HomeMy WebLinkAbout7. Approval of Minutes: September 02, 03, 16, and 30, 2003
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 2, 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; Paul Snook, Economic Development Coordinator; Jim Thomson, City
Attorney; Mark Themig, Facilities and Recreation Director; Terry Stang, Fire Chief; Dan
Hughes, Police Chief; and Tracy Schaefer, Assistant to the City Administrator and Tom
Pitschneider, Fire Inspector.
The pledge of allegiance was recited.
Joos/Link moved to approve the Agenda as written. Motion carried 5-0.
Mayor Mars reported that on August 20th he attended the grand opening and ribbon cutting for
the new pedestrian bridges. These bridges were a great addition to the City of Shakopee. Mayor
Mars noted the lighting was coming for these bridges. Mayor Mars noted that on September 3rd,
he would be attending a Livable Communities Advisory Committee meeting. Mayor Mars noted
that on September 5, 2003 the library would reopen at the community center.
Mayor Mars presented a plaque and a Resolution of Appreciation to Brian Benz retiring from the
City of Shako pee's volunteer Fire Department. Mayor Mars read the Resolution of
Appreciation. It was noted that Brian Benz had been a member ofthe Fire Department for 20
years.
Joos/Link offered Resolution No. 5941, A Resolution Of Appreciation To Brian Benz and moved
its adoption. Motion carried 5-0.
Mr. McNeill, City Administrator, presented the 2003 Minnesota Chapter of the Association of
Public Management Professionals Outstanding Assistant Award to Tracy Schaefer, Assistant to
the City Administrator, for the City of Shakopee. Mr. McNeill noted that this award was given
to that individual who was employed either by a City or a County in the State of Minnesota that
had done exemplary work. It was noted by Mr. McNeill that Ms. Schaefer wore several hats for
the City of Shakopee.
The following items were added to the Consent Agenda. Item No. l5.d.4 Update on the O'Dowd
Lake Short-term Improvements and item 14.a Preliminary Plat for Thomas A Phillip Addition,
located south ofHwy 169, east of the Intersection ofIndependence Drive and 17th Avenue East.
Lehman/Link moved to approve the Consent Agenda as amended. Motion carried 5-0.
Mayor Mars asked if there 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 September 2, 2003
Shakopee City Council Page -2-
Lehman/Linkmoved to approve the meeting minutes for July 14th and 15t\ 2003. (Motion
carried under the Consent Agenda).
LehmanlLinkmoved to approve the bills in the amount of$467,152.06 plus $158,483.69 for
refunds, returns and pass through for a total of $625,635.75. (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 public hearing on establishing a Downtown Special Service District and
on imposing a service charge in the Downtown Special Service District.
Mr. Snook, Economic Development Coordinator, reported on the establishment of a Downtown
Special Service District and on imposing a service charge in the Downtown Special Service
District. Mr. Snook noted the Economic Development Advisory Committee at their June 10th
meeting unanimously passed a recommendation asking Council to undertake the necessary steps
in establishing a Downtown Service District, including petitions and calling for public hearings.
Mr. Snook stated the petitions were presented to Council at the August 6th meeting. Mr. Snook
noted the number of signatures on the petition substantially exceeded the number of signatures
needed and land area thresholds needed by statutory requirements were exceeded; therefore, City
Council called a public hearing for establishing a Downtown Special Service District and on
imposing a service charge in the Downtown Special Service District. This was a type of business
improvement district, commonly located within commercial districts in which property owners
through a petition process arranged to be assessed a fee, collected on their behalf by the City, to
be used to promote and improve this business district. This special assessment as proposed
would be 8% of the net tax capacity, which would be applied to each commercial property with a
minimum yearly charge of$150.00. Mr. Snook also noted that the ordinance would not go into
effect if owners of at least 35% of the land area subject to the service charge based on the net tax
capacity or owners of at least 35% of the net tax capacity in the district subj ect to the service
charge based on net tax capacity file a written objection with the City Clerk within 45 days after
the ordinance had been adopted.
Mr. Snook noted the subsequent steps in the process if the Council adopted the ordinance but all
these steps would be subject to withdrawal if a valid detailed negative petition of opposition was
filed by October 16th.
Cnc1. Lehman questioned the tax capacity and what was on some of the land. Mr. Snook noted
that Scott County HRA was the owner of the commercial buildings on Block 3 and Block 4 and
the City was partial owner of the land. These blocks were included in the petition percentage of
the net tax capacity. If the net tax capacity of the HRA building for Block 3 and Block 4 were
omitted from the percentage the net tax capacity percentage would be approximately 30 percent.
Official Proceedings of the September 2, 2003
Shakopee City Council Page -3-
Mayor Mars called for audience participation regarding this public hearing.
Duane Wermerskirchen, Real Gem Jewelers, approached thepodium to answer some ofCncl.
Lehman's question. Mr. Wermerskirchen corrected some ofCncl. Lehman's figures regarding
the Scott County HRA and he also noted the reason the 8% of the net tax capacity figure was
selected. The figured was lowered from 8 ~ percent last year to 8 percent now, as well as, the
size of the district was made smaller and the administrative costs were cut by 1/3. He thought it
was fair to set some minimum figure [(an arbitrary figure was used) Cncl. Lehman thought the
minimum was unfair proportionately]. The setting of the minimum was a Vision of Shakopee
Board decision. Mr. Wermerskirchen noted some of the buildings actually had two or three
tenants per building. He would like to see due process happen tonight. If there was opposition
out there let them get a petition.
In this circumstance of a Downtown Special Service District the imposing of a service charge
that had no benefit to the business was legal. However, Mr. Thomson, City Attorney, noted there
was a procedure for an individual to challenge if they felt they were not benefited. There was
due process built into the law.
Brian Turtle, Turtle's Bar and Grill, approached the podium to speak to why Vision Shakopee
came about. Mr. Turtle felt if visitors would see that downtown Shakopee was a destination,
Vision Shakopee could bring them downtown. The residential residents would see a benefit and
there would be much more community pride. Mr. Turtle noted that Vision Shakopee had found a
law that was put in place by the State of Minnesota to use as a tool to collect more money to get
more people to come downtown. Mr. Turtle stated he thought most of the business owners
wanted the Special Services District. There were some naysayers. Vision Shakopee was trying
to follow the proactive approach.
Scott Lucas, 1858 Pheasant Run, approached the podium and stated he would like to speak at the
end of all the public testimony.
Jack McGovern, McGovern's Garage, 124 Sommerville Street South, approached the podium
and noted one of his big concerns was that there was no action plan for Shakopee's Special
Service District. It was the big picture that he was looking at. He had asked for this information
and had not received any of this information. He thought there were other ways to raise money
besides raising taxes. He felt the increase in taxes to the property owners 'would trickle down to
the renters. He preferred an option to pay rather than being forced to pay. He did not think this
proposal was fair with that high of a minimum payment.
Dan Lebens, Lebens Interiors, 205 Atwood Street South, approached the podium to object to the
proposal. He did not think it fair to give tax money to private organizations. He felt he had been
treated unfairly (discriminated against). He felt he was really being discriminated against again
because he was not being charged the 8% net tax capacity; he was being charged 10.6 percent on
Official Proceedings of the September 2, 2003
Shakopee City Council Page -4-
one property and 74 percent on his second property. This second piece of property was basically
being used for residential but it was zoned commercial. He also did not see anything in the
statute that said you could charge a percentage and/or minimum. He did not see anything
coming back as an improvement to his property. He did not feel the plan was better than last
year.
Karen Lebens, 215 Atwood Street South, approached the podium to follow-up. She noted that
she had signed a petition against this Special Service District. It was her request as well as the
business request (Lebens Interiors) not to be included in this district and not to be subject to the
service charge. She felt the Council needed to address this one way of the other. She noted
every owner of the proposed district area needed to be sent a notice and that was not done. She
noted the statute was written so all people would be treated fairly and equitably. She noted that
no services had ever been directly rendered to her property.
Cncl. Lehman was concerned about the residential property being taxed that were in this
proposed Special Services District. Jim Thomson, City Attorney, addressed Ms. Lebens
regarding the notices being sent, fees, and residential property being included in the Special
Services District.
Scott Lucas, 1858 Pheasant Run, now approached the podium to speak. He was appreciative of
the opportunity to address some of the concerns. He noted there were some things that Vision
Shakopee had not been aware of. He stated there were some pretty clear misunderstandings of
the facts. He noted Vision Shakopee had done their best to reach out to the community. He
noted Vision Shakopee had a public hearing and notice had been sent to property owners in the
proposed district that would be assessed; no one attended. He noted that this Special Services
District had to come back before the Council in five years to be justified. He felt the Special
Services District was necessary.
It was noted by Cncl. Lehman that the smaller business paid a much higher percent than the tax
capacity percentage that a larger business would pay. He thought this was an equity issue. He
thought there were ways this equity could be worked around and Vision Shakopee could still
accomplish what they were trying to accomplish. Scott Lucas stated that he thought this was a
good proposal. There would be objections regardless of what was proposed. Someone would
not like it.
Elise Roberts, Director of Downtown Lakeville Business Association as well as a business owner
in downtown Lakeville, approached the podium. She noted what it was like down the road after
the City had a Special Services District. She noted downtown Lakeville now had 98 percent
occupancy. This occupancy rate had been maintained since the beginning of the Special Services
District. Yes, the rents did go up some. She thought Lakeville had a minimum but she was not
sure. She noted, originally, Lakeville's Special Services District was re-Iooked at after five years
and now it was re-Iooked at every two years. The percentage of people who wanted this Special
Official Proceedings of the September 2, 2003
Shakopee City Council Page -5-
Services District was fairly large (65%-80%). If the City of Shako pee did go with a Special
Services District she encouraged everyone in the district to participate. She noted there were not
a lot of public buildings in her district.
Bert Stitt, Madison, Wisconsin, approached the podium and stated he was a consultant with
Vision Shakopee when they first started this project four or five years ago. He was here to
answer questions. He noted the downtown area of Shakopee must be viewed as a business and
there came a time when a business needed to be managed to realize its greatest efficiency and to
realize its full potential and value. He noted the investment in Downtown Shakopee needed to
improve for the future. This downtown could not stand still based on what was going on all
around it or in the region. There was the risk of a dismissed downtown if downtown Shakopee
did not improve. The issues needed to be addressed and worked out.
Rick Helver, property owner and business owner at 212 East First Avenue, approached the
podium. He too felt there was no action plan for the Shakopee Special Services District. He
alluded to the formula and then a flat fee; it was one way or the other. He thought the statute was
very clear. He did not think the flat fee was fair.
Mayor Mars called for more audience participation.
Lehman/Joos moved to close the public hearing. Motion carried 5-0.
Joos/Mars offered Ordinance No. 680, An Ordinance Establishing The Downtown Shakopee
Special Service District Pursuant To Minn. Statutes, Chapter 428A, and moved its adoption.
It was noted that a negative petition for the Special Services District had been given to the City
Clerk at this meeting. Cncl. Lehman thought the negative petition needed to be looked at to see
if it were valid and had any merit. Cncl Lehman wanted to look at 8 percent across the board for
an equity standpoint.
Cncl. Lehman stated he preferred not to act until he had all the facts in front of him i.e. was the
negative petition valid. Cnc1. Link noted that he had a problem with imposing another tax to
people who did not want the tax. He did not want to risk dividing the downtown area. He would
like to see some other options looked at. Cnc1. Helkamp agreed with the tax argument given by
Cncl. Link and he too felt this could divide the downtown area. He was also concerned about
other businesses taking their business elsewhere. He felt the process went against tenant's rights.
