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HomeMy WebLinkAbout7. Approval of Minutes: October 21, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,NUNNESOTA OCTOBER 21, 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; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; Brad Eller, Recreation Supervisor and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. Helkamp/Link moved to approve the Agenda as written. Motion carried 5-0. MayorMarsreported that on October 8,2003, he attended the annual meetingofthe Snowmobile Club. He noted enforcement was a big issue; it was suggested that a police officer attend oneof the Snowmobile Club's meetings. Mayor Mars noted thatfor the past two Fridays he attended the Metropolitan Livable Communities Advisory Committee and noted that this committee wouldinake..final recommendations for the Livable Communities grants fortheJ\.1~tropolitan area in December. Mayor Mars noted that on October 11, 2003, he attended the Special Olympics area nine event that was held at the bowling alley in Jackson Township. Mayor Mars thankedArvid Sornberger for helping to put this tremendous event together. May()rMars noted that he met with Mark Miller, Chair ofthe Shakopee Public Utilities Commission (SPUC), and stressed that SPUC and the City should be working together for the good ofthe residents. Mayor Mars noted that Jim Grampre, Building Official for the City of Shakopee, held a residents workshop for finishing off basements. He noted that this workshop was extreme1ywell attended and was a tremendous effort. Mayor Mars noted that the grand opening for the new Library would be Saturday, November 15, 2003 at 11:00 a.m. and the grand opening for thenew Police building would follow at 1 :00 p.m. The following item was removed from the Consent Agenda. 15.B.2 Final plat for Thomas A. Philipp Addition located south ofHwy 169, east of King Avenue, and north oflSth Avenue. The following items were added to the Consent Agenda. 14.A. David Berens Rezoning Request from B 1 to B3 for property located north of 2nd A venue, west of Atwood Street, south of 1 st Avenue and east of Scott Street, and 15.C.2 River District Trunk Sewer Line Reconstruction, Project 2003-1, Additional Design. Lehman/Link moved to approve the Consent Agenda as amended. Motion carried 5-0. Mayor Mars asked ifthere were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Official Proceedings of the October 21, 2003 Shakopee City Council Page -2- Lehman/Link moved to approve the meeting minutes for August 26 and August 28, 2003. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the bills in the amount of$I,501,842.56 plus $178,105.70 for refunds, returns and pass through for a total of$1,679,948.26. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Cncl. Joos stated he attended a School Board meeting on Monday, October 13, 2003, and some issues were discussed that would be coming forward to the City Council. These issues regarded some land use issues and possibly securing some more land within the cOIm1.1unityfor some future school facilities on the next bond referendum. The Board also looked at the information from the Task Force regarding buildings in the School District. Cncl. Joosstated that he and Mr. Leek, Community Development Director,. attended the j oint meeting with the Planning Commission and Jackson Township and Louisville Township that the orderly annexation agreement stipulated to be held. Many issues were discussed that impacted Jackson and Louisville Townships as well astJ:.1e City of Shako pee. Cncl. Joos notedthatl1ealso attended the workshop put on by Mr. Gampre regarding "Finishing of Your Basement". Cnd. Joos noted there were other speakers at this workshop; it was very well attended and very informative. Cncl. Helkamp noted he attended a Scott County Alliance for Leadership and Efficiency (SCALE) meeting last week and they approved their first product. This product was an enhanced mutual aid pact to include a few more cities within the County and some provisions so reimbursement could be coming from FEMA. Cncl. Joos noted the equipment sharing agreement was now distributed to department heads and that was being looked at but not all comments had been received back so that agreement would be discussed at the nyxt SCALE meeting. He noted thathe. watched the Police Department train with the nevv"Tasers" that were purchased for them. CncL Helkamp noted the "Taser" was a very fine tool for the. police officers to have. Mayor Mars opened the joint meeting on the Amended Business Subsidy Policy between the City Council and Economic Development Authority (EDA) for the City Council. The gavel was passed to Chair Lehman ofthe EDA and he opened the joint meeting between the Economic Development Authority (EDA) and the City Council for the EDA. Mayor Mars opened the public hearing on the Amended Business Subsidy Policy