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HomeMy WebLinkAbout05 07 12 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES May 7 , 201 2 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 Attor ney Pace , City Engineer/Inspections Director Poppler, Pr o- ject Engineer Thongvanh, Finance Director Erickson, Public Works/Natural Resources Director Gehler, Facil i- ties, Fleet, Na tu ral R e sources Manager Friedges, Community and Economic Development Director Rogness , Pla n ner Matzke, Fire Chief Hartman, Assistant City Ma nager Kansier, Assistant City Manager Meyer , and A d- mini s trative Assi s 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 minute s 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 polit i cal agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Cou n cil, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Counci l may discuss but will 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. AP PROVAL OF AGENDA MOTION BY ERICKSON , S ECOND BY HEDBERG TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myser, Erickson , Hedberg, Keeney and Soukup . The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENEY , S ECOND BY ERICKSON TO APPROVE THE M INUTES OF THE APRIL 16 , 2012 , MEETING AS PRESEN T ED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG , SECOND BY KEENEY TO APPROVE THE MINUTES OF THE MAY 1, 2012, MEE T- ING AS PRESENTED. VOTE: Ayes by Myser , Erickson, Hedberg and Keeney. Councilmember Soukup abstained due to her a b sence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Ap proval of First Quarter 2012 Investment Report C. Consider Approval of Resolution 12 - 059 Authorizing the Mayor and City Manager to Enter into a Grant Agreement with the Minnesota Department of Natural Resources for Receipt of a $25,000 Community Forest Bo nding Grant. Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com D. Consider Approval of Resolution 12 - 060 Authorizing the Execution of a Shared Use Agreement with Scott County for the Spring Lake Park Development E. Consider Resolution 12 - 061 Authorizing the City Manager to Purchase Fuel in Amounts Gre ater than $20,000 F. Consider Approval of an Employment Agreement with the City Manager Through 2012 G. Consider Approval of Resolution 12 - 062 Approving a Minor PUD Amendment for the Crystal Bay Planned Unit Development H. Consider Approval of Resolutio n 12 - 063 Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement with Scott County for Participation in the Sentencing to Service Program I. Consider Approval of Resolution 12 - 064 Authorizing the 2012 Insurance Policy Renewals J. Co nsider Approval of Resolution 12 - 065 Adopting the Economic Development Revolving Loan Fund Guidelines Councilmember Keeney requested that item 5F, Consider Approval of an Employment Agreement with the City Manager Through 2012 , be removed from the Consen t Agenda for comment. Councilmember Hedberg requested that item 5D , Consider Approval of Resolution 12 - 060 Authorizing the Execution of a Shared Use Agreement with Scott County for the Spring Lake Park Development , be removed from the Consent Agenda for c omment. Mayor Myser requested that item 5I, Consider Approval of Resolution 12 - 064 Authorizing the 2012 Insu r ance Policy Renewals , be removed from the Consent Agenda for discussion. MOTION B Y SOUKUP , S ECOND BY KEENEY T O APPROVE THE CONSENT AGENDA AS MOD I FIED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Keeney: Stated that a Council subcommittee was appointed to conduct the City Manager’s evaluation; and the entire Council evaluates performance and recommends compens ation and contract. Stated that City Ma n ager Boyles received high marks and thanked him for his performance. Noted that the evaluation of the City Mana g- er is the Council’s opportunity to provide an evaluation of all City staff as the manager’s role canno t be fulfilled alone . Hedberg : Commented that Scott County is going to be developing Spring Lake Park using both County and Three Rivers funding. Noted that H oward Lake Road will be closed fro m the south by May 15 and the park will have trails, a parki ng lot and other us e ful facilities before the summer is over. Myser : Commented that the insurance renewal is at an approximate seven percent increase. Asked the cause of the increase and a clarification of the comment regarding experience. J. Erickson: A ffirmed that the municipal liability insurance increased based on level of expenditures for oper a- tions and projects that are planned in the C apital Improvement Program . Stated she is seeking i n formation from the League on whether the loss history is bas ed on a three - year or five - year history, but noted that the City has experienced claims. Erickson : Stated that membership in the League of Minnesota Cities benefits the City beyond the low insu r- ance rates noting that the City receive d dividends in lia bility and worker’s compensation insurance rates. J. Erickson: Affirmed that when the League of Minnesota Cities Insurance Trust realizes savings, they share it with their members. In 2011, the City received $ 38,000 for proper ty insurance and $ 65,000 f or worker’s co m- pensation dividends . MOTION BY HEDBERG , SECOND BY SOUKUP TO APPROVE ITEM 5D, CONSIDER APPROVA L OF RES O- LUTION 12 - 060 AUTHORIZING THE EXEC UTION OF A SHARED US E AGREEMENT WITH SCO TT COUNTY FOR THE SPRING LAKE PARK DEVELOPMENT ; ITEM 5F, CONSIDE R APPROVAL OF AN EMP LOYMENT 2 05 07 2012 City Council Minutes AGREEMENT WITH THE C ITY MANAGER THROUGH 2012 ; AND ITEM 5 I, CONSIDER APPROVAL OF RESOLUTION 12 - 064 AUTHORIZING THE 2012 INSURANCE POLICY REN E W ALS . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Badge Presentation Ceremony to New Firefighters Fire Chief Hartman described the training program for new firefighters and introduced them. Mayor Myser a d- ministered the Oath of Office to Shane Bachman , Jeremy Beck , Tyler Fink and Russ Sa a toff . Firefighter Retirement - Clarence (Jim) Weber Fire Chief Hartmann informed the Council that Jim Weber is retiring from the Prior Lake Fire Department after 43 years of service. Hartman stated that Weber is the longest serving firefighter on record and provided his b i- ography. Weber was presented with a gold watch from the Fire Department . Mayor Myser presented a fir e- fighter badge encased in acrylic from the City and s poke of the commitment and sacrifices given by firefigh t ers. Thanked Weber for hi s role mode l ing and service. Discussion of a Concept Plan to Subdivide an Existing 7.4 - Acre Commercial Lot into Four Commercial Lots Community and Economic Development Director Rogness stated that Copper Creek Partners LLC, would be presenting a concep t plan for the site commonly known as Diggers. Noted that discussions of concept plan s are considered advisory and not binding. Stated this property is not currently being used to its highest and best use. The c oncept is to divide the property into mult iple commercial parcels which would require s treet access. The City’s Comp rehensive Plan guides the site as commercial retail business , which is pr o posed to be changed. Displayed the proposed roadway changes. Stated that the Planning Commission comment s were generally f a- vorable of the concept. Applicant Greg Schweich presented a PowerPoint speaking of the City’s need for commercial property and the visibility from Hwy 13 for this property. Stated he has discussed purchasing add i- tional property from t he property owner to the north. Believes the plan could clean up the wetlands and provide additional support to the southern part of downtown. Rogness pointed out that staff have raised a number of questions about the concept and will continue to work on them if the plan goes forward. Comments: Hedberg : Asked if any commercial lots would be added if the roadway were extended to Arcadia. Schweich : Replied there could possibly be another commercial lot to the north and residential to the west of the site . Hedberg : Acknowledged there is steep topography to work with. Stated his attraction to the notion of subdivi d- ing this property into four commercial parcels. Putting the street through is attractive because it connects dow n- town to the S outh L ake V illag e area and c reates a south entrance to the downtown, which the developer seeks to have signalized. The plan also c reates a straight connection with Franklin and it could resolve some compl i- cations that are envisioned at Duluth and CR 21. Concerns to be a ddressed include whether or not a signal on Hwy 13 can be justified and approved; and whether wetland mitigation challenges can be met if putting a road through the vacant lowland. Stated that the Council envisions a process engaging the public around wha t to do with Arcadia and the public should have input on this concept as it would change the nature of downtown. Soukup: Stated t his plan is interesting and different. It could connect downtown and S outh L ake V illage. E x- pressed concerns about the road g oing through wetlands and to existing lots. Erickson : Concurred with the creativity of the concept . Asked about the required distance between two signa l- ized intersections and whether there is enough room to meet the MnDOT standards. Poppler : Replied t hat MnDOT typically likes a half mile between signals; but the City might successfully push for signalizing. Erickson : Believes that should be known before moving forward. 