City Council Meeting Feb. 6, 2023
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foreign good evening and welcome to this prayer Lake City council meeting of Monday February 6th if you would please stand join me in the Pledge of Allegiance allegiance to the flag s and indivisible with liberty and justice for all good evening and welcome um to our meeting the first item on our agenda is of course the public forum the public forum is that opportunity for those in the council chambers that would like to come before the council and share anything that is um on your mind or of importance here the only items that are precluded are if a hearing has been scheduled for an item and or if a hearing has taken place of course the importance there is that all testimony is received at the same time without or with those exceptions what I'd like to do is just limit testimony for four minutes what I'll do at the three minute Mark is I'll just hold up a index finger to signify uh you have one minute remaining and I'd ask that you conclude your comments um so with that we do have three that have signed up ahead and the first is Mr Dean Swanson Dean invite you to come before the council and again we look forward to your your comments uh button on the base the microphone a red light green says please speak so look forward to your testimony yep thank you for uh for having us again and thank you for the the workshop earlier um I guess just on a personal load I'm still kind of hung up on the whole R1 zoning of the the county 42 I'm sorry Dean Swanson 14080 Hidden View Road um I'm still personally kind of hung up on the R1 zoning uh issues that seem to be just kind of glossed over a little bit it's like well they're four individuals planned for this house unrelated um and that is true but we seem to be ignoring the fact that there's going to be a support staff in this house there's going to be a budget of over four hundred thousand dollars from what the county is going to be voting on tomorrow how does that fit in an R1 just for people living together we've got over 400 000 budget of support staff traffic going in and out of that house on a driveway that's deemed unsafe and that's why they wanted to buy the house and tear the house down get rid of that driveway they have conceded that they're not going to move the driveway you've got a driveway that's already dangerous this house and its support staff is going to what five times ten times the amount of traffic in and out of that dangerous driveway but they're not going to relocate it something doesn't add up um so I would urge you to reconsider at least drafting a moratorium don't have to send it just yet but at least draft a moratorium in on the basis of looking into this R1 zoning how this house fits into that R1 zoning especially with the traffic situations it's as simple as that if the county takes it as a trigger to do other actions well they're going to do plenty of stuff without our interactions to begin with it's only because the residents got together we found out about this and with your help we have gotten some concessions out of them but there's certainly not any concessions that make it feel any better on that street on Hidden View Road on Bayview road it doesn't feel any better so I ask that you do that again is to at least draft a moratorium to look at zoning and while you're drafting the the moratorium on zoning let's look at the actual zoning let's redefine the zoning so this doesn't happen again so if we don't look at updating the zoning and updating the standards now what's to stop the next one we'll keep talking about well maybe for the next time you know we can do something better well that starts now and if starting that process now helps this house while it's that's even better that's that's just gravy um and I don't I don't know what to say about the whole County the bullet points and and their their concessions just because again from from the start the county has been almost combative with us so you know can pardon my my pessimism with their concessions um another thought that some of the residents had was perhaps we take those five or six concessions that they mentioned and and use that as a negotiation point we need to perhaps add a few more items on there uh someone had a great idea about making only a re-entry house for women incarcerated it's just that it'd be it would be women and people only rather than the male incarcerated so that would be a possibility because there seems to be statistics that there's maybe less reoffenses with uh with women populations maybe we can also ask them for longer terms more than the 30 60 90 days which seems to be a very rushed schedule I don't know how anyone even trying their hardest is going to be able to re-enter Society the way they hope in just 30 60 or 90 days so a longer stay would seem to be appropriate and and the moratorium would also give us time to look at more data from these types of homes not just the Shakopee house but because the the data from the Shakopee house seems to be which always say skewed or questionable as well so it'd be interesting to get more data from other counties and other houses that are actually running programs like this so and according to the Damascus contract with Scott County and they can terminate it at any time that they want so that's another option for Scott County thank you thank you Mr Swanson thank you sir next up is Mr Matt Fulton hmm good evening mayor Consul Matt Fulton 14080 Shady Beach Trail thanks for the work session tonight that was really informative thanks Jason and and uh David for putting together