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HomeMy WebLinkAbout7. Approval of Minutes: August 16, 2005 (7p.m.), September 06, 2005 (7 p.m.) and September 20, 2005 (7 p.m.) OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 16,2005 Mayor Schmitt called the meeting to order at 7:15 p.m. with Council members Menden, Helkamp, Lehman, Joos present. Absent: None. Also Present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; Mark Themig, Parks, Recreation and Facilities Director. The pledge of allegiance was recited. The following item was added to the Agenda. Item 15.C.3 Have staff provide a formal request requesting SAC credits. MendenlHelkamp moved to approve the agenda as modified. Motion carried 5-0. Mayor Schmitt gave the Mayor's report. The following item was added to the Consent Agenda. 14.B. Ready, Set, Relax as a Family: Family Evening Together - Res. No. 6281 The following item was added to the Consent Agenda. 15.C.3 Have staffprovide a formal request requesting SAC credits. This will be part ofthe budget review on the 30th. The following item was added to the Consent Agenda. 15.C.l Transportation Equity Act (TEA- 21) Application for Pedestrian Bridges Lehman/Helkamp moved to approve the Consent Agenda as modified. Motion carried 5~0. 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 minutes of June 21, 2005 and July 5, 2005. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the bills in the amount of$2,146,256.58 plus $150,268.58 for refunds, returns and pass through for a total of $2,296,525.16. (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 acknowledge receipt of the memo from the City Administrator dated August 11,2005 stating that staff will provide estimates of time needed, for non-consent items, to address certain issues on the agenda. (Motion carried under the Consent Agenda). Liaison reports were given by the council members. \ \ Official Proceedings of the August 16,2005 Shakopee City Council Page -2- Lehman/Helkamp moved to direct the appreciate city staff and consultant, Bradley & Guzzetta, LLC, to enter into a contract with Access Communications for an amount not to exceed $13,904.84 (Telecommunications Fund) to extend and connect 24 strands of dark fiber (City 1- Net) to the new Public Works facility. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6281, A Resolution of the City of Shakopee, Minnesota Supporting Ready, Set, Relax as a Family Initiative, with Voluntary Participation by Sports Associations for the 2005-2006 School Year, and move its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Ordinance No. 736, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code at Sec. 11.36, Highway Business Zone (B-1) to Allow Pet Daycare and Boarding Facilities as a Conditional Use, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek stated that Ryland Homes has submitted an application for preliminary plat approval of Riverside Bluffs, located north ofCR 16 and west of Hill dale Drive. He reported that the developer is requesting the City Council extend the review period for the plat. Mr. Loney will continue to work with the developer on the sewer issues and the issues with the alignment of the channel and parks have been pretty well worked out. Mr. Loney discussed the grade to the west to Pike Lake Road and the interceptor. There have been significant changes in the design ofthe channel which impact the provision of sanitary sewer service. The sewer line is at a minimal grade of .012%. He stated that it is the opinion of staff that the sewer should be in place from the west and then bring it to the development as opposed to installing a lift station. Lehma~Joos motion to except the extension from Ryland Homes to continue review of the plat application for Riverside Bluffs and table a decision on the preliminary plat of Riverside Bluffs to September 6,2005. Motion carried 4-1 with Cncl. Menden dissenting. Mr. Leek stated that the preliminary plat for Glacier Estates, located north of Eagle Creek Boulevard, west of CR 18 and east of Hill dale Drive, includes 49 single family lots ranging in size from 12,000 square feet to over 30,000 square feet. The Planning Commission approved the preliminary plat, with conditions, 6-0. One of the conditions, following the recording of the plat, will be addressing the trailways. Mr. Leek stated that if this plat is approved tonight, it will be taken out of Growth Management. Cncl. Helkamp had some questions regarding conditions in the resolution under II. W. regarding the wetland complex and the park area and under II. S. regarding the playground equipment and irrigation. Staff responded. Official Proceedings of the August 16,2005 Shakopee City Council Page -3- Cncl. Helkamp suggested adding a condition for the first tier of buyers to be advised of the easements and conditions placed upon them. Discussion followed. The city attorney suggested discussing this at a later time, not with this plat. Discussion ensued on the limited access to this plat from County Road 16. Mr. Loney stated that' there is an emergency access to the east, a temporary drive to the east of Lot 6, Block 3. Randy Peterson, College City Homes, approached the podium. He said that there has been a lot of discussion regarding a second access. The County is opposed to a second access until improvements are made to CR 16. There is a 14' wide emergency access that is acceptable, per the fire inspector, Tom. The emergency trail will be paved right away. He also said that there has been a lot of discussion on the easements. The owners do receive a lot survey and it is explained to them. Cncl. Joos would like the emergency access to be wider. Mr. Leek stated that staff will look at widening the area for the emergency access and bring back with the final plat. There was talk about the noise issue and the city has made it clear that the responsibility is with the developer and the home owners association. Joos/Lehman offered Resolution No. 6283, A Resolution Approving the Preliminary Plat of Glacier Estates, and moved its adoption. Motion carried 5-0. Josh Barrick, Ice Arena Operations & Programs, talked about the need for ice arena radiant heat. He received three different bids and recommended lJIll." Inc., which was the lowest bidder. He is very comfortable with them providing the service. The funds would come from the Recreation Fund. Helkamp/Menden moved to award the installation of radiant heat in the ice arena to. UHL, Inc. for an amount not to exceed $17,960 and the funds to come from the Recreation Fund. Motion carried 4-1 with encl. Joos dissenting. Joos commented that he is not comfortable with voting for any improvements until the Council discusses what's going to be done with the community center. Cnc1. Helkamp stated that he had the same concern until he figured the pay back. He noted that natural gas prices are projected to be going up 25%. The payback could be as quick as two years and the cost savings would be about $4,000. This will also make the chillers work less. Lehman/Helkamp moved to authorize the renewal of the agreement with Shakopee Youth Association to operate the Shakopee Ice Arena concession stand through August 31, 2007. (Motion carried under the Consent Agenda). \ Official Proceedings of the August 16,2005 Shakopee City Council Page -4- Lehman/Helkamp offered ResolutionNo. 