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HomeMy WebLinkAboutAgenda & Minutes . , 7:o'rJ p.m. ~ REGULAR COUNCIL MEETING AGENDA Date: April 21, 1997 1. CALL TO ORDER................................................................................ 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of First Quarter Budget Report and Overview. D. Consider Approval of First Quarter Investment Report Summary. E. Consider Approval of Animal Warden Report for March, 1997. F. Consider Approval of Fire Call Report for March, 1997. 5. PRESENTATIONS: A. Annual Prior Lake I Spring Lake Watershed District Report - President Dave Moran 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: A. Consider Approval of a Report Regarding a Request by Todd and Deborah Batdorf for Median Removal. B. Consider Approval of Report Regarding Cable Televising of City Council Meetings. C. Consider Request by Maple Hills H.O.A. Relative to Utilities. D. Consider Approval of Revisions to Joint Powers Agreement with Minnesota Valley Transit Authority (MVT A). E. Consider Approval of Burning Permit and Fire False Alarm Fees 8. NEW BUSINESS: A. Consider Approval of Collective Bargaining Agreements: 1) Resolution 97-XX Ratifying 1995-1997 Teamsters _ Pro Representing Supervisors 16~J;~gJe Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447A230 / Fax (612) 447A245 AN EQUAL OPPORTUNITY EMPLOYEE , , ." 2) Resolution 97 -XX Ratifying 1997-1999 LELS Representing Police Officers and Detectives ~/ ,'. 3) Resolution 97-XX Ratifying 1997-1999 Teamsters - Representing Sergeants B. Consider Approval of Amendment to 1997 Parks and Trail Capital Improvement Program. C. Consider Approval of Resolution 97-XX Extending Recording Time for the Final Plat of "Wilderness Ponds Second Addition". . . ..... =-- i D. Consider Approval ~f Resolution 9.7-XX Authbdzing ~n Application for Waiver of FDA Preemption of Tobacco Ordinance Provisions. 9. OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT 42197.DOC " ..... -,. PRIOR LAKE CITY COUNCIL MEETING MINUTES Date: April 7, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p,m. Present were Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant City Manager Tremere, Finance Director Teschner, Parks and Recreation Director Hokeness, Recreation Supervisor Woodson, Planning Coordinator Kansier, Public Works Director Ilkka, Assistant City Engineer McDermott, Engineering Tech Evens, Police Chief Powell, Fire ChiefChromy, and Recording Secretary Oden, 2, PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting, 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A, February 26, 1997 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE FEBRUARY 26, 1997 SPECIAL MEETING. Upon a vote, ayes by Kedrowski, Mader, and Schenck, abstention Andren and Greenfield, the motion carried. B. March 17, 1997 . Page 8 should reflect that Councilmember Kedrowski raised the issue regarding a setback of 50 feet. . Page 4 should reflect that Councilmember Mader's vote on the action was nay. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE MARCH 17 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER A. Consider Approval of Invoices to be Paid. B. Consider Approval of Building Permit Report for March. C. Consider Approval of Final Change Order and Payment for Maintenance Center. D. Consider Approval of Prior Lake Spring Lake Watershed District Agreement Regarding Control of Eurasian Millfoil. E. Consider Approval of Ordinance 97-09 Revising the Massage Therapy Ordinance to Clarify Inspection of Premises Used for Massage Therapy. F. Consider Approval of Ordinance 97-10 Amending the Tobacco Ordinance to Bring Consistency with Federal Age Requirements. G. Consider Approval of Resolution 97-22 Approving Extension of Time for Buckingham Recycling, Inc. Conditional Use Permit. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. Proclamation Recognizing the Contributions of the Prior Lake V o/unteer Fire Department. . Mayor Andren read a proclamation from the City Council recognIzmg the contributions of the Prior Lake Volunteer Fire Department to Prior Lake citizens. . Fire Chief Chromy accepted the proclamation and thanked the members of the Fire Department. He also thanked the Mayor and Council for the proclamation, , and the City Staff and Police Department B. The Referendum Passed, "Now the Fun Begins. " Jon Gurban, Executive Director of the Minnesota Recreation and Park Association. . Paul Hokeness introduced the agenda item. He said the referendums that John Gurban has been involved in have been successful. After a successful referendum, new issues must be addressed