that background information that was helpful um I left the left the work session disappointed um it strikes me that you're hesitant the council is hesitant about taking any Initiative for fear of something else happening and the state licensure being one of those kinds of things I'm not certain that the state licensure is such a bad idea I also agree mayor with your contention that maybe we need to be spending more time trying to modify the state statutes on what that really means because these re-entry homes are kind of a unique land use and they don't kind of cleanly fit into the guidelines right now the city needs to be notified when something like this comes into your community the only control that you have is your zoning code none of you will disagree with me this kind of land use should not be in R1 Zone that is predominantly investor-owned residential homes it can you I'm not arguing against the social goals of what what is trying to be accomplished but you want to make sure that it's that the issues that are creating challenges for these kind of land uses are minimized you need to be close to a bus line you need to be in close to employment centers it's better if you're in a mixed rental kind of a land use you have zoning codes right now that has state license for residential facilities you allow them in your zoning code but you have permitted with conditions this is the same kind of a situation where you want to be able to provide for guiding this kind of a land use in your community with appropriate conditions that you set allowing just for it to go forward without taking an assertive action to me as a resident says that you're really kind of avoiding you're kind of just you're you're allowing this one and you'll you'll worry about it the next time comes down the road the way this project has progressed doesn't give me any assurance that the county is not going to do the same thing and you've got a gentleman's agreement which by the way goes against the transportation goals that are that property was originally purchased for you've now precluded the closure of those driveways which I think is also not a public good so the actions or the the discussion that you had tonight kind of lends against Meeting those Transportation goals I would not hesitate with being more aggressive and being more assertive and taking a stance of a moratorium which allows you to then put those guidance those those standards in place that you can get zoning regulations in place to guide this kind of land use in the community I think that's your responsibility I wouldn't worry about the potential impact of a state license there may actually be positives on that state licensure I just wouldn't as a council I think I would rather you be proactive than you know the impact of us now having to be reactive on something that's clearly going to impact the attractiveness of our neighborhood and our ability to transact property in our neighborhood just because of the type of the land use that it is so with that I'll leave you thank you for the opportunity thank you so much Mr Fulton um Miss Cassie Johnson okay I really am going to bring a stool one time Cassandra Johnson 14104 Hidden View Road uh Northeast I agree with Matt it was disappointing to leave the work session I appreciate the time and the efforts you guys talked about the mental emotional exhaustion that you have felt I can tell you times it by a thousand and that's where we're at this is 24 7 for some of us last sleep trying to figure out what our next step is we bought our hosts as our forever home with plans of all right there's a bedroom on the main floor when I'm old and can't do the stairs right now am I moving what am I going to do what am I going to let my 12 year old do can I let her walk down the street can I not and you don't want to live in fear and so some of those things like this could happen yep one in a million she could get hit by a car or my house could get broken into absolutely but the other adult thing is that you're proactive and you think about and you're figuring those things out so the mental exhaustion that you guys are feeling amplify it and that's where we're at I also have very much concerns about taking these good faith efforts of the county I ask you who wasn't involved and brought to the table to discuss this we were told they didn't have to notify you or us so fool me once shame on me fool me twice it's shame on us so these good faith mean nothing to me now the trust is broken and I I encourage you to pause and reflect on that and how can you take it at face value the other thing is is if you go ahead and do a response letter we urge you to say straight out flat out we disagree with this use of this home black and white layout and then acknowledge with these concessions that you've made here's some additional ones but to be able to put it in writing that you all disagree with this I think speaks volumes and also helps rebuild the trust with your citizens that have elected you into these seats my other concern is about the city or the what do they call it the team the community team um two residents to eight city and county officials I can tell you if you are not a public speaker or have you been not worked in the city or any of those things it is going to be very hard to speak up in those forums and how can our voices be heard if there's two of us one person's not there and now I'm sitting in a room with seven other people that I have no relationship with and it takes time we'll build that that's not setting that up for Success from the community side thank you thank you so much that