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HomeMy WebLinkAbout061807 MinutesCity Council Meeting Minutes June 18, 2007 REGULAR COUNCIL MEETING MINUTES CALL TO ORDER Present were Deputy Mayor LeMair , Council ors Erickson, Hedberg and Millar , City Manager Boyles, City Attorney Pace , Public Works Dir ector/City Engineer Albrecht, Water Resources Engineer Bintner, Public Works Coordinator Wittkopf, Planning Director Kansier, Planning Coordinator Moore, Planner Matzke, A s- sistant City Manager Meyer, Communications Coordinator Peterson and Administrative As si s tant Green. Mayor Haugen was absent. PUBLIC FORUM The Public F orum 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 m aximum of ten minutes; less if there are more than three speakers. Topics of di scussion are restricted to City governmental to p ics rather than private or political agendas. Topics on the agenda may be addressed except those to p ics that are part of a public hearing or public information hearing. The City Council will not take formal a c tion 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 Eric kson , 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 War den 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 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 Constru ction Co n- tract for the CR 21 Street Light Project. K. Consider Approval of Resolution 07 - 116 Accepting Quotes and Awarding the City’s Standardized Co n- tract to SM Hentges for Sidewalk Construction on Hawk Ridge Road (City Project #06 - 15). L. Consider App roval 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 Mdewakanto n Sioux Comm u- nity Gover n ing 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 Resolu tion 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 , S E CONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MOD I- FIED . VOTE: Aye s 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 t he constru c tion of the water trea t ment 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 suspe n sion. Stated he wanted to point out that these are temporary licenses and if the standards ar e not met, the l i censes 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 pro c ess is followed to assure that it is appropriate to r e voke 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. As ked 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 partic u- lar activities so that fines can be i m posed for breaches. L eMair : A sked if there is a formal method for documenting an infraction. 2 City Council Meeting Minutes June 18, 2007 B o yles: Affirmed that vendors are contacted. Noted that, generally, infraction s are not repeated daily , but once or twice a year. Believes that revocation of a license is extreme a nd that a fine may be more appr o- 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 thou gh 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 MILL AR 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 REFUS E HAULER L I CENSE 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 Advertis e- ment for Bids for Construction of Water Treatment Facility. Public Works Director Albrecht and Public Works Coordinator Wittkopf reviewed the design and lan d- scape plans of the water treatment fac ility and explained how design issues are being addressed. Tim e- lines for related activities, anticipated construction costs and energy efficiencies were presented. Funding sources were explained along with contingency funds to accommodate possible raw m aterial cost i n- creases . Design Consultant Peterson d etailed the building blueprints and Albrecht explained the antic i- 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 appea r- ance and landscaping design , which is important. Noted there are c osts ass ociated with that, but much of it is d e fined 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 ad d i tional 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 appreciate s this a p proach to bidding the project. Asked about sales tax rebat e and recommend ed that any rebate be depos i ted into the Water Utility Fund to be used for offset of future utility rates. 3 City Council Meeting Minutes June 18, 2007 Albrecht: Agreed that a portion of the building used for refinement of water has some costs that are elig i- ble for rebate from the Sta te , but noted that we do not know how much it will be. The rebate will be o b- tained during or after construction so staff recommends offset of future rates rather than increased co n- struction. Hedberg: Stated that even though the Council could use the m oney for other purposes, he supports the proposed use of the rebate funds to defer future increases. Erickson: E choed compliments to the staff and building committee for work on the project . Commented on the Capital Equipment Fund and his opposition to h aving the State tax city and county governments b e- lieving it is do u ble 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 cit i zens in th e area. Stated that t his 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 co mpetitive 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 - s tyle roof were not constructed, th e concrete roof would need additional trea t ments. 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: Replie d that from a maintenance and durability perspective, a high - quality shingle product would have conside r able cost also. The steel roof would be much more durable. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 07 - 118 APPROVING PLANS AND SPEC IFICATIONS 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 Previou s 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 cha nnel solution and pr e ferred a pipe d solution , and the m eeting ended at an impasse. Reported that landowner ’ s issues are the maint e- nance of existing retaining walls and safety concerns of the new retaining wall resulting from street projects. Staff still recommend s the open channel solution . Stated the City could extend the pipe an add i tion al eight to ten feet but believe s that would not satisfy the residents. A dditional piping would not be a pu b lic benefit nor fiscally prudent . Public Works Director A lbrecht 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 manag e able, but q uestioned whether it is the responsibility of the City to either repair or r eplace the wall o f one of the landowners. Noted that a pipe extension may only serve to move the energy of the moving w a- ter to the neighboring landowner and that aspect has not been analyzed . Comments: Erickson: Stated that he visited the area and cons iders 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 constru c tion upstream has changed the character of the hold ing pond and the stream , and questioned whet her the hol d- ing pond has the capacity to take on a heavy rainwater event . Believes the holding pond is also a mo s quito bree d ing area. 4 City Council Meeting Minutes June 18, 2007 Albrecht: Responded that the pond functions as a water - quality pond to facilitate removal of nutrients and the outlet st ructure 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 st ructure. Currently the channel is such need of repair that the sed i ment 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 wi l lows that needs to be removed. Erickson: R eiterated the safety standpoint by the roadway. Bintner: Believes the existing scenario is an improvement over the previous condition as there was no barrier curb. Agree d that the safety issue co uld be a d dressed 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 th e 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 po nds are treated by the Mosquito Control Ag ency . Erickson: Asked what the W atersh ed’s perspective is on the channel . Albrecht: Believes they are supportive of whatever the City wants to do and have not indicated any opp o- 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 w a- 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 , b ut question ed the benefit of e x tending 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 w ater comin g 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: N oted that the costs for different lengths of piping have not been determined due to the variability of engineerin g issues to be considered. Millar: A sked 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 co ming 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. B intner: Replied that landowners think the more pipe, the better because it would help eliminate the r e- tai n ing wall. Millar : Asked how many feet of retaining wall existed. Albrecht: Replied it is about 30 feet. Millar: Suggested that 30 - feet of pipe cou ld be a compromise and should be offered if it could lead to a solution. Hedberg: A mplified points made by Councilors Erickson and Millar and reiterated that staff believes add i- tional piping is not a public benefit. Believes that there is a safety iss ue 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 b e- 5 City Council Meeting Minutes June 18, 2007 cause the d evelopments changed the natural condition of the channel. Believes the life of the r e taining wall is impacted by increased flow from the development. Noted that the direction from Council included ge t- 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 a l low Ci ty to gain a permanent easement, which has public benefit. LeMair : Agreed if any potential safety issu e exists, it should be corrected with a guardrail and an exte n- 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 opti ons for a ten - foot extensio n . Co m mented 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 sol u tion for the channel . Millar: Asked if there would be probl ems with the adjoining property. Albrecht: Replied that ne eds to be studied. B elieve s 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 i s- sues, and tal k to the landowners . Hedberg: Clarified that he did not specify for a 30 - foot pipe, but that the City should work with landow n ers on alternate solutions. Believes we should go beyond solving safety issues if they are present because the chang ed water c ourse caused by development is reducing the life of the retaining wall and there are si g- nificant benefits to getting permanent eas e ments. Pace: Advised that to the extent the C ity approves development but does not divert the natural course of flowing w ater , it does not have responsibility. When City action does divert the natural flow of water, then it do es have responsibility. Stated that approving a development does not mean the water has been d i- ver ted . Hedberg: Believes this development did divert the water ; that there is m ore water now and that is why there is a hol d ing 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 p iping. Eme r gency over flow 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 som e thing with piping and have furthe r discussion with the landowners. Erickson: Moved to direct staff to study the benefits and costs of different partial pipe a l ternatives. Albrecht: A sked for specific direction from the Council on the intended meaning of partial pipe alternative. Hedber g: Offered a second to the motion and s uggested an amendment to the motion to include partial pipe solutions no longer than 30 - f ee t ac quiring permanent easements and a solution that is accep t able to both lan d owners. Erickson: Clarified what an appropriat e 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 a p- proxim ately 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 T HE LANDOWNERS AND ACQUIRE A PERMANENT EASEMENT FROM LANDOWNERS TO ALLOW ACCESS FOR CHANNEL MAINTENANCE. VO TE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. 