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HomeMy WebLinkAboutAgenda & Minutes FORUM 7:00 P.M. REGULAR COUNCIL MEETING AGENDA Date: August 18, 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 Fire Call Report for July, 1997 D. Consider Approval of 3.2 Temporary Liquor License for St. Michael's Church for Pork and Suds Dinner. E. Consider Approval of Building Permit Report for July, 1997. F. Consider Approval of Animal Warden Report for July, 1997. G. Consider Approval of Contract for Employee Assistance Services. 5. PRESENTATIONS: A. There are no Presentations 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-)('X Approving Preliminary Plat of Northwood Oaks Estates and Resolution 97-XX Approving Variances to Allow a Cul-de-Sac Greater than 500 Feet in Length. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-XX Ordering Preparation of Feasibility Report for 1998 Improvement Projects. B. Consider Approval of Resolution 97-XX Requesting Advanced Encumbrance of MSA Funds. C. Consider Approval of Resolution 97-XX Awarding Bids for 1997 Improvement Projects, Authorize Howard R. Green Company to Perform Construction Staking and Observation Services and Appoint 1:\vo Councilmembers to the Assessment Committee. 16~9P~gle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .-\N EQL.:AL OPPORTC:'-iITY' E>lPLOYE~ D. Consider Approval of Resolution 97-XX Approving Final Plat and Developers Contract for "The Wilds 4th Addition". E. Consider Approval of Resolution 97-XX Approving an Appeal by Alvin Monnens of the Planning Commission Denial of Variance to the Side Yard Setback for Property Located at 16697 Creekside Avenue, Case File #97-065. F. Consider Approval of Resolution 97-XX Approving and Appeal by Phillip and Bryan Hines of the Planning Commission Denial of Variances to the Setback from the Ordinary High Water Level (OHW) for Property Located at 2719 Spring Lake Road, Case File #97-050. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: 11. ANNOUNCElVIENTS/CORRESPONDENCE 12. ADJOURNMENT 81897.00C REGULAR COUNCIL MEETING MINUTES Date: August 4, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, Robbins and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Coordinator Kansier, Public Works Director Ilkka, Acting Building Official Scherer and Executive Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. OATH OF OFFICE: Mayor Andren introduced Jeannie Robbins as the new Councilmember to fill the remaining five months of Allen Greenfield's term and City Manager Boyles administered the Oath of Office. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. July 21, 1997 MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE JlJL Y 21, 1997 CITY COUNCIL MEETING. MOTION BY iYfADER TO At\i1END THE MINUTES ACCORDING TO HIS PROPOSED TYFEWRlTTEN REVISIONS. The motion to amend failed for lack of a second. Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader, abstention Robbins, the motion carried. 5. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTL.:NITY EMPLOYER AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING 6. PRESENTATIONS: A. There were no Presentations. 7. PUBLIC HEARINGS: A. There were no Public Hearings. 8. OLD BUSINESS: A. Consider Approval of Ordinance 97-15 Pertaining to Certificate of Survey Requirements for Building Permits. . City Manager Boyles introduced the item. A common complaint of homeowners who wish to improve their homes by replacing a deck is the requirement for a certificate of survey. The Planning and Building Inspections staff reviewed the need for surveys and prepared a memorandum outlining the background of the survey requirements. The Council directed staff to prepare an ordinance that would set forth the requirements for a certificate of survey in the building permit process. The proposed ordinance is an attempt to clarify when surveys are needed and identify means other than surveys and when they can be used. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE ADOPTION OF ORDINANCE 97-15 PERTAINING TO CERTIFICATE OF SURVEY REQUIREMENTS FOR BUILDING PERMITS. . Councilmember Robbins asked why the survey exemption was narrowed to replacement of decks when under new construction the survey exemption is broader for structures such as additions and porches? . Planning Coordinator Kansier said it could be broader; it is a question of the Council's comfort level. Staffwas compromising between requiring a survey for everything or not at all. They chose replacement decks because they are easier to remove if there is encroachment, easement, or a setback of some sort. Decks also have less effect in terms of impervious surface. There are some building code issues that have to do with porches that are more complicated than decks. There is a provision in the ordinance that does not require a new survey if the addition or new structure is less than 480 square feet outside of the Shoreland and Flood Plan districts. ' . Councilmember Robbins asked if the ordinance contemplates replacement of an addition or new structure without the necessity of a survey. 