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HomeMy WebLinkAboutDraft December 15, 2008 Minutes City Council Meeting Minutes December 15,2008 DRAFT CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Girouard, Finance Director Erickson, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Police Chief O'Rourke, Building and Transportation Services Director Kansier, Commu- nity Development/Natural Resources Director Parr, Planner Matzke, Assistant City Manager Meyer, Com- munications 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 on any subject that is of community interest, provides information required by the Council to complete its du- ties or is provided by agencies representing citizens of Prior Lake. The Public Forum will be no longer than 30 minutes in length and each speaker will have no more than ten minutes to speak. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: Rep Mike Beard presented sesquicentennial editions of the legislative manual to the Council. APPROVAL OF AGENDA Mayor Haugen announced that the public hearing regarding a social host ordinance would be moved for- ward to follow the consent agenda in order to accommodate the schedules of people wanting to give input on the topic. MOTION BY ERICKSON, SECONDED BY MILLAR 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 HEDBERG TO APPROVE THE DECEMBER 1, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. 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 08.155 Electing the Non-Waiver of Statutory Municipal Tort li- ability Limits and Declining Excess Liability Insurance Coverage. G. Consider Approval of Resolution 08.156 Accepting Feasibility Report and Scheduling a Public Hearing to Consider the Maple Glen 2nd Addition Improvements. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes December 15, 2008 DRAFT H. Consider Approval of Resolution 08-157 Authorizing the Purchase of Two (2) 2009 Ford Crown Victoria Police Interceptors and One (1) Dodge Charger Through the State Cooperative Purchasing Program. I. Approval of Resolution 08-158 Authorizing the Purchase of a ManholeNalve Cutter Extractor. J. Consider Approval of Body Art License Renewals for Jerome Deleon And Derek Winski. K. Consider Approval of 2009 Cigarette License Renewals. L. Consider Approval of 2009 Renewal Massage Therapy Licenses. M. Consider Approval of Resolution 08-159 Waiving Platting Requirements for the Subdivision of Property Located at 5290 Credit River Road (Snell Property). MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Public Hearina Public Hearing to Consider Approval of an Ordinance Adopting Responsibilities for Hosts of Social Events Involving Minors. City Manager Boyles spoke of how the Safe and Healthy Communities Vision Element was added to the 2030 Vision and Strategic Plan and the Community Safety Task Force that was established to identify the issues for the City to work on. Explained that the Council received the Task Force report and subsequently established the Community Safety Task Force Committee which is recommending adoption of a social host ordinance. Police Chief O'Rourke described existing statutes that are used to enforce underage con- sumption and the proposed ordinance. Explained the terminology of "reasonable man," "juvenile," and "parents patria." Believes that the ordinance serves the interests of protecting the underage person. Community Safety Advisory Committee Chair Spitzmueller stated that the proposed ordinance has broad community support and fulfills some of the objectives provided to the Committee by the City. Intro- duced committee members Gertner, Jader and Alcorn who were in attendance, noting that member Hadley was unable to attend this meeting. Spitzmueller spoke of local and national research on the topic of under- age alcohol consumption stating that statistics show those who use at a younger age are more likely to be involved in situations that increase their chances of injury. Noted that the ordinance is not intended to im- pinge upon parental rights, but to keep impaired, underage drivers off the streets. Hopes social host ordi- nance will also be considered by the County and the State. Police Chief O'Rourke share statistics of cita- tions in the City for underage consumption. Comments: Millar: Stated he has received emails regarding this issue generally indicating they were against the social host ordinance believing it takes away personal liberties. Asked O'Rourke how the proposed ordinance differs from existing law and how it can enhance holding people accountable. O'Rourke: Described current parameters used by police if they are called to an underage consumption event and the limitations of it. Explained that the proposed ordinance does not impinge on a parent's right to allow their own child to drink in their home, but it would prohibit them from providing alcohol to any other underage