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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Capital Improvement Program Work Session - 5:30 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. Scale Model of Creekside Estates - John Mesenbrink REGULAR COUNCIL MEETING AGENDA 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES . Regular Meeting of April 16, 2001 . Special Meeting of April 30, 2001 4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as pari 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 a Resolution Approving the Final Plat and Development Contract for the Developments to be Known as Deerfield 4th Addition and Deerfield 5th Addition. C) Consider Approval of a Resolution Approving a Concept Plan for Regional Pond for the Ring Road Area in Lieu of the Prior Lake Spring Lake Watershed District Required Ponding on the Crystal Care site, Approving the Incorporation of the Pond Design and Construction with the Ring Road Project and Approval of the Use of WSB and Associates to Perform the Engineering for the Pond Design and Construction (City Project 01-01). D) Consider Approval of a Resolution Approving Premise Permits for Lawful Gambling for Prior Lake Hockey Association. E) Consider Approval of a Resolution Approving a Revised Purchasing Policy. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: 7 PUBLIC HEARINGS: A) Consider Approval of a Resolution Vacating a 10-Foot Wide Drainage and Utility Easement Located on the East Side of the Property at 6096 - 150th Street. 8 BOARD OF REVIEW - (8pm): A) Consider Appeals from Property Owners Regarding the Valuation Placed Upon their Property Effective January 2, 2002. 9 OLD BUSINESS: A) Consider Approval of an Ordinance Replacing Prior Lake City Code Section 1000, Subdivision Regulations. 050701 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 111 W . t n 10 NEW BUSINESS: A) Consider Approval of an Ordinance Approving a Zone Change Request from the "A" (Agricultural) District to the "R-4" (High Density Residential) District for 60 Acres of Vacant Land Located on the North Side of CSAH 42, East and West of McKenna Road, in the Southwest Quarter of Section 22, Township 115 North, Range 22 West. B) Consider Approval of a Resolution Approving an Amendment to the Creekside Estates PUD Changing the Approved Exterior Building Materials from Brick and Vinyl Siding to Stucco on the 24-Unit Building. C) Consider Approval of a Resolution Approving a Preliminary Plat and a Resolution Approving a Conditional Use Permit for a Mixed Use Development by Centex Homes Located on the Q'Loughlin Property. D) Consider Approval of a Resolution Approving a Conditional Use Permit to Allow a Public Service Structure Consisting of a City Well and a Well house on the Property Located at 15250 Wilds Parkway. E) Consider Approval of Appointments to the Business Development Council. 11 OTHER BUSINESS/COUNCILMEMBER REPORTS: 12 ADJOURNMENT 050701 Ili I ! 11 $P~~iAv REGUb.A;R COUNCIL MEETING MINUTES April 30, 2001 CALL TO ORDER ~_: Mayor Mader called the meeting to order. Present were Mayor Mader, Council members Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, Finance Director Teschner and Recording Secretary Meyer. MADER: Asked that the agenda be amended to include an item of Other Business so that the Councilor staff could have the opportunity to bring other issues to the table if necessary. MOTION VOTE: A Obligation in interest refinancing roximately at this is a sales, Also BOYLES: ked if the remainin $500,000 in bonds is uaranteed at the rates discussed and rojected by Juran & MATTSON: Confirmed that sale of the bonds is expected, but that Juran & Moody is comfortable with buying the bonds itself at those rates. ERICSON: Asked if there are other bonds where the City could take advantage of the low market. TESCHNER: Advised that the Fire Hall bonds had been cross-over refunded last year, and the park bonds were refunded and are ready to cross over to the new schedule in two years. Advised that the City has just about exhausted every possibility for refunding. Six of the 12 bonds have been refunded already, and the others do not qualify at this time. MATTSON: Advised that the bonds can be refinanced once before they reach the call feature, but not twice. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01.50 APPROVING THE SALE OF $2,195,000 GENERAL OBLIGATION REFUNDING BONDS OF 2001. GUNDLACH: Asked what the $20,000 was in expenses. 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I ~! ..... " --,.,..., '.-T-".' . .,..- .. -...., ,..,.", , .. .'-r--...'--r-----..,---.,-.,.. -, , TESCHNER: Advised that those fees applied to things such as underwriting fees, approving agency, and fairness opinion. It's like rolling in the refinancing costs so there are no out-of-pocket costs. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS BOYLES: Advised that the Lake level was now 904.2 and Slow No Wake restrictions are in effect on the Lake. When the restrictions are removed will be determined when the Lake level has receded below 904 for 3 consecutive days. There are no predictions by the Watershed when this might happen. MADER: Briefly discussed the recent Court decision and subsequent settlement proposals brought by the counsel for the Vierlings regarding the inverse condemnation of a pasture property. The City continues to incur legal costs at this point because the Vierlings have determined that they do not want to convey the property to the City and would rather reach some agreement where the City would pay for their legal fees, and the apparent taking of the property, but not acquire the property. In the past, the Council's position has been that it would pay the costs to acquire the property it took as determined by the Court. At this point, settlement discussions continue. Asked the Council to reaffirm its position that all that is req u i red to c '" Eattel1i!~!al!:lQ1:~l::la:ll'a:::~lma::::J!lie.~e.s.sal?/i!~mElJJ:ls!!!~lf:a!~t~lTIEi!c1;i!!;;:is.~T~I!ii:::ih:em:~i!'eiI1iI~EI" te rm i n e the legal de iption of the property and transfer the 17 -acres to the City. Commented that t re is no need to conti e negotiating and incurring additional legal costs. A motion to Frank Boyle REGULAR COUNCIL MEETING MINUTES April 16, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order, Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Planning Coordinator Kansier, Assistant City Manager Walsh, Parks Supervisor Friedges, Assistant Fire Chief Hartman, Water Resources Coordinator Leichty and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Noted the minor modifications to the original agenda, APPRO MOTIO MINUT VOTE: abstain DED. MADER: EETING r Ericson CONSE (A) Con (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report, (D) Consider Approval of Animal Warden Monthly Report, (E) Consider Approval of Fire Call Report. (F) Consider Approval of 2001 151 Quarter Investment Report. (G) Consider Approval of 2001 151 Quarter Budget Report. (H) Consider Approval of Two Temporary 3,2 Liquor Licenses for Prior Lake Merchant's Softball Team. (I) Consider Approval of a Temporary 3.2 Liquor License for Prior Lake Jays/Mudcats Baseball Season. BOYLES: Reviewed the Consent Agenda items. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .1 1r I City Council Meeting Minutes DRAFT April 16, 2001 PRESENTATIONS: Proclamation of National Day of Prayer MADER: Read a brief statement proclaiming Thursday, May 3, 2001 as the National Day of Prayer in Prior Lake. Feasibility Study on Shoreland Erosion Corrective Measures for Upper and Lower Prior Lake (Steve McComas) MCCOMAS: Discussed the procedures and processes of the study in collecting pictures and data of the shoreland habitat and then the evaluation process conducted for each parcel. Some of the conditions characterized were the current condition, what natural conditions are still in place, and what are the problems. Advised that less than 5% of the shoreland surrounding upper and lower Prior Lake has some ' '. . tation, including a ERICSON: at some p vision is fo GUNDLACH Asked what the next steps are in addressing those properties with visible problems. rosion MCCOMAS: and then ordinances rosion current sent to otential shoreland stabilization designs, names and numbers of agencies that could possibly provide assistance, and provide a list of potential sources for grant funding. Parcels also need to be correlated to addresses. The LAC and staff are proposing a more natural buffer strip along the lakeshore in order to prevent mowing or fertilizing right down to the water. MCCOMAS: Added that the intention is not that the whole shoreline be all cattails, but rather somewhere around 50% with a natural buffer, leaving dock, swimming and beach area. LEICHTY: Advised that the LAC and staff will work to bring additional action items to the Council for consideration in connection with the Comprehensive Lake Management Plan, Status Report on Prior Lake Transit Re-Design Project (Susan Walsh) WALSH: Gave an overview of the City's withdrawal from the MVTA and discussed the survey conducted of current users of the commuter bus service and the procedures and next steps for implementing the 2001 service, 2 City Council Meeting Minutes DRAFT April 16, 2001 ZIESKA: Complimented Susan Walsh on her efforts and noted that the survey conducted involved Sue taking the time to go out and ride the buses and meet each of the commuters. BOYLES: Also complimented the City Attorney and Assistant City Manager Susan Walsh on drafting and distributing the lengthy specifications for the service. PUBLIC HEARINGS: Consider Approval of a Resolution Vacating a Drainage and Utility Easement in The Wilds 2nd Addition. KANSIER: Briefly reviewed the agenda item in connection with the staff report. Mayor MADER deClared the public hearing open. No residents were present to address the Council on this matter. MOTIO ATING A DRAIN VOTE: , es by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Con sid mann 1st Additio KANS1E Briefly reviewed the agenda item in connection with the staff report. Mayor MADER declared the public hearing open. MOTION BY ERICSON, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-38 VACATING A DRAINAGE AND UTILITY EASEMENT IN WENSMANN 1ST ADDITION, VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried, OLD BUSINESS Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for 2001 Public Improvement Project (City Project 01-11). McDERMOTT: Briefly reviewed the improvement project for the frogtown area for which the staff was asking for approval of the plans and specifications and proceeding with solicitation of bids, ERICSON: Asked about the location of sidewalks, particularly the sidewalk along the park, 3 IF T I ..