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HomeMy WebLinkAbout7. Approval of Minutes: December 03, 10, 17, 2002 and January 07, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 3, 2002 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; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Jim Thomson, City Attorney; Paul Snook, Economic Development Coordinator; 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. 17.a. to adjourn to a closed session to discuss labor negotiations. Joos/Lelnnan moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars reported that he and Mr. McNeill attended a banquet, "Home and Ten Years Later", celebrating what the Home Act had done and what agencies have accomplished since the passage of that act in replacing homes around the metropolitan area. Mayor Mars noted one of the leaders in this aspect is Scott County. Bill Jaffa, Executive Director of Scott County HRA, spoke on some of the activities that he and other agencies accomplished. Mayor Mars also noted that he, Councilor 100s and Mr. McNeill attended political science classes at the Shakopee Senior High School and spoke about City government. Mayor Mars also noted that Thursday, December 5, 2002 at 7:00 p.m. would be Scott County's Truth and Taxation hearing and on Tuesday December 18th the County would hold a forum on budget and finance. Mayor Mars presented Janet Williams, Scott County Library Director, with a plaque honoring her for her 31 years of service to the Scott COlmty Library system. Mayor Mars read the plaque to Ms. Williams and extended the City's and resident's heart felt thanks and appreciation when he presented the plaque to her on her retirement from the Scott County Library system. The following item was removed from the Consent Agenda. I5.C. 1. Survey and Plans and Specifications for the New Milmesota River Boat Landing. Lehman/Link 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. LehmanlLink moved to approve the meeting minutes for September 5, and 17, and October 1, 2002. (Motion carried under the Consent Agenda). Official Proceedings of the December 3,2002 Shakopee City Council Page -2- Lehman/Link moved to approve the bills in the amount of$605,542.64 plus $103,034.99 for refunds, retums and pass through for a total of$708,577.63. (Motion carried under the Consent Agenda). [The list of bills is posted 011 the bulletin board at City Hall for one month following approval]. Mayor Mars opened the public hearing on adopting the 2002/2003-tax levy and 2003 budget. Gregg Voxland, Finance Director, noted that on Monday, December 2,2002 the required Truth and Taxation Hearing was held on the 2002/2003-tax levy and the 2003 budget. Mr. V oxland noted that of the propeliy tax dollar the City received 34%, Scott COlmty received 37%, the School District received 23% and the other 6% went to other taxing jurisdictions. Mr. V oxland noted that the City uses its tax dollars for: 1) General Fund operations and recreation programming (95%) and 2) debt service (5%). Mr. Voxland noted that property taxes make up 63% of the General Budget. Mr. Voxland stated the actual budget for the General Fund and the expenditures is at a 2.7% increase, going from $10,667, 440 to $10,954,955. Mr. Voxland stated the property tax increase to support this budget is a 17.3% increase. Overall, including the debt service, the property tax increase is 18.8% or $1,243,605. Mr. Voxland noted with the growth of the City, the property tax rate would decrease slightly for the City. Mr. Voxland also noted that the City of Shakopee has the lowest proposed property tax rate in Scott County. Cncl. Lehman pointed out the impact the City would be faced with, if there were no changes in taxes, there would be a cut in services. There were no comments from the audience. Lehman/Link moved to close the public hearing. Motion carried 5-0. Link!Lemnan offered Resolution No. 5819, A Resolution Setting 2002 Tax Levy, Collectible in 2003, and moved its adoption. Motion carried 5-0. Joos/Link offered Resolution No. 5820, A Resolution Adopting the 2003 Budget, and moved its adoption. Motion carried 5-0. Mr. McNeill noted that Gary Sheldon and Bonnie Case requested an opportunity to update the City Council and the residents on the new County Jail. Mr. Sheldon approached the podium and gave a brief review of the project, where the County is in the project and some of Scott County's objectives of the project. Mr. Sheldon noted the project had some operational efficiencies projected for the new jail. Mr. Sheldon noted that a site had been selected and the plan projected out many years (50); therefore, much flexibility was included in the plan for the site. Mr. Sheldon also noted that jails are very expensive buildings to build. He reported that the County is looking to open the new jail in 2005 with around 160 cells and four (4) housing pods. Mr. Sheldon noted that eventually these cells would need to be double bunked, thus maximizing staff efficiency. Official Proceedings of the December 3, 2002 Shakopee City Council Page -3- Mr. Sheldon also reported that there were a couple of design options possible for further expansion of this new jail building. He noted that the jail was designed to be with precast modular sections to allow for future expansion with more ease. Mr. Sheldon stated to construct the new jail so expansion could be done in the future would add an additional cost of approximately $400,000. He felt this would be taxpayers money wisely spent. It was also noted by Mr. Sheldon that the Jail Committee asked the County Board to include a new 9-1-1 dispatch center along with a law enforcement office in the new jail design. It was felt that this was an efficiency request. Mr. Sheldon stated that the County Board would be asked to raze the courthouse alUleX once this new jail is completed. Mr. Sheldon addressed the parking situation. He noted that Scott County had a plan to increase the number ofparkil1g spaces. They were plalming on adding 90 spaces immediately. Mr. Sheldon addressed the design of the building. He noted for better safety of the workers within the building a popular design with direct supervision would be seriously looked at. He noted the public entrances would be facing Fuller Street and the intake entrances would be facing Third A venue. The building would be multi-story with glass, brick, burnished stone and aluminum finishes being use to tie the new facility in with the current Justice-Govemment Center. Mr. Sheldon noted that public comment had driven some of the design. He noted that a great amount of landscaping would be done to present a nice view of the new facility. Mr. Sheldon noted that the County had requested that the new jail be rezoned to B3 on October 17,2002. Mr. Sheldon noted that it was planned to go before the County Board on December 17,2002 asking for approval of the project with a resolution. Mr. Sheldon gave what he hoped to be a schedule to get the new facility completed. He was anticipating on moving into the new facility with offenders in September 2005. Mr. Sheldon stated that the objectives the Jail Committee have had for this particular project are: 1) to try and provide enough capacity immediately for at least 5-10 years and expansion and flexibility for 25-50 years, 2) be able to afford to operate the new facility, 3) meet requirements of the County and State, 4) construct a safe, secure and efficient jail. Mr. Sheldon noted that the Jail Committee felt that these goals had been met with this plan. Cncl. Lehman addressed the parking issue with Scott County regarding the parking problems at the Justice Center now. The County thought this parking problem would be resolved when the new facility was opened. Cncl. Lehman noted that he thought the exterior of the new jail was well thought out taking the residents considerations into play and Mayor Mars thought the new jail was positive for the City of Shakopee and he was looking forward to a partnership between Scott County and the City on this endeavor. Cncl. Lehman noted he attended the Park and Recreation Advisory Board (PRAB) Meeting for the month of November and noted that Jim Dorenkamp had been selected to be the new Chair of Official Proceedings of the December 3,2002 Shakopee City Council Page -4- that Board with Dave Vosejpka continuing as the Vice Chair. Cncl. Lehman noted some of the issues discussed were: 1) parkland acquisition, 2) needs survey of the community regarding recreation issues and 3) comparison with other community centers. Cncl. Lehman also attended a Vision Shakopee Board Meeting and noted that they appointed someone to work with MnDOT on the 69/169 access. Cncl. Lehman accepted this challenge. Cncl. Lehman noted that Vision Shakopee is moving forward with an entrance sign into downtown. Cncl. Lelmlallnoted there was still some discussion on a Special Taxing District by the Vision Shakopee Board. Mayor Mars noted that the Council's discussion on a joint survey with the PRAB alld the City Council for needs in the community (general and recreational) would be discussed later on. Cncl. Lehman was agreeable to tllis. Mr; Link reported on the Shakopee Public Utilities meeting that he attended. He noted that a resolution had been passed by the Shakopee Public Utilities Commission Board acknowledging all the contributions that Bob Sweeney had made when serving as liaison as well as a Shakopee