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HomeMy WebLinkAbout7. Approval of Minutes: August 06, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 6, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Link, Joos, Lehman and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; and Mark McQuillan, Natural Resources Director. The pledge of allegiance was recited. The following items were added to the agenda. IS.F.IO Joint Meeting with the School Board and the Planning Commission to Hear a Presentation by the School District's Demographer and IS.D. 4 Extension Agreement with WSB for Surveying Services for Levee Drive Parking Lot and Staking the Soccer Complex. Helkamp/Link moved to approve the Agenda as amended. Motion carried S-O. Mayor Mars reported that on July 27 he attended and participated in the Support The Troops event for Private Jim Hergott. Mayor Mars noted that Senator Dayton along with Representative Kline and Representative Beard were present at that event and spoke. Mayor Mars noted that on July 30 he spoke on behalf of the City at the Metropolitan Council regarding the input that the Metropolitan Council wanted on their new framework and provided comments as well. Mayor Mars noted that Derby Days had been very successful once again. Mayor Mars thanked all the volunteers and the Public Works Department who worked on Derby Days for doing a wonderful job. Mayor Mars noted that on August 5 along with the other Council Members he attended National Night Out and he thanked Officer Cody Homer for putting that event together. Mayor Mars noted that participation in this event doubled over last year. The following items were added to the Consent Agenda. 15.DA Extension Agreement with WSB for Surveying Services for Levee Drive Parking Lot and Staking the Soccer Complex, 15.E.l Hiring of Nicole Peterson for planner I-GIS, 15.E.3 Completion of Probationary Period for Phillip Englin and 15.F.l 0 Joint meeting with the School Board and the Planning Commission to Hear a Presentation by the School District's Demographer. The following items were removed from the Consent Agenda. 15.B 1 Pheasant Run Park Change Order, 15.B.5 Award Contract for the Construction of the Soccer Complex, 15.F.6 Property and Liability Insurance Renewal and a portion ofItem 7 (the minutes from the June I ih meeting). Link/Lehman 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 ofthe August 6, 2003 Shakopee City Council Page -2- LinklLehman moved to approve the meeting minutes for June 10, 2003. (Motion carried under the Consent Agenda). Joos/Helkamp moved to approve the July 17, 2003 meeting minutes. This was taken off Consent because Cncl. Lehman was not present at the meeting and did not want to vote on this item but he wanted to vote on the other meeting minutes. Motion carried 4-0 with Cnd. Lehman abstaining. LinklLehman moved to approve the bills in the amount of$1,451,473.90 plus $193,204.63 for refunds, returns and pass through for a total of$1,644,678.53. (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 the petitions of David Voxland and Tollefson Development for annexation of certain lands in Jackson Township, continued from July 15, 2003. Mr. Leek, Community Development Director, reported on the petitions for annexation. He noted that the annexation was for approximately 31 acres of land. The petitions from David V oxland and Tollefson Development were being brought forward in connection with the development that Tollefson was contemplating for this area. Mr. Leek oriented the two annexation areas. Mr. Leek noted that this public hearing had been continued twice and now he had been informed by Donald Hedlund, Supervisor from Jackson Township that the Jackson Town Board had heard the petition and a decision was made by the Jackson Town Board not to send a formal communication to the Council on the petitions. Supervisor Hedlund noted there were two items for discussion. These items were the density of the proposed Tollefson Development and the potential for high traffic loading on County Road 15 (Marystown Road) and 17th A venue. Mr. Leek noted that even ifthese properties were annexed into the City, the land use was not guaranteed because when property was annexed into the City, it came into the City unguided. Mr. Leek noted the size of the project that Tollefson Development was proposing would require an environmental review. At this point, it was Mr. Leek's belief that an Environmental hnpact Study (EIS) was required. Mr. Leek noted Tollefson Development was not moving forward with an EIS. Several steps were needed before the Tollefson Development concept became a reality. Mr. Leek noted Tollefson Development could seek to amend the land use for the 128 acres that they have a purchase agreement for and already had been annexed. That amendment to the land use could be to guide the 128 acres and move forward in that fashion. This step would not provide for the completion