HomeMy WebLinkAbout02 07 11 City Council minutes
4646 Dakota Street SE
Prior Lake, MN 55372
REGULAR CITY COUNCIL MEETING MINUTES
February 7 , 2011
CALL TO ORDER
The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d-
berg, Keeney and Soukup , City Manager Boyles, City Attorney Pace, Public Works Director Albrecht , A s-
si s tant City Engineer Poppler, Parks and Fleet Supervisor Friedges, Finance Director Erickson, Building
and Transportation Director Kansier, Police Chief O’Rourke, Community Development and Natural R e-
sources Director Parr, Planner Matzke, Assi stant City Manager Meyer and Administrative Assis tant Green.
PUBLIC FORUM
The Public Forum is intended to afford the public an opportunity to address concerns to the City Council.
The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than
ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pr i-
vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except
those topics t hat have been or are the subject of a scheduled public hearing or public information hearing
before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other
City Advisory Committee. The City Council may discuss but wil l not take formal action on Public Forum
presentations. Matters that are the subject of pending litigation are not appropriate for the Forum.
Comments:
No person stepped forward to speak .
APPROVAL OF AGENDA
MOTION BY HEDBERG, SECOND BY ERICKSON T O APP ROVE THE AGENDA AS PRESENTED .
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup . The motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY ERICKSON, SECOND BY KEENEY TO APPROVE THE JANUARY 18 , 2011 , MEETING M I-
NUTES AS PR E SENTED.
VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Hedberg abstained due to his absence at the
mee t ing. 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 Approv al of Treasurer’s Report.
C. Consider Approval of 4 Quarter Investments Report.
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D. Consider Approval of Resolution 11 - 015 Authorizing the Purchase of Three (3) 2011 Crown Victoria P o lice
Interceptors.
E. Consider Approval of Resolution 11 - 016 Approv ing a Wetland Replacement Plan for the 2011 Water Qual i-
ty Maintenance and Retrofit Project (City Project #11 - 012).
Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com
F. Consider Approval of Resolution 11 - 017 Authorizing the Mayor and City Manager to Enter into a Grant
Agreement with the Minnesota Departm ent of Natural Resources for Receipt of a $25,000 Community Fo r-
est Bonding Grant.
G. C onsider Approval of Resolution 11 - 018 Accepting the Improvements for the Industrial Park Utility Exte n-
sion and Resolution 11 - 019 Accepting the Improvements for the Mapl e Glen Second Developments.
Councilmember Hedberg requested that item 5B be removed from the consent agenda.
Councilmember Erickson requested that item 5D be removed from the consent agenda.
Mayor Myser requested that items 5A and 5E be removed from the consent agenda.
MOTION BY ERICKSON, SECOND BY HEDBERG T O APPROVE THE CONSENT AGENDA AS MO D-
IFIED.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
Hedberg : Regarding item 5B, commented that the treasurer’s report show s an increase of $ 21.4 m illion in
fund balances to $ 23.8 million , which was anticipated. Questioned by the general fund balance increased
from $4.8 million to $7.1 million.
J. Erickson: Replied that the change to the overall budget is due to the receip t of the second half of tax
levy monies . Stated she will have information about the percentage of the tax levy that went into the ge n-
eral fund at the next mee t ing.
Hedberg : C ommented that taxes comprise more than half of the general tax fund and will be a topic of
conversation in budget work sessions.
Myser : Affirmed that general fund reserve policy is planned for discussion at the first budget meeting.
Erickson : Regarding item 5D, stated that Ford Crown Victoria ’ s will not be available after 2011 and v e-
hicles selected after that date will have additional expense in retrofitting. Suggested that five vehicles
should be purchased this year rather than three with two placed in storage to allow for continued used of
the existing retrofit package and to al low time to test out retrofitting for whatever kind of ve hicle will be pu r-
chased in the f u ture.