is all that we had for those that have signed up are there any others that would like to come before the council and speak during the Forum hi my name is Jennifer I live at 14060 Denby Road I'm sorry I thought I'd at least get it through my name um I live right across the street from this home I have a seven-year-old daughter who's in first grade I have a four-year-old son and a two-year-old son this home is a bird's eye view into my bedroom my Nursery my four my seven-year-old daughter's room my playroom and my dining room I would not feel comfortable having my kids outside I would not feel comfortable being alone in my own home I don't trust the county as all of you have agreed none of us do and what they've done I would prefer that it be licensed and be monitored by someone other than the people that have been in charge thus far I'm not going to go into detail about their misappropriation of funds and the process they followed and the policy that none of you agree with none of you agree with you all said that in that Workshop and if I was sitting there and you were standing here would you say let's agree and let the bull County bully us into these a consumed concessions or would you want someone to stand up for you and for your children I know you all have children and we're now having to think about moving when there's seven percent interest rates and I would I wouldn't feel comfortable not telling people buying my house what's across the street and so I implore you to think about this on a personal level not on a what the county said behind closed doors to you or what you've been convinced from other people but what you know is right in your heart and do something and speak up now not at the next house not when the next thing comes down the line right now you have the resources you know it's wrong so do something thank you is there anyone else that would like to come before the city council this evening I'll go ahead and conclude the Forum if I could I'm going to actually and again thank you so much for the testimony this evening just for context potentially manager Waddell before we address some of the feedback we received if you would encapsulate in a bit as concisely as possible what was discussed at Workshop what were some of the things that the council discussed that of course here at the Forum we've received comments in regards to that discussion and then following that uh to if you would maybe have yourself or David address were there are there any zoning items uh that we could have or could put in place that would have precluded such use but if I could city manager Waddell uh thank you mayor and counselors and members of the audience so at tonight's uh work session uh we did discuss the response letter that the city received as a direct result of the city council sending them a letter uh requesting that uh the house be repurposed the response that we got back from Scott County was that they appreciated the city council's letter but they are um still going to move forward with using the house as a re-entry home that being said they would agree to the following five conditions they would agree that the clients that would be living there would have historical ties to Scott County there would be no sexual offenders placed in that home they would agree to never relocate the driveway from its current access on 42 there had been previous discussions about relocating the driveway out the rear of the property to the existing neighborhood streets so that would not take place they agreed to the creation of a community committee that was mentioned during the public forum comments that would have Representatives that would meet on a semi-regular basis to discuss how the house is operating and lastly they agreed to additional Landscaping um barriers and screening oh and there's one thing that wasn't a bullet point but what was in the text was that they agreed to additional hours of supervision from the organization they're Contracting with to manage the home Damascus way they would increase the number of hours that would would be there so we reviewed that letter with the council and we talked through where the city council could go from here based on that and so a moratorium was discussed as was requested by several of the residents this evening and we've heard from that that same concern in the past which the city council could pursue however the the consequences of that would potentially be um the county has told us that if we issued a moratorium they would just pursue a state licensure an estate license would supersede a moratorium so even if we had a moratorium in place the state licensure would supersede that so the moratorium would be no longer applicable and if they did pursue State licensure then there are certain things that they've agreed to in their letter that would potentially come off the table as far as things that they've offered up for example instead of having four people in the home they could now have six whether they would have sex offenders there not that they wouldn't commit to that anymore the driveway relocation all those things that had been offered as a way to try to meet in the middle those potentially would come off the table so there is a lot of risk that we discussed with moving forward with a moratorium and and that's why um the direction at the council work session was not to go down that path there's also discussion about our our zoning code and our short-term rental ordinances and if there was things we could do with our zoning and ultimately again if the county pursues State licensure anything we do with our zoning