of 1 ih Avenue through out that project at this time, however. Cncl. Lehman wondered with the magnitude of this project how would the City provide services with a frozen levy limit by the State. Mr. Leek was not sure of this answer. This project would have approximately 1100 new households that the City would have to provide new services for. Official Proceedings of the August 6, 2003 Shakopee City Council Page -3- Cncl. Joos noted that if 1 ih Avenue were allowed to be completed that would alleviate the School District's issue with their property. Mr. Leek noted there was a plus side for these two annexations with the major development occurring on the 128 acres already annexed. This annexation of the additional 30 acres would facilitate future planning for the School District; this was probably the most important public aspect ofthis annexation request. Getting 17th Avenue completed to Marystown Road was probably a good thing also. This would allow traffic in and out of the School District property and the Tollefson Developments. Cncl. Link was uncertain if the City should be continuing to annex land without a storm water management plan or a transportation plan. Mr. Leek responded to this comment. Mr. Leek noted that ifMUSA were not nearby it probably was too soon to annex the property. Cncl. Helkamp wondered if annexation in this area was premature now. Mr. Leek noted that he thought the developer was planning to extend 1 ih A venue all the way to County Road 15 with the development occurring in stages. The roadway construction was the most important outcome of this proposed annexation with some possible development occurring within the next two years. Cncl. Joos noted the School District was proceeding quite quickly with their plans and he thought by this Fall the School District would have a pretty clear idea of what facilities would be needed and within what time frame. Mr. Leek noted that according to the School Superintendent the bonding for a new facility would probably be in three years with a facility up and running in four/five years. Cncl. Lehman noted that the School District was not pushing for this annexation, at this time; they were pushing for the configuration oftheir land resulting from this annexation. As far as the roadway was concerned, normally the construction of roads were development driven; however, the County was looking at the alignment of this road and there was the possibility of some County cost sharing. It looked to Mr. Leek like there was probably a three- year time line for 1 ih A venue to be constructed. Mayor Mars had some questions regarding a storm water management plan and a transportation plan. Mr. Leek noted the storm water management plan could be a year off. Mr. Leek noted that the storm water management plan and the transportation plan needed to be done before there was much more annexation from Jackson Township. Mr. Leek stated there was a full proposal on the storm water management plan but it had not been brought before the City Council yet; the City was still waiting for a full proposal on the transportation plan from the City's consultant. Mayor Mars could see the importance of the little piece for the completion of 1 ih A venue in this area and for the School District but he also saw an importance for the storm water management plan and a transportation plan. Mayor Mars thought perhaps the annexation of some parcels in Jackson Township was getting ahead of some the systems plans. Mr. Leek noted that in conjunction with the orderly annexation agreement of Jackson Township with the City of Shakopee, there were to be some joint meetings and one of these meetings was planned for the month of August. The specific areas and the timing of these areas for annexation were items on the August meeting agenda. It was noted that this was an item that needed to be discussed with Jackson Township. Mr. Leek also noted that it was property owners initiating this Official Proceedings of the August 6, 2003 Shakopee City Council Page -4- annexation, it was not the City. Mr. Leek noted that ifthe City wanted to take advantage ofthe updated Comprehensive Plan that was not quite finished yet and because of the amount of MUSA that had already been allocated, the City could if they choose have a moratorium or an interim ordinance on further annexation until the updated Comprehensive Plan, a Storm Water Management Plan and a Transportation Plan were finished. Matt Weiland, Tollefson Development, approached the podium and pointed out a few things. He noted that the twenty acres that Tollefson Development was requesting to be annexed was purchased from the School District when the land swap between Tollefson Development and the School District took place (this land had not been annexed into the City yet). There was an additional! 