which Mr. Gurban will discuss. . John Gurban, Director of Minnesota Parks and Recreation Association presented to the City Council, "Money's in the Bank! What's Next". He said the first thing staff should do is relax and celebrate. The attitude of the staff is important to the success of the referendum. He said establishing a time frame for construction needs to be done. Construction should be spread out, not compressed. The 2 sequence of events is important. A strategic communication plan is important, including developing a community awareness, Meetings and committees, input from all department heads is essential. He said the City should be careful with special interest groups--often the loudest voice makes known its needs at the expense of general public. The City should have a system for meetings and committees, public meetings and referrals. The hiring of technical support (architect) needs to be done. The Ground Breaking is a celebration, a good way for public to be made aware of the parks. Signage should be attractive for park, and reflect what the City wants communicated to the community. At substantial completion, for promotion, use the park for private events for selected groups before the Grand Opening. Make sure the Grand Opening is a celebration of the community. Finally, thank-yous are very important! C. Consider Referendum Financing Strategy. . City Manager Boyles introduced the item. Steve Mattson of Juran and Moody gave a presentation to the City Council on the financial details of the referendum. He explained the philosophy and process involved with the Public Sale of bonds versus negotiated sale. It would involve preparing the documents, having Juran and Moody wait for interest rates to lower, and giving City Council a 24 hour notice for an emergency meeting. The City can presell bonds to lending institutions. He said Juran and Moody want to find a time to sell when there is high demand, when there are not a lot of bonds for sale. There is a factor of $1,135,000 for every interest point. . Councilmember Greenfield asked what the time frame is, if there has been some consideration of the timing between when bonds will be sold and when the Parks department will need money for construction. He asked if there would be an advantage to doing it in phases. . Mr. Mattson said there was three years to do the debt financing. He said right now they were on the low side of interest rates. Juran and Moody intends to sell all $7.8 million at once. . Councilmember Schenck said a strategy they have previously utilized is selling on the 5th Monday of the month, and there would not be one until June. . Mr, Mattson said if interest rates increase between now and June 30, just from a supply and demand standpoint, they would come to the City Council. MOTION BY KEDROWSKI SECOND BY SCHENCK TO AUTHORIZE JURAN AND MOODY TO PROCEED WITH A NEGOTIATED SALE ON $7.8 3 MILLION GENERAL OBLIGATION FUNDS FOR THE PARK AND LffiRARY PROJECTS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of Resolution 97-23 Approving the Formation of Tax Increment Financing District 2-8. . Mayor Andren opened the Public Hearing and City Manager Boyles reviewed agenda item 6A of the April 7 City Council meeting. He introduced Roger Guenette of Advance Resources for Development. . Consultant Guenette said the City has come to an agreement with Mr. Anderson of acquiring a 1.6 acre lot, which would leave the City with two remaining parcels. Under the provisions of the agreement, Mr. Anderson would construct a 12,000 square foot warehouse. There will be a cash payment of just over $71,000. . Councilmember Mader asked about page 2 of the report, Tax Increment receipts for City and Developer. He asked what the developer is being reimbursed for. . Consultant Guenette said the first use of the increment is to reimburse the City for costs. Income stream for increments go to City on annual basis. Of $21,500 per year, the first $18,500 will go to the City. The excess will be shared on a prorata basis with the developer. . Councilmember Mader said he did not see a definition of receipts to go to the developer. . ' Consultant Guenette said in the Developers Agreement, page 8, section 3.6., it shows how they will be shared. The Developer would receive money to reduce land costs. . Councilmember Mader clarified of $21,500, $18,500 to City, and developer will share remaining. He asked where is $71,000 in the Developers Agreement. . Consultant Guenette said the EDA is the title holder, and the Purchase Agreement will show that amount to the EDA. The cash price is equal to 1 $ per square foot. . Consultant