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HomeMy WebLinkAboutAgenda & Minutes PUBLIC FORUM: 7:00 PM REGULAR COUNCIL MEETING AGENDA L ..... Date: July 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 ofInvoices to be Paid. B. Consider Approval of Treasurer's Report C. Consider Approval of 2nd Quarter Investment Report. D. Consider Approval of 2nd Quarter Budget Report. E. Consider Approval of Animal Warden Report for June, 1997. F. Consider Approval of Fire Call Report for June, 1997 G. Consider Approval of Building Permit Report for June, 1997. H. Consider Approval of Resolution 97-X;'<:.. Approving Prior Lake VFW Post 6208 Premise Permit for Lawful Gambling 1. Consider Approval of Assignment and Assumption Agreement Relating to the Development Contract for the Sale of 1.78 Acres. 5. PRESENTATIONS: A. None 6. PUBLIC HEARINGS: A. None 7. OLD BUSINESS: A. Consider Approval of Resolution 97-.XX Approving Developers Agreement for Maple Hills Homes Association Sanitary Sewer and Watermain. B. Consider Approval of Report on Status of 1996 and 1997 First Half City Council Directives. C. Consider Approval of Rejection of Bids and Authorization to Rebid for Field Lighting for Ponds Park. D. Consider Approval of Resolution 97-XX Approving Final Plat and Developers Contract for Raspberry Ridge 3rd Addition. E. Consider Approval of Resolution 97-XX Authorizing the Preparation of Specifications and the Solicitation of Bids for Playground Equipment at Seven Parks. 16~Q~gle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQl.'AL OPPORTLNITY E'-1PLOYER 8. NEW BUSINESS: A. Consider Approval of Resolution 97-X.x Approving the Preliminary Plat of Northwood Oaks Estates and Resolution 97-XX Approving a Variance to allow a cul-de-sac Greater Than 500 Feet in Length. B. Consider Approval of Ordinance 97-XX Regarding the Requirements for Surveys for the Issuance of a Building Permit. C. Consider Approval of Recommendation to Appoint a Person to fill the remainder of Former Councilmember Greenfield's Term. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 72197.DOC ....,. REGULAR COUNCIL MEETING .. AGENDA Date: July 7, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, Public Works Director Ilkka, Assistant City Engineer McDermott, Engineer Leichty, Parks and Recreation Director Hokeness, Recording Secretary aden. 2. FLAG CEREMONY / PLEDGE OF ALLEGIANCE: Boy Scout Troop 331 conducted a Flag Ceremony and led the Pledge of Allegiance. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE JUNE 16 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, and Schenck, abstention Mader, the motion carried. 4. CONSENT AGENDA: A. Consider Approval ofInvoices to be Paid. B. Consider Approval of Animal Warden Report for May, 1997. C. Consider Approval of Change Order to Northwood Road Project in the amount of $4,633 to Install a Retaining Wall. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEMS A, B, C. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. Prior Lake Boy Scout Troop 331 1) Proclamation by Mayor Andren Recognizing 50th Year . Mayor Andren read a proclamation recognizing Boy Scout Troop 331 in its 50th year of contributions to society and the City of Prior Lake. 2) Presentation from the Boy Scouts 162m1d:ii:agle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42"\5 AN EQUAL OPPORTUNITY EMPLOYER . Public Works Director Ilkka said the statute requires the County to absorb the costs of turnback to Townships but does not provide for equal treatment for Cities. Scott County's position is to treat the Cities as the Townships, but the cost of a gravel road is much less than bituminous. . Councilmember Kedrowski said once adopted, the City should convey the policy to the County Board. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Kedrowski asked about the wetlands issue. Is the Watershed going to consider the request? . Public Works Director Ilkka said that they would consider it at a Watershed meeting. . Councilmember Kedrowski said the City should make a formal request. . Councilmember Kedrowski said the staff asked for direction in sodding requirements, and actually hydro seeding gives a better lawn. . Mayor Andren said there is a reason for the current ordinance sodding requirements. . Planning Director Rye said the Ordinance does require sodding in front and sideyards. This is for appearance, erosion control, weed control, by getting sod established, it gets on top of problems immediately. There is potential for a better lawn through seeding provided its done right. If the ordinance is changed to say seeding, there could be quite a bit of difficulty in enforcement. A resident had hydro seeded when technically he was supposed to sod, that is why the issue was highlighted. There should be a consensus. . Councilmember Kedrowski said this should be referred to Planning Commission for review. . Mayor Andren said the Planning