~-'-_. ,- n . City Council Meeting Minutes DRAFT April 16, 2001 McDERMOTT: Discussed the proposed locations for sidewalks, advising that whatever location is determined for the sidewalk near the park, it will be on the park side of the roadway. ERICSON: Commented that Memorial Trail should remain a 20-foot wide one-way street and that staff should be given clear direction one way or another and some of the issues resolved once and for all. MADER: Commented that determining that issue would not affect approval of the plans and specifications or authorizing staff to proceed with bids. BOYLES: Advised that staff could be directed to come back to the Council with the Memorial Trail, signage and any other issues so that the matter is resolved as soon as possible. ERICSON: Advised that he would like to get the matter resolved so that residents in the area know what to expect. MADER: S the issues dvised that he didn't feel informed enough about both sides of the issues to ake a is time. MCDERMO then that d GUNDLACH were comi sked the City Engineer to briefly review the costs for the project and where t from. funds McDERMO , , e from special assessments to the benefiting property owners, $602,000 from the tax levy, $680,000 from the City's trunk reserve fund, and $43,000 from the City's collector street fund. GUNDLACH: Commented that 27% of the project was being assessed to the property owners. McDERMOTT: Confirmed. MADER: Asked if the charges for special services that some property owners are receiving was being covered in the assessment dollars, McDERMOTT: Confirmed. MADER: Clarified that the property owners would be paying for 100% but it is included in the $506,000 figure. Secondly, asked why the estimate for the project went down from the feasibility study but the assessment went up. McDERMOTT: Advised that part of the change was due to recalculating the lot footage, but also commented that even though the overall costs went down, the street and storm sewer costs went up, which is the assessable portion of the project. 4 City Council Meeting Minutes DRAFT April 16, 2001 MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-39 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR 2001 PUBLIC IMPROVEMENT PROJECT (CITY PROJECT 01-11). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY ERICSON, SECOND BY ZIESKA, DIRECTING STAFF TO BRING BACK THE ISSUES OF MEMORIAL TRAIL AND SIGNAGE FOR THE PROJECT. McDERMOTT: Suggested that the item be brought back at the time the Council considered bid award on June 4th. ERICSON: Concerned that the issues are continually being put off and the property owners are left dangling. MADER: Believed that the staff had given a date certain when the Council would decide the issues, therefor ' " The motion and second accepted the friendly amendment. VOTE: Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. A thorizing FRIEDG sked for clarification on how the play events were counted. FRIEDG . Advised that the swin unit is considered four events, and each item thereafter e event. MADER: Asked what the bid opening date was. FRIEDGES: May 16th. ERICSON: Commented that the process of bidding playground equipment has been developing over several years. Believes that the procedures defined in these plans and specifications is the point the Council has looked to reach. GUNDLACH: Concurred with Councilmember Ericson's comments. MADER: With respect to Thomas Ryan Park, asked if there are warranty and depreciation issues with installing the playground equipment in a park that won't be opening for another year. FR1EDGES: Advised that there are several practical reasons for installing the equipment early, the first being that it would be best to have the park fully completed at the time it opens. It is expected that the park will get considerable traffic at the very start. Secondly, with the installation of the concession/restroom facility, a temporary roadway will be installed for construction vehicles. The roadway could also be utilized for installation of the play equipment. Then, when the site is completed, the service road can be removed and the area seeded. 5 .1 r ,. "---r--'--- ._.,-_..,-,.__..,...._....'.'-T._.....-T.'.---,._'--_.