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HomeMy WebLinkAbout7. Approval of Minutes: February 04, and 18, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 4, 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, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Paul Snook, Economic Development Coordinator; Jim Thomson, City Attomey; Mark Themig, Facilities and Recreation Director; Dan Hughes, Chief of Police and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. The following item was added to the agenda. 15.CA Letter of Support for Federal Funding for County State Aid Highway 21. Joos/Link moved to approve the Agenda as amended. Motion carried 5-0. A moment of silence was observed for the Space Shuttle, Columbia disaster. Mayor Mars extended a thank you to all citizens who applied for positions on Boards and Commissions for the City of Shakopee. Mayor Mars noted that he and Cncl. Joos attended the Conference for Experienced Officials put on by the League of Minnesota Cities and he noted the conference was very helpful. Mayor Mars noted that February 6, 2003 he would attend a presentation put on by the chairman of the Mayors Regional Housing Task Force. Mayor Mars noted' he was on tIns Task Force this summer and the Chairman of this Task Force will give this full presentation to the Association of Metropolitan Municipalities. The following items were added to the Consent Agenda. 15.CA Letter of Support for Federal Funding for County State Aid Highway 21 and 15,F.3 Set City Council Workshop. Joos/Lehman 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. John Schmitt, 1015 S. Main, approached the podium and asked if the parking situation could be studied at 11 III and Spencer Street. He would greatly appreciate some better sight lines. Mr. Loney, Public Works Director/City Engineer, noted he would follow up on this request. Joos/Lehman moved to approve the meeting minutes for November 12, 14, 19,26, and December 2, 2002. (Motion carried under the Consent Agenda). Official Proceedings of the February 4, 2003 Shako pee City Council Page -2- Joos/Lehman moved to approve the bills in the amount of$195,130.68 plus $53,274.17 for refunds, returns and pass through for a total of $248,404.85. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one 1110nth following approval. Mayor Mars opened the public hearing on the proposed vacation of easement North of County Road 42 and East and West of County State Aid Highway 17 (Welch Property). Cncl. Link abstained from discussion and voting on ti1is issue because this vacation related to land owned by a family member. Mr. Leek rep0l1ed on the proposed blanket easement vacation on the Welch propeliy. Mr. Leek gave each Councilor a copy of the report received late this afternoon from Larry Samstad, Itasca Engineering on the rationale of the size easement (50 feet by 100 feet) that Mr. Samstad thought was necessary to be retained by the City. Mr. Leek gave some background on this issue. He noted this was a request to vacate a blanket drainage and utility easement that was placed on the Boldt property and now sold to the Welch's. This easement occurred when Weinandt Acres was platted. Mr. Leek noted that in October the Council directed individual notice be provided ofthe public hearing to the property owners in Weinandt Acres. Mr. Leek noted that included with the notice of the public hearing was a waiver to each prope11y owner to sign if they had no objection to the proposed vacation. Mr. Leek stated that staffwas also directed to determine just how much easement needed to be retained for proper drainage, Mr. Leek noted that he did talk with Scott County regarding the size easement that the Welch's originally wanted retained. Scott County was uneasy about that size easement The proposed easement now is satisfactory to Scott COlU1ty regarding drainage from 17th Avenue. The City's concern is the drainage from the adjacent properties. Mr. Leek was not sure that the proposed easement for drainage received this afternoon was acceptable to the City at this time. Mr. Leek felt more communication with Mr. Samstad and City staff would be needed. Julie Welch, 2700 Santee Trail, Prior Lake, approached the podium and noted that she and her husband hired Larry Samstad, a civil engineer who specializes in water, to come up with and easement proposal. Ms. Welch introduced Mr. Samstad and asked him to present his findings. Mr. Larry Samstad, Itasca Engineering, approached the podium. He stated he wanted to make this easement simple. He stated that the easement needed to be scaled back to something reasonable; right now the easement was over the entire site, Mr. Samstad noted where the culverts are and the drainage from Weinandt Acres onto the Welch property. Mr. Samstad stated that the only reason for the drainage easement was the modification of 29tl1 Avenue and the drainage on that one spot of the Welch property. Mr. Samstad thought that when Welch's property was re-platted then additional drainage easements could be taken if they were needed, Mr. Samstad pointed out that there was one area that drained on to the Welch's property where there was no easement. Official Proceedings of the FeblUary 4, 2003 Shako pee City Council Page -3- Mr. Samstad noted it was the road that kept the water from Weinandt Acres from spreading on the property. He noted that there were some ponding areas to take care of the impervious water flow. Ms. Welch approached the podium to clarify that she did not intend to develop the land. They plalmed on building one single-family home. She noted that she also planned on giving the City of Shakopee a "Hold Harmless Agreement" for water that did lUn on to their property from Weinandt Acres. Mr. Thomson, City Attorney, noted the purpose of the current easement was to allow drainage from Weinandt Acres to go on to the Boldt/Welch's property. The question was what did the City need to keep for an easement to ensure adequate drainage from Weinandt Acres on the Boldt/Welch property. Harry Weinandt, 1259 Maxine Circle, approached the podium and stated how that easement canle about. Mr. Weinandt noted the City said he had to have an easement for drainage when he was developing Weinandt Acres. The City now says a 250 feet easement is needed for drainage and utilities. Mr. Weinandt noted that there were wetlands within the 250 feet easement. Colleen Zastrow, 2910 Marcia Lane, Weinandt Acres, approached the podium with some concerns. She would like the opportunity to explore the wetland delineation and perhaps an opportunity to get a hydrological analysis done. She noted that there was a partial wetland in the northeast comer of her property (she is located south ofthe Boldt/Welch property). She was also concerned about the health of Lake O'Dowd with a smaller easement. She agrees with a 250-foot easement. Emmy Schneider, 1577 Nike Court, approached the podium with some concerns, Ms. Schneider stated ifthere is no change why are we here? What if the Welch's should sell this property and some one else develops? She suggested taking the blanket easement off of the home site and but leave the easement in the lowlands for the protection of all the homes in the area. Mr. Samstad again approached the podium to explain the culvert under 29th Avenue. Mr. Loney commented on the easement and where the water flowed into the wetlands. Mr. Loney also noted that there were two areas of water that came from Weinandt Acres that flowed onto the Boldt/Welch property. Mr. Loney noted that Mr. Samstad stated tonight that there were some areas where an easement was not needed because that is the way the water always has flowed, Mr. Loney felt the City had all the easement that was needed for drainage, He was just trying to protect the taxpayers. There was some discussion on leaving the easement over the wetlands. Official Proceedings of the February 4, 2003 Shako pee City Council Page -4- The City Attorney, as well as, the City acknowledge that they did not need a blanket easement but some kind of easement was necessary; the question was how much less of an easement. This information from Mr. Samstad was received late today and time is needed by the City to examine this information. Mr. Thomson felt some type of easement could be alTived at with the Welch's