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HomeMy WebLinkAbout7. Approval of Minutes: April 08, 15, and 29, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 14,2003 Mayor Mars called the meeting to order at 5:30 p.m. with Council members Lehman (5:32), Link, Joos and Helkamp present. Also present for the Planning Commission were: Deb Amundson, Mike Willard, Gayl Madigan and Ryan Magin. Also present for the Environmental Advisory Committee were: Charley Kubler, Steve Menden (6:08) and Kathy Gerlach. Also present for the Economic Development Advisory Committee was Barbara Felber. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator and Mark McQuillan, Natural Resources Director. Mr. Leek introduced Deb Garross, representing Northwest Associated Consultants (NAC). Mr. Leek noted that he and NAC were looking for a consensus on any requested revisions that should be made before it went out for more public review. If the discussion on the document was concluded tonight, Mr. Leek noted he was looking for consensus that public open houses and a public hearing should be called. Deb Garross, representing Northwest Associated Consultants (NAC), stated that the two districts to be looked at tonight were the Marshall A venue District (north of lOth A venue and down to 1 st Avenue) and the West End/Jackson Tovmship District (expanded and now very large). Ms. Garross noted that many meetings were held with the public regarding this matter and NAC had many various issues cited from the public to incorporate into a plan. In explaining the Marschall A venue District, Ms. Garross noted that this district was relatively recently developed compared to the other three historic districts. Most of the business and multi- family in the area have been developed within the last 20-30 years. Because of the "newness" this was probably the last district to need redevelopment. The major factors of the Marschall Avenue District are: 1) the relocation of the Shakopee Public Utilities building out of the district to elsewhere in the City, and 2) the potential relocation of the City Hall site within this district [this relocation could provide positive attributes for this district]. The document prepared by NAC was proposing that there be sidewalk connections to other businesses as well as multi-family in the area and some architectural features should be repeated with in the district. Some concerns that were identified were: 1) traffic along Marschall Avenue, 2) the 4th Street and Marschall Ave intersection, 3) congestion at 169 and Marschall Avenue, 4) the railroad tracks on the north side of this district, 5) relating the south side of the tracks to the north side of the tracks [the tracks were a distinct dividing line], 6) existing auto dealers [these could possibly move out for higher visibility along the Hwy 169 corridor] and 7) possible new auto dealerships in the area. The commercial district was relatively new with a mix of some offices and some hospitality uses, The medium and high density seen on the north end as well as the south end Official Proceedings of the April 14, 2003 Shakopee City Council Page -2- was seen as a positive for the providing of market support for this district. Ms, Garross was suggesting infill development for this district [adjacent to the district, as well as within the district]. Ms. Garross did note if the auto dealerships did relocate, this would provide a great opportunity for redevelopment for a large section of land with very good frontage. Ms. Garross addressed some possible boundary changes for the various districts. Ms. Garross noted NAC put together a land use plan for this district after public comments were taken, and this plan did not have a lot of changes from the existing Comprehensive Plan for this area with the exception of a couple of points. Ms. Garross noted that the commercial area was contemporary in design, as well as the multi-family and single-family. She stated there was not an architectural feature repeated in the area but there was the possibility that this could happen. She suggested some setback changes as well as building orientation changes, streetscape and landscaping. She noted this was not a pedestrian friendly area. Mr. Leek pointed out that there were a significant number of trails and sidewalks in this area; he thought it was the crossing of the significant intersections that was the problem. Ms. Garross identified some of the changes proposed: 1) current existing gas station/ convenience store and car wash [re-guide medium residential] and 2) possibly a church location [semi-public use]. Cncl. Lehman and Helkamp and Mayor Mars felt the gas station/convenience store and car wash served the high density in the area quite well. There was consensus by the Council that the gas station/convenience store and car wash at the intersection of 4th Avenue and Marschall Road should be retained as a neighborhood service area. The intersection at 4th Street and Marschall Avenue was discussed. Cncl. Joos agreed that 4th and Marschall was not a good intersection. Cncl. Link stated that the County under designed this intersection at the time itwas designed. Mr. Leek addressed the timing of the lights. It was thought the timing ofthe lights would only help the situation, not fix the problem. Ms, Garross discussed the land use of the church if the church sold the building. She noted this was a new development. Cncl. Helkamp stated continuing with the commercial consolidation theme, he felt the land use should be medium residential. Mr, Leek addressed the use of this land. Ms, Garross