HomeMy WebLinkAboutAgenda & Minutes
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REGULAR COUNCIL MEETING AGENDA
July 7, 2008
6p.rn.
Citym~~llm.
Council Work Session
Tour of Fire Station No.2
4:30 p.m.
This meeting is open to the public.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE
2. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address
concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to
be considered as part of the Council's regular agenda may not be addressed at the Public Forum.
Topics of discussion are also restricted to City governmental topics rather than private or political
agendas. The City Council will not take formal action on issues presented during the Public Forum.
3. APPROVAL OF AGENDA
4. CONSIDER APPROVAL OF JUNE 16, 2008 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 2008 Second Quarter Budget Summary Reports and General Fund
Overview.
C. Consider Approval of 2008 Second Quarter Investment Report.
D. Consider Approval of a Resolution Approving Polling Location Change for Prior Lake Precinct
#6B.
E. Consider Approval of a Resolution Approving the 2008 Prior Lake Outlet Channel Joint Powers
Agreement Payment.
F. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager
to Execute the City's Standardized Construction Contract for the 2008 Sanitary Sewer CIPP
Project.
G. Consider Approval of Temporary On-Sale Intoxicating Liquor License for Prior Lake Chamber of
Commerce for Lakefront Days.
H. Consider Approval of Animal Warden Report.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
6. ITEMS REMOVED FROM CONSENT AGENDA
7 . PRESENTATIONS
A. Girl Scout Gold Award
B. Community Safety Task Force
C. National Night Out
8. PUBLIC HEARINGS:
A. Public Hearing to Consider the Proposal to Adopt a Street Reconstruction Plan and Issue General
Obligation Street Reconstruction Bonds.
9. OLD BUSINESS
A. Consider Approval of Community Safety Task Force Report and Directing Implementation
Thereof.
B. Consider Approval of:
1. An Ordinance Amending Section 605 of the City Code to Include Provisions Relating to
Noise; and
2. An Ordinance Amending Section 903 of the City Code to Clarify the Provision for Off-road
Vehicles and Combustion Engines.
C. Consider Approval of a Report Regarding a Request to Limit the Distance Between Off Sale
Liquor Establishments.
D. Consider Approval of a Resolution Authorizing Seasonal Parking Along Green Heights Trail.
10. NEW BUSINESS
A. Consider Approval of a Resolution Authorizing Preparation of a Feasibility Report for the 2009
Street Reconstruction Improvement Project, City Project #09-011.
B. Consider Approval of an Ordinance Amending Section 307 of the Prior Lake City Code, Outdoor
Event Ordinance, by Adding a New Section 307.302 Permitting Limited Outdoor Entertainment at
Restaurants with a Liquor License.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS
A. Community Events.
B. Executive Session.
12. ADJOURNMENT
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
June 16, 2008
DRAFT
REGULAR COUNCIL MEETING MINUTES
CALL TO ORDER
Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City
Attorney Girouard, Public Works Director Albrecht, Parks and Fleet Supervisor Friedges, Water Resources
Engineer Bintner, Building and Transportation Services Director Kansier, Community Development and
Natural Resources Director Walthers-Moore, Planner Matzke, Police Chief O'Rourke, Assistant City Man-
ager Meyer, Communications Coordinator Peterson and Administrative Assistant Green.
PUBLIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It
is no longer than 30 minutes in length and each speaker will have a maximum of ten minutes; less if there
are more than three speakers. Topics of discussion are restricted to City government 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.
Comments:
Terry Hutchinson, 5035 Hope Street SE, thanked the Council for its continued support of the snowmobiler
groups. Stated the snowmobile groups would be meeting with Scott County Commissioners to work on its
2030 Comprehensive Plan regarding future snowmobiling trails in the County.
Haugen: Commented that two weeks ago the Council discussed the benefits that evolved from the rela-
tionship between the City and the snowmobile clubs, and the commitment to keep the task force in order to
be able to seek appropriate solutions to problems before they evolve and allow snowmobiling riding to con-
tinue for years to come.
Hutchinson: Stated that there is a meeting with the transportation section of the County's planning de-
partment on June 30.
APPROVAL OF AGENDA
Mayor Haugen requested addition of a report to the agenda regarding SCALE activities.
MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS MODIFIED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE JUNE 2, 2008, MEETING MINUTES
AS PRESENTED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE JUNE 9, 2008, MEETING MIN-
UTES AS PRESENTED.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
City Council Meeting Minutes
June 16, 2008
DRAFT
VOTE: Ayes by Haugen, Hedberg and Millar. Councilors Erickson and LeMair abstained due to their ab-
sence at the meeting. The motion carried.
CONSENT AGENDA
City Manager Boyles reviewed the items on the consent agenda.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Treasurer's Report.
C. Consider Approval of Building Permit Report.
D. Consider Approval of Animal Warden Report.
E. Consider Approval of Fire Call Report.
F. Consider Approval of Resolution 08.085 Authorizing Purchase of Materials for the Shepherd's
Path Pedestrian Bridge.
G. Consider Approval of Resolution 08.086 Authorizing a Civil Enforcement Action Against Thomas
Vidmar.
H. Consider Approval of Resolution 08.087 Approving Prior Lake Lions Club Premise Permit for Law-
ful Gambling.
I. Consider Approval of Refuse Hauler Permit Renewals for 2008-2009.
J. Consider Approval of Resolution 08.088 Finding Parcels to be Occupied by Structurally Substan-
dard Buildings.
K. Consider Approval of Resolution 08.089 in Support of the Snowmobile Task Force and the Future
of Snowmobiling in Scott County.
L. Consider Approval of Resolution 08.090 Accepting Quotes for Services and for the Purchase and
Installation of Standardized Equipment for the 2008 Lift Station Reconstruction Project.
