HomeMy WebLinkAbout7. Approval of Minutes: June 10, and 17, 2003
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 10,2003
Acting Mayor Joos called the meeting to order at 6:00 p.m. at the Scott County Board Room
with Council members Lehman, Link, Joos and Helkamp present; Mayor Mars was present at
6:05 p.m. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R.
Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City
Engineer; Paula Callies, Acting City Attorney; Mark Themig, Facilities and Recreation Director;
Mark McQuillan, Natural Resources Director; Gregg Voxland, Finance Director (at 6:10 p.m.)
and Dan Hughes, Police Chief.
Mr. McNeill, City Administrator, deferred to Mark McQuillan, Natural Resources Director, to
discuss the Pheasant Run Park and the quote from Mom's Landscaping and Design for getting
the land ready for a new park at a cost not to exceed $49,425.
Mr. McQuillan, Natural Resources Director, addressed the question as to why this project was so
much more expensive than projected? Mr. McQuillan stated that the consultant estimated the
project site work to be around $30,000 and the bids came in much higher than expected. Mr.
McQuillan really was not sure why the bids were higher than expected other than this was a very
bad time of the year to be seeking bids for landscaping.
Cncl. Helkamp asked if the City would be better off waiting until the timing to get landscaper's
was better or to wait until the Public Works Department had the time to do it? The project cost
just seemed to be increasing and Cncl. Helkamp noted he was not comfortable with the City
doing business that way.
Mr. McQuillan nQted that they had not requested that all items be broken down in the quote so he
really did not know what could be deducted out. Mr. McNeill followed up and noted there were
significant concerns about adding this work onto the already heavy workload of the Public
Works Department and the expertise of the Public Works Department regarding this unusual site.
Acting Mayor Joos turned the meeting over to Mayor Mars at 6:05 p.m.
Cncl. Lelunan noted that a time schedule had already been set up for volunteers to work on the
new park and if this project did not stay on schedule most if not all of this volunteer work would
be lost. Mr. McQuillan figured if the volunteer labor were lost it would be another $10,000 to
$12,000 added to the project.
Cncl. Joos agreed with Councilor Helkamp about the City hiring a consultant that couldn't do a
better job and the City doing business this way. This great increase to the Pheasant Run Park
project was quite hard to swallow. Mr. McQuillan noted that three quotes were received and all
three quotes were similar. Mr. McQuillan stated that he could get the quote from Mom's
Landscaping and Design broken down item for item and then there could be deducts from there.
Official Proceedings of the June 10, 2003
Shakopee City Council Page -2-
This would throw the volunteer schedule off but Cnc1 Helkamp felt the volunteers would be
willing to reschedule their time.
Mr. McNeill suggested going back to the neighborhood group, because of the Council's concern
regarding the large amount of overage, and ask the neighborhood committee to redesign and
downsize the project to keep it within the $85,000 dollar budget that had been projected initially.
Mr. McQuillan stated that could be done but there really was not more to the project than the
playground equipment and a piece of land that was graded for walkout homes.
Mayor Mars noted that he would like to see the competitive bid process used rather than a
Request for Proposals if all the pieces of the project added up to $50,000.
Mr. McNeill noted if the Council wanted a breakdown of what was in Mom's Landscaping and
Design quote that would be brought back to the Council as soon as possible. Cncl. Helkamp also
directed staff to really try and kept this park project within the projected amount because there
were many other parks in the City of Shakopee that needed improvements.
Mr. McNeill reported that there have been questions on multiple people residing in a single-
family residence (detached homes, apartments or town homes). He was not sure how the City
should deal with this problem; the problem was not unique to Shakopee. He noted there were
many legal issues involved with this problem and they need to be addressed. These "extra"
people living in a home designed for a single-family affected the health, parking, property
valuation, noise level and even the appearance of the property. Cnc1. Link thought this type
action should be discouraged.
Mr. McNeill deferred to Paula Callies, the City's Legal Counsel, on this issue to report on some
of the legal issues involved with this problem. Ms. Callies noted it was the underlying problem
that created these issues and it was important for people to look at what was the underlying
problem that needed to be resolved and ways to resolve these underlying problems and most of
the issues being discussed tonight would then be resolved also. There needed to be a definition
of what constituted a single-family that complied with constitutional standards. She noted that
Shakopee's definition of what constituted a single-family did comply with the constitutional
standards. Ms. Callies noted there was a Fair Housing Code that addressed some of the issues
created by multiple people in a single-family home. Cnc1. Lehman thought some of the safety
issues needed to be looked at regarding several families living in a single-family home, too.
Ms. Callies stated she thought many cities were trying to partially address this problem by
tightening up their building codes to address some of the issues creating this problem. Ms.
Callies noted it was legally hard not to sell your owner occupied town home to someone who
wanted to rent the town home out. Ms. Callies thought perhaps a licensure requirement might
possibly help this situation.
Official Proceedings of the June 10,2003
Shakopee City Council Page -3-
Ms. Callies stated that enforcement needed to be done in a manner that was fair to all. Cncl.
Link did not think the City Code addressed many of the problems causing issues today.
Mr. Leek, Community Development Director, noted the City did have codes (Le. noise, property
upkeep, junk vehicles) addressing many of the issues and these codes were being enforced. Mr.
Leek stated Cncl. Link was correct in stating that the City did not have City Codes regarding
occupancy and Mr. Leek felt it was really the occupancy issue that gave rise to the other issues.
Mr. Leek did not think staying the course was sufficient. He noted that if the City enforced the
codes on a complaint basis then probably the City would be opening itself up to defacto
discrimination. There were complaints (concerns) other than property. He did not think
enforcing the code on a complaint basis was enough. Mr. Leek noted that if the City Council
wanted his staff to look at the fair housing code and enacting that, then he suggested that the City
Council seriously look at whether or not they were willing to commit resources to that kind of
enforcement program; Mr. Leek noted that he did not have excess staff for the enforcement of the
fair housing code.
Mr. Leek also pointed out that the Council needed to decide how willing were they were to back
up the enforcement when enforcement was being done on a complaint basis. He really felt a
systematic program for inspections on an annual basis and rental licensure requirement was
better than doing inspections on a complaint basis; no one would be singled out this way. This
enforcement should probably be done with rental housing to begin with and in the future single.
family ownership homes could be added. He also felt using the fair housing code was quite time
intensive with the inspections that needed to be done and the City Council needed to bear this in
mind.
Mr. Leek stated that the calls his department received over the past few years were
predominantly regarding single-family homes. Mr. Leek mentioned "normally" many calls
would be received regarding one property and complaint calls for different locations were
somewhere in the five-ten calls range over the last two year period. The complaint calls
generally focused around four complaints. These were: 1) too many people living in a single-
family home, 2) to many cars were in driveways and on the street, 3) condition of the yard and 4)
this was now rental property and we have a problem with that in our neighborhood.
Cncl. Helkamp and Mr. Leek thought enforcing the parking restrictions would go a long way to
help address the problem within the City. (This was also a suggestion from the City Attorney).
Cncl. Lehman thought an economical first step should/could be education. Cnc1. Helkamp
thought a good first step might be for Mr. Leek to analyze the parking ordinances and adjust
those ordinances to address some of the parking complaints. Mr. Leek agreed that analyzing the
parking ordinances was a good first step but there was merit to education as a second step using
the Fire Inspector to educate in health, safety and welfare.
