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HomeMy WebLinkAbout7. Approval of Minutes: December 16, 2003 , OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SEUUKOPEE,NUNNESOTA DECEMBER 16, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Link, Joos, Lehman and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, .city Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Gregg V oxland, Finance Director; Mark Themig, Facilities and Recreation Director; Brad Eller, Recreation Supervisor; Dan Hughes, Chief of Police and Terry Stang, Fire Chief. Also Present: Mayor-Elect John Schmitt and Council member-Elect Steve Menden. The pledge of allegiance was recited. JooslHelkamp moved to approve the Agenda as written. Motion carried 5-0. The Executive Director of the Scott County Housing and Redevelopment Authority (HRA), Bill Jaffa, noted that the Scott County HRA had been honored with a certificate from the Minnesota Housing and Finance Agency for the Urban Village project in Shakopee and he wanted to recognize the City's contribution as a partner in this successful development. Mr. Jaffa thanked Mr. Loney, Public Works Director/City Engineer, and Mr. Leek, Community Development Director, for their help with this project. He noted that he had a copy made of the Excellence in Development Certificate that Scott County Housing and Redevelopment Authority received. Mr. Jaffa presented this Certificate to Mayor Mars on behalf of the City for the partnership that the City enjoyed with the HRA on the Bluff A venue Urban Village project. Mayor Mars introduced Officer Cody Horner, who explained the phases of the Crime Free Multi- Housing program. Mayor Mars presented the completion certificate of the Crime Free Multi- Housing program to Scott County HRA. Mayor Mars noted that this policy for a Crime Free Multi Housing program began in 2002. Officer Horner noted that this was the first property certified in the City of Shakopee; he noted with this program the number of police calls to multi- housing units had been decreased and a safer City was a result. encl. Lehman also thanked Officer Horner for all his excellent crime prevention work. Mayor Mars thanked the citizens of Shakopee, the City Council members and City staff for all their help while he was the Mayor for the City of Shakopee. The following items were removed from the Consent Agenda. 15.B.1 2004-2005 Electrical Inspector Contract; 15.B.2 Purchase of Computer File Servers; 15. C.3 Authorization of Speed Limits for 17th Avenue and Independence Drive; 15.D.l Haz-Mat Decontamination Trailer; 15.D.2 Fire Department Officers and Salary Rates for 2004 and 15.F.8 Parking Restrictions During Construction at the County Jail Site. Helkamp/Link moved to approve the Consent Agenda as modified. Motion carried 5-0. Official Proceedings of the December 16, 2003 Shakopee City Council Page -2- Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. Craig Ballard, Owner of Salon St. John, 705 151 A venue East, approached the podium to discuss background checks for his type business. He noted he had already gone through a background check. He thought he was being selected out. He was opposed to the background check but if he needed to have one done then everyone in his type business should be required annually to have a background check and they also needed to pay the fee. Mr. McNeill, City Administrator, noted that Mr. Ballard let his license lapse and that was why he needed another background check, otherwise all permits for this type business were renewed without a background check annually if the license was current. (Note: Mr. Ballard was referring to a massage center license) HelkamplLink moved to approve the meeting minutes for November 5 and 18,2003. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the bills in the amount of $760,074.93 plus $112,282.21 for refunds, returns and pass through for a total of$872,357.14. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Mayor Mars opened the 2003/04 tax levy and budget public hearing. Mr. Voxland, Finance Director, noted that the budget process for 2003/04 had been a long process this year due to the financial constraints of the State being transferred to the local government. He noted there had been a public hearing on December 1, 2003 for Truth and Taxation and the Tax Levy and Budget. Mr. V oxland stated there were no public comments at that public hearing. He noted that the City tax rate had been lowered from 33.8 percent to 32.16 percent. The City's proposed tax rate was the lowest in Scott County and had been for several years. Prior Lake had the closest tax rate to the City of Shakopee' s proposed tax rate at 34.4 percent. The actual budget revenues went from $10.7 million in 2003 to $10.9 million in 2004 and the , expenditures were going from $10.9 million in 2003 to $11.7 million in 2004. The operating deficit between revenues and expenditures last year was about $170 thousand and this year the operating deficit between revenues and expenditures was almost $800 thousand dollars. The transfer ins from other sources went from $1.2 million to $1.3 million. Last year (2003) there was a plan surplus of$12,000 in the original budget. This year (2004) the City was planning on using $413,000 out of fund balance from 2002. Mr. Voxland noted 95% of the tax dollar went for City operations and the balance went for City debt service. In 2004 the debt service would be up slightly. Mr. V oxland noted there was a 9.4 percent increase in the actual amount of dollars being levied this year over last year. The largest increase in expenditures was for public safety Official Proceedings of the December 16, 2003 Shakopee City Council Page -3- (police, fire, inspections). The revenues were pretty stable. The estimated impact on the average residential property was about a 6.1 percent increase in their taxes. Mayor Mars asked for comments from the public. There was no response. Lehman/Helkamp moved to close the public hearing. Motion carried 5-0. Lehmani Link offered Resolution No. 5975, A Resolution Setting the 2003 Tax Levy, Collectible in 2004, and moved its adoption. Motion carried 5-0. Lehman/Helkamp offered Resolution No. 5989, A Resolution Adopting the 2004 budget, and moved its adoption. Motion carried 5-0. Mr. Themig opened the discussion ofthe proposed Teen Center. He noted that Brad Eller, Recreation Supervisor, leading the Teen Center Concept would present information on the Teen Center. Mr. Brad Eller, Recreation Supervisor, noted since the October meeting staff had taken the Council's direction and staffhad received more information and staffhad researched some operating policies of other teen centers. He noted that there had been two meetings with teen involvement at the Shakopee Com.munity Center. He noted at the "Battle of the Bands" held at the Shakopee Community Center a letter of support for the Teen Center was signed by 210 teens. Mr. Eller stated in researching other teen centers he basically created a framework for operating procedures that he would like to see used for the teen center. Mr. Eller noted what some ofthe operating procedures would be. He also noted what some of the teen programs might be. He noted many of the teen center programs would be offered through partnerships. He had several contacts for possible partnerships. He noted what he expected the start up costs to be. He stated that the teen center would rely completely on fund raising for the start up costs. He figured it would take $10,000 to open the doors. He figured there would be $25,000 in operating costs annually for staff and equipment. He looked at the current revenue sources at the community center and revenue sources of other teen centers. He noted the revenues he projected basically covered the expenditures of the teen center. Mr. Eller stated that a Teen Advisory Board would run the teen center. Other teen centers operated this way and it worked great. There would be adults that would provide leadership to the Board. Mr. Eller explained how other teen centers were organized. He reported there were other teen centers located in community centers and there were some stand alone teen centers. Mr. Eller noted that staff would like to proceed with the teen center once a minimum donation of $10,000 was raised for the teen center. Mr. Eller noted that staff would also like to see the creation of the Teen Advisory Board so the operational aspects of the teen center could be decided. Official Proceedings of the December 16, 2003 Shakopee City Council Page -4- Mayor Mars asked about the teens signing in or scanning in. Mr. Eller addressed those questions. Mayor Mars did think it was necessary to have the youth involved. He thought this would help with the ownership and behavior problems. Cncl. Lehman and Cncl. Link talked about the $25,000 annual operating costs. Cncl. Link would like to see the teens have one major fundraiser each year to offset the operating costs. Cody Anderson, 5th and Sommerville, approached the podium and noted he thought the teen center was a great idea. Mayor Mars asked Cody ifhe was comfortable having 12th graders at the teen center with him. Cody was a 6th grader and stated that he really didn't care if 12th graders were present. He noted what he would like to do with the room at the community center. Mayor Mars wanted to see all teens comfortable at the teen center. Kim Hennen approached the podium and noted she would like to see the teen center happen. She noted that she thought the youth would be supportive of the teen programs. She thought perhaps the adult supervisors and the Teen Advisory Board would keep the behavior problems to a minimum. Link/Lehman moved to authorize staff to proceed with the creation of a teen center using the multi-purpose room at the Community Center once minimum donations levels have been met. Cncl. Helkamp and Cncl Joos were very much in favor of having a teen center. Cncl. Joos noted zero tolerance at the teen center was zero tolerance. Mayor Mars was supportive of the teen center too. Motion carried 5-0. Helkamp/Link moved to authorize staff to create a Teen Advisory Board that would provide direction to staff for establishing and operating the teen center. Motion carried 5-0. Cncl. Lehman directed staff to work on an ongoing funding source for future operational costs or reallocation within the Park and Recreation budget for ongoing operation costs. He would like this studied and a proposal bought back. This was fine with all the Council members. Cncl. Lehman noted the he and Cncl. Joos met with the Railroad Study Committee and noted there were many issues; there would be another meeting. He noted he spoke with State Representative Beard on the State levy freeze on the total dollar amount and they were having a fairly good discussion. Cncl. Joos noted that there were a lot of issues with the Railroad Study Committee. Shakopee was somewhat unusual to other communities. The Railroad Study Committee was trying to come to grips with the City's point of view as well as the Railroads point of view. What the railroad wanted to do really was all about safety. He noted that he also attended the School Official Proceedings of the December 16,2003 Shakopee City Council Page -5- Board meeting. Their important issue right now was the bond referendum coming up in February. Cncl. Helkamp noted that he attended a Scott County Alliance for