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HomeMy WebLinkAbout7. Approval of Minutes: March 11, 18, 31, April 01, and 07, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 11, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lelunan, Link, Joos (7:05) 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; Mark Themig, Facilities and Recreation Director and Paul Snook, Economic Development Coordinator. Mr. Leek, Community Development Director, reported on the what/why a comprehensive plan update was being done by Northwest Associated Consultants (NAC). Mr. Leek noted there were two reasons why a comprehensive plan update was being done. These are: 1) the pace of the growth of the City was outstripping some of the usability of the current Comprehensive Plan and 2) the City wanted to develop a strategic plan for developing the City. Mr. Leek introduced Alan Brixius, Northwest Associated Consultants (NAC), who was contracted by the City to do the study for the Comprehensive Plan Update. Mr. Leek stated if the Council was in agreement with the general concepts laid out by NAC in this update, then the update should/would go before the public for their input through open houses and then a public hearing for formal comments. Alan Brixius, Northwest Associated Consultants (NAC), approached the podium and gave a presentation of the possible draft Comprehensive Plan Update. He noted this was a second draft and there might be some changes after tonight's meeting. He noted that the plan was more than a 20-year plan for the City because with the annexation of certain lands in Jackson Township there were opportunities that existed for the City of Shakopee based on the Scott County Comprehensive Plan. Mr. Brixius stated that Scott County has identified proposed urban expansion areas, commercial areas and industrial m-.eas in Louisville and Jackson Townships. This provided a significant and unique opportunity for the City of Shakopee to identify land uses on the basis of geographic specific needs and reserving land areas for future commercial and industrial use. Mr. Brixius stated that the land use plans that NAC was proposing promoted economic development as the first priority. NAC was proposing a new industrial park in the future along the 169/69 interchange where expanded commercial growth was possible. Mr. Brixius stated that NAC looked at the unique entertainment land use that Shakopee has; they are proposing to preserve this area in its current fashion. Mr. Brixius stated the citywide land use plan is not complete. NAC were hoping that what they were suggesting for the comprehensive plan update was accurate and they would then amend the long-range land use plans to reflect the changes. Mr. Brixius stated that a recent 2002 supply and absorption analysis indicated that the City of Shakopee has a 6-9 year land supply left for commercial/industrial purposes. This land supply is concentrated in the center of the City. NAC felt there were opportunities for the City to be proactive in this planning. Official Proceedings of the March 11, 2003 Shakopee City Council Page -2- Some areas identified by NAC to be included in the proposed Comprehensive Plan Update are: 1) some areas along 169 for future industrial areas because of the high visibility ofHwy 169 and County Road 69, 2) preserving some area along the south side ofHwy 169 and County Road 83 for a business park, 3) preserving and expanding commercial areas that already exist at the Hwy 169 interchanges, 4) preserving areas beyond the City limits for future commercial that are suitable, 5) neighborhood commercial that is integrated and to scale of the residential development, 6) gateway opportunities at the interchanges ofHwy 169. The west end of Shako pee was one of the four locations that NAC was asked to take a look at stated Mr. Brixius. Mr. Brixius noted that NAC expanded this area to include the Jackson Township annexation area. The major focus was the Hwy I 69/CR 69-interchange area. The development in Shakopee and in Jackson Township will be integral to how that location is addressed. Mr. Brixius noted that the downtown district was also expanded to the west end of Rahr Malting. So the full length of the 1 st Ave. corridor could be addressed, 1 sf Avenue Riverfront was expanded all the way to Dangerfield's. Marschall Road area was also addressed in the study by NAC. Mr. Brixius stated suggestions for change to the west-end district, where the current shopping center is located, are: 1) preserving the HwyI69/CR 69 corridor interchange with expanded commercial development [with reserving future right-of-way for the Hwy 169/CR. 69 interchange], 2) expansion of industrial [future growth area with access] north and south ofHwy 169,3) having a high and medium density residential mixed use to the ridge line, 4) having low density residential along 17th Avenue up to the ridge line [with medium density along Hwy 169], 5) neighborhood commercial when moving on top of the ridge line. Some of the transportation improvements that were being looked at are: 1) 17th Avenue frontage roads off ofHwy 41, 2) interchange at Hwy 169/CR. 69, 3) need for frontage or backage roads along linear strip of commercial/industrial on the west end of town, 4) Vierling Drive and 10th Avenue extensions to signalized intersections. Mr. Brixius stated for the downtown area the expansion of the commercial development at the interchanges, would have a direct impact on the downtown historical areas. One ofNAC's goals was to preserve the downtown as a commercial focal point. He noted that the Hwy 169/CR 69 interchange was vital to the vitality of the downtown area. Mr. Brixius noted there be would some expansion, [some new, and some redevelopment] for the downtown area. There would be some land use changes proposed along 1 st A venue. He suggested: 1) some high density residential mix, thus opening up the river corridor, 2) mix of commercial/industrial uses, 3) gateway's located on the west end of downtown, and across Hwy 101. Mr. Brixius noted Huber Park element was major in the downtown area. The Riverfront area and I st A venue improvements was the area where NAC was making the strongest recommendation for change. Mr. Brixius was looking at preserving the stronger commercial areas [primarily hospitality type businesses]. Mr. Brixius noted there were some Official Proceedings of the March II, 2003 Shakopee City Council Page -3- areas for possible expansion. Mr. Brixius noted some constraints were: 1) the railroad lines along Second Avenue and 2) the ridge line along the river. Mr. Brixius noted that NAC was recommending the vacation of streets that were not deemed necessary. High density was being proposed along Huber Park with medium density at some point. Medium density was also being proposed by NAC across 151 A venue. He noted that the City needed to recognize the need of redevelopment and be proactive with the existing residential along 151 Avenue. Marschall Avenue was probably the easiest to study, according to Mr. Brixius, because it was relatively new in comparison to the other districts. Mr. Brixius noted it was fairly well developed. He was looking at infill development, as well as, removal of the commercial on the SE comer of Marschall A venue and Eagle Creek Boulevard. He recommended maintaining the existing commercial uses, providing additional streetscape appeal, (sidewalksllandscaping) reducing some of the commercial scale with the introduction of the new City Hall site and the introduction of some high density residential in previously areas that were zoned commercial. NAC identified Marschall Avenue from ptStreet up to Eagle Creek Boulevard as the commercial area. The transportation plan was basically the same as 1999 but recognized there is a need to take a look at the transportation corridors. The Natural Resources Plan recognized the natural resources inventory (NRI) that already had been prepared, and those recommendations are being implemented in the Comprehensive Plan. Mr. Brixius also mentioned that NAC made recommendations for possible changes to the existing ordinances. Mr. Leek gave an update on the Mdewakanton Sioux Community lands. He noted that in general the SMSC was not interested in developing their lands lmtil the land was in trust. Mr. Leek did not think there would be much movement in the near future because of the status of the Bureau of Indian Affairs and the number of issues involved. There have been ongoing conversations over various issues with City Staff and the executive office of the SMSC. The only thing known by the City regarding land use for the SMSC could be found in the trust application noted Mr. Leek. Cnc1. Joos had a concern with this issue and the infrastructure thru the SMSC property. Mayor Mars noted there was much information in this presentation from Mr. Brixius. Mayor Mars noted that he would like to see at least one more workshop regarding the NAC assessment and their findings for a comprehensive plan update. He did see some conflicts but felt that Mr. Brixius should move forward and continue to take input through open houses. Cncl. Joos was concerned about the timing of the redevelopment movement in the downtown area. Mr. Brixius felt the land use was there when the opportunity presented itself. He thought perhaps the City should participate in purchasing the land when it became available for sale. Official Proceedings of the March 11, 2003 Shakopee City Council Page -4- Mr. Brixius noted that as long as the City provided new land for commercial development, this new land would be developed commercially and the downtown area would suffer because redevelopment costs more money than new development. Mr. Brixius noted that NAC did intend to protect the bluff line. Mayor Mars thanked Mr. Brixius and asked Council members to get any comments they had on the draft comprehensive plan to Mr. Leek. Mr. McNeill reported on the City-owned Black Arrow Parking Lot that is located at the intersection of CR. 69 and 151 Avenue and Fuller Street. Mr. Leek noted over the years there has been some interest in the parking lot but interest in this parking lot did not seem to be a high priority. Mr. McNeill noted some issues regarding the parking lot. These issues are: high bedrock and Fuller Street dead-ending. Mc Neill noted the City had been approached by Scott County HRA regarding this parking lotanddeveloping this property for senior market rate rental housing. Mr. McNeill noted that this Council gave thego ahead to Scott County BRA to do some investigation on this site regarding bedrock and potential contamination with no commitment by the City Council to do anything further. Scott County BRA is now asking the City to make a commitment. Mr. McNeill noted that there is now another party expressing interest in the site but this party has submitted no plans to the City. Bill Jaffa, Executive Director of Scott County HRA, approached the podium and noted that they have put much effort and money forth on this project and they would like to move forward to take advantage of the low market rates. Mr. Jaffa noted he was hoping to work with the City. He noted that there was a draft joint powers agreement in principal before the City. Frank Dunbar, Project Coordinator and Consultant with Scott County HRA, approached the podium to give a slide presentation of the Northridge Court Housing Facility. Be showed the concept to expand and enhance the living community in downtown Shakopee. He noted the market research showed there was a strong demand for this type proj ect. It was noted by Mr. Dunbar that there would be sidewalks and activities to compliment the expansion of the Huber Park area. Site borings had been taken and Mr. Dunbar thought Scott County HRA had a pretty good understanding of what was in the ground. There was a note in the environmental report that there was a potential of tanks but Mr. Dunbar noted that no tanks had been found. He noted that should Scott County BRA go forward with the project there would be engineers on site, to manage and monitor, until the danger of finding tanks on the site was gone. Mr. Dunbar pointed out that much asphalt would be removed and more green space would be available for the residents and the community. The opening of Fuller Street was very important (critical) to Scott County HRA and they wanted to work with the City to see this happen. Mr. Dunbar stated that he respected the City's concern regarding parking and Scott