Official Proceedings of the June 10, 2003
Shakopee City Council Page -4-
Mayor Mars noted code enforcement had been a goal of this Council over the past couple of
years and that had helped the community; what was being talked about now was getting into
some occupancy issues and the issues were being blurred to a point. In general terms, Mayor
Mars wanted to hear from the Police Chief regarding this discussion. Mayor Mars heard from
Mr. Leek that the fair housing code and occupancy issues would be a policy decision that needed
to be made by the Council along with a commitment of resources and backed up with
enforcement and education.
Chief Hughes approached the podium and noted political will needed to be dealt with. The laws
would be enforced across the board but the Councilors would receive phone calls regarding the
tickets issued. Chief Hughes noted that off-street parking could be regulated. There is a City
Ordinance regarding noise on the books now, the police department needed to be called if this
noise ordinance needed to be enforced. Additional staff would be needed if housing inspections
became a reality. He noted the Police Department dealt with quality oflife issues outside the
home but they did very little enforcement inside the home unless it was a criminal activity. The
enforcement was now being done on a complaint basis; the police department was short staffed
at this time and there was no one to work on the enforcement issue on a full-time basis.
Cncl. Helkamp thought perhaps staff could have a discussion at staff level regarding using the
Fire Inspector for educational purposes and to have a roundtable discussion on parking
regulations as to what regulations could possibly be reviewed and updated to address some of the
complaints. Cncl. Helkamp stated that he did not see the money in the next fiscal year to enforce
the fair housing code if the City decided to adopt that. Right now the fair housing code was a
step beyond the City's reach. He would like to see the continuance of enforcing the codes that
the City does have to enforce. Cncls. Link and Joos agreed with Cnc1. Helkamp's
recommendations. Cnc1. Lehman noted that the City was in the process of upgrading their
website and this would give the City more capacity to do more things (i.e. put city code up on the
website). Cncl. Lehman expanded the education piece to include the Planning Department as
well as the Fire Inspector. Cncl. Link noted if something did not get done regarding several
families living in a single-family home the problems were only going to get worse.
Mr. Themig, Facilities and Recreation Director, approached the podium and noted several of the
Park and Recreation Advisory Board members as well as members of the citizen task force were
present to answer any questions regarding the proposed survey for the Park and Recreation
Department. Mr. Themig noted that in March the City Council authorized the use of Ingraham
and Associates to help with a survey to find out what the needs of the community were regarding
park facilities and the community center. Mr. Themig noted that the task force had been meeting
every two weeks and they had talked about several items regarding surveys. Mr. Themig noted
that this task force recommended to the Parks and Recreation Advisory Board (PRAB) to utilize
Scott County in combination with an Internet and mailed survey to be sent to every resident in
the City. Because the cost to do the survey was over what City Council expected the PRAB held
a joint meeting with the citizen task force and hence have a new recommendation this evening.
Official Proceedings of the June 10, 2003
Shakopee City Council Page -5-
Mr. Themig stated that basically what is being recommended tonight was that staff enter into an
agreement with Scott County to conduct an Internet based survey. This was new technology and
it posed some challenges but Mr. Themig thought this type survey was an effective way to get
some feedback from the community. Mr. Themig explained how the survey would be done on-
line. The data would instantaneously be put in a database. The technology allowed for follow-
up questions. Answering the survey could be stopped at any time by the resident and continued
at a later time.
The citizen's task force felt strongly that every resident in the City should be given the
opportunity to respond to the survey. Because cards would be mailed to all the residents, it was
necessary that all addresses be identified. At this time, single family homes and multi-housing
addresses could be identified; it was only the apartments that did not have a data source for their
addresses. SPUC had been contacted to see if they had a list of apartment addresses.
The limitations of doing an on-line survey were discussed. It was decided that kiosks would be
located at various places so every resident would have an opportunity to participate in the survey.
Mr. Themig noted what some ofthe information gained form the survey would address. Mr.
Themig stated that Scott County figured their services would cost approximately $2,000 and
mailing to every address in the City would be approximately $3,400. The approximate total cost
of the survey was estimated to be in the range between $5,000 and $7,000. This project was not
in the operating budget for the PRAB. Mr. Themig proposed funding from the
Telecommunications budget (if approved), the Natural Resource Professional Services account
and the rest of the money would come from the 2002 Recreation fund balance.
Mayor Mars looked for very helpful information for the Park and Recreation Department to
come from this survey.
Helkamp/Lehman moved to authorize staff to enter into an agreement with Scott County to
conduct an internet- based Parks and Recreation survey of all households in the City, not to
exceed $7,000. Motion carried unanimously.
Mr. McNeill reported on the Fiscal Year 2004budget. He noted that this was on the table in a
memo; he explained some pieces of the FY 04 budget. He noted it was very early in the process
and direction would be sent out to department heads based on directions given by the City
Council relating to the operating budget for the next year. He noted because the legislature went
into a special session and thru a conference committee determined what the cities were going to
have to deal with in terms of budget for next year. Some of the pieces were still forthcoming.
There was some good news and some not so good news.
Mr. McNeill noted the good news was regarding the reverse referendum. The not so good news
was that there was a levy limit. The levy limit appeared to impact cities that were growing more
than stable cities. At this point, the highest the budget could be was $ 7,860,000. In this case the
Official Proceedings of the June 10, 2003
Shakopee City Council Page -6-
City would not have the benefit of growth and would have to go with absolute numbers. Mr.
McNeill gave some numbers that he had put together. He noted the expenditures in the general
fund over the last three years increased 41 %. Mr. McNeill stated there would be two new
buildings coming on board in September. These buildings have money set aside to pay for the
building itself but the maintenance and operating costs to the buildings would be significantly
more than the operating expenses of the older building.
Mr. McNeill noted there were some options that the City could use. These were: cut services,
draw down fund balances (right now the fund balance is about 31 %), scale back building rentals
charged on City buildings and put into a fund for building replacement for a few years and scale
back transfers to the Building fund (policy decision), increase the City's reliance on development
fees or charge more fees for services. Mr. McNeill outlined a preliminary schedule of what
needed to take place regarding setting the budget for 2004. Cncl. Lehman asked that a work
session be set to discuss this issue because this was a long and tough issue.
Cncl. Helkamp noted that he thought it was wise to prepare the FY 04 budget by adding no staff
positions and not filling any current vacancies. He also thought there was merit to have the
departments reduce their 2004 budget by an "across the board" amount noting that the 2003
budget reductions already cleaned up many non-critical items and he stated he would like to see
what staff came back with first before the Council gave direction on what programs would be
either exempted from reduction, or eliminated. Cncl. Helkamp noted that he was proposing that
the positions that had bodies in them before could still be filled.
Chief Hughes approached the podium and noted there were three current vacant police officer
positions (these positions were in the 2002 and again in the 2003 budget and had never been
filled) on the street and he needed these positions filled for the safety of the community and there
currently were two vacant Community Service Officer positions that he hoped to bring back to
Council later this summer. He recommended that these positions be filled.
Cncl. Lehman noted earlier Council worked with staff to come up with a 6% plan reduction if
more reductions were needed. He stated now was the time to implement that plan.
Mayor Mars noted the League of Minnesota Cities annual meeting that was going to be held
soon would have a breakout session on the impact from the State to the cities as well as a
breakout session on what cities can do to meet these challenges. Mayor Mars felt the LGA
portion would never come back for the City of Shakopee and it was best to be in control of
ourselves. He also thought the market value credit from the State to the City could return in the
year 2005.