8497.DOC 2 . . . AUGUST 4. 1997 MINUTES OF THE CITY COUNCIL MEETING Planning Coordinator Kansier said there is a provision that allows an addition of limited size without any survey that would allow replacements without a new survey if it were under 480 square feet. Councilmember Schenck asked if the staff's concern was the footprint of the structure not changing. Planning Coordinator Kansier said yes and no. She said the concern is the replacement deck's footprint not changing. . Councilmember Schenck asked how often would a porch or addition come up before the Planning Commission? . Planning Coordinator Kansier said if someone wants to replace the deck with something bigger. . Councilmember Kedrowski asked whether there are other areas where the City can lighten the load without compromising what they are trying to accomplish. . Planning Coordinator Kansier said in terms of certificate of surveys, they could do it without a survey at all. In terms of zoning, they could look at relaxing setbacks, and changing impervious surface of a lot. The other issue is how it affects the building code. The law prohibits relaxation of the building code. . Councilmember Kedrowski asked whether this is as far as the City should go. . Planning Coordinator Kansier said the staffs objective was to lighten the load on smaller projects but ensure they were still maintaining City standards and they felt this was a good compromIse. . Councilmember Kedrowski asked what happens if homeowners built straight up and do not increase impervious surface? . Planning Coordinator Kansier said as long as they are not building out, they would not need a new survey. . . Acting Building Official Scherer said the staff has made the requirements more user friendly. He said they are not requiring a certificate of survey, but they are not going to allow a sketch on a napkin either. There are provisions in the ordinance where the property owner has to locate their property pins so the Building Inspection department can verify where the property lines are. It will put more burden on staff, but will be more user friendly to the public and still meet the codes and ordinances, so it will be a win-win situation. . Councilmember Kedrowski asked how does this compare to other cities? 8497 DOC 3 AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING . Planning Coordinator Kansier said she has worked in a City where there were no surveys required at all and they were literally sometimes looking at sketches on napkins. Others required surveys for any improvement. It is a question of how far the Council wants to go. . Mayor Andren clarified that this issue first came about when a year or so ago Jean Bauduin, a resident, was furious that they had to spend as much or more on getting the survey than replacing their deck. As a result of that, the Council adopted a resolution allowing replacement decks outside of the Shoreland and Flood Plain without a survey. . Acting Building Official Scherer said that was correct. He said what has happened in the past if someone built and closed on a house and the original survey did not have a deck on it, they would need to go back to the land surveyor and have it entirely re-surveyed at a cost of $500 to $800. . Mayor Andren asked whether this includes only homes outside Shoreland District. . Planning Coordinator Kansier said it had been expanded to include other areas. . Mayor Andren said if someone chooses to replace something with four walls and a carpet, that does have bearing on impervious surface. . Planning Coordinator Kansier said at this point, a replacement deck in the Shoreland district would not require a new survey. This was not affecting impervious surface. The City knows the size and would be able to tell how big it is by looking at what is there. Unless they are planning to put a concrete pad underneath it that is not currently there, it would not be impacting impervious surface. . Mayor Andren said so everyone has the same equal opportunity not to have a survey with a replacement deck. . Planning Coordinator Kansier concurred. . Mayor Andren called the question. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 9. NEW BUSINESS: A. Consider Approval of Request by Spring Lake Township to Rescind the Orderly Annexation Agreement. . City Manager Boyles introduced the item. In a June 26, 1997, letter, Duane Borka, Chairman of the Spring Lake Township Board, requested that the City Council consider rescinding the Orderly Annexation agreement. The Township Board 8497 DOC 4 8497 DOC AUGUST 4. 