Loading...
HomeMy WebLinkAbout7. Approval of Minutes: November 05, and 18, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKO PEE, MINNESOTA NOVEMBER 5, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Link, Joos, Lehman and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Paula Callies, Acting City Attorney and Tracy Schaefer, Assistant to the City Administrator. Also Present: Mayor-elect John Schmitt and Council member-elect Steve Menden (at 7:30 p.m.). The pledge of allegiance was recited. LinklHelkamp moved to approve the Agenda as written. Motion carried 5-0. Mayor Mars noted that he attended the Great Scott Conference that was put on by the Chamber of Commerce and Scott County. There was much good information received at this conference. Mayor Mars noted he attended the grand opening ofthe new production line for CertainTeed Corporation. Mayor Mars reminded everyone of the grand openings for the library and the police building, Saturday, November 15,2003. Mr. McNeill, City Administrator, noted that retiring fire-fighter, Ed Siedow, was unable to attend tonight's meeting; he did recommend that Resolution No. 5959 be passed in the absence of Mr. Siedow and Resolution No. 5959 would be sent to him. LehmanlHelkamp offered Resolution No. 5959, A Resolution Of Appreciation to Ed Siedow, and moved its adoption. Motion carried 5-0. Lehman/Helkamp moved to approve the Consent Agenda as written. Motion carried 5-0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Lehman/Helkamp moved to approve the meeting minutes for September 2,3, 16 and 30,2003. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to approve the bills in the amount of $531,644.29 plus $74,850.60 for refunds, returns and pass through for a total of $606,494.89. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Mayor Mars opened the public hearing on the proposed assessments for delinquent garbage bills. Ms. Schaefer, Assistant to the City Administrator, reported on proposed assessments for delinquent garbage bills that would be payable in 2004 with the property taxes for unpaid refuse Official Proceedings of the November 5, 2003 Shakopee City Council Page -2- and recycling bills for services provided by Dick'sILakeville Sanitation, Inc. Ms. Schaefer noted that Dick's Sanitation had made numerous payment arrangements or waived payments for elderly residents or residents that had incurred a recent hardship such as loss of employment. Ms. Schaefer stated that Dick's Sanitation has provided the City with a list of the delinquent accounts. There were about 108 delinquent accounts for approximately $24,720.51. Ms. Schaefer noted that Ordinance No. 583 was passed October 17, 2000 that obligated the property owner to pay the charges and costs for the collection and disposal of refuse and recyclable materials. This action eliminated the need to stop service to the accounts, which could lead to a higher incidence of illegal dumping. It was noted that residents had received numerous letters throughout the year and many of the delinquent accounts were repeat offenders from 2002. Ms. Schaeffer noted that residents would have until December 22, 2003 to get their account paid in full or under $100.00 before the charges went on the property tax rolls. Any resident who negotiated in good faith was not assessed a fee. Ms. Schaeffer noted there was a letter from Jeffrey G. Kron (property owner) objecting to the assessment in writing. The delinquent refuse and recycling bills were created by tenants of Mr. Kron's. Ms. Schaeffer noted that she had been unable to reach a satisfactory resolution with Mr. Kron over the past several months. Mayor Mars called for audience participation; There was no response. LehmanlLink moved to close the public hearing. Motion carried 5-0. JooslLehman offered Resolution No. 5967, A Resolution Adopting Assessments For Delinquent Garbage Bills, and moved its adoption. Motion carried 4-1 with Cncl. Link dissenting. Cncl. Lehman noted he attended the Park and Recreation Advisory Board and that was an extremely long meeting. Several issues were addressed with the park plan submitted by Ryan Companies being one of the issues that was discussed for a long time. Mr. Lehman noted he attended the open house at City Hall for the Comprehensive Plan update and he was of the opinion that the language now contained in the revised Comprehensive Plan update pertaining to the Riverfront/151 A venue District was acceptable to the residents. He noted that he too attended the open house for the CertainTeed Corporation. encl. Joos noted he attended a School Board meeting in which it was noted that a school referendum might be held in the Spring. The School District noted that until this school referendum passed there may be some need for temporary classrooms and the City may have to help out in this endeavor by allowing this type structure temporarily. Cncl. Joos noted the School District was shooting for the fall of 2006 to open a new school. Cncl. Link noted he attended the Shakopee Public Utilities (SPUC) meeting and the two new Commissioners where quite active at the meeting. He noted SPUC was now doing a rate study Official Proceedings of the November 5, 2003 Shakopee City Council Page -3- for the sale of water to the City of Savage. The City of Savage was going to need 1 to 3 million gallons of water daily. This would most likely necessitate the need for three new wells. SPUC was trying to determine how these new wells would be funded. It was