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HomeMy WebLinkAbout7. Approval of Minutes: October 22 and November 06, 2002 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 22, 2002 Mayor Mars called the meeting to order at 5:00 p.m. with Council Members Lehman and Joos present. Absent: Council Member Linle Also Present; Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Mark Themig, Recreation and Facilities Director; Terry Stang, Fire Chief; Dan Hughes, Chief of Police; and Tracy Schaefer, Assistant to the City Administrator. Lehman/Joos moved to approve the Agenda as written. Motion carried 3-0. Lehman/Joos moved to approve the Consent Agenda as written. Motion carried 3-0, Lehman/Joos offered Resolution No.5799, A Resolution Of The City Of Shakopee, Mimlesota Adopting The Revised Supplement To The Final Alternative Urban Areawide Review For The Proposed Valley Green Corporate Center, and moved its adoption, (Motion carried under the Consent Agenda), LelU11an/Joos moved to direct staff to submit the comments as drafted to the Metropolitan Council for inclusion in the public hearing record for the "Blueprint 2030. (Motion carried under the Consent Agenda). Mr. Gregg V oxland, Finance Director, identified four major areas for the Council to finalize for the 2003 budget. These areas are: 1) General Fund Expenditures, 2) Tax Levy, 3) Equipment List and 4) Capital Improvement Plan, There was discussion on some General Fund items. The Tahpah Park parking lot was discussed. Cncl. Joos really wanted to see this project proceed because it had been pushed back so many times. It was decided to do this project in 2004 and not include $175,000 in the 2003 budget in the General Fund. Regarding the monuments identifying the City, Cncl. Lehman felt that these monuments should be left out of the budget for now in an attempt to balance the budget. Cncl. Lehman would like the monument issue looked at again in June or July to see how the expenses are doing and perhaps these monuments could be added at that time, Cncl, Joos concUlTed with Cncl. Lehman on this issue. Mayor Mars noted the monuments identifying the City would be left out of the 2003 General Fund budget but when money was available these monuments would be a high priority. There was discussion on new carpet for the community center. This carpeting was not included in the 2003 budget to begin with. Mr. Themig stated that with the new cleaning equipment that had been purchased the carpet would be okay for another year. Cnds, Lehman and Joos were okay with leaving this item out of the 2003 budget and moving it to 2004. Official Proceedings of the October 22, 2002 Shakopee City Council Page -2- Mr. McNeill, City Administrator, noted that in 2002 seven additional police officers had been authorized and only two of the positions were filled; thus leaving five CUlTent vacancies. One additional officer had been requested for 2003 in addition to the five positions not filled at this time. It was proposed that the five positions be filled but that there be no additional police officers added for 2003. Chief Hughes noted that because of the procedure that needed to be followed to hire these five police officers these police officers would not be hired until late in 2003 thus allowing some flexibility. Chief Hughes felt there was a need to fill these positions. Chief Hughes discussed the Task Force and the possibility of the one new officer requested for 2003 would be funded thm this funding source but there was question as to whether this was still a possibility. Mr. McNeill stated that in talking with Mike Hullander, Public Works Supervisor, Mr. Hul1ander indicated that his largest concern was the number of bodies available for snow plowing. It was noted by Mr. McNeill that the request from Public Works was to hire an additional maintenance operator July 1 st. The third mechanic request by Public Works to work on maintenance for the Fire Department vehicles could double as a snow plower at this time. Mr. Voxland approached the podium and stated it was the Assistant Finance Director's position that he proposed not be continued, as well as, the new finance position that was never filled. Mr, V oxland stated there was a decrease in the workload and these positions simply were not needed. Mr. McNeill noted that the City had received in writing that there would be no increase in premiums for health insurance for 2003. $60,000 had been budgeted for a potential increase but now that $60,000 has been freed up. Mr. McNeill noted that 1/3 of the salary for the assistant to the City Administrator would be charged to the Telecommunications Budget Cncl. Lelmlan noted that the City did a study as to how much time the assistant to the City Administrator spent on Telecommunication issues and it was felt that this was an equitable amount to come from the Telecommunications Budget. Mr. V oxland noted that the Shalcopee Public Utilities Commission (SPUC) contribution included street lighting and street light maintenance. Originally the figure had been $1,250,000 and now the amount estimated to be received from SPUC is $1,115,000, Mr. McNeill noted that development fees were down in 2002 from 2001. It was noted that there still is much activity but the valuations are down. City staff would like to see a reduction in the City's reliance on development fees. Mr. Leek, Community Development Director, noted much of the area left to be developed had drainage issues and the areas were also outside of MUSA. Infrastructure issues need to be resolved before development could take place and resolutions to these problems were anticipated to take at least a couple of years. The fees were discussed. Generally it was felt by Mr. Leek that the fee schedule was fair on the inspection side but costs exceeded the revenue on the planning side. Official Proceedings of the October 22, 2002 Shakopee City Council Page -3- Mr. Leek anticipated that there would be a reduced level of growth in Shakopee and the mmexed areas of Jackson Township, Mr. Voxland noted he would like to see the City's dependence on development fees below 10%. Mr. McNeill stated there was a real need to increase the clerical time to assist with record keeping for the Public Works Department and the City Clerk. Staff was proposing to hire someone to fill the clerical position four (4) hours per day to help with record keeping for the City Clerk and four. ( 4) hours per day to help with record keeping in the Public Works Department. There was consensus this item remain in the budget