1997 MINUTES OF THE CITY COUNCIL MEETING believed that by rescinding the agreement, it would reduce the tensions in the township. The Annexation Task Force analysis is that regardless of whether an agreement exists, statutes allow annexation to take place. Secondly, the Orderly Annexation Agreement has a long history through which annexation has been taking place. The sixth annexation took place in July of this year. The Annexation Task Force made a number of recommendations to the City Council to direct future annexation all of which assumes the agreement continues to exist. Finally, it appears obvious based on the incorporation public hearing that there are people who do wish to be annexed. . Mayor Andren invited the attending residents of Spring Lake Township to make a statement. . Duane Borka, Chair of Spring Lake Township Board, approached the Council. He said the main concern is that they consider alternatives. Rescinding the annexation agreement would not stop Spring Lake Township residents from being annexed to the City. He said they did a survey and 75% of the respondents did not want to be annexed. . Councilmember Kedrowski said he served on the Annexation Task Force. The agreement should be amended to reflect where they are today. There are areas that will not be annexed and some that will. There should be a long term focus and planning. He said he had no problem amending the agreement, but not getting rid of it completely. . Dave Moran, 14408 Waters Edge Trail of the Watershed District, approached. He said the Watershed passed a resolution in a recent meeting urging annexation or other action that would lead to immediate sewer service around the entire perimeter of Spring Lake. There is a fair amount of septic systems failing around Spring Lake. The septic systems are currently polluting Upper Prior Lake. He said he has been flying over the area for 15-20 years and every year the pollution gets worse. The plume has expanded to past the Wagon Bridge. If something is not done soon the entire lake will be green. In the interests of protecting the environment, all the homes around Spring Lake should have utilities as soon as possible. More than half of them are amenable to expansion of utilities. . Councilmember Kedrowski said this shows that the Council must stay involved and the Orderly Annexation Agreement should not be rescinded. . Councilmember Schenck said the issue surrounding Spring Lake is a pollution issue. He said all they were trying to do is clear a problem. The problem would not be a problem, but Spring Lake provides Prior Lake with 73% of its water. The pollution problem will lower home values. The Orderly Annexation agreement is not the problem, just as dissolving it is not the resolution. The foundation of what this 5 8497.DOC AUGUST 4. 1997 MINUTES OF THE CITY COUNCIL MEETING Council wanted to do as a basis of the workshop that three of them attended is work in the spirit of cooperation. That is how the Task Force has handled it, by cooperating. He said Commissioner Borka has been receiving a lot of undue heat, and the actions that he has taken have been commendable. He said the Orderly Annexation Agreement could be brought up to speed if they all cooperate. . Councilmember Mader said he also does not see dissolving the agreement as a solution. He said the only concern he has is the implication of the staff report, which is to take the Annexation Task Force recommendations that were contained in the Annexation Task Force Report and fold them into the Orderly Annexation Agreement. He said since Spring Lake Township is still having public hearings, that input should be made available before an agreement is finalized. He said he would not be comfortable with negotiating the Task Force Report into the Agreement until Spring Lake Township completes the hearings. . Councilmember Robbins said that she understood that the concern was the tension that was created by uncertainties. Having a long term plan in place both from the City's perspective and the residents' perspective on what to expect and when is a positive for both sides. She said whether that means amending it now or waiting until the hearings are complete, doing away with it does not seem to meet either party's need. . Mayor Andren said the reason the Council put the Annexation Task Force together was to look at the Orderly Annexation Agreement. That was approved by five councilmembers and it was intended to provide a framework and time line for annexation. As far as public hearings, it may give the Township