thought, there would be some type of a water rate policy for the City of Savage. Cncl. Link noted at the SPUC meeting, that SPUC appointed two Board members to represent SPUC in the negotiations with the City concerning the existing SPUC building, Commissioners Lynch and Engler. Mayor Mars recessed the meeting for the purpose of conducting the Economic Development Authority meeting at 7:21 p.m. Mayor Mars re-convened the City Council meeting at 7:24 p.m. LehmanlHelkamp offered Ordinance No. 686, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located North Of Valley View Road, East Of Mathias Road And South Of Wilhelm Court From Agricultural Preservation (AG) Zone To Urban Residential (R- IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, reported on Ryan Companies request to rezone 42 acres of the Valley Green Corporate Center site. Mr. Leek showed via the document camera the land use exhibit showing the re-guiding from Business Park to Residential PUD that Council passed in August of2003. Mr. Leek stated the re-guiding was pending at the Metropolitan Council; it was anticipated that the re-guiding would be approved. Mr. Leek noted it was the same area that was re-guided that Ryan Companies was requesting the rezoning to Medium Density Residential (R-2). This density allowed five to eight units per acre. Mr. Leek noted that staff did recommend approval to the Planning Commission noting that there were applications pending for a planned unit development overlay for the site, as well as, a preliminary plat and a conditional use permit in the Shoreland Overlay Zone, but the Planning Commission saw otherwise; the Planning Commission's vote for the approval of this rezoning failed 3-3. Therefore, this was coming to the City Council without a recommendation from the Planning Commission. Mr. Leek was looking for direction as to which resolution the Council wanted brought back to their next meeting for action. Did they want a resolution of approval for rezoning of this property or a resolution denying that request? Mr. Leek stated that when a resolution came back before the City Council it would have the correct legal description of the land involved in the re-guiding and rezoning. Mr. Leek did note that on the site plan, the developer had depicted 27 single-family lots and the balance of the proposed site plan had a mix of about 74 narrow-lot single-family homes and the balance were townhomes. The single-family lots were shown on the site plan to be along the Shoreland buffer zone of Dean Lake. Mr. Leek stated even though this land might be rezoned to Medium Density Residential, the developer would not be allowed to put anything but single-family homes along the Shoreland buffer zone because of conditions that would be contained in the Planned Unit Official Proceedings of the November 5, 2003 Shakopee City Council Page -4- Development application and preliminary plat application that was yet to come before the Council. If the developer wanted do something different he would have to come back before the City Council. Cnc1. Helkamp wanted to know if there was a recommendation from the Environmental Advisory Committee (EAC). Mr. Leek noted the EAC reviewed this property on the basis of whether or not this development should move forward. Mr. Leek did note that the EAC was concerned about an implementation plan being spelled out and that there be accountability for replanting the trees that were removed. Cncl. Lehman noted that the Park and Recreation Advisory Board also looked at this site plan for the recreational uses not the underlying land use. Cncl. Link wanted to see this issue tabled because it had been before the Planning Commission twice and failed; he wanted the new Council to deal with the rezoning, because they would have to deal with the proposed development for years to come. Cnc1. Joos noted that the Planning Commission was letting this issue come before the Council with no recommendation. Their vote was not negative and it was not positive. Cnc1. Joos stated that he thought the Planning Commission needed some help from the City Council on this issue. Mr. Leek gave some history to the site. He noted that the action tonight to approve the rezoning would allow the zoning to conform to the re-guiding that the City Council approved in August of 2003. Mr. Leek noted why the Commissioners voted nay on the Planning Commission for the rezoning. Cnc1. Linkjust did not understand why the Council would want to down zone this property. Joos/Lehman moved to direct staffto prepare a resolution approving the requested rezoning of Ryan Companies US from BP to R2 for property located south of Highway 169 east ofCR83, north ofCRl6 and west of Dean Lake for action at the Council's meeting of November 18, 2003. Cnc1. Link noted the Planning Commission had voted against this rezoning. Mayor Mars noted the Planning Commission voted 6-0 in favor of the Comprehensive Plan amendment to set the scene for this action and when it came time to vote on this trigger action the Planning Commission then voted 3-3. According to Mayor Mars that vote was not a recommendation of approval or a recommendation of denial. Cnc1. Link wondered if approving this rezoning was putting the residents of Shakopee first (downzoning). Mayor Mars thought right now this property was under performing; he thought this rezoning would help rejuvenate this land. Mr. Leek stated the Comprehensive Plan update did not make a specific recommendation for this