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HomeMy WebLinkAbout7. Approval of Minutes: November 12, 14, 19, 26 and December 02, 2002 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 12, 2002 Mayor Mars called the meeting to order at 5:30 p.m. with Council members Lelunan, Link, and Joos present. Also present: Mark McNeill, City Administrator and Judith S. Cox, City Clerk. Lehman/Link moved to approve the agenda. Motion carried unanimously. Mayor Mars thanked the 13 candidates who expressed interest in filling the vacancy on the City Council. Council members were provided with a list of the applicants for the vacancy on the City Council due to the recent death of Councilor R. O. Sweeney. Each Cot.mcil member voted for three candidates to be interviewed for the vacancy. Mr. McNeill acknowledged receiving the ballots from the Council members for the candidates and asked the City Clerk for the results of the votes. Ms. Cox read the names of all individuals who received votes: Barbara Breldce 2 Kevin Carstens 1 Kathy Gerlach 1 Allan Hastings 1 Joseph Helkamp 3 Charley Kubler 1 Clifford Stafford 1 Timothy Waldorf 2 Mr. McNeil stated that the decision that needs to be made is whether Cot.mcil wants to go with interviewing three, which had been the recommendation, and then determine which three they would be. Three have received more than one vote and one of those has received a majority. The question is whether Council is comfortable with these three or whether they wish to further narroW it down in order to come up with the finalists. Lehman/Link moved that the top tlU'ee candidates be brought forward for interviews. Motion carried unanimously. Staff was directed to contact the top three candidates who will come before the City Council for interviews on Thursday, February 14,2002, at 5:30. They will be asked to give a three to five minute talk on why they would like to be on the City Council and also be available to answer questions that may be similar to ones that were on the questionnaire or other questions by the Council members. Official Proceedings of the November 12, 2002 Shakopee City Council Page -2- Lehman/Link moved to remove from the table and retable consideration of consideration of Change Order No.3 for the library project to the City Council meeting of Tuesday, November 19,2002. Motion carried unanimously. Cncl. Link stated that he has been informed by some people at Public Works that O'Dowd Park has become a dump again and they are spending so much time out there cleaning up other peoples garbage and tires, washers, leaves and branches. There is a feeling that something needs to be done there. Mr. Link suggested gating it off for the winter. Discussion followed. Mr. McNeill stated that staff will talk with the Police and see what they would reconm1end. Lelunan/Link moved to adjourn to Thursday, November 14,2002, at 5:30 p.m. Motion carried unanimously. The meeting adjourned at 5:39 p.m. ~.d.Cy. cadith s. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION CITY OF SHAKO PEE NOVEMBER 14,2002 Mayor Mars called the meeting to order at 5:35 p.m. with Council members Link, Lehman, and Joos present. Also present: Mark McNeill, City Administrator and Judith S. Cox, City Clerk. Lehman/Link moved to approve the agenda. Motion carried unanimously. Mr. McNeill stated that the City Attorney is tmable to be at the meeting tonight, but he is available by phone. Mr. McNeill did discuss with him the process that staff suggests be followed. Mr. McNeill explained that the three candidates for the vacant city council position will draw lots to see what order they will speak in and the other two candidates will be asked to step into the lobby until their interview. Following the interviews of the candidates, Council members will be asked to list their preference for their candidate and give their ballot to the City Clerk. When a candidate receives three of four votes, than that person would be the successful candidate. Then it would be appropriate for the City Council to make a motion to appoint the successful person to the seat on the City Council. If, after a reasonable number of re-votes, it is apparent that no candidate will receive more than two votes, by state law the Mayor then would break the tie. According to the City Attorney, if after a reasonable amount of time, and it is a 2- 1-1 vote, he would consider that a tie. Mr. McNeill stated that each candidate would have three to five minutes for an opening statement concerning qualifications and why they are interested in the Council position, which will be followed by questions from Council members. Ms. Barbara Breldce made her opening statement and answered questions of Council members. Mr. Joseph Helkamp made his opening statement and answered questions of Council members. Mr. Timothy Waldorf made his opening statement and answered questions of Council members. Mayor Mars thanked the candidates for their efforts and for applying to fill the vacancy. Council members then voted on their candidate for the Council seat. The City Clerk alU10unced the results: Barbara Brekke: Mayor Mars Joseph Helkamp: Council members Joos, Lehman, and Link The City Clerk stated that there is a total of three votes for Mr. Helkamp. Official Proceedings ofthe February 14,2002 Shakopee City Council Page -2- Joos/Lehman moved to appoint Mr. Helkamp to fill the vacant seat 011 the City Council. Motion canied unanimously. Joos/Lelunan moved to adjourn to Tuesday, November 19,2002, at 7:00 p.m. The meeting adjourned around 6:00 p.m. ~j,~ ~th S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA NOVEMBER 19, 2002 Mayor Mars called the meeting to order at 7:00 p.m. and Judith Cox, City Clerk, gave the oath of office to Joe Helkamp, who is the newly appointed Council member to fill the vacancy created by the death of Robert O. Sweeney. Roll call was taken with Council members Lelunan, Link, Joos, Helkamp and Mayor Mars 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; Gregg V oxland, Finance Director; Mark Themig, Facilities and Recreation Director; Tracy Schaefer, Assistant to the City Administrator and Dan Hughes, Police Chief. The pledge of allegiance was recited. The following item was deleted from the agenda. 14.C. Comprehensive Plan/Land Use Amendment for property located south ofSTH 169, West of Dean Lake, n0l1h ofCSAH 16 and east ofCSAH 83. It was noted that Valley Green Business Park requested that this item be deferred to a future meeting. The following item was added to the agenda. 16.A. Council Concerns - Intersection of Valley View Road and County Road 17 (Marschall Avenue). Mayor Mars also noted that the start time for the December 10,2002 Special City Council Meeting with the Townships and Environmental Advisory Committee will be discussed under Council Concerns. Link/Joos moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars presented a plaque to the Sweeney Family in recognition of Bob Sweeney's contributions to the City of Shakopee. Mayor Mars read the plaque into the record. (CC Document No. 327) The following item was deleted from the Consent Agenda. IS.C.l Monarch Estates Final Plat- Conveyance of 33 foot Strip. The following items were added to the Consent Agenda. IS.E.3 Hiring of Public Works Maintenance Operator and 15.F. 3 Library Change Order No.3. 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. Official Proceedings of the November 19,2002 Shakopee City Council Page -2- Lelmlan/Joos moved to approve the meeting minutes for August 8, 2002 and September 9,2002. (Motion calTied under the Consent Agenda). Lehman/Joos moved to approve the bills in the amount of $1,825,768.80 plus $175,223.17 for refunds, returns and pass through for a total of $2,000,991.97. (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 special assessments for delinquent refuse bills from Dick's/Lakeville Sanitation, Inc. Tracy Schaefer, Assistant to the City Administrator, proposed special assessments to be paid with taxes payable in 2003 for property owners with delinquent refuse bills. Ms. Schaefer noted that this was the third year that the City would be involved in delinquent refuse collection. This process originally started with Waste Management not Dick's Sanitation. Ms. Schaefer noted that Dick's Sanitation has provided the City a list of delinquent refuse customers. Ms. Schaefer noted many of the properties that are now delinquent are rental properties. Ms. Schaefer noted that landlords were notified the refuse bills could be sent to them rather than the tenant, but some landlords have declined this option of early notification of late garbage bill payment; another option was for Dick's Sanitation to bill the renter and send a shadow bill/statement to the landlord. The delinquent garbage bills total right now is $24,287.57. Ms Schaefer noted that staff is asking that this information be recorded with the County and is due at the end of December. It was noted by Ms. Schaefer that residents would be assessed an additional $40 as well as the delinquent refuse payment. Ms. Schaefer reported that many residents had been successfully worked with to come to some payment agreement on their refuse collection. Ms. Schaefer reported how and why the City got involved with delinquent refuse payments. She noted that this was legal (per the City Attorney) for the City to get involved (Health and Safety Standards). The bottom line