Guenette said the agreement that the City Council is approving is the TIP. 4 . Councilmember Mader said that the City Council should act with the entirety of information, not just an agreement. He asked if the EDA could buy and sell property without City Council approval . Consultant Guenette said yes. . Councilmember Mader asked about $165,310 on page 7 . Consultant Guenette said this represents $2.30 per square foot for waterfront passage. Sources of funds includes increment plus the City will make a contribution equal to 10% of the increment. . Councilmember Mader asked if the City is receiving $71,000 from the developer, why is it not in the source of funds? . Consultant Guenette said the funds are being paid to the EDA because they hold the title on the property. . Counci1member Mader asked about estimated captured tax capacity. . Consultant Guenette explained that if property is vacant, the tax capacity factor of the market value will increase as the property is developed. The estimated tax capacity is the difference between vacant and developed property based on projected market value. . Councilmember Mader asked why the estimated annual increment is higher than the estimated captured tax capacity. . Consultant Guenette said it is based on captured tax capacity times current local tax rate capacity. . Councilmember Mader asked about the figures in the table of the Estimate of Economic and Fiscal implications. He said they did not add up. . Consultant Guenette explained the figures from School, County, and City, don't add up to total taxes because there are additional special tax jurisdictions not shown in the table. . Councilmember Mader asked about Page 7 of developers agreement, numbers and land acquisition, the amounts did not add up. 5 . Consultant Guenette said that the total is correct but the allowance for administration was missing and it should be put in. . Mayor Andren asked if any members of the Public wished to speak. . No member of the public came forward to speak. MOTION BY KEDROWSKI SECOND BY SCHENCK TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-23 APPROVING THE FORMATION OF TAX INCREMENT FINANCING DISTRICT 2-8, Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE DEVELOPERS AGREEMENT WITH STAN ANDERSON. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. B. Public Hearing to Consider Approval of Resolution 97-24 Approving the 1997 Public Improvement Projects and Preparation of Plans and Specifications Therefore. . City Manager Boyles introduced agenda item 6B of the April 7 City Council Meeting. . Public Works Director Ilkka reviewed proposed improvements to each road. Pike Lake Trail from County Road 42 south for 1/4 mile to north plat line of Knob Hill proposed development. There will be a bituminous street, concrete sidewalk, curb and gutter, extend sanitary sewer. Also, install watermain along length of project. County Road 42 will be improved from a two lane rural to four lane rural project including sanitary sewer crossing. Limits are McKenna Avenue to Femdale. The final project is Mushtown Road along the Woodridge Estates boundary. This improvement is required as part of a 1991 Annexation agreement. 6 . Mayor Andren asked if any members of the public wished to speak about these items. . Ed Vierling 14310 Pike Lake Trail NE. He wanted to address the Council on the Pike Lake Trail project. He asked when it would take place. . Public Works Director Ilkka said probably this summer. . Planning Coordinator Kansier said the timing of the project would depend on the submittal of a final plat for the Knob Hill area. . Ed Vierling asked if when it would come up, he would be informed. . Mayor Andren said if there were Public Hearings, there would be notice in the paper. She said Mr. Vierling could contact the Public Works Department for further information. . Clancy Kaiser of20181 Fairlawn Avenue, asked about the limits of the Mushtown Road project. . Public Works Director Ilkka said from the end of the bituminous roadway, . Gordon Erickson 1471 Rolling Oaks Circle, asked if there was an intended turn lane on County Road 42 at Rolling Oaks Circle. . Mayor Andren said the County had the specific plans. . Mr. Erickson said if everyone is participating in the Growth of the community, the City Council should tell the County to get with it. . Mayor Andren said the Prior Lake City Council did not have control over the County. . Mr. Erickson asked if it was standard to have walkways around rural areas. He asked if the trail caused noise and vandalism, if City Council would put up barrier. . Mayor Andren said the goal was to have the City completely navigable by walkways. She suggested Mr. Erickson work with Public Works Director Ilkka regarding his concerns. 