0 acres that Tollefson Development was also requesting to be annexed into the City. Mr. Weiland stated that Tollefson Development was master planning the project in this area that would take place over a period of years. Mr. Weiland pointed out that higher density developments allowed services to be provided more efficiently than lower density developments. Mr. Weiland felt the annexation would enhance the transportation system. They would focus on getting 17th A venue through their property between County Road 79 and Marystown Road. He noted Tollefson Development was working with the County to get a safe alignment for 17th A venue figured out. Mayor Mars noted that if these areas were annexed, this property would be unguided. The City Attorney was going to follow-up on the guiding of annexed property into the City. Mayor Mars called for audience participation at this public hearing. There were no comments. Joos/Lehman moved to close the public hearing. Motion carried 5-0. J oos/Lehman moved to direct staff to prepare an ordinance annexing the David L. V oxland and Tollefson Development properties for consideration at the August 19,2003 meeting. Cnc1. Lehman had a concern regarding providing services for the proposed annexed areas and the uses of the proposed annexed areas in the future. He was looking at the properties tonight just as annexation because this land was needed to enable the construction of I ih A venue in this area. Cncl. Joos looked at the proposed annexation as a way to provide connectivity. This connectivity was a very important issue. Mayor Mars noted that he agreed with the extension of 1 ih Avenue and laying out the land for the School District. He would also like to see the City's Stormwater Management Plan and Transportation Plan updated for this area. Mayor Mars would also like to start looking at limiting the amount ofland to be annexed into the City at this time. Cncl. Joos thought MUSA itself would be a limiting factor because MUSA needed to be available to the annexed properties within two years. Cncl. Helkamp noted that to annex this thirty (30) acres was reasonable because the annexation allowed for I ih Avenue to come out to County Road 15 (Marys town Road). He did feel annexing any more properties from Jackson Township at this time would be premature. Official Proceedings of the August 6, 2003 Shakopee City Council Page -5- Motion carried 5-0. Cncl. Lehman noted that he attended the Park And Recreation Advisory Board meeting (PRAB) in July and the issue regarding the vandalism and dumping in Lake O'Dowd Park was discussed. The PRAB made some recommendations to help rectify these problems. Cncl. Lehman noted that he also attended the Vision Shakopee meeting. He noted at that meeting the Special Services District was discussed. Cncl. Lehman noted that Tuesday August 5th was National Night Out and he attended this activity. Cncl. Lehman noted that resident participation more than doubled in the City for National Night Out. Cncl. Lehman stated that he and Mr. Themig, Park and Recreation Director, met with some citizens out by the proposed Soccer Complex to address some questions and concerns of the residents. Cncl. Joos noted he attended many events. He volunteered at Derby Days where he talked with many residents and he, too, attended National Night Out. He noted he brought a few issues to staff s attention that he found out in these endeavors. Cncl. Link noted he attended a Shakopee Public Utilities Commission meeting (SPDC) and at that meeting SPUC let a contract for the painting of the water tower on 10th A venue. He noted Commissioner Cole VanHorn would like to fill out his term as SPUC Commissioner until April 2004 after he moves to New Prague. Cncl Link noted that SPUC would like to set up a joint meeting with the City Council to discuss cost sharing for the future upgrading of undergrounding of utility transmission lines. Mr. McNeill, City Administrator, suggested exploring the possibilities of holding this meeting at the workshop on August 26,2003. Mayor Mars noted that Jim Thomson, City Attorney would research the idea of having a line item for a utility fee on the building permits for developers and would then provide comment. Cncl. Helkamp noted he attended a Chamber of Commerce meeting where some changes to the by-laws and some marketing plans were discussed. The Business Education Fair held at the High School was also discussed and it was noted that this event would happen again. The finishing touches for Derby Days and the Taste of Shakopee were discussed. Cnc1. Helkamp stated that he attended a federal issues briefing presented by Congressman John Kline over at Scott County. This was an informative meeting and County Road 21 was looked at. Cncl. Helkamp turned over to Mr. McNeill the report update that he received on County Road 21. It was noted there was some interesting information in that report. Helkamp/Joos moved to recess for the purpose of conducting the Economic Development Authority meeting at 7:58 p.m. Motion carried 5-0. Mayor Mars