person. Millar: Asked how it could be proven that an adult at the house is liable if they are not aware of the under- age drinking occurring at another place in the house. O'Rourke: Replied they cannot make the assumption that the host is the parent; it could be an underage child in the house and the underage person could be charged if that is the case. Noted that the proposed ordinance reflected an understanding that parents had some responsibility for knowing what was going on 2 City Council Meeting Minutes December 15,2008 DRAFT in the home. Explained that for an adult host to be charged under existing law, it must be proven that the adult sold, bartered, or provided alcohol to the underage person. Erickson: Asked if the ordinance is intended for under age 18, or for underage drinking. O'Rourke: Replied that it would apply to both. Erickson: Asked if a juvenile has a party and the parents are not home, would the juvenile be held re- sponsible or the parents. O'Rourke: Replied that unless the parents have knowledge of the event or should have reasonable have known about the event, they would not be held responsible. MOTION BY HEDBERG, 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 6:45 p.m. Comments: Scott County Attorney Ciliberto, 248 Apple Blossom, Shakopee, stated the action here tonight affects more than just Prior Lake. Believes it is a mistake to wait for the State to take action on adopting a social host ordinance and people locally know and can protect their community. Noted that Chief O'Rourke brought this topic before all of the county police chiefs and that group decided to wait for State action. Be- lieves the State will not be acting on it. Commented that the statistics given for Prior Lake are just tip of the iceberg for problems with children under 18 in Scott County. Stated that Scott County juvenile system of- fenses, more than 2,000 in 2008, involve drugs and alcohol more than 23 percent of the time. Hopes that if Prior Lake enacts ordinance, other cities will do the same as it is a safety issue in Scott County. Reviewed how the ordinance can help police and deputies. Believes the proposed ordinance is written based upon what a reasonable person would do. Scott County Sheriff Studnicka stated he would like to see the ordinance go forward and would like to see all cities and counties adopt a similar ordinance. Noted that existing law changed to under age con- sumption rather than minor consumption to incorporate the 18-21 year olds. Scott County Commissioner Marschall, 6701 Rustic Road, expressed pleasure at the opportunity to hear public comment on the issue. Stated that the County Board of Commissioners does not have an official opinion on the topic, but she is personally trying to learn as much as she can about the topic. Believes more research and discussion must be undertaken before such ordinance is adopted county-wide; and pre- fers the State to take the lead on it. Believes such ordinance would be a good topic of discussion for SCALE and State legislators. 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 7:02 p.m. Comments: Hedberg: Thanked the Community Safety Advisory Committee (CSAC) for highlighting the key issues sur- rounding protecting kids from drug and alcohol abuse. Noted that the topic of a social host ordinance first reached the Council agenda a year ago and was put off for more work. Law enforcement representatives highlighted the gap in enforcement. Believes there is clear public benefit to be realized from having a so- cial host ordinance in place; but there are important civil liberties issues involved also and this ordinance is asking people to give up certain rights to privacy in exchange for public benefit. Believes that public benefit should be implemented on the broadest base possible and the ordinance should be taken up at county- wide and state-wide levels. 3 City Council Meeting Minutes December 15, 2008 DRAFT LeMair: Favors limiting access to alcohol for minors and noted that the ordinance refers to under the age of 21. Spoke of the opportunities for obtaining alcohol under age 21 and difficulties of those near the age of 21. Stated his concern is not about Prior Lake kids relocating to neighboring towns, but rather to the more rural township locations. Believes there would have to be a lot of education about the new ordinance. Supports the proposed ordinance; but would like it to be just for under age 18. Erickson: Agreed that SCALE or Scott County should be in the lead. Queried how ordinance would be enforced in various scenarios. O'Rourke: Replied to the queries about enforcement on private property vs. public property and that en- forcement on the water would be done by the DNR or Sheriff's Department. Erickson: Stated he supports the proposed ordinance, but questions details about enforcement. Millar: Asked County Attorney Ciliberto if people would be