land use but the text in the Comprehensive Plan update did specifically note the desirability for this site to be business park because of the visibility and the accessibility as well as, future opportunities along Hwy 169 in Jackson Township to be business park/commercial/industrial. Mr. Leek noted the approved preliminary plat showing this area with Business Park lots would remain in effect for now even if this rezoning were approved tonight. Official Proceedings of the November 5, 2003 Shakopee City Council Page -5- Cncl. Lehman noted the Park And Recreation Advisory Board discussed the open space at length and his understanding was that the open space would become a conservation easement that was granted to the City but maintained by the developer with the public having access to the conservation areas. Motion carried 4-1 with Cncl. Link dissenting. Helkamp/Lehman moved to hold a special joint meeting with the Economic Development Authority and the City Council to discuss issues created by Ryan Companies on December 9, 2003 at 6:00 p.m. Motion carried 5-0. Lehman/Helkamp offered Resolution No. 5968, A Resolution Of The City Of Shako pee, Minnesota, Approving Planned Unit Development (PUD) # 23 For A Retail Center On Property Generally Located North Of Highway 169, East Of County Road 83 And South of 12th Avenue (Mohagen/Hanson Architectural Group). (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director/City Engineer, reported on the 2003 Reconstruction ProjecWiking Steel Road, Project No. 2003-3. Mr. Loney noted that Viking Steel Road would need to be renamed, probably to Sarazin Street. He noted that the City's practice had been to put a sidewalk on one side and a trail on the other side of collect or streets. Mr. Loney did state that this part of the project was in an industrial zone. He noted that a benefit appraisal had been done on the Kelley Fuels parcel and agreement on an assessment agreement was getting close. He was dealing with some of the businesses and he stated he would come back to Council at a latter date with some assessment agreements. He did question the need for a sidewalk/trail on this collector street in this industrial area; however there would be a need for a trail and sidewalk along other portions of project 2003-3. Mr. Loney noted that if the sidewalk/trail were found to be unnecessary in certain areas of project 2003-3 the City would see some cost savings. Cncl. Joos would like to see the City's trail system tied to the Three Rivers Park District trail system. Mr. Loney thought it would be possible to run a trail along County Road 101 to provide for this connection. Mr. Loney noted that this would probably be another project; the City was working with the Three Rivers Park District on the overall regional trail planning. Helkamp/Link moved to authorize staff to eliminate the sidewalk along Viking Steel Road, from Fourth Avenue to County Road 101 along the Kelley Fuels parcel. Motion carried 5-0. Lehman/Helkamp moved to authorize staff to purchase one new Bobcat S-300 Skid Steer Loader with attachments and one new Felling FT-3 Trailer for the price of $37,338.97. The purchase to be expended from the Capital Equipment Fund. (Motion carried under the Consent Agenda). Mr. Loney reported on three traffic studies done for certain intersections in the City of Shakopee. Mr. Loney noted there were a few more intersections that needed to be talked about. Mr. Loney Official Proceedings of the November 5, 2003 Shakopee City Council Page -6- noted Shenandoah Drive and Eastway A venue was petitioned by the residents to be looked at, Thrush Street and Cardinal Drive was an intersection that the City wanted to look at as well as, some residents petitioned that this intersection be looked at and Brittany Drive and Downing A venue was an intersection that needed to be reviewed. Mr. Loney noted Shenandoah Drive and Eastway Avenue was bought to the City's attention by the residents. Mr. Loney oriented the site via the document camera. Mr. Loney noted there were stop signs currently on Eastway A venue on both legs and the traffic was pretty well dispersed on three legs. Mr. Loney stated the request from the residents was to put a stop sign on Shenandoah Drive because of the speed going around the comer. This would be an attempt to control the speed. Mr. Loney noted that the warrants for a three-way stop sign intersection were not met according to the City's Signing Policy. Mr. Loney did note that Shenandoah Drive would be extended to 12th Avenue at some date and then the street would really become well used and it would be difficult to pull a stop sign if one was put up on Shenandoah Drive at this time. Mr. Loney stated that if Council did want to put a third stop sign at Shenandoah Drive that it be stated that this stop sign would be only temporary. Cncl. Helkamp noted he was in agreement with City staff. Mayor Mars noted that this intersection did not meet warrants and Council would again look at this intersection at a later date. Mr. Loney noted that the intersection of Downing Avenue and Brittany Drive had been studied. This intersection did not meet the warrants at this time according to the City's Signing Policy for a two-way stop sign. Mr. Loney showed the area via the document camera. He noted that the accidents were not there and the school pedestrian volume was not there. Cncl. Lehman and Cncl. Joos noted that this intersection did not meet the warrants and encl. Helkamp agreed with