for 2003 and to move forward with this item, Mr. Leek reported on the Transit Planner position to be split between the General Fund and the Transit Fund. Mr. Leek noted that this position had been in the budget for a couple of years. Mr. Leek noted that he was now doing this transit planning with some of the transit work being contracted out for assistance on specific teclmical issues. There was consensus this item remain in the budget for 2003 and to move forward with this item because it was felt with the Scott County Regional Plan Study more transit issues would be community planned. Mr. Voxland discussed the status of the state aid expected/not expected. Mr. Voxland noted that budgeting now for the full reduction ofLGA could be a self-fulfilling prophecy, The City would know later on what was going to happen. It was noted by Cncl. Lehman that these cuts may be just the beginning; taxes may need to be raised to keep the level of service provided by the City of Shakopee at the current level. Mr. V oxland stated that the City of Shakopee portion of the 2003 property tax bill is 7%. This number is based on the maximum tax levy. Mr. V oxland noted the debt service levy was quite low again. Mr. V oxland noted that the budget can be amended but the tax levy is locked in. Mr. V oxlmld pointed out that if there was surplus in the operations, usually the surplus was transfelTed to the building fund to pay for new buildings. If there were a decrease in the tax levy then the amount available for new buildings would be deceased, Mr. V oxland noted that transfers have never been built into the annual budget; after the year is finished the City finds out where it is, then the transfer was made to the Building Fund if there was a surplus in the General Fund. Mr. V oxland provided some information on how the City of Shakopee compared to other cities regarding the tax levy, Mr. V oxland noted that the City of Shakopee had a comparatively low tax rate compared to other neighboring cities and the tax rate for the City of Shakopee has been low for several years, Mr. V oxland stated with the cuts to the budget that the Council made tonight the budget is close to being balanced. Official Proceedings of the October 22,2002 Shakopee City Council Page -4- Mayor Mars questioned the amount of reserves that the City of Shakopee had on hand. Mr. V oxland addressed this question noting that the reserves were limited. Mr. Voxland stated any vehicles requested for replacement or additions to a department's fleet are paid for out of the Capital Equipment Fund. Mr. V oxland noted the Police Depmiment has requested to buy one umnm'ked car and to replace one other car. The car to be replaced may be used someplace within the City. Mr. Voxland noted the Fire Department was asking for a light duty pick-up to replace a Suburban. The Inspections Department is asking for a small pick up for the Fire Inspector. There was a possible option for the Fire Inspector to look at using the Suburban hoping to be replaced by the Fire Department. Mr. Loney and Mr. Leek stated there is a need for the four (4)-wheel drive and they thought it was a good investment for the City. Mr. V oxland noted the Street Department was requesting two single axle dump trucks (one replacement and one would be an addition) along with one I-ton pickup (replacement and permanent addition). Mr. Loney williet Mr. Voxland know if the 1988 pick-up will be sold that has been request to be replaced. Mr. V oxland noted the Street Department was also requesting a :h ton pickup (replacement). Cncl. Joos would like more time to analyze the need for all the 4x4's. Mr. Voxland thought more emphasis should be placed on mechanics comments for City vehicles and he also thought the need for some of the vehicles need to be thought through as to what service the City really wmlted to provide in these financial times. Mr. V oxland noted that the Park Department is asking for a Skid Steer Loader or a machine for removing snow from trails and sidewalks. The Park Department noted that their fleet needed to be expanded to handle the increase in the amount of trails and sidewalks being built by the City of Shakopee, Mr. Loney stated the level of service that the citizens expected was always looked at and may need to be re-looked at i.e. plow the sidewalk on one side of the street only. Mayor Mars thought perhaps a survey should be conducted on the level of service that citizens expected/wanted in these financial times. Mr. V oxland noted that a portable power station was being requested from the Sewer Fund. Mr. Voxland thought this item was necessary. A Street Sweeper was being requested from the Storm Drainage Fund. Mr. V oxland noted that the current Street Sweeper was overdue for replacement. Mr. V oxland noted that he would move forward with the equipment on the list unless Council had further direction. There was no further direction from Council. Official Proceedings of the October 22,2002 Shakopee City Council Page -5- Chief Hughes noted that he would report to the Council when he had the status on the factory- authorized repair on the Ford Crown Victoria's fuel tanks. Mr. V oxland addressed the Capital Improvement Plan. It was noted that Mark Themig, Recreation and Facilities Director, had additional information for the Council. Mr. Themig discussed the parkland acquisition allocated for 2003 in the amount of $2,000,000 and also the fill for Huber Park in the amounts of$100,000 for 2003 and $200,000 for 2004. Mr. Themig noted there were deficits in 2003 and 2004 and therefore, all the park projects identified could not be done in those years. Mr. Themig noted there was a secondary plan that addressed a couple of pieces. This plan addressed the additional funding for the Park Reserve Fund. It reduced the spending for additional parkland acquisition to reflect possible partnerships with the Townships and the fill for Huber Park was reduced. This revised plan was an option to be looked at; another option would be to identify some park projects that need not be done in 2003 and 2004. Cncl. Lelmlannoted that the soccer complex was a phase project and it did not need to be started as stated in the CIP. He also noted the parkland acquisition is not a known factor. The parkland acquisition has been budgeted for in case it was needed. There were many unknowns in this part of the budget. Mr. Themig noted other surrounding communities use a park referendum to fund some of their parks. Mr. Themig addressed Cncl. Lehman's comments. Mr. Themig stated there