Commission should not be bothered with it. She said in the 1980s the City redid the subdivision ordinance, and as part of it the City asked that there be sod because there was a problem with grass seed being thrown down and sod not being used. She said she was not in favor of lowering the standard. . Councilmember Kedrowski asked about issue of the commentary in paper. He said he was concerned that Councilmember Mader was a Councilmember and creating a public issue by putting his opinion in the paper regarding an issue from a meeting he was not at. He said Councilmember Mader should ask the City Manager to remove items from the agenda if he was going to be absent at a meeting during which an item he felt strongly about would be presented. . Mayor Andren said in her 12 years of experience, when there was strong disagreement at the table, it was done at the table. It should not be done "behind the back" of the Council. 7797.DOC 14 .. , . Members of Boy Scout Troop 331 honored the Mayor, City Council and City staff with a presentation thanking them for their cooperative efforts. 3) Adopt a Park Presentation . Parks and Recreation Director Hokeness presented David Abrams of Boy Scout Troop 331 with an adopt-a-park sign. He outlined the plans for Lakefront Park maintenance and beautification. He thanked Troop 331 for Adopting Lakefront Park. 6. PUBLIC HEARINGS: A. Consider Approval of Petition by Shamrock Development to Vacate Utility and Drainage Easements in Outlot E Wilds Second Addition. . This item was moved to after Old Business so that the hearing would begin at 8:00 p.m. as legally noticed. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-56 Approving Plans and Specifications and Ordering Advertisementfor Bids on 1997 Capital Improvement Projects: 1) 97-02 Fish Point Road 2) 97-17 Pike Lake Trail 3) 95-07 Mushtown Road MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE PLANS AND SPECIFICATIONS ANTI ORDERING ADVERTISEMENT FOR BIDS ON 1997 CAPITAL IMPROVEMENT PROJECTS. . Councilmember Mader noted all three projects reflect significant cost increase as compared to original CIP estimates. He asked what the reason was for that. . Public Works Director Ilkka asked if Councilmember Mader meant the feasibility studies. . Councilmember Mader said it was in the Capital Improvement Program. He said the Fish Point Road Project CIP estimate was $224,000, and now the estimated cost was $273,000. He said there were similar changes on the other two projects. . Public Works Director Ilkka said at the time of the CIP estimate, they had not yet gone through the detailed engineering, or quantities of bituminous curb and gutter. They were trying to get a ballpark number for budgeting purposes. The estimate now includes all the detailed quantities and current pricing, including design and construction inspection fees. These things make up the difference in cost. . Councilmember Mader said does that mean we initially did not include fees for engineering and design or are the original estimates too low. 7797.DOC 2 . Public Works Director said the original estimates were low. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-58 APPROVING PARKING RESTRICTIONS FOR PIKE LAKE TRAIL. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-57 APPROVING PARKING RESTRICTIONS FOR FISH POINT ROAD. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Code Relating to the Conversion of Existing Decks not Meeting Required Setbacks to Three Season Porches. . City Manager Boyles introduced the item. He said the Council had directed that the staff do some research to determine whether it would be appropriate to "liberalize" the requirement for setbacks for three-season porches. He said the staff s recommendation was that there were implications which this kind of amendment would have which go beyond those of simple replacement decks. The amendment would apply to all setbacks, could result in easements, and structural requirements different than decks. Because of lack of inspection on some older decks, it would be difficult to determine whether structural foundations would be sufficient. The staff does not recommend the amendment. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DENY ORDINANCE 97-XX AMENDING THE ZONING ORDINANCE AND CITY CODE RELATING TO THE CONVERSION OF EXISTING DECKS NOT MEETING REQUIRED SETBACKS TO THREE SEASON PORCHES. . Councilmember Mader said he was in favor of seeing this amendment not occur. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Resolution 97-59 Authorizing Payment for an Easement on the Proposed Regional Water Quality Pond as Part of the CSAH 42 Upgrade Project. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-59 AUTHORIZING PAYMENT FOR AN EASEMENT ON THE PROPOSED REGIONAL WATER QUALITY POND AS PART OF THE CSAH 42 UPGRADE PROJECT. 