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HomeMy WebLinkAbout5.F.2. Approval of Minutes: May 02, 16, 22 and May 30, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 2006 Mayor John 1. Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were MarkMcNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig, Park, Recreation and Facilities Director, Ryan Hughes, Natural Resource Specialist, and Andrea Weber, Park and Recreation Landscape Designer. The pledge of allegiance was recited. Mr. McNeill, City Administrator, requested that item 5.B.6be added to the consent agenda, Accepting the Retirement of Marv Athmann from the Fire Department. Joos/Menden moved to approve the agenda as amended. Motion carried 5-0. There was no mayor's report. Mayor Schmitt asked if there were any additions, deletions, or corrections to the Consent Agenda. Mr. McNeill corrected item 5.F.6, Policy for Uniforms. The Teen Center Staff will be allowed three shirts per year, not two as stated. Mr. McNeill requested that item S.B.5, Increasing the Fleet of the Shakopee Fire Department, be deleted from the Consent Agenda. Mr. McNeill requested that item 13.A.2, Accept Feasibility Report and Set Hearing Date for June 6, 2006 for 10th A venue and Holmes Street Bituminous Overlay, Project No. 2006-5 - Resolution No. 6414, be added to the Consent Agenda. Mr. McNeill requested that item 13 .E.1, Authorize Pay Plan Update, be added to the Consent Agenda. Mr. McNeill requested that item 13.F.2, Women's Correctional Facility - Strategic Plan, be added to the Consent Agenda. MendenlLehman moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda Business for the record. Motion carried 5-0. MendenlLehman moved to authorize appropriate City staff to purchase a copy machine from Crabtree Companies for $8,573.25 (Motion carried under the Consent Agenda). MendenlLehman moved to authorize staff to use the repurchase agreement with Siemon Implement, Inc. for Unit #135 a John Deere 1445 Mower with a repurchase price of $2,500 plus $6.00 for every hour over 250 hours and authorize staff to use the repurchase agreement with Lano Equipment, Inc. for Unit #154 a 2006 Bobcat S-185 with the repurchase price of $3,975.65 with both payment to be expended for the Internal Service Fund. (Motion carried under the Consent Agenda). Official Proceedings of the May 2, 2006 Shakopee City Council Page -2- MendenlLehman moved to authorize staff to contract with Duke's Sewer Root Control Specialists for the price of$39,750 for sanitary sewer root control, with payment to be expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda). MendenlLehman offered Resolution No. 6411, A Resolution of the City of Shako pee, Minnesota Authorizing the Submission of an Underage Compliance Check Grant Application, and moved its adoption. (Motion carried under the Consent Agenda). MendenlLehman moved to declare as surplus property a 2005 Chevrolet Colorado pick- up, VIN# 1 GCDT136858127523, and authorize the temporary transfer of the surplus vehicle to the Southwest Metro Drug Task Force. (Motion carried under the Consent Agenda). MendenlLehman moved to declare the 1999 Mercury Sable, VIN# IMEFM58S3XG634971, as surplus property. (Motion carried under the Consent Agenda). MendenlLehman offered Ordinance No. 756, Fourth Series, an Ordinance of the City of Shakopee, Minnesota Amending Chapter 6.21 Peddlers, and moved its adoption. (Motion carried under the Consent Agenda). MendenlLehman moved to accept the retirement of Marv Athmann from the Fire Department. (Motion carried under the Consent Agenda). MendenlLehman offered Resolution No. 6419, A Resolution of the City of Shakopee, Minnesota, Accepting a Grant from Polaris Industries for the Quarry Lake Park Project, and moved its adoption. (Motion carried under the Consent Agenda). MendenILehman offered Resolution No. 6420, a Resolution of the City of Shakopee, Minnesota accepting the $6142.15 from the Shakopee Adult Softball Association, and moved its adoption. (Motion carried under the Consent Agenda). MendenlLehman moved to authorize renewal of the agreements with Shakopee Coyotes Baseball Team and Shakopee Indians Baseball Team to operate Joe Schleper Baseball Stadium concession stand through August 31, 2006. (Motion carried under the Consent Agenda). MendenlLehman moved to authorize a contract extension with Bonestroo, Rosene, Anderlik & Associates for 2006 park construction administration and inspection in an amount not to exceed $75,000. (Motion carried under the Consent Agenda). MendenlLehman moved to authorize the hiring of Ryan Soliday as a part-time probationary community service officer at Step E of Grade Level 2 in the 2006 City Pay Official Proceedings of the May 2, 2006 Shakopee City Council Page -3- Plan, at an hourly rate of$14.53, subject to the satisfactory completion of pre- employment medical and psychological examinations. (Motion carried under the Consent Agenda). MendenlLehman moved to approve the bills in the amount of $191,603.21 plus $32,664.56 for refunds, returns, and pass through for a total of$224,267.77. (Motion carried under the Consent Agenda). MendenlLehman moved to approve the minutes for March 6, March 21, and April 3, 2006. (Motion carried under the Consent Agenda). MendenlLehman offered Resolution No. 6412, A Resolution of the City of Shakopee, Minnesota Providing for the Issuance and Sale of $3,440,000 General Obligation Improvement Bonds, Series 2006A, and moved its adoption. (Motion carried under the Consent Agenda). MendenlLehman moved to transfer $447,613 to the State Aid Fund and $63,469.94 to the 2003A Debt Service Fund from the2003 Capital Projects Fund in order to close the 2003 Capital Projects Fund. (Motion carried under the Consent Agenda). MendenlLehman moved to affirm the purchase of an additional 1125 eighteen gallon curbside recycling containers, and one lid, bringing the total purchase from Busch Systems International, Inc. to $24,999.10. (Motion carried under the Consent Agenda). Menden/Lehman offered Resolution No. 6416, A Resolution of the City of Shakopee, Minnesota Setting a Uniform/Clothing Policy, and moved is adoption. (Motion carried under the consent agenda). MendenlLehman offered Resolution No. 6418, A Resolution of the City of Shako pee, Minnesota Adopting the Compensation Policies for the Fire Department of the City of Shakopee,Minnesota, and moved its adoption. (Motion carried under the Consent Agenda). Menden/Lehman moved to authorize the appropriate City officials to enter into a contract amendment clarifying the intended job and wage incomes from the CertainTeed abatement agreement. (Motion carried under the Consent Agenda). MendenlLehman offered Resolution No. 6414, A Resolution Receiving a Report and Calling a Hearing for the 2006 Bituminous Overlay Project, Project No. 2006-5, and moved its adoption. (Motion carried under the Consent Agenda). MendenlLehman moved to authorize proceeding with an update to the City's Pay Plan, to include a review of exempt compensation, a comparison of Shakopee' s pay structure to Official Proceedings of the May 2, 2006 Shakopee City Council Page -4- that of 10 cities listed above, and a goal of establishing City salaries at the 60th percentile of the comparison group. (Motion carried under the Consent Agenda). Menden/Lehman offered Resolution No. 6421, a Resolution ofthe City of Shakopee, Minnesota Calling Upon the Minnesota Department of Corrections to Perform a Long Range Strategic Plan for the Women's Correctional Facility at Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent Agenda). Mayor Schmitt asked if there was anyone present who wished to speak about an item not on the agenda. Michael Keizer, 8325 Haeg Drive, Bloomington, MN, stated that he had been into City Hall and spoke with the Fire Marschall yesterday about a concern with an exposed electric junction box on the comer of 2nd Avenue and Holmes Street. As of tonight, the box is still exposed and not marked. Mr. McNeill stated that it should be referred to the Shakopee Public Utilities. Lehman/Joos moved to direct staff to refer the concern of the exposed junction box on the northwest comer of2od Avenue and Holmes Street to the Shakopee Public Utilities. Cncl.Menden asked ifthere was something that could be done immediately. Mr. McNeill stated that an emergency call will be made to take care of it as soon as possible. Motion carried 5-0. Dennis Hron, thanked the Council for adopting the Resolution requesting the long range study on the women's correctional facility. He gave the Council 2 copies of the data that had been communicated back and fourth with the Minnesota Department of Corrections. Mr. Leek presented the Council with a request from Ryan Contracting/DR Horton for annexation of approximately 340 acres of land from Jackson Township into the City of Shakopee. The property is located south of Highway 169 and west of Marystown Road/CSAH 15. The Council authorized the distribution of an Environmental Assessment Worksheet (EA W) and comments received from that are expected to be brought before the Council on June 6. Staff recommended that 70 acres of the property be annexed into the City. The Planning Commission unanimously voted to recommend to the City Council the approval of the annexation of the entire subject property. Three Commission members stated that they believed annexation of the entire property would allow for better planning. Mr. Leek recommended that the public hearing be opened tonight and continued to May 16th to allow for Jackson Township to meet and present their concerns to the Council. MendenlLehman moved to open the public hearing. Motion carried 5-0. Official Proceedings of the May 2, 2006 Shakopee City Council Page -5- Cncl. Lehman asked Mr. Leek to present the pros and the cons of partial and complete annexation of the property. Mr. Leek stated that the Council has been pretty fIrm on Phase 1 and Phase 2 ofMUSA. Part of this property is in Phase 2 of the MUSA. There would be approximately $4,000,000 of infrastructure that Shakopee Public Utilities would need to invest for booster stations, storage, and water lines. Within this property is a location that the Shakopee School District is considering for an elementary school. In order to meet the District's goal of completion of the school by 2009, the property would need to be annexed. The Environmental Assessment Worksheet that was recently approved, cannot be acted upon unless the property is within City limits. If the entire property were annexed, it would allow the City, Shakopee Public Utilities, and the