along with a hold harmless agreement. The City Attorney noted he would put something together that could be reconunended. There was a second issue on the Boldt/Welch property and that was: the easement that was originally granted was granted not only to the City but also to Mr. Weinandt and his successors and that is why the waivers were sent to the property owners. Joos/Lehman moved to close the public hearing. Harry Weinandt approached the podium and noted that the property owners in Weinandt Acres would not sign the waiver as the easement is requested now. Mr. Thomson noted that the easement was granted to Mr. Weinandt and his successors and getting the "new" easement recorded properly was between the Welch's and Mr. Weinandt and his successors. The City would help facilitate this process but it was not up to the City to finalize that portion. Motion carried 5-0. Joos/Lehman moved to direct staff to prepare a resolution of vacation for action at the February 18th meeting, retaining an easement as negotiated between the City Attorney, engineer for the City of Shako pee and the Welch's engineer. Motion carried 5-0. Mayor Mars opened the public hearing on the Petition from Marystown, LLC for Annexation of Certain Lands in Jackson Township. Mr. Leek reported on the petition from Marystown, LLC for Annexation of certain lands located near the southeast quadrant of Marystown Road (CR-15) and State Highway 169. Mr. Leek stated this land is near the land that was annexed into the City of Shakopee recently from Jackson Township. Mr. Leek noted that the Planning Commission had heard this petition and the Planning Commission recommended that this proposed annexation proceed. Mr. Leek noted that certified public hearing notices had been sent out but that Jackson Township had not had time to schedule a review on the petition from Marystown, LLC for annexation of certain lands and Jackson Township would like to review this proposed annexation before it moves forward. Mr. Leek recommended that the petition be continued so Jackson Township could review this proposal but Mr. Leek stated that he felt a draft ordinance could be brought before the City Council in a few weeks. Mr, Leek noted that ifthis property were annexed then the City's Comprehensive Plan would have to be amended after it has been determined what the guiding of the property should be. Official Proceedings of the February 4, 2003 Shako pee City Council Page -5- Mayor Mars asked for comments from the audience. There were none, Lehman/Joos moved to continue the public hearing to February 18,2003. Motion carried 5-0. CncL Lehman noted he attended the Park and Recreation Advisory Board Meeting (PRAB). He stated the PRAB is looking at reducing fees for those eligible for financial assistance to allow equal opportunities for all. Cncl. Lehman also noted that a potential satellite Fire Station was discussed for a section of Lion's Park with five different sets of plans being looked at. CncL Lehman noted that option three was probably the best plan from the City's standpoint and finances. Cncl. Lehman stated that he attended a neighborhood watch with residents from the County Road 16/g3 area and was impressed with the vision of five separate neighborhoods wanting to help their neighborhoods with crime watch. Cncl. Lehman thanked officer Cody Horner for trying to help these residents prevent crime in their neighborhoods. Cncl. Lehman also attended the Vision Shakopee Meeting and stated rather than having a large Special Taxing District, Vision Shakopee was now discussing have a Central Downtown Historic area. Cncl. loos stated he attended the School Board Meeting. He also stated that he did attend the League of Minnesota Cities conference for elected officials. Cncl. loos noted that he did take a tour of the new library with the library Board and noted that the new library was coming along quite nicely. Cncl. Link stated he attended the Shakopee Public Utilities Commission (SPUC) Meeting. Cncl. Link noted that the design of the new SPUC building was discussed. Cncl. Linle noted the judge had not yet agreed on a purchase price for the land for SPUC's new building but details on the building were moving forward. Cncl. Helkamp noted he attended the Board Meeting for the Convention and Visitors Bureau and compared the year end report to the 2003 budget to make sure it was valid and Cncl. Helkamp stated it appeared that it was valid. Joos/Helkamp moved to recess for the purpose of conducting the Economic Development Authority Meeting at 8:08. Motion carried 5-0. Mayor Mars re-convened the City Council Meeting at 10:49 p.m. Joos/Lehman moved to approve and adopt the new Fee Reduction Program as recommended by the Parks and Recreation Advisory Board and outlined in the February 4, 2003 memo from the Recreation Supervisor. (CC Document No. 333) (Motion carried under the Consent Agenda). loos/Lehman offered Resolution No. 5846, A Resolution Of The City Of Shakopee Denying A Request To Amend The 1999 Comprehensive Plan Update By Re-Guiding Outlot D, South Official Proceedings of the February 4, 2003 Shako pee City Council Page -6- Parkview 151 Addition From Single-Family Residential To Medium Density Residential, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Lelunan moved to accept the recommendation from the Economic Development Authority (EDA) and accept an application for Business Subsidies (for tax abatement) from Ryan Companies US Inc., contingent upon Scott County's approval of an abatement request by Ryan, and direct staff to initiate negotiation of a Master Development Agreement with Ryan and Scott County which would specify the terms under which tax abatement would be .used to finance, in part, the proposed West Dean Lake mixed use development. Cncl. Lehman noted that the City Council with this motion was not agreeing to abate this project. The City Council was just accepting the application. - Motion carried 4-1 with Cncl. Link dissenting. Mr. McNeill clarified when the public hearing would take place on this tax abatement proposal. He noted that staff would begin negotiations on a Master Development Agreement and when staff thought the agreement was okay they would then bring it back before the City Council and the City cOlmcil would then decide if they thought the agreement was good enough. If the Council decided this agreement was good enough then a public hearing would be set. Joos/Lehman offered Resolution No. 5851, A Resolution Accepting Work On 171h Avenue, From Sarazin Street To Y2 Mile East of Sarazin Street And For The Extension of Sanitary Sewer, From Trunk Sewer SS-H Westerly; For The Extension ofWatermain, From French Trace 151 Addition To 17th Avenue and Sarazin Street; And For A Trunk Storm Sewer, From 17th Avenue to Mn/DOT Linear Pond Project No. 1998-5, and moved its-adoption. (Motion carried under the Consent Agenda). Joos/Lelunan offered Resolution No. 5852, A Resolution Accepting Work On County State Aid Highway 17 Landscaping Project No. 2000-9, and moved its adoption. (Motion carried under the Consent Agenda). Link/Joos moved to recess at 10:55 p.m. Motion carried 5-0. Mayor Mars re-convened the City Council Meeting at 11 :08 p,m. Mr. Loney reported on the designs for Vierling Drive from County Road 15 to Orchard Park West PUD, Project No. 2002-4. Mr. Loney stated that there were several designs because of concerns regarding a Fire Station located in the backyards of residents. The City hoped to build a Fire Station in Lions Park on the west end of town. Mr. Loney noted that the land for Lions Park had a deed that had no restrictions on it. Mr. Loney noted there were three designs in the packets, He explained each option. Official Proceedings of the February 4, 2003 Shako pee City Council Page -7- Mr. Loney noted that a feasibility study had been done on option one because this option was the original design with the Upper Valley Drainage way alignment staying as originally planned. He noted that the feasibility study showed that a Fire Station would fit in the area, In option two the Upper Valley Drainage Way was relocated at an additional cost and the aligmnent of Vierling Drive needed to be changed to allow access to the area. This new alignment caused a change in the configuration of a lined ponding area with some more