 City Council Meeting Minutes July 16, 200 sis where TIF funds are allowed but not given and just because a cost is eligible does not mean TIF grants are given. Understand s there was addi tional cost for preparation and the goal was to help with site prep a- ration costs so we should make good on initial commit ment. There were more site preparation costs than e x pected and he feels comfortable with increasing those costs by $116,776 for a term of 22 years. LeMair : Recused him self from the discussion as he may be working on the project . Boyles: Responded to Millar’s question that it is n ot unusual for a TIF appl i cant to try to establish a budget on reasonable assumptions and proceed with the project and in that process find complications. An appl i- cant might well approach the project without getting soil boring tests b e fore hand. Haugen: Noted that if the Council had discussed this as a package a year ago , it would probably have a p proved 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 t he discovery of the co n taminated soils and the clean - up processes involved resulted in the applicant incurring higher expenses. Commented that Schu l berg’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: Be lieve s the dance studio is an important part of downtown and he is delighted to see the bea u- tiful buil d ing , but is m indful that we set precedents with decisions which is why he supports $279,751 rather than $ 330,000. Reiterated that c ore business deve lopment should stand on its own and his o pposition is due to not wanting to set a prec e dent. 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 c ould support the entire amount because of increased costs over the past 12 months which he be lieves is u nique and would not tie into a precedent. Hedberg: Stated that w hen construction is extended, those costs are increased and that is a normal bus i- ness risk in significant commercial development. Mill ar: Disagrees that precedent would be se t as e ach TIF request is going to be examined on an indivi d- ual b a sis and determined on its own merit. Haugen: Noted that if this request did not meet the “but for” test , no action would be requested. H edberg: Clarified position to state that C ity TIF po licy speaks to the lowest possible costs , but his point is that TIF and other vehicles for stimulating economic development sh ould not be used to support the b a sic investment in a business. When there is blighted infrastructure or polluted sites, then sho uld 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 a p pears the Council decision would be tied, which means it would fail. Suggested modifying the resolution and i n sert 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 T AX INCREMENT FINANCING A MOUNTS HIGHLIGHTED IN OPTION 1 OF THE STAFF REPORT. VOTE: Aye s 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, 200 RECONVENE The meeting reconvened at 8:25 p.m. Mayor Haugen an nounced that the agenda would be modified so people who are in attendance for a particular item may have those items addressed first . 10B Consider Approval of a Resolution Approving the Combined Preliminary and Final Plat to be known as E v anston Place. Planning Director Kansier presented a request to subdivide a lot and explained the size, grading and tree removal st a tistics. Comments: LeMair : Believes the subdivision m akes sense and increases the City’s tax base. Will support. Erickson: A sked if the lots will be separate d and sold separate ly . Kansier: Affirmed . Erickson: Asked if the City has a timeline to build on the empty lot. Kansier: Replied that it can remain empty as long as it is recorded. Erickson: Asked about the size of the lot and whether it is big enough to build on. Kansier: Replied that it is large enough to build on without requiring any variances. Erickson: Asked if a new home could be built on the l ot that has the existing home Kansier: Replied that lot is also large enoug h to build without requiring any variances. Erickson : Asked about the plans for the lot to the north . Kansier: Replied there are no requests from the owner to suggest any interest in building. Erickson: W ill support. Millar: W ill support. Hedberg: W il l support and a ssume s that building would occur at some point when the market allows it. Haugen: Commented that he wonders when a developer will ask for that zoning area to be changed to commercial. MOTION BY MILLAR, SECONDED BY L EMAIR TO APPROVE RESO LUTION 07 - 139 APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF EVANSTON PLACE AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDTIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion ca rried. Consider Approval of a Resolution Approving an Agreement with Windsong on the L ake for the CR 21 Fence Construction. Public Works Director Albrecht sought clarification of the Council’s intent in previous action regarding cost sha r ing. Commen ts: Hedberg: Believes the Council has an obligation to provide for safety of residents and may have esta b- lished a precedent in the cost share agreement with Glynwater. Recall s that $ 9,678 was the amount agreed upon . LeMair : Agreed that the Council shoul d address safety issues and that it desired to remain consistent with what was done with Gly n water by providing the difference between chain link and a wood fence in the amount of $9,6 78. Erickson: Queried if the association is asking the City to pay for the difference between what the County will provide and what they want . 