School District to plan in a more logical fashion. Cncl. Lehman asked if the City would have control over MUSA and extending it phase by phase. Mr. Leek stated that theEA W will address the River Crossing and local road connections. The City would have control over MUSA extensions when the request comes forward. Cncl. Joos asked Mr. Leek how many acres are available for MUSA. Mr. Leek stated that there are approximately 1,092 acres left, which is about half of the allocation which was approved in 2002 that was expected to be a 10 year period. Mr. Leek stated that the guiding for MUSA would take place after the property is annexed. Cncl. Joos stated he was concerned about the low amount of acres that are available to MUSA. Mr. Leek stated that growth is leveling off more now than it has in the past. Also, the City could request that the Met Council review its MUSA allotment. Properties that are already within City limits, but operate on private septic tanks, will be addressed in the current comprehensive plan update. Cncl. Joos stated that he would like to request more allocation from Met Council, recognizing that one-third of what we have is what is needed for the property if annexed. Cncl. Menden asked Mr. Leek what would happen if the Mdewakaton Sioux Community requested MUSA from the City. Mr. Leek stated that this situation was highly unlikely because they intend to be served by the plant that they are constructing. However if they would decide they wanted service through the City, the Council would look at the property and decide when and where the MUSA would be guided like they do with all other properties. If the City would be able to provide service through there, they would be able to utilize the Prior Lake interceptor which would be advantageous. Official Proceedings of the May 2, 2006 Shakopee City Council Page -6- Cncl. Clay stated that it might be more logical to have the sanitary sewer plan finished before the Council decided to annex more land. Mr. Leek stated that based upon the comments of the Met Council staff, the capacity that is available with the Shakopee- Chaska interceptor is sufficient for this area. Mayor Schmitt stated that the City should have a strategy to get a commitment from the Met Council because of all issues in Carver County. Mr. Leek stated the Norwood-Young America had a plan before Met Council for 3,000 acres which has been a typical strategy in Carver County. Cncl. Lehman asked Mr. Leek about a second MUSA line along Hwy. 169. Mr. Leek stated that the Met Council staff has said in the past that the capacity will be there when the City expands to the west. A second MUSA line would be put in place and Met Council staff stated that they would work with the City to get that line in place when needed. Cncl. Lehman asked Mr. Leek how the costs would be divided if a second line was put in place that other neighbors to the north or to the west would utilize. Mr. Leek stated that they would be divided and that based upon past experience with the Shakopee-Chaska interceptor negotiations, the City will need to be a stronger negotiator. Tim Keane represented the Ryan-Horton Partnership stated that he would agree with the staffrecommendation to continue the public hearing to May 16 so that Jackson Township is able to meet and bring a resolution supporting the annexation request. Gary Wollschlager, Tollefson Development, stated that he would like his 40 acres to be considered for annexation and MUSA extension as well and asked if this is the time to bring his request back. Joos/Clay moved to continue the public hearing until May 16,2006 on the petition of Ryan Contracting and DR Horton for the annexation of 340 acres south of Highway 169 and west of Marystown Road/CR 15. Motion carried 5-0. Mayor Schmitt asked the Councilors for liaison reports. encl. Lehman stated that he met with a group of residents in regards to the I-State Truck proposal. The concerns of the residents were passed on to Mr. McNeill and the Planning Commission. Cncl. Menden attended the Joint meeting of the EAC & Park and Recreation Advisory Board where they decided to meet at least once more to see if they can make it work. Official Proceedings of the May 2, 2006 Shakopee City Council Page -7- Cncl. Joos attended the Shakopee Public Utilities Commission meeting where there were presentations on the annual water and electric reports for 2005. Cncl. Clay did not have anything to report. Mr. Leek presented the Council with information on a request from Council to create a new mixed zoning district. This district would ensure that the uses along County Road 101/Riverfront Area would be permitted uses. This would do away with the B-1, RCl, R2 and R3 zones in that area. Over 200 property owners were notified about the potential re-zoning to mixed use. Only two calls were received. There was no testimony at the public hearing at the Planning Commission Meeting where the Commission did recommend that the Council approve of the text amendment as presented to create a mixed zoning district. The Planning Commission will be holding a public hearing on the rezoning within the area to Mixed Use on May 4, 2006. Cncl. Joos stated that he is not in favor of this zoning. The variances and conditional uses for this area could pose many problems in the future. Cncl. Joos stated that there are too many zones and uses being combined into one. The Council will be unable to say no to a conditional use. Cncl. Clay stated that he agreed with Cncl. Joos. Cncl. Clay stated that he felt it was too broad to say that uses in existence in this are at the time of adoption are allowable because the City might not know all the uses in existence right now. Cncl. Clay stated that he has not heard much public discussion on the subject. Mayor Schmitt stated that he wasn't comfortable with creating a zone that could have many problems including having to allow a fast food restaurant next to a single family home that doesn't want it because the zoning states it would be a permitted use. Cncl. Lehman stated that there currently are fast food restaurants next to single family homes in the area. This zoning would make the current uses actual permitted uses and solve a 25 year old problem. Cncl. Lehman stated that if a developer wanted to buy 4-5 homes and build a commercial property, then the free market should allow that to happen. This zoning has been used in other communities and it works. Cncl. Menden stated that he is concerned that the Council would not have much control in the proposed zoning area. Cncl. Lehman stated that currently there are non-conforming single family homes in this area and the proposed zoning would allow the current homes to be conforming. Mr. Leek stated that an amendment was made in the past and single family homes are a conforming use presently. r Official Proceedings of the May 2, 2006 Shakopee City Council Page -8- Mayor Schmitt stated that the Council as allowed many of these non-conforming uses in order to help specific businesses. Michael Keizer, 8325 Haeg Drive, Bloomington, MN, stated that he and his associates would like to bring about a major renovation of Shakopee that would include having the Corp. of Engineers address water level issues along the river, reincorporate the Huber Park area into the downtown park system, add 4-6 major tower structures up to 15 stories in height, bring in up to 50 restaurant facilities not currently in the area, bring in major banks, try to bring in more mass transit including Light Rail. Mr. Keizer stated that the Council should be planning for commercial in this area. The 15-20 residents that live in this area could be compensated for their homes and the property could be used to build riverfront towers that many people would like to live in and generate more tax dollars. Cncl. Joos asked Mr. Keizer if he is in favor of the proposed mixed use zoning. Mr. Keizer stated that he was. Ed Wagner, 120 N. Main St., stated that has had to go to a bank four times in 11 years to get financing for home improvements because banks will not finance homes that are zoned parkland or business use like homes in this area because they have been zoned improperly. Mr. Wagner stated that the lack of funding is also the reason that some of this area looks blighted. Mayor Schmitt asked Mr. Wagner if homeowners were now allowed to get loans with the change of the ordinance in 2003. Mr. Wagner stated that they were able to get loans, however some people are still not aware of this change and it will take time to fix some of the home improvements that are needed in the area. Jay Whiting, 520 3rd Ave. E., stated that he is the Chair of Historic Preservation Advisory Committee. The Committee is researching this area which does have some of the oldest houses in town. Before jumping into any plan, we need to look at the history down there. Mr. Whiting stated that it would be good to bring new businesses to the area, but not necessarily by driving other people out. Joos/Menden moved to continue the public hearing on creating a mixed use district within the First Avenue/Riverfront area, until after the Planning Commission's public hearing on May 4,2006, on the rezoning in the area. Motion carried 5-0. Lehman/Menden moved for a brief recess at 8:37 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8;46 p.m. Mr. Leek presented the Council with a request to extend MUSA and rezone property from Agricultural Preservation (AG) Zone to Medium Density Residential (R-2) to 80 Official Proceedings of the May 2, 2006 Shakopee City Council Page -9- acres south ofHwy. 