giving up any rights to privacy if this ordinance is adopted. Ciliberto: Replied that it would not be giving up rights to do as we wish with one's own children; and added that even now it is not a right to allow other people's kids to get drunk in one's house. Does not know what rights a person would be giving up. Ordinance is geared to the people who are adversely affect- ing the public safety of the community. Noted that even if the County enacted the social host ordinance - it would not bind the City of Prior Lake unless it was adopted by the City. Understands the fear of people los- ing their civil liberties, but explained that law enforcement is dealing with the parents and other adults who allow under age drinking to go on. Millar: Agrees with the social host ordinance stating it is important to do whatever we can to limit underage drinking. Believes the concerns about losing civil liberties are more of a fear than an actuality. Suggested an initial trial period might be good. Haugen: Commented that the proposed ordinance was brought to the Council over a year ago and it was deferred to the CSAC. During that time period, the concept of the ordinance was brought to SCALE twice. Questioned the intent of the law - and stated that it is to protect people. This ordinance is not designed to protect the parent, but rather the kids. Discussion has focused on the punitive side of the ordinance, but the public benefit side of the discussion is the safety of kids. Current law does not give anyone the right to give alcohol to other people's kids. This ordinance would state it is against the law to provide an environ- ment for underage kids to drink. If the City thinks it is the right thing to do, it needs to provide the leader- ship rather than wait for surrounding entities to pass similar ordinance. With commitment of the Council as a group, it could influence the broader community. Believes there are enough reasons to go forward even with element of risk and fear of change. MOTION BY HEDBERG, SECONDED BY MILLAR TO ADOPT ORDINANCE 108.08 CREATING SUBSECTION 803.1200 OF THE PRIOR LAKE CITY CODE RELATING TO THE LIABILITY OF SOCIAL HOSTS FOR PERMITTING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER THE AGE OF TWENTY-ONE. Erickson: Proposed an amendment to change the language to "under the legal age of drinking" in case the state law ever changes. Hedberg: Accepted the amendment. Erickson: Queried how the ordinance would be enforced with people in boats on the lakes. Ciliberto: Replied that the DNR and Sheriffs Department enforce the ordinance of Prior Lake. Hedberg: Will support the ordinance. Stated there is no question of the public benefit and the gap that exists with current ordinances, but expressed reservations and will ask for a one year review of the en- forcement record and whether SCALE has taken action on the topic. 4 City Council Meeting Minutes December 15. 2008 DRAFT Haugen: Believes the proposed amendment should not be added to keep the ordinance consistent with the other cities that have adopted it. It clearly identifies the age limit. Asked if there is a second to the amendment. Motion on the amendment died for lack of a second. Millar: Agreed there should be a review in a year. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. RECESS Mayor Haugen called a recess at 7:48 p.m. RECONVENE The meeting reconvened at 7:59 p.m. PRESENTATION Communication Report - Newsletters, Marketing and Advertising. Communications Coordinator Peterson provided a report on City communications speaking of guiding principals. Listed the publications the City distributes and explained the media relations the City is in- volved with such as columns and articles. Described the advertising the City participates in such as booster magazines, transit ads and signage. Noted that public relations include co-sponsorships of com- munity events and communications support for local non-profit entities. Comments: LeMair: Stated that the information exchanged benefits the community greatly. Asked if there is a stan- dard of what is allowed for linkages on the City's Website. Peterson: Replied that it must be a non-profit organization. Erickson: Asked about emergency notifications. Peterson: Replied that the Wavelength goes out to 9,000 people, but is not useful for an emergency con- tact. Available venues for emergency information notification are the emaillist and cable TV channel. On- going efforts to increase the list of resident em ails will increase the ability to get emergency news out and could eventually replace the Wavelength as a means of sharing information. Millar: Stated this is a good reminder to residents to share their email address with the City as that is the quickest way to disseminate emergency information. Noted that Web streaming might be helpful in the fu- ture for those who do not have cable. Hedberg: One of the