6285, A Resolution of the City of Shakopee, Minnesota accepting a Minnesota Trail Grant Program from the Minnesota Department of Natural Resources for the Huber Riverfront Park Project, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6278, A Resolution of the City of Shako pee, Minnesota Accepting a Minnesota Trail Grant Program from the Minnesota Department of Natural Resources for the Quarry Lake Park Project, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6280, A Resolution of Appreciation to the Citizen Task Force for the Community Center Expansion Feasibility Study, and moved it adoption. (Motion carried under the Consent Agenda). Michael Leek came forward and gave a presentation on the Growth Policy. The development of a residential growth policy was undertaken at the direction of the City Council, which has had growth management as its number one goal. The City's Planning Commission held a public hearing on the draft on May 19 and June 9, 2005, and has recommended to the City Council that it adopt the draft resolution approving a residential growth policy for the City of Shakopee. Based on direction from City Council on August 3, 2005, a number of changes have been made in the draft. Provided for the Council's review is both an edited version, and a cleaned up version with the edits included. Highlighted the phasing plan and section 4 regarding exceptions. He also commented on the adjusted allocations for Riverside Bluffs in the exhibit. There is a proposed addition under development for 68 units on the Hauer property on Vierling Drive added. Cncl. Joos talked about the flexibility to go beyond the number of units in the policy with our sewer capacity and the threat of land being sold to the SMSC. Dave Brown, Shakopee resident, approached the podium. He is a land owner representing many in Jackson and Louisville Townships in Shakopee. He commented that the 500 lot limitation is not a good idea. He also mentioned that the potential capacity at the Blue Lake Plant limits development. He recommends that a vote on the policy be tabled until all the information is absorbed. Christine Berger, approached the podium. She is representing 3,000 realtors south ofthe river. She asked that the City carefully assess the impact of any regulatory proposal that would reduce the amount of new residential properties in Shakopee. Thinks that this is unfair to the long term residents. and will lead to less affordable housing due to properties increasing in price. Patrick Adams, a business man in the community for 40 years, approached the podium. Believes this will have a negative impact on landowners in the townships. Made comment about other neighboring communities and they don't have issues or concerns about growth. Official Proce.edings of the August 16, 2005 Shako pee City Council Page -5- Tom Hart, law firm representing Ryland Group, approached the podium. He would like to see some language added to the policy that a developer who has been allocated units would not be deprived of that without being heard. Matt Weiland, Tollefson Development, approached the podium. He does not agree with the growth policy, but understands the desire to be responsible to the community. He would like to see language to allow beyond 500 units, if there is a need to reallocate lots and looked at on a case by case basis. He suggested coming up with creative ideas to work with and not limiting the city's ability to work with developers. Steve Heller, life long resident to the City of Shakopee, approached the podium. He believes we need to work together to come to a mutual understanding and realizes this is a large problem. Everyone has problems of growth, he has two businesses and understands what's being said, but we need to make do with what we have. By slowing growth in Shakopee you're telling people to go somewhere else. Bob Erickson, DR Horton, approached the podium. He questioned if the point system had been adopted. Other cities have similar policies put in place. The point system can work for the industry and the community. He is on both sides. Believes in quality development and would like to work with the Council in getting the point system in place. Cnd. Joos commented that nobody has come forward that has been in favor of this growth policy. Cncl. Lehman asked about no allocations on the chart to be revoked and it going against section 4 ofthe policy. If they didn't move forward, someone else might approach to do the same thing. The policy would be reviewed on an annual basis. Jim Thomson talked about the preliminary plat and answered the question of lots being carried forward. This policy is not intended to grant irrevocable binding allocations. Mayor Schmitt commented on how fast the community is growing and would grow in the future. Also commented on adding police, schools, roads, fire hardware and hiring more people. This would come out of the general tax fund. In 25 years the population would be 65,000-70,000. Throughout the strategic planning process everyone says they like the small town feel. Throw out a suggesting that the lot size be increased. Cnd. Joos commented that there are benefits of growth management and he is not comfortable with this policy. He is willing to look at other options to control growth. Cnd Lehman likes it more and more every time he sees the revisions. He was also born here, likes the small town feel and is not quite ready to support this - stuck in the middle. He would like to have a work session with the development community. Official Proceedings of the August 16, 2005 Shakopee City Council Page -6- Cnc1. Menden commented that he is also a life long citizen and Shakopee is not a small town and is not going to stop growing. The tax base is not keeping up with the needs. This is the first step and he supports it. He would like to look at the point system, lot sizes or have a work session. Cncl. Helkamp agrees that a point system is appropriate and would like to give rewards/bonuses to builders. He would like to wait until we see the point system, which would also give an opportunity to sit down and have a workshop. Joos commented that if we do this, there could be ramifications that we could never get back. Mr. Leek stated that the point system will be able to be viewed the 2nd meeting in September. He's not sure that it is tied to the policy. If a development can not meet the 60% in the policy, then staff will not take a development to council. MendenlLehman moved to table the growth management policy until the second meeting in September (September 20th). Motion carried 5-0. Lehman/Helkamp directed staff to proceed on submitting the TH 169 pedestrian bridges east of CR 83 and CR 77 and CR 15 for TEA-21 funding to the Metropolitan Council and MoIDOr. (Motion carried under the Consent Agenda). Lehman/Helkamp approved the expenditure ofa not-to-exceed amount of$5,000 to WSB & Associates, Inc. for preparation of the Federal funding application. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the acceptance of the proposal from LS Technology at a cost of$11,883.00 for the new voice data and CATV cabling installation at the new Public , Works building. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to direct staff to provide a formal request to the Metropolitan Council for SAC credits for Rahr Malting when they come off of the metropolitan sewer system., (Motion carried under the Consent Agenda). Lehman/Helkamp moved to remove from the table and approve the application of Shakopee K wik Mart, Inc. for an off sale 3.2 Percent Malt Liquor License at 234 West 1st Avenue. (Motion carried urider the Consent Agenda). LehmanlMenden moved for a 10 minute recess at 9:45 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:55 p.m. Official Proceedings of the August 16, 2005 Shakopee City Council Page -7- Bruce Kimmel and Jessie Hart, Springsted, the city's financial advisors, came forward to give a PowerPoint presentation on a proposal to prepare and development of a service cost model. The goals are as follows: . Determine which fees are appropriate for the city . Determine the city's real cost for delivering services . Identify new services for which fees might be appropriate . Reduce subsides from General Fund for services provided to user groups . Provide a diversified revenue base for the city . Establish logical and defensible charges and transfers A sample of what the budget report looks like was provided. Cncl. Helkamp questioned the years the life of the computer model would have. Ms. Hart answered - The first one they put out for another city in 2003 is still in use and has no major updates. Ms. Hart stated that the length of time for the process would be 10-12 weeks. No major structure updates, but have built in enhancements. Some cities do the yearly updates themselves and others have them do it. The approximate cost range for the yearly update is $4,000 -$8,500. Discussion followed. The Finance Director, Gregg V oxland came forward and stated that he thinks this is logical. Helkamp/Joos moved to direct staff to proceed with the presented proposal from Springsted to do a fee analysis and develop a service cost model for those fees for development related fees and costs and that the funding come from the community development budget. (The proposal is for $38,265 plus out-of-pocket expenses.) Motion carried 4-1 with Mayor Schmitt dissenting. Joos/Menden moved to extend the meeting until 11 : 15 p.m. Motion carried 5-0. Cncl. Joos asked about the status on the County Road 79 construction and would like this information put on the web site. He would also like a work session with the Shakopee Mdewakanton Sioux Community. A request will be made by staff. Cncl. Lehman clarified the statement made by MET Council staff at the 5 :00 p.m. meeting on the comprehensive plan update showing aggressive downtown redevelopment plans. This was an incorrect statement. Cncl. Menden mentioned that he will be attending the majority of the meetings and act as a liaison for the Huber Park design. Official Proceedings of the August 16, 2005 Shakopee City Council Page -8- Joos/Menden moved to recess for an executive session at 11 :06 p.m. for discussion under the attorney-client privilege regarding the proposed settlement on the Cal Haasken's matter. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 11: 18 p.m. There was no action taken by the City Council during the executive session. Joos/Helkamp moved to adjourn to Tuesday, August 30,2005, at 5:00 p.m. Motion carried 5-0. The meeting adjourned at 11:18p.m. ~~.~ ~dithS. Cox City Clerk Tanya Schmieg Recording Secretary D OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,NIT.NNESOTA SEPTEMBER 6, 2005 Mayor Schmitt called the meeting to order at 7:15 p.m. with Council members Menden, Helkamp, Lehman, and Joos present. Absent: None. Also Present: Mark McNeill, City Administrator; Kris Wilson, Assistant to the City Administrator; Judith S. Cox, City Clerk; Dan Hughes, Police Chief; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Bryan Shirley, City Attorney. The pledge of allegiance was recited. Helkamp/Menden moved to approve the agenda. Motion carried 5-0. Joos/Lehman offered Resolution No. 6289, A Resolution of Appreciation to the Derby Days Committee, and moved its adoption. Motion carried 5-0. Mayor Schmitt read the resolution and presented a copy to the Co-chairs, Jack McGovern and Sandy Doherty. The following items were added to the consent agenda: 15.B.l Extension Agreement for Mitigating Wetlands Associated with Future CSAH 21, Pike Lake Road and Future Fire Station; 15.B.3 Shakopee High School Infiltration System Cost Participation; and 15.A.2 (has been addressed) Final Plat for Countryside located south of Highway 169 and between CR 79 and CR 15 - Resolution No. 6295. The following item was removed from the consent agenda. 14.B Registered Land Survey (RLS) for 746 Sixth Avenue West - Res. No. 6292. Lehman/Joos moved to accept the consent agenda as modified. Motion carried 5-0. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. John Clay, 120 East 8th Avenue, approached the podium to talk about the signage on Eagle Creek Boulevard/CR 16 at Marschall Road going west to Gorman Street. He recommended re-striping the street to clarify which lane is the left lane, which lane is the right lane and which lane is the straight lane. LehmanlHelkamp moved to direct staff to get in contact with the County to see what can be done about clarifying the striping on Eagle Creek Boulevard immediately east of Marschall Road to clarify the direction of the lanes. Motion carried 5-0. Lehman/Joos moved to approve the minutes of July 18, 2005, Augut>t9, and Augut>t 15, 2005. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the bills in the amount of$822,758.00 plus $136,024.42 for refunds, returns and pass through for a total of $958,782.42. (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 September 6, 2005 Shakopee . City Council Page -2- Helkamp/Menden moved to open the public hearing on the petition from Tollefson Development for the annexation of approximately 45 acres located south of Countryside and east of Marystown Road/CSAH 15. Motion carried 5-0. Michael Leek reported on a petition that was received from Tollefson Development asking the Council to consider annexation of approximately 45 acres of land from Jackson Township into the City of Shakopee, except the veterinary clinic. Regarding sewer capacity, he said that Metropolitan Council Environmental Services will work with us to have sewer in place, but would like to study what the sewer capacity is in the area. The staff recommendation on the petition is that it is not timely. Mr. Leek stated that the Planning Commission has reviewed the petition and recommended not proceeding at this time. The Jackson Township Board has reviewed the petition, but the City has received no written comment. Discussion followed. Cncl. Joos commented this would be more appropriate for consideration later on this year. The City needs to work with the comprehensive plan update and see if Jackson Township would be interested in modifying the annexation agreement. This would allow residents to be advised and be good for the growth management strategy. Cncl. Lehman addressed the sewer capacity. A two to three month study by Metropolitan Council still hasn't outlined what will be done. Mayor Schmitt asked if there was anyone present who wished to speak regarding the petition. Gary Wollschlager, Tollefson Development, approached the podium. He stated that he agrees with Mr.. Leek that it's not the proper timing to be asking for this annexation. Rather than deny the application he would like to put this on hold for three months. They