Cnc1. Helkamp thought maybe an enterprise system could be used. Mayor Mars was
disappointed, because Shakopee has a downtown and he would like to see the downtown
improve and grow. He would like all the downtown members to agree as to how the downtown
could be saved. He struggled with the Special Services District issue. He felt this plan was
better than the plan last year.
Official Proceedings of the September 2, 2003
Shakopee City Council Page -6-
Motion failed 2-3 with Cnc1. Lehman, Link and Helkamp dissenting.
Cncl. Link reported at the Shakopee Public Utilities Commission (SPUC) meeting it came about
that SPUC would like to set up a meeting with the City, Spell Construction and BKV Architects
on the Viking Steel Road project. They would like to have this as soon as possible. There were
some issues that need to be resolved. Cnc1. Link noted the soccer field wells issue was resolved.
All of the infrastructure was going to be put in right away. The easements (ownership around the
wells) still needed to be resolved.
Cnc1. Helkamp noted he went to the ribbon cutting of the pedestrian bridges. He also attended a
Chamber of Commerce and Convention Bureau meeting. That Board had decided to move
forward with a joint marketing venture. This should bring many more tourist dollars to the City.
Helkamp/Link moved to recess for the purpose of conducting the Economic Development
Authority meeting at 8:35 p.m.
Mayor Mars re~convened the meeting at 8:39 p.m.
Lehman/Link offered Resolution No. 5937, A Resolution Of The City Of Shako pee, Minnesota
Approving The Preliminary Plat Of Thomas A. Phillip Addition, and moved. its adoption.
(Motion carried under the Consent Agenda).
Lehman/Link offered Resolution No. 5936, A Resolution Of The City Of Shakopee, Minnesota
Approving An Amendment To The Preliminary Plat of Greenfield, and moved its adoption.
(Motion carried under the Consent Agenda).
Mr. Leek, Community Development Director, reported on the 2002/03 Comprehensive Plan
Update. Mr. Leek noted that this update had been in the works for quite some time. Mr. Leek
gave a history of some of the Comprehensives Plan to date. $50,000 had been allocated and
expended for this update. Mr. Leek noted that Northwest Associated Consultants (NAC) had
been used for this particular update. They had been collecting data and preparing concepts for
this discussion. Mr. Leek stated right now the City was operating with the Comprehensive Plan
that was prepared in 1998/99 accepted by the Metropolitan Council in 2002 and adopted by the
City Council in 2002. Mr. Leek noted it was not until 2008 that the Metropolitan Council
required that another Comprehensive Plan be done. Mr. Leek noted that by now there were a
number of pieces of the Comprehensive Plan that he felt needed updating. He noted he came to
the Council in 2001 and stated an update to the Comprehensive Plan was needed and the Council
approved the use of a consultant for that purpose for a cost of up to $50,000. Mr. Leek noted the
most recent step that NAC had undertaken was to hold two open houses when much input was
taken on the draft update ofthe Comprehensive Plan. Mr. Leek had come to the Council to see if
they wanted to expend any more time and money regarding an interim land use plan. Mr. Leek
noted in the draft update of the Comprehensive Land Use Plan there was a Citywide land use
Official Proceedings of the September 2, 2003
Shakopee City Council Page -7-
plan, a west end Jackson Township district plan, a Riverfront 1st Avenue district plan (much
comment has been made regarding this plan), Marschall Road district plan, a Transportation Plan
element, a Natural Resources Plan element, and an implementation element.
Mr. Leek noted if the Council wanted to proceed with the Comprehensive Plan update there
would be a number of changes that he would make because of the comments gathered. Mr. Leek
wanted to know if he should proceed with any portion of the update before it was brought to the
public hearing stage, any additional changes that the Council may want to see, and ifthere were
any additional steps beyond the normal public hearing that the Council would like to take.
Mr. Leek noted in answering Cncl. Lehman's questions, that he was looking for some direction
to change certain parts of the land use in Jackson Township but the Council had not provide that
direction yet. There were some areas to the south of 17th A venue that still showed attached
housing, he was of the opinion that this was not what Council wanted.
Lehman/Link moved that the area on the map defined as the Riverfront 1 st A venue district be
mixed use (commercial, single family, high density) with any language closely related to land
banking being removed.
Cncl. Lehman stated that this made what was already in the district conforming uses and if
private industry wanted to buy a parcel and make that high density that was possible. There
needed to be some high density to make this area work. Some of the higher density could be
buffering between commercial and single-family. This would be a conforming use rather than
spot zon.ing. Cncl. Lehman noted that if the City opted out of the Comprehensive Plan update
the downtown residents would continue to be non-conforming. Mr. Leek noted that he had
already established a public hearing for a text amendment to rectify the non-conforming issue,
whether or not the Comprehensive Plan update went forward.
Mr. Leek addressed the land use and the zoning proposed by Cncl. Lehman. Mr. Leek thought
something might need to be done to get a proper mixed use zoning regulation for this area. Mr.
Leek noted there was follow-up that needed to be done from the landuse plan to implement
Cncl. Lehman's desires for this area. Mr. Leek stated that actually there were two zoning
districts in the downtown area. Mr. Leek noted there were still some vacant lots in the
downtown area.
Cncl. Joos stated that if nothing were done to change the downtown area things would stay the
same. There would still be the vacant lots in downtown. Cncl. Lehman felt the mixed use had
been working in the downtown area. Cnc1. Helkamp stated he would like to see some high
density in this area and the houses that are there now would be made conforming so loans could
be gotten to fix up some of the houses. He thought Cnc1. Lehman's motion did represent some
significant change. Cncl. Joos did not see many changes. Cncl. Joos believed the Riverfront
Official Proceedings of the September 2, 2003
Shakopee City Council Page -8-
needed to be developed, the City needed to take advantage of that amenity. He did not see that
happening with encl. Lehman's motion.
Cnc1. Link thought the downtown area was working well. Leave it alone. One of the reasons it
had not all developed was because there was lime rock in the area and it was very expensive to
develop with that. Cncl. Link did not want to change the zoning and risk losing the historical
part of the downtown area. Cnc1. Link wanted to know if the City chose to opt out of the
Comprehensive Plan how much of the $50,000 could be saved at this point. Mr. Leek noted
many of the elements to the update had very little controversy and those elements could be
salvaged and brought forward without much difficulty. Mr. Leek stated that he felt something
needed to be done in connection with the overall land use and with the west end land use plan
including Jackson Township to help the City with the growth issues.
Mayor Mars thought it was important to keep the area working well. It was very important to
update the Comprehensive Plan. He noted there were some dynamic issues. The west-end
Jackson Township land use was critical. Mayor Mars was opposed to abandoning the plan. He
thought to have a City with no plan was a bad deal. Mayor Mars wanted to know how the City
could look at developer's plans for a mixed use and put some controls on what was developed by
the developer. He did not want the City to lose all control. Mr. Leek addressed the question of
Mayor Mars.
Motion carried 4-1 with Cncl. Joos dissenting.
Mr. Wagner stated that nothing was going to happen on the land zoned commercial in downtown
Shakopee. Anything that was done down in the area would be a help. He hoped the mixed use
would be helpful.
Cncl. Helkamp stated he thought it was critical for the City to go forward with the citywide land
use plan and to look at all the areas Mr. Leek listed. He thought all the audience participation
had been great; he would like to see another open house for the revisions of the Riverfront 1 sl
A venue district plan to be reviewed before the plan was adopted. Mayor Mars noted there would
be open houses and public hearings before the plan was adopted. Mr. Leek noted that he thought
Cncl. Helkamp was suggesting that there be an additional open house with mailings sent to the
residents.
encl. Lehman stated once this open house was held and revisions were made to the Riverfront 1 sl
A venue district plan the whole plan should move forward.
There was consensus that the following items should move forward. These items were: the
Natural Resources plan, the Transportation plan, the Marschall Road plan and the west-end
Jackson Township plan.
Official Proceedings of the September 2, 2003
Shakopee City Council Page -9-
Mr. Leek heard the direction that changes were to be made for the Riverfront 1 st A venue district,
these changes were to be distributed there was to be an open house with notices sent to the
residents and based on what was received at the second open house those suggested changes too
would be incorporated into the update. The balance of the changes for the rest of the elements
would also be incorporated into the update and once this has been done a public hearing date
would be set for the City Council and the Planning Commission.
Mayor Mars restated to the audience that there would be an open house with maps that
incorporated the changes of the already made suggestions for change and then if needed based on
comments from that meeting, those changes too would be incorporated into the update and then
there would be a public hearing. Mayor Mars stated the City was trying to bring this whole plan
together and 1 st A venue was one aspect of the plan.
Mayor Mars recessed the meeting at 9:07 p.m.
Mayor Mars re-convened the meeting at 9: 15 p.m.
Mr. Loney, Public Works Director/City Engineer, reported on the relocation of the existing
power lines on Valley View Road, Project No. 2003-4. He noted at the August 19,2003 City
Council meeting the Council ended up with a 2-2 vote and action still needed to be taken on
whether or not to underground the existing power lines on Valley View Road, Project No. 2003-
4. This was a policy decision. Mr. Loney noted that Shakopee Public Utilities was looking at
the option to recover the difference in the cost between undergrounding the existing electric
power lines and relocating the existing overhead electric lines. This would be done by imposing
a special retail rate over a short period of time on the utility bills. This would amount to about 15
cents per month for a five-year period.
Helkamp/Joos moved to direct staff that the existing overhead electric lines on Valley View
Road Project No. 2003-4 should be relocated underground.
Cnd. Lehman was not totally satisfied with the arrangement for a small charge to be added to the
utility bills because he noted there would be other increases and this also would set a precedent.
He did not see the benefit to the lines being undergrounded. Cnc1. Helkamp thought it was
important that these particular lines go underground.
Mayor Mars wanted to look at the big picture and the policy. He noted there was opportunity
now to require that these existing lines be put underground. Not only did it make the City look
nicer but Mayor Mars thought it was better for the utility companies to have their lines
underground. There was a cost benefit to have the lines underground. Having the existing
electric power lines underground would be a win/win situation for all. encl. Joos concurred with
Mayor Mars.
Official Proceedings of the September 2, 2003
Shakopee City Council Page -10-
Joe Adams, Shakopee Public Utilities Manager, approached the podium to answer Cncl. Link's
question. Mr. Adams noted the overhead lines were more maintenance for Shakopee Public
Utilities. The underground lines also had their problems. Mr. Adams did state that the existing
overhead power lines could be, if directed, moved to the south side of Valley View Road at
approximately the same cost that it would cost to relocate the existing overhead power lines
overhead on the north side because of the distance they needed to be relocated to the north side
of Valley view Road. Mr. Adams stated that Shakopee Public Utilities Commission was neutral
on whether the existing overhead power lines should be undergrounded or relocated overhead.
Motion carried 3-2 with Cncls. Link and Lehman dissenting.
Mr. Loney reported on the storm sewer petitioned for by the Milwaukee Manor residents. Mr.
Loney stated staff did receive a petition from the Milwaukee Manor residents. These residents
were concerned about storm drainage on their property. The present storm sewer was approved
in 1993 and they believed something should be done about a storm drainage system for them.