7797. DOC 3 . Councilmember Mader said someone from the City should go through the financials. He said some time ago the Council discussed the issue of whether they should have a regional pond or individual ponds and at that time it was not very clear as to what part of the cost would be paid for by the City and what part would be paid for by the County. He said at that time the Prior Lake estimated cost share if the City put in individual ponds would be less than $300,000 unless the City took into account putting in ponds on private property for future development. He said now it looked like close to half million. He said he understands that the regional pond creates more water treatment capacity, but is it the obligation of the City, the County, or individual property owners as they develop their properties? He said the second question was whether the City was purchasing the property or an easement only. . Public Works Director Ilkka said it was an easement in lieu of outright purchase. . Councilmember Mader said the price apparently was based upon an appraisal. He said the question was whether it made any difference to the City whether it was an easement or purchase. . Public Works Director Ilkka said if they had purchased the parcel, they would have had to go through the Planning Commission for variances to minimum lot sizes, and it would have been a complicated process. And it was at the landowners request, who was concerned about land use, etc. . Councilmember Mader said if it was wetland, what does that have to do with minimum lot size? . Public Works Director Ilkka said they still get credit when it comes to development densities. . Councilmember Mader said does that suggest they can put in smaller lots by making it appear there is more property being developed? . Public Works Director said they would still have to conform to City ZOnIng requirements. . City Manager Boyles said the Council provided Staff with direction to acquire wetlands through easement rather than purchase. The easement is less expensive. . Councilmember Mader said that wetlands the City wishes to give away and wetlands the City wants to keep are not the same. He said it appears that when the issue of regional versus individual ponds it was not clear what the net cost would be to the City in terms of real tangible dollars. . Public Works Director Ilkka said there was a cost summary in the agenda report. 7797 DOC 4 7797. DOC . Councilmember Mader said in Alternative 1, Prior Lake's estimated cost share was $296,000. That was City cost share for two NURP ponds and Vierling property. He asked whether the City had an obligation to do that. . Public Works Director Ilkka said that would have been under a previous scenario. The City would have had to build two NURP ponds in the CSAH 42 project. He displayed a map showing that without a regional pond, the City would still have been required to put two ponds on the property. . Councilmember Mader asked if the City had an obligation on the Vierling property. . Public Works Director Ilkka said it was part of the CSAH 42 improvement project, and the City has an obligation. . Councilmember Mader asked whether that meant half of the cost is County's and half is City's. . Public Works Director Ilkka said the Vierling property was part of the location of the CSAH 42 project. . Councilmember Mader asked about the total cost for regional ponds. . Public Works Director Ilkka said there was still the $296,000 or current cost for the storm sewer. The additional cost for easements was around $84,000 and whatever construction cost of the pond, was included in the CSAH 42 project. . Councilmember Kedrowski asked whether there would be a net savings by adopting the project. . Engineer Leichty said the regional pond entailed a long term savings. The Wensmann site will not have to put a NURP pond on their property. The proposed pond is outside of MUSA and is agricultural land right now. There are various improvements going on there this year. It is beneficial to the City to go with a regional pond in the long run. . Councilmember Mader asked whether the pond shore line land will be part of the easement acquisition area. . Public Works Director Ilkka showed the easement area on the map. . Councilmember Mader pointed out another area of the map and asked whether it was developable. . Engineer Leichty said it was outside the MUSA boundary but the topography was such that it could be developed. . Councilmember Mader asked whether the wetlands enhanced the value of the land. 5 . Public Works Director Ilkka said he thought it would. . Councilmember Mader said he was uncomfortable paying a price on the land that the City is not purchasing and only getting an easement. He said the pond may enhance property values for surrounding property owners, and he was uncomfortable with that. . Public Works Director Ilkka said with highway construction, project purchase or easement acquisition for wetlands ended up being close to the