for the City Council. Mr. Snook reported the EDA and the City Council were asked to adopt the amended Business Subsidy Policy after the public hearing was closed. Mr. Snook noted at the October 7,2003, meeting this policy was reviewed based on the changes to the Minnesota Business Subsidy Law. Direction was given that the Economic Development Advisory Committee (EDAC) was to Official Proceedings of the October 21, 2003 Shakopee City Council Page -3- review the amended Business Subsidy Policy, and they needed to make a recommendation to the EDAlCity Council regarding the wage floor and changes to section four ofthe amended Business Subsidy Policy. Mr. Snook stated under the changes to the Business Subsidy Act a specific wage floor needed to be set. Mr. Snook stated at the lastjointmeeting between the EDAlCity Council there was a split as to what this specific wage floor should be. Mr. Snook stated that at the October 14, 2003, meetiIlg of the EDAC, they decided to recommend that the wage floor be set at the federal minimum wage ($5.15 per hour) with supporting language added to that section. Mr. Snook stated that the EDAC was of the opinion that as much flexibility as possible, regarding the wage floor, needed to be incorporatedititheamended BusineSs Subsidy Policy. Mr. Snook noted that the EDAC made some other recommendations. These recommendations were: 1) Section 4 A regarding what business subsidy applications would require a public hearing [their recommendation was that every bu.siness subsidy over $25,000 and every business loan and/or loan guarantee over $75,000 would require a public hearing]. Mr.Snooknoted this would make the City of Shakopee's Business Subsidy Policy more stringent than the law; 2) Section 4 D regarding meeting goals [theEDACrecorm11ended thatthe two year threshold should remain, thus a business had two years to complete its goals]; and 3) Section 4 E regarding extension time for compliance of the goals [the EDAC recommended here that there maybe an extension up to one year for job and wage goals compliance]. Mr. Snook explained the difference in the public hearings required by state law and what the City of Shakopee would be requiring for public hearings with the amended Business Subsidy Policy. Mr. Snook pointed out the definition of what a business subsidy consisted of according to State Law. Mr. Snook also stated that iftheCity ever wanted to participate in any public financing an amended Business Subsidy Plan needed to be adopted with certain criteria. There was significant discussion on the federal minimum wage being set as the wage floor. It was felt that a livable wage needed to be set, because that was what the Business Subsidy Policy was stating, and the federal minimum wage ($5.15) was not considered a livable wage by council members. According to the EDAC, the federal minimum wage was not set in concrete; it was just a start of what the wages could be. Mr. Snook noted that before the changes to the State Business Subsidy Act, there was no specific wage floor set; there were no wages or job goals set at all. It was noted that just paying the minimum wage was not an automatic to get a business subsidy there were other criteria that needed to be met. Mr. Mars called for public testimony on the amended Business Subsidy Policy. John Schmitt, 1015 South Main Street, approached the podium with some questions regarding the amended Business Subsidy Policy. There were some 22 items that were not considered Official Proceedings of the October 21~ 2003 Shakopee City Council Page -4- subsidies i.e. the fixing up of buildings downtown using the Small Cities grant money. Mr. John Schmitt wanted to know when jobs and wages would not be considered a goal. Mr. Mars addressed this question (tax capacity). Mr. McNei11~ City Administrator, also addressed this question. Mr. Schmitt was concerned about keeping the flexibility; he thought some ofthis flexibility over encouraged individuals. He was uncomfortable with the federal minimum wage being used as the wage floor. Mr. Schmitt also questioned recovering the money used for the business subsidy that the City had already granted to the business if the goals were not met eventually. The City Attorney, Jim Thomson, noted that the how to recover this money (investment) could be written into an agreement between the particular business and the City. Gary Sorenson, 4915 Eagle Creek Boulevard, approached the podium with a couple of issues. He stated that he thought the City had set their goals to low to many times. He thought the fedenil minimum wage was very low. Joos/Helkamp moved to the close the public hearing for the City Council. Motion carried 5-0. Joos/Link moved to close the public hearing for the EDA. Motion carried 5-0. Joos/Helkamp offered EDA Resolution No. 2003-6, A Resolution Adopting A Business Subsidy Policy, and moved its adoption. Mr. Mars stated that he did