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HomeMy WebLinkAbout7. Approval of Minutes: October 5, 2004, October 19, 2004 and October 26, 2004 . OFFICIAL PROCEEDINGS OF THE CITY COUNCIL , i REGULAR SESSION SHAKOPEE,MINNESOTA OCTOBER 5, 2004 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Menden, Helkamp and Lehman present. Absent: Council member Joos. 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; Paul Snook, Economic Development Coordinator and Mark Themig, Park, Recreation and Facilities Director. The pledge of allegiance was recited. The following item was deleted from the agenda. IS.C.2. Final Plat For Riverside Fields 3rd, located north of Crossings Boulevard and west of CSAH 18. . Helkamp/Menden moved to approve the Agenda as modified. Motion carried 4-0. Mayor Schmitt stated there had been a joint meeting with the Park And Recreation Advisory Board (PRAB) and the citizen task force regarding possible enhancements to the Shalcopee Community Center. He noted the Shakopee Public Utilities (SPUC) Open House had been held. Mayor Schmitt also noted that he participated as a government teacher to 3rd graders at Pearson Elementary School. Ms. Cox, City Clerk, stated a proclamation had been prepared to acknowledge November 2,2004 as Kids Voting Day. Ms. Maureen Peterson, from Kids Voting Committee, stated that Kids Voting is a national non- profit and non-partisan effort to educate young people about the rights, responsibilities and mechanics of voting. She noted she expected this program to continue for years in Shakopee. Ms. Peterson noted national research indicated that communities that had kids voting programs experienced a three to five percent increase in voter turnout. Lehman/Helkamp moved to accept the proclamation proclaiming November 2,2004 as "Kids . Voting Day, in the City of Shako pee. Motion carried 4-0. The following items were added to the Consent Agenda. 9. Continuation of public hearing on Challenge Printing, Inc. Minnesota Investment Fund loan for property located at 1000 Valley Park Drive to November 3,2004, lO.e. Update on Strategic Visioning and lS.FA. Boards and Commission Appointments to Fill Vacancies. The following items were removed from the Consent Agenda. IS.A.l. Second Amendment to Law Enforcement Mutual Aid Pact and lS.DA. No Parking Signs for Sarazin Street from St. Francis A venue to 17th AVelll:l~, Official Proceedings of the October S, 2004 Shakopee City Council Page -2- Lehman/Helkamp moved to approve the Consent Agenda as modified. Motion calTied 4-0. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. . Jon McBroom, Superintendent for Shakopee School District, thanked the Shakopee Police Department and the Shakopee Fire Department for the efficient help and great support at the Shakopee High School with the bomb scare. He thanked the City Council for allowing people to be hired that show professionalism when it was needed. Mr. Arvid Sornberger, citizen of Shakopee, expressed his support for the creation ofthe accessibility task force. He felt this task force was a very important task force to belong to and he thanked the City for allowing citizens to sit on this committee. He stated tillS committee showed the character of the City. Helkamp/Menden moved to approve the minutes for July 27, 2004. Motion carried 3-0 with Cncl. Lehman abstaining because he was absent from that meeting. Helkamp/Menden moved to approve the minutes for August 4,2004. Motion can-ied 3-0 with Cncl. Lehman abstaining because he was absent from that meeting. Helkamp/Lehman moved to approve the minutes for August 10, 2004. Motion calTied 4-0. Helkamp/Menden moved to approve the minutes for August 12,2004. Motion carried 4-0. Helkamp/Lehman moved to approve the minutes for August 17,2004. Motion carried 4-0. Lehman/Helkamp moved to approve the bills in the amount of$28S,612.13 plus $146,091.85 for refunds, returns and pass through for a total of $431,703.98. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following . approval]. Lehman/Helkamp moved to approve the continuation ofthe public hearing for the Minnesota Investment Fund application and related Business Subsidy Agreement for Challenge Printing, Inc. to November 3, 2004. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, stated the City had received a letter dated September 22,2004, from Elmer Otto, Eastview Circle, addressing concerns about activities on adjoining properties. Mr. Leek noted in Mr. Otto's letter, Mr. Otto suggested the City should regulate these activities through licensing. He noted staff was communicating with other cities regarding their licensing programs. He noted these activities were quite time intensive. He noted he would follow-up on the licensing procedures of other cities. He noted many of the Official Proceedings of the October 5, 2004 Shakopee City Council Page -3- concerns in Mr. Otto's letter were addressed in the City's nuisance code (noise and trespassing). Mr. Leek noted this letter was also referred to the beat supervisor of the Shakopee Police Department. Mr. Elmer Otto, Eastview Circle, passed out more information that went with his letter. He stated the purpose for his attendance at this meeting was to help the Eastview Circle residents deal with problems resulting from the neighboring apartments. He noted the citizens on Eastview Circle had signed a petition regarding the neighboring apartments. According to Mr. Otto, the Garden Villa apartments had not done certain items in the time frame that they were suppose to do them. Mr. Otto thought these were petty measures for the police to be coming to, besides by the time the police got there the concern (noise) was not present any longer. The multi-housing progranl with officer Cody Homer was noted. Mr. McNeill thought the best solution right now was for officer Homer to continue working with management at the Garden Villa apartments. He stated he would give the new information he received tonight to the Shakopee Police Department. Lehman/Helkamp moved to direct staff to bring back a report from officer Homer letting the Council know what was being done at the Garden Villa apartments. A resident from Eastview Circle stated that she had spoken with Officer Horner and the management of Garden Villa apartments had not attended any of officer Homer's meetings and the management of Garden Villa apartments had not been responsive to officer Homer suggestions. She noted the petition had been brought to the management at the Garden Villa apartments and a copy ofthe petition had been given to officer Homer. She noted Huntington and Garden Lane Apartments were also part of the petition. The noise was a real concern. She stated a copy of this petition would be available for City staff and the City Council. Motion carried 4-0. Mr. McNeill gave an update on the City's goals and action plan. Mr. McNeill suggested that an update be given at the first meeting each month. Cncl. Helkamp thought just giving each Council member an opportunity to ask questions or make comments regarding the goals and action plan update in their packet was sufficient. Cncl. Menden discussed the management of the City's growth. Cncl..Menden stated he would like to direct staff to come back with some additional steps that could be implemented to Goal #1 - Manage the City's Growth. Cncl. Lehman thought that Goal #2 - Insure the City's Financial Stability and Goal #3 - Continue to Provide Quality Services with Available Resources were also connected and they also needed to be looked at. Cncl. Menden and Cncl. Lehman thought perhaps these goals should be reviewed at a budget meeting. Official Proceedings of the October 5, 2004 Shakopee City Council Page -4- Cncl. Menden would like to see the 2005 budget be focused on the City's goals. Mayor Schmitt suggested this action be done at the next budget work session. LehmanlMenden moved to direct staff to incorporate the discussion on the 2004-2006 Goals into the next budget work session. Cncl. Lehman would like to see multi-housing added to Goal #5 - Improve Communications with the Public. Motion carried 4-0. Helkamp/Menden moved to recess at 7:43 p.m. for the purpose of conducting the Economic Development Authority meeting. Motion carried 4-0. Mayor Schmitt re-convened the City Council meeting at 7:45 p.m. LehmanlHelkamp offered Resolution No. 6122, A Resolution Of The City Of Shako pee, Minnesota Approving The Preliminary And Final Plat Of Park Place, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Lehman had a question regarding the number of hours worked and/or if overtime was involved on the second amendment to the law enforcement mutual aid pact. Cncl. Helkamp addressed this question. Mr. McNeill, City Administrator, explained the second amendment to the law enforcement mutual aid pact and its impact to the City's budget. . Lehman/Helkamp moved to authorize the appropriate City officials to enter into the Second Amendment to Law Enforcement Mutual Aid Pact with the County of Scott and cities within Scott County, and moved its adoption. Motion carried 4-0. LehmanlHelkamp moved to authorize the appropriate City officials to enter into the Joint and Cooperative Agreement for the use of Police Personnel and Equipment for the Tri-City Tactical Team (Cities of Shakopee, Prior Lake and Savage). (Motion carried under the Consent Agenda). Mr. Themig, Park, Recreation and Facilities Director, noted two potential planning activities for the Council to consider. These were: 1) Update to the Parks Comprehensive Plan and 2) the opportunity to enter into an agreement with the Minnesota Department of Natural Resources as well as CPR Planning to do natural resource planning. Mr. Themig