Mayor Mars was in favor of a work session where the FY 04 budget was the only thing on the
agenda. Mayor Mars noted that later this fall the two new buildings would need to be paid for
and some money was transferred from the general fund to the building fund to pay for these
Official Proceedings of the June 10, 2003
Shakopee City Council Page -7-
buildings; the money that was not but could have been transferred needed to be re-Iooked at.
Mayor Mars noted balancing the budget was a tough exercise but the City got through it last year
and they will get through it again this year.
Mr. McNeill offered a few possible dates for a work session or else this setting of a date for a
work session could be put on the Council Agenda for the next City Council meeting; Mr.
McNeill would have more possible dates at that time. There was direction to set this date at the
next Council meeting.
Joos/Lehman moved to affirm the replacement of compressor B2 at a cost of$5,900 by Rink
Tech International. and fund this replacement from the Recreation Fund. Motion carried
unanimously.
Joos/Helkamp moved to adjourn to June 17,2003 at 7:00 p.m. at the Scott County Board Room.
Motion carried unanimously.
r~'~
Judith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE,MINNESOTA JUNE 17,2003
Mayor Mars called the meeting to order at 7:00 p.m. at the Scott County BoardRoom with
Council members Link, J oos and Helkamp present. Members Absent: Lehman. Also present:
Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Bruce Loney, Public Works Director/City Engineer; Dan Hughes, Police
Chief; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; Mark McQuillan, Natural
Resources Director and Tracy Schaefer, Assistant to the City Administrator.
The pledge of allegiance was recited.
The following items were added to the Agenda. 15.A.1 New Play Equipment for Pheasant Run
Park and 15.CA Extension with WSB for Vierling Drive Improvements, from County Road 15 to
Orchard Park West, Project No. 2002-4.
The following item was deleted from the Agenda. 15.Co2 Authorize the Purchase ofa Portable
Lift for the Public Works Shop.
Joos/Link moved to approve the Agenda as amended. Motion carried 4-0.
Mayor Mars reported that he attended his first board meeting for the Association of Metropolitan
Municipalities. This board monitored many activities of the Metropolitan Council. He stated
that he did get some information for staff regarding bills that passed in the legislature and their
impacts and bills in the legislature that did not pass. Mayor Mars noted that States are working
on making publications available on line on websites. Mayor Mars noted the article regarding
the Mayor of Apple Valley and the Mayor of Burnsville embracing livable communities, as well
as noting an editorial from the Minneapolis paper regarding balanced growth. Mayor Mars noted
the he would be attending the League of Minnesota Cities annual conference and noted that he
would bring back some information to help our City.
Mayor Mars also reported that he and Mark Themig, Facilities and Recreation Director, attended
a Latino meeting where they talked to a few people regarding how they felt about the community
and what the community could do to improve. Mayor Mars noted that this meeting was very
enlightening.
The following items were added to the Consent Agenda. 15.C.3 Authorize the Contract
Extension for Final Design of River District Sanitary Sewer Reconstruction, Project No. 2003-1;
15.CA Extension with WSB for Vierling Drive Improvements, from County Road 15 to Orchard
Park West, Project No. 2002-4 and 15.D.1 Authorize the Purchase of furniture for New Police
Facility.
Official Proceedings of the June 17, 2003
Shakopee City Council Page -2-
The following item was deleted from the Consent Agenda. 14.B Preliminary and Final Plat of
Audrella Addition located south of Valley View Road, west of Williams Street and east of
County Road 17.
Joos/Helkamp moved to approve the Consent Agenda as amended. Motion carried 4-0.
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.
Joos/Helkamp moved to approve the meeting minutes for June 4, 2003. (Motion carried under
the Consent Agenda).
Joos/Helkamp moved to approve the bills in the amount of$625,500.80 plus $168,330.12 for
refunds, returns and pass through for a total of $793,830.92. (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.
Mr. Leek reported that this was an application to annex two properties on the west side of the
City located in Jackson Township (30.47 acres). Mr. Leek noted there were some parcels on the
east side of these properties that were involved with the land swap between Jesse Theis and the
School District. Mr. Leek noted that the two properties subject to this public hearing were
involved with the Tollefson project called Countryside. Mr. Leek noted that the concept plan
involving this development was seen earlier when the Council dealt with the annexation of 128
acres of land from Jackson Township. Mr. Leek noted that when the Planning Commission
reviewed the concept plan for the 128 acres that were annexed they made comments regarding
the land use plan.
Mr. Leek noted that he did receive an E-mail from the Jackson Town Board indicating that it was
their belief that they should hold a public hearing and review this and this had not been done at
this point. Mr. Leek requested that this public hearing be continued after tonight's comments
were taken.
Mayor Mars noted that the adopted Comprehensive Plan guided these areas for single-family
residential, however the Comprehensive Plan could not be enforced in Jackson Township by the
City. Mr. Leek noted that the draft of the Comprehensive Plan Update did show 17th Avenue as a
land use break (single-family residential on the south side and medium density on the north side).
Matt Weilland, Tollefson Development, approached the podium and commented on Tollefson
Development's application. Mr. Weill and noted that Tollefson Development was proposing to
Official Proceedings of the June 17, 2003
Shakopee City Council Page -3-
annex 30 acres tonight. He noted that Tollefson Development was working closely with staff.
He noted that Tollefson Development would go before the Jackson Town Board to show them
their concept plans and then would be back before the City Council.
encl. Link asked if Tollefson Development had made revisions to the original concept plan
because the original concept plan was not acceptable. Mr. Weilland answered yes revisions had
been made.
Mayor Mars asked for audience participation. There was none.
Helkamp/Link moved to continue the public hearing for the petitions of David V oxland and
Tollefson Development for annexation of certain lands in Jackson Township to July 15th (30.47
acres). Motion carried 4-0.
Mr. McNeill opened the presentation of the auditors report on fiscal Year 2002. Mr. McNeill
noted that Steve Wischmann from Kern, DeWenter, Viere (KDV) would give the auditors report
on the City's fiscal year ending 2002 along with the annual financial report.
Steve Wischmann, Kern, DeWenter, Viere (KDV), approached the podium to briefly present the
2002 auditing results. Mr. Wischmann highlighted a few points and noted some changes and
some trends. Mr. Wischmann noted that the revenues in the General Fund, the major operating
fund of the City, increased 20.2% or approximately $1.8 million for 2002. The tax levy was the
major reason for the increase in the General Fund. This was a budgeted increase. Mr.
Wischmann noted that the license and permit fees did decline by about $.4 million in 2002. The
General Fund expenditures increased 14.2% or approximately $1.2 million. Mr. Wischmann
noted that the increased expenditures were about $1 million under what was budgeted for in
fiscal 2002. The significant expenditures increases were in general government, public safety
(highest) and public works. Mr. Wischmann noted the percentages were quite consistent with
2001 figures. It was noted by Mr. Wischmann that the revenues for the last five years have
exceeded the expenditures. The bottom line was that the fund balance in the General Fund for
2002 increased by 12.4% or approximately $390,000 in 2002 after net transfers of $1.050 million
was made. The fund balance in the General Fund at the end of 2002 was approximately
$3,500,000. Mr. Wischmann thought this balance was right where it should be. This was a
comfortable level but not excessive for State explanation.