was a cost savings to do the 1 st phase of the soccer complex when the parking lots and other features were being done. Mr. Leek addressed the meetings with the townships regarding amlexation and parkland. Mr. McNeill addressed parcel no. 75 out in the Southbridge area for park acquisition from MnDOT. Cncl. Lehman suggested to Mr. Themig that the estimated additional funding of $576,800 be reduced to $400,000 and he suggested there be a change to the parkland acquisition from $2,000,000 to $1,000,000 for the 2003 budget. This would help balance the CIP for 2003 in the Park Fund. Cncl. Joos felt the figure of $576,800 was a conservative number to begin with and he was okay with this lllunber. Mayor Mars would like to study this document from Mr. Themig some more, There was Council consensus that the estimated additional funding would be at $576,800 and the parkland acquisition would be at $1,000,000. Mr. V oxland addressed the reconstruction of 4th A venue, as the tax levy would affect it. He noted this was a very large reconstruction project; there were many tax dollars involved in the project. Mr. Loney, Public Works Director/City Engineer, addressed the comments regarding this project when the public hearing initially took place. He noted it made sense to do the entire project at one time. Mr. Loney noted state aid could be applied for and some state aid funds could be applied toward the tax levy to reduce that portion, Mr. Voxland noted the impact of the tax levy was important when the scope of the reconstruction was decided. Official Proceedings of the October 22, 2002 Shakopee City Council Page -6- Mr. V oxland also addressed the Vierling Drive project because there was a large City assessment on this property. Mr. Voxland noted that in the past the City Cow1cil had decided to pay off special assessments year by year through the General Fund. There was consensus on the Council that 4th Avenue needed to be reconstructed. Mr. Voxland noted that the levy for the 4th A venue reconstruction project was outside the levy limit. Mayor Mars stated that he was comfortable with what was accomplished at the special meeting regarding projects that were to get done. He noted that some flexibility was allowed for. Mr, McNeill noted there would be a Truth in Taxation special meeting on December 2, 2002. Joos/Lehman moved to adjourn the meeting. Motion canied 3-0. The meeting adjourned at 6:37 p,m. ~1:::~~ City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA NOVEMBER 6, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, and Joos present. Also present: Gregg Voxland, Finance Director; 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; Paul Snook, Economic Development Coordinator; Mark Themig, Facilities and Recreation Director; and Dan Hughes, Chief of Police. The pledge of allegiance was recited. Joos/Link moved to approve the Agenda as written. Motion carried 4-0. Mayor Mars reported that on October 16, 2002 he testified in front of the Metropolitan Council on their 2030 Blueprint and on October 17, Mark McNeill, Michael Leek and Mayor Mars attended a housing innovation seminar in Maple Grove where different housing styles and construction of same were presented. Mayor Mars noted that life style housing is happening in the Twin Cities. Mayor Mars noted that on October 23,2002 the Mayor's Regional Housing Task Force presented their report to the Metropolitan Council. Mayor Mars noted that the City of Shakopee in general had an approximate voter turnout for the general election held November 5,20020f78%. Mayor Mars also reported that MnDOT is having a Hwy. 41 scoping study done. He noted that there would be a Technical Advisory Board and a Policy Board. Michael Leek and Bruce Loney noted they would like to be on the Technical Advisory Board and Cncl. Lehman volunteered to be on the Policy Board. Mayor Mars noted that a Study had been done by Maxfield for the Scott County fIRA. This report looked at future people needs and housing into the future. Mayor Mars would like City staff to put together a memo regarding that study to be passed out to the City Council members and the Planning Commission members. Mayors Mars felt the numbers from the Maxfield study would be very helpful in planning out the City of Shakopee. Mayor Mars thanked Cncl. Link for attending the Shakopee Public Utilities Commission meeting (SPUC) as a temporary liaison from the City Council. The following items were added to the Consent Agenda, 15.C.l Authorize Preparation of Plans and Specifications for the Soccer Facility on 17th Avenue; 15.E.2 Authorize the Hiring of Public Works Maintenance Operator and 15.F.6 Discussion on Health Care Premiums. The following items were removed from the Consent Agenda. 14.D. Text Amendment to Zoning Ordinance for Parking Recreational Vehicles; 15,E.3 Status Change of Assistant Finance Direytor Position, 15.E.5 Amendment to the Personnel Policy Regarding Meal Reimbursement and 15.F.I Library Change Orders No, 2 and No.3. Lehman/Link moved to approve the Consent Agenda as amended. Motion carried 4-0, Official Proceedings of the November 6,2002 Shakopee City Council Page -2- Mayor Mars asked ifthere were any citizens present in the audience who wished to address any item not on the agenda, Pete Ploumen, 718 Atwood, approached the podium to discuss the parking ordinance, not necessarily just the parking of recreational vehicles. Mr. Ploumen was concerned about utility trailers. Mayor Mars noted that this could be discussed under item 14,D. LerunanlLink moved to approve the meeting minutes for August 13, 20, 22 and September 2, 2002. (Motion carried under the Consent Agenda). LehmanlLink moved to approve the bills in the amount of $492,114.98 plus $93,478.13 for refunds, returns and pass through for a total of $585,593 .11. (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 for the proposed special assessments for improvements to County Road 83 and County Road 16 Project No. 2001-4, Mr. Loney reported on the special assessments for improvements to County Road 83 and County Road 16 that were done on behalf of Scott County. These are County Roads but the improvements really needed to be done now and the City could use their power of assessment for improvements to benefiting property owners. Mr. Loney noted the projected total cost of the project was $6,846,937.94. Mr. Loney noted Project No. 2001-4 is mostly done with a little work left to be done in the spring. Project No. 2001-4 encompassed improvements to County Road 83 to beyond Hwy 169, improvements