addressed the Parks Comprehensive Plan. This particular Park Comprehensive Plan was completed in 1998/99. The focus areas for park acquisition were focused on. Mr. Themig noted that this Comprehensive Plan did not focus on potential park areas in areas that were recently annexed cmd areas in the townships. He noted the new update (not the Parks Official Proceedings of the October 5, 2004 Shakopee City Council Page -5- . Comprehensive Plan) for the Comprehensive Plan showed land uses in these areas. Mr. Themig did note that the Transportation Plan now underway would focus on some of the trails in the system. Mr. Themig stated the surface water, storm water management plan is also being updated at this time. He stated the Park And Recreation Advisory Board (PRAB) was not comfortable making recommendations with this outdated Parks Comprehensive Plan. He noted that it was budgeted for 2004 to have this Parks Comprehensive Plan updated. He noted some of the components for the Parks Comprehensive Plan Update could be done in-house, however an outside consultant could bring in some fresh ideas. Terry Meiller, Natural Resources Specialist, addressed the Natural Resources plmming grant opportunity. The grant being discussed was the Bush Foundation grant to incorporate natural reSOUrces information into land use planning decisions. This grant was awarded to the Minnesota Department of Natural Resources and they in turn contacted the City of Shakopee to see if the City was interested in participating because of the City's extensive Natural Resources information. This was an excellent opportunity for the City of Shakopee to get started. on some of the natural resources goals for the City (greenway corridor system). . Jean Coleman, from C.R. Planning, noted the Environmental Advisory Committee (EAC) recommended that the City proceed with the planning process. She stated she hoped to take the greenways concept in the Comprehensive Plan into a more refined state (mapping and implementation plan). She stated she was under contract with the DNR and she was hopeful to work with the City of Shakopee. This work now would help with the 2008 Comprehensive Plan. She noted what some of her goals were. Mayor Schmitt asked Mr. Themig ifhe had time in his busy schedule to handle this additional work. Mr. Themig noted that he felt Terry Meiller, the Natural Resources Specialist, could lead the effort on the natural resources planning grant. Mr. Themig did state that the Parks Comprehensive Plan would take time but he thought it was important to do. He stated the Parks Comprehensive Plm1 would take priority at this time. Mayor Schmitt suggested some projects that may be slowed down so this Parks Comprehensive Plan could be worked on. He asked Mr. Themig to come back with a recommendation for a priority schedule. Mr. Themig did gave an update on some of the park projects and their plans. He noted there was progress that was being made. Cnd. Lehman disagreed with prolonging projects. He stated it really was necessary to update the Parks Comprehensive Plan. He was in favor of updating the Parks Comprehensive Plan but he would like to do as much as possible in house. He thought the greenway corridor and natural resources needed to be separate from the Parks Comprehensive Plan. He felt it was very . important that the parks and the natural green ways and natural resources not be linked. He would like to see the independent bodies look at specific issues and collaborate when they could. He was in favor of doing the natural resources grant but he wanted to do it separately from the Parks Comprehensive Plan. Mr. Themig noted the EAC would handle the Natural Resources Grant and the PRAB would handle the Parks Comprehensive Plan update. Official Proceedings of the October 5, 2004 Shakopee City Council Page -6- Cncl. Helkamp stated he was not in favor of slowing down some of the park proj ects either. He did think it was a great opportunity to integrate the City's natural resources goals into the City's Comprehensive Plan and to do a park plan. He was in favor of working with the DNR grant and did think the PRAB did need to look at the Park Comprehensive Plan. Cncl. Menden also thought the two (natural resources grant and Parks Comprehensive Plan) were necessary steps. Cncl. Menden did think Mr. Themig should identify things that needed to get done and some things that could wait a while at the budget meeting. , Menden/Helkamp moved to authorize the appropriate City staff to issue a request for proposals for updating the City's Comprehensive Park Plan. 0 Mr. Themig noted that he thought his department could handle this workload but he would bring back a priority list at the budget work session. Mr. Leek, Community Development Director, addressed the time component also. Motion carried 4-0. Helkamp/Menden moved to authorize the appropriate City staff to enter into agreement with the Minnesota Department of Natural Resources and C.R. Planning for Natural Resources Planning. It was noted that the Parks Comprehensive Plan would be done independently of the Natural Resources Planning and parts of the planning would be meshed later on. Cncl. Menden concurred. Motion carried 4-0. Mr. Themig addressed the creation of an accessibility task force. Mr. Themig noted there was more work to do on the accessibility plan put together by the consultant to come into compliance - with programs services and communication with the public. He noted the City was required to do inclusion but systems were not in place for some requests i.e. accessible bus, sign interpretation. He stated the idea of the task force was to identify needs and address these specific needs and to bring this information back to the Council in the form of a recommendation. He noted the task force did not intend to duplicate the work the consultant did. He noted Brad Eller from the Park and Recreation Department would be heading up the accessibility task force with his help. Because Shakopee was behind on this issue, Cncl. Lehman preferred to get a group together to do a to-do list to get up to standards. He wanted the City to get up to where the City should be and then to move further. Cncl. Helkamp noted the items the consultant put before the Council were brick and motor type items there were other type items that needed to be done also. Cncl. Helkamp thought the input from concerned residents could be very good help. Cncl. Menden felt this input from the residents was needed and a very good move. Official Proceedings of the October 5, 2004 Shako pee City Council Page -7- Helkamp/Lehman moved to direct staff to proceed with the creation of a citizen task force on (handicap) accessibility. . Karla Cress, resident of Shakopee, commended the Council on this action. She noted the transition plan was not only brick and motor, there was also self evaluation involved, programs, registration, customer service to name a few. It was all mandatory. Mr. Arvid Somberger, commended the Council but he noted the people on the task force or whatever it was called knew the priorities. They had expertise in this area. They would not come up with a wish list but with a list of things that needed to be done to be in compliance with state and federal laws. Mr. Sornberger noted he had talked with School Superintendent, Jon McBroom, on coordinating efforts and Mr. McBroom welcomed the City's input. Motion carried 4-0. Mr. Themig reported on the Valley Creek Crossing Conservation Easement that had a water main running through it. Mr. Themig noted that this conservation easement had been dedicated to the City as part of the A.C.C. 2nd Addition. The total conservation easement was divided between the City and private property ownership. Mr. Themig noted the preliminary plat had been approved; he had not reviewed the utility plans going through the park areas. He noted it was the watermain looping requirement from Shakopee Public Utilities (SPUC) that had caused . this problem also. A conflict was caused with the drainage and utility easement because this drainage and utility easement ran over the conservation easement. Mr. Themig noted, according to the City Attorney, the drainage and utility easement prevailed over the conservation easement. The City was not precluded from having the watermain run through the easement area. Mr. Themig noted at this point the developer had cleared the trees for the watennain; the developer was willing to do restoration of the area that had been disturbed (this actually would be an enhancement of the easement area). Mr. Themig stated a plan needed to be developed to maintain the conservation easements that the City was getting. Mr. Loney, Public Works Director/City Engineer, addressedCncl. Helkamp's question regarding tree roots over a watermain~ Jim Thomson, City Attorney, noted even though the drainage and utility easement superimposed over the conservation easement, the conservation easement restricted the developer and the property owners of the conservation easement what they could do with the property but it did not restrict the City for maintaining, installing or constructing anything made by man. Mr. Thomson thought the City could address this problem with the conservation easement by requiring the developer to restore the area he had cleared. Cncl. Lehman noted the developer conveyed the property to the City and violated his own conditions. Mr. Themig noted the developer had not been aware how restrictive the requirements . were in the conservation easement area. Mr. Themig noted the developer was more than willing to help restore the conservation easement. Mr. Themig stated he clearly missed a portion of the Official