Mr. Loney showed a picture of the storm drainage system for Dakota Street on the document
camera and explained that system. He also noted that the homeowners association needed to
maintain the area around the pond so materials would not fall into the pond and clog up the
present system. Mr. Loney noted that staffmet with Mr. Rene Vanoni, president of the
homeowners association, and staff stated that they would come up with a design and a cost and
then the homeowners association could decide ifthey wanted to pay for this. Mr. Loney had a
design done for a storm sewer for this area and that cost was approximately $28,000. Mr. Loney
noted if this system had been in place when the development was built the cost would have been
part of the development cost. The homeowners association had been met with and this cost was
unacceptable to them. The reason the present storm water drainage system had been selected
was for cost. Mr. Loney noted the storm drainage plan had been approved by the City. Cncl.
Joos noted he was on the Planning Commission when this project came thru and many things
were done to save cost and he felt that was what happed with the storm drainage.
Mayor Mars noted this system did not work right, it was high maintenance and unsightly.
Rene Vanoni, 559 Milwaukee Road, President of the Homeowners Association, approached the
podium and stated Cncls. Joos was correct he had worked on this plan when he was on the
Planning Commission; the City Council at that time did overrule the Planning Commission on
some design criteria. Mr. Vanoni noted he had been working (fighting) with the Construction
Company for two years on cleaning up the ditch and improving this system. Mr. Loney had been
approached and now the ditch did not drain at all and this was unacceptable. He felt this was the
City's problem. Mr. Vanoni stated that the homeowner's association was not willing to make
any monetary contribution to the storm drainage problem.
LinklMars moved that staff work with the homeowners association to find a solution and cost
that was acceptable to the homeowners association and the City for fixing the storm drainage
Official Proceedings of the September 2, 2003
Shakopee City Council Page -11-
problem for the Milwaukee Manor residents and then to bring that proposal back before the City
Council.
Mayor Mars would like to see the cost split between the City and the Milwaukee Manor
residents.
Cncl. Lehman wanted to know what the yearly maintenance cost was on the existing pipe and
what the maintenance cost would be on the approved design.
encl. Helkamp asked if storm drainage were a developer's responsibility. Mr. Loney note it was
but now the developer was not in the picture and there was nothing the City could do. The
escrow funds had been released.
Motion carried 5-0.
Lehman/Linkmoved to direct staff to install ''No Parking" signs on Adams Street, from 6th
Avenue to 3rd Avenue on the east side of Adams Street. (Motion carried under the Consent
Agenda).
Mr. Loney reported on the request to construct a public improvement before final plat approval
for the Thomas A. Phillip Addition and Southern Meadows. Mr. Loney noted both of the
preliminary plats had been approved and the developers were requesting that they be allowed to .
install street and utility improvements to these developments prior to final plat. Mr. Loney noted
this type discussion had been heard last year and the City could make this decision if they wanted
the utilities to proceed without final plat approval under certain considerations. Mr. Loney noted
these considerations were: a hold harmless agreement entered into between the developer and
the City of Shakopee holding the City harmless of any actions that may come about before the
final plat approval, developer pays all engineering fees up front, a set of plans needed to be
submitted and approved by the City Engineering Department and approved by Shakopee Public
Utilities, insurance submitted to the City naming the City as an additional insured party to the
construction and the developer would pay for any additional review costs incurred by the City to
expedite these developments for the developer for this construction season. Mr. Loney noted
because of the review period being lengthened due to the wait for outside comments the final plat
would take approximately seven weeks and that would take the developer out of this year's
construction season.
Joos/Helkamp moved to allow the developers of Southern Meadows and the Thomas A. Phillip
Addition to proceed with the installation of street and utility improvements, prior to the final plat
approval with certain considerations.
Cncl. Helkamp added a friendly motion stating that the developer pay any additional fees
incurred by the City to expedite these developments.
Official Proceedings of the September 2, 2003
Shakopee City Council Page -12-
Cncl. Link did not like fast tracking these items because of the City staff being so short of
Planning and Engineering personnel. Mr. Loney noted all the regular channels still needed to be
done prior to the developers proceeding with the utilities or the street. The only change would be
the final plat would not be approved and if there were any changes that needed to be made when
the final plat was approved the developer was responsible for those changes.
Todd Simning, Plowshares Development, approached the podium and noted the reason they were
so far behind on this project was because they could not get an exact alignment on 17th Avenue
until recently. Finally he and Tollefson Development paid for an engineer to align 17th Avenue
so they were able to continue on with their projects.
Motion carried 3-2 with encl. Link and Lehman dissenting.
Mr. Loney reported on the plans for the salt storage building for the Public Works Department.
This item had been in the CIP for a number of years as a potential requirement of the Minnesota
Pollution Control Agency (MPCA). As of today this was not a requirement, it was only
recommended verbally by the MPCA. Mr. Loney noted one of the reasons to store salt was an
economic reason. Mr. Loney noted previously a contract was awarded to Oertel Architects to do
a salt storage siting and plans, as well as plans for the Public Works remodeling. Mr. Loney said
the cost ofthe project would be around $95,000 including architect fees and other fees. The
building showing the plans was similar to the Belle Plaine Scott County salt storage facilities.
Deb Brandwick, Oertel Architects, approached the podium and noted the salt shed was proposed
to be on the south end of the Public Works site. This site had an existing asphalt pad that could
be used for some of the necessary activities. The building would be situated to cause as little
problems as possible to the residents in the area and the building would be situated so the current
public works building could be remodeled and expanded without causing problems with that
remodeling.
It was noted that in an attempt to be cost conscious there was a biding alternate in the bid. Mr.
Loneynoted the building the Public Works Department was looking at was expandable with a
very low cost to expand.
Link/Helkamp offered Resolution No. 5946, A Resolution Approving Plans And Specifications
And Ordering Advertisements For Bids For The Construction Of A Salt Storage Building
Project, No. 2003-8, and moved its adoption. Motion carried 5-0.
Lehman/Link moved to approve a suspension of City Code Section 10.60, Noise Elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, to Natgun Corporation,
for work for Shakopee Public Utilities on Water Storage Tanks located at County Road 16 &
County Road 18 from 9:00 a.m. to 9:00 p.m. on Saturdays to 8:00 a.m. to 5:00 p.m. on
Saturdays, with this start time being consistent with other approvals in the past years; and, to
Official Proceedings of the September 2, 2003
Shakopee City Council Page -13-
Natgun Corporation to start prior to 6:00 a.m. on two occasion in September and two occasion in
October subject to the following conditions: Approval is contingent upon minimizing noise
exposure near residential areas and if complaints are received by the City, the suspension can be
revoked at the discretion of the City Engineer and to direct staff to publish notice of the
suspension terms with the conditions as recommended by staff. (Motion carried under the
Consent Agenda).
Mr. McNeill. City Administrator, reported on the parking control signage changes for 11th
Avenue, between Spencer and Main. Mr. McNeill noted that this was a follow-up from two
weeks ago regarding the petition received from the residents living on 11th A venue regarding the
student parking on 11 tit Avenue. Mr. McNeill noted that he and Sergeant Robson, from the
Police Department, had met with the high school principal and one ofthe residents living on 11th
A venue. There were four recommendations that resulted from this meeting. These
recommendations were: 1) consideration of an ordinance which prohibited parking that blocks
mailboxes, 2) police enforcement, 3) prohibit parking on the north side of 11th Street between
Spencer Street and Main Street and 4) investigate lifting some of the parking restrictions on 10th
Avenue in the vicinity of the High School. Mr. McNeill noted the School District was talking
with Scott County to see if access off of Spencer Street would be allowed. Mr. McNeill noted
there simply was not enough room on site to accommodate all the student parking.
Cncl. Lehman noted that he talked to a few School Board members regarding this situation and
Cnc1. Lehman was of the opinion that the School was going to talk to the drivers and tell them
what the issues were and what the ultimate correction could be.
Helkamp/Link moved to direct staff to place "No Parking During School Hours" signs on the
north side of 11th A venue, between Spencer Street and Main Street. Motion carried 5-0.
LehmanlLink offered Resolution No. 5940, A Resolution Of The City Of Shakopee, Minnesota,
Accepting A $5,000 Donation From the Shakopee Crime Prevention, Inc. To Be Used Towards
The Purchase Of A Speed-Monitoring Trailer, and moved its adoption. (Motion carried under
the Consent Agenda).
Lehman/Link moved to authorize the appropriate City staff to accept the grant award from the
U.S. Department of Justice, Office of Community Policing in the amount of$225,000. (Motion
carried under the Consent Agenda).
LehmanlLink moved to authorize the purchase of the speed-monitoring trailer from Kustom
Signals, Inc. for the price of$1O,162.00. (Motion carried under the Consent Agenda).
Lehman/Link moved to authorize the Shakopee Fire Department to purchase the "Scott Eagle
Imager 160" from Clarey's Safety Equipment for a total of$10,800. (Motion carried under the
Consent Agenda).
Official Proceedings of the September 2, 2003
Shakopee City Council Page -14-
Lehman/Link moved to authorize execution of Change Order No.4 for the Police Building
Project, in favor of CM Construction, in the amount of $3,967. (Motion carried under the
Consent Agenda).
Lehman/Link offered Resolution No. 5745, A Resolution Of The City Of Shakopee, Minnesota,
Accepting A Grant From The Minnesota Releaf Grant Program, and moved its adoption.
(Motion carried under the Consent Agenda).
Lehman/Link offered Resolution No. 5844, A Resolution Of The City Of Shako pee, Minnesota,
Accepting A Grant Program From Centerpoint Energy Minnegasco For Pheasant Run Park.
(Motion carried under the Consent Agenda).
Mr. Themig, Facilities and Recreation Director, reported on the soccer facility design,
construction and funding changes. Mr. Themig gave a brief history of this project. Mr. Themig
stated this project involved four entities. These were: 1) Shakopee Area Catholic Education
Center (SACEC), 2) Shakopee Public Schools, 3) Shakopee Public Utilities and 4) the City of
Shakopee. This project had been in the planning stage for over a year and had its share of
challenges.
The issue tonight was the issue of where the wells were to be located. Shakopee Public Utilities
had been directed by their Commission to see if it would be possible to locate a well/s on the
City's property rather than on the land owned by SACEC. Mr. Themig met with City staffto see
if this was possible and he now had an option. Mr. Themig noted that there had been concerns of
. the residents to the south, along the entire property line of these developments regarding the
wells next to their property. The main concern appeared to be with screening. Mr. Themig noted
that he and several others talked with the residents and the residents were not excited about the
plan. The residents suggested an alternative but this may have an adverse affect on the five wells
in the small area. Mr. Themig stated the project was at a point where the contractor needed some
direction or the soccer project would be put on hold.
The land use and how the wells would be arranged was a question that needed to be resolved.
Option one could have an impact on the land use and option two could have an impact on the
water flow from the wells. Mr. Themig noted that now the City was looking at four buildings on
thirty acres; he believed there needed to be coordination of architectural design. Shakopee Public
Utilities Commission (SPUC) was receptive to this idea.
Mr. Themig was recommending the option that the residents suggested. This option would
provide for additional revenue for the City because some additional land belonged to them would
be used by SPUC and the concerns of the neighbors could be better addressed with this plan
(alternative No.2).
Official Proceedings of the September 2,2003
Shakopee City Council Page -15-
Joe Adams, Shakopee Public Utilities Manger, appreciated the City's help in getting some well
sites. Mr. Adams stated based on the analysis doneby their consultant an acceptable amount of
water was possible out of this configuration presented by the residents. The configuration was
not ideal but it was satisfactory.