to 12th Ave and realignment of County Road 16 to future Valley Green Corporate Center and realignment of County Road 16 on the east leg to future 1 ih Avenue. Mr. Loney provided a pie chart to show the distribution of the cost and the distribution of the assessments. Six (6) parcels were involved with assessments. The total assessment costs were over $4 million with Valley Green Corporate Center paying the bulk of the assessments. The assessments for Valley Green Corporate Center did include the trunk watermain charges as required by SPUC for the plat so the project could move forward. There were some charges for undergrounding electric lines in the amount of $45,000 and for the oversizing of the trunk watermain. These charges were put on Valley GreenCorporate Center assessments with their approval. Mr. Loney noted what the assessments were for on the other five (5) parcels. The City costs were approximately $1,122,784, SPUC's costs were approximately $125,797 and the County did participate in the project costs for approximately $1,555,463. Mr. Loney noted that staff had been in communication with the Shakopee Mdewakanton Sioux Community (SMSC) and the SMSC submitted a letter to City staff requesting that they (SMSC) Official Proceedings of the November 6,2002 Shako pee City Council Page -3- would make a $2,500.00 contribution for their share of the assessments. Legal council for the SMSC was of the opinion that the City could not assess the SMSC and they wanted to make a contribution and have their name removed from the assessment role. Cncl, Joos asked Jim Thomson, City Attorney, if this was a bigger issue than just this one time assessment Mr. Thomson noted that by accepting this contribution the City was not setting a precedent. Cncl. Lehman would like to see the contribution from the SMSC be the exact amount of the assessment. There was discussion on getting improvements done in a timely fashion on County Roads that would benefit commercial areas of the City, It was noted by Cncl. Lehman that the developer petitioned that this project be done to meet the timeline of the developer. Jon Albinson, Valley Green Business Park, approached the podium and thanked everyone for their cooperation so this property could be developed now. Mr, Albinson noted that traffic counts had been well above the acceptable level for the County for many years on County Road 83 and County Road 16. The County knew about these traffic counts but never moved forward and the time had come for the Valley Green Corporate site to develop and the improvements needed to be done for this site development to move forward. Mr. Albinson noted that this project was not only because of the petition but this is also what was in the City's Transportation Plan. The proposed Valley Green Corporate Center was designed according to the City's 1996 Transportation Plan. Joos/Lehman moved to close the public hearing. Motion carried 4-0. Joos/Lehman offered Resolution No. 5803, a Resolution Adopting Assessments For County State Aid Highway 83, From 12th Avenue To 1870 Feet South Of The Existing Intersection Of County State Aid Highway 16; And For County State Aid Highway 16, From 850 Feet West Of County State Aid 83 To 1500 Feet East of County State Aid Highway 83, Project No, 2001-4, and moved its adoption of the revised assessments. It was noted that the SMSC had made contributions to Scott County for some other County Road improvements that affected them. Motion carried 4-0. LehmanlLink moved to accept the donation from the Shakopee Mdewakanton Sioux Community in the amount of $2,424.83 payable within thirty (30) days to be used to pay the assessments on their property resulting from Project No. 2001-4, Motion carried 4-0. Cnc!. Lehman reported on the Park And Recreation Advisory Board (PRAB) meeting that he attended. He noted that at that meeting the park fees structure was looked at along with revenue Official Proceedings of the November 6,2002 Shakopee City Council Page -4- generation and expenses. Park Land acquisition was discussed, Cncl. Lehman noted that there would be some good solid information coming from that PRAB meeting. Cne!. Lehman also attended the Vision Shakopee Meeting and noted that the information that came to light at the public hearing on the Special Taxing District was viewed by Vision Shakopee as a positive. Vision Shakopee is attempting to incorporate some of this information gleaned into future plans for a Special Taxing District. Cncl. Link reported that he, Mr. McNeill and Terry Stang, Fire Chief, met regarding repairs on the Downtown Fire Station. Cncl. Link noted that the plans and specs would be done in house and then bids would be sought in early spring. CncL Link stated there was a temporary fix to the roof so that the roof would get through the winter. He noted that the roof would be fixed first on a permanent basis. Cncl. Link noted he is still receiving calls regarding garbage bills that landlords are receiving. He would like to see the procedure for collecting past due garbage bills reviewed again. Mr. McNeill noted there would be a public hearing at the November 19, 2002 City Council meeting regarding uncollected garbage bills. Mr. McNeill also noted that City staff would continue to work with Dick's Sanitation regarding the collection of past due garbage bills. CncL Link reported that he attended a couple of SPUC meetings. At the last SPUC meeting Cncl. Link attended he noted that a resolution of appreciation was passed for Bob Sweeney acknowledging all the community service given by Bob Sweeney. Cncl. Link also noted that the DNR has approved the permit authorizing SPUC to pump 2.2 billion gallons of water for 2003. Cncl. Link stated that this was an 80% increase over 2002. Cncl. Link noted that SPUC has been in contact with a consulting firm regarding the electrical needs of the City of Shakopee for 2003 to 2010. SPUC wanted to be able to meet the demand for electric when the demand was there. Cncl. Joos noted that he attended the School Board meeting and curriculum ideas were discussed. A recess was taken at 7:46 p.m. for the purpose of conducting the Economic Development Authority meeting. Mayor Mars reconvened the City Council Meeting at 7:53 p,m. LehmanlLink offered Resolution No. 5804, A Resolution Of The City Of Shako pee, Minnesota Approving The Preliminary Plat of Stagecoach Business Center, and moved its adoption. (Motion carried under the Consent Agenda). Michael Leek, Community Development Director, approached the podium and oriented the properties