Mr. Wischmann noted the fund balance in the General Fund for 2002 was approximately 33% of
budgeted operating expenditures for 2002. The state auditors look for a percentage somewhere
between 25% to 50%. Basically, the City was in the middle of the range. Mr. Wischmann noted
there was a necessity to have a fund balance (cash balance) because the City was on the tax levy
system and there were cash flow peaks and valleys to this system.
Official Proceedings of the June 17, 2003
Shakopee City Council Page -4-
Mr. Wischmann reported on the Special Revenue Fund. He noted there was one change and that
was due to the fact that a new Telecommunications Fund was started. There was about a
$400,000 increase in this Fund. The Debt Service Fund actually decreased this year from the
year 2001 because of the intentional tax under levy and spending down the account balance in
the Debt Service Fund. It was noted by Mr. Wischmann that the capital projects account balance
did increase from 2001 as a result of the timing of bond proceeds being received.
Mr. Wischmann stated that the City had approximately $17 million of general obligation long-
term debt that was not supported by Enterprise Funds (water, sewer, electric, storm drainage,
recreation). Mr. Wischmann noted that right now the City has approximately 45% or $7.6
million to service that debt. The remaining 55% would be funded in future years. This
percentage too was relatively consistent over the past five years. Mr. Wischmann noted that this
reserve amount was a little bit better than average. The average was somewhere between 30%
and 40% stated Mr. Wischmann.
Mr. Wischmann addressed the Enterprise Funds (water, sewer, electric, storm drainage,
recreation). It was noted by Mr. Wischmann that all funds except the Recreation Fund had
healthy net incomes.
Mr. Wischmann noted sales were up in the Recreation Fund but so were the expenses. There was
actually an operating loss of approximately $792,000 versus $700,000 in 2001, up from 2001.
The Recreation Fund needed a transfer of approximately $840,000 from the City's General Fund
to cover the inadequate transfer for 2001, the loss for 2002 and to provide a slight positive fund
balance.
Mr. Wischmann noted the Equipment Fund and the Internal Service Fund showed an increase in
revenue and also expenses but the increases in revenue were more than expenses. Therefore, the
fund was still generating sufficient monies to cover its costs of providing services.
Mr. Wischmann noted there was a significant transfer ($1,000,000) into the Building Fund from
the General Fund in 2001. The Fund Balance in the Building Fund at the end of2002 was
approximately $7.2 million. However, this fund will be decreasing significantly in 2003/04
when the new Library and the new Police Station are paid for out of it.
Mr. Wischmann noted that DKV also looked at the tax capacity and the certified levy. The tax
capacity did decline because of the class rate changes in commercial property with the rates
going up significantly because of recalculation. The certified levy increased from $ 4.5 million
to $6.6 million in 2002. This was a budgeted increase.
The national bond rating for the City of Shako pee was currently an Al rating which was the most
common rating. There was discussion as to how the City could raise the bond rating.
Official Proceedings of the June 17, 2003
Shakopee City Council Page -5-
Mr. Wischmann noted that the revenue per household in the City of Shakopee was $1,246 and
the expenditures were $1, 086. Mr. Wischmann stated this figure was very consistent over the
four-year period. Mr. Wischmann noted the City of Shakopee was designated as a metro high
growth city. The per capita amount per household was $414. The State wide average was $561
per capita. Mr. Wischmann noted that the City was below the State average, as well as below the
average of many neighboring cities.
Mr. Wischmann noted that DKV provided an unqualified opinion for the audit that was the
highest they could issue. The opinion from DKV would be submitted to the GFOA for the
certificate of excellence in reporting.
The only reportable condition was the lack of segregation in accounting duties; Cucl. Joos
questioned that. Mr. Wischmann stated most cities meet the definition of lack of segregation in
accounting duties and there was probably nothing that can be done about it. No problems were
found with the way the work was being reported. They recommended no change except for the
City to realize this was a condition that was there. DKV will continue to monitor the situation.
Mr. Wischmann stated there really were no areas of concern that needed to be addressed.
Link/Joos moved to accept the auditors report for fiscal year 2002 and thanked Mr. Wischmann
for his presentation. Motion carried 4-0.
Cncl. Joos reported that he attended a School Board meeting and he had a summary of the
Omnibus Bill for grades K-12 and the impacts of that bill for Mr. McNeill.
Cncl. Helkamp reported that he attended the joint meeting of the Convention and Visitors Bureau
with the Cities of Eagan, Burnsville and Shakopee. Mr. Helkamp noted the purpose of the
meeting was to see if similar activities could be coordinated between the Cities. Cncl. Helkamp
noted that he had been invited by the Fire Department to participate in a fire training burn. He
did this and was very impressed with the Shakopee Fire Department and offered his thanks to the
Fire Department for inviting him to participate in this exercise.
Joos/Helkamp offered Ordinance No. 673, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By
Rezoning Land Generally Located South Of Valley View Road, East Of Pheasant Run And West
Of Williams Street From Rural Residential (RR) Zone To Urban Residential (R-1B) Zone.
(Motion carried under the Consent Agenda).
Mr. Leek, Community Development Director, reported on the preliminary and final plat of
Audrella Addition. Mr. Leek noted this was a request for a preliminary and final plat approval
for a 10-lot subdivision by Rob Larsen. Mr. Leek oriented the subject site. He stated this site
was to consist of 10 lots plus one outlot, with that outlot being used by the adjoining property for
Official Proceedings of the June 17, 2003
Shakopee City Council Page -6-
recreation purposes. The site had already been rezoned to Urban Residential (R-1B) and re-
guided for single-family residential by the City Council. The larger site was for the current
homestead ofthe applicant and the remaining 9 lots would be for single-family residential. Mr.
Leek noted the Planning Commission had reviewed the preliminary plat and had recommended
approval of the preliminary plat to the City Council on a 6-1 vote. Mr. Leek noted that at the
Planning Commission, it was felt that this project developed with Council direction because of
the Valley View Road construction project.
Mr. Leek noted that Project Engineer for the City, Joe Swentek, informed him that the applicant
was still missing some significant information that the City Engineering Department required for
drainage. Therefore, staff was asking that the preliminary and final plat approval of Audrella
Addition be continued to July 1 to allow time for the applicant to provide the need information to
the City Engineering Department.
Mayor Mars asked if there would be shared driveways or if all driveways coming onto Valley
View Road from the south had curb cuts. These curb cuts were addressed at an earlier Council
meeting. Mr. Leek noted there was a request by the Planning Commission to see if there was a
possibility of some shared driveways. Mr. Leek noted that he and Mr. Loney, Public Works
Director /City Engineer, had several discussions regarding the idea of shared driveways and they
felt there was adequate space on each individual lot for a turnaround. They also felt that the
number of driveways would not be adversely affected by the traffic on Valley View Road and
vice-versa.
Mr. Leek noted that a condition for approval could be added at the July 1 sl meeting to state that at
time of building permit review there would be a turnaround required for each driveway on each
lot.
Rob Larsen, 2424 Valley View Road, approached the podium and stated that lR. Hill did draw
in turnarounds for each household. Mr. Larsen noted that he was okay with continuing the
preliminary and final plat approval for the Audrella Addition. There was discussion on a silt
fence.
Link/Helkamp moved to continue the preliminary and final plat approval of Audrella Addition
until all the information required by the City Engineering Department was presented to the City
and Cncl. Link was okay with condition no. 17 being acceptable for the driveway turnarounds.
Motion carried 4-0.
