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HomeMy WebLinkAbout7. Approval of Minutes: May 18, 2004 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,NUNNESOTA MAY 18, 2004 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Lehman, Menden, J oos and Helkamp present. Also present: GreggV oxland, Acting City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, CityAttomey; Mark Themig, Park, Recreation and Facilities Director; Dan Hughes, Police Chief and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. Helkamp/Menden moved to approve the Agenda as amended. A communication concerning ISD #720 was on the table and added to the Agenda as item lOB. Motion carried unanimously. Mayor Schmitt noted that he attended the Teen Center grand opening at the Community Center; this event appeared to be quite well attended. He stated that he attended the VFW awards program and on May 17,2004 he attended the Scott County HRA meeting. He noted he also visited with a potential ValleyPark occupant. The following items were removed from the Consent Agenda. Item no. 8. Approval of the Bills in the Amount of$1,148,679.16 plus $120,428,91 for refunds, returns and pass through for a total of$I,269,108.07 and Item no.14.C, Text Amendment tothe City Code Regarding the Planned Residential District (PRD). The following item was added to the Consent Agenda. 15.D.2. Expansion of Transit Service. Lehman/Helkamp moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Lehman/Helkamp moved to approve the meeting minutes for April 20, 2004 and April 26, 2004. (Motion carried under the Consent Agenda). Cncl. Lehman was concerned about the Ziegler bill. He thought the City needed to take a look and see why so many Ziegler bills were being authorized when they were over the threshold amount where Council approval was needed. He wanted to know if due process was not being followed or ifthe dollar amount was still to low; even though the Council had just raised the dollar amount before Council authorization was required. Lelunan/Helkamp moved to pay the Bills in the Amount of $1,148,679.16 plus $120,428.91 for refunds, returns and pass through for a total of$I,269,108.07 and to direct staffto take a look and see why the City was getting ~9 many bills over the threshold that Council did not approve. Official Proceedings of the May 18, 2004 Shakopee City Council Page -2- Mayor Sclunitt offered to sit down with Gregg V oxlandand the two of them would try to make the bill list more understanding to everyone. Some of the bills were under contract and these bills and contract amount could possibly be identified differently. Motion carried unanimously. LelunanlHelkamp moved to open the public hearing onthe proposed vacation of easements located north of 4th Avenue, east of Shenandoah Drive and south of Highway 101 (within Outlot A, Sherer South Addition). Motion carried unanimously. Helkamp/Menden moved to close the public hearing on the proposed vacation of easements located north of 4th Avenue, east of Shenandoah Drive and south of Highway 101 (within Outlot A, Sherer South Addition). Motion carried unanimously. LehmanlMenden moved to receive the letter from Dorn Properties dated April 20, 2004, withdrawing their request for a vacation of easement on Outlot A, Sherer South Addition. Motion carried unanimously. Mayor Schmitt opened the public hearing on the petition of ISD #720 for the annexation of 96 acres located south of 17th A venue extended between County Road 77 and County Road 79. Mr. Leek noted that the land ISD #720 was petitioning to have annexed was currently in Jackson Township. Mr. Leek oriented the site via the document camera. He noted the area to the north and to the west of this property (162 acres) was owned by Tollefson Development and this land owned by Tollefson Development would be onthe agenda later this evening. He noted the Tollefson Development acreage west ofthe school district property had already been annexed and to the east of the School District property was County Road 79 and adjacent to County Road 79 were some proj ects already being developed within the City of Shakopee. Mr, Leek noted the Jackson Town Board held a meeting that was open to the public and this request to have this property annexed into the City of Shakopee was heard. Mr. Leek stated even though the Jackson Town Board had not submitted a written statement regarding the request for annexation, his understanding from reports regarding that meeting, was that the Jackson Town Board was in favor ofthe annexation moving forward. Mr. Leek noted that an ordinance had been prepared in favor of this annexation and should the annexation be approved this ordinance would then be forwarded onto the State Office of Boundary Adjustment for that Board to review and act on the annexation, Mr. Leek gave a little background on the School District property. He noted the reason the annexation was proposed at this time was to keep the schedule moving along for that school proj ect. Official Proceedings of the May 18, 2004 Shakopee City Council Page -3- Cnc1. Lelunan asked about bringing services to the'property that was annexed into the City of Shakopee and approved by the Office ofthe Boundary Adjustment now. Mr. Leek noted the utilities were up to county road 79; so they were near. Mr. Leek noted the extension of 1 th A venue and bringing in the utilities was a subject of a second agreement between