noted that in the plan for this district, as in most of the districts, there was quite a bit of medium and high density residential. There was also the clustering of the commercial into more distinct nodes and infilling. Ms. Garross was anxious to hear how the Council felt about the density. She was looking for feedback from the workshop. She stated that if the City wanted to retain commercial on the intersection of 4th and Marschall, there was as much justification for that as there was to change the re-guiding in that specific area. Official Proceedings of the April 14, 2003 Shakopee City Council Page -3- Commissioner Willard thought there was a quite a bit of high density in this area already. It was felt by NAC that people needed to be brought back into the older areas along Marschall Avenue to give some economic lift to the commercial. Commissioner Willard would like the medium and high density dispersed throughout the City. Ms. Garross stated she felt the infill sites along Marschall A venue would fill in when the better sites were no longer available. Mr. Leek concurred with this assessment. Mr. Leek addressed the park issue in this district. He noted there certainly was not land available large enough for a community park, but developers could perhaps find room for small parks. Mayor Mars noted that this plan was not final; there would still be open houses and public hearings by the Planning Commission where more changes could be made. Ms. Garross stated regarding the West End District, the district has been expanded quite extensively. She noted the West End District was bordered on one side by the Minnesota River with a large area being flood plain. She noted there was current development within Jackson Township along Hwy 169 that was industrial in nature, some residential uses as you move further to the south in Jackson Township and some mobile home parks along Hwy 69. Some issues were: 1) revitalizing the Town Square Mall or change the land use, 2) the interchange ofHwy 169/69,3) MnDOT's desire for a maintenance garage in the west end district [this could be a negotiating tool- it could help in the long run], 4) free standing mix of commercial and industrial entities in the City as well as Jackson Township [land use as well as transportation improvements could help this situation]. Ms. Garross stated this 169/69 interchange would be the major focal point ofthis district because what goes in for an interchange would drive what should/could happen to much of the area. Ms. Garross stated that for the land use plan and circulation plan NAC worked under the assumption that there would be a full interchange at 169/69. NAC envisioned the expansion of the industrial area to be along the southerly side ofthe Hwy 169 corridor and possibly a business park along the northerly side of the Hwy 169 corridor. The industrial potential was maximized because the need to expand the industrial area was seen in a market study that was done for the area. Ms. Garross noted that the City was changing their view of MnDOT' s desire for a maintenance garage in the west end district. Ms, Garross noted the expansion of Vierling Drive would be important to the West End District, as well as the expansion of lOth A venue along the highway as a frontage road so some circulation could be improved and the diamond interchange at 69/169. These transportation changes are needed for the viability of the east end of the West End District just as well as for the viability of the Town Square Mall. There were also issues regarding 17\h A venue. Ms, Garross noted that Official Proceedings of the April 14, 2003 Shakopee City Council Page -4- the alignment of 17th Avenue had not been selected yet out in the West End District. Mr. Leek addressed the alignment issue of 17th A venue. It was stated that jogs and tees should be avoided if at all possible with 17th A venue. Ms. Garross noted there were issues that needed to be dealt with regarding the bluff line, also. NAC felt that the Town Square Mall should be retained as a commercial site. Because of the change in traffic patterns the use at the mall had switched from being more of a regional type use to a neighborhood-oriented use stated Ms. Garross. Ms. Garross stated with improvements to the infrastructure and streets (Vierling Drive and 10lil Street], and a full interchange at 69/169 NAC felt this West End/Jackson Township District could become viable again. Ms. Garross noted that Rahr Malting was in this district and Rahr Malting was looking at possible expansion. The housing along the bluffline was addressed and the Council would like this area looked at because of the rock in the area and the interplay for buffering the residential from the industrial. Cncl. Joos noted there were other resources in the area and the Council needed to be cognizant of these additional resources when making decisions. Mayor Mars addressed the commercial out in Jackson Township off of Marystown Road and stretching to the west. It was noted the smaller area was for neighborhood commercial out in this area and closer to 69/169 would be a higher commercial area. Cncl. Joos questioned if the area on Marystown Road was too large for neighborhood commercial but too small for commercial once Vierling Drive was opened up. Mr. Leek addressed this question. Ms. Garross noted she would follow-up on this question. Ms. Garross noted it was decided to leave this area commercial rather than have some kind of residential because of all the infrastructure in the area, Mayor Mars again noted there would be open houses and public hearings