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HomeMy WebLinkAboutAgenda & Minutes City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: April 6, 1998 1. CALL TO ORDER................................................................................7:30 p.m. 2. PLEDGE OF ALLEGIANCE: 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. March 16, 1998 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to Be Paid. B. Consider Approval of Ordinance 98-XX Amending the Provisions of the Zoning Ordinance Relating to the Required Notice for a Comprehensive Zoning. C. Consider Approval of Resolution 98-XX Authorizing Staff Purchase (1) One 1998 or Current Model Skid Loader and Attachments D. Consider Approval of Change Order No. 1 to the Contract for Construction of Pike Lake Trail to Eliminate a Retaining Wall. E. Consider Approval of Massage Therapy License for Kevin Haferman. F. Consider Approval of Resolution 98-XX Approving "Construction and Maintenance Agreement" for Sanitary Sewer and Water. G. Consider Approval of 1997 Annual Planned Unit Development Status Report H. Consider Approval of 1997 Variance Summary Report I. Consider Approval of Revised City Purchasing Policy. J. Consider Approval of Resolution 98-XX Awarding the Bid for the Reconstruction of Wellhouse #3, Project 97-03. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. Proclamation Declaring the Week of April 19 - 25 as Volunteer Recognition Week in Prior Lake. 164Q~agle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. PUBLIC HEARINGS: A. Consider Approval of Resolution 98-XX Approving Administrative Subdivision and Variance for Hillcrest Homes on Property Described as Lots 40, 41, and 42, Red Oaks. 9. OLD BUSINESS: A. Consider Approval of Report Providing Follow-Up on 1) On Street/Off Street Parking for Fisherpersons near CSAH 21 Fishing Pier and 2) Alternate Access in lieu of Shady Beach. B. Consider Approval of Prior Lake Strategic Plan. e. Consider Approval of Revised Agenda Report Format. 10. NEW BUSINESS: A. Consider Approval of an Appeal by Burdick Properties of the Planning Commission to Deny a Setback Variance by Burdick Properties to the Rear Yard Setback Adj acent to Residential Property for the Existing Trash Enclosure on the Property Located at 14180 Commerce Avenue. B. Consider Approval of Ordinance 98-XX Establishing a Moratorium on the Operation of Certain Recreational Vehicles. e. Consider Approval of Ordinance 98-XX Repealing Ordinance 92-09 Which Deleted Mineral Extraction as a Conditional Use in the A-I and C-l District. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 4698.DOC , \ REGULAR COUNCIL MEETING MINUTES Date: March 16, 1998 1. CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, City Engineer Ilkka, Parks and Recreation Director Hokeness, Parks Supervisor Friedges, Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. 3. APPROVAL OF AGENDA: . The agenda was approved by General Consent. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. March 2, 1998 . City Attorney Pace provided a memo regarding an amendment to two items on page 19 of the minutes. The amendment will be incorporated. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE MARCH 2, 1998 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Animal Control Report for February. D. Consider Approval of Building Permit Report for February. E. Consider Approval of Resolution 98-34 Authorizing the Purchase of One 72" Rotary Mower. 162Q~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4215 AN EQUAL OPPORTUNITY EMPLOYER F. Consider Approval of Resolution 98-35 Authorizing the Preparation of Specifications, Advertisement and Solicitation of Bids for A) One Utility Maintenance Vehicle with Herbicide Sprayer and Ballfield Drag and B) One Utility Maintenance Vehicle with Athletic Field Line Striper. G. Consider Approval of Resolution 98-36 Authorizing the City to Apply for a Department of Natural Resources Natural and Scenic Area Grant. H. Consider Approval of Resolution 98-37 Requesting that Scott County Have a Traffic and Engineering Study Conducted on CSAH 12 (170th Street) from TH 13 to the City's Westerly Border. 1. Consider Approval of Preliminary 1997 4th Quarter Budget Report. J. Consider Approval of Change Order No. 1 to the Contract for Construction of Pike Lake Trail to Eliminate a Retaining Wall. K. Consider Approval of Purchase of Resolution 98-38 Approving the Chevrolet Suburban to Replace Existing City Vehicle. L. Consider Approval of Fire Call Report for February, 1998. . Mayor Mader requested that items 5 E, F, G, J, and K be removed from the Consent Agenda for futher discussion. MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE CONSENT AGENDA ITEMS A, B, C, D, H, I, AND L. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: A. (5E)Consider Approval of Resolution 98-34 Authorizing the Purchase of One 72" Rotary Mower. . Mayor Mader asked whether the mowers being replaced were the ones currently being used, and what the cost of the combined purchase on items 5E and 5F were. . Parks Supervisor Friedges said together it was approximately $34,000. . Mayor Mader asked if they could continue using the older mower until it dies, since striping did not seem to be a heavy usage task. . Parks Supervisor Friedges said the one currently being used is almost dead. With the purchase of this equipment, it will be able to handle a lot more use. It can be used as a lightweight utility vehicle, which can be used for many more jobs. . Mayor Mader asked whether the striping equipment could be used for more than striping. . Parks Supervisor Friedges said the vehicle has a dump box on it so it can be used to haul material, and it is street legal. They currently use a pickup and trailer to transport the existing striping equipment, which ties up a pick up. 31698.DOC 2 . Mayor Mader said he was uncomfortable with the idea of buying this vehicle just for striping. If the present equipment works, the City should use it. He said he would prefer to go ahead with the mower and the maintenance vehicle but not go ahead with the striper. . Parks Supervisor Friedges said the Parks Department has a shortage of pickups. With this equipment, they will have another one to assist in daily tasks. It would increase departmental efficiency because they would not have to lease or rent as they currently do. . Councilmember Schenck asked how many hours per week were put on the striper? . Parks Supervisor Friedges said sixteen hours, or two days. . Councilmember Schenck asked if he would contact the City of Savage regarding a possible Joint Agreement for striping. . Parks Supervisor Friedges said he would. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-34 AUTHORIZING THE PURCHASE OF ONE 72" ROTARY MOWER. Upon a vote, ayes by Kedrowski, Petersen, Schenck, Wuellner, nay Mader, the motion carried. B. (5F) Consider Approval of Resolution 98-35 Authorizing the Preparation of Specifications, Advertisement and Solicitation of Bids for A) One Utility Maintenance Vehicle with Herbicide Sprayer and Ballfield Drag and B) One Utility Maintenance Vehicle with Athletic Field Line Striper.. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98- 35 AUTHORIZING PREPARATION OF SPECIFICATIONS, ADVERTISEMENT AND SOLICIT A TION OF BIDS FOR A) ONE UTILITY MAINTENANCE VEHICLE WITH HERBICIDE SPRAYER AND BALLFIELD DRAG AND B) ONE UTILITY MAINTENANCE VEHICLE WITH ATHLETIC FIELD LINE STRIPER. Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay Mader, the motion carried. C. (5G) Consider Approval of Resolution 98-36 Authorizing the City to Apply for a Department of Natural Resources Natural and Scenic Area Grant. . Mayor Mader asked what would happen if the grant was approved and an agreement cannot be reached with the Kops regarding the land? . Parks and Recreation Director Hokeness said then the grant would be withdrawn. The grants have preliminary approval in May but not officially until August. 31698.DOC 3 . . . . . . . . . . . . . . 31698.DOC MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98-36 AUTHORIZING THE CITY TO APPLY FOR A DEPARTMENT OF NATURAL RESOURCES NATURAL AND SCENIC AREA GRANT. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, Wuellner, the motion carried. D. (5J) Consider Approval of Change Order No.1 to the Contract for Construction of Pike Lake Trail to Eliminate a Retaining Wall. Mayor Mader asked whether the overhead of $5500 was the total overhead cost or a reduced amount to apply to the portion they are actually paying. It appears the City is paying for the work the contractor already incurred and $5500 overhead. City Engineer Ilkka said that was the total overhead including the total wall. Mayor Mader said so the contractor is getting the total overhead although he is doing a significantly lesser task. City Engineer Ilkka said that is what he allocated to the wall. Mayor Mader said the overhead cost should go down. Why is there full overhead on a project that went from $93,000 to $7,100? City Engineer Ilkka said that is not his total overhead on the contract. He said he did not know whether on his bid he was going to expend that amount on the wall work. Mayor Mader asked if the work was additional because the wall was being eliminated. City Engineer Ilkka said yes. Mayor Mader said elimination ofthe wall was not the City Council's decision. City Engineer Ilkka said it was. Mayor Mader said if the project is being scaled back at the request of the contractor, should they still be paying the full overhead cost? City Engineer Ilkka said a truer perspective would be a project reduction of $93,000 to $20,000. Mayor Mader said fixed overhead is not equitable. Councilmember Kedrowski suggested that staff go back and ask the contractor to redefine the overhead costs. 4 MOTION BY SCHENCK SECOND BY WUELLNER TO TABLE ITEM 5J TO THE APRIL 6 CITY COUNCIL MEETING SO STAFF CAN DISCUSS THE OVERHEAD WITH THE CONTRACTOR. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. E. (5K) Consider Approval of Purchase of Resolution 98-38 Approving the Chevrolet Suburban to Replace Existing City Vehicle. . Mayor Mader asked about the existing vehicle having only 41,000 miles and whether the truck has actually exceeded its useful life. He also questioned the trade in value identified for the new truck. . City Engineer Ilkka said the existing vehicle is 12 years old and in terrible condition. He said he did not know how it was maintained previously, but it is his understanding that with proper preventive maintenance, the new one should maintain a good trade-in value. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98.:. 38 APPROVING THE PURCHASE OF CHEVROLET SUBURBAN TO REPLACE EXISTING CITY VEHICLE. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 7. PRESENTATIONS: There were no presentations. 8. PUBLIC HEARINGS: There were no public hearings. 9. OLD BUSINESS: A. Consider Approval of Resolution 98-XX Relating to the Timothy/Commerce/CSAH 42 Intersection Configuration. . City Manager Boyles introduced the item. Scott County asked that the Prior Lake City Council reconsider the intersection configuration. The City Council supported the as-is configuration. The developer believes that for safety reasons intersection C is more appropriate. This intersection does not affect access to Prior Lake businesses. It affects egress but provides for same access that currently exists. Based upon County information, intersection C looks to be the most long-lived. The Council has received petitions and phone calls addressing concerns of residents and businesses in the area. The resolution being considered provides for intersection C as opposed to the as-is configuration. . Mayor Mader said he and Councilmember Schenck served as a subcommittee. They were unable to reach a solution that they both could agree upon. . Councilmember Schenck said he attended the Scott County Board meeting. When Savage began development plans, they discovered that the first few feet were in Prior Lake, and 31698.DOC 5 went for consolidation annexation. Their concern was having no control over the curb cut. Prior Lake held a workshop January 12th, inviting the government from both the City of Savage and Scott County. During the workshop, there was talk of changing internal streets, access at Timothy, and a signal at Rutgers. There was no objection from either Savage or Scott County to the proposed designs. On February 2nd, results of the workshop were reported at the City Council meeting. The Council held a public hearing on February 17th and listened to the residents' concerns. Some residents wanted Timothy closed. Rutgers residents did not want a stoplight. The Council voted to cooperate with the stoplight despite residents' protests. He said he heard at the meeting last Tuesday that everyone had cooperated except Prior Lake. One comment was that the developer wanted to place the stoplight at Timothy. With traffic patterns established, closing any access eliminates development of the remaining parcels. Why is there a need for a second left turn? What about the traffic pattern that has already been established? Now the City of Prior Lake is being asked to pay for restricted access to its businesses. As part of the incentive for Prior Lake to cooperate, the tax reduction would be $85. Cooperation with Savage is there. CSAH 42 is grid-locked by signalized intersections. Now the City knows it can begin CSAH 42 and 18 and is looking forward to developing the area. If the Council chooses to maintain the position, he hopes Scott County will not pursue it dispute resolution process. He said he remained in support of the project but not by hurting Prior Lake businesses or residents. . Mayor Mader said he and Councilmember Schenck met on the issue and concluded that it would have to be brought back to the Council without a recommendation of the subcommittee. . Councilmember Petersen said traffic will increase, and businesses there will have a lot more traffic going by. If there is no traffic there is no business. . Councilmember Kedrowski said he had spoken with a lot of citizens, and taken some offense to what he had seen in the newspaper. Prior Lake has responded to the issues. At the first meeting in March, the Council was asked to revisit the issue. He said an example of the County's past cooperation would be the request by County Market. County Market has asked for a stop light to facilitate traffic movement and would like to expand. The County has no interest in facilitating that project. Now the Council is being told to reconsider its position by the County. The County is asking Prior Lake to retro-fit and is giving no consideration for the fact that there are already existing businesses and houses. They are taking land opportunity costs, but who will indemnify the City of Prior Lake if it gets sued? From a tax perspective, who is paying for the accesses on 42? He said he felt his job was to protect the Prior Lake taxpayer and business-owner. He said he can't support elimination of the access. . Councilmember Wuellner said he understood it