7 . Public Works Director Ilkka said he would talk with Mr. Erickson about his concerns. . Mr. Erickson said his wife was rear-ended turning off CSAH 42 onto Rolling Oaks Circle. He said there should be a turn lane there for safety purposes. . Richard Lundberg of 17526 Mushtown Road asked if there would be improvements to the existing road, and where the walkway is going to extend. . Public Works Director Ilkka said it will be on City side of road. MOTION BY SCHENCK, SECOND BY GREENFIELD TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried, . Councilmember Greenfield asked whether with the acceptance of MSA's bid there is a concern from staff with amount of time it will take. He asked specifically what is the Council authorizing. . Public Works Director Ilkka said there were proposals with three engineering firms. He said anything that would delay the projects (such as an engineering firm unfamiliar with the City) could cost many hours getting them up to speed. MSA's entire staff is familiar with the City of Prior Lake. . Councilmember Mader said he noticed in the write up that the indication was that Greg had not worked with RCM, is that so. . Councilmember Mader said he saw their work in invoicing. He did not want to see vendors not get the bid if they are low. MOTION BY MADER, SECOND BY KEDROWSKI TO APPROVE ,RESOLUTION 97-24 APPROVING THE 1997 PUBLIC llvlPROVEMENT PROJECTS AND PREPARATION OF PLANS AND SPECIFICATIONS THEREFORE BY MSA CONSULTANTS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Vacation of Holly Court (to be continued). 8 -\ . City Manager Boyles said that staff requested that this item be continued, MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CONTINUE THE PUBLIC HEARING FOR THE VACATION OF HOLLY COURT TO NO DATE CERTAIN. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 7. OLD BUSINESS: A. Consider Approval of Annexation Report and Recommendations . City Manager Boyles presented the item. He reviewed the annexation report, and noted that it was not a public hearing, it was for the City Council to hear and approve the report. He explained the history of the Orderly Annexation agreement, which began in 1972. He said the objective of the subcommittee was to research and prepare findings. He listed the steps that the Task Force took, including preparation of a map, conducting a public meeting in Spring Lake Township, soliciting and receiving informal input, He listed the recommendations for all of the areas. In some cases, no further consideration is recommended. In other areas, there is a 5, 7, or 9 year timeline. A timeline provides for planning. He said each of the areas also had attached procedural steps and safeguards, listed on page 9 of the report. He said the Task Force was waiting for questions from the City Council. . Councilmember Greenfield said he appreciated all the time spent by the Task Force, and much thought went into each section. He said there is obviously many people interested. He said the community and the Council was trying to come to grips with the future of the growth of the community, He said in his observation, the document says this is how they would like to proceed. He said with the 5, 7, 9 years, there is a lot of room and a lot of time for things to change. Things are going to happen and you have to be ready for things to happen. It is important to seek correct information, He said they were looking forward to working with the Township, He said he endorsed what was recommended. . Councilmember Mader said since the only immediate annexation being proposed was for area 2, and he had some questions. . Councilmember Kedrowski said area 8 was also proposed for annexation. 9 . Councilmember Mader asked about Area 2 land, where some IS developable, some not, how much of 270 acres was developable. . City Manager Boyles said about 30 acres was wetland, . Councilmember Mader asked about potential of high school. . Finance Director Teschner said 80-100 acres. . Councilmember Mader said that leaves 140 acres, and if part of that IS commercial, how is 700 housing units going to fit? . Finance Director Teschner said 900 units assumed no purchase by high school, 700 was between lowest estimate and maximum density. . Councilmember Mader asked is 700 possible into remaining area? . Finance Director Teschner said a variety of assumptions could utilized, not knowing what the school district will do. Not all units will be single family housing, some are likely to be