not believe $5.15 per hour was a livable wage. He would like to see this wage higher in the Business Subsidy Policy ($11.00/$12.00 per hour). Mr. Joos stated he agreed with the EDAC andstaffto keep the wage at the federal minimum wage because in the end the wage was at the discretion of the Council. This wage provided flexibility and gave the City and the applicant a-place to start; who knew what the economic . times were going to be when art application was brought forward. Councils needed the flexibility. The contracts and the agreements between the applicant and the City needed to be done and then everybody would know ahead of time what was going to happen. Mr. Helkamp was of the opinion that the federal minimum wage was not a livable wage. He would like to see 300% of the federal minimum wage be the wage floor. Mr. Link felt there needed to a minimum wage of at least $15.00 per hour. Mr. Lehman thought $15.00 might be a little high but $5.15 was not reasonable. Mr. Snook did note that this policy could be amended in the future ifthat was found to be necessary. Mars/Lehman moved to amend EDA Resolution No. 2003-6 stating that the wage floor be set at a minimum of$12:00 per hour. Official Proceedings of the October 21, 2003 Shakopee City Council Page -5- Mr. Lehman stated that if the wage was at the federal minimum wage there needed to be something else that the business was bringing the City because it was not the jobs. If the application was being looked at only for jobs then the wage needed to be set higher. Mr. Helkamp would like to see the wage set at a percentage of the federal minimum wage rather than a dollar amount. He would also like to add the sentence that stated the wages would be exclusive of benefits. Mr. Mars stated that he was fine with turning the $12.00 an hour into a percentage ofthe federal minimum wage ($5.15) with that wage figure being exclusive of benefits. Mr. McNeill noted that $12.00 an hour would be 233% ofthe federal minimum wage. It waS decided thatthe percentage of 233 would beset and that wage wouldbeexc1usive of benefits. Mr. Helkamp suggesteda.friendly amendment where the wage was set at 275 per. cent of the federal minimum wage. Mr. Mars did not accept this friendly amendment. He preferred the percentage of233 percent of the federal minimum wage. Mr. Link still wanted the wage to be a minimum of$15.00 per hour. . The amended motion failed 2-3 with Mr. Helkamp, Mr. Joos and Mr. Link dissenting.. The.main motion with no changes but with the recommendations from the EDAC, with a wage floor at the federal minimum wage, was now voted on, Motion failed 4-1 with Mr. Mars, Mr. Link, Mr. Helkamp and Mr. Lehman dissenting. Mr. Mars stated that he felt the EDAC did a good job on 4a, 4d, and 4.e. Helkamp/Link offered EDA Resolution No. 2003-7, A Resolution Adopting A Business Subsidy Policy, and moved its adoption, with the change that jobs must pay at least 300% of the federal minimum wage exclusive of benefits. Mr. Mars moved a friendly amendment that the jobs must pay 275% of federal minimum wage exclusive of benefits. Mr. Helkamp (motion maker) and Mr. Link (seconder) accepted this friendly amendment. Motion carried 3-2 with Mr. Joos and Mr. Lehman dissenting. This was for the EDA. Helkamp/Mars offered Resolution 5964, A Resolution Adopting A Business Subsidy Policy, and moved its adoption including the amendment made to EDA Resolution No. 2003-7. Official Proceedings of the October 21,2003 Shakopee City Council Page -6- Motion carried 3-2 with Mr. Joos and Mr. Lehman dissenting. This was for the City Council. Mr. Snook reported on adopting the Tax Increment Financing Policy, (TIF) whichwas part of the City's Business Subsidy Policy that was originally adopted in 1999. Mr. Snook stated that the new Business Subsidy Policy would not include the TIF policy. This policy would be separate; state law did not require a TIF policy. The TIP policy was separate from the Business Subsidy Policy because it could be used for purposes besides attracting businesses, i.e. soils correction or redevelopment. Mr. Snook noted there were a few non-substantive changes in the TIP policy but not significant enough changes that a public hearing would be required. The most significant change was taking the TIF out of the Business Subsidy Policy and minor changes were made to satisfy State Law. Mars/Helkamp offered EDA Resolution No. 2003-8, A Resolution Adopting A Tax Increment Financing Policy, andmoved.its adoption. Motion carried 5-0. Lehman/Link offered Resolution No. 5965, A Resolution Adopting A Tax Increment Financing Policy, and moved its adoption, Motion carried 5..,0. Lehman/Link offered Ordinance No. 684, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 1 LOTBy Rezoning Land Generally Located North Of Second Avenue West, East Of Scott Street And West Of Atwood Street From Highway Business (B-1) Zone To Central