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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 5:30PM Work Session with Spring Lake Township Board 7:00 PM FORUM (Lee Klingberg) REGULAR COUNCIL MEETING AGENDA Date: MAY 21, 2001 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF MAY 7, 2001 MEETING MINUTES: 4. 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 Building Permit Report. D) Consider Approval of a Resolution Denying the Amendment to the Creekside Estates PUD Changing the Approved Exterior Materials for the 24-Unit Buildings. 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: A) Presentation: Swearing In New Police Officers (Chief O'Rourke) 7. PUBLIC HEARINGS: A) Consider Approval of a Resolution Vacating an Existing Drainage and Utility Easement Located on Outlot V, The Wilds. (Case File 01-031) B) Consider Approval of a Resolution Vacating the Platted Alley and a 20-Foot Wide Drainage and Utility Easement Located in Block 9, Prior Lake Original Plat (Case File 01-032). 8. BOARD OF REVIEW (Continuation from May th) 9. OLD BUSINESS: A) Consider Approval of a Resolution Approving the Preliminary Plat for Regal Crest and a Resolution Approving a Conditional Use Permit for Regal Crest. 10. NEW BUSINESS: A) Consider Approval of 2000 Annual Financial Report and Management Letter. B) Discussion of Options Relating to Prior Lake Transit Service. C) Consider Approval of a Resolution Approving the 2002-2006 Capital Improvement Program. 052101 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 IrTl II "I D) Consider Approval of a Resolution Approving a Joint Powers Agreement with the State of Minnesota for the Criminal Justice Data Network (CJDN) Project and Authorizing the Mayor and City Manager to Execute Same. 11. OTHER BUSINESS: A) Executive Session to Discuss Pending Litigation. 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT 052101 II TI REGULAR COUNCIL MEETING MINUTES May 7,2001 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 Joe Schmitt, Planning Director Rye, Public Works Director Osmundson, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OF AGENDA: GUNDLACH: Requested adding as Item 9B a motion to reconsider action on the Regal Crest Preliminary Plat and Conditional Use Permit approved at the April 16, 2001 regular meeting in order to address the park land dedication. MADER: Requested adding an Executive Session to discuss the status of one litigation issue. BOYLES: Suggested adding under Other Business consideration of an item revising the standard development contract to include language regarding temporary signage. Also advised that the petitioner has requested that Item 10A (Consider Approval of an Ordinance Approving a Zone Change Request from the '~" (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) be removed. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF MEETING MINUTES Regular Meeting Minutes of April 16, 2001 MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE APRIL 16, 2001 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Special Meeting Minutes of April 30, 2001 MADER: Noted two minor typographical changes. ZIESKA: Reviewed the action taken by the Council at the Special Meeting and noted that refinancing of some bonds at the initiation of Finance Director Ralph Teschner would save the taxpayers approximately $35,000. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE APRIL 30, 2001 SPECIAL MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -_.~.__.,-_.~_._~---_._-,.~_."..~._'~._~-_._"_..,--.,..""~--""'.'''''''''--'--_._-''----'''.- City Council Meeting Minutes DRAFT May 7,2001 CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B)Oonsider Approvalofa Resolution Approving the Final Plat and Development Contract for the Developments to be Known as Deerfield 4th and Deerfield 5th Add ition. (C) Oonsider Approval ofaResolution 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 thelncorporationofthe 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 Resolution 01-51 Approving Premise Permits for Lawful Gambling for Prior Lake Hockey Association. (E) Consider Approval of Resolution 01-52 Approving a Revised Purchasing Policy. ERICSON: Requested removal of Item 4B (Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Developments to be Known as Deerfield 4th and Deerfield 5th Addition). MADER: Requested removal of Item 4C (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). BOYLES: Reviewed the remaining Consent Agenda items. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA ITEMS (A), (D) AND (E). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Developments to be Known as Deerfield 4th and Deerfield 5th Addition. ERICSON: Discussed the applicant's non-compliance with the City's temporary sign ordinance and asked if there are enforcement provisions in the development agreement. BOYLES: Advised that the City had received two signed Development Contracts with the revised language with respect to placement of temporary signs in the right-of-way. Further noted that violation of the City Code is a misdemeanor violation punishable by $1000 fine or 90 days imprisonment. The City is also able to remove and dispose of signage found in violation. ERICSON: Asked if there are any provisions which would allow the City to stall work progress, and asked for clarification that the City's sign ordinance is a reflection of state statute. BOYLES: Advised that the provisions do not go to that extent which would stop work in a development, and confirmed that there are state statutory provisions that address the issues of sign placement. MADER: Advised that the state code presumably applies to only state roadways, and the City has extended the provisions to its City roads. SCHMITT: Noted that the City Code also increases the penalties. 2 City Council Meeting Minutes DRAFT May 7,2001 MIKE SOHL (DR. Horton Homes): Advised that they did receive the change in the Development Agreement and the issue has been reviewed with the sales staff. ERICSON: Noted that it appears that the majority of the signs are placed abutting state roadway and are in violation of state statutes. Advised that the City is making a concerted effort to clean up the right-of-way and expects the developer to respect the ordinances of the City. GUNDLACH: Advised that a sales representative had been informed that the City would be confiscating signs. Noted that other developers have made an effort to comply and it seems that D.R. Horton feels they are exempt. SOHL: Advised that D.R. Horton does wish to comply and he will impress that to the sales staff accordingly. MADER: Clarified that signs can be placed in Prior Lake just not on the public right-of-way. ERICSON: Commented that with additional phases of Deerfield planned, it would be best if the Developer could come into compliance. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-53 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE DEVELOPMENTS TO BE KNOWN AS DEERFIELD 4TH AND DEERFIELD 5TH ADDITION. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 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). MADER: Asked staff to review the action and discuss why it is important. OSMUNDSON: Discussed the project for a regional pond in the ring road area which will be the drainage area for storm water runoff for several sites proposed for development around the Priordale Mall area. This process will eliminate much of the required ponding which would have been imposed on developable sites in the area. MADER: Commented that when the plans for the Crystal Care site came in, there were three required drainage ponds on that site which is relatively small. Using that information, staff looked for an alternative in order to deal with the difficult issue of surface water. ERICSON: Asked if the new Watershed requirements applies to any parcels one acre in size rather than the previous 3 acres in size would require some sort of on-site ponding. Also asked if the proposed condominium project is part of the same area. OSMUNDSON: Clarified that the language is "any land disturbing activity of one acre or more". Believe part of the condominium project would be in the same drainage area. 3 City Council Meeting Minutes DRAFT May 7, 2001 PETERSEN: Asked if there would be a need to make the pond larger with respect to the vacation of the upper part of CSAH 23. OSMUNDSON: Noted that it is possible that the pond would need to be larger. The idea is for staff to evaluate long-term needs for all future development in the area. BOYLES: Advised that the project is a collaborative effort in that the County has agreed to convey the property to the City through tax-forfeiture conveyance. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-54 APPROVING THE RESOLUTION AS PROPOSED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. PRESENTATIONS: NONE. PUBLIC HEARINGS: 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. Mayor MADER declared the public hearing open. No residents were present to address the Council on this matter. MOTION BY PETERSEN, SECOND BY GUNDLACH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MADER: Noted that since no persons were present in objection to this item, and Council members were all familiar with the requested action, that the staff report be deferred. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-55 VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED ON THE EAST SIDE OF THE PROPERTY AT 6096 - 150 TH STREET. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. BOARD OF REVIEW Consider Appeals from Property Owners Regarding the Valuation Placed Upon Their Property Effective January 2, 2002. Mayor MADER declared the public hearing open. BOYLES: Reviewed the purpose of the Board of Review and the alternatives for Council at the conclusion of the hearing. LEROY ARNOLDI (Scott County Assessor): Briefly discussed the state statutes and County guidelines and process for determining valuation for properties. GEORGE THALER (PIO R25-001-03-20): Asked what the maximum percentage increase is for a commercial property on an annual basis. Discussed his property as compared to sales in the area, 4 City Council Meeting Minutes DRAFT May 7,2001 and the large differences in valuation. Believes the assessment for his building doesn't make sense. Also asked if there is a step grade for how taxes relate to valuation. ARNOLDI: Advised that there is no maximum percentage basis. With respect to how taxes relate to valuation for commercial property, discussed that the taxes are tiered to the first $100,000 of valuation at 3%, and the next tier is 3.4%. The affected tax rate for a commercial property is generally about 4%. There could conceivable be three separate tax rates affecting the building. Suggested setting a meeting with Mr. Thaler to discuss the property valuation. MADER: Commented that the Board of Review will need to be continued to May 21, 2001 at which time Mr. Arnoldi will address the issues raised for this particular property. MOTION BY ERICSON, SECOND BY ZIESKA TO ADJOURN THE PUBLIC HEARING AT THIS TIME AND CONTINUE TO MAY 21, 2001. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OLD BUSINESS Consider Approval of an Ordinance Replacing Prior Lake City Code Section 1000, Subdivision Regulations KANSIER: Reviewed in detail the proposed subdivision ordinance and the significant changes from the current ordinance. MADER: Asked if it was accurate that under the proposed ordinance a developer has one year under a preliminary plat and two years under a final plat before they are affected by new ordinances that may come online. KANSIER: Confirmed. ERICSON: Regarding wetland buffer signage, asked if there was going to be a requirement that signs be placed prior to houses being built or lots bought, and that pathways should be treated in the same manner. Also suggested that there be some specifics set out with respect to the look of the signs so that everyone recognizes them as protected wetland. Also noted that since the requirements are initiated by the Watershed District, they should be responsible for paying for the signs. KANSIER: Advised page 40 discussed monumentation, but agreed that it should be added that those items need to be in place or identified to the public prior to people purchasing properties. Assumed that the Watershed District would stockpile signs for that purpose, but advised she would follow up regarding the specific procedures. MADER: Asked what the building setback is from the wetlands. KANSIER: Under the current ordinance the setback is 30 feet from the 1 OO-year flood elevation. Under the proposed ordinance, the setback will be calculated at 30 feet from the Ordinary High Water which is a little lower than the 1 OO-year flood elevation. MADER: Clarified that the setback could then become as low as 20 feet in some instances. KANSIER: Confirmed. 5 I ~ City Council Meeting Minutes DRAFT May 7,2001 MADER: Believed that the setback calculation should be 30 feet from the 1 OO-year flood elevation with the wetland buffer from the Ordinary High Water mark. ERICSON: Agreed. KANSIER: Clarified that the affect of calculating the setback in that manner would be to maintain the setback and then some distance within that setback there would be a 20-to-30 foot wide buffer. GUNDLACH: Agreed. ERICSON: Asked if the delayed effective date of the ordinance would pose any problems for current projects. KANSIER: Advised that projects can still operate under the current ordinance and the staff has been a little more lenient on some of the details of the preliminary plat process given the Council's past input on being more customer-friendly and a lesser standard of detail at the time of preliminary plat. MADER: Suggested that the Council could act on the ordinance at this time subject to the amendments discussed. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE ORDINANCE 00-04 REPLACING PRIOR LAKE CITY CODE SECTION 1000, SUBDIVISION REGULATIONS A8 AMDK)50 TO BE EFFECTIVE JULY 1, 2001. ~~~(tb\~4 3o,f(j)} VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. S~~~ ) The Council took a brief recess. [Added - Motion to Reconsider Preliminary Plat and Conditional Use Permit for Regal Cres~ MOTION BY GUNDLACH, SECOND BY ERICSON TO RECONSIDER THE APPROVAL OF THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR REGAL CREST SOLELY FOR THE PURPOSE OF ADDRESS PARK LAND DEDICATION. PETERSEN: Discussed the use of the open space and trail on the plat and how it will address the needs of the neighborhood. Believed that natural undeveloped parkland should be considered as an asset, and that parkland doesn't always need to be developed. GUNDLACH: Indicated that he agreed with Council member Petersen, but is concerned that the parkland is private land rather than public. Doesn't believe that the parkland should be exclusive to the Association. MADER: Reminded Councilmembers that the motion before the Council is to reconsider the item before additional discussion takes place. ERICSON: Commented that regardless of the type of park, he believes it may be appropriate to revisit the issue regarding public park. 6 City Council Meeting Minutes DRAFT May 7,2001 ZIESKA: Asked if the reconsideration is for both the preliminary plat resolution and for the conditional use permit resolution. SCHMITT: Advised that both resolutions would need to be reconsidered. The motion and second accepted the amendment. ZIESKA: Commented that from an administrative standpoint, he believes that the open space in the plat appears appropriate and, as a matter of policy, unless there is significant new information, business should not be reconsidered. MADER: Supported the motion to reconsider only because two Council members have shown some concerns, and doesn't believe there is significant damaged imposed. PETERSEN: Believes there is enough land, but has some concern that it remains private. SCHMITT: Clarified that the cash dedication is $33,000 and not $1400. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Zieska, the motion carried. There was some discussion regarding the timeline for a decision. MOTION BY GUNDLACH, SECOND BY ERICSON TO DIRECT STAFF TO REVIEW THE PARK LAND DEDICATION ISSUE AND BRING IT BACK TO THE COUNCIL AT THE MAY 18, 2001 REGULAR MEETING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: -- REMOVED AS PART OF THE APPROVAL OF THE AGENDA -- Consider Approval of an Ordinance Approving a Zone Change Request from the "A" (Agricultural) District to the "R_4ff (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. 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. BOYLES: Briefly reviewed the staff report and the request before the Council. KANSIER: Reviewed the drawings and discussed the approved plan and proposed change. MADER: Commented that this project went through considerable neighborhood meetings, and that the neighborhood was concerned with the quality of the buildin~s a,~d that it I)ot look institutional ~eli~~Efs _ j, this action would result in scaling back the project. A5k~ If 1N.. (tq.,{~0' ~ i r-qj)M.f b~ t4t.. r:yvt<<.r.. ~t~ cn.~~ y r ERICSO-N: -k!oted thatlhe had assumed the replacement was stucco for vinyl resulting in more Class I materials. That seems not to be the case, and he doesn't wish to make this type of change. 7 City Council Meeting Minutes DRAFT May 7,2001 MOTION BY PETERSEN, SECOND BY MADER TO APPROVE RESOLUTION 01-XX 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. VOTE: Ayes by None, Nayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion failed. KANSIER: Suggested that the Council direct staff to prepare findings of fact for denying the resolution for consideration at the next regular meeting. MOTION BY PETERSEN, SECOND BY ZIESKA TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT DENYING THE REQUEST TO CHANGE THE PUD. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 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 O'Loughlin Property. KANSIER: Reviewed the agenda item in connection with the staff report. MADER: Asked what the past practice is regarding placement of trees with regard to private versus public property. KANSIER: Discussed that the ordinance states that the trees have to be on the property, but does allow some flexibility if there is no room on the site. Staff would have no objection to placing trees on the public property. In this case, the area would be the only usable space available. ERICSON: Asked about the minimum width of the streets. KANSIER: Advised that the streets are 32-foot wide streets, are public and meet public standards MADER: Asked if there was not SMSC trust land to the west, would the City not accept