same. . Councilmember Mader said he would be very disturbed if he found out later that the purpose for the landowner was to hang on to it to use it for later development, and provide a means of bypassing the City ordinances. He said there is some reason why the property owner wants to do it that way. If it is going to be an easement that goes on forever and is for the City's use for ponding purposes, he was troubled as to why the owners would insist on easement rather than purchase. He said he assumes as an easement they would still have to pay taxes and there must be some compelling reason that we are not hearing here as to why they want to do this. He said if they are not going to use the land, why would they want to pay taxes on it? . Engineer Lani Leichty said that they would still be able to use it for density calculation purposes. . Councilmember Mader said he would not support it. . Councilmember Kedrowski said that the Council had taken the position that they were not interested in owning all these wetlands as public property. To go back, the City is looking at maintaining wetlands. Why should the City change its position and think the land is being held for some kind of economic advantage? He said he would support the motion. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. D. (Item 6A) Public Hearing to Consider Approval of Petition by Shamrock Development to Vacate Utility and Drainage Easements in Outlot E Wilds Second Addition. . The Public Hearing Opened at 8:05 p.m. City Manager Boyles introduced the item and stated the staff recommendation was to adopt Resolution 97-53 providing for the vacation of utility and drainage easements in Outlot E Wilds Second Addition. 7797 DOC 6 . Mayor Andren asked if there was any member of the audience who wished to speak on the issue. No one came forward. She noted the resolution should read "subject to the approval and recording of the final plat of the Wilds Fourth addition." MOTION BY SCHECNK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-53 PROVIDING FOR THE VACATION OF THE UTILITY AND DRAINAGE EASEMENTS IN OUTLOT E WILDS SECOND ADDITION AS AMENDED. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY SCHENCK SECOND BY KEDROWSKI TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-60 Authorizing and Approving Participation in Cooperative Activities of MPRS. 7797. DOC MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-60 AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MPRS. . Councilmember Mader said he would not support this because the City was part of MPRS and through the Joint Powers Board, the City ended up in litigation and cost the City money before, and he did not want it to happen again. There was no indication of the cost to be with this organization. He said he would not support it unless there was a cap on the cost, and if they did enter into an agreement which involves meeting the conditions of the court order, how would the City be liable. . City Manager Boyles said this was not for recruiting and selecting purposes. . Councilmember Mader said the resolution says it is to carry out the court order, and if they fail to carry out the court order correctly, they could be right back in another litigation and in the mean time it is incurring cost and there is no indication on a bracketed cost. . City Manager Boyles said the purpose of the resolution was to ensure that there was not fragmentation of communities and to help achieve the court-ordered affirmative action objectives. It is a basic housekeeping measure that states the City of Prior Lake is committed to continue in its efforts to achieve the goals that have been set forth by the Courts and incorporated into the affirmative action plan. . Mayor Andren called the question. 7 7797. DOC Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. B. Consider Approval of Resolution 97-56 Approving Final Plat and Developers Agreement for Knob Hill 2nd Addition MOTION BY KEDROWSKI SECOND BY COUNCILMEMBER SCHENCK TO APPROVE RESOLUTION 97-56 APPROVING THE FINAL PLAT AND DEVELOPERS AGREEMENT FOR KNOB HILL SECOND ADDITION. . Councilmember Mader said he visited the site because of concerns of people who live in the area and he noticed that grading work had already taken place. He asked whether grading can begin before final plat approval. . Planning Coordinator Kansier said that the subdivision ordinance allowed grading with the issuance of a preliminary plat and grading permit. That is the case here. . Councilmember Mader said the Park Dedication Fee was listed in the document but there was no definition of what that is. He said there was an unresolved property line and said he did not know if the City should approve a final plat reflecting boundary lines that are inconsistent and that are in dispute. . Planning Coordinator Kansier said the Park Dedication fee is listed in the document as $21,918. That is collected