3 05 07 2012 City Council Minutes Keeney: Expressed appreciation to the developers for bringing their ideas to Prio r Lake. Agree d that the cu r- rent crossing at Franklin and Anna Trail could be improved. Asked about the Pleasant and Hwy 13 interse c tion improvements. Poppler : Replied that is scheduled for 2016 . Keeney : Asked if this concept could co - exist with that pl an. Poppler : Replied that downtown may not need a Pleasant Street access if this were developed. Keeney : Asked about the feasibility of a f rontage road connecting Pleasant to Hwy 13 and whether that could eliminate the need for signalizing at Pleasant. A sked if there is intent for property acquisitions as parts of this concept seem to depend on property that deve l opers do not have control of. Schweich: Replied that the Digger’s property is under contract. Keeney : Asked if they are considering City assistance in acquisition of property. Schweich : A ffirmed. Keeney: Stated it would be a challenging proposition to get City assistance for that. This concept changes many of the ideas of the south downtown study and he believes that study should be pre sented before moving forward. Myser : Stated this property has not been properly utilized and is ripe for an opportunity. Believes the t i m ing is perfect because of the downtown traffic study that is being evaluated. Qu estioned the property needed to the north and how the wetlands will be impacted as well as the impacts to plans for Pleasant Street. Poppler : Responded that would be evaluated with the study. Myser: Commented he often hears about how important it is to have proper movement through an area and will want to know about that potential wi th this property. Hedberg : Asked where residential and commercial areas are envisioned. Schweich: Replied that commercial areas are planned to the north and residential areas to the west. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Report and Provide Direction for the South Downtown Traffic Study City Engineer / Inspections Director Poppler distributed the Planning Considerations Map and d isplayed the transitional t own center . Bry an Nemeth from Bolton & Menk spoke to the importance of defining street co n- figurations so residents and businesses can plan with some certainty. Described the parameters of the pr o- posed study area. Described previous studies that have bee n un dertaken and direction provided by Council subsequent to those studies. Proposed the street network in south downtown should be consistent with the CR 21 plan, provide connectivity for multiple travel modes, provide access to businesses as well as acc ess b e tween Duluth and the intersection of CR 21 and Arcadia. Proposed options for completion that could include develo p- ers, City acquisition of property or use of eminent domain. Comments: Keeney : Commented it is daunting to think of the need to make the decisions and questioned whether the Council should direct the study or whether the direction will be a result of the goals of the study . Stated that without a specific plan and demonstrated benefit , he will be very hesitant to acquire properties in a n accelera t ed manner and noted that the Council d ecided not to use eminent domain previously due to residential prope r ties. Stated he will not favor a study with massive eminent domain or condemnation. Believes traffic from St. M i- chael’s should be includ ed in this study as well as the property to the east and west of Duluth on CR 21. E x- pressed an interest in having the plan include parking. Poppler : Responded that an in - depth study on parking is not included , but in cidental parking will be. Keeney : Co mmented that a frontage road concept along Hwy 13 might be wor th considering along with the Copper Creek concept . 4 05 07 2012 City Council Minutes Erickson : Asked about plans for improving walking and biking in the area as that is currently challen g ing . Poppler : Displayed the graphic s how ing current sidewalks and trails and stated c onnectivity to those will be considered. Erickson : Asked if extending the trail along Hwy 13 to the downtown area can be considered . Poppler : Replied if that is the desire of the Council, it can be done. Erickson: Stated that consideration of the benefit vs. cost for the acquisition of property is of a different d e gree when considering one or two properties vs. many properties. Reiterated his desire for the downtown to be more accessible for types of tra nsportation other than an aut o mobile. Soukup: Expressed concern about property acquisition. Stated the p revious studies were well described. Next step is to get feedback from the public and determine what is in the best interest of the City. Agreed the re is need to have a good tra f fic flow through the downtown area. Hedberg : Stated the City has known that investors for the downtown area have concerns about what the tra f fic pattern will be and who will assemble the properties , and that was the reason for commissioning the studies and agreeing to improvements for the Arcadia intersection. Reiterated his understanding that the intersection at Main and CR 21 is anticipated to fail by 2017. Poppler : Solutions to that may involve closing Main and doing som ething with Pleasant Street access . Hedberg : Stated that a traffic study is all about what is the best alignment. If the answer is to realign CR 21, it may wait a long time. If the answer is that it is practical to have a more rectangular block structur e with Arc a dia cutting through to Anna Trail which would entail about five properties, he could advocate for a clear me s sage to residences and businesses and get the job done as soon as it could be funded . Wants a study to tell us what will ensure good tr affic flow so