comfort to know that the City has not gone in and "land-grabbed" any time. All of the annexations have been by petition. She said she did not relish the idea of dragging people kicking and screaming into Prior Lake. What they did have is an obligation to provide a plan for people who were waiting and expecting this to occur. She is not uncomfortable with the fact of sitting down with the Township and negotiating an agreement with the Task Force recommendations. She said one of the reasons they wanted the Township to hold public hearings is that they would be more objective than the Prior Lake City Council, who would be listening to non-constituent opinions. She said some of the Board Members have done their jobs well and she fully expects to have recommendations back from this. She said they would take into consideration if there was an area where residents were overwhelmingly opposed to annexation. She said down the road in order to clean up environmental problems there may be some sort of subsidy. She said there are various aspects that can be gone over, and the Spring Lake Board and Prior Lake City Council will do the best they can. It will not solve any problems to dissolve it. 6 .., AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING MOTION BY SCHENCK SECOND BY KEDROWSKI TO DIRECT THE ANNEXATION TASK FORCE TO RETURN A REPORT CONTINUE MEETING WITH REPRESENTATIVES OF SPRING LAKE TOWNSHIP BOARD. . City Attorney Pace said the issue before you is whether to dissolve an Agreement or not and the second issue, when the Council chooses to address it, has to do with negotiations. . Councilmember Schenck asked Mr. Borka what is the time frame for the conclusion of Public Hearings. . Mr. Borka said mid-September. . Councilmember Schenck withdrew his motion and Kedrowski withdrew his second. Councilmember Schenck said he wanted to restate the motion. MOTION BY SCHENCK SECOND BY ROBBINS TO DENY RESCINDING THE ORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP Upon a vote, ayes Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. MOTION BY SCHENCK SECOND BY MADER TO DIRECT THE ANNEXA nON TASK FORCE TO CONTINUE NEGOTIATIONS WITH A REPRESENTATIVE OF THE SPRING LAKE TOWNSHIP BOARD UPON CONCLUSION OF THE PUBLIC HEARINGS WITHIN SPRING LAKE TOWNSHIP AND UPON RECEIPT OF REPORTS FROM THE SPRING LAKE TOWNSHIP BOARD REGARDING SUCH HEARINGS. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. . As a point of clarification, the City Attorney said there was direction to the City Manager to write a letter to the Spring Lake Township Board with this request. B. Consider Approval of Amendment to 1997 Capital Improvement Projects Relating to Storm Water Management. . Mayor Andren introduced the item. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE AMENDMENT TO THE 1997 CAPITAL IMPROVEMENT PROJECTS RELATING TO STORM WATER MANAGEMENT. 8497 DOC 7 8497.DOC AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING . John Lidner 16100 Evanston said the culvert that is going to go under Main Street will not solve all their problems. He had information from the State about Hwy 13. He wanted to make sure engineering was aware of it. . Mayor Andren directed Mr. Lidner to give the information to the engineering department and work with them on the problem. If he was unsatisfied with the outcome, he should come back and inform the Council. . Councilmember Kedrowski asked Public Works Director Illka is this problem going to be solved? . Public Works Director Ilkka said they certainly intend to solve it. He said when the 500 year flood comes there will still be damage. He said the final design was not done and it was premature, but he wanted to get the Council's approval. . Counci1member Mader said he visited that property and does not feel the proposed action will solve the problem. He said Mr. Lidner has drainage into the property from an elevated area along the base of highway 13. He said there is water pouring into the property from three different directions. He said this should be deferred until the staff looked at it. He asked if staff could verify whether the culvert goes uphill or downhill from east to west. . Public Works Director Ilkka said the culvert was intended originally to be an equalizing culvert. His home is in what should have been a ponding area, but somewhere in the past the City allowed a home to be moved in there. He said the culvert was setting the wrong way but that did not mean they could not get the culvert through the other side. There is no proposed action except addressing the culvert at this time. . Councilmember Mader said a drawing he looked at was showing the water flow from west to east side of road. The report said this would address the resident's problem. He said it may reduce it, but not enough so that the only problem will be with a 500 year flood. The resident had the problem for a number of years. He recommended deferring the item until the staff looked into it further. . Public Works Director Ilkka said if Council wishes to spend staff time and City money on putting together a design on how to solve the problem, they could do that. He said the ultimate solution would be to buy the resident's property and remove it, but the cost would be considerable. 