are also working with the school district on a site for a new school. He recommends putting the application on hold and putting it back on the Council agenda around the 1st of December. Cncl. Helkamp discussed the exception of the five acres and the concern of developing around it. Lehman/Joos moved to continue the public hearing on the petition from Tollefson Development for the annexation of approximately 45 acres located south of Countryside and east of Marystown Road until December 6,2005. Motion carried 5-0. Liaison reports were given by Council members. Cne!. Helkamp attended the steering committee from SCALE. They had a strategy meeting down at the Scott County Jail Annex to prepare for a visit from the State Senate Bonding Committee this Friday the 9th. Cncl. Joos participated in a visioning steering committee meeting. Official Proceedings of the September 6, 2005 Shako pee City Council Page -3"'- Cncl. Menden is dealing with the school board. The paper has done a good job of presenting the November election request referendum for funding for the community schools. Cncl. Lehman attended a SCALE meeting when Congressman Kline was in attendance. It was a productive meetin~. He also attended the Park Board meeting and went over the CIP budgets. Helkamp/Joos moved to recess for Economic Development Authority Meeting at 7:46 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:54 p.m. Michael Leek came forward to give an overview on the preliminary plat for Ridge View Farms. He explained that Tollefson Development, Inc. has submitted an application for preliminary plat approval of Ridge View Farms, proposed for property north of Eagle Creek Blvd. and generally west of Pike Lake Road. The plat, as currently proposed, contemplates the construction of 54 single family homes on 45.21 acres. Additionally, they are asking for a variance to allow an overlength cul-de-sac (1100 feet), where 750 feet is the maximum allowed. The Planning Commission recommended approval of the Preliminary Plat to the City Council. In order to serve this property, Ridge View Farms, installation of a trunk water main along County Road 16 will be required to provide looping from developments further to the east. Park dedication is being handled on a cash payment basis and there is a trail proposed to be constructed along the northern portion. Cncl. Menden talked about the road access for emergency purposes only to the west. Mayor Schmitt asked about the possibility to control access to CR 16 as it is expanded. The design details have to be worked out and it will be similar to 17th Avenue with a barrier. Cncl. Lehman talked about the right turn lane. There is 600 feet from proposed CR 21 to Street "co. (emergency access road) along CR 16. The County standard policy is 480 feet for right turn lane. The distance from Street "C" to Pike Lake Road, could be shortened and "C" Street moved east to be more centralized and give more space. The detail will be worked on and brought back in the final plat. Cncl. Menden asked where this development ties into the sanitary sewer and where would other trunk lines tie in as well. The service is off the Prior Lake interceptor. Mr. Loney stated that there will need to be an easement on Lot 34 Block 2 to allow sewer connection. Cncl. Joos commented on the emergency access road and likes the right in right out, but people don't follow it. Mayor Schmitt talked about the drainage and utility easements. They seemed to render the major shares of the lots as unbuildalJle. There should be a condition so it's noted on the deed as homes get built. Official Proceedings ofthe September 6, 2005 Shakopee City Council Page -4- Mr. Themig stated that the conservation easement also should be identified. Mr. Leek suggested that a condition be added to the resolution on Page 5, Y, conservation easements to be provided and approved with the overall easement plans that are approved by the city engineer. Mayor Schmitt also asked Mr. Leek to discuss the looping. Mr. Leek explained that Shakopee Public Utilities requires a loop to accomplish the water main along CR 16 and additional looping within the project. There will be a water main installed at County Road 16. Joe Adams, Shakopee Public Utilities, approached the podium and talked about the trunk water main in the County Road 16 corridor. It was noted that there will not be a home owners association. Lehman/Helkamp offered Resolution No. 6294, A Resolution Approving the preliminary Plat of Ridge View Farms, and move its adoption, with revision on page 5, condition Yadding #5 conservation easements defined, noted and approved by city engineer by final plat. Gary Wollschlager, Tollefson Development, approached the podium. He commented on condition Q on page 5 - the storm water pretreatment for the fire station should be paid in portion by the fire station. Page 8, item M - provide sod placement in front yard and seed or sod placed inside and rear yards. He hasn't seen this under conditions before. Mr. Leek responded that this has been in plats and is the builder's responsibility, not the developer's to enforce. Mr. Wollschlager commented that he didn't know ifhe could comply with all Item S on page 8 - all trails and sidewalks shall be ADA compliant. Mark Themig showed a drawing with an alternative if it isn't possible. He said that all trails and sidewalks should either be in ADA compliant or where it is not feasible to provide an alternative route which is ADA compliant. Lehman/Helkamp moved to amend the resolution by adding condition II. S. All trails and sidewalks shall either be ADA compliant or where it is not feasible, an alternative route which is ADA compliant shall be provided. Motion carried 5-0. Motion carried 5-0 on main motion as amended. Mr. Leek explained that the county requires a Registered land Survey for the property at 746 Sixth Avenue West as opposed to a minor lot subdivision. Discussion ensued on the size ofthe lot, easements and whether or not St. Marks Cemetery Road is public or private. It was determined that additional information is needed. Helkamp/Menden moved to table the Registered Land Survey for 746 Sixth Avenue West and requested additional information from the applicant and/or staff. Motion carried 5-0. Mr. Leek stated that Ryland Homes has submitted an application for preliminary plat approval of Riverside Bluffs, proposed for propy[ty north of Eagle Greek Blvd. and west of Riverside Fields. Official Proceedings of the September 6, 2005 Shakopee City Council Page -5- The plat, as currently proposed, contemplates the construction of 101 single family homes and includes six acres of park land in Outlot "B>>. Mr. Leek stated that there were three main issues identified during the previous discussions: 1 - Park land area and its usability 2 - Prior Lake Spring Lake outlet channel and what if s configuration would be as the property was crossed 3 - Sanitary sewer The park land has generally been worked out, but the final design will have to be addressed. The configurations of the outlet channel have been resolved between the city, the developer and Prior Lake Spring Lake. The sanitary sewer is still an issue as to what's the best way the property can be served. The grade change for extension of the sanitary sewer is shallow. The developer is recommending a lift station. Staff does not feel that is