Public Utilities Commission Board member. Mr. Link noted that the Shakopee Public Utilities purchased an infra red camera to detect electrical hot spots in their system in an attempt to avoid some energy losses that they are now experiencing. Mr. Link noted that the court had approved the land acquisition for the new Shakopee Public Utilities building; the final cost of the land had not yet been determined by the court. Mr. Link noted that the Shakopee Public Utilities COlmnission had to escrow approximately $1,200,000 for this land acquisition. Mr. McNeill noted that the topic of a new commissioner for the Shakopee Public Utilities Commission would be on the agenda at the December 17th meeting. Cncl. Joos reported on the School Board meeting that he attended. Cncl. Joos stated the School Board was looking at where they are now after the school levy was passed. Cncl. Joos was also in contact with Sun Path School regarding their parking issues. Cncl. Joos noted that City staff had put forth some ideas to help alleviate these parking problems. Cncl. Joos also reported on the Shakopee Visitors Bureau meeting that he attended. He noted that the Shakopee Visitors Bureau was putting together a marketing plan to promote the City of Shakopee. He noted that there was one hotel that the Shakopee Visitors Bureau had an issue with that is within the district not within the City of Shako pee. Cncl. Helkamp reported on the Chamber of Commerce. He noted that he worked with the executive committee to finalize their budget today. This budget would be presented tomorrow, December 4,2002 to the Board of the Chalnber of Commerce and he noted that he would be in attendance at that meeting. LehmanlHelkamp moved to recess at 8: 15 p.m. for the purposes of conducting the Economic Development Authority meeting. Motion carried 5-0. Mayor Mars reconvened the City Council Meeting at 8:21 p.m. Official Proceedings of the December 3,2002 Shakopee City Council Page -5- LelunanlLink offered Resolution No. 5829, A Resolution Of The City Of Shakopee, Mhmesota, Approving The Preliminary Plat Of ACC 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Lelunan/Link offered Resolution No. 5802, A Resolution Of The City Of Shakopee, Mhmesota, Approving Amendments To Plalmed Unit Development # 18 for Shakopee/Southbridge Crossings, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5830, A Resolution Of The City of Shakopee Denying a Request to Amend The 1999 Comprehensive Plan Update By Reguiding Property From Entertainment To High Density Residential, and moved its adoption. (Motion carried under the Consent Agenda). Lelunan/Link moved to authorize an additional one-yeal' agreement with the Shakopee Hockey Association for Arena Advertising. (Motion carried under the Consent Agenda). LehmanlLink moved to authorize after hours use and camping in Lions Park on January 4 and 5, 2003 by Shakopee Cub Scout Pack 916, Den 1. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5817, A Resolution Of The City Of Shakopee, Minnesota, Approving The Registered Land Survey Submitted By Stemmer Falm & Garden, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5828, A Resolution Of The City Of Shakopee, Amending The 1999 Comprehensive Plan Update By Amending The Land Use Plan To Re-Guide Certain Properties From Rural Residential To Single-Family Residential, and moved its adoption. (Motion carried under the Consent Agenda). [Property located south of Valley View Road] LelunanlLink offered Resolution No. 5831 A Resolution Authorizing The Sale Of Certain Real Estate, and moved its adoption. (Motion carried under the Consent Agenda), [Property located within the plat of Brittany Village 51h Addition] Cncl. Lehman had a question on the date/timing of the surveying and preparation of the plans and specifications for the New Minnesota River Boat Landing. Mr. Themig, Facilities and Recreation Director, addressed the question. Mr. Themig stated that the construction of the new boat landing would likely take place in late summer or early fall when the river is at the lowest stage. Mr. Themig stated that this time would have the lowest impact on the new boat launch. Mr. Loney, Public Works Director! City Engineer, also addressed the question regarding the sewer lines in this al'ea. Mr. Loney also anticipated that the sewer reconstruction in this area would begin in late summer and there might be some disruption to the current boat launch for approximately two weeks. Mr. McNeill noted that there would some time in the summer of2003 that there would be no boat access. Mr. Themig noted that a grant commitment had been received by the City for this project. Official Proceedings of the December 3,2002 Shakopee City Council Page -6- Lehman/Link moved to authorize the appropriate City officials to enter into a contract extension with WSB for preliminary surveying services of the Minnesota River Boat Landing at a cost not to exceed $3,448. Motion carried 5-0. Lehman/Link moved to direct the City's engineering staff to prepare plans and specifications for the MiImesota River Boat Landing. Motion carried 5-0. Lehman/Link moved to acknowledge the satisfactOlY completion of probation and authorize the retention of Brad Bisek as Police Officer effective November 5, 2002. (Motion carried under the Consent Agenda). LehmanlLink moved to accept the successful completion of Travis Karlen's probationary period and grant him regular full-time status effective December 2,2002. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the application and grant a tobacco license to Tobacco Express, Inc. 1148 Vierling Drive East. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize the City Clerk to issue Tobacco licenses for 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the application and grant a massage center license to Amy Snyder, Knead It Or Knot Massage and Bodywork, 205 South Lewis Street. Motion carried under the Consent Agenda). Lelm1an/Link moved to authorize the purchase of two fhll size police squads from Superior Ford in the amount of $42,066 in accordance with the State of Minnesota automobile contract 426133. (Motion carried under the Consent Agenda). Lehman/Link moved to retain Kern, DeWenter and Viere as auditors for fiscal. year 2003 at the proposed amount of $26,100. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize the appropriate City officials to extend the Towing Contract, under the same terms and conditions, with Shakopee Towing until January 31, 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize the appropriate City officials to enter into the 2003 cleaning contract with Coverall Cleaning Concepts for services until December 31,2003. (Motion carried under the Consent Agenda). Mayor Mars addressed the possibility of doing ajoint survey regarding a City Services study with the Park and Recreation Advisory Board (PRAB). Cncl. Lehman stated, that initially, the Official Proceedings of the December 3, 2002 Shakopee City Council Page -7- Council did authorize the PRAB to move forward with a survey to find out what the community needed/wanted for recreational services. Cncl. Lehman noted that recently there was a public hearing in the COlmcil Chambers to see what services the community would like to see the City provide. Cncl. Lelmlan thought it made sense economically to combine the two surveys. Cncl. Helkamp thought the survey idea was an excellent idea for the PRAB and for city services. Mr. McNeill noted staff had put together some figures on doing this survey. There was some discussion on how the survey should/could be put together to get the desired information needed by each body. Mr. Themig addressed the survey for the PRAB and noted that the PRAB was looking to get some significant data from the survey. Mr. Themig stated to meet the needs of the PRAB there needed to be a focus on some in depth questions related to Park and Recreational services. The PRAB was not opposed to a combined survey but they did need to have their needs meet so they could look ahead and move forward. Mr. Themig noted perhaps the biggest question was, if this survey is done in house, could the questions be designed so the results are significant. Staff will bring back some costs and concepts for the study and it will then be detelmined if there will be one or two studies. Mayor Mars asked for an update on the City of Hutchinson's survey he gave to the City to do one question on. Mayor Mars felt that this survey might be helpful to the City of Shakopee. Mr. McNeill noted the Hutchinson survey would be followed-up on. CllCl. Joos thanked the Shakopee High School classes for the good time and knowledge gained between each other. Lehman/loos moved to recess to an executive session at 8:37 p.m. for the purpose of conducting labor negotiations. Motion carried 5-0. Mayor Mars re-convened the meeting at 9:34 p.m. No action was taken during the executive session. Lehman/Link moved to adjourn to Tuesday, December 10,2002; at 6:00 p.m. Motion carried 5- O. The meeting adjourned at 9:34 p.m. ~~~.