Leadership and Efficiency meeting where Commissioner Mackleroy, Finance Commissioner for the State, gave a talk; Cncl. Helkamp did have a press release for the Council if they wanted to see it. Cncl. Helkamp also noted that he attended a Chamber of Commerce board meeting and reviewed financials as well as the Chamber's plan of action for 2004. The Chamber did quite well with their budget for 2003 and they did have an approved budget for 2004. Cncl. Helkamp noted that he attended a Transit Review Board meeting with Scott County. He noted at this meeting the Metropolitan Council gave a presentation of funding for transit. He noted the revision of the by-laws were approved by the Transit Review Board. This revision pertained to the operation ofthe Transit Board. Cncl. Helkamp noted that he met with Shakopee Public Utilities Commission (SPUC) regarding the purchase of the SPUC property where the existing building was located. Mr. Leek, Community Development Director, noted that the picture looked pretty good for operation funds that come from the MVET funds for transit. He noted the City was on the list for bus replacements within the next two to three years and the City was on the list for funding for a transit hub but that funding was quite far out. Mr. Leek noted the City would like to position itself much sooner for a transit hub before the opportunities went away. He noted that a request for proposal (RFP) was talked about for putting together a 5 year, 10 year and 20 year service plan for Scott County transit providers including the 35 corridor. It was felt that this type proposal would put the City in a better position for transit hub funds. Mr. Themig noted that John Davis, from the Prior Lake Water Ski Association, would be giving a presentation on the Aggregate Industries Quarry. Mr. Themig noted that right now this was just a concept. Mr. Themig noted Aggregate Industries quarry was a restored quarry site located just south of Raceway Park and north ofHwy 169. Mr. Themig noted at this point the Prior Lake Water Ski Club was looking for partners who would be interested in the Aggregate Industries quarry site. Mr. Themig noted that the Park and Recreation Advisory Board (PRAB) considered this presentation at their last meeting and was quite enthusiastic about the possible partnership. The PRAB recommended that discussion regarding the possible partnership with the Prior Lake Water Ski Club be continued so some issues could be resolved. Mr. Davis, from the Prior Lake Water Ski Association, approached the podium to give his presentation. He noted the various industries/businesses near the site and where the City's planned greenway was in relation to this site. He noted it was increasingly difficult for show and competition water skiers to find quality places to perform their events on public lakes. The Prior Lake Water Ski Club needed a practice, show and competition site. He noted Aggregate Industries continued to have some industrial uses at the mining site but the area of this Lake was done operating as a mine. There were 40 feet of crystal clear water in a very attractive location. Mr. Davis noted that Aggregate Industries would be open to a sale or donation proposal from a Official Proceedings of the December 16, 2003 Shakopee City Council Page -6- non-profit organization or from a public entity. Aggregate Industries would like to see an integrated plan for multiple complimentary uses of this resource without disturbing the ongoing business operations of the nearby industries. Mr. Davis noted he had been talking with a number of potential partners including City staff. Mr. Davis noted that the Prior Lake Water Ski Association was a 501C3 non-profit organization. He noted that the Prior Lake Water Ski Association put on family oriented water shows throughout the area. Right now they had a licensed agreement with Aggregate Industries that stipulated only members could use the site. He noted they had a two-fold vision. This vision was: 1) a park like entity with amenities coming from the greenway and 2) an attraction for the Shakopee area. The Prior Lake Water Ski Association would like to use the surface of the water, nearly full-time, for new family-friendly Shakopee attractions. He explained what type events could possibly be held by the Prior Lake Water Ski Association. He stated the Prior Lake Water Ski Association was talking to the City of Shakopee, Outdoor Heritage Educational Center (OHEC), Excel Energy and the DNR (3 separate areas of the DNR) about possible partnerships. He noted some other possible uses for the land and water. Right now he wanted to put together a proposal for complimentary uses for the site that could be proposed to Aggregate Industries proposing that Aggregate Industries should donate the land to the Prior Lake Water Ski Association because they were a non-profit organization. He was asking for general support of the Council to continue to work with staff to put something together that could be proposed to Aggregate Industries. Mr. Themig had some photos of the site that he showed via the document camera. He noted the site itself was about 80 acres. It was noted there were some items that needed to be worked out. It was thought right now the largest obstacle was getting access to the site. Mr. Davis stated that the Prior Lake Water Ski Club would be willing to pay for 100 percent of the water related improvements made to the site. Cncl. Joos noted that he would like to see a financial statement from the Prior Lake Water Ski Club regarding their resources and insurance. He wanted to make sure that the Prior Lake Water Ski Club could afford this venture. Mr. Leek spoke to the issue of access to the site. He