8 City Council Meeting Minutes July 16, 200 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 fenc ing 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 Gly n water. Erickson: R ecalled that the topic was debated and believed the City agreed to precedent based on d o in g 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 a t that meeting, but recalls the precedent of Glynwater. Pace: Stated each situation should be analy zed 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 respe c tively. 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 Owne rs 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 app ly 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 reason able under the ci r cumstances. Hedberg: Commented that this is a complicated issue. Noted that the guidelines we use come from DNR so pr e sume s they comply with the law, but there is problem with stating that d ocks and boats should be placed so that mooring and maneuve ring of watercraft could be done within property lines if they were e x- tended into the lake. That l anguage is misleading. Referred to inquiries received since the begi n ning of the year and that m any have to do with the location of docks and half have to d o with renting slips on pr i- vate properties. Rental has not been the scope of the research of the City Attorney or the L ake Advisory Committee . Believes the Council should do something so we are not sending out misleading information; and also do somethin g about the private m a rinas on the lake. LeMair : Stated he is n ot sure we can solve all the issues but it would be good to start with a correct set of guid e lines. Will accept the report. Erickson: Agreed we need to look at two separate items and suggest ed not putting the private marina i s sue in with the dock regulations. Believes that l ogic 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 a d- va n t age. 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 stric t ness. Hedberg: Agreed the y are separate issues. 9 City Council Meeting Minutes July 16, 200 Haugen: Stated the r eport gives us greater understanding of what we can and cannot do and if we can cr eate logical guidelines, it mig ht be helpful for the future. Queried whether the Council would like to refer the two issues of dock loca tion 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 : R ecommended keeping it to one issue until it is solved. Asked to have it go to LAC to reco m- 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 P rior Lake and the Lake Minnetonka and White Bear Lake co n- 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. R egardless of what approach is used, it will be difficult to come up with ord i nance that wi l l fit all situations. Believes it raises the question about whether people shou ld be required to get dock pe r mits 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 e n forc e 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 fir st option and they could c all in people from the Lake Minneton ka and White Bear Lake Conservation District s, both of which have a board and professional staff . Hedberg: Believes an ordinance is impractical because circumstances in Prior Lake are such th at any rule to be e n forced will require significant action in issuing variances and administrative and enforcement costs would be high. Stated current g uidelines are very weak and a po l icy could have more weight than the guidelines and not mire us in per mitting and variance issues. Erickson: Commented that the LAC spoke with people from the Minnetonka Conservation D istrict 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 no t in favor of permits for docks and he is n ot in favor of costs for hi r ing staff to do it. Stated we should p ut 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 wi th 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 recommend ed DNR ordinances would prohibit that because it would cr e- ate a s afety co n cern 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 q uestioned if we have an y thing 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 r e move it. Millar: Commented that the City is not powerless for a remedy. Hau gen: Suggested consideration of : 1) do ing nothing; 2) decid ing 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, 200 those issues , it should be routed to the Pl anning Commission . And, i f the C ouncil want s to create polic y 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 pr i vat e marina rental issue should not be i n cluded because there is existing ordinance to deal with it . MOTION HEDBERG, SECONDED BY LEMAIR TO DIRECT THE LAKES ADVISORY COMMITTEE TO PURSUE DEVELOPMENT OF P RIOR LAKE POLICY RELATING TO DOCK PLACEMENT Millar: S uggested that it requires more study before we start looking at ordinance. Agrees it is a valid point regarding enforcement , but we s hould define a policy for the City and can turn it into ordinance if the Council so desire s at some later date after exper ience 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 regardi ng commercial marinas and those laws should be applied. Believes we should put a dock location policy in place and then a d dress 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 b etter 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 allow ed per dock on residential property . Haugen: Commented that it s eems a redundancy of effort to totally separate the issues. Erickson: Stated that keeping the topics separate will a llow 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 o rdinance solution would be high - cost and impra c- ti cal . Millar: Believes the LAC should look at both issues and they can decide if they want to address them t o- gether or separat ely. 