M. Consider Approval of Resolution 08.091 Approving the Final PUD for Shepherd's Path/YMCA.
Councilor Millar requested that Consent Agenda item, Consider Approval of Refuse Hauler Permit Re-
newals for 2008-2009, be removed from the Consent Agenda for discussion.
Councilor Hedberg requested that Consent Agenda item, Consider Approval of Resolution 08-091 Ap-
proving the Final PUD for Shepherd's Path/YMCA, be removed from the Consent Agenda for discussion.
MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS
MODIFIED.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Millar: Commented on the agenda item relating to the approval of refuse hauler permits stating that it
seemed to have caused a controversy when the Council sought ways improve hauling from traffic, safety
and environmental viewpoints. Advised that this permit approval is for all the present haulers and is not
intended to exclude any haulers.
Erickson: Asked City Manager Boyles to address the changes that were made to enforce hours of haul-
ing.
Boyles: Replied that the City Code was revised to provide that each refuse hauler submit a $1,000 escrow
that would be drawn from to pay fines if violations were committed.
Hedberg: Commented that approval of the final Planned Unit Development plan for the YMCA is a signifi-
cant event within our community. There has been work to develop plans for the YMCA for some time and
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June 16, 2008
DRAFT
they have done all the work necessary for the City to approve it. Feels proud that this unique development
with the church, housing, Safe Haven for Youth and the YMCA is underway. Encouraged people to get
involved to help the YMCA by enrolling, contributing, etc.
Haugen: Commented that initial conversations for this project began about four years between the City,
Shepherd of the Lake and YMCA representatives. Great to see it become a reality. Noted that references
to this facility will always include "in Prior Lake," which is incorporated in its name.
MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE REFUSE HAULER PERMIT RENEW-
ALS FOR 2008-2009 AND RESOLUTION OS-091 APPROVING THE FINAL PUD FOR SHEPHERD'S
PATHNMCA.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
PRESENTATION
Oath of Office for New Firefighters
Fire Chief Doug Hartman introduced firefighters Jackie Carlson, Joe Machal and Dan Seery announcing
they have completed over 200 hours of outside training and 50-70 hours of intemal training. Stated they
have been responding to calls and contributing their efforts to the Fire Department. Mayor Haugen ad-
ministered the Firefighter Oath of Office to each firefighter and a badge was received by each.
Presentation of CenterPoint Energy 2008 Community Partnership Grant
Building and Transportation Services Director Kansier introduced CenterPoint Marketing Manager
David Murray. Murray presented a $2,500 grant to Mayor Haugen and Fire Chief Hartman explaining that
the Community Partnership Grant is used to help cities leverage local funds to purchase safety equipment.
Kansier explained that funds will be used to purchase three microgas monitors for the first responding chief
vehicles and another two monitors for the fire apparatuses.
PUBLIC HEARING
Consider Approval of a Resolution Authorizing Seasonal Parking Along Green Heights Trail
Public Works Director Albrecht briefed the Council on the history of this topic and the recommendation
from the Traffic Safety Committee. Suggested seasonal parking only as use would be prohibit during the
winter due to snowplowing issues. Advised the Council that the Traffic Safety Committee believes this item
is not within their purview since Council action has been taken previously regarding parking in this area.
Spoke of costs for signage and gravel that would be incurred if seasonal parking is permitted and recom-
mended that cost be charged to Captain Jack's.
MOTION BY MILLAR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
opened at 6:30 p.m.
Comments:
Tom Sylvester, 4031 Roanoke Street, commented that he takes the route (proposed for parking) every
day. Stated the brush on the corner is so high you can't see anything coming from Captain Jack's. If cars
were parked there, visibility would be even less. Gave examples of experiences of near accidents due to
that situation. Stated also that trash is left behind and Captain Jack's doesn't pick it up. Believes emer-
gency response equipment would have a hard time getting through if they were called upon.
Ken McQuade, 16517 Dutch Ave SE, stated that parking was part of the discussion during the neighbor-
hood meeting. Agreed it is difficult so see around the corner of Dutch I Green Heights Trail and believes
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cars should not be allowed to park there. Commented that people are often speeding when approaching
Captain Jack's. Noted that since littering was brought up at the neighborhood meeting, Captain Jack's em-
ployees have been coming out to pick up the trash so he feels that is being taken care of better. Ques-
tioned what would happen about parking when the lot along Green Heights Trail is sold.
Pat Stevens, owner of 16517 Dutch Ave SE, concurred with McQuade comments and spoke of the resi-
dential nature of the neighborhood, future market value and peaceable enjoyment of residents in the area.
Stated he wants to go on record that there is a natural conflict of interest with a growing enterprise that gen-
erates a lot of people coming and going at night when others want to have peace and quiet. Noted there
has to be something that would enable more people to park.
Irene Stevens, owner of 16517 Dutch Ave SE, spoke of pond on the lot being part of the wetland system
and wondered if there are provisions to keep from building that close to wetlands. Noted that when they
built their house they had to ascertain where wetlands were and could not build too close. Asked what dif-
ference there would be in that regard between building a home and a parking lot.
Robin Mueller, Webster, stated she wanted to speak for her friend who lives in the neighborhood stating
she wanted to verbalize what her friend cannot. Commented on the negative aspects of: noise during late
hours caused by car doors or people outside in the empty lot; littering caused by patrons of Captain Jack's;
and people sleeping in yards. Believes Captain Jack's is eroding the neighborhood. Asked if there would
be bouncers to patrol the streets. Stated she has seen a change in personality of her friend since the no-
smoking ordinance has moved people out into the street. Believes Captain Jack's should control parties in
the parking lot. Stated that the Department of Natural Resources has allowed additional boat slips at Cap-
tain Jack's and the revenue gained from renting the boat slips negates the impact of any $500 fine.