additional cost to the taxpayers. Option three changed the alignment of Vierling Drive so the Fire Station placement could be moved to the west and a section of the parcel could be utilized to create a five lot subdivision, the amount of right-of-way would be reduced that would be needed to construct Vierling Drive, and a parking lot could possibly receive double use. This option had benefit for the Fire Department, as well as, Lions Park. - Mr. Loney noted that the Fire Chief reviewed all options and selected option three as the Fire Departments preference. The Park and Recreation Advisory Board (PRAB) also reviewed the options and they were okay with option three. The PRAB did comment that if a subdivision was done, that money (at least a part) should be put back into the Park Fund. Mr. Loney notified the property owners to the south, because with the realigmnent of Vierling Drive there would be a more limited roadway access to a parcel to the south, The developer for this parcel had not gotten back to Mr. Loney with comments on this new alignment at this time. There was discussion on the proposed five lot subdivision. Cncls. Link, Lehman and Joos preferred option three also. Mr. McNeill noted that he did receive a call from Steve, one of the neighbors to the east, and his preference was option number 2. Lehman/Helkamp moved to recommend option three to staff as the preferred design to be used for the Vierling Drive improvement project, from County Road 15 to Orchard Park West PUD Project No. 2002-4. Jerry Hennen, County Commissioner, approached the podium and stated that he did get one call. Mr. Hennen asked if the Lions could get a blueprint of where the Fire Station was going to go so they could continue developing their park. The southerly development of Lions Park had been waiting to see where Vierling Drive was going to go and for access; now they could move forward with the park development. Mr. McNeill noted that if it were okay with the Council, he would speak with BKV to see if they would do a citing analysis to serve the Lion's Club purpose. Motion carried 5-0. Official Proceedings of the February 4, 2003 Shakopee City Council Page -8- J oos/Lehman moved to authorize the Mayor of Shako pee to sign a draft letter of support endorsing the County State Aid Highway 21 Project, From County State Aid Highway 42 to Trunk Highway 169 and to request Federal funding. (Motion carried under the Consent Agenda). Joos/Lelunan moved to approve the two-year towing contract with Shakopee Towing for City towing service, effective February 4,2003. (Motion carried under the Consent Agenda). Joos/Lehman moved to declare the following vehicles: 1985 Chevrolet Van, VIN #IG8DMI5N4FBI42293, Plate # DXRI44, 1989 Buick, VIN # IG4CW54C3K1637440, Plate # GZWSS9 as surplus property. (Motion carried under the Consent Agenda). Joos/Lehman moved to authorize the appropriate City officials to enter into the D.A.R,E. Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 2002-2003 school year. (Motion carried under the Consent Agenda). Mr, McNeill reported 011 the 2003 interim full-time non-contract pay plan. Lehman/Helkamp offered Resolution No. 5843, A Resolution Amending Resolution No. 5838 Which Adopted The 2003 Interim Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and moved its adoption. Cncl. Lehman's motion referred to version 2 where he was authorizing a 3% cost of living increase. Motion carried 5-0. Joos/Lehman moved to authorize the hiring of Corey Schneck as a probationary police officer at a monthly rate of$3,260.75, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried tmder the Consent Agenda). Joos/Lehman moved to increase the records clerk position from one-half time to full time, promote Lori Hensen from receptionist/records clerk to full-time records clerk at Step 2 of Grade 2 of the 2003 Pay Plan and to authorize the hiring of Anita Davis as part-time receptionist at Step 1 of Grade 1 of the 2003 Pay Plan, subject to successful pre-employment physical, background and credit checks. (Motion carried under the Consent Agenda). Mark Themig, Facilities and Recreation Director, reported on filling the facility maintenance position, which has been vacant since the death ofMr. Fuller. Mr. Themig noted that there are several building issues that will need to be addressed because this position has not been filled. This position was trying to be done using current City staff but it was just not working. Mr. Themig stated that a plan had been put together to consolidate the cleaning of City facilities under the direction of one person, Mr. Themig was recommending that the current position of the building maintenance worker be updated to a lead maintenance worker and that this position would report to Parks and Recreation. Official Proceedings of the February 4,2003 Shakopee City Council Page -9- Mr. Themig thought this would actually be a benefit to the City. Mr. Themig acknowledged that the impact to the City's payroll by upgrading this position and hiring an external candidate would be about $2200. Mr. Themig noted that if an internal candidate were hired this could actually be a decrease to the City's payroll with the budget impact being around $1000. Mr. Themig also recommended that a vehicle be assigned to this position. The City has two excess vehicles that have been identified to serve this person. Cncl. Joos recommended the 1992 GMC Sonoma be selected for use for this position. Mr. Themig recommended an internal posting of the Facility Maintenance Lead Worker position. Lehman/loos moved to authorize the elimination of the vacant Building Maintenance Worker position, and moved the creation of the Facility Maintenance Lead Worker and approval of the position description and moved to advertise internally for the position. Motion carried 5-0. (CC Document No. 332) loos/Lehman moved to malce the following nominations to Boards and Commissions: (Motion carried under the Consent Agenda). Board and or Commission Number of Candidates * Incumbent Openings Shakopee Public Utilities One Marschall Walker, Brian Young, Noreen Duffy Commission Police Civil Service One Stan Von Bokern*, Steven Hoppert, Douglas Commission Forsman Economic Development Three Jeff Jansen*, Marschall Walker, Barbara Felber, Advisory Committee Noreen Duffy Park and Recreation Advisory Two Jim Dorenkamp*, Dave Vosejpka*, Brian Board Madden Transit Commission Five Eldon Reinke * , Marschall Walker Building Code BOM & Three Gene Juergens* Housing Advisory and Appeal Board Board of Review Two Brian Call *, Eldon Reinke* Official Proceedings of the February 4, 2003 Shakopee City Council Page -10- Plamung Commission Two Deb Amundson*, Gayl Madigan*, Marschall Walker, Matthew Masica Telecommunications Advisory One Benjamin Adams * , Don McNeil, Noreen Duffy Commission Environmental Advisory Two Kathy Gerlach *, Jim Tumwall * Committee Joos/Le1mla11 moved to approve the appointment of Joe He1kamp and Michael Leek as Shakopee representatives to the Scott County Transit Conunittee. (Motion carried under the Consent Agenda).- Joos/Lehman moved to set a workshop date of March 11,2003 at. 6:00 p.m. for the purpose to consider HRA development a11d the First Avenue COITidor Study. (Motion carried under the Consent Agenda). Mayor Mars recessed the Council meeting at 11 :40 p.m, to go into an executive session to discuss labor negotiations. Mayor Mars re-convened the meeting at 12:07 a.m, and stated that no action was taken during the executive session. Lehman/Helkamp moved to adjoum to Tuesday, February 18,2003, at 7:00 p.m. Motion calTied unanimously. The meeting adjourned at 12:07 p.m. ~.JAJ.~ (:lith S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 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, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; Gregg Voxland, Finance Director; Mark McQuillan, Natural Resources Director and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. The following item was added to the agenda. 15.F. 7 Resignation of Tim Williams from the Park and Recreation Advisory Board. The following items were deleted from the agenda. 