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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 4, 2007 6 p.m. mm~i.!I Hall Work Session 4:30 p.m. Downtown Design Guidelines This meeting is open to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF AUGUST 20, 2007, MEETING MINUTES 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Two Resolutions Accepting Proposals and Awarding the City's Standardized Contract for the 2008 and 2009 Improvement Project Design Survey and Geotechnical Services for the 2009 and 2009 Improvement Projects. C. Consider Approval of a Resolution Authorizing Constructive Ideas to Provide Owner's Representative Services for the Jeffers Pond Interpretive Center Construction Project. 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. Pike Lake Property Grant Status Report. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 8. PUBLIC HEARINGS A. No public hearing is scheduled. 9. OLD BUSINESS A. Consider Approval of a Resolution Approving an Agreement with the Trust for Public Land for the Purchase of 30 Acres to be Known as Pike Lake Park. B. Consider Approval of Resolutions for Industrial Park Sanitary Sewer and Water Easement Agreements. C. Consider Approval of the Senior Center Task Force Report and Recommendations. D. Consider Approval of a Resolution Approving Change Order NO.1 and Final Payment for the Downtown Overhead Utility Burial Project. E. Consider Approval of a Report with Respect to Regulation of Sexual Predators. 10. NEW BUSINESS A. Consider Approval of a Resolution Adopting Proposed 2008 City Budgets and Certifying Preliminary 2008 City of Prior Lake Tax Levy to Scott County Department of Taxation. B. Consider Approval of a Resolution Extending the Deadline for Submitting a Final Planned Unit Development Plan for Summit Preserve. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 12. ADJOURNMENT City Council Meeting Minutes August 20, 2007 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Mayor Haugen, Councilors Erickson, Hedberg, LeMair and Millar, City Manager Boyles, City Attorney Pace, Economic Development Director Snook, Public Works Director/City Engineer Albrecht, As- sistant City Engineer Poppler, Civil Engineer Thongvanh, Parks and Fleet Supervisor Friedges, Planning Director Kansier, 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. The Public Forum will be no longer than 30 minutes in length. Speakers receive a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Joe Lehrer approached the Council stating he is a developer in Deerfield with property that is zoned 1-1 (industrial). Stated a company is interested in using one of the sites for a mini-storage business. Asked if the Council would support allowing such a use with a live-in manager. Kansier: Noted such use of the property would require an amendment to the text of the zoning require- ments that do not currently allow a residential use in industrial zoning. LeMair: Asked if a purchase agreement could be written contingent upon the Council approving an amendment to the zoning ordinance. Believes mini-storage would be an appropriate use for this area and considers it may be better to have a 24-hour employee presence. Kansier: Replied that a basic difference between a 24-hour business and residential is the type of activity that occurs. Noted that it would be a policy decision. Stated that mini-storage is permitted in the district, but that it is the residential use that is holding up the process. LeMair: Stated he is open to looking at the pros and cons. Hedberg: Asked if a Planned Unit Development would be applicable in an 1-1 zone. Kansier: Replied this site is not large enough for a PUD and that it would be hard to prove benefit to the City. Believes it is more appropriate to amend the ordinance. Hedberg: Stated he is open to exploring the implications based on this suggestion. Millar: Concurred he is willing to look at it and his decision would be based on the plan. Erickson: Asked if it would be an employee or the owner of the business that would be living there. Lehrer: Replied it would be an employee and that typically no children were at such sites. Erickson: Stated he would look at it and hold questions until the plan is brought forth. Haugen: Noted that the Council will not take action at this time, but has indicated willingness to look at the plan and review the ordinance. Lehrer: Commented that this kind of business would generate the least amount of activity for this kind of zoning. Stated it would be a clean looking facility and have established hours of operation. Asked if an ordinance amendment would apply city-wide or just to this site. LeMair: Asked what kind of residential unit is planned. Lehrer: Replied it typically would be a couple similar to a Super 8 Motel with a live-in manager. 