Albrecht: Stated that a letter was received from Larry Anderson, 16575 Dutch Avenue SE, expressing that
he is against additional parking.
Dirk Bolstad: Asked how many parking spots would be provided with this request.
Albrecht: Nine.
Bolstad: Commented that there have been changes over the past 25 years, but it is important to remem-
ber that Prior Lake started as a resort area with over 15 resorts/bars. It is a part of Americanna. Stated
that the City needs businesses to help with taxes and has to help businesses succeed. Believes the com-
munity is doing itself an injustice if it does not support the solution for parking. Stated he has a couple of
complaints occasionally, but when mentioned, Captain Jack's is proactive about handling it. Believes that
handing out flyers when there is going to be an event, additional seasonal parking, cutting the grass and
putting out garbage cans can solve it.
Mark Nelson, 15567 Fremont Ave NW, owns lakeshore and believes that having a restaurant on the lake
helps the property value of homes on the lake. Pointed out that the parking lot had been used for 10 years
and people were parking all over it so this request is not an increased amount of parking. Believes the
smoking ban does have something to do with people being outside and the associated noise. Captain
Jack's tries to get people to go to the deck to smoke and that seems to make a difference and employees
have been instructed to address any complaints from the neighbors right away. Stated he has gone out to
the parking lot to respond to complaints of noise and hasn't found anyone there.
Dan Sheedy, 3880 Green Heights Trail, stated he does not think anyone is making false noise complaints.
Commented that it is summer time and he would like to sleep with the windows open but that's not an op-
tion because people rev up their Harley's or boats and it disturbs the neighborhood. Stated the trash and
litter is real. Believes there should be a stop sign at Dutch. Commented that it has been tough living with
Captain Jack's there and people have moved away because they couldn't take it anymore. Asked the
Council to think about the neighborhood. Stated he went to the Captain Jack's Website today and found
that multiple outdoor events are scheduled and he thought they were only allowed to have two. Stated that
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DRAFT
Captain Jack's should think about the neighborhood and should purchase the empty lot to make it a parking
lot if that is what they have to do.
Sally Sheedy, 3880 Green Heights Trail, stated she has been constantly reminded by the Council and City
staff that the bar was here before she was. Commented that when they moved in (18 years) the bar was
considered an asset for them, but now it is not just a bar, but rather a sporting venue with multiple events, a
marina and a concert hall. If it were just a bar, the neighborhood would not be forced to "attend" these
events because they can hear the people every night. Stated she has experienced the vandalism, people
turning around in her driveway, walking through her yard and waving boats in to tie up at her dock. Stated
that no one would want to experience what they experience. Believes that if Captain Jack's cannot afford
to buy parking spots and keep their business within a boundary, it is not her responsibility to make them
successful at her expense. Stated she is tired of this issue coming up and having to address it every time
there is a new owner and wants the City to take a stand on how much this bar can expand.
Gerry Anderson, 16575 Dutch Ave SE, stated that customers approach along Dutch Street and she has a
view of the corner. Spoke of near misses with vehicles and that there is no place for a vehicle to pull out of
the way. Believes there are other areas and streets to consider besides Green Heights Trail.
Lori Nelson, 15576 Fremont Avenue, stated that having restaurant on the lake is a huge asset. More peo-
ple are moving in and visiting and they are spending their money here and they are families with children,
not drunks. Stated that it nice to have a place on the lake to go eat. Believes it is a shame the way this
town treats small business owners and whether Captain Jack's makes money on the boat slips is not the
issue, but rather the requested nine parking places. Believes the Council needs to support the owners to
find a viable parking solution. Stated that when people buy a house with a bar next door, they should ex-
pect the associated noise.
Eric Brell, Captain Jack's employee, commented that he does not recall having a single live music event
last year. Referred to noise complaints stating that he was outside when a complaint was placed a couple
of weeks ago and no one was there. Noted that the side door of Captain Jack's has been locked so people
don't go out that door for smoking. Believes that the bar is trying to work with the neighborhood. Con-
curred with Nelson that the noise complaints are not the issue here, rather the nine parking spots.
Karen Sweet, 3950 Green Heights, owner of Captain Jack's. Stated that they feel a responsibility as the
owners of the last lakeside bar and restaurant in Prior Lake; a responsibility to the community, their em-
ployees and the neighbors. Believes that lakeshore property values are elevated because of restaurant on
the lake. Stated they are starting to have neighborhood meetings to hear suggestions on how to be better
neighbors. Commented that they want to increase food sales and encourage families to be patrons.
Stated they need help for additional parking, do not intend to increase littering and noise, and want to make
Captain Jack's a place that more people can come to and enjoy. Stated they are open to suggestions for
any other solutions for parking that there are.
MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
closed at 7:25 p.m.
Haugen: Asked staff to respond to the query about building in the wetland area.
Albrecht: Replied that all wetlands have a buffer distance, the length of which depends on what it is used
for. State law for mitigation of impacts to wetland would have to be followed if anyone wanted to protrude
into it. On a small site like this there is not much space to recreate a wetland. The wetland is a jurisdic-
tional wetland under State authority and the City is obligated to protect it.
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DRAFT
Comments:
Millar: Thanked those who attended the public hearing and allowed the Council to hear their concerns.
Commented that the sight line issue at the corner of Dutch and Green Heights Trail could pose a problem
and that not allowing parking on that corner should be considered along with the possibility of a stop sign.
Stated he has trouble understanding why residents would encourage owners to purchase the empty lot
which would provide more parking than would be provided on the street. Asked Albrecht if the requested
parking would be off street.