noted there were a couple of options for access. Mayor Mars noted that this was a unique piece of property and there would/could be many combinations of uses. Cncl. Helkamp thought the City should be very interested in future involvement with this site; he could see much potential for this site. Cncl. Lehman and Cnc1. Link agreed with Cncl. Helkamp and Cncl. Joos stated in addition he was leaning towards having Official Proceedings of the December 16, 2003 Shako pee City Council Page -7- the City owning the land rather than a private entity. Mayor Mars encouraged going to the next step with this project. Mr. Themig reported on the Sports Association Agreement. Mr. Themig noted background checks for the sports association volunteers had been an issue. He noted this Sports Association Agreement was accepted by most of the sports associations. Mr. Themig also addressed the background checks for the sports associations for volunteers. Mr. Themig noted that a number of issues had been addressed with the sports associations in the Sports Association Agreement. These issues were: 1) the sports association relationship with the City [how they are related to the City], 2) liability insurance, 3) background checks for association volunteers, 4) workers compensation and 5) forming a multi-sports association. Mr. Themig noted that it was recommended by staff to approve the Sports Association Agreement and then staff would continue to work on the multi sports association with the existing sports associations. Cncl. Joos asked if the City would be better served by having an outside agency do the background checks because the cost appeared to be lower with an outside agency. Mr. Themig explained the agreement between the Police Department and the City regarding the background checks and why the PRAB preferred to have the Police Department do the background checks. Jim Thomson, the City Attorney, stated that he did review the Sports Association Agreement. He noted there were a couple of points that might be tweaked slightly. One of theses points regarded workman's compensation. Right now the City Council was just approving the frame work of the agreement not the agreement itself. Mr. Themig noted that the League of Minnesota Cities was using the City of Shako pee's draft form of the Sports Association agreement as a sample for other City's to follow. Helkamp/Link moved to adopt the Agreement for Youth Sports Association Affiliation with the City of Shakopee subject to City Attorney approval. Cnc1. Lehman stated he would like to hear from the sports associations. Dave Greening, 1198 Tyler Street, representing the Shakopee Girls Basketball Association, approached the podium and noted his focus was to get the working knowledge of the particular sports association written down. He agreed with the Sports Association Agreement. He thought it was as good as it could get right now. Motion carried 5-0. Link/Helkamp moved to authorize the use of the Shakopee Police Department for completing criminal history background checks as needed as long as the Police Department did not incur any overtime when doing these background checks. Official Proceedings of the December 16, 2003 Shakopee City Council Page -8- Cncls. Joos wanted it understood that the scope of the backgrounds checks did not include using any overtime from the Police Department. This item was deferred until later in the evening. Mr. Schmitt, 1015 Main Street, approached the podium and asked if there was something in place to pull the Haz-Mat decontamination trailer if the trailer was needed in an emergency. Cncl. Lehman and Cncl. Helkamp addressed this question. Lehman/Joos moved to accept and stationary the Haz-Mat Decontamination Trailer from FEMA. Motion carried 5-0. Cnc1. Lehman felt this issue of compensation to a firefighter was an equitable/fairness issue. He was concerned about the fIrefighter leaving a $20.00 per hour job and coming to fight a fire for $9.00 an hour. He just did not think the pay increase to $9.00 was equitable. Cnc1. Lehman stated he would like to see a $2.00 per hour increase for 2004 rather than a $1.00 per hour increase in 2004 and a $1.00 per hour increase in 2005. Mr. McNeill, City Administrator, noted the budget impact would be about $20,000 for the addition dollar increase in 2004. Mr. McNeill noted this could be accommodated within the 2004 budget. LehmanlLink offered Resolution No. 5991, A Resolution Adopting The 2004 Pay Schedule For The Elected Officials And Fire Department Employees Of The City Of Shako pee, and moved it adoption with the modification to reflect a $2.00 per hour increase in 2004 to $10.00 per hour and no increase in 2005 with the sentence being struck noting a pay increase in 2005. Motion carried 5-0. Mr. Hughes, Police Chief, approached the podium and spoke to the matter on Police Department doing background checks on sports association volunteers. Chief Hughes noted non-sworn staff was used to do background checks if at all possible. Chief Hughes noted that if the background checks became a burden to the police department and they could not be done effectively and efficiently by the Police Department the background checks could be farmed out so they would be done efficiently and effectively. Motion carried 5-0, on the motion that was deferred earlier. HelkamplLink moved to authorize a two-year agreement with the Shakopee Hockey Association for arena advertising. (Motion carried under the Consent Agenda). HelkamplLink moved to authorize the renewal of the agreement with Shakopee Youth Hockey Association to operate the Shakopee Ice Arena concession stand through August 31,2005. (Motion carried under the Consent Agenda). Official Proceedings