169, east of Brittany Village 5th Addition, and west ofKillarney Hills. Mr. Leek stated that there have been concerns brought by residents requesting that a greater portion of the property be zoned R-1B, which is single-family detached residential. The Planning Commission recommended approval of the MUSA extension and rezoning the property to Medium Density Residential (R-2) except for the southerly 200 feet of the westerly section and the southerly 200 feet of the west half of the easterly section which shall be zoned to Urban Residential (R-1B). This would provide a buffer between medium density to the north and single family to the south. Cncl. Menden asked Mr. Leek how the 200 feet was decided upon. Mr. Leek stated that this would allow for one row of houses and a roadway. Cncl. Menden asked if there would be 200 feet ofR-1B zoning in the Killarney Hills property to the east. Mr. Leek stated that it could be a possibility to consider. Mr. Leek stated that there is an issue with the sanitary sewer easement in the Monarch Estates. There is only 3 feet between the house and the easement. Therefore a deck cannot be built and certain landscaping cannot be done. Mayor Schmitt asked Mr. Leek if the Council had passed an ordinance that would not allow for ledger boards or sliding glass doors to be put in place if a deck could not be built. Mr. Leek stated that the Council had never passed such an ordinance, but the Council could consider that or continue to look at each development as it has in the past. Terry Hauer, 2512 Valley View Road, stated that he is the developer for the property. Mr. Hauer stated that Downing A venue would be extended into this property, there are currently stub connections to England Way, Phillip Way, and Phillip Drive, and there is a proposal to connect with lih Avenue at the eastern end ofthe property. Mr. Hauer stated that they do own the property to the east in Killarney Hills and they would consider allowing for an R-1B zoning as a buffer on that property as well. Joos/Clay offered Resolution No. 6415, A Resolution of the City of Shakopee, Minnesota Approving a Request to Amend the Comprehensive Plan to Extend MUSA to Property Located South of Highway 169, East of Brittany Village 5th Addition, and West of Killarney Hills Subdivision, and moved its adoption; and, Ordinance No. 758, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located South of Highway 169, East of Brittany Village 5th Addition, and West of Killarney Hills Subdivision from Agricultural Preservation (AG) Zone to Medium Density (R-2) Zone and Urban Residential (RI-B) Zone, and moved its adoption. Motion carried 5-0. Mr. Leek presented the Council with a request for waiver ofthe lot frontage criteria for property located at 1127 Vista Ridge Lane. If this waiver is approved, the applicant will Official Proceedings of the May 2, 2006 Shakopee City Council Page -10- continue with the Minor Subdivision application. A roadway easement to County Road 14 and Vista Ridge Lane would also be prepared. Mayor Schmitt asked if anyone in the audience would like to speak about the request. None being heard the meeting continued. Joos/Menden moved to approve the request from Brian and Michele Thompson, 1127 Vista Ridge Lane, for waiver of the subdivision criteria regarding the City's lot frontage requirement, including the dedication of a roadway easement (as depicted in the memo from Mark Noble dated May 2, 2006). (CC Document No. 410) Cncl. Lehman asked Mr. Leek if language was included to require the roadway easement. Mr. Leek stated that it did and language would be required with Minor Subdivision. Cncl. Lehman asked who would be building the roadway. Mr. Leek stated that it would not be at the expense of the City. Motion carried 5-0. Ryan Hughes presented the Council with a proposal to begin marking boundaries of park, open space, and conservation easements. Step 1 is approval of the plan by the City Council. Step 2 would be notifying affected residents and a link to the City's website would allow residents to use a map that would show where the park/open space/conservation easement was located on a property. Step 3 would include installing boundary markers and appropriate signage. Step 4 would be dealing with the encroachments and corrective actions. Some encroachments include landscaping, fencing, playgrounds, mowing, and sod placement within park land, open space, and conservation easements. The Park Board would deal with park land encroachments while the Environmental Advisory Committee would deal with open space and conservation easements. Ultimately residents could appeal to the Council requesting that their encroachments not be removed. Cncl. Clay asked ifthe Council had to allow an appeal from residents because it is clearly an encroachment on property. Cncl. Clay stated that ultimately any request from a resident to encroach on City property or easement would be denied and it would seem to make sense to not allow for an appeal. Mr. Themig stated that an appeal would not have to be allowed. An appeal was just given as an option. Mr. McNeill stated there have been encroachment issues in the past and if the Council remains consistent in not allowing encroachments, residents would begin to understand that there is no need to appeal. Official Proceedings of the May 2, 2006 Shakopee City Council Page -11- Mayor Schmitt asked if storm water drainage easements were included in this proposal. Mr. Themig stated that utility and drainage easements are not included in this proposal because they are a large scope in and of themselves. Only the ponds within Southbridge would be included since they are considered part of the park and open space. Mayor Schmitt asked Mr. Loney if the Public Works Department encroachment issues with storm water ponds would be dealt with in a similar matter. Mr. Loney stated that currently there is not such a project within the department, but easement information is being presented to residents to prevent the encroachment from occurring in the first place. Cne!. Lehman asked who would be allowed to decide if a "variance" should be granted in an easement. Mr. Themig stated that ultimately it would be the City Council. Mr. Themig stated that he believes the conservation easements strictly prohibit structures such as fences and appeal would not be allowed. Appeals might only be allowed for things such as site restoration. Cncl. J oos asked what responsibility the City has for these easements including noxious weeds. Mr. Themig stated that the City does not have an obligation, but more of a responsibility. Ultimately the residents own the property, but the City should work with the residents to ensure that the purpose of the easement is being met. Mr. Thompson, City Attorney, stated that an easement is a prohibition on uses of property owned by the City. The City Council does have the authority to permit stated prohibited uses, however it doesn't make logical sense to do so. Cncl. Lehman asked Mr. Themig ifhe was aware of any property owners who were not aware that a conservation easement existed on their property. Mr. Themig stated that all residents should be aware because it is part of the legal paperwork that is required when purchasing a home. J oos/Menden offered Resolution No. 6417, A Resolution of the City of Shakopee, Minnesota Implementing a Program to Mark Boundaries of Park, Open Space, and Conservation Easements, and moved its adoption. Motion carried 5-0. Mr. Themig presented the Council with bids for Huber Park and related Riverfront Redevelopment, Fillmore Street Extension, and Alley Improvement Project, Project No. PR2005-3. Mr. Themig stated that the master plan for this project was developed in the 1990s. The plan was revised in 2001. A fInal site plan occurred in 2004 with a schematic design done in 2005. Mr. Themig stated that much planning has been done for the site, including site design, amenities, flooding, noise, safety, costs, funding, etc. The riverbank is part of the long term planning, but not part of the current funding. One bid was received for the project totaling $3,389,545.07; There were several deducts requested by the Council totaling $662,809.00. There were several items that were not included in the Official Proceedings of the May 2, 2006 Shakopee City Council Page -12- bid totaling $535,767.00. The funding would include $1,400,000.00 previously allocated from the City Council through the Capital Improvement Project, along with $55~000.00 for construction administration, and $668,228.00 in other funding sources. Assuming the bid were to be awarded in full, the project would require an additional $1,857,084.00 in additional funding. Mr Themig presented the Council with three different funding options. If the Council does not want to proceed with the Huber Park Project, the funding could be used to build a baseball field at Tahpah Park, for field lighting at athletic fields, land acquisition, or accelerate other park projects. There are basically three options that the Council has: 1) Award the Full Bid, 2) Award Bid with Deducts, or 3) Reject Bid. Option #1 would require an additional $1.850 million of funding including an Interfund loan. In Option #2, Mr. Themig stated that there are $522.000 in deducts that would be worth the money and still allow the park to function. There would still be additional funding required. In Option #3, the bid could be rejected and four options could be looked at: the project could be deleted, re-bid with project deletions, re-bid with redesign, re-bid entire project with two bid packages. There would be more costs with a re-bid with design then with a re-bid with project deletions. The Park and Recreation Advisory Board recommended that the Council construct the park with no deducts, use an Interfund loan and commit the future dollars from the Park Reserve Fund. The Board also acknowledged that the Council may want to consider re-bidding. Cncl. Joos asked if anything would be gained by going out for new bids because the costs on items, including concrete, will only increase in the next few months. Cncl. Menden stated that while he wants the project to be completed, he did not feel comfortable with just one bid. Cncl. Lehman asked Mr. Themig when the proposed $1 million Interfund loan in the first funding scenario would be paid back. Mr. Themig stated that it would be paid back in 2007 and 2008 with a $525,000 payment in each year which includes approximately 5% interest. All three scenarios including funding from future projects that have either received approval or have been recommended for approval. Mayor Schmitt asked Mr. Themig how much of the anticipated additional revenue sources were confirmed. Mr. Themig stated that most of the funding sources were confirmed. The donation of $28,208 for the irrigation system, $80,000 for the Levee Drive Parking Lot Undergrounding, and the SPUC Costs for Conduit Placement in Bid (approximately $5,000-6,000) are not confirmed. Mayor Schmitt asked Mr. Themig about the park dedication fee projections. Mr. Themig stated that both cash and land dedication have been figured into his projections. He stated that the cash estimates are based on 2006 fees, which could change. The timeline is also just an estimate because that is ultimately up to the developer. Official Proceedings ofthe May 2, 2006 Shakopee City Council Page -13- Mayor Schmitt stated that he is having a hard time with this project because it was originally $1.4 million and has now increased to $3.9 million. Money would need to be borrowed and the scenarios