code again gets superseded by State Statute so there was discussion about you know is this something we can handle at the city level or is this really something that we need to be pursuing with our state legislators at the state level to um look for change because we can do everything we can within our powers But ultimately power flows from the state down to the county and down to the cities and we're at we're at the lowest level unfortunately um we also discussed you know continuing to press for this use to be changed consistent with the letter that Council sent that it would be used for a homeless family rather than used as a re-entry home um the county has made it very clear in their letter to us that that is not going to be an option for them and that they are going to continue to move down this path so at the end of the discussion after walking through all those Alternatives and understanding what Authority we do have at the city level um the direction was to craft a response to the county to memorialize the conditions that they outlined in their letter stating that just basically making sure that those are locked in so that they're on record they'll be recorded against the property here at the city in our in our on our software programming so that future staff future councils will know the the conditions that were agreed to on that house and um yeah and that was that was the direction we've received from Council so um related to the zoning um maybe I would turn that over to our City attorney to comment on oh thank you manager Waddell um you know I guess as far as the zoning I would say first of all the zoning Authority is effectively preempted by the state statute that says that group homes shall be a state license group homes shall be a permitted use in R1 districts in cities so the city really if the facility gets licensed the city has no zoning authority to attempt to prohibit that use it's required by state you know certainly we talk with the legislature about changing that state statute and some cities are doing that then we'll probably continue to do that and as far as I mean I won't speak for the council I don't my view is not that the council was afraid to go up against the county it's more that the county is not legally required to offer any of these terms that they're offering and I would say the council's risk or the council might be afraid of none of these applying so that there would be sex offenders placed in this neighborhood there would be access to the home through the neighborhood I would say the council is by this decision is probably trying to look out for the interests of the residents as best they can under the circumstances and certainly that you know it's an option to sue the county try to go into litigation the outcome is uncertain so but one thing that is certain is if it's a state license facility the city has no authority to prohibit that by zoning so that's black and white State Statute there's the council is not missing an opportunity or refusing to exercise Authority that it has there's no Authority on that point uh thank you um one other questions that came up in the form of testimony was in regards to composition on that committee and representation again a management Dell can I direct this one to you yeah thank you mayor and counselors and members of the audience I I definitely appreciated the the comment on the composition of having two residents and then all the rest being city or county staff that intuitively makes a lot of sense and I think that is definitely a conversation I will have with the county to see if we can modify that composition to make it more balanced to have more more resident representation on that committee so I think that's something we can definitely work towards um we also heard um testimony manager Waddell relative to the tone of our letter and being careful is to not have any response to the county be seen as um we agree with the use we heard that in testimony that was also conversation that took place in the workshop that we wanted to be careful in terms of what any communication would be but our intent was to really have a memorandum to codify what what had been put on the table to ensure implementation but if you want to coming on the tone of the how we indeed communicate you know thank you mayor and counselors uh that's exactly what was discussed in the work session as well so I think having a statement at the beginning of the letter noting that the city does not agree with this use would be something we could definitely incorporate that was the consistent message that we heard from Council during the work session was um yeah none of the counselors agreed to that proposed use again under the circumstances our Authority is um limited and so we we've done the best we could with the resources and the The Authority we have um but making sure we document that in the letter we can certainly do that I guess what I would do um at this time although not not customary but counsel if there's any comments um that you individually would like to make as indeed we all did have a conversation Workshop I quickly opened up the floor but I believe manager Waddell and Mr Kendall uh fully captured what occurred but nonetheless if there's any that would like to add seeing none and then I would like to go ahead and move along in our agenda and that is to really move to the approval of the agenda itself so moved second we have a motion by councilman Brady second by council member Churchill to approve the agenda as submitted all those in favor say aye aye aye aye that brings us to item before and that is for