as a public safety issue. There is logic for having the intersections remain as is. It was suggested that the "as is" intersection had a useful life of 2-3 years. If it was not a viable option, why would they give it a 2-3 year life span? 31698.DOC 6 . Mayor Mader said with regard to the comments of Councilmembers Kedrowski and Schenck, in reading the attitude of the County and Savage, the newspaper implied that the City of Prior Lake was doing nothing and the others were bending over backwards. He said he saw the landowner could have three full access intersections from CSAH 42. If that was done without Prior Lake participation, then the County and Savage are proceeding without us. The die has been cast and parties are cast in a polarized position. The resolution that was passed was a compromise. It was done with the understanding that it would be acceptable to the developer. He mentioned the petition from PDQ asking the intersection to be left as-is. He said he would support intersection C. He had calls from people who live in the area who would support it. Another issue is the tax benefit. Whether it is now or a year from now, it will be developed. In a year there will be separation of east and west bound lanes. He said he did not think that any Councilmember was acting with malicious intent. Considering how the tax flows to the County, it appears that the benefits from the development will be more than what is received from the industrial park. TIP removes the benefit from the taxpayers. MOTION BY KEDROWSKI SECOND BY WUELLNER TO HAVE THE CITY OF PRIOR LAKE HAVE SCOTT COUNTY, CITY OF SA V AGE, AND THE DEVELOPER, 1) GIVE CONSIDERATION FOR INDEMNIFICATION OF THE CITY OF PRIOR LAKE FOR CLAIMS MADE FOR DENIAL/RESTRICTION OF ACCESS, AND 2) THAT THE COST OF DEVELOPMENT OF CSAH 42 AND TIMOTHY AVENUE AND CSAH 42 AND RUTGERS INTERSECTIONS BE PAID FOR BY THE COUNTY AND SAVAGE, AND 3) ASK THE COUNTY, DEVELOPER, CITY OF SAVAGE TO SHARE IN THE COST OF ALTERNATIVE ACCESS (FRONTAGE ROAD) REQUIRED DUE TO CHANGES/RESTRICTIONS/CLOSURE OF TIMOTHY /CSAH 42. . Councilmember Kedrowski said if the City does not take preemptive steps, we are leaving ourselves exposed. There is no direct benefit to the City of Prior Lake. This project or the access points are going to be changed and it will impact our business. If alternative C is chosen, long term should be a consideration; someone is going to have to pay for those improvements. . Councilmember Schenck said as a Realtor, one thing we know is that location is important. If the County elects to restrict access, does that diminish the property value? Those businesses are convenience based. That is indicative of the type of business we need to maintain and support. These are the types of businesses that will go elsewhere. These businesses will pay tax dollars to the County, City, and School District, and there will be a negative impact to the City. Clearly, Intersection A gives an advantage to Prior Lake, but the development also has a benefit with the stoplight at Rutgers. Intersection C has a negative impact to Prior Lake and a double benefit to Savage. The other Rainbows do not have accesses like that. . Mayor Mader said he would assume if this goes to dispute resolution, there would be efforts to compromise. Mayor Mader called the question. Upon a vote, ayes by Mader, Kedrowksi, Petersen, Schenck, and Wuellner, the motion carried. 31698.DOC 7 B. Consider Approval of Ordinance 98-03 Approving a Zone Change from the A-I (Agricultural) District and the C-l (Conservation) District to the R-2 (Urban Residential) District, Resolution 98-XX Approving the Conditional Use Permit for 121 Townhouse Units and Resolution 98-39 Approving the Preliminary Plat for "Glynwater ". . City Manager Boyles introduced the item. The purpose was to adopt an ordinance approving a zoning change. Second, adopt the resolution approving the preliminary plat and also defer the action approving the CUP until the developer submits final plans. There was an issue of conservation of slopes. The Planning Commission looked at it to see if it was in compliance with the Comprehensive Plan. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 98- 03 APPROVING A ZONE CHANGE FROM THE A-I DISTRICT AND C-l DISTRICT TO THE R-2 DISTRICT . City Attorney Pace said the Planning Commission recommendation was for a zoning change on pages 2 and 3. . Planning Director Rye said the property was currently divided by the MUSA line. 75% was within MUSA. The proposed phasing is within two stages. It is appropriate to deal with the zoning now. The CUP establishes the phasing. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. . City Attorney Pace said when they do the preliminary plat, it will have a staging plan. Shouldn't the preliminary plat also have to come back within a certain time period? A condition of the preliminary plat should deal with a variance to that amount of time, in case they do not have the MUSA designation. . Councilmember Kedrowski asked what type of amendment was being added to the resolution? . Councilmember Schenck asked City Attorney Pace to add number 5 of the Resolution regarding the Preliminary Plat. . This item was moved to the end of the agenda so the City Attorney could review the resolution. C. Consider Approval of Report on Resolution 98-40 Authorizing Cablecasting of Advisory Committee Meetings. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 40 AUTHORIZING CABLE CASTING OF ADVISORY COMMITTEE MEETINGS. 31698.DOC 8 . City Manager Boyles introduced the item regarding cable casting advisory committee meetings. Live telecasts of City Council meetings are planned to begin June 1. Beginning September 1, the City would begin to cable cast advisory committee meetings. This will allow four months to work out the details of the system before televising all of the committee meetings. The estimate is that by following this format an additional $720, above and beyond the $1,200 budgeted, would be required to provide for coverage of the advisory committee meetings. . Mayor Mader asked whether this had been discussed with the advisory bodies as to whether they wanted to be on Cable. . Councilmember Kedrowski said it was mostly a policy question that the City Council should make. . Mayor Mader said these are volunteer committees. It should be discussed with them. . Councilmember Kedrowski said the EDA and Planning Commission are paid staff members. It can be a learning tool for them. . City Manager Boyles said they could adopt the resolution with the understanding that the committees will be contacted and if there is a big problem with televising the meetings, the City Manager will inform the City Council. . Councilmember Kedrowski said they were looking at six months down the road. . Councilmember Schenck said at a minimum it would have to be the EDA and the Planning Commission. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 10. NEW BUSINESS: A. Consider Approval of Ordinance 98-04 Amending Section 9-4-15 of the Prior Lake City Code relating to Water Restriction. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE ORDINANCE 98-04 AMENDING SECTION 9-4-15 OF THE PRIOR LAKE CITY CODE RELATING TO WATER RESTRICTIONS. . Councilmember Kedrowski asked whether the City had contacted our legislators regarding a bill relating to a $2 million provision for a business loan. . City Manager Boyles said he talked with Senator Robling and Representative Kelso. The lobbyist hired by the City of Savage found a business loan program, and the senate version ofthe bill provides for the $2 million. That is no guarantee that it will survive. This is for the purpose of preserving the fen. 31698.DOC 9 . Mayor Mader asked whether the bill had cleared the Senate and House. . City Manager Boyles said it has not cleared the House. . Councilmember Kedrowski said the City will have to go to deeper subterranean aquifers. It is cost prohibitive. Savage has state money and Prior Lake citizens will have to pay. There should be cost sharing or something. . City Manager Boyles said he would contact legislative offices. . Mayor Mader asked if it was the same aquifer as Savage. . City Manager Boyles said that it was the same. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck and Wuellner, the motion carried. B. Consider Approval of Appointments to City Councilmembers to Serve as Liaisons to Boards and Commissions. . City Manager Boyles introduced the item. It was recommended that Councilmember Petersen serve as liaison to the Parks Advisory Committee, Councilmember Wuellner serve as liaison to the Library/ Building Committee, Councilmember Kedrowski serve as liaison to the Lake Advisory Committee and Councilmember Schenck serve as liaison to the Planning Commission. . Councilmember Petersen mentioned that he may have a conflict with the PAC's meeting date ofthe second Tuesday. . City Manager Boyles said he would discuss this with the Parks and Recreation Director and PAC. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE STAFF REPORT APPOINTING CITY COUNCILMEMBERS TO SERVE AS LIAISONS TO BOARDS AND COMMISSIONS. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Consider Approval of Resolution 98-41 Approving the Cooperative Agreement with Scott County for Cost Sharing of Aerial Photography and Stereodigitizing. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 41 APPROVING THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR COST SHARING OF AERIAL PHOTOGRAPHY AND STEREODIGITIZING. 