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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA July 1S, 2007 Sp.rn. Hall 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. 3. APPROVAL OF AGENDA 4. CONSIDER APPROVAL OF JUNE 18, 2007, MEETING MINUTES 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of 2nd Quarter Budget Summary Reports and General Fund Overview. D. Consider Approval of 2nd Quarter Investment Report. E. Consider Approval of June and First Half Building Permit Reports. F. Consider Approval of Animal Warden Report. G. Consider Approval of June and Second Quarter Fire Call Reports. H. Consider Approval of a Temporary On-sale Intoxicating Liquor License for Prior Lake Chamber of Commerce for Lakefront Days. I. Consider Approval of a Resolution Accepting the Bids and Authorizing the Execution of Two City Standardized Construction Contracts for the Purchase and Installation of Standardized Equipment for the 2007 Lift Station Reconstruction Project. J. Consider Approval of a Massage Therapy License For Judy Coursolle. K. Consider Approval of a Resolution Waiving Platting Requirements for the Subdivision of Property Located at 2490 Spring Lake Road SW (Boeck Property). L. Consider Approval of a Report on the Status of Boat Slip Usage and Patrolling. M. Consider Approval of a Resolution Approving Amendment NO.1 to the Jeffers Pond Development Agreement. N. Consider Approval of a Resolution Approving a Private Use of Public Right-of-Way Permit for Flint Road. O. Consider Approval of a Resolution Ordering Preparation of a Feasibility Report for the 2008 Reconstruction Improvement Project, City Project #08-011. P. Consider Approval of a Resolution Authorizing Safe & Sober Communities Funding for the Period October 1, 2007, to September 30, 2008. Q. Consider Approval of Two Resolutions Approving Prior Lake Optimist Premise Permits for Lawful Gambling. R. Consider Approval a Resolution Approving Prior Lake VFW Post #6208 Premise Permit for Lawful Gambling. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. Communications Update. B. Presentation to Todd Hanson. C. Introduce New Code Enforcement Officer, Jesse Corrow. 8. PUBLIC HEARINGS A. No public hearing is scheduled. 9. OLD BUSINESS A. Consider Approval of a Resolution Accepting the Commerce Avenue Extension Feasibility Study. B. Consider Approval of a Resolution Authorizing the Execution of a Development Agreement By and Between the City Of Prior Lake and Premiere Dance Academy, LLC. C. Consider Approval of the Process for Creating the Public Works Consultant Pool and Vendors List. D. Report Regarding the City's Authority to Regulate Placement of Docks and Whether the City Can Require Property Owners to Mediate Disputes Before Bringing Such Matters to District Court. E. Consider a Resolution Approving the Public Works Design Manual. F. Consider Approval of a Resolution Approving a Conservation Easement over Eight Acres at Five Hawks and a Resolution Approving a Contribution to the Jeffers Pond Interpretive Center Building. G. Consider Approval of a Resolution Approving an Agreement with Windsong on the Lake for the CR 21 Fence Construction. H. Consider Approval of Three Ordinance Amendments Relating to: 1) Section 308.800 - Tobacco; 2) Section 601 - Refuse; and 3) Section 609 - Portable Toilets. 10. NEW BUSINESS A. Consider Approval of a Resolution Regarding City of Prior Lake Vehicle and Facility Energy Conservation and Alternatives Plan. B. Consider Approval of a Resolution Approving the Combined Preliminary and Final Plat to be known as Evanston Place. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events B. Executive Session. 12. ADJOURNMENT City Council Meeting Minutes June 18, 2007 DRAFT REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Deputy Mayor LeMair, Councilors Erickson, Hedberg and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Water Resources Engineer Bintner, Public Works Coordinator Wittkopf, Planning Director Kansier, Planning Coordinator Moore, Planner Matzke, As- sistant City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. Mayor Haugen was absent. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Speakers receive a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE JUNE 4, 2007, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Erickson, Hedberg, Millar and LeMair. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Reports. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of Resolution 07.112 Extending the Deadline for Submittal of a Final Plat for Golden Pond. G. Consider Approval of a Resolution Approving the 2007-2008 Liquor License Renewals. H. Consider Approving Refuse Hauler License Renewals for 2007-2008. 