was that the City was in this business as a service to the residents and the type system that Shakopee had today was a closed system. To help the system along and not allow for a huge amount of illegal dumping the City required Dick's Sanitation to leave refuse containers at all residences and some rental units within the City. Mayor Mays asked if other Cities had taken this step and Ms. Schaefer noted that it was a common practice. Ms. Schaefer also stated that the City Attorney informed the City that the State had put the collection of garbage on the same pedestal as other public utilities. Eldon Reinke, 2569 Howard Trail, approached the podium to read a letter that he had passed out to the City Council stating his objection to the Ordinance that allows Dick's Sanitation to impose delinquent sanitation fees on the real estate taxes of his rental property. When Mr. Reinke received notice of this public hearing, it was the first time he was made aware that his tenants were not paying their refuse bills. Official Proceedings of the November 19,2002 Shakopee City Council Page -3- Mr. Reinke felt he was not responsible for Dick's Sanitation bills since he did not contract with them for any service. Mr. Reinke noted that Dick's Sanitation had not contacted him about delinquent properties. Mr. McNeill noted that because the tenant in question in "Good Faith" had reached a payment plan with Dick's Sanitation that this property could be removed from the list. Ms. Schaefer noted that the check on the delinquent account that Mr. Reinke was speaking about did not get through the bank because the account had been closed according to Dick's Sanitation! This issue will continue to be worked on. Mr. Reinke was in favor of this type of refuse hauling but he did not like the ordinance. He felt the ordinance left no incentive for renters to pay their garbage bill. Cncl. Link felt the City should stay out of the delinquent garbage bill collection. Joos/Lehman moved to close the public hearing. Motion carried 5-0. Cncl. Joos would like staff to take a look at all rental properties and he also thought shadow billing was a way the landlords could see that the garbage bill was being paid. Cncl. Link stated that the reason the City had a list of uncollected garbage bills was that many people in the community felt that they were being billed for a service that they did not require. Lehman/Joos offered Resolution No. 5810, A Resolution Adopting Assessments For Delinquent Garbage Bills, and moved its adoption. Mayor Mars talked about rental properties and gave some options available. Cncl. Link would like to see this issue tabled and some revisions made to the policy after looking into concerns. Ms. Schaefer stated that she was confident that the figure to be assessed would be under $10,000 after payment schedules are looked at for many of the delinquent accounts. Motion carried 4-1 with Cnc1. Link dissenting. Cncl. Lehman would like staff to look into shadowing billing for rental property. Mr. Reinke stated that he would like to be billed monthly and with detailed bills. Mayor Mars opened the public hearing regarding the cunency exchange license renewals for four businesses in the City of Shakop~e. Official Proceedings of the November 19, 2002 Shakopee City Council Page -4- Ms. Judith Cox, City Clerk, reported on the four applicants under consideration for renewal of their currency exchange license. Ms. Cox stated the applicants have provided the State with the required $10,000 Currency Exchange Surety Bond and the Chief of Police has stated that he is unaware of any reason for the City to obj ect to the granting of the clmency exchange license to these applicants. There was no one present in the audience who wished to speak regarding the license renewals. Joos/Lelunan moved to close the public hearing. Motion carried 5-0. Lerunan/Link offered Resolution 5811, A Resolution of the City of Shakopee,Minnesota, Approving The Application Of Checks Cashed of America, LLC, Madison Financial Companies, DRM LLC Of Shakopee, and Game Cash Inc. For A Currency Exchange License, and moved its adoption. Motion carried 5-0. Cncl. Lehman publicly thanked the VFW for donating the free ice time at the Shakopee Community Center Ice Arena. He also stated that he had been working on the Ryland Project. Bruce Loney, Public Works Director/City Engineer, commented on Cncl. Link's and Mayor Mars phone calls that they had received regarding the snow parking ordinance if there was no snow. Mr. Loney noted there are parking restrictions and many other cities also have parking restrictions. Mr. Loney stated there would be no parking on some public streets and in some areas from the hours of 2 a.m. to 6 a.m. from November 1 sl to March 31 sl under the Snow Emergency restrictions. The City needed the people to get into this habit so this ordinance is being enforced with warning tickets now and the Police Chief noted tickets would be issued begilming December 1,2002. Cncl. Link reported on the Shakopee Public Utilities Commission (SPUC) Meeting that he attended and noted that one of the concerns that still needed to be worked out was the water service from the City of Savage to the Subdivision (Muhlenhardt property). Mr. Leek, Community Development Director, noted that when the City Council approved the Comprehensive Plan Amendment to re-guide this property it was done with the contingency that an agreement regarding water service to this propose subdivision be agreed upon with SPUC and the City of Savage. Cncl. Link also stated that he, Mr. McNeill, the fire chief and a Greystone Construction representative met at the old Fire Station regarding the roof. Mr. Linle noted that he was in the process of doing plans and specs for the new roof. Cncl. Joos attended the School Board meeting. He noted according to the School District things could now progress because of the passing of the school referendum. Mr. Joos stated that it sounded like the School District was close on negotiating property for a land swap. Cncl. Joos also reported that there were some parking issues at the Sun Path School that he had addressed with Mr. Loney and Mr. Leek. Official Proceedings of the November 19,2002 Shakopee City Council Page -5- Mayor Mars did some rearranging of liaison duties. Mayor Mars asked Cncl. Link to continue with being the liaison to SPUC. Cnc1. Link agreed to this. Cnc1. Helkamp agreed to be liaison to the Convention and Visitors Bureau and the Chamber of Commerce. Cncl. Joos had offered to give up his liaison position to the Chamber of Commerce to Cnc1. Helkamp. Mr. Leek, Community Development Director, reported on the Comprehensive Plan Amendment for property located south of Valley View Road. Mr. Leek spoke to some ofthe areas of MUSA within the City and noted that there was no MUSA to the properties south of Valley View Road until the improvements were made to Valley View Road. Not having MUSA extended to the properties on the south was an impediment to getting Valley View Road improvements done. These property owners were worked with regarding how much land they had to develop if MUSA was extended to them and what the assessments would be. Mr. Leek noted that this had been a long process because of everything involved. Currently, these properties are all guided rural residential. With the MUSA that has been extended to these properties, the land now needs to be re-guided so the properties can be developed. Staff is proposing a single-family residential re-guiding to these properties so when the landowners are ready to develop the property the stage has been set for the Land Use classification. Mr. Leek noted that the Planning Commission did hold a public hearing on this issue and voted 6-1 to recommend this re-guiding to the City Council. This re-guiding would be for the property owners on the south side of Valley View Road whom the City has been in contact with the exception for the re-guiding of property owned by Jesse J. and Dawn R. Kalmke, 2224 Valley View Road. The Kahnke's, per a written request, have asked that their land be excluded from the re-guiding. In Mr. Leek's opinion leaving the property owned by the Kahnke's out of the re-guiding did not necessitate spot zoning. Mr. Leek explained the properties in the area of the Kahnke's horse farm. Joos/Lehman moved to direct staff to prepare a resolution re-guiding the following properties: The Schultz property, Valley View Road; John H. & Kristen L. Huth, 1730 Valley View Road E.; The Fonder property, Valley View Road; Robert & Gail Berg, 1902 Valley View Road; Robert J. Larsen, 2424 Valley View Road E.; Gene Hauer Farms, Valley View Road; Terry and Kitty S. Hauer, 2512 Valley View Road and William G. Schmitz, 2468 Valley View Road with the exception of the Jesse J. & Dawn R. Kahnke, 2224 Valley View Road from Rural Residential to Single Family Residential. Mayor Mars spoke to the issue ofleaving out the Kahnke property. Mr. Leek stated that the Kahnke's said they would initiate the re-guiding process when they wanted their property re- guided and rezoned. Mr. Leek noted there was a cost to the Kahnke's associated with this exclusion; the Kahnke's were made aware of this cost. Motion carried 5-0. Official Proceedings of the November 19,2002 Shakopee City Council Page -6- Mr. Leek reported on the pun Amendment for Southbridge Crossings 2nd Addition. He noted there were four basic