O’Rourke : Affirmed that the final date for ordering a Crown Victoria is March 1. Stated that Ford has eli m-
inated the police interceptor and next year it will be on the SHO on a Taurus platform . Concurred that the
retrofitting equipment currently on the cars will not fit on next year’s model . Described equipment that is i n-
cluded in a retrofit and associated costs . Estimates a cost of approximately $2,500 per car for the equi p-
ment.
Erickson : Asked when an additional two vehicles will be needed.
O’Rourke : Replied that the City has been purchasing three cars per year, holding each car appro x imately
three years after which m uch of the appurtenant equipment is still serviceable and could be used again. A
benefit of purchasing two additional vehicles could be 2011 prices. Have heard that vehicles will be more
expensive in 2012. Noted that a downside is finding storage space and $44,000 of funding that is not bu d-
geted in 2011. Noted that new technology may be developed by 2012. Over the next three to four years,
the entire fleet will be switched out and because of downsizing, it is most likely that little of the equipment
will be transferable.
Erickson : As ked O’Rourke’s recommendation.
O’Rourke : B elieves it depends on the budget. Commented on snow and difficulty for police cars to get
around and next year’s plan might be to order two all - wheel drive vehicles.
Erickson : Suggested that staff be directe d to research the scenario of purchasing two more Ford Crown
Victoria’s by March 1 to see if it is the most economically feasible plan .
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Myser : Replied that consideration should be given to delaying purchase of the three proposed vehicles if
Ford is changi ng its platform for police interceptors.
O’Rourke: Noted that the 2012 vehicles are expected to cost more and there will also be the retrofitting
cost.
Keeney : Asked if the higher cost is attributed to the all wheel drive option. Believes adding that capability
sooner would be desirable.
O’Rourke : Stated that b oth of the new Fords were on display at the police chiefs’ conference and vendor
representatives advised them that the cost of new vehicles would be approaching $30,000.
Soukup : Asked if there will be additional cost in training for officers if the vehicles are changing from rear
wheel to a l l wheel drive.
O’Rourke : Replied that they do handle differently and training would have to be considered. Commented
that Chrysler is not building an all wheel drive Dodge Charger police vehicle because Dodge does not b e-
lieve it would be suitable for police work. Noted that the SUV - style all wheel drive vehicle is rated for high
speed driving. Currently there no four - wheel drive vehicle s suitable for hig h speed because they tend to be
higher off the ground and prone to tipping .
Soukup : Asked if all wheel drive vehicles would have a package for carrying prisoners.
O’Rourke : Affirmed that the new vehicles will be called a police interceptor and will be equ ipped for carr y-
ing prisoners.
Erickson : Believes there a ppears to be a savings of $10,000 to the City by buying two additional Crown
Victoria’s this year based upon the anticipated increase in cost of $8 , 000 per vehicle in 2012 .
MOTION BY ERICKSON , SEC ONDED BY KEENEY TO DIRECT STAFF TO RESEARCH AND REPORT
WHETHER IT IS ECONOMICALLY FEASIBLE TO PURCHASE TWO ADDITIONAL CROWN VICTORIA
POLICE I N TERCEPTORS BEFORE MARCH 1.
Friedges : Believes another benefit to the recommendation to buy two additional Crown Victoria’s this year
and one all wheel drive this year is that it would give the Police Department and staff a chance to test the
all wheel drive and the Chevy Caprice that is going to be offered as an interceptor. Putting them in invent o-
ry this year and putting them in service in 2012 will give staff a chance to see how they perform and a be t-
ter view for 2013 on which vehicles should be purchased.
Keeney : Stated he has some concern about storing vehicles believing it more efficient to store as cash in
t he bank.
Pace : Queried whether the motion was to approve the purchase of three Crown Victoria’s.
Erickson : The motion is just for the directive.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
Myser: Regarding ite m 5A , asked if alternatives for lowering costs for Internet and telephone have been
explored.
Boyles : Replied there are a variety of costs based on activity areas ; some based on the telephone system
and some attributed to Internet connection. Stated tha t staff has been wo rking with the school district and
the county on Voice Over Internet Protocol (VoIP).
Myser : Asked if the cost of Internet vs. phone can be separated.