objectives for the Community Advisory Safety Committee is establishing a communi- cations plan to inform and educate about various community safety issues. Commented that Communica- tions Coordinator Peterson may be asked to attend a meeting to inform the Committee about how his ser- vices can be used to accomplish that objective. Haugen: Noted that the essence of the social host ordinance could be sent out to make people aware of their responsibility with reference to alcohol for underage drinkers. Asked how many press releases are sent out in a given month. Peterson: Replied there are two formal press releases on average, but the media is contacted weekly with news that is going on in the City. MOTION BY HEDBERG, SECONDED BY LEMAIR APPROVING THE PRESENTATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. 5 City Council Meeting Minutes December 15, 2008 DRAFT Discussion of a Concept Plan for Development of a Portion of the Klingberg and Staber Properties. Planner Matzke described the property and indicated the site is zoned C-3, Specialty Business. The con- cept plan is for a 51-unit, three-story senior cooperative building with no retail or office space included. De- scribed considerations the staff has given to concept plans. Introduced Brad Bass of Bradford Develop. ment who spoke of pricing and financing through HUD, which allows communities to have cooperative housing for seniors. JSSH Architect representative Roger Johnson noted they have no interest in a commercial component to the project and the wetlands on the property would be a detriment to commercial uses. Proposed that drainage issues could be resolved with rain gardens and ponding. Noted the coop would include an exercise area, commons area, workshop, etc. Comments: Erickson: Asked about the price range and an explanation of the cooperative. Bass: Replied that the building itself holds the mortgage. Each person buys a share and makes a monthly payment which would include most of the monthly costs. The concept allows people to sell their home, have a place to live, maintain some equity, and have the balance of their monies for other expenses. Noted this is not low-income housing, but there are requirements to meet to be able to live there. Antici- pated costs of a share in the cooperative would be around $50,000 for a 900 square-foot unit with a monthly payment of $990. Cost increases are limited to one percent per year so it caps the monthly pay- ment rate for seniors helping them project costs for their future. Erickson: Commented that senior housing could help retail business as seniors attract visitors. Asked how parking would be managed. Bass: Replied that the parking lot will be private property owned by the coop. Johnson: Noted there is potential for the parking lot to be designed for the back of the property. Referred to the adjacent property and that grading could not be done on that property without permission from that landowner. Erickson: Clarified that no funding is being requested from the City. Bass: Responded that HUD would be the entity which would hold the 40-year mortgage on the property and no request for financing is anticipated. Noted that the cooperative will provide some property tax for the City. LeMair: Asked if the whole property is one lot. Bass: Replied that it is five lots and the proposed cooperative would use three of the lots. LeMair: Stated he liked the idea of having commercial property on this site, but understands the logistics. Agreed that seniors bring visitors to the community and believes this cooperative would be positive on this site. Asked at what point the developer would commit to the project. Bass: Described himself as a sponsor and rather than owning it, receives a fee that is set by the afforda- bility of the project. Approximately 40 percent of the units would need to be presold before starting con- struction. LeMair: Asked if units are being sold now. Bass: Replied they would start with workshops that educate seniors on how it works using the Senior Co- operative Foundation. Explained that the cooperative sells the opportunity to stay in the community and allows the seniors to continue to go to their church, bank, etc. Hedberg: Commented that the proposal is an attractive development and the remaining two lots could provide enough room for retail development. Asked if any sort of walking trail or gardens around the pond- ing are envisioned. Johnson: Affirmed. Hedberg: Asked if the wetlands would allow for walking trails around them. 6 City Council Meeting Minutes December 15,2008 DRAFT Poppler: Replied there is no wetland delineation at this time, but a pedestrian trail would be wanted in that area. Hedberg: Urged developers to pursue the idea and believes it would be good use of this particular parcel. Millar: Asked how the cooperative would work. Bass: Replied that after the initial payment, the monthly