Proceedings of the October 5, 2004 Shakopee City Council Page -8- City's review ofthe utility plan. Cncl. Lehman stated there had been much resident involvement and concern in this area and now their worries had come true. Cnd. Lehman was concerned about this. Mayor Schmitt and Cncl. Menden noted the looping problem with SPUC needed to be resolved because the City had a problem with the looping requirement before. Menden/Helkamp moved to permit the installation of the watermain through the conservation easement area in the Valley Creek Crossing and A.C.C. 2nd development. Motion carried 4-0. Cncl. Menden was of the opinion that the developer needed to be required to restore the area he disturbed in the conservation easement. He noted City staff and the Environmental Advisory Committee should approve the plan for this restoration. He would like to see some additional . requirements placed on the developer for disturbing this area in the first place because the developer should have known the restrictions in the conservation easement. Mayor Schmitt suggested the Natural Resources Specialist, the City had on staff, should get involved in what was done with this conservation easement. Cncl. Helkamp noted the developer thought he was in a utility easement working, he could see the confusion and thought the developer should not be required to do additional work. Lehman/Menden moved to direct staff to take the conservation easement document back to the developer and work with him to come up with a suitable plan for restoration and to require the developer to restore the disturbed area according to this plan. Motion carried 4-0. Mayor Schmitt would like to see the Engineering Department review plans, etc. for the watermain-looping requirement. Mr. Loney noted there was no looping line on the preliminary plat and the City relied on SPUC to give comments. There was discussion as to how this looping requirement should be checked. Lehman/Menden moved to direct staff to come back with a recommendation concerning final plats and meeting all of the City criteria and SPUC checking off on the watermain looping . requirement and any other SPUC requirement. Discussion followed. Cncl. Helkamp called the question. Everyone was in favor of limiting debate. Motion carried 4-0. A recess was taken at 9:00 p.m. Mayor Schmitt reconvened the meeting at 9:09 p.m. Official Proceedings of the October S, 2004 Shakopee City Council Page -9- Mr. Leek reported on the denial ofthe sign variance for real estate signs for Ryan Companies from the Board of Adjustment and Appeals. Two signs were proposed to be 120 square feet in size and two signs were proposed to be 64 square feet in size and one project sign was proposed sized at 64 square feet. Mr. Leek noted the size sign allowed in the code for these two classifications. Mr. Leek noted that staff was of the opinion that three signs were allowed on the site and Ryan Companies argued that six signs should be allowed. He noted the request that was at the Board of Adjustment and Appeals was different from what was before the City Council now. Previously Ryan Companies was asking for four signs now they were asking for five signs. Mr. Leek noted staffs rationale for their determination of denial of the sign variances. Mr. Leek was of the opinion that staff felt this was really a request based on economics. Mr. Leek noted the Board of Adjustment and Appeals dealt with the criteria for a variance in a very strict fashion and they did not feel they had the authority to negotiate a different result if the criteria were not met. Mr. Leek noted Carlson Companies intended the project sign to be left until the very last certificate of occupancy was issued for the Business Park and Commercial portion on this site and the temporary real estate signs would remain until the site was completely sold but the signs would be changed to reflect what was still left to be sold/leased. Mr. Carlson noted the signage needed to be proportionable to what was available for sale/lease. He also noted how the size of the sign was determined. Kent Carlson, Ryan Companies, noted that the area of the project was very large, unique and complex. The signs that were previously up had been taken down at the City's direction because they were too large. He noted Ryan Companies felt is was necessary to have several signs for marketing purposes. Mr. Carlson noted the real estate signs would only be one sided (32 square . feet per side was allowed by Code). Helkamp/Lehman moved to uphold the appeal of Ryan Companies, thereby granting the requested variance (3-64 sq. ft. signs and 2-120 sq. ft. signs), and direct staff to prepare a resolution for the Council's consent agenda that is consistent with the request of the applicant. Property is located south ofHwy 169, east and west of Canterbury Road and north ofCR 16. Cncl. Helkamp did not think the City's sign ordinance addressed large-scale projects. He did not think the additional signage would cause an eyesore because of the size of the property. He noted he liked to stand behind the Board of Adjustment and Appeals determinations but in this particular case the Board did not feel they had the authority to deviate from the ordinance. This was a policy decision that the Council needed to make. Cnc1. Lehman thought this was a reasonable request because the signs would be one sided. Cne!. Menden noted this was a big site and he did not think the additional signage would clutter the site; plus the City had a stake in this project and they had a big incentive to get this project build out as soon as possible. Mayor Schmitt noted he had a couple concerns. One concern was the number and size of the signs. He explained why. The other concern was that these signs would be left up for a long period of . . Official Proceedings of the October S, 2004 Shakopee City Council Page -10- time. Cncl. Helkamp noted that the City had the opportunity to review the variance if that was desired. CncI. Helkamp amended his motion to be a total of five signs as indicated on the mapping provided to staff (2 signs at 120 sq. ft. and 3 signs at 64 sq. ft.). It was agreed by all Council members that all these signs were one sided and the location and life of the signs was subject to annual review. Motion carried 3-1 with Mayor Sclunitt dissenting. Lehman/Helkamp offered Resolution No. 6121, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Easements For Property North Of County Road 78, East of Barrington Drive and West of CSAH 17, and moved its adoption. (Motion carried tmder the Consent Agenda). Lehman/Helkamp moved to approve the distribution of the ISD 720 Environmental Assessment Worksheet. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the appropriate City officials to order three Goshen transit buses from Grande American for the quoted price of$168,144. (Motion carried under the Consent Agenda). Mr. Loney reported on Milwaukee Manor's concern regarding the mowing of drainage retention ponds. Mr. Vanoni raised the issue on the drainage pond in Outlot A in the East View Addition. Mr. Loney noted this was one of the first ponds the City received to take care of. He noted the City had been mowing this pond for several years. The area in the pond that was not being mowed was wetland vegetation under water. He stated the City mowed all that they could. He noted the ordinance was old and probably should be updated that stipulated the mowing of the drainage retention ponds and the control of noxious weeds. He noted the weeds left in the pond were not noxious weeds, but wetland mitigation. Mr. Loney noted the City was responsible for drainage issues with all the ponds but what was being talked about was a maintenance issue and the City was not always responsible for the maintenance of up keep around the pond. Helkamp/Lehman moved to accept staff s response to the Milwaukee Manor Home Association's concern regarding maintenance of the retention pond in Eastview Circle and place it on file. (CC Document No. 359) Renee Vanoni, President of Milwaukee Manor, noted they mowed the pond area that the Milwaukee Manor was responsible for all the time. He stated he cleared the drains all the time as Official Proceedings of the October 5, 2004 Shakopee City Council Page -11- well as other residents did at Milwaukee Manor. He stated he too thought these ponds may become health hazards in the future. Motion carried 4-0. Mr. Loney reported on the grading permit for Noecker Development LLC (7301 Eagle Creek Boulevard). Mr. Loney noted this grading permit was a request to stockpile material; the applicant felt the site was low and fill needed to be brought in. Mr. Loney noted Mr. Noecker had closed on part of the site and had an agreement with the landowner that he could stockpile materials on any of the site. Mr. Loney noted that Mr. Noecker had a court order to enforce the purchase agreement with Mr. Hanson. Mr. Loney noted in 2003 Mr. Noecker was hauling in material illegally on this site until it was pointed out to him that he needed a City grading permit for stockpiling material. Mr. Loney noted with the grading permit request staff had put together a list of conditions to go along with it. He noted some of these conditions had already been taken are of. Mr. Loney stated he had an email from Mr. Hanson's attorney stating that Mr. Noecker could stock pile material on Mr. Hanson's property. Mr. Loney stated grading is allowed in the zoning code but the City was leery of allowing grading on parcels where there would be a future subdivision. Mr. Loney noted the stockpile itself had size limitations and other limitations on it. Mr. Loney noted this grading permit involved no tree