the meeting minutes the approval of the January 18th 2023 city council meeting minutes um calcium modifications revisions to those meeting minutes if not I would entertain a motion and uh for their approval someone with Burkhart second we have a motion by councilman Burkhart in a second by councilmember Churchill on those meeting Minnesota's in favor say aye aye abstain and we have one we have a affirmative for um all and an abstain from braid um next time I'm up is our consent agenda I'll go ahead and hand that one off to city manager Waddell for his introduction as well as the iron Smith for us this evening thank you mayor and members of the council and members of the audience our consent agendas for those items that are considered routine or non-controversial they're placed all together on the consent agenda so um with a single motion and a second and a vote from the council all the items of the consent to gender are approved at once if there is something on the consent agenda that the council wants to pull off for separate consideration it would be removed this evening and placed under item 10 on the agenda so the items we have on the consent agenda this evening are as follows approval of the claims listing a resolution accepting donations and grants to the city during the fourth quarter 2022 resolution approving transferring ownership of city-owned real property to Prior Lake Veterans of Foreign Wars post 6208 a resolution approving a temporary liquor license for the Prior Lake VFW on March 18 2023 a resolution approving the City of Prior Lake 2023 pay Equity report and finally a resolution approving the purchase of radios for the fire department thanks so much management counselor are there any items before us this evening that USB removed and taken up under item 10 on our agenda seeing or hearing none I'd entertain a motion to prove the consent agenda as submitted so moved Burkhart seconds we've been motion by council member braid and a second by council member Burkhart to approve as submitted all those in favor say aye aye aye aye that motion carries counselor are there any comments that you would like to make in regards to the items we just approved this evening I have one I would like to come in item 5B and that is again the the smsc is a valued partner um in all areas of Public Safety and I want to thank the smsc for their generosity in being not only on that partner but also in in full on support of our efforts so thank you to the smsc that brings us to item seven which is a public hearing which is a resolution approving an off sale liquor license for Edelweiss Bakery and see we have city manager Bedell for that item thank you mayor and counselors and members of the audience so tonight we do have the public hearing for approving an off sale liquor license for Edelweiss Bakery Edelweiss Bakery opened uh in April of 2005 primarily functioning then as a bakery coffee and lunch restaurant and May of last year they expanded their offerings and now they offer on sale wine and strong beer and hors d'oeuvres and it's more for the evening hours and so it's it's been a nice addition to our downtown so now they are looking at expanding again their their offerings to offer off sale liquor to their their patrons that visit their establishment so tonight we would request that there's any questions of Staff you let me know but other than that we are here to hold a public hearing and and take any comments we might have on the application counselor are there any questions for manager Waddell to to address prior to opening the public hearing seeing none that would entertain a motion to open the public hearing so moved second we have a motion by councilor braid a second by councilor Lake to open the public hearing on the side I'm almost in favor say aye aye aye oppose that motion carries the hearing is open at 7 29 pm is there anyone that would like to come before the council this evening and provide testimony on this hearing seeing none I would entertain a motion to close the public hearing so moved Burkhart seconds we have a motion by councilor braid and a second by councilor Burkhart to close the public hearing all those in favor say aye aye aye aye that motion carries the hearing is closed at 7 30. council is there any comment that you would like to make uh on this item uh Council break no I mean this is pretty straightforward excited for the the new addition um and the continued expansion of a device so thank you for your continued investment um the only question that quick question I had is um the period and the Agenda Report is March 1st 2023 to June 30th 2023. um and that's because we have the the renewals happening then correct I just wanted to okay any additional comment um seeing none I would entertain emotion on this item I'll make a motion to approve the resolution issuing an off-sale liquor license for Edelweiss Bakery for the period of March 1st 2023 to June 30th 2023. we have motion by councilmember Brady second by councilmember Churchill all those in favor say aye aye aye and that motion carries um that brings us to item nine a on our business which is adoption of a city a prayer like strategic plan 2023. and I can see we've got assistant manager also Council council members thank you for the opportunity to present the Strategic plan I we have a presentation and I'm not sure if it is okay okay thanks Casey uh so the item before you tonight is for adoption of the 2023-2026 Strategic plan why do we have a strategic plan it's important for the city to set the direction for our long-term planning and it helps city leaders focus on the important