the best option. The sanitary sewer could be put in under Chapter 429 process, and run through the property to the west. Staffwas directed to go back to the developer and work on those issues. Mr. Leek stated that there are recommended conditions in front for council approval. The conditions do not accommodate the lift station request. Ryan Sullivan, Ryland Homes, approached the podium. He stated that the preferred option is to work with the city on a 429 process. He is willing to apply $150,000 (from the lift station cost) to the City costs if the City put the trunk through the Noecker property and if the plat can tie into it by next June. He is strongly in favor of tying into the interceptor through the Chapter 429 assessment process. He said that he is comfortable with a lift station and would do that as a 2nd alternative ifthere was no 429 process and would remove it when there is service available from the west. Cnd Lehman questioned the water looping issue. Mr. Sullivan stated that it is down CR 16 to the Tollefson development. Cncl. Menden asked where the lift station would be located. This would be outside the right away and was pointed out on the drawing. Mr. Bruce Loney commented on the sewer issue and after talking to several engineers the criteria used was four feet of cover with installation with a minimum. Also went back and revised the grades of the channel. An analysis was done on the trunk line and the cost was estimated to be around $435,000. Public improvement project easements would be needed to be acquired and would be less expensive if working with the developer. The preferred option would be to extend the trunk sewer line and work with developer's or do a 429 project. The other option is the lift station until the line is extended, or wait until Ridge Creek develops. Official Proceedings of the September 6, 2005 Shakopee City Council Page -6- Mayor Schmitt said the city has the ability to define the level of that sewer line and construct it on a 429 project and the city also has the right to define the level of Crossings Blvd. from Rycourt all the way over to Pike Lake Blvd. Randy Neocker, Developer of Ridge Creek, approached the podium. He stated that there would be no difficulty with the trunk line. He is in favor of moving forward. September 22 is the deadline for him to submit his plat complete with the changes incorporated as requested by staff. They fully intend to develop and submit the application as soon as possible. He would like to get started this fall. Helkamp/Joos offered Resolution No. 6279, A Resolution Approving the Preliminary Plat for Riverside Bluffs, and moved its adoption. Mr. Sullivan stated that he preferred going with a 429 process in case Mr. Noecker does not have his plat done in time for June. Motion carried 5-0. Lehman/Joos moved to extend the approval period of the preliminary plat for Stonebrooke by an additional two years. (Motion carried under the Consent Agenda). Lehman/Joos moved to offer a motion to approve Resolution No. 6295, A Resolution Approving the Final Plat of Countryside, and move its adoption. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. at a cost not-to-exceed $15,923.00 for the wetland impact for CSAH 21, Pike Lake Road and the future Fire Station, with the City's payment of this proposal to be paid out of the Capital Improvement Fund with reimbursement from Scott County for their share. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve a motion authorizing the acceptance of the proposal from Metro Furniture Solutions in the amount of $46,61 0.99, and as per the attached memorandum from Brenda Dever of Oertel Architects. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve a motion authorizing the acceptance of the proposal from S&T Office Products in the amount of$7,153.60 for shelving in the parts room, and as per the attached memorandum from Brenda Dever of Oertel Architects. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the City to reimburse the School District for its share of the regional infiltration ponding system in the amount of$121,667.26, and direct staff to revise the fee schedule to include an infiltration ponding fee for developments using the regional ponding system. (Motion carried under the Consent Agenda). Official Proceedings of the September 6, 2005 Shakopee City Council Page -7~ Lehman/Joos moved to reserve 75 acres of development site for the School District to be using future school proj ects using the infiltration credits generated by the regional pond on the new high school site. (Motion carried under the Consent Agenda). Lehman/Joos moved to offer Resolution No. 6293, A Resolution Approving the Application for the City of Shakopee for the Conveyance of Tax Forfeiture Parcel No. 27-912045--4 for Public Use, and move its adoption. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate City officials in executing the Cooperative Agreement for the County to utilize an automatic wash base system for its vehicles at the Shakopee Public Work's Building. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the expenditure of$35,OOO.OO from the Transit Fund towards the Vehicle Wash at the Shakopee Public Works Building. (Motion carried under the Consent Agenda). Lehman/Joos authorized the appropriate City officials to enter into the D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 2005-2006 school year. (Motion carried under the Consent Agenda). Lehman/Joos authorized the appropriate city staff to enter into agreements to extend the current Police Liaison and School Resource Agreements through December 31, 2006. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution 6290, Authorizing Support for the Shakopee Citizen Corps Council, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 6291, A Resolution of the City of Shakopee, Minnesota, designating the National Incident Management System (NIMS) as a Basis for all Incident Management in Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos authorized the appropriate city officials to enter into the Criminal Justice Data Communications Access Agreement and the Computerized Criminal History Information Access Agreement (Motion carried under the Consent Agenda). Lehman/Joos authorized appropriate city staff to reserve twenty parking spaces in the one hundred block of Lewis Street on September 16,2005 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/Joos moved to accept the resignation of Brian Madden from the Parks and Recreation Advisory Board with regrets and authorize advertising for the opening. (Motion carried under the Consent Agenda). Lehman/Joos moved to acknowledge the satisfactory completion of probation and authorize the retention of Christian Chadderdon as Police Officer effective September 13, 2005. (Motion carried under the Consent Agenda). Official Proceedings of the September 6, 2005 Shakopee City Council Page -8- Lehman/Joos moved to acknowledge the satisfactory completion of probation and authorize the retention of William Dane as Police Officer effective September 13, 2005. (Motion carried under the Consent Agenda). Lehrnan/Joos moved to accept the retirement ofTeny Link from the Fire Department and offer Resolution No. 6296, A Resolution of Appreciation to Terry Link, and move its adoption. (Motion carried under the Consent Agenda). Lehman/Joos authorized the retention of Joel Sowieja and Veronica Giese, as Fire Fighters for the City of Shakopee. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 6288, A Resolution of the City of Shako pee, Minnesota, Accepting a $3,000 Donation from the Shakopee Lions Club, and move its adoption. (Motion carried under the Consent Agenda). Joos/Helkamp offered Resolution Number 6287, A Resolution Levying ATax At The Request Of, And Consenting To The Levy Of A Tax By, The Economic Development Authority For The City Of Shakopee, and move its adoption. Motion carried 5-0. Lehman/Joos moved to declare the following property as surplus property: City Vehicles 1997 Ford Contour IFALP6539VK170485 1998 GMC 3500 HD IGDKC34F3WF071517 1998 Ford CrownVic 2FAFP71W1WX129737 2001 Ford Crown Vic 2FAFP71W41X161039 2001 Ford Crown Vic 2FAFP71WOIX161040 (Motion carried under the Consent Agenda). Lehman/Joos moved to table the application ofBounkong Yabandith dba Thailand View Restaurant for a wine and on sale 3.2 percent malt liquor license to September 20,2005. (Motion carried under the Consent Agenda). Lehrnan/Joos moved to set a hearing for Tuesday, October 4,2005, at 7:00 p.m., or thereafter, to review the actions of the tobacco licensees: Roseen & Roseen, Inc. dba MGM Liquor, 471 South Marschall Road Speedway Superamerica LLC dba Superamerica #4546, 1298 East Vierling Drive Hennen's Shell, 807 East 1st Avenue (Motion carried under the Consent Agenda). Helkamp/Joos moved to meet on Monday, September 12, 2005 at 6:00 p.m. for a budget workshop. Motion carried 5-0. Lehman/Joos offered Resolution No. 6297, A Resolution Establishing Criteria for Out Of State Travel by Elected Officials of the City of Shakopee, Minnesota, moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the September 6, 200S Shakopee City Council Page -9- Lehman/Joos authorized the appropriate City officials to execute the Joint Powers Agreement with Scott County Court Services, for the Sentence to Service Program, for the period July 1, 2005 - June 30, 2007. (Motion carried under the Consent Agenda). Cncl. Lehman talked about the hurricane devastation and having an emergency management meeting. The last one was in 2001. Staff will look into and coordinate with Scott County. Mr. McNeill stated that there are meetings going on for how cities can best coordinate their efforts to assist in this situation. Helkamp/Joos moved to adjourn the meeting to Monday, September 12, 2005 at 6:00 p.m. Motion carried 5-0. The meeting adjourned at 9:36 p.m. ~'M.J. ~ J liith S. Cox ity Clerk Tanya Schmieg Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADI. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 20, 2005 Mayor Schmitt called the meeting to order at 7:23 p.m. with Council members Helkamp, Joos, Menden and Lehman present. Also present: Mark McNeill, City Administrator, Jim Thomson, City Attorney, Judith S. Cox, City Clerk, R. Michael Leek, Community Development Director, Bruce Loney, City EngineerlPublic Works Director, Ed SchwaesdaIl Fire Chief, Mark Themig, Park, Recreation and Facilities Director, and John Peterson, Telecommunications Coordinator. The Pledge of Allegiance was recited. Mayor Schmitt requested a motion for the approval of the agenda and called upon Mark McNeilL Mr. McNeill stated that he would like to add item 15.A.3. pertaining to the sale of property to Scott County on a portion of County Road 21 for a right-of-way. Mr. McNeill requested that item 15.C.5, street cut for Valley View Road, be deleted as he had been informed by the Public Works Director that theissue has been resolved without a need for Council action. Mayor Schmitt asked if there were any other changes to the agenda. There being none, Cncl. Helkamp made a motion to approve the modified agenda. Cncl. J oos seconded the motion. Motion carried 5-0. The following item was removed from the consent agenda: 15.B.1, Residential Project Scoring Guide. Mr. McNeill added that still under the consent agenda, Item 8, Bills, included a payment authorization of $2,522 to Carroll, Franck & Associates Visioning Services. Cncl. Menden requested that items I5.C.2 Accept Feasibility Report and Set Hearing Date for Improvements to 17th A venue from Southern Meadows to CSAH 83, 2006-1 - Resolution No. 6300 and 15.CA Approval of Mediated Settlement Agreement on an Assessment Appeal for the 2003 Vierling Drive Improvement, Project No. 2002-4 be added to the consent agenda and 15.FA Salaries for Mayor and City Council Members be removed from the consent agenda. Cncl. Helkamp requested that item 15.F.2 be added to the consent agenda. Joos/Lehman moved to approve the modified consent agenda. Motion carried 5-0. Joos/Lehman moved to approve the meeting minutes for July 19,2005 (5:00 p.m.), July 19,2005 (7:00 p.m.) and August 30,2005. (Motion carried under the Consent Agenda.) Joos/Lehman moved to approve the bills in the amount of$I,963,702.50 (less $2,522.00) plus $462,800.13 for refunds, returns and pass through for a total of$2,426,502.63. (Motion carried under Consent Agenda.) [The list of bills is posted on the bulletin board at City Hall for one month following approval.] Mayor Schmitt asked if there were any interested persons who would like to speak about a subject that is not on the agenda. There were none. Official Proceedings. of the September 20, 2005 Shakopee City Council Page -2- Liaison reports were given by Council members. Cncl. Helkamp stated that he showed the joint training facility site to the State Senate Capital Improvement Committee. Cncl. Helkamp felt the visit was a success and would generate state funding. Cncl. Joos stated that he attended the Playground Committee Meeting. Fundraising has surpassed expectations and the committee is now working on donated items (Le., tools). Cncl. Joos added that the committee is also in need of volunteers and announced that anybody wishing to volunteer the week of October 4-9,2005 should call either 445-4228 or 445-2011. Mayor Schmitt added that he had asked the staff working on the "hold message" to include a brief statement about it. Cncl. Menden stated that he, along with CncI. Helkamp, the Mayor and other Council members, attended the Senate Bonding Committee Presentation. He also attended the Downtown Partnership meeting and discussed how the criteria was established for using some of the funds put aside for the downtown fayade improvements. CncI. Menden also attended an EAC meeting. One of the topics discussed was the use of a AUAR as a possible planning tool. Cncl. Lehman stated that he also attended the Senate Bonding Committee at the Jordan site and had the opportunity to speak to the Senate Chairman. One of the discussion items was Katrina. Cncl. Lehman came away with the feel that the cost of not being prepared far outweighed the cost of being prepared. John Peterson, Telecommunications Coordinator, indicated that the Telecommunications Commission recommended that the City conduct a broadband and wireless study to perform an analysis of existing telecommunications infrastructure/services in the Scott County area and identify the current service demand and broadband (wireline and wireless) options available to the residents and businesses in the Scott County area, with the primary focus on the City of Shakopee. Mr. Peterson stated that the city has received a proposal from Bradley and Guzzetta to research options and