removal. Terry Meiller, Natural Resources Specialist, provided some revised conditions that the applicant would need to adhere to with this grading permit. Mr. Loney noted some of the conditions on the grading permit. Mr. Loney noted the applicant did not agree with some of the conditions but what he did not agree with was standard procedure and needed to be followed. The applicant felt the site was low and additional fill would be needed at some time. The stockpile itself had conditions on it because the City did not want it to look like a big berm. . Mayor Schmitt thought a condition should be added addressing the maximum yardage and what type of fill material could be stockpiled at the site. Mr. Leek noted as plans for County Road 21 developed, planning staff wanted to have a mechanism to require the recommended setbacks; he stated he thought an annual review was a mechanism that provided planning staff the tool to require the recommended setbacks for the north portion of the site now zoned for single-family residential and the southern portion zoned R-IB. This R-1B zoning allowed up to three to five units per acre net density. LehmanlMenden moved to approve a grading permit for Noecker Development LLC, with conditions as outlined in the staff memo from Mr. Loney (CC Document No. 360) and the memorandum from Joe Swentek, Project Engineer, (CC Document No. 361) and modified by Council with the addition of more conditions. These conditions were 1) identify all wetlands on site that are within 500' of the proposed haul route, all wetland boundaries need to be clearly staked and marked, 2) fI. silt fence is to be installed around any wetland adjacent to traffic areas 3) Official Proceedings of the October 5, 2004 Shakopee City Council Page-12- a maximum of 30,000 yards of clean fill is allowed to be brought to the site (the words "Clean . Fill" was to be added to one of the conditions generated by staff, 4) this grading permit is to be reviewed yearly. Mr. Thomson noted thes~ conditions provided no protection to the City from the property owner. The City had protection from the applicant but not the property owner. Right now the applicant was not the owner of the property. Mr. Thomson noted the City had previously allowed grading on an active plat but there was no active plat on this property right now. Mr. Thomson did note the property owner did agree to allow this stockpiling. Mr. Thomson suggested the City require the applicant to post some financial guarantee before the grading (stockpiling) was allowed. Mr. Randy Noecker, applicant and developer, noted the size configuration and the height requirements was a restriction control by itself alone. Mr. Noecker stated there would be no hauling of structural material. He would like this stockpile of clean fill now because other developers needed to get rid of material and now it was free. He stated the site needed to be raised approximately five feet on the average. Cncl. Lehman withdrew his motion and Cncl. Menden withdrew his second. LehmanlMenden moved to direct staffto prepare a grading permit for Noecker Development LLC and to come back with a permit that had all the conditions as outlined in the staff memo .from Mr. Loney (CC Document No. 360) and the memorandum from Joe Swentek, Project Engineer, (CC Document No. 361) plus additional conditions: 1) identifying all wetlands on site that are within 500' ofthe proposed haul route, with all wetland boundaries being clearly staked and marked, 2) a silt fence is to be installed around any wetland adjacent to traffic areas 3) a maximum of 30,000 yards of clean fill is to be allowed to be brought to the site (the words "Clean Fill" be added to one of the staffs conditions, 4) this grading permit is to be reviewed yearly and 5) a financial guarantee acceptable to City staff and the City Attorney would be given by the developer. Cncl. Helkamp stated he would like to hear input from the Planning Commission on this request for a grading permit to stockpile material. Cncl. Menden suggested the Environmental Advisory Committee (EAC) take a look at this request also because wetlands were involved. Mr. Themig noted this grading permit was not impacting wetlands at this time so there really was no need to go before the EAC. Cncl. Helkamp added a friendly amendment that the document be prepared as suggested in the motion and then the Planning Commission see the final document (after engineering revised) . before it comes back to Council. The motion maker and the seconder accepted the friendly amendment. Official Proceedings of the October 5,2004 Shakopee City Council Page -13- Motion carried 4-0. Mr. Loney reported on a grading permit for Shakopee Mdewakanton Sioux Community (SMSC) Village East located adjacent to McKel,IDa Road. Mr. Loney noted the site for the grading permit was 80 acres offee land adjacent to 80 acres of land in trust. The gradingpelmit would be for the ponding area that is being developed to serve much ofthe SMSC property. He noted staff had met several times with the SMSC to discuss this grading permit and staff had come up with a list of conditions that were discussed with the SMSC. The City consultant and the Prior Lake Watershed District had done a drainage review of the site, also. Mr. Loney noted the major issues of this proposal were: 1) access to McKenna Road, 2) Compliance to the 1999 Stornlwater Management Plan {main issue} [agreement needed for upgrade to the channels {rates exceeded}], 3) Impact to downstream channels {Blue Lake and Prior Lake Outlet Channels} 4) Impact on future County Road 21 alignment {Touches eastern edge on a pond}, and 5) Maintenance responsibility of proposed ponds {SMSC wants to maintain ponds not the City of Shakopee}. Mr. Loney noted this grading permit had gone before the EAC because some trees were impacted; the SMSC did have a tree replacement plan in place that the EAC did like. Mr. Loney was of the opinion that this would be a very good improvement for the drainage in the . area with the conditions staff had proposed. Mr. Stan Ellison, Land and Natural Resources Manager for the SMSC, approached the podium and stated the SMSC was trying to develop the last piece of trust land left on the reservation. Mr. Ellison noted to maximize the number of houses on trust land the ponding area had been moved to the fee land that they owned. Mr. Eliason explained the .development and some of the land features in the development and the ponds. He stated he felt compliance to the City's 1999 Stormwater Management Plan and the impact downstream to the channels could be addressed positively. He stated the frontage road to McKenna Road was a safety issue and the issue of County Road 21 (right-of-way) was not a done deal yet; (there still needed to be negotiation between the County and the SMSC). They did not like the way the proposed alignment or right- of-way for County Road 21 was right now. Mr. Loney noted he and the SMSC were confident the western ridge line was still provided for. Mr. Ellison explained the pond maintenance, safety controls and the different water levels. Helkamp/Lehman moved to approve a grading permit for the Shakopee Mdewakanton Sioux Community, with the conditions listed in the September 30, 2004, memo from Joe Swentek, Project Manager. (CC Document No. 362) The frontage road for McKenna Road was discussed. Motion carried 4-0. Official Proceedings of the October 5,2004 Shakopee City Council Page -14- Mr. Loney updated the Council of the no parking signs and striping plan for Sarazin Street, from St. Francis Avenue to 17th Avenue. He noted there would be a new access for St. Gertrude's to line up with French Trace A venue and for the new employee parking lot. He noted a traffic analysis had been done and staff was recommending that Sarazin Street be changed. He noted as a condition of approval for the St. Francis PUD, it was recommended that there be no parking on Sarazin Street. This PUD needed an amendment because now a resolution restricting parking on Sarazin Street is necessary and required by M/DOT State Aid Office, as Sarazin Street is a designated State Aid street. Mr. Loney noted the existing striping could be used now, the signs could be put up and covered, the street lighting would be left the way it was now until the new parking lots were done, because there was a shortage of parking space with the construction; when construction was done, the covers on the signs would be removed but the new stripping would be done in the spring of2005. This would allow the most flexibility. Mr. Loney noted the staff report was asking for a modification to the implementation of the striping plan. It was noted that the project would not be complete until spring 2005 when the striping was completed. Lehman/Helkamp offered Resolution No. 6127, A Resolution Restricting Parking On Sarazin Street, From St. Francis A venue To 17th A venue and moved its adoption and moved to authorize the striping plan as outlined in the October 5, 2004 memo from Bruce Loney (CC Document No. 363) for Sarazin Street, from St. Francis Avenue to 17th Avenue acknowledging the striping of Sarazin Street would be done in the spring of200S. Motion carried 4-0. Lehman/Helkamp offered Resolution No. 6124, A Resolution Declaring The Costs To Be Assessed And Ordering The Preparation Of Proposed Assessments For The 2003 Street Reconstruction Project No. 2003-3, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6125, A Resolution Declaring The CostsTo Be Assessed And Ordering The Preparation Of Proposed Assessments For Valley View Road, From The East Plat Line Of Pheasant Run 6th Addition To The East Plat Line of Greenfield Project No. 