Tollefson Development and the School District. It was noted that Tollefson Development rather than the School District was going to pay for this road and the utilities. Mr. Leek noted there had been discussions with the County on some cost participation. It was noted that Tollefson Development would pay forthe road construction and the City would pay for some portion of the oversizing and signals' and the County would share some costs because ultimately 1 th Avenue was going to be turned over to the County. It was recommended that the 17th A venue corridor be studied now so things would be in order when school.opened on this new property. Mayor Schmitt noted that he would at least like to see the signalization of 17th A venue and County Road 79 in the County's CIP. Mayor Schmitt would also like to see the signalization of County Road 77 and 1 th A venue in the City's CIP for 2006- 2007. Who was responsible for the cost of signalization at the two intersections was discussed. School Superintendent, Jon McBroom noted that this annexation into the City needed to take place now before the next step could be taken by the School District. Mr. McBroom noted that he had great support and help from the City and Jackson Township. He stated the opening of the new school was hoped to be in the fall of2007. He stated that the School District needed to have their design and preparatory work completed so the School District could go out for bids this fall and begin construction early Spring of2005 so the opening of the school in the fall of2007 could remain a possibility. LehmanlMenden moved to open the public hearing. Motion carried unanimously. Mayor Schmitt asked for further questions from the audience. Gary Wollschlager, Tollefson Development, approached the podium and added a few things. He thanked Superintendent McBroom and the School Board for all their hard work moving the project forward to the point it was at now and for the land swap between Tollefson Development and the School District; thus making the site usable for the schooL He also addressed the amount of MUS A that may be needed for the school property. Mr. Leek noted thathe would follow up via a letter to the Metropolitan Council with this comment from Mr. Wollschlager regarding the amount of MUS A that would be required for the School District. Lehman/Menden moved to close the public hearing. Motion carried unanimously. Official Proceedings of the May 18, 2004 Shakopee City Council Page -4- Helkamp/Lehman offered Ordinance No. 706, Fourth Series, An Ordinance Relating To The Annexation Of Certain Property, and moved its adoption. Motion carried unanimously. (The property is located south of 17th Avenue extended between CR-77 and CR-79.) Mr. Leek noted that Cathy Stafford called and asked that the memo regarding the berming at the Shenandoah Apartment site be corrected. She wanted it noted that it was Cliff Stafford and John Dellwo who attended the May 4th Council meeting and commented about the berm at the Shenandoah Apartments. She wanted her name deleted from the memo. The staff memo stated that the berming at Shenandoah will be on the June 1,2004 agenda. Mayor Schmitt noted the communication from Jon McBroom, Shakopee School Superintendent. This communication noted there was a meeting May 25,2004 at 7:00 p.m. in the District Board Room that Mr. McBroom invited the City and County planners to along with the City Council and the Planning Commission to discuss common issues regarding the School District purchasing additional school sites. Cncl. Helkamp noted he attended the Teen Center Grand Opening and it was quite well attended. Cncl. Lehman noted he spoke with Anne Carroll, from Carroll, Franck & Associates, regarding the strategic planning process. Cncl. Lehman noted that he had a ride-around scheduled with Ms. Carroll in which they would be discussing the City's strategic planning. Cncl. Menden stated that he had a ride-around scheduled with Ms. Carroll, as well. He noted he attended the Board of Review meeting May 11, 2004, where three residents of the City of Shakopee were present to discuss their property's valuation or classification. Cncl. Joos noted he attended a meeting with Scott County HRA, Shakopee Public Utilities (SPUC), Mr. McNeill, City Administrator and Michael Leek, Community Development Director, where the water cost for the Northridge Development was discussed. Council Joos stated everyone needed to look and see if a solution to all of these costs for the water looping could be found. Mayor Sclunitt noted there would be an item on the City Council's June 1 st meeting agenda regarding this item. Cncl. J oos noted he attended the Board of Review meeting May 11, 2004 also. He noted he attended another SPUC meeting and also the Grand Opening ofthe Teen Center. Cncl. J oos noted that SPUC voted not to underground the overhead power lines at the railroad tracks, rather those power lines would remain overhead at the railroad crossings because of the additional costs for undergrounding that would be incurred for that area. Cncl. Joos stated _ that SPUC bought the large bulk of their power from the MMP A. Mr. Leek reported on the Comprehensive Plan Amendment and rezoning from Agricultural (AG) to Planned Residential District (PRD) and Urban Residential (RIB) requested by Tollefson Development for property located south of Highway 169 and west of County Road 79 (Countryside), Mr. Leek noted