15.A.2 Final Plat of Westchester Estates located east of County Road 79 and south of 17th A venue and 15.F.l Appointments to Boards and Commissions. LehmanJLink moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars reported that The American Council of Engineering Companies honored the City of Shakopee, Scott County, WSB & Associates and S.M. Hentges for the design and build out of County Road 83 and County Road 16 building and improvements. Mayor Mars had a plaque to honor these entities that had pat1icipated in the County Road 16/83 project. The project was identified as being on schedule with the feasibility stage and final construction and on schedule with the costs. Mayor Mars also noted that on February 16,2003 he attended a presentation of the Metropolitan Council Mayor's Housing Task Force report made to the American Metropolitan MWlicipalities. Mayor Mars also noted that he met with some residents regarding the Ryan project. It was also reported by Mayor Mars that beams for the pedestrian bridges had been installed. Mayor Mars noted that there will be a debriefing held by the League of Minnesota Cities on February 26, 2003 regarding the Governor's budget proposals. The following item was added to the Consent Agenda. 15,F.7 Resignation of Tim Williams from the Park and Recreation Advisory Board. The following item was removed from the Consent Agenda. 15.A.l The proposed Vacation of Easement North of County Road 42 and East and West of County State Aid Highway (CSAR) 17 (Welch Property). Official Proceedings of the February 18,2003 Shakopee City Council Page -2- Lehman/Joos 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. Lehman/Joos moved to approve the meeting minutes for December 3, 10, 17,2002 and January 7,2003. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the bills in the amount of$1,278,038.27 plus $141,995.61 for refunds, returns and pass through for a total of$1,420,033.88. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval. Mayor Mars opened the public hearing on the Petition from Marystown LLC for Annexation of Certain Lands in Jackson Township continued from 2/4/03. Mayor Mars noted that a modification would be made to the agenda to allow this issue to come before the Council later tonight. Steve Soltau, representing Marystown LLC, approached the podium and noted that this issue is before the Jackson Township Board right now and requested that this item be tabled until later tonight. Mayor Mars opened the public hearing on the Proposed Vacation of Polk Street Lying South of 10th Avenue. Mr. Leek reported on the request by Valley View Baptist Church to vacate right-of-way for Polk Street Lying South of 10th Avenue. Mr. Leek oriented the subject property, Mr. Leek noted the right-of-way for Polk Street to the south of this request had preciously been vacated and there was no need to extend Polk Street. Valley View Baptist Church would like to expand in the future and thus the request for the vacation of right-of-way for Polk Street south of lOth Avenue. Mr. Leek stated that it was recommended however, that a drainage and utility easement be retained because there are City utilities in this area. Mr. Leek stated that the Plmming Commission did review this proposal and did recommend unanimously the approval of the vacation with the retention of a drainage and utility easement. Mr. Leek noted that this condition is set forth in draft Resolution No, 5855. Ron Mayer, Trustee for the Valley View Baptist Church, approached the podium and noted that the Church would appreciate the land for future expansion purposes. He noted the church continues to grow. Official Proceedings of the February 18, 2003 Shakopee City Council Page -3- Mayor Mars asked for comments from the audience. There were none. Helkamp/Link moved to close the public hearing. Motion carried 5-0. LinkfLehman offered Resolution No. 5855, A Resolution Of The City Of Shako pee Vacating Of Right-Of- Way (Polk Street) South Of 10th Avenue and North Of Lot 13, Block 1, Milmesota Valley 7th Addition, and moved its adoption. Motion carried 5-0. Mr. McNeill, City Administrator, noted that the New Trunk Highway 41 River Crossing Study Presentation would be given later tonight at the request of the applicant. Cncl. Lehman reported that he spoke with Mr. & Mrs. Chance and their son Robbie (Shakopee residents) regarding Robbie's letter to the editor in the Shakopee Valley News. Cncl, Lehman explained Robbie Chance is a second grader and has taken the challenge of helping others not as fortunate as he is. He has donated many items to less fortunate people. Cncl. Lehman commended Robbie for his unselfish work at the City Council meeting, Cncl. Lehman reported that he attended part of the Fire Department's meeting and the Fire Departments future needs and existing issues at the current Fire Station #50 were discussed. Cncl. LelmlIDl would like more information regarding the building of Fire Station #50. Cncl. Link addressed some of the issues regarding the building. Mr. McNeill noted that an analysis of this building had been done in 2000 and it was recommended, at that time, that another building be looked for to house the Fire DepIDtment. Mr. McNeill noted that the City would be retaining ownership of that building when a new building became available for the Fire Department. The information that Cncl. Lehman was requesting will be provided to him, Cncl, Joos reported that he attended a School Board meeting and the School Board is in the process of reviewing architects; they are looking for a finn that can help them develop a new Secondary Education building. The School Board is also waiting to see what the Governor is going to do regarding budget cuts. Cncl. Lehman asked a question pertaining to the school budget. Cncl Link reported that he attended a Shakopee Public Utilities Commission (SPUC) meeting. He noted SPUC was planning a 5 million gallon water reservoir at the intersection of County Road 18/16, The approximate cost of this reservoir is $3 million. Cnc!. Helkamp noted that there had been no meetings with the Convention IDld Visitors Bureau and the Chamber since he gave his last report. Mr. McNeill introduced Lisa Freese. Mr. McNeill noted that he and staff members had a meeting with MnDOT regarding the new trunk highway 41 river crossing. He noted that the new trunk highway 41 river crossing presented some long-term issues for the City of Shakopee. Official Proceedings of the February 18,2003 Shakopee City Council Page -4- Lisa Freese, MnDOT South Metro Area Manager, approached the podium and gave a presentation on the New Trunk Highway 41 River Crossing Study. Ms. Freese gave a brief introduction and noted that MnDOT was embarking on a scoping study for a major river crossing in this part of the metropolitan area. She noted that this river study has been considered for a long time. Ms. Freese stated that a project for a new river crossing is not in the state's 20-year program to build, at this time, and funding has not been identified yet but she wanted to identify a site and to move forward to preserve this identified corridor from development encroachment. Brian Isaacson, project manager from MnDOT, approached the podium. He noted the study area that the MnDOT was confining the study to, to look for the new river crossing and corridor. Mr. Isaacson gave an overview of the project and noted where MnDOT was at for this project. He noted the process that needed to be gone through and where MnDOT was within the schedule and time line. Mr. Isaacson also talked about some major work projects that would come out of this first phase and the participation process. The demand for this river crossing was identified as the second highest in the 2001 update of the Metropolitan Council Transportation Policy Plan for the seven county metro area. Mr. Isaacson noted that there is a current Hwy 41 river crossing in the city of Chaska and this structure on the south side of Chaska was scheduled for replacement in 2006 with a four-lane structure. This Hwy 41 River Crossing is a separate project from the study that is now taking place. Mr. Isaacson noted that this project is in the first phase of the environmental review with this scoping document. The second phase would be nan"owing the filed down to a couple of sites to be evaluated in greater detail with an EIS. Mr. Isaacson noted the objective of this project is to preserve not build this corridor. The scoping part of the project should