8 . . 8497.DQC AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING Mayor Andren clarified that this is a storm sewer project and Public Works Director Ilkka would be looking at the problem, but needs Council approval to spend the money to do it. Councilmember Robbins asked how they arrived at the $45,000 estimate. . Public Works Director Ilkka said it was based on looking at solution and providing for contingencies. . Councilmember Robbins said if $45,000 is not adequate, then will the staff have done the studies and have determined what is adequate? . Public Works Director Ilkka concurred. . Mayor Andren asked whether engmeenng would come back to the Council for approval to bid the project? . Public Works Director Ilkka said they would advertise, take bids, and then take the bid back to the City Council for award. . Councilmember Schenck asked if the state would be involved. . Public Works Director Ilkka said the State keeps a "hands off' policy. He said the only change he has seen is improvement (storm water )to Ridgemont between Main and Highway 13. . Councilmember Schenck asked whether the state would participate if they were approached. . Public Works Director Ilkka said it was highly unlikely; the City was saddled with the old TH 13 that is now Main. . Councilmember Schenck asked whether this was a separate issue from CIP. . Public Works Director Ilkka said he saw it as able to be corrected through the storm water fund. . City Manager Boyles suggested that the City Council approve the revision to CIP with the condition that Main Street Storm Sewer Improvement be further investigated by staff, discussed with the state and a report be provided to the City Council prior to preparation of plans and specifications. 9 8497. DOC AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING Councilmember Kedrowski withdrew the original motion and Councilmember Schenck withdrew the second. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT THE 1997 CIP AMENDMENT WITH ADDENDUM THAT MAIN STREET SEWER PROJECT BE BROUGHT BACK TO THE CITY COUNCIL AFTER STAFF HAS LOOKED INTO SOLUTION AND WORKED WITH THE PROPERTY OWNER. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. C. Consider Approval of the Concept to Allow Agreements for Private Use of a Public Right of Way for Street Improvements. . City Manager Boyles introduced the item. He said it was intended as a discussion item so the Council would provide direction. He said the proposal would provide the opportunity for certain roadways for residents to sign an agreement and form a homeowners association. In signing the agreement they would be expected to remain responsible and indemnify the city. If authorized, a policy would be prepared to address this issue. The residents along Linden Circle adjacent to Northwood Road approached the City requesting that they be allowed to pave Linden Circle at their own expense. It was not a request for a public improvement project, as they want to limit the cost. The concept of "permitting" the private use of public property allows these older established neighborhoods to improve their streets and neighborhoods without the destruction of existing amenities often associated with public improvement projects. . Councilmember Kedrowski asked Public Works Director Ilkka how the City was maintaining these types of roads. . Public Works Director Ilkka said the City recently changed the practice and has begun maintaining those roadways and is intending to plow them. . Councilmember Kedrowski asked if the Council adopted a policy, would the City plow or maintain streets at all when asphalt is put on there? . Public Works Director Ilkka said residents were concerned with forming a homeowners association. The City could take on maintenance of public right of way after it was paved if it was at the correct width and there was a place for snow storage. . Councilmember Kedrowski asked about the curb. 10 . . . 