requests for this amendment. These requests are: 1) signage variation both to respect to freestanding and wall signs [number, height and size in freestanding signs and walls signage for the Wal-Mart Store]; 2) setback variations [it was noted that the Council went over this request earlier and had no problems with it]; 3) Blanket Conditional Use Permit (CUP) [relates to potential uses that could have drive thru's or drive up windows]; 4) Multiple structures on one lot [it was noted that the Council went over this request earlier and had no problems with it]. Mr. Leek noted that there had been a request from one of the Councilor's to research WalMart signage in neighboring cities. Only two City's of the six called responded to Mr. Leek's request. Mr. Leek, therefore, check out City Code in the four City's that did not respond and found out that our code is more restrictive than what other City's allow for signage. Mr. Leek noted that the applicant is proposing ten monument style signs that are free standing signs and according to City code six monument signs would be allowed. Mayor Mars stated that a blanket CUP over the Planned Unit Development (PUD) would allow administrative review of conditional uses rather than the individual public process. He also noted that the signage issue needed to be discussed. The blanket CUP issue was discussed first. Cncl. Lelunan stated that he would like to see everything in place up front for the pun. Cnc1. Joos noted that the concept of the PUD was a give and take process between the developer and the City and he really thought the CUP process should go before the Planning Commission or Board of Adjustment and Appeals not handled administratively. Mr. Leek did indicate that in reality there would be changes to the pun, if a complete p.u.n. were presented now. Steve Soltau, Shakopee Crossings, approached the podium to discuss the blanket CUP over the PUD request that would allow administrative review. Mr. Soltau reiterated Mr. Leek's comment that in reality there would be changes to the site plan; however the public infrastructure components would not be changed. It was just a concept now and not all users have been identified. Mr. Soltau showed the Council what he had laid out for the P.U.D. He felt a blanket CUP would save everyone time and it was allowed in City Code. He felt the conditions applied to certain businesses were pretty standard and he looked at this request as an efficiency. Mr. Soltau wanted the standards (conditions) adopted so he could communicate these standards to potential users and then, according to him, a blanket CUP would be okay. It would be nice to know the detail but that was unavailable so the standards would suffice. Official Proceedings of the November 19,2002 Shakopee City Council Page -7- Cncl. Joos was uncomfortable not having the Board of Adjustment and Appeals/Planning Commission review the CUP's. Mayor Mars referred to the impacts that some buildings had. He felt the blanket CUP did have some efficiency but the impacts were of great concern to him. Mr. Leek noted that an administrative review could be done with a list of conditions and if need be the CUP request could then go to the Board of Adjustment and Appeals /Plmming Commission for their review if necessary. Cnd. Joos thought this process would circumvent public input mld he felt the public input was extremely helpful. Cncl. Link felt public input was important and the residents should have the opportunity to give public input. Cncl. Lehman thought the impacts should be looked at and he did not feel staff needed this responsibility. Cncl. Helkamp was uncomfortable with staff bearing the responsibility to approve CUP's and he felt a blanket CUP shortchmlged the resident's rights for public input. There was consensus by the City Council that the blanket CUP was not a good idea. The issue of the signage request was discussed at this time. There was discussion on wall signage as well as monument signage (freestanding signs). Mr. Leek attempted to breakdown the signage request. He began with freestanding signs. He noted that two zoning classifications were involved. These classifications are: 1) Highway Business [B1] and Community Commercial [CC]. Mr. Leek noted that according to Ms. Klima's memo, Ms. Klima noted that according to current code there could be one monument sign in the Community Commercial Zone and five freestanding signs in the Highway Business Zone. Mr. Soltau has proposed some different classes of identification signs. One classification was quadrant center signs located in the Community Commercial Zone. Mr. Leek noted there was also a proposal for variation in sign size for WalMart as well as Sam's Club. Mr. Leek did note that this commercial area was quite large in number of acres. Mr. Leek thought the Planning Commission was probably mostly concerned about the size, magnitude and height of the signage. The Planning Commission felt the businesses were quite visible. Mayor Mars noted the applicant was requesting 10 freestanding signs. For a couple of the signs he was also asking for a variance for size, square footage and height. Steve Soltau,Shakopee Crossings again approached the podium to make a couple of prepatory comments before the other presenters presented. He was concerned that because of the huge site perhaps the provisions of City Code may not be applicable to the site. He thought there might need to be some flexibility. It was his contention that the vote on the Planning Commission was a vote of consistency. Mr. Soltau noted where he was asking for sign variances, that the area was within a PUD and there were significant elevation changes (this was the rationale behind the height). Mr. Soltau would like to apply the B I underlying criteria to the wall signage in the Official Proceedings of the November 19,2002 Shakopee City Cm.mcil Page -8- Community Commercial Zone. Kathy Anderson, Principal with KKE Architects, approached the podium to give some comparisons as to how other PUD's have been done. Ms. Anderson noted the key with the PUD was flexibility; with the PUD some unique things could be done. She noted that this was a large area and it was by roadways with high speed. She noted that freestanding signs should be automobile oriented and once you get up to the shops then pedestrian oriented signs become important. She suggested two 36 feet high signs with a square footage of 160 sq. feet per side of signage listing multiple tenants in the two major businesses (Sam's and WaIMart). She would also like to see some smaller 12 foot signs with 80 square feet per side with architectural compatibility with the two larger signs. Ms. Anderson stated that in reality these large signs looked like postage stamps when the overall picture was looked at. It was when the numbers were being looked at by themselves that the signs appeared to be so huge. She noted in her mind the two large identification signs formed a gateway to the retail center creating a very nice setting. It was suggested that the signage be looked at as a whole rather than coming to a consensus on the freestanding signs. The wall signage was now discussed. The discussion was mainly about WalMart. Ms. Anderson stated that typically they write their wall signage as a percentage of the facade of the building. She also felt the multiple signs on large businesses broke up the big box look. She felt the aesthetics looked better when a percentage of the front fayade was used to determine the amount of signage. Darcy Winter, representing WalMart and Sam's in Minnesota, local commercial real estate broker, approached the podium to discuss the wall signage. Ms. Winter stated not all WalMart's and Sam's Club do the same things. She also noted that some of the signage noticed what was going on inside the store. Ms. Winter started with WalMart. She stated that with the exterior elevations it was proposed that the majority of the signage face the public part of the property rather that STH 169 or Southbridge Parkway. Rather than have four signs, they proposed to have two entrance signs. Ms. Winter stated that WalMart believed directional signage was important. Ms. Winter stated that for the WalMart Store, they were asking for one directional sign and seven other signs on the front of building. The rear of the building has one business and they are proposing small signage over the bays with directional arrows and one identification sign. Sam's Club was asking for one main Sam's Club sign with small lettering identifying businesses within. The amount of signage that Sam's has requested is: Sam's is requesting five signs where two signs are allowed; Sam's is requesting 476 sq. feet on the front of the building where 200 Official Proceedings of the November 19, 2002 Shakopee City COlmcil Page -9- square feet is allowed and on the side of the building Sam's is requesting 48 square feet where according to Ms. Winter 604 linear feet would be allowed. Cncl. Lelullan said looking at the building size, the signage seemed reasonable. Cnc1. Helkamp suggested taking the pennitted signage from the side and apply to the front signage. encl. Joos stated he did not like all the signage. Cncl. Link stated that signs needed to be architecturally proportionate to the building to look right. Cnc1. Lelunan noted that the issue to night was - is the Council going to allow a change. Cncl. Link stated that