Boyles : Replied the invoices reflect $3,359 this month and the majority of the c ost is in phone service.
Myser : Asked if the City knows what the cost might be for VoIP.
Boyles : Can work with the school district and County to learn that.
Erickson : Commented that the City of Savage also uses VoIP.
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MOTION BY MYSER , SECONDED BY KEENEY TO DIRECT STAFF TO COME BACK WITH CONCL U-
SION ON DECISIONS TO LOOK AT VOICE OVER INTERNET PROTOCOL WITHIN 90 DAYS.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
Myser : Regarding item 5E, asked if the $19,000 is s ent to the wetland bank or if it will be spent in the l o cal
watershed for mitigation purpo s es.
Albrecht . Replied t here is not a bank available in our watershed for the City to purchase credits from.
Acreage of wetlands have been created and credits of th at wetland are being sold to us. The bank has to
be registered with the State and the State monitors it to assure that when a credit is purchased it is d e-
ducted from the balance . This is the best value option for the City to fulfill this 1990s requiremen t. Staff is
moving forward on establis h ing a bank in the watershed so future credits can be invested in our area.
MOTION BY HEDBERG , SECOND BY ERICKSON TO APPROVE THE FOLLOWING ITEMS REMOVED
FROM THE CONSENT AGENDA:
5A Consider Approval of Invoices to b e Paid.
5 B Consider Approval of Treasurer’s Report.
.
5 D Consider Approval of Resolution 11 - 015 Authorizing the Purchase of Three (3) 2011 Crown Victoria P o lice
. Interceptors.
5 E Consider Approval of Resolution 11 - 016 Approving a Wetland Replacement P lan for the 2011 Water Qual i-
. ty Maintenance and Retrofit Project (City Project #11 - 012).
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
PRESENTATION
Economic Development Advisory Committee (EDAC) Annual Report
Communi ty Development and Natural Resources Director Parr named the members of the EDAC and
introduced Chair Deno Howard . Howard listed the accomplishments of the committee for 2010 and distr i-
buted the marketing piece used by the Committee. Stated the Committe e focused its efforts in the dow n-
town area in 2010 and con ducted a survey with the downtown businesses. R eviewed the feedback from
the survey as well as the feedback from the Meet and Greet held on October 14 at the Wild’s. Stated the
Committee plans to conduct surveys with industrial park businesses in 2011.
Comments:
Hedberg : Stated this presentation and the 2011 objectives were discussed at the last EDAC meeting
where he s ug gested that the EDAC should meet with the EDA to review the objectives for 2011 before o b-
jectives are approved.
Erickson : Concurred with Hedberg’s comments that EDA and EDAC should work together. Compl i-
mented the marketing piece and encouraged updated statistical information .
Parr : Commented that many of the statistics were taken from Met ropolitan Council demographics.
Keeney : Complimented the work done on the promotion/marketing side. Suggested that the Jeffers N a-
ture Preserve be added to the amenities page.
Soukup : Complimented the EDAC on its work and suggested the po pulation demographic be updated on
the marketing piece.
Myser : Complimented the survey stating he believes it opens the lines of communication with the bus i-
nesses and will have a big i mpact on the perception of the C ity as a friendly place to do busines s.
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Howard : Stated the Committee identified some of the feedback as areas that need communication or ed u-
cation such as taxes since the City may not be able to change an individual’s taxes as much as commun i-
cate about why taxes are what they are and ed u c ate people on the process and appeal.
Myser: Commented that the City’s focus on jobs, services and tax base can help to grow the tax base so
taxes can be spread over a bigger audience which can have an impact on an individual’s taxes .
Hedberg : Stated that the common perception that taxes are too high don’t have much data behind the
opinion so he seeks to get information about taxes in the area and see if Prior Lake really is that high.
Erickson : Added that education can also tie into property values noting that Prior Lake’s tax capacity rate
is lower than neighboring communities.
Howard : Stated the EDAC has plans to invite County representatives to provide a tax education event for
businesses.