Albrecht: Displayed a photo of the proposed parking area, explained that the existing boulders are in the
right-of-way and will need to be moved, and indicated cars would be permitted to straddle the curb and go
up on the gravel.
Millar: Owners were encouraged by the residents to purchase the empty lot and house many more cars
than the nine cars, which would help alleviate some of the traffic that goes up Dutch and around the cor-
ners and the people who walk up those streets late at night trying to get to their cars. Added that if the
nine spots allowed cars to park off the street, it may not be a safety concern for emergency vehicles.
Albrecht: Replied that the Traffic Safety Committee was not concerned about emergency vehicles being
able to access the area.
Millar: Stated he understands the question about the capacity of the bar and how many more people can
be brought in. Believes that is a valid concern and should be considered. Suggested it would be helpful if
Captain Jack's posted security outside on weekends and higher traffic times to address problems that
might be gone by the time they are called in as complaints.
Hedberg: Thanked those who came stating their input helps inform decisions. Commented that it was
instructive to hear about the resort history of the lake adding that he has always appreciated having a res-
taurant on the lake and often wished there was another. Stated this is a public lake and people should be
encouraged to use it. Believes it is important to support local businesses and this is a unique situation
since there has been some form of a bar in that location for many years and it is located in a residential
neighborhood with neighborhood streets rather than the wider roadways of a commercial zone. In a com-
mercial situation the parking has to be contained to the maximum that is possible. Agreed it would have
been ideal if Captain Jack's could have purchased the lot, but that is not an option. Believes these pro-
posed nine parking spots are not going to solve the problem and questioned how to make this situation
successful in the long term. Sweet's have stated they want to be good neighbors and the concerns raised
by the neighbors can be improved with attention and neighborhood meetings. Believes that the way to
have the business operate successfully in a neighborhood is to have everything contained on site.
leMair: Commented that this is a tough issue and that he knows the people who work there, believes
Sweets want to provide an atmosphere that is conducive for everyone to live in harmony and that the res-
taurant is great for the lake. Stated there has been chaotic parking for several years in the empty lot and
these parking spots would be organized. Questioned if there would actually be nine spots since there is a
gate for the owner of the empty lot to access the property.
Albrecht: Replied there could be up to nine parking spots, depending on configuration, distance from cor-
ner and access to the outlot.
LeMair: Remarked on the statement that boulders and gates on the empty lot are in the right-of-way and
asked why cars would have more right to be there than the gate or the rocks. Agreed the facility has
changed over the years, there are more boat slips now, and the smoking ordinance changed which had a
negative effect on the neighborhood. Noted that events could drive traffic to Captain Jack's during off-
peak times. Stated he wants to see them succeed and he is not sure nine spots will help, but it will not
make it worse. Believes if the empty lot is developed, the parking spots would disappear anyway.
Albrecht: Replied there are initial development concepts being considered that would allow parking to
continue.
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DRAFT
leMair: Expressed concern that if the parking is granted, development could occur and nothing would be
resolved. Stated he would like to see 4-5 spots that could only be used by employees of the bar. The em-
ployees would be the last ones out and would be courteous in the neighborhood. Does not believe that
nine spots would solve anything.
Erickson: Thanked Captain Jack's for helping with Clean up the Lake last weekend. Questioned whether
Captain Jack's should have a 2 a.m. license since it is in a residential area. Thanked all who addressed
the Council for being respectful and stated that he received an email that made false statements and
threatened slanderous statements, but he intends to be responsible in his decision despite receiving it.
Noted that similar parking was granted in 2004 and asked if the proposed parking is intended for this year
or to be ongoing.
Albrecht: Replied that the proposed resolution is written so that it would be permitted until development
eliminates any parking.
Erickson: Clarified that the 2004 resolution was for one season.
Albrecht: Agreed stating the intent was to allow the owners to use parking on the street while they were
preparing a parking lot.
Erickson: Asked if there were issues when there was parking in this area in 2004.
Boyles: Responded that he did not recall particular issues.
Erickson: Believes that allowing cars to straddle the curb would be an improvement over 2004 and asked
how drivers would know they should pull over that far.
Albrecht: Replied that a gravel area with signage would be provided. Noted the Traffic Safety Committee
responded to the owners that this could be a solution, but did not believe it had the right to designate it.
Erickson: Asked if there is parking on Dutch Street and whether it would be affected by this proposed ac-
tion.
Poppler: Responded that Dutch Street has parking on one side which would not change.
Erickson: Asked if Dutch Street meets parking requirements.
Poppler: Replied that it is the same width as Green Heights Trail.
Erickson: Asked why parking is allowed on Dutch Street and not on Green Heights Trail.
Poppler: Replied that other streets in Prior Lake are less than 28 feet wide and they are signed no park-
ing only at the request of the neighborhood.
Albrecht: Past City Council action allowed residents living within a certain distance of the lake on streets
not prohibited from parking to petition the city for restriction of streets under certain guidelines.
Erickson: Clarified that if residents on Dutch Street are having problems, it is up to them to petition the
City to ask for restrictions.
Albrecht: Agreed.
Erickson: Asked if there is a focus of patrolling the area just before and after closing time since it sounds
like a lot of the concerns are near closing time.
O'Rourke: Replied that there is no plan to address any specific area as there are bars in other areas and
officers want to be able to respond to all calls. Officers gravitate to the busy spots and the bars in down-
town have a more rowdy reputation. Listed number and kinds of calls received and stated there is nothing
in the calls that indicate that more coverage should be pushed to this area. Coverage is driven by the calls
received.
Erickson: Asked how close to the corner of Dutch and Green Heights Trails is planned for parking.