Council can decide whether to do it soon or wait to deal with it. Nemeth : Agreed it is desirable to impact the fewest number of properties, but noted that more properties can be acquired if it is a developer - driven project. Hedberg : Ex pressed his assumption that the extension of Arcadia to Pleasant would be City - driven because the streetscape of south downtown is being created. A more significant project such as proposed in the co n cept plan presented earlier at the meeting would entail serious negotiations because developers would be a major player in the construction of the street. Myser: Stated t his decision im pacts downtown and it is important to make the right long - term decisions. Will support the report and its proposal for the items to be covered . Support s Keeney ’s comments about the need to put a plan in place for parking. Stated he would want the study to look for options and the pros and cons of each as well as associated costs so the Council can then discuss what to do a nd what to ask for input from the community. Cannot comment on whether growth should be city or developer dri v en. Keeney : Stated he does not think traffic circulation throughout downtown is the right problem to be solv ing, and the problem is access in a n d out of commercial properties. The extension of Arcadia was to get from CR 21 into the south half of downtown and back out and that is also why the Pleasant access is important. Suggested framing discussions about how to have access in and out of downto wn are as rather than how to get where you want to be in downtown once you have a c cessed it. Hedberg : Stated there are circulation issues with crossing from the north to the south side of downtown and the south side business es have a circulation flow probl em. Soukup : Commented that other discussions haven’t gone as far south as Anna Trail. Believes we should be looking for ways to move traffic in more than just the downtown area. Stated the entire City needs to be co n- nected rather than pockets here and there. Erickson : Believes that traffic movement to get into the downtown is important and then circulation to get around in the downtown area is needed . Questi oned the distance between some signaled interse c tion s . Nemeth : Replied that CR 21 is a c ounty road and Hwy 13 is a state highway so signal spacing is different. Myser : Asked the Council if there is consensus about whether parking should be included in the study. Erickson : Agreed parking is important, but if the study is too broad, we may not get what we are looking for. Suggested that parking should be a different study and asked Nemeth for feedback about that. 5 05 07 2012 City Council Minutes Nemeth : Stated that adding parking to the study can affect roadway selection. Noted that the best roadway alignment could be selected and then parking fit into it. Soukup : Stated that if parking were to be included, she would want to see more cos t - effective alternatives than massive parking structures. Myser : Stated that it seems the best time to plan for parking in the south downtown so it is part of the coh e sive whole. Hedberg : Sees the point of a holistic approach but has concerns about scope. Erickson : Cautioned against “creep” and adding more concepts to the study. Boyles : Noted that c onversation has been comprehensive about flow - through, access and modes of transpo r- tation. Stated he would prefer a comprehensive view that has been shared with the pu b lic. Keeney : Suggested another consultant might be more appropriate for the parking questions to learn how much parking is nee ded before deciding where to put it. Boyles : Replied that o ne of the studies done in the past was a parking study. Parameters and assumptions may have to be checked, but the number of required parking stalls has been determined. Keeney : Suggested not starting with parking, but rather narrow this down to a couple of concepts and then put the parking in. Questioned whether the businesses that have been identified as traffic generators (Premier Dance, St. Michael’s) should have specifics addressed to the m in the study. Myser : Asked if the study will look at traffic patterns based on the types of business in dow n town . Nemeth : Affirmed. Replied they w ill look at total traffic development, how much parking is needed, type of businesses, square footage of businesses and the t raffic they generate. Poppler : Added that b etween the Maxfield study and the parking study from 2008 , we will be able to get good numbers on needed parking and a location for it. Pace : Stated that as sites redevelop there are req uirements for onsite parking. Erickson : Noted he would want the area to be as pedestrian and bike friendly as possible, including a trail pa r- allel to Hwy 13. Myser : Commented that Hwy 13 may be outside of the area being considered. Erickson : Believe s it could be a safety issue with young people biking to St. Michael’s. Hedberg : Commented he likes the consideration of multi - modal transportation as long as it stays in the ge o- graphic area of