8497 DOC AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING Public Works Director Ilkka said because the intent would be to reduce the cost, they could look at bituminous curb, which does not meet the current City standard. Councilmember Kedrowski asked about replacement. Public Works Director Ilkka said it was important to document that this was not a City improvement project, and if it was, it would have to be done to current City standards. . Councilmember Kedrowski asked who determines and at what time when road is replaced, is that something City decides, and what about sealcoating? . City Manager Boyles said this was a conceptual discussion and it might be best to raise issues for the staff to investigate and report upon. . Councilmember Kedrowski said he was trying to discuss the concept of whether they would go forward or not. He said the intent is to make sure the curb, maintenance, sea1coating, and replacements are done and it is determined who pays for it. There may be a benefit to showing the cost for the homeowner versus the cost if the City was to do it. . Councilmember Schenck said what if there is a desire for a trail back to the lake, should that be disclosed or is it a separate issue? Lighting and trail issues should be considered. He asked what determines eligibility of each road or street? . Public Works Director Ilkka said he does not anticipate that streets with 40-50 feet wide right of way would be eligible. . Mayor Andren asked how the roads in Embassy Circle (Maple Hills) are going to be repaired, and what is the difference? . Public Works Director Ilkka said Maple Hills was a unique plat. . Mayor Andren asked did it become a public right of way? . Public Works Director Ilkka said no. . Mayor Andren said if they had to pave their road up to City standards, there may be a consistency problem . Public Works Director Ilkka said it would be consistent. . Councilmember Mader said he had some concern about creating a hybrid where City owns the right of way and the property owner maintains it. It detracts from the 11 AUGUST 4. 1997 MINUTES OF THE CITY COUNCIL MEETING Council's priority of trying to eliminate private roads. He said he is bothered by private road on City property. If there is no benefit to the City for pushing a road through, they should think about vacating the property. He said the other question is cost and getting the project to City specifications without destroying amenities. He said the alternative to using City property for a private road is a substandard road where it is only serving three or four houses. . Public Works Director Ilkka said the street minimum width is 20 feet. There would be no easement, and that had not yet been resolved. . Councilmember Mader said if the policy is now to plow, they would still have the same problem. . Public Works Director Ilkka said if they are coming to us, it should be at less cost than having to acquire rights of way. . Councilmember Mader suggested deferring the item and bringing it back to the Council. . Councilmember Robbins said it was an interesting concept that residents want to pursue on their own at their own expense not spending tax dollars, and the City ends up with a road right-of-way. She suggested the staff pursue this and return with a report. . Councilmember Schenck said another issue was who determines parking issues and law and traffic enforcement. MOTION BY KEDROWSKI SECOND BY MADER TO DIRECT STAFF TO TAKE COMMENTS FROM THE CITY COUNCIL AND ANY OTHER PERTINENT INFORMATION AND PUT TOGETHER A REPORT ADDRESSING ITEMS DISCUSSED TONIGHT TO INVESTIGATE FEASIBILITY AND RETURN TO COUNCIL. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. 10. ITEMS REMOVED FROM CONSENT AGENDA A. There were none 11. OTHER BUSINESS: . The Police Chief interviews went well. 8497.DOC 12 AUGUST 4, 1997 MINUTES OF THE CITY COUNCIL MEETING . Councilmember Kedrowski asked about the Weekly Update, acquisition of Kop farm. Is there a conflict of interest with Best and Flannigan since the City is represented by that attorney firm in a joint powers agreement with the MYTA. The City Attorney will report back to the City Manager. . Councilmember Kedrowski asked if code enforcement activities could be made more cost recoverable? . City Manager Boyles said it is a function of how sympathetic the court is to those efforts. . Councilmember Kedrowski said there could be fines. . City Attorney Pace said there are some Cities who have Municipal Courts who do that. She said she was not certain the City had the authority. Minnesota Statute 429 allows in certain circumstances to assess costs in property taxes. MOTION KEDROWSKI SECOND SCHENCK TO DIRECT STAFF TO INVESTIGATE POSSIBILITY OF COST RECOVERY IN BUILDING CODE VIOLATIONS. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT MOTION BY ANDREN SECOND BY SCHENCK TO ADJOURN THE MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck the meeting adjourned at 9: 12 p.m.. ~J72J;l-cJ Recording Secretary 8497 DOC 13