Business (B-3) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Linkoffered. Ordinance No. 683, Fourth Series, An OrdinanceQf The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located North Of Valley View Road, EastOfMathias Road And South Of Wilhelm Court FromAgricuItural Preservation (AG) Zone. To Urban Residential (R- IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Ordinance No. 685, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located South Of Seventeenth Avenue, East Of Sarazin Street And West Of Independence Drive From Agricultural Preservation (AG) Zone To Urban Residential (R-1B) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to approve the appropriate City officials develop and issue a Request For Qualification For Huber Park design services. (Motion carried under the Consent Agenda). Lehman/Link moved to direct staffto authorize Custom Refrigeration to replace compressor A2 at a cost of$5,937.70. (Motion carried under the Consent Agenda). Official Proceedings of the October 21,2003 Shakopee City Council Page -7- LehmanlLink moved to approve the appropriate City officials to enter into a 'Memo of Understanding' for transit services with Scott County Transit for recreation programs. (Motion carried under the Consent Agenda). Mr. Themig reported on the suggestions ofa Teen Center for the reuse of the Community Center's Multi-Purpose room. He thought this would be a good use for two reasons: 1) there was not much for teens to do in the area and 2) teen behavior issues were beginning to affect the use of the community center with the current members. Mr. Themig noted he had surveyed, at an earlier date, other communities to see howthey handled behavior type issues with teens. A no tolerance policy had been created for the Shakopee Community Center at that time, in response to that survey, along with a non-resident fee being implemented at the Community Center. These two items addressed the majority of the behavior issues that were being experienced at that time. Mr. Themig stated there are again a number of youth that are congregating at the Community Center in the afternoons, primarily Monday through Friday, and behavior problems are beginning to resurface. It was noted by Mr. Themig, that the majority of the behavior problems were not at the skate park; the problems were at the front door of the community center. Mr. Themigexplained what some of the problems were now and how community center staff handled them. Brad Eller, Recreation Supervisor, approached the podium and stated when he talkea w1lli.The kids hanging around the community center and he presented the idea of a possible teen center, the kids were greatly excited about that idea. He noted that he had worked with teens in previous jobs. The kids pointed out that they do not all skateboard, roller blade or play basketball and tlus was basically all the community center offered for them. The teens too were concerned about what they had to do this winter, as well as the community center staff. The kids admitted that they were bored. The kids did suggest items that they would like to see at the possible teen center. Rules and regulations for the possible Teen Center were discussed. Mr. Eller thought this was a wonderful opportunity to doso:rnething for the teens. Mr. Eller thought ifthe kids-were busy doing something there would not be as many behavior- problems. Mr. Eller noted many of the items could/would be donated. According to Mr. Themig, the money for this possible project had not been identified yet. Mr. Themig felt the Teen Center had a potential to be a benefit to the community. Mr. Themig noted if the Council were interested in this idea, he would then bring this idea back with some possible funding sources. He did note that some additional personnel cost was being incurred because of additional staffing (not budgeted for) that was needed to deal with the behavior issues that were occurring now. Mr. Themig stated that it was found in the community centers surveyed regarding teen centers, community centers without teen centers did not allow kids to hang out in those community centers. He stated that a Teen Center probably would not solve all the behavior issues but it would give the teens a place to go. Official Proceedings of the October 21,2003 Shakopee City Council Page -8- Mr. Eller noted it had been his experience once a kid hit the age of sixteen they did not use the teen center much any more. It was the kids in the age range age of sixteen and younger that the behavior problems were occurring with and it was this age group that would frequent the Teen Center. He thought creating ownership of the teen center by the kids with getting them involved from the beginning with the planning was key to the Teen Center's success and less behavior problems. Mayor Mars was concerned about damage to the Teen Center. Mr. Eller noted that some