staff. Mr. Loney noted Thrush Street and Cardinal Drive had been studied. Thrush Street was in the main feeder route category going east and west for the Pheasant Run Development. Cardinal Drive was a north/south route for the Pheasant Run Development that would run to Valley View Road. Mr. Loney noted the traffic counts did not indicate a problem, there had been no accidents at this intersection and therefore, staff was recommending no action be taken on this intersection. Mr. Loney noted if stop signs were recommended by Council, staffs recommendation would be that the stop signs be placed on Cardinal Drive. There was discussion on putting in yield signs at intersections. The yield signs also were not recommended by Mr. Loney. What it boiled down to was, if there were stop signs put in, there needed to be enforcement. To enforce traffic control, Police officers would need to be pulled at the expense of other important enforcement issues. Official Proceedings of the November 5, 2003 Shakopee City Council Page -7- Mr. Loney reported that there had been 10 accidents at Old Carriage Court North and Old Carriage Road. Mr. Loney felt this intersection needed to be studied. There was a stop sign on the east/west legs but the question was if this intersection needed to be signed as a four-way stop. The number of accidents showed there was a problem in this area. Cnc1. Lehman noted he would like to be consistent and have the warrants met so he would like to see a study done in this area. Lehman/Helkamp moved to direct staff not to install stop signs to the intersections of Shenandoah Drive and Eastway A venue, Brittany Drive and Downing A venue and Cardinal Drive and Thrush Street as recommended by staff and to proceed with studying the intersection of Old Carriage Court North and Old Carriage Road. Cncl. Joos noted he would like some way to monitor what intersections had been requested by residents to be studied for traffic control but that did not meet warrants at this time. Motion carried 5-0. Mayor Mars stated he would like to see a four way stop at Fuller and Vierling Drive now because he felt the opening up of Vierling Drive to County Road 15 would change the traffic counts and patterns. Also he felt the speed on Fuller A venue was a problem also. Cnc1. Lehman noted he would like the warrants met. Cnc1. Helkamp stated that he thought this intersection would meet the warrants quickly; he wanted to stick with the City's Signing Policy but a study could be done for this intersection to see if it did meet warrants as soon as Vierling Drive was opened up onto County Road 15. Staffwas directed to study this area as soon as Vierling Drive opened up on to County Road 15. Lehman/Helkamp offered Resolution No. 5972, A Resolution Approving A Wetland Replacement Plan For Mystic Lake Golf Course, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to authorize staff to install a right turn only sign, with necessary striping modifications on westbound Vierling Drive towards CSAH 17, and for this improvement to be paid out of the General Fund Budget in the Street Division of the Public Works Department. (Motion carried under the Consent Agenda). Joos/Helkamp moved to direct staff to purchase a used Portable Generator from Ziegler Power Systems for the purchase price of$6,989.00 with the funding to come from the Sanitary Sewer Fund. Motion carried 5-0. Official Proceedings of the November 5,2003 Shakopee City Council Page -8- LehmanlHelkamp moved to authorize the appropriate City officials to buy back the unused police holiday hours as outlined in the memo dated October 24, 2003 from Mark McNeill, City Administrator. (CC Document No. 337) (Motion carried under the Consent Agenda). LehmanlHelkamp moved to accept Alfred Galvan's resignation from the Shakopee Fire Department with regrets. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to authorize the hiring of Jamie Theis as Public Works maintenance operator position and to be hired at Step 1, $16.132 per hour, of the 2003 Public Works Union Pay Schedule, effective November 24, 2003 and subject to a successful pre-employment physical and background check. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the appointment of Lyle Bosek to the position of Building Inspector at Step B, Grade 7, subject to satisfactory completion of the pre-employment physical, background check. (Motion carried under the Consent Agenda). Ms. Cox, City Clerk, reported on the election results of the November 4,2003 City election. She reported that Resolution 5969 depicted the results for the election for each of the candidates in each of the ten precincts within the community. Lehman/Joos offered Resolution No. 5969, A Resolution Canvassing Returns For The Regular Municipal Election And The Special Election, and moved its adoption. Motion carried 5-0. LehmanlHelkamp offered Resolution No. 5970, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Reroofing Of The Downtown Fire Station In Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to call a special workshop meeting to consider the FY 04 Budget, to be held beginning 6:00 p.m., Wednesday, November 19,2003. (Motion carried under the Consent Agenda). Joos/Lehman moved to adjourn to Tuesday, November 18,2003, at 7:00 p.m. at City Hall in the Council Chambers. Motion carried unanimously. The meeting adjourned at 8:23 p.m. ~:~0f- City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Link, Joos, Lehman and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thompson, City Attorney and Mark Themig, Facilities and Recreation Director. Also Present: Mayor-elect John Schmitt and Council member-elect Steve Menden. The pledge of allegiance was recited. The following item was added to the Agenda. 