Mr. Themig noted there were some soil corrections needed for the site. Mr. Themig noted the
soil corrections could be done with soil on site and that lessened the amount of money needed for
the soil corrections. However, the project was over budget. $33,600 had been approved and
$39,500 more was needed. $45,000 had been earmarked from the Park Reserve Fund for this
project and the money to be collected from the sale of some of the land to Shakopee Public
Utilities for the well sites was not reflected in the figures to date.
LehmanlHelkamp moved to direct staff to proceed with design changes for the soccer facility per
the residents plan (to locate the satellite pump house closer to the parking lot and the submersible
well to the south - Alternative No.2) for the well fields and allocate funding for the well field
design change and soil corrections in an amount not to exceed $45,000 from the Park Reserve
Fund, and that the City's architectural standards would apply to pump houses.
Motion carried 5-0.
Lehman/Link moved to authorize the appropriate City officials to proceed with the temporary
parking improvement in O'Dowd Lake Park and to fund the improvements from the Park
Reserve Fund. (Motion carried under the Consent Agenda).
LehmanlLink moved to accept with regrets the resignation of Rick Sames effective August 29,
2003, and wish Mr. Sames success in his new venture and to direct staff to take the appropriate
steps to fill the Building Inspector position. (Motion carried under the Consent Agenda).
Lehman/Link moved to acknowledge the satisfactory completion of probation and authorize the
retention of Michael Johnson as Television Production Specialist. (Motion carried under the
Consent Agenda).
LehmanlLink offered Resolution No. 5948, A Resolution Of The City Of Shakopee, Minnesota,
Amending Resolution No. 4213, Adopting A Personnel Handbook, and moved its adoption.
(Motion carried under the Consent Agenda).
LehmanlLink moved to authorize the hiring of John Buetow as a probationary police officer, at
step 4, at a monthly rate of $4, 198.22, subject to the satisfactory completion of pre-employment
medical and psychological examinations. (Motion carried under the Consent Agenda).
Official Proceedings of the September 2, 2003
Shakopee City Council Page -16-
LehmanlLink moved to authorize the hiring of Russell Bradley as a probationary police officer,
at a monthly rate of$3,358.58 subject to the satisfactory completion ofpre-employrnent medical
and psychological examinations. (Motion carried under the Consent Agenda).
LehmanlLink offered Resolution No. 5942, A Resolution Apportioning Assessments As A
Result Of The Minor Subdivision Of Lot 1, Block 3, Boulder Ridge, and moved its adoption.
(Motion carried under the Consent Agenda).
Lehman/Link moved to declare the following as surplus property: 1997 Ford Crown Victoria
2FALP7lWXVX15l897; 1999 Ford Crown Victoria2FAFP71WIXX173335; 1994 Oldsmobile
Cutlass Supreme IGWH55X9RD411652 and 1986 Pontiac 6000 IG2AF19R2GT300176.
(Motion carried under the Consent Agenda).
LehmanlLink offered Resolution No. 5947, A Resolution Declaring the Costs To Be Assessed
And Ordering The Preparation Of Proposed Assessments For 911 Emergency Address Signs In
The City Of Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent
Agenda).
Mr. McNeill noted the EDA suggested having a public hearing to update the Business Subsidy
Policy and the TIF Policy for October 7, 2003.
Joos/Helkamp moved to set the public hearing date for the updating of the Business Subsidy
Policy and the TIF Policy for October 7, 2003. Motion carried 5-0.
Cncl. Lehman stated he attended a Park and Recreation Advisory Board meeting (PRAB). The
Soccer Complex and the association agreements were discussed in depth at that meeting. He
noted he meet with a citizen group on the Soccer Complex issue.
Cncl. Lehman noted he had calls regarding selling door to door. Ms. Cox noted there was a
peddler's license required for the temporary sales of merchandise.
Lehman/Link moved to adjourn to Wednesday, September 3, 2003, at 5:45 p.m. at City Hall in
the Council Chambers. Motion carried unanimously. The meeting adjourned at 10:40 p.m.
//~ J.!3f
~dith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 3, 2003
Mayor Mars called the meeting to order at 5:45 p.m. with Council members Lehman, Joos and
Helkamp present and Cncl. Link was absent. Also present were: Mark McNeill, City
Administrator; Judith S. Cox, City Clerk, Bruce Loney, Public Works Director/City Engineer; R.
Michael Leek, Community Development Director, Gregg V oxland, Finance Director, Tracy
Schaefer, Assistant to the City Administrator, and Michael Hullander, Public Works Supervisor.
Mr. McNeill, City Administrator, reported on the salaries mayor and council members received
for cities in the area with a population of 20,000 and greater without Minneapolis and St. Paul.
He received this information from the Association of Metropolitan Municipalities and he
compared the elected officials salary with other elected officials in a City the size of Shako pee.
Mr. McNeill reported that the average salary was $9,550 compared to Shakopee's $6,756 for
mayor (these average salaries did not include the Cities of Minneapolis and St. Paul). The
councilors salary in comparable cities was $6,647 and in Shakopee their salary was $5,628. The
Mayor's salary was number 32 out of33 cities and the councilors salary was number 30 out of33
cities. These numbers showed justification for a salary change if the Council decided to
recommend one.
If a salary adjustment were adopted by ordinance now it could go into effect January 1,2004
because there was an election between the adoption of the ordinance and the effective date. It
was noted that there was nothing specifically in the budget for this possible salary increase. To
bring the mayor's and the council members salaries to the average salaries, the budget impact
would be approximately $4,000. Cncl. Joos was recommending that this salary increase be over
two years, one-half the first year (2004) and one-halfthe next year (2005). Cncl. Lehman felt
tins was a bad year to be asking for a salary adjustment. Cncl. Helkamp wanted to keep this
issue ofthe Mayor's and Council members salary on the table but he wanted to wait until the end
of the budget process to make a decision. This was fine with Cncl. Joos. Cncl. Lehman noted
services would need to be cut this year because of the levy limit and he was not willing to cut
services over a salary increase.
Ms. Schaefer, Assistant to the City Administrator, reported on the Telecommunications Budget.
There were four major areas that the Telecommunications Commission had goals for this year.
These areas were: 1) general telecommunications, 2) government access, 3) public access and 4)
the cable franchise. The Telecommunications Commission recommended moving some funds
around within the Telecommunications budget so there would be more money for general
communications to help the general fund out.
Some possible general telecommunications items that the Telecommunications Commission
could do would be: 1) V oIP phone system, 2) digital security cameras at the community center,
3) the website [phase 2] and 4) purchase a VPN for outside access for certain employees. Ms.
Schaefer noted that because there was a major upgrade of the Council Chambers [government
access] done last year this portion of the Telecommunications budget was pretty little this year.
Official Proceedings of the September 3, 2003
Shakopee City Council Page -2-
Ms. Schaefer stated that the Telecommunications Commission was looking at projects for public
access for approximately $21,000. It was the goal of the Telecommunications Commission to
get the cable franchise renewed by the end of the year. Ms. Schaefer noted the budget impact for
all the Telecommunications Commission's projects would be approximately $300,000. There
would be no budget impact on the general fund; all of the funding would come from the
Telecommunications Fund. Ms. Schaefer projected that revenues that the Telecommunication
Fund would be receiving from the cable franchise plus funds remaining in the 2003 budget
would exceed what the projects would cost the Telecommunications Commission.
Cncl. Lehman questioned the amount proposed for the operating supplies. It was noted that there
was not a good category for some telecommunications equipment so for accounting purposes
some of the less expensive items were lumped into the operating supplies account in the
Telecommunications Fund. Cnc1. Lehman also questioned the building rent line item. Ms.
Schaefer noted finance moved some things around and building rent did go up some; this amount
probably reflected better what the rent should have been.
Mr. McNeill felt Ms. Schaefer's salary was pretty well proportioned to the different budget areas
of where Ms. Schaefer spent her time working.
Mr. Mc Neill reported on the Administration budget. Mr. McNeill noted what items were up and
what items were down. There were no changes to the personnel in this department this year. Mr.
McN eill asked that he be allowed to go to one national conference that he was a chair member of
and would be receiving an award at. Mr. McNeil would like to add back into the budget one
item [regarding the phones] at the cost of$3,000. Mr. McNeill noted this proposed budget with
the $3,000 added back in was a reduction from the approved budget for 2003 of about 1.2
percent.
Mr. McNeill reported on the Legal budget. He noted the City used this budget extensively. It
was proposed that this budget be raised by about $30,300. It was proposed there be an increase
of about $10,000 for civil issues (law firm of Kennedy and Graven) that the City used and
approximately $21,000 for cases handled by the Scott County Joint Prosecution. This budget
would see an increase of7.3 percent over last year [2003].
Mr. Leek, Community Development Director, reported on the Transit budget. Mr. Leek noted
the funding for transit came entirely from the Minnesota Vehicles Excise Tax [MVET]; Mr. Leek
noted this money did not come out the general levy. Mr. Leek noted the projected transit
revenues that were included in this budget were consistent with the trending from the City's
MVET funding. Mr. Leek noted some ofthe changes that had occurred. These changes were: I)
a significant decrease in wages [Mr. Leek explained], 2) contract with Scott County for transit
[Mr. Leek was relying heavily on their expertise], 3) increase in professional services [dial-a-ride
and van pools etc.], 4) establishment of an express service [the City does not have this service yet
Official Proceedings of the September 3, 2003
Shakopee City Council Page -3~
and the County did not provide it], 5) decrease of about $6,000 for other professional services
[consultant), 6) decrease in the cost of communications [advertising, printing and publishing].
Mr. Leek reported on the Planning Department budget. He noted there was a slight decrease in
this budget, which he thought, was reflected with the new hire but the Planning Department's
caseload had been and was increasing. Mr. Leek noted there were some substantial costs for
licensing software in the budget this year and some engineering costs for projects that needed to
get done [i.e. transportation plan including Jackson Township) and for maintenance of computers
[especially the GIS function]. Mr. Leek noted there was a slight increase in printing and
publication because he thought there would be an increase need for resident notification and
documents. Mr. Leek noted that the use of an intern in the Planning Department during the
summer was a win/win situation for all. He suggested that the use of an intern be used again next
summer. The suggestion of charging developers for staff time when staff members were in
developmental meetings with specific developers was discussed. Mayor Mars wanted to see the
Planning Department staff grow perhaps, not this year but soon. Mr. Leek thought the use of
technology was helping the Planning Department survive.
Mr. Leek reported on the Inspections Department budget. He noted this budget showed an
increase of about three percent. He walked through the budget. He noted there were increases in
wages and benefits of about $2,000 and an increase in motor fuels and lubricants had been
suggested by Mr. Voxland [because of the age of the fleet], as well as an increase in electrical
inspections. There was an increase in LOGIS [computer services] also. Mr. Leek noted much
more in revenue was seen than was expended for inspections and plan review activities. Mr.
Leek noted the City just lost an inspector. Mr. Leek noted the City was in the process of
changing from the uniform building code to the international building code.
Cnd. Lehman had a few questions for Mr. Leek regarding this budget.
Mr. Loney, Public Works Director/City Engineer reported on the Engineering Department
budget. He noted the engineering budget was basically a budget containing salaries for the
Engineering department. He noted there was a decrease in the small amount attributed to
operating supplies but there was a significant increase in salaries because of salary step increases.