County HRA would work to buy property so this parking lot could be replaced. Mr. Dunbar Official Proceedings of the March 11> 2003 Shakopee City Council Page -5- noted what materials would be used on the building and stated that part of the design came from neighboring buildings. There really was no back to the building; it was quite uniform on all sides regarding the materials Mr. Dunbar stated. The parking issue, as well as, the possible ground contamination was discussed. Mr. Dunbar noted that this proposal had not gone before the Environmental Advisory Committee. nor the Park and Recreation Advisory Board yet. It had been before the Economic Development Authority Committee in concept last fall. Barbara Portwood, with Leonard, Street and Dienard, legal counsel representing the Scott County HRA, approached the podium and discussed the preliminary stlUcture memorandum. She noted this document was a place to start the discussion. Ms. Portwood noted that this document was similar to other such documents in other communities. Ms. Portwood noted that Scott County HRA was proposing that the City give Scott County HRA a ground lease for 50 years. Scott County HRA would construct the building and oWn and operate the building subject to the ground lease. At the end of the ground lease the whole property comes back to the City along with the building. Scott County HRA is hoping to finance the project with general obligation bonds by the Scott County HRA that have a guarantee of the full faith of the City. Ms. Portwood explained the preliminary stlUcture memorandum. Ms. Portwood noted the advantage of River City Centre and to some extent this site was similar in that the housing served two purposes. These purposes are: 1) housing for seniors and 2) redevelopment of the downtown area. She noted it would be much less expensive for the HRA to go to the outside of town and construct senior housing but the HRA liked the amenity of the river at this site. Cnc1. Link agreed with the concept plan for the Scott County HRA but he would like to see Levee Drive widened to accommodate parking for one side. He was concerned about Huber Park parking needs. Cnc1. Link would like to see a master plan for the whole Huber Park area and this site including identifying parking. It was noted that the master plan for Huber Park included a parking lot. Mr. Jaffa stated that the rents are lower, below market rate and that the HRA will be making a payment in lieu of taxes, not a market rate tax. He asked the Council to bear in mind that the Scott County HRA is undertaking the cost to open Fuller Street and add additional parking to the west of the subject site. Mr. Themig, Facilities and Recreation Director, approached the podium and noted that this parking problem was being discussed. Mr. McNeill noted he would follow-up with getting some information to Cncl. Lehman regarding a debt analysis regarding this project. Official Proceedings of the March 11, 2003 Shakopee City Council Page -6- Link/Joos moved that the City Council continue discussions with Scott County HRA regarding the project at Fuller and Levee Drive. Motion carried 5-0. Cnc1. Joos stated that he would like a cost estimate as to what the cost would be to put a second level on the new parking lot once that parking lot is identified. Mr. Snook summarized what the thoughts had been at the EDAC meeting this past summer when this concept was first brought forward. Mayor Mars liked the concept ofthe HRA because he felt it was important to bring people back downtown. Mr. McNeill introduced the issue regarding a secondsheet of ice. He noted that Mr. Themig h~d been working with the committee on the second she'et of ice. Mr. Themig approached the podium and noted an analysis of a second sheet of ice, as well as, an analysis of the existing rink had been done. He noted that the Shakopee Hockey Association Second Sheet Committee would be giving the Council a presentation this evening on the feasibility of funding and constructing a second sheet of ice. Mike Thelen, Vice-President of the Shakopee Hockey Association, approached the podium to give the presentation on the possible new second sheet of ice (Multi-Use Arena). Mr. Thelen gave a short history as to where the committee was. He noted the projected growth, figures provided by the Shakopee School District, was one of the driving forces to build this new arena. He also noted that if something was to be done for the community, doing something with the existing arena needed to be done. There were some efficiencies to using the existing area. Mr. Thelen noted that the current Shakopee Community Center opened in 1995. The current facilities were just not large enough any longer. There needed to be more hockey programs and more programs just could not be accommodated in the winter season (September to March) with the current facility as it is. The Second Sheet Committee recognized early in the game that this second sheet should not be just ice but the building needed to be used for multi-uses. Mr. Thelen noted there are limitations set forth by the state hockey association as to specific times when kids can be practicing on the ice. . Mr. Thelen noted that the Hockey Association as well as the School District is using all of the prime-time ice and also going outside the area to other ice arenas in an attempt to get the ice time needed. Rob Hovde, CEO for a business company, approached the podium and covered the financial side. Mr. Hovde noted that the Second Sheet Committee asked him to take a look at the financial side of the arena to try and understand what the economics were. Mr. Hovde also looked at an Official Proceedings of the March 11, 2003 Shakopee City Council Page -7- Arena~s Manager Survey to see what other arenas are doing financially. Mr. Hovde noted that he obtained information on the current arena from Mark Themig regarding the operation of the arena. The total revenues generated and the operating costs ofthe existing building were looked at~ but the transfer of funds back to the building fund for rental were eliminated. Over the six- year period, Mr. Hovde noted that the arena generated almost $129,000 in excess cash flow. Overall the ice arena has generated substantial excess cash. Mr. Hovde noted that the ice arena has done a good job of covering its expenses over the past six years. Mr. Hovde looked at the Minnesota Ice Arena Manager's Association Survey that was produced in 2002. The Minnesota Ice Arena Manager's Association Survey showed that 67% of the arenas surveyed revenues more than covered their expenses. Mr. Hovde noted that the majority of the arenas in the 67% group were multi-ice facilities. Mr. Hovde tracked the ice utilization and noted that there were some problematic months (summer) for ice usage. The committee had some ideas how to remedy this ice utilization problem. Mr. Hovde also looked at capital expenditures. He noted that the capital expenditures of money were very sporadic. This did not surprise him in this type business. Mr. Hovde noted some opportunities for revenue production during the summer months for the current ice sheet, as well as, a second sheet of ice. Mr. Thelen again approached the podium and noted that the other associations needed to be contacted to see if they were able to use some of the ice/ground time in the summer months. The construction of the multi-use arena was discussed. It appeared that an end-to-end building would probably be the approach to use. Greystone Construction drew up some very preliminary plans, which Mr. Thelen showed to the Council and audience. Mr. Thelen noted that perhaps this new arena could be part of the current Community Center expansion that is being discussed but timing was an issue. He noted there were many financial questions that still needed to be figured out. He noted that when a second sheet was added it usually could support itself. Mr. Thelen stated that the Hockey Association wanted to pay Greystone Construction so they could move forward with more detailed plans. These plans drawn up by Greystone Construction could be shared with the City if there was a need. There was a need by the Second Sheet Committee to share this vision of a multi-use arena with the City Council and for the City Council's support. Mr. Thelen stated there was a need to have other associations come forward and express their needs to the Second Sheet Committee. Mr. Thelen noted they were willing to move forward to find out what the hurdles to this project may be and get plans so a cost can be determined. Official Proceedings of the March II, 2003 Shakopee City Council Page -8- Mayor Mars noted that the strength of hockey was in the youth and Mr. Thelen noted the numbers for youth hockey were increasing. Mr. Themig noted a few questions would be included in the community survey regarding this multi-use arena. Lelunan/Helkamp moved to adjourn the meeting to Tuesday, March 18, 2003 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 8:28 p.m. JjLJ~ [th s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 18,2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek (7:13), Community Development Director; Bruce Loney, Public Works Director/City Engineer; Paula Callies, Acting City Attorney; Mark Themig, Facilities and Recreation Director; Gregg V oxland, Finance Director; Mark McQuillan, Natural Resources Director and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. Lehman/Link moved to approve the Agenda as written. Motion carried 5-0. Mayor Mars reported that on March 11, 2003 he did speak at the Rotary Club meeting in the morning and that afternoon he and Cncl. Joos spoke to some students at Red Oak Elementary. Mayor Mars noted that today he meet with groups from Scott County and surrounding community cities regarding budget concerns resulting from the State deficit; they also discussed increasing efficiencies among the surrounding cities and Scott County. Mayor Mars noted that the first phase of the INET came in under budget and he thanked the Telecommunications Commission for this achievement. The following item was added to the Consent Agenda. 15.D.I Sanitary Sewer Television Inspection and 14.D. Woodland Management Ordinance. Lehman/Helkamp moved to approve the Consent Agenda as amended. 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. Linda Motschenbacher, 1971 13th Avenue West, approached the podium to bring a parking problem to the attention of the City Council. She noted there were multiple families living in single-family homes and this was presenting parking problems. Mayor Mars noted that staff/police would follow-up on this problem and would get back to her. Mr. McNeill noted that until there was a violation of existing City Code it was difficult to enforce this problem. Cnd. Lehman stated he knew of a few areas in the City where this same problem was occurring and he would share with staff where these areas are. Cnc1. Link would like to see this problem addressed. Mr. Leek addressed this problem. Lehman/Helkamp moved to approve the meeting minutes for February 4 and 18, 2003. (Motion carried under the Consent Agenda). Official Proceedings of the March 18, 2003 Shakopee City Council Page -2- Lehman/Helkamp moved to approve the bills in the amount of $893,893.05 plus $114,019.92 for refunds, returns and pass through for a total of$1,007,912.97. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approva1.] Mr. McNeill noted that Scott County Administrator asked for a time to present County Issues relating to the City of Shakopee. Ms. Barb Marschall, County Commissioner representing Shakopee and Prior Lake, approached the podium and stated she appreciated Scott County Administrator, Dave Umnacht, and the County Commissioners representing the City of Shakopee being allowed to come and represent some issues to the City Council. She asked that the communication continue between the County, Cities and Commissioners. She felt we were all expected to work together. Mr. Jerry Hennen, County Commissioner representing Shakopee, stated he was impressed with the cooperation between the City and Scott County; he was hoping that the cooperation would continue to grow. Cnc1. Lehman noted that he did appreciate the County information being included in their packets for the Council meetings. It was helpful information. Mr. Hennen mentioned that perhaps the County could help the City with the survey that the Park and Recreation Advisory Board was discussing. Mr. Unmacht, Scott County Administrator, approached the podium, passed out materials and noted that he gave Mr. Leek, Community Development Director, the design development drawings for the new jail. Mr. Unmacht noted some key points for the City of Shakopee. Mr. Unmacht stated that he wanted to talk about 1) what was new and what was different as it related to Scott County, 2) what was in process [underway] and 3) some observations regarding the future. Mr. Unmacht noted that there are many new persons on board at the County and thus many new opportunities for the residents/officials for the City of Shakopee. Scott County has credit card transactions in process and this is good for Shakopee because revenue is up and this should happen for Shakopee also. Mr. Unmacht noted that credit card transactions save on the amount of staffing also. Mr. Unmacht stated that Scott County hopes to have a five years parks and open space plan by the end of the year. This type plan never existed before and it was a significant policy change for Scott County. The approach and means to transportation was also new that Scott County was contemplating. Mr. Unmacht noted that Scott County did not have the money to keep up with the demand for new roads and he thought the County would be making a report to the County Board to ask for bonding for some new roads in the near future. Official Proceedings of the March 18,2003 Shakopee City Council Page -3- Mr. Unmacht noted the delineation of the County's responsibilities and the Townships responsibilities when it came to land use planning. Mr. Unmacht noted what projects were underway and noted how much the City of Shakopee and Scott County had accomplished. Mr. Unmacht noted things were going well but Scott County did need and did receive support from the City on the new jail, new library, INET and county roads. Mr. Unmacht noted Scott County was in need of the City of Shakopee' s support and the City of Shakopee was in need of Scott County. There will always be a fundamental tug and pull at perspective's stated Mr. Unmacht but the foundation is there and the problems will get figured out. More interservice agreements and partnerships where seen by Scott County with differing cities noted Mr. Unmacht. Mr. Unmacht stated that Scott County, with the help of the cities, would be more of a regional player with the Metropolitan Council and St. Paul to get much needed grants and money. It was thought by Mr. Unmacht that growth was going to sustain itself in greater Scott County. Mr. Unmacht noted that there were many choices in Scott County regarding living accommodations that had reasonably good access and amenities. He did not think right now Scott County was at a competitive disadvantage with other counties. This could happen if some regional money was not gone after, however. Mayor Mars agreed with Mr. Unmacht on the partnership between Scott County and the City of Shakopee being important. Mr. Unmacht gave a short update on the status of County Road 21. Mr. Unmacht noted that the EIS regarding the County Road 21 corridor was progressing and hopefully the EIS would be completed in 2004. The scoping document was being reviewed and hopefully the scoping document would be coming forward this summer. He noted there were two segments scheduled for the construction of County Road 21 in 2006 and 2007. Mr. Unmacht stated the funding for County Road 21 was going to take place in the budgets for 2004 thru 2007. Mr. Unmacht noted that with budget constraints the biggest change would be seen in the human services area in Scott County because this is where the state budgets cuts would be impacted most highly. Mr. Unmacht noted that the only parks Scott County had were the two regional parks operated by Three Rivers Park system. He did not foresee the County ever having small parks. Mayor Mars noted the City was looking at defining a greenway corridor and Mr. Unmacht thought this would be an excellent partnership for the City and County. Cnc1. Link noted that he attended a Shakopee Public Utilities Commission Meeting and a resolution was passed thanking David Thompson for all the time he spent helping the Shakopee Public Utilities Commission. Cnc!. Link noted that he; Mr. McNeill and Cnc1. Lehman attended Official Proceedings of the March 18, 2003 Shakopee City Council Page -4- a meeting with the firemen on the possibility of postponing a referendum for a new Fire Station and remodeling the current Fire Station that is located downtown. Cnd. Joos noted that he spoke to a second grade class at Red Oak Elementary School. He explained City government to the class. He also noted that he attended the School Board meeting. He noted the School district had finalized and closed on the property regarding the property swap. The transfer has taken place between the School District and Tollefson Development. Cnd. Lehman noted he attended the Park and Recreation budget session and at that meeting land acquisition was discussed. He noted if the Park Board ever purchased a large chuck ofland, which this Council had directed, then many CIP park projects would be pushed further down the road. Cnc1. Lehman noted he attended the Gang Strike Task Force presentation at the High School auditorium. That presentation was a real eye opener. There are gangs in Shakopee. Mr. Lehman noted that Vision Shakopee's banquet was going to be Apri12, 2003 at Turtle's Social Center. Mr. Leek reported on the Southbridge East Retail Center PUD, located east of County Road 18, south ofHwy 169 and west of Riverside Grove. This is the location of the proposed Home Depot. Mr. Leek noted that the Councilors had the revisions in their packet that were directed at the previous Council meeting. Mr. Leek noted that on Monday there were additional comments from the Home Depot attorney; therefore, there was a revision of the proposed resolution on the table. Mr. Leek addressed three items. These were: 1) condition no. 9 - date and title of revised set of elevations to be filled in, 2) condition no. 8 - the question of the right-in/right out access along with the temporary access still has to be approved by Scott County, and 3) condition no. 32 - requiring escrow of funds for a signal. Cnd. Helkamp would like to see a condition stating how the temporary access was going to be removed and what the development (landscaping) would look like once the temporary access was removed. Mr. Soltau, Shakopee Crossings, approached the podium and noted that there could be a restoration plan. Mr. Soltau noted the curb cut for the temporary access was in the County's jurisdiction and they were continuing to work with the County. Mr. Soltau had a concern dealing with an escrow account and its complexity. Mr. Soltau would like to look at other alternatives do deal with the future signalization. Mr. Loney, Public Works Director/City Engineer addressed the reason for the escrow for the installation of the traffic signal in the future. He stated that a petition for the signal could be recorded then any future property owners would be aware of it and could negotiate the potential cost in the price of any purchase. He noted that it would be on a county road and the portion that the developer would be responsible for is the city's share, not the county's share. Official Proceedings of the March 18, 2003 Shakopee City Council Page -5- Mr. Leek addressed the PUD and the temporary access. He thought there needed to be three separate agreements. Lehman/Joos offered Resolution No. 5858, A Resolution Of The City Of Shako pee, Minnesota, Approving Southbridge East Retail Center Planned Unit Development #21, and moved its adoption with additional conditions set forth. These conditions are: I) a condition no. 9 stating in the blank area the title and date of elevation received by Shakopee staff and 2) condition no. 32 stating either/or the applicant provide the City with funds in escrow for a future traffic signal at the intersection of County Road 18 and Crossings Boulevard or that the applicant petition the City accordingly for the City's portion of that expense for that signal. Motion carried 5-0. LehmanlHelkamp offered Ordinance No. 658, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sect. 11.03 By Rezoning Land Generally Located North OfCSAH 16 And South of The Southbridge Development From Light Industrial (II) And Agricultural Preservation (AG) Zone To Urban Residential (R-IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5857, A Resolution Of the City Of Shako pee, Minnesota Approving The Final Plat Of Wynd am Ponds 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Ordinance No. 656, A Resolution Of The City Of Shakopee, Minnesota Amending Section 11.83 Subdivision 9 Of The City Code Pertaining To Tree and Woodland Preservation, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5869, A Resolution Adopting City of Shakopee Programming Policy And Procedures For Public Access Channel15, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Ordinance No. 661, 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 East Of Beckrich Park Estates, West of CSAH 17 And North of CSAH 78 From Agriculture Preservation (AG) Zone to Rural Residential (RR) Zone and Urban Residential (R-IB) Zone. (Motion carried under the Consent Agenda). Lehman/He1kamp moved to approve the hiring of Eschelon Telecom, Inc. to purchase INET equipment and specialized labor in an amount not to exceed $29,000. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the appropriate City staff to purchase a Whelen Model WPS 2805 civil defense warning siren from Front Line Fire & Rescue for no more than $15,906.13 (Motion carried under the Consent Agenda). Official Proceedings of the March 18,2003 Shakopee City Council Page -6- Lehman/Helkamp moved to authorize staff to issue requests for proposals for a recreation software package. (Motion carried under the Consent Agenda). Lelunan/Helkamp moved to extend the approval of the final plat of Shenandoah Apartments by an additional 60 days. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5871, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Public Right-of-Way (Alley), Located North of 4th Avenue, South Of3rd Avenue, East Of Fuller Street and West Of Holmes Street, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to accept the low quote from Visu-Sewer Clean & Seal, Inc. for $0.33 per linear foot to televise 30,000 linear feet of sanitary sewer mains. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5868, A Resolution Establishing Mlmicipal Aid Streets, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney reported on the feasibility report for improvements to Valley View Road from the east plat line of Pheasant Run Sixth Addition to the east plat line of Greenfield. Mr. Loney stated he was bringing this request to order a feasibility report to the City Council after the Council discussed their short-term goals. One of these goals was to continue building the collector street system in the developing areas. Valley View Road is paved to the east edge of Pheasant Run 6th Addition; with the construction of this portion of Valley View Road this collector street system would be complete to Independence Drive. Mr. Loney proposed to the City Council that a feasibility report be ordered to look at constructing this portion of Valley View Road. Mr. Loney noted it would not be important to extend the sewer or the watermain in this area because they are in the Greenfield Addition. Mr. Loney noted this area of Valley View Road would only need storm sewer and utilities reconstruction and some bituminous trails, sidewalks and restoration. Mr. Loney stated there was quite a bit of right-of-way in that area but a 10 foot temporary easement may be needed along the south edge properties for drainage purposes. Mr. Loney stated the parcels are mostly agricultural at this time and large enough that they could be put in green acres (the problem with tpis is that the assessments would then be deferred with interest accruing). However, Mr. Loney noted this would happen whenever this part of Valley View Road was constructed. Mr. Loney wanted to know what was going to be done with County Road 83 before he proceeded any further than this section of Valley View Road and he also wanted more development to occur. Joos/Lehrnan offered Resolution No. 5867, A Resolution Ordering the Preparation of A Report on An Improvement To Valley View Road, From The East Plat Line of Pheasant Run 6th Addition To The East Plat Line of Greenfield, and moved its adoption. Motion carried 5-0. Official Proceedings of the March 18, 2003 Shakopee City Council Page -7- Joos/Helkamp moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of a feasibility report, as described in their extension agreement. Motion carried 5-0. LehmanlHelkamp moved to authorize staff to sell the 1995 Elgin Pelican street sweeper to Reliakor Services for the high bid price of $20,000.00. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to authorize the appointment of Duane Toenyan as Facility Maintenance Lead Worker, at a starting salary of $40,686 (Grade 5, Step D) of the 2003 Pay Plan, with the understanding that Mr. Toenyan's step placement would change, depending upon the outcome of the Public Works contract negotiations. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the filling of the Public Works vacancy created by this appointment of Duane Toenyan to Facility Maintenance Lead Worker. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the application and grant a Consumption and Display Permit to Great Lakes, Inc. dba Shakopee Ballroom and Banquet Hall, 2400 East 4th Street. (Motion carried under the Consent Agenda). LehmanlHelkamp offered Resolution No. 5866, A Resolution Amending Resolution 5820 Adopting the 2003 Budget, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the transfer of$80,048.61 from the 1990A Debt Service Fund to the Capital; Improvement Fund, $65,142.88 from the 1999 Capital Projects Fund into the 2002A Debt Service Fund, $539,606.83 from the 1998 Capital Projects Fund into the 1998B Debt Service Fund and $1,000,000 from the General Fund to the Building Fund. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to authorize the appropriate officials to execute the Joint Powers Agreement for the provision of attorney services, by and between Scott County, the SJP A, Scott County Attorney's Office, and Scott County member cities. (Motion carried under the Consent Agenda). ~ Mr. McNeill noted that the setting of workshops dates to discuss the Northwest Associated Consultants (NAC) report on the comprehensive plan update was a follow-up from the March 10, 2003 workshop. It was suggested by Mr. McNeill that two workshop dates be set to discuss in more detail the draft of the comprehensive plan update. There was Council consensus to set the meeting times and dates for Monday April 7, 2003 at 7:00 p.m. and Monday April 14, 2003 at 5:30 p.m. Mayor Mars noted that these would be joint meetings with the Planning Commission, Official Proceedings of the March 18, 2003 Shakopee City Council Page -8- the Economic Development Advisory Committee and the Environmental Advisory Committee. The purpose of the first meeting was to discuss the Downtown District and the Riverfront/First A venue District with the purpose of the second meeting to discuss the West End development and the Marschall Road corridor. Lehman/Helkamp moved to approve the application and grant a tobacco license to G and Asme Market Inc., 590 South Marschall Road. (Motion carried under the Consent Agenda). Cncl. Joos addressed the remodeling of the downtown Fire Station. Mr. McNeill addressed the insurance (ISO rating) rating. Mr. McNeill noted that the Fire Department felt they would be better able to service the residents from the current Fire Station, if it were updated. The proposed remodeling of the current Fire Station was considered in light of all the other building proj ects that the City was undertaking now and in the near future. There was a committee to look at the possible remodeling of the Fire Station. The Fire Department noted that if the old Fire Station were remodeled they would stay in that facility at least five years. Mayor Mars wanted it figured out how this building could be put to use for a longer period of time to make the remodeling more cost effective. There was discussion on the land available in Lions Park for a new Fire Station and the piece ofland adjacent to it where development could take place. The issueofthe Park and Recreation Advisory Committee talking with Scott County regarding a possible park or greenway partnership was brought up. Mr. Leek addressed these efforts. There was an update from Mr. Loney regarding the pedestrian bridges on County Road 79 and Marschall Road. It was hoped that that these bridges would be done around June 15, 2003. CncL Link was wondering about the tax abatement request from Ryan Companies. Mr. McNeill noted that the land use was a question and this had gone before the Planning Commission last week. Mr. McNeill noted he would follow-up with Scott County and will come back with their answer regarding the abatement. Mr. Leek stated that the Environmental Advisory Committee and the Park and Recreation Advisory Board would be looking at the land use components so the City Council will have comments from all three advisory bodies. Lehman/Link moved to recess for an executive session to discuss labor negotiations at 8:40 p.m. Motion carried 5-0. Mayor Mars re-convened the meeting at 8:58 p.m. No action was taken during the executive seSSIOn. Helkamp/Lehman moved to adjourn to Monday, March 31, 2003, at 6:00 p.m. Motion carried unanimously. The meeting adjourned at 8:59 p.m. Official Proceedings of the March 18, 2003 Shakopee City Council Page -9- .JrtlJ~ ~th s. Cox . . y Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 31, 2003 Mayor Mars called the meeting to order at 6:00 p.m. with Council members Le1unan, Link, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk and R. Michael Leek, Community Development Director. Mr. Leek reported on the City Code requirements for building materials and design criteria. He noted the Council wanted to discuss whether or not the City Council wanted to amend the architectural standards and design criteria regarding commercial, industrial and attached residential. Mr. Leek noted that he did survey three other communities regarding their architectural and design standards: he stated Shakopee's approach was relatively,unintrusive with respect to architectural and design standards. Mr. Leek thought the language in~lJ.e City Code pertaining to architectural and design standards for the City of Chaska was about thesan:;le but their process was quite intrusive. It was noted by Mr. Leek that the City ofChaskanegotiates the approval of all site plans and architectural approvals. The approach of Burnsville and Chanhassen regarding architectural and design standards falls between the Ci~y:of Shakopeeand the City of Chaska. The cities ofBurnsville and Chanhassen do have a design process in place and they do have some more specific stated architectural design standards in their City Code. Mr. Leek reported that notice of this meeting was sent out; he invited developer/buiklers -to the - meeting to discuss the architectural and design standards if they so chose. Mr. Leek noted that he also surveyed the City of Shakopee and developed a report of what he found throughout the community for commercial and attached residential that had been built since the opening of H wy 169 in November of 1996. Mr. Leek noted the type of materials used for the attached residential and commercial built since that time. Mr. Leek stated that the differences in processes did not necessarily yield different results i.e. the Ryland Homes in Chaska versus the Ryland Homes in Shakopee. Mr. Leek asked that guidance be given City staff if any further change to. City Code was desired. Mr. Leek suggested some possible changes. Mayor Mars stated that a large proportion ofthe commercial buildings had brick exteriors and the majority of the attached residential had siding exteriors with some brick or stone exterior as secondary design materials. Mr. Leek noted that he thought most of the negotiations in Chaska took place with the builder/developer at staff level before a formal application was developed. The conditions for site approval for the City of Chaska found their way from the Planning Commission and the City Council. Chaska had a very discretionary process. Mr. Leek noted it was quite hard to negotiate with developers and builders for any more than what was in the City Code for the City of Shakopee. Official Proceedings of the March 31, 2003 Shakopee City Council Page -2- Cnd. Link, as well as some residents, was not satisfied with the developments that the City of Shakopee was getting. He would like a time out until architectural and design standards were put in place. He would like to see the City get better construction. Cncl. Link felt the City.was getting the minimum in the developments in Shakopee. Cnd. Helkamp thought a few things needed to be addressed like monotony and painted block and painted brick. Cnd. Helkamp noted that the City ofBurnsville addressed this monotony problem by requiring architectural relief and the City of Chanhassen addressed the monotony by having the developer/builder look at the adjacent development to make sure they did not construct the same thing. Cnc1. Helkamp wanted to get away from the painted block and brick because that did not have a very long longevity. Cnc1. Lehman thought if a major change was made then the City of Shakopee would not be consistent with the surrounding towns and the City would stick out. He wasn't sure some changes would fit in with the surrounding neighborhoods. Cnd. Lehman was also concerned about the cost of housing if more. requirements were required. Cnd. Helkamp liked the City ofBumsville's ordinance regarding architectural and design standards and also wanted the clause Trom th6City of Chanhassen added regarding the prohibition of monotony for the City of Shako pee's ordinance regarding. architectural. and design standards. Cnd. Joos would like staffto take a look at the City of Bumsville's Ordinance and then report back to the City Council as to how that ordinance applied to the City of Shakopee. Cnc1. Joos wanted to walk softly and see what current developments will look like wh.:eRJ;heyare completely done. Cnd. Link liked the Chaska approach because then the City had more leverage. Richard Palmiter, representing Town and Country Homes, approached the podium and thanked the City for inviting the development community. He noted each City had its own way. He did note that the City ofChaska understoodihereneededtobe affordability. He stated that the marketplace dictated what the public would buy. Mr. Palmiter compared the materials used in the Providence Pointe project in Shakopeeto one ofthe Town and Country Homes projects in the Clover Ridge area of the City of Chaska. Mr. Palmiter stated in this project that is located in a traditional neighborhood the general design criteria was that there be a front porch orientation and the garage on the back. Mr. Palmiter stated that the Providence Pointe development in Shakopee had the same type home; there were no major changes in the architecture itself, there were some brick accents added in Shakopee. Mr. Palmiter stated that almost always the same construction materials are used in every town. Art Plante, representing Town and Country Homes, a Division President, approached the podium and gave a larger perspective of what the consumer wanted. He noted that the land price was really what had increased the price of the home. Mr. Plante addressed the locations and sensitivity to some sites with features of lesser amenities. These locations necessitated an increase in some of the construction materials and architectural embellishments. Mr. Plante also noted that most of their development in Shakopee was not complete; the landscaping had not been completed. The landscaping will make a huge difference, according to Mr. Plante. Official Proceedings of the March 31, 2003 Shakopee City Council Page -3- Mr. Plante stated some other City's have enacted some fairly strict ordinances of what they would like to see in their developments. The creativity of the developer may be limited with a strict ordinance noted Mr. Plante. Mr. Plante thought there were some things thata developer and a builder could do to enhance some of their products that did not cost a lot of money. He asked what was proposed for a new ordinance not make it more difficult for an individual to buy a home of some type. Brent Hislop, representing Pulte Homes, approached the podium and noted it really was a trade- off with increasing costs and asking for better construction materials. There needed to be a proper balance. He noted that Pulte's products