in the Retail Center Planned Unit Development (PUD) for Southbridge Crossings PUD. Mr. Leek noted that the underlying zoning for much of the property was Highway Official Proceedings of the November 6, 2002 Shakopee City Council Page -5- Business (B-1) and then a small portion at the intersection of Southbridge Parkway and County Road 18 was zoned Community Commercial (CC). Mr. Leek noted there were approximately five requests for amendments to this PUD. He briefly went through the each amendment request. The first request was for the Council to approve CUP's to allow multiple structures on lots in this PUD and a second request was for CUP's to allow some drive through uses. Mr. Leek noted there were three or four properties within the PUD that were designated for drive through use. The applicant was asking that the review of sites take place administratively after the CUP's have been approved. Mr. Leek noted that the second major request for amendment to the PUD was essentially to apply the Highway Business (B 1) zoning district and signage regulations to the area within the PUD that is zoned Community Commercial (CC), Mr. Leek noted that the third major request for amendment to the PUD pertained to signage (both wall and freestanding signs). Wal-Mart was requesting that they be allowed more signage on the front and side wall than what the zoning regulations allowed. Mr. Leek noted that some of the free standing signs requested would be taller and larger than allowed by the zoning code also. Mr. Leek noted that the Planning Commission reviewed these request at two meetings and recolmnended that the City Council grant the amendments to the PUD noting that all signage (both wall and freestanding) met current City Code requirements for size, location and number of signs. Mr. Leek stated the Planning Commission also recommended that the City Council allow the setback variations for structures of20 feet in the community commercial zone where a 50 foot setback is required and a 10 feet variation of the setback requirement for structures in the Highway Business Zone. Mr. Leek also stated that the Planning Commission recommended approval of the request to allow multiple structures on lots within the PUD. It was also noted by Mr. Leek that the Planning Commission recommended that the City Council deny the blanket CUP over the PUD that would allow administrative review and some drive through uses as depicted on the site plan, Cncl. Link asked if traffic would be impacted by the setback variations. Mr. Leek responded to this question. Mayor Mars also addressed the setback variations. Steve Soltau, Shakopee Crossings, approached the podium and stated the representative's from Wal-Mart and Sam's club would like a continuance of the PUD amendment in its entirety because they were unable to attend tonight's meeting. Mr. Soltau wanted to move forward with at least two of the items, however. These items were important to Mr. Soltau because they were related to construction activity. Mr. Soltau would like to continue discussion on setbacks (particularly on four buildings) and multiple buildings on a lot. Official Proceedings of the November 6,2002 Shakopee City Council Page -6- Mr. Soltau stated on the setback issue there were a couple of distinct areas were the setbacks were needed. Mr. Soltau noted it had been discussed that the entire Community Commercial area be rezoned to Highway Business (B1) and then the 3D-foot setback would apply and a variance would not be needed for setbacks or some signs. Mr. Soltau then further noted that the signage criteria for the Highway Business zone would apply. Mr, Soltau noted some of the changes to the original site plan. The limited service drive created some of the setback problems. Mr. Soltau felt the green space was very adequate, Mr. Soltau noted because of the orientation of the buildings many buildings have become double fronted. Therefore several architectural elements have been designed on the end. Mr, Soltau acknowledge that the limited service drive was included in the 30 foot setback (if the variance was granted) of the community commercial zone. The 3D-foot setback was from the property line to the edge of the building. Mr. Soltau stated he could live with the 3D-foot setback if it were granted. There was discussion as to why a small parcel in this PUD was zoned community commercial. Mr. Soltau noted that the multiple buildings on one lot applied to the Highway Business Zone as well as the Community Commercial Zone. Some ofthe multiple buildings on one lot had setback issues also. Mr. Soltau felt he was meeting the intent of the setback condition with the ancillary truck dock structure. Mr. Soltau stated he could live with the Planning Commission's recommendation ofa variance to the setback of20' on the eastern side rather than 30'foot variance to the setback. Mr. Soltau discussed Lot 1, Block 1 and Lot 1, Block 3 in the plat. Mr. Soltau noted that City staff suggested that the multiple buildings on one lot needed to be addressed in a specific resolution so this has been included it in this amendment request. Mr. Soltau noted the amendment for multiple buildings on one lot referred to all of Block 1, all of Block 3 and Lot 3 of Block 2. Cncl. J oos noted he did not have a problem with the Planning Commission's recommendations. Cnd Lehman noted he did not have a specific problem with the two setback changes in the Highway Business Zone or the other two setback changes in the Community Commercial Zone and he did not have a problem with multiple structures on one lot in this proposal providing that the plan didn't come back with an excessive amount oflots with multiple structures on them. He was not okay with a massive amount of multiple buildings on one lot. Cncl. Joos concurred on the excessive amount of multiple structures. Lehman/Joos moved to table the PUD Amendment for Southbridge Crossings to a future date when the representatives from Wal-Mart and Sam's Club are present to speak to the blanket CUP overlay for the PUD and signage with the direction that the Council appeared to be amenable to the setback changes for the two structures in the Highway Business Zone and the two structures in the Community Commercial Zone and multiple buildings on one lot. Official Proceedings of the November 6, 2002 Shako pee City Council Page -7- Cnd Link noted he did not have a problem with Mr. Soltau's request. Mayor Mars addressed the setbacks and noted that he did feel the comer at the intersection of County Road 18 and Southbridge