of the December 16, 2003 Shakopee City Council Page -9- Ms. Cox, City Clerk, reported on the massage therapist licenses. She noted that Council was being asked to consider whether or not to dispense with the licensing requirements for massage therapists who work for and under the direction ofa licensed massage center. Ms. Cox noted that on May 20, 2003, City Council directed staff to prepare an ordinance incorporating a number of changes to the City's regulations for massage therapy. The requirement that massage centers as well as massage therapists still needed be licensed was included in the new ordinance. Ms. Cox noted it was recommended that no changes be made to the license requirements for massage center and massage therapists and the City continue to license massage centers and massage therapists. Ms. Amy Snyder, representing Knead it or Knot Massage and Bodywork, 205 South Lewis Street, approached the podium and explained her position today. She felt her massage therapists should fall under the massage center's license. She noted she was facing cumbersome regulations and double standards as she tried to expand her business. She felt her business was being targeted. She wanted a fair and equal playing field. These requirements were making it hard for her to staffher massage center and remain competitive. She passed out material to the City Clerk and to the Council. She pointed out the fees varied drastically and her massage therapists, as well as her massage center had to be licensed with the City. She stated other business managers were responsible for the people they hired - why was her massage business not treated the same. She noted for most of the massage therapists this was only a part-time job and the City was asking a lot of these people financially. Ms. Snyder noted that right now the State of Minnesota was not requiring massage therapists to be licensed. Right now it was up to the individual municipalities. Many municipalities did not have this licensing requirement and those cities were not full of crime. Cncl. Joos noted that there were inconsistencies between similar businesses. He thought there should be consistency across the board. Cncl. Helkamp did not see a need to continue with the ordinance. This issue was constantly coming up before the Council and was a burden to the taxpayer. The residents are very capable of regulating the business themselves. Mr. McNeill stated that staff thought it was better to err on the side of caution, if there was more information that the Council would want, he would provide that information (i.e. surveys from other cities). City staff did have survey's from regulated as well as unregulated cities for massage centers and massage therapists. Cncl. Lehman was not in favor of scraping the whole ordinance but he did agree there needed to be some changes. He would like to see the massage center still be required to be licensed and he agreed with the background check on the owner/operator, but he also agreed that the owner/operator should be responsible for their employees. Cncl' Lehman noted that if a massage center was doing a shady business the leverage for the City was to revoke the license. The City did need some leverage it was felt by Cncl' Lehman. Helkamp/Joos moved to direct staff to eliminate the Ordinance that regulates massage centers and massage therapists in its entirety. Official Proceedings of the December 16, 2003 Shakopee City Council Page -10- Mr. Thomson, City Attorney noted the reason that massage centers and massage therapists were treated different from other businesses was that the other businesses i.e. chiropractic clinics and sports clinics were licensed by the State. Mayor Mars noted Ordinance No. 670 had many hits against it and there was some unevenness in the ordinance but he wasn't ready to abolish the ordinance in its entirety. He would like to see Ordinance No. 670 uniform and consistent. Motion carried 3-2 with Mayor Mars and Cncl. Lehman dissenting. Mayor Mars recessed the meeting at 9:30 p.m. Mayor Mars re-convened the meeting at 9:35 p.m. Mr. Themig reported on the Fitness Expansion and Gymnastics reorganization. He noted when the community center was originally designed it called for all the cardio and strength training equipment to be located in a common hallway. One of two storage rooms had been converted to accommodate some of that equipment. Things have remained that way since 1995 when the building was opened. Most of the equipment was from 1996 & 1998. Six additional pieces of cardio/fitnessequipment had been purchased earlier this year, and this equipment was extremely popular with the current members. Mr. Themig noted there was a large gymnastics room that was approximately 5000 square feet. That room was designed specifically for gymnastics. He noted that this room had also been used for the aerobics program but that combination did not work very well and aerobics was moved elsewhere. Staff was proposing to convert the gymnastics room over to a cardio and strength training area and a modified gymnastics program and aerobics could use the multi-use space. Cncl. Helkamp met with Mr. Themig to survey the community center and see its needs. Mr. Themig noted that cardio and strength training was one of the most requested enhancements to the community center. Cncl. Helkamp suggested that perhaps there be more exercise equipment. It was also suggested that leasing be looked at as a possible option to buying equipment. Mr. Themig did research this leasing idea and found that there were only lease to buy options available; there were no lease to return options. It looked like purchasing out right was the best way to go. Mr. Themig went over the