prepare a cost estimate to further study broadband options. The budget impact would be $22,500 which would come from the $24,000 which was included in the 2005 Telecom budget under Equipment for "Wi-Fi" and other new technology projects. LehmanlJoos moved to authorize the appropriate City officials to execute a contract for a feasibility study of wireless broadband services to Shakopee, to be performed by Bradley and Guzzetta, LLC at a cost not to exceed $22,500 within a timeframe of four to six months. Discussion followed. Motion carried 4-1 with Cncl. Helkamp dissenting. Joos/Lehman moved approve a letter to be signed by the Mayor and sent to Senators Coleman and Dayton as well as Representative Kline, opposing the Broadband Investment and Consumer Choice Act (S. 1504). (Motion carried under the consent agenda.) R. Michael Leek spoke to the Council concerning the request for approval of a registered land survey (RLS) for a parcel abutting St. Mark's Cemetery Road. He explained that City Clerk, Official Proceedings of the September 20, 2005 Shakopee City Council Page -3- Judy Cox, worked with staff to research whether the road was ever vacated. Their research determined that this road was dedicated to the City as a public street which ensures that the additional parcel that would be created would have access by a public street rather than by a private easement. There is no evidence that the portion of the road that would serve the two tracts had ever been vacated. Mr. Leek recommended the Council approve the Registered Land Survey. A brief discussion ensued on a condition in the resolution of approval regarding the granting of a private easement for any utilities crossing through Tract A. LehmanlJoos offered Resolution No. 6262, A Resolution Approving the Registered Land Survey for the Property Located at 746 6th Avenue West to Reconfigure the Existing Lot into Two (2) Lots, and moved its adoption. Motion carried 4-1 with Mayor Schmitt dissenting. Joos/Lehman moved to authorize preparation of a concept plan and feasibility study for the proposed improvements to Tahpah Park. (Motion carried under the Consent Agenda.) JooslLehmanmade a motion to authorize Change Order 2 for Greenfield West Park for $17,289 in favor of Sunram Construction. (Motion carried under the Consent Agenda.) Mark Themig addressed the Council concerning the sale of property to Scott County for right-of- way for County Road 21. Throughout negotiations with the Shutrop family there were plans for the future acquisition of County Road 21. He received a call from the County requesting that the sale of the property be closed by Friday, September 30, 2005 in order that the County can utilize federal funding. The right of way is 10.8 acres which is what the County would need for County Road 21.plus a temporary construction easement. Mr. Themig requested that the Council authorize the appropriate City officials to enter into the purchase agreement that has been proposed. Mr. Themig explained that the County's offer is based on proposals submitted by the Shutrops and their own appraisal. The County contacted the City to request that the two appraisals be reviewed by an outside source. The County's offering $747,400 for the 10.08 acres. Also requested by the County in the proposed purchase agreement is.that the City provide temporary construction easements at no cost. Mr. Themig explained that the County submitted a plat drawing showing easements on property that is owned by Tollefson Development thereby implying that the City will obtain those easements on behalf of the County. He encouraged the Council to make it clear to the County that it is not the City's responsibility to acquire those easements; they need to be negotiated by the County with the Developer. The County is showing 180' of temporary easement. Apparently, that is a potential site of shared City/County stormwater ponding at County Road 21. The problem is that area is shown as a potential fire station site. Mr. Themig also requested that Council authorize the appropriate City officials to take all necessary actions to implement the transaction by September 30, 2005. Cncl. Helkamp suggested that Councilli(l.i~ons be (l.ppointed to work with City staff to move forward with the sale of the property. , Official Proceedings of the September 20, 2005 Shakopee City Council Page -4- Cncl. Lehman noted that in previous discussions, at no time did the Council agree to obtain easements for the County. He volunteered to work as Council liaison. Cncl. Helkamp noted that the stormwater ponding area is not part of property the City is selling to the County. Therefore, it should not be included in this purchase agreement. Mr. McNeill suggested that drainage/utility easement discussions at this point are an inappropriate venue for resolution. He will be receiving a draft EIS and that would be the appropriate time/place for stormwater ponding discussions. Lehman/Joos moved to authorize the appropriate city officials to execute a purchase agreement with Scott County for right-of-way for future CR 21 for $747,400 and construction easements on city owned land. Motion carried 5-0. Menden/Helkamp moved to authorize staff to take all necessary actions to implement the transaction with Scott County and name Cncl. Lehman and Cncl. Joos as Council liaisons to work with City staff. Motion carried 5-0 Michael Leek addressed the Council regarding overall growth management. There are two reports attached to cover report: I) a draft Residential Project Scoring Guide, and 2) a draft of the Growth Management Policy. Mr. Leek asked the Council to consider the proposed Residential Project Scoring Guide (Exhibit 15 .B.!.) a draft of a mechanism to be used by staff to determine which developments should move forward for consideration through the formal review process. Mr. Leek stated that cities have been issued system statements from the Met Council. That is basically the kick-off for the next mandatory round of comprehensive plans which are due in 2008. The Planning Commission recommended that the Council approve the draft Residential Project Scoring Guide, not adopt a growth management policy, and move ahead with the Comprehensive Planning process. Scoring is to raise quality, but not manage growth. A question and answer session between the Council and Mr. Leek followed. Lehman/Joos moved to approve the draft Residential Project Scoring Guide. Discussion followed using the Planned Unit Development process. Motion carried 5-0. Mr. Leek explained that the Council directed staff to go back to the Planning Commission with the growth management policy and the scoring guide. The Planning Commission then recommended not adopting the growth policy, but to move ahead with the comprehensive plan update. He stated that the Planning Commission felt that this is a better way to direct development. Official Proceedings of the September 20, 2005 Shakopee City Council Page -5- Cncl. Lehman supported the Planning Commission's recommendation. Cncl. Joos stated that going forward with the 2008 comprehensive plan and working from there is a good idea. Mayor Schmitt suggested that there is a need to be creative on how land develops; e.g. to re- think lot sizes. Mr. Leek stated that there is a need to have discussions with Jackson Township on a staging plan for annexation, also Louisville Township