areas and identify what those areas are for prioritizing budgets work plans and accountability through Performance Management the city has had a strategic plan in place since 2002 and the most recent update was in 2017. so we were due for a refresh this was a robust process that kicked off in April of 2022 and you there's a timeline attached here on this slide I'll get into specifics on what the components are and we finished most of the work in September 2022 worked on the report and we are before you today seeking adoption of the Strategic plan there is robust Community engagement involved in this strategic plan the Strategic plan was not made in a vacuum of of just staff or just elected officials we tried very hard to reach out and engage as many residents as possible to help us Define what the priorities for the future are we conducted a SWOT analysis a strength weakness opportunity and threat analysis and environmental scan we had a community survey that went out to over 2 800 residents we had several focus groups that involved our Advisory board members small businesses um an internal survey of All City staff our paid on call Firefighters all of our Advisory board members and then we also held multiple Retreats with the city council and the staff and the result of that work was our strategic plan when we had our retreat with the city council it was decided that the work that we did in 2017 to identify our vision was still applicable today that the vision statement created in 2017 we could continue moving forward with which is Prior Lake is a vibrant and welcoming lifelong Community offering a high quality of life and a small town feel and I'd like to mention even though we conducted this work in 2022 we were fortunate that at the city council Retreat council member-elect at the time Blake was able to participate and help us with the development of the plan so there are four key PRI four key sections or elements that base the plan the Strategic priorities which we'll I will get to later in the presentation are what is what are the things that are most important to us over the next few years the key outcomes that we identified is where do we want to be we can identify what's important but if we don't identify where where we want to be or how we're going to measure it this the plan won't won't work as well as it could so we identified key outcomes targets and then the specific initiatives that staff will undertake to meet the targets outcomes and ultimately the Strategic priorities so there are five strategic priorities the first is around Financial sustainability for a fiscally responsible Community the second is well-managed growth and it's growth that meets Community needs stable and sustainable infrastructure that are systems that support reliable Service delivery Public Safety for a safe community and high quality parks and trails for a community that values the natural environment so those three five strategic priorities are the framework for the next three years so real quickly uh Financial sustainability are key outcomes in that strategic priority area are include Financial stability in All City funds adequate resources to fund our Capital Improvement program and financial policies that guide decision making for well-managed growth we heard loud and clear from all of the ways we gathered input that downtown Vitality is critical for the future we need fiscally responsible residential growth and etiquettes and adequate supply of commercial and Industrial land to take some of the pressure off the residences and the tax base for stable and sustainable infrastructure are key outcomes we want quality Street conditions a complete understanding of what our infrastructure needs so everything that's on top of the street to below the street we need to understand the condition of those elements so we can plan for the future and then an adequate Public Works facility our maintenance center is quite old Jason I don't know if you know what year it was built but it looks like a cabin if you've never been there and it's it's ready for a refresh and we're out of space for a lot of the vehicles that we've purchased and then Public Safety are key outcomes we are establishing and we want to establish a full-time fire department we need safe and stable buildings through an inspection program and then a well-trained police department for the police department about 60 percent of our staff our police officers have less than five years of experience our Sergeants are have been in their roles for either three about three years or less we have a brand new police chief so training and making sure that this new exciting well qualified staff is well placed to move into the future and then finally our high quality parks and trails we need a clear direction for the future of our 52 Park 54 parks and trails and then what is the community support for parks and trails funding so we can plan appropriately for the future so I encourage everybody at home who is watching this to please go to our website this is just a snapshot a little screen grab of what you'll find in within the plan I've only talked about the Strategic priorities and outcomes but you can look on the plan online and look and see what the target targets are and what the Strategic initiatives are and finally the next steps will be modifying our agenda reports to include the new strategic priorities we will be developing action plans as staff to make sure that we're holding ourselves accountable to what we said we were going to do and um we'll work with the city manager to develop a reporting mechanism for regular