community survey needs with the Council. The amenity that the public wanted the most was an indoor water park and cardio and strength training.came in second. Mr. Themig noted some other community centers in the area that had put on expansion space for a cardio strength training area. Mr. Themig noted the new equipment that he hoped to purchase for the cardio strength training area and why he wanted to purchase this type equipment. Mr. Themig noted that he was only interested in purchasing two more pieces of cardio equipment at ) Official Proceedings of the December 16, 2003 Shakopee City Council Page -11- this time, because six pieces had been purchased earlier this year; the equipment he suggested was mainly for fitness. Some of the present equipment was getting towards the end of its life expectancy. With this cardio/fitness concept there would be an impact to the gymnastics program. Currently, gymnastics programs where being offered for toddler/parent thru the intermediate level. What the community center was fmding out was that the attendance dropped significantly because there was no place to go after the intermediate level. There was no attraction for the gymnastics to continue once a certain level was reached. Sherry Dvorak, Recreation Supervisor, came up with a restructured program for the gymnastics program that focused on pre-school and tumbling using only the core pieces of the City's gymnastics equipment. Mr. Themig noted the expenditures to make this concept happen would be about $35,000. The equipment would be about $27,000. Mr. Themig stated that the proposed fee increases could only be justified if enhancements were provided for the community center; based on the present membership, those memberships alone would bring in $27,000. Ifmore memberships were gained then the revenues to the community center would be increased. Link/Joos moved to approve the concept of restructuring the gymnastics program and re-use of the gymnastics space as a fitness and gymnastics space. Cnc1. Helkamp thought there needed to be a discussion soon on just what the residents of Shakopee wanted their community center to be. Right now the community center was not very marketable. Motion carried 5-0. Link/Helkamp moved to approve the purchase of cardio and strength training equipment from Push Pedal Pull in the amount of $27,894, and authorized the additional purchase of weight stack equipment for $2,800 - $3,000. Cncl. Helkamp thought it would be wiser to spend the extra money and get the stacking fitness machines. This equipment would be safer for the users. Motion carried 5-0. Mr. Schmitt addressed the 2004/2005 Electrical Inspector Contract. He wanted to know what the City had done previously in 2003/2004. He wanted to know what kind of money the City was committing to. Mr. Leek addressed this issue. The average for the past two years had been around $95,000 yearly. The fees for the Electrical Inspector Contract were set by the State. The City pays the inspector 80% of the fees collected. Official Proceedings of the December 16, 2003 Shakopee City Coun'Cil Page -12- Lehman/Joos moved to authorize the appropriate City officiates to execute the electrical inspections contract with Terry Kominga for the years 2004 and 2005. Motion carried 5-0. Joos/Lehman moved to authorize City staff to purchase computer server equipment (three servers, external storage equipment, a tape back-up unit, and communication equipment) in an amount not to exceed $35,550 from budgeted MIS funds. Motion carried 5-0. Mr. Loney reported on the feasibility reports for possible 2004 projects. Mr. Loney noted that City staff had looked at their project load for 2004 and had done an analysis for the Capital Improvement Plan (CIP). There were some projects that Mr. Loney felt would be beneficial to take a look at now. These were: 1) the extension of Valley View Road from the east plat line of Greenfield Addition to County Road 83 [there was a definite need to connect 171h A venue or Valley View Road to County Road 83 because of the amount of traffic generated by developments]; 2) 2004 Rural Street Reconstruction of Maxine Circle, Marcia Lane and 291h Avenue within Weinandt Acres 1 st Addition [these roads have just fell apart]; 3) bituminous pavement preservation on the Prairie View Subdivision streets located south of 10lh A venue and west of Apgar Street and 4) possible mill and overlay for Shumway Street from 10th A venue to McDevitt Street [this was in the 1997 CIP but never concluded because only five of the six projects were completed due to funding; Mr. Loney stated that the feasibility study for Holmes Street from 3cd to 10th A venue was authorized in 2001 but still was not done - now there was a bad sanitary sewer main from 7th and Holmes to 10th and Holmes that needed replacement [and some of the water mains in that area needed to be looked at] and Mr. Loney would like the Tahpah Park parking lot pavement reconstruction project [this project needed to be done for safety reasons] considered as part of the Valley View Road study for bonding purposes. Lehman/Helkamp offered Resolution No.5994, A Resolution Ordering The Preparation of A Report For Improvements To Valley View Road, From The East Plat Line Of Greenfield Addition To County Road 83 And For Tahpah Park Improvements, and moved its adoption; offered Resolution No. 5995, A Resolution Ordering The Preparation Of A Report For Improvements To Maxine Circle, Marcia Lane, And 29th Avenue Within Weinandt Acres 1st Addition, and moved it adoption and offered Resolution No. 5996, A Resolution Ordering The Preparation Of A Report For Improvements To Pierce Street, Shumway Street, McDevitt Street, Thomas A venue, Hennes