payment would go toward the overall mortgage, taxes, etc. Millar: Asked if the owner would get deductions for the interest paid on the mortgage. Bass: Replied that the owner has all the benefits of homeownership, but does not have to hold the mort- gage for the entire building. Noted that the owner's share can be sold when different living arrangements are needed. Haugen: Agreed it looks like a good project and will blend with future plans for CR 21 and Arcadia. En- couraged Bass to move forward. Update on Financial Condition of State Representative Mike Beard spoke of the possible impact to the City caused by the financial situation of the State. PUBLIC HEARING Public Hearing to Consider Approval of a Resolution Ordering the 2009 Improvement Project and Preparation of Plans and Specifications (Brooksville Hills Phase II). Assistant City Engineer Poppler informed the Council that information about the project was sent to the impacted properties and that neighborhood meetings have been held. Shared concerns expressed by people who attended the neighborhood meeting about the cost of the assessments, their approval of side- walks along Franklin Trail up to CR 44 and interest in the driveway, urban reforestation and rain garden programs. Stated that residents expressed concern about tree removal for the retention swale by Grain- wood Elementary and that street width reduction might cause a turning problem. 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 9:10 p.m. Comments: Poppler: Indicated he spoke with two residents who were unable to stay for the public hearing. One resi- dent expressed concern about the ability to make turns at an intersection with narrower streets. Another resident wrote a letter requesting the Council to approve the project with the sidewalks on both sides of Franklin Trail and the driveway, reforestation and rain garden programs. MOTION BY HEDBERG, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing closed at 9:13 p.m. Comments: LeMair: Favors the sidewalks. Asked if making the road narrower allows space for the sidewalk. Poppler: Replied that Franklin Trail is not planned to be a narrower roadway. LeMair: Asked if making the other streets narrower causes any problems with parking. Poppler: Replied that the concern expressed was primarily with intersections, particularly off of Franklin Trail. Hedberg: Asked what alternatives there would be to mitigate a turning problem. Poppler: Replied that "no parking from here to corner" signs could be installed. 7 City Council Meeting Minutes December 15, 2008 DRAFT Hedberg: Asked if that would leave adequate on-street parking for the neighborhood. Poppler: Replied that the restriction would only be for a 50- or 100-foot distance from Franklin Trail. Hedberg: Asked how many homes are included with the project. Poppler: Replied that 57 homes are included and about a third of the residents showed up for the neighborhood meeting. Hedberg: Stated he was pleased to hear about the number of people who are interested in the driveway, reforestation and rain garden programs. Millar: Encouraged residents to consider either the urban reforestation or rain garden programs. Erickson: Will support. Haugen: Agreed that he was pleased to see the interest expressed in the tree and rain garden programs and the residents who had turned out in support of the project. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08.160 ORDERING 2009 IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MAN DAN AVENUE, FRANKLIN CIRCLE, SUMMER STREET, FRANKLIN TRAIL, ROBINSON CIRCLE AND ITASCA AVENUE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval Of a Resolution Accepting the County Road 17 J Trunk Highway 13 Corridor Study and Recommendations. Assistant City Engineer Poppler described the study for the 18-mile segment of the corridor. Introduced SEH representative Mike Kotila and Scott County representative Greg IIIka. Kotila explained the pur- pose of the study, the participants and the process. Spoke of safety, congestion, access and local circula- tion and the supporting roadway system as it applies to Prior Lake. Explained the recommendations of the study for future management of the roadway. Comments: Hedberg: Stated this is an important study and is glad the County is looking ahead. Asked if the curves along CR 17 north of the CR 282 intersection are consistent with freeway design. Kotila: Replied that design is for 60 mph speed. An ideal freeway corridor might be further west, which is outside the purposes of this study. Hedberg: Stated he has seen cases where interchanges are designed and out of date before they are built. Kotila: Replied that the study team struggled with that knowing that a freeway would require significant acquisition of rights of way and explained that the study team is suggesting this as an expressway which can be a mix of interchanges and