basically stayed the same within a large district (south metro area). Mr. Hislop noted thatPulte did have an internal monotony code for single- family homes and multi-homes. Mr. Hislop stated Pulte controlled the whole developmelit -." regarding architectural and design standards. Bill Johnson, President of M. W. Johnson Construction, approached the podium and stated that he tried to come up with a productthatthe consumer was looking for. The consumer dictated what ". > . was built. Mr. Johnson noted that eachCity was a little different. The builders needed to be sensitive to what the community could afford. Dick Schuler, representing Keyland Homes, approached the podium and stated the customers-- - wanted something maintenance free. He noted that first-time homebuyers really couldn't afford a single-family home any longer. He noted all the government regulations increased the price of a home. Matt Weiland, representing Tollefson development, approached the podium to speak about the" site design, layouts and gettingthe needed approvals. He noted there were some things that could be done to help the overall look with building orientation, streetscape, landscaping, circulation, sidewalks and trail connections. John Schmitt, 1015 South Main Street, approached the podium. He stated that the sing1e,.family . community has done pretty well; it was the attached multi-family home that had the problem with the architectural and design standards. Restated the multi-family was lacking community. " He would like to see the PUD standards looked at and revised. He felt the flexibility was there but the review standards needed to be looked at and when the developer left the neighborhood the City needed to be sure the neighborhood was done. He was more concerned about the business park as well as commercial areas. He would like the City to take a look at some of the commercial 'architectural design standards for the commercial and the business park. The rules and standards needed to be set up front. He was willing to help in any way he could. Gary Wollschlager, Tollefson development, approached the podium and pointed out a few things. Mr. Wollschlager noted the ordinance needed to be looked at through eyes determining how does the City accomplish this architectural design change to get what the City was looking for. Official Proceedings of the March 31, 2003 Shakopee City Council Page -4- He would like to see more flexibility in setbacks and streets. He stated there needed to be some give and take between the City and the developerlbuilder. Cnd. Joos noted that he asked the residents living in a development with small lots and small setbacks how they like the little lots and the sidewalks; the residents responded that that loved it. Cnd. Joos felt there was a problem with the PRD zoning district. He suggested that the PRD .be changed or removed. He noted that the PUD worked better. He noted that it was difficult to get specific with the commercial/industrial because of so many different types of buildings and uses. Cncl. Lehman. was really concerned about the "barracks" outside look created by some of the townhomes. He would like staff and the Planning Commission to take at look at the architectural design standards also. He did not feel there was an issue with the single family, he did feel that the new and existing industrial should fit in with what was already there and with some ofthe new industrial the front elevation would become important. Cnd. Lehman felt some flexibility was-going to be needed so all buildings could be addressedin the commercial areas to make sure all buildings were appropriate for that site. Cncl. Joos would like to leave the commercial/industrialvery flexible. Cncl. Link stated that if the City is not happy with what they are getting, then the City needed to do something about it. Cnd. Link suggested that staff review all the architectural and construction standards; he would also like to see the City have more leverage on designs before plats are approved at a staff level with negotiation with -, .......--. developers. Cnd. Helkamp felt the ordinances needed to be reviewed and get all references directed at painting out of the ordinance. Cncl. Helkamp stated of all the ordinances reviewed, the Burnsville ordinance allowed the most flexibility. He felt this document was a great starting. point. Mayor Mars felt it was the multi-family that needed better standards. Mayor Mars would like to see the standards increased. He felt staff was the best to do the initial round of design reVIew. There was discussion on the process involved. Cncl. Joos noted thatthe City was up to speed on the Codes; the Council was looking at an even better Code. Cnd. Lehman would like to see Mr. Leek and the planning stafftake the information presented tonight and bring the information back and when there is consensus by the Council, he would then like this information to go before the Planning Commission and get their input and then . have it come back before the Council again. Cncl. Link felt that the standards needed to be policed. The City was not getting what they were told they would get. Helkamp/Lehman directed staff to come back with a rough draft for architectural design standards based on the discussion tonight using Burnsville's Code as a template with the addition ofa monotony prohibitive clause from the City ofChanhassen's Code. Official Proceedings of the March 31, 2003 Shakopee City'Council Page -5- Cncl. Helkamp noted that if staff wanted to send this rough draft to the Planning Commission for their comments at the same time it was sent to Council for their comments that would be fine with him. Cncl. Lehman added a friendly amendment that the motion include the comments of this Council as discussed tonight (i.e. elevation, review process, painting, policing). Cncl. Helkamp concurred with the friendly amendment. Cncl. Joos would like to modify the ordinance that the City has now. Mr. Leek noted that he intended to include this current ordinance as well in the rough draft of the new ordinance. Motion carried 5-0. Joos/Link moved to recess for an executive session to discuss labor negotiations. The meeting recessed at 8:05 p.m. Motion carried 5-0. Mayor Mars re-convened the meeting at 8:31 p.m:and stated that no action was taken during.the executive session discussion onlabor negotiations. Helkamp/Lehman moved to adjourn to April 1, 2003 at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 8:31 p.m. ~JOf i1th s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 1, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkarnp 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; Bob V ose, Acting City Attorney; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator; Dan Hughes, Chief of Police and Sergeant John Flynn of the Shakopee Police Department. The pledge of allegiance was recited. The following items were deleted from the agenda. 15.B.1 Final Plat of Riverside Grove 2nd Addition, located east and north of CSAH 18 and south of Highway 169 and 15.F.l Massage Center and Massage Therapist Licensing (deleted at the request of the applicant). Lehman/Link moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars reported that on March 19,2003 he attended the grand opening of the new Wal- Mart Store in Shakopee. He noted on March 24,2003 he testified in front of the Governmental Regulations Committee and on April 1 51 he testified in front of the Taxation Committee at the State Capitol regarding the proposed Racino at Canterbury Park. Mayor Mars noted that on March 23,2003 he met with Mayor Jabs from Jordan to discuss City issues affecting Jordan and the City of Shakopee and how each City was dealing with these issues. Mayor Mars reminded everyone the Vision Shakopee Banquet was Wednesday April 2nd. Mayor Mars noted Monday April 71h and Monday April 141h were City Council Workshops with Northwest Associated Consultants (NAC) regarding the comprehensive plan. Comments regarding the comprehensive plan update were directed to go to Mr. Leek, Community Development Director. Mayor Mars also noted that on April 91h, the League of Minnesota Cities was putting on a "City Day at the Capitol". He noted this was a chance to ask representatives questions affecting the City. He stated that he planned on attending. Mayor Mars presented Mr. David Thompson, outgoing Shakopee Public Utilities Commission member, a plaque of appreciation for all of his services to the City of Shakopee. Helkamp/Link offered Resolution No. 5870, A Resolution Of Appreciation To David L. Thompson, and moved its adoption. Motion carried 5-0. The following items were added to the Consent Agenda. 15.B.3 Proposed Flat Fee Plumbing Permit and 15 .E.l.a. Ratify 2003 Labor Contracts for Public Works, 15 .E.I.b. Ratify 2003 Labor Contracts for Police Officers, 15 .E.l.c. Ratify 2003 Labor Contracts for Police Sergeants. Official Proceedings of the April 1, 2003 Shakopee City Council Page -2- LehmanlLink moved to approve the Consent Agenda as amended. 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. LehmanfLink moved to approve the meeting minutes for February 25, 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the bills in the amount of$350,361.70 plus $43,053.28 for refunds, returns and pass through for a total of $393,414.98. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Russ Susag, Metropolitan Council District 5 Representative residing at 7305 1 sl Avenue South Richfield, approached the podium to introduce himself and to provide some information to the Council regarding the Metropolitan Council as well as himself. Mr. Susag noted he represented the cities of Richfield, Bloomington, Savage, and Shakopee. Mr. Susag noted he was a Civil Engineer with a PhD. from the University of Minnesota. He noted his expertise was in wastewater treatment but he was familiar with air pollution and solid waste management as well. Mr. Susag stated he was quite familiar with the Metropolitan Council because he had worked with it for quite some time in various capacities. Mr. Susag noted Chairmen Peter Bell of the Metropolitan Commission, asked that Council members take a metropolitan view on deliberations. Mr. Susag stated that he would represent Shakopee but he did not want to be counted on to present Shakopee' s position before the Metropolitan Council hearings. He felt the City of Shakopee should be giving their own position to the Metropolitan Council before hearings. He would do what he could to assist and facilitate for Shakopee along with advocating for Shakopee when Shakopee was presenting its position. He felt the relationship with Shakopee should be a relationship of communication. Mr. Susag pledged to the City of Shakopee that he would keep the City of Shakopee well informed of Metropolitan Council issues. He wanted to develop a relationship with the City of Shakopee so he could be aware of the issues of the City of Shakopee. Cnd. J oos stated that planning and growth were really large issues of the City of Shakopee right now. He invited Mr. Susag to come and work with staff from the cities of Savage and Shakopee to get a good idea of what some of the issues really were. Cnd. Joos stated that he was aware of some possible changes to the Metropolitan Council that the Legislature was looking at and he asked Mr. Susag ifthe Metropolitan Council had looked at any of these possible changes, especially the opt-out issue that was coming up. Mr. Susag noted the Metropolitan Council was keeping an eye on the issue. Official Proceedings of the April 1, 2003 Shakopee City Council Page -3- Cnc1. Lehman asked Mr. Susag what portion of the line item on the property tax statements regarding the Metropolitan Council tax came back to benefit the City of Shakopee. Mr. Susag noted that he could not answer this question. He noted he would follow-up on this question. Cnc1. Lehman also asked Mr. Susag how all the Cities he represented compared with each other regarding fiscal disparities. Mr. Susag speculated on this answer. Mayor Mars asked Mr. Susag what he felt on the balance with the Metropolitan Council regarding Affordable Housing. Mr. Susag stated that the biggest impact of the Metropolitan Council was probably in developing communities. Mayor Mars stated the Metropolitan Council had impacts in many areas. Mayor Mars stated one ofthe impacts was the Livable Communities Demonstration Grant Program. There was a bill resulting from the Metropolitan Council in front