~ Ity Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 10, 2002 Mayor Mars called the meeting to order at 6:00 p.m. with Council Members Lehman, Link, Helkamp and Joos present. Also Present; Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Mark Themig, Recreation and Facilities Director; and Mark McQuillan, Natural Resources Director. Members of the Environmental Advisory Committee present: Kathy Gerlach, Steve Menden, Mary Pennington-Hoyt, and Charley Kubler. Absent Jim Turnwall, Members of the Planning Commission present: LaITY Meilleur, Deb Amundson, and Gayl Madigan. Absent: Mary Romansky, Steve Clay, Michael Willard, and Mark Houser. Members of the Jackson Township Town Board: Norbert Theis, Don Hedlund, Gerry Mareck, and Rose Menke, Clerk. Members of the Louisville Township Town Board: John Weckman, Marion Schmidt and Jim Theis, Clerk. The following item was added to the Agenda. 4.a. Employee Appreciation Holiday Breakfast. LehmanlHelkamp moved to approve the Agenda as anlended. Motion carried 5-0. Mayor Mars opened the discussion on the Natural Resources Inventory. Mr. McQuillan reported that Peter MacDonagh of the Kestral Design Group was in the audience and would give a presentation on the Natural Resources Inventory. Mr. McQuillan gave a short history as to how the City got to this point. The City Council had a discussion as to how the resources in the community should be managed. The Council and Planning Commission remained very split as to how the tree ordinance should be handled; especially should commercial and industrial be included in the tree ordinaIlce. Because of the on going split regarding the tree ordinance, a woodland inventory was taken of the City and the Townships. When the Kunde Company did the woodland inventory for the Tree OrdinaIlce for the City of Shakopee, they found there was a Metro Greenways Planning Grant available from the Minnesota DNR for a complete natural resources inventory. The Council and Jackson and Louisville Townships were approached for their support to do a natural resources inventory if the Metro Greenways Planning Grant was received. Mr. McQuillan noted that the Kestral Design Group was hired to do the natural resources inventory using the Minnesota land cover classification system. That inventory as been concluded. Peter MacDonagh, Vice President ofthe Kestral Design Group, approached the podium to give a presentation. Mr. MacDonagh stated the presentation was divided into two groups, Group one was what the Kestral Group found "Land Cover of Northern Scott County" and part two was "the next step" . Official Proceedings of the December 10, 2002 Shakopee City Council Page -2- The first group consisted of what was here originally and what was found to be here now. What was the big picture of the landscape? The project area of the inventory included Shakopee, Louisville and Jackson Townships and the Minnesota River to the north (approximately 50 square miles). Mr. MacDonagh went over what was found to be in the area during pre-settlement/pre-disturbance time. Mr. MacDonagh compared what is here today with the land use inventory map and using the MilU1esota land cover classification system (MLCCS). Mr. MacDonagh noted that about 2/3 of the study area was agricultural areas (33%) or disturbed areas (32%) with the balance consisting of forests, river, lakes, ponds, grasslands and wetlands (undeveloped natural areas). Mr. MacDonagh noted that about 16% of the agricultural and disturbed areas have some kind of trees on them. The undeveloped natural areas are in various states of quality. The western edge of Louisville Township appeared to have the better- undeveloped natural areas. Joe Walton, representing the Kunde Company, spoke to the methodology used by the Kunde Company when they did the tree inventory in the City of Shako pee. He noted they evaluated the stages of the forest/trees found in patches (not the trees found within the m-ban type developments), He also addressed the regeneration of species. He noted for the most part the oak woods had more invasive plants. Mr. MacDonagh noted the big picture of the landscape for Scott County. There were two areas in the project area that were the largest areas and these were the core of Shakopee and the Minnesota River Flood Plain. Mr. MacDonagh noted some other nice areas within the scope ofthe study. Kevin Biehu, from the Kestral Design Group, addressed Mayor Mars question on the bluff line. Cncl. Joos asked if the soils had been identified. The Kestral Design Group did not look at the soils within the scope of the study in depth. Norbert Theis, Chair of the Jackson Town Board, felt the trees in the bluff line were very important and they needed to be addressed. Kevin Beam, from the Kestral Design Group, addressed this question and noted that the bluff area had been looked at. Mr. MacDonagh addressed the quality of the natural resom-ces. The second part of the presentation "the Next Step" was now addressed. Mr. MacDonagh noted the project area was very fractured now. He noted the Minnesota River was a great asset for the City to have and use. He also noted that a greenway corridor was a way to link some of the lands together. The greenway corridors had small acreages but they had a very large impact. Mr. MacDonagh stated that because the City of Mil111eapolis had the foresight to set land aside in the 1880's for parks, they now have a premier park system. Mr. MacDonagh discussed a greenway possibility for the City of Shakopee. A local potential greenway was identified. This was the Prior Lake, Spring Lake Outlet Channel that flows from south to nOlih. Official Proceedings of the December 10, 2002 Shakopee City Council Page -3- This is about a 7 to 7 lh mile corridor. Mr. MacDonagh noted that the Prior Lake, Spring Lake Watershed District had a 30/50 feet easement on this corridor and the corridor has the potential for cOlmections. The Kestral Group was recommending expanding this easement. Mr. MacDonagh noted there were other potential greenway corridor possibilities; these potential greenways would require cooperation and coordination with other jurisdictions besides the City of Shakopee. Mr. MacDonagh thought now was the time to do some identifying and planning for greenway corridors. Mr. McNeill, City Administrator, asked Mr. MacDonagh to address a greenway corridor with higher density housing. Mr. MacDollagh thought greenways could work well with a high-density cluster of homes because a greenway corridor gave a sense of space. Mr. Leek, Community Development Director, noted that it was essential the greenway corridors become a part ofthe Comprehensive Plan update process. This process would need to be developed and incorporated in the Comprehensive Plan process. Mr. MacDonagh stated there was very little prairie land left outside of the river corridor. Mr. MacDonagh noted that quality was not addressed directly in the study but there are many indirect comments about quality in the study. You have to search but the information is there. Mr. MacDonagh stated that the Minnesota DNR really wanted to help. The DNR would like to fund this project because they know they did not fully fund the last study. Steve Menden, Chair of the Environmental Advisory Committee, approached the podium for a couple points of clarification. Mr. Menden noted that there was grant money for a greenway corridor available but the deadline was the end of January. Mr. Menden asked where other information on other natural resources could be found. It was noted that most ofthat information was included in the report and it is also available digitally. This information could easily overlay the information contained in the Natural Resources Inventory prepared by the Kestral Design Group. Mr. Menden wanted to know how this tool could be used. Mr. MacDonagh stated compared to the 1880's there are not many natural resources left; compared to other communities the City of Shakopee is pretty much similar. Mr. MacDonagh felt there needed to be some type of management for the natural resources. The invasive species have forced the City's hand. If the City could offer some incentive program for adding additional trees in public spaces Mr. MacDonagh thought the bad impacts could be lessened. He noted someone would have to address the problems created in the public spaces at some point in time. Cncl. Link wanted to know if the City needed a plan for reforestation. Mr. MacDonagh thought a reforestation plan was a very good idea. He liked the idea of bringing native plants and trees back. Mr, Leek commented on some critical areas that would require cooperation. He was refelTing to CR. 21 in the southeastern bluffline part of the City of Shako pee and the bluffline to the west and the interregional corridor study and the THY 41 crossing. He noted that there would need to be long time diligence on these issues because these were County and State roads that were under Official Proceedings of the December 10,2002 Shakopee City Council Page -4- consideration. The effect of the planned location of the roadways on the natural reSOlU"ces needed to be watched. Cncl. Link thought the City of Shakopee needed a landscape ordinance to replace the trees that a developer removed for a development. Mayor Mars would like to see more of these copies of the Natural Resources Inventory Report given to the Townships. He also noted that Scott County was entering into a Natural Resources Inventory and he would like Scott County to get a copy of this report. Mayor Mars noted to the Environmental Advisory Committee (EAC) that this Natural Resources Inventory report was their tool. He would also like to see a Greenway Task Force set up that would include all of the stakeholders in this situation. He