in the original request Tollefson Development had asked for a Official Proceedings of the May 18,2004 Shakopee City Council Page...:..5- re-guiding to medium density. Mr. Leek noted Tollefson Development was making an amendment to their request and now Tollefson Development was asking that the entire area be re-guided to single family- density on the land use plan map. Mr. Leek noted the request to extend MUSA to the 162-acre site was still being requested. Mr. Leek noted the rezoning request was changed now to request the entire site be zoned to Urban Residential (RIB) rather some of the site being rezoned Planned Residential District (PRD). Mr. Leek noted with the Urban Residential zoning, Tollefson Development intended to make application fora Planned Unit Development (PUD) Overlay. Mr. Leek noted in terms of land use the application was asking that MUSA be extended to the 162 acres and in the case ofthe zoning Tollefson Development was asking that the entire subject property be zoned Urban Residential (RIB). Mr. Leek noted the extension to the review period from the applicant was until May 21,2004, Mr. Leek noted he talked to the City Attorney regarding the review period deadline. Mr. Leek stated that he did prepare both a resolution for the MUSA extension and an Ordinance for the Land Use. Mr. Leek noted that a single-family density development with a PUD overlay would allow the applicant to buffer along the highway with townhomes which had a higher density. Mr. Leek did state that just where the towl1homes were located would be the higher density. Cncl. Lehman stated he would like to see the size of this development staged. It was because of the amount of MUSA that would need to be extended all at once that Cncl. Lehman would like to see this development staged. Mr. Leek did note that if the demand was there for MUSA and the MUSA was gone before the 10 years was up (the City received a 10-year allocation of floating MUSA from the Metropolitan Council) then the City could go back to the Metropolitan Council and ask for more MUSA. Cncl. Joos noted the City of Blaine just received an additional amount of MUSA from the Metropolitan Council. Mr. Leek noted that he thought the 10-year MUSA allocation that the City of Shakopee received from the Metropolitan Council was really an allocation of MUS A for five or six years with all the growth the City was experiencing. Cncl. Lehman noted that services to the School District property were dependent, at least in part, on development of about half of this property. It was 1 ih A venue that was the big problem. The City needed to work something out with the developer regarding this road. Mr. Leek noted once the re-zoning and the extension of MUS A was acted upon by the Council there would still need to be an Environmental Assessment Worksheet (EA W) that would need to be acted upon by the developer. Gary Wollschlager, Tollefson Development, stated that it was Tollefson's intention to develop 1 ih A venue from County Road 79 to. Marystown Road all at once, He noted he had a contract on ten (10) acres from Mr. Powers. This additional 10 acres would be needed to complete I ih Avenue up to Marystown Road. Mr. Wollschlager stated that Tollefson Development would be asking the City to annex this piece of property soon so 1 ih Avenue could be completed. He noted Tollefson Developrpent was aSk:ing for about one-half of what they were asking for Official Proceedings of the May 18, 2004 Shakopee City Council Page -6- originally for their development and the majority ofthe lots now would be single-family lots. Mr. Wollschlager asked that the Engineering staffbe directed to work with the developer, School District andthe County to get the plan going so 1 ih A venue could be designed. Mr. Wollschlager noted that he really did not like the staging idea of the development. Joos/Lelunan moved to direct staffto prepare a resolution approving the allocation of MUS A to 162 acres and an ordinance approving the rezoning of the property located south of Highway 169 and west ofCR-79 (Countryside) to Urban Residential (R-IB), both to be acted on as a part of the Consent Agenda on Tuesday, June 1, 2004. Mayor Sclunitt noted that if the project was phased and not done all together then 17th Avenue was at risk of not getting completed all the way to Marystown Road. The non-completion of roads lead to problems of transportation in the City stated Mayor Sclunitt. Cncl. Menden agreed with Mayor Schmitt about the phasing of the development and the roads. Cncl. Menden stated that he would like to see the development phased however, because he felt the City received a better product in phased developments. Cnc1. Menden did compliment Tollefson Development for working with the School District to get 1 ih Avenue constructed in a timely fashion. Cncl. Helkamp was concerned that the Planning Commission was not able to give input on the project. Cnc1. Joos noted he agreed with Mayor Schmitt; it was the roadways that gave the City problems if developments did not go through all at one time. Maybe the City needed to find some way to fund the roads themselves and then the City would not be dependent upon development coming to an area, The Council did realize that 17th A venue was needed all the way to Marystown Road. Jim Thomson, City Attorney stated that final action on the MUSA application would not take place until June 1,2004, therefore, the developer