1 City Council Meeting Minutes August 20, 2007 DRAFT Kansier: Stated that a 24-hour business is permissible now, but not the residential use and that would re- quire an amendment to the text. The amendment would apply to all industrial districts, not just this lot or area so the amendment would have to be appropriate for all industrial districts. Haugen: Clarified that if approved, such an amendment would open all 1-1 zoning for residential usage. Kansier: Replied it could be written to limit to mini-storage usage and then it would apply to all mini- storage in industrial zones. Lehrer: Asked if the area could be reclassified Kansier: Replied it could not be administratively approved. Both a zoning amendment and a reclassifica- tion of zoning area would require a public process. Haugen: Acknowledged the value of going through the process. APPROVAL OF AGENDA Millar: Requested that consideration of placement of previous mayor's photos in city hall be added to the agenda. Haugen: Requested addition of a report regarding a level 3 sexual predator offender; dialogue concerning future budget workshop and direction to staff. MOTION BY HEDBERG, SECONDED BY LEMAIR 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 AUGUST 6, 2007, 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 Reports. F. Consider Approval of a Resolution Authorizing a Special Deer Hunt in Spring Lake Park. Councilor Millar requested removal of item 5F, Consider Approval of a Resolution Authorizing a Special Deer Hunt in Spring Lake Park, from the consent agenda. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Millar: Asked for clarification of why the hunt is proposed and the safety factors involved. Boyles: Reviewed the agenda report giving dates of the proposed hunt and explained that hunters are members of the Metro Bowhunters Resource Base. Explained that the hunt is mostly on County property, that the City ordinance does provide for the hunt, and culling the deer population aids in reduction of car/deer collisions. 2 City Council Meeting Minutes August 20, 2007 DRAFT leMair: Commented about the number of coyotes in the area and expressed concern about the proximity of coyotes to neighborhoods. Believes the City should enact coyote control. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07.150 AUTHORIZING A SPECIAL DEER HUNT IN SPRING LAKE PARK. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY HEDBERG TO HAVE THE CITY MANAGER PREPARE A REPORT, BASED ON WHAT OTHER COMMUNITIES HAVE DONE, FOR OPTIONS TO CONTROL THE COYOTE PROBLEMS. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Oath of Office - Adam Boser and Dan Olson Police Chief O'Rourke described the selection process for new officers that began in March. Introduced Officer Boser and Officer Olson, related their education and experience and administered the oath of of- fice to them. Mayor Haugen presented badges to both officers. National Night Out City Manager Boyles commented on the Safe and Healthy Communities Element of the 2030 Vision and Strategic Plan and stated that National Night Out is a component of meeting that Element. Officer O'Hehir informed the Council of the origins of National Night Out and its purpose of heightening crime and drug abuse awareness. Stated that this year about 20 neighborhoods and several hundred people partici- pated. Comments: Erickson: Commented that he attended several of the events and believes that neighborhoods coming together provide strength. leMair: Thanked everyone who was hospitable to him at the events he attended. Hedberg: Agreed it was great to see the gathering for public safety purposes. National statistic is to have 10% of a community attend a National Night Out. Millar: Noted that it is important for neighbors to know neighbors and be willing to help each other. O'Hehir: Stated that a challenge for Prior Lake is that National Night Out often falls within Lakefront Days. Haugen: Thanked O'Hehir for her leadership and for the participation of the police and fire departments. Hoped that through additional marketing participation will increase. Noted there will be no conflict with Lakefront Days for the next two years. YMCA - Yvonne Anderson YMCA representative Anderson updated the Council on programs opening at Shepherd's Path and de- scribed the amenities that would be going into the YMCA building. She displayed a concept drawing of the facility and spoke of fund raising efforts stating that $300,000 is committed and another $1 million projected. Noted that providing this as a non-profit service allows returns to go back to the