~.. "_..,,. City Council Meeting Minutes DRAFT April 16, 2001 MADER: Asked if the City is installing the base and concrete for the playground, Asked if the City could do the site preparation, and then wait to have the vendor install the actual equipment for depreciation and interest money reasons. FRIEDGES: Confirmed that the City would be doing most of the heavy equipment work. Advised that installing the concrete curb before the play equipment is installed can create difficulty in calculating fall zones from the play equipment. It could be figured out, but is easier to install the curb after the equipment is in. Also discussed the structure of the warranty and suggested that it could be incorporated into the specifications that those items with only a 3-year warranty could be installed later. MADER: Commented that he would leave it with staff to work something out with the vendors to make sure the equipment isn't just sitting out there. PETERSEN: dded that an option could be given to either install the equipment later and give warranty, iii~~ 'liml VING FOR PITAL PACE: Sug year warra notice of th MOTION THE PLA FOUR (4) IMPROVE VOTE: Ay Consider Courts. proval of a Resolution Authorizing Staff to Solicit Bids for Trails and B ketba/l FRIEDGES: Reviewed the agenda item in connection with the staff report and the improvements proposed. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-41 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR TRAILS AND BASKETBALL COURTS. BOYLES: Noted that the resolution should be revised to read that it is approving plans and specifications and authorizing solicitation of bids. The motion and second accepted the friendly amendment. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess, 6 City Council Meeting Minutes DRAFT April 16, 2001 Consider Approval of a Resolution Authorizing the Purchase of Two Vehicles under the State Cooperative Purchasing Program; and One 4x4 One-Ton Extended Cab Pickup with Box and Appurtenant Equipment. OSMUNDSON: Reviewed the agenda item in connection with the staff report, and discussed the need for the vehicles due to additional developments, roadways and streets being turned back by the County, as well as transporting the 40 summer seasonal workers. ERICSON: Asked if there are other Dodge vehicles in the fleet, and if there are any issues with respect to additional maintenance. Also asked staff to be sure that vehicles are being properly utilized, Made reference to maintenance staff using an F350 to make routine checks of the parks. OSMUNDSON: Advised that staff does go to each park every morning to pick up garbage and check for vandalism. There are five or six vehicles that go to different parks. Acquisitions have been leaning toward' . ck for the money, N 01-42 ERA TIVE nt for the used as a Commented that in comparing the base prices of this unit from the same d ler, there be a $4500 difference. HARTMA proposed truck and the public works vehicle. MADER: Asked if this truck was included in the CIP for this year and at what cost. HARTMAN: Advised that the truck was scheduled in the CIP for replacement this year at a cost of $52,381, The totals with the proposed truck and estimated equipment is $51,653. GUNDLACH: Asked how this vehicle will be used in connection with the vehicle purchased last year. HARTMAN: Advised that for any grass fire, both rigs would respond in addition to the 6-wheeler and depending on the situation, a tanker and pumper also respond. ERICSON: Asked if the vehicle is only used for grass fires. HARTMAN: Noted that primarily the vehicle would be used for grass fires and wild fires, but also in attack situations if we have to go off-road or cannot respond in manpower. SAMES: Added that Tower Apartments has underground garages that cannot be accessed with a pumper, and this vehicle makes the clearance and could be used in that circumstance, 7 . 'p .,...... , __'_n"_.---r--"~-' ...._..,-_..,_..~"- City Council Meeting Minutes DRAFT April 16, 2001 MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-43 AUTHORIZING THE PURCHASE OF ONE 4x4 ONE-TON EXTENDED CAB PICKUP WITH BOX AND APPURTENANT EQUIPMENT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Bylaws for the Prior Lake Economic Development Authority. BOYLES: Reviewed the agenda item in connection with the staff report, noting the significant changes. GUNDLACH: Asked for sentences 2 and 3 of Article 12 be deleted, believing that the issue should be determined by the City Council exclusive of the EDA. ERICSON: Concurred. BOYLES: R the City Commissio Commissi D. MOTION VOTE: Ay by Mader, Gundlach, Petersen, Ericson and Consider Economic MOTION Y GUNDLACH, SECOND BY ZIESKA TO APPROVE RESOLUTlO ESTABLlS NG A PER DIEM FOR PLANNING COMMISSION AND ECONOMIC DEVEL AUTHORI I SIONERS. MADER: Commented that the Planning Commission is a very difficult task that address some very complex issues. The meetings are lengthy and require considerable preparation time. Also, given the statutory authority granted to an Economic Development Authority, the increase seems appropriate. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for Pumphouse for Well No.6. OSMUNDSON: Reviewed the agenda item in connection with the staff report, discussing the design, costs and timeline for the project. MADER: Asked if the resolution for constructing the pumphouse includes the equipment and wiring modification. Asked for clarification if the costs for those items was included in the $400,000. OSMUNDSON: Confirmed and explained that the two DNR requirements ($23,000 and $40,000) were already included in the well driller's contract. The remaining are part of the pumphouse construction costs. 8 City Council Meeting Minutes DRAFT April 16, 2001 ERICSON: Asked if the options available through the DNR don't happen, are there contingency plans for going to the legislature for additional funding. OSMUNDSON: Agreed that those contingencies need to be considered in the next budget process. Dave Hutton, our consultant from WSB is experienced in the process Savage went through, MADER: Commented that he had been following some of the bills before the state legislature that relate to items such eliminating state sales tax on materials used for construction. Suggested staff consider those alternatives, even though it might be difficult to apply for funds after the fact. Asked if it was necessary to incur the costs for wiring for the emergency generator if the City would be in a position where it is holding large quantities of water. OSMUNDSON: Advised that the backup generator was necessary, and even though the City would have a lot of water stored, the usable portion is probably half of what the capacity is, and one tank could be emptied in the event of a fire. This would be the only well that has a backup generator, althoug ... ogram for several BOYLES dvised that the City obtained this generator as part of The Wilds development booster ation was such a uni ue installation at t e end of the water line. Using the ge backup ul uipment. " , ROVING PHOUSE MOTIO PLANS FORW VOTE: the Preliminary Plat and a Resolution pproving I Crest. KANSIER: Reviewed the project in connection with the staff report. PACE: Noted that the staff report addresses many conditions attributed to the Planning Commission's recommendations regarding the conditional use permit and preliminary plat. When the conditions were divided between the CUP and the preliminary plat, what rationale was used, KANSIER: Advised that the CUP addresses site specific conditions such as landscaping, building elevations and driveway openings. The engineering issues, including wetland replacement, grading and plans and specifications are more detail issues. PACE: Recalled that in another circumstance concerning a condition for obtaining a permit from the Watershed District, the requirement was included in both the CUP and the preliminary plat. KANSIER: In that situation, the Watershed permit applied to grading and staff would not have another opportunity to review the circumstances. In this case, the permit would need to be provided at the time of application for the grading permit. The condition can certainly be included in both documents. PACE: Suggested it be included for the sake of consistency, 9 .1: .... T __e~__..__._'_.__'_......_...,..___..__,_.,.. 'If y--'.--".---"--"'-'-'-.' City Council Meeting Minutes DRAFT April 16, 2001 GUNDLACH: Asked the Developer if the application for the permit had been approved at the most recent Watershed District meeting. DEVELOPER: Confirmed that the permit had been approved as part of the preliminary plat and preliminary grading and drainage plan. KANSIER: Advised that there is no harm in including the condition in both resolutions. ERICSON: Asked for clarification regarding the encroachments into the slope. KANSIER: Explained that the subdivision ordinance is fairly vague and states that whenever possible slopes of 20% or greater should not be disturbed and should be retained as private or public open space. Discussed where the encroachment into the 20% slope would occur and the Planning Commission's determination. ERICSON: proposed, t there ss, the rt, or at pgrade an and KANSIER: were no p County ha Lords Stre CSAH 21 the full inte ERICSON: adequate is not OSMUNDS future, as t property t issues and traffic are often issues that the City monitors and addresses as areas develop. : Advised that the City would probably allow parking on one side of Jeffer's Pa other properties develop, there could be a problem but believed the tendenc ZIESKA: Suggested that the east-west part of Thatcher Lane be changed to Lords Street. KANSIER: Advised that the potential problem is that Lords Street would have no connection and it would be more difficult to find things. Neither situation is ideal. GUNDLACH: Asked how the cash park land dedication was determined rather than a land allocation. KANSIER: Explained that the constraints to the site did not provide 2~ acres of useable upland that would be appropriate for park. There is a park less than a % mile to the west that could be used by the neighborhood. So in this case a cash payment was more appropriate. BOYLES: Clarified that this project fell under the parkland dedication ordinance prior to its recent revision because the application for the development was already in the works at the time, GUNDLACH: Commented that there was a wood chip trail, but no public park. 10 City