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HomeMy WebLinkAbout0416 RegularREGULAR 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. MADER: Added under Presentations an item proclaiming a national day of prayer. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF MEETING MINUTES OF APRIL 2, 2001 MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE APRIL 2, 2001 MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MEETING CONSENT AGENDA: (A) Consider Approval (B) Consider Approval (C) Consider Approval (D) Consider Approval (E) Consider Approval of Invoices to be Paid. of Treasurer's Report. of a Building Permit Report. of a Animal Warden Monthly Report. of a Fire Call Report. (F) Consider Approval of 2001 1st Quarter Investment Report. (G) Consider Approval of 2001 1st 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. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes 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 type of erosion. Further discussed erosion control and the benefits of natural vegetation, including attraction of wildlife, water quality and aesthetics. GUNDLACH: Asked what the next steps are in addressing those properties with visible erosion problems. MCCOMAS: Advised that the process at this point is to evaluate each of the parcels showing erosion and then approaching the property owner to address mitigation measures. There are no current ordinances requiring property owner participation. ERICSON: Asked if the owners have been approached at this point. Also asked if there is any intention at some point to enact an ordinance requiring natural repair of the lakeshore, and what the long-term vision is for any on-going restoration. LEICHTY: Advised that the Lake Advisory Committee now plans to work on a draft letter to be sent to the property owners identified in the report that show erosion. The letter will provide a list of potential 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. 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. City Council Meeting Minutes April 16, 2001 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 2"d 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. 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 01-37 VACATING A DRAINAGE AND UTILITY EASEMENT IN THE WILDS 2ND ADDITION. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Vacating a Drainage and Utility Easement in Wensmann Ist 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. 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. 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. 3 City Council Meeting Minutes April 16, 2001 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 Trial, 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. MCDERMOTT: Added that if the Council gave direction at this time on any of the matters mentioned, then that direction could be incorporated into the specifications. GUNDLACH: Advised that he didn't feel informed enough about both sides of the issues to make a decision at this time. MADER: Suggested that the Council act on the plans and specifications and then direct staff to bring the issues back to the Council as a separate matter. There was consensus among the Council to proceed in the manner suggested by the Mayor. t~UNDLACH: Asked the City Engineer to briefly review the costs for the project and where the funds were coming from. MCDERMOTT: Advised that the total project cost was $1.8 million, $500,000 of which would come 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. 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. 4 City Council Meeting Minutes April 16, 2001 MOTION BY ERICON, 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, therefore setting a timeline for closure. The motion and second accepted the friendly amendment. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Four (4) Sets of Playground Equipment. FRIEDGES: Discussed the agenda item in connection with the staff report. BOYLES: Asked for clarification on how the play events were counted. FRIEDGES: Advised that the swing unit in considered four events, and each item thereafter one 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. (~UNDLACH: Concurred with Councilmember Ericson's comments. MADER: With respect to Thomas Ryan Memorial 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. FRIEDGES: 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. 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. 5 City Council Meeting Minutes April 16, 2001 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. PACE: Suggested rather than negotiating, the bid notice should be modified that those items with 3- year warranties would be extended to 4 years for thestated reason, and just put the vendors on notice of the City's intent. PETERSEN: Added that an option could be given to either install the equipment later and give a 3-year warranty, or install it at the same time as the initial installation and extend the warranty to 4 years. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-40 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR FOUR (4) SETS OF PLAYGROUND EQUIPMENT AS IDENTIFIED IN THE 2001 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Authorizing Staff to Solicit Bids for Trails and Basketball Courts. FRIEDGE$: 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 si 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. 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. 6 City Council Meeting Minutes April 16, 2001 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 purchasing one-ton vehicles rather than smaller models because you get more truck for the money, the re-sale is better, and the vehicles have more versatility. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-42 AUTHORIZING THE PURCHASE OF TWO VEHICLES UNDER THE STATE COOPERATIVE PURCHASING PROGRAM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. HARTMAN: Discussed, in connection with the staff report, the request by the Fire Department for the purchase of a one-ton 4x4 pickup with a water pump and miscellaneous equipment to be used as a grass fire fighting rig. ERICSON: Commented that in comparing the base prices of this unit from the same dealer there appears to be a $4500 difference. HARTMAN: Believed the difference was the plow. Further clarified the difference between the proposed truck and the public works vehicle. MADER: Asked if this truck was included int eh 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 total for the proposed truck and estimated equipment is $51,653. GUNDLACH: Asked how this vehicle will be used in connection with the vehicle purchase 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. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-43 AUTHORIZING THE PURCHASE OF ONE 4x4 ONE-TON EXTENDED CAP PICKUP WITH BOX AND APPURTENANT EQUIPMENT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 7 City Council Meeting Minutes April 16, 2001 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 issues should be determined by the City Council exclusive of the EDA. ERICSON: Concurred. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE BYLAWS AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Establishing a Per Diem for Planning Commission and Economic Development Authority Commissioners. BOYLES: Reviewed the agenda item in connection with the staff report and his recommendation to increase those per diems to $60 per diem meeting rate for the Planning Commission, and $75 per diem meeting rate for the Economic Development Authority Commissioners. The additional costs to the City would not exceed $3500 per year. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-44 ESTABLISHING A PER DIEM FOR PLANNING COMMISSION AND ECONOMIC DEVELOPMENT AUTHORITY COMMISSIONERS. MADER: Commented that the Planning Commission is a very difficult task that addresses 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. MAD£R: 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. 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. City Council Meeting Minutes April 16, 2001 MADER: Commented that he had been following some of the bills before the state legislature that relate to items such as 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 he 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, although generators for wells 3 and 4 will be proposed in the Capital Improvement Program for several years out. BOYLES: Advised that the City obtained this generator as part of The Wilds development because the booster station was such a unique installation at the end of the water line. Using the generator as a backup would maximize the use of the equipment. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-45 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR PUMPHOUSE FOR WELL NO. 6. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of a Resolution Approving the Preliminary Plat and a Resolution Approving a Conditional Use Permit for a 74-Unit Townhouse Development to be Known as Regal Crest. KANSlER: 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. KANSlER: 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 or the sake of consistency. 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. City Council Meeting Minutes April 16, 2001 KANSlER: 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: Asked if the Wensman addition had a similar situation, and if there were any private streets proposed. Also asked staff to address the access to CSAH 21. KANS~ER: Confirmed that the Wensman development nearby had similar slope issues and that there were no private streets proposed for this development. Explained that with respect to access, the County has guidelines where they would prefer full access intersections to be a quarter mile apart, or at Lords Street. At some point in the future when the area is fully developed, the County will upgrade CSAH 21 and the proposed intersection would become a right-in right-out with a closed median and the full intersection would be at Lords Street. ERICSON: Further discussed the available parking for the development. Concerned that there is not adequate parking if there is no on-street parking on Jeffer's Pass. OSMUNDSON: Advised that the City would probably allow parking on one side of Jeffer's Pass. In the future, as the other properties develop, there could be a problem but believed the tendency when the property to the north was developed would be access from the north. Noted that on-street parking issues and traffic are often issues that the City monitors and addresses as areas develop. 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 2½ acres of useable upland that would be appropriate for park. There is a park less than a lA 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. 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 10 City Council Meeting Minutes April 16, 2001 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. KANSIER: Advised that staff reviewed a certified wetland delineation report and believes the calculations were appropriate. MADER: Referring to the letter from the Dakotah Community, asked if the present plan extended the run-off to adjacent properties with respect to both rate and volume. KANSIER: Based on the Watershed District review and review by the Engineering Dept., there is no increase in run-off onto the adjacent properties with respect to both rate and volume. The run-off will be held on the site. ERICSON: Commented that he would like to see additional parking available. MOTION BY MADER, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-46 APPROVING THE CONDITIONAL USE PERMIT FOR A 74-UNIT TOWNHOUSE DEVELOPMENT KNOWN AS REGAL CREST AS AMENDED. 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. KANSlER: 32 feet. ZIESKA: Asked if parking allowed on a 32-foot wide street was 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 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. 11 City Council Meeting Minutes April 16, 2001 MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-47 APPROVING THE PRELIMINARY PLAT FOR REGAL CREST. (~UNDLACH.' Pointed out that all property and developments are unique, and this development should not be compared to others. MADER: Asked if the size and shape of the nerp pond has been determined. KANSlER: Advised that the size and shape is a function of volume and has probably been approved if the developer has obtained the Watershed District permit. In any event, the City staff will have an opportunity to review those issues prior to final plat. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Approving a Conditional Use Permit to Allow the Grading and Excavation of Property Located in Section 28, Township 115, Range 22 to Construct Dakotah Parkway. 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. BILL RUDNICKI (Tribal Administrator): 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. 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. 12 City Council Meeting Minutes April 16, 2001 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: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS: Executive Session to Discuss Pending Litigation The Council adjourned to Executive Session to discuss Vierling litigation and SMSC litigation. Upon returning from Executive Session, the Mayor advised that direction had been provided, but no formal action was necessary. A motion to adjourn was made and seconded. The meeting adjourned at 10:50 pn~. Frank Boyles, City Manager Kelly Meyer, Reco~g Secretary 13