Parkway was a very important comer and he wanted the setback to be where the City would have a lot of green space and as Mr. Soltau stated some over planting, Mayor Mars stated he was okay with the multiple structures; this had been done in other areas of the City of Shakopee. Motion carried 4-0. LehmanILink offered Ordinance No, 643, Fourth Series, An Ordinance Of The City Of Shako pee, Minnesota, Amending Chapter 11,81 Zoning Ordinance Amendments, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported on the text amendment regarding parking recreational vehicles, Mr. Leek noted that staff initiated this amendment because when staff was talking to the Police Department regarding enforcement issues it was apparent there was a real problem enforcing some parking regulations. Mr. Leek noted as City Code stands today it states that in a residential zone one of the exterior driveway parking spaces for a dwelling is allowed for the parking of recreational vehicles that are less than 35' in length. City Code also notes that all parking and building setbacks also apply to the parking of recreational vehicles in the zone thus making it almost impossible for residents to park recreational vehicles. Mr. Leek stated that staff tried to provide some guidance that allows parking of recreational vehicles on residential lots both in the driveway or in a side or rear yard with a properly surfaced area of a class 5 asphalt or concrete paving. Mr. Leek reported on the parking of other vehicles also. He noted the provisions in City Code were quite strict regarding the parking of vehicles. Cncl. Joos noted the purpose behind the impervious surface was possibly the leakage offluids from some vehicles, There was discussion on the setbacks when parking vehicles. One reason for the five (5) foot setback was for the protection of the easements and also to retain the look, as much as possible, of the residential zone. Mayor Mars noted that the rear yard with proper protection could be used for parking vehicles. Mr. Leek noted the parking of utility trailers had not been addressed in this text amendment to City Code Section 11.61. He would follow-up on the parking of the utility trailer if that was Council's direction. Mr. Leek noted that it had been brought to his attention by the Police Department that it was the recreational vehicles that were causing problems for the Police Department and that is why recreational vehicles were addressed. Mr. Leek noted that the changes staff was proposing at this time related only to recreational vehicles. Official Proceedings of the November 6, 2002 Shakopee City Council Page -8- Chief Hughes commented on the possible language change to the ordinance pertaining to recreational vehicles, Chief Hughes stated that he thought there were two separate issues before the Council at this time. He felt there was the issue with recreational vehicles and also the issue whether the Council wanted boats on trailers parked in residents back yards on an unimproved surface. Pete Ploumen, 718 Atwood, approached the podium and addressed the CounciL He was concerned about some of the definitions in City Code 11.61 i.e. recreational vehicles. He did not see the reasoning behind some of the ordinance provisions. He would like to see recreational vehicles redefined. Cncl. Lehman did not feel a simple utility trailer needed to be on concrete or class 5 aggregate. Richard Garvey, 726 Atwood, approached the podium and addressed the parking of utility trailers in the back yard, He was not in favor of putting rocks down in his yard. He also did not understand the definition of "vehicle". Leon Hartman, 728 South Scott, approached the podium and asked if this text amendment pertained to residential and/or commerciaL It was noted by Mayor Mars that this text amendment pertained to residential only. Mr, Hartman wanted to know why residential had to have a hard surface and some of the commercial could get by with no hard surface, Mr. Leek addressed this question. Cncl. Link suggested that this issue be tabled and that some of the issues be addressed that are being discussed. encl. Joos would like to see some of the definitions addressed and the soil pollution/non soil pollution issues looked into. Mr. Leek noted that the neighboring aesthetics also needed to be taken into consideration. Lehman/Joos moved to direct staff to define recreational vehicles as vehicles that are driven with temporary sleeping quarters and that need to be parked/stored on an impervious surface; and also to define what classifies a trailer/utility trailer as to size. CncL Lehman would like this issue looked at rationally. Pete Ploumen approached the podium and stated he had the state definition of a recreational vehicle and he would be happy to give this definition to Council/staff if they wanted it. Mr. Ploumen also stated he would like to see many more vehicles reviewed i.e. bobcats, all terrain vehicles, etc. Motion carried 4-0. Link/Joos moved to have the Police Department suspend all code enforcement activities of Chapter 11.61 until recreational vehicle/vehicles have been redefined and the Council has Official Proceedings of the November 6, 2002 Shakopee City Council Page -9- determined how recreational vehicle/vehicles should be enforced and to relieve Mr. Garvey of his summons and going to court until a new code enforcement amendment regarding recreational vehicle/vehicles has been approved. Police Chief Hughes noted that Mr. Garvey's citation is already in process and is in the hands of the court. Chief Hughes noted that he would see what he could do to postpone Mr. Garvey's court hearing. Dwayne Bohn, 736 Atwood Street, approached the podium asked ifhe still had to go to court. Cncl. Lehman was not in favor of stopping code enforcement that was on the books now. He would like to see code enforcement done on a complaint basis only until there was further direction from Council. , Motion failed 2-2 with Mayor Mars and Cncl. Lehman dissenting. Lehman/Link moved to direct the Police Department to go back to an obvious violation or a complaint basis for code enforcement on chapter 11.61 until the Council comes to some agreement as to what should be done/not done to chapter 11.61 regarding a text amendment. Motion carried 3-1 with Mayor Mars dissenting. LehmanlLink offered Resolution No, 5805, A Resolution Ordering The Preparation Of A Report On An Improvement To The 2003 Reconstruction Project, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlLink moved the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc. for