would like the make-up ofthis committee to be: a member from the EAC, Plalming Commission, Park and Recreation Advisory Board, Jackson and Louisville Townships and the County. Mayor Mars would like this task force to establish a plan. Mayor Mars would like the direction to set up a Task Force to come from the EAC. Mr. Menden thought it would be best if the City Council recommended that the EAC set up this task Force but the appointing authority remain with the City Council. Cncl. Joos would like to see more natural resources looked at i.e. soils. Cncl. Lelmlan thought there were other issues involved not just natural resources Le. transportation. Mr. Leek thought the joint task force idea was an excellent idea. He also wanted to include the City's of Prior Lake and Savage as well. According to Mr. Leek, whatever comes out of this group can be incorporated into the respective planning. laos/Lehman moved to recommend that the Environmental Advisory Commission move forward with setting up a Greenway Task Force as described by Mayor Mars with the City Council being the appointing authority and also to invite the Cities of Prior Lake and Savage to be on this task force to establish the Natural Resources. Motion carried 5-0. Mr. McNeill addressed the employee appreciation Holiday Breakfast. Mr. McNeill noted that because of concerns from the State regarding expenditure of public dollars needing to be specifically authorized Mr. McNeill was asking that this expenditure be authorized. Mr. McNeill recommended that this expenditure not exceed $300; the money was in the budget. Link/Joos moved to approve the authorization of $300 for the employee appreciation Holiday Breakfast. Motion carried 5-0. LelunanlLink moved to adjourn to Tuesday, December 17,2002 at 7:00 p.m. Motion carried 5-0, The meeting adjourned at 7:53 p.m. Judith S. Cox, City Clerk Carole Hedlund, Recording Secretary u~~~' Of OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 17, 2002 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; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; Dan Hughes, Chief of Police; Terry Stang, Fire Chief and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. The following item was added to the agenda. lS.F.lO Establish Two Workshop Dates For The City Council In January. Link/Lehman moved to approve the Agenda as amended. Motion canied 5-0. Mayor Mars reported that he attended a Scott County Board meeting in which appreciation was shown to Art Bannermann and Dallas Bohnsack out going COlmty Commissioners, Bill Nevin, out going County Sheriff and Tom Harbinson, outgoing County Attorney. Mayor Mars noted that the new jail project was approved by the Scott County Board in scope, size, location and budget. Mayor Mars noted that Scott County was putting on a County forum on budget and finance, December 18, 2002. Mayor Mars noted that the Metropolitan Council was putting on a seminar January 8, 2003 on the "Ten principles of Reinventing American Suburban Strip Malls". Mayor Mars noted that four spots had been reserved for the City of Shakopee. Mayor Mars noted the Minnesota Housing Finance Agency was accepting requests for proposals for grant money. Mayor Mars noted that he, Michael Leek and Mark McNeill attended the Southwest Transit Grand Opening in Eden Prairie at their new facilities last week. He also noted that the League of MilUlesota Cities was putting on a leadership conference for newly elected or appointed officials and experienced officials. Mayor Mars handed out the annual report on the Southwest Metro to City staff, as well as, information was handed out to staff by Mayor Mars on "New Life for Strip Malls'l. It was Mayor Mars desire that this information be included in the activity reports as some of the information published in the Minneapolis paper regarding State Aid was unreliable. Mayor Mars noted there was an article by Karen Anderson, President of the National League of Minnesota Cities and a leading Mayor in the Twin Cities area talking about growth and the plaIUling of growth. Mayor Mars would like to see this article included in the activity reports, also. The following item was added to the Consent Agenda. 15.C. 3. Police Building Contract Change Order No.2. Joos/Link moved to approve the Consent Agenda as amended. Motion carried 5-0, Official Proceedings of the December 17, 2002 Shakopee City Council Page -2- 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. loos/Link moved to approve the meeting minutes for October 10, 2002. (Motion carried under the Consent Agenda). Joos/Link moved to approve the bills in the amount of$1,850,302.97 plus $143,765.94 for refunds, returns and pass through for a total of $1 ,706,537.03. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval. Cncl. Lehman noted he attended the Park and Recreation Advisory Board (PRAB) meeting for December. Cncl. LelU11an noted there were two new PRAB members and he sat in on the orientation presented for the new members to bring them up to speed as to what the PRAB was working on. Cncl. Lehman also noted that he met with Vision Shakopee and the sign welcoming visitors and residents into the downtown area has been started. Cncl. Helkamp noted he attended a Chamber of Commerce Board Meeting. Cncl. Helkamp stated the Chamber approved their budget for next year. Michael Leek, Community Development Director, reported on the text amendment to City Code Section 11.61. Mr. Leek indicated that the text amendment being proposed was intended to clarify where Recreational Vehicles (RY's), smaller trailers and smaller recreation vehicles i.e. snowmobiles and boats could be parked. Mr. Leek stated what he tried to do with this text amendment was to carve out an exception for utility trailers, trailers, recreational vehicles (RV's as well as smaller recreational vehicles), all-terrain vehicles and boats that are less than 20 feet in length, some requiring a hard surface and some not. Dan Hughes, Police Chief, approached the podium and addressed the Council regarding the licensing and registering of certain vehicles. Chief Hughes stated that most licensing had to do with alltomobiles. Chief Hughes noted that he reviewed this proposed text amendment and had one question. He noted there was no maximum number of vehicle's that could be stored on one piece of property. Cncl. Linle raised the question what if the property was leased or rented. The text amendment addressed "property owner". It was suggested that "or resident" be added. There was discussion on whether the side-yard setbacks should be mandatory or just suggested. .laos/Link offered Ordinance No. 648 Fourth Series, An Ordinance of the City Shakopee, Minnesota, Amending Chapter 11.61 Parking, and moved its adoption with revisions of adding the words "or resident" next to propeliy owner, changing the word "should" to "must be" Official Proceedings of the December 17, 2002 Shakopee City Council Page -3- regarding the side yard setbacks and that the language should be changed stating that no more than three trailers were allowed to be parked on the property at one time. Cncl. Helkamp wanted to discuss the number ofvehic1es to be stored on one piece of property. He thought Chief Hughes had a very good point. There was discussion on the number of vehicles being parked on grass. Pete Ploumen, 718 Atwood, approached the podium and stated he did not like the maximum allowable number of trailers to be two. He felt this might present a problem with duplexes. This was explained and Mr. Ploumen no longer had a problem. He felt three trailers should be the allowable maximum for trailers. Link/Lehman moved that a friendly amendment be added to the main motion that the language be changed stating that no more than three trailers were allowed to park on the property at one time. This was acceptable to Mr. Joos who made the motion and Mr. Link who seconded it. There was much discussion on the maximum number of stored trailers that should be allowed. Lelunan/Helkamp moved to amend the motion to change the number of the allowed maximum number of trailers to be parked in a residential yard from three to two. Motion carried 5-0. Main motion carried 4-1 with Mayor Mars dissenting. Mr. Leek noted that this text amendment would go into effect after publication in the Shakopee Valley News, which probably would be shortly after the first of the year. Mr. Leek reported on the amendment to the zoning map to rezone property from Old Shakopee Residential (RI-C) Zone to Central Business (B-3) Zone. This rezoning was requested by Scott County to actually rezone one-half block. Mr. Leek noted the site would be used by the County to house the new jail facility. The rest of the Block is zoned Central Business (B-3). The property requested to be rezoned is on the north side of 4th A venue. This request is being made by Scott County to allow flexibility in setbacks so the property can be maximized but still maintain the setbacks on the Holmes Street side with the current government center. Mr. Leek stated that Scott County had done a parking analysis and identified where the parking would be located even though the Central Business (B-3) District had no parking requirements. Mr. Leek noted that a public hearing on this request was held by the Planning Commission and there were no comments by the public. Mr. Leek noted that the Planning Commission did recommend approval of the request