downtown. Soukup : Believes bikes should not be on Hwy 13 and that a lternative routes for pedestrian and bikes is much safer for the community at large. Erickson: Referred to the off - street trail running parallel to Hwy 13 south of Panama. Po ppler: Spoke about planning for upcoming meetings. The first open house is scheduled for June 5. Appl i- cants are sought to serve on a citizen / business group to address the south downtown area. Invited those who are interested to download an application from the City’s Website or contact him directly. Consider Approv al of Three Resolutions for the Boudin’s Phase II Improvement Project (City Project #12 - 011) 1. Accepting Bids and Awarding the City’s Standardized Construction Contract 2. Accepting Proposals and Authorizing Bolton and Menk to Provide Construction Staking 3. Accep ting Proposals and Authorizing Element Materials Technology to Provide Construction Tes t ing City Engineer / Inspections Director Poppler described the Boudin’s Phase II construction project. D e scribed the bids received explaining that bids were higher tha n engineer’s estimate s which is typical of the market this year with fewer bidders and higher fuel costs . Stated that b ecause bids came in higher, a meeting was held to talk about the bid and ways to reduce pricing for the project. Eight line items made up 86% of the increase with the largest due to excavation costs as m uch of the removed soil is unusable. Other areas for p o tential savings are reusing existing bituminous as base for the project on higher elevation streets for a $50,000 savings; and reduc ing street widths to achieve $27,000 savings . Stated that reducing the quality of the roa d way from a 25 - year life to 18 - year life on all of the project’s roadways except Boudin’s Street could result in $70,000 savings 6 05 07 2012 City Council Minutes but staff does not recommend that. S taff could support reusing bituminous and reducing street width. Di s- cussed the need to award construction staking and tes t ing. Comments: Erickson : Expressed u nderstand ing of the higher bids this year. Does not support reducing quality of the roadways t o an 18 - year life. Could support re - milling the bituminous for use where appropriate. Noted that r e- duced street widths would reduce impervious surface and could enhance water quality; but believes street widths were chosen for a reason. Asked what conce rns there would be with reducing widths. Poppler : Described adjacent streets and their exits and entrances. Suggested that in light of the bids and li m- ited driveways, it could be a good option to reduce Boudin’s from Watersedge to Lois to a 28’ width. Erickson : Asked if that would result in parking on just one side . Poppler : Replied that would not happen a utomatically. If neighbors identified an issue, it could be done. Erickson : Asked if there would be space for emergency vehicles if cars parked on both sides of a 28’ roa d way. Poppler : Replied there would be enough space although that would be difficult on a 24’ width. Some streets have been at this width and no concerns have been expressed. Erickson : Would support reduced street width and reu sing bituminous, but not the 18 - year life. Keeney : Concurred. Discussed the cost of removing bad soil . Poppler : Responded t hat line item can fluctuate depending on where they plan to use the soil. If the contra c tor has a nearby site for depositing, the cost can be much less. Stated that the contractor would consider r e ducing th at cost if the City could find a location to store the materials. Keeney : Asked if the association lot has any on - site parking or just parking on the roadway. Poppler : On the roadway. Keeney : Asked if the City has a change option if a location could be found for the excavated mater i als. Poppler : Affirmed . Hedberg : Will support the project. Encouraged being first in the market to solicit bids in future years. Does not sup port the 18 - year life proposal. Will support re - using bituminous. Suggested consider ing a 28’ width on Boudin’s all the way to Timothy noting that narrower street widths reduces traffic speed. Soukup : Stated that street parking is still available on the narrower widths and emergency vehicles can still get through. Does not support 18 - year life road construction. Noted that the City often experiences issues with soil conditions. Myser : Concurs with previous comments. Asked if there are concerns with extending a 28’ width on Boudin’s all the way to Timothy. Poppler : Replied that 32 additional homes would be using the roadway when extending that width all the way to Timothy. Noted that this contractor has other work lined up and does not plan t o start the project until mid - June so there is time to provide different engineering plans for Boudin’s up to Lois, but perhaps not all the way to Timothy and the project could be delayed . Soukup : Stated she is not clear on what the benefits are for exten ding the 28’ f oot width to Tim o thy. Keeney : Not in favor of delaying the project. Myser: Concurred with not delaying the project. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 12 - 066 ACCEPTING BIDS AND AWARDING THE CITY’S STANDARDI ZED CONSTRUCTION CONTRACT FOR THE BOUDIN’S PHASE II IMPROVEMENT PROJECT (CITY PROJECT #12 - 011) WITH DIRECTION TO RE - USE BITUMINOUS AND TO REDUCE STREET WIDTH ON BOUDIN'S STREET BETWEEN WATERSEDGE TRAIL AND LOIS AV E- NUE. VOTE: Ayes by Myser, Erickson, Hed berg, Keeney and Soukup. The motion carried. 7 05 07 2012 City Council Minutes MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 067 AUTHORIZING BO L- TON AND MENK TO PROVIDE CONSTRUCTION STAKING SERVICES FOR THE 2012 CONSTRUCTION PROJECT. VOTE: Ayes by Myser, Erickson, Hedberg , Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 12 - 068 AUTHORIZING EL E- MENT MATERIALS TECHNOLOGY TO PROVIDE CONSTRUCTION TESTING SERVICES FOR THE 2012 CONSTRUCTION PROJECT. VOTE: Ayes by Myser, Erickson , Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Eagle Creek E s tates Planner Matzke described location of the site and current zoning. Discussed the access from Fish Point Road, stormwater manag ement plans, proposed area for a park , and trail connectivity as well as landscape and tree replacement plans. City Engineer / Inspections Director Poppler discussed utility plans and connectivity to adjacent neighborhood s and roadways. Spoke of the difficulty of site grading due to topography and land - locked basins. Stated that a r oundabout is proposed for Fish Point Road to move traffic in the most efficient manner. Developer Ray Brandt was in attendance. Comments: Pace : Suggested a provision be included to the conditions to address the phasing issue that says the final plat must provide a phasing plan consistent with the provisions defined in the subdivision ordinance . This parallels S tate statute and require s tha t if it is not final platted within two years the prelim inary plat is invalid and rezo n ing provisions would a p ply. Myser : Asked if that is not part of the normal development contract. Pace : Replied it s hould be a condition that goes in the preliminary pl at resolution. Soukup : Commented that the Fish Point Road connection has been planned and w ill move forward with this proposal. Asked the timeline for development. Matzke: Replied the grading permit and final plat need to be finalized . Initial phase development will take all summer. Brandt : Added that financing remains to be finalized, but the first phase is expected to be done this fall. Asked about timeline for second phase. Pace : Replied that the Council is allowed to extend preliminary plat ap proval. If it the final plat is not done wit h- in the time allowed, the preliminary plat is void and the process starts over. The benefit of platting ou t lots is that development fees do not have to be paid until the final plat . Need to have schedule of ph asing as part of the preliminary plat. Brandt : Anticipates the second phase will happen next year and perhaps the third phas e also. Part of the third phase needs neighboring land to get the sewer. Soukup : Asked if the commercial area around outlot G w ill be pad ready. Poppler : Replied that the services will be in, but the area around outlot H will provide future ponding and that will have to be constructed. Hedberg : Asked about the area around outlot F and whether it will be graded for building pad s below the level of CR 21. Poppler : Replied that the whole development will be below CR 21 and the residential home backyards are downhill from commercial. Hedberg : Will support. Keeney : Asked if the Markley Lake plans are included with this prelim inary plat. Poppler : Will work with developer on that, noting that this site will have its own stormwater plan if they do not i n- corporate the Markley Lake components. 8 05 07 2012 City Council Minutes Keeney : Asked if staff has concerns about the City being in a position where the Markley Lake plan could not be implemented. Poppler : Replied that will be worked out between the prelim inary plan and final plan. Brandt : Acknowledged that there is a stormwater management report that covers both Markley Lake and this site and City staff has re quested that this site work with the Markley Lake plan. Keeney : Commented that it is a complication to look at putting in some regional stormwater facilities that have to be compatible with that regional plan. Brandt : Stated there is one pond that wi ll only be partially built until land to the east is developed. Keeney : Asked if there will be additional buffering due to zoning between commercial and residential around outlot F. Matzke : Buffering ordinances between residential and commercial sites will be met . Keeney : Commented that p urchasers of lot s will be aware that they will be next to commercial property. Erickson : Asked if emergency vehicles can navigate the parameters of the roundabout. Poppler : Affirmed that there are size standards t o be met for emergency vehicles as well as se m i - trucks . Erickson : Asked if there are prospects for the commercial area. Brandt : Stated he is working with someone for a convenience store. Hedberg: Commented that the most significant screening between res idential and commercial is the diffe r ence in grading. MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 069 APPROVING A PR E- LIMINARY PLAT TO BE KNOWN AS EAGLE CREEK ESTATES. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Rade r machers 2nd A d- dition Planner Matzke described the site stating that McDonald’s was o riginally constructed in 1980 and remo d eled in 1990. This proposal is to com pletely rebuild McDonald’s. The impervious surface and number of parking stalls will be increased. The current easement on neighboring property will not be use d and all parking will be on th i s property. Described access, landscaping plan, building eleva tion, design and materials . Planning Commission has reviewed and approved. Ray Croaston, McDonalds Area Manager was present. Comments: Hedberg : Commented that McDonald’s has been an institution in Prior Lake for over 30 years and he is pleased at the reinvestment. Asked how long they will be closed. Croaston : 90 days . Hedberg : Will support. Soukup : Understands that how businesses deal with their consumer base is changing. Wished them luck. Will support. Erickson : Will support. Asked the value o f the project. Croaston : A pproximately one million dollar s . Keeney: Clarified the area that would be usable for trailer parking as well as access and egress to the site for such vehicles. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 07 0 APPROVING A PRELI M- INARY PLAT TO BE KNOWN AS R A DERMACHERS SECOND ADDITION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Approving the Final Plat and Development Contract for Hickory S hores 3rd Addition 9 05 07 2012 City Council Minutes Planner Matzke described the final plat of 12 lots and one outlot area for future development. Stated this is a Planned Unit Development and the City has received park land as special consideration. Displayed the area on the map. Spok e of the fourth addition and future utilities and road way options that could be co n sidered. Comments: Keeney : Asked if the road and utilities would be constructed across outlot A. Matzke : Replied that a temporary cul - de - sac would be installed. Stated the d eveloper has the final plat applic a- tion in for phase four . Keeney: Affirmed that it is the same developer with the same preliminary plat so we allow phasing. Matzke: Confirmed that is why it is being considered. Also, the sewer, water and s tormwat er management for this area goes to the north to the existing development . Poppler : Affirmed it is the drainage divide where the water flows north to the area that has already been deve l- oped. The remainder flows to the south and stormwater plans are bein g developed for the last phase. Keeney : Queried whether another developer would have issues about getting sewer connections across the property if something went wrong such as this developer selling the property. Asked if the City would be protec t- ed becau se it was platted togeth er as one prelim i nary plat. Poppler : Replied the remaining four lots to the south need a lift station due to elevation . Pace : Affirmed that the appropriate questions are being asked, but since this process is so advanced and the f ourth addition is coming right behind it, the connection can be addressed through the next plat. Keeney : Sought confirmation that no action taken here would compromise the rest of the area if it does not happen. Pace : Stated it does put the City at ri sk. Ordinance provides that you connect streets from one end of the plat to the other. When the first addition was final platted in 2006 , for some reason the extension was not put through to Golden Pond. If Golden Pond develops, they will expect sewer a nd water across Hickory Shores. Stated the City w ill be in no worse position by approving third addition than it already w as . When the fourth a d- dition comes in the connection must be dealt with as there are only four lots left and if a developer walks aw ay, there will be this short amount of street that is not connected. Sewer is not available to serve the last four lots because of need a lift station. Affirmed that there is a problem and the intention is to deal with it in the fourth add i tion. Matzke : Pointed out that what is shown as outlot A in the third addition, will become the fourth addition. MOTION BY HEDBERG , SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 071 APPROVING THE F I- NAL PLAT OF HICKORY SHORES THIRE ADDITION AND DEVELOPMENT CONTRACT AND S ETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Soukup: Congratulated Hedberg on birth of grandchild. Erickson: Stat ed that Club Prior’s last dance of the season will be held this upcoming Thursday night. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Soukup and seconded by Hedberg . With all in favor, the meeting adjourned at 10:40 p.m. __________________________________ ________________________________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 10 05 07 2012 City Council Minutes