Mr. Loney pointed out the Engineering department was extensively involved inthe platting
process, plan preparation after the platting process, grading plans, grading reviews, plan
approvals for all improvements, building permits, right-of -way permits, inspections and follow
up with residents, contractors and developers through out the projects life. This was an extensive
workload. However, no new staffing was added to this year's budget. Mr. Loney noted if the
step increases were not included in the budget for salaries the budget would have gone down.
Mr. Loney noted he too in previous years used an intern in the summer months and that was a
great value for the City. Mr. Loney pointed out that the intern for the Engineering department
was not included in the budget for 2004 but some services for transportation were left in the
budget. Mr. Loney noted as the City grew there were more residents demanding services in
Official Proceedings of the September 3, 2003
Shakopee City Council Page -4-
addition to the development projects. Mr. Loney noted the Engineering department was
stretched to the maximum.
Mr. Loney reported on the Public Works budget. He noted there was talking going on regarding
the reorganization of the Public Works Department. Mr. Loney noted there was a backlog of
maintenance work that needed to be done that just could not get done because of all the new
growth and the older growth that caused calls for service. Maintenance was always being
deferred. Mr. Loney noted the number of residents being served by one public works employee
had more than doubled since 1995. He needed more employees. Mr. Loney noted the shop for
public works had an increase in their budget because the shop was going to take over all of the
utilities for the whole building [now shared with the Police Department] once the Police
Department moved into their new building.
Mr. Loney reported on the Street Division budget within the Public Works Department. Mr.
Loney pointed out that the street department was looking at sharing a sign machine facility that
Scott County had; therefore, he recommended that this item be subtracted out of the budget.
This item was being worked on with Scott County and they seemed amenable to the sharing. Mr.
Loney noted the City was also looking at sharing or renting a grader with Scott County and then
the City would be able to sell their grader if this sharing actually took place. Mr. Loney noted
the Streets budget (snow plowing, ice maintenance, street conditions) was somewhat weather
dependent. Cnc1. Joos would like to see street maintenance a high priority in the Streets budget.
Mr. Loney stated that he anticipated in 2004 there would be much mote work (maintenance)
done with the storm drainage and the sanitary sewer elements.
Mr. Loney reported on the Shop Division budget within the Public Works Department. This
budget showed an increase mostly because of the third mechanic position that had been added on
a temporary basis. Mr. Loney was requesting that this third mechanic be hired on a permanent
basis rather than a temporary basis. Mr. Loney noted that he liked hiring a part-time person for a
couple hours a day from the high school; this was a win/win situation for all involved. Mr.
Loney noted the capital expenditures, operating supplies and equipment maintenance were
reduced in this budget. It was noted that the City did supply the tools for the mechanics. There
was discussion as to who should supply the tools.
Cnc1. Lehman would like Mr. Loney to consider an alternative to gas for heating the shop. Mr.
Loney stated he would follow-up with this suggestion and look into alternatives. Mr. Loney
noted a consultant needed to be hired to help with the fleet management and this expense was
reflected in the professional services account.
Mr. Loney reported on the Parks Division budget within the Public Works Department. He
noted that this budget was pretty much the same as last year. There was a slight increase in
wages due to step increases and a slight increase in supplies and services. Mr. Loney noted that a
previously approved maintenance operator still had not been hired. The number of temporary
Official Proceedings of the September 3, 2003
Shakopee City Council Page -5-
employees had been reduced from five to four. Mr. Loney noted that this division would be
picking up the soccer complex, more fields at Tahpah Park and some neighborhood parks and
that meant additional work for them.
Ms. Judith Cox, City Clerk, reported on the difference in the City Clerk's budget from 2003 to
2004. The major differences concerned the $50,000 for electronic imaging equipment for 2003
and the money budgeted for additional election judges for 2004 (there would be two elections)
and two additional precinct counters. Ms. Cox explained the decrease or increase in the budget
for 2004 depending on whether the electronic imaging equipment for 2003 was factored in. The
budget for 2004 increased mainly where the elections were concerned. Mayor Mars expressed
his continued support for the purchase of electronic imaging equipment, as budgeted for 2003.
Mr. Gregg V oxland, Finance Director, reported on the budget for the Finance Department. Mr.
V oxland noted the operation would continue the same as it had. There were three significant
changes. These changes were: 1) the assessing contract, 2) the auditing contract and 3) the
accounting clerk position. Rather than the accounting clerk being budgeted for full time that
position is now budgeted for 4/5 time in the 2004 budget. Mr. V oxland noted the budget was
increasing three percent.
Mr. Mc Neill reported on some Public Works items. He noted that Oertel Architects was looking
at the remodeling of the existing building plus adding an addition onto that existing building.
Mr. McNeill noted that state law had changed and cities could now issue bonds for certain items
without a referendum, the building fund did not need to be regenerated for the City to build this
building that was so critically needed. Mr. McNeill needed to know from the Council ifin fact
this was what they wanted to do. If so, this plan would be built into the CIP and a public hearing
would be scheduled for this item before the end of the year. Mr. Mc Neill noted that probably in
2005 the CIP would need to reflect a bond payment for the bonds that were sold for the purpose
ofremodelinglbuilding for the Public Works Department. There was talk of including the SPUC
building (buying the land) to be included in the Public Works remodelinglbuilding project. Mr.
Loney pointed out that including the SPUC building was beyond the scope of services that the
City had contracted for with Oertel Architects. It was noted that this bonding could be included
in the CIP, the public hearing could be held but in the end the bonds did not have to be issued if
the Council decided not to go this way because they did not like the numbers.
There was consensus that the purchase of the SPUC building along with the remodeling/building
of the Public Works facilities be included in the CIP and to use the bonding mechanism and set a
public hearing date. There was discussion on also having the fire station/s in this bonding
activity. Mayor Mars noted that this could be identified in the CIP for 2004, a public hearing
could be held and the Council could choose after seeing some hard number not do this project.
There was more direction given to Mr. Voxland to put the numbers for the fire station on
Vierling Drive and the fire station for the east side of town in the CIP, and also to put the new
City Hall construction in the CIP, to have this public hearing and then decide if the City wanted
Official Proceedings of the September 3, 2003
Shakopee City Council Page -6-
to more forward on the bonding. The building fund impact was to have three separate sets of
figures.
Mr. Loney would like Oertel Architects to take a closer look at the study done in 2000 by lEA
and come up with a closer cost estimate for the public hearing. The last ~tudy on the Public
Works building/expansion was done in 2000 and Mr. Loney figured this study probably needed
some updating.
Joos/Helkamp offered Resolution No. 5949, A Resolution Levying A Tax At The Request Of,
And Consenting To The Levy Of A Tax By, The Economic Development Authority For The
City Of Shako pee, and moved its adoption. Motion carried 4-0.
JooslLehman offered Resolution No. 5951, A Resolution Setting Proposed Maximum Tax Levy,
Collectible in 2004, and moved its adoption. Motion carried 4-0.
He1kamp/Lehman offered Resolution No. 5950, A Resolution Canceling Debt Service Levies For
2003/04, and moved its adoption. Motion carried 4-0.
Mr. McNeill noted there would most likely be a few more workshops on the budget but the next
formal action on the budget would take place at the Truth and Taxation meeting on December 1,
2003. The important thing that needed to be done and was now done was to establish the amount
that was to be certified to Scott County by September 15.
LehmanlHelkamp moved to adjourn to Tuesday September 16, 2003 at 7:00 p.m. Motion carried
4-0. The meeting adjourned at 8:30 p.m.
U",Jffi J, (~1
udith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE,MINNESOTA SEPTEMBER 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; Tracy Schaefer, Assistant to the City
Administrator and Jerry Poole, Deputy Police Chief.
The pledge of allegiance was recited.
Joos/Link moved to approve the Agenda as written. Motion carried 5-0.
Mayor Mars reported that on September 9,2003 he went on a tour of two neighborhoods with
Michael Leek, Community Development Director, Mark Themig, Facilities and Recreation
Director and Julie Klima, Planner II. He toured "Liberty on the Lake" in Stillwater and found it
very interesting and informative. He noted he also attended the five-year anniversary of River
City Centre in Shakopee. He noted this building had been very successful for the City of
Shakopee and it had been a model for other communities to use as an example of mixed use.
Mayor Mars noted that he went on a tour of some of the newer projects in Burnsville, St. Louis
Park, Hopkins, Minneapolis and St. Paul with the Metropolitan Council and the Livable
Communities Advisory Committee. These projects were very much like Shakopee's River City
Centre. He also attended the ground breaking for Scott County's new law enforcement center.
Mayor Mars noted that Saturday, September 20th would be the dedication of the new Helicopter
in Memorial Park. Mayor Mars also stated that in October, he would be attending the Mayor's
Association annual meeting.
The following items were added to the Consent Agenda. 15.A.l A ward of Contract for LED
Replacement, Project No. 2003-8, 15.A.2 Set Workshop Session on Public Works Organizational
Study and l5.E.2 Authorize Hiring of One Police Officer.
Joos/Helkamp moved to approve the Consent Agenda as amended. Motion carried 5-0.
Mayor Mars asked if there were any citizens present who wished to address any item not on the
agenda. There was no response.
Joos/Helkamp moved to approve the meeting minutes for August 6, 2003. (Motion carried under
the Consent Agenda).
Joos/Helkamp moved to approve the bills in the amount of$857,003.97 plus $289,909.02 for
refunds, returns and pass through for a total of$1,137,9l2.99. (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 16, 2003
Shakopee City Council Page -2-
Mayor Mars opened the public hearing on the proposed assessments for Sarazin Street and
Valley View Road improvements, Project No. 2001-5.
Mr. Loney, Public Work Director /City Engineer, reported on the assessment hearing. Mr.
Loney noted this project area encompassed Sarazin Street from Mooer's A venue to Valley View
Road and Valley View Road from Sarazin Street to the east plat line of Pheasant Run 6th
Addition. The feasibility study for this project was adopted in February of2001. It took a while
to develop the project, project costs and to take care of other issues associated with this project.
Mr. Loney noted what services where included in the project [sidewalk, sanitary sewer, water
main, etc.]. Mr. Loney noted the total project cost was $2,009,990.44. This figure included
construction costs, trunk water charges, right-of-way acquisition, engineering and administration
costs.
Mr. Loney noted originally the assessments were shown without any contractual agreements and
benefit reductions that were previously authorized by Council. Mr. Loney stated one of the
issues with this project was the benefit that some of the parcels south ofVa1ley View Road
would/would not have. Council authorized benefit appraisals for eight of the properties along
Valley View Road and from this study it was shown that three of the parcels would not receive
benefit to equal the assessment [Berg, Theis and O'Loughlin property could not subdivide to
achieve the benefit of sewer and water and would therefore get an assessment reduction.].
Mr. Loney noted eight agreements were sent and eight agreements were signed by property
owners on the south side of Valley View Road with parcels less than 10 acres. Mr. Loney and
Mr. Thomson, City Attorney, worked on these contractual agreements. This agreement provided
for a 10 percent reduction of the base assessment, with an interest rate reduction of 1.5 percent on
the remaining amount of the assessment to be deferred. Mr. Loney also stated some of the
parcels were given a reduction in the trunk acreage charge because they were large parcels but
could not be subdivided to a great extent and they did suffer some part of a hardship.
Mr. Loney showed how the assessment costs was divided up. He noted that the local street
equivalent was assessed to the property owners along Valley View Road and Sarazin Street.