US Hwy 169 / I 494 Interchange Project
Building and T ransportation Services Director Kansier introduced Mark Ols e n from McCrossan /
Kraemer J oint Ventur e (the 169 / 494 contractor) and Susan Youngs (project communications) . Olson
described the stages of the project which is projected to be complete in 2012. Youngs provided project
phone, email and website contact information .
Erickson : C omplimented the mayor of Edina who chair ed the Hwy 169 C oalition while this project was
brought to fulfillment. Asked about a traffic simulation.
Olse n : Replied that a simulation will be available for public information by April or May.
Erickson : A sked about the roundabouts.
Olse n : Replied they are designed to interact between the surface street and the interchange move ments.
Keeney : Stated that this project will impact economic development for Prior Lake and also the daily life of
resi dents.
Soukup : Asked how much time this change will take from people’s com mute to the metro area .
Olse n : Replied that t raffic models speculate those forecasts and it is expec ted to improve immens e ly.
Myser : Stated he is struck by the complexity of the design. Noted that the Hwy 169 Coalition was instr u-
mental in securing federal stimulus monies for this project and complimented them for it.
PUBLIC HEARING
No public heari ng was scheduled.
OLD BUSINESS
Consider Approval of a Report on the CR 21 and Arcadia Avenue Intersection Improvements.
Public Works Director Albrecht commented that the Council’s work session on this date considered a l-
ternatives for improvements of CR 2 1 through the City and reiterated the City’s desire to consider long term
and have the most flexibility for future decisions. Noted that the final outcome of long term planning does
change the need for the Arcadia / CR 21 intersection improvements. State d that design layout and eas e-
ments for the project need to begin in order to retain the option of completing the improvements in 2011.
Soukup : Clarified the plan for turn lanes and asked if signal lights will be permanent ly placed.
Albrecht : Replied th at direction from Council would be needed before construction work begins on this i n-
tersection to determine if a temporary or a permanent signal is installed.
Hedberg : B elieves this intersection needs improvements this year . Asked when C ouncil direction is
needed in order to complete construction in 2011 .
Albrecht : May.
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Hedberg . Stated t his is the next step in a process that has been underway for a number of years and he
will be mindful of an April/May deadline.
Keeney : A sked if the design to the east would be compatible with any of the CR 21 options that were
viewed at the work session.
Albrecht : Replied that Main Avenue and Arcadia Avenue are designed to match CR 21 options . Perm a-
nent curb ing would not be built for the median.
Keeney : Asked if ri ght of way is wide enough on CR 21.
Albrecht : Replied that a s mall amount of acquisition would be needed on the north side and t hese pla ns
have been incorporated into campus plans of the property owner . Staff has been working with property
owners on the south side of CR 21 also.
Keeney : Asked if it is an option to build this intersection with signaling to turn on to streets on the north
side of CR 21 prior to doing anything with the south side.
Albrecht : A ffirmed that is the intent to complete three - f ourths of the project and wait until spring 2012 to
work wi th property owners on the south of CR 21.
Keeney : Commented the City should be mindful that people are living in these areas and disrupting their
homes is a sensitive issue. Asked if tonight’s ac tion will give staff direction to initiate conversation s with
homeowners.
Albrecht : Affirmed, adding that it allows design work to be completed which can be shown t o people so
they know where the road would go, etc. It allows staff to work in good faith with the residents .
Erickson : Asked when CR 21 is scheduled to open up to Hwy 169.
Albrecht : Replied that is expected in the summer or fall of 2011.
Erickson : Concurred with remarks that it needs to remain on the Council’s “ immediate radar ” as traffi c will
increase when the connection goes through.
Myser: Concurred that decisions with Arcadia and CR 21 need to dovetail and decisions must be made .
MOTION BY HEDBERG, SECOND BY KEENEY TO DIRECT STAFF TO PROCEED WITH PRELIMINARY
DESIGN WORK TO DETERMI NE REQUIRED EASEMENTS AND RIGHT OF WAY FOR THE ARCADIA
INTERSECTION PROJECT.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
Consider Approval of a Report on the 2011 Street Reconstruction Project Sidewalk Design.