2003-4, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6126, A Resolution Declaring The Costs To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From County Road IS To Orchard Park West Project No. 2002-4, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported on his request to establish a new position for an IT/GIS specialist position and to fill the Planner I position. Mr. Leek noted that the GIS position for the City had become much more than just for his staff, it was used throughout the City. Mr. Leek noted there was an over abundance ofIT work that needed to be done so this GIS position could pick up some work from the IT department also. He suggested that the Planner I position be a position that focused primarily on code enforcement issues and planning issues to name some responsibilities. He Official Proceedings of the October S, 2004 Shakopee City Council Page -15- noted right now the IT/GIS Specialist position was not reflected in the 2005 budget but it could be made to work with some tradeoffs. He noted the personnel in the current Planner I/GIS position spent about 70% to 80% of their time on GIS related issues. Mr. Leek stated that if Council would not allow the creation of this new position for an IT/GIS specialist, he would then request that the current planner IT/GIS position be filled as the current job description is written today. Sharing this position with Shakopee Public Utilities or cities was discussed. Mr. Leek noted he would follow-up on this suggestion and he would find how this item could be added to his budget. It was felt the budget should be discussed before it was decided to add another staff person. Helkamp/Lehman moved to consider hiring a planner I and creating a new position for an IT/GIS person at the October 26, 2004 meeting. Motion carried 4-0. Lehman/Helkamp offered Resolution No. 6119, A Resolution Appointing Judges Of Election And Establishing Compensation, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the application and grant on sale and Sunday on sale intoxicating liquor licenses to Chili's of Minnesota, Inc. 8098 Old Carriage Court, conditioned upon a Certificate of Occupancy issued by the Building Department. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the application and grant a tobacco license to Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6120, A Resolution Appointing Individuals To The Economic Development Advisory Committee And The Planning Commission/BOAA, and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Menden moved to schedule a budget workshop for Tuesday, October 26,2004 at 6:30 p.m. Motion carried 4-0. Cnd. Helkamp noted he attended a Board meeting for the Chamber of Commerce. He noted the Chamber had been very instrumental in getting the Kid's Voting program up and going in the City of Shakopee. Cnd. Lehman asked staff to have the Environmental Advisory Council (EAC) to take a look at the conservation easement language (specifically the language on maintaining it). Cnd. Lehman would also like to direct staff to look into amendments regarding penalties if the ordinance or code/s were violated (grading permits). There was consensus by the Council to do this. Official Proceedings of the October 5, 2004 Shakopee City Council Page -16- Lehman/Helkamp moved to adjourn the meeting to Tuesday, October 19, 2004 at 7:00 p.m. Motion carried 4-0. The meeting adjourned at11 :3S p.m. . aJAJ.o/ Judith s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,NUNNESOTA OCTOBER19,2004 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Menden, Helkamp, Joos and Lehman present. Also Present: Gregg Voxland, Acting City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community DevelopmentDirector; Bruce Loney, Public Works Director/City Engineer and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following item was deleted from the agenda. 1S.C.S. Encroachment Agreement with OPUS. The agenda was amended to reflect a new staff report reflecting an adjusted amount for 15.C.1. Declare Amount to be Assessed and Set Hearing for Delinquent Refuse Bills. Helkamp/Lehman moved to approve the Agenda as modified. Motion carried 5-0. Mayor Schmitt stated he attended the St. Francis and St. Gertrude's groundbrealdng ceremony. He noted these additions will be a fantastic addition to the community. He noted he attended the League of Minnesota Cities annual conference in Duluth and had some interesting information from that conference to share on some of the programs the City of Shako pee was working on. He noted there was a SCALE meeting where the SCALE Committee took a stab at their own legislative agenda. The following items were added to the Consent Agenda. 15.B.S Comments on Metropolitan Council Draft 2030 Transportation Policy Plan and IS.C.3 Purchase of Truck for Traffic Sign Operations. Lehman/Menden moved to approve the Consent Agenda as amended. Motion carried 5-0. Helkamp/Menden moved to approve the August 19 and August 24, 2004 meeting minutes. Motion carried 4-0 with Mayor Schmitt abstaining because he was absent for both meetings. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. Lehman/Menden moved to approve the meeting minutes for August 31 and September 7, 2004. (Motion carried under the Consent Agenda). Lehman/Mendenmoved to approve the bills in the amount of$1,467,50S.13 plus $187,627.91 for refunds, returns and pass through for a total of$1,655,133.04. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Official Proceedings of the October 19,2004 Shakopee City Council Page -2- Helkamp/Lehman opened the public hearing on the proposed assessments for Weinandt Acres 151 Addition Street Reconstruction, Proj ect 2004-1. Motion carried 5 -0. Mr. Loney, Public Works Director/City Engineer, reported on the proposed assessments to be adopted for Weinandt Acres pI Addition Street Reconstruction, Project 2004-1. Mr. Loney noted the Weinandt Acres 151 Addition Street Reconstruction, Project 2004-1 went very well and cro.ne in under budget. He noted the final project cost was $310,624 and 25% ofthis figure was assessed to the residents benefiting from the project. He noted the project was assessed on a unit basis. All lots received one unit classification except for the lot north of291h Avenue (tIus lot was given a two unit classification) because it could be divided into two parcels if need be. Mr. Loney stated the assessment rate was $4,S68 per unit. He noted the interest rate for tlus assessment was S% on the unpaid balance. Mr. Loney explained how the streets were reconstructed. Mr. Loney noted the road was now at least a 7-ton road. Mayor Schmitt asked for comments from the public. Harry Weinandt, 1259 Maxine Circle, approached the podium and thanked the Council and City staff for doing this project. He noted all of the residents were satisfied with the project. Julie Welch, 2700 Santee Trail, Prior Lake, property owner along 291h Avenue stated they too were happy with the project and the way issues had been resolved. She did request tIlat the survey pins along 291h A venue be replaced or reinstalled. Mr. Loney noted he would follow-up on that request. LehmanlHelkamp moved to close the public hearing. Motion carried 5-0. LehmanlHelkamp offered Resolution No. 6130, A Resolution Adopting Assessments For The Weinandt Acres 151 Addition Street Reconstruction, Project No. 2004-1, and moved its adoption. Motion carried 5-0. Helkamp/Menden opened the public hearing for the proposed assessments for the Prairie View Bituminous Overlay, ProjectNo. 2004-2. Motion carried 5-0. Mr. Loney reported on this pavement preservation project (street overlay program) for 2004. He noted the total cost of the project was $187,572. Mr. Loney noted that 25% of the total cost of the project was assessed and the balance went to the City as Tax Levy. Mr. Loneynoted this assessment was assessed on a unit basis. The assessment rate per unit was $462. Mr. Loney pointed out that this figure too was lower than the feasibility study. Mr. Loney noted some of the work that had been done in this area. Mr. Loney stated this assessment was for a one-year period only because the assessment per unit was so low. He noted the interest rate was 5% from the point the assessments were adopted until paid. Mr. Loney noted why a surmountable curb was put in rather than a barrier curb. .......--..-......-................. ...........-.....-.......... . ......... ........ .. ..-. .-.. . n _..._....._..... u.................... ...........-.... ......-..............-...,,-........................... ... ..... .. . .... .-......-...... .-..-.....