community. Stated the YMCA hopes to begin building in spring 2008. Comments: Millar: Stated the YMCA will be a wonderful addition to the City and encouraged everyone to make a do- nation to it. 3 City Council Meeting Minutes August 20, 2007 DRAFT Hedberg: Stated he doesn't believe a private business could provide what the YMCA does with its strong values and range of services that go beyond that of a fitness organization. LeMair: Concurred with previous comments and looks forward to continuing to work with the YMCA and see it come to fruition. Erickson: Impressed with the development of the campus. Noted Safe Haven is having a grand opening in mid-September. Asked how the YMCA's daycare would complement the Shepherd of the Lake's pro- gram. Anderson: Replied the infant and toddler need for licensed child care has not been met in Scott County and the YMCA seeks to provide a non-competitive, collaborative service. Haugen: Suggested the City could display promotional materials. PUBLIC HEARING No public hearings were conducted. OLD BUSINESS Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertise. ment for Bids for Ida Circle Street Sewer and Water Project. Civil Engineer Thongvanh reviewed the history of this project and the public hearings that were con- ducted. Noted that the Assessment Review Committee recommends that reconstruction of the street be assessed to the residents at 40%. Explained the project timeline. Comments: Hedberg: Explained that the assessment review committee recommended that the street and storm sewer components be separated for purposes of assessment to allow the assessment impact to be less for those who will not incur street reconstruction. Noted that staff recommended treating the street and storm sewer assessments the same as any other neighborhood in Prior Lake. Supports the recommendations. Haugen: Added that the consensus of the assessment review committee was that this method makes a positive outcome for the residents of Ida Circle. LeMair: Stated the recommendations appear to be good compromises that are fair and equitable. Will support. Erickson: Commented this recommendation conforms to his earlier opinion and he will support it. Asked if this project will allow the water supply to complete a loop resulting in improved water quality. Poppler: Replied that it will eventually loop the system when it is extended down Hwy 13. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07.151 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR IDA CIRCLE AND TRUNK HIGHWAY 13 IMPROVEMENT PROJECT #06-011 FOR THE CITY OF PRIOR LAKE, MINNESOTA. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Revised Resolutions Relating to the Jeffers Pond Interpretive Center Building and Eight Acres of the Five Hawks Elementary School Outdoor Learning Center Property. City Manager Boyles explained that previous resolutions approved in July contained items that concerned to the Jeffers Foundation. Meetings with the Jeffers Foundation and School District representatives were held and an agreement reached. Recommended approval of the revised resolutions that declare the pre- vious resolutions to be void. 4 City Council Meeting Minutes August 20, 2007 DRAFT Comments: Erickson: No questions. Millar: Stated this creates a win-win situation. Hedberg: Commented that the ability to resolve issues of the Foundation and the School District speaks to the value of the partnership with them. Stated he hopes the interpretive center will be operating in the next year or so. leMair: Stated he is glad the details are resolved and the project moving forward. Haugen: Gladdened by the effective resolution and believes there is comfort on the part of all parties at this time. Hopes the center will be in place by the time school starts in 2008. Pace: Noted that usually a motion would be made to reconsider the motion, but since the resolutions pre- viously adopted were being readdressed and the vote on them was unanimous, she determined the previ- ous motions could be considered null and void. MOTION BY HEDBERG, SECONDED BY MilLAR TO APPROVE RESOLUTION 07.152 AUTHORIZING THE JEFFERS FOUNDATION TO PREPARE A CONSERVATION EASEMENT FOR EXECUTION BY THE MAYOR AND CITY MANAGER OVER EIGHT ACRES OF PROPERTY OWNED BY THE CITY AT FIVE HAWKS. VOTE: Ayes by Haugen, Erickson, Hedberg, leMair and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY MilLAR TO APPROVE RESOLUTION 07.153 AUTHORIZING THE STAFF TO PLACE $280,000 FROM THE GENERAL FUND RESERVE IN AN INTEREST EARNING ACCOUNT TO BE USED FOR THE CONSTRUCTION OF THE JEFFERS POND INTERPRETIVE CENTER BUilDING. VOTE: Ayes by Haugen, Erickson, Hedberg, leMair and Millar. The motion carried. Haugen: Thanked the