involve spending money that the City does not yet have. Mayor Schmitt recommended taking the buildings out ofthe project for a few years until the City knows where the economy is headed and has received some of the anticipated park dedication fees. Cncl. Clay stated that it is a gamble to get the funding, but it is more of a gamble to put off the project and watch the construction costs rise. Mr. McNeill stated that an Interfund loan can be paid back with either ear-marked park dedication fees from new developments or with general fund levies. As the development fees are being considered, there is a possibility of having to use general fund levies to make up the difference from reduced development fees. Cncl. Lehman asked Mr. Thompson if it would be possible to re-bid the process and break out separate items. Mr. Thompson stated that it can be broke out separately. Mr. Themig stated that another possibility is deferring the Greenfield West and Westerchester parks for a year or two and use those funds to fund Huber Park. Menden/Lehman offered Resolution No. 6401, A Resolution Rejecting Bids for Constructions of Huber Park and Related Riverfront Development, Fillmore Street Extension, and Alley Improvement Project Project No. P2005-3, and moved its adoption. Motion carried 3-2, Clay and Joos dissenting. LehmanlMenden moved to re-bid the project as designed, but issue separate bid packages, the first bid package would include the sitework with standard deducts and the second bid package would include the performance area and pavilion/restroom building with the pavilion/restroom building as adeduct along with the standard deducts. Stuart Krahn, from Bonestroo, Rosene, & Anderlick, stated that the control panel is currently designed to be housed in the pavilion/restroom building. If that building were to be deducted from the project, it would need to be redesigned probably to an exterior service panel adjacent to transformer panel on the north end ofthe building. Motion carried 5-0. Mr. Loney asked the Council to consider awarding a contract for the 2006 Street Reconstruction and Tahpah Park Improvements, Project No. 2006-2. The lowest bid received was from S.M. Hentges & Sons, Inc. with a total bid of$3,611,611.15 ($2,275,596.47 Street Reconstruction and $1,336,014.68 Tahpah Park Improvements). The Engineer's estimate for this project is $3,680,000.00. Official Proceedings of the May 2, 2006 Shakopee City Council Page -14- Cncl. Lehman asked Mr. Loney about the different options for payback of resident assessments. Mr. Loney stated that there will be an assessment hearing in which those topics can all be discussed. Menden/Clay offered Resolution No. 6413, A Resolution of the City of Shakopee, Minnesota Accepting Bids for the 2006 Street Reconstruction and Tahpah Park Improvements Project No. 2006-2, and moved its adoption; moved to approve a 5% contingency amount on this project for use by the City Engineer in authorizing change orders or quantity adjustments on this project; and moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to perform construction staking services on the 2006 Street Reconstruction Improvements. Motion carried 5-0. Cncl. J oos asked Mayor Schmitt if item 13.B.1 could be discussed next since it was getting late and there were members present in the audience to discuss the subject. Mayor Schmitt stated it could be presented next. Mr. McNeill presented the Council with a request to restrict parking on Lewis Street from the alley between First and Second A venues, south to Third A venue, to accommodate a "Classic Car Show" display on several Wednesday evenings during the summer. The parking restrictions would end at 10 p.m. and if voluntary compliance did not occur, the issue would be brought back before the Council. The applicants would be responsible for clean up of debris. Cncl. Lehman asked Mr. McNeill if the customers park in the parking lots because the street is blocked off, where are the residents who normally park in those parking lots going to park. Cncl. Lehman asked if signs could be made to allow for residents to park in those lots. Mr. McNeill stated that some residents might have to walk, but stated that if it became an issue it could be brought back to the Council. Mayor Schmitt was concerned about blocking off parking to businesses that were still open including Bill's Toggery and Betti Lu's. Mayor Sclunitt asked if there was anyone in the audience who wished to speak on the subj ect. Bryan Turtle, co-owner of Turtle's Bar and Restaurant, stated that he is excited about the prospect of bringing more people to the downtown area. He stated that he spoke with Bill and Betti Lou who stated that they were both interested in getting more people to the downtown and potentially shopping in their stores. Many cars are a bi-product of getting people to visit downtown. Official Proceedings of the May 2, 2006 Shakopee City Council Page -15- Cncl. Lehman asked if the clean up of debris was clarified. Mr. Turtle stated that he would go out on Thursday mornings to clean up any debris which he did not believe would be much. Lehman/Menden moved to extend the meeting for 20 minutes. Motion carried 3-2, Clay and Joos dissenting. LehmanlMenden moved to authorize parking restrictions for a "Car Cruise" in the area of Lewis Street from the alley in the 100 block south to Third A venue for June 7 and 21, July 19, August 1 and 16, September 6 and 20, from 5:00 p.m. to 10:00 p.m. subject to the organizers of the events being responsible for litter clean-up, signage and encouraging cars to move, and subject to review ifthere are problems. Terry Hennen, owner of Sports Stop, stated that the classic cars would need anywhere from 1 ~ - 4 parking stalls per vehicle, and 50-100 classic cars are to be expected. There are 640 parking stalls available from Sommerville to Holmes on First A venue and from 1st Avenue to 3rd Avenue on Lewis Street and the four public parking lots. 468 of those stalls were being used on last Wednesday night. Mr. Hennen stated that there was not enough parking for this event. Mr. Hennen stated that it wasn't fair to the other retailers downtown. Could the show be held at Memorial Park and the trophies could be given away at Turtle's? Mr. Hennen has softball league customers and the other business have regular customers and when the downtown area gets congested, it actually turns people away. Mr. Hennen questioned if this situation would help or hurt the businesses downtown. Cncl. Lehman withdrew the motion and Cncl. Menden withdrew his second because they weren't aware that there were going to be 50-100 cars and that some would be trailered in. Mr. Turtle stated that it would be held the first and third Wednesday in the months of June-September. Mr. Turtle stated that the cars wouldn't be traileredbecause it is a car cruise not a car show. The reason the parking spots need to be reserved is so that the cars are not scratched. Mayor Schmitt asked Mr. Turtle if the cars would be cruising Hwy 101. Mr. Turtle stated that "cruise" was probably the wrong term. This would be a meeting place for all those people who are out cruising around to gather. Mr. Turtle stated that he is not asking for the street to be closed, but asking for a place for these cars to park and bring more people downtown. Clay/Menden moved to authorize parking restrictions for a "Car Cruise" in the area of Lewis Street from the alley in the 100 block south to Third A venue for the first and third Official Proceedings of the May 2, 2006 Shakopee City Council Page -16- Wednesdays in June from 5:00 p.m. to 10:00 p.m. subject to the organizers of the event being responsible for litter clean-up, signage, and encouraging cars to move, and to be brought back before the Council for review for the rest ofthe summer. Motion carried 4- 1, Lehman dissenting. Mr. Loney presented the Council plans for 17th A venue completion between Independence Drive and County Road 83. The County only has $1 million in their transportation budget, which is short $300,000 of the total estimated cost of $1,307,432.95. The City might have to carry that cost until they could payback the City in 2007. Mr. Loney stated that they are far apart on right-of-way negotiations which could cost the City a great deal more than estimated. The alternative would be to purchase less right-of-way. The negotiations on the south side of the road have been completed. On the north side, all right turns lanes would be eliminated along with the trail and water main. The right-of way could be reduced by 25 feet. This would save $250,000 in right-of-way purchasing, $350,000 in construction costs, and with indirect costs it would bring the total to $700,000. That would bring the total project cost from $3.35 million down to $2.62 million. When the properties on the north side of the road development, the developer would pay for the turn lanes, water main, and trails. Shakopee Public Utilities Commission would like to see the water main looped through new developments as opposed to under 17th A venue. If the turn lanes and trails were left for the developer cost when the development goes in, it also decreases the liability to the tax payer. Mr. Thompson stated that eminent domain action for the larger right-of-way has already been started, but it might be possible to amend it and reduce the right-of-way within that action without having to start another action. If another action needs to be started, the City would fall under the new eminent domain laws and it would probably delay the project until 2007. This would be an unavoidable risk ifthe project costs are to be reduced. J ooslMenden moved to direct staff to revise the plans for the 17th A venue between Independence Drive and County Road 83, 2006-1, and bring them back to the Council on May 16, 2006. Cncl. Joos stated that he feels that this project needs to get done more than any other project in the City. Cncl. Lehman asked what the access standard was for the County. Mr. Loney stated that it will be ~ mile. Mayor Schmitt asked how much right-of-way the City would get in development. Mr. Loney stated that collector streets are normally 80 feet plus utility easement which would be 100 feet. Official Proceedings of the May 2, 2006 Shakopee City Council Page -17- Mr. Loney stated that the costs are coming in under estimate. Mr. Loney stated that this will come back to Council on May 16th, bids would open June 19th, bids would be awarded on June 20th, construction would begin after the 4th of July and be completed in November. Mr. Loney stated that