when dealing with a site this massive and the other huge boxes going in on the site some flexibility was needed in the sign ordinance. Cncl. Lehman also agreed with Cnc1. Link. There was discussion on whether the sign code needed to be addressed. Mayor Mars stated that he was willing to have the wall signage permitted on the sides and rear of the building be transferred to the front of the building thus allowing more signage on the front and none on the back and sides. There was some agreement on the Council that this was okay. Lehman/Mars moved to direct staff to prepare a resolution on the four requested amendments to the Southbridge Crossings pun consistent with the Council's discussion over the last two meetings to be brought back at the next Council Meeting. This direction was given tonight and at the last couple of meetings. Motion carried 4-1 with Cnc1. Joos dissenting. Cncl. Helkamp felt the identification sign on Southbridge Parkway was excessive. He felt City Code should be okay in this sign position (20 feet high and 125 square feet of signage). There was consensus by the Council that this sign should be held to City Code requirements. Because this was the showcase entrance. Cnc1. Link felt some flexibility should be granted because this was the signature piece. Cncl. Helkamp felt the identification sign at the other location was okay at 36 feet in height and 168 square feet of signage because of the elevation. This sign faced east and west and was along the STH 169 side. This sign was beneficial to the people coming from the west and was also looked at as a safety feature. Cnc1. Joos stated he was okay with the quadrant signs. Cnc1. Lehman pointed out that really the signs were only 2 feet over the code. Cnc1. Helkamp stated in fairness to all perhaps the size of the quadrant signs should be held to code (10 feet high) and the number held at 8 but the square Official Proceedings of the November 19,2002 Shakopee City Council Page -10- footage would be increased to 125 square feet per sign. Cncl. Lehman stated he was opposed to a blanket CUP. There was consensus that the B 1 standards could be applied to the Community Commercial portion of the Retail Center PUD. LehmanIMars moved to direct staff that the B 1 standards could be applied to the Community Commercial portion of the Retail Center PUD, that the setbacks that were agreed upon at the City Council meeting of November 7,2002 were agreeable to the Council, the Council was agreeable to the agreed upon multiple structures on a lot as discussed at the November 7,2002 City Council meeting, the Council was not agreeable to the blanket CUP for drive-ups and drive- throughs, and the Council was agreeable to the wall and freestanding signage as agreed upon tonight. That wall and freestanding signage is: the agreed upon wall signage for WalMali alld Salll'S Club would be the alllount of sign age permitted on the side and rear walls could be transferred to the front wall thus allowing more front signage than code allows alld no signage on the rear or side walls; Identification sign number 1 was okay to be 36 feet high alld have 160 square foot of signage per side; identifications number 2 needed to held to code; only eight (8) quadrallt signs would be allowed, the signs needed to hold to code on height and square footage allowed for sigl1age. Motion carried 4-1 with Cncl. Joos dissenting. Lehman/Link moved to authorize staff to issue a building permit to allow the bases to the two monument signs be constructed subject to conditions approved by the City Attorney and a holdharmless agreement. Motion carried 5-0. A recess was taken at 10:12 p.m. Mayor Mars reconvened the meeting at 10:22 p.m. Lehman/Joos offered Resolution No. 5824, A Resolution Of The City of Shakopee, Milmesota, Accepting A $2,500 Donation From Shakopee VFW Post 4046, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported on new information regarding the Final Plat of Monarch Estates. Mr. Leek passed out a draft Resolution to the Council Members. Mr. Leek noted that this was a plat consisting of single-family homes. Mr. Leek noted there was a 33 foot strip of land that staff had been dealing with. City staffthought this 33 foot strip belonged to the City; this area was annexed from Eagle Creek Township. The 33 feet had previously been a part of a township road. Mr. Leek noted that there is still some question regarding the actual ownership, so Corrine Thomson, Attorney with Kennedy and Graven, suggested that a quit-claim deed be used to transfer title at this time. Mr. Leek noted that staff is proposing that the appropriate City officials Official Proceedings of the November 19,2002 Shakopee City Council Page -11- be authorized to transfer the 33 foot strip of property to Tollefson Development, Inc. for inclusion in the Monarch Estates plat. Gary Wollschlager, Tollefson Development, approached the podium with some comments. He stated that he went to the County and the County's PID number for this 33 feet showed the City of Shakopee as the owner. When Mr. Wollschlager went to do title work the City showed up as a third party owner. Mr. Wollschlager had an issue with the ownership. Mr. Wollschlager stated that this was a legal issue. If the strip was not being used for road purposes who was the owner? Mr. Wollschlager stated that early in the process City staff told him to include that 33 feet into the Monarch Estates plat and without this 33 feet the plat does not conform to City standards. Mr. Wollschlager stated that he had papers from the City showing that they owned title to this 33 feet. Mr. Wollschlager needed the City Council to direct City staff and the City Attorney to go over records and for the City to prove ownership of those 33 feet. Mr. Thomson stated that the title commitment that the City received November 19,2002 showed ownership in the third party. The City did not show up as owner. Mr. Thomson suggested that the resolution be adopted and that the City work with the developer to clear up this matter. Lehman/Link offered Resolution No. 5814, A Resolution Authorizing the Sale of Certain Real Estate, and moved its adoption. Motion carried 5-0. Lehman/Joos offered Resolution No. 5826, A Resolution Of The City Of Shako pee Setting A Public Hearing To Consider A Petition To Amlex Approximately 128 Acres Of Contiguous To The City Generally Described As The Theis, Bauer and Shakopee Training Farm Properties, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate City officials to execute the proposed Joint Powers Agreement For the Construction And Maintenance Of An Interim Sanitary Sewer Supply Between The City of Shakopee and the City of Savage as presented. (Motion carried under the Consent Agenda). Mr. Leek addressed the Council on the status of ISTS discussions relative to the Final Plat of Westridge Lake Estates 3rd Addition. Mr. Leek stated that on October 16, 2001 the Council did approve the final Plat of this last phase of Westridge Lake Estates. The Council did at that time put the condition on the Final Plat of Westridge Estates 3rd Addition that the applicant receive final approval from the County on the ISTS' s before the Final Plat was recorded. Mr. Leek noted that there have been discussions with the County and the developer but the end result is that the ISTS's systems have not been approved by the County. Rod Krass, Attorney representing Mr. Gonyea, the developer, approached the podium and stated that they needed some additional help from the City Council. Mr. Krass gave a summary as to Official Proceedings of the November 19,2002 Shakopee City Council Page -12- how this situation evolved. The City approved the final plat for Westridge Lake Estates under the old County ordinance and the County says that Westridge Lake Estates should be under the new ordinance and they cannot meet the requirement of the new ordinance. Mr. Krass requested that a motion be adopted tonight that one or two of the Council Members and whatever staff deemed appropriate by the City Council meet with appropriate County officials and the developer to come to some resolution. The County's contention is that they have to hold to the line until some elected officials (County Commissioners) tell them they can issue some variances or whatever so a resolution to the problem can be achieved. Mr. Thomson, noted that it is clear today the State Law does not allow a City to regulate less restrictively than the County Ordinance. It was concluded that there was nothing the City could do. They could not take back the regulatory authority and adopt an ordinance that was inconsistent with the COlillty. Mr. Thomson felt the stlill1bling block was that the City couldn't do anything right now under State Law. Mr. Thomson noted that this plat has never been recorded because County approval of the ISTS's was not received and that was a condition of the City Council approval back in 2001. Darrell Gonyea, 1053 Peninsula Point Road, approached the podium and told the City Council all that he had done regarding this plat. Mr. Gonyea believed that Scott County had a different set of rules for the Townships from the City's back in 1993. Michael Svoboda, Community Development Director for Scott County, approached the podium and noted that all developers are treated the same. He noted that all programs are administered based on the times and the legal requirements that are obligated