Assista nt City Engineer Poppler reviewed the project area ; proposed dates of reconstruction; and issues
raised at the public hearing of sidewalks, road alignment, trees and driveways. Stated that the goal of s i-
dewalks is to link resi dential areas to park and co mmercial areas and the cost of including sidewalks in this
project is expected to be greater than $80,000. Noted that ADA compliance changes require greater eva l-
uation and ongoing maintenance of sidewalks. Survey s revealed that existing roadway was encro aching
on private property and reconstruction will realig n it to the C ity right of way. Stated that a ten - stall par k ing
lot is planned by the ball park between Rutgers and Lois streets. Stated that staff has d etermined that
surmountable curb should be us ed in the project.
Erickson : Commented that pedestrian safety is a key issue and some people thought it would be safer to
not have a s i dewalk as drivers might speed if they are aware of a sidewalk in place for pedestrians .
Poppler : Responded that any t ime pedestrians are removed from the street it is safer for them ; but agreed
that drivers might use greater speed if they see no person in the roadway.
Erickson : A sked if rain gardens will be considered in the low areas where driveways will be altered.
Poppler : Affirmed that rain gardens are being offered.
Erickson : A sked why Rutgers and Lois streets no longer connect .
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Poppler : Replied that those streets were separated in 1975 and it is not clear if it was done to create the
ball park or to prevent fl ow - through traffic.
Erickson : Asked why residents are asking for it to be connected at this time.
Poppler : Some residents say drivers are cutting through on Grayling and also that Grayling is not wide
enough for emergency vehicles .
Erickson : Asked i f residents are ask ing for signage to designate no parking on one side.
Poppler : Replied that would have to be petitioned.
Keeney : Asked if a traffic count has been conducted on Rutgers .
Poppler : Replied there are only about 150 homes in the neighborhoo d and traffic is l ow volume.
Keeney : Stated he generally favors sidewalks, but do es not like to remove trees. Seems there is not a lot
of support for the sidewalk in the neighborhood and he is not adamant about having the sidewalks for this
project. A sked if there is merit in leaving the roadway alignment where it is and getting easements from
property owners.
Poppler : Responded that it makes sense to place roadway on the C ity right of way and t he roadway will
be straight when it is rea ligned to th at.
Hedberg : Believes that L ois to Rutgers should not be reconnected as it would cut off the ball field and
would encourage traffic from CR 42 to cut through the neighborhood . Commented that this is a quiet neig h-
borhood with low traffic volumes and he does not want unnecessary loss of trees so he could support not
having sidewalks.
Soukup : Made reference to the loss of trees in her neighborhood during a reconstruction process. Does
not believe this project needs sidewalks. Asked if streets will be widened in this project.
Poppler : Replied that, generally , the streets will be narrower and two new parking lots will be establish e d .
Myser : A sked how common it is for a roadway to end up on private property.
Poppler : Replied that roadways are rarely in the center of the right of way, but generally they are not ou t-
side of the rig ht of way as they are in this case.
Myser : Asked if it would be more expensive to purchase the right of way easements in order to leave the
road way where it is.
Poppler : Repl ied that the process of designing the roadway and acquiring the easements would add time
and increase the costs due to delay. There is also expense in writing the descriptions of the easements.
Myser : Asked if there were people in favor of sidewalks.
Pop pler : B elieves there were some, but they were out spoken by the people who did not want them.
Myser: S upports not having the sidewalks , not connecting Lois and Rutgers and having surmountable
curbs in this project .
MOTION BY HEDBERG, SECOND BY E RICKSO N TO DIRECT STAFF TO R EVISE THE DESIGN PLANS
TO ELIMINATE THE SIDEWALK ON RUTGERS AND BOUDIN STREET.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
Consider Approval of an Ordinance Amending Section 1102.1103 of the Prio r Lake Zoning Ordi n-
ance.