to rezone the property to Central Business (B-3). Mr. Leek did note that if the Council did approve this rezoning request, a zoning map amendment would need to be made and he had provided an ordinance for this amendment to the zoning map. Official Proceedings of the December 17, 2002 Shakopee City Council Page -4- Lehman/Joos offered Ordinance No. 650, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located North of 4th Avenue, East of Fuller And West of Holmes Street From Old Shakopee Residential (RI-C) Zone to Central Business (B-3) Zone, and moved it adoption. Motion carried 5-0. Mr. Leek reported on the Comprehensive Plan Amendment to reguide property and zoning map amendment to rezone property. Mr. Leek reported that Noecker Development requested several reguidings and several rezonings. Mr. Leek noted the site was west of County Road 18 and east of Dean Lake with the entire area now being guided for Single-Family Residential. Mr. Noecker is now requesting that parts of the site be rezoned to Medium Density Residential, High-Density Residential, and Planned Residential with some of the site left for Single-Family Residential. Mr. Leek stated that the Planning Commission did recommend denial of this rezoning. Mr. Leek noted that an application for a preliminary plat had also been submitted but items were missing so the preliminary plat had been returned to Mr. Noecker with further communication. Mr. Leek stated the basic concept showed senior housing in the center of the development. Mr. Leek did consult with Northwest Associated Consultants on this piece of property because the City is attempting to revise the land use plan for this part of the City and this area in question has many open issues. These open issues are: 1) County Road 21 (there is an Environmental Impact Statement under way and there are no design plans for the roadway yet and there is question as to whether the alignment will stay as proposed, 2) the corridor study done on County Road 16 recommended retaining the current aligmnent of that roadway and a four lane highway in the future 011 some part of the roadway and Scott County does not have these plans, 3) drainage and 4) possible greenway development (more easement may be needed). Mr. Leek stated that when he consulted with Northwest Associated Consultants, Northwest Associated Consultants felt this request was premature because of the roadway issues (Scott County feels they may need more easement for County Road 16) and also applying the Maxfield Study to this area Northwest Associated Consultants felt this was not the best area for higher density housing because of the distance from commercial development. Randy Noecker, applicant, approached the podium and stated he bought this property in 1998 and made application for MUSA extension in that year. Mr. Noecker felt from a housing demand perspective that this request was not premature. Mr. Noecker explained the water loop necessary and where this water was available. Mr. Noecker noted that the Prior Lake Interceptor (sanitary sewer) ran down the west side of the development. Mr. Noecker along with another developer in the area is proposing to build Pike Lake Road in the area. Mr. Noecker agreed there are many issues with the plan. He felt the issues with County Road 16 and the water had been addressed in his plan. Mr. Noecker and Mr. McQuillan, Natural Resources Director, worked extensively on the project regarding where trails and parks should be located within the development. Mr. Noecker felt this was a good area for higher density. Official Proceedings of the December 17, 2002 Shakopee City Council Page -5- Cnc1. Lelunan questioned the traffic on County Road 16 before County Road 21 was built. He had a concern as to when County Road 21 would be built. Cncl. Lelunan stated Scott County has had this roadway in their plans for quite some time. He felt if this area were rezoned to high density County Road 16 would be seriously impacted. Mr. Noecker agreed County Road 16 would be heavily used before County Road 21 was built but after County Road 21 was built the traffic on County Road 16 would drop tremendously. Mr. Noecker thought that the heavy development on this site would not occur until 2005. He felt it was realistic to have County Road 21 built in 2005. Mr. Leek clarified that it would perhaps be as early as 2004 when the EIS would be completed for County Road 21; after the design was completed, Mr. Leek thought construction could start on the first segment (Southbridge Parkway to County Road 16) no earlier than late fall 2005 or in the Spring of2006. Mr. Leek is on the technical advisory committee for this roadway. Cnc1. Joos stated that he had been hearing that Shakopee residents did not want all the high density. Mr. Leek addressed this notion. Cncl. Lelunan stated that he saw this reguiding/rezoning as a spot reguiding/rezoning and there were just too many unk.nown variables right now. He would like to see the whole area looked at for zoning. Cnc1. Joos thought perhaps an analysis ofthe entire area could be done. Mayor Mars asked Mr. Noecker if he needed a direct answer tonight. Mr. Noecker stated no, not tonight. There were many concerns. Mayor Mars would like to see some of the concerns answered. Mr. Noecker stated he had no objection to tabling the issue of rezoning tonight so that perhaps some issues could be look.ed at before a final decision needed to be made. Joos/Helkamp moved to table the reguiding/rezoning request of Mr. Noecker for more information on how the sUlTounding properties would be affected by the higher density and what the areas should be guided for. Motion carried 5-0. [Propeliy located north of CR16 and east of Pike Lake Road extended] A recess was taken at 8:50 p.m. Mayor Mars re-convened the City Council Meeting at 8:55 p.m. Joos/Link offered Resolution No 5836, A Resolution Conditionally Consenting to Cable Franchise Transfer, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Link offered Resolution No. 5833, A Resolution Of The City Of Shako pee Setting A Public Hearing To Consider A Petition To Nmex Approximately XXX Acres Of Land Contiguous To The City Generally Located In The Southeast Quadrant Of The Intersection of STH 169 And Official Proceedings of the December 17, 2002 Shakopee City Council Page -6- Marystown Road/CSAH 15, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Link. offered Resolution No. 5832, A Resolution Establishing A Municipal State Aid Street Along 4th A venue, From CSAH 17 (Marschall Road) To Holmes Street; 6th A venue, From, Holmes Street to Adams Street, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Link offered Ordinance No. 649, Fourth Series An Ordinance Of The City Of Shako pee, Minnesota, Amending Chapter 10 Of The City Code Pertaining To Public Protection, Crimes and Offenses, and moved its adoption. (Moti011 carried under the Consent Agenda). ,.. Joos/Link offered Resolution No. 5815, A Resolution Of The City Of Shako pee, Minnesota, Regarding Pa.J.iicipation In The Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Link moved to authorize execution of Change Order No.2 for the Police Building project in favor ofCM Construction, in the amount of$12,192. (Motion carried under the Consent Agenda). Joos/Link moved to accept the resignation of probationary police officer Asher Weidemann. (Motion carried under the Consent Agenda). Joos/Link moved to approve the following revised position descriptions and their assigns. 1. Recreation Supervisor - Athletics, Adult Activities and Summer Programs - Assigned: Sherry Dvorak. 2. Recreation Supervisor - Aquatics a.J.1d Community Center Operations - Assigned: Travis Karlen. 3. Recreation Supervisor - Youth, Teen and Senior Programs - Assigned: Vacant. (Motion carried under the Consent Agenda.) (CC Document No. 328) Joos/Link moved to adopt the revised part-time cable technician job description at a pay Grade H of the part-time pay plan. (Motion carried under the Consent Agenda). (CC Document No. 329) loos/Link offered Resolution No. 5837, A Resolution Adopting The City Of Shakopee's Level of Contribution For Employee Benefits For The Year 2003, and moved its adoption. (Motion carried under the Consent Agenda). Mr. McNeill reported on the appointments to the Shakopee Public Utilities Commission (SPUC) and the Planning Commission and the Board of Adjustment and Appeals. Cnc1s. Joos and Lehman were part of the interview panel and Cnd. Joos and Cncl. Lehman recommended the two candidates for the positions the candidate had applied for. These appointments were to fill the vacancies created by the death of Bob Sweeney on the SPUC Board and Mark Houser's Official Proceedings of the December 17, 2002 Shakopee City Council Page -7- position on the PI aIming Commission and the Board of Adjustment and Appeals due to his relocation. Joos/Lehman offered Resolution No. 5835, A Resolution Appointing Ryan Magin To The Shakopee Planning Commission and Board of Adjustment and Appeals, and moved its adoption. Motion carried 5-0. Joos/Lehman offered Resolution No. 5834, A Resolution Appointing Cole Van Horn To The Shakopee Public Utilities Commission, and moved its adoption. Motion carried 5-0. Mr. McNeill reported on the resignation submitted by David Thompson from the Shakopee Public Utilities Commission. Mr. McNeill reported that a SPUC member needed to reside within the City limits at the time