would need to sign an extension for the review date. Mr. Leek stated he just spoke with the developer and the developer had agreed to give an extension to June 1,2004. Motion carried unanimously. Mr. Leek reported on the Preliminary Plat, Pinal Plat and Conditional Use Permit for the Dorn Addition located north of 4th Avenue, east of Shenandoah Drive and south of Highway 101. Mr. Leek noted this request was in this form before the Council because the property was currently an Outlot. This Outlot needed to be replatted before it could be developed. Mr. Leek noted there were two items in this proposal that required a conditional use permit. They were: 1) multiple structures on a single lot and 2) exterior storage. The proposed uses at the site were the applicant's masonry business and a landscape business. Mr. Leek oriented the site. He noted to the east ofthe site is Scherer Bros, Lumber Company. Mr. Leek stated it is a long narrow piece of property that Mr. Dorn proposed to develop. Mr. Leek noted the Planning Commission did review this proposal and did recommend approval of Official Proceedings ofthe May 18, 2004 Shakopee City Council Page -7- this request with the conditions as stated. Mr. Leek noted the Preliminary Plat, Final Plat and Conditional Use Permit were combined into Resolution No. 6045. Mr. Leek noted that he did question the surfacing of the exterior storage area. He noted that one ofthe recommended conditions in Resolution No 6045 required class five aggregate surfacing. Mr. Leekthought paving could be required in this case because that is what the neighbors had. Mr. Leek noted some of the trees on this property were in the utilities easement where the sanitary sewer line is located, Mr. Leek noted there would be tree removal on this site but the landscaping plan provided more than adequate replacement of the trees that would be removed. Mr. Leek noted that the recording of Resolution No. 6045 would not take place until all approvals were in place. Mr. Loney, Public Works Director/City Engineer, noted there were some minor adjustments that needed to be made for the plat approval prior to the disturbing of any material (grading permit). Mr. Loney noted the access point did lineup with the access point across the street and this would minimize the conflict oftuming movements, Mr. Loney stated these access points were not ideal but the Engineering Department thought the access would work for industrial usage. Cncl. Joos stated in no way was the Council approving any buildings at this time with this approval. Mr. Leek stated the Council was approving the site plan in general but they were not approving the floor plan ofthe buildings and the building elevations. Cncl. Joos stated he was in agreement that the asphalt would be. the better way of surfacing the exterior storage surface area rather than class five aggregate. Cncl. Menden was concerned about access to the Scherer Bros. lot that may have been intended through the Outlot. Mr. Leek responded that he did not thil1k the access to Scherer Bros, would be affected, Cncl. Lehman was concerned about the distance between this proposed driveway of the existing business and the driveway for this proposal. He thought the distances were very close. Mr. Leek stated no comment or concern was received from the Engineering Department regarding the distance between the drives. Mayor Schmitt asked if the applicant wanted to make any comments in his behalf. The applicant did not. Mayor Sclunitt stated that he too thought the drive should be asphalt to be consistent with the neighboring property and others in the area and that a portion of the exterior could be class five aggregate. Helkamp/Lelunan offered Resolution No. 6045, A Resolution Of The City Of Shakopee, Minnesota Approving The Preliminary and Final Plat OfDorn Addition, Conditional Use Permit For Development Containing More Than One Principal Structure Per Lot, And Conditional Use Permit To Allow Exterior Storage In The 1-2 (Heavy Industrial) Zone, and moved its adoption noting that the class five option would be removed from the condition in Resolution No. 6045 and it would be required that the entire exterior storage would be paved along with the driveway. Official Proceedings of the May 18, 2004 Shakopee City Council Page -8- Cncl. Lelunan noted he agreed with the parking and the drive being paved but he thought that some of the storage could be class five. Mayor Schmitt noted that the Council excluded the storage area to the north from being paved. Theresa DeFore, from Hedlund Engineering, representing Mr. Dom approached the podium to answer questions. Ms. DeFores explained where the break off point between the pavement and asphalt come from. Ms. DeFores noted that each building would have the same uses. Helkamp/Lehman offered Resolution No. 6045, A Resolution Of The City Of Shakopee, Minnesota Approving The Preliminary and Final Plat OfDorn Addition, Conditional Use Permit For Development Containing More Than One Principal Structure Per Lot, And Conditional Use Permit To Allow Exterior Storage In The 1-2 (Heavy Industrial) Zone, and moved its adoption noting that the class five option would be removed from the condition in Resolution No. 6045 and it would be required that the entire drive was to be paved with the exterior storage area being a combination of pavement and a small portion was allowed to be . class five aggregate along the