Community Development and Natural Resources Director Parr reviewed discussion from the work se s-
sion and the proposed ordinance amendments t hat reflect the consensus reached at the work session .
Hedberg: C larified that all r estaurants, lodges and clubs with liquor must have a conditional use permit.
Parr : A ffirmed.
Hedberg : Favors amending the ordinance to have Section 1102.1103(5)(e) read “…less than 100 feet from
an R - 1 Use District…”
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Erickson : Asked if that would me an th at a bufferyard is necessary only next to R - 1.
Parr : Replied that Code requires bufferyards for land uses next to each other.
Erickson : Asked what the bufferyard would be between R - 2 and C - 2 serving liquor.
Parr : Replied it would depend on how far away the uses are from each other. Separation is one of the
things to take into account.
Erickson : Asked about the definition of bufferyard E.
Parr : Provided an example and added that if the Planning Commission or City Council thought there
should be more trees, it could be added to the conditional use permit.
Erickson : Stated he has spoken with people who would be affected by the distinction between R and R - 1
and asked if any residents who live in R - 2 or R - 3 districts came to the public hea r ings.
Pa rr : Replied that two public hearings were held ; and resident s living on 1 60 street across from the car
th
wash commented that they would support a family restaurant, but would not care for a bar to be located
there .
Erickson : Commented that the hours bein g proposed would restrict a bar . Stated he did not get a fee l ing
that the public had a concern about the difference between R and R - 1, and since restrictions can be added
by the Planning Commission and the City Council, he will support R - 1.
Keeney : Asked if the intent is to have no hours restriction if the business is located by an R - 2 which would
allow a bar to operate until 2 a.m. next to R - 2.
Erickson : Replied that the Planning Commission and City Council can place limitations on it and a bar
would no t automatically be able to go there.
Keeney : Believes the finding must be made at this time and that people don’t want to have a bar next to
the place where they live. See s no reason to be less restrictive for an R - 2 district. Does not support the R -
1 distinction and believes only limited hours usage should be allowed when next to a residential di s trict.
Erickson : Asked for clarification from the City Attorney about what can be restricted.
Pace : Replied that if a business meets the conditions, it shou ld be g ranted a C onditional Use Permit .
Conditions can be imposed for something such as pedestria n safety, etc. where the CUP seeks to limit i m-
pact and create a buffer. Conditions cannot arbitrarily be imposed. This ordinance proposes that if the
propos ed business is less than 100 feet, then “e” is triggered for additional cond i tions.
Keeney : Stated he is concerned about making distinctions between residential districts so when a decision
is made it will look as though the Council is causing that busine ss a problem. If the Council makes a gen e-
ralized ordinance, it would eliminate spot - zoning.
Myser : Will support R - 1 believing the other neighborhoods are protected with the restrictions that have
been put in place.
Erickson : A sked the City Attorney to comment on the language, “ … limit the impact of a business on
neighboring residen tial properties … ”
Pace : Replied that “e” says it is restricting the hours of operation for those businesses that are within 100
feet of a n R (or R - 1) dis trict. It has identif ied when you can limit the hours of operation. When look ing at a
particular situation, the City might learn through a public hearing or the staff report that an area needs sp e-
cific protections ; but the City cannot apply the general paragraph to any situat ion.
Parr : Added that most commonly it is conditions such as landscaping or signage that are not called out in
the ordinance as a hard and fast con dition, but are additional things that need to be addressed.
Soukup : S tated that it s eems the discussion i s on how to make the C ity more business friendly. EDAC
says the City need s to be less of a bedroom community and bring in more business and retail. Agree d with
that but stated that r esidents need to be represented equally regardless of whether living in an R - 1 or R - 3
district .
Erickson : Concurs with Keeney.
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Keeney : Stated that the City has established a goal to bring in restaurants. Believes it is d angerous to r e-
linquish restrictions without having a specific reason to do so. A bar is incompatible a djacent to res i dents.
Believes this amendment is only being considered because of existing situations that are limiting economic
development, but there are long standing ordinances and statutes that set out distances to be from schools,
churches, etc. and to ease the restrictions more than intended would be rash. Stated that d oes not build a
good community in the long run.