along with all the other fees and letter of credit. As far as the property line dispute, she said she was unaware that there was a dispute. She said she was aware that there was encroachment, or Outlot B, a swimming pool from the adjacent property encroaches on the property. She said if there is a dispute in court she was not aware of it. . City Attorney Pace said she was not aware of a property line dispute either. She said it is the City's position that disputes between property owners should be resolved between them, and the City should not take a position. She said it could be resolved at the time the outlot is being platted. The outlot is not being platted with respect to lot boundaries at this point. It is being platted as an outlot. . Councilmember Mader said the information he received was that there was a property line dispute not just on Outlot B but continuing and that there had been correspondence between an attorney and developers. He said he was not comfortable signing off on a final plat when adjacent property owners were disputing who owns it. . Planning Coordinator Kansier said the staff had not been pnvy to any such correspondence. . Councilmember Mader said he was not suggesting the staff had any information, but he had information from the property owners. He said representatives from the property owners were here. 8 . Tom Gerazino 14150 Rolling Oaks Circle NE approached the podium. He said he received correspondence from Gold Nugget saying his pool was encroaching. He said they told him to remove the pool, and his attorney replied that when he purchased property, the property line was shown to him. He said he put a well and trees on the property based upon the agreed upon property line. He said he lived there for 18 years. . City Attorney Pace said that was north of drainage and utility easement on lot 7. . Councilmember Schenck asked whether there was a permit or survey required when the pool was put in. . Planning Coordinator Kansier said with pools, building permits are required, which means a survey is required. . Mayor Andren asked the resident whether there was a permit. He said yes. . Pete Schenck asked the resident whether there was a survey. The resident did not know. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, the motion carried. C. Consider Approval of Resolution 97-55 Approving Final Plat and Developers Agreement for North Shore Oaks 7th Addition . Councilmember Mader asked if the City took action on this property to provide the latitude to deviate from the present ordinances? . Planning Coordinator Kansier said there was no specific action on this property. The amendment to the subdivision ordinance was any plat approved prior to 1995 that was final platted as outlots was given a year to file a staging plan or file a final plat consistent with the originally approved preliminary plat. . Councilmember Mader said it was not subdivided on preliminary plat? . Planning Coordinator Kansier said the 4 1/2 acres was platted as an outlot. . Councilmember Mader asked whether the new ordinance allowed taking the outlot and subdividing it into lot sizes inconsistent with the current ordinance. . Planning Coordinator Kansier said the amendment allowed this outlot to be subdivided consistent with its approved preliminary plat. 7797. DOC 9 7797 DOC . City Attorney Pace said it was a grandfathering. When this applicant came forward to ask for additional time, the request brought this entire issue to everyone's attention and it was solved with an amendment, giving them a one year window. . Councilmember Mader asked whether any outlot that was platted in the past could be subdivided now not consistent with present ordinances other than grandfather prOVISIOn. . City Attorney Pace said to the extent that what is requested in final plat is consistent with what was approved in the preliminary plat for one year. . Councilmember Mader asked whether what is requested IS consistent with ordinances. . Planning Coordinator Kansier said yes, and it was not intended for someone who did not have an approved preliminary plat to subdivide lots. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Resolution 97-XX Approving Final Plat and Developers Agreement for Raspberry Ridge Third Addition. MOTION KEDROWSKI SECOND BY SCHENCK TO TABLE THE FINAL PLAT AND DEVELOPERS AGREEMENT. . Bob Walsh of Walsh development said was talking with Scott County Engineer Dan lobe about their wanting an easement in Raspberry Ridge for about 3 weeks. He said he was informed it would be 4 months. As long as they were under the impression that it would only be three weeks, it was not critical to get something done. He said if they get pushed to July 21, they have almost everything in place. The surveyor brought one set of the pages for the plat He said the street light layout is missing. He said he realized they were late, but did not realize there was a time crunch. He said if it was delayed they would not be able to get utilities in this year, and the County will not get their detour through the property. . Mayor Andren noted what was missing as set forth in the staff report. She said there were still questions to be resolved. . Mr. Walsh said if he can't get started digging Monday, chances are they will not get it done so the County can get in there. . Mayor Andren asked if the County Board has delayed approval of County Road 21 ? . City Manager Boyles said that would be delayed by County until their next meeting. . Councilmember Kedrowski asked whether Mr. Walsh could get a grading permit. 