north side. Motion carried unanimously. The amended motion carried with the asphalt part ofthe motion being amended so part of the exterior storage would remain as class five in part. Mr. Leek reported on the Excel Energy pipeline routing, It was noted that the members of the Jackson Town Board and some residents from Jackson Township were now at the meeting and this item would now be discussed because ofthe interest in this issue. Mr. Leek noted that Council was being asked tonight if they wished to take a position on the alignment of the gas pipeline that would serve the proposed new gas turbines at the Excel Energy site in the eastern portion ofthe City. Mr. Leek noted the alternatives that were in Mr. McNeill's memo. Mr. Leek noted the first alignment that Excel Energy talked to the City about informally. Mr. Leek noted there had been a couple of public meetings on this issue and at the second public meeting an alternative alignment was proposed by Jackson Township and some Jackson Township residents. Mr. Leek noted the Council was being asked to provide a letter to the Environmental Quality Board (EQB) stating the City's position relative to the preferred alignment for the gas pipeline. Mr. Leek stated that after discussion, if the preferred alignment was the extended Zumbro Avenue alignment, he would like an agreement with Excel Energy spelling out they (Excel Energy) were responsible for costs for any realignment of that gas pipeline line. Mr. Leek,noted the concern of the City expressed in the informal meetings with Excel Energy was that extending the pipeline up extended Zumbro A venue would have an affect on the development patterns in the area when these properties were annexed into the. City. Mr. Leek stated that he thought Excel Energy would negotiate with the property owners for rights to put the gas line on the resident's property. Cncl. Lehman did not like the idea of the gas Official Proceedings of the May 18, 2004 Shakopee City Council Page -9- pipeline running so close to a school and he did not like the idea of the proposed route for this pipeline being forced on existing residents when an alternative route was feasible. Mayor Sclunitt invited Excel Energy to make a presentation. Jim Alders, Manager for Regulatory Products for Excel Energy, approached the podium and stated he was working with the Public Utilities Commission on their proposal to add gas combustion turbines at the Blue Lake Power Plant site. He noted that proposal required a new gas supply to the facility. He noted Excel Energy had made application to the Minnesota Environmental Quality Board (EQB) for a pipeline route permit for that facility. Mr. Alders stated the EQB was the decision maker in this matter. He stated the preferred pipeline alignment from the City and Jackson Township was important to the EQB. He noted the EQB would receive comments from the public as well as the local officials for a short time yet. Mr. Alders stated that initially the pipeline was to. go due north up Zumbro Avenue but they received comment back from the City of Shakopee that this alignment would interfere with future development; so in response to that feedback a new alignment was suggested. Mr. Alders stated residents expressed their concern about the second proposed alignment from Excel Energy. Mr. Alders stated that Excel Energy was able to develop either route. Cncl.Menden asked what safety measures where in place when this pipe was laid in the ground. Rich Hash, Project Manager for the pipeline portion, noted the safety aspects of the pipeline itself. Cncl. Menden stated he was asking about the safety measures of the pipe itself and the pipe welds. He was concerned about a safe manner of operation. Mr. Hash explained this. It was noted that the minimum depth of the pipe was about 4 ~ feet to the top of the pipe when it was laid in the ground. Mr. Hash noted the gas pipeline followed the Excel Energy power line right-of-way. Excel Energy did not want to use the power line right-of-way because oflength, the terrain ofthe right-of-way and the electrical reaction with a gas pipeline. There was discussion as to where the pipeline would go to the east. It was noted the average life of the pipe was about 40 years. Mayor Sclunitt asked for audience participation. Norbert Theis, Chairman for the Jackson Town Board, approached the podium and discussed the permitting issue with Excel Energy. Excel Energy explained their position. Cnc1. Lehman asked Mr. Theis' input on both alignments oftheproposed gas line. Mr. Theis stated the route was unsatisfactory that went along County Road 77 and County Road 78 because of the populated existing residential property. There just were to many residents in the area. Mr. Leek stated that Excel Energy stated they could make either alignment work. Mr. Theis noted the alignment that extended down Zumbro Avenue in the undeveloped area was a better route to use. Don Hedlund, 645 West 128th Street, Supervisor for Jackson Township, approached the podium and noted his property ran back to County Road 78. Mr. Hedlund stated that when Excel Energy Official Proceedings of the May 18, 2004 Shakopee City Council Page -10- was asked if they had considered running the gas pipe straight up Zumbro. Avenue, they stated that they had considered this option but conversations with the City prompted them to change to the route up County Road 77 and west along County Road 