re-convened the meeting at 8: 17 p.m. Official Proceedings of the August 6, 2003 Shakopee City Council Page -6- Link/Lehman offered Resolution No. 5921, A Resolution Of The City Of Shako pee, Minnesota Approving The Preliminary And Final Plat Of V alley Park Fifteenth Addition, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek, Community Development Director, reported on the Comprehensive Plan amendment to re-guide property from Business Park to Medium Density Residential and Open Space. Mr. Leek noted that in April of this year Ryan Companies filed a request to amend the Comprehensive Plan to re-guide 69 acres in the Valley Green Business Park from "Business Park to "Medium Density Residential." The site was currently guided for Commercial and Business Park. If the amendment were approved the site would then consist of Commercial, Business Park, Medium Density Residential and Open Space. Mr. Leek showed on the document camera the land use map denoting the subject site that was included in the second revision to the revised final AUAR. Mr. Leek noted that the Planning Commission reviewed this request and unanimously recommended denial of the Comprehensive Plan amendment request of Ryan Companies to re-guide 69 acres to Medium Density Residential from Business Park. Mr. Leek stated that because of the recommendation for denial to the request to rezone 69 acres from the Planning Commission, Ryan Companies had revised their request to re-guide 42 acres from "Business Park" to "Residential PUD" and to depict the open space as such. Mr. Leek noted that there would still be commercial along County Road 83, the area north ofthat commercial was Business Park that would remain Business Park, as well as a Business Park guiding in one other location. The 42 acres that was requested to be re-guided was now requested to be re-guided to "Residential PUD". Mr. Leek noted he had conversations with Mr. Kent Carlson, of Ryan Companies, regarding this re-guiding. Mr. Leek noted there was a complicated history to this site. Mr. Leek noted the letter on the table from Mary Romansky, Chair ofthe Planning Commission, requesting that the Planning Commission have the opportunity to review this application if there were any major changes. Mr. Leek noted that the request to re-guide 42 acres was a significant change if approved. Mr. Leek noted that he did not provide specific direction because the Planning Commission had not reviewed the amendment before the Council. LehmanlHelkamp moved to direct staff to have the Planning Commission review the revised request from Ryan Companies to re-guide 42 acres from "Business Park" to "Residential PUD" and to depict the open space as such at the Planning Commission's next meeting. Cncl. Link noted that the Comprehensive Plan did not call for any residential in the subject site. The Planning Commission noted on a 7-0 vote that this was prime commercial land. Cncl. Link and Cncl. Helkamp felt strongly that this request from Ryan Companies needed to go before the Planning Commission first. Official Proceedings of the August 6, 2003 Shakopee City Council Page -7- Mayor Mars noted that this amendment was really having the developer go back to the original concept that all the Boards had favorable comments on. Mr. Leek responded to this statement. He noted that the.original concept had residential property around Dean Lake which Jeff Schoenbauer, Brauer & Associates (City's consultant's) thought would have less impact on the Lake versus Business Park and fit better with the Public Values analysis that had been done by Brauer & Associates. Motion carried 5-0. A recess was taken at 8:34 p.m. Mayor Mars re-convened the meeting at 8:39 p.m. Mr. McQuillan, Natural Resources Director, explained the temporary improvements at O'Dowd Lake Park to address vandalism problems. Mr. McQuillan noted that the Park and Recreation Advisory Board (PRAB) was asking for some improvements for O'Dowd Lake Park because of vandalism and dumping problems. The PRAB was looking at using the small improvement projects fund for 2003 for these temporary improvements. Mr. McQuillan explained what this small improvement projects fund was used for. At the July 28, 2003 PRAB meeting the PRAB recommended several steps to be taken for a temporary fix for the problems at O'Dowd Lake Park. These ideas were from residents living around this park, City staff and from the PRAB. These recommendations were: 1) step up police patrols in the park, 2) install a metal gate across the road, 3) install posts on each side of the trail, 4) create a temporary parking area near County Road 79, 5) install park signs explaining the problem, 6) contract out this work if Public Works was not available immediately to do these improvements, 7) utilize funding from the small improvement projects fund from the Park Reserve account for the improvements. Mr. McQuillan noted a permanent solution would be identified as the