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HomeMy WebLinkAbout7. Approval of Minutes: May 20, and June 03, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MAY 20, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Dan Hughes, Chief of Police; Jerry Poole, Deputy Chief of Police; Terry Stang, Fire Chief; Mark Themig, Facilities and Recreation Director and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. The following item was deleted from the agenda. 15.CA Archery Range Discussion. The following item was added to the agenda. 15.B.5 Additional Personnel Locker File Drawers for the New Police building. Joos/Link moved to approve the Agenda as amended. Motion carried 5-0. Senator Claire Robling gave a legislative presentation. She noted that there were four more major funding bills to be completed in the special legislative session. One ofthese bills was the tax bill in which the City would be interested in finding out what policies and what local government aid (LGA) formulas were in the bill. Ms. Robling did report that an additional $11 I million beyond what the Governor recommended for LGA was put back into the bill. This was a very important negotiating point. Ms. Robling noted that there were five possible formulas and she was not sure which formula would prevail. She noted that over the past years the City of Shakopee did not receive a lot of LGA. She was certain there would be a decrease in the LGA and the City budget would be impacted in some way. Ms. Robling stated that the legislature tried to prevent cuts to'the education funding. This was done fairly well, especially for the k-12 classes. Ms. Robling noted that the budget was actually going to increase but the demand for services was outstripping the increase. Because the economy had slowed down the revenues to the State dropped also. Ms. Robling stated that they and the Governor were trying to fix the problem without putting more burdens on the taxpayers. They were goingto try and hold the line on spending for a few years to see how that would work. In order to do this the legislature needed the City's help. Ms. Robling expected the final tax bill to have tax levy limits similar to those seen in the past. She did not see a complete freeze on the leyy limit. She noted there was still talk of a possible reverse referendum in the second year. This reverse referendum was an attempt to control Official Proceedings of the May 20, 2003 Shakopee City Council Page -2- property taxes and tax increases. Ms. Robling noted the cuts to Shakopee might not be significant because the City had not been dependent on LGA. Ms. Robling noted that she had heard the Transportation Bill was completed but she had not seen the summary or the language yet. She stated it sounded like they would do bonding using revenue from cuts within MnDOT. She noted some money from the Federal Government was being looked at to jumpstart some construction projects. This money would be used early but there would be no penalties for its use from the federal government. Representative Michael Beard joined Ms. Robling at the podium. Mr. Beard noted there was a lot of give and take in the State Legislature. Ms. Robling noted that the Racino became a major bargaining chip and the democrats in the senate insisted that it be given up for no tax increases and it looks like that is what has happened. Ms. Robling did not think the Racino bill was dead forever, however. She appreciated all of Mayor Mars' efforts. Representative Beard noted he had been pulling for the Racino because he knew the revenue stream that the City of Shakopee would have seen from the Racino. Mayor Mars noted the City of Shakopee did a very good job with its budget over the years and with the growth rate in Shakopee, the City was not very dependent on LGA but the City did need the market value credit. Levy limits and debt levy limits for roadway expansion was a big concern on the local level. Ms. Robling stated looking at the overall picture of the State, she did feel something would be done with levy limits. She stated that she hoped the levy limits were very similar to what the City was used to. She noted the City might bump up against the reverse referendum; this she was not sure of. She noted that the legislature realized debt levy limits for infrastructure for a growing community should not be held within very restrictive limitations. Cities needed to meet the infrastructure needs of the community. Representative Michael Beard noted that the levy limit situation was very carefully considered. That bill was not done yet, there still needed to be some negotiations. Cnd. Joos did not know why the City of Shakopee who was a financially responsible City should have to pay the price for other Cities. He thought this tied the City's hands. In reality less government was wanted. Cnd. Joos stated he really struggled with levy limits and especially the reverse referendum. Mayor Mars noted with the formulas that he had seen, the City of Shakopee was not being cut; they were going to zero. Cnd. Helkamp asked about the market value credit and Representative Beard noted that to touch that would be very radical and not needed. Official Proceedings of the May 20, 2003 Shakopee City Council Page -3- Mr. McNeill, City Administrator, noted that Shakopee was growing at a rate faster than 5%. This comment was in response to a levy limit set at 5%. With the growth over 5% and a levy limit at 5%, Mr. McNeill noted the level of services was guaranteed to go down. He felt that this unnecessarily tied the City's hands. Mayor Mars wanted to discuss the controversial issue of Conceal and Carry. He was concerned about guns being carried into the community center; the community center was also used by the School District. Ms. Robling noted that ultimately the Sheriff was responsible for the Conceal and Carry applications. Local police departments could be requested to help the sheriff. Ms. Robling noted privately owned business could post and ask people not to carry into their establishments (but if someone was known to be carrying they would have to be asked to leave). Guns were not allowed on school property; this did color the answer to the concern regarding the community center. Ms. Robling noted that Minnesota was the 35th State to have a Conceal and Carry bill and no problems could be found with this type bill in the 34 states that had these bills. Representative Beard noted part of the intent of this bill was so people could exercise their 2nd amendment right to defend themselves. This means public buildings are open to carry. The only exception was school buildings and sites that are rented for school functions, like the hockey arena, could be posted. Cncl. Link asked why the gas tax increase was denied when there were so many problems with the roadways. Representative Michael Beard and Senator Clair Robling were not sure because this was a dedicated tax; this idea will be brought up again at some time. The following items were added to the Consent Agenda. 15.A. 2 Approval of Architect Firm for Public Works Remodeling and Salt Storage Siting and I5.B. 5 Additional Personnel Locker File Drawers. The following items were removed from the Consent Agenda. 15.B.3 Smoke Detectors in Residential Occupancies and I5.C. 5 Huber Park Parking Options. Lehman/Helkamp moved to approve the Consent Agenda as amended. Motion carried 5-0. LehmanlHelkamp moved to approve the meeting minutes for April 14, 15; and, April 29, 2003. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to approve the bills in the amount of $982,292.94 plus $150,561.36 for refunds, returns and pass through for a total of $1,132,854.30. (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 asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Official Proceedings of the May 20, 2003 Shakopee City Council Page -4- Mayor Mars reported that he attended the Scott County Alliance for Leadership and Efficiency. Mayor Mars noted that the Association for Metropolitan Municipalities would hold their annual meeting on May 29 and the League of Minnesota Cities was having their annual conference on June 18th. Mayor Mars noted that this conference was held over a couple of days. He attended this conference last year and stated it was a yery helpful conference. He recommended that other Council members attend this conference if possible. Cncl. Lehman noted he attended the Vision Shakopee Meeting on May 7th and the sign in the downtown area that Vision Shakopee erected was talked about. Volunteers were asked to come up with a plan along with the Public Works Department for around the sign and have the cost figured if Public Works did the project. A plan requiring low maintenance was going to be looked at. Cncl. Lehman noted that Vision Shakopee also became a sponsor of Derby Days to the tune of $2,000 with the absence of the City of Shakopee monetary contribution to Derby Days. Cncl. Lehman noted he attended the School District's award ceremony for the band and felt the organization of the ceremony was very well put together. Cncl. Link noted the lettering on the Vision Shakopee welcome sign to the City of Shakopee needed to be increased in size. Cncl. Lehman noted that this issue had been discussed at the meeting also. Cncl. Joos noted that he attended the School Board meeting on May 13th and the enrollment numbers were discussed. He noted the enrollment was on pace with projections. The School District also approved the preliminary budget for the 200312004 school year. The School District also appointed their facilities task force for the secondary school. Cncl. Joos noted he was going to work with that body as their liaison to keep the Council abreast of what was going on. Cncl. Link noted he attended a Shakopee Public Utilities Commission (SPUC) workshop. Out of the SPUC workshop came the idea to set up a joint meeting with the City Council and SPUC to discuss and come to some decision on the policy for undergrounding of electrical lines. Mr. Loney addressed this point and noted that all utility companies needed to be treated the same. Cncl. Helkamp noted he attended the Scott County Alliance for Leadership and Efficiency meeting along with Mayor Mars and noted that three big projects were kicked off at that meeting. They were: I) capital equipment inventory of all Scott County cities so some sharing could take place between the cities, 2) training opportunities for all Scott County Cities and County together, 3) combined purchases for Scott County cities and the County for buying power. Joos/Link moved to recess for the purpose of conducting the Economic Development Authority meeting at 7:58 p.m. Motion carried unanimously. Official Proceedings of the May 20, 2003 Shakopee City Council Page -5- Mayor Mars re-convened the City Council meeting at 7:59 p.m. Mr. Leek reported on the concept review for Countryside Development located south of Hwy 169 and east of Marystown Road. Mr. Leek noted that a concept review was called for in the Planning Ordinance regarding a Planned Unit Development by the Planning Commission and not the City Council but because of the type of development occurring in the Hwy 169 corridor and comments heard from the City Council members regarding these developments, Mr. Leek thought it would be advantageous to the developer and City for the City Council to comment on these concept plans early in the process. He hoped this discussion of the concept plan by the Council would provide specific direction to the applicants and they would get direction as to what the Council was looking for for the City of Shakopee. Mr. Leek noted that at a staff level he and staff had made suggestions to the developer; some of the suggestions had been incorporated into their plan but not all of the suggestions. Mr. Leek noted that the Park and Recreation Advisory Board and the Planning Commission had reviewed this concept plan. Each of these entities had made comments to the developer. Mr. Leek oriented the project site via an overhead. He noted to the north of the site was an additional phase and it was at this site that the new roadway was proposed to be aligned. Mr. Leek noted that the School District property (being looked at for two campuses, one an elementary campus and one as a secondary campus) was to the south of the concept plan being discussed tonight. Mr. Leek stated that this subject site had been annexed but was not currently guided in the City's end land use plan. Mr. Leek referred to the Comprehensive Plan Update. An issue raised at the Plam1ing Commission was that this site was an R-2 District (medium density). Mr. Leek noted that because the City did not currently guide this site then an Environmental Impact Study (EIS) would need to be done on the site. At this time an EIS is not being done because the developer had chosen to wait and see what comes out of the Comprehensive Plan Update. Before the development took place but after the Comprehensive Plan Update was finished an environmental assessment worksheet (EA W) would need to be done. Mr. Leek noted the project would be served by the future 17th Avenue. Mr. Leek noted that the alignment of 17th A venue that the developer was showing was not the alignment that Scott County was showing and the alignment shown by the developer is not likely the alignment that the County would recommend. Mr. Leek noted that at the meeting when the County showed the suggested alignment of 17th A venue; the applicant asked the City and the County to hold public hearings on the study regarding the alignment of 17th A venue when the study was completed. Mr. Leek noted that a public hearing would be held before the City Council and as much public testimony as possible would be taken regarding the alignment. The County's alignment of 17th Avenue was driven by speed, access and safety issues; these forces did not drive the developer's alignment. Mr. Leek noted the alignment that the County was showing for 17th Avenue. Official Proceedings of the May 30, 2003 Shakopee City Council Page -6- Mr. Leek noted that right-of-way issues were also problematic. The County was asking for more right-of-way than was deemed necessary by the developer and the City. It was noted that 17th A venue would become a replacement for County Road 16, when 17th A venue was extended all the way to County Road 69. Mr. Leek noted with the expected travel levels on this road, the City would like to see the residential areas buffered from that roadway (right now the County does not allow berming in their right-of-way). Mr. Leek thought the access issue had been worked out. Mr. Leek noted that most of the project consisted oftownhouses north of 17th Avenue. To the west of County Road 77, there was an area of single-family detached homes (condominium style, single-family detached development). Mr. Leek explained the condominium style, single- family detached home. The entire development would consist of approximately 1100 units. Mr. Leek and staff would like to see this development plan for the future as well as for today. Mr. Leek stated the Planning Commission had concerns that there was not a dispersal of single- family housing types throughout the project. Mr. Leek noted that this dispersal of single-family homes could be accommodated in a medium density area. The Planning Commission also had a concern about the look of the townhomes. Mr. Leek noted on the concept plan being shown tonight, there were some small play and recreational spaces provide within the