Albrecht: Replied that parking will be nearly 30 feet from the corner as there is storm sewer and curb that
is an impediment to parking there. Agreed it might be a suitable location for a yield sign.
Erickson: Recommended a yield sign to clarify the right of way for people and suggested doing something
similar to what was done in 2004 and allow parking for the rest of the summer. Recommended that people
living on Dutch Street petition the City for no parking on Dutch Street if that is what they want.
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Haugen: Stated the discussion is not just about nine parking spots
and tonight's charge is to deal with the parking request. Noted that whenever there is discussion about
Captain Jack's it is an opportunity for the neighborhood to bring up other issues. Tonight's issue is safety
on the streets and if parking on the street adversely impacts safety, that is an issue. Noted that noise has
always been a legitimate concern, now the ban on smoking inside bars has exacerbated that. Litter is a
legitimate issue and there must be both respect for the rights of surrounding neighborhood and respect for
the business in the neighborhood. The number of entertainment events and the participation in those
events is more frequent than in the past and consideration can be given to how to enhance revenue by do-
ing things at different times of the day and not just at peak times, as well as the balance of patrons between
young singles and families. Believes that Captain Jack's is an asset to the community and not just from a
tax revenue perspective. Parking on Dutch and Pershing leads to people going through yards. Neither the
neighbors or Captain Jack's is going to go away and both need to work together to find out what can be
done. Effective communication is necessary. This request will not solve the parking concerns.
leMair: Stated he would like a compromise such as six spots that are used by employees.
Sweet: Responded that employees park elsewhere for events and busy times and get rides to the site.
leMair: Reiterated that there should be give and take. Suggested six parking spots and reduction of open
hours during some of the weekdays perhaps closing at 11 p.m. rather than 2 a.m. Stated he is not sure
why one-side parking is allowed all around the neighborhood but not on Green Heights Trail.
Erickson: Suggested parking be allowed for this season only and then looked at again to consider
whether it went well or if it is even an option in the future if the lot is developed.
Millar: Agreed that comments received were about late night noise, walking through neighborhoods and
trash. Considered that having 5-6 cars parking on Green Heights Trail might relieve some of the parking
and noted that it would be better to have people leaving from a parking lot rather than walking through the
neighborhood to reach their cars. These parking spots might help some of the pressure going into the
neighborhood. Suggested posting Pershing as no parking in exchange.
Hedberg: Stated the most important thing to come out of this discussion is to realize that the only solutions
are going to be having the owners meet with and speak with the neighbors. Captain Jack's isn't going
away, but it is in a neighborhood and the quiet enjoyment of the neighborhood needs to be respected. Be-
lieves the long-term solution is accommodating the vehicle traffic with off-street parking for a successful
partnership with the neighborhood. Does not support adding the parking spaces, but is intrigued by sug-
gesting to change Pershing to no parking in exchange for parking spots along Green Heights Trail and be-
lieves that would be the only condition under which it makes sense to convert to these parking spots for this
year until we know what will happen with the development of the empty lot.
Haugen: Stated that if comes to a vote tonight, he would vote no because voting yes would be making a
decision without looking at the total problem. Agreed it is a neighborhood parking problem and suggested
that the neighbors and Captain Jack's take a couple of weeks to work on the issues to see what makes
sense for the total community. Recommended giving direction to figure out a way to compromise on these
issues and see if can make it work.
MOTION BY MILLAR, SECONDED BY HEDBERG TO TABLE THE REQUEST FOR PARKING UNTIL
THE NEXT MEETING AND HAVE ALL PARTIES MEET TO FIND A SOLUTION.
leMair: Stated he is agreeable to tabling the topic and noted that in a commercial area he has had to re-
duce the size of a building project to allow for more parking space.
Haugen: Suggested that the types of things to discuss at a neighborhood meeting would including parking,
safety, security, noise, litter, mutual respect, balance of patrons, activity levels and participation, communi-
cation, hours of operation.
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VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
RECESS
Mayor Haugen called a recess at 8:33 p.m.
RECONVENE
The meeting was reconvened at 8:45 p.m.
Consider Approval of a Resolution Approving the 2008.2009 Liquor License Renewals.
City Manager Boyles outlined the criteria for renewing a liquor license. Noted that the Lakehouse Grill did
not reapply for a liquor license despite four contacts from the City. Mayor Haugen listed the businesses
that were applying for license renewal.
Comments:
Erickson: Asked if all of the renewals were for a 2 a.m. closing time or if they were to renew licensure re-
gardless of closing time.
Boyles: Replied that the precondition is that a city has to adopt an ordinance to make it allowable for them
to be open until 2 a.m. and the business must apply to the state to be open until 2 a.m. Believes most of
the City's establishments have applied for the 2 a.m. closing.
Erickson: Asked if it is still within the City's authority to restrict some of them to close prior to 2 a.m.
O'Rourke: Offered to research the answer.
MOTION BY LEMAIR, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
opened at 8:57 p.m.
Comments:
No person stepped forward to speak.
MOTION BY HEDBERG, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
closed at 8:58 p.m.
Comments:
leMair: Stated he would not be in favor of changing closing hours at this time and favors approving all of
the renewals.
Hedberg: Stated this is routine action and will support all the liquor license renewals.
Millar: Will support.
Haugen: Will support. This is renewal of existing licenses and in order to modify it there would have to be
cause.
Boyles: Noted that there are criteria in the ordinance to provide for grounds for revocation of licensure.
Erickson: Replied that the clarification of the 2 a.m. closing time is not important at this time if the Council
is not in favor of considering it.
leMair: Believes it will be important to know it for the future if changes were wanted.
MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION OS.092 APPROVING LIQ-
UOR LICENSE RENEWALS FOR 2008-2009.
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VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Consider Approval of the Issuance of an On Sale Intoxicating and Sunday Liquor License for
Basement Bar and Grill
City Manager Boyles reviewed the application process for the requested liquor license and reported that
Basement Bar and Grill appeared to meet the criteria.
Comments:
leMair: Asked who the owner of the building is.
Boyles: Invited Steve Higgins to respond to the question.
Higgins: Replied that Steve McKenna is the owner and he (Higgins) is the manager.
leMair: Asked for the name of the business.
Higgins: Basement Holdings, LLC.
MOTION BY MILLAR, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
opened at 9 p.m.
Comments:
No person stepped forward to speak.
MOTION BY HEDBERG, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
closed at 9:01 p.m.
Comments:
Erickson: Asked about special events and ways they have handled them in other locations.
Higgins: At a particular event, they notified residents within a five-mile radius of the event and offered
them a free night's stay at Mystic Lake if they wanted to be out of the area.
Erickson: Queried how outdoor smoking would be handled.
Higgins: Replied it will be limited to a gated facility in front of the building and that outside activity will be
handled by cameras and security personnel that walk the perimeter of the lot.
LeMair: Stated that the inside of the building looks nice and it will be nice to see outside fa((ade painted.
Wished them well.
Hedberg: Stated he is delighted to see a business in that location and hopes they are successful.
Millar: Believes it will be a fine establishment. Commented that even though it is not located in a residen-
tial neighborhood, the Keystone facility is nearby and it is important to know what your patrons are doing
after they leave the building.
Haugen: Stated the inspections were positive and he appreciates the focus on proactive communication
and on security cameras outside the building.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE ON SALE INTOXICATING AND
SUNDAY LIQUOR LICENSES FOR BASEMENT BAR & GRILL.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
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OLD BUSINESS
Consider Approval of a Resolution Approving the Arcadia / CR 21 and Main / TH 13/ CR 44lntersec-
tion Feasibility Studies.
Public Works Director Albrecht described the project and reviewed designs of the Arcadia / CR 21 inter-
section. Stated that preliminary approval of the feasibility study would allow for application of County fund-
ing this summer. Projected a cost of $2.75 million with the City portion consisting of approximately $2 mil-
lion. Explained that the project has been approved in the City's transportation plan and the design and ac-
quisition of right of way would begin in 2009.
Comments:
Hedberg: Asked the anticipated date of project completion.
Albrecht: The 2011 construction season.
Hedberg: Believes neighborhood involvement is important since this project is being accelerated from the
time frame they thought change would be coming. Will support.
Millar: Commented that the project has been reviewed several times and though this is the preferred de-
sign that has come out of the feasibility study, it is not the final design. Noted that the $2.2 million budget is
an estimate that will like increase with acquisition of right of way. Will support.
Erickson: Clarified that the CR 21 extension is planned for 2010.
Albrecht: Replied that the County plans to start grading in 2009, with the Shakopee end of it projected for
2010 and the Prior Lake end finishing in late 2011 or early 2012. An advantage of designing this project
early is that it can be timed for the best cost and traffic plan through the Prior Lake area during construction
of the CR 21 extension.
Erickson: Commented it would be good if this project could be completed by the time the County's CR 21
project begins which will increase the amount of traffic. Stated the project is necessary to develop down-
town and will support.
leMair: Concurred with Erickson's comments that it will be good to complete this project before CR 21
goes through to Hwy 169. Will support.
Haugen: Will support.
Public Works Director Albrecht described the Main / TH 13/ CR 44 intersection. Stated that it could be
two separate projects to take care of the City's half of intersection and allow the County to take care of CR
44 access issues in their own time. Projected a cost of $2.2 million with the City's portion at $1.75 million.
Explained that this project is a good candidate for cooperative dollars from the State and if such monies are
received, it would reduce the City portion of the cost.
Comments:
leMair: Stated he likes many things about this design and it will clean up the intersection. Not sure a road
into the park is needed at that site. Will support.
Erickson: Agreed this project will improve the intersection. Questioned including the logo medallion and
asked if it is planned to be concrete.
Albrecht: Affirmed and noted that this is a conceptual plan and not approval of the final plan.
Erickson: Stated that if the concrete medallion were of much cost he would question the value of adding it
to the design. Believes the entrance to the park should be included. Will support.
Millar: Asked if asphalt is becoming as expensive as concrete.
Albrecht: Replied that it would probably be a concrete intersection as the cost is becoming about the
same between concrete and asphalt.
Millar: Noted this is a tough intersection to use right now. Will support.
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Hedberg: Commented that he likes the trail system and road crossing in this design and questioned if the
option of a future entrance into the park would lead only to the farm site.
Albrecht: Affirmed saying the main entrance to Lakefront Park will still be the one to the south.
Hedberg: Supports the proposed resolution stating this needs to be done.
Haugen: Will support.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 08.093 APPROVING THE
ARCADIA / CR 21 AND MAIN / TH 13/ CR 44 INTERSECTION PROJECT FEASIBILITY STUDIES.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Consider Approval of an Ordinance Amending Section 605 of the City Code to Include Provisions
for Securing Vacant and Unoccupied Buildings.
Building and Transportation Services Director Kansier described the proposed ordinance noting that it
is consistent with State Statute.
Comments:
Hedberg: Stated the proposed ordinance has been crafted appropriately with safeguards and criteria. City
should be cautious about securing unoccupied and dangerous buildings, but there is also a public need to
have the right to do it and do it in a way that is fair. Criteria are that the building has to be vacant, unoccu-
pied, hazardous, and could be made safe by securing it. Will support.
leMair: Will support. Believes it is especially important now when more homes are being abandoned.