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 Milla r. The motion carried. Hedberg: Stated he will take this report and direction to the LAC . 11 City Council Meeting Minutes July 16, 200 Consider Approval of the Process for Creating the Public Works Consultant Pool and Vendors List. Public Works Director Albrecht presented the process and as sociated timelines. Expect s to have a ve n- dor list ready within two weeks. Goal is to provide an opportunity for the City to get the most competitive prices on professional se r vices. Comments: Millar: Smart idea. Should save time for staff in the lon g run and hopefully save the City money. Hedberg: Both of these deal with purchasing that does not have to go through competitive bidding. B e- lieves this puts us on the right track to get the best value for money for taxpayers, developers and fee pa y- ers. L eMair : Concur red 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 se r vices that the City has s uch as IT services. Albrecht: Propose d sending the list to all department heads so they can add to it and make it a City of P rior Lake professional consultant services list . All consultant areas could be added to it and SOQs soli c- ited . Haugen: Agreed this enhan ces the value we give our citizens. MOTION BY LEMAIR, SECONDED BY ERICKSON TO DIRECT STAFF TO IMPLEMENT THE VENDOR LIST AND SOLICIT STATEMENT OF QUALIFIC A TIONS 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 u p- dates are proposed in order to incorporat e changes in technology, State s tatue and MnDOT revisions. Comments: Erickson: N oted there is new bituminous that allows water to seep through it that could allow us to elim i- nate some impervious surface. Poppler: Responded that we can look at it, but he does not know if it w ill hold up. Erickson: Noted it is a rougher surface but the Bituminous Association is guaranteeing it as a great pro d- uct. Albrecht: Stated the City has evaluated it for parking lots and believes it works well with sandy soil whe re wetness can drain away. Noted that t his ma n ual deals with roadway methods. LeMair : Asked about the proposal to use outlots in place of easements and believes it will make deve l- opments more e x pensive. Albrecht: Responded that e asements cost money e xplaining that two of the City’s longest la w suits had to do with easements. It is underst ood that developers like to r un utilities on lot lines; but the City is li m ited legally with what can be do ne with easements. Costs are incurred when we have to do r eco n struction. N ew developments try to keep utilities in the streets where they should be and utilities in outlots would not be needed very often. Believe s it is a prudent recommendation and noted the Council can still grant a var i- ance if there are unus ual i n stances. LeMair : Asked about the bituminous policy regarding dates and asked about recent failures in road reco n- struction . 12 City Council Meeting Minutes July 16, 200 Albrecht: Replied bituminous failure h as become a new development issue with p roject builders willing to pay bituminous pl ant s to stay open later in the year and paving occurring in November . Even though a d e- 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 d ates that have been historically reaso n able. 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 the m. Millar: Agreed that it defines requirements for developers and eliminates confusion. Haugen: Commented that anyone in community that would review document s would gain great appreci a- tion for the Pu b lic Works Department and how they do things. MOTI ON 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 Easemen t over Eight Acres Adjacent to Five Hawks Elementary School and a Resolution Approving a Contribution to the Jeffers Pond Interpretive Ce n ter Building. City Manager Boyles explained the proposal from Jeffers Foundation to offer $ 200,000 to the City in e x- ch ange for granting a co n serva tion easement on C ity - owned property. Comments: LeMair : Will support. Erickson: Questioned the dog restriction and asked if we are saying people ca n not take a dog to a city park. Boyles: Agreed that users will pass fro m 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 dist rict 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 a llowing dog to run wild in natural area would cause a problem, but people should have opportunity t o cross the property in a direct route with a leashed dog and r easonable use of the pro p- erty should be expected. Boyles: Noted these are proposed conditions and w e could offer a statement that modifies that pr o posal 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 A ttorney work with the Foundation . Pace: Suggested the Council c an 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 wal k ing pets. Hedberg: Believes it is important to have the conditions to protect the taxpayers interes ts. Asked about i n frastructures un derl ying this land. Boyles: Affirmed there are underlying easements and there is a legal question on whether these eas e- ments prevail. Pace: Stated we will preserve those easements to the extent it is important to the Ci ty that they be r e- tained, otherwise they should be vacated. Hedberg: Stated that should be added to the resolution. 