Mr. Leek reported on the re-guiding and rezoning request of Derrick Investment Company for
property located north of County Road 16 (Eagle Creek Boulevard), east of Marschall Road and
west of Roundhouse Street. Mr. Leek noted the property had a triangular configuration when he
oriented the site. It was noted by Mr. Leek, the applicant was requesting the property to be re-
guided from Commercial to Medium Density and the applicant was asking that the property be
Official Proceedings of the June 17, 2003
Shakopee City Council Page -7-
rezoned from Highway Business (B-1) to Medium Density Residential. Mr. Leek noted the
parcel to the north had an apartment on it and tonight's subject parcel had sat vacant for several
years without attracting commercial development. Mr. Leek noted one of the limitations to the
sight appeared to be access. Access was not allowed from the county roads; therefore, the only
access was off of Roundhouse Street (a residential street).
Mr. Leek noted the project that the applicant was proposing was under conditional use permit
review. The project was similar to the town homes located at Canterbury Pointe and across the
road from Shakopee Town Square Mall. This project would be targeted for the senior population
and would need to follow government regulations. Mr. Leek stated that after reviewing the plan,
it should not be necessary to have any variances. Mr. Leek stated the adopted Comprehensive
Plan guided this subject site for commercial but the draft update to the Comprehensive Plan
specifically talked about re-guiding this site for Medium Density Residential. Mr. Leek noted
that staff did recommend approval of the re-guiding and the rezoning, as did the Planning
Commission.
Cncl. Joos thought medium density would be a good use for the subject site, but residents had
expressed the notion that the City had enough medium density residential. Mr. Leek did note
that on the draft Comprehensive Plan update most of the land south of the current medium
density housing was slated to be zoned for single-family residential. Just a small portion ofland
was slated for medium density residential.
Cncl. Link noted this subject site was not a good fit for commercial because of the configuration
and the access to the property from a residential street. He figured the best fit would be medium
density residential.
Mr. Leek anticipated less traffic from this proposed project than from other projects in the area
because of the make-up of the clientele.
Roger Derrick, 11954 Germaine Terrace, Eden Prairie, approached the podium and gave some
statistics on the clientele of this type project. He noted the project was for independent living
clientele. The access issue was discussed.
LinklHelkamp offered Resolution No. 5900, A Resolution Of The City Of Shakopee Approving
A Request To Reguide Certain Property From Commercial To Medium Density Residential, and
moved its adoption. Motion carried 4-0.
Link/Helkamp offered Ordinance No. 674, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By
Rezoning Land Generally Located North Of Eagle Creek Boulevard, East Of Marschall Road,
And West Of Roundhouse Street From Highway Business (B-1) Zone To Medium-Density
Residential (R-2) Zone, and moved its adoption. Motion carried 4-0.
Official Proceedings of the June 17,2003
Shakopee City Council Page -8-
Joos/Helkamp offered Ordinance No. 671, Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By
Rezoning Land Generally Located North Of Valley View Road And West OfCSAH 83 From
Agricultural Preservation (AG) Zone To Urban Residential (R-lB) Zone, and moved its
adoption. (Motion carried under the Consent Agenda).
Mr. Leek reported on the Comprehensive Plan amendment to add MUSA for property located
north of CSAH 16, east of Pike Lake Road and west of Foothill Trail. Mr. Leek oriented the site
via an overhead. Mr. Leek noted the subject site was guided in the adopted Comprehensive Plan
for single-family densities. Mr. Leek noted Mr. Liesner, the applicant, had shown staff a plan
denoting a single-family development. Mr. Leek stated the applicant was requesting that MUSA
be extended to the portion of the property where MUSA needed to be extended. There was
MUSA service nearby so this would not be a great big project. Staff was recommending
approval of the amendment to the Comprehensive Plan for the MUSA extension to the subject
site. If approval were granted staff was also asking that a condition be attached to the MUSA
extension approval stating that staff had the ability to remove the MUSA allocation if the
property did not receive preliminary plat approval within one year of being granted MUSA.
Mr. Leek noted there was a parcel of property between the property owned by Mr. Liesner and
the property owned by Shakopee Crossings. There have been conversations with the property
owner ofthe parcel between Mr. Licenser's and Shakopee Crossings in an attempt to consolidate
this narrow section into one ofthe other parcels, thereby facilitating the MUSA extension even
more. At this time, Mr. Leek noted the services would come from Southbridge on the north and
Red Oak School from the east. Mr. Leek noted there were some wooded areas and some wetland
areas abutting County Road 21 on the subject parcel.
Mark Liesner, 8679 Sunset Court, approached the podium and noted the subject parcel was
heavily wooded along the drainage ditch (Prior Lake Outlet Channel) and moderately wooded
elsewhere. He was hoping to design the development is such a way as to protect the woods. Mr.
Liesner stated he hoped to develop this subject site as soon as possible. He stated he would
move as fast as he could to comply with the one-year condition but he did not have full control of
what happened.
Mr. Leek stated this condition was unique to this property because this property had some
barriers to overcome before the development could take place. Mr. Leek was comfortable that
this language could be added to the approval after a conversation with the City Attorney.
Link/Joos offered Resolution No 5898, A Resolution Of The City Of Shako pee Approving A
Request To Amend The 1999 Comprehensive Plan Update To Extend The Metropolitan Urban
Service Area (MUSA) To Property, and moved its adoption. Motion carried 4-0.
Official Proceedings of the June 17, 2003
Shakopee City Council Page -9-
Joos/Helkamp offered Ordinance No. 672, 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).
Mr. Leek reported on the Preliminary Plat of Eagle Creek Ponds, Noecker Development, LLC,
located north of County Road 16 and east of Pike Lake Trail Extended. Mr. Leek recapped the
site of the property. He noted the proposed plat was a single-family plat located to the south of
the area that was now proposed for the relocation of the Prior Lake Outlet Chalmel. Mr. Leek
noted this property had been under review for sometime. Mr. Leek noted that staff had received
a letter from the Prior Lake Spring Lake Watershed District indicating that some progress has
been made in discussions regarding the whereabouts of the proposed relocation of the drainage
channel. It was noted by Mr. Leek that there were other various issues that still needed to
addressed Le. access, extension of Pike Lake Trail and easements for the extension of water lines
to the site.
Mr. Leek noted the applicant was not available for questions (staff had tried to contact him via
the telephone and needed to leave a message); Mr. Leek really did not see these issues being
resolved by the end of the extension period (end of June) thus staff was recommending denial of
the preliminary plat along with the Planning Commission's recommendation for its denial.
Jim Thomson, City Attorney, noted there were two options that the City Council could proceed
with regarding the preliminary Plat of Eagle Creek Ponds. 1) This could be put on the Consent
Ag<>nr1<> at tl,<> Tnne 30 2001 spec;<:ll me<>t;ng oftPe C;ty Conn{';l or 2'\ th'" Connci1 COll1d a{'t on
""'.1..1.",,"" .I.~"" ~ _ .I. _, ..." ...._.......... -.............. .&,... ..." -.....-.......... I II. - -.......... -... -..
the issue tonight with the understanding that if the applicant did come in and give an extension,
the applicant could then request the Council to reconsider this action at the July 1, 2003 meeting.
Link/Mars moved to continue the Preliminary Plat of Eagle Creek Ponds located north of County
Road 16 and east of Pike Lake Trail Extended until June 30, 2003.
It was noted when the Council acted on the preliminary plat that action would have an impact on
the litigation of the purchase agreement between the property owner and the developer.