Noted that during the last week he received a call about a house that was abandoned and the caller won-
dered what could be done about it. This is a good start.
Millar: Concurred with previous comments and noted that it is important to respect the individual property
owners and balance it with the safety of the community. Believes this is a good ordinance that should help
keep the City safe.
Erickson: Asked if it applied to both residential and commercial buildings.
Kansier: Affirmed.
Erickson: Noted there have been some commercial buildings that were vacated. There are reasons why
homes and buildings are vacant and the fact that this ordinance requires Council resolution to declare a
building abandoned and unsafe allows separation between buildings that should be acted upon and those
that should not.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE ORDINANCE 10S.03 AMENDING
SECTION 605 OF THE CITY CODE TO INCLUDE PROVISIONS FOR SECURING VACANT AND UNOC-
CUPIED BUILDINGS IN BOTH EMERGENCY AND NON-EMERGENCY SITUATIONS.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Consider Approval of a Report Considering Best Management Practices (BMP) to Mitigate Impervi.
ous Surfaces
Community Development and Natural Resources Director Walthers.Moore introduced the topic and
Planner Matzke reviewed the history and current impervious surface ordinance. Water Resources Engi.
neer Bintner reviewed best management practices for impervious surface and noted that if the City desires
to make changes to shoreland practices, it would require DNR approval. Displayed shoreland areas where
30% maximum of impervious surface applies. Explained detriments of hard surfaces and pointed out that
there is maintenance for every best management practice. Gave examples of Best Management Practices
that could mitigate detriments such as pervious surfaces, green roofs, rain gardens, buffer zones and
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June 16, 2008
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boulevard trees and explained that a challenge would be to determine how to maintain the Best Manage-
ment Practices forever, perform design reviews or verify construction so that the level of service promised
would actually be put in place and maintained. The Lakes Advisory Committee and Planning Commission
both discussed this topic and determined that if the goal is to promote water quality Best Management
Practices, there would be more efficient methods than those proposed with a request to increase impervi-
ous surface percentages. Planner Matzke concurred that a program to mitigate impervious surfaces could
be developed but development and implementation of a program as well as monitoring the program would
require significant staff time and effort as such a program would probably be greatly used.
Comments:
Erickson: Asked if current ordinance gave allowance for a green roof or rain garden.
Bintner: Responded that none of the Best Management Practices are prohibited, but there is no mecha-
nism for giving credit for them.
Erickson: Believes some of the described Best Management Practices seem reasonable, but the amount
of maintenance required on an annual basis would be too hard to monitor. Asked if there would be a way
to place an annually assessed fee for inspection to cover the City's costs.
Albrecht: Responded that some of the responsibility could be placed on the property owner to submit re-
porting. Believes the issue would be how to encourage reporting and how to enforce it.
Erickson: Suggested an annual fee that the City would assess.
Albrecht: Replied he is unaware of the existence of a program like that and believes it would be a financial
burden to assess a property into perpetuity.
Erickson: Asked the City Attorney if there is any way to set up an assessment that goes into perpetuity.
Girouard: Replied it could not be an assessment as there are statutory requirements for tax assessments
against property which do not apply here. Commented there might be an ongoing permitting fee, but staff
time would still be required to follow-up on fee collection and inspections.
Erickson: Would favor green roofs and rain gardens but would not support incurring expenses to the City
for inspections and would want the financial burden to be on the property owner, rather than the City.
Millar: Asked how it would be viewed by the DNR if the City considered Best Management Practices in
light of the fact that Prior Lake is already one of the few cities that allows a 30% impervious surface rather
than 25%.
Matzke: Replied they have received mixed signals from the DNR although they have offered to look at
suggestions the City gives them.
Millar: Commented that the Planning Commission expressed extreme reservation regarding this and be-
lieves it would be a significant cost to the City to manage it.
Bintner: Agreed there would be significant time involved.
Millar: Commented that it seems there is not confidence that these are good solutions and there would
likely be a large increase in the requests for CUPs. Reluctant to support this at this time.
leMair: Stated he has mixed feelings as he likes the idea of being on the cutting edge of technology and
considering things that give us options. Believes technology and building practices can change so quickly
that one has to keep an open mind. Need to also consider financial implications and new ideas should
have a price tag and conversation about how it would be paid for. Believes this is a process that is avail-
able and there is a way that this could be done.
Hedberg: Stated it appears the Lake Advisory Committee and Planning Commission both believe this is
too arduous to do. This is a lake community and taking care of the water is important and a theme that
runs through the 2030 Vision and Strategic Plan. Trying to change land use ordinances seems like the
wrong approach at this stage of the game. Hopes that staff, the Lakes Advisory Committee and Planning
Commission will think about what else can be done to incent the use of rain gardens, shoreland restora-
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June 16. 2008
DRAFT
tions and other creative and innovative ways to get residents to think of ways to take care of water re-
sources.
Haugen: Commented that he also had interaction with several members of the Lake Advisory Committee
and Planning Commission and it is apparent that there is no support for this. Questioned being able to put
together an agreement with present and future homeowners for ongoing maintenance and inspections.
LeMair: Suggested it would be like buying a home in an association and making those agreements.
Haugen: Believes the intent is good, but the timing is not. Impervious surface allowance in Prior Lake is
already 5% beyond the DNR recommendation for impervious surface. The City has been consistent with
impervious surface and should continue that.
Erickson: Stated that the rain garden or green roofs could be effective if there is a good way to enforce
inspection and funding of that.
Boyles: Reviewed the options for action.
Hedberg: Suggested a motion be made to maintain the current impervious surface ordinance and close
the issue at this time.