minor damage was to be expected but that type damage could be planned for. It was noted that there be additional staffmg in the room with the teens. Cnc1. Lehman was not a fan ofloitering around the front door by anyone. He was in favor of looking at a policy that did not allow loitering at the front door of the community center. Cnc1. Helkamp thought a Teen Center was an outstanding ideathatneeded to be looked into. He also believed there were enough partners tobe found in the community that would support and helpd provide some equipment for this idea. Cncl. Link stated he could support the teen center only if there were a zero tolerance policy and a penalty for any damage. Cnc1. Lehman noted he would ... like to see a small a fee in an attempt to get kids to take ownership of the Teen Center. He would also like to see the Teen Center concept studied further regarding funding and possible activities. Cnc1. Joos also thought the Teen Center concept was a great idea. Mr. McNeill notedther-e was still time to get this possible project worked into the budget or at least see if it could be worked into the budget. Mayor Mars was in favor of exploring the concept further. He would like to see how the kids could be tied in with ownership of the Teen Center. He would like to see documentation, zero tolerance and no loitering atthe community center for the teens. The . parents too needed to be worked with when there were behavior issues. Lehman/Link offered Resolution No. 5960;A Resolution Of The City Of Shakopee, Minnesota; . Approving The Final Plat Of Southern Meadows, and moved its adoption~ (Motioncarried.under the Consent Agenda). Ms. Schaefer, Assistant to the City Administrator, approached the podium and noted that Ms; Teresa Walsh-Alfaro, 1715 East 10th Avenue, had requested an exemption to garbage service because she did not need this service. Ms. Schaefer stated that she had explained toMs. Walsh- Alfaro why this exemption would not be granted and she offered some alternatives for Ms. Walsh-Alfaro. Ms. Schaefer noted it was staffs recommendation that this request for garbage exemption be denied. It was noted by Ms. Schaefer that the City had granted no other garbage exemptions since Dick's Sanitation Service was awarded the contract on November 19,2001. Teresa Walsh-Alfaro, 1715 East 10th Avenue, approached the podium, and stated that she wanted to hear what Ordinance No. 594 stated. She was given an overview of Ordinance No. 594 on the phone and she did receive a letter from Ms. Schaefer. Ms. Walsh-Alfaro stated that she did not Official Proceedings of the October 21, 2003 Shakopee City Council Page -9- think a few exemptions would break the City or affect the equity between residents. She did not think Ordinance No. 594 was a fair Ordinance. Mr. McNeill, City Administrator, explained why all residential properties in the City were treated the same regarding garbage collection. Joos/Lehman moved to uphold Ordinance No. 594 and deny Ms. Teresa Walsh-Alfaro's request for an exemption to the City's garbage service. Cnc1. Link would like to revisit the garbage ordinance and possibly have it amended. Cncl. Lelunan noted that if too many exceptions were granted, he thought the City would be in violation of the contract with Dick's Sanitation and that was why he was voting for the motion. Motion carried 5-0. A recess was taken at 9:02p.m. Mayor Mars reconvened the meeting at 9:12 p.m. Mr. Leek, Community Development Director, discussed one item regarding the Final Plat for the Thomas A. Philipp Addition located south of Highway 169, east of King Avenue, and north of 18th Avenue; a plat for single-family homes. Mr. Leek noted there was a condition in Resolution No. 5961 that would have required there be a transaction with the adjacent developer regarding a small remnant parcel in the parcel adjacent (Southern Meadows) before a building permit could be issued for Lot 1, Block 2. This condition had been discussed with the developer for the ThomasA. Philipp plat and it appeared that the setbacks could be met without that additional remnant piece; Mr. Leek noted revised Resolution No. 5961, on the table, deleted that condition from the final plat of the Thomas A. Phillipp Addition. This was the only change for that plat before the Council tonight. Joos/Helkamp offered Resolution 5961, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of Thomas A. Phillipp Addition,. and moved its adoption. This was revised Resolution No. 5961that was on the table. Motion carried 5-0. Mr. Leek reported on the final plat for Riverside Fields 15t Addition. Mr. Leek stated that the City Council had approved a preliminary plat for a single-family development on this site called Riverside Fields with some requested variances that had also been approved. There was work going on at the site because the Council had allowed grading and utility work to occur before the