multifamily. . Councilmember Mader asked about Commercial and Industrial tax assuming TIF financing. In terms of benefit to taxpayers, they won't see benefit for years. . Finance Director Teschner said if they made an assumption that entire development occurs with TIF as lowest possible generation of property tax or worst case scenario. From a standpoint of projecting financial, the City used conservative estimates. . Councilmember Mader asked about the action being taken. They are adopting annexation task force recommendations. If recommendations are adopted, what obligations does that entail? . City Manager Boyles said the Council would be forwarding the recommendations to the Township for their option of one or more public hearings. This does not set , in stone that the areas will be annexed. . Councilmember Mader said there are many areas for longer term consideration, why is there only a financial analysis on one? . City Attorney said the Task Force recommended area 2 and area 8 to be annexed. 10 . Councilmember Mader said does that mean if they adopt the proposal, areas 2 and 8 will be annexed? . City Attorney Pace said that was not cast in stone. . Councilmember Schenck gave his compliments to the committee. He said there was lots of information and misinformation out. He said governments are criticized for being slow to react, but this should not be dealt with quickly. . Mayor Andren said if the recommendations are passed, they are not cast in stone. There are safeguards through the public hearing process. In general, she agrees with the recommendation. She said that it is saying that the Task Force does want to annex, She said that they are here to represent the best interests of Prior Lake MOTION BY ANDREN SECOND BY KEDROWSKI TO APPROVE RECOMMENDATIONS FOR ANNEXATION AS PROPOSED AND TO FORWARD THE REPORT TO SPRING LAKE TOWNSHIP BOARD, Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Ordinance 97-26 Rezoning Property from the A-I (Agricultural) District to the R-l (Suburban Residential) District for "Winds tar Addition ". . City Manager Boyles introduced the item. It was deferred from the previous agenda as staff was directed to address the concern of the extension of property lines into the pond. They found the most effective way to deal with it was to plat the pond as an outlot. MOTION BY ANDREN SECOND BY SCHENCK TO APPROVE AMENDMENT TO RESOLUTION 97-16. . Councilmember Kedrowski said he would support rezoning issue but not amendment to resolution. He did not agree with taking the pond as an outlot, because it would cost the City, and the City did not need it. . Councilmember Mader said his concern is that the Planning Commission and Property owner issue was that the lawns went to the shore. The proposed outlot does not address the issue. . City Attorney Pace said this is valid. 11 . Councilmember Mader said then it does not accomplish anything for the homeowners. Maybe something should be in there to protect shoreline. He said the Planning Commission responded to the property owners concerns for a pond. By changing lot lines, that would address the concern, but if lot lines still extend to the pond, property owners could still do whatever they want to do unless there is an ordinance to protect it. . Planning Coordinator Kansier said that would be right. It is not subject to Shore land Requirements. It would be subject to the Wetland Rules. The lot lines are 5-10 feet from water's edge. Covenants could be put in, but the City does not enforce covenants. . Councilmember Kedrowski said it should give land to the property owners, and let them establish covenants. If it is pursued, then establish special rules for this side of the pond. . Councilmember Mader said it appears the proposal does not accomplish this in any way, and the developer should meet and discuss this issue with the neighbors. There is no reason to believe that anyone will violate covenant. . City Attorney said she would not be comfortable directing the developer to negotiate with people in another subdivision. . Mr. Wensmann said the concerns of homeowners across pond is that their lot lines don't go into pond, why should ours. The City does not have any way to maintain the property; he would prefer lot lines going out to pond. . Mayor Andren said it was not good policy for City to ask Developer to negotiate with homeowners. She asked if the developer would voluntarily put covenants in place to protect shoreline. . Mr. Wensmann said he would. . Mayor Andren said then if there is a dispute, the City will not get involved. . Mayor Andren called the question. Upon a vote, nays by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion failed. 