15.F.5 Premises Permit Renewal- Eagles Aerie 4120. Lehman/Link moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars noted that the Hergott family had an opportunity to send donations over to Iraq to support the troops for the holidays. The deadline for the donations was December 1,2003. The Hergott family suggested that the donations be in cash. Mayor Mars noted where the donations could be sent. Mayor Mars also noted that Saturday, November 15,2003, he had the opportunity to open the new Police Department and the new Library in the City of Shakopee. The grand openings for the two new buildings were very well attended. The following item was added to the Consent Agenda. 15.F. 5 Premises Permit Renewal- Eagles Aerie 4120. The following item was removed from the Consent Agenda. 15.C.l Community Center Carpet Replacement. Joos/Helkamp moved to approve the Consent Agenda as modified. Motion carried 5-0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Joos/Helkamp moved to approve the meeting minutes for Oc~ober 7,2003. (Motion carried under the Consent Agenda). Joos/Helkamp moved to approve the bills in the amount of $869,648.60 plus $201,081.36 for refunds, returns and pass through for a total of $1,070,729.96. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Official Proceedings of the November 18, 2003 Shakopee City Council Page -2- Mayor Mars opened the public hearing on the Currency Exchange License Renewals for four businesses. Ms. Judith Cox, City Clerk, reported on the Currency Exchange License Renewals for Checks Cashed of America, LLC dba Money Exchange, 1108 Vierling Drive East; Madison Financial Companies dba Money Xchange, 1147 Canterbury Road; DRM LLC of Shako pee, dba Excel Pawn, 450 West 151 A venue; and GameCash Inc, 1100 Canterbury Road. Ms. Cox stated that these four business have applied for a Currency Exchange License Renewal to the State of Minnesota Department of Commerce. Ms. Cox stated before the Department of Commerce would renew the licenses the local governing body needed to hold a public hearing after giving notice in the local paper. Ms. Cox noted each licensee had provided the State with the required $10,000 Currency Exchange Surety Bond and the Police Department had been contacted regarding the licensee's and the Police Department had no reason to object to the granting of a Currency Exchange License to each applicant. It was noted by Ms. Cox that after public testimony was taken from the audience, staff recommended that Resolution No. 5973, granting the Currency Exchange Licenses for the four businesses be adopted. Mayor Mars called for public testimony. There was no response. Lehman/Link moved to close the public hearing. Motion carried 5-0. Lehman/Link offered Resolution No. 5973, A Resolution Of The City Of Shako pee, Minnesota, Approving The Application Of Checks Cashed Of Amercia, LLC, Madison Financial Companies, DRM LLC Of Shakopee, And GameCash Inc. For A Currency Exchange License, and moved its adoption. Motion carried 5-0. Joos/Helkamp moved to accept the resignation of Steve Menden from the Environmental Advisory Committee, effective November 20,2003. (Motion carried under the Consent Agenda). Cncl. Lehman noted he attended the County meeting on County Road 21. He noted what he thought was an excessive amount of right-of-way that Scott County wanted for a four-lane road. He noted the EIS would be interesting for this project. Cncl. Lehman stated there was concern out there for this project. He stated that he too attended the grand openings for the Police Department building and the Library. Cnc1. Joos also commented on the excellent job done by staff on the two new buildings. He also noted that Vierling Drive had been opened from Marystown Road to Cider Circle. Cnc1. Link noted that he attended a Shakopee Public Utilities Commission (SPUC) meeting. He noted SPUC was concerned about a lapse of a liaison person from the Council when the new Council was convened in January, because the SPUC meeting was before the new Council met. Official Proceedings of the November 18, 2003 Shakopee City Council Page -3- Cncl. Lehman volunteered to go to SPUC's first meeting in January. Cncl. Link noted that SPUC had reached an agreement with the School District on the purchase of some property for the new well/s to be located near Sun Path School; SPUC did have a purchase agreement for their re:vie:w and approval. Mr. McNeill noted that he would follow-up on a meeting for negotiating for the existing SPUC building with Shakopee Public Utilities. So far no word had been heard as to when SPUC would be willing to sit down and talk with the City on a purchase price for the building/land. A recess was taken at 7: 15 p.m. for the purpose of conducting the Economic Development Authority meeting. Mayor Mars re-convened the City Council meeting at 7: 17 p.m. Joos/Helkamp offered Ordinance No. 687, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 11, Zoning Ordinance, Sec. 11.36 Regarding Permitted Residential Uses, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Helkamp offered Ordinance No 688, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter II, Zoning Ordinance, Sec. 11.36 Regarding Seasonal Sales In The Highway Business (B-1) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Helkamp offered Ordinance No. 689, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 11.86, 11.87 and 11.88 Conditional Use Permits, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney reported on the City's Reimbursement Agreement with Ryan Companies US, Inc. for Designing Public Improvements for the Dean Lakes Project. Mr. Loney noted that the developer wished the City to proceed and put in some of the public improvements for the development being proposed. Mr. Loney noted what improvements the developer wanted the City to proceed with. Mr. Loney stated that if the City did proceed with the improvements now, the developer, when he had preliminary plat approval, would petition the City to put in the improvements as part of a 429 financing package that the developer was proposing. If the City were to put in these public improvements now, Mr. Loney recommended a Reimbursement Agreement between the Developer and the City of Shakopee. In this Reimbursement Agreement the developer would reimburse the City for any costs associated with the design of the improvements. Mr. Loney noted the developer wanted this reimbursement agreement so the City would begin designing these improvements so that the developer could meet his time schedule. WSB & Associates, Inc. furnished the City estimated costs for this design work ($168,000 to $180,000 plus City staff time); it was stipulated that no more than $40,000 would be spent from November 18th to Dec. Official Proceedings of the November 18,2003 Shakopee City Council Page -4- 9th. Mr. Loney stated that it was also added to the reimbursement agreement that there were no implied approvals of any kind with this agreement. Mr. Loney noted the developer understood he was at risk here but he wanted to proceed. A letter of credit for $225,000 was being asked for by the City from the developer to ensure payment for any costs associated with the Dean Lake development. It was noted by Mr. Loney that there was some benefit to the City working as the middleman, at this time, for the Dean Lakes Project. Mr. Loney noted that a 429 plan had been used when the public improvements were installed in the Southbridge project. A 429 plan was used and then the developer reimbursed the City quickly. Jim Thomson, City Attorney, noted the developer was not asking for all the public improvements; just for some. The word "all" was stricken from the reimbursement agreement in a certain paragraph. Joos/Lehman moved to authorize the appropriate City officials to execute a reimbursement agreement with Ryan Companies US, Inc. for the preparation of plans and specifications for the Dean Lakes improvements on Dean Lake Boulevard, Dean Lake Trail and Meadow Lane including utility extensions and to reimburse the City for costs associated with this design work. Cncl. Helkamp noted there was a public hearing coming up shortly and he was concerned that the cart was getting in front of the horse if the agreement was approved tonight. Mayor Mars noted that the developer was using the City's consultant and the City was not at risk fmancially here. Cncl. Lehman noted this reimbursement agreement, at this time, was just for the plans not for the bricks and mortar. Motion carried 5-0. JooslHelkamp moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of plans and specifications for the Dean Lakes improvements to Dean Lake Boulevard, Dean Lake Trail and Meadow Lane including utility extensions. Motion carried 5-0. Joos/Helkamp moved to authorize Matt Lehman and Terry Joos to participate with MnlDOT's Office of Freight and Commercial Vehicle Operations to develop a comprehensive safety plan for the City of Shakopee in regard to railroad crossings. (Motion carried under the Consent Agenda). JooslHelkamp moved to authorize the appropriate City officials to execute an agreement regarding payment of special assessments and other related matters between the City of Shakopee and Kelley Fuels for the 2003 Street Reconstruction Project No. 2003-3. (Motion carried under the Consent Agenda). Official Proceedings of the November 18, 2003 Shakopee City Council Page -5- Joos/Helkamp moved to authorize the appropriate City officials to enter into a Law Enforcement Mutual Aid Pact with the City of Eden Prairie and the City of Shakopee with the intent to make equipment, personnel, and other resources available to neighboring law enforcement agencies. (Motion carried under the Consent Agenda). Cncl. Lehman had a concern regarding the carpet replacement in the community center. His concern was regarding the timing of the bids and the timing of the project. encl. Lehman did note the funds for this carpet replacement project were being carried forward from the 2003 budget into the 2004 budget. Cncl. Lehman thought the bids were only good for 30 days and this project was not going to be done for more than 30 days. Cncl. Lehman wanted to seek bids after the 2004 budget was finalized. Mr. McNeill, City Administrator, noted this project really needed to be done. This carpet replacement had been put on hold for three years already. The money was in the operating fund for this project, now. City staff was recommending that this project get done now. Cncl. Helkamp thought carpet tiles would be a great feature in the high traffic areas. Mr. Themig, Facilities and Recreation Director, noted the cost for this new carpeting was estimated to be $70,000. Helkamp/Lehman moved to authorize staff to solicit