if we are going to develop according to the 2030 time frame. Development needs to create neighborhoods. Cncl. Menden stated that he is in favor of a growth management policy to provide an interim use unti12008 when the comprehensive plan is adopted. If there is a ceiling on the number of homes anticipated, it allows the stability to develop the phasing plan, develop the staging and overall use of the comp plan for its real purposes. Lehman/Joos moved to direct staff, as part of the 2008 comprehensive plan update, to develop a more specific development phasing plan that identifies lands and when they will be available for sewer development; and, would like to see 1st, 2nd, and 3rd current phasing updated as soon as possible. Discussion ensued on the availability of sufficient staff time and funding to proceed with updating the comprehensive plan; and, what is entailed in the development of the comp plan. Lehman/Menden made a motion to limit the discussion. Motion carried 5-0 Motion carried 4-1 on the main motion with Cncl. Menden dissenting. Lehman/Joos moved for a 10-minute recess at 8:59 p.m. Motion carried. MayorSchmitt re-convened the meeting at 9: 13 p.m. Joos/Lehman authorized the appropriate City officials to execute an extension agreement with Bonestroo, Rosen, Anderlik & Associates to perfonn design engineering services on Phase II of the River District Sewer Reconstruction Project. (Motion carried under the Consent Agenda.) Joos/Lehman offered Resolution No. 6300, A Resolution Receiving a Report and Calling a Hearing for the 17th A venue Improvements, from Southern Meadows to CSAH 83, Project No. 2006-1 and moved its adoption. (Motion carried under the Consent Agenda.) Joos/Lehman offered Resolution No. 6302, A Resolution Approving a Wetland Replacement Plan for Ridgeview Farms Addition, and moved its adoption. (Motion carried under the Consent Agenda. ) Official Proceedings of the September 20, 2005 Shakopee City Council Page -6- JooslLehman authorized the appropriate City officials to execute the mediated settlement agreement on an assessment appeal for the 2003 Vierling Drive improvement, Project No. 2002- 4 with Cal and Sharron Haasken. (Motion carried under the Consent Agenda.) JooslLehman moved to authorize the appropriate city officials to enter into the 4P A WS Animal Control contract. (Motion carried under the Consent Agenda.) Ed Schwaesdall, Fire Chief, addressed the Council members concerning the acquisition of a heavy rescue vehicle and replacement of the Assistance Chief struck. Chief Schwaesdall noted that a heavy rescue vehicle is being replaced by a medium rescue vehicle. Therefore a heavy rescue wouldn't be needed and the price will go down significantly. A grass rig will be replaced and extra manpower will be accommodated with the 4-door unit. Chief Schwaesdall noted that several other departments are going with the 4-door vehicle and would be more economical overall. Cncl. Menden recommended replacing the 2000 Ford Ranger earlier than in 2008 as it seems that the Ranger can be used for other applications. Chief Schwaesdall suggested replacing the Ranger sooner than 2008 since it has been a hindrance in that it is small and only two firefighters can ride in it. In addition, it is not a safe vehicle to block traffic with. The grass rig should be 4- door crew cab with full box to allow more flexibility with increased staffplus all the equipment. Cncl. Joos asked, given the cost, if there was any way to make the purchases more cost effective. He also asked if there was any way to reduce other costs. Chief Schwaesdall indicated that trying to extend the lifetime of a vehicle would bring maintenance issues into play. Chief Schwaesdall continued that the grass rig only has 12,000-13,000 miles which under normal circumstances isn't a lot but they are hard miles due to off-road use. He then suggested using the old grass rig as a utility vehicle (e.g., equipment hauling), Mr. McNeill summarized what had been decided from the discussions. It was agreed that the Chief Schwaesdall would shift his equipment purchases: Shift from heavy to medium rescue in 2006 and change the 2008 Chief's vehicle (Ranger) to 2007 and the 2007 Dodge to 2008. Cncl. Helkamp requested that the medium rescue vehicle be ordered prior to the price change. Mr. McNeill indicated that the process is underway. JooslLehman moved to authorize the hiring of Trevor Geis, Tom Breeggemann and Nathan Theis as firefighters on the Shakopee Fire Department, subject to the standard one-year probationary period. (Motion carried under the Consent Agenda.) Joos/Lehman moved to approve the applications and grant a wine license and on-sale 3.2 percent malt liquor license to Bounkong Yabandith, dba Thailand View Restaurant, 1135 East First Avenue. (Motion carried under the Consent Agenda.) Official Proceedings of the September 20, 2005 Shakopee City Council Page -7- Joos/Lehman moved to direct that City employees be authorized to participate in the Community Playground build, with the restrictions outlined in the September 16,2005, memo from Mark McNeill, City Administrator. (Motion carried under the Consent Agenda.) (Document No. 392) Mark McNeill, City Administrator, addressed the Council regarding an amendment to the contract with Carroll, Franck & Associates to increase the contract amount from $30,000 to $36,000. Mr. McNeill indicated that the most recent invoice in the amount of $2,522 caused the contract to exceed the original amount. Mr. McNeill requested that the Council amend the contract to allow the $2,522 to be paid as well. Mayor Schmitt asked that if, by amending the contract, it would bring the project to final report. Mr. McNeill answered that the amended amount would cover another meeting and a draft final report to present to. advisory boards and Council. Based on those comments, it would then go back to Carroll for a final product. Cnc1. Helkamp requested that completion ofthe project should be guaranteed by the vendor. If this. cannot be guaranteed, Council would like another discussion. Mr. McNeill indicated that Carroll et al has completed a lot of work that the City hasn't been billed for in that there was an issue that staff hadn't delivered everything required at the onset of the project. Cnc1. Joos indicated pleasure with the project so far. CncL Lehman indicated he is hesitant to spend tax money on another layer of bureaucracy. Cnc1. Helkamp felt that the City should have the end-product that was contracted for. Mayor Schmitt added that the final report produced by Carroll et al must be a workable document. Joos/Menden moved to authorize to amend the contract with Anne Carroll, Carroll, Franck & Associates, for a total compensation not to exceed $36,000. Motion carried 4-1 with Cnc1. Lehman dissenting. Joos/Menden moved to approve the payment ofthe $2,522 invoice to Carroll, Franck & Associates. Motion carried 5-0. Discussion ensued on increasing the salaries for the mayor and city council members. LehmanlJoos offered Ordinance No. 737, Fourth Series, Amending City Code Chapter 2, Section 2.13 Pertaining to the Salaries of Mayor and Councilpersons, and moved its adoption. Motion carried 4-1 with Cnc1. Menden dissenting. Joos/Menden moved to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:47 p.m. WJtJ.~ ~dith s. Cox Andrea Bortness ity Clerk Recording Secretary