10 . Mr. Walsh said he can't because his financing IS contingent upon getting his development agreement approved. . Planning Coordinator Kansier said as of today, they have received one of two pages of the final plat. She said they received revised utility plans late Friday afternoon. They have not received a revised concept or a signed development contract. . City Manager Boyles said there is an equity issue that needs to be addressed. He said CSAH 21 and 42 are very important projects, and the Staff and City do not want to delay them. He said the Staff should not make an exception on materials submission deadline in this case or the City will be creating precedence. . Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Approval of Recommendation from Subcommittee to make Appointments to the Planning Commission and Economic Development Authority . Mayor Andren introduced the item. She said the subcommittees met and had two applicants for Planning Commission and one for Economic Development Authority. She said they recommended that Mr. Mark Cramer be appointed to the Planning Commission, and Dick Underferth be appointed to the Economic Development Authority. . City Manager Boyles said they were also seeking the reappointment of Tom V onHof and Bill Criego as they desire to serve again, and it was particularly important with their experience, as the new zoning ordinance was coming up. MOTION BY KEDROWSKI SECOND BY SCHENCK TO REAPPOINT BILL CREIGO AND TOM VONHOF TO THE PLANNING COMMISSION AND TO APPOINT MARK CRAMER TO THE PLANNING COMMISSION AND DICK UNDERFERTH TO THE ECONOMIC DEVELOPMENT AUTHORITY. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: . Councilmember Mader said Buckingham Recycling was discussed three months ago. He said he recalled that this was an issue that was "put to bed" so they did not have to talk about it anymore. He said he recently spoke with Tom Buckingham, who was still waiting for an occupancy permit. He said he wanted to know what the City's perspective was. . City Manager Boyles said he recalled it was an issue of certificate of occupancy. The certificate was held in abeyance pending whether the ordinance was going to be revised. 7797. DOC 11 He said the zoning ordinance was revised. The next step was the certificate of occupancy, which deals with building codes. That issue is now being resolved. . Planning Director Rye said the Building Department requested specific information from Mr. Buckingham's architect regarding the building structure. The information is being reviewed to determine whether there is compliance. He will check and see what the current status is. . Councilmember Mader said he would appreciate if he would do that. He said again, he was disappointed because he asked whether the issue was closed three months ago. Mr. Buckingham said he was very disappointed. . Planning Director Rye said the issue of certificate of occupancy is not new. It was raised at the outset, and Mr. Buckingham was aware that he would have to provide the information and go through this. . Councilmember Mader said another question he had was about computer system. He said they have invested a lot in computers, and wants to know if when 2000 comes the software situation is the City computer system going to remain functional. . City Manager Boyles said the staff is dealing with this issue. 11. ANNOUNCEMENTS/CORRESPONDENCE . City Manager Boyles reviewed the Update and he said the Incorporation Hearing was continuing. . Councilmember Mader said he had a couple of items that should be changed on the minutes. . Mayor Andren asked for a motion to adopt the minutes. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE MAY 19 MINUTES. . Counci1member Mader said he did not want the minutes to reflect that he said he received a letter from Ernie Peacock. He wanted them to reflect that others received the letter, and he does not want it to appear that he was the only one to receive the letter. . ' Councilmember Schenck said he would amend the motion to reflect that he identified the author of the letter as Ernie Peacock. . Councilmember Kedrowski called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. . The minutes were approved as amended. 