bids for the replacement of carpet in the Community Center and bring these bids back to the City Council for consideration. Motion carried 5-0. It was noted that just because the City went out for bids that did not mean that the project would get done. Joos/Helkamp offered Resolution No. 5974, A Resolution Of The City Of Shako pee Setting A Public Hearing To Consider A Petition To Annex Approximately 42 Acres Of Land Generally Located In The Southwest Quadrant Of The Intersection Of STH 169 And Marystown Road/CSAH 15, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Helkamp offered Ordinance No. 690, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Approving The Renaming Of Viking Steel Drive Between CSAH 101 And Fourth A venue to Sarazin Street, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported on Ordinance No 691, an ordinance approving the requested rezoning of 42 acres in Valley Green Corporate Center from Business Park (BP) to Medium-Density Residential (R-2). Mr. Leek noted that he did review the findings with Jim Thomson, City Attorney, and the City Attorney concurred with the language found in the findings. Official Proceedings of the November 18, 2003 Shakopee City Council Page -6- It was noted by the City Attorney that the rezoning request was not contingent on getting an abatement for this development passed. Cnc1. Link thought perhaps things were moving to fast and the cart was being put before the horse. Mayor Mars noted it was past practice that the land be rezoned first and then the preliminary plat would come forward later. The density around the lake shore was discussed. Mr. Leek responded that the City did have the ultimate authority because of the Planned Unit Development (PUD) application that had already been submitted. The City has latitude to say what conforms to the P.D.D. Joos/Mars offered Ordinance No. 691, Fourth Series, An Ordinance Of The City Of Shako pee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located South Of Trunk Highway 169, North OfCSAH 16, East OfCSAH 83, And West Of Dean Lake Prom Business Park (BP) To Medium-Density Residential (R-2), and moved its adoption. Cncl. Lehman noted that City Council had directed staff to come back with this ordinance approving the rezoning. Mayor Mars noted the rezoning was for 42 acres and 295 units. The single-family homes fit into the medium density zoning because of the mixed use that a PUD provided. Mr. Leek spoke to the City's protection along the shoreline if for some reason the developer withdrew the PUD and this land had been rezoned to Medium Density Residential (R-2). John Schmitt, 1015 South Main Street, approached the podium and stated that he really thought this rezoning was down zoning the land. He felt along with others, that the land guiding and the land rezoning was driven by the developer not the City. Mr. Schmitt wanted to know if for some reason the developer went away and the City wanted to rezone this land commercial again what was the City's risk. The City Attorney addressed this hypothetical question. Mr. Thomson noted that if there was to be a zoning change that it was necessary to look at the guiding first. Reclassification and market are always an issue; there is not a significant risk to the City because of the large parcel of land. Motion carried 4-1 with Cnc1. Link dissenting. Joos/Helkamp moved to authorize the hiring of Jeff Weyandt for the position of Assistant City Engineer starting at Step B, Grade 9 of the Non-Union 2003 Pay Plan, effective December 8, 2003, subject to a successful completion of a pre-employment physical and background check. (Motion carried under the Consent Agenda). Joos/Helkamp moved to accept Duane Hoffman's resignation from the Shakopee Fire Department, effective October 30, 2003 with regrets. (Motion carried under the Consent Agenda). Official Proceedings of the November 18,2003 Shakopee City Council Page -7- Joos/Helkamp moved to approve the application and grant a tobacco license to Tobacco Warehouse, 8044 Old Carriage Court. (Motion carried under the Consent Agenda). Joos/Helkamp offered Resolution No 5971, A Resolution Certifying Delinquent Storm Drainage Utility Bills For Collection On The Tax Rolls Payable 2004, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Snook reported on setting the Public Hearing on the Property Tax Abatement Requested By Ryan Companies US, Inc. for the Dean Lakes Project. Mr. Snook noted that the public hearing needed to be called before December 9, 2003 regarding property tax abatement for property located in the southeast quadrant of County Road 83 and Trunk: Highway 169. Mr. Snook noted the property in question for the tax abatement consisted of Outlots A, I and J. This property was in the preliminary plat for Dean Lakes. The commercial property was part of a larger development known as the Dean's Lake Project. Mr. Snook noted at the August 21,2003 Economic Development Advisory Committee (EDAC) meeting the EDAC made recommendation to the City Council to I) set a public hearing for Business Subsidies and Property Tax Abatement for the proposed Dean Lakes project, 2) to approve the amended application for Business Subsidies submitted by Ryan Companies and 3) initiate negotiation for a Master Development Agreement with Ryan Companies for Property Tax Abatement for the Dean Lakes project. Since Ryan Companies submitted their application for Business Subsidies staff has been in discussion with Ryan Companies regarding the tax