in the ordinance and the County is administering this decision in that direction. He noted that he had been giving Mr. Gonyea options. Al Freschette, Department of Health Manager for Scott County, approached the podium and noted that Commissioner Marschall did contact him. Mr. Freschette noted that to his knowledge there are no other plats being reviewed, at this time, that have been caught in this time warp, like Mr. Gonyea. The County felt the only solution was to reduce the number oflots so the ISTS's requirements could be met on each lot. He noted also that the County has never scaled back their requirements from State Law. The County did offer Mr. Gonyea the solution of reducing the size of the ISTS' s rectangular square feet requirement downward if the l1lunber of bedrooms per home were stipulated and under less than five in number. Mr. Freschette also addressed the 44 lots already built on. Joos/Lehman moved to authorize two of the Council Members and whatever staff deemed appropriate by the City Council to meet with appropriate County officials and the developer to come to some resolution. Official Proceedings of the November 19,2002 Shakopee City Council Page -13- Cnd. Joos stated that he felt it would benefit the City and County if the City facilitated with a meeting between the County and the developer and a resolution could be agreed upon. Cncl. Joos volunteered to help facilitate this meeting. Motion carried 4-1 with encl. Helkamp dissenting. Mayor Mars appointed Cnc1s. Link and Joos to facilitate a meeting between the developer and the County and for them to pick appropriate staff to see if a resolution can be gained. LehmanlJoos offered Resolution No. 5812, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of Riverside Grove First Addition, and moved its adoption. (Motion carried under the Consent Agenda). Lelmlan/Joos offered Resolution No. 5813, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of Stagecoach Business Center, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director/City Engineer, reported on the draft of Scott County's 2003- 2007 Highway CIP. Mr. Loney noted that this County Highway CIP had not been formally brought before the Council before. Mr. Loney stated that the County Board would be acting on this CIP at their December Board meeting. Mr. Loney stated that County staff in recent years is involving City staff and getting their comments earlier with this Highway CIP than in the in past years. Mr. Loney sent his comments to Brad Larsen, at the County, in June of2002 as to what he thought should be looked at in the County Highway CIP for 2003-2007. Mr. Larsen put together all comments received from other City's within the County to see what projects the County should be looking at. Mr. Loney noted that the Council was given a list of studies, as well as, a list of projects. Mr. Loney noted that the future extension of County Road 21 would affect the City of Shakopee in the future. Mr. Loney stated the County is starting the funding process for County Road 21 and the nmds are being allocated for this project in 2003. Mr. Loney stated the County had County Road 21 originally programmed for 2005 with the first leg of the project to begin in 2006. Mr. Loney commented that perhaps it would be advantageous to make the connection from County Road 21 all the way to County Road 18 with a two lane highway to begin with. The County noted that they would look at this suggestion. Mr. Loney reported that he did submit a grant proposal for the intersection improvements on County Road 17 and 10111 A venue and County Road 17 and 4th A venue. It is noted that the City may receive these grants and the County is programming these projects in 2006. Some Railroad Crossing improvements may also be done on County Road 17. Official Proceedings of the November 19,2002 Shakopee City Council Page -14- Mayor Mars noted that Mr. Loney's comments to Scott County are being incorporated into the 2003-2007 CIP. Mr. Loney noted the studies that are going on and some studies that have been completed. Some of the studies going on are: the New River Crossing and the 169 corridor study; some that have been done are: County Road 16 east of County Road 83 and the IRC (Inter Regional Corridor) Corridor Study for 169. Mr. Loney wanted to know if there were any further direction or COlllinents that the Council would like him to submit to the County for this CII>. Mr. Joos stated that he thought it was imperative that the Vierling Drive Project was completed and the County become aware that it was imperative that 17th A venue be done west of County Road 79 to County Road 15to take the stress off of some other roads. Jerry Hennen, newly elected County Commissioner, representing part of the City of Shako pee, approached the podium and noted that he was willing to hear the issues that the City of Shakopee had with the County. Mr.Joos directed Mr. Loney to submit the CIP to Scott County as is. Lehman/Joos offered Resolution No. 5821, A Resolution Adopting Voiding An Assessment And Adopting A New Assessment For The 2000 Street Reconstruction Project No. 2004-P.I.D. No. 27-001303-0, and moved its adoption. (Motion carried under the Consent Agenda). Lelunan/Joos moved to authorize the appropriate City officials to execute the settlement agreement between Patrick and Nancy Blood and the City of Shakopee. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 5822, A Resolution Establishing Municipal State Aid Street Along Former Trunk Highway 300, From County State Aid Highway 69 To Adams Street, and moved its adoption. (Motion carried under the Consent Agenda). Lelunan/Joos moved to approve the reclassification of the Ice Arena Maintenance Operator position to Recreation Supervisor position, effective November 25,2002. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the Recreation Supervisor-Ice Arena Maintenance Operations position description as described in CC Document No. 326. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the placement of Josh Barrick in the Recreation Supervisor-Ice Arena Operations position at Grade 7, Step F of the 2002 Pay Plan, effective November 18, Official Proceedings of the November 19, 2002 Shakopee City Council Page -15- 2002. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate City staff to utilize Scott County persOlmel in the advertising and hiring of a part-time receptionist for City Hall. (Motion carried under the Consent Agenda). LehmanlJoos moved to approve the hiring of Rodney Beck to the Public Works Maintenance Operator position at a non-exempt hourly rate of $15.21 per hour at Step 1 of the 2002 Public Works Union Pay Schedule effective December 9,2002 contingent upon a successful pre- employment physical and background check. (Motion calTied under the Consent Agenda). Ms. Judith Cox reported on the 2003 Fee Schedule. She noted that fees the City was charging were looked at each year by the respective departments and then recommendations were made to the City Council. She noted the City Council was asked to consider adopting Ordinance No 644 setting fees for licenses, permits, service and documents for 2003. Mr. McNeill noted that there was a fax received November 19, 2002 from Jon Albinson of Valley Green in which Mr. Albinson took issue with a fee being fair, reasonable and proportionate. Mr. McNeill stated that staff felt the fee in question was fair, reasonable and proportionate. Mr. McNeill noted that the cost of providing different services this year are being kept track of and will be reported to the State in the spring of 2003. Cncl. Joos would like staff to take a look at raising more/additional revenue when currency exchange licenses are concerned. Cnc1. Lehman had several issues regarding the fee schedule: These issues related to the pawn shop fee, sign permits, application fee for the Board of Adjustment and Appeals and to the City Council and the Park and Recreation Sales Tax charge. All of Cncl. Lehman's questions were addressed by the appropriate staff personnel. Cncl. Link felt with the fee schedule affordable housing would be affected. Mr. Leek addressed the concern of Jon Albinson regarding fees as well as Mr. McNeill. Mr. Leek stated that not only did staff feel the fee was justified but that the fee was not a new fee as Mr. Albinson stated, it had been on the record for several years and it was not an increased fee. Mayor Mars wanted to see a fee for collecting aggregate. Mayor Mars directed staff to begin collecting a fee for collecting aggregate. Mr. McNeil will follow up and bring this item back before the City Council. Mayor Mars also questioned permitting the selling of Fireworks. Mr. Leek will report back to the Council regarding this issue. The Cnc1s. discussed other clarifications or suggested changes to the 2003 fee schedule. Official Proceedings of the November 19, 2002 Shakopee City Council Page -16- Joos/Lehrnan offered Ordinance No. 644, Fourth Series, An Ordinance Setting Fees For City Licenses, Permits, Services And Documents, and moved its adoption. Motion carried 4-1 with Cncl. Link dissenting. The fee for collecting aggregate and the permitting of Fireworks would be dealt with at a future meeting. Lehman/Joos offered Resolution No. 5816, A Resolution Certifying Delinquent Storm Drainage Utility Bills For Collection On The Tax Rolls Payable 2003, and moved its adoption. (Motion carried under