School District and Paul Oberg of the Jeffers Foundation for their cooperation in this step of carrying out Jeffer's vision. Boyles: Stated the City has requested an owner's representative proposal from Constructive Ideas; Pio- neer Engineering will survey the property and put together a preliminary site plan; and, Oberg has agreed to pay for survey and preliminary site plan through the funds that have been set aside. NEW BUSINESS Consider Approval of a Report Regarding the 2008 - 2012 Equipment Matrix. Parks and Fleet Supervisor Friedges reported on how the fleet and equipment matrix is structured. Spoke of equipment analysis, fuel monitoring and life expectancy efforts as well as the history of the matrix since 1998 when it was first incorporated into the Capital Improvement Program. Described the benefits it has given in providing equipment sized to meet the needs and incorporating the newest technology as well as providing a positive community image. Reviewed the recommendations of staff for exploring potential alternatives to extend the life of the fleet. Comments: Hedberg: Stated the fleet is a big part of the City's capital investment. Believes the matrix demonstrates the City is moving in the right direction and he will support the recommendations for exploring the alterna- tives. Stated the equipment is an important part of the infrastructure and allows the staff to do their job well. Agrees that quality equipment doing the jobs that the residents want done is a positive public image. leMair: Thanked Friedges for his insight into how the matrix operates. Believes this review was a good opportunity to examine how to be more efficient. 5 City Council Meeting Minutes August 20, 2007 DRAFT Erickson: complimented staff on extending the life of the vehicles and on consideration of purchases for services that used to be outsourced such as a stump grinder. Asked about rental programs. Friedges: Replied it could be short-term rental for certain times of the year or projects, or long-term. Millar: Noted the report highlighted the work to extend equipment life but that environmental issues weren't brought up. Suggested that money might be saved with environmentally conscious choices. Haugen: Commented that this report demonstrates commitment to the 2030 Vision's Financial Manage- ment Element to use financial resources to achieve maximum value. Concurred that quality equipment conveys community pride. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07.154 ACCEPTING A REPORT RELATING TO THE CITY OF PRIOR LAKE'S VEHICLE AND EQUIPMENT FLEET. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Millar: Suggested the equipment matrix would be a good topic for Inside City Hall. Consider Approval of Ordinance Amendment to Section 704 Extending Watering Restrictions for a Period of Thirty Calendar Days to October 1 Each Year. Public Works Director Albrecht advised the Council that staff has contemplated extending watering re- strictions for the past two years. Noted that the City has been proactive in enforcing water restrictions and uses restrictions to manage the water supply and keep an adequate amount in the towers. Explained the baseline use amount has increased from last year to this year exceeding six million gallons per day on more than one occasion. Recommended extending water restrictions through the end of September each year. Comments: LeMair: Stated water is a valuable resource and anything to conserve it is good. Will support. Erickson: Agreed with extending the length of restrictions but has concerns with total outdoor usage ban and asked how many citations were given for car washing. Albrecht: Replied there were few and typically sprinkler systems are enforced. Erickson: Believes that sprinkling is the problem but the ordinance forbids any outdoor use including a hand held hose for watering flower pots or washing cars. Believes ordinance should have sprinkling restric- tions but allow common sense usage. Millar: Asked why the ordinance should be amended to include all years rather than just drought years. Albrecht: Replied there seems to be good buy-in from residents for existing restrictions that are in place each year. Believes it is hard on residents when we are not consistent with enforcement. Millar: Suggested the restrictions could be in force until October 1 each year unless notified differently by the City. Albrecht: Replied he does not want to make it complicated and it would be difficult to determine which year was wet enough. With restrictions to odd-even day usage, it is known how much will be used per day and can be managed accordingly. Noted that if everyone watered on the same day, staff does not know if the