project. The school complex to the south of this project would have many more recreational spaces. The Planning Commission noted that they would like to see a more concentrated open space and they felt the School District should not bear the burden of providing recreational space for this project. There were also some safety concerns of the bulk of the active recreational space being proyided across 17th A venue. There was a safety concern in crossing 17th Avenue (especially when 17th Avenue replaced County Road 16). It was also noted that the School District scheduled its play activities during a school day and into the evening; there may actually be little time allowed for public use. Mr. Leek noted that the Planning Commission did not like seeing more medium and high-density development but that was what the market was dictating at this point in time. They would like to see in this concept plan a neighborhood that was adaptable to a changed population in the future and also for this development to have sidewalks and trails. Mr. Leek noted that if there were some kind park, large enough in this development, this park could be adaptable to various uses in time, if need be. The function of common interest communities (erC) was also a concern to the Planning Commission. Mr. Leek noted there was one homeowners association already that tried to turn open space back to the City. It was noted that this association was at the lower end of market Official Proceedings of the May 20, 2003 Shakopee City Council Page -7- rate housing and it would be this type of association that might be coming back to the City saying they could not afford this association but they still really needed the open spaces. The Planning Commission also disliked the eight unit buildings that they were shown and they did not like the use of private streets and priyate driveways serving a portion of the site plan (28 feet width for private roads and the public roads are designed with a 32 feet width). It was noted the Fire Department commented that the roadways and curves were passable for emergency equipment but that roadways over 150 feet needed turn-arounds. Mr. Leek noted that the Park and Recreation Advisory Board (PRAB) was recommending cash in lieu of parkland be taken. There was a concem by the PRAB, this park issue needed to be reconsidered and relooked at by them. Mr. Leek noted that the open spaces being shown by the developer were over the 15% requirement but staff had not looked at this part of the concept plan in depth and it was noted that some of the areas being proposed by the developer for open space would not be accepted as open space by the City. Cncl. Link and Mr. Loney noted it was more costly to maintain smaller open spaces than it was to maintain a large park. It was noted that the small tot lots proposed in the concept plan would be under the association for maintenance. Matt Weiland, Tollefson Development, approached the podium. Mr. Weiland noted that Tollefson Development would like to see a 120-foot of right-of-way versus the 150 feet of right- of-way that the County was suggesting. Tollefson Development thought that 120 feet was sufficient for the needs. Michael Gair, Site Designer and Planning Consultant, approached the podium and addressed the Council. He noted there was approximately 157 acres that needed to be planned for development. He noted what he designed for this area was a master planned community. He noted with a master planned community there was predictability at the end of the plan. The master planned community had generally a higher sustainable life tenure as well as, a desirability (change of lifestyle) security, normal price escalation rate of homes, aesthetic quality and social opportunities. Mr. Gair noted that the southern elevations were the highest with the lowest elevations being towards Hwy 169 with a substantial power line easement running on the northern edge of the site. He noted there was a drainage way on the site also. Mr. Gair felt this plan spoke very well to the land use. It was a very reasonable use of the land. The concept was to wrap the development in green with larger packets of green to be incorporated in the development to provide spaces for limited recreation. He had found this idea to be successful. The concept plan also included blocks defined by roadway and/or green space. The types of housing in each block was somewhat similar and pedestrian friendly. Mr. Gair did note that the detached single-family housing was a little more suburban in nature but the blocks did prevail. He noted the vision coming from the south was of open space and not impervious Official Proceedings of the May 20, 2003 Shakopee City Council Page -8- surface. There were six-unit town homes dispersed throughout the blocks. A key piece to this development was the pedestrian walking system. The purpose of the trails was to provide a corridor along 17th A venue to link homes to a larger corridor and to provide pedestrian linkage to. each neighborhood (each having a theme). He noted the open spaces would have specific uses. The gross density ofthe entire development was about 6.8 units per acre. Mr. Gair noted that the parking requirements were meet because with 32-foot wide streets parking was allowed on one side; the residents would use the streets for parking. Mr. Weiland noted that the concept plan had not really been tweaked yet except for the pocket parks that the PRAB talked about. None of the comments from the Planning Commission had been incorporated into the plan at this time. The Council gave direction to the developer that they would like to see the comments from the Planning Commission incorporated into the plan because the Council had similar concerns and they worked well with the Planning Commission for the betterment of the community. Cncl. Lehman noted that he agreed with the lesser dip for the curve for the 1 th A venue road alignment, a buffer area would be needed along the north and south of 17th A venue, trail connections could be more effective, there was not enough green space (using school district equipment/land was not acceptable), streets that the City needed to maintain needed to be 32 feet, the eight plexus were not favored, and more of a mixture of the housing types was desirable. Cncl. Lehman stated he did like the infinity home. Mayor Mars would like to see the concerns of the Planning Commission and the Park and Rec incorporated into the concept plan also. Mayor Mars noted the demand for parks and park space was quite high in today's society. He would like to see more parks. A break was taken at 9:15 p.m. Mayor Mars re-convened the meeting at 9:28 p.m. Mr. McNeill reported on the award ofthe sale of$2,215,000 G.O. Improvement Bonds, Series 2003A. The purpose of the bond sale was to finance the Vierling Drive/Sage to Marschall, Valley View/Sarazin and 17th A venue/Colonial projects. Bruce Kimmel, of Springsted, St. Paul, approached the podium to speak to the sale of the $2,215,000 G.O. Improvement Bonds, Series 2003A for the three assessment projects. Mr. Kimmel noted there was lot of demand for municipal bonds. Nine bids were received representing 20 investment banks. Mr. Kimmel stated the winning bid came from Northland Securities with a true interest rate of2.5652%, the next bid came from a syndicate led by Morgan Stanley with a true interest of2.61 %. Mr. Kimmel noted when recommendations were submitted for this bond issue the estimated true interest cost was 3.23%. Mr. Kimmel pointed out that the Official Proceedings of the May 20, 2003 Shakopee City Council Page -9- Northland bid was for a price of$2,215,567.00 (premium bid) with a net interest cost of $288,953. Because this was a premium bid, there would be a little