bid prices might be high because bituminous prices have risen. Cncl. Lehman called the question. Motion carried 5-0. Mr. McNeill presented the Council with a fire department strategic plan. Mr. McNeill spoke with the Cities of Minnetonka and Stillwater who recently developed plans and suggested that a 20-year plan be implemented and a target price of $25,000. The plan could be done for more or less. The $25,000 would allow for an outside consultant to help construct a 20-year plan. The Police Department has some vacancies and therefore room in their budget and is willing to pay for it out of their department. . Mr. Schwaesdall stated that he felt staff could implement a 10 year plan, but a 20 year plan would be too difficult. He welcomed the idea of hiring a consultant to help. Mr. Schwasedall stated that it would take a full 8 ~ months to complete the plan. He would like to begin the internal 5 to 10 year plan and then look at hiring a consultant to complete a 20 year plan. Cncl. Menden stated that he agreed with starting a plan internally and then hire a consultant. The internal plan could then be used to begin the consultant's 20 year plan. Cncl. Joos stated that he felt an outside consultant would also be beneficial because they see things differently and can bring different ideas or suggestions. Mayor Schmitt agreed that it is important to use outside consultants because the way that things have always been done might not be the best way. Mayor Schmitt stated that he felt it would be best to hire the consultant from the beginning and look at the outside perspectives right from the beginning. Joos/Menden moved to table the Fire Department Strategic Plan until the May 16,2006 meeting. Motion carried 5-0. Mr. Schwasedall presented the Council with a request to increase the Fire Department fleet and retain the 1986 heavy rescue vehicle. The vehicle is 20 years old and therefore will have no more payments after this year. The cost to insure it is $1,200/year. The sale of the unit would be estimated at $3,000. Mr. Schwaesdallstated that it is currently being used for hazardous materials specialty equipment and the command post equipment. If Official Proceedings of the May 2, 2006 Shakopee City Council Page -18- this vehicle was retained, no spec changes would need to be made to the new vehicle spec sheet. Mayor Schmitt asked what the life expectancy was for the vehicle. Mr. Schwaesdall stated that it would be a specialty vehicle so it would be good for another 5-10 years. Lehman/J oos moved to allow the .1986 Heavy Rescue to be kept by the Shakopee Fire Department which would increase the fleet of the fire department by 1 rescue unit. encl. Joos stated that the maintenance costs should be monitored and ifmajor issues arise, it can be addressed at that time. Motion carried 5-0. Mr. McNeill presented the Council with meeting dates. LehmanlJoos moved to set the development fee review for Wednesday, June 7, 2006 at 7:00 p.m. in the City Council Chambers and the park dedication for Greenfield West Park will be on Wednesday, June 7, 2006 at 6:00 p.m. at Greenfield West Park. Motion carried 5-0. Mr. McNeill recommended that two members ofthe Council meet with Jackson Township officials to discuss annexation issues. Cncl. Menden and Cncl. Joos volunteered to represent the City at those meetings. Mr. McNeill stated that SCALE requested that the City Council tour the Scott County Jail Annex on Monday, May 22, 2006 at 7 p.m. Menden/Joos moved to adjourn the meeting to Tuesday, May 16, 2006 at 7 p.m. Motion carried 5-0. The meeting adjourned at 11 :42 p.m. ~~.ap J dith S. Cox ity Clerk Jessica Adamietz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MAY 16,2006 Acting Mayor Terry Joos called the meeting to order at 7:00 p.m. with Council members Steve Clay, Steve Menden, Mart Lehman (7:05 p.m.) present. Also present were Mark McNeil, City Administrator; Kris Wilson, Assistant to the City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; and Bruce Loney, Public Works Director/City Engineering. The Pledge of Allegiance was cited. Acting Mayor Joos asked if there were any additions or deletions to the agenda. Mark McNeil asked that 5.F.9., cancelling the 7:00 p.m. meeting on June 7, 2006, be added to the Consent Agenda. Also, 5.P.5, setting a special workshop, a suggestion was made to discuss a couple of other items at the workshop meeting on May 30, 2006. Menden/Clay to approve the agenda as amended. Motion carried 3-0. Acting Mayor Joos had nothing to report. Acting Mayor Joos asked if there were any additions, deletions, or corrections to the Consent Agenda. Menden/Clay moved to approve the Consent Agenda as amended. Councilor Lehman arrived and took his seat. Mr. McNeil read. the consent agenda business for the record. Motion carried 4-0. Menden/Clay moved to authorize appropriate city staff to close Lewis St. from 2nd to 3rd Ave. on Saturday, June 17,2006, from 8:00 a.m. to 7;00 p.m. (Motion carried under the Consent Agenda). Menden/Clay moved to authorize a contract extension with Bonestroo Rosene Anderlik and Associates for the work required to re-bid Huber Park and the related river front development in an amount not to exceed $9,800. (Motion carried under the Consent Agenda). Menden/Clay moved to authorize continued joint meetings with the Parks and Recreation Advisory Board and Environmental Advisory Committee through June 2006 in order to continue evaluating the concept of a merged board. (Motion carried under the Consent Agenda). Menden/Clay moved to offer Resolution No. 6423, A Resolution of the City of Shako pee, Minnesota, Approving the Final Plat of Lloyd's Properties, LLC, and move its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the May 16, 2006 Shakopee City Council 2 Menden/Clay offered Resolution No. 6424, a Resolution Approving City of Shako pee Right.of- Way Plat No.3, for the 17th Avenue Improvements Project, No. 2006-1, and move its adoption. (Motion carried under the Consent Agenda). Menden/Clay offered Ordinance No. 760, Fourth Series, An Ordinance of the City of Shako pee, Minnesota Amending Chapter 7.17 Right-Of-Way Management, and move its adoption. (Motion carried under the Consent Agenda). Menden/Clay moved to approve Change Order No.6. for the Public Works Building Project, City Project No. 2005-5. (Motion carried under the Consent Agenda). Menden/Clay moved to acknowledge Records Clerk Lori Hensen's successful completion of the City's one-year probationary period and grant her full-time regular employment status. (Motion carried under the Consent Agenda). Menden/Clay moved to acknowledge Kyle Sobota's successful completion of the City's one- year probationary period, and granting him full-time regular employment status. (Motion carried under the Consent Agenda). Menden/Clay moved to approve phased retirement for Payroll and Benefits Coordinator Marilyn Remer, beginning July 10, 2006. (Motion carried under the Consent Agenda). Menden/Clay moved to end the 12-month probationary period, and grant full time status to Jessica Adamietz, Public Works Office Service Worker. (Motion carried under the Consent Agenda). Menden/Clay moved to accept Vance Campbell resignation from the Shakopee Fire Department with regrets. (Motion carried under the Consent Agenda). Menden/Clay moved to approve the bills in the amount of$743,355.63. (Motion carried under the Consent Agenda). Menden/Clay moved to approve the minutes of the April 4, 2006 City Council meeting. (Motion carried under the Consent Agenda). Menden/Clay offered Resolution No. 6403, a Resolution Changing the July 4,2006 Council Meeting date to Wednesday, July 5,2006, and move its adoption. (Motion carried under the Consent Agenda). Menden/Clay moved to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Lions Club, in the designated beer garden adjacent to the concession stand at Tahpah Park, on June 2,2006 from 6:00 to 10:00 p.m.; on June 3, 2006 from 9:00 a.m. to 7:00 p.m. and on June 4,2006 from noon to 7:00 p.m., conditioned upon receipt of evident of required insurance. (Motion carried under the Consent Agenda). Official Proceedings of the May 16, 2006 Shakopee City Council 3 Menden/Clay moved to call for a special workshop to be held Tuesday, May 30th, at 7:00 p.m. for City Council and department heads, to hear emergency preparedness actions. Also at the May 30th meeting discussion of Park and Ride Site Options on County Road 18 and possibly County Road 16 as well as discussion ofPersonne1lHuman Resources/EDA staffing reorganization. (Motion carried under the Consent Agenda). Menden/Clay moved to use the refund of$17,916.57 from Blue Cross/Blue Shield, plus interest, to pay group health insurance premiums. (Motion carried under the Consent Agenda). Menden/Clay moved to direct staffto implement billing residential sanitary sewer accounts based on current water use with a cap of 150% of March water usage for the subsequent months of April through October. (Motion carried under the Consent Agenda). Menden/Clay moved to authorize the purchase of a Panasonic Network Security Camera System from General Security Services Corporation, at a cost not to exceed $22,000, including installation/labor and training. (Motion carried under the Consent Agenda). Menden/Clay moved to cancel the 7:00 p.m. workshop meeting on June 7, 2006. (Motion carried under the Consent Agenda). Acting Mayor Joos asked ifthere were any interested parties in the audience who wished to speak on a matter not included on the agenda. There was no response. City Administrator McNeill recommended a Fire Department Strategic Planning Committee be appointed and review the options specifically short and long term planning issues for the Fire Department. That recommendation would then come back to the City Council for review and action. Discussion followed. LehmanlMenden moved to appoint a Fire Department Strategic Planning Committee consisting of Councilor Lehman and Counselor Joos to review options available for preparing a Fire Department Strategic Plan, and bring that back to the Council for action. Motion carried 4-0. Mr. McNeill clarified that the Committee would also include three staff members, three from the Fire Department and then they would pick additional members. Acting Mayor Joos continued the public hearing on the request to annex 340 acres in Jackson Township to the City of Shakopee. R. Michael Leek presented the council with the request to annex property which is located south ofHwy. 