Council Meeting Minutes DRAFT April 16, 2001 KANSIER: Advised that the trail is common open space for this development that will provide access to the public park. GUNDLACH: Asked staff to comment on the written comments from the Dakotah Community regarding this development. KANSIER: Reviewed that the letter primarily raised concerns about the wetland, grading and storm water. Staff has reviewed each of the items. A wetland mitigation plan is required. Grading is consistent with the City's guidelines as reviewed by the engineering department. The resolution does contain some conditions with respect to grading and slopes. Storm water has been reviewed both by the City staff and Watershed District. There is some question about run-off to the north. This development would actually decrease the amount of run-off onto the property to the north. The number of units for the development has been reduced in order to save a significant stand of trees. GUNDLACH: Asked staff to clarify the calculations for the wetland, KANSIE calculaf the MADER: run-off t nded the KANSIE increas be held MOTtO BY MADER, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-46 APPR ING THE CONDI NAL USE PERMIT FOR A 74-UNIT TOWNHOUSE DEVELOPMENT KNOWN S REGAL CREST MADER: Asked how parking was addressed in past planned unit developments. KANSIER: Advised that in some PUD developments, guest parking bays were provided. In this case, adding bays would mean removing additional trees. ERICSON: Disagreed and commented that one or several of the units could be removed for parking. ZIESKA: Asked how wide Jeffer's Pass was going to be. KANSIER: 32 feet. ZIESKA: Asked if parking was allowed on a 32-foot wide street and acceptable. Also asked the developer how many cars can be stacked in the driveways. PETER KNAEBLE (Terra Engineering): Clarified that based on the site plan, 50 of the 74 units have 3- car garages allowing 6 total parking spaces. In longer driveways there can be additional cars stacked, Since this is a residential street rather than a collector, understood that on-street parking would be 11 11 --:--r""-"'--'--r--'--"-' .- .1!"'...-.....'-'-y-.......'.."............. ... City Council Meeting Minutes DRAFT April 16, 2001 allowed. Also commented on the comparisons regarding slopes with the nearby Wensmann development. OSMUNDSON: Advised that there are no design standards in place regarding on-street parking. Discussed traffic flows for the area as it develops and concluded that on-street parking should be available with few problems. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-47 APPROVING THE PRELIMINARY PLAT FOR REGAL CREST. GUNDLACH: Pointed out that all property and developments are unique, and this development should not be compared to others. MADER: As KANSIER: vised that the size and shape is a function of volume and has probably been ap oved if the develo r has obtained the Watershed District permit. In any event, the City staff will ave an opportunit review those issues prior to final plat. VOTE: Ay Consider and Exca Dakotah proval of a Resolution Approving a Conditional Use Permit to Allow the tion of Property Located in Section 28, Township 115, Range 22 to C kway. rading struct KANSIER: Briefly reviewed the staff report and the request for a conditional use permit in connection with the construction of Dakota Parkway by the Shakopee Mdewakanton Sioux Community. ERICSON: Asked if grading and excavation permits of this kind had been excluded from the moratorium. PACE: Confirmed. MADER: Asked if the resolution included the requirement of a letter of credit as required by the ordinance. KANSIER: Confirmed and advised that the letter of credit was for landscaping and tree replacement. RUDNICKI: Commented that the letter of credit appears to be unnecessary and the project is a substantial infrastructure improvement. Advised that this is a government-to-government relationship, and believes the letter of credit is a minor condition. ZIESKA: Commented that there is no doubt that the project will be an outstanding improvement, but in order to be consistent with the ordinance, feels it is necessary to require the letter of credit. 12 City Council Meeting Minutes DRAFT April 16, 2001 MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 01-48 APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION TO CONSTRUCT A PORTION OF DAKOTAH PARKWAY. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Calling for a Public Hearing to Consider Modification of the Development Program for Development District 1 and the Establishment of a Tax Increment Financing Plan for Tax Increment District 1-3 (Lakefront Plaza). RYE: Advised that the resolution is to call for a public hearing on this matter. Briefly reviewed the item in connection with the staff report. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-49 CALLING FOR A PUBLIC HEARING ON JUNE 4,2001 AT 7:30 P.M. VOTE: . OTHER USINESS I COUNCILMEMBER REPORTS: Executl Session to Discuss Pending Litigation Frank Boyles, City Manager 13 11 r r---~'- ,-..--,..-.---...-....,.-- .....,..---- .