abatement terms and the land use ofthe project. At the August 5th meeting Ryan Companies asked the EDA and the City Council for authorization to amend the original Application for Business Subsides. Ryan Companies had decided to use the property tax abatement for the commercial section of the preliminary plat only. Mr. Snook noted the City would retain some of the City's share of the property taxes on the Commercial Property and the revenue from the abatement would then help pay the special assessments for the public infrastructure in the Business Park only in the Dean's Lake Project. Mr. Snook noted the property tax abatement request from Ryan Companies was for approximately two million dollars. This amount was determined on the value ofthe commercial property involved with the abatement. The term ofthe property tax abatement was for fifteen years for each parcel of the commercial property after the first year that the particular commercial parcel was fully developed and there were other considerations. It was noted by Mr. Snook that the City would consider entering into individual agreements with individual developers of parcels in the Business Park, for other business subsidies, with contingencies. Mr. Snook explained the terms for the proposed abatement for the Business Park and he also explained the time schedule of the Business Park. Paul Steinman, Springsted Inc., the City's financial advisor, was in attendance at the meeting if there were any questions regarding the financing. There were no questions. Official Proceedings of the November 18,2003 Shakopee City Council Page -8- encl. Joos stated that all the City Council was doing tonight was calling for a public hearing on the proposed property tax abatement. This tonight was not the public hearing. The questions could be asked at the public hearing. Mr. McNeill noted that Ryan Companies would pay the special assessments on the residential property, if that part ofthe project were approved. Mr. McNeill explained what money and when the money would be abated. Mr. Snook noted the County was not involved in any of the abatement. encl. Link asked that the public hearing be postponed until after the first of the year so the new Council could deal with this issue. Cncl. Link felt this was a courtesy that needed to be extended. Cncl. Helkamp asked if all the Developer Agreements would be finalized by the proposed public hearing for December 9th. Mr. Snook stated that all of the Developers Agreements would be finalized by that time. Joos/Mars offer Resolution No. 5978, A Resolution Calling A Public Hearing for December 9, 2003, Regarding Property Tax Abatement And Business Subsidy In Connection With The Dean Lakes Project, and moved its adoption. Paul Steinman, Springsted Inc., noted if the Council wanted to see some other form displaying the numbers, Springsted was open to doing that. Cncl. Helkamp had a question regarding the amount of the abatement for the year 2020. Mr. Steinman addressed this question. Mr. Steinman explained how the dollar amounts and years were capped. Mr. Steinman noted there was a statutory cap as well as an arbitrary cap that the City set for this project. Mayor Mars noted the total projected taxes in this proposal payable to the City for all parcels in this development were approximately $16.9 million through the year 2025. The abatement dollars that the City would be giving up would be approximately $1.9 million dollars. Kathy Gerlach, 4855 Eagle Creek Boulevard, approached the podium and asked that it be made known where the public could get documents pertaining to the Ryan Companies Business Subsidy and Tax Abatement. She would also like the complete credit package (this would include the park dedication credits and storm water credits) that Ryan Companies was asking for, to be discussed at the public hearing. Mr. McNeill noted there would be identifiable numbers available by the public hearing date. Mr. Leek noted when other meetings were going to held regarding the Ryan Companies development proposal. John Schmitt, 1015 South Main, approached the podium and asked if Ryan Companies was really coming before the City asking for $4.4 million in credits and abatements? He wanted to make sure that the public understood the dollar amount of this request. Motion carried 4-1 with Cncl. Link dissenting. Official Proceedings of the November 18,2003 Shakopee City Council Page -9- Joos/Helkamp offered Resolution No. 5977, A Resolution Appointing Kathryn Lease To The Environmental Advisory Committee, and moved its adoption. (Motion carried under the Consent Agenda). JooslHelkamp offered Resolution No 5980, A Resolution Of The City Of Shakopee, Minnesota, Approving Premises Permit For Eagles Aerie 4120, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Lehman stated to Mr. Leek that he would like to see the trail of the greenway corridor that runs east and west of Vierling Drive incorporated into the Natural Resources Inventory. He was unsure, however, ifthe trail had ever been incorporated into the greenway corridor. Mr. Leek responded to this request and noted that he would follow-up and report back on this request. Mr. Loney noted that the trail along Vierling Drive would be built next Spring. LehmanlHelkamp moved to adjourn to Wednesday, November 19,2003, at 6:00 p.m. at City Hall in the Council Chambers. Motion carried unanimously. The meeting adjourned at 8:19 p.m. Motion carried 5-0. . 'U.rJf ~cox City Clerk Carole Hedlund Recording Secretary