be done by the end of 2003 and the EIS would probably done at the end of2005. Mr. Isaacson stated from the schedule stand point MnDOT is just at the beginning. They are beghming to gather information and are looking for guidance on local policy issues. The major work projects are: the scoping document, interviewing business', talking with freight providers and forecasting traffic for the study area. Mr. Isaacson stated there would be open houses throughout the process along with monthly published updates. There were a few questions from the Councilors regarding roads within the area. Cncl. Joos would like the roads identified that would be connected so the proper amount of right-of-way could be obtained. Ms. Freese stated that after it is figured out where this new river crossing would be located then MNDOT would look at the 69/169 intersection and start to try to figure it out. She stated that they were committed to work with the City on the 69/169 intersection. Mr. Isaacson stated that it has been made very clear to them that 69/169 in an important intersection to the City of Shakopee and that importance would not get lost. Ms. Freese stated they are well aware of all the issues. Official Proceedings of the February 18, 2003 Shakopee City Council Page -5- Mayor Mars stated that the City of Shakopee wanted good quality access to the downtown. Different studies have been going on for a long time and he would like this to come to an end this time. Mr. Leek, Community Development Director, reported on the request from Tollefson Development to rezone property located south of 1341h Street and east of County Road 18 from Rural Residential (RR) to Urban Residential (RI-B) (Muhlenhardt property). Mr. Leek noted that this property is comprised of 98 acres and is located in the far southeastern comer of the City. Mr. Leek also noted that in the fall of 2002 the City Council did approve an amendment to the Comprehensive Plan to re-guide this property from Rural Residential (RR) to Single Family Residential (Rl-B) on the land use plan. Notice has been received from the Metropolitan Council that this amendment can now be put into effect. Because of this amendment, Tollefson Development is now seeking a rezoning of the subject property to single family residential. Mr. Leek stated this Zoning District of Urban Residential (Rl-B) is consistent with the land use. Mr. Leek noted with the current zoning application and with the original land use application, as well as, the plat application there had been some public testimony, particularly from Horizon Heights residents, regarding the change from rural residential to single family residential. Mr. Leek noted the proposed plat has a very low density and all the agreements for sewer and water have been agreed to and reviewed by all the pertinent bodies. Mr. Leek also noted that the MUSA for this development comes out of the City of Savage allocation for MUSA from the Metropolitan Council because the City of Savage is providing the MUSA service and the City of Shakopee does have this confirmation in writing, There was a discussion on the rate that these residents would pay for MUSA service because this MUSA service is from Savage. The Plamling Commission held a public hearing on this request and recommended approval for the rezoning to Urban Residential (RI-B). Joos/Link offered Ordinance No. 654, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code See, 11.03 By Rezoning Land Generally Located East Of CSAH 18 And South Of CSAH 16 From Rural Residential (RR) to Urban Residential (RI-B), and moved its adoption. Motion carried 5-0. Mr. Helkamp noted that the change in the zoning allowed this development to have sewer and water and not to have ISTS's and this allowed for better use of the land. Mr. Leek reported on the preliminary plat of Whispering Oaks located south of 1341h Street and east of CR-18. He oriented the site and noted the subject property is a request for a single-t1:unily subdivision. Mr. Leek gave some general information regarding the site. The lots were various sizes on the 98 acres with 136 homes having a lower density than is typical for a RI-B zone. Mr. Leek noted that this plat has been reviewed by many agencies, some within the City of Shakopee and some outside agencies. The recommendations from the various reviewing bodies have been Official Proceedings of the February 18, 2003 Shakopee City Council Page -6- incorporated into the conditions for approval of this preliminary plat of Whispering Oaks. He noted some of the lots were adjacent to County Road 18, however conditions were put into Resolution No. 5856 to protect these homeowners from the sound. Mr. Leek also noted that renaming some of the streets may need to happen. Mr. Leek noted the landscape and reforestation plan for this project. He felt there were some significant things on this site plan. There was an area in the southern portion of the plat that was proposed to be covered by a conservation easement. There was also a proposed cOlmection in the eastern portion of the plat to COlmect to the City of Savage. Mr. Leek also noted that a significant portion of the vegetative area was proposed to be maintained as open space. It was stated within the open space would also be parkland and park facilities. Mr. Leek noted that after the site was developed the wooded portion would be at 26.77% without including the landscaping areas. Mr, Leek also noted that City staff was working with the developer on renaming some streets. Mr. Leek noted the Plmming Commission reviewed the preliminary plat of Whispering Oaks and recommended approval with conditions. Mr. Leek noted that the landowner who does not wish to develop his land at this time was at the Planning Commission meeting and discussed the cOlmection point on the eastern edge of this plat to Savage. Mr. Leek stated that City staff has also had conversations with this individual. Mr. McQuillan, Natural Resources Director, approached the podium and discussed a fence along County Road 18 in the area of the Park. Mr. McQuillan noted that the elevation of County Road 18 was quite a bit higher than the elevation of the park and where the playground would be located. He also noted there was flexibility in the plan to move the playground to the north or east slightly if necessary. He noted the Park and Recreation Advisory Board (PRAB) had more concern about the pond than the roadway. The PRAB did not see a need for a fence along the park and County Road 18. Mr. McQuillan also noted that there are sidewalks and trails to get to the parle. Matt Weiland, representing Tollefson Development, approached the podium and addressed the landscaping between the park and County Road 18, Mr. Weiland also complimented the City on working through the joint powers agreements with Shakopee Public Utilities and the City of Savage so this development could become a reality. He felt this would be a good project for the City of Shakopee. Lehman/Link offered Resolution No. 5856, A Resolution Of The City Of Shako pee, Minnesota Approving The Preliminary Plat of Whispering Oaks, and moved its adoption. Motion carried 5-0. Mr. Weiland noted as soon as the improvements were finished the developer pImmed on building the park and installing the equipment. Mr. Weiland noted that the developer would be working Official Proceedings of the February 18,2003 Shakopee City Council Page -7- with the park director on meeting the park requirements for the park equipment. The parking for park visitors would be on Horizon Drive. Lemnan/Joos moved to approve the Request for Proposals (RFP) for the new Shakopee web site development. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the Request for Proposals (RFP) for the City Council Chamber multi-media upgrade. (Motion carried under the Consent Agenda). Mr. McQuillan reported on the woodland management ordinance that had been a work in progress for many months. Mr. McQuillan stated some of the history of the proposed text amendment. He noted in the end, it was decided to see if some modifications and updates could be made to the existing tree ordinance. Mr. McQuillan noted that this text amendment would apply to all zoning districts. The protection of high quality trees was the focus of the tree ordinance. Mr. McQuillan noted that the Planning Commission was not comfortable working with a percentage of trees to be replaced. The woodland management ordinance really pertained to new development. The Council members had some questions on the definitions regarding the scope of the ordinance (tree inventory). Mr. McQuillan addressed these questions. Cncl. Joos thought if there were an interpretation question, these answers were best suited to come from the Board of Adjustment and Appeals (BOAA) rather than the City Council. It was discussed how many man hours it was going to take to review and inspect items regarding this text amendment if the text anlendment was approved. Cncl. Lehman would like to see the building permit to specifically relate to an impact on a tree. Link/Helkamp offered Ordinance No. 656, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning As It Relates To Woodland Management Section 11.60 Zoning Ordinance Amendments, and moved its adoption. Cncl. Lehman wanted the definition of woodland better explained. Cncl. Joos wanted to know the cost of this ordinance and who was going to do inspections and he wanted the BOAA to handle appeals rather than the City Council. Mayor Mars complimented the Environmental Advisory Committee and the Planning Commission on getting a handle on the woodland management ordinance. Lehman/Link moved to direct staff to recraft the woodland management ordinance by clarifying the definition of a tree woodland, showing a cost schedule, who will be responsible for the enforcement of the proposed ordinance and stating that the Board of Adjustment and Appeals would be the first body to hear appeals with an additional appeal process to the City Council in Official Proceedings of the February 18, 2003 Shako pee City Council Page -8- the end with the recrafted woodland management ordinance to come back before the Council when it is ready, Motion carried 5-0. Mayor Mars recessed the City Council meeting at 8:52 p.m. Mayor Mars reconvened the City Council meeting at 9:00 p.m. Mr. Leek reported on the petition from Marystown LLC for Almexation of Certain Lands in Jackson Township. Mr. Leek noted that this issue had been tabled at the February 4, 2003 City Council meeting to allow the petitioner time to appear before the Jackson Town Board and to let the Jackson Town Board review and comment on the proposed almexation. It was noted that if this annexation took place there would not be any guiding or zoning on this property. Steve Soltau, representing Marystown LLC, approached the podium and noted that the Jackson Town Board had no objection to the annexation of this piece of property into the City of Shakopee. Mr. Soltau noted that he understood that if this piece is annexed into the City of Shakopee there would be no guiding or zoning at this time. Mr. Soltau noted the annexation of this property would help with the alignment issues regarding the school district property al1d 17th A venue to Marystown Road. He reported that there was much dialogue on this annexation with the Jackson Town Board and the Jackson Town Board noted that the City of Shakopee needed jurisdiction and control of this piece of property to help with the alignment issue regarding this road alignment. Mayor Mars asked for comments from the audience, There were none. Joos/Lehman moved to close the public hearing. Motion carried 5-0. Joos/Link moved to direct staffto prepare an ordinance approving the Marystown LLC requested annexation for consideration at the March 4, 2003 meeting. Motion carried 5-0. Mr. Leek stated per the Annexation Agreement with Jackson Township a certified letter was sent to the Jackson Town Clerk regarding the original public hearing. Mr. Leek reported on the application for a Southbridge East Retail Center PUD, located east of County Road 18, south of Highway 169 and west of Riverside Grove. Mr. Leek noted this Retail Center PUD would be similar to the Retail Center PUD in Southbridge. Mr. Leek oriented the proposed site and noted that the applicant also proposed two more access points to the Southbridge East Retail Center PUD. The one access would be a temporary access to serve the Home Depot site; this would intersect County Road 18 on the east side at the same location of the Southbridge Parkway and County Road 18 intersection on the west side. Mr. Leek noted Hansen Boulevard would be a proposed right-in/right out access point. Mr. Leek noted the retail plan to the north of the access point is conceptual in nature; no building entities have been identified. Mr. Leek stated Official Proceedings of the February 18, 2003 Shakopee City Council Page -9- that Home Depot, one of the retail entities proposed to be located in the East Retail Center, has identified a specific request for exterior storage. Mr. Leek addressed the Home Depot building. He stated that this is the second plan for Home Depot. The Planning Commission, as well as, staff suggested many changes t6 the first plan. The applicant has changed the materials from the original design and has made an attempt to tie in the nursery area to the face of the Home Depot building. Mr. Leek also noted that one of the conditions recommended stated that there would be no orange stripe on the building; however, there are still two smaller orange stripes on the building. It was noted by Mr. Leek that the applicant wished to increase the number of square feet for the garden center having it all enclosed. Mr. Leek noted the principal issue with the Home Depot store dealt with access to the store, It was noted by Mr. Leek that the right-in/right-out access and the temporary access was conditioned upon approval by Scott County. Mr. Leek stated there had been a meeting with the applicant's representatives, Scott County representatives and City staff to discuss the access issue. Mr. Sorenson, of the Scott County Highway Department, was present and submitted a letter stating berming, drainage and noise concerns. Scott County Highway has taken the position that they are not in a position now to allow the temporary access or the right-in/right-out access point. Mr. Leek noted the concerns regarding the temporary access. He noted there are on-going discussions regarding access but Mr. Leek thought Scott County would stand quite strongly to their position now. There was discussion on the construction timing of County Road 21. Mr. Leek stated it would be the developers cost to construct the temporary access and remove the temporary access when County Road 21 was constructed. Mr. Leek noted that the Planning Commission did review this application and recommended approval of the East Retail Center PUD subject to the conditions. There was discussion on conditions no. 5,9,8,17,12,13,14,15,21,23,34,35 and exhibit C (regarding the transportation plan). Mr. Leek explained the transportation routes, Mayor Mars noted that no signage was being approved with the application tonight and he noted the orange stripe was still on the fayade in the second plan. Steve Soltau, Shakopee Crossings, approached the podium and noted that he realized the City did not have jurisdiction over the access points but he sure would like their assistance and support as community representatives to get these accesses from Scott County. He would like a specific resolution regarding these particular access points from the City of Shakopee showing their support for these accesses, Mr. Soltau noted what he thought to be some of the benefits for the access points. Mr. Soltau stated it was the proposed alignment of County Road 21 that was Scott County's hang up for the access points into the Home Depot store. Mr. Soltau noted that alternatives had been proposed to Scott County. Mr. Soltau noted several different traffic Official Proceedings of the February 18,2003 Shakopee City Council Page -10- engineers have reviewed the traffic plans and there are some differing opinions between them and Scott County. Mr. Soltau stated why he thought the two access points were important. There was discussion on the proposed access points. Mayor Mars saw some benefit to the temporary access point. Mr. Soltau noted that when County Road 21 comes to County Road 18 the temporary access point would be closed permanently and they would sign a hold harmless agreement and have the lawyers draft a letter stating the