surplus in the debt service account and Mr. Kimmel stated this excess money along with the assessment income that the City would be receiving could be used to help pay some ofthe first debt service payments. Mr. Kimmel mentioned that Moody's Investment Services did reaffirm the City's A-I bond rating for this bond issue. Moody's was. very positive ofthe City's finances and pointed towards the City's rapidly growing tax base, favorable location in the metropolitan area, history of satisfactory financial operations and the moderate debt levels that are manageable despite the rapid growth. There were no red flags seen by Moody's at this time and none were expected. They did want to keep an eye on the City's debt level, especially the overlapping debt with the County and School District because of the rapid growth. It was noted that anyone who was rated with Moody's or Standard and Poors was monitored. Link/Lehman offered Resolution No. 5893, A Resolution Awarding The Sale Of$2,215,000 General Obligation Improvement Bonds, Series 2003A Fixing Their Form And Specifications; Directing Their Execution And Delivery; And Providing For Their Payment, and moved its adoption. Motion carried unanimously. Cncl. Link removed himself from discussion and abstained from voting on the issue regarding property to be sold adjacent to Lion's Park. Mr. Loney, Public Works Director/City Engineer reported on reviewing the proposals on property for sale by Lion's Park off of Vierling Drive. Mr. Loney stated at the April I 51 meeting alternatives were reviewed for the alignment of Vierling Drive from County Road 15 to Orchard Park West. At that meeting the Council elected to go with a new alignment that would allow a Fire Station to be built in Lion's Park near Lion's Pond and this alignment would also allow for a section ofland to be sold that was located north of Vierling Drive and south of the Upper Valley Drainageway. Mr. Loney noted that they were authorized to go out for bids on this land to see what might be offered for the land. The land was approximately 2.1 acres and bordered Orchard Park West, a single-family development. The City received four bid proposals and the high bid was submitted by Pat Link Construction ($57,000) with Laurent Builders having the second high Bid of $16,111.10. Pat Link Construction and Laurent Builders accepted the assessment of $190,000 for Vierling Drive improvements. Mr. Loney noted Cal Haskins actually submitted a higher bid but he did not accept the assessments for improvements on Vierling Drive, thus making the bid much lower than the other two bids. Mr. Loney noted that the gas line easement was inadvertently not shown on the drawings given to the bidders. On information received from the City Attorney, the City negotiated with the bidders after the bidding process was over. Mr. Loney stated the gas line easement did encroach into the setback area. Pat Link Construction was talked with and they asked for a reduction of $15,000 from the bid submitted by them. In reality the offer was then $42,000 plus $190,000 of assessments along Vierling Drive. Staff Official Proceedings of the May 20, 2003 Shakopee City Council Page -10- concluded that this was a reasonable offer. Mr. Loney noted he was asking direction on what should be done with the proceeds realized from the sale of the property. It was noted that the $190,000 assessment was just for Vierling Drive. The development of the property, road and utilities are not included in this assessment. Mr. Leek noted the property was guided for park at this point. Staff would now go ahead and make an amendment noting that the property was to be developed with a density of no higher than five units per acre. Mr. McNeill, City Administrator, noted the City had been trying to keep the adjacent residents (directly east on Cider Circle) informed of what was going on. Mr. McNeill noted that he received a phone call from Mr. Jeff Smith stating that he was displeased with the City's intent to sell this parcel and if Mr. Smith had known that this parcel was gong to be developed he would never have built his home in the location that he is in now. Lehman/Helkamp moved to authorize the appropriate City officials to execute the purchase agreement for the approximate 2.1 acre parcel of land owned by the City of Shakopee, located north of Vierling Drive, south of the Upper Valley Drainageway and west of Orchard Park West development to Pat Link Construction Company in the amount of $42,000 and Pat Link Construction Company accepting the $190,000 assessment of improvements to Vierling Drive. Motion carried 4-0 with Cncl. Link abstaining. Cncl. Lehman noted that he would like to see a 50/50 split of the proceeds from the sale ofland adjacent to Lion's Park. A portion of the excess dollars from the sale should be put back into Lion's Park and he would like to see the Engineering Department recoup their costs on the land sale and the balance go towards the City assessments on Vierling Drive. Lehman/Helkamp moved to split the excess funds between the Park Reserve Fund for Lions Park and the other 50% would go towards the City's assessments on Vierling Drive. Motion carried 4-0 with Cncl. Link abstaining. Ms. Cox reported on the massage center/massage therapist licensing. Ms. Cox noted that at the April 15th City Council meeting the Council received a letter from Mr. Craig Ballard, owner of Salon St. John and Spa, requesting that the regulations relating to massage centers and massage therapist be repealed or significantly revised. Both Mr. Ballard and Amy Schneider, of Knead it or Knot were present and discussed this issue with the Council at that meeting. Staff was directed to provide additional information on the need to regulate, problems of the past, streamlining the process and looking at the fees. It was recommended that the Council continue to license massage centers and massage therapists (four other Cities were reviewed and their licensing criteria was similar to the City of Shako pee's). It was noted that the City had experienced no problems in the past years relating to this profession, if the application/s were filled out correctly the application/s are processed in a timely manner. It was recommended the Official Proceedings of the May 20, 2003 'Shakopee City Council Page -11- licenses for massage therapist be approved administratively and not approved by the City Council thus increasing the timeliness. It was noted that the fees were in line with other Cities. Ms. Cox noted that on May 91\ Ms. Snyder did submit a letter suggesting that only massage therapists be licensed, the educational requirements be increased and the City Ordinance be completely redone. Ms. Cox noted that the City Code of Shakopee was similar to other communities and therefore, the Ordinance should not be redone at this time and it was not the City's intent to increase the educational requirements or to look into that matter at this time. Mayor Mars noted that this was not a public hearing but had been discussed at length at the last meeting. Sheila Pippo, 801 Sarazin Street, approached the podium to discuss this issue. She would like to practice massage therapy outside of her home but would not graduate from a licensed massage therapy school until June 261\ she is presently an elementary education teacher. She already had a base clientele. She would like to go to the client's homes. Ms. Cox clarified that going into a client's home was a recommendation from staff and she clarified the process if this recommendation were approved. Jerry Hennen, approached the podium and stated that a licensed therapist should be allowed to take their business outside the home. He felt this could be a great public service. Craig Ballard, owner of