78. Mr. Hedlund stated the currently proposed route would severely impact/damage nine residences. Mr. Hedlund noted these properties would have permanent damage done to the residents planned landscaping over the past ten years and the pipeline could negatively impact at least two current septic systems. He asked the City to support Jackson Township and to support the alignment up Zumbro Avenue. Joe Worm, 531 West 128thStreet, Jackson Township, noted he was one of the residents that would be severely affected with the proposed alignment of Excel Energy's gas pipeline. Mr. Worm noted that Excel Energy would give fair market value for the private land they would need today. Mr. Worm was not satisfied with this because he did not want to sell his home today. Prices would be very different. in the future and besides who would want to buy his land with a gas line located on it. He was there before the pipeline went in. Ifthe gas pipeline had been there when he built, he would not have bought that piece of property. He noted the alternate route would not affect anyone that is there right now. If people bought that property in the future they would/should kl10w about the gas pipeline. It would not be forced on them. Mr. Worm stated he sat down with Mayor Schmitt and Mr, Michael Leek and contrary to what Excel Energy said the City had not given their blessing for the route up County Road 77 and along County Road 78. Mr. Worm was ofthe opinion that the route up Zumbro A venue was the correct way to go. The route up Zumbro A venue Extended would not negatively impact or be forced on anyone at this time; there was no development in the area at this time. Al Perry, resident of Jackson Township, noted what Mr. Hedlund and Mr. Worm stated reflected his feelings quite well. He felt this was a fairness issue. Mr. Perry noted Mr. Alders stated that he could make this route up Zumbro A venue work. He stated that if this gas pipeline were run up Zumbro A venue at least then those future residents could plan for it. Mr. Perry stated he did not have the opportunity to plan now. Gary Wollschlager, Tollefson Development, stated Excel Energy told him that they would follow-up with him ifhe gave permission for the surveyors to come on his property. He noted that he never did hear back from Excel Energy but he had given his permission for the surveyors to come on his property. He thought this was very irresponsible of Excel Energy. He thought Excel Energy should come back to the property owners' and show them detailed plans and follow-up with what they said they would do. Gerry Mareck, resident of Jackson Township, noted he had worked with the City many times over the last several years; he recently had been a member of the Jackson Town Board. He was concerned about Excel Energy not coming to the Jackson Town Board earlier because the majority ofthe route was in Jackson Township's jurisdiction. The proposed route was creating many hardships for existing residents of Jackson Township. He would like a letter from the City of Shakopee to the Environmental Quality Board (EQB) indicating unanimous support of the Official Proceedings of the May 18, 2004 Shakopee City Council Page -11- Jackson Town Board and the residents of Jackson Township. He would like this letter to state that the City supported the gas pipeline alignment up Zumbro Avenue. Cncl. Lehman asked how annexation of Jackson Township properties would be affected if this gas pipeline were to go up Zumbro A venue. Mr. Leek addressed this question. Cncl. Lelunan noted he was in favor of the gas pipeline being extended up Zumbro Avenue. He did not like the gas pipeline going close to a school and residential properties if it was avoidable. Cncl. Helkamp felt the Blue Lake Peaking Plant really did need to be updated. He stated he supported the pipeline going up Zumbro Avenue and he supported a letter from the City Council supporting the residents of Jackson Township. He noted he also would not object to Excel Energy running this gas pipeline in their own right-of-way. Joos/Lehman moved that the City draft a letter to the Environmental Quality Board (EQB) proposing the Excel Energy gas pipeline route up Zumbro A venue extended. Cncl. Menden stated that he felt the entity with jurisdiction (the Township) in this case had been left out of the communication on this pipeline. He too encouraged that on behalf of Jackson Township and their residents that this City Council support the rerouting of Excel Energy's gas pipeline up Zumbro A venue extended. Cncl. Menden asked Excel Energy to give up front notification to the affected property owners along the Zumbro A venue extended route. Mayor Schmitt noted he too supported the route of the gas pipeline up Zumbro A venue extended. He noted he supported that route from the beginning. He noted he refused to. sign the letter supporting the original citing along County Road 77 and west along County Road 78. Mayor Sclunitt stated the City needed to make sure agreements were place with Excel Energy and the City so when development did take place out in Jackson Township and roads were put in and roads extended ifthe gas pipeline needed to be relocated it would be at Excel Energy's cost. It needed to be spelled out how development would occur and who was responsible financially for what. Mayor Schmitt stated that the City needed to figure out how some of the things the legislature was pushing on Cities in