surveying services for the proposed 2003 Street Reconstruction Project in an amount not-to-exceed $10,750. (Motion carried under the Consent Agenda). LehmanlLink moved to authorize staff to solicit quotes for soil investigation work for the proposed 2003 Street reconstruction Project. (Motion carried under the Consent Agenda). LehmanlLink offered Resolution 5806, A Resolution Of The City Of Shakopee, Minnesota, Approving The Locating, Establishing And Revoking Of Certain Portions Of County State Aid Highway No, 16 Within The Corporated Limits Of The City Of Shakopee, and moved its adoption. This was agreeing with the County's Resolution No. 2002-091. (Motion carried under the Consent Agenda). LehmanlLink moved to declare a 1989 Chevrolet pick-up truck VIN # IGCDK14H9KE146792 and a 1995 Mercury Mystique VIN # lMELM6530SK633482 as surplus property. (Motion carried under the Consent Agenda). Official Proceedings of the November 6, 2002 Shako pee City Council Page -10- LehmanlLink authorized the appropriate City officials to buy back 40 unused holiday hours from the following individuals: Jason Arras; Brad Bisek; Matt J Conway; Chris L. Dellwo; Phil Englin; Kevin Gulden; Cody Horner; Dan Hughes; Clay Johnson; Jon Kegley; Lynn Lipinski; Jerry Poole; Lisa Quick; Bridget Rettke; Craig Robson; Molly Schrot; Jeff Tate; Angela Trutnau; Greg Tucci; Asher Weidemann, Sean Zauhar and 33.50 hours from Erron Balfanz; 30 hours from Fred Radde; and 36 hours from Jeff Wyckoff. (Motion carried under the Consent Agenda), LehmanlLink moved to authorize the appropriate City officials to enter into a contract extension with WSB for preliminary surveying services of the Shakopee Soccer Complex at a cost not to exceed $5,000 and to direct the City's engineering staff to prepare plans and specifications for the soccer complex. (Motion carried under the Consent Agenda), LehmanILink offered Resolution No. 5809, A Resolution Of The City of Shakopee Endorsing The October 2002 Report Of The Second Mayor's Regional Housing Task Force Titled "Affordable Housing; Making It a Reality,"and moved its adoption and moved to direct staff to submit the Report to the Metropolitan CounciL (Motion carried under the Consent Agenda). LehmanlLink offered Resolution No. 5807, A Resolution Of The City of Shakopee Amending The 1999 Comprehensive Plan Update By Amending The Land Use Plan to Re-guide Land Generally Located South of3rd Avenue And East Of Adams Street From Medium Density Residential To Light Industrial, and moved its adoption. (Motion carried under the Consent Agenda), LehmanILink offered Ordinance No. 645, Fourth Series, An Ordinance Of The City Of Shako pee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located South of3rd Avenue and East of Adams Street From Old Shakopee Residential (R-IC) Zone to Light Industry (I-I) Zone. (Motion carried under the Consent Agenda), LehmanlLink moved to accept the resignation of Mark Houser from the Planning Commission with regrets, and direct staff to take the necessary steps to advertise for candidates to fill the vacancy that will be created by Mr. Houser's resignation, (Motion carried under the Consent Agenda). LehmanlLink moved to accept with regret the resignation of Tammy Abrahamson, Recreation Supervisor, and authorize advertising to fill the position. (Motion carried under the Consent Agenda). LehmanlLink moved to authorize the hiring of Pat Pitlick as a public works maintenance operator position and to be hired at Step 1, $15.21 per hour, of the 2002 Public Works Union Pay Schedule, effective November 21, 2002 and subject to a successful pre-employment physical and background check. (Motion carried under the Consent Agenda). Official Proceedings of the November 6, 2002 Shakopee City Council Page -11- Cncl. Link was confused as to why a growing City did not have the workload to require an Assistant Finance Director when an Assistant Finance Director was previously required. Gregg V oxland, Finance Director, noted there was just not the work to necessitate this position and Mr. Jason Bullard had been notified several months earlier that this position was no longer needed. Link/Lehman moved to regretfully terminate the employment of Jason Bullard effective December 31, 2002 due to budget constraints and decrease in the workload of the Finance Department. Motion carried 4-0. LehmanlLink moved to approve the status change request of Linda Jansen from full time status to part time status at 32 hours per week effective November 4, 2002. (MQtion carried under the Consent Agenda). Mr. McNeill explained that the City was updating the City Personnel Policy referring to meal reimbursement when traveling out of town on City business. Mr. McNeill noted that the existing policy is out of date and he was proposing that the City of Shakopee adopt the policy that Scott County is now using for meal reimbursement. Cncl. Link again asked who authorizes conventions for City employees and who are allowed to go. Cncl. Link questioned how much money was needed to reimburse employees when traveling. Cncl. Link felt he was entitled to see what these out of town conferences were costing the taxpayers. Mr. McNeill noted he would follow-up on this request. Cncl. Link felt some of the travel was out of control in light of the budget constraints. Mr. Leek noted that a line item was included in each department's annual budget for Travel. Mr. McNeill noted that some outside sources were used to send employees to conventions and training sessions. LinklLehman moved that the reimbursement of meal expenses remain the same as the current policy specifies and any out of state conferences should be approved by the City Council. Cncl. Lehman liked the idea of knowing the maximum up front that an employee could be reimbursed as shown in the Runzheimer Guide to Daily Travel. Motion failed 3-1 with Cncl. Joos, Lehman and Mayor Mars dissenting. Lehman/Mars offered Resolution No. 5801, A Resolution Of The City Of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting A Personnel Handbook. Motion carried 3-1 with Cncl. Link dissenting. Official Proceedings of the November 6, 2002 Shakopee City Council Page -12- Chief Hughes approached the podium and reported on the need to hire one more police officer. He believed public safety should be a priority for this community. The population of the City and the workload of the police department necessitated the need for another police officer. Chief Hughes noted that at times it was not possible to send two police