1 City Council Meeting Minutes June 18, 2007 DRAFT I. Consider Approval of Resolution 07-114 Approving the 2008-2012 Capital Improvement Program. J. Consider Resolution 07-115 Accepting Bids and Awarding the City's Standardized Construction Con- tract for the CR 21 Street Light Project. K. Consider Approval of Resolution 07-116 Accepting Quotes and Awarding the City's Standardized Con- tract to SM Hentges for Sidewalk Construction on Hawk Ridge Road (City Project #06-15). L. Consider Approval of Resolution 07-117 Approving a Joint Powers Agreement with the Prior Lake- Spring Lake Watershed District and the City of Shakopee, and a Memorandum of Agreement with the Prior Lake-Spring Lake Watershed, City of Shakopee and the Shakopee Mdewakanton Sioux Commu- nity Governing the Prior Lake Outlet Channel. Councilor Hedberg requested that item 5B, Consider Approval of Treasurer's Report, be removed from the Consent Agenda. Councilor Erickson requested that items 5G, Consider Approval of a Resolution Approving the 2007-2008 Liquor License Renewals, and 5H, Consider Approving Refuse Hauler License Renewals for 2007-2008, be removed from the Consent Agenda. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODI. FlED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Hedberg: Commented that the Treasurer's Report reflects that the proceeds from the bond sales were achieved at attractive financing. Noted that money as well as most of the finances for the construction of the water treatment facility is subject to arbitrage regulations. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE TREASURER'S REPORT. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Stated that two of the businesses requesting liquor license renewal did not pass the compliance check for tobacco last year and one of them will incur a two-year suspension. Stated he wanted to point out that these are temporary licenses and if the standards are not met, the licenses can be withdrawn. Hedberg: Asked if the City has the authority to revoke a liquor licenses for not meeting tobacco license standards. Pace: Replied that a liquor license violation does not result in an automatic revocation but rather a process is followed to assure that it is appropriate to revoke the license. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07-113 APPROVING THE 2007-2008 LIQUOR LICENSE RENEWALS. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Stated there have been violations by refuse haulers in the past year regarding standards of start time; and when it is brought to the company's attention, they temporarily cooperate and then return to the violation. Asked haulers to respond to the guidelines so the Council can continue to approve licenses. Pace: Suggested consideration of adding a provision to the zoning ordinance about times to start particu- lar activities so that fines can be imposed for breaches. LeMair: Asked if there is a formal method for documenting an infraction. 2 City Council Meeting Minutes June 18, 2007 DRAFT Boyles: Affirmed that vendors are contacted. Noted that, generally, infractions are not repeated daily, but once or twice a year. Believes that revocation of a license is extreme and that a fine may be more appro- priate. LeMair: Asked if new criteria should be provided when licenses are due for the coming year. Boyles: Replied that a letter can be sent to indicate we are looking at enforcement options. Pace: Stated that even though no ordinance is in place now, haulers can be expected to comply with it when it is acted upon even if it is mid-term of the license. Erickson: Noted there are some situations of frequent infractions, even weekly. MOTION BY ERICKSON, SECONDED BY MILLAR TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT PERTAINING TO REFUSE HAULERS AND REPORT BACK TO THE COUNCIL IN 60 DAYS. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE REFUSE HAULER LICENSE RENEWALS FOR 2007-2008. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION No presentations were made. PUBLIC HEARING No public hearings were conducted. OLD BUSINESS Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertise- ment for Bids for Construction of Water Treatment Facility. Public Works Director Albrecht and Public Works Coordinator Wittkopf reviewed the design and land- scape plans of the water treatment facility and explained how design issues are being addressed. Time- lines for related activities, anticipated construction costs and energy efficiencies were presented. Funding sources were explained along with contingency funds to accommodate possible raw material cost in- creases. Design Consultant Peterson detailed the building blueprints and Albrecht explained the antici- pated equipment storage in the garage area. Comments: Millar: Complimented the partnership of staff and residents working together on this project. Agreed with the plan for contingency money. Hedberg: Commented that the plans highlight that the building will have a neighborhood-friendly appear- ance and landscaping design, which is important. Noted there are costs associated with that, but much of it is defined by City Code requirements for materials. Asked if the hip-style roof will be a call-out in the bid Albrecht: Replied the facility is planned to have a standing steel seamed roof. That allows for the neighborhood feel and has an additional cost over a flat roof. The bid will include an alternate so it can be reconsidered if the budget is too tight. Hedberg: Stated he supports the design and appreciates this approach to bidding the project. Asked about sales tax rebate and recommended that any rebate be deposited into the Water Utility Fund to be used for offset of future utility rates. 