the Consent Agenda). Lehmal1/Joos moved to remove Change Order No.3 from the table and authorize the appropriate City officials to execute Change Order No. 3, in the amount of$18,200 in favor of Westra Construction, for the Shakopee Public Library Project. (Motion carried under the Consent Agenda). Mr. McNeill reported on the amendment to the Personnel Policy regarding Out of State Travel for employees. Mr. McNeill stated that the Department Heads looked at this issue. Lehman/Helkamp offered Resolution No. 5825, A Resolution Of The City Of Shako pee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel Handbook, and moved its adoption. It was shown that the out of state of travel was within one percent of the total budget and some of the Cncls. were comfortable with the City Administrator approving who should go to conferences as opposed to requiring City Council approval for each out of state conference. It was through conferences that training of the employees takes place. Cncl. Link noted that he was going to watch the budget with a careful eye on the travel expenses. He felt the employees should be working not traveling. Cncl. Lehman noted that most of the training expenses for the Police Department were picked up by other sources. Motion failed 0-5 with Cncls. Link, Helkamp, Lehman, Joos and Mayor Mars dissenting. Mr. McNeill reported on the 2003 Telecommunications Budget. Mr. McNeill noted that this budget was recommended by the Telecommunications Commission. Mr. McNeill noted that the Telecommunications Budget was made-up of fees received from Time Warner for Cable Television. He noted that currently there was a fund balance of$328,OOO. The Telecommunications Commission was recommending expenditures of $304,000. Most ofthis money would go for an upgrade to the cameras and sound in the Council Chambers, upgrading of Official Proceedings of the November 19,2002 Shakopee City Council Page -17- the cable studio and the upgrading of the City's web-site along with paying for the City's portion of the I-Net. Lelunan/Joos moved to accept the Telecommunications Budget as recommended by the Telecommunications Commission. Motion carried 5-0. Lelunan/Joos moved to create a Telecommunications Equipment Replacement account. Ms. Schaefer noted that the Telecommunications Equipment Replacement account would start with $20,000 and any money not spent in the Telecommunications Fund after the $21,000 for operating expenses was allocated each year would then be transferred to the Telecommunications Equipment Replacement account. Motion carried 5-0. Mr. McNeill reported on the policy change regarding multiple board memberships as well as filling the vacancies on the Environmental Advisory Committee (EAC) and the Park and Recreation Advisory Board (PRAB). The existing policy allows for a member to be on two boards at one time. Mr. McNeill would like to have the Council look at changing the existing policy before filling the vacancies is acted upon. Cnc1s. Lehman and Joos feel that membership on a board should be for only one board (except for the Board of Adjustment and Appeals and the Planning Commission and the Commissions that meet less than once a month). Helkamp/Joos moved to direct staff to draft a policy allowing for membership on only one City board or commission at a single time, with the exception of the BOAAlPlanning Commission and boards or commissions that meet less frequently then once a month. Motion carried 5-0. Mr. McNeill noted that there was a recommendation to appoint Jim Turnwall and Kathy Gerlach to the EAC to fill the vacancies created by the resignations of Russell Kelmedy and Jeff Reinhardt. Mr. McNeill noted that there was a recommendation to appoint Arvid Sornberger to the PRAB to fill the vacancy created by the resignation of Bradley Grippentrog. Ms. Gerlach stated she would like to continue as President of the PRAB because there are some unresolved issues that she would like to follow through on. However, if that is not possible Ms. Gerlach chooses to be on the EAC. There was discussion as to whether Ms. Gerlach should leave the PRAB as their President at this time. Official Proceedings of the November 19, 2002 Shakopee City Council Page -18- MI'. McNeill noted that there was a recommendation to appoint Gary Hartmann, to fill the vacancy left by the resignation of Kathy Gerlach from the PRAB. Helkamp/Joos moved to direct staff to prepare a resolution appointing two members, Jim Turnwall and Kathy Gerlach to the Environmental Advisory Board and to bring this resolution back before the Council at the November 26,2002 City Council meeting. Ms. Gerlach's appointment to the EAC is conditioned upon her resignation from the PRAB before December 1, 2002. Motion carried 5-0. Joos/Link moved to direct City staff to bring back a resolution to the November 26,2002 City Council Meeting, appointing Arvid Somberger and Gary Hartmann to the PRAB effective December 1,2002. Motion carried 5-0. Lehman/Joos moved to direct staff to advise those individuals whose terms are expiring on boards and commissions that they are eligible for reappointment. (Motion carried under the Consent Agenda). Lehman/Joos moved to announce the City will be advertising and accepting applications from Shakopee citizens for boards and commissions begiIming in January. Applications maybe obtained at the City offices during regular hours or if requested they can be mailed. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 5823, A Resolution Amending City of Shako pee Flexible Benefits Plan. (Motion carried under the Consent Agenda). Cncl. Joos discussed the intersection of County Road 17 (Marschall Road) and Valley View Road. Cnd. Joos would like to have staff look at the possibility of closing off the old gravel Valley View Road where it originally intersected with County Road 17 because of the tough turn movement. Mr. Loney addressed this issue. Mayor Mars discussed the start time of the December 10th meeting that was ajoint meeting with the Environment Advisory Commission (EAC) and the City Council regarding the Natural Resources Inventory. Mayor Mars noted that the EAC was requesting a 6:00 p.m. start time. There was consensus by the Council that the December 10th meeting would start at 6:00 p.m. Joos/Link moved to adjourn to Tuesday, November 26,2002, at 7:00 pm. to discuss the Comprehensive Plan. Motion carried 5-0. The meeting adjourned at 12: 15 a.m. Official Proceedings of the November 19, 2002 Shakopee City Council Page -19- I ~J ? ~J~f; p . 0? ! J dith S. Cox . ity Clerk Carole Hedlund Recording Secretary . . OFFICIAL PROCEEDINGS OF THE CITY COUNC1L ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA NOVEMBER 26, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council Members Lehman, Link, Helkamp and Joos present. Also Present; Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator and Judith S. Cox, City Clerk. Members present from the Planning Commission: Michael Willard, Steve Clay, Gayl Madigan, Lan)' Meilleur and Deb Amlll1dson. Members absent: Mark Houser, Mary Romansky. Members present from the Economic Development Advisory Committee: Scott O'Brien, Jolm Mauritz, Jeff Jansen and Brian Langdon. Members present from the Jackson Township Town Board: Don Hedlund, Norbert Theis, GelTY Mareck and Rose Menke (7:26). Mr. Leek reported on the major study done by Northwest Associated Consultants (NAC) for the development and re-development of areas of Jackson Township and the City of Shakopee. He noted that the basic intent tonight was to share the information received from NAC. He noted that the information received from NAC was through a series of open houses (general and specific) and interviews with key members in the community. Mr. Leek gave a general overview and stated the basic goals of the process are to 1) update the City's Comprehensive Plan to guide development for the next 18-20 years and these efforts are also beneficial for guiding land uses for property not now in the City at this time but in Jackson Township. Mr. Leek noted that with the aImexation agreement between Jackson Township and the City of Shakopee it was stipulated that there would be a couple of meetings per year regarding planning issues between the City and Jackson Township. Mr. Leek noted that when the current Comprehensive Plan was worked on in 1996-97 before STH 169 had been opened up and now with STH 169 open the current plan no longer reflected reality and the new growth that was projected for Scott County needed to be accommodated in some fashion. The development of commercial propeliy along STH 169 first at Marschall Road and Vierling Drive and now the commercial development on CR. 18 has had an impact on the businesses in the older part of Shako pee and its commercial core (downtown, pI Ave. corridor and the River front corridor, the commercial on the west end of Shakopee and Marschall Ave. running from 1 sl A venue to lOth Avenue). NAC took a look at these areas to see what they should be plaImed for. Mr. Leek felt it was safe to assume that these long corridors full of commercial would no longer be; the largest commercial power was at the interchanges ofSTH 169. A major component of this update was looking at those specific areas identified and trying to formulate some concrete plans and strategies for development/redevelopment in those areas. Mr. Leek noted that once the plan drafts are put