final plat had been approved because of the time of the construction season. Mr. Leek noted this 15t Addition was the first phase for Ryland Homes in the Riverside Fields Addition south of Crossings Boulevard. Mr. Leek oriented the site via the document camera. Official Proceedings of the October 21, 2003 Shakopee City Council Page -10- Mr. Leek stated that staff had met with the applicant and the property owners to discuss a number of issues that City staffhad. Mr. Leek noted the concerns were reflected ~n the conditions in. draft Resolution No. 5962. Mr. Leek noted additional comments were received from the Engineering staff today; these comments were incorporated into revised Resolution No. 5962 on the table before the Council members. Mr. Leek highlighted some of the significant issues in revised Resolution No. 5962. These significant issues were: 1) park dedication [Because of possible dual builders on the site, the City Attorney drafted language contained in condition no. 12 explaining how the park dedication was arrived at.], 2) Crossings Boulevard [east-west street that intersects with. County Road 18 was supposedly only going to be constructed up to a point and the City wanted the east/west roadway constructed to a different point -staffwanted to see dedication for this street from the east property line to the west property line - there was revised language in condition no. 24 for this dedication in revised Resolution No. 5962], and 3) site of the proposed private community facility [a condition was included in the revised resolution that stated the developer was to provide dedication of the adjacent public street or an easement to allow access to the community facility site]. The amount of right-of-way thatshouldlwould be needed for Crossings Boulevardif County Road 21 was not constructed where it was anticipated to go at this time along with traffic patterns was discussed. Mr. Loney, Public Works Director/City Engineer stated staff saw this area as a captive area and therefore, they had a traffic study done that included thec-ommer~ial area as well as the residential areas. He noted the turn lanes in the commercial area were to facilitate that traffic and the traffic count was around 3 to 4 thousand cars per day. The road was 36' wide with no parking on either side going to the residential area and slightly wider in the commercial area. This was done for safety reasons. The 36' foot wide road could handle this amount of traffic. Crossings Boulevardwas expected to T some place on Pike Lake Trail and not intersect with County Road 21. Chris Enger, Ryland Homes, approached the podium. He discussed the possibility of an 8' trail on one side of Crossings Boulevard; there was a five-foot concrete sidewalk on the other side shown in the site plan. He stated he would do a sidewalk or bituminous trail, whatever the Council desired. Mr. Enger stated he was okay with the revised conditions. Joos/Link offered Resolution No. 5962, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of Riverside Fields First Addition, and moved its adoption. Cncl. Lehman discussed the sidewalk/trail question brought up by Mr. Enger. Mr. Loney noted that the proposal submitted with the preliminary application showed a sidewalk on both sides. But, Mr. Loney noted Mr. Enger was correct there was a sidewalk on one site with a bituminous trail on the other side of Crossings Boulevard on the east side of County Road 18. Whatever the Council wished Ryland Development to do regarding sidewalks or sidewalk/trail on Crossings Boulevard within this development was fine with Mr. Loney. encl. Lehman noted he would like Official Proceedings of the October 21, 2003 Shakopee City Council Page -11- to see consistency with a sidewalk on one side of Crossings Boulevard and a bituminous trail on the other side. The other Councilors agreed with this statement. Cnc1. Link was concerned with the amount of right-of-way that was proposed for Crossings Boulevard. Mr. Loney noted staff was comfortable with the amount of right-of-way proposed. Motion carried 5-0. Mr. Loney reported on the cooperative agreement with Scott Countyfor improvements on 17th Avenue from Independence Drive to ~ mile east of Independence Drive. Mr. Loney gave an overview on 17th Avenue regarding the status of the road.. Mr. Loney stated the developers of Southern Meadows and the Thomas A.Phillipp Additions were going to build this portion of 17th A venue that was being discussed tonight. Eventually 17th A venue when it was built to County Road 83 would be turned over to Scott County and County Road 16 would be given to the City in exchange. Mr. Loney noted the roadway, to be built by the developers of Southern Meadows and the Thomas A.Phillipp Additions, was designed by the City's consultant and approved by Scott County andMnDOT with a concrete median in the design and some turn lanes. Mr. Loney noted Scott