of the legislative committee to lower the levy limit authority that dedicates dollars to the Livable Communities Demonstration Grant Program and Mayor Mars wondered what Mr. Susag thought about this development. Mr. Susag stated he could not address this. Mr. Susag did state he would like to see communities get all the dollars possible out ofthe grant programs. Mayor Mars stated that Transit was also a big issue in this region. Mr. Susag noted he was a fan of busing. Mr. Susag wanted to get more businesses into using van pools. He was against light rail and thought the price was too high. He felt the people were looking for a mixed use of transportation. Mr. Susag stated he would like to set up a meeting with Mr. McNeill, City Administrator, periodically to talk about issues that pertained to Shakopee or issues that Shakopee had. Cncl. Joos noted that the School District was beginning to see impacts of the budget cuts by the Governor on the education side. Cnc1. Joos stated there would be some cuts of school programs. Cncl. Lehman noted he attended the Park and Recreation Advisory Board (PRAB) meeting and the community survey was discussed. Cnc1. Lehman noted that the PRAB was looking at using the County to do the survey for the PRAB needs survey because their cost was lower. Cnd. Lehman noted that he offered to be a liaison to any Citizen Task Force for the survey and he wanted to know if the Council was okay with his offer to be a liaison. The space that the current library occupies was talked about at the PRAB meeting. Cnd. Lehman noted that he attended the donation and care packages for troops over seas in Iraq and felt this was a nice gesture of Kim and Jesse Busch. Helkamp/Link moved to recess the City Council meeting for purposes of conducting the Economic Development Authority meeting at 7:40 p.m. Motion carried 5-0. Mayor Mars re-convened the City Council meeting at 7:46 p.m. Mr. Leek, Community Development Director, reported on the final plat of the ACC 2nd Addition, Mr. Leek stated the reason this plat was not on the Consent Agenda was because the City Official Proceedings of the April 1, 2003 Shakopee City Council Page -4- received a letter from Scott County Highway Department, in which the Highway Department recommended that this final plat not be approved because some items were included in the preliminary plat that the highway department felt needed to be addressed. Mr. Leek stated the planning staff responded in writing to the comments from the Scott Highway Department and this correspondence was included in each Councilor's packet. Mr. Leek gave some background on the project along with orienting the site. He noted the project itselfwas a single-family plat with various lot sizes. The Park and Recreation Advisory Board (PRAB) and the Environmental Advisory Committee (EAC) had reviewed this project, noted Mr. Leek. Mr. Leek stated the recommendations from these two Boards had been incorporated into the conditions of approval in the preliminary and the final plat. Mr. Leek noted that a conservation easement was proposed and approved for this plat because of the feature of the creek that was in this plat. Mr. Leek reported on the letter from Scott County. He noted their comments and their complaint that the correct amount of right-of-way was not given for Marschall Road. Mr. Leek stated the plat does not abut Marschall Road and that made it difficult for the City to require additional amount of right of way from this developer, at this time. Mr. Leek stated when he thought the time would be appropriate to get that additional right-of-way that the County was requesting. Mr. Leek noted the second comment from Scott County talked about the interconnectivity between Beckrich Park Estates and the ACC 2nd Addition. Mr. Leek stated it was the right in and bypass lane to be installed on Barrington Drive/County Road 78 as well as Barrington Drive/County Road 79 that gave the City the problem with this development being adjacent to the roadways. Mr. Leek felt these roadway improvements were needed but these were County Roads and the improvements should be done by Scott County. Mr. Leek noted that Scott County also talked about Hillwood Drive and its interconnectivity between neighborhoods; he noted there were significant limitations with that. Mr. Leek did not think getting an easement to convert the current Hillwood Drive cul-de-sac to a thru road would be very easy to do/get with the existing development nor was it very desirable from the standpoint of the City. It was reported by Mr. Leek that Scott County had not responded to any of the City's comments. In short the City did not think that they could address the County's problems on this section of Marschall Road. Mr. Leek felt the problems of the County were County concerns and could be addressed at a later date. Normally, the City accommodated Scott County concerns but these concerns were outside of this plat. There was slight dialogue regarding Valley View Road extended to 17th Avenue. Mr. Leek stated that as developments are submitted staff has worked to see that the alignment of Valley View Road was followed. Official Proceedings of the April 1 , 2003 Shakopee City Council Page -5- Lehman/Link offered Resolution No. 5875, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of ACC. Second Addition, and moved its adoption. Dale Dahlke, representing Associated Capital, approached the podium and addressed paying the full park dedication when he was preserving a substantial piece of wetland, plus constructing new ponding, providing a conservation easement, and extending some trails. He thought with a conservation easement that some credit should be considered towards the amount of park dedication. Mayor Mars commended Mr. Dahlke for incorporating a trail, conservation easement and wetland into the project. Motion carried 5-0. Lehman/Link offered Ordinance No. 659, Fourth Series, An Ordinance Amending The 2003 Fee Schedule By Instituting A Flat Fee Of$106.00 For Plumbing Permits Effective April 1, 2003. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director/City Engineer, reported on the feasibility report for the 2003 Street Reconstruction Project No. 2003-03. Mr. Loney noted that this project was along 4th Avenue, Viking Steel Road, and Cavanaugh Drive. Mr. Loney noted that this project was broken up into four segments. It was pointed out by Mr. Loney that this was a tough project and extra time had been spent doing the feasibility report because of all the problems encountered with a previous project in this area due to all the rock. Mr. Loney noted the bedrock was very close to the surface in this area and there were some unique things that needed to be addressed. Mr. Loney noted that some more things had come up. Mr. Loney noted there might need to be some modification and some rewriting to the feasibility report before it was accepted. The first segment of Reconstruction Project No. 2003-03 was 4th Avenue, from Naumkeag to Marschall Road, Mr. Loney stated. This segment was to replace some sanitary sewer that was in bad shape, overlay the roadway and extend some sanitary sewer. The cost in the feasibility report summary was $89,000 for this segment. Mr. Loney noted segment two of Reconstruction Project No. 2003-03 was 4th Avenue from Marschall Road to Shenandoah Place. Mr. Loney noted 4th Avenue was an old 24-foot wide ex- County Road with some sanitary sewer services and some water main. It was proposed that Viking Steel Road be renamed to Sarazin Street for continuity purposes. Mr. Loney noted that in the traffic study that had been done, it was noted that traffic on this roadway would increase in the future. Mr. Loney also recommended a trail and a sidewalk on this curb and gutter roadway be installed like other collector streets. This roadway was being proposed as a three-lane roadway with common left hand turns and no parking was recommended for either side. The cost in the feasibility report summary was $1,376,OOO for this segment. Official Proceedings of the April 1, 2003 Shakopee City Council Page -6- Mr. Loney stated segment three was the reconstruction of Viking Steel Road, from 4th Avenue to County Road 101 that was 24 feet wide. Mr. Loney stated that through a court proceeding the 24 feet was all the right of-way that the City had. This roadway had no sanitary sewer and water services or storm sewer and it crossed the Union Pacific railroad tracks. This also was the site for the new Shakopee Public Utilities Administration offices. Mr. Loney noted some of the substantial costs to the City would be the upgrading of the railroad intersection, extension of the water main thru several properties and installing the sanitary sewer along the railroad track to avoid a lift station. The cost in the feasibility report summary was $1,295,000 for this segment. Mr. Loney stated segment four was Cavanaugh Drive, from Viking Steel Road to west terminus at the Union Pacific Railroad Crossing, which was a public road. The bituminous needed to be worked on in this area. Also Mr. Loney was suggesting building a regional storm water treatment and drainage pond in this area. The cost in the feasibility report summary was $76,000 for this segment. Mr. Loney noted the cost ofthis entire project was approximately $2.8 million dollars. The issues to be aware of by the Council are: 1) there would be $1.4 million in assessments, 2) there would be $38,000 for sanitary sewer replacement, 3) there would be $127,000 for building the regional drainage pond 4) there would be $650,000 for tax levy [City picks up 75% and 25% is assessed], 5) there would be $600,000 from the Capital Improvement Fund for trails, railroad crossing improvements and the oversizing of 4th A venue and 6) there would be costs for street lighting, right-of-way, utility easement right-of-way and additional improvements along with a 5 percent contingency as well as 25 percent for indirect costs. Mr. Loney noted some possible funding and loss of funding with the State Legislature for Project No. 2003-03. He stated there are still some funds from the State Aid account from MnDOT that have been transferred to the Capital Improvements Fund and he is looking at possibly advancing some more State Aid Funds. Mr. Loney noted that 4th Avenue as well as Viking Steel Road are on the state aid system and certain improvements for Project No. 2003-03 would qualify for state aid. Mr. Loney noted some of the issues for this project were a timing issue [i.e. purchasing right-of-way]. The costs for the railroad crossing improvements were normally picked up by the City, as well as the oversizing of the Collector Street and sidewalks on collector streets stated Mr. Loney. Mr. Loney pointed out some of the assessment changes and he noted that Council needed to make some policy decisions regarding some of the assessments. It was recommended by Mr. Loney that the collector street as well as the sidewalk on Viking Steel Road not be assessed to the property owners; it should be a City cost. Mr. Loney also noted that the possible undergrounding of electric power would come before the Council again because right now the electric power is above ground in this area. Official Proceedings of the April 1, 2003 Shakopee City Council Page -7- Mr. Loney recommended that he get some input from the Council, come back with a revised report and set a public hearing date for May 20th. He noted the assessments to the property owners were quite high and the assessment to the City was quite high for segment two. Mr. Loney explained the roadway state aid account to Cnd. Lehman and dialogued with Cncl. Joos and Mr. Leek regarding trails in the area and connection points. Cnc1. Link noted that the Shakopee Public Utilities Commission (SPUC) would like to see this project move forward as well as have a meeting between Mr. Lou VanHout, Manager SPUC, Mr. Loney, Public Works, Director/City Engineer and the property owners in the 4th Avenue and Viking Steel Road areas of Project No. 2003-03. There was discussion on the amount of the assessments. Mr. Loney stated he was comfortable that the City was covered with these assessments. He felt he had a good handle on the placement of the bedrock. Cnd. Link recommended a higher contingency amount for this project. Cnd. Lehman saw problems with the size of the assessments, the timing of the tax levy and the undergrounding of the SPUC electric power lines in the bedrock. Mr. Loney responded to Cncl. Lehman by