169 and west of Marystown Road. He noted that he does have a resolution from the Jackson Township Board approving the annexation. The Planning Commission reviewed the proposed annexation and unanimously recommended approval of the annexation. Discussion followed. Official Proceedings of the May 16, 2006 Shakopee City Council 4 Tim Keane, on behalf of Ryan/D.R. Horton Partnership, Petioners, asked what the council would like addressed in relationship to the annexation. Cncl. Menden asked Mr. Keane if they had any contact with the Jackson Township board regarding annexing the rest of Jackson Township. Mr. Keane stated the question did not come up in any specific meeting; however, property owners who initiate the process by way of petition to the township drive annexation. At that time the township abides by the orderly annexation agreement. Cncl. Lehman stated that part of the annexation agreement is that if the city doesn't have the dollars needed for the infrastructure the city is not obligated to annex the property. Mr. Leek concurred. Mr. Leek also stated that the petitioners have agreed to offset the costs as a part of their project. Acting Mayor Joos asked if there was anyone present who wished to comment. There was no response. MendenlLehman moved to close the public hearing. Motion carried 4-0. Cncl. Lehman asked that the applicants go through their phasing plan. Bob Erickson, Division Vice President for D.R. Horton, Minnesota Division stated that his colleague, Mike Suel, could respond. Mr. Erickson stated that it would be a five to seven year build out and might be longer, economics will dictate. They are planning a life time change range of homes. They will advance the cost for SPUC needs: a booster station and tower and will get the money back from connection charges. They will work with the school district for an elementary school site. He also stated that they are committed to provide park needs and to protecting the natural environment without any changes to the park dedication. Mr. Suel said that the first phase would be north of 1 ih Ave. and would consist half villas and half coach homes and some single family. The second phase would ruIi south and west to the school district elementary building. Mr. Suel state that there would be approximately 60-80 homes in the first phase and 100-120 homes each year after that working their way south on the property to the SW comer. Mr. Suel did state that they would work with city staff before any phasing project would be put into place. Acting Mayor Joos noted that the Council is not approving any plan tonight, the petition is for annexation of property. Cncl. Menden questioned Mr. Leek as to how much property in the city has either been platted or planned to be platted and/or has been proposed. Mr. Leek stated that the report that was given to the Planning Commission before the first public hearing opened. At that time the city had approximately 959 lots in inventory. Mr. Leek also stated that this number is more inventory than there was a year ago. The city is also experiencing a down turn in housing activity. In summary, Mr. Leek said that there was approximately 726 acres that are in approval or in consideration of approval. Cncl. Menden summarized Mr. Leek's figures and said that the city currently has approximately 2.75 years worth of buildable lots. Mr. Menden said that with those figures in mind he is Official Proceedings of the May 16, 2006 Shakopee City Council 5 opposed to the annexation at this time. Cncl. Menden also said that even though this may be an inconvenience for the school district, he feels that if the city were to annex the property in question there maybe a need for another school. Menden/Clay moved that the annexation of340 acres in Jackson Township south of Highway 169 and west of Marystown Road, not proceed at this time but that it be brought back to the table when the city's housing stock dictates. Discussion followed. Acting Mayor Joos said that Shakopee is always at the top of the housing development per studies that have been conducted. Acting Mayor Joos also feels that allowing development may be a little premature but also doesn't want to see the City lose on what the developer has to offer as far as paying for infrastructure. Cncl.Lehman stated that we are going faster than capable. Growth is not bad when managed. He expressed concern of putting the city in a position of going to fast. Mr. Leek stated that the building level is better than in the past due to some projects not coming in as anticipated. The building permit activity is down to a manageable level as talked about. Mr. Loney stated that it is never a good time to take on a large project. It will take one year to analyze as there are a lot of issues that have not been resolved. He said that he could not take on the construction of this project, he is very busy. Maybe this winter he could have time to take it on. Mr. Leek noted that the developer is looking at beginning next spring. They need rezoning, a PUD, extension of MUS A, etc. in less than a year. This is not a large amount of time. Cncl. Lehman asked if there was a time frame that the city would have to act on the petitions. City Attorney Thomson said that he doesn't think that there is a time limitation. Mr. Keane said that the statutory processing time requirements are not applicable to annexations. Mr. Keane pointed out that they have been working with staff for over a year. He also feels that they wouldn't be working on the site until a year from now. Part of the dilemma is that they are proposing a master plan community. He said that they have prepared an environmental assessment worksheet. He said that the city couldn't act on it unless the property is annexed. Mr. Keane also said they are not asking for any approvals but that the city would be moving their city boundaries. Mr. Keane requested that if they don't have the support of the Council this evening that the matter be tabled until there was a full council available to let the mayor weigh in his thoughts. Cncl. Clay said that last fall the council decided to focus on the east side of the city and then worry about the west side later. Cncl. Clay doesn't understand how decision tonight would affect the EA W. Mr. Leek said unless the property is within the city's jurisdiction it wouldn't be able to reach a fmding that the EA W is sufficient and that no EIS is required. Cncl. Clay asked if there was a time limit on the EA W. Mr. Leek said that it would be approximately three to five years before it would have to be reviewed again under state regulations. Cnc1. Clay said that he would like to wait for the sanitary sewer and comprehensive plan to be completed and the up Official Proceedings of the May 16, 2006 Shakopee City Council 6 coming budget preparation is expected to be tough and doesn't feel it would be the best time to deal with the increased workload. CncLMenden stated that an annexation to plan a master plan, per the Planning Commission, he agrees with. Having one developer offers a benefit. Now is notthe right time for it. Mayor Joos expressed support for the annexation, but not development. It takes years to come to fruition. CncLLehman feels the motion should be tabled to allow Mayor Schmitt to comment. LehmanlMenden moved to table the petition of Ryan Contracting/DR Horton for the annexation of340 acres south of Highway 169 and west of Marystown Road. Motioned carried 4-0. Mr. Leek spoke of a request that the City Clerk had from Attorney Wetherille to appear before the city council regarding the common recreation area associated with Brittany Village 5th addition. There was a meeting that took place on site earlier in the day with Planner Mark Noble, Parks and Recreation Director, Mark Themig, and Gary Wollschlager of Tollefson Development. Mr. Leek said that there is a general agreement about additional clearing and seeding and other activities that would take place. Kevin Wetherille of Jasper's Moriarty & Walburg, who is representing the Brittany Village 5th Addition Homeowner's association, said that the construction of the area was not done in accordance with the developers agreement and the requirements of the city. The main concern is the green space or open areas of the development. Mr. Wetherille said that there is a tentative agreement that Tollefson will facilitate the clearing of the area and reseeding the area. Mr. Wetherille also said that there are a couple areas that are not resolved. At the time of development the common recreation area (CRA) was bulldozed and graded but there was not an appropriate amount of topsoil put down by the developer. At the time of construction the ordinance called for four inches of topsoil throughout the entire development. Mr. Wetherille said the two sides have not come to an agreement with the issue of replacing the top-soil and replacing the woodchips around the basketball court with seed or sod. Mr. Wetherille stated that the issue at hand is that the Association is aware it needs to maintain the area and the city does not have responsibility of the area after construction is completed. The issue is that the association feels the construction was never completed. Mr. Themig said that there are areas that have top soil but the areas around the CRA there is no topsoil. Mr. Themig said he met with Mr. Wollschlager but did not discuss in detail the topsoil issue. Acting Mayor Joos asked how did this area get to this point with regulations and requirements that are in place. Mr. Themig stated that the resolutions of approval required an asphalt trail and the construction plans showed a woodchip trail. Also, the project is private and not a part of the city and so the city's involvement with the resolution was limited. Official Proceedings of the May 16, 2006 Shakopee City Council 7 Cncl. Clay asked the question that if the project was a private project why is the city dealing with the issues now. Mr. Themig said that the Association has attempted to deal with the problem through the developer and made no progress. The association felt that at the city level there were reviews through the Park Board and the Planning Commission and the association is now looking for some help to resolve the situation. Mr. Leek believes that the staff needs to talk about the topsoil issue. The topsoil requirement of four inches and is now six inches was specific to single family residential applications. The lot and project area is not a single-family residential application. There would not have been anything in the developer's agreement that would have stated topsoil applications. What is left there is an accommodation to improve the soils