together he would like to get all these bodies together again for their comments before the plans go public and to have a few more open houses and then adopt a final plan. Right now Mr. Leek is asking that these plans be adopted contingent on . . Official Proceedings of the November 26, 2002 Shako pee City Council Page -2- City Council approval. Mr. Leek thought that perhaps some items for consideration at the initial comprehensive plan update were: 1) the concept of neighborhood planning including Smart Growth principles, 2) the public's role in the development/redevelopment of target areas, 3) the annexation areas of Jackson Township and the vision that Jackson Township as well as the City of Shakopee have for these areas and 4) housing cycle (affordable housing). Cnc1. Lehman thought that many of these issues related to what would be the access around 69 and 169. He noted there was no solid answer on that access. Mr. Leek responded that it was his opinion and the Council's opinion that it was essential that there was a complete access from the 69/169 intersection to the City of Shakopee otherwise there would need to be major changes to structure the land use in the west end of the City of Shakopee. Mr. Leek noted that there was strong interest in protecting the vitality in the west end commercial. He did think the west end would change in character of the commercial users. Cnc1. Link inquired into the MnDOT property on the west-end of the City of Shakopee. Mr. McNeill stated that MnDOT was packaging together that piece, the 50 acre parcel in Southbridge and one parcel outside of the City limits in exchange for the City assisting them with the construction of a truck maintenance facility. However this probably was not feasible with the financial condition of the City nor did the use seem too attractive for an entrance into the City of Shakopee. However, it was not MnDOT's policy to section off and sell the parcels one at time any longer. Deb Garross approached the podium and briefly went over the study performed by NAC. She noted many meetings had taken place with the City of Shakopee. The purpose of showing this study tonight was to see ifNAC had an understanding of what the issues were in contemplating the Comprehensive Plan study that the City wanted their help with. Ms. Garross stated that NAC believed the major transportation improvements would keep on driving the land use and development for several years. She noted the four individual study areas as identified by Mr. Leek were looked at by NAC in anticipation that the City would be opening up major commercial corridors along the path of STH 169 by-pass. Ms. Garross noted that there has been a tremendous shift in the type of commercial and the shift was anticipated to continue for some time. NAC also felt that the access to 69/169 was also very important to the City of Shakopee. Ms. Garross noted some positive changes that had happened to the City of Shakopee. These changes were: I) more of a mix of etlmic groups and 2) these ethnic groups are opening businesses in the Shakopee Community to make Shakopee unique. The access and use of the Riverfront corridor was discussed. Ms. Garross noted there really were very few openings to the river. She noted not many businesses other than Dangerfield's took advantage of this natural amenity. Ms. Garross pointed out that this was a unique amenity to the City and should be maximized in the new Comprehensive Plan. Ms. Garross also stated that the residents felt the environmental amenities also needed to be protected - , Official Proceedings of the November 26, 2002 Shakopee City Council Page -3- better by the City. The Enviromnental Advisory Committee and the Parks and Recreation Advisory Commission are extremely interested in incorporating more natural resource preservation into plats. Ms. GalToss also stated the Natural Resources Inventory that the City had just completed would be incorporated into their document (i.e. natural corridors, more access to the riverfront, a cOlTidor along the Prior Lake, Spring Lake Park Watershed District Outlet that comes tl1fough Shakopee down to Dean's Lake and ultimately to the river). There was discussion on when the collection of park dedication fees should take place. Ms. Garross stated that some businesses were interested in moving out to the 169-bypass area because of the better visibility and more transportation access and the type of traffic that the businesses needed to stay successful. Ms. Garross noted that there were some changes regarding the overall Land Use Plan. The City had been asked for some Comprehensive Land Use amendments and NAC anticipated there would be some further changes. NAC encouraged the City to take a look and make a change to the Downtown study area. Ms. Garross felt it was essential that the downtown area be expanded to include the cOUlihouse area. In reference to the Riverfront 15t Avenue study there were a number of people interested in the Development of Huber Park and expanding access to the river and increasing the intensity of land uses in the Riverfront District (perhaps increasing the density in housing along the Riverfront (condo's, high rises}). Because of some of the barriers located in the riverfront (railroad tracks, bluffs) this would probably be the most challenging area to come up with land uses. Ms. GalTOSS did note that she did think it was possible to come with some high-density housing and also to allow a view of the river for the public. Ms. GalTOSS stated the Marschall Road at 4th A venue and lOth A venue study did not receive many comments. There were some comments regarding areas of access difficulties, however. This was an area of relatively new offices alld probably was the most stable and in the best shape ofthe four areas studied. Ms. Garross reported on the west-end of Shako pee study. Ms. Garross stated the major factor in this study was the access to the west end of Shako pee. There are opportunities, if the access was there. Ms. Garross stated even with the extension of Vierling Drive to this area without an interchange to this 69/169 area the area was imperiled. This district also proposed some unique challenges. There was discussion on expanding the 101 corridor study. Ms. Garross really felt this cOITidor was under utilized; the infrastructure was there for more development. There was discussion on what type growth (staging) the City wanted for this area and for the City. Mr. Allen Brixius approached the podium and noted that a concept plan had been put together for the Jackson Township annexation area and a zoning analysis has been provided for the Valley Green . Official Proceedings of the November 26,2002 Shakopee City Council Page -4- area. Mr. Brixius stated that NAC was looking at the overall Comprehensive Plan for the City. Mr. Brixius stated that he thought the land uses in the City of Shakopee needed to be looked at for a period of time that was longer than 20 years. He noted that most of the future growth for Shakopee would be to the south ofSTH 169 out in Jackson Township. Mr. Brixius noted that Shakopee's population would double between 2020 and 2040. The commercial and industrial planning was critical with the population growth. Mr. Brixius noted there was a different perspective shown when he looked at the Maxfield study and Shakopee's Land Uses from just looking at the four target areas as requested by the City. Mr. Brixius stated the areas around the interchanges should be designed for commercial or industrial land uses because of their high visibility. He noted that commercial and industrial properties had site specific needs and if the City was aware of this then the sites should be preserved if the needs could be satisfied. Mr. Brixius noted that the City had a land use supply of industrial land for 6-9 years; after that the City needed to look for more industt'ialland and focus on a new industrial park. Mr. Brixius noted that the study showed that the City would need a mixture of housing types but he felt there would be time to identify those areas if the economic areas were preserved. Mr. Brixius stated, as far as the land uses for the Jackson Township annexation areas are concerned, the development patterns north of STH 169 would influence what is done south of STH 169. Depending on what is done at the intersection of CR. 41 and 169 the future plmming will be affected. Mr. Brixius presented two alternatives for consideration. The alternatives were reflective of what was done with the intersection of 69 and STH 169 and CR. 41 and STH 169 and offered expansion oPPOliunities to the south. Mr. Brixius noted that the 69/169 interchanges was critical to the City of Shakopee to get commercial and industrial trucks into the City; frontage roads just were not satisfactory. Mr. Leek stated that he thought realistically the City needed to take the position that the 69/169 intersection would remain and the land use plans needed to be developed with this thinking; MnDOT's decision was many years away. Mr. Leek stated that what Mr. Brixius was showing is fairly consistent with what the developer for the Jackson Township annexation areas was roughly proposing. Cnc1. Joos was concerned about all of the aggregate being covered up with development. He thought it was impOliant to look at this resource. Cncl. Joos would also like to see the truck maintenance facility, proposed