City would exceed the amount of water that can be generated in a day. Believes it would keep the or- dinance effective if it is consistent from year to year. Haugen: Quoted goals and objectives from the 2030 Vision regarding protecting groundwater resources. Believes there should be a consistent plan and the City can conserve, educate and communicate about water resources whether it is a wet year or a dry year. Hedberg: Agreed conservation is an important objective and favors extending the restrictions. Agreed with Erickson about modifying the ordinance to allow hand held hoses for some purposes. Haugen: Emphasized that these are restrictions rather than watering bans. 6 City Council Meeting Minutes August20,2007 DRAFT Erickson: Asked why the City does not establish a year-round water restriction system. Albrecht: Replied it is good to have flexibility for operations - it allows the City a chance to regulate and troubleshoot the systems rather than trying to schedule such work on an odd-even schedule. City flushes hydrants in the spring and fall to manage that function around the ordinance restrictions. Erickson: Asked about the effect on commercial companies' ability to blowout water sprinkling systems if restrictions were extended through September. Albrecht: October is when most of the maintenance is done on systems, deck-washing, etc. Haugen: Suggested proposed ordinance revisions be brought to a future meeting. Mayoral Photo Gallery Councilor Millar proposed that a space in City Hall be identified for hanging pictures of former Mayors. Hedberg: Replied he would support a motion directing the City Manager to evaluate how to do it and costs involved. LeMair: Agreed. Erickson: Stated he would like to see how it would be presernted and where. Noted there could also be an area for current staff photos such as the City Manager and Councilmembers. Haugen: Concurred that a historic perspective makes sense. MOTION BY MILLAR, SECONDED BY LEMAIR TO DIRECT STAFF TO EXPLORE THE IDEA OF HANGING A PICTORIAL EXHIBITION OF FORMER AND PRESENT MAYORS AS WELL AS A DECISION ABOUT THE BEST PLACE TO HANG THEM. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Level 3 Predatory Sexual Offender Report City Manager Boyles stated that a Level 3 sexual offender planned to move into the Prior Lake area and asked Police Chief O'Rourke to inform the Council of the status of the move. O'Rourke informed the Council of the process of community notification and a scheduled community meeting. Advised the Council of the arrest of the individual for alleged burglaries and that five jurisdictions are seeking him. Stated that an eviction hearing is scheduled for his landlord to evict him from the rental property in Prior Lake. Even though the individual is currently in jail, the community meeting will be held for purposes of information and education about sexual offenders. Department of Corrections will be at the meeting to talk about assign- ment of persons to a threat level and communications requirements for each level. Comments: Hedberg: Stated that City staff responded promptly and appropriately. Believes that frustrations of resi- dents had to do with the period of notification that State law provides. Asked for City Attorney comments about whether the City should adopt ordinance and whether it would provide additional protections; whether it would be enforceable; and whether it would be legal. If so, such steps should be explored and if not, we should be clear about that to our residents. Haugen: Stated he would like to talk about the process to this point, the State statute, and the potential for moving forward. Millar: Asked what the State law is for how far in advance a city is to be notified when a Level 3 offender is moving in. O'Rourke: Five days from the time the State receives notification. Millar: Noted that Prior Lake was given two days notification. Stated the City did a good job trying to notify residents in a limited time span. 7 City Council Meeting Minutes August 20, 2007 DRAFT Erickson: Commented that the current status of the offender is that he no longer has the job that would have brought him to the area. O'Rourke: Affirmed. leMair: Stated it is fortunate that we are not dealing with him in our community. Haugen: Complimented the police department for its prompt follow through on the process and asked City Attorney Pace to talk about state statute. Pace: Replied there are 13 pages of statute, most of which consists of registration requirements for the offender. It does not contain a restriction on residency. Stated she researched case law and discovered several states within the 8th Circuit Federal judicial district where the federal Court