by the Planning Commission where more changes could be made. Mayor Mars noted that within this plan that was being done by NAC, through open houses and taking public comment, was part of the transportation plan and the natural resources plan for the City. Mayor Mars recommended that part of the document from NAC go through the EAC, the Park and Recreation Board (PRAB) and the Planning Commission and then come back to the City Council with/for comments after open houses were held and public comment taken, thereby getting direct feedback from the Boards and residents. After all of this a public hearing at the Planning Commission level would be held, Mayor Mars noted the various Boards were to look at just the natural resources. Official Proceedings of the April 14, 2003 Shakopee City Council Page -5- Helkamp/Link moved to adjourn to Tuesday April 15, 2003 at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 6:55 p.m. ~d.Pf' [th s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 15, 2003 Acting Mayor Joos called the meeting to order at 7:00 p.m, with Council members Lehman, Link, and Helkamp present. Absent: Mayor Mars. 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; Mark Themig, Facilities and Recreation Director; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator, Tracy Schaefer, Assistant to the City Administrator; and Jerry Poole, Deputy Police Chief. Acting Mayor Jaos open the City Council meeting with a moment of silence for Delores Lebens, former Mayor of the City of Shakopee. Ms. Lebens also served on the Shakopee Park and Recreation Board. The pledge of allegiance was recited. The following item was deleted from the Agenda. Item no. 15.C.3 Change Order for the New Police Station. Lehman/Link moved to approve the Agenda as amended. Motion carried 4-0. The following items were added to the Consent Agenda. 15.A.4 Final Plat of Riverside Grove 2nd Addition, located Nand E of County State Aid Highway 18 and 15.B.3 Engineering Consultant Selection Process. Lehman/Helkamp moved to approve the Consent Agenda as amended. The following item was deleted from the Consent Agenda. Item No, 15.B.3 Engineering Consultant Selection Process. Motion carried 4-0. Acting Mayor Joos 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/Helkamp moved to approve the meeting minutes for March 4, 2003, (Motion carried under the Consent Agenda), Lehman/Helkamp moved to approve the bills in the amount of$445,571.71 plus $378,974.97 for refunds, returns and pass through for a total of$833,546.68. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval. Official Proceedings of the April 15,2003 Shakopee City Council Page -2- Acting Mayor Joos opened the public hearing on the Vierling Drive Improvements, from Sage Lane to County State Aid Highway 17, Project No. 2002-5. Cnc1. Helkamp removed himself from discussion and voting on this issue, Mr. Loney, Public Works Director/City Engineer, reported on the public hearing for the Vierling Drive assessments and improvements. Mr. Loney noted the main improvements were for the traffic signal at Heather Street and Vierling Drive and the left in/right out movement intersection at Tasha Boulevard and Vierling Drive. Mr. Loney noted these improvements were to help traffic along Vierling Drive, especially in and out of the Crossroads Center and Boulder Ridge. Mr. Loney noted the project cost came in at $222,728.91. Mr. Loney stated that these costs came in below the feasibility report figures. Originally, Mr. Loney anticipated assessing the commercial properties of the Crossroads Center and Boulder Ridge 100 per-cent of the cost of the assessments. Mr. Loney pointed out that the assessment method used to calculate the assessments was based on trip generation of the traffic that used the commercial property. Mr. Loney noted written communications had been received from some of the commercial properties objecting to the high assessments and the benefit being only to the commercial properties. Mr. Loney stated that there were verbal objections to the assessments at a previous public hearing, therefore, a meeting was held with the City Attorney, City traffic consultant and City staff along with the attorney representing the commercial properties and the property manager of Crossroads Center. Mr. Loney noted after ~eeting with the City Attorney and the City's traffic consultant, it was decided that a 20% reduction of the assessments would be fair, Mr. Loney noted that with this reduction the cost of the assessments for the traffic signal for Crossroads Center and Boulder Ridge would be $178,183.13. This would bring the cost of this signal in line with other recently installed signals; the other costs, approximately $35,000 for the left in/right out would be a City cost. Mr. Loney stated that the 20 percent reduction of assessments has been agreed upon by the commercial property owners as stated in the letter dated April 15, 2003 and signed by Gregory D. Soule, Attorney with Best and Flanagan, LLP. Mr. Soule stated in his letter that if Council did adopt the assessments with the 20 percent reduction calculation, then, the objections to the assessments would be formally withdrawn tonight. Mr. Loney also pointed out that a 6,5% interest rate had incorrectly been figured into the assessments originally, The interest rate should be 5%, This 5% interest rate is reflected correctly along with a 20% reduction to the commercial properties assessments in Resolution No. 5878. Mr. Loney stated that the $45,000 reduction in assessments would come out of the C.I.P. Fund, Acting Mayor Joos called for