developer will pay the cost for taking out the temporary intersection. Mr. Soltau stated that he was confident the temporary intersection would operate safely because it was a controlled access, He also felt that because this was a private street that he and Home Depot were the only people who should/could complain about closing the street and they were all for closing the temporary access when County Road 21 came to County Road 18. Jelmifer Maxwell, representing Home Depot from the firm of Greenberg FalTell, approached the podium and pointed out some of the upgrades on the second design that are above and beyond the code from the first design. Ms. Maxwell stated that each of the orange bands on the second plan for the Home Depot store were approximately 1 ~ foot wide. Cncl. Link stated that this plan still did not meet his expectations for a store. Mr. Leek noted that the building materials did meet code requirements. Ms. Maxwell stated that Home Depot had recently decided to increase the size of the Garden Center and for that reason Home Depot was requesting the part of the application for a seasonal outdoor sales area be withdrawn except for the sidewalk display along the front of store. Ms. Maxwell noted that there would be no planters located on the front of the property, Ms, Maxwell offered to keep a pedestrian portion of the sidewalk free for pedestrians to walk on. Ms, Maxwell pointed out that the adjacency of the residents to the receiving area was a concern so Home Depot did include a ten (10) foot precast screening wall along with benning and landscaping. The amount of wall signage (condition no. 23) was addressed by Ms. Maxwell. condition no. 34 was addressed and condition no. 35 regarding delivery of merchandise and hours of operation were addressed. Ms. Maxwell noted the limitation of hours on the lumber delivery was okay, she would like to see the semi-trucks be able to deliver at other hours, however. Mr. Soltau had a question on the center identification signage (condition no. 23). He wanted two identification signs for the retail center like the west retail center had. He was also requesting five monument signs. One was to be 36 feet high on the north end of the site in the proximity of the power lines and towers and another sign was to be a 20 foot sign at the permanent location. The items to be addressed were revisions to some conditions outlined in the draft resolution as well as the signage resolution. These conditions are: 1) Delete condition no, 5 and keep condition no. 9 [there was Council consensus on this action]; 2) Condition no. 8 and 17 needed amended language to sidewalk display [there was Council consensus that Home Depot would be Official Proceedings of the February 18, 2003 Shakopee City Council Page -11- allowed to display some merchandise on the sidewalk if the pedestrian walkway would not be affected]; 3) condition no. 17 still was to read that nothing would be allowed to be displayed on the exterior walls of the building [this was Council consensus]; 4) condition nos. 12 & 13 needed to be deleted if the Council was okay with the elevations as presented now [there was Council consensus to delete conditions nos. 12 & 13]; 5) condition no. 14 pertained to the orange stripe and staff needed direction on this [there was consensus that the two narrower orange stripes be deleted from the back and the sides and the height of each stripe was to be no more than one foot]; 6) condition no. 15 required revisions because of the larger garden center if that expansion was okay [there was Council consensus previously expressed that the expansion was okay and there would be no outdoor garden center]; 7) condition no. 23 relating to signage needed to be addressed regarding the size of signage on the front wall [there was a 4-1 vote with Cncl. Joos dissenting to allow the 400 square feet on the front and no signage onthe back or sides] as well as the proposed locations, numbers and sizes of free standing signs (hold to code {2 twenty footers}] or monument signs [hold to code]; 8) condition no. 34 could be deleted [there was Council consensus to delete] and 9) condition no. 35 regarding the hours of delivery for goods from the semi-trailers [there was consensus to restrict the wood delivery and the garbage pick-up to between the hours of 6:00 a.m. and 10:00 p.m. and semi-trucks to the docks with quieter deliveries could be other hours]. Cncl. Joos was in favor of the temporary access because it was lined up with the intersection of Southbridge Parkway and County Road 18 and the stop light was there already and the developer and his assigns understood that this access was just temporary until County Road 21 was constructed at County Road 18. Cncl. Lehman agreed with Cncl. Joos but Cncl. Lehman wanted the developer to go back to Scott County and show them a document that this access would be closed at the developers expense when Scott County wanted it closed. Cncl. Helkamp agreed with Cncl. Lehman but he also noted that more work needed to be done at the permanent access point by the developer. Cncl. Link was okay with the temporary access. Mr. Leek stated he would follow-up on the access points with the County and the developer and would report back at the next Council meeting. Hany Weinandt, 1259 Maxine Circle, approached the podium and spoke to the vacation of the easement North of County Road 42 and East and West of County State Aid Highway 17 (Welch Property). Mr. Weinandt thought an easement that was 250 feet wide east to west all the way to County Road 17 should be retained for drainage and utilities. Mr. Thomson, City Attorney, stated that he prepared an easement and sent it to staff. He was unaware if this easement had been sent to the Welch's (property owner) yet. Mr. Thomson stated if the City Council was uncomfortable acting on this vacation without seeing the easement, this issue could be deferred. Mr. Thomson noted that he, Mr. Loney and Mr, Samstad held a meeting and Mr. Thomson stated that he and Mr, Loney received more information and they now concur Official Proceedings of the February 18,2003 Shakopee City Council Page -12- what Mr. Samstad had proposed was acceptable as long the Welch's agreed to hold the City of Shakopee and all the landholders in Weinandt Acres harmless from drainage claims. Mr. Leek stated that the easement that Mr. Thomson used was the easement that Mr. Samstad suggested at the February 4th, Council meeting. Lehman/Helkamp moved to table the vacation of easement North of County Road 42 and East and West of County State Aid Highway 17 (Welch Property) until the easement had been signed by the Welch's and the City had it back. Motion carried 4-0, Cncl. Link abstained because this property was owned by a family member of his. Lehman/Joos moved to approve the Stipulation for Settlement for permanent and temporary easement for Parcel No.8 between the City of Shako pee and John D. and Jodi Lee Hennes in the total amount of $9,750 for the Sarazin Street and Valley View Road, Project No. 2001-5, (Motion carried under the Consent Agenda), Councilor Link left the Council Chambers. Mr. Loney, Public Works Director/City Engineer, repOlied on the proposals for the reorganization of the Public Works Department. Mr. Loney noted one of the goals of staff was to look at remodeling the Public Works building. Mr. Loney noted that a study had been done and a need was identified for more space for the Public Works Department. He noted once the Police Department moved into their new building there would be more space for the Public Works Department. The current structure of the Public Works Depmiment was designed in 1997 and since then the City has grown considerably and the structure really needed to be changed. The Public Works building could be remodeled in anticipation of the new reorganization structure. Mr. Loney noted he received proposals from three consultants and the firm chosen by the review team of Mr. McNeill and himself, was Short Elliott Hendrickson, Inc. Mr. Loney noted that Short Elliott Hendrickson, Inc. was proposing to do the work for $6,000 and the money had been budgeted. Cncl. Lehman wanted to know if the reorganization design could be done in house. Mr. McNeill addressed this reorganization design. Lehman/Joos moved to approve the