Motion carried 4-0.
Mr. McQuillan, Natural Resources Director, reported on the new play equipment for Pheasant
Run Park. Mr. McQuillan noted that at the June 10, 2003 City Council Meeting Council tabled
the request to hire Mom's Landscaping firm to do site work at Pheasant Run Park. It was noted
by Mr. McQuillan that Mom's Landscaping did submit the lowest quote of $49,225 for site
grading, establishing turf, installing concrete sidewalks and tree and shrub plantings. However,
this quote was about $15,000 over budget. Staff had been directed to look at ways to reduce the
cost of this project. Mr. McQuillan noted he meet with two committee members from the
Pheasant Run Park Committee along with Councilor Helkamp, a representative from Mom's
Official Proceedings of the June 17, 2003
Shakopee City Council Page -10-
Landscaping and Design to look at possible ways to reduce the cost of the project. Seven items
were identified to bring the cost ofthe project more in line with the budget figure.
Helkamp/Joos moved to authorize the appropriate City officials to enter into an agreement with
Mom's Landscaping and Design, LLC for the site work for Pheasant Run Park at an amount not
to exceed $35,925.00.
Mayor Mars noted that in the future ifthe items needed in a bid added up to over $50,000, he
would like to see the method of a competitive bid used rather than a RFP.
Motion carried 4-0.
Joos/Helkamp offered Resolution No. 5901, A Resolution Setting The Public Hearing Date To
Consider The Vacation Of Easement, Located West Of Kelly Circle And North OfCSAH 16,
and moved its adoption. (Motion carried under the Consent Agenda).
Mr. Loney reported on the Pheasant Run Storm Sewer Replacement, Project No. 2003-6. Mr.
Loney noted that Pheasant Run came into existence in 1997 and the storm sewer was put in at
that time. However, problems have developed with two of the storm water ponds in the Pheasant
Run development that needed to be fixed. Mr. Loney noted that Pheasant Run consisted of 160
acres of single-family residential housing with many lots nicely landscaped. Mr. Loney noted
south of this area was the Dominion Hills and Chateau Ridge area that had drainage flowing
through the Pheasant Run ponds because it was determined that this water could not be directed
to the west. Mr. Loney noted that during the summer of 2002 residents of the Pheasant Run area
called City Hall regarding the water level (high) in the ponds in the Pheasant Run area.
Mr. Loney noted that staff revisited the storm water management plan for this area to see if there
was something that changed, was missed or miscalculated. WSB was contacted to do a modeling
of this area for a storm water management plan. Mr. Loney noted all the improvements for this
area had been completed. Mr. Loney noted that when the figures of the staff engineers for the
City were compared with WSB' s figures a couple of the pipes were shown to be to small to
handle the flows to keep the 100 year flood elevations down to an acceptable level. These pipes
were not large enough to handle the flow now because some of the flows were changed when the
Valley View Road project was done and now those flows go through the pipe. Mr. Loney also
noted that City staff also found that when designing these large ponds the 10-day snowmelt event
(7.2 inches of runoff over a 10 day-period) was the more critical storm.
Mr. Loney oriented the site and the two ponds in question and the storm sewer pipe. Mr. Loney
noted that it was recommended in the report from WSB & Associates, Inc., that the 15" pipe
from the pond on Mathias Road be enlarged to a 27" pipe and the outlet pipe for pond #2 should
be enlarged from a 15" pipe to a 24" pipe. Mr. Loney noted once these new size pipes were in
place the lOa-year storm being the 1 a-day snow melt event, the ponds did meet the requirements
Official Proceedings of the June 17,2003
8hakopee City Council Page -11-
to bring the 100-year flood elevations down to the 100-year mark that was previously thought.
These larger pipes would allow more water to flow out of the ponds and therefore, the water
levels would not be as high in the ponds as they were in 2002. According to Mr. Loney, the
pipes were going to be put back into the same place; just the pipes needed to be made larger.
There were very limited easements to put the pipes elsewhere. Mr. Loney noted that he would
look into putting the pipe elsewhere so not as much restoration work needed to be done for the
residents but the project before the Council tonight was for putting the pipes in the existing
location, making the pipes larger and restoring the residents property.
Mr. Loney stated the developer ofthis parcel was meet with and he admitted his engineer did
make a sizing error in the Quail Drive pipe and the developer was willing to pay up to $35,000
towards this project for replacement of some of the undersized piping. The developer did not
feel he was totally responsible for all of the resizing cost; he was responsible for the Quail Drive
side only. Some of the stormwater that was to have gone to the west was directed by the City to
flow into the Pheasant Run ponds after it was determined that it should not go to the west. It was
water run-off from the redirected water that was causing the largest problem. Mr. Loney noted
there would be some water control measures installed in Domino Hills and Chateau Ridge to
regulate the amount of water flow from those lands.
Mr. Loney noted the estimate to do this replacement work was approximately $127,000 to
replace this pipe and do the restoration work. Mr. Loney noted this was a fairly expensive
project because of all the restoration work and re-Iandscaping that needed to be done; but
everything was being done to lessen the impact to the residents. Mr. Loney stated the design that
was going to be used provided adequate safety for the residents from the 100-year storm.
Mr. McNeill, City Administrator, noted that he and Mr. Loney discussed this storm water sewer
problem and it was noted that the project was done the first time on the best information that the
City had.
Mr. Loney noted that if the water flow had not been changed to run into the Pheasant Run ponds
the storm water system would had to have been oversized to the west. This trunk water system
oversizing would have had a cost associated with it about equal to this project cost. Mr. Loney
stated Storm Water Trunk Funds would be used to pay for this project.
Jay Hastings, 2187 Mathias Road, approached the podium and asked if there were any other
options other than tearing up their yards. Mr. Hastings stated he did his own landscaping work
and had many hours invested in his yard. Would everything be replaced as it was now and how
long would the warranty be? Mr. Loney addressed Mr. Hastings questions. Mr. Hastings stated
he had no issues with the City; he just wanted to protect himself and his property. According to
Mr. Hastings, the Public Works Department had yet to clean the storm drains; perhaps just this
cleaning of the drains would take care ofthe problem. He never saw any problems with the
water level in the pond.
Official Proceedings of the June 17,2003
Shakopee City Council Page -12-
R. 1. Roder, 2166 Mathias Road, approached the podium and stated he had a few concerns. He
noted when the pond was designed it was about half the size it was now. He thought the City
should look into adding an additional outlet. He noted the pond was expanded because of the
Orrin Thompson Development. He would like to see two outlets for the safety of his land. It
was noted by Mr. Roder that after the drains were cleaned out last week, the ponds went down
considerably (2 feet). He would like to see the storm drains on a regular maintenance schedule.
Mr. Loney addressed Mr. Roder's concerns. Mr. Loney did note the pipes would still need to be
increased even if the storm drains had been cleaned out on a regular basis.
Joos/Link offered Resolution No 5903, A Resolution Receiving A Report Ordering An
Improvement And Preparation Of Plans And Specifications For The Pheasant Run Storm Sewer
Replacement, Project No. 2003-6, and moved its adoption. Motion carried 4-0.
Link/Joos moved to authorize the City Attorney to prepare a reimbursement agreement with
Pheasant Run of Shakopee, Inc. for the reimbursement associated with the Pheasant Run storm
sewer replacement and authorize the appropriate City officials to sign the agreement. Motion
carried 4-0.