- Official Proceedings of the October 19, 2004 Shakopee City Council Page -3- Mayor Schmitt asked for comments from the public. There were none. Lehman/Menden moved to close the public hearing. Motion carried 5-0. Helkamp/Menden offered Resolution No. 6131, A Resolution Adopting Assessments For Prairie View Additions Bituminous Overlay, Project No. 2004-2, and moved its adoption. Motion carried 5-0. Cncl. Lehman noted he attended a Park And Recreation Advisory Board meeting, he attended a staff discussion on the Shutrop property, and he did attended the Northridge Court Apartments open house. Cnc!. Helkamp noted he attended the groundbreaking for St. Francis and St. Gertrude's. He noted he attended the ground breaking for M&I Bank and that he also attended a SCALE meeting. He noted at that SCALE meeting, there had been an update on the joint training facility and the SCALE Steering Committee reviewed some standardized developer's agreement with. the concept in mind that Scott County would use standardized agreements for SCALE agreements. He also noted there were comments from Cites regarding the proactive legislative initiative. Cncl. Joos noted he attended the ShakopeePublic Utilities (SPUC) open house as well as a SPUC meeting. He noted at the SPUC meeting the second portion of the wellhead protection plan was presented. He noted he attended a negotiation meeting between the City and SPUC on some issues that needed to be addressed. He noted at the second SPUC meeting he attended, there was discussion on the power cost adjustment. He noted some issues had been identified that caused the problem with the power cost adjustment in the utility bills for the customers and some corrective action would be taken. Cncl. Menden noted he attended an Environmental Advisory Committee (EAC) meeting where the EA W' s for Countryside Development and the School District were reviewed. Cncl. Menden noted some of the comments in the EA W pertained to the impact developments had on water infiltration into the aquifers. He noted the School Board shared some information on the projected growth of the schools and these numbers were right on with the demographics shared two years ago. The School District noted that possibly sooner rather than later a new elementary school would be needed. Lehman/Menden offered Resolution No. 6133, A Resolution Of The City Of Shakopee, Minnesota Making Findings Relative To The Countryside EAW. (Motion carried tmder the Consent Agenda). Lehman/Menden offered Resolution No. 6134, A Resolution Of The City Of Shakopee Overturning The Decision Of The Board Of Adjustment And Appeals And Granting A Sign .................. ....... ...... ... ..... ..~... ....... ........... . . ... .... ..........~. ........ ...-. .... ..... ~.. .......... ... .-.................. ..... .........._.~......_. ........................-.-...... ..~.. ....... .... . .. . ...-.. ............... . ... Official Proceedings of the October 19,2004 Shakopee City Council Page -4- Variance To Ryan Companies For The Dean Lake Project, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Menden offered Resolution No. 6123, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of Riverside Fields Third Addition, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, reported on the appeal of the Board of Adjustment and Appeals denial of a sign variance for Rainbow Foods. Mr. Leek noted what the variance request was for. Mr. Leek pointed out that the vote of the Board of Adjustment and Appeals was 4-0 for denying the variance request for Rainbow Foods. Mr. Leek stated staff had received a letter from the residents in the area concerned with the lighting from the store. He noted this lighting had been an issue when Kmart operated the store and extensive testing had been done on the site. He noted the lighting at that time had been directed downward to reflect the neighbors concern. He noted he would follow-up on this lighting concern. Mr. Leek noted he had some information regarding other sign variance requests. He noted four other sites had previously been granted sign variances. These are: Kmart when located at this site, CUB Foods, Target and Kohls. These were variances that were not approved as part of a Planned Unit Development (PUD). Mr. Leek noted Rainbow Foods was asking for a sign for 230 square feet for the front of their portion ofthe old Kmart building on Vierling Drive East, City Code allowed 200 square feet for the front of the building. Cncl. Joos noted it was the large box retailer that was normally always asking for a sign variance. It was his opinion that maybe something needed to be done to the sign ordinance for a large box retail store. He noted the Board of Adjustment and Appeals always denied the sign variance request but the City Council normally oven-uled the Board on the variance when it was appealed. Cncl. Lehman did not think 200 square feet was the magic number. Cnc1. Menden agreed with Cncl. 100s. Cnc1. Helkamp stated because the big box retail was so large the signage needed to be just a little larger dependent on the scale of the building. Cncl. Helkamp preferred to look at the big box signs on a per case basis. Cnc1. Lehman agreed with Cncl. Helkamp. Cncl. Joos stated the Council had better things to with their time than look at a sign variance for a big box business. Mayor Schmitt noted he surveyed five suburbs regarding their sign ordinances and the City of Shakopee was not out of line with the 200 square feet maximum amount in their sign ordinance. Cnd. Lehman was in favor of the signage in this are to be fair and equal. Helkamp/Menden moved to uphold the appeal of the applicant and grant the variance requested by Rainbow Foods for 230 square feet on the front of the building (this included the bank and pharmacy sign) and he moved to direct staff to prepare a resolution for Council's consent agenda for the November 3rd City Council meeting. Official Proceedings of the October 19, 2004 Shakopee City Council Page -5- The amount of signage that Rainbow Foods was going to have on site was discussed at length as well as other signage on the front of buildings in the City. Motion carried 4-1 with Mayor Schmitt dissenting. Cncl. Joos really wanted staff do something with the sign ordinance. CncL Lehman stated he would like to see staff look at incorporating some language into the sign ordinance that noted a sign could be proportionate to the size of the building as another way what size sign could be allowed and/or whatever the average size sign on a big box business was now in the City of Shakopee. LehmanlMenden moved to authorize the appropriate City officials to submit comments on the 2030 Transportation Policy Plan contained in the draft letter dated October 20, 2004 to Peter Bell, Chairman of the Metropolitan Council. (CC Document No. 364) (Motion carried under the Consent Agenda). Lehman/Menden moved to approve the "Agreement for Operation and Management of the Shakopee Area Transit Bus Service". (Motion carried under the Consent Agenda). Lehman/Menden offered revised Resolution No. 6129, A Resolution Declaring The Amount To Be Assessed, Ordering the Preparation of Proposed Assessments and Setting The Public Hearing Date For Delinquent Refuse Bills, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Menden moved to direct a $45.00 assessment penalty be added to assessment amounts for delinquent refuse bills for City administrative costs. (Motion carried under the Consent Agenda). LehmanlMenden offered Resolution No. 6132, A Resolution Adopting Assessments For The Dean Lakes hnprovements Project No. 2004-4, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Menden moved to authorize staff to use the State bid pricing to purchase one New Cab & Chassis from Elk River Ford for the price of$28,158.60 and a Fiberglass Utility Body with Equipment from ABM Equipment & Supply, Inc. for the price of$37,6l4.74 with the funds to be expended from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda). Mr. Loney reported on the 2004 traffic studies for various intersections: 1) The intersection of Fuller Street and Vierling Drive; 2) Mathias Street and Cardinal Drive and 3) Thrush Street and Cardinal Drive. Mr. Loney reviewed the intersections that had been studied. Official Proceedings of the October 19, 2004 Shakopee City Council Page -6- Mr. Loney noted the study on Vierling Drive and Fuller Street. He noted both streets were collector streets. He stated Fuller Street was turned back to the City from Scott County and Vierling Drive was recently completed. He noted speed was also studied on Vierling Drive and Fuller Street as well as the traffic volume. He noted there was a sight distance problem on the southwest quadrant of this intersection. This intersection was analyzed per the City's adopted signage policy adopted in 1998. Mr. Loney noted the findings of these studies. Mr. Loney noted the speed on Fuller Street was found to be quite excessive. This speed was an area of concern in the study. Mr. Loney noted the City used the collector street standard when they analyzed this intersection for an all way stop (the collector standard was a higher standard than standards used for local City streets) at this intersection. Mr. Loney explained the standards used for a collector street. Mr. Loney noted warrants were met for the Vierling Drive/Fuller Street intersection. Mr. Loney stated that Vierling Drive was really the more major route rather than Fuller Street. Mr. Loney stated it was recommended that an all way stop be installed at the intersection of Fuller Street and Vierling Drive. Cncl. Lehman would like stripped crosswalks on Vierling Drive and Fuller Street. Mr. Loney noted this could be done on all four legs at this intersection. Mr. Loney noted the study on Thrush Street and Cardinal Drive. He noted Thrush Street tied into Independence Drive. Mr. Loney noted this intersection did not meet the criteria for a four way stop or a two way stop. He noted the traffic volume at this intersection was equal. Staff was recommending that nothing be done at this point in time but this intersection should be monitored regularly as development increased (particularly to the east). Mr. Loney noted the study on Mathias Street and Cardinal Drive. Mr. Loney noted this intersection was in a localized area and had very low traffic volumes. Mr. Loney noted this was a T intersection with good sightlines. Mr. Loney stated staffwas not recommending any further traffic control in this area. Helkamp/Joos moved to accept the report for the traffic studies in 2004, and accept the recommendations for an all way stop at the intersection of Fuller Street and Vierling Drive and that no further traffic control on Thrush Street and Cardinal Drive and Mathias Street and