Public Works Reorganization Study proposals from Short Elliott Hendrickson, Inc, not to exceed $6,000. Motion calTied 4-0. Helkamp/Joos moved to approve the Request for Proposal for Architectural Services for the Public Works Department. Motion carried 4-0. Councilor Link returned to the Council Chambers and took his seat. Official Proceedings of the February 18, 2003 Shakopee City Council Page -13- Mr. Loney reported that the intersection of 111h A venue and County Road 79 (Spencer Street) was looked at for sightline problems being brought to the City's attention at the February 41h City Council meeting. The speeds on this County Road are normally going faster than 30 miles per hour and City Code was not sufficient for that speed. Mr. Loney recommended using MnDOTs recommendation for a sightline triangle; this would mean no parking on County Road 79 from the intersection at 11 th A venue for 120 feet. Helkamp/Lehman moved to direct staff to install "no parking" signs on the east side of County Road 79, from 11 tit A venue to 120 feet north of I11h A venue curb line, and that vehicles not park closer than 30 feet from a stop sign on I11h A venue as required by City Code Section 9.02. Motion carried 5-0. LelmlanJJoos moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of an industrial discharge permit for the City of Shakopee Public Works site at a cost not-to-exceed $2,500. (Motion canied under the Consent Agenda). Mr. Themig, Facilities and Recreation Director, reported on the demolition of a City building located at 129 Levee Drive. This building was constructed in the early 1900's or before. The building was originally constructed as a maintenance facility for the utilities department and has been used for other services including a sub-station for Shakopee Public Utilities more recently. Mr. Themig noted that this building was in disrepair and in the 2001 budget fLmds were allocated for the demolition of this building. Since 2001, Mr. Themig has looked into repairing this building for use by others and the cost estimates to bring this building up to code were from $100,000 to $200,000. Mr. Themig thought it would be advantageous to have this building demolished when the River District Sewer Project was going on. Mayor Mars thanked Mr. Themig for looking at all options. Lehman/Joos moved to direct staffto seek quotes for the demolition of the City building located at 129 Levee Drive. Motion carried 5-0. There was discussion regarding the environmental clean-up of the site after the demolition of the site. Mr. McQuillan, Natural Resources Director, reported on the Huber Park grading plan. Mr. McQuillan noted that he was asking the City Council to adopt a new elevation plan, particularly for the performance area, for Huber Park as directed by them at an earlier City Council meeting. Mr, McQuillan noted that cost analyses had been done for several different grade elevations. The designers of the master plan for Huber Park would like to see the elevations at 718/719 feet so as not to affect the integrity of the plan. City staff carne to the conclusion that they could live with an elevation of718 feet with the performance stage being raised another two feet. This elevation would bring the stage above the 100 year flood mark. Mr. McQuillan's recommendation was to Official Proceedings of the February 18, 2003 Shako pee City Council Page -14- raise the elevation to the base of the performance stage to 718 feet and for the performance stage itself to be raised to 720 feet and to direct staff to file for a Conditional Use Pennit to allow fill to be used to fill Huber Park to the suggested elevations. Joos/Lelllnan moved to approve a grade elevation for the base of Huber Park's performance area at 718 feet and 720 feet for the stage, and to have staff file an application for a Conditions Use Permit to add fill to the parle Mayor Mars would like to see the elevation a foot higher for Huber Park. There was discussion on the erosion that a possible flood might cause. Mr. Loney addressed this question. Cncl. Joos felt the 719 elevation was unnecessary. Cncl. Helkamp would like the City to request from the DNR the higher elevation and perhaps not to use that much fill if that was deemed acceptable. Main Motion carried 4-1 with Cncl. Lehman dissenting. Mr. McQuillan reported on the design services and construction documents for Pheasant Run Park. The reason Mr. McQuillan was requesting that an outside firm do Pheasant Run Park was because of the extreme elevations and all the different requirements that need to be met. The design for this park was extremely challenging for City staff and the timing could not be met with City staff doing the design work. This park area needed some special design. Mr. McQuillan was recommending that Loucks Associates be used by the City for this park design and the cost for this design would come from the Natural Resources budget. Lehman/Link moved to authorize the appropriate City officials to enter into an agreement with Loucks Associates to provide Design Services and Construction Documents for Pheasant Run Park. Motion carried 5-0. Lehman/Joos moved to approve the City of Shakopee's participation in the Minnesota ReleaPs Community Forest Health Grant Program for the control and spread of Oak Wilt. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 5860, A Resolution Amending Resolution No. 5838 Which Adopted The 2003 Pay Schedule For The Officers And Non-Union Employees Of The City Of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the successful completion of Kim Henke's probationary period and grant her full-time, regular status. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve and grant an off sale liquor license, an off sale non-intoxicating malt liquor license and a tobacco license to Sam's West Inc., dba Sam's Club #6311,8201 Old Carriage Court, conditioned up meeting all requirements of the City code. (Motion carried under the Consent Agenda), Official Proceedings of the February 18,2003 Shakopee City Council Page -15- Lehman/Joos offered Resolution No. 5853, A Resolution Of The City Of Shakopee, Mimlesota . ". Approving Premises Permits for the VFW Post 4046, and moved its adoption. . (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 22, 2003 and July 26 and 27, 2003. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the application and grant a tobacco license to D and R of Shakopee lnc, 590 South Marschall Road. (Motion carried under the Consent Agenda), Lehman/Joos moved to approve the application and grant a tobacco license to Wal-Mart Stores lnc" 8101 Old Carriage Court. (Motion carried under the Consent Agenda). Lehman/Joos moved to accept with regrets the resignation of Tim Williams from the Parks and Recreation Advisory Board, effective February 28,2003. (Motion carried under the Consent Agenda). Cncl. Lehman asked that the motion regarding the elevation of Huber Park be reconsidered. Mars/Helkamp moved to reconsider the motion regarding the elevation of Huber Parle Motion carried 5-0. Lehman/Joos moved to approve the elevation for the conditional use permit up to 723 feet for Huber Park. Mr. Loney noted that eventually there needed to be a specific elevation chosen so the River District Sewer Project could be designed for this area. Mr. Loney stated it was okay to go ahead and get the Conditional Use Permit (CUP) for 723 feet height. Cncl. Helkamp suggested that Mr. Loney have the River District Sewer designed for 718 feet. CncL Joos wanted to get the CUP for 723 feet but to go with staffs recommendation of7181719 to 720. Motion carried 5-0. Cncl. Joos would really like to see the Sign Ordinance reviewed and to see the building standards on the agenda and get them done. Joos/Helkamp moved to recess the City Council meeting at 11 :58 p.m. to go into an executive session to discuss labor negotiations. Motion calTied 5-0 Mayor Mars re-convened the meeting 12:18 a.m. He stated that no action was taken by the City Council during the executive session. Official Proceedings of the February 18,2003 Shakopee City Council Page -16- Joos/Lehman moved to adjourn the meeting to February 25, 2003 at 6:00 p.m, Motion carried unanimously. The meeting adjourned at 12:18 a.m. Gt~dL ~ . (1- ( J dith S. Cox City Clerk Carole Hedlund Recording Secretary