31698.DOC 10 ~r . Councilmember Schenck asked what this will do for the City of Prior Lake. · Planning Coordinator Kansier said Prior Lake will get a lot more useable information. There will be large scale aerial photographs. Also, the system will create hard copies of topographical maps. The current ones being used are from the 1960's-70's. The City will receive the information in digital format and hard copy. . Councilmember Schenck asked what are the copyrights? . Planning Coordinator Kansier said the City will be able to sell it to anyone based on a 50/50 profit sharing. The City gets occasional requests from property owners, but most requests are from developers. . Councilmember Schenck said so it is the City's right to use it as it wants. . Planning Coordinator Kansier that is right. · City Manager Boyles said this is mainly for internal use, but once it is available the City can sell it. . Councilmember Schenck asked if there were sectional photos that the City can customize as needed. . Planning Coordinator Kansier said they can copy any section of the photo. · Mayor Mader asked about the issue of sale and distribution. He said he thought he saw in the agreement that Prior Lake can't make copies or distribute. · Planning Coordinator Kansier said she understood the City could make copies for sale but would need to share the profit 50/50 with Scott County. . City Attorney Pace said the City could recover the cost of obtaining the data. . Planning Coordinator Kansier said the cost sharing is more of a concern when selling in a digital format. . Mayor Mader asked about visibility to two foot contours, and the purpose of developing the maps. · Planning Coordinator Kansier said it was a better level than is currently available. They will be using them for road projects and other City specific uses. . Mayor Mader called the question. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 31698.DOC 11 9Bcontinued..) Consider Approval of Ordinance 98-03 Approving a Zone Change from the A-l (Agricultural) District and the C-l (Conservation) District to the R-2 (Urban Residential) District, Resolution 98-XX Approving the Conditional Use Permit for 121 Townhouse Units and Resolution 98-39 Approving the Preliminary Plat for "Glynwater". . City Attorney Pace said in January of last year there was an ordinance amendment that provided for staging phased development. State statute said the final plat must be complete by one year following the preliminary plat. The following proposed language would hold the official controlled Comprehensive Plan and Subdivision Ordinance that exists today to apply to the phased part for a period of three years. The language suggested for condition number five should read "that the provisions of City's Comprehensive Plan, Subdivision Ordinance, and official controls in effect as of the date of approval of the preliminary plat will apply to that portion of the preliminary plat located outside the MUSA and referred to as phase 2 for a period of three years from the date of approval of this resolution." That means with respect to plats inside the MUS A, it is still only one year. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98- 41 AS AMENDED BY STAFF. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE RESOLUTION 98- XX APPROVING THE CONDITIONAL USE PERMIT FOR 121 TOWNHOUSE UNITS TO APRIL 20TH, 1998. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: . There is a planning seminar at the Fire Station on Tuesday, March 31st, 5:30 - 9:30 p.m. sponsored by Planning Departments in Scott County. . The Zoning Ordinance workshop was scheduled from 7:00 - 10:00 p.m. on the 18th It is suggested that they go no further than the end of 11-02, page 93. . Councilmember Kedrowski said he would like to request analysis of the Wensman issue that was discussed at the open forum. He wants some direction. . Councilmember Wuellner said he will not be at the April 20th meeting. . Councilmember Schenck asked about getting together with the Dakota Community for dinner. . Mayor Mader said he would be meeting with Stanley Crooks tomorrow. 31698.DOC 12 . City Manager Boyles said Bill Rudnicki brought it up to the Tribal Council, and they were receptive to the idea. . Councilmember Schenck said the Lake Advisory Committee should be informed about Council's concerns with the manhole covers and the III. The LAC has done a comprehensive job and should be aware of the concerns. MOTION BY SCHENCK SECOND BY WUELLNER TO HAVE THE CITY EXPLORE INTERNET OPTIONS. . Councilmember Schenck said he would like to be involved in the preparation of a proposal. . Councilmember Kedrowski said there would be a concern regarding how to pay for it. . Councilmember Schenck said the direction includes cost analysis, maintenance, etc. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. . Councilmember Schenck asked whether the Dakota Community has an EDA. . Councilmember Kedrowski said they have a Business Council. . City Manager Boyles said they have a Business and Tribal Council. . Councilmember Schenck said one thing they should discuss was a cooperative marketing agreement. 12. ADJOURNMENT: . The meeting adjourned to Executive Session at 9:30 p.m. 13. EXECUTIVE SESSION: To Discuss Pending Litigation Concerning Challenge by Keep Spring Association to Incorporation, Annexation (Deerfield and South Shore Drive) and Orderly Annexation Agreement. The Executive Session was adjourned at 10:21 p.m. and the regular City Council meeting resumed. il Meeting was adjourned at 10:23 p.m. ~!bd2 Recording Secretary 31698.DOC 13