Hedberg : Believes there are a number of situations where a restaurant that serves liquor and keeps the
bar open until 1 or 2 a.m. tha t are compatib le with a residential a r ea. Noted that Lakefront Plaza is adj a-
cent to a restaurant that is licensed to serve li quor until 2 a.m. Believes there is a difference between R1
and multiple family housing in the expectations of adjacent property uses. We are placing the City in a
compet itive di s advantage if this expansion of use is not allowed .
Myser : Believes that the community wants more options and more services and this amendment would be
good for the community.
MOTION BY KEENEY , SECOND BY ERICKSON TO APPROVE THE ORDINANCE AMENDMENT WITH
LANGUAGE THAT SPECIFIES CONDITION “e” APPLIES TO ALL “R” USE DISTRICT S .
VOTE: Ayes by Erickson and Keeney. Nays by Myser, Hedberg and Soukup. The motion failed .
MOTION BY H EDBERG, SECOND BY SOUKUP T O APPROVE THE ORDINANCE AMENDMENT WITH
LANGUAGE THAT SPECIFIES CONDITION “e” APPLIES TO “R - 1 ” USE DISTRICT .
VOTE: Ayes by Myser, H edberg and Soukup. Nays by Erickson and Keeney. The motion ca r ried.
NE W BUSINESS
Consider Approval of a Resolution Approvi ng a Minor Amendment to a Planned Unit Development
Plan Known as Jeffers Pond and a Resolution Approving a Final Plat to be Known as Jeffers Wate r-
front Add i tion.
Planner Matzke outlined the proposed minor amendment stating that the developer is asking for a redu c-
tion of interior unit sizes and a six percent reduction in overall impervious surface fo r Jeffers Waterfront A d-
dition townhomes. Tom Wolter of Mattamy Homes provided conceptual drawings of building s . No speci f-
ic building plans are proposed at thi s time. Matzke a dded that , in the past, the City Council has approved
minimum standards.
Keeney : Asked if the plats have been redrawn to show reduction in the size of the units. And whether the
reduction of size is planning for more units or more gree n space.
Matzke : Replied that the lot sizes have not yet been set. There will be the same number of units.
Keeney : Asked if development fees are based on the total value of the project and if the City does any r e-
view to assess that value.
Matzke : Re plied that the engineering department justifies the bid and the City does follow up on it. Stated
that the original bid was high so the City engineers look ed at it again. Noted that the de veloper obtaine d a
bid from a contractor to use as a b a sis.
Erick son : Asked if there will be more green space with this proposal .
Matzke : A ffirmed , stating that overall there will be about 10,000 square feet of less buil d ing.
Soukup : Asked how much class 1 product will be used.
Matzke : Replied that the o rdinance pro vides minimum standards of how much has to be used and that
four and six unit buildings will have most of the class 1 on the sides. Brick and siding are both cla ss 1 m a-
terial s and information about such product will be available at the building permit sta ge.
Hedberg : A sked for description of finishes usually used.
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Wolter : Indicated the development will be similar to a development by the Red Tail Elementary School.
Hedberg : Asked what is anticipated for finished square fo o tage.
Wolter : Replied that th e square footage will range from 1 , 500 sq uare f eet with an unfinished basement up
to 2 , 500 s quare feet . Believes all units are planned to be the same width and the reduction in size will be in
the depth.
Hedberg: Queried if that is consistent with the s taff report.
Matzke : What is being viewed is conceptual and grading plans and plans that show building renderings on
the footprint of the lots indicate a 28 - foot wide for end units . They cannot make them too much bigger and
still retain the impervious s urface requirements. Lot sizes are the same width, but the end unit is not going
all the way to the lot line.
Hedberg : Stated he is g lad to have the developer working in the City and believes that location is very
good. I n the past the City has asked fo r minimum square footage development in the plats. Favors doing
tha t because the City gives up some things in a PUD in exc hange for public benefits. Want s the d e veloper
to be able to respond to the market and this minor amendment responds to that. Asked what price point is
planned.