Salon St. John and Spa, approached the podium and noted his major concern was having to do background checks on massage therapists in a quickly and timely maimer. There were times when he needed to take care of staffing situations on a quick and timely basis. The background checks created situations. He would like to see a day spa treated differently than a massage center. He would like to see a window of certain days so he could run his business when emergencies arose and he would like to see licenses transferable from City to City. He believed education was necessary. He stated that he thought the Police Department had misstated some items regarding his situation. He wanted to compete on a level playing field. Mr. Ballard was glad to see the insurance requirement go away. LehmanlLink moved to accept staff s recommendations that massage centers and massage therapists continue to be licensed, that massage therapists be allowed to perform massage at a patron's place of employment and the home of a customer-outside the licensed premises, background investigations of both massage centers and massage therapists continue to be conducted and staff could process the license application to the Council even though the background investigations had not been completed and if the background check had not been completed by the Council meeting, the license would be approved subject to a successful completion of the background investigation, deleting the requirement from City Code that there be evidence of insurance for massage centers, deleting from the City Code limiting the number of Official Proceedings of the May 20, 2003 Shakopee City Council Page -12- licenses for massage center to six, and clarifying the city code exempting massage center licensing and massage therapist licensing for massage therapists who work under the direction of a physician, chiropractor, osteopath or podiatrist. Motion carried unanimously. LehmanlHelkamp moved to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Lions Club, in the designated beer garden adjacent to the concession stand at Tahpah Park, June 7 and 8, 2003. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to establish Wednesday, June 4th at 5:45 p.m. as a time to meet jointly with the School Board ofLS.D. 720. (Motion carried under the Consent Agenda). Mr. Leek reported on the concept review brought forward by Tollefson development for the Phillip property located east of the intersection of Independence Drive and 17th Avenue. Mr. Leek oriented the site via an overhead. Mr. Leek noted that staff thought this was a concept that had some merit because it was not an attached housing concept. Mr. Leek noted the Planning Commission did have a few concerns. These concerns were: monotony controls, screening along 17th A venue and the location of a basketball court. Mr. Leek did note that this development was on the portion of 17th A venue that needed to start curving so it could align up with the Shakopee Aggregate site. Mr. Leek stated that the alignment for 1 th Avenue was generally shown in this concept plan but the Council needed to move diligently giving approvals to this concept plan to make sure the alignment of 17th A venue was correct. Mr. Leek noted that controls could be imposed to make the sightlines around the curves as best as possible. There were some questions on the driveways. Gary Wollschlager, Tollefson Development, clarified the driveway situation in question and the turn-around for the driveway. Mr. Wollschlager noted the Planning Commission was concerned about the basketball court and the effect it would have on Monarch Estates. Mr. Wollschlager stated that Tollefson Development would consider moving the basketball court elsewhere or eliminate it all together. Mr. Wollschalger noted he was trying to work with the deyeloper who had the property to the east so the entire site would be compatible. Mr. Wollschlager noted that the alignment of 17th Avenue would be adjusted so it aligned properly with what was proposed for 17th Avenue all the way to the east. Mr. Wollschalger noted there was proposed berming on the north side of 17th Avenue and on the south side of 17th Avenue Tollefson Development was proposing a heavy screening of trees because of the elevations of the houses. Mr. Wollschlager stated there was not enough room between the right-of-way easement and the houses for a proper sized berm. It was noted that there was a trail system in the concept plan and there would be sidewalks on one side of the street within the development. The monotony of the homes had also been addressed. Official Proceedings of the May 20, 2003 Shakopee City Council Page -13- Mr. Leek reported on the reguiding, the extension of MUS A and the rezoning of Tollefson property located south of County Road 16 and east of County Road 83. Cnc1. Link noted that he and his wife were partners in the subject property and he needed to abstain from discussion and voting on this issue. Mr. Leek noted the original request was to rezone about 31 acres of the site. Approximately 25 acres would be rezoned to Multiple Family Residential (R-3) and approximately six acres would be rezoned Highway Business (B-3). Mr. Leek oriented the site via the overhead. Mr. Leek noted the current land use plan, developed in 1998, guided this area for rural residential; the Comprehensive Plan Update being worked on now, showed this property, as well as, an adjacent property as mixed use. It was felt that this site could have a variety of uses that would be appropriate for the site. It was noted that the Planning Commission heard this concept over the course of two meetings. They continued it the first time to get some answers to some questions; now they were making a recommendation to the City Council. They recommended to rezone the entire property to Planned Residential District (PRD) to allow some flexibility. The retail component for this site would be more of a neighborhood retail component and not a community wide or sub regional retail center. The Planning Commission recommended also the extension of MUSA and the reguiding to Planned Residential District. Mr. Leek noted the PRD reguiding and rezoning was consistent with the Comprehensive Plan Update. There was some discussion on the extension of MUSA. Gary Wollschlager, Tollefson Development, approached the podium and stated he was here to work with the Council and the Planning Commission and if the Planning Commission wanted to reguide and rezone the property to Planned Residential District he was okay with that recommendation. LehmanlJoos offered Resolution No. 5889, A Resolution Of The City Of Shako pee Approving A Request to Amend The 1999 Comprehensiye Plan Update To Reguide Property From Rural Residential To Planned Residential District And Extend The Metropolitan Urban Service Area (MUS A) To Property, and moved its adoption. Cncl. Helkamp thought this piece of property looked to be a little orphan piece and was concerned that there would be no other development in this area in the near future. Mayor Mars viewed this area as an up and coming intersection. Cncl. Joos noted that the sewer and water infrastructure was already there. Cncl. Lehman agreed with Cncl. Joos. Motion carried 4-0 with Cncl. Link abstaining. Lehman/Joos offered Ordinance No. 667, Fourth Series, An Ordinance Of The City Of Shakopee Approving A Request To Rezone Certain Property From Agricultural Preservation (AG) To Planned Residential District (PRD), and moved its adoption. Motion carried 4-0 with Cncl. Link abstaining. Official Proceedings of the May 20, 2003 Shakopee City Council Page -14- LehmanlHelkamp offered Ordinance No 668, 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 East Of Marshall Road And South Of Eagle Creek Boulevard From Multiple Family Residential (R-3) Zone To Neighborhood Commercial (NC) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to direct staff to enter into a contract, not to exceed $50,000 with Bluestem Systems to develop Phase I of a new City website. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the City Attorney to prepare a contract with Oertel Architects, Inc. for the remodeling of the public service building and salt storage building siting on the public works site, and also authorize the appropriate City officials to execute this contract. (Motion carried under the Consent Agenda). Cncl. Lehman addressed smoke detectors in residential occupancies. He was concerned about the need to have hardwired smoke detectors in older homes to comply with the new Minnesota Uniform Building Code and State Fire Code. He stated many homes in Shakopee are lath and plaster and to hardwire at this time would be quite expensive. Tom Pitschneider, City of Shakopee Fire Inspector, approached the podium and stated the reason Ordinance No 666 was being written was to bring the current ordinance into compliance with the Minnesota State Building Code and the Minnesota State Fire Code. Mr. Pitschneider noted Ordinance No. 666 would not force hardwiring into any ofthe existing homes in Shakopee. If over a specific amount of remodeling took place then the smoke detectors would need to be hardwired otherwise battery operated smoke detectors were okay. Mr. Pitschneider stated that the City is stuck with the State Building Code mandates (the City can not have tougher or less restrictive codes). Lehman/Joos offered Ordinance No. 666, An Ordinance Amending Section 4.50 of The City Code Requiring Fire Warning Systems, and moved its adoption. Motion carried unanimously. Lehman/Helkamp moved to authorize the appropriate City staff to enter into an agreement with General Security Services Corporation for 5 additional "officer down" warning signals to be installed in the new police building for an amount not to exceed $2971.34 with the money coming from the police building contingency fund. (Motion carried under the Consent Agenda). Lehman/He1kamp offered Ordinance No. 665, An Ordinance Adopting The Minnesota State Fire Code By Amending Section 10.35 Of The City Code, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the May 20, 2003 Shakopee City Council Page -15- LehmanlHelkamp offered Resolution No. 5895, A Resolution Of The City Of Shakopee, Minnesota, Accepting A $1,500 Donation Prom The Shakopee Jaycees And A $1,500 Donation from Wal-Mart. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the purchase and installation of personal file drawers in the personnel lockers at the new police facility for a cost not to exceed $10,600. (Motion carried under the Consent Agenda). Mr. Loney reported on the request to reconstruct Weinandt Acres 1 st Addition streets in 2003 rather than 2004. At the May 6, 2003 City Council meeting Harry Weinandt addressed the Council regarding the condition of the streets in the Weinandt 1st Addition and asked that these streets be reconstructed in 2003 rather than in 2004. Mr. Loney noted that looking at Mr. Weinandt's request and the need for a public hearing process and the special assessments process for the reconstruction of that road it would be very difficult if not impossible to reconstruct the streets in Weinandt Acres 1 st Addition in 2003. Mr. Loney recommended that the petition be received from Mr. Harry Weinandt and the residents in Weinandt Acres I st Addition. He noted that one of the residents of Weinandt 1st Addition wrote a letter dated May 6th opposing the project and wanting to make sure that the public hearing process was undergone. Mr. Loney recommended the streets in Weinandt Acres I sl addition not be reconstructed in 2003 but to consider this reconstruction in the 2004 Capital Improvement Program (CIP). Cncl. Link noted that it was just not the road being reconstructed that needed to done but the drainage problems really needed to be looked at with a feasibility study. There was a problem out there. Mr. Loney agreed. Cncl. Link would like to see this issue tabled and the City Administrator, City Attorney, City Engineer, Mr. Weinandt and the Boldt's/Welch's legal counsel sit down and try to resolve this drainage issue; fixing the drainage problem would help with the streets in Weinandt Acres 1st addition. Cnc1. Lehman asked if it was premature to do a feasibility study now. Mr. Loney addressed this question. Lehman/Link moved to receive the request from Weinandt Acres 1 st Addition residents on the reconstruction of the streets in the 2003 construction season and deny the request. Motion carried unanimously. Cncl. Lehman directed the City Administrator, City Attorney, City Engineer, Mr. Weinandt and the Boldt's/Welch's legal counsel to sit down to start looking at how this road in Weinandt acres 1 st addition could be fixed. Official Proceedings of the May 20, 2003 Shakopee City Council Page -16- Lehman/Helkamp moved to authorize the purchase of two Cab and Chassis' from Boyer Sterling Trucks for the cost of$105,632 and also moved to authorize the purchase of boxes, hoists, sanders plows and mountings from J-Craft, Inc. for the cost of 104,491.10 with the total cost of purchase being $201,123.10 (Motion carried under the Consent Agenda). Mr. Loney reported on the Shakopee Public Utilities grading permit application for the grading associated for a future water reservoir located at the intersection of CSAH 18 and 16, and also for the grading for the service center site located off of Viking Steel Road. Mr. Loney noted that the grading would take place on the water reservoir site and Shakopee Public Utilities want to take the excess fill and haul it to their service center site on Viking Steel Road south of the Union Pacific Railroad. Because of the significant amount of material (approximately 50,000 yards) that would be leaving the grading site and the trees that would be felled, Mr. Loney wanted everyone aware of the grading permit. He noted there was quite a landscaping plan for this site when the grading was competed. He stated the site would be lowered quite a bit because of all of the material leaving the site. Mr. Loney noted there were two water storage tanks (each 2.5 million gallons) to be constructed on the water reservoir site. Mr. Loney noted that staff would be requiring conditions stating what roads the material could be hauled on, designating as much as possible on County Roads. Mr. Leek noted there were some drainage and utility easements on the site and when the Planning staff reviewed the grading permit a condition would be attached stating Shakopee Public Utilities needed to follow through with the City and vacate these easements. LehmanlHelkamp moved to authorize Plehal Blacktopping, Inc. to install an asphalt trail in Hiawatha Park at an amount not to exceed $9,740. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5892, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Shakopee Athletic Fields On 17th Avenue For Roadway, Grading, Parking Lot And Irrigation Improvements, Project 2003-5 and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney gave an Update ofthe Huber Park grading. Mr. Loney noted that a Conditional Use Permit (CUP) had been received by the City for the filling of Huber Park as required by ordinance and permission has been received from the DNR to fill up to the elevation of 723 feet. The purpose of the memo was to inform everyone that the site was ready to start receiving fill. The current plan was looking to fill up to approximately 719 feet (this would require bringing in 50 to 60 thousand yards of material) to try and get the site for the future band shell out of the floodplain. Mr. Loney noted there were come contractors that were interested in bringing excess fill to the site and he may need to work fast when these requests came in. He was making a recommendation at this time that Fillmore Street or Bluff Street be used to bring the excess fill into Huber Park. He stated that Fillmore Street would need to be dust coated and erosion control measures would also need to be provided. Official Proceedings of the May 20, 2003 Shakopee City Council Page -17- Cncl. Helkamp preferred that Fillmore Street be used and stay off Bluff Avenue. Cncl. Link discussed the Huber Park parking options. Cncl. Link was concerned if a parking lot was given up so Scott County HRA could develop a piece of land near Huber Park; then the parking conditions would be critical downtown. The City needed to build parking lots downtown and he was wondering if the HRA was going to contribute to build these parking lots. Cncl. Link wanted to see some numbers. Mr. McNeill responded to these questions. Mr. McNeill stated that if the Council expected the HRA to replace the parking on a space-by-space basis (when the lot was underutilized to begin with) he needed direction on that now. Mayor Mars directed Mr. McNeill to see if the HRA would be interested in a cost sharing agreement for a parking lot. LehmanlHelkamp moved to authorize the distribution of the revision to the AUAR for Valley Green Corporate Center for Review and comment per Minnesota Rules. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to accept Paul Cherrier's resignation with regret, and authorize the Shakopee Police Civil Service Commission to begin the testing process for the position of Community Service Officer. (Motion carried under the Consent Agenda). LehmanlHelkamp moved to approve the Officers of the Shakopee Fire Department to work with Scott County Personnel Department to advertise and recruit applicants for the position of firefighter with the City of Shakopee. (Motion carried under the Consent Agenda). Cncl. Joos noted that he preferred staff to review the revised AUAR for the Ryan Properties and then provide the Council members with a synopsis of the review. Mr. Leek responded to this request. Mayor Mars noted that developers were taking more and more staff time and perhaps some of this time needed to be charged. Mr. Leek would follow-up on this suggestion. Mayor Mars thought this should be looked at. It was noted that a letter had been sent to downtown property owners regarding the Comprehensive Plan Update. Cncl. Lehman would like to see this letter sent to property owners that may have property that would be rezoned in the downtown area. These letters would also be available for the public at City Hall. Cncl. Link noted that he had been approached by residents regarding parking problems on 10th Avenue and Naumkeag Street. Mayor Mars directed the Police and the Public Works Department to follow-up on these complaints regarding the sight lines. Official Proceedings of the May 20, 2003 Shakopee City Council Page -18- Joos/Link moved to adjourn to Tuesday, June 3, 2003 at 7:00 p.m. The meeting adjourned at 11:19 p.m. Motion carried 5-0. ~J . C;6 ~th S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 3, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. Joos/He1kamp moved to approve the Agenda as written. Motion carried 5-0. Mayor Mars reported that on May 29,2003, he and Mr. Mc Neill, City Administrator, attended the annual meeting of the Association of Metropolitan Municipalities. Mayor Mars noted that he had been appointed to that Board of Directors, at that meeting, for a two-year term. Mayor Mars noted he was interviewed On June 2, 2003 by a Spanish newspaper based in Hopkins. The topic addressed was Shakopee and the diversification within the town. Mayor Mars noted that on June 4, 2003 he was going to meet with Susan McDonald, Regional Affairs and Policy Liaison for Senator Norm Coleman to talk about some issues that may affect Scott County. Mayor Mars also noted that on June 4th there was a joint City Council and School Board meeting at 5:45 at the School District Offices. On June 5th there would be a meeting ofthe Scott County Alliance for Leadership and Efficiency. It was noted by the Mayor that the City Council workshop scheduled on June 10th had a 6:00 start time and that it would be held in the Scott County Board room. Mayor Mars noted that the League of Minnesota Cities Meeting would be coming up on June 18- 20. Mayor Mars noted he planned on attending this meeting for one day. Mayor Mars reported that the DNR had a matching grant program for funding trees for up to $15,000 for local units of government to support forestry programs. He thought this might be something the City could be interested in. The following items were added to the Consent Agenda. 14.A. Rezoning request from Plowshares Development for property located south ofHwy 169, east of Independence Drive and King Avenue and north of 18th Avenue and 15.A.2 New Police Department Building - Video Cabling. Lehman/Link moved to approve the Consent Agenda as amended. Motion carried 5-0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Lehman/Link moved to approve the meeting minutes for May 6, 2003. (Motion carried under the Consent Agenda). Official Proceedings of the June 3, 2003 Shakopee City Council Page -2- Lehman/Link moved to approve the bills in the amount of$311,568.79 plus $44,559.12 for refunds, returns and pass through for a total of$356,127.91. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Cncl. Lehman noted he attended the joint meeting of the Park and Recreation Advisory Board (PRAB) and their task force. The task force had been charged to look at a citizen survey; their recommendation would be coming forth on June 10. Because the previous PRAB meeting was held the same night as the Shakopee Board of Review, of which Cncl. Lehman was on, he stated he was unable to attend that PRAB meeting. He did state he did have a report from the director regarding that meeting and he would make a copy for each Council member and include it in their packet. Cncl. Lehman also noted that he attended the Vision Shakopee meeting and the size ofthe etching on the sign was talked about. Vision Shakopee had come up with a way to fix the size lettering on the sign eventually. Cncl. Lehman noted that Vision Shakopee was looking at putting a website together and linking it with various entities around the community. The Special Service District properties that had multiple Pill numbers were discussed along with fees and the legal ramifications of charging these fees. Cncl. Lin1( noted he attended the Shakopee Public Utilities Commission (SPUC) meeting. The meeting focused on the new water connection charge because there were a number of builders that attended the meeting. No action was taken at this time, by SPUC, however. The main concern was that the new amount for the water connection charge was retroactive. Cncl. Link noted there had been a meeting to try and resolve some of the drainage issues out in the Weinandt Acres area with the Welch's and the Boldt's, City staff and others. Cncl. Link thanked City staff for trying to get this drainage issue resolved. Cncl. Helkamp noted he attended a Chamber of Commerce meeting. He stated he fielded a few questions regarding the Comprehensive Plan Update. Cncl Helkamp also noted he attended a Scott County Transit Review Board meeting and he noted the bylaws were approved and officers were elected for this new Board. The Board went on a bus tour all over Scott County to see various transit facilities. Transit activities throughout the County were trying to be coordinated by this Board for better efficiency and better quality. Helkamp/Link moved to recess at 7: 15 p.m. for the purpose of conducting the Economic Development Authority meeting. Motion carried 5-0. Mayor Mars re-convened the City Council meeting at 7 :31 p.m. Official Proceedings of the June 3, 2003 Shakopee City Council Page -3- Lehman/Link offered Ordinance No. 669, 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 Highway 169, East Of King Avenue And North Of 18th Avenue From Agricultural Preservation (AG) Zone To Medium Density Residential (R2) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to direct the appropriate City officials to enter into a contract awarding the police building-cabling work for telecommunications and computer needs to FS Tech, for the amount of $34,544.30, plus, $1,579 for video cabling as stated in the memo on the table (15.A.2), from the police department contingency fund. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize staff to purchase the new playground equipment from Midwest Playscapes, Inc. at a cost not to exceed $49,065.62 with funding allocation from the Park Reserve Fund. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5896, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of Southbridge Crossing East First Addition, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to allow the concurrent submission and review ofthe proposed preliminary and final plat for the re-platting of Valley Park Twelfth Addition. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5894, A Resolution Of The City Of Shako pee, Minnesota Approving The Final Plat Of Southbridge Crossings Third Addition, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize staff to contract with Duke's Sewer Root Control Specialists for the price of $37,250 for sanitary sewer root control, with the payment to be expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director and City/Engineer, reported on the parking control signage regarding 10th Avenue and Naumkeag Street and 10th Avenue and Shawmut Street. Mr. Loney noted this was a concern of the Councils because people were parking on loth Avenue and the sightlines at the intersections ofNaumkeag and loth Avenue and Shawmut Street and 10th A venue were affected. This problem primary happened when Sunday worship services were held at the Russian Baptist Church located on 10th A venue. Mr. Loney noted two studies had been done on these two intersections using two different methods. The first method was the City Code requirement for site triangles on this type street and the second method used was per the Mn/DOT Road Design Manual for site distance and turning movements. It was noted by Mr. Loney that the MnlDOT Road Design Manual was a very conservative method for determining Official Proceedings of the June 3, 2003 Shakopee City Council Page -4- sight distances. Mr. Loney noted essentially the MnDOT method wiped out all parking on 10th Avenue between Naumkeag Street to Shawmut Street and even further west. The triangle extension method (per City Code) was used and a fairly reasonable standard was determined. Mr. Loney recommended "no parking" signs from 120 feet west ofNaumkeag Street west curb line to 70 feet east ofNaumkeag Street curb line and 120 feet west of Shawmut street west curb line to 70 feet east ofShawmut Street east curb line. This sti111eft approximately 190 feet to park in between Naumkeag Street and Shawmut Street on Tenth A venue. This should provide the necessary safety, noted Mr. Loney. Lehman/Helkamp moved to direct staff to install "no parking" signs on 10th Avenue from 120 feet west ofNaumkeag Street west curb line to 70 feet east ofNaumkeag Street east curb line and 120 feet west of Shawmut Street west curb line to 70 feet east of Shawmut Street east curb line. Motion carried unanimously. Mr. McNeill, City Administrator, reported on the Developers Agreement with the Scott County HRA for the proposed Northridge Court Apartments development. Mr. McNeill noted the recommendation that the Economic Development Authority (EDA) was making to the City Council was to approve the execution and delivery of a Development Agreement between the Scott County Housing and Redevelopment Authority, City of Shakopee and the EDA. Mr. McNeill noted the Development Agreement had been approved by the EDA earlier tonight. Joos/Helkamp offered Resolution No. 5897, A Resolution Approving The Execution And Delivery Of A Development Agreement With The Scott County Housing And Redevelopment Authority, and moved its adoption. Mayor Mars thought this was a good opportunity for the City of Shakopee and Scott County HRA to partner together. Cncl. Lehman noted the Development Agreement had been changed three times and the liability to the City was lessened each time. Cncl. Link thought this project was a good fit for the subject site with what the City was looking at doing with the 1st Avenue corridor and the City realized additional parking. Motion carried unanimously. Lehman/Link offered Ordinance No. 670, Fourth Series An Ordinance Of The City Of Shako pee, Minnesota Amending Chapter 6, Section 640, Massage Centers And Saunas And Section 6.41, Massage Therapist License, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to establish a workshop meeting to discuss the 2004-2008 Capital Improvements Program document, to begin at 7:00 p.m. Monday June 30t\ with a follow-up meeting, if needed, for 7:00 p.m. on Monday, July 14th. (Motion carried under the Consent Agenda). Official Proceedings of the June 3, 2003 Shakopee City Council Page -5- LehmanlLink moved to direct the appropriate City Officials to enter into a five-year contract awarding the INET locating work to Access Communications, for the amount of$23,900/year, which the City was responsible for $1,912 (8%) for 2003 with annual inflation adjustments for the subsequent four years from the Telecommunications Fund. (Motion carried under the Consent Agenda). Lehman/Link moved to adopt the agenda items to be discussed at the June 10th Workshop meeting as follows: A. Concerns about multiple unrelated people living in single-family dwelling units; B. Discussion of recommendations regarding the parks survey; C. Consideration ofFY04 budget instructions and schedule. (Motion carried under the Consent Agenda). Cncl. Lehman had a few Council concerns. These were the school fees, moratorium and the 2:00 a.m. bar closing. Cnc1. Lehman wanted to know if these school fees could or could not be imposed on building permits? Mr. Thomson, City Attorney, followed up on this question and noted he did not think the City could impose this school fee (legislation would be needed). Cncl. Lehman questioned the moratorium. He noted there had a been a lot oftalk about a moratorium but if the City did a moratorium there would be an impact to the budget because of the City's reliance on development fees. However, the growth of the City impacted the level of service to all the residents. Mr. McNeill noted the Council would have to make decisions regarding this issue at budget time. Mayor Mars noted that on June 10th the City Finance Director, Gregg V oxland, would have some answers as to where the City was with all the budget cuts and what money the City would have to operate with. Cnc1. Lehman was also concerned about the 2 a.m. bar closing hours. He would like staff to research surrounding communities. Cncl. Link was concerned about the City treating their wetlands and ponds for mosquitoes possibly infected with the West Nile disease. Mr. Loney noted the wetlands were treated but he would follow-up on the ponds and report back to the Council. Lehman/Link moved to adjourn to Wednesday, June 4, 2003 at 5:45 p.m. at the School District Offices. The meeting adjourned at 7:51 p.m. Motion carried 5-0. ~}.11c Carole Hedlund ity Clerk Recording Secretary