signals; and the 60 mph goal would satisfy the needs rationalized at this level. Hedberg: Asked if the group had any sense of when a principal arterial classification would take place. Believes there are many implications and if Prior Lake would know if TH 13 would remain a minor arterial and if CR 17 would become the major arterial, it would impact planning that would take place around it. Kotila: Believes if the County is able to implement all recommendations of the study, CR 17 would begin to function as an arterial even if the classification does not change. Believes the plan is aggressive as far as performance and function. IIIka: Concurred stating that arterial classification is an unknown with Met Council policies and funding availability. The study was entered into with the intention of looking at CR 17 as a future principal and to set up management recommendations so it will function as a principal whether or not it is classified as such. 8 City Council Meeting Minutes December 15, 2008 DRAFT Hedberg: Stated that shifting the arterial roadways is important for the planning of Prior Lake. Will sup- port. LeMair: Will support. Believes this planning opens many avenues for future developments. Asked what kind of funding opportunities are going to be available. IIIka: Replied the only segment programmed is from CR 42 north to St. Francis Hospital. Believes it is realistic to consider the remainder of CR 17 to CR 282 will come to fruition by 2030 given today's re- sources, the growth foreseen in traffic and how projects are prioritized annually. CR 17 is an important cor- ridor and if traffic volumes increase, the need to do the expansion rises higher on the priority list. Explained that no funding is identified for other than the immediate project, but the study is trying to set up plans to take advantage of future opportunities. Erickson: Proposed a scenario for easUwest travel in the County and asked for comment about it. Kotila: Believes the scenario corresponds with CR 68 and aligns with 190th Street which is one of the sup- porting roadway network alignments shown as a full access point on TH 13 in the future. Erickson: Asked if the area east of the TH 13 and CR 282 intersection is being reserved so it can be available for roadway. Kotila: Replied that this study may be the first document that indicates the corridor should be planned and there is no direct recommendation for that intersection other than showing it on the plan. Erickson: Believes an easUwest corridor should be planned to allow the 282 intersection to be a major commercial intersection and sponsor growth in Prior Lake. Millar: Agreed this is an important study. Will support. Hopes there will be relief from the current traffic congestion on TH 13 as well as CR 21. Haugen: Commented that the projected timeframe of 2030 will bring this on the heels of the annexation agreement. Noted this is one piece of the north/ south corridor and does not deal with the other numerous roadway projects in the County. IIIka: Expressed appreciation for the efforts of Kansier and Poppler on the project. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08.162 ACCEPTING THE SCOTT COUNTY ROAD 17 /TRUNK HIGHWAY 13 CORRIDOR STUDY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval Of A Resolution Accepting the County Road 42 Corridor Study and Recommen. dations. Public Works Director Albrecht introduced Scott County Representative Jensen. Described the CR 42 corridor plan for the segment from CR 21 to Greenway Avenue. Stated that no date is set for the proposed improvements, but planning will allow for acquisition of right-of-way, intersections and other amenities that will be desired from developers. Expects that by 2030, traffic levels will be similar to the current levels us- ing CR 42 by the Burnsville Mall. Comments: Erickson: Asked about an estimated timeline for completion of the project. Albrecht: Replied the work is anticipated between 2025 and 2030. Jensen: Added that the study laid out forecast volumes which are currently projected for 2030, but those traffic volumes could occur either earlier or later. Erickson: Asked if the City will have good access to Pike Lake Park. Albrecht: Replied that the primary easUwest intersection will tie in the YMCA and the Pike Lake Park and there will probably be a neighborhood component on the east side also. The current access will not be suitable for future access. Erickson: Asked about access to Ferndale. 