temporary fixes were evaluated. Mr. McQuillan noted that this park was used significantly. Mayor Mars would like to buy a gate for this park rather than to borrow a gate from another City park. Cncl. Lehman noted that it was thought by the PRAB that once these vandals were caught that they needed to be punished to the fullest extent the law allowed. Cncl. Lehman thought that the use of the Public Works Department should be in a timely fashion rather than immediately. It would be costly to contract the work out he thought. Cncl. Lehman was okay with doing the improvements but he wanted to know who and what the costs were. Cncl. Helkamp was not comfortable just having this contracted out. He too wanted to know how much. Cncl. Link thought Public Works had a big enough job and they should not have to be cleaning up this park all the time. He was wondering ifthe park should be closed permanently. Cncl. Joos stated that he was not interested in any outside vendors at this point. Official Proceedings ofthe August 6, 2003 Shakopee City Council Page -8- Mr. McQuillan stated that as much work as possible would be done in house and with the Public Works Department. If some of the work needed to be contracted out that would be brought back before the Council. LehmanlJ oos moved to direct staff to coordinate in house all actions requested at 0 'Dowd Lake Park 1) step up police patrols in the park, 2) install a metal gate across the road, 3) install posts on each side of the trail, 4) create a temporary parking area near County Road 79,5) install park signs explaining the problem, and 6) to seek free outside appraisals of some of the work. Motion carried 5-0. Mr. Snook reported on the recommendation from the Economic Development Advisory Committee to set hearings to establish a Downtown Special Service District and to impose a service charge in the Downtown Special Service District. Mr. Snook stated that at the June 10, 2003 meeting of the Economic Development Advisory Committee, they unanimously passed a recommendation advising the City Council to undertake the necessary initial steps in establishing a Downtown Special Service District including accepting the petitions and calling for public hearings. This Downtown Special Service District was a concept in which property owners in a specific area agreed to assess themselves through a petition thereby generating revenues that would benefit the district with certain services. Vision Shakopee was presenting these petitions tonight. Mr. Snook noted the number of signatures on the petition exceeded the number of necessary signatures to request a public hearing. The signatures represented owners of 61 % of the net tax capacity and 47% ofthe land area subject to the proposed district and service charge. It was the net tax capacity that was the pertinent factor in establishing a special service district. Mayor Mars addressed the validity ofthe petition itself. Jim Thomson, City Attorney, noted that the percentage of signatures was much higher than last time. Mr. Thomson stated that there was time this year to verify the signatures on the petition. Mr. Thomson noted he would check with staff before the public hearing to make sure that the necessary steps had been made to ensure a sufficient number of persons had signed the petition. encl. Link wanted to know what changes were in this proposed Special Service District from last year. Cncl. Link was concerned about one of the signatures. Mr. Snook noted it was a legitimate signature. Scott Lucas, 1858 Pheasant Run Street, President of Vision Shakopee, approached the podium to speak to the Special Service District. Mr. Lucas felt the downtown areas were not playing on a level playing field with the shopping centers and he wanted to figure out a way that the downtowns could improve themselves. He noted Vision Shakopee had made some good strides in partnership with the City of Shakopee and in partnership with some charitable organizations. He wanted to continue improving the downtown and he thought the next logical step was Official Proceedings of the August 6, 2003 Shakopee City Council Page -9- establishing a Special Service District in the downtown. The particulars of this district would be discussed later. The two big changes were: 1) in the size ofthe district [it was smaller now] and 2) the budget had been changed [reduced administrative costs]. Mr. Lucas noted that improvement to Huber Park was a long term goal ofthe Special Service District as well as being the best voice for downtown issues. He did not think the opposition would be 50% to this Special Service District. He was just asking that a public hearing date be set to establish an ordinance establishing the Downtown Shakopee Special Service District and a public hearing to call for a resolution imposing a Service charge in the Downtown Shakopee Special Service District. Cncl. Lehman addressed the retention ofthe post office downtown as