for reseeding and improvement of growth. Gary Wollschlager of Tollefson Development said the project has been in place for three years and at the time of completion there was four inches of topsoil put in place. Mr. Wollschlager feels the Association has not properly maintained the area in the past three years. Mr. Wollschlager stated that he will resolve the problem but stressed that the association needs to manage the area better or the same thing will happen over the next few years. Lehman/Clay moved to.direct staff to continue working on solving the problem relating to the common recreation area within Brittany Village 5th addition. Motion carried 4-0. Mr. Themig stated that if the issue is not resolved within 30 days the city would take action in drawing down on the security of $30,000. Lehman/Joos moved for a five-minute recess at 8:20 p.m. Motion carried 4-0. Acting Mayor Joos re-convened the meeting at 8:28 p.m. Acting Mayor Joos asked for Liaison Reports. Cncl. Clay - nothing to report. Cncl. Menden - nothing to report. Cncl. Lehman said that six or seven parcels were represented by their respectful owners at the Board of Review. Acting Mayor Joos attended the Utility Commission meeting and reviewed their audit. Joos/Lehman moved to recess for an Economic Development Authority Meeting at 8:35 p.m. Motion carried 4-0. Acting Mayor Joos re-convened the meeting at 8:39 p.m. Official Proceedings of the May 16, 2006 Shakopee City Council 8 R. Michael Leek presented the council with alternatives for an amendment to the City Code Chapter 11, Creating a Mixed Use Zone. He noted that this was continued from the May 2nd meeting to get comments from the Planning Commission on rezoning and that a transcript of the Planning Commission meeting was provided to the Council. He identified alternatives for discussion and for direction to staff for the preparation of the amendment to the City Code to create a Mixed Use Zone. 1. Create a mixed use zone by deleting multiple family (R-3) zone uses that would result in a higher density than would be currently allowed in the area. 2 Create a mixed use zone by making residential uses that have a density of 8-12 DU/ A conditional uses. 3. Create a mixed use zone by specifically identifying those neighborhood commercial (N-C) zone uses that should not be permitted by conditional use permit. 4. Create a mixed use zone by specifically identifying those neighborhood Commercial (N-C) zone uses that should be permitted by conditional use permit. 5. Create a mixed use zone by specifically identifying a "change of use/change of occupancy" process that would be required if the use of a property were to change from residential to commercial and or multiple family uses. Following discussion, Council members identified their options. Councilor Lehman stated that he disagrees with option 1, with option 2 it leaves options open, and agrees with options 3,4, and 5. Councilor Menden stated that he liked option 2 and 5 and that options 3 and 4 do not add additional steps to have to take. Councilor Clay stated that he liked options 2, 4, and 5. Acting Mayor Joos stated that he is in favor of options 2 and 5, but that he is not totally in favor of a mixed use zone. He stated that he prefers more defined zones. Acting Mayor Joos asked Mr. Leek ifhe had enough direction to proceed. Mr. Leek stated that he did. R. Michael Leek presented a request from Associated Capitol Corporation to re-guide property from rural residential to single family residential, to rezone property from agricultural preservation to urban residential, and to extend MUSA. The property is located south of County Road 78 and west of CSAH 17. The Planning Commission recommendation is to recommend the re-guiding and the extension of MUS A and also to re-zone the property to R-1A versus R- IB. Acting MayorJoos asked the applicantiftheywanted to add to the discussion. Curt Kalio, Project Engineer representing Associated Capital Corporation, offered to answer any questions council might have. No questions were asked. Official Proceedings of the May 16, 2006 Shakopee City Council 9 Clay/Joos offered Resolution No. 6422, a Resolution of the City of Shakopee Approving a Request to Amend the Comprehensive Plan to Re-Guide Property from Rural Residential to Low Density Residential, and to Extend MUSA to said Property, which is Located west of CSAH 17/Marschall Road and South of CSAH 78, and move its adoption. Discussion followed. City Attorney Thomson reminded the council that the resolution is an amendment of the Comprehensive Plan and there needs to be four votes to pass. Menden/Joos moved to table Resolution No. 6422. Motion passed 4-0. R. Michael Leek presented a request of College City Homes to be allowed to submit building permit requests for four model homes prior to the recording of final plat. Mr. Leek stated that the city could only issue one permit under the legal description prior to recording the plat. Discussion followed. Acting Mayor J oos asked the applicant if he would like to add any comment. Randy Peterson of College City Homes is asking the city to accept and review building permit applications. Mr. Peterson stated that the review process would take a few weeks at which time the final plat would be in place. LehmanlMenden moved to deny the request of College City Homes to submit building applications for four model homes prior to recording the final plat of Glacier Estates. Motion carried 4-0. Public Works Director, Bruce Loney, presented Council with Resolution No. 6425 approving plans and specifications for 17th Ave. from Southern Meadows to CSAH 83, Project No. 2006-1 and asked approve pre-ordering the mask arm, pedestal poles and signal heads for completion of the traffic control signal. Discussion followed. Menden/Clay offered Resolution No. 6425, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 17th Avenue, from Southern Meadows to CSAH 83, Project No. 2006-1 and moved its adoption, and authorized staffto pre-order the mask arm, pedestal poles and signal heads for the completion of the traffic control signal at a cost not to exceed $8,468.00 plus 10% contingency. Motion carried 4-0. Public Works Director, Bruce Loney, addressed the Council on the PikeLake Road Design, from CSAH 16 to Southbridge Parkway. Mr. Loney stated that there would be a reduction of a 30- foot wide median to a 5-foot wide median from Southbridge Parkway to the connection of CSAH 21. There would also be an extension of special street lighting district of Southbridge Parkway to future CSAH 21. The design also includes right turn lanes and left turn lanes at CSAH 21 for future signal lights at Pike Lake Road and CSAH 21. There would also be left turn lanes at the future Fire Station as well as Crossings Boulevard and a right turn lane at Crossing Boulevard from Pike Lake Road. The plan would also include a left turn lane at Oak Ridge A venue and Oak Ridge Court, as well as a left turn lane at CSAH 16 and Pike Lake Road. Official Proceedings ofthe May 16, 2006 Shakopee City Council 10 The county has received federal funds for CSAH 21 for construction in 2009. Discussion followed. Lehman/Clay moved to approve the design of Pike Lake Road, from CSAH 16 to Southbridge Parkway, as presented. Motioned carried 4-0. LehmanlMenden moved to adjourn to Monday, May 22, 2006, at 6:30 p.m. at the Jail Annex in Jordan. Motion carried 4-0. Meeting adjourned at 9:55 p.m. , uJJ;l-J . 0L ~th S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,M~ESOTA MAY 22, 2006 LOCATION: SCOTT COUNTY JAIL ANNEX (L YNNVILLE) The meeting was called to order at 6:44 P.M. by Mayor John Schmitt. Council present: Mayor John Schmitt, Steve Menden, Matt Lehman. Joos arrived 7:10 P.M. Absent: Councilor Steve Clay. Staff present: City Administrator Mark McNeill, Fire Chief Ed Schwaesdall, Police Chief Dan Hughes, Police Captain Jeff Tate, Police Sergeant Craig Robson. The Shakopee Council met as a group with other City Councils from Scott County, and the Scott County Board of Commissioners. The purpose of the meeting was to.hear a presentation about the Scott Joint Public Safety Training Facility. The meeting included a presentation on need, funding, and a tour of the facility. No action was taken. Motion Joos, second Menden to adjourn the meeting to Tuesday, May 30,2006 at 7:00 P.M. Meeting Adjourned 8:45 P.M. ~hJ~ ~ili s. Cox . ity Clerk . Minutes taken by Mark McNeill, City Administrator OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADI. REGULAR SESSION SHAKOPEE,NITNNESOTA MAY 30, 2006 Mayor John I. Schmitt called the meeting to order at 7 p.m. with members Steve Clay, Terry Joos, and Matt Lehman present. Steve Menden was absent. MarkMcNeill, City Administrator; Judith S Cox, City Clerk; R. Michael Leek, Community Development Director; Kris Wilson, Assistant to the City Administrator; Bruce Loney, City EngineerlPublic Works Director; Gregg Voxland, Finance Director; Dan Hughes, Chief of Police; Captain Jeff Tate; and Sergeant Craig Robson. Sergeant Craig Robson presented the Council with the City of Shakopee Emergency Preparedness. The State of Minnesota requires that every City have an emergency plan. Sgt. Robson stated that natural disasters, school crisis, and terrorism are some of the emergencies that the City needs to plan for. Currently bird flu is an issue that everyone is planning for in case it turns into a pandemic. Sgt. Robson stated that it is very important that elected officials keep the public informed and exercise leadership in the event of an emergency. When the public is informed and aware, the public can take action to assist in mitigating the threat. Residents should have three days of supplies in case of an emergency. The public should be educated before an emergency so that if an emergency occurs, the public knows what to do. Sgt. Robson stated that the goal is to have the emergency operations handbook finalized by August and begin training in December. Cncl. Lehman asked if the communication issues that were raised during the table top discussion were resolved. :Mr. Robson stated he believed it has gotten better. The department is more prepared to contact staff in the case of an emergency. The 800 megahertz communication system within the County is also another step in the right direction. Cncl. Lehman reiterated the importance of the first responders contacting City and County officials in case of an emergency. Cncl. Lehman suggested that a miniature table top discussion occur within the two Community Emergency Response Teams (CERT). Cncl. Joos asked how services would be prioritized with other local areas in the event of an emergency. The City provides fire services for the township, how is help for the township prioritized? Chief Hughes stated that it is prioritized by life and limb first. Chief Hughes stated that there will be a need for more volunteers on the teams. When that need arises there will be notification in the paper. Lehman/Joos moved for a 5 minute recess at 8:32p.m. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 8:48 p.m. Mr. Leek updated the Council on the negotiations for two park and ride sites, one at County Road 18 and the second on County Road 16. and future County Road 21. Since Official Proceedings of the May 30, 2006 Shakopee City Council Page -2- 2002 the County has worked on a unified transit plan. The plan included the establishment of express service for Shakopee and Prior Lake and a park and ride to service the express service riders. The County submitted applications for federal funding for the two sites and was successful in getting funding for both sites. The CoUnty Road 18 proposal includes moving the pond edge to accommodate a bus way, 500 parking spaces, a potential theater, and additional overflow parking spaces. The County has stated that they would allow a right-in access, but has concerns about a right-out onto County Road 18. Mayor Schmitt stated that the proposal does not appear to be highly visible because it is so far off of County Road 18. Mr. Leek stated that this question was posed and it was determined that it is still a highly viable site. Mr. Leek stated that any future plans between County Road 18 and the site w~:>uld need to allow for visibility of the site. If commercial development would occur, a parking ramp structure would provide some vertical visibility relief. Cncl. Lehman asked about the traffic pattern for those residents who will be using the park and ride. Mr. Leek stated that they will need to use Crossings Boulevard in the current plan. A right-in access off of County Road 18 would be a possible alternative. Cncl. Joos asked if a right-out would be beneficial for buses and residents. Mr. Leek stated that this was the initial request, however the County is concerned with the distances to the ramps. Mr. Leek stated that the County is not comfortable with these movements. Mr. Leek presented the Council with site plans for the park and ride at County Road 16 and future County Road 21. It would be completed with the construction ofHwy 21. In the proposal there is a combination of residential, commercial, and the park and ride site. " ...... Mr. Leek posed three questions to the Council. What does the Council feel about the reservation of a portion of the site on CR 16 for private development of a smaller scale? What does the Council feel about the inclusion of a 3-acre housing site that would be developed by the Scott County HRA? Should the Council support the submittal of an application for Livable Communities Demonstration Account (LCDA) funds for the CR 16/future CR 21 site? Cnc!. Joos stated that he did support the submittal of an application for Livable Communities Demonstration Account funds. Cncl. Joos asked if it was viable to develop the site in such a way that those residents living there would be able to live and commute without a car. Retail would be located nearby and residents could access transit without having to purchase a car. Mr. Leek stated that he believed this was the intent of the HRA. Official Proceedings of the May 30, 2006 Shakopee City Council Page -3- Cncl. Lehman stated that he believed that there were several types of businesses. that would do well at this site including a convenient store/gas station, auto repair, child care) coffee shop) etc. Cncl. Lehman asked what a Livable Communities Demonstration Account is. Mr. Leek stated that it is a $6.9 million pot of money to provide funding for projects that incorporate mixed use, good planning, and transportation oriented projects throughout the Twin Cities area. Cncl. Clay stated that the business community will determine what is viable development at that site. The Council does not need to get so involved in what businesses should go there. Mayor Schmitt stated that ifthe market has become saturated or the site does not work for commercial development, what will happen with the land? Cnd. J oos stated that he is more concerned with getting in businesses that would accommodate those houses just as much as the vehicles using the park and ride. Mr. Leek stated that this park and ride site would connect with the County Road 18 site which has more major commercial businesses for home owners to access. These home owners will. have transit connectedness to other areas. Mayor Schmitt stated that he liked the option where the site was more visible from County Road 21, and the commercial developed farther off the road. Bill Jaffa) Scott County HRA, stated that the majority of the housing will be first time homeowners/workforce housing) not low income housing. The houses will look similar to other design standards that the City has, but on a smaller scale. It would be similar to the one in Chaska which was very successful. A $78,000 income for a family of 4 is considered livable. The houses would sell in the low $200)000 range. Matthew Weiland) Tollefson Development, stated that all entities need to make good development and planning decisions. Mr. Weiland stated that the proposed site at CR 16/CR 21 is very viable. The development will include different uses and would like to provide residents with commercial opportunities to make the area a walkable community. Mr. Weiland stated thathe would like re-zoning to be considered. He would like to see neighborhood businesses) not big box commercial. Mr. Leek stated that the zoning would need to be addressed and determined as the development goes along. Official Proceedings of the May 30, 2006 Shakopee City Council Page -4- Mr. Leek stated that there seemed to be consensus from the Council to proceed with these uses on one site at CR 16/CR 21 including single family attached housing, commercial) and a park and ride site. Mr. McNeill addressed the Council with a proposal to restructure human resources functions and related impacts on jobs in the Administration and Community Development Departments. Mr. McNeill proposed upgrading the Assistant to the City Administrator position to an Assistant City Administrator position. A Human Resource Technician position would be created and would report to the Assistant City Administrator. The Telecommunications Coordinator would report to the Assistant City Administrator. A one-halftime Communications Coordinator would be hired to administer the web site and communications and would report to the Assistant City Administrator. The I.T. Coordinator and I.T. Specialist would be moved from Community Development and would report to the Assistant City Administrator. Mr. McNeill stated that there is $140)900 available in the 2006 General Fund. The proposed restructuring would cost $130,550. This amount could also fund an upgrade in the Public Works Office Support position) which should be the subject ofa future discussion. He also asked that the title of Payro II /Benefits Coordinator be changed to HR Coordinator for the remainder of the year. Mr. McNeill asked the Council for direction on how to fill the Economic Development aspect ofthe Assistant to the City Administrator position that would be lost with the position upgrade to Assistant City Administrator. The Economic Developement position had been full-time prior to the hiring of the current Assistant to the City Administrator. Currently the positionis half-time. Should the position be full-time or part-time? What tools should the City make available for economic incentives? There is currently a request to utilize tax abatement for an existing building. It is legal to do this) but is the City interested in doing this? Cncl. Joos asked Mr. Leek ifit.made sense for the Economic Development position to be moved to the Community Development Department. Mr. Leek stated that it does make more sense. The workload depends on what the City Council would like the position to do. Cncl. J008 stated that he is in favor of a full-time person. Cncl. Lehman stated that he is not in favor of a full-time position. Cncl. Lehman stated that a CD needs to be developed which states what sites are available and where they are available. The area needs to be located first before any other direction can be given. Mayor Schmitt stated that a full-time person would be needed to develop those marketing tools. He would like to see the loan.fund built up to $1 million. Official Proceedings of the May 30, 2006 Shakopee City Council Page -5- ",j Cncl. Clay asked ifthe Economic Development position could include Transit work. Currently there is no one working in Transit except for Mr. Leek. Cncl. Clay stated he felt these two positions were related. Cncl. Lehman stated that the City does not need to be really aggressive in landing more business. Cncl. Joos stated that he would like more businesses and therefore more jobs in the City. The City has a great industrial park that should be filled. Mr. Leek stated that there needs to be more description as to what the Council would like to see from this position before the job description is finalized. Cnd. Lehman stated that the funding is not available in the budget. Mr. McNeill stated that the funding for the EDA salary could be taken from the EDA reserves. Cnc1. Lehman stated that if the money was taken from the reserves, taxes would need to be raised to bring the reserves back up to the same level. Mr. McNeill stated that it would depend on if the EDA wanted to bring the fund back to the current level or left at the lower level. Mr. McNeill summarized that the consensus of the Council is that they are comfortable with the continuation of some EDA functions and that a new job description is needed, they are comfortable with the proposed Assistant City Administrator position and the reports as mentioned) that they are comfortable with changing the title of the Payroll Benefits Coordinator to HR Coordinator. Job descriptions and the title change will be brought back to the Council at the June 6th meeting. The Municipal Park Land Acquisition was deferred until June 6th. Joos/Clay moved to set a special meeting for 7:00 p.m., Wednesday, June 7, 2006. Motion carried 4-0. Joos/Lehman moved to adjourn the meeting. Motion carried 4-0. The meeting was adjourned at 10:46 p.m. ~dJJ* ~th s. Cox ity Clerk Jessica Adamietz Recording Secretary