officers to a crime scene and this was a dangerous situation for the City to be in. Many crimes occurred in the early morning hours when the police department had only two officers on duty. Chief Hughes noted that the funding does exist for this new officer position and that the Police Civil Service Commission conducted the necessary testing and created an eligible register to hire from. Chief Hughes noted the calls of service for each month for the past several years. He also noted that the crime rate was going down but the population rate was going up. Chief Hughes noted it used to be that the crime rate was down in the wintertime and up during the entertainment season; that no longer is the case. Chief Hughes stated that right now the Shakopee Police Department is very reactive to responding to criminal actions. He would like to get to a point where he could prevent crime from happening. With the graphics and statistics that Chief Hughes presented, it appeared that Shakopee Police Department far out performed the neighboring cities when it came to policing. Chief Hughes stated that part of the reason for this high performance percentage is the good relationship that the Police Department has with the residents and entertainment venues, plus there are many more businesses in the City of Shakopee now. Joos/Mars moved to authorize the hiring of Mitch Mullenbach as a probationary police officer at a monthly rate f$3,260.75, subject to the satisfactory completion of pre-employment medical and psychological examinations. . Mayor Mars asked Chief Hughes to bring back information on the intersections of Vierling Drive and Marschall Road, 10th Street and Marschall Road and also traffic speeds out in the Pheasant Run Addition. Chief Hughes noted he would bring this information back. Motion carried 4-0. Cncl. Link noted that he had a problem with paying for the gas and sheltering costs for Westra Construction Company for winter work on the new Library. He was of the opinion that the City had settled with Westra on the delays caused by the soil corrections. Cncl. Link felt this winter sheltering cost had been in Westra's bid. He stated that the City should not be paying for this sheltering expense and he would not support paying for it. Mr. McNeill suggested that Change Order NO.3 be tabled because he did not have the appropriate information available at this time to support Change Order NO.3. Action on Change Order NO.3 could be taken at the November 12, 2002 City Council meeting. Cncls. loos and Lehman concurred with Cncl. Link. Official Proceedings of the November 6, 2002 Shakopee City Council Page -13- Joos/Lehman moved to table Change Order No.3 for Westra Construction Company until the next City Council meeting on November 12,2002 and to approve Change Order No.2 in the amount of $15,551.82 for storm water piping and other requests due to code requirements, MPCA requirements and engineering. Motion carried 4-0. Lehman/Link offered Resolution No. 5794, A Resolution Of The City Of Shalwpee, Milmesota Adopting A Gift/Donation Policy and moved its adoption. (Motion carried under the Consent Agenda). Joos/Lelunan offered Resolution No. 5798, A Resolution Decertifying Tax Increment Financing District No.1, and moved its adoption. Motion carried 4-0. Mr. McNeill noted that two special meeting dates needed to be set for ajoint meeting with the Plalming Commission and the Economic Development Advisory Committee to hear a report from Northwest Associated Consultants (NAC) for development and re-development for some areas within the City of Shakopee and then perhaps to anlend the City's Comprehensive Plan. The second meeting would be needed for the Environmental Advisory Committee and Jackson and Louisville Townships to review the Natural Resources Inventory. Mr. McNeill suggested some possible dates for the two special meetings; these dated are after the new Council member is seated. Joos/Lelunan moved to set Tuesday November 26 at 7:00 p.m. for the joint meeting with the Planning Commission and the Economic Development Advisory Committee to hear the NAC Report and to set Tuesday December 10, 2002 at 7:00 p.m. for the joint meeting with the Enviromnental Advisory Committee and Jackson and Louisville Townships to review the Natural Resources Inventory. Mayor Mal's noted that it would be great to have the Maxfield report from Mr. Leek available for the Tuesday November 26th meeting to be used when working on the Comprehensive Plan. Motion calTied 4-0. Lehman/Link offered Resolution No 5808, A Resolution Honoring Janet Williams Upon Her Retirement As Scott County Library Director, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to direct Nesbit Agency, the City's insurance agent, to negotiate applicable reductions in the City's employee health insurance premiums, and apply savings proportionately as described in the memo from Mark McNeill, City Administrator, to the Mayor and City Council regarding Health Insurance for 2003 dated November 4,2002. (Motion carried under the Consent Agenda). (CC Document No. 325) Official Proceedings of the November 6, 2002 Shakopee City Council Page -14- Mr. McNeill reported on the vacant Council seat. He reported that 13 applications had been received in response to filling the position. Mr. McNeill noted that at the October 15,2002 meeting Council adopted a policy that noted that these applications for the vacant Council seat would be reviewed by each Council member and would then be discussed at the Special Council meeting on Thursday November 14,2002. Cnc1. Link still felt that the election results from last year should be the way to go. Cnc1. Link also would like to know the process necessary to expand the City Council by two more members. The City Attorney will provide this information to the current Council. There was discussion as to how this vacancy should be filled. There was consensus by the Council on the process they would use for filling the VaCallt seat on the City Council. The Council members would receive the applications and would review the applications and mark three at home and would then have staff tally the marks for each candidate at the November 12th meeting to determine who would be interviewed at the November 14th meeting. There was consensus by the Council that the meetings on November 12th and November 14th would begin at 5:30 p.m. Link/Joos moved to adjourn to Tuesday November 12 at 5:30. Motion carried 4-0. The meeting adjourned at 10:27 p.m. ~J'0f 1d~, s. Cox ity Clerk Carole Hedlund Recording Secretary