Joos/Helkamp moved to authorize the appropriate City officiates to execute an extension
agreement with Bonestroo, Rosene, Anderlik & Associates in providing final design engineering
services for the River District Sewer Line, Project No. 2003-1. (Motion carried under the
Consent Agenda).
Joos/Helkamp moved to authorize the appropriate City officials to execute an extension
agreement with WSB & Associates, Inc., for design engineering services on the Vierling Drive
Improvement, from County Road 15 to Orchard Park West, Project No. 2002-4. (Motion carried
under the Consent Agenda).
Joos/Helkamp moved to authorize the purchase of office furnishings for the new police building
from William J. Business Interiors for workstations and miscellaneous office furnishings for
$221,216.63; Metro Systems for some tables, storage cabinets and other ancillary office
equipment for $35,542.24 and Workxite for different types of chairs and other seating furniture
needed for $40,447.98. (Motion carried under the Consent Agenda).
Joos/Helkamp offered Resolution No. 5890, A Resolution Of Special Commendation To Patricia
Mohrbacher On The 25th Anniversary Of Her Employment With The City Of Shakopee, and
moved its adoption. (Motion carried under the Consent Agenda).
Ms. Judith Cox reported on the new legislation relating to the 2:00 a.m. closing for On Sale
alcohol licenses. Ms. Cox noted that this new legislation would begin on July 1, 2003 upon
receipt of a permit from the Commissioner of Public Safety, in the City of Shakopee if no further
action were taken by the City Council. She noted the neighboring Cities of Chaska, Prior Lake,
Official Proceedings of the June 17, 2003
Shakopee City Council Page -13-
Savage, Chanhassen, Bumsville, Bloomington and Eden Prairie were surveyed as to what they
proposed to do as a result of the changes made by the State legislature. Because this legislation
was so new the neighboring cities were unsure of what they intended to do. Ms. Cox stated that
staff would like some direction as to how the Council would like them to proceed regarding this
new legislation. Ms. Cox provided some possible options.
It was noted that state law does allow municipalities to be more restrictive regarding the hours
that liquor could be served.
Cncl. Helkamp had a question for the Police Chief. Chief Hughes approached the podium with a
couple of concerns, himself. These concerns were police shift times and possible overtime.
Chief Hughes noted if these concerns became a reality, he would come back before the City
Council.
Cncl. Helkamp was concerned about the impacts on the Police Department and Chief Hughes
addressed this concern.
Mayor Mars noted what the possibilities were for the City.
Mayor Mars wanted to hold the line at 1 :00 a.m. and take public testimony. Cncl. Link wanted
the liquor sales to stop at 1 :00 a.m. Cncl. Joos was in favor of having the liquor sales end at 2:00
a.m. and then re-evaluate the situation in 6 months. Cncl. He1kamp was comfortable with the
Police Chief coming back to the Council ifthe 2:00 a.m. closing was not working.
Mike Muelken, Manager of the Hospitality operations at the Park Inn Suites, approached the
podium and noted there were ramifications to both sides of the discussion. He figured the
ramification to the business owners was: if the City changed the ordinance to 1 :00 a.m. and other
cities sold alcohol until 2:00 a.m. the competitive advantage would go to the other cities. Mr.
Muelken did not think a person's drinking habits would change ifthe hour to drink changed. He
suggested it was prudent for the City to see what would happen with a 2:00 a.m. closing.
The City Attorney noted that the City could not impose a City tax on drinks to help pay for the
police staff without special legislation.
Helkamp/Joos moved to direct staff that the City allow the State closing time for selling liquor at
2:00 a.m. to take affect. Motion carried 3-1 with Cncl. Link dissenting.
Joos/Helkamp moved to approve the applications and grant an On Sale 3.2 Percent Liquor
License, contingent upon compliance with all City Code requirements, to: Magnum Management
Corporation dba Valleyfair, One Valleyfair Drive; Raceway Park Inc., One Checkered Flag
Blvd.; Shakopee Jaycees Inc., Joe Schleper Baseball Stadium at Tahpah Park; Sky Ventures LLC
dba Pizza Hut, 257 Marschall Road; Great lakes, Inc., dba Shakopee Ballroom, 2400 East 4th
Official Proceedings ofthe June 17,2003
Shakopee City Council Page -14-
Avenue and Dangerfield's Restaurant, Inc., dba Panzanella Bread Company, 1361 East 1 st
A venue and Off Sale 3.2 Percent Liquor Licenses contingent upon compliance with all City
Code requirements, to: Holiday Stationstores, Inc., 444 East 1st Avenue; Holiday Stationstores,
Inc., 1381 Greenwood Court; Shakopee 1997 LLC, dba Cub Foods, 1198 Vierling Drive East;
Speedway SuperAmerica LLC #4546, 1298 Vierling Drive East; Speedway SuperAmerica LLC
#4035, 1155 East 1 st. Avenue; Speedway SuperAmerica LLC #8510, 1195 Canterbury Road;
Kwik Trip, Inc., 1522 Vierling Drive East and Sam's West, Inc., 8201 Old Carriage Court.
(Motion carried under the Consent Agenda).
Joos/Helkamp moved to table action on renewal of the On Sale 3.2 Percent Malt Liquor License
for Caffe LaBarra, Inc., 238 South Lewis Street. (Motion carried under the Consent Agenda).
J oos/Helkamp moved to approve the application and grant an On Sale Wine License, contingent
upon compliance with all City Code requirements, to: Dangerfield's Restaurant, dba Panzanella
Bread Co., 1561 East pt Avenue; and table action on renewal of a license for Caffe LaBarra, Inc.,
238 South Lewis Street. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to approve the application(s) and grant an Off Sale Intoxicating Liquor
Licenses, conditioned upon compliance with all City Code requirements, to: Crossroads Liquor
of Shakopee LLC, 1262 Vierling Drive East; Family Dining Inc. dba Budget Wine & Spirits,
6268 Hwy 101; MGM Wine & spirits, Inc., 471 South Marschall Road; Riverside Liquors, Inc.,
507 East 1st A venue; Valley Liquor Inc., 1104 Minnesota Valley Mall; Derby, Inc. dba South
Side Liquor, 1667 17th Avenue East and Sam's West, Inc., 8201 Old Carriage Court Avenue and
grant On Sale Intoxicating Liquor Licenses contingent upon compliance with all City Code
requirements, to: Pablo's Mexican Restaurant, Inc., 230 South Lewis Street (includes outside
dining and drinking) and Great Lakes, Inc. dba Shakopee Ballroom, 2400 4th Avenue East and
grant Stmday and Club Intoxicating Liquor Licenses contingent upon compliance with all City
Code requirements, to: American Legion Club Post #2, 1266 East 1st Avenue; Fraternal Order
of Eagles #4120,220 2nd Avenue West (includes outside dining and drinking); VFW Post #4046,
Inc., 1201 Third A venue and Knights of Columbus Home Association, Inc. 1760 East 4th A venue
and grant On Sale and Sunday Intoxicating Liquor Licenses contingent upon compliance with all
City Code requirements, to: AFF A, Inc. dba Arnie's Friendly Folks Club, 122 East First Avenue;
Apple American Limited Partnership of Minnesota dba Applebee's, 1568 Vierling Drive East;
Dangerfield's Restaurant, Inc., 1583 East 1st Avenue (includes deck); Saba Entertainment LLC,
911 East 1st Avenue (includes deck); Stonebrooke of Shako pee, Inc., 2693 County Road 79 and
Turtle's Bar and Grill, Inc. 132 East First Avenue (includes Banquet Center) and grant On Sale,
Sunday and Off Sale Intoxicating Liquor Licenses contingent upon compliance with all City
Code requirements to: Bretbecca, Inc. dba Pullman Club, 124 West pt Avenue; Babe's Place,
Inc., 124 South Holmes and Canterbury Park Concessions, Inc., 1100 Canterbury Road. (Motion
carried under the Consent Agenda).