13 City Council Meeting Minutes July 16, 200 Pace: Responded that those issues will be resolved during the development of the conservation easement doc u ments. Hedberg: Concluded tha t this is a great partnership where we have to give a little, but we get a lot. Millar: Concur red . Stated that p reservation of the property is important to the City and thanked Jeffers Foundation for this o p portunity and the Jeffers Pond opportunity. Hau gen: W ill 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 ADJACE NT 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 tre mend ous example of partnerships involving the School D istrict , the F ound a- tion and the C ity and it needs to be structured to protect everyone. LeMair : Concurred and asked where the $500,000 is placed. Pace: Replied tha t 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 f or 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 pr o- gramming for citizens of all ages. Boyles: Responded that the resolution co uld 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 INT EREST EARNING ACCOUNT TO BE USED FOR THE CONSTRUCTION OF THE JEFFERS PO ND 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 A UTHORIZING 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 DISTRIC T 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) Se c tion 601 – Refuse; and 3) Section 609 – Portable Toilets. City Ma nager Boyles outlined the proposed changes and advised the Council that the proposed ord i- nances were mailed to a p propriate vendors and that one vendor contacted him with comments. 14 City Council Meeting Minutes July 16, 200 Comments: Millar: Asked if the $1,000 Letter of Credit required from re fuse haulers would be a meaningful amount . Erickson: Believes if the refuse hauler passes along that cost to any driver that violates the regulations, the amount will be mea n ingful. Millar: Agreed it w ould be up to the refuse company to police their own people. Hedberg: Thinks s ome procedural things might require modification in the future , but will support. LeMair : W ill support . Haugen: W ill support MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE ORDINANCE 107 - 12 AMENDING SUBSECTION 308.800 O F THE PRIOR LAKE CITY CODE RELATING TO TOBACCO. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY L EMAIR, SECONDED BY MILLAR TO APPROVE ORDINANCE 107 - 13 AMENDING SUBSECTION 601 OF THE PRIOR LAKE CITY CODE RELATIN G TO HEALTH AND SANITATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY L EMAIR, SECONDED BY MILLAR TO APPROVE ORDINANCE 107 - 14 CREATING SECTION 608 OF THE PRIOR LAKE CITY CODE RELATING TO HEALTH AND SANITAT ION. 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 Co n- servation and Alternatives Plan. Public Works Director Albre cht 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 consider ing o p- erations policies to assure most eff i cient practices. Comments: LeMair : Stated the report includes the right ideas. States he is a b ig advocate for E85 and having flex v e- hicles. Erickson: Complimented staff on l ooking at a lot of different ways of looking at energy conservation. Commented on “z ero impact ” meaning that if a product is taken out of service, it is recycled and suggested that could be listed also . Millar: Agree d it is a good idea for City to set an example of energy conservation. Hedberg: Concurred with previous comments and s uggested staff be directed to r eport 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 neighbo r hood 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 wou ld like staff to suggest a no - idling o r dinance . Erickson: Suggested the City have a p lan to observe Earth Day and put together som ething to bring it to better attention next s pring. MOTION BY HEDBERG , SECONDED BY MILLAR TO APPROVE THE REPORT REGARDING THE CITY OF PRIOR LAKE VEHICLE AND FACILITY ENERGY CON SERVATION AND ALTERNATIVES PLAN WITH TWO AMENDMENTS : 1 ) DIRECT STAFF TO RETU RN TO COUNCIL IN SIX MONTH S 15 City Council Meeting Minutes July 16, 200 IDENTIFYING WHAT HAS BEEN IMPLEMENTED, THE RESULTS ACHIEVED AND ANY IDEAS FOR ONGOING RESEARCH; AND 2 ) DIRECT STAFF TO EXPLORE THE RECOGNIT ION AND OBSERVANCE OF EARTH DAY BY THE CITY. VOTE: Ayes by Haugen, Erickson, Hedberg, Le Mair and Millar. The motion carried. OTHER Community Ev ents Alb recht : 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 Augu st 5. Haugen: C ongratulated Jenna LeMair on Chanha ssen Dinner Theatre performance. Saturday morning of Lakefront Days will have a Triathlon . August 7 is National Night Out and interested neighborhood s should call 447 - 9800 for police or City Council p articipation . Condolences were offered to the Friedges family for the loss of their daug h ter. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and s e c onded by Millar . With all in favor, the meeting adjour ned at 11:12 p.m. ____ _______________________________ ___________________________________ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 16