9 City Council Meeting Minutes December 15, 2008 DRAFT Albrecht: Indicated that had not yet been determined and noted that the Bolger property is heavily wooded and has wetland so development will be sensitive to that. Erickson: Asked if frontage roads will be used to allow people to get to and from intersections. Albrecht: Replied that there may be a parallel collector road that runs from CR 18 to Pike Lake. Erickson: Asked if homes along CR 42 will have driveways. Albrecht: Replied that some of them will have no way other than to keep their driveways. They may be targeted for purchase of right-of-way in the future. Jensen: Concurred that some people have indicated they would like to be bought out in the future. Erickson: Commented that those locations may be a target for commercial development. Albrecht: Responded that currently it is targeted as single residential. LeMair: Commented that the study is a great tool for developers so they know how to plan. Disagreed with the plan for CR 21 going to the north. Will accept the report. Hedberg: Commented that this study provides a good long-term framework. Millar: Will support. Haugen: Will support. Believes the report reflects good long-term vision. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 08-163 ACCEPTING THE SCOTT COUNTY, COUNTY ROAD 42 CORRIDOR STUDY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS Consider Approval Of a Resolution Adopting 2009 Prior Lake Budgets and Certifying Final 2009 City of Prior lake Property Tax levy to Scott County Department of Taxation. City Manager Boyles presented a PowerPoint explaining anticipated loss of revenue from the State. Rec- ommended adoption of the budget and tax levy as proposed and reduction of the budget to accommodate the revenue reductions from the State. Comments: Hedberg: Questioned if the City is anticipating revenue cuts because the State will not pay intergovern- mental transfers. Boyles: Affirmed. Hedberg: Clarified that the $226,000 reduction of State revenue will reduce the General Fund to $12,477,000. J. Erickson: Affirmed. Hedberg: Concluded that would mean the City's actual expenditure budget will increase about $50,000 from 2008 to 2009. Stated the tax levy should remain the same since the City will likely lose this State re- venue and possible further revenue reductions could be faced if the State decides it is going to cut other aids to cities. Believes the City needs to preserve its alternatives. Recalled that the reasons that the con- tingency reserve dropped to 40 percent is due to the Pike Lake Park and 800 MHz purchases. Does not support reducing the proposed increase of contingency reserve because that fund should be maintained for a rainy day fund and to retain the City's good bond rating, which allows further savings on interest rates. Millar: Related the history of budget planning stating the preliminary budget was approved September 15; and at the last meeting, the Council asked staff to consider a $200,000 cut to that budget. Since then, the State announced a severe budget cut which will likely result in withholding revenue from the City. The Council anticipates not making the $200,000 cut due to expected revenue cuts from the State. LeMair: Stated that the Council came to the last meeting with a budget to be proud of, but considered it could be cut and gain further benefit to the residents of the City. Expressed disappointment that those cuts cannot be realized due to projected lost revenue from the State. Will support. 10 City Council Meeting Minutes December 15, 2008 DRAFT Erickson: Asked if the loss of Minnesota Value Homestead Credit payments will affect other taxing entities such as the school district or watershed. J. Erickson: Responded that she is not familiar with their budget details. Erickson: Thanked Representative Beard for coming to the meeting and explaining the situation and thanked staff for the steps taken to manage the budget to have little impact to the residents of Prior Lake. Supports keeping the levy the way it was proposed. Haugen: Will support. The budget that was introduced was a solid budget. Believes it was prudent to seek ways to reduce the budget and it is good to adjust to stopgap the shortfall from lost State revenue. Hedberg: Recommended the resolution be revised to reflect the currently proposed General Fund amounts. MOTION BY HEDBERG, SECONDED BY MILLAR RESOLUTION 08.161 ADOPTING 2009 PRIOR LAKE BUDGETS AND CERTIFYING FINAL 2009 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events LeMair: Offered congratulations to wrestlers. Erickson: Happy holidays. Millar: Expressed condolences to the Speiker family. Wished viewers happy holidays. Hedberg: Stated the Dakotah! Ice Center will have Team USA and the Minnesota White Caps playing on Saturday, December 20. Haugen: Announced that Jim Speiker died suddenly Sunday afternoon at his office. Advised of the time of services. Also announced that Dave Unmacht, Scott County Administrator, gave his resignation today to move into the private sector and that outgoing Commissioner Bob Vogel will be completing his second term at the end of the month. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded by Millar. With all in favor, the meeting adjourned at 10:50 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 11