Cardinal Drive. Motion carried s-o. Lehman/Menden moved to authorize the appropriate City officials to enter into a cooperative agreement for pistol permitting between the County of Scott and the City of Shakopee. (Motion carried under the Consent Agenda). Lehman/Menden moved to declare the 1992 Toyota Corolla, VIN: 2TIAE94AONC194068, 1994 Chrysler Town and County Van, VIN: lC4GH54L7RX166383, and the 2001 Saturn SL, VIN: IG8ZF52801Z224186 as surplus property. (Motion carried under the Consent Agenda). . Official Proceedings of the October 19,2004 Shakopee City CoUncil Page -7- LehmanlMenden moved to acknowledge the satisfactory completion of probation and authorize the retention ofNichole Marquardt as Police Officer effective October 20, 2004. (Motion carried under the Consent Agenda). Lelunan/Menden moved to acknowledge the satisfactory completion of probation and authorize the retention of John Buetow as Police Officer effective October 7,2004. (Motion carried under the Consent Agenda). LehmanIMenden moved to authorize the hiring of probationary police officer Vincent Stahl at Step 1 of the current labor contract, a monthly rate of $3,460, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda). Lehman/Menden moved to approve the applications and grant an off sale liquor license and a tobacco license to Roseen & Roseen, Inc. 471 South Marschall Road, conditioned upon the surrender of the existing liquor and tobacco licenses. (Motion carried under the Consent Agenda). LehmaJ.1/Menden offered ResolutionNo. 6128, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Dean Lakes Second Addition, and moved its adoption. (Motion carried under the Consent Agenda). Bruce Kimmel, Springsted, Inc., reported on the results ofthe bond sales for $2,570,000 Improvement Bonds, Series 2004C and $6,000,000 Capital Improvements Bonds, Series 2004D. Mr. Kimmel noted the $2,S70,000 Improvements Bonds, Series C was to finance the Weinandt Acres, 2004 Overlay and the Fourth Avenue Reconstruction projects and the $6,000,000 Capital Improvement Bonds, Series 2004D bonds were to help finance the Public Works Building. Mr. Kimmel pointed out two very competitive bids were received on both bond issues. Mr. Kimmel stated Piper, Jaffrey & Co. submitted the low bid with a true interest rate of 3.31 % for $2,570,000 Improvement Bonds, Series2004C. He reported UBS Financial Services, Inc. submitted the low bid with a true interest rate of 4.11% for the $6,000,000 Capital Improvement Bonds, Series 2004D. Mr. Kimmel noted that he thought there were only two bond syndicates that bid on both bond issues because of the bonds being non bank qualified because of four large bond issues this year totaling over $10,000,000. Mr. Kimmel noted the upgrade in the credit rating to aa3 that the City received earlier this year was significant. He noted this put the City in the upper echelon in the State of Minnesota and the nation. He noted there were no negative signs to date with any part of the City's credit rating. Helkamp/Menden offered Resolution No. 6135, A Resolution Awarding The Sale Of$2,570,000 General Obligation Improvement Bonds, Series 2004C Fixing Their Form And Specifications; .'''.' Official Proceedings of the October 19, 2004 Shakopee City Council Page -8- Directing Their Execution And Delivery; And Providing For Their Payment, and moved its adoption. Motion carried s-o. Lehman/Helkamp offered Resolution No. 6136, A Resolution Awarding The Sale Of $6,000,000 General Obligation Capital Improvement Plan Bond, Series 2004D Fixing Its Form And Specifications; Directing Its Execution And Delivery; And Providing For Its Payment, and moved its adoption. Motion carried 5-0. . Mr. Kimmel presented a plaque to Mr. V oxland, Finance Director, commemorating the City's credit rating upgrade that the City received in the summer of 2004. Mayor Schmitt noted that Springsted, Inc. was using two ofthe City's Buildings, where bonds were involved, in their advertising promotional materials. LehmanlMendenmoved to. authorize Vision Shakopee to sponsor events as part of the holiday festival in Downtown Shakopee as outlined in the memo from Mark McNeill, City Administrator, dated October 12,2004 (CC Document No. 365). (Motion carried under the Consent Agenda). LehmanlMenden moved to accept the proposal of Bradley & Guzzetta, to have consulting services provided by Tracy Schaefer for assistance in digital imaging and for the refuse/recycling contract award or renewal, at a cost not to exceed $8,350. (Motion carried under the Consent Agenda). Lehman/Menden moved to direct staff to send a memorandum to Shakopee Public Utilities, requesting cost participation in the relocation of utility lines adjacent to the fonner headquarters . building at 1030 East 4th Avenue. (Motion carried under the Consent Agenda). Mr. Michael Roseen thanked the Council for approving his liquor license. Helkamp/Joos moved to adjourn the meeting to Tuesday, October 26,2004 at 6:30 p.m. Motion carried 5-0. The meeting adjourned at 8:39 p.m. ~J.~ ~udith s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL . ADJ. REGULAR SESSION SHJU(OPEE,MINNESOTA OCTOBER 26, 2004 Mayor Schmitt called the meeting to order at 6:34 p.m. with Council members Lehman, Menden, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Mark Themig, Park, Recreation and Facilities Director; Dan Hughes, Police Chief and Terry Stang, Fire Chief. Helkamp/Joos moved to approve the Consent Agenda. Motion carried 5-0. Helkamp/Joos offered Resolution No. 6137, A Resolution Of The City Of Shakopee Overturning The Decision Of The Board Of Adjustment And Appeals And Granting A Sign Variance To Allow 230 Square Feet Of Wall Signage On The West Elevation For Rainbow Foods For Property Located At 1698 Vierling Drive East, and moved its. adoption. (Motion carried under the Consent Agenda). Helkamp/Joos moved to authorize the appropriate City Officials to execute this Consent and Agreement for OIRE Minnesota LLC to encroach on a City drainage and utility ~asementfor their parking and driveway improvements associated with property in the Valley Park 13th Addition. (Motion carried under the Consent Agenda). Mr. McNeill, City Administrator, updated the City and the City Council on the goals and objectives of the City for 2004/05. He noted Council established eleven goals in 2004 and these goals were really the driving factor for the budget for 2005. . Mr. McNeill noted the first goal dealt with managing the limit ofthe City's growth., Henoted the third goal affected the first goal and that third goal was providing.qualityservicesfor the City's residents with the available resources. Mr. McNeill noted with the City growing at the level it was now, the City just could not provide quality services with the staff level that they had now. Mayor Schmitt noted productivity was a concern with City departments and there really needed to be some productivity improvements to help staff out i.e. computer software enhancements. Goal number two was to ensure the City's financial stability and this goal too was intermixed with goal one and goal three. Mr. McNeill noted the budget adopted by the Council in September for 2005 had approximately the same tax rate (slightly down) from the 2004 tax rate. . Mr. McNeill suggested that a budget item for conducting a satisfaction survey regarding City services be added to the budget so the City had some idea how the residents prioritized their services. Goal number four was to acquire some parkland for the City. This parkland acquisition would expend a significant amount of money so it was decided to have a separate meeting devoted to this one goal. Mr. McNeill noted goal five was to improve communication with the public. He noted this communication could be through i.e. the City's web page, national night Official Proceedings of the October 26, 2004 Shakopee City Council Page -2- out and neighborhood watch programs. He noted the web page was not where it needed to be. Goal number six dealt with transportation issues in the City. Goal number seven was to maintain the City's identity with goal number eight being to develop a community strategy for the next 20-25 years down the road. A Steering Committee was being looked at to help along with the help of Ms. Carroll for goal number eight. Goal number nine was to improve infrastructure maintenance. Mr. Loney and Mr. Themig were working on a process to improve this maintenance. Mr. McNeill noted what was being worked on to improve the maintenance. He noted goal number ten was to improve communication and collaboration with other public sector jurisdictions. Mr. McNeill noted the eleventh and last goal was to ensure a safe and secure . community . Mr. Voxland, Finance Director, discussed and asked for direction on the City's reliance of development fees. Mr. Voxland noted.the past history of the City's reliance on development fees. He noted right now the City's reliance of development fees with the way the budget was drafted would be 14%. Mr. Voxland noted he surveyed other Cities and their average reliance on development fees was 8% with.therange from 5% to 15%. Mr.Voxland noted to increase the reliance ondevelopmentfees in the 2005 budget by one percent would give the. City about $170,000 more in revenue. .. Cnc1. Lehman noted he would like to see a consistent 2% drop per year rather than the large percentage drops. It was noted the development fees coming into the City was above what had been budgeted for in 2004. Cnc1. Joos noted this portion of the budget was dependent on the market. The City needed to look ahead for. more than one year. Mr. Voxland pointed out that the City expected to collect more in development