answering he and SPUC did not foresee a problem with blasting bedrock for the undergrounding of the electric power lines and the assessments just needed to go before a public hearing to see what people thought. The issue with the tax levy was if the City could bond for the improvements should 4th Avenue be postponed to wait for the decision by the legislature. It was noted that 4th A venue was really in bad shape and it really needed to get done now. Cncl. Joos wanted Mr. Loney to take a look at the intersections on 4th Avenue to make sure there was proper room for truck turns. Cnd. Helkamp agreed with Mr. Loney that the sidewalks should be a City cost. Cnd. Lehman felt Mr. Loney should go ahead and apply for an advance of the state aid and to put sidewalk on one side of Viking Steel Road and possibly come back at a later date with a trail on the other side of Viking Steel Road. Mr. Loney noted that he had sufficient direction to revise the report and he would bring it back at a later date. Mr, Loney reported on the Vierling Drive Improvements, from County Road 15 to Orchard Park West, Project No. 2002-4. Mr. Loney noted that previously several alignments were brought before the City Council and Council selected alignment three from the alternatives. This alignment would allow a fire station to be built between Lion's Park and the Uppervalley Drainage Way and allow for a small parcel for possible development. Mr. Loney noted that designing of this parcel was now underway and he needed direction as to what should be done with the parcel; does the Council want the City to sell it? Mr. Loney noted the selling of the parcel would help pay for the assessments for this project. Official Proceedings of the April 1, 2003 Shakopee City Council Page -8- Mr. Loney noted he was hesitant with the City being the realtor and the developer. Mr. Loney would like to get bids from developers for the parcel as it is now. Cncl. Link recommended that all the utilities be stubbed in and that the parcel be sold as an undeveloped parcel. He did not want to see the City involved in development. Cncl. Lehman agreed with Cncl. Link. Cnc1. Lehman wanted whoever developed the property to make sure the homeowners knew in advance that there was a potential for a fire station to be constructed next to them. Cncl. Joos would like to see the City develop the property to help offset the cost of Project No. 2002-4. Cncl. Link would like the developer to know a close estimate of the assessments for this land so developers could be informed of this cost prior to their bidding. Cncl. Helkamp liked the idea of seeing what the City could get now for the land and then make a final decision based on that. Mayor Mars would like the parcel sold at the highest price (developed) to help offset the cost of the project. Helkamp/Joos moved to direct staffto work with legal counsel to determine the process the City was going to follow to put the proposed parcel along Vierling Drive out for bids and to go out for bids to see what/if a developer was willing to buy this land for. Motion carried 5-0. Lehman/Link moved to approve the authorizing the payments from the award of commissioners on the condemnation hearings to the property owners on Parcel No.9, 14, 16 and 17 on Right-of- Way Plat No.1 in the City of Shakopee, minus any previous payments made to the property owners for right-of-way acquisition. (Motion carried under the Consent Agenda). Sergeant Flynn stated that the Shakopee Police Department was seeking an amendment to section 10.21 of the City Code pertaining to animal regulations. He noted that language for dangerous dog or potentially dangerous dog was not addressed in section I0.21 of the City Code at this time. Sergeant Flynn noted that the Police Department did need to address a dog of this type last year. Sergeant FlYlm stated that other communities were surveyed for language pertaining to dangerous dogs and potentially dangerous dogs. Sergeant Flynn stated if the proposed language were adopted by Council regarding certain dogs, it was his belief that the citizens affected by these animals would be better served by the Shakopee Police Department in the future. Link/Lehman offered Ordinance No. 660, Fourth Series An Ordinance Of The City Of Shakopee, Minnesota Amending Section 10.21 Of The City Code Pertaining To Animal Regulation, and moved its adoption. Cnd. Joos addressed the invisible fencing issue. Sergeant Flynn noted that the amendment was not directed towards the non-use of invisible fencing. Cncl. Lehman noted he would like information on the dog incidents overall within the City. Sergeant Flym1 acknowledged that there were not many problems with dangerous dogs or potentially dangerous dogs in the City of Official Proceedings of the April!, 2003 Shakopee City Council Page -9- Shakopee. Cnd. Lehman would like to know all the information regarding substantial and great bodily harm. Kevin and Pam Bailey, 8455 Eagle Creek Boulevard, approached the podium and put a personal aspect to the nature of a dangerous dog or potentially dangerous dog. Mr. Bailey explained what this type dog would/could do. Mr. Bailey thought this ordinance amendment allowed the Shakopee Police Department to classify, identify and to take these dangerous animals off the street. Right now there is nothing the Police Department can do until the dog bites. Motion carried 4-1 with Cnd. Lehman dissenting. Cnd. Lehman noted he voted in the negative because he did not have all the information. Lehman/Link moved to ratify the labor agreement between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, representing Public Works, effective January 1,2003 through December 31, 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to ratify the labor agreement between the City of Shakopee and Law Enforcement Labor Services, Inc., representing the Police Officers, for the period January 1, 2003 through December 31, 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to ratify the labor agreement between the City of Shakopee and Law Enforcement Labor Services, Inc., Local No. 279, for the Police Sergeants, for the period January 1,2003 through December 31,2003. (Motion carried under the Consent Agenda). Ms. Cox reported on pull-tab dispensing devices. Ms. Cox noted that the charitable gambling laws allow the placement of vending machines in establishments to allow the sale of pull-tabs. Ms. Cox also noted that persons under the age of 18 were not allowed to gamble. Ms. Cox noted that city staff polled six cities to see how they handled vending machines and if they limited premises permits to establishments that have on-sale or club on sale liquor licenses. She noted none of the polled cities regulated where vending machines were put. The City of Shakopee has II licensed premises permits with all of the establishments being on-sale liquor establishments or club on-sale liquor establishments. Ms. Cox stated the Minnesota Jaycees Charitable Foundation was interested in putting in a pull- tab vending machine, but before they go purchase a vending machine they were interested in knowing if the City was going to continue offering the service or if vending machines were going to be outlawed in the City. Ms. Cox identified four possible alternatives for the City Council. Mark Ewert, representing the Minnesota Jaycees Charitable Foundation, approached the podium and stated that he recalled the Minnesota Gambling Control Board only allowed vending machines for pull-tabs in establishments that sold alcohol. Mr. Ewert stated the business Official Proceedings of the April 1 , 2003 Shakopee City Council Page -10- establishment (Silvers Cue Club, where they are proposing to locate a vending machine) did provide opportunities for persons under the age of 18 to be in the establishment. Mr. Ewert did note that the Minnesota Gambling Control Board did require that the vending machines be located in supervised locations. Mr. Ewert noted that in this situation the employee of Silvers Cue Club would be responsible for the pull-tabs. It was because of the layout of the facility that a vending machine was being considered stated Mr. Ewert. Mark Gruetzmacher, gambling manger for the Shakopee Lion's Club, approached the podium and stated it was his understanding that pull-tabs would be in liquor establishments and needed to be in plain view of bartenders or employees. The Shakopee Lion's Club was looking into the possibility of putting a vending machine into the KC Hall. He noted the issues involved with this idea. There was a concern that Silver's Cue Club allowed persons under the age of 18. Ms. Cox was not of the understanding that the sale of pull-tabs were limited to establishments that sold liquor. There was discussion on the control of a vending machine. Ms. Cox stated that if it is the case that vending machines are limited to on sale liquor establishments then no changes would need to be made to the ordinance. If this was not the case then an amendment to the ordinance would need to be made by the City Council. Ms. Cox stated that this could be followed up on. LehmanlHelkamp moved to prohibit the sale of pull-tabs to all establishments except those who also hold an on sale liquor license and allow vending machines. Ms. Cox noted that area churches get temporary liquor licenses and a gambling permit so they can sell pull-tabs at their festivals. Mayor Mars was opposed to vending machines; he felt human control was an important control. Motion carried 4-1 with Mayor Mars dissenting. Lehman/Link offered Resolution No. 5876, A Resolution Changing the August 5, 2003 City Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5872, A Resolution Of The City Of Shakopee, Minnesota, Approving Premises Permits For The Shakopee Lions Club, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the April I , 2003 Shakopee City Council Page -11- Lehman/Link moved to authorize the appropriate officials to sign the "Recycling Program Agreement" for 2003 by and between Scott County and the City of Shakopee. (Motion carried under the Consent Agenda). Mr. McNeill felt this might be an appropriate time to tour the fire stations with City Council having discussion regarding remodeling the current fire station to increase its use for five more years by the Fire Department. It was noted that the tour of the two fire stations would probably take about 90 minutes. Cncl. Lehman pointed out that those going on the tour might want to bring along the report done in 2000 on the condition ofthe building used for fire station no. 50. There was consensus to have the tour April 23, 2003 at 6:00 p.m. Mr. McNeill will get back to the council members with the meeting place. Mayor Mars did note that he received two phone calls regarding the workshop held March 31 , 2003. The residents felt the City was moving in the right direction. (The workshop was about building materials and design standards.) Lehman/Link moved to adjourn to Monday April 7,2003 at 7:00 p.m. The meeting adjourned at 9:27 p.m. Motion carried 5-0. ~J.~ ~ithS. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 7, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkamp present. Also present for the Planning Commission were: Deb Amundson, Steve Clay, Mike Willard, Gayl Madigan and Ryan Magin. Also present for the Environmental Advisory Committee were: Steve Menden, and Kathy Gerlach. Also present for the Economic Development Advisory Committee was Jeff Jansen. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator and Mark McQuillan, Natural Resources Director. Mr. Leek introduced Mr. Allen Brixius, AICP of Northwest Associated Consultants (NAC), to give a presentation on proposed changes for the Comprehensive Plan Update for the Downtown District and the Riverfront/First A venue District. Mr. Leek noted the Council was having this workshop on these two sections to allow more time to go over the proposed update and make changes. Mr. Leek stated that the intent of this process was tomake this document a "City Document" not a NAC document or a staff document. Mr. Leek gave an overview as to why the City was doing an update to the Comprehensive Plan. Mr. Leek noted that the areas south of Hwy 169 were developing rapidly and there was no good land end use plan or staging. The second reason stated Mr. Leek, was that in the older portion of the City of Shakopee:there--are- some very important areas and these areas required a look be taken for potential long-term, redevelopment, strengthening. Mr. Leek stated there were five areas that were identified in the NAC report for potential redevelopment. According to Mr. Leek, what was being proposed was fairly aggressive. Mr. Leek noted that future land use in areas would betalked about along with the current uses so planning could be done for the future. Mayor Mars noted that along with the joint meetings that would be held with the City Council and various commissions there would be open houses regarding this plan and comprehensive update, public hearings at the Planning Commission level and then adoption of a comprehensive plan by the City Council and the Metropolitan Council and then the adoption of the Update of the Comprehensive Plan. Mr. Brixius, of Northwest Associated Consultants, approached the podium to discuss the Downtown District. He noted that, at this time, the NAC document was a draft document so further changes could be made by the residents and the Council through various means. Mr. Brixius noted that the City was going through many changes with the Hwy 169 bypass. He noted approximately 900 acres has been identified for future commercial growthaiongCR. 18, CR. 83, CR. 17 and Hwy 169. He noted these new commercial areas would influence the older community. Mr. Brixius noted that new retailers were looking for a site to accommodate their contemporary buildings with as much parking as possible and with freeway access. Mr. Brixius noted that with Scott County's Comprehensive Plan, it was felt that Shakopee was going to continue to grow geographically and to grow with population. Official Proceedings of the April 7, 2003 Shakopee City Council Page -2- Mr. Brixius noted that he was directed to look at four target areas. The enlarged west end area was one of the target areas. Mr. Brixius noted that it became critical for NAC to look at this area in a much larger fashion with the orderly annexation agreement with Jackson Township and the Hwy 169/CR. 69 intersection. Mr. Brixius noted the downtown area had also been expanded as a result of discussions with various people in Shakopee (Rahr Malting). Mr. Brixius noted that the Riverfront area was also expanded through interviews and conversations. The issues identified in the downtown area are: 1) the downtown area is historical not contemporary like new retailers want to see, 2) there is a mix of single-family residential housing along with commercial, 3) how these homes could be acquired and an opportunity for redevelopment, 4) the existing single-family homes are a non-conforming use and it is extremely difficult to obtain mortgage money for remodeling or fix-ups), 5) opening of Fuller Street along with its signalization, 6) possible loss of the 169/69 intersection, 7) recognition that the City would need,to get involved politically as well as financially for this area to be successful. Mr. Brixius noted there could also be some private/public partnerships to help the downtownarea..._ Mr. Brixius noted the new courthouse was a major anchor in the downtown area. Vision Shakopee was also seen as a vital group for the downtown area. There were several existing or contemplated projects in the downtown area. These are: 1) the new library, 2) the River City Centre, 3) the new Courthouse, 4) the new jailS) opportunity with the County HRAfNorthridge- senior housing] and 6) creation of a new Huber Park to name a few. Mr. Brixius noted this was seen as a commitment of the City to put new money downtown for redevelopment. All of these projects bring people downtown to see and spend money. The land use plan approached the downtown with a fairly traditional strategy. Mr. Brixius noted that certain areas downtown were proposed to be opened up for all commercial. There are approximately two blocks with historical single-family homes and it was proposed that these be looked at for preservation or possible office use. First A venue was seen as the major corridor through the community and Huber Park was seen as a major attraction with parking for it and the City Center. The area thatRahr Malting occupies was recognized byNAC as an on going industrial area. This industrial area was seen for Rahr Malting expansion or other industrial uses complimentary to the downtown. One ofNAC's specific recommendations was to relocate the Post Office and then to make this land occupied by the current post office commercial. Mr. Brixius stated to provide market support for the downtown area NAC was looking at utilizing the single-family home sites and marginal commercial along the First Avenue corridor for high density residential. To take advantage of the river corridor NAC suggested using a more vertical development trend. Mr. Brixius noted when redevelopment took place more density was needed to offset the cost of development. Mr. Brixius noted there were opportunities to acquire parcels for redevelopment when they became available for sale through a program know as land banking. This land- banking program can be used over a period of time and the land could then be acquired on a Official Proceedings of the April 7, 2003 Shakopee City Council Page -3- voluntary basis. The land banking participation could possibly be a public/private participation. Mr. McNeill did note that traditionally the City has not used this process but Scott County had. Mr. Brixius noted that NAC was looking at the downtown as a reinvestment and a redevelopment. The downtown was looked at as an important piece of the overall City of Shakopee. Commercial development was being concentrated on in areas where there were already supportive land uses and the maintaining of the current industrial areas were being looked at. A gateway treatment was being looked at coming into downtown across the bridge with the use of landscaping or architectural feature as well as the corner a gateway location at the intersection of 69 and 1 sl A venue. Mr. Brixius stated that the architectural guidelines for historic Shakopee should be continued downtown and along 1 sl A venue; there also needed to be shared parking downtown. Mayor Mars noted that over the years the City has done some of the things sllggested of the NAC report. However, Mr. Brixius noted that the City needed to be more aggressive now, and ifthe City wanted protections regarding redevelopment areas, these protections co:uld be written into the plan. Cnd. Lehman wanted to see some mixed use protection written in for thel sl Avenue corridor/downtownareajust in case the west end became viable again commercially. Mr. Brixius noted that this would be worked on. The intent of the NAC report was to get a more contiguous land use pattern in the downtown/first avenue corridor. Mr. Brixius and Mr.~Leek explained an interim use arrangement and some of its positives versus a non-conforming use. Cnd. Link noted that he would really like to see redevelopment on the post.offic~blQcknow. The facility was really out grown and he felt redevelopment would really compliment the downtown area. Mr. McNeill noted that this could be followed-up to see if it was appropriate for the City to get involved. Mr. Snook responded that the post office property was leased property . Commissioner Clay noted he was concerned about parking in the downtown area. encl. Joos also suggested a shuttle service for a possible parking solution. Mr. Leek dovetailed onthe shuttle service idea. Parking did appear to be a big problem downtown and Mr. Brixius noted that this parking issue was being looked by NAC. There were other questions and comments from the other committees regarding the Downtown District. Mr. Brixius stated the First A venuelRiverfront District was extended to go past Dangerfield's Restaurant on the west end. This district's east/west boundaries are basically from therailroad tracks on the south and the river on the north. A number of issues were raised through interviews and conversations with the community. Some of these issues were: l}high density housing in the area to take advantage of the river views, 2) the area was identified as having a variety of unrelated commercial uses, 3) there are a number of single-family homes with issues for getting loans [legal non-conforming uses], 4) many people thought this area was an extension of downtown, 5) concern of the contradiction of land use of the existing mobile home' Official Proceedings of the April 7, 2003 Shakopee City Council Page -4- park next to Dangerfield's Restaurant and 6) the by-pass taking traffic off ofHwy 101 and 15t Avenue. Mr. Brixius noted the land use plan he was suggesting had a significant change in the land use. There was the downtown area and the Marschall Road area that were looked at as commercial nodes. It appeared the down area had hospitality uses, many car dealerships that may belong elsewhere (like by the by-pass) that are currently intermixed within residential and commercial land uses. The proposal was to change some land use to high and medium density residential perhaps looking at a pun to accomplish this. Mr. Brixius did note that the south side of 1st Avenue would be harder to redevelop because the size of the blocks' and lots were constricted by the railroad tracks. He noted that high and medium density was looked at to provide support for the commercial areas. He noted thatNACwaslooking at reducing the setbacks and pushing the buildings forward on 15t Avenue. The parking would be provided off of 15t A venue between the buildings with a curtain wall t<Ylessel1 the visual impact of a parking lot. Second A venue would be utilized as a second access point as well as a service area. Mr. Brixius noted the utilities in the alleys may dictate the depthofthebuildil1gs. There would be awalkable streetscape alongpt A venue that would be accented with landscaping and provide a connection to the residential components in the area that would wind down Marschall Road providing continuity. Cnc1. Lehman had a concern that some commercial was being replaced with high density residential and yet these residents still needed the services of this commercial. There was a general concern that high and medium density may not be appropriate for downtown. Mr. Brixius responded to this concern. Mr. Brixius stated that if the City didn't change the land use the City would continue to get the status quo. Mr. Brixius stated the City needed to make some policy decisions regarding the land use. The high density of 17 to 20 units per acre was needed to make the redevelopment financiallyfeasible, according to Mr. Brixius.Mr. Leek notedthatif this density were to happen then some changes to codes needed to be made because right now this' amount of density was above the City's density threshold. There was discussion on the land use in the downtown area. Mr. Brixius noted that this was by far the hardest area to redevelop because of all the different uses and because of the physical constraints in the area. Commissioner Clay felt more creativity was needed. Mr. McNeill would like to see greater setbacks and more separation between pedestrian and vehicle traffic. He would like this district to be looked at creatively perhaps with linear developments because of the maintenance problems with a narrow streetscape. It was noted that historically Downtown Shakopee had never been pedestrian friendly and something was needed to make the residents feel safe in walking the Downtown area. There was some discussion on residential developing by the river to take advantage of that amenity. Official Proceedings of the April 7, 2003 Shakopee City Council Page -5- Mr. Leek wanted to see something done perhaps not this plan but something. If nothing were done the cost of redevelopment would only get greater. Mr. Leek would like to see at least a template in place of where we want to go. Mayor Mars thought more open houses might be needed to discuss this issue more in depth. Mr. Leek noted that this would be followed-up and would come back at a future meeting. Cnc1. Link would like to see some historical standards along 1 sl A venue, if we are thinking about redevelopment. Mr. Brixius wanted the land uses to be thought about. He noted this area was not an industrial area; he could come up with a plan for mixed uses if this is what was wanted. This district needed to be looked at with the overall City in mind. Helkamp/Mars moved to adjourn to Monday April14, 2003 at 5:30 p.m. Motion carried unanimously. The meeting adjourned at 9:00 p.m. JiLJ. 0/ U;th s. Cox City Clerk CarOle Hedlund Recording Secretary