A venue, Menke A venue, Menke Circle; South Of 10th A venue And West Of Apgar Street And North Of West wind Addition, and moved its adoption. Mr. Loney stated 17th A venue was of a higher priority than Valley View Road to connect to County Road 83 but the assessments because of development was spurring the study of Valley View Road. Motion carried 5-0. . Official Proceedings of the December 16, 2003 Shakopee City Council Page -13- Lehman/Helkamp moved to authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. for surveying services and other engineering services, as needed for the preparation of these feasibility reports and moved to authorize staff to obtain soil borings for the preparation of these feasibility reports. Motion carried 5-0. Mr. Loney reported on the remodeling work for the existing public service building that really needed to get done. Now that the Police Department had moved to their new building, the Public Works Department was in dire need of some of this space. Mr. Loney noted that in the 2003 budget, $175,000 had been included for remodeling and additional funds ($125,000) had been requested in the budget for 2004. He noted much of the remodeling he was requesting could be done with the Public Works Department now. He thought he would need about $15,000 to $25,000 to do the work that needed to be done now. He thought there would also be approximately $12,000 additional for the Public Works Departments labor. Cncl. Lehman questioned the access to the building. Mr. Loney addressed this question. Lehman/Joos moved to authorize $25,000 out of the Building Fund for the purpose of remodeling the Public Works Building in the area that the Police Department had vacated, as shown in the drawings attached to the 12/16/03 memo from Mr. Loney. (CC Document No. 339) Motion carried 5-0. Mr. Schmitt had his question regarding the speed limits for 17th A venue and Independence Drive answered before the meeting. Lehman/Helkamp moved to authorize staff to install 35 mph speed limit signs on 17th Avenue, from Dublin Lane to Independence Drive; and on Independence Drive, from 17th A venue to Valley View Road. Motion carried 5-0. Mr. Loney reported on the condemnation proceedings for easement acquisition for 2003 reconstruction, Project No. 2003-3. Mr. Loney noted this project was being done because the streets were in bad shape, long overdue, and utilities to the new Shakopee Public Utilities (SPUC) building needed to be brought in. SPUC was expecting to move into their new office building in August; this project needed to get going, right-of-way needed to be obtained. Mr. Loney noted eleven parcels needed to be negotiated with to obtain needed right-of-way. There was an assessment agreement with one of the parcels and some of the other negotiations with various parcels were very close. Because a date certain needed to be met, Mr. Loney was requesting Council to pass Resolution No. 5993 so the condemnation process could be started and to authorize staff to continue the negotiations with the landowners of the property subject to the condemnation proceedings. Mr. Loney stated that these improvements were absolutely necessary for the new Shakopee Public Utilities Building. . Official Proceedings of the December 16, 2003 Shakopee City Council Page -14- Lehman/Helkamp offered Resolution No. 5993, A Resolution Of The City Of Shako pee, Minnesota, Determining The Necessity For And Authorizing The Acquisition Of Certain Property By Proceedings In Eminent Domain, and moved its adoption; and, staffwas directed to continue negotiations with the property owners. It was noted by Cncl. Lehman that this condemnation process was necessary for a public service building. Mr. Loney noted that he would let the Shakopee Public Utilities Commission know that the City expected the easements on their property, that were needed for this purpose, to be dedicated. Motion carried 5-0. Helkamp/Lehman moved to ratify the election of the officers of the Shakopee Fire Department for 2004 as outlined in the December 10, 2003 memo from Marilyn Remer, Payroll/Benefits Coordinator. Motion carried 5-0. (CC Document No. 340) Helkamp/Link moved to hire Scott Blom, Scott MacKinnow, Wayne Senst, Jonathan Wamsley, Adam Ries, Vance Campbell, Dustin Dahlberg and Michael Ferdinand for a one-year probationary period upon successful completion of a Background Check, Physical and Psychological Evaluations. (Motion carried under the Consent Agenda). Helkamp/Link offered Resolution No. 5992, A Resolution Adopting The 2004 Part-Time Pay Plan For The Non-Union Part-Time Employees Of The City Of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the application and grant a massage center license to Amy Snyder, Knead It Or Knot Massage and Bodywork, 205 South Lewis Street. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the application and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Pearson, DRM LLC of Shako pee, dba Excel Pawn, 450 West 1 st A venue. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the application and grant a Pawnshop License to PawnXchnge LLC, 1133 Canterbury Road with the condition that the errors to the daily reports are corrected by Aprill, 2004. (Motion carried under the Consent Agenda). . . Official Proceedings of the December 16, 2003 Shakopee City Council Page -15- Helkamp/Link moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Smith and Sherri Marzario, PawnXchange LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the application and grant a Taxicab License to Oscar Salas, Shakopee Taxi, contingent upon meeting all requirements of the City Code. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the applications and grant a Tattoo License to Linda Malone, Body Art, 205 South Lewis Street, and to Susan Prince, Center of Permanent Cosmetics, 287 South Marschall Road, contingent upon meeting all requirements of the City Code. (Motion carried under the Consent Agenda). Helkamp/Link moved to approve the issuance of a Tattoo Employee License to Nicholas Kurian at Body Art, 205 South Lewis Street, contingent upon meeting all requirements of the City Code. (Motion carried under the Consent Agenda). Helkamp/Link offered Resolution No. 5990, A Resolution of the City Of Shakopee, Minnesota, Approving Premises Permit For CLIMB, and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Link moved to direct staffto advise those individuals whose terms are expiring on boards and commissions that they are eligible for reappointment. (Motion carried under the Consent Agenda). Helkamp/Link moved to announce the City will be advertising and accepting applications from Shakopee citizens for boards and commissions beginning in January. Applications may be obtained at the City offices during regular hours or if requested they can be mailed. (Motion carried under the Consent Agenda). Mr. Schmitt commented on the parking restrictions during construction at the new County Jail site. Mr. Schmitt was concerned about pulling all the parking restrictions off this site. He suggested posting the site as a construction zone with construction zone parking only. He thought if this parking were opened up, there would be chaos for the next two years. Mr. McNeill suggested that this issue be tabled and Mr. Fehr, Facilities Manager for Scott County, who authored this request have time to follow-up on Mr. Schmitt's suggestion or to work something else out and to be present at the next City Council meeting when this issue would be discussed again. Cncl. Helkamp noted where the parking restrictions needed to be removed. . Official Proceedings of the December 16, 2003 Shakopee City Council Page -16- It was thought that it was the protection ofthe vehicles around the site that was the problem. Joos/Helkamp moved to table this issue. Motion carried 5-0. Helkamp/Link moved to approve the renewal of the workers compensation with the League of Minnesota Cities Insurance Trust for a deposit premium of$126,938. (Motion carried under the Consent Agenda). HelkamplLink moved to authorize the payoff of special assessments on the police station site for parcels 27~080002-0, 27-906032-0 and 27-118001-0, code 121 in the amount of $87,027.06 from the Building Fund. (Motion carried under the Consent Agenda). Helkamp/Link moved to authorize the appropriate City officials to execute Change Order No.5 in favor of Westra Construction Company in the amount of$17,699. (Motion carried under the Consent Agenda). Helkamp/Link offered Resolution No. 5997, A Resolution Of The City Of Shako pee, Minnesota, Approving Premises Permits For Shako Valley Amateur Hockey Association, and moved its adoption. (Motion carried under the Consent Agenda). Mr. McNeill reported on the Shakopee Public Utilities Commission (SPUC) building purchase agreement. He noted that Cncl. Link, Cnc1. Helkamp, Mr. Loney and Mr. McNeill meet with some of the SPUC commissioners and SPUC staff to negotiate for the existing building site (3.9 acres) located at 4th and Gorman. This building is located adjacent to other City building sites and the City did have use for this building site in a City office campus down the road and right now the Public Works Department would be able to use the site when remodeling was completed. Patch and Messner's Appraiser's did an appraisal for the site and stated the existing site had a value of$810,000 (building and site). After negotiations the purchase price was $725,000 that included the existing building. site and building and a one-acre parcel on the far south end of the public works site that had been acquired by SPUC. The City would be buying 4.9 acres for $725,000 and this purchase would allow the City to keep the Public Works Department on that site for the foreseeable future. Cncl. Helkamp stated that he thought this was the best arrangement that the City could get. He felt everyone bargained in good faith. Cncl. Link also thought that this was a good deal for the City. It was noted that SPUC was paying for all environmental issues before or after demolition and there was the possibility that the City could receive money for the old steel when the building was taken down. . Official Proceedings of the December 16, 2003 Shakopee City Council Page -17- Lehman/Link moved to direct that a purchase agreement be drafted by the City Attorney, and that it be presented to the Shakopee Public Utilities Commission for formal acceptance for the purchase of the headquarters building plus the one acre parcel on the far south end of the public works site (4.9 acre total site) for the purchase price of $725,000 located at 1030 East Fourth A venue. This purchase agreement was to be drafted and to come back for review by the City Council at the next meeting. Mayor Mars thought it was a good idea to get this site. Motion carried 4-1 with Cncl. Joos dissenting. Cncl. Joos thanked Cnc1. Link for his service on the City Council for the past eight years and Mayor Mars for all he did for the City as the Mayor for the last two years and all he did for the previous 14 or 15 years as volunteer service to the community on other commissions or boards for the City of Shakopee. Cncl. Lehman thanked Cncl. Link and Mayor Mars also. Cnc1. Link thanked City staff and all the residents of Shakopee. LehmanlMars moved to adjourn sine die. Motion carried 5-0. The meeting adjourned at 10:47 p.m. ~J.~ ~ithS.COX City Clerk Carole Hedlund Recording Secretary