one of the restructuring goals of downtown. Link/Joos offered Resolution No. 5925, A Resolution Calling A Public Hearing On A Proposed Ordinance Establishing The Downtown Shakopee Special Service District Pursuant To Minn. Statutes, Chapter 428A, and moved its adoption. Cnc1. Helkamp noted that in the end he felt there would be a petition with enough signatures that the Special Service District would not succeed and he wondered if everyone should put himself or herselfthrough this motion as well as should that expense be incurred. Cncl. Lehman noted that the City was obligated to have a public hearing if the petition met all statutory requirements. He wanted to see the process take place. Motion carried 5-0. Joos/Lehman offered Resolution 5926, A Resolution Calling A Public Hearing On A Proposed Resolution Imposing A Service Charge In The Downtown Shakopee Special Service District Pursuant To Minn. Statutes, Chapter 428A, and moved its adoption. Motion carried 5-0. Link/Lehman offered Resolution No 5915, A Resolution Of The Shakopee City Council Authorizing Execution Of An Agreement For The Project Entitled Safe And Sober, and moved its adoption. (Motion carried under the Consent Agenda). Link/Lehman moved to authorize City staffto purchase computer cabinets from Wright Line for an amount not to exceed $5,751 with the funding to come from the Police Department contingency fund. (Motion carried under the Consent Agenda). Link/Lehman moved to authorize the appropriate City officials to amend the 2003 cleaning contract with Coverall Cleaning Concepts for library and police building services until December 31, 2003. (Motion carried under the Consent Agenda). Official Proceedings of the August 6, 2003 Shakopee City Council Page -10- Link/Lehman moved to authorize the purchase of the Winscribe Dictation System, Peripherals, and Support at a cost not to exceed $24,995 from Northland Business Systems. (Motion carried under the Consent Agenda). Ms. Cox, City Clerk, reported on the reduction for the letter of credit (LOC) for Boulder Ridge. Mr. Daniels, Developer of Boulder Ridge, was requesting that his LOC be reduced by 53%. Mr. Daniel's LOC was expiring August 12,2003 and Mr. Daniels would like to renew the LOC for the lesser amount. All ofthe assessments of Boulder Ridge had been paid except for Lot 1, Block 2 and Lot I, Block 3. Mr. Daniels had sold all of Lot 1, Block 2 and 53% of Lot 1, Block 3. However all of the assessments for Lot 1, Block 3 are on Mr. Daniels 47% ofthat lot. Ms. Cox noted in the Developers Agreement that Mr. Daniels signed in 1999, he agreed to provide the City with a LOC in the amount of 25% of the estimated cost of the improvements to construct Vierling Drive attributed to Boulder Ridge. The Developers Agreement provide for three possible options. Mr. Daniels elected to go with the LOC. The remaining assessments were being paid one-tenth each year over the ten year assessment period (five years have expired). The remaining balance for the Boulder Ridge assessments are $35,735.74 (2 lots) and the portion now owned by Mr. Daniels (47% of Lot 1, Block 3) are $11,853. Ms. Cox noted normally when a parcel had been sold the assessments were paid in full. Ms. Cox stated that not granting the reduction of the LOC to Mr. Daniels and continuing to retain 25% of the original estimate for the special assessments for Boulder Ridge gave the City the most security. George Daniels, 1375 Park Drive, Orono, approached the podium and noted he had a successful center. Mr. Daniels stated he thought the security was in the successful Boulder Ridge Center. The LOC tied up his funds. Mr. Daniels noted he had not approached the other owner to see if he would be agreeable to a LOC for his share ofthe assessments. Lehman!Joos moved to deny the request of George Daniels to reduce the Letter of Credit and to continue to retain 25% of the original estimate for the special assessments for Boulder Ridge, and require that the original LOC be renewed. Motion carried 5-0. Cnc1. Joos commented on the number of change orders for the Pheasant Run Park project. He was very disappointed regarding the money part of the project. Mr. McQuillan noted that some of the fill for this project had been donated by a builder (Stocker Trucking and Tollefson Development). Some sand for the base ofthe sidewalk had to be purchased so the sidewalk could be poured. Official Proceedings of the August 6, 2003 Shakopee City Council Page -11- Lehman/Link moved to approve a change order for Mom's Landscaping & Design, LLC to adjust the grade for the Pheasant Run Park Project in an amount of$7,015.00. Motion carried 5-0. Link/Lehman moved to authorize appropriate City officials to enter into a Joint Powers Agreement with Independent School District #720 for improvements related to the City's soccer complex. (Motion carried under the Consent Agenda). Link/Lehman moved to authorize appropriate City officials to enter