Wolter : Currently expects it to be around $ 185,000 – $ 200,000 , but added that changes rapidly.
Hedberg : Favors adding a square footage minimum in the PUD. Stated he has no interest in applying
architectural standards and d o es not want to unduly limit Mattamy Homes in responding to the market, but
wants to assure the product does not get changed dramatically in the future.
Matzke : Suggested that a clear definition be identified such as finished square footage or square fo otage
for the entire unit, etc.
Wolter : Commented that the development is locked in for two - car garages as the plat limits that in its d e-
sign.
Hedberg : Asked if it would be consistent with the developer’s plan to state that the minimum is 1 , 500 f i-
nis hed square feet with a two - car garage.
Wolter : Suggested the minimum be 1,450 to allow more flexibility.
Hedberg : Stated he favors establishing a two - stall garage and 1 , 450 finished sq uare feet as minimum
standards for the PUD.
Myser : Asked wh y minim ums would be established as it seems the developer should be able to make the
decisions about what sells in the market.
Hedberg : Agreed that would be the case when developers are working under standard ordinances. In this
case, a PUD has been established where the City has made concessions with zoning ordinances in e x-
change for certain public benefits.
Myser : Asked why the City would not propose something else such as raingardens to improve runoff r a-
ther than regulating the area of space.
Erickson : S tated that this is a PUD and the C ity acquired the benefits of land for a school and park . This
proposal is just a minor amendment ; the lots are plotted and the homes will be attached so not much can
be changed. B elieves establishing the minimum square f ootage might not be rel e vant.
Keeney : The benefit of a PUD for people who move into these neighborhoods is the consistency. Pro b-
lems arise if it is half built and the developer wants to finish it with anything that will sell. Early buyers are
damaged b y that when smaller, lower priced units come in that reduce the value of the neighborhood. B e-
lieves it is n ot out of line to say there is a minimum unit size so there is no problem in the future with expe c-
tations changing.
Matzke : Stated it could be atta ched to the resolution as a condition and it would be monitored at the buil d-
ing permit stage.
Keeney : Affirmed that it becomes part of the zoning of the PUD.
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Hedberg : Commented that he wants to know what the developer can deal with and build it into the r e-
quirements.
Wolter: Stated that the units will look the same on the outside regardless of the square footage. Noted
that this is not comparable to a single family development.
MOTION BY HEDBERG, S ECOND BY KEENEY TO APPROVE RESOLUTION 11 - 020 APPR OVING A
MINOR AMENDMENT TO THE FINAL PUD PLAN FOR JEFFERS POND, SUBJECT TO THE LISTED
CONDITIONS AS WELL AS ADDITIONAL CONDITIONS OF A MINIMUM OF TWO - STALL GARAGES
AND 1,450 FINISHED SQUARE FEET .
VOTE: Ayes by Hedberg, Keeney and Soukup. Myser and Ericks on opposed. The motion ca r ried.
MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 11 - 021 APPROVING A
FINAL PLAT KNOWN AS JEFFERS WATERFRONT ADDITION SUBJECT TO THE LISTED COND I-
TIONS; AND AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A D E VELOP MENT CO N-
TRACT ON BEHALF OF THE CITY.
VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried.
OTHER BUSINESS
Community Events
Keeney: Encourage d everyone to support the G irl S cout troops during “cookie season.”
EXECUTIVE SESS ION
The meeting recessed at 10:57 p.m. in order for the Council to meet in Executive Session to discuss the
AFSCME Labor Negotiations.
The Mayor reconvened the meeting at 12:20 a.m indicating that the C ity C ouncil received a report from
staff regarding n ego t iations with AFSCME for 2011 which required no action on behalf of the C ity C ou n cil. .
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Erickson and
seconded by Keeney. With all in favor, the meeting adjourned at 12:23 a.m.
_ ___ _______________________________ __ ________________________________ _
Frank Boyles, City Manager Charlotte Green, Administrative Asst.
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