This was consistent with the City's policy. The sanitary sewer was also assessed to properties
that would use the sewer, the sidewalk was assessed to the developers of Prairie Village and
Pheasant Run along their properties as per the policy, the other sidewalks, where development
was not occurring at this time, was picked up by the City. The City picked up the bituminous
trail 100%. The local storm sewer was part of the project that was assessed as part of the local
street and the oversizing of the storm sewer to drainage off site was picked up by the City and
paid out of the storm water trunk fund. Mr. Loney noted there was some additional work
through out the project that people requested such as additional sanitary sewer services, and/or
additional driveways and these additional assessments were charged 100 percent to the property
owner and this portion of the assessment was not included in the discount given in the
contractual agreement.
Official Proceedings of the September 16, 2003
Shakopee City Council Page -3-
Mr. Loney showed the new assessment roll via the document camera. He noted the eight parcels
that had a benefit appraisal done and how those assessments had been affected. Council was
asked to approve seven of the assessment agreements; one had been approved. Council also was
asked to adopt the assessment roll based on these assessment agreements. Mr. Loney noted that
a benefit appraisal had been done on the Schultz property and that benefit appraisal noted that
there was a great amount of benefit to this parcel. Mr. Loney also showed what parcels were
paying the four percent interest.
Mr. Loney noted the City had a letter stating that U.S. Homes and their title company would
cover the assessments for Prairie Village 6th and 7th additions. Mr. Loney noted the City also had
a letter of credit from these developments and that letter of credit was reflected in the assessment
roll. Mr. Loney noted the other developer, Pheasant Run of Shakopee, LLP had also stated that
they would pay their assessment in full. Mr. Loney noted that BetaSeed was going to pay their
assessment in full according to discussions with them. There was a letter from Joan L. Schultz
discussing her parcels.
Mr. Loney noted the work was mostly done for this project. The City was not happy with the
seeding work on the project and the City would get the contractor to redo the seeding.
Mr. Loney noted the City was picking up the amount of each 10 percent reduction that the eight
parcels received with their contractual agreement. Mr. Loney noted the deferred assessments
[hook -up charge] on the eight parcels would be picked up later when these properties connected
to the sewer.
Mayor Mars called for public testimony.
Joan Schultz, 2104 Valley View Road, approached the podium and stated she was of the opinion
from earlier meetings that there would not be any interest accrued on the deferred assessments.
She stated that she wondered if in fact interest could be collected on assessments that were on
property that was in green acres. Ms. Cox stated she talked with one of the Scott County
assessors regarding interest on green acres. She stated that she was told that interest did accrue
on assessments that were on property in green acres. Ms. Schultz's property was over 10 acres
and therefore she was paying interest at the 4 percent rate. She noted it was the developments
[Pheasant Run Additions] that drove the Valley View Road improvement and they should be
charged more. She did not want the sewer and water and she did not need the other
improvements either. Ms. Schultz stated that if the interest was taken care of on the deferred
assessment amount she would not contest the assessment amount otherwise she might have to
contest.
Jim Thomson, City Attorney addressed Ms. Schultz and stated most of the rules for assessments
were set by state law. The greens acres interest ruling was set by state law; the City did not have
the authority to change how interest accrued on an assessment that was adopted.
Official Proceedings of the September 16, 2003
Shakopee City Council Page -4-
Dawn Kahnke, 2224 Valley View Road, approached the podium and noted her discontent with
the Valley View Road project She felt the amount of the assessment was beyond toleration.
She was dissatisfied with the way the project had been handled, especially the assessments. She
felt the developer was getting off extremely easy. Ms. Kahnke wanted it on public record,
because they were considered rural residential, that they would be allowed to repair their septic
system or well down the road if that became necessary and they would not be forced to hook up
to sewer and water. She had this conversation with Mr. Loney and he clarified this comment
with Mr. Leek.
Kris Ruth, 1730 Valley View Road, approached the podium and noted that this had been a
horrible project for everyone. She agreed with Ms. Schultz and Ms. Kahnke that this project was
forced on long time owners that did not want this project.
Joos/Lehman moved to close the public hearing. Motion carried 5-0.
Cncl. Lehman questioned Mr. Loney on the street and sidewalk assessments. Mr. Loney noted it
was City policy to assess every street that abutted property. Mr. Loney noted sidewalks were not
assessed unless the sidewalk affected a development and the developer signed an agreement that
they would pay for the sidewalk adjacent to their property. Mr. Loney stated the sidewalk on the
south side was not assessed; the City picked up the cost.
Joos/Lehman offered Resolution No. 5938, A Resolution Adopting Assessments, As Revised On
September 16, 2003, For Sarazin Street, From Mooer's Avenue to Valley View Road; And
Valley View Road, From Sarazin Street To The East Plat Line Of Pheasant Run 6th Addition,
Project No. 2001-5, and moved its adoption.
Mr. Thomson stated the difference between the agreements and green acres was the green acres
was covered under state law [a statute] and the agreements were a contractual obligation [part of
the assessment was not assessed it was going to be paid at time of hook-up, it was not an
assessment, but a contractual obligation for a hook-up]; the City could set that interest rate.
None of the eight parcels with an agreement were in green acres. Mr. Link noted that this
assessment was not levied yet. Mr. Thomson noted the City established the interest rate to be
charged on assessments but if the City changed the interest rate they had to change the interest
rate for all not just one and the new interest would still continue to be accrued on the green acres.
Mayor Mars noted that this had been a difficult project. He noted that these improvements did
add value to the properties.
Discussion ensued on reducing the interest rate from 4% to 3%.
Official Proceedings of the September 16, 2003
Shakopee City Council Page -5-
Mayor Mars noted that the City gave a 10 percent reduction on some of the assessments based on
the benefit appraisal and gave a lower interest rate thru negotiations to the contractual hook-up
charges [agreement] already to the parcels less than 10 acres on the south side of Valley View
Road. Many of these land-owners had a tremendous opportunity to develop their land now if
they wanted.
The main motion carried 5-0.
Helkamp/Link moved to authorize the appropriate City officials to execute the seven assessment
agreements that had been prepare by the City Attorney and signed by the property owners for
rID Nos. 27-917008-0; 27-917006-0; 27-917009-0; 27-917010-0; 27-9l70Il-0; 27-917018-0;
27-917018-1. Motion carried 5-0.
Mayor Mars opened the public hearing for the proposed assessments for 17th Avenue
improvements from County Road 79 to Colonial Street, Project No. 2002-1.
Mr. Loney reported on the 17th Avenue improvements. He noted that eventually this road would
be turned over to the County. He noted that 725 feet of the street frontage was attributed to
Westchester Estates; the rest of the street frontage was attributed to Providence Pointe 2nd
Addition. Mr. Loney noted the total project cost was $891,270.40. Mr. Loney noted the City
cost was $222,010.95. The majority of the City cost could be attributed to the oversizing of the
road [width for a 9 ton road] as well as a bituminous trail. The developer's cost was
$669,259.45. The developer paid for the sidewalk, right-of-way and most of the street
construction costs and ~ of the street lighting, per policy for a collector street, watermain and
storm sewer. Mr. Loney noted the City would pay for the street out of the capital improvement
fund. Mr. Loney noted the two developers, Tollefson Development and Town and County
Homes, signed a petition for these improvements and waived their rights to contest the
assessments. Mr. Loney noted the interest rate on the assessments was four percent.
Mayor Mars called for public testimony. There was none.
Joos/Helkamp moved to close the public hearing. Motion carried 5-0.
Helkamp/Link offered Resolution No. 5939, A Resolution Adopting Assessments For 17th
Avenue, From County Road 79 To Colonial Street, Project No. 2002-1, and moved its adoption.
Motion carried 5-0.
Ms. Cox reported on the four alleged liquor violations. She noted compliance checks were
conducted by the Police Department on March 22, and May 17, 2003. According to the new
Ordinance that was adopted on July 2, 2002 the City Administrator may impose the penalties
outlined in City Code for a first or second incident within a three-year period upon an admission
by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. Three
Official Proceedings of the September 16, 2003
Shakopee City Council Page -6-
licensees have admitted to the violation and have signed the "Waiver and Admission of
Violation": Babe's Place, Speedway SuperAmerica LLC (2nd incident within a three year
period), and Knights of Columbus Home Association, Inc. Ms. Cox stated that one of the
alleged licensee violators, Derby, Inc. had not signed the Waiver or Admission of Violation and
wished to speak before the City Council. She noted that on both dates for the compliance checks
Derby, Inc. failed the compliance check.
Lehman/Link moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Babe's Place, Inc., 124 South Holmes Street, for the sale of alcohol to a minor and impose a
penalty for the first violation in the amount of$l,OOO and a suspension of the license for one day,
and suspend $500 of the fine and the one day suspension for one year on the condition that the
licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during
that one-year period. Motion carried 5-0.
Lehman/Link moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Speedway SuperAmerica LLC. dba Super America #4546, 1298 Vierling Drive East, for the sale
of alcohol to a minor and impose a penalty for the second violation in the amount of $1 ,500 and
a suspension of the license for five days beginning at 12:01 a.m. on October 3,2003 and ending
at 12:01 a.m. October 8, 2003. Motion carried 5-0.
Lehman/Link moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Knights of Columbus Home Association, Inc., 1760 East 4th A venue, for the sale of alcohol to a
minor and impose a penalty for the first violation in the amount of $1 ,000 and a suspension of
the license for one day, and suspend $500 of the fine and the one day suspension for one year on
the condition that the licensee has no further incidents of furnishing or selling alcoholic
beverages to a minor during that one-year period. Motion carried 5-0.
A hearing was now held for the 4th alleged liquor violation licensee, Derby, Inc.
Dale Schmitz, 13920 Virginia Avenue South, Savage, approached the podium and noted he was
aware that the City of Shakopee had policies in place for liquor violations but he had not been
aware of the severity of the fines and suspensions. Mr. Schmitz stated he was willing to sign a
"Waiver and Admission of Violation" but he wished to speak to the severity of the fines and
suspension. Mr. Schmitz admitted that the first violation was the fault of his employee. He
noted that their systems had now been upgraded and that employee had been terminated.
Regarding the second violation, he noted he did not like the police officer distracting his
employee while the minor came up to purchase the alcohol. Mr. Schmitz noted he would sign a
"Waiver and Admission of Violation" for the first offense. Mr. Schmitz submitted the signed
"Waiver and Admission of Violation" to the City Clerk. Ms. Cox informed the Council that the
"Waiver" that had been signed covered both incidents. Mr. Schmitz noted it was not his intent to
admit to both violations. He would admit to the first violation, however.
Official Proceedings of the September 16, 2003
Shakopee City Council Page -7-
It was noted by Mr. Schmitz that he intended to sell the business Monday, September 22, 2003.
Ms. Cox noted when the business was sold the current penalties did not transfer to the new
owner.
Lehman/Link moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Derby, Inc., 1678 17th A venue East, fOf the sale of alcohol to a minor and impose a penalty for
the first violation in the amount of$l,OOO and a suspension of the license for one day, and
suspend $500 of the fine and the one day suspension for one year on the condition that the
licensee has no further incidents of furnishing or seJling alcoholic beverages to a minor during
that one-year period if the liquor license was turned back to the City on Monday September 22,
2003. Motion carried 5-0.
Mr. Schmitz spoke to the second violation. He felt with the way the compliance check took
place that he was almost set up. He did not think the compliance check was fair. Mr. Schmitz
admitted that the minor had not been asked for identification and that normally was done. Mr.