into a Joint Powers Agreement with the Shakopee Area Catholic Education Center for shared use of parking facilities, roadways, and a well to service the irrigation system. (Motion carried under the Consent Agenda). Link/Lehman moved to approve the use of Park Reserve Funds as stipulated in the 2003 Parks Capital Improvement Program for Huber Park. (Motion carried under the Consent Agenda). Cncl. Lehman stated he asked Mr. Themig, Facilities and Recreation Director, to bring a map showing a part of the Soccer Complex, Project No. 2003-5. Cncl. Lehman noted he and Mr. Themig met with the residents of the area regarding the plans, erosion, type of turf and some landscaping concerns they had with this project. Mr. Themig noted after meetings with the residents and City staff some alternatives were reached by the City's consultant and City staff made some adjustments to these plans. Mr. Themig presented the alternatives. The proposal was to relocate some trees in the area, slit seed again, and repair the erosion area along the property lines. The trees along the road side where also discussed. Mr. Themig noted he met with the residents again and they seemed to be okay with this revised plan. Lehman/Link offered Resolution No. 5928, A Resolution Accepting Bids For The Construction Of The Shakopee Soccer Complex On 17th Avenue For Roadway, Grading, Parking Lot And Irrigation Improvements, Project 2003-5, and moved its adoption. Motion carried 5-0. Lehman/Link moved to authorize a contingency amount of 5% for authorizing change orders or quantity adjustments on the project, and up to $25,000 for engineering and inspection services by the City's Engineering Department. Motion carried 5-0. Link/Lehman moved to authorize the appropriate City officials to enter into an agreement with Ingraham & Associates to provide Design Services and Construction Documents for the youth baseball fields in Tahpah Park. (Motion carried under the Consent Agenda). Link/Lehman offered Resolution No. 5930, A Resolution Adopting The Revision To The Final Alternative Urban Area Wide Review For The Valley Green Corporate CenterIDean's Lake Residential Project, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings ofthe August 6, 2003 Shakopee City Council Page -12- Link/Lelunan offered Ordinance No. 676, Fourth Series, An Ordinance Of The City Of Shako pee Adopting The Minnesota State Building Code, and moved its adoption. (Motion carried under the Consent Agenda). Link/Lelunan offered Resolution No. 5927, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The LED Installation On Traffic Control Signals In The City Of Shakopee, Project No. 2003-7, and moved its adoption. (Motion carried under the Consent Agenda). Link/Lelunan offered Resolution No. 5924. A Resolution Approving A Wetland Replacement Plan For Associated Capital Corporation 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Link/Lelunan moved to authorize payment of $6,908.04 to the owners of Parcel No. 27-920005-0 and authorize payment of $10,466.04 to the owners of Parcel No. 27-920009-0 for easements needed for the Valley View Road Improvements, Project No. 2003-4. (Motion carried under the Consent Agenda). Link/Lelunan moved to authorize the extension agreements with WSB for survey services of the Levee Drive Parking lot and Soccer Complex. (Motion carried under the Consent Agenda). Link/Lelunan moved to approve the appointment of Nicole Peterson to the position of Planner 1- GIS at Step D, Grade 6 ($44,702 per year), subject to satisfactory completion ofthe pre- employment physical, background check, and one year probation period. (Motion carried under the Consent Agenda). Mr. McNeill commented that the packet showed that there was a 3.23% increase based upon the average for the Sergeants; since the memo went out, Mr. McNeill and the union met and a couple of changes were noted. Therefore the actual change in the increase for the Police Sergeants was 3.32%. Link/Lelunan moved to adopt the amendment to Appendix A regarding Sergeant's pay. This is part of the Labor Agreement between the City of Shako pee and Law Enforcement Labor Services, Inc., Local No. 279, for 2003. (Motion carried under the Consent Agenda). Link/Lehman moved to acknowledge the satisfactory completion of probation and authorize the retention of Phillip Englin as Police Officer effective August 6, 2003. (Motion carried under the Consent Agenda). Link/Lehman offered Resolution No. 5929, A Resolution Approving The Request Of Mark McNeill To Participate In The Public Employees Retirement Association, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the August 6, 2003 Shakopee City Council Page -13- LinklLehmanmoved to remove from the table the renewal of the On Sale 3.2 Percent Malt Liquor License and the On Sale Wine License for Caff'e LaBarra, Inc., 238 South Lewis. (Motion carried under the Consent Agenda). LinklLehman moved to table action on renewal ofthe On Sale 