of Appeals upheld resi- dency restrictions imposed by the legislature and set out in state statute. Advised that the Minnesota legis- lature had adopted a comprehensive statute, had the opportunity to restrict residency and chose not to do so. Pace also discussed a New Jersey Court of Appeals decision where the state statute did not authorize residence restrictions but a city adopted an ordinance restricting location of residency. The Federal Court of Appeals held the New Jersey city ordinance was unconstitutional. Recommended that Prior Lake not adopt residency restriction, but rather consider either adoption of a resolution asking the Legislature to ad- dress the subject; or taking the issue to SCALE to have more jurisdictions join Prior Lake in passing resolu- tions stating we believe this is an issue that concerns our citizens. It is not unconstitutional to restrict resi- dency if the rational basis for doing so could be the welfare of children. leMair: Stated he understands discussions about legality, but would like to limit such an individual from our community. Would support ordinance for residency restrictions and let someone challenge us on it. Should not have to wait for a Level 3 offender to move into town and wait for something to happen. Laws are meant to be challenged and changed. Erickson: Believes we should lobby the State to pass a law for restrictions and that there is concern by our local representatives to look at alternatives for the State. Questions passing a law we cannot defend and spending the fees attempting to. Millar: Stated it is not comforting to have an offender move into the neighborhood and understands ration- ale in asking the Council to restrict residency. Believes best way to go about it is to bring pressure on the State and bring about changes statewide. Hedberg: Stated the objectives are to protect children from sexual predators. State statutes that have restricted residency have been upheld. Agreed that action should be taken to lobby the State legislature to make the change. Haugen: Does not want to compromise safety in our community. Spoke with Representative Beard about reentry of such individuals into society and studies say that Level 3 offenders are most likely to repeat. Be- lieves the City should get SCALE involved and get all communities to concur on giving a message to the State legislature that current law is not effective. Would like to know if the other municipalities' ordinance has been stricken down. Believes this Council can provide significant leadership through SCALE to provide direction to the State. Pace: Suggested that along with SCALE, she could approach city attorney associations and county attor- neys could do the same. The City could also go through the League of Minnesota Cities. Believes the only way to be effective is to convince the legislature to change the law and the best avenue would be to bolster the ordinances of cities that have adopted ordinance to restrict residency. leMair: Asked if any of those ordinances are being challenged. Pace: Replied that she is not aware of any challenges. leMair: Stated he favors change from a State standpoint but that takes time and believes the City could adopt ordinance and then go through the process with the State also. Pace: Commented that experience shows that if trying to adopt ordinance and enforce it, it would not pre- vail. leMair: Replied that the worst case scenario would be that we would have to defend it. 8 City Council Meeting Minutes August 20, 2007 DRAFT Haugen: Asked if the League of Minnesota Cities has taken a position. Suggested research on whether other city attorneys have a position, copies of the ordinances from other cities and conversation with the other cities in Scott County. Place it on the agenda at the next meeting. Pace: Stated she would also find out how many states restrict residency. Erickson: Commented that Prior Lake is larger than the other three cities that adopted ordinance and the largest city would be the one to be tested. Believes it would be better to go through SCALE and get a joint effort. Suggested showing support for the State to take action by passing a proclamation stating we would like the State to look into changing the law. Pace: Stated she will contact Annandale to learn if anything caused them to adopt the ordinance. Millar: Stated he received e-mail from parents that children are upset and suggested police talk to kids to reassure them. MOTION BY HEDBERG, SECONDED BY MILLAR TO GAIN INFORMATION FROM ANNAN DALE, TAYLORS FALLS, WYOMING, ATTORNEY GROUPS, SCOTT COUNTY JURISDICTIONS AND BRING INFORMATION TO THE NEXT MEETING TO CREATE STRATEGY. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. leMair: Noted that he approved only because it is coming back to the next meeting. Haugen: Agreed it is time sensitive. MOTION BY HEDBERG, SECONDED BY ERICKSON TO MODIFY THE AGENDA TO PRESENT THE DOWNTOWN DESIGN GUIDELINES PRIOR TO THE 2008 BUDGET DISCUSSION. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Downtown Design Guidelines Economic Development Director Snook introduced Tom Dobbs of Hay Dobbs, who has been working with the Economic Development Advisory Committee. Dobbs reviewed the guideline recommendations. Comments: Millar: Clarified that these recommendations are building guidelines, but redevelopment would be market driven and could be several years in the future. These guidelines would be for those interested in such redevelopment. Will work on downtown parking as we move forward. Hedberg: Envisions this as the shape of the downtown area in 20-25 years. Noted Dobbs relied on down- town guidelines of 2000, but Scott County envisions that CR 21 and Main Avenue will be non-functional for pedestrian traffic. Questioned if three to four story buildings would still be recommended if different circula- tion patterns were considered. Dobbs: Replied that a multi-story building would not be wanted next to a single story house. Noted the guidelines are a living document and development patterns will shift as CR 21 and Main Avenue change. Believes the interest in redevelopment will remain in the downtown area unless a decision is made to move downtown. Stated the primary focus needs to be on Main Avenue until development pressures move it. leMair: Wants focus on not making it too expensive to come into the downtown. Favors adding things to make it look nice but not to price out certain businesses. Dobbs: Stated developers will appreciate knowing what the guidelines are rather than submitting design after design and not being sure of what will be accepted. Even though there is desire to be price con- scious, the City does not want to sell itself short. It has the core downtown that is a walkable scale and connects to a vehicular system and services. Erickson: Stated he attended an AlA Livable Communities seminar and saw similar things. States that Prior Lake has the challenge of CR 21 extending to Hwy 169 in 2010. Believes that in five years the two 9 City Council Meeting Minutes August 20, 2007 DRAFT sides of downtown will segregate and he would like to see some ideas on how to get people from one side to the other. Haugen: Believes the Arcadia extension should have been included in these guidelines and there is a need to incorporate the whole expanded downtown to present to developers. Not sure that has been ac- complished in the guidelines yet. Snook: Noted that some of those issues have been discussed at a staff level and advised the Council that even though Main Avenue is the easiest to redevelop right now, the guidelines will apply to the whole downtown. Haugen: Agreed. Stated that the pictures bring the guidelines to life, but the maps do not and it would be good to include them. Dobbs: Commented that few cities can maintain two areas of energy, but the guidelines would be applica- ble. Budget workshop Mayor Haugen announced that the preliminary 2008 budget was discussed at tonight's workshop. Noted that the Council addresses only the City taxes and those taxes are less than a third of the property taxes levied against any resident. Announced that the Council will meet on Thursday, August 23, for a special budget workshop at 5:30 p.m. Asked staff to bring alternatives for a $250,000 reduction in the proposed budget. If agreed upon, it would reduce the City portion of a resident's property tax to a 3% increase. His- torically, the average increase of City taxes has been just less than 3% for the past five years. This does not deal with the County or school portion of the taxes. OTHER Community Events Boyles: Announced that the community meeting at Crossroads Church at 7:30 p.m. on August 23, regard- ing sexual predator offenders will be attended by at least three council members; and, as such, will consti- tute a special meeting. Erickson: Groundbreaking for Fire Station No.2 will be Wednesday, August 22,2007, at 9 a.m. Compli- mented the SMSC on its Wacipi and moving the dancing to the ice arena during the bad weather. Ac- knowledged duress of people in southern Minnesota due to the flooding. Hedberg: Announced that the ground breaking for water treatment facility will be on Wednesday, Septem- ber 12, at 9 a.m. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by LeMair and seconded Erickson. With all in favor, the meeting adjourned at 10:02 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 10