County wanted a concrete median in this area of the roadway for safety reasons and the County was willing to pay 50% of the concrete median costs with the developers paying for the other 50% of the concrete median costs, the City was paying for the wideningoflhe Roadway and 50% of the street lighting and all of the bituminous trail along 17th Avenue. Mr. Loney stated Scott County did not want to have an agreement with the developers; therefore, the City would have to have the cost participation agreement with the developers in the developer's agreement with the City. Mr. Loney noted the City had an agreement with s.cott County that the County would reimburse the City for the County's cost for 17th Avenue.. The totalprojectcost just for construction costs was $572,470.97. The developers were paying the bulk of these roadway construction costs. Mr. Loney noted it was much cheaper forthe City to do this roadway with this agreement rather than for the City to do it and then assess it.. This was a collaborative effort between the City, Scott County and the developer; the City saved a lot of money doing it this way. LehmanlLink moved to authorize the appropriate City officials to execute the. Scott County Cooperative Agreement for improvements on 17th A venue, from Independence Drive to ~ mile east ofIndependence Drive. Motion carried 5-0. Mayor Mars thanked all the parities involved with the cooperative agreement. LehmanlLink moved to authorize the appropriate City officials to execute an additional extension agreement with Bonestroo, Rosene, Anderlik & Associates, Inc. to provide engineering services for designing the east River District Interceptor, from L-16 to County Road 101, as part of Project No. 2003-1. (Motion carried under the Consent Agenda). Official Proceedings of the October 21,2003 Shakopee City Council Page -12- LehmanlLink moved to authorize execution of Change Order No.8 revised for the Police building project, in favor of CM Construction, in the amount of $18, 178.00. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5966, A Resolution Approving A Mutual Fire Aid Agreement, and moved its adoption. (Motion carried under the Consent Agenda). This is for mutual aid for fire services as proposed by the Scott County Association F or Leadership and Efficiency. The authorization of hiring a Public Works Maintenance Operator was deferred to sometime in the future. LehmanlLink moved to accept the resignation of Cole Van-Horn from the Shakopee Eublic Utilities Commission, with regret. (Motion carried under the Consent Agenda). .. LehmanlLink offered Resolution No. 5963, A Resolution Appointing Individuals To Various Boards And Commissions, and moved its adoption. (Motion carried under the Consent Agenda). Mayor Mars mentioned that he met with the chairman of Shakopee Public Utilities (SPUC) and they discussed having a City/SPUC building valuation committee panel to work otifthe possible transaction of a land sale if needed for the current site of the Shakopee Public Utilities. Mayor Mars appointed Cncl. Link and Cncl. Helkamp to the panel to represent the City Council regarding the negotiations for the current Shakopee Public Utilities site. encl. Link andCncl. Helkamp accepted the appointment to this City/SPUC building valuation committee. LehmanlLink moved to authorize the appropriate City officials to execute agreements with Scott County and Metro West for temporary inspections services, for the Building Department (Motion carried under the Consent Agenda). LehmanlLink moved to accept the Sewer and Storm Funds budget and direct staff to include in the 2004 Fee Schedule the same rates as 2003. These rates are: 1) a rate of $6.00 for the Sewer base rate and a sewer flow fee of$1.60 per 1,000 gallons of water use/flow and 2) for the Storm Fund set a rate of $24.56 per residential equivalent factor per acre per quarter. (Motion carried under the Consent Agenda). Cncl. Joos noted he had been out and about the community talking over the past few weeks and he noticed the different degrees of upkeep of facilities between Homeowners Associations. He would like to explore how these organizations could be required to come to the City and talk so everyone would be expecting the same thing, so there would be some consistency. Mr. Leek addressed this concern. Official Proceedings of the October 21, 2003 Shakopee City Council Page -13- Cncl. Joos also stated that local companies would like to become involved with some of the City's bids. Cncl. Lehman noted a traffic concern and also a concern with parking on the north side of 11th A venue across from the junior high school. encl. Joos addressed this parking concern. Joos/Helkamp moved to adjourn to Wednesday, November 5,2003, at 7:00 p.m. at City Hall in the Council Chambers. Motion carried unanimously. The meeting adjourned at 9:56 p.m. ~~:.~ City Clerk Carole Hedlund Recording Secretary