the form of energy could be dealt with in the City's best interest. Motion carried unanimously. It was noted that the EQB needed this letter by May 21, 2004. Mayor Schmitt noted that the City would get this letter done this week. Mr. Leek reported on the text amendment to the City Code regarding the Planned Residential District (pRD). He noted that Council and the Planning Commission had struggled with the somewhat failed expectations of the Planned Residential District. He noted that he went to the Planning Commission and received direction from them as to how this zoning classification could be fixed. He noted his suggestion to the Planning Commission to possibly fix the problem; Official Proceedings of the May 18, 2004 Shakopee City Council Page -12- the Planning Commission instead recommended that the Planned Residential District (PRD) be abolished rather than try and fix the PRD. Mr. Leek thought the Planned Residential District combined with a Planned Unit Development (PUD) overlay could be useful in the Downtown First A venue/Riverfront corridor. It was noted that the City did possibly have an approach to some redevelopment of the Downtown River Front Corridor with a Planned Residential District PUD overlay. Cncl. Lehman noted the definition of a Planned Residential District. It was thought perhaps with some tweaking this PRD with a PUD overlay could create a win/win situation for all parties in the DowntownRiverfrontDistrict. Cncl Joos noted in his opinion the PRD never worked because the market would not bear the economics of the neighborhood commercial. Cncl. Menden concurred with Cncl. Joos. Mr. Leek noted some ofthe components of the B-3 zoning district many work for the First A venue Corridor, He noted he would take a look at the different components of the B-1 zone and see what needed to be modified for the Downtown 1st A venue/Riverfront District. Helkamp/Joos offered Ordinance No. 704, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota Amending Chapter 11.33 Planned Residential District, and moved its adoption. Motion carried 4-1 with Cncl. Lelunan dissenting. Helkamp/Menden moved to recess at 9: 1 0 p.m. Mayor Schmitt reconvened the meeting at 9:21 p.m. Cncl. J oos took a seat in the audience because he was a property owner in the area of the next issue. Mr. Leek reported on the Comprehensive Plan Amendment, Extension of MUS A and Rezoning for property within the Beckrich Park Estates from Rural Residential (RR) to Urban Residential (R-IB) Zone. Mr. Leek stated that at the Planning Commission when this public hearing was held on this issue there was testimony showing concern about the proposed R-IB zoning district over all ofBeckrich Park Estates because of possible lot sizes. Mr. Leek noted the action requested tonight involved the re-guiding of 1.27 acres of current open space in Beckrich Park Estates to single-family and extending MUSA to that area and denial of the balance ofBeckrich Park Estates for re-guiding, rezoning and MUSA extension. Mr. Leek noted the Ordinance would then rezone the 1.27 acres to R-1B. Mr. Leek noted that the 1.27 acres would then become a part ofthe Valley Creek Crossing Plat and would no longer be openspace in the Beckrich Park Estates PUD. This piece of property would create about three lots. A follow-up action would be for staff to bring back a revised resolution for the Beckrich Park Estates PUD approving the revised legal description describing the revised open space. Mr. Leek stated this action had been requested because he was sure several rural residential subdivisions would be Official Proceedings ofthe May 18, 2004 Shakopee City Council Page -B- asking for the extension of sanitary sewer soon and he wanted a coherent approach for all those requests. Mr. Leek noted a very large amount of open space was given with the Beckrich Park Estates PUD. Mr. Leek noted the plat for Valley Creek Crossing was dedicating to the City some parkland that would serve both residents of Beckrich Park Estates and Valley Creek Crossings. He noted this parkland dedication was consistent with the Park and Recreation Advisory Boards recommendations. It was noted there was a conservation easement along the Creek than ran in the area of Valley Creek Crossing and the A.C.C. 2nd Addition. Cnc1. Lehman was also concerned about lot sizes. It was noted one ofthe reasons that Beckrich Park Estates was setup the way it was. This reason was so in the future sewer and water could come in. It was also pointed out that there were many trees and a ravine to separate the homes in Valley Creek Crossing with the homes in Beckrich Park Estates. Helkamp/Menden offered Resolution No. 6054 A Resolution Of The City Of Shakopee Approving A request to Amend the 1999 Comprehensive Plan to Guide A Certain Property for Single Family Residential And To Extend The MUSA Boundary And Denying A request to Amend the 1999 Comprehensive Plan Update to Guide Certain Property For Single-Family Residential And Extend MUSA To The Property And To Zone Property To Urban Residential (R-IB), and moved its adoption. Motion carried 5-0. Lelunan!He1kamp offered Resolution No. 6052, A Resolution Accepting Work on County State Aid Highway 83, from 1th Avenue to 1870 Feet South ofthe Existing Intersection of County State Aid Highway 16; and for County State Aid Highway 16, from 850 Feet West of County State Aid Highway 83 to 1500 Feet East of County State Aid Highway 83, Project No, 2001-4 and move its adoption. (Motion carried under the Consent Agenda). Lelunan!Helkamp moved to authorize the appropriate City officials to enter into the 2004 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of$4,200.00 from the drug forfeiture account. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize appropriate City staff to reserve twenty parking spaces in the one hundred block of Lewis Street on July 10,2004 from 5 p.m. to 12 a.m. for the "World's President's Association" street rod car show. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize execution of Change Order No. 9A revised for the Police building project, in favor ofCM Construction, in the amount of$15,532 (Motion carried under the Consent Agenda). Official Proceedings of the May 18, 2004 Shakopee City Council Page -14- LelunanlHelkampmoved to remove the Final Plat of Park Meadows from the table, and to table this request again until the Council meeting of June 1,2004. (Motion carried under the Consent Agenda). LelunanlHelkamp moved to authorize the appropriate City official to work with Scott County Transit to implement the proposed changes as outlined in the memo dated May 18, 2004 from R. Michael Leek, Community Development Director (CC Document No. 353). (Motion carried under the Consent Agenda). LelunanlHelkamp moved to accept the resignation ofLes TenEyck of the Shakopee Police Department, effective May 8, 2004. (Motion carried under the Consent Agenda). LelunanlHelkamp offered Ordinance No. 703, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 2, Section 2.20, Precinct Boundaries, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Menden stated he would like to see the Council address the whole issue of staging the MUSA allotment because ofthe City's potential for significant growth overthe next couple years. Cncl Joos stated the City needed to take a look at the global picturewhen attempting to decide how to address the staging issue brought forth by Cncl. Menden and Cnc1. Lelunan. Mayor Schmitt stated that this issue (staging) needed to be discussed with Ms. Al1ne Carroll the City's Strategic Planning Facilitator. Mr. Leek noted the Comprehensive Plan Update was going to be before the Planning Commission at their first meeting in June. Mr. Leek stated that he would be glad to follow-up with some of the additional information that the Council was looking for. He would give this presentation at the time he presents the Comprehensive Plan Update to the City Council. HelkamplMenden movedto recess at 9:46 p.m. for the purpose of discussing labor negotiations. Mayor Schmitt re-convened the meeting at 9:58 p.m. Mr. V oxland reported that the Council just met in executive session to discuss labor negotiations and that no action was taken, Lehman/Helkamp moved to adjourn to Tuesday, June 1,2004 at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 9:58 p.m. ~J.~ jhS.COX . Carole Hedlund C' y Clerk Recording Secretary c () ~ K [C T~ 0 Official Proceedings of the May 18, 2004 Shakopee City Council Page -13- asking for the extension of sanitary sewer soon and he wanted a coherent approach for all those requests. Mr. Leek noted a very large amount of open space was given with the Beckrich Park Estates PUD. Mr. Leek noted the plat for Valley Creek Crossing was dedicating to the City some parkland that would serve both residents of Beckrich Park Estates and Valley Creek Crossings. He noted this parkland dedication was consistent with the Park and Recreation Advisory Boards recommendations. It was noted there was a conservation easement along the Creek than ran in the area of Valley Creek Crossing and the A.C.C. 2nd Addition. Cncl. Lehman was also concerned about lot sizes. It was noted one of the reasons that Beckrich Park Estates was set up the way it was, This reason was so ill the future sewer and water could come in. It was also pointed out that there were many trees and a ravine to separate the homes in Valley Creek Crossing with the homes in Beckrich Park Estates. Helkamp/Menden offered ResolutionNo. 6054 A Resolution Of The City Of Shakopee Approving A request to Amend the 1999 Comprehensive Plan to Guide A Certain Property for Single Family Residential And To Extend The MUSA Boundary And Denying A request to Amend the 1999 Comprehensive Plan Update to Guide Certain Property For Single~Family * Residential And Extend MUSA To The Pro ert And To Zone Property To Urban Residential (R-IB), and moved its adoption . otion carried 4-0 with COuncl or Joos abstaining. - Lehman/Helkamp offered Resolution No. 6052, A Resolution Accepting Work on 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 Highway 83 to 1500 Feet East of County State Aid Highway 83, Project No. 2001-4 and move its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the appropriate City officials to enter into the 2004 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $4,200.00 from the drug forfeiture account. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize appropriate City staff to reserve twenty parking spaces in the one hundred block of Lewis Street on July 10,2004 from 5 p.m. to 12 a.m. for the "World's President's Association" street rod car show. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize execution of Change Order No. 9A revised for the Police building project, in favor ofCM Construction, in the amount of$15,532 (Motion carried under the Consent Agenda).