3 City Council Meeting Minutes June 18, 2007 DRAFT Albrecht: Agreed that a portion of the building used for refinement of water has some costs that are eligi- ble for rebate from the State, but noted that we do not know how much it will be. The rebate will be ob- tained during or after construction so staff recommends offset of future rates rather than increased con- struction. Hedberg: Stated that even though the Council could use the money for other purposes, he supports the proposed use of the rebate funds to defer future increases. Erickson: Echoed compliments to the staff and building committee for work on the project. Commented on the Capital Equipment Fund and his opposition to having the State tax city and county governments be- lieving it is double taxation and is being passed onto local government. LeMair: Noted he served on this building committee and that it has been a good project and opportunity to work with citizens in the area. Stated that this is a major project that will change things in the neighborhood and items were placed in the proposal to be neighborhood-friendly. Asked how many bids are expected. Peterson: Replied there will probably be a half dozen or more competitive bidders. Pace: Asked if an alternate roof would have to be designed in order to be bid as an alternate. Albrecht: Replied the other roof is actually being built and the proposal is to install the hip-style roof over it. Noted that if the hip-style roof were not constructed, the concrete roof would need additional treatments. May recommend that we re-bid the project if it comes in too high. LeMair: Asked if the bid would have an option for an asphalt roof rather than steel. Albrecht: Replied that from a maintenance and durability perspective, a high-quality shingle product would have considerable cost also. The steel roof would be much more durable. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07-118 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF THE WATER TREATMENT FACILITY. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding the Status of Implementation of a Previous Resolution for the Improvement of the Fish Point Park Pond Outlet Channel. Water Resources Engineer Bintner reviewed the previous action of the Council and advised them that he met with the landowners. Reported they were displeased with the open channel solution and preferred a piped solution, and the meeting ended at an impasse. Reported that landowner's issues are the mainte- nance of existing retaining walls and safety concerns of the new retaining wall resulting from street projects. Staff still recommends the open channel solution. Stated the City could extend the pipe an additional eight to ten feet but believes that would not satisfy the residents. Additional piping would not be a public benefit nor fiscally prudent. Public Works Director Albrecht believes that having this channel area with only a prescriptive easement is not desired. Albrecht stated a short pipe extension could make the slope more manageable, but questioned whether it is the responsibility of the City to either repair or replace the wall of one of the landowners. Noted that a pipe extension may only serve to move the energy of the moving wa- ter to the neighboring landowner and that aspect has not been analyzed. Comments: Erickson: Stated that he visited the area and considers the elevation drop to be a safety issue and that the pipe should be extended to provide for greater safety of people on the street. Believes that construction upstream has changed the character of the holding pond and the stream, and questioned whether the hold- ing pond has the capacity to take on a heavy rainwater event. Believes the holding pond is also a mosquito breeding area. 4 City Council Meeting Minutes June 18, 2007 DRAFT Albrecht: Responded that the pond functions as a water-quality pond to facilitate removal of nutrients and the outlet structure of the pond is somewhat regulated by the lake levels. Bintner: Concurred that the pond has a skimmer structure submerged under the water and when water flows from upstream into the pond, the water level rises and flows into the visible outlet structure. Currently the channel is such need of repair that the sediment and debris is holding the level of the pond higher than it should be. Stated the critical issue to nearby resident's beaches is a large obstruction next to the lake that is overgrown with reed willows that needs to be removed. Erickson: Reiterated the safety standpoint by the roadway. Bintner: Believes the existing scenario is an improvement over the previous condition as there was no barrier curb. Agreed that the safety issue could be addressed Albrecht: Stated that even if the channel project does not move forward, there should be railing system along the roadway. If the channel is going to be improved, the efficiencies of having the equipment in place could be used to make the roadway improvements at the same time. Erickson: Asked how we keep the pond from being a mosquito breeding site if it is never emptied. Albrecht: Replied that most of ponds are treated by the Mosquito Control Agency. Erickson: Asked what the Watershed's perspective is on the channel. Albrecht: Believes they are supportive of whatever the City wants to do