7797. DOC 12 . Councilmember Kedrowski asked about the June 27 update on County Road tumbacks. He said the issue should come back to the Council before the City accepts turnbacks. . City Manager Boyles said the information from the County was in there packet. It is the intent of the staff to get together with City of Savage and Shakopee, as they will be facing the same issues. . Councilmember Kedrowski there should be a policy so the Council is involved m the process. . Mayor Andren asked if that was to be put in the form of a directive? MOTION KEDROWSKI SECOND SCHENCK TO HAVE STAFF BRING THE TURNBACK ISSUE BACK TO THE COUNCIL TO REVIEW AND APPROVE. . Councilmember Mader asked if the turnbacks would come back to the City regardless of Council approval. . Councilmember Kedrowski said we are getting more and more turnbacks. Weare going to have to have some kind of policy, these are roads the City will be asked to maintain. . City Attorney Pace said the concern was amount of money proposed per mile. The staff is looking into it. . Councilmember Kedrowski said the reality is that it gives more credibility if the Council reviews the policy. . Mayor Andren said a policy is needed to define that a road will be in a certain condition before it is accepted by the City for turnback.. . Councilmember Mader said if it is a requirement now that any turnback has to come to the City Council for approval, it is all encompassing, so why have a policy? . Councilmember Kedrowski said the Council is looking for overall direction to give staff in terms of turnbacks. He said it would be the same overall guidelines so that staff understands what the expectations are. . Councilmember Mader asked how many turnbacks are likely to occur? . Public Works Director Ilkka said currently the County proposes three. He said he is extremely concerned about the County's proposed dollar figures. He said his understanding of the statute is if the County Board has the will to turn back a road to the City, the City has no recourse but to accept it. . City Attorney Pace said the City has a limited ability to say "we don't want the road now or under these terms". 7797 DOC 13 · Public Works Director Ilkka said the statute requires the County to absorb the costs of turnback to Townships but does not provide for equal treatment for Cities. Scott County's position is to treat the Cities as the Townships, but the cost of a gravel road is much less than bituminous. · Councilmember Kedrowski said once adopted, the City should convey the policy to the County Board. · Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Kedrowski asked about the wetlands issue. Is the Watershed gomg to consider the request? . Public Works Director Ilkka said that they would consider it at a Watershed meeting. . Councilmember Kedrowski said the City should make a formal request. . Councilmember Kedrowski said the staff asked for direction in sodding requirements, and actually hydro seeding gives a better lawn. . Mayor Andren said there is a reason for the current ordinance sodding requirements. . Planning Director Rye said the Ordinance does require sodding in front and sideyards. This is for appearance, erosion control, weed control, by getting sod established, it gets on top of problems immediately. There is potential for a better lawn through seeding provided its done right. If the ordinance is changed to say seeding, there could be quite a bit of difficulty in enforcement. A resident had hydro seeded when technically he was supposed to sod, that is why the issue was highlighted. There should be a consensus. . Councilmember Kedrowski said this should be referred to Planning Commission for review. . Mayor Andren said the Planning Commission should not be bothered with it. She said in the 1980s the City redid the subdivision ordinance, and as part of it the City asked that there be sod because there was a problem with grass seed being thrown down and sod not being used. She said she was not in favor of lowering the standard. . Councilmember Kedrowski asked about issue of the commentary in paper. He said he was concerned that Councilmember Mader was a Councilmember and creating a public issue by putting his opinion in the paper regarding an issue from a meeting he was not at. He said Councilmember Mader should ask the City Manager to remove items from the agenda if he was going to be absent at a meeting during which an item he felt strongly about would be presented. . Mayor Andren said in her 12 years of experience, when there was strong disagreement at the table, it was done at the table. It should not be done "behind the back" of the Council. 7797.DOC 14 . Councilmember Mader asked to address the issue. 12. ADJOURNMENT: MOTION SCHENCK SECOND KEDROWSKI TO ADJOURN THE CITY COUNCIL MEETING. THE MEETING WAS 1J edrowski, and Schenck, nay Mader, the motion carried. Upon a vote, ayes by Andren, htMl?II) Dtuv Recording Secretary 7797. DOC 15