this length and type of cul-de-sac. KANSIER: Confirmed. The trust status of the land to the west and the wetland mitigation prevent us from developing the streets differently. ERICSON: Asked the size of the lots that were combined and buildings deleted in order to provide park land, and if a townhouse cluster could have been deleted instead of single family homes, and what would the builder prefer. OSMUNDSON: Advised that the two single family lots that were combined for parkland are about 7/10 of an acre. KANSIER: Noted that the single family lots were approximately 17,000 sq. ft. and the four unit townhouse lot is just under 10,000 sq. ft. GUNDLACH: Concerned with this particular development because of its isolation from future residential development and believed that requiring the 10% land dedication was important because there wouldn't be another chance to add park. 8 City Council Meeting Minutes DRAFT May 7,2001 KANSIER: Discussed the grade constraints which also present difficulties in finding 4 acres of land to be dedicated for park. MADER: Asked for clarification as to what property will be dedicated for park and what property will remain part of the homeowner's association. OSMUNDSON: Discussed the proposed park and trail areas. Advised that the homeowner's association could maintain the ditch drainage area of approximately 3.4 acres as natural open space and 1.8 acres in the Outlot, and the City could acquire the 7/10 of an acre upland for developable park and the trailway area. GUNDLACH: Asked about the Watershed District regulations regarding the use of the drainage ditch and Outlot as developable park. KANSIER: Advised that this area is not within the Prior Lake Spring Lake Watershed District. The County had no comment. Advised that 1.93 acres is shown in the plans for park without part of the ditch area. The total to be acquired is approximately 2.69 acres or about 5%. MADER: Clarified that the park dedication requirement is 4 acres, and the total being left as open space is 8.94 acres, but because much of that is not useable the developer is only receiving credit for 1.93 acres. ERICSON: Suggested that the ditch area may be useful park as natural open space. The issue then becomes maintenance. OSMUNDSON: Advised that the staff would prefer to see the homeowner's association mow and maintain the lower grade ditch area, leave Outlot A natural until later, and leaving the remaining area that will probably become ditch. ERICSON: Suggested that the City accept the 2.69 acres for park land, but only mow the 7/10 of an acre parcel next to the road and leave the rest natural with a trail. MADER: Concerned about giving more credit for parkland than usual for what is really a drainage ditch. Asked if the issues was whether to give credit for the difference between 1.93 acres and 2.69 acres and the cash dedication. Commented that it seems a trivial amount for the precedent that it would set. Believes the City's position has been that land dedicated for park should clearly be useable. ERICSON: Believed the drainage issues should be considered. ZIESKA: Suggested that the trail issues should be decided also so that the City is not getting easements from property owners after the fact. OSMUNDSON: Advised that the City will be acquiring a water main easement and the idea was that the trail could possibly be work in that way. MADER: Suggested approval of the preliminary plat and conditional use permit as proposed in the staff report by expecting a total of 8.94 acres with 1.93 acres qualifying for park land dedication, but adding the provision to satisfy the trail location. 9 I, , City Council Meeting Minutes DRAFT May 7,2001 KANSIER: Advised that the staff report recommendation would basically dedicate all of the area between the platted lots, including the wetland as park. The Public Works Director would prefer that that land remain owned and maintained by the homeowners association. Clarified the acreages, noting the relatively steep slopes in the ditch area. OSMUNDSON: Noted that normally park dedication credit would be given for the areas where trail is located which would be added to the other park dedication. MADER: Suggested that staff take the comments heard by the Council and come back to the Council with a final resolution. ERICSON: Suggested that we approve the resolution at this time and advised staff of the specific to work out. BOYLES: Noted that the resolution could establish conditions prior to the final plat. GUNDLACH: Not comfortable with approving the preliminary plat at this time because it doesn't appear that there is consensus between what the staff wants, the developer wants and