of appointment but if the Commissioner moved outside the City limits before his term expired he had to submit his resignation. It was up to the Council whether that resignation was accepted or not. Mr. Thompson, member of SPUC, now resides outside the City of Shako pee. Mr. Thompson's term expires in March of2003; Mr. McNeill noted that Mr. Thompson has indicated a strong desire to finish out his tenn. Lehman/Helkamp moved to accept with regret the resignation of David Thompson from his position on the Shakopee Public Utilities Commission, effective March 31, 2003 or until a replacement is appointed to fill the unexpired term, whichever comes first. Cnd. Joos noted there are some key issues coming up on the SPUC and he felt Mr. Thompson's experience would be really appreciated by the other Commission members. Ms. Judith Cox, City Clerk, explained how the expiring positions on the various boards, commissions and committees where anticipated to take place. Mr. McNeill noted that the advertising to fill Mr. David Thompson's position on SPUC would be included with the advertising to fill other expiring positions on the various boards, commissions and committees for the City of Shakopee. Motion carried 5-0. Mr. McNeill reported on the City's response to the State's financial situation. Mr. McNeill stated that he was of the opinion that the State deficit was going to effect cities in some manner; he was not sure ofthe manner. Mr. McNeill noted there were some areas where the City of Shakopee felt they might loose some State money. Mr. McNeill noted where the City of Shakopee thought these areas might be i.e. LGA, Market Value Credit, and Fiscal Disparities. Mr. McNeill felt the Ci ty of Shakopee might loose about 6% of their budget through loss of some State funding. Mr. McNeill had a few ideas of where the budget might be trimmed and he wanted to get the Council's reaction. The areas where he felt the budget might be trimmed were: 1) a hiring freeze, 2) asking Department Heads to come up with ways to reduce their department budget's by 6% and 3) 2003 Non-Contract pay adjustment. He recommended that the City wait and see what Official Proceedings of the December 17, 2002 Shakopee City Council Page -8- State aid the City was going to get from the State and then go back and make a cost of living adjustment retroactive to January 1, 2003 for non-contract employees. The City wanted to see that the non-contract and union people were treated fairly and equally. Mr. McNeill noted cuts to get the City through 2003 were being looked at, as well as, cuts that would be for long term (cuts in services). Mr. McNeill thought the way the budget would be handled on the City level was how the Department Heads saw the deficit. Would it be a one-year fix or would this continue for another year. Mayor Mars thought a hiring freeze should be looked at on a case-by-case basis and he would like to see department heads chop 6% out of the budget because he felt the State was going to do something to the City's State aid. Mayor Mars would like to see the City less dependent on the State. He would also like to see the City prepared for what is coming from the State. Lehman/Link moved to implement a hiring freeze with hiring needs being considered on a case by case basis and to have Department Heads look at a 5-6% reduction in their respective budgets; and, moved to direct Department Heads to put together a dooms day scenario of everything happening (all funds received from the State are cut) how do they focus on the business that is the most important service to the citizens from their department. Cnd. Joos wanted to see a little bit more of what was going to happen at the State level before he acted. He thought it was good to have the staff doing what they are doing but he did not feel it was time for action yet. Cnc1. Helkamp wanted to be proactive on this budget situation. He did feel that a hiring freeze needed to be looked at on a case-by-case basis because there were some critical positions. He did like the idea of the Department Heads going through their budgets to see where they could trim 6% off their respective budget. Cncl. Helkamp stated that he was uncomfortable giving the non-contract employees no cost of living increase at this time. Mr. McNeill noted there were some positions that he wanted to get the Council's direction on tonight. These positions are: Police Officers - one was caused by a resignation accepted tonight (fill this) and a Community Service Officer -look at in January when goals are looked at. Additional Mechanic- Public Works Department for Fire Department - put on hold. Recreation Supervisor -There was much discussion on this position because if this position was not filled many programs would need to be cut. Mars/Lehman moved to hire a person to fill the vacant recreation supervisor position. Motion carried 5-0. The half-time clerical position had already been advertised for and consensus on the Council was to hire a person; the Building Maintenance Worker was put on hold for now and Mr. McNeill will bring the building maintenance worker position back at a future date. Official Proceedings of the December 17, 2002 Shakopee City Council Page -9- Motion carried 4-1 with Cncl. Joos dissenting. Joos/Lehman moved to give non-contract employees a 1.5% increase effective January 1,2003 and to review this issue again after the state legislature has come to some decision as to what state aid the cities would receive. Motion carried 5-0. Joos/Link moved to approve the application and grant a Taxicab License to Oscar Salas, Shakopee Taxi, contingent upon meeting all requirement of the City Code. (Motion carried under the Consent Agenda). 100slLink. moved to approve the application and grant a Pawnshop License to DRM LLC of Shalmpee, dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda). Joos/Link moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Andrew Pearson, DRM LLC of Shakopee, dba Excel Pawn 450 West 1st Avenue. (Motion carried under the Consent Agenda). J oos/Link moved to approve the application and grant a Pawnshop License to PawnXchange LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda). Joos/Link moved to approve the application and grant a pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Smith and Sherri Marzario, Pawn Xchange LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda). Joos/Link offered Ordinance No. 646, Fourth Series, An Ordinance Setting Fees For City Licenses, Permits, Service and Documents, and move its adoption. (Motion carried under the Consent Agenda). Joos/Link moved to approve the renewal of the workers compensation with the league of Cities Insurance Trust for a deposit premium of$123,205. (Motion carried under the Consent Agenda). Joos/Link moved to approve the applications and grant a Tattoo License to Linda Malone, Lucky Linda's Body Art, 205 South Lewis Street, and to Susan Prince, Permanent Cosmetics by Susan, 287 South Marschall Road, contingent upon meeting all requirements of the City Code. (Motion carried under the Consent Agenda). Joos/Link moved to approve the issuance of a Tattoo Employee License to Scot Neverdahl and Claudia Baca at Lucky Linda's Body Art, 205 South Lewis Street, contingent upon meeting all requirements ofthe City Code. (Motion carried under the Consent Agenda). Official Proceedings of the December 17,2002 Shakopee City Council Page -10- Mr. McNeill requested that the part-time pay plan not be acted on tonight because he needed to look at three part-time positions further and also the continuation ofthe 2002 employee rates of pay into 2003 need not be acted on at this time because of the motion made earlier tonight. Mars/Lehman moved to table the position classification placements for the Building Supervisor and Ice Arena Supervisor positions at the Community Center and the Receptionist position on the Part-Time Pay Plan and table the continuation of the 2002 Employee Rates of Pay into 2003. Motion carried 5-0. Mr. McNeill noted the Council needed to set a few workshop meetings for January to review their goals and so additional information could be presented on surveys. A second meeting would be needed to review the departments' budgets, except the Finance Department with each budget having a 5-6% budget reduction. Mayor Mars recommended Monday, January 13,2003 for the first meeting date (goals & survey) and Thursday January 16,2003 for the second meeting (5-6% budget cuts) with a start-time of 6:00 p.m. Mayor Mars also asked if the Hutchinson report would be available at that time. There was Council consensus that these dates and time were fine. Cncl. Lelunan brought up the issue of parking at Sun Path School. Mr. Leek updated the Council and noted that the School District was given four alternatives for helping that parking situation. There was discussion on a second access to Sun Path School. The parking problem is being worked on by the School District in concert with the City. Mayor Mars noted that he would like to have a year end review for the City of Shakopee at the January 7, 2003 City Council meeting. Joos/Lehman moved to recess to an executive session at 10:30 p.m. for the purpose of discussing labor negotiations. Motion carried 5-0. Mayor Mars re-convened the meeting at 11 :25 p.m. and reported that no action was taken during the executive session. Joos/Link moved to adjourn. Motion carried 5-0. The meeting was adjourned at 11 :25 p.m. ( ~ (J - , fj -1-- I I" ~vJJ;t . .