Official Proceedings of the June 17, 2003
Shakopee City Council Page -15-
Joos/Helkamp moved to waive the requirement ofthe City Code Section 5.02, Subd. 9 for
Dangerfield's Restaurant Inc., 1583 East pI Avenue (includes deck); Stonebrooke of Shako pee,
Inc., 2693 County Road 79 and for the Knights of Columbus Home Association, Inc., 1760 East
4tl\ A venue. (Motion carried under the Consent Agenda).
Joos/Helkamp moved consistent with previous approvals, the following conditions are placed on
the approval of the licenses for Saba Entertainment, LLC dba Saba's Sports Bar and Grill, 911
East 1 st Avenue:
a. The extended 648 square foot area of the license which includes the deck shall be closed
on a daily basis to the public at sunset and no sale or consumption of food or beverages is
allowed on the deck after sunset.
b. The doors to the extended deck license area shall remain closed at all times after sunset
except in the case of an emergency.
c. Applicant's failure to comply with any of the these conditions shall be grounds for
suspension or revocation of the license by the City Council.
(Motion carried under the Consent Agenda).
Joos/Helkamp moved to table action on renewal of the On Sale and Sunday On Sale Intoxicating
Liquor Licenses for Sabroso, Inc., 1120 East 1 sl Avenue and for TL Foods, Inc., dba Harwell's
Steakhouse, 1128 Vierling Drive East. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to approve the applications and grant On Sale and Sunday On Sale
Intoxicating Liquor Licenses to Muelken Hospitality Industries, LLC, 1244 Canterbury Road,
conditioned upon a successful background investigation and compliance with City Code
requirements. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to accept the resignation of Mr. Jim Turnwall from the Environmental
Advisory Committee, with regrets. (Motion carried under the Consent Agenda).
Joos/Helkamp moved to direct the appropriate City staffto order 7 copies of the current historic
flag design with no changes in the design. (Motion carried under the Consent Agenda).
Joos/Helkamp offered Resolution No 5891, A Resolution Providing For The Prepayment And
Redemption Of Certain Outstanding General Obligation Bonds Of The City, and moved its
adoption. (Motion carried under the Consent Agenda).
Joos/Helkamp offered Resolution No. 5902, A Resolution Establishing The Date For A Public
Hearing Regarding The Issuance By The Scott County Housing And Redevelopment Authority
Of Bonds To Finance A Qualified Multifamily Housing Development Pursuant To Minnesota
Statutes, Section 469.034, Subd. 2, and moved its adoption. (Motion carried under the Consent
Agenda).
Official Proceedings of the June 17, 2003
Shakopee City Council Pa~e -16-
Joos/Helkamp moved to authorize the proper City officials to execute the assessment agreement
with Scott County for the 2004 assessment year in the amount of $102,400. (Motion carried
under the Consent Agenda).
Ms. Schaefer, Assistant to the City Administrator, reported on the !NET Agreement. Ms
Schaefer stated that staff was asking the City Council to direct City staff to enter into a joint
Cooperative Agreement with School District 720 and Scott County to finalize and maintain an
INET. Ms. Schaefer noted the INET was now functional for all City facilities except for the new
Library and new Police Station. The two buildings were to be hooked up to the INET upon their
completion this coming fall. City staff was very pleased with the capabilities of this new INET.
Ms. Schaefer noted there was a savings of almost $100,000 on this project. Ms. Schaefer was
hoping that this saved money could be used to put in a V oicelIP telephone system. This new
technology would be a money saving feature for the City plus the old phone system had reached
its life expectancy. Many of the benefits of the !NET were behind the scene but the customers
were being better served. Ms. Schaefer noted the INET was paid for 100% out of the
Telecommunications Fund. It was also stated by Ms. Schaefer that the City of Shakopee would
be recognized nationally by NATOA (a national communications journal) for having the INET
and working together with the School District and Scott County. Ms. Schaefer noted the City
would now be seeing some cost savings using the INET.
A couple of the highlights of the !NET were explained by Ms. Schaefer. These highlights were:
1) a centralization of services and 2) the ability to run the phone lines over the !NET. The
maintenance agreement was explained along with current and future capabilities of the !NET.
Ms. Schaefer noted there were many requests by residents to have the INET. The money savings
to departments would begin to be seen in the 2004 budget. Most if not all of the money was
expected to be recouped in three years.
It was noted by Ms. Schaefer that the City Attorney for the Telecommunications Commission,
Bob Vose, had reviewed this joint cooperative agreement with School District 720 and Scott
County for maintaining the INET.
Helkamp/Joos moved to direct the appropriate City officials to enter into the Joint Powers
Agreement with School District 720 and Scott County to finalize and maintain the INET.
Motion carried 3-1 with Cncl. Link dissenting.
Mayor Mars reopened the discussion for final design of the River District Sewer Reconstruction,
Project No. 2003-1. Mr. Loney noted there was a policy question that needed to be addressed.
Mr. Loney noted that when the River District Sewer Line was televised it appeared that there
were 10 services hooked up to this sewer trunk line. I t was suspected that there were some
services hooked up but never actually known before this. Mr. Loney noted that normally when a
service line was replaced to a home the service line was assessed. However, the idea of this
project was to fix this line and it would not be known which service line was bad until the actual
Official Proceedings of the June 17,2003
Shakopee City Council Page -17-
work was done and all the service lines were looked at. Mr. Loney thought it behooved the City
not to assess these service lines so there would be a greater possibility that the residents would
allow the City to go on private land and look at these services. Mr. Loney stated in the bigger
picture this was not a big expense to the City; however it was a break in policy. But he felt the
service lines should be looked at and fixed.
There was discussion on the service lines from the property line to the houses. Mr. Loney felt it
would be beneficial to have a meeting with the residents and explain what was going to happen.
Link/Joos moved to direct the Public Works Director to provide for the replacement of individual
sewer lines and that those lines not be assessed to the property owner but rather the cost be paid
out of the Sanitary Sewer Enterprise Fund. Motion carried 4-0.
Joos/Helkamp moved to accept Mr. Guzzetta's resignation with regret and appointed Mr. Adams
to fill the unexpired term of Mr. Guzzetta on the Telecommunications Commission until
February 28, 2004. (Motion carried under the Consent Agenda).
Cncl. Link had a Council concern regarding road maintenance. Cncl. Link felt the lack of
maintenance was costing the City money. He would like to see the roads upgraded from a 7-ton
to a 9-ton road. Mr. Loney addressed this issue. Mr. Loney will follow-up with information to
some of the road questions.
Helkamp/Joos moved to adjourn to Monday, June 30, 2003, at 7:00 p.m. at City Hall in the
Council Chambers for the CIP workshop with the Planning Commission and the Park and
Recreation Advisory Board. Motion carried unanimously. The meeting adjourned at 9:55 p.m.
~d.Gf
Vudith S. Cox
City Clerk
Carole Hedlund
Recording Secretary