12 . Councilmember Mader said his recommendation is to approve the rezoning change with a provision that developer will add covenants to protect shoreline. MOTION MADER TO AMEND RESOLUTION 97-16 WITH CONDITION #6, ADDING COVENANTS BY DEVELOPER AND STAFF TO PROTECT SHORELINE. The motion failed for lack of a second. . Councilmember Greenfield agreed with Councilmember Kedrowski; it is important that the pond issue be part of what residents have. The City should vacate interests, and should pursue a clarification of policy. . Councilmember Schenck was concerned about the resolution, what does it revert to? This would be acceptable as long as it adds restrictive covenants, . James Gustin, resident, said his concern was preserving shoreline, and if Mr. Wensmann will put in restrictive covenants, he would support this solution. . Mayor Andren said the City has dealt with Mr. Wensmann; he is honorable. . City Attorney Pace said the City Council was imposing additional conditions on the developer as part ofthe preliminary plat which she is not comfortable about, MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 97-11 REZONING PROPERTY FROM A-I TO R-l DISTRICT FOR WINDSTAR ADDITION. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATION OF THE OTHER HALF OF THE POND AND MAINTAIN A DRAINAGE EASEMENT Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Mobile Data Terminal Lease Agreement with Scott County . 13 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MOBILE DATA TERMINAL LEASE AGREEMENT WITH SCOTT COUNTY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-25 Authorizing Bonestroo, Rosene and Anderlik Professional Services to Design Well #6. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-25 AUTHORIZING BONESTROO, ROSENE AND ANDERLIK PROFESSIONAL SERVICES TO DESIGN WELL #6. . Councilmember Mader asked Public Works Director Ilkka if regarding Mount Simon / Hinckley Aquifer well, the City could get approval to invest money in the well and suddenly find they are not approved. . Public Works Director Ilkka said there will have to be an expenditure to get to the point of getting DNR approval. . Councilmember Mader asked if present capacity and demand were crossing. . Public Works Director Ilkka said that for the last two years, the City was exceeding 400 million gallons per year, beyond its permit for the Jordan Aquifer. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 97-26 Approving Conditional Use Permit for Lemke Professional Building. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE RESOLUTION 97-26 APPROVING CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Park and Library Construction Strategy. 14 MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE P ARK AND LIBRARY CONSTRUCTION STRATEGY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Resolution 97-27 Approving Final Plat of the Wilds 3rd Addition and Development Contract. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-27 APPROVING THE FINAL PLAT OF THE WILDS 3RD ADDITION AND DEVELOPMENT CONTRACT. · City Attorney Pace said this is a new form of Developers Contract. It is the first time it is being used, and article 41, as part of developers agreement, changes will be reflected and amended in document, "if requested by developer". · Developer Jim Stanton thanked the staff and City Attorney for working diligently on this new Developer's Agreement. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. E, Consider Approval of Resolution 97-28 Regarding Desired form of Watershed Governance for the Credit River WMO and Shako pee Basin WMO MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-28 APPROVING THE REPORT REGARDING THE DESIRED FORM OF WATERSHED GOVERNANCE FOR THE CREDIT RIVER WMO AND SHAKOPEE BASIN WMO. · Councilmember Mader said WMO's have been around for ten years. He asked if they should be concerned about the disappearance of a WMO. · Engineering Technician Lani Leichty said WMO's will be required to implement policies. It will be much more reasonable to let the County take over. It would cost anywhere from $50,000 to $200,000 or $300,000 to run a WMO. The resolution as moved would have the County take over the WMO's responsibilities. 