and have not indicated any oppo- sition to any of the proposals. Bintner: Noted that the DNR, the Watershed and the City's surface water management plan favors the use of open channels rather than pipes. We are following policy that has been coming down through wa- tershed law over the past few years. Millar: Asked about discussion of a partial pipe. Albrecht: Replied that staff agrees that an eight- to ten-foot extension would moderate the slope, but questioned the benefit of extending pipe beyond safety measures. Believes that the landowner prefers 30 feet of pipe so the retaining wall could be removed. Referred to the energy point of water coming through the culvert and the need to evaluate whether a pipe would move the energy point of the water to the neighbor's residence. Bintner: Noted that the costs for different lengths of piping have not been determined due to the variability of engineering issues to be considered. Millar: Asked what length of pipe was being considered for the $30,000 budget identified at the March meeting. Bintner: Replied it was approximately 220 feet. Erickson: Asked if baffling would reduce the velocity of water coming through the pipe. Albrecht: Agreed that could be reviewed and that designs would need to consider the impact on the neighbor. Millar: Commented that a 30-foot pipe should be better priced and asked if that would be agreeable to the landowners. Bintner: Replied that landowners think the more pipe, the better because it would help eliminate the re- taining wall. Millar: Asked how many feet of retaining wall existed. Albrecht: Replied it is about 30 feet. Millar: Suggested that 30-feet of pipe could be a compromise and should be offered if it could lead to a solution. Hedberg: Amplified points made by Councilors Erickson and Millar and reiterated that staff believes addi- tional piping is not a public benefit. Believes that there is a safety issue because of the elevation drop near the roadway and that developments approved in the mid-1980s led to the channel and pond becoming a stormwater management tool. Stated the City has a public responsibility to mitigate to the extent it can be- 5 City Council Meeting Minutes June 18, 2007 DRAFT cause the developments changed the natural condition of the channel. Believes the life of the retaining wall is impacted by increased flow from the development. Noted that the direction from Council included get- ting permanent easements so the City can maintain the channel outlet permanently and that is an important objective. Recommended that staff explore alternatives to reach an agreeable solution and allow City to gain a permanent easement, which has public benefit. LeMair: Agreed if any potential safety issue exists, it should be corrected with a guardrail and an exten- sion. Stated there may be a problem with extending it more than ten feet because of potential problems with the next landowner. Stated he is willing to consider options for a ten-foot extension. Commented that the staff seems to have a solution, but the landowners don't want it so they aren't willing to work with the City. Believes we should continue to work towards a long-term solution for the channel. Millar: Asked if there would be problems with the adjoining property. Albrecht: Replied that needs to be studied. Believes additional actions would have to be undertaken to prevent damage to that property and that staff should detail costs, assure that we are not causing new is- sues, and talk to the landowners. Hedberg: Clarified that he did not specify for a 30-foot pipe, but that the City should work with landowners on alternate solutions. Believes we should go beyond solving safety issues if they are present because the changed water course caused by development is reducing the life of the retaining wall and there are sig- nificant benefits to getting permanent easements. Pace: Advised that to the extent the City approves development but does not divert the natural course of flowing water, it does not have responsibility. When City action does divert the natural flow of water, then it does have responsibility. Stated that approving a development does not mean the water has been di- verted. Hedberg: Believes this development did divert the water; that there is more water now and that is why there is a holding pond. Erickson: Asked if there are concerns that partial piping might not work. Bintner: Replied that we would need to build elevation in the pond to push water through the piping. Emergency overflow could go over the land so we would have to maintain the path of the channel. LeMair: Stated the Council is in agreement that something else needs to be looked at. Recommended that staff do something with piping and have further discussion with the landowners. Erickson: Moved to direct staff to study the benefits and costs of different partial pipe alternatives. Albrecht: Asked for specific direction from the Council on the intended meaning of partial pipe alternative. Hedberg: Offered a second to the motion and suggested an amendment to the motion to include partial pipe solutions no longer than 30-feet acquiring permanent easements and a solution that is acceptable to both landowners. Erickson: Clarified what an appropriate length for the pipe extension would be. Albrecht: Stated he believes the intent of 30 feet is to look at the impact on the existing retaining wall. Hedberg: Agreed to have the amendment state the length of the pipe extension to be no more than ap- proximately 30 feet. Erickson: Agreed to the amended motion. MOTION BY ERICKSON, SECONDED BY HEDBERG TO DIRECT STAFF TO STUDY THE BENEFITS AND COSTS OF PARTIAL PIPE ALTERNATIVES NO GREATER THAN APPROXIMATELY 30-FEET, TO REACH A SOLUTION THAT IS ACCEPTABLE TO THE LANDOWNERS AND ACQUIRE A PERMANENT EASEMENT FROM LANDOWNERS TO ALLOW ACCESS FOR CHANNEL MAINTENANCE. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. 6 City Council Meeting Minutes June 18, 2007 DRAFT Consider Approval of a Resolution Approving the Plans and Cooperative Agreement with Scott County for the Jeffers Pass/Coachman Lane and CR 21 Traffic Signal Improvements. Public Works Director Albrecht complimented Scott County for stepping up to meet the request of Prior Lake to install this traffic signal. Explained that Prior Lake will be responsible for about half of the cost of the traffic signal and the school district will provide half of the City's cost over a three-year period. The cost will be funded from the Street Oversize Fund. Comments: Hedberg: Stated this is an important project to get accomplished to resolve the obvious safety issue. In spirit of partnership, many participants stepped up in a big way. Millar: Agreed and stated it is amazing how fast something can get done that needs to be done. Kudos to the County and school district. Erickson: Noted that another benefit in addition to safety for traffic for the school is the paths for walking and this light will allow pedestrians to cross safely. LeMair: Concurred with previous statements stating that congestion is terrible at that intersection for both school and extra-curricular activities. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07-119 APPROVING THE PLANS AND COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE JEFFERS PASS/COACHMAN LANE AND CR 21 TRAFFIC SIGNAL IMPROVEMENTS. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertise- ment for Bids for Fire Station No.2. City Manager Boyles reminded listeners that a referendum was passed to construct a fire station and pur- chase an aerial platform fire truck and a parcel was donated by Wensmann for that fire station. I&S Engi- neers and Architects representative Cipos reviewed changes from preliminary plans including a wider hose drying tower and an additional office space for police department use. Summarized the budget at $2.68 million which includes a contingency of $200,000 to be used for construction and design changes. Bill Wolters, owner's representative, presented a probable project cost summary and explained there are two alternates of epoxy sealer in the apparatus bay ($30,000) and concrete paving rather than bituminous on the approach ($80,000). Wolters stated that construction of fire station no. 2 is on same time line as the water treatment plant for letting bids, and expected occupation of the building is May 2008. Comments: Millar: Stated he worked on this building committee and that the committee considered function, cost and design while being frugal with its approach to the building. Thanked Wensmann for the donation of the par- cel. Reminded listeners that this building will also serve Allina Ambulance and the Police Department. Hedberg: Stated that fire station no. 2 has been included in the 2030 Vision and Strategic Plan for several years and the need for it has been growing. Emphasized the value of having an owner's representative appointed who has kept the project under budget and well designed. Erickson: Complimented staff, committee, architects and Wensmann for putting this together. Noted that the design will fit into the neighborhood and will function well. LeMair: Asked if there will be an alternative bid to do our landscaping. Wolters: Replied that landscaping is part of the bid, but may not be awarded as the plan is for the City staff to do the landscaping. 7 City Council Meeting Minutes June 18, 2007 DRAFT LeMair: Commented there was great collaboration by many on this project. Looks forward to seeing the bids noting that they may be competitive due to the current construction climate and the City may not have to spend all of the money budgeted for this project. Boyles: Noted that the resolution should be amended to state that an owner's representative was ap- pointed to this project. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 07-120 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR PRIOR LAKE FIRE STATION NO.2. AS AMENDED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as Summit Preserve Planned Unit Development and a Resolution Approving a Preliminary Plat to be Known as Summit Preserve. Planning Coordinator Moore outlined the preliminary plat and conditions placed upon it. Noted that bene- fits offered by the developer include a bus stop, a bike rack, themed signage, lighting along trail and a community plaza area. Stated that the Planning Commission reviewed and approved the Planned Unit De- velopment plan, and commented that this site is a unique gateway to the City and its use as a creative sense of place should be maximized. Comments: Erickson: Agreed this corner is a major gateway into Prior Lake and one of the City's most important un- developed areas. Asked if trees are being retained in the NE corner because that is where the largest con- centration of heritage trees is. Moore: Replied there are a number of them at that location. Erickson: Commented that this development will have a unique stormwater area. Also commented that the bus stop is not to be a park-and-ride spot, but for the circulator bus to make a stop there. Asked if the pathway along CR 18 will have lighting. Moore: Replied there will be some lighting, but not a lot until there is more development to the north. Albrecht: Commented that the primary lighting will be on CR 42 as this will be the lighted side of CR 42 and will hook up with CR 21 in the future. Erickson: Recalled that at one point there was talk of including a parking ramp and asked if a ramp was not considered because of aesthetics. Moore: Noted that the southwest area of the PUD where a parking lot is planned has fewer existing trees. Hedberg: Commented he was not a member of the Council when the concept plan was presented but he did review it. Stated that this meets the criteria of a mixed used development and believes the thematic use of design will be beautiful as well as the park land and trails that will be created. Approved of the crea- tive use of the stormwater ponding. Stated he is dismayed to lose 40 heritage trees, but knows the Plan- ning Commission and the developer worked hard to save those they could. Millar: Stated he is impressed with the design and its use of the topography and the plaza planned for the corner, but is concerned about losing more than 50% of the heritage trees and does not know what to do about that. Believes this development needs to be done right because it is the last big gateway into the City. Restated that his only reservation is the trees and that there is a mandate from the citizens to pre- serve the natural resources of the community. If more of the trees could be saved, he would support this PUD wholeheartedly. 8 City Council Meeting Minutes June 18, 2007 DRAFT LeMair: Commented that the developer has brought forth three concept plans and two preliminary plans and the Council had requested changes to the project. Believes everyone worked really hard to save the trees and they have managed to save almost half of them. Does not know how to save any more trees and still have buildings on the site. Believes the trees are important, but the Council needs to gauge other things too, and the amount of park land, a tot lot, a cash donation for appurtenant equipment, moving the parking lot away from the road, and using stormwater for irrigation is good. The theme is dynamic and classy and the PUD will generate a substantial amount of taxes. Believes this plan will save as many trees as possible and is still a feasible project. Millar: Asked how many heritage trees are being taken from the southwest corner parking lot. Moore: Six. Millar: Agreed with LeMair's comments about why we should have the development and the advantages to our residents, but he wants to know we've gone the extra mile to save the trees. Asked if there is any other option besides placing a parking lot on the corner. Moore: Responded that the plaza area is on the corner and no heritage trees are being removed there. Millar: Asked if there is a way to have parking and preserve some of the trees. Moore: Replied the grades, utilities and stormwater infrastructure is complex and in order to save the trees, the entire area grading would have to be reworked. Commented that it is more involved than moving a driveway, for example. Millar: Believes it is worthwhile considering. Hedberg: Asked how many heritage trees would be lost in the other large parking lot. Moore: Four, and two additional trees that staff has recommended removing because they would likely not survive. Hedberg: Commented that the two areas that looked worth pressing hard for were the two parking lots and there are 10-12 trees associated with those areas. Will withdraw his hesitation and support this pre- liminary plat. Still dismayed to lose 40 out of 75 trees, but there are many positive benefits to the devel- opment. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE RESOLUTION 07-121 APPROVING THE PRELIMINARY PLAT OF "SUMMIT PRESERVE" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. VOTE: Ayes by EriCKson, Hedberg, LeMair. Millar opposed. The motion carried. Hedberg: Stated that even though he voted in favor of the development, he was deeply torn. Millar: Stated that while he believes this will be a good development for the community, he wanted to reg- ister his concerns about tree loss. MOTION BY HEDBERG, SECONDED BY ERICKSON TO APPROVE ORDINANCE 107-10 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Erickson, Hedberg, LeMair. Millar opposed. The motion carried. Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as the Pike Lake Meadows Planned Unit Development and a Resolution Approving a Preliminary Plat to be Known as Pike Lake Meadows. Planner Matzke described the physical site characteristics and the proposed plat conditions. An updated market study was received June 13, 2007, stating that the market can support the proposed product type. 9 City Council Meeting Minutes June 18,2007 DRAFT Comments: Hedberg: Stated this plan is a good economic development and preserves the wetland with its dedication of parkland. Commented that the City has a longer-term goal to substantially preserve Pike Lake as a natural area. Asked about the timing of the future trail and boardwalk. Albrecht: Replied that it will hinge on what the City is able to acquire around Pike Lake and whether or not there is shoreline for a trail, which would probably be 10 years out. Noted that the north/south corridor would be timed to when the Vierling property will be developed and it is too far into the future to escrow funds for it. Hedberg: Noted that Manley Development has not reached agreement with the Vierling's so a smaller roadway is being built. Believes there are potential concerns that could block this development from going forward. Albrecht: Replied that this proposal does not require an agreement with the Vierling's. Stated the Vier- ling's may not be ready to develop and are uncomfortable with entering into easement agreements. The roadway is designed with curb and gutter that could be removed and widened. This development will not increase drainage issues on the Vierling property. Hedberg: Commented that this is a great development, particularly with the open space preserved. Will support it and wants to assure that the Vierling's know the City's objective is to accommodate their ongoing farm operation and they are fully within their rights to operate their farm. Millar: Will approve. Supported Hedberg's comments regarding the Vierling property. Hedberg: Asked about the quality of the exterior materials and questioned why the Planning Commission did not make exterior materials a condition. Matzke: Replied that the preliminary plat was presented earlier with these same types of materials pro- posed and was approved although it was stated that increased amounts of class 1 materials were pre- ferred. Believed the other aspects of the development were so favorable that it was approved as is. Hedberg: Asked how Class 1 materials fit with our requirements for office condos in other developments. Matzke: Replied that front-facing walls require 60% of materials of Class 1. Hedberg: Noted he will likely consider making that an additional condition. Erickson: Asked what the code is for commercial buildings for Class 1 materials. Matzke: Replied that it is for 60% of the building face should be Class 1 materials which include glass, brick, stucco and copper. Erickson: Asked if this meets our code. Matzke: Replied that it meets our codes for residential and would be a PUD modification for the commer- cial buildings. Erickson: Asked why the City would want to develop the commercial part at a lesser standard than our requirements. Matzke: Replied he believes the intent of the developer was to match the residential units. Erickson: Commented he would want the condition of the commercial town homes meeting code stan- dards in order to support this. Commented that the Vierling's stated they would not be able to pull over on the road with curb and gutter (tractor traffic), and semis would not have sufficient room to make deliveries to them. Albrecht: Replied that the new roadway will be wider than the existing roadway and the developer has offered to make curb cuts as wide as needed. Noted that Pike Lake Trail is not a heavily traveled road and there is nothing precluding a tractor from going up on the curb to allow car traffic to pass. Erickson: Stated he will support if commercial buildings have 60% of class 1 material. 10 City Council Meeting Minutes June 18, 2007 DRAFT LeMair: Questioned adding the upgrades and the associated costs and believes we have to consider the benefits of the entire project, the park land, the roadway upgrade and the extension of development ex- tended. Stated the density is lower than what the developer could have proposed and this is a nice mixed use of the property. Inclined to support because the tradeoffs are sufficient to approve a PUD. Hedberg: Stated he will support the additional condition and clarified that the condition is to apply the 60% class 1 materials to the commercial buildings. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07-122 APPROVING THE PRELIMINARY PLAT OF "PIKE LAKE MEADOWS" SUBJECT TO THE CONDITIONS OUTLINED HEREIN AND INCLUDING THE ADDITIONAL CONDITION OF REQUIRING THE COMMERCIAL BUILDING EXTERIORS BE AT LEAST 60% OF CLASS 1 MATERIALS. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE ORDINANCE 107-11 AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Erickson: Reminded viewers of the BBQ at Village Market on June 21. LeMair: Asked how the City is doing from a domestic water standpoint. Albrecht: Replied that for the first time in six years, the City used its own wells during the recent dry spell. Well #9 will be online this week. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and sec- onded by Millar. With all in favor, the meeting adjourned at 9:31 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 11