~~. Jyrdith S. Cox , ity Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 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: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; Paul' Snook, Economic Development Coordinator; 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 deleted from the agenda. 15.FA Part-Time Pay Plans. JooslLink moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars noted that on December 18, 2002 the Metropolitan Council adopted their Blueprint 2030. Mayor Mars also noted that he attended a farewell for Art Bannerman, outgoing Scott County Commissioner, where Cnd. Link gave a presentation on Mr. Bannerman on behalf of the City of Shakopee. Mayor Mars also attended a farewell for Ted Mondale and Lee Shehe, Metropolitan Council representatives. Mayor Mars reported that today was the swearing in of the newly elected officials for Scott County, which he attended. Mayor Mars also noted that on January 8, 2003 the Metropolitan Council would be putting on a seminar regarding the revitalization of strip malls. Mayor Mars also noted the workshop this coming Monday January 13, 2003 regarding the City's goals and survey and a workshop on budget reductions Thursday, January 16, 2002. Mayor Mars gave a review for 2002 regarding the City of Shakopee. He noted some of the opportunities and challenges that faced the City in 2002 and shared some of the City views for 2003. Mayor Mars talked about the City's finances, some projects the City had done, some accomplishments the Planning Department had accomplished, and some other accomplishments made by the City, the Police Department was recognized for the implementation of some safety programs, as well as other City departments being recognized for their accomplishments. LehmanlLink moved to approve the Consent Agenda as presented. 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. LehmanlLink moved to approve the meeting minutes for October 15, 2002. (Motion carried under the Consent Agenda). Official Proceedings of the January 7, 2003 Shakopee City Council Page -2- Lehman/Link moved to approve the bills in the amount of$880,276.84 plus $36,485.90 for refunds, returns and pass through for a total of$916,762.74. (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 to consider the petition from Bauer, Theis, and Shakopee Valley Training Farm Inc. for Annexation of Certain Lands in Jackson Township. Mr. Leek, Community Development Director, reported on the petition for Annexation by the individuals and one entity for annexation from Jackson Township and into the City of Shakopee. Mr. Leek oriented the property for the annexation relative to the City of Shakopee boundaries on the overhead. Mr. Leek provided some background on the petition and noted that the petition was the triggering event that lead to the orderly annexation agreement between the City of Shakopee and Jackson Township that was approved and executed by the City Council and ultimately approved by the Boundaries Adjustments Office of the Minnesota Planning Agency. Mr. Leek noted that the property owners involved with the petition have had discussions with Tollefson Development regarding the property in question. Mr. Leek noted there were some key issues if this property were annexed into the City of Shakopee. Some of these issues were: land use, MUSA, roads, sanitary sewer, water and storm sewer. Mr. Leek gave a brief overview of the issues. Mr. Leek noted that if the Council did decide to annex this piece of property into the City the land uses projected to be used by the proposed developer were not guaranteed at this time. The timing of the MUSA extension was not guaranteed either. Mr. Leek did state that the sanitary sewer was available for this property because the Chaska Interceptor runs close to the area. Mr. Leek noted there was capacity for water drainage on these properties but the standards needed to be met. Mr. Leek noted for water to be extended to these properties the water would have to come from the east and extend to the west. Mr. Leek noted that ultimately Scott County would take jurisdiction over 17th Ave. 17th Avenue would be a replacement for County Road 16. In the future it was hoped that 17th Avenue would extend all the way to Marystown Road. A critical issue for this property was where access could be located on 17th Avenue. Mr. Leek noted because of the size of the property requesting to be annexed he did not think it was State statute that this possible annexation required a public hearing but attorney Karen Cole, Kennedy and Graven, Chartered, suggested that the public hearing be held so notice of the public hearing was sent out. Mr. Leek requested that after public testimony was taken that this annexation issue be continued until January 21,2003 because one of the petitioners was out of town and Jackson Township was not present at the meeting either for comments as well as comments from the Planning Commission would not be available until after this meeting. Mr. Leek noted that the negotiations with the School District and Jesse Theis, one of the petitioners of this request for annexation, regarding a land swap have not been completed but Official Proceedings of the January 7, 2003 Shako pee City Council Page -3- significant progress is being made. Mr. Leek noted that Tollefson Development has been facilitating the possible land swap. Mr. Leek noted two findings should be looked at to determine whether this land should be annexed into the City of Shakopee. These findings are: 1) is the property urbanizing or undergoing suburban development or soon would be and 2) is there no other alternative to provide sanitary sewer services to this land for development in an urban way. Mr. Leek noted that this was one ofthe identified areas of where the extension of MUS A needed to go shortly. Cncl. Link wanted to see design and architectural standards adopted for buildings within the City. He felt the City had fallen behind other cities in this respect. Mr. Leek addressed this statement. Cnd. Joos would like to see this issue addressed at a workshop. David Brown, representing the petitioners, approached the podium. He thanked everyone for their hard work to come up with an orderly annexation agreement. He noted he was just asking for annexation at this point. He noted Jackson Township withdrew their objection to this annexation. He was ready to move fOlWard. JooslLink moved to continue the public hearing on the annexation petition from Bauer, Theis, and Shakopee Valley Training Farm Inc. to January 21,2003. Motion carried 5-0. Cnc!. Lehman reported that he met with Vision Shakopee Board of Directors and they are still working on the Special Service District. Cncl. Lehman noted that he forwarded the minutes to Vision Shakopee in which direction was given by the Council and the Administrator from the City Lakeville regarding a Special Taxing District. Cncl. Lehman also noted that he attended the swearing in of the newly elected Scott County officials. Cnd. Link noted that the final meeting was held with Murphy's Landing Board of Directors on Thursday, January 2,2003. He noted all unfinished business was wrapped up and all unpaid bills were taken care of Cnd. Link noted the Murphy's Landing Corporation was dissolved and Three Rivers took over what was Murphy's Landing. Cncl. Link also attended the Shakopee Public Utilities Commission (SPUC) Meeting. Cnd. Link noted that SPUC was concerned about Time Warner using their poles without a pole agreement. Tracy Schaefer, Assistant to the City Administrator, addressed this concern. Mr. McNeill, City Administrator will follow-up on this issue with Mr. VanHout, General Manager of the Shakopee Public Utilities. Cncl. Link also noted that SPUC would like to have a joint meeting with the City Council to talk about some concerns. Cncl. Link also noted that SPUC had some concern as to who was the fee owner of the current Shakopee Public Utilities building. They would like to do a minor lot subdivision and sell property. Cnd. Link also noted that the helicopter was ready for pick-up from the United States Army. Official Proceedings of the January 7,2003 Shako pee City Council Page -4- Cnd. Joos thanked Mayor Mars for his report on happenings in and by the City of Shakopee during 2002. Cnd. Helkamp reported that he attended the Convention and Visitor's Bureau meeting and most of the information was included in the activities report because it was a lot of reading. Mayor Mars thanked all the Council members for all of the work put forward on their liaison appointments to the different committees/Boards. Joos/Link moved to recess at 7:53 p.m. for the purpose of conducting the Economic Development Authority Meeting. Motion carried 5-0. Mayor Mars reconvened the City Council meeting at 7:59 p.m. Lehman/Link offered Ordinance No. 651, Fourth Series An Ordinance Of The City Of Shako pee, Minnesota, Amending Section 12.19, Subdivision 1 Of The City Code Pertaining To The Reduction Of Financial Security For Developer-Constructed Public Improvements, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the Stipulation of permanent easement for Parcel No. 15 between the City of Shakopee and Robert 1. and Debra J. Larsen. (Motion carried under the Consent Agenda). [Valley View Road Project No. 2001-5] Mr. Loney reported on