fees than what they had budgeted. He noted housing could slow down and the number in the budget would not be impacted. Cnc1. Menden would also like to see theCity',s reli~ceondevelopment fees decreased by 2% each year. Mayor Schmitt noted many oftb.e)hings Jhe City was doing was because of the growth (purchasing additional equipment) but that money. was not being taken out of current operations. Because of the new growth many new. purchases needed to be made but the purchases were not being funded with new development money; other funds were being significantly reduced because of new adds. Mr. V oxland addressed increasing the cost inflator figure for fire trucks. Mr. V oxland noted it looked like the cost inflator figure for fire trucks should be 10%. If this figure were used for the 2005 budget this would increase the fire department's rental cost another $142,000. Mr. Voxland noted a fee for fleet expansion had also been discussed. He stated if this fleet expansion fee was imposed as discussed this fee would create another $227,000 for 2005. The way deprecation was charged to equipment had been previously discussed. Cnd. Joos noted this fleet expansion fee was really the only way to go if the City wanted to be in a good financial position to add new equipment. True, the residents were taxed for this money but when the money was needed the money was there for new equipment eliminating the wide swings in money that the Official Proceedings of the October 26, 2004 Shakopee City Council Page -3- City needed in some years because of large equipment purchases mainly for new growth. Cncl. . Lehman expressed his concerns with this fleet expansion fee. Cncl. Helkamp felt the City was in a somewhat comfortable range with their reliance on development fees now; he thought a decrease of two percent per year for four years to get to 8% was very reasonable. Cnc1. Helkamp stated he would like to see the City go up to 16% on their reliance for development fees for 200S. Cncl. Menden too was comfortable with where the City was now with their reliance on development fees. There was consensus from the Council to have the City's reliance on development fees be 8% with a drop of2% each year until the reliance figure gets to be eight percent using 16% as the figure for the reliance on development fees for 2005. Mayor Schmitt and Cnc1. Joos were not comfortable with this consensus but the majority was. Mr.Voxlandnoted the City was planning on under-spending the budget by 2% (General Fund [$260,000]): Mr. V oxland noted a new figure of somewhere between 35% and 50% was an acceptable fund balance level. Mr. V oxland reported on how City divisions under-spent the 'budget. Mr. Voxland-notedatleasi 15% was needed for cash flow and anything over 15% -:was a cushion against the City losing money elsewhere (state aids). Mr. Voxland recommended not going below 25%. Cncl. Lehman stated he would like to see the under-spent factor increased from two percent to three percent and he would like to see a fund balance level of35% to 40%. . Cncl. Helkamp noted he was okay with the three percent for the budget under-spent factor but he would like to see the fund balance at 40% or better. Cncl. Joos stated he would like to see a 3S%,_ . to 40% fund balance and a 3% under-spent. Cnc1. Menden noted he was okay with the three percent for budget under-spending .and he too would like to stay above 40% for the fund balance. Mayor Schmitt stated he would like to see 40% plus for the fund balance. COl.IDcil consensus at 40~45%fundbalance level.. Mr; Voxland noted one-time purchases for the City was also a way to use fund balanceJor a portion of the general fund budget. 'These would be one-time purchases that usually were cut -, , ~ from the budget when cutting time came to balance the budget (streetscape items, monument .,~~ _. "n"_"'_ . ..., signs). Cncl. Helkamp stated he would like to see a five percent reduction in the tax levy instead. Mr. McNeill addressed a new IT/GIS personnel position and the Planner I position. Mr. Leek noted where funds could be taken from the Community Development budget to fund the lion's share of the IT/GIS position. Mr. Leek noted this position to a great extent would support the expansion and maintenance of the new website. The Council questioned if some of the money . (proposed to be found for this position) in the Community Development budget should be used for this position. Itwas noted the Telecommunications Commission would be asked if they wished to participate in funding a portion of this IT/GIS position. . Official Proceedings of the October 26, 2004 Shakopee City Council Page -4- Cncl. Helkamp addressed the Planner I position. He noted this position would only be for a Planner I. Mr. McNeill addressed the vacancy of the position of the Assistant to the City Administrator. He noted the previous assistant to the City Administrator handled many projects including negotiating the franchise renewal for the solid waste and recycling. Mr. McNeill noted City Council had already approved Ms. Schaefer to consult on the franchise renewal for solid waste and recycling. Mr. McNeill stated there was consensus between department heads that more complete human resources services was needed. Mr. McNeill noted some things were not being done (training) that should be done. The Assistant to the City Administrator in other communities was also responsible for some of the human resources work. Mr. McNeill suggested talking with the City of Savage about job-sharing one of their full-time Human . Resources Department head positions and not fill the Assistant to the City Administrator's position. Mr. McNeill thought this job-share could\vork. Mr. McNeill noted he received a proposal from Ms. Schaefer, previous Assistant to the City Administrator, for cable system and technology,administrationservicesthatlT did not handle; . This was a possibility for funding from the Telecommunications Commission budget. encl. Lehman and the rest of the Council noted they would like the know what the Telecommunications Commission feelings were on sharing the funding of some of the telecommunications aspect of some of the jobs being proposed. ,. Cncl. Helkamp stated he would like to see the IT/GIS filled with the ITportion being significant enough to cover the skills lost when Ms. Schaefer left and to fund a portion of this position out of the Telecommunications budget. He was not acceptable to Ms..Schaefer':sproposal, now on the table, he preferred the City had an IT person of their own with skills to help with the website and other technology. He thought the shared position for thehul11an resources. person was an excellent idea. encl. Joos was concerned about not filling the position ofthe Assistant to the City Administrator. He was concerned with Mr. McNeill taking onto much work again. Cncl. . Joos did state he was in favor of the human resources shared position; he was in favor of the IT/GIS specialist and a Planner I position. Cncl. Mendennoted he was in favor of the IT/GIS position; he too, like Cnc1. Helkamp, would like to see the City move forward with their own personnel. He also favored moving forward with a Planner I position and he liked the idea of sharing a human resources person with the City of Savage. Mayor Schmitt was also concerned about losing the Assistant to the City Administrator. He noted most every employee was now working up to their maximum and there was little left to give Mr. McNeill in the way of help as the City staff was now positioned. There was consensus from the Council to hire a Planner I, an IT/GIS person that could handle telecommunications issues and handle the website, and there was consensus City staff should continue to look at sharing a human resources person with the City of Savage. Official Proceedings of the October 26, 2004 Shakopee City Council Page ~5- Mr. Voxland addressed the tax rate for the residents of the City of Shako pee. He noted one of Council's goals was to maintain a stable tax rate. Mr. Voxland noted Cnc1. Helkamp, Cnc1. Lehman and Cuc1. Menden would like staff to bring back information to them of how the two reductions would affect the tax impact on properties from IS% to 10% and from 13% to 10%. Cnc1. Lehman noted he was in favor of no tax increase even if there was a market value increase. Cnc1. Lehman noted his concerns. He noted he would support seeing some more information. Cnc1. Helkamp stated he thought the tax rate number needed some flexibility. Mr. Voxland noted the City of Shakopee has the second lowest proposed tax rate in the county. Cnc1. Menden stated he would like to see a pretty steady number somewhere between the range of 30% and 3S%. Mr. V oxland addressed the service levels of City operations. Cnc1. Helkamp stated he thought there was enough prior direction to meet with department heads and let staff determine recommendations and cuts. Cnc1. Lehman was concerned about the standards being the same for the School District and the City as far as maintenance to fields was concerned. Cnc1. Lehman would like to see the City's standards be the same as the School Districts (lower). He felt public safety should receive more attention than grooming athletic fields. He would like to see a discussion on prioritizing City services. Cnc1. Menden stated tax dollars were being paid to maintain athletic fields. This too was a health and safety issue. Cnc1. Menden shared some information from the School District regarding growth in the early school grades. Helkamp/Lehman moved to adjourn the meeting to Wednesday, November 3,2004. The meeting adjourned at 8:27 p.m. Motion carried s-o. ~~~. Gy: City Clerk Carole Hedlund Recording Secretary