6 City Council Meeting Minutes June 18, 2007 Consider Approval of a Resolution Approving the Plans and Cooperative Agreeme nt 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 a bout half of the cost of the traffic signal and the school district will provide half of the City’s cost over a three - year p e riod. The cost will be funded from the Street Ove r size Fund. Comments: Hedberg: Stated this is an important project to get accomplished to resolve the obvious safety issue. In spirit of partnership, many partic i pants 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 a nother benefit in addition to safety for traffic for the school is the paths for walking and this light will allow pedestr i ans to cross safely. LeMair : C oncurred with previous statements stating tha t c ongestion 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/COACHM AN 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 Advertis e- ment for Bids for Fire Station No. 2. Ci ty Manager Boyles reminded listeners that a referendum was passed to construct a fire station and pu r- chase an aerial plat form fire truck and a parcel was donat ed by Wensmann for that fire station. I&S Eng i- neers and A rchitects representative Cipos r eviewed changes from preliminary plans including a wider hose drying tower and an additional office space for police department use. Summ a rized the budget at $ 2.68 million which includes a contingency of $200,000 to be used for co n struction and design changes. Bill Wolters , owner’s representative, presented a probable project cost summary and explained there are two alte r nates of epoxy sealer in the apparatus bay ($30,000) and concrete paving rather than bituminous on the approach ($80,000). Wolters stated tha t construction of fire station no. 2 is on same time line as the water trea t ment 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 conside red function, cost and design while being frugal with its approach to the building. Thanked Wensmann for the donation of the pa r- cel. Reminded listeners that this building will also serve Allina A m bulance and the Police D epartment. Hedberg: Stated that f ire station no. 2 has been included in the 2030 V ision and Strategic P lan for several years and the need for it has been growing. Emphasized the value of having an owner’s representative a p pointed who has kept the project under budget and well designed. E rickson: C omplimented 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: R eplied that landscaping is part of the bid, but may not be awarded as the plan is for the C ity staff to do the lands caping. 7 City Council Meeting Minutes June 18, 2007 LeMair : Commented there was great collaboration by many on this project. Look s forward to seeing the bids noting that they may b e competitive due to the current construction climate and the City may not have to spen d all of the money bud g eted for this pro j ect. Boyles: Noted that the resolution should be amended to state that an owner’s representative was a p- 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 car ried. 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 Pr e serve. Planning Coordinator Moore outline d the preliminary plat and conditions placed upon it. Noted that ben e- 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 D e- velo p ment 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: A gree d this corner is a major gateway into Prior Lake and one of the City’ s most important u n- developed areas. Asked if trees are being retained in the NE corner because that is where the largest co n- centr a tion of heritage trees is. Moore: Replied there are a number of them at that location. Erickson: Commented that this devel opment 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 li ghting, 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 t here 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 t he 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 th e matic use of design will be beautiful as well as the park land and trails that will be creat ed. Appro ved of the cre a- tive use of the stormwater ponding. Stated he is dismayed to lose 40 heritage trees, but knows the Pla n- ning Commis s ion and the developer worked hard to save those they could. Millar: Stated he is impressed with the design and its use of t he 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 C it y. Restated that his only reservation is the trees and that there is a mandate from the citizens to pr e- serve the natural resources of the community. If more of the trees could be saved, he would su p port this PUD whol e heartedly. 