Millar: Encouraged staff to come up with new ways to keep up the water quality and report back to the
Council on a periodic basis about what they find.
Hedberg: Would accept that as an amendment but stated that it seems that the way water quality is
looked at is broader than incenting the use of Best Management Practices and different from whether use
of Best Management Practices should be in the zoning ordinance. There are different ways to get at the
same issue, but the broader issue of water quality management and incenting the use of BMPs is different
than changing our zoning ordinance.
Moore: Commented that during the next year, in line with the 2030 Vision and Strategic Plan, staff will be
looking at green ordinance updates and the City can consider incorporating best management practices
where it is appropriate and in context with that code update.
MOTION BY HEDBERG, SECONDED BY MILLAR TO MAINTAIN THE CURRENT IMPERVIOUS SUR-
FACE ORDINANCE AND DIRECT STAFF TO INCORPORATE WATER QUALITY BEST MANAGEMENT
PRACTICES WHERE APPROPRIATE IN THE CODE UPDATE DURING 2009.
Erickson: Asked if an amendment could be made to direct the City Attorney to look at ways of implement-
ing future inspection fees.
Hedberg: Believes it is not germane to this motion because the Council is not changing ordinance.
leMair: Suggested that the information could be provided to Erickson without being put into this motion.
Stated he would not have been in favor of this motion until Walthers-Moore suggested alternatives of con-
sidering in context of ordinance updates. Believes it is important to be forward thinking and to take advan-
tage of opportunities that are out there and use a systematic process to incorporate them.
Haugen: Added that in recent realignment of personnel, natural resources was included into the responsi-
bilities of a department head which is consistent with our direction of looking at creative solutions for water
quality.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution Authorizing the Purchase of:
1. One 2008 Holder Four.Wheel Drive Articulating Machine and One 2008 Hydraulic Broom.
2. One 2008 aO.inch Aero Vater Seeder
3. One 200a 55.inch Stocker Tree Spade
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June 16, 2008
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Parks and Fleet Supervisor Friedges described uses and justification of proposed purchases. Noted the
tree spade was not in the equipment matrix 2008 replacement but it is worn out and needs to be moved up
in the matrix. Explained that all proposed purchases for 2008 allowed expenditures to remain $10,000 be-
low budget.
Comments:
Hedberg: Expressed appreciation for the process of evaluating the equipment as it provides confidence
that staff is only recommending purchase of the equipment only when it is the right thing to do. Will sup-
port.
Millar: Asked what the life expectancy would be if the repairs were done on the sidewalk plow.
Friedges: Replied it is hard to estimate because the report reflects repairs that need to be done right now,
but it is unknown what other elements may soon break down
Millar: Commented that snow removal is one of the basic things that residents have come to rely upon and
expect from the City.
Erickson: Referred to the cost of snow removal and asked if the plow reflected State pricing or manufac-
turers suggested retail price.
Friedges: State pricing.
Erickson: Will support.
leMair: Asked if the tree spade purchase was a 1998 model.
Friedges: Replied that it is a 2008 and clarified age of the trade-in equipment.
leMair: Asked what year it was budgeted for.
Friedges: 2017.
Albrecht: Commented that when developing the matrix, the life expectancy of the tree spade was ex-
tended 30 years from the model date, but staff has since determined that it is worn out.
leMair: Suggested that it could be refurbished and sold on the open market.
Haugen: Commented that it was good to fit the purchase into the overall budget.
MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08-094 AUTHORIZING
THE PURCHASE OF:
. ONE 2008 HOLDER FOUR-WHEEL DRIVE ARTICULATING MACHINE AND ONE 2008 HYDRAULIC
BROOM.
. ONE 2008 80-INCH AERO VATER SEEDER
. ONE 2008 65-INCH STOCKER TREE SPADE
AND THE TRADE IN OF:
. ONE 1998 HOLDER FOUR WHEEL DRIVE ARTICULATING SIDEWALK/TRAIL MACHINE AND ONE
1998 HYDRAULIC BROOM
. ONE 1984 GRASS SEEDER.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Consider Approval of an Ordinance Amending Chapter 307 of the Prior lake City Code, Outdoor
Event Ordinance, by Adding a New Section 307.302 Permitting Limited Outdoor Entertainment at
Restaurants with a Liquor License.
Mayor Haugen suggested this agenda item be postponed to next meeting due to lateness of the hour and
the relationship to the earlier discussion of the many items that Captain Jack's and neighbors are working
on. Would be interested in seeing the suggestion of the neighbors and owners with reference to this poten-
tial ordinance change.
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MOTION BY MILLAR, SECONDED BY LEMAIR TO POSTPONE THIS AGENDA ITEM TO THE NEXT
MEETING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
OTHER
SCALE Report
Mayor Haugen informed the Council that SCALE conducted a long-range planning meeting facilitated by
Carl Neu on June 13. Stated they looked at a long-term vision of coordination and partnership efforts.
Community Events
leMair: National Night Out is August 5. Encouraged neighborhoods to participate.
Hedberg: The Parks Department is conducting a program for buckthom removal on June 19 and June 21.
Encouraged anyone who has buckthorn in their lot to learn how to get rid of it.
Millar: Thanked all the divers who participated in the Dive the lake event last weekend.
Haugen: Named four residents who recently received the Girl Scout's Gold Award, and five who received
the Boy Scout's Eagle Scout status.
Erickson: Noted Dan Patch Days would be held in Savage the coming weekend.
ADJOURNMENT
A motion was made by Millar and seconded by LeMair to adjourn the meeting. With all in favor, the meet-
ing was adjourned at 10:50 p.m.
Frank Boyles, City Manager
Charlotte Green, Administrative Assistant
16