Schmitz admitted to the second violation.
Helkamp/Joos moved to acknowledge receipt of the "Waiver and Admission of Violation" from
Derby, Inc., 1678 17th A venue East, for the sale of alcohol to a minor and impose a penalty for
the second violation in the amount of $1 ,500 and a suspension of the license for five days
beginning at 12:01 a.m. on September 17,2003 and ending at 12:01 a.m. on September 22,2003.
Mr. Schmitz was notified at the Council meeting the dates of the alcohol license suspension. Ms.
Cox stated once the old license was surrendered the new license would be delivered. Cnc1. Joos
encouraged Mr. Schmitz to let the new owners know that there were programs available to send
their employees to to get them up to speed on the City's policies and proper liquor selling
methods.
Motion carried 5-0.
Mr. Leek reported on Shakopee Public Utilities request for a waiver of criteria to allow a minor
subdivision. Mr. Leek noted the waiver of criteria was needed for zoning criteria for wells nos.
15, 16 and 18. Mr. Leek noted there were some concerns by City staff for the requested waivers
for well no. 16 and well no. 18. Mr. Leek noted what was proposed for well no. 16 and well no.
18 would create lots that had no frontage on public roadways. Mr. Leek noted that Joe Adams,
Utilities Manager for Shakopee Public Utilities, stated today that they would defer a decision on
the waiver of criteria for well no. 16 and well no. 18 to another time so discussion could take
place between SPUC and City staff regarding the concerns. SPUC would like to begin drilling
well no. 15 this fall and they asked that the waiver on lot size be considered for well no. 15. This
well was located on the School District property fronting 17th Avenue.
Official Proceedings of the September 16,2003
Shakopee City Council Page -8-
Mr. Leek gave some background information on the current zoning of the School District
property. Because of SPUC's desire to put a well on this property and to own the land that this
well would be located on, the underlying zoning requirement for lot size needed to be waived,
because that criteria stipulated that the lot size needed to be 40 acres. SPUC would like to place
a structure with that well that would comply with the R-IB zoning standards that have been
applied to all the subdivisions in the immediate area that are single-family lots. Mr. Leek noted
that City staff had no objection to this lot size waiver request. Mr. Leek noted that SPUC wanted
to own the land where the wells would be located because they would have a substantial
investment in the well.
LehmanlLink moved to approve a motion approving SPUC's request for a waiver of the City's
lot size and frontage requirements for well no. 15, located on 17th Avenue, east of Sun Path
Elementary School.
Ken Adolf, with Schoell and Madson, Inc., approached the podium and clarified that it was the
land where there was a well with a pump house that SPUC was interested in owning the land.
SPUC was looking at about a 110 square foot site. The main pump house would be located on
property where well no. 15 was located and that was on school district property. There was a
need to move forward with well no. 15. Well no. 18 would be a satellite well without a pump
house. Mr. Adolf stated that SPUC would be comfortable with a lease or an easement for well
no.l6 and well no. 18.
Motion carried 5-0.
Cncl. Joos stated that he attended a School Board meeting and noted that there would be a
secondary school forthcoming and the School District was in negotiations with SPUC regarding
the land for well no. 15.
Joos/Helkamp offered Resolution No. 5953, A Resolution Accepting Bids On The Installation Of
Traffic Control Signal LED's, Project No. 2003-7, and moved its adoption. (Motion carried
under the Consent Agenda).
Joos/Helkamp moved to authorize the appropriate City Officials to execute an extension
agreement with WSB & Associates, Inc. to provide consultant services on the 2003-7 Project.
(Motion carried under the Consent Agenda).
Joos/Helkamp moved to authorize a 5% contingency amount for use by the City Engineer in
authorizing change orders or quantity adjustments of the 2003-7 Project. (Motion carried under
the Consent Agenda).
Official Proceedings of the September 16, 2003
Shakopee City Council Page -9-
Joos/Helkamp moved to approve the date of Tuesday, September 30th as a meeting date to
discuss the Public Works Organizational Study and Building Expansion Project. (Motion carried
under the Consent Agenda).
Joos/Helkamp moved to authorize execution of Change Order No.5 in the amount of $4,829,
Change Order No.6 in the amount of $3,438 and Change Order No.7 in the amount of $4,256
for the Police Building project, in favor of CM Construction. (Motion carried under the Consent
Agenda).
Joos/Helkamp offered Resolution No. 5952,A Resolution Setting The Public Hearing Date To
Consider The Vacation Of Easement And Right-Of-Way, Located Within The Proposed Thomas
A. Philipp Addition, East Of The Intersection Of 17th A venue and Independence Drive, and
moved its adoption. (Motion carried under the Consent Agenda).
Joos/Helkamp offered Ordinance No 681, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending Chapter 11.46 Zoning Ordinance Amendments, and moved its
adoption. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to acknowledge the satisfactory completion of probation and authorize the
retention of Jeff Wyckoff as police Officer effective September 23, 2003. (Motion carried under
the Consent Agenda).
Joos/Helkamp moved to authorize the hiring ofNichole Marquardt as a probationary police
officer, at a monthly rate of$3,358.58 subject to the satisfactory completion of pre-employment
medical and psychological examinations. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to approve the applications and grant an off sale liquor license and a
tobacco license to Hoang's South Side Liquors, Inc., 1667 17th Avenue East, conditioned upon
surrender of the existing liquor and tobacco licenses. (Motion carried under the Consent
Agenda).
Joos/Helkamp moved to approve the application and grant a temporary on-sale liquor license to
the Church of St. Mark, 350 South Atwood Street, for October 4, 2003. (Motion carried under
the Consent Agenda).
Joos/Helkamp offered Resolution No. 5943, A Resolution Of the City Of Shakopee, Minnesota,
Accepting A $1,500 Donation From Vision Shakopee, and moved its adoption. (Motion carried
under the Consent Agenda).
Joos/Helkamp moved to authorize the appropriate City officials to purchase Victorian lights for
$7,008, library garbage cans, ash urns, bike rack and park benches for $6,049.38 with funds from
the library building contingency fund and police department garbage cans and ash urns for
Official Proceedings of the September 16, 2003
Shakopee City Council Page -10-
$1,058.61 from the police building contingency fund. (Motion carried under the Consent
Agenda).
Joos/Helkamp moved to authorize the opening of a Sam's Club membership/account and credit
card for City business not to exceed a $5,000 credit limit. (Motion carried under the Consent
Agenda).
Joos/Helkamp moved to authorize appropriate City staff to designate the library alley between 3rd
and 2nd Avenues one way from West to East. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to authorize the appropriate City staff to post two-hour parking, from
8 am - 5 pm, on the North half of 3rd Avenue between Lewis and Sommerville Streets. (Motion
carried under the Consent Agenda).
Lehman/Mars moved to adjourn to Tuesday, September 30, 2003, at 5:45 p.m. at City Hall in the
Council Chambers. Motion carried unanimously. The meeting adjourned at 8:42 p.m.
7rvJJ~ g. 6F
dith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 30, 2003
Mayor Mars called the meeting to order at 5 :45 p.m. with Council members Lehman, Joos,
He1kamp and Cncl. Link present. Also present were: Mark McNeill, City Administrator; Judith
S. Cox, City Clerk, Bruce Loney, Public Works Director/City Engineer; Mark Themig, Facilities
and Recreation Director; and Mike Hullander, Public Works Supervisor.
The following item was added to the Agenda. Irrigation for the Soccer Facilities.
Mr. Themig reported on the irrigation for the soccer complex. Mr. Themig gave an overview of
what is and what is not being irrigated now out at the soccer complex. Mr. Themig noted that it
was basically the soccer fields being irrigated while the land next to the residents went
unirrigated. Mr. Themig noted it was the City's general practice to irrigate sports facilities and
active play areas but not general parks. Mr. Themig noted there were two exceptions to this
practice. These exceptions were: Lion's Park, where the Lion's Club paid for the irrigation
around the picnic shelter and around the skate park at the community center, because this
irrigation system could tie in with the general community center irrigation system. The cost to
install this additional irrigation system next to the residents would be about $12,000. Mr.
Themig noted that if these areas were irrigated, a little more open area for active play areas could
be created. Mr. Themig noted there was one irrigation well that would be located onsite that was
being paid for by the City, Shakopee Area Catholic Education Center and the School District.
For the time being that one well was sufficient but in the future ifmore irrigation were needed
then phasing of the irrigation may be required.
LinklHelkamp moved to authorize the installation of additional irrigation to the soccer facility
irrigation system and award a change in favor of S.M. Hentges & Sons in the amount of
$11,937.15. Motion carried 5-0.
Mr. Loney wanted to discuss the master plan for the remodeling of the Public Works site and
perhaps include the purchase of the old Shakopee Public Utilities building and then include the
old Shakopee Public Utilities building in the remodeling master plan for the Public Works
Department and also to discuss the reorganization (structure) of the Public Works Department.
Mr. Loney noted when JEA Architects did a space needs study in 2000 for what amount of space
would be needed for a ten year period for the Public Works Department they came up with a
31,000 sq. foot expansion forecast plus a remodeling of the Public Works building once the
Police Department moved to their new building. It was also recommended that there be a 11,000
sq. foot building for cold storage in the future and also a salt storage building. The City now
owned a possible l2.7-acre site including the Shakopee Public Utilities building. Mr. Loney
noted that if the expansion was done according to JEA Architects plans a lot of outside storage
space would be lost and the Public Works Department needed a lot of outside storage.
Official Proceedings of the September 30, 2003
Shakopee City Council Page -2-
Mr. Loney noted if the old Shakopee Utilities building was purchased that would give the City
another option of rebuilding the Public Works building and utilizing the current Public Works
building for cold storage thus leaving the needed outside storage space. Mr. Loney also
suggested that in the future it would be possible that the City Engineering Department
could/would be located in the Public Works building. Since the current building was built, it was
stated the population had more than doubled in size.
Mr. Loney noted that if the Shakopee Public Utilities building was not included in the site then
about four acres would come off the 12 acres and there would probably not be adequate land for
the Public Works building site.
Mr. McNeill, City Administrator, noted that the City was proceeding under the assumption that
SPUC owned the existing Shakopee Public Utilities building and land. Research was needed to
determine who really did own the land that the Shakopee Public Utilities building was actually
on.
Jeff Oertel, with Oertel Architects, approached the podium and noted that Oertel Architects had
much experience doing government buildings for cities and the county. Mr. Oertel stated that for
approximately the same amount of dollars as remodeling the old Public Works building would
cost that amount of money could be spent on building a new building and making the current
building suitable for cold storage or semi heated storage. Mr. Oertel noted some cities that might
be used for samples.
Mr. Oertel spoke about having a centralized location. He noted it was very unusual for a city to
have satellite buildings for their equipment. Operationally this satellite system was less efficient
and actually the equipment was never in the right place.
Cncl. Lehman had some questions he wanted answers for regarding costs on the existing
Shakopee Public Utilities building before he moved forward very far. Mr. Oertel noted there
were many issues with this building for whoever took it over. The building was not suitable "as
is" for the Public Works Department. There were some long-term issues to deal with for anyone
who bought the building. Mr. Oertel noted that Oertel Architects proposed to put the fleet
maintenance in the new building along with offices and administration offices and to use the
current Public Works building for shop related activities. Mr. Oertel noted with this initial plan
from Oertel Architects a cold storage building would not be needed now because the current
Public Works building could accommodate this use.