3.2 Percent Malt Liquor License and the On Sale Wine License for Caff'e LaBarra, Inc., 238 South Lewis to August 19,2003. (Motion carried under the Consent Agenda). Link/Lehman offered Resolution No. 5922, A Resolution Of The City Of Shakopee, Minnesota, Calling A Special Election To Fill A Vacancy In Office, and moved its adoption. (Motion carried under the Consent Agenda). LinklLehman moved to retain Kern, DeWenter and Viere as auditors for fiscal year 2003 at the proposed amount of $34, 1 00. (Motion carried under the Consent Agenda). Link/Lehman offered Resolution No. 5920, A Resolution Of The City Of Shako pee, Minnesota, Accepting Two Historical Shakopee Pictures From Wells Fargo For Placement In The Local Heritage Room In The Shakopee Public Library, and moved its adoption. (Motion carried under the Consent Agenda). Link/Lehman moved to authorize the appropriate City officials to execute Change Order No.4 in favor of Westra Construction Company in the amount of$8,075. (Motion carried under the Consent Agenda). Cnc1. Lehman questioned the insurance coverage of possible violations to the open meeting law defense and the City's liability regarding this issue. The City Attorney addressed this question. Cncl. Lehman would like to know the cost of insurance for coverage for the open meeting law defense seeing as no quotations for this coverage from the League of Minnesota Cities Insurance Trust (LMCIT) was requested. Cncl. Lehman also had questions regarding insurance for fireworks and extraordinary expenses (loan for disasters). Mr. McNeill stated that he would report back to the Council on the amount for the insurance coverage for the open meeting law defense. Mr. McNeill noted that if changes to the city's insurance coverage from the LMCIT needed to be made that could be done at a future date but because of the timing he really needed the motion made tonight to accept the property/liability insurance renewals as is. LehmanlLink moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of $280,146 and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Motion carried 5-0. Official Proceedings of the August 6, 2003 Shakopee City Council Page -14- Mr. McNeill reported on the recommendation from the EDA to the City Council regarding the request by Ryan Companies US, Inc. to Amend Subsidies Application for Valley Green Corporate Center. This had been approved at the EDA meeting earlier tonight. Joos/Lehman moved to grant authorization to Ryan Companies US, Inc. to amend its Application for Business Subsidies for the proposed Valley Green Corporate Center, and submit it to the ED Advisory Committee for consideration and possible recommendation to the EDA and City Council. Motion carried 4-1 with Cncl. Link dissenting. LinklLehman moved to establish Tuesday August 26, 2003 at 7:00 p.m. as a meeting night, in place of Thursday, August 21 st. (Motion carried under the Consent Agenda). LinklLehman moved to establish a start time of7:00 p.m. for the August 14 and August 28,2003 budget workshops. (Motion carried under the Consent Agenda). LinklLehman moved to authorize a joint meeting to be held with the School Board and Planning Commission, with a preferred date of August 26th. The exact time and location will be mutually determined. (Motion carried under the Consent Agenda). Cncl. Joos noted he had been reached by a citizen asking if the City would have any interest in developing some private parks. Cncl. Joos was of the opinion that there were some Homeowners Associations not willing to retain the investment in the private parks. He would like staff to work on a plan to see that these private parks were developed in the future and not just left as an open field. Cncl. Lehman was concerned about the City not having enough money to fund service for all the new development being proposed with the levy limit put on the City by the State Legislature. Cnc1. Lehman stated that houses that began construction on January 2,2003 or later would be receiving services in 2004 and the City would be receiving no new taxes to fund the additional services. Mr. McNeill, City Administrator, and the entire Council agreed with encl. Lehman's statement. Cncl. Link had a concern regarding the parking on Adams's Street in the area of 4th Avenue. He felt the City needed to look at this issue. Mr. Leek stated that City staff would report on the letter received from the residents regarding an issue in the Greenfield Development at the August 19,2003 City Council meeting. Mayor Mars stated he would like to see some research done to see if it would be plausible to expand the number of Council members. Official Proceedings ofthe August 6, 2003 Shakopee City Council Page -15- Joos/Lehman moved to adjourn to Thursday, August 14,2003, at 7:00 p.m. at City Hall in the Council Chambers. Motion carried unanimously. The meeting adjourned at 10:00 p.m. . ~)Cf crIth s. Cox City Clerk Carole Hedlund Recording Secretary