the feasibility reports, projects under design and other potential projects for 2003. Mr. Loney stated that the River District Trunk Sewer Reconstruction really had the highest priority within the City of Shakopee right now for the Feasibility Reports as well as a high priority for the Metropolitan Council. It is going to cost the City a lot of money to fix this trunk line but in the long run the City will save money. There were three projects that had been ordered by Council to do feasibility reports but Mr. Loney recommended putting these projects on hold for a year because there would be large assessments to the City for these projects. Mr. Loney recommended that the 2003 reconstruction of 4th Avenue, Viking Steel Road and Cavanaugh Drive proceed in 2003; work should continue on the Valley Park 6th Addition Stormwater Water Outlet and the east Shako pee Industrial Sanitary Sewer Extension. According to Mr. Loney, Vierling Drive from County Road 15 to Orchard Park West and the Soccer Complex Improvements including roadway, parking lots and grading have the highest priority of the City projects under design. As well as, the Minnesota Boat Landing because this boat landing has a DNR grant for this year. Mr. Loney reported that the City Engineering Department was donating the engineering work. Mr. Loney stated after this year that grant may no longer be available due the financial condition of the State. Mr. Loney noted that a feasibility report had been ordered for Vierling Drive. Official Proceedings of the January 7, 2003 Shako pee City Council Page -5- Mr. Loney noted some projects that should get done: These are: 1) Huber Park Grading , Improvements (at least working on grading plans should be done with acquiring fill as it becomes available); 2) Pheasant Run Storm Sewer Repair (one pipe needs to be oversized) and 3) the Dominion Hills Outlet Control Structures for Storm Drainage System. Mr. Loney noted some possible projects that the City needed to do but these projects are not crucial at this time and those projects are developer driven projects. Mr. Loney also recommended that Valley View Road Reconstruction (extension), 17th Avenue Extension east ofIndependence Avenue and the Public Works Salt Storage Building be done in 2003. Mr. Loney noted the funding cost and funding source for these projects. Mr. Loney noted that he and staff are doing several things to implement their standards. Some of these improved standards are mandated by the federal government. There was discussion on doing the reconstruction project on 4th Avenue, and the River District Truck Sewer; it was decided by Council that these projects needed to get done. Some of the projects recommended could be developer driven i.e. 17th Avenue extension west of County Road 79 and Valley View Road. The Council determined do all the projects recommended by Mr. Loney. Many ofthese projects had already been delayed several years. Mr. Loney noted that he was going to try and meet with The Shakopee Mdewakanton Tribal Leader to see where they were with their infrastructure plans for sanitary sewer and storm drainage systems. He noted that the City was working on plans for the Prior Lake Outlet Channel. Cne!. Helkamp asked about the Huber Park grading. Mr. Loney addressed this question. He noted that the grading needed a plan then the plan needed approval and a conditional use permit (CUP). Mr. Snook noted the EDA funded a master plan for Huber Park in 2001/2002. Mr. Leek noted that there are specific design decisions that need to be made; all of the pieces were there but some decisions need to be made relating to grading issues (elevations). LehmanlLink moved to authorize the appropriate City officials to enter into a Law Enforcement Mutual Aid Pact with the Carver County Sheriff's Office and the City of Shakopee. (Motion carried under the Consent Agenda). LehmanlLink offered Ordinance No. 647, Fourth Series An Ordinance Amending Fees Set For City Licenses, Permits, Services and Documents, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlLink moved to authorize the execution of a mutual aid agreement by and between the City of Shakopee and City of Belle Plaine for service provided by the respective fire departments. (Motion carried under the Consent Agenda). Official Proceedings of the January 7, 2003 Shakopee City Council Page -6- LehmanlLink moved to ratify the following elected officers of the Shakopee Fire Department for the year 2003. These officers are: Fire Chief, Terry Stang; 1st Ass't. Chief, Terry Link; 2nd Ass't. Chief, Rick Coleman; 1 st Captain, Ed SchwaesdaU; 2nd Captain, Marty Glynn, 3rd Captain, Demus Pauly; 4th Captain, Jacob Theisen, Fire Department Engineer, Bob Gieseke; 2nd Engineer, Ryan Yttreness and 3rd Engineer, Eric Bender. (Motion carried under the Consent Agenda). . LehmanlLink offered Resolution No. 5839, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Easement North Of County Road 42 and East and West OfCSAH 17, and moved its adoption. (Motion carried under the Consent Agenda). LelunanlLink moved to approve the satisfactory completion of the initial probationary period for Deputy City Clerk, Jeanette Shaner; Records Clerk, Lori Hensen; Senior Accounting Clerk, Eileen Klimek; Assistant to the City Administrator, Tracy Schaefer and Park and Recreation Secretary, Judy Techam, and grant full-time regular employee status to those individual, effective January 1,2003. (Motion carried under the Consent Agenda). LehmanlLink moved to accept with regret Randy Weckman's resignation from the Shakopee Fire Department effective January 1, 2003. (Motion carried under the Consent Agenda). LehmanlLink moved to approve the status of Community Service Officer Y zermans as full-time (40 hours per week) and Community Service Officer Cherrier as part-time (30 hours per week). (Motion carried under the Consent Agenda). LehmanlLink moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2003. (Motion carried under the Consent Agenda). Ms. Schaefer reported on some possible options for a City Flag as well as giving some history of the City of Shakopee. Ms. Schaefer noted that the current business cards and letterhead for the City stated Community Pride since 1857 (the first time the City was incorporated, the re- incorporation date was 1870). Ms. Schafer presented the current City Flag that was so old that it was hand sewn (if it was too be used it needed to be updated). She felt this flag was confusing. The second option Ms Schaefer presented was a flag with someone's vision as to what Shakopee was with some elements of the past and present (current City Logo on Letterhead). A third option was having a flag with a new design. The Council needed to decide as a policy decision what they wanted for a flag and also what date they wanted to use for the flag and City correspondence (if a date was to be used). Mr. McNeill noted the reason this issue had come up was that Scott County wanted to display the City Flag at the Scott County Fair and the City really did not have one for them to display. There was discussion as to which date should be used. There was general consensus by the City Council to use the year of 1857. Official Proceedings of the January 7, 2003 Shakopee City Council Page -7- Mayor Mars liked consistency and history incorporated into the flag. There was talk on updating the current flag. Cncl. Helkamp didn't think the expense of a new flag or updating the old flag' was appropriate in the budget right now. City staff was directed to come back with costs on revamping the old City flag. Ms. Schaefer noted that she would follow-up with costs. LelunanlLink offered Resolution No. 5338, A Resolution Adopting A 2003 Interim Pay Schedule For The Officers And Non-Union Employees Of The City Of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlLink moved that the City Council re-endorse the City Council Meeting policies used by the City Council in 2002. (CC Document No. 330) (Motion carried under the Consent Agenda). LehmanlLink moved to approve the following liaison appointments for 2003: Acting Mayor - Terry Joos; Shakopee Public Utilities Commission Liaison - Clete Link; I.S.D. 720 School Board _ Terry Joos; Scott County Board of Commissioners - Clete Link; Shakopee Convention and Visitors Bureau - Joe Helkamp; Shakopee Chamber of Commerce Board of Directors - Joe Helkamp; Association of Metropolitan Municipalities (and Alternate) - Bill Mars (City Administrator, Mark McNeill as Alternate); Suburban Rate Authority (and Alternate) - City Administrator, Mark McNeill (Alternate Economic Development Coordinator. Paul Snook); Vision Shakopee - Matt Lehman; Interview Committee - Clete Link and Joe Helkamp; Park and Recreation Advisory Board - Matt Lehman and Metropolitan Council - Mayor Mars and Michael Leek. (Motion carried under the Consent Agenda). Mr. McNeill was directed by Mayor Mars to set up an architectural building standards workshop. Mayor Mars would like to see this issue have a stand-alone meeting. Staffwas directed to generate information and a time would be set at a future date. Mayor Mars directed Mr. McNeill to follow-up on a date for a joint meeting with Shakopee Public Utilities Commission. Lehman/Helkamp moved to adjourn to Monday, January 13,2003 at 6:00p.m. Motion carried 5- O. The meeting adjourned at 8:50 p.rn. (J,~tLJ. (;;C J dith S. Cox City Clerk Carole Hedlund Recording Secretary