Mr. Oertel stated that initially the eight acres would work for the site but eventually (year 2020)
that would not be a large enough site and the site would need to be moved. Mr. Oertel noted that
if future needs were taken into consideration to begin with when the building was designed the
building could be designed for future expansion. It was noted that other sites had been
Official Proceedings of the September 30, 2003
Shakopee City Council Page -3-
considered but the downtown area was a higher maintenance area and this site was fairly
centralized within the City.
Mr. Loney felt this information was needed for the public hearing. He noted Oertel Architects
could do a master plan for $7,500 that would offer proposals for the site. He would like direction
as to whether or not the master plan should include the land that the current Shakopee Public
Utilities building was on. Mr. Loney felt the master plan needed to be done so there would be
firmer costs as to what tins project would cost. There were some hidden issues with the
Shakopee Public Utilities building itself; it may be less expensive to demolish the building and
build new. Mr. Loney also noted that City Engineering and Public Works were both
infrastructure-based departments. If City Engineering were added to the Public Works building
then that would free up much needed space in the old City Hall and that would put the need to
build a new City Hall out a few more years. Mr. Loney also noted if the Council chose they
could see the master plan from Oertel Architects in three dimension for an additional $1,200.
There was consensus that the Shakopee Public Utilities building and land should be pursued.
Cnc1. Helkamp would like to see this information to see if the master plan for this area was even
feasible before he committed any more money. Cnd. Helkamp was not in favor of the 3 D
model. Mr. Loney stated it did take about two months for this analysis to be done by Oertel
Architects.
Mr. McNeill offered to follow-up with Mr. Lou VanHout with Shakopee Public Utilities so the
Council would have some information on the building/land at their next council meeting in one
week.
Mayor Mars thought visualization of the plan was important. He noted he would be a proponent
of spending the $1,200 for the 3-D presentation down the line if the project did indeed move
forward. It was stated not all people could read a blueprint. It was thought this would be a good
tool for the residents to see.
Helkamp/Lehman moved to continue the decision on the master plan for Public Works until the
next City Council meeting, Tuesday, October 7, 2003, when information should be available on
the Shakopee Public Utilities building/land. Motion carried 5-0.
Mr. Loney reported on the Public Works reorganization plan. Mr. Loney noted the Short Elliot
Hendrickson (SEH) Organizational Study had been presented to Council on August 26, 2003.
The Council asked that this study be brought back before the Council again when there was more
time to discuss the study because not all of the questions got asked and answered. Mr. Loney
went over the recommendations and he added additional comments.
The first two recommendations dealt with the structure of the Public Works Department. The
community had grown significantly and so had the amount of work that the Public Works
Official Proceedings of the September 30, 2003
Shakopee City Council Page -4-
Department needed to do. The study suggested that more of a management team be created to
free up some time for the public works supervisor and that there should be more leadership roles
within designated areas. This would necessitate new job descriptions. It was noted that these
new management positions would no longer be in the current union. Mr. Loney noted there was
$20,000 put into the proposed 2004 budget for organizational changes, separate from cost of
living adjustments for current employees.
Mayor Mars thought the fleet management area would be a major capital cost but the benefits of
fleet management would far outweighed the costs. Mr. Loney stated that once the job
descriptions where done, it should be evident from the job description where certain job positions
belonged within the pay plan. Cncl. Joos noted that if the City did use the bonding mechanism to
build the new Public Works building that would free up the money that was set aside for the
construction of this building to allow the restructuring of the Public Works Department to
happen. It was noted that monies generated by the Engineering Department did go into the
General Fund. Cncl. Helkamp would like to see an action plan generated for the ideal structure
of the Public Works Department.
There was consensus that the structure of the Public Works Department along with their current
building needed updating and streamlining and Mr. Loney was to move forward with looking at
possible restructuring of the Department.
The third recommendation from SEH was that the records clerk position should be full-time
rather than part-time. Mr. Loney agreed with this recommendation but because of budget
limitations and because of the limited space now in the Public Works building he recommended
that this position go full-time when/ifthe new building was completed.
Mayor Mars thought the full-time records clerk position was needed to help the supervisor out.
Cncl. Joos thought there were many issues and a lot of work that needed to get done and he
thought this position was needed now. There was consensus that additional administrative clerk
duties were needed.
It was noted by Mayor Mars that recommendation no. 4 (SPUC building) would be looked at
next week at the next council meeting when more information should be available.
Mr. Loney noted there was money in the proposed 2004 budget for the additional Public Works
organizational structure like preparing job descriptions etc. if the restructuring of the Public
Works Department did more forward, recommendation No.5.
Mayor Mars noted that Public Works was currently working on the mapping and documentation
of the existing infrastructure, recommendation No.6. However, this work needed to happen in a
timely fashion.
Official Proceedings of the September 30, 2003
Shakopee City Council Page -5-
Recommendation no. 7 was that there be a three-year frequency process of sewer cleaning and
mapping of the sanitary sewer. To achieve this recommendation, staff had included an additional
maintenance person for 2004 to be principally funded out of the Sanitary Sewer Enterprise Fund
and/or Storm Drainage Fund.
Mr. Loney noted there were still some projects being done by developers that have not been
accepted that were under a developer's agreement and these items needed to be identified so the
Public Works Department was not doing unnecessary work. This area needed better
communication and a billing system needed to be set up so the proper person was billed for the
maintenance performed by the Public Works Department, recommendation No.8.
Mr. Loney noted the Public Works Department was now involved in review of the development
plans for preliminary and final plats and Planned Unit Developments (PUD's). This would result
in a final punch list that needed to be signed off before a Certificate of Occupancy was approved.
Mr. Loney noted recommendation no. 10 from SEH was regarding the mechanics providing their
own tools. This was talked about in a previous workshop and there were some issues regarding
this recommendation. Cnc1. Lelunan noted that he would like to see an inventory of the tools
owned by the City done.
Recommendation no. 11 from SEH was updating the existing Pavement Management System.
Mr. Loney thought the City was doing a pretty good job now in this area but more time, money
and training did need to be expended in this area to do a really good job and better coordination
between the Engineering and Public Works Departments to take place. Mr. Loney noted the
City's Plan for updating pavement condition ratings needed to be done again; it was over five
years old. However, Mr. Loney stated that this was probably not the year to request that
updating. Mr. Loney did note the City was beginning to fall behind on the reconstruction of
some City streets.
Regarding recommendation No. 12, Mr. Loney noted the City did have a policy on storm
drainage holding ponds and drainageways for maintenance but a more formal policy could be
done. This type work would require an additional person just in the sanitary sewer and storm
drainage area because of some new requirements that now need to be reported. The City could
improve in this area with a more defined policy as to when certain elements would happen.
Mr. Loney noted SEH recommended a policy on maintenance of sidewalks and trails and Mr.
Loney agreed there should be a policy also and this policy should also include the replacement of
defective sidewalks on a local street. Mr. Loney noted the way the policy was now, it was more
costly for the City to administer the policy than to pick up the entire cost of the sidewalk panel
replacement. Mr. Loney noted the sidewalk panel replacement would need criteria that needed to
be met, recommendation No. 13.
Official Proceedings of the September 30, 2003
Shako pee City Council Page -6-
SEH recommended that there be an education incentive program of the Public Works
Department, recommendation No. 14. Mr. Loney felt the education incentive program in place
now was pretty good and is budgeted. He did think this program needed to be more available
and promoted so the employees who wanted to use this program had the opportunity to use it.
Mr. Loney noted the City should be providing these opportunities for management so they stay
abreast with what was going on.
Recommendation no. 15 from SEH regarded the need for a fleet maintenance function to update
the systems that are currently being used. Mr. Loney was of the opinion that a more thorough
review needed to done of what was being proposed and then he should come back to the Council
with a more refined plan. Mr. Loney stated he would look at the mechanic/fleet supervisor
position and bring more information back to the Council.
Mr. Loney noted that a maintenance activity schedule was being worked on now and would
continue to be worked on this winter, recommendation No. 16.
Recommendation no. 17 from SEH regarded having a limited work crew available later in the
day (4:00-4:30 p.m.). Mr. Loney thought this item would need to be negotiated with the unions.
Mr. Loney noted most of the calls for service usually occurred after 6:00 p.m. Mr. Loney did not
think these additional hours at this time of day were necessary. He did not see the need.
Mayor Mars stated that the next time the Council saw this report, they would like to see how the
Public Works Department proposed to implement the restructuring plan and cost factors involved
with the implementation.
Mr. McNeill noted that things needed to be prioritized. Ifmore money were spent on the Public
Works reorganization than budgeted for there would be some items that would not get done. It
was noted that the SEH report had been accepted previously but this session was for more
discussion on the report.
Cnd. Link noted that there were several accidents at the intersection of Spencer Street and
Shakopee Avenue. He was wondering if perhaps a four way stop was necessary there. Mr.
Loney noted that a study needed to be done for this area to see why the accidents were
happening. Perhaps something was causing the accidents (sightlines). Mr. Loney noted that
staff would follow-up and come back with a report. Mayor Mars thought there should be a four
way stop at Fuller Street and Vierling Drive and that four way stop should be looked at as
Vierling Drive opened up. Mr. Loney noted that Vierling Drive and Fuller Street in this area
were City streets. It was noted that Scott County would need to do a study at the intersection of
Vierling Drive and Spencer Street before stoplights were put in there because there was a county
road involved (Spencer Street - County Road 79). Cnd. Lehman was concerned about the
parking lot at Pearson School. Traffic from the parking lot now exited onto Dakota Street. He
was concerned about the speed limit on Dakota Street, too. encl. Lehman asked Mr. Loney to
Official Proceedings of the September 30, 2003
Shako pee City Council Page -7-
look into installing a 20 mph speed limit sign while school was in progress on Dakota Street and
a sign denoting "Children at play" for Dakota Street. Cnc1. Lehman also asked Cnc1. J oos,
school liaison, to check with the school district on putting up a stop sign in the Pearson School
Parking lot exiting onto Dakota Street. Mr. Loney noted there were other school signs he was
checking into regarding some safety issues.
Cncl. Link also addressed the certificate on connection by Shakopee Public Utilities. He was
displeased with the amount of time it took the City and Shakopee Public Utilities to do all the
paperwork. He felt this all should be handled by Shakopee Public Utilities. Mr. Loney noted if
the City's right-of-way was being worked in, the City needed to know what was going on in the
right-of-way; therefore they needed to be involved. Mr. McNeill was going to speak with.
Shakopee Public Utilities to see if this process could be streamlined.
It was also noted by Cncl. Link there were problems within the building inspections department.
The building inspectors needed help and this needed to be looked at soon.
Mr. Ken Kimmes, store manager for Wal-Mart in Shakopee, approached the podium and
introduced himself. He noted the store had a challenge to get more involved with the
community. There was some money available to the store that he would like to get out into the
community. He also noted that if the City had any issues with the store he would like to see that
they were taken care of right away. Mayor Mars noted some good resource people to contact for
possible ideas for store involvement within the community.
Joos/Lehman moved to adjourn to Tuesday October 7,2003 at 7:00 p.m. Motion carried 5-0.
The meeting adjourned at 7:45 p.m.
lt~J.e;C
Ciith S. Cox
City Clerk
Carole Hedlund
Recording Secretary