15 Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 9. OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation. . The Executive Session to Discuss Pending Litigation was removed from the agenda. B. Mayor Andren said there was an amendment to the City Council Bylaws to add the Consent Agenda because the Council used to meet once per week, and the meetings went on forever. There was then a proposal to meet every two weeks provided that there is a Consent Agenda. It was understood at that time that whatever went on the Consent Agenda was housekeeping, routine administrative items, etc. She said originally when someone took an item off, it went to the end of the meeting. She said all of the City Council members have taken things off the agenda that take a considerable amount of time. People (the public) may have attorneys whose time they are paying for. She said the bylaws should be amended so that items removed from the consent agenda are after New Business, and before Other Business. There was a clause in the bylaws for the purpose of reducing the amount of City Council time spent on routine or non-controversial items, it has never been changed. She said it was time to specifically define what went on Consent Agenda. Second, she did not want the perception that things went on the Consent Agenda to hide them. There was some talk that budgetary items should not be on the Consent Agenda. The quarterly report was put on the Consent Agenda for informational purposes. She said they should define what should go on there. It is a solution to something that may make some people uncomfortable. . Mayor Andren said that rehashing public hearings from Planning Commission should not happen. She said people that vote for the Council do need to have time to talk to City Councilmembers about their issues. . Councilmember Kedrowski said he agreed on second two issues, but there may be a problem with moving Consent Agenda to last, because of people who come just to see routine business. . City Attorney Pace said items removed from Consent Agenda should be moved to after New Business. 16 ~1 .... . Mayor Andren said it was important to define what items should not cause any controversy. . City Attorney Pace said the League of Minnesota Cities defines items that should go under Consent. . Councilmember Kedrowski said the consent agenda should stay where it is, and anything removed should go under new business. . Councilmember Schenck agreed with Councilmember Kedrowski. . Counci1member Greenfield said they should define issues that belong on consent agenda. He said the Council should ask the staff questions before the meeting about items that are on the Consent Agenda. . Councilmember Mader agreed that the Consent Agenda should stay where it is, and items that were pulled off should go under new business. . City Attorney Pace said in the bylaws there was already a general provision, page 9, section b addressing time for direct citizen input. MOTION BY ANDREN, SECOND BY SCHENCK TO AMEND BYLAWS TO CHANGE THE ORDER OF BUSINESS TO INCLUDE ITEMS THAT ARE PULLED OFF CONSENT AGENDA WILL BE PUT AS LAST ITEMS UNDER NEW BUSINESS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY ANDREN SECOND BY KEDROWSKI, TO HAVE STAFF PREP ARE AN AMENDMENT DEFINING THE CONTENT OF THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY ANDREN SECOND BY KEDROWSKI TO DELETE THE PROVISION IN THE BYLAWS THAT REOPENING A PUBLIC HEARING REQUIRES MOTION SECOND AND MAJORITY VOTE OF THE COUNCIL. . Planning Coordinator Kansier asked if they would have to publish it as a public hearing. 17 . City Attorney said they would not exclude additional testimony on a matter that has had a public hearing in front of a different board. , . Councilmember Mader said the Staff and City attorney should come back with a resolution on this. Mayor Andren withdrew the motion, Councilmember Kedrowski withdrew the second. MOTION BY ANDREN SECOND BY SCHENCK TO PREP ARE AN AMENDMENT ON PUBLIC HEARING FORMATS. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Greenfield said he was concerned with upcoming summer months some kind of community programs sensitive to this groundswell of children out of school. MOTION BY GREENFIELD SECOND BY ANDREN TO DIRECT PARKS AND RECREATION TO COME BACK TO COUNCIL WITH THE RESULTS OF DISCUSSIONS ABOUT SUMMER ACTIVITIES. . Councilmember Kedrowski asked about renovating Priordale Mall with a kids spot. . Parks and Recreation Director Hokeness said the kids are assisting with summer playground programs, but the working ones are not at risk. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY MADER SECOND BY KEDROWSKI THAT STAFF PREP ARE AN ORDINANCE AMENDMENT AUTHORIZING THE CITY MANAGER TO DECLARE A NO- WAKE ZONE OVER THE ENTIRE LAKE WHEN WATER LEVEL EXCEEDS 904 AND IT IS IMMEDIATELY ENFORCEABLE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 18 10. ANNOUNCEMENTS / CORRESPONDENCE A. 11. ADJOU me ting adjourned at 11 :00 p.m. . ~UaL Recording Secretary .-J 19 11'