updates to the city council and the public so we can let everyone know how how we're doing toward the completion of our plan so like I said Prior Lake mn.gov you can look for the Strategic plan there and we encourage everyone to take some time to read it thank you thank you so much director Olson Council are there any questions for director Olson uh on our presentation on the Strategic plan any comments um seeing none a motion to adopt uh well done uh Lori and uh and the rest of the staff I'll make a motion to uh prove that 2023 to 2026 strategic plan second we have a motion by councilmember Burkhart in a second by councilor Briggs to approve the Strategic planners in favor say aye aye aye aye that motion carries um that brings us to item 9B which is approval of an ordinance amending Prayer Lake City code section 1142 commercial and Town Center Performance standards and city code section 1144 architectural design and now I see we have community development director McCabe we look forward to your presentation thank you mayor good evening counselors as the mayor mentioned the purpose of this agenda item is to consider amendments to city code section 1142 commercial and Town Center Performance standards as well as 1144 our architectural design standards a little background starting last summer and fall City staff had a few commercial proposals come through that we couldn't quite make meet our design guidelines and these were two of the buildings of the three were established uses another in several other communities throughout the Metro so we took a look at our architectural design standards to see where we could make improvements provide a little bit more flexibility we took that discussion to our Planning Commission they talked about it during a regular meeting they actually had a separate work session to discuss the architectural design standards and then held a public Hearing in January and recommended unanimously that the city council approved the proposed amendments the amendments are all included in your packets the only major change to section 1142 was removing the Town Center design standards from that section and relocating them to 1144 the reason being now Town Center design standards commercial industrial and multi-family are all in the same location in 1144 currently our code includes a combined section that is multi-family commercial and Industrial so the the major change here is we have now three separate categories one for multi-family buildings one for Commercial Business Park and Industrial and a third for Town Center design standards so as far as multi-family the changes included removing specific language that didn't apply to multi-family so previously when they're included with commercial and Industrial there were specific roofing materials outdoor storage areas above ground fuel tanks that don't apply to multi-family those were removed we also added in language allowing fiber cement siding as an approved Building Material provided no more than 50 percent of any wall a budding a right-of-way or no more than 75 percent of walls that do not abut right away are used of that material additional architectural accent materials were added as permitted material up to 25 of each wall and then we identified a few materials that were prohibited as well as including a color section to require subtle neutral Building colors for the Commercial Business Park and Industrial design standards again fiber cement siding was added as an approved material provided no more than 50 percent of walls along the right-of-way or 75 percent of walls that are not on the right-of-way the same architectural accent materials were added as permitted uses up to 25 percent of the wall the same prohibited material uses were identified and then the same color section was added for again subtle neutral colors on the building and the Town Center currently our ordinance requires an 80 20 mix so eighty percent of facades in the entire town center that about public right away are to be constructed of brick stone or glass and allowing for twenty percent of accent materials that requirement is proposed to remain in the town center but only for properties on Main Avenue and Dakota Street for town so again for Town Center buildings with Frontage on Main Avenue or Dakota Street 80 of the facades would be Brickstone glass the additional materials have been provided for that other 20 percent side and rear facades not abutting public right away shall be the 60 40 requirement so 60 brick stone glass 40 accent materials that is the same as in today but that would only apply to Maine Avenue Dakota moving forward if this were approved for Town Center properties which is our downtown district without Frontage on Manor Dakota Street they would have be allowed 50 percent of facades to be constructed of Brickstone or glass and then new materials have been added to the definitions for the remaining 50 percent we also would allow pre-finished metal or wood as architectural enhanced materials up to 25 percent of facades so building wall is not about budding public right-of-way would have a minimum of 35 percent of principal materials and allowed a maximum of 65 so if they're not on the street there's greater flexibility with the materials that can be used also we added a requirement for a minimum of two Design Elements which is not overly difficult to achieve and what we're looking for there is contrasting colors varying wall Heights varying wall depths use of glass enhanced entrances and similar so our city code identifies a policy for amendments so in case of amendments to the zoning code text