by MnDOT, be addressed. Mr. Brixius stated that he would really like to include Rahr Malting and everything north of I st street in the Downtown study area. In the pt Avenue Riverfront study, he would like to extend the area to Dangerfield's. There was concurrence on these expansions. Mr. Brixius noted some of the strategies that he was prepared to use in his plan for redevelopment of the downtown area. Mr. Leek asked while work was being done for these study areas maybe there should be a moratorium on certain uses, i.e. used car lots, where the study areas are. . Official Proceedings of the November 26, 2002 Shakopee City Council Page -5- Deb GatTOSS again approached the podimn addressing the Comprehensive Plan Amendment request from Valley Green on approximately 19 acres. Valley Green was requesting that the zoning on these 19 acres of Entertainment be changed to High Density Residential. This land was located close to Canterbury Park and CR. 83. Ms. Garross noted many of the entertainment vermes located in this area. Ms. Garross recommended that the zoning should remain as is. The rationale for this recommendation was that this was a large entertahmlent at'ea and there were impacts that evolved from some of the entertainment venues that would affect a residential area. Norbert Theis inteljected a few comments. He noted that two sections addressed this evening had been set aside for urban reserve and one section had been set side for no commercial. Now possibly commercial or industrial is being planned for all those areas. He thought perhaps Jackson Township would need to go to the Metropolitan Council and have these areas rezoned because Jackson Township was getting much pressure to have commercial in this at"ea. Mr. Theis also stated that the Town Board was very concerned about 17th Avenue and where it was proposed to go tlu'ough Jackson Township. Mr. Theis also addressed the CR. 41 Bridge. He stated that Jackson Township would like to work with the City of Shakopee to plan for the development coming to Jackson Township areas. Joos/Lehman moved to accept the resignation of Kathy Gerlach from the Park atld Recreation Advisory Board and the resignation of Joseph Helkamp from the Economic Development Advisory Board. Motion carried 5-0. Joos/Lelmlan offered Resolution No. 5818, A Resolution Amending Resolution No. 2847 Which Established Guidelines For Appointments To And Operations Of Boards And Commissions, and moved its adoption. Motion carried 5-0. Lehman/Link offered Resolution No. 5827, A Resolution Appointing Individuals To The Environmental Advisory Committee And The Park And Recreation Advisory Board, and moved its adoption. Motion carried 5-0. Lehman/Link moved to adjourn to Monday, December 2,2002 at 7:00 p.m. for the Truth And Taxation Hearing. Motion canied 5-0. The meeting adjourned at 9:00 p.m. ~uJJlJ.C+ Judith S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 2, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council Members Lehman, Link, Helkamp and Joos (7:35) 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; Mark Themig, Recreation and Facilities Director; Dan Hughes, Chief of Police and Tracy Schaefer, Assistant to the City Administrator. LelunanlLink moved to approve the Agenda as written. Motion carried 4-0. Mayor Mars opened the Truth in Taxation Public Hearing for the 2002/2003 Tax Levy and noted that Gregg V oxland would do the reporting. Mr. V oxland noted that this is the 200212003 Truth In Taxation Hearing that the City of Shakopee is required to hold. Mr. V oxland noted that the City Council adopted the proposed property tax back on September 15,2002. He noted that the 2003 budget of$19,041,000 million included the General Operating Fund, the Revenue Funds, Debt Service to Pay Bonds and Capital Projects. The operating budget for 2002 was $19.6 million. Mr. Voxland stated that the proposed property tax was going from $6.6 million to $7.9 an increase of 18.7%. Even though the City's spending habits had not changed much, there was this increase because of changes in the revenue picture. Mr. V oxland noted the tax rate proposed this year is just slightly less than the existing tax rate. Mr. V oxland stated for the proposed taxes for next year the City will get 34 cents of the tax dollar. Mr. Voxland stated that the City of Shakopee had a lower proposed tax rate than New Prague, Jordan, Savage, Prior Lake or Belle Plaine. Mr. V oxland stated that the meeting tonight was on how many dollars the City was going to levy in taxes not the individuals share of the taxes. Mr. Voxland explained how the tax capacity and tax capacity rate were determined. Mr. V oxland noted the tax capacity is up. Mr. V oxland noted that the Market Value Credit is on each tax statement (the amount that each one's tax will be reduced by); that does not mean that is what the City will get back! Mr. V oxland gave a historical perspective on the changes in market value. When the by-pass opened, Mr. Voxland noted that land values went up. Mr. Voxland noted that in 2001/2002 the fom1Ula changed and the Cities got less money from the govemment for state aid. In 2003 this has leveled out. Mr. Voxland stated that the Market Value Credit only applies to residential propeliy. Mr. Voxland stated that the legislature has been shifting the tax burden from commercial to residential in the past few years. Historically, commercial property has had a higher tax capacity than residential and thus paid more taxes for a comparable piece of property. Mr. Voxland stated that the City's gross tax capacity for 2002 was $ 21.9 million and has gone up to $25 million for 2003. Mr. Voxland noted that the City does capture some tax increment funds from Official Proceedings ofthe December 2, 2002 Shakopee City Council Page -2- development projects but the City of Shakopee has traditionally lost about 10% of the net value when it comes to fiscal disparities. Mr. V mdand stated that last year net tax capacity was $17.9 million and this year the net tax capacity that the City can tax is $20.8 million. Mr. Voxland stated that last year the tax base from commercial/industrial property was 46% this percentage has decreased to 42%. Mayor Mars and Mr. Voxland noted that this percentage drop was caused by a shift in the tax capacity rate as well as more residential buildings being built than commercial properties. Mr. V oxland noted that most of the City's dollars go to general fund operations. Mr. V oxland noted that the estimated revenue for 2002 is $10.5 million and the estimate revenue for 2003 is $10.8 million. Ms. V oxland noted that the development fees have gone down and the City has reduced their reliance on development fees because of this reason. Mr. V oxland also noted the expenditures of the City of Shakopee have increased from $10.6 million to $10.9 million. The contribution from Shakopee Public Utilities Commission in 2002 was $1,033,000 and in 2003 that contribution will be increased to $1,115,000. Mr. Voxland noted that in 2002 the tax levy was $6.3 million and in 2003 the General Fund Tax Levy will be $7.4 million. This is a 17.3% increase. There were special circumstances in the year 2002 and the Fire Referendum was lowered but now the City is really only back on track. The overall levy for 2002 was $6.6 million whereas the overall levy for 2003 is $7.8 million. The percentage rate for the overall levy is 18.8%. There was 10% growth in the tax capacity. Mr. V oxland stated three reasons for the general levy going up for operations. These are: 1) reducing the City's dependence on development fees, 2) reduced state aid, and 3) interest income is down. Mayor Mars stated that in the last six years, this is the third lowest general levy increase. The levy change for 2001/02 was 61.2%. This was the year many state funding formulas were changed. Mr. Voxland addressed the General Fund Budget Revenues. He noted for 2003, 63% of the General Fund Revenues would come from taxes. In 2002 that percentage was 56%. Cnc!. Lehman stated from his point of view the City was trying to hold the line and provide the same level of service for a larger population as still being conservative with the amount of revenue expected and conservative in what the City felt the state would be doing with the state aid. Councilor Joos arrived and took his seat. Mayor Mars discussed the value of homes. He felt the estimated market value was rising faster than the taxation rate. Mr. Voxland agreed with this statement. Mayor Mars asked for public participation. There was none. LehmanlJoos moved to close the public hearing. Motion carried 5-0. Official Proceedings of the December 2, 2002 Shakopee City Council Page -3- Mr. Voxland noted that the actual adoption of the 2003 Budget and Tax Levy would be December 3, 2002 at the City Council meeting. There will be another public hearing on this issue at 7:00 p.m. on December 3,2002. Mayor Mars noted some benefits the citizens get for their taxes here in Shakopee. Joos/Lehman moved to recess for an executive session to discuss labor negotiations. Motion carried 5-0. The meeting recessed at 7:41 p.m. Mayor Mars re-convened the meeting at 8:37 p.m. No action was taken during the executive session. LehmanILink moved to adjourn the meeting to December 3,2002, at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 8:38 p.m. ~~J~ Judith S. Cox City Clerk Carole Hedlund Recording Secretary