the Council wants. AUCH: Advised that their intent is to provide as much land as possible, and that they are flexible and receptive to land dedication of the upland, outlot and trail area, and that the remaining area become association maintained. GUNDLACH: Commented that he doesn't see how the discussion became about accepting 1.93 when the required dedication is 4 acres. It seems that the parkland was an afterthought with whatever was left over. MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-56 APPROVING A CONDITIONAL USE PERMIT FOR A MIXED USE DEVELOPMENT BY CENTEX HOMES LOCATED ON THE O'LOUGHLlN PROPERTY SUBJECT TO THE CONDITIONS THAT (1) STAFF DETERMINE THE TRAIL AREA, (2) ONLY LAND THAT MEETS A STRICT INTERPRETATION OF THE ZONING ORDINANCE CRITERIA IS ACCEPTED FOR PARK LAND DEDICATION, AND (3) THE REMAINING DIFFERENCE IN PARK LAND BE DEDICATED IN CASH. PETERSEN: Asked if the provision applied to the conditional use permit. KANSIER: Clarified that the other conditions would be applied to the CUP resolution as well. GUNDLACH: Asked about the sign ordinance amendment to the development contract. KANSIER: Advised that the Development contract will be discussed in connection with the final plat. ZIESKA: Asked if the developer consents to the conditions. AUCH: Confirmed. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 10 City Council Meeting Minutes DRAFT May 7,2001 MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-57 APPROVING A PRELIMINARY PLAT FOR A MIXED USE DEVELOPMENT BY CENTEX HOMES LOCATED ON THE O'LOUGHLlN PROPERTY SUBJECT TO THE CONDITIONS THAT (1) STAFF DETERMINE THE TRAIL AREA, (2) ONLY LAND THAT MEETS A STRICT INTERPRETATION OF THE ZONING ORDINANCE CRITERIA IS ACCEPTED FOR PARK LAND DEDICATION, AND (3) THAT THE REMAINING DIFFERENCE IN PARK LAND BE DEDICATED IN CASH. GUNDLACH: Advised the developer of the City's sign ordinance requirements and the inclusion of the provision in the standard development agreement. AUCH: Misunderstood that events such as the parade of homes were special circumstances, but advised that the company fully intends to comply. PETERSEN: Believes that open space land is just as important as providing developed parkland. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving a Conditional Use Permit to Allow a Public Service Structure Consisting of a City Well and a Wellhouse on the Property Located at 15250 Wilds Parkway. MADER: Asked staff if the City is complying with all of its own design standards and criteria. KANSIER: Confirmed. MOTION BY MADER, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-58 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SERVICE STRUCTURE CONSISTING OF A CITY WELL AND A WELLHOUSE ON THE PROPERTY LOCATED AT 15250 WILDS PARKWAY. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Appointments to the Business Development Council. MADER: Discussed the applicants for the Business Development Council and the intent to have a diverse membership able to provide a broad range of background. Recommended Bernie Carlson, Paul Viereck, Dave Dornbusch, Bob Jader, Charlene Jasan, Layton Kinney, Rebecca Janisch, Bill Packer, Christine Walsh, Madison Groves, Ellen Mathison, Christopher Dahl and Steve Kramer. MOTION BY MADER, SECOND BY GUNDLACH TO APPOINT ALL OF THE THIRTEEN APPLICANTS TO THE BUSINESS DEVELOPMENT COUNCIL. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MADER: Advised that the City Manager will be scheduling a meeting with this group and the City Council as EDA so that introductions can be made and a discussion of goals and objectives can take place. ERICSON: Suggested that the group be included in the EDA's first meeting. BOYLES: Advised that he is looking to set a meeting for as soon as convenient. 11 City Council Meeting Minutes DRAFT May 7, 2001 Revision to Standard Development Agreement BOYLES: Suggested that the Council adopt a motion incorporating the temporary sign language into the standardized development agreement. MOTION BY GUNDLACH, SECOND BY ERICSON TO ADD THE SIGN ORDINANCE LANGUAGE TO THE STANDARD CONTRACT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS: ERICSON: Discussed clarifying the zoning ordinance with respect to how low- medium- and high- density relates to zoning classifications. There was consensus among the Council that staff look at the issue in order to provide clarification. Executive Session The Council adjourned to Executive Session to discuss the status of one pending litigation item. Upon returning from Executive Session, the Mayor advised that direction had been given and no formal action was required. Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned at 10:35 12