there is a public need for the amendment or the amendment will accomplish what are more purposes of the zoning code or the adoption of the amendment is consistent with state or federal requirements in this case staff believes that these amendments help accomplish several purposes of the zoning code which including maintain stability of business and industrial areas of the community promoting appropriate and early development of business and industrial areas enhancing the aesthetic character and appearance of the city providing effective Administration and amendments to the zoning code and this represents a continuing system of review of the code to ensure it'll be amended to meet changing needs of the community also included on this slide is a few objectives identified in the 2040 vision and strategic plan that will be accomplished including intentional land use planning to facilitate commercial development to expand the tax base preserving and enhancing Prior Lake small town feel and exploring ways to encourage downtown as a vibrant destination the recommendation of Staff in the Planning Commission is a motion and a second to approve the ordinances amending sections 1142 and 1144 as well as approval of a resolution adopting a summary of the ordinance to be published and Council I'd be happy to take any questions director uh director McCabe thank you so much for your presentation couns are there any questions for director McCabe uh or comments of Mr Lake just to clarify um would that change that change would not affect um the immediate downtown correct um the primary change for the immediate downtown area would be for properties in the Town Center District that are not on Main Avenue or Dakota Street there would those areas would be provided a greater flexibility with approved building materials okay thank you Mr parade well I think this is a nice amendment that you know we've heard a lot about at least over the past six years since since I've been here um that I think it's it's business friendly and ensures new buildings well aesthetically still look good and maintain the brains the brand standards of Briar Lake and our small town feel so I know you put a lot of work into IT director McCabe and uh you know thank you for your efforts and the planning commissions as well I would concur um thank you so much director McCabe especially knowing that some of the developments that are coming our way have some national standards and certainly our flexibility in yet ensuring that our downtown standards are what we'd like them to be to thread that needle um you nailed it so Council we're looking for a motion I'll make a motion to approve an ordinance amending section 1142 in section 1144 of the Prior Lake City code and approval of a resolution adopting the summary of ordinance and ordering the publication of said summary I will second that we have motion by councilmember Braden II by councilor Lake all those in favor say aye aye aye aye that motion carries that brings us to uh our council member liaison on updates and if I may uh councilmember Lake please lead us off yes on January 19th I attended the CEC Community engagement committee uh February 1st I attended a chamber of commerce board meeting on February 3rd I attended the scale executive board meeting thank you Mr Lake um councilor Churchill mayor and council members on January 25th I had the committee meeting on the first I attended the chamber board meeting on the third I had my gender review and today I had Mobility Transit Advisory Board committee thank you so much councilor Churchill councilman Burkhart January 24th at Minnesota Valley Transit association meeting January 25th the legislative meet and greet for the Highway 169 Corridor Coalition down at the capitol for several hours of very successful event with a lot of attendees on January 25th had the Minnesota Valley Transit Association board of directors meeting February 3rd I have my agenda review on February 6th at the MBTA management committee meeting thank you thank you so much councilor Burkhart Council braid mayor members of the Council on January 24th I met with commissioner Becky to discuss numerous options and conversations about annexation and this housing that we have off of 42 and then on uh February 3rd I attended my agenda review that concludes my report thank you Council braid on the 19th of January city manager and I had a state of the city presentation at the Lions Club on the 24th of January I met with the Rotary Club to discuss their signature project process that they're going to be embarking upon on the 26th of January I had the opportunity in in of doing a podcast with secretary treasurer Kirk Staten Stratton discussing our city travel relationship on the 27th I had a meeting with school board chair Amy Crosby and then on February 2nd meeting along with manager Waddell with the mlc housing subcommittee meaning one thing I would like to also share very exciting news Senator Pratt as a chief author and a piece of legislation that was released since we last spoke that specifically seeks to ensure that the costs of growth reside with developers and to me this is a well three years worth of effort that we're moving forward so that concludes my comments manager woodell is there anything you'd like to add mayor counselors I have nothing further to add this evening uh with that um Council I would entertain that final motion I'll make a motion to adjourn all second motion by counselor braid to adjourn in the second my counselor Lake all those in favor say aye aye aye and that motion carries a meeting stance adjourned at 7 50. foreign