8 City Council Meeting Minutes June 18, 2007 LeMair : Commented that th e developer has brought forth three concept plans and two preliminary plans and the Council ha d requested changes to the project . Believes everyone worked really hard to save the trees and they have managed to save almost half of them. Do es not know how to save any more trees and still have buil d ings on the site. Believes the trees are important , but the Council need s to gauge other things too , and the amount of park land, a tot lot, a cash donation for appurtenant equi p ment, moving the parking lot away from the road, and using stormwater for irrigation is good . The theme is d y namic and classy and the PUD will generate a substantial amount of taxes. Believes t his plan will save as many trees as possible and is still a fe a sible project. Millar: Asked how many heritage trees are being taken from the southwest corner parking lot. Moore: Six . Millar: A greed 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 mi le 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 mo v ing a driveway, fo r example. Millar: Believes it is worthwhile considering . Hedberg: Asked how many heritage trees would be lost in the other large parking lot . Moore: F our, and two additional trees that staff has recommended removing because they would likely not su r viv e. 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 pr e- liminary plat. Still dismayed to lose 40 out of 75 trees, but there are many positive benefits to the deve l- opment. MOTION BY HEDBERG, S ECONDED BY ERICKSON TO APPROVE RESOLUTION 07 - 121 APPROVING THE PRELIMINARY PLAT OF “SUMMIT PRESERVE” SUBJECT TO THE CONDITIONS OUTLINED HEREIN. VOTE: Ay es by Eric kson, 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 re g- 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: Aye s 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 Mea d ows Planned Unit Development and a Resolution Approving a Preliminary Plat to be Known as Pike Lake Meadows. Planne r Matzke described the physical site characteristics and the proposed plat conditions. An updated ma r ket study was received June 13 , 2007, stating that the market can support the proposed product type. 9 City Council Meeting Minutes June 18, 2007 Comments: Hedberg: Stated t his plan is a good e conomic development and preserves the wetland with its dedic a tion 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: Repl ied 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 d eveloped and it is too far into the future to e s crow funds for it. Hedberg: N oted that Manley Development has not reached agreement with the Vierling ’ s so a smaller roadway is being built . B elieves there are potential concerns that could block this de velopment from g o ing forward. Albrecht: Replied that this proposal does not require an agreement with the Vierling ’ s. Stated the Vie r- ling‘s may not be ready to develop and are uncomfortable with entering into easement agreements. The roadway is designed w ith curb and gutter that could be removed and widened. This development will not i n crease drainage issues on the Vierling property. Hedberg: Commented that this is a great development , particular l y with the open space preserved. Will support it an d want s to assure that the Vierling’s know the City’s objective is to accommodate their ong o ing farm operation and they are fully within their rights to ope r ate their farm. Millar: W ill approve. Support ed Hedberg’s comments regarding the Vierling propert y. Hedberg: Asked a bout the quality of the exterior materials and questioned why the Pla n ning Commission did not make exterior materials a cond i tion . Matzke: Replied that the prelim inary plat was presented earlier with these same types of materials pr o- posed and was approved although it was stated that increased amounts of class 1 materials were pr e- ferred. Believed the other aspects of the development were so favorable that it was a p proved as is. Hedberg: Asked how C lass 1 materials fit with our requir e ments for office condos in other developments. Matzke: Replied that front - facing walls require 60% of materials of C lass 1. Hedberg: Noted he will likely consider making that an additional condition. Erickson: Asked what the code is for commercial bui ldings for C lass 1 materials. Matzke: Replied that it is for 60% of the building face should be C lass 1 materials which include glass, brick, stucco and co p per. Erickson: Asked if this meets our code. Matzke: Replied that it m eets our codes for residen tial and would be a PUD modification for the comme r- cial buildings. Erickson: Asked why the City would want to develop the commercial part at a lesser standard than our r e quirements. Matzke: Replied he believes the intent of the developer was to match the residential units. Erickson: Commented he would want th e condition of the commercial townhomes meeting code sta n- 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 o f fered to make curb cuts as wide as needed. Noted that Pike Lak e 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 LeMair : Question ed adding the upgrades and the associated costs and believes we h ave to consider the benefits of the entire project, the park land, the roadway upgrade and the extension of development e x- tended . Stated the density is lower than what the developer could have propos ed and this is a nice mixed use of the property. Inclined to support because the tradeoffs are suff i cient to approve a PUD. Hedberg: Stated he will support the additional condition and c larified that the condition is to apply the 60% class 1 m a terials 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 O UTLINED HEREIN AND INCLUDING THE ADDITIONAL CONDITION OF REQUIRING THE COMMERCIA L 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 Ev ents Erickson: Reminded viewers of the BBQ at Village Market on June 21 . LeMair : Asked how the City is doin g 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 E rickson and s e c- onded by M illar . With all in favor, the meeting adjourned at 9:31 p.m. ____ _______________________________ ___________________________________ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 11