audience participation, There was no response. Official Proceedings of the April 15, 2003 Shakopee City Council Page -3- Link/Lehman moved to close the public hearing. Motion carried 3-0 with Cncl, Helkamp abstaining. Link/Lehman offered Resolution No. 5878, A Resolution Adopting Assessments For Vierling Drive, From Sage Lane To County State Aid Highway 17 Project No. 2002-5, and moved its adoption. Motion carried 3-0 with Cncl. Helkamp abstaining. Cncl. Link reported that he, Cncl. Lehman and Mr. McNeill met with the members of the Fire Department at Fire Station No. 50 and presented a list of all the things that needed to be done to bring the current station up to code and to fix up some of the other work. Mr, McNeill noted that it appeared some of the expensive fixes for ADA requirements (accessibility issues) would not need to be done because the building would be used only temporarily. Mr. McNeill noted when all the figures were in, this matter would come before the Council again to authorize the expenditure. It did appear that this remodeling would come within budget. Cncl. Lehman gave a report on the Park and Recreation Advisory Board meeting (PRAB). He noted a couple of plats were reviewed and the future use of the room, now occupied by the Library, was talked about. Cncl. Lehman also reported on the Vision Shakopee meeting. He noted Vision Shakopee hired a very part-time multi-task person. The focus of that meeting was on the upcoming banquet. He noted Vision Shakopee discussed the 69/169 access as a group for the first time. Cncl. Lehman noted that he felt Vision Shakopee was going to make a group statement regarding the 69/169 interchange and its need for the downtown area. Cncl. Joos noted he attended the Vision Shakopee banquet and thought it was done very well. Cncl. Joos stated that the Quilt Shop in the renovated Old Depot in downtown Shakopee was one of the top ten quilt shops in the country, Cncl. Joos also reported on the School Board Meeting. He noted there was a Facilities Task Force forming and he noted where an application could be gained for anyone interested in applying to be on this task force. Cncl. Joos stated that the School Board did extend a new contract to Superintendent, Jon McBroom. Acting Mayor Joos recessed the City Council meeting at 7:24 p.m. for the purpose of conducting the Economic Development Authority meeting. Acting Mayor Joos re-convened the City Council meeting at 8:15 p.m. Lehman/Helkamp moved to award the City Council Chamber single chip camera system replacement and upgrade to EP A in the amount of $75,008.22, which includes the DVD ($831. 77) alternate. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Ordinance No, 662, Fourth Series, An Ordinance Amending The 2003 Fee Schedule By Instituting A Fee For The Administration Of The Woodland Management Regulations, and moved its adoption, (Motion carried under the Consent Agenda), Official Proceedings of the April 15, 2003 Shakopee City Council Page -4- Lehman/Helkamp offered Resolution No. 5883, A Resolution Of The City of Shako pee, Minnesota Approving The Certificate Of Correction To Plat Of Greenfield, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve extending the approval period for the preliminary plat of Valley Green Corporate Center 151 Addition to June 5, 2005, (Motion carried under the Consent Agenda). LehmanlHelkamp moved to allow Rob Larsen's proposal for preliminary and final plat approval to be reviewed concurrently, on the condition that Council is not bound to approve them at the same time. (Motion carried U11der the Consent Agenda). Lehman/Helkamp offered Resolution No. 5874, A Resolution Of The City Of Shako pee, MiImesota Approving The Final Plat Of Riverside Grove 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda), LehmanlHe1kamp moved to authorize the appropriate City officials to sign Minnesota Housing Finance Agency "Master Disbursement Agreement" and "Master Subordination Agreement and Estoppel Certificate," both for phase 2 of the Boulder Ridge project. (Motion carried under the Consent Agenda). LehmanlHelkamp offered Resolution No, 5873, A Resolution Receiving A Report And Calling A Hearing On An Improvement 2003 Reconstruction Project No. 2003-3, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlHelkamp offered Resolution No. 5880, A Resolution Receiving A Report and Calling A Hearing On An Improvement To Valley View Road, From The East Plat Line Of Pheasant Run 6th Addition To The East Plat Line of Greenfield, Project No, 2003-4, and moved its adoption, (Motion carried under the Consent Agenda). Cncl Link had a question regarding the consultant selection process approval for a firm to work in the City of Shakopee, He noted staff interviewed a number of consulting firms and he was unsure if three or four companies were selected to work in the City and if their contracts were for four years. Mr, Loney addressed these questions. Cncl, Link was unsure if the City wanted to tie a new Council to these consulting firms for four years. Mr, Loney, Public Works Director/City Engineer noted that this concern was covered. LehmanlLink moved to accept the Selection Committees' recommendation and to pre-qualify the firms ofWSB & Associates, Inc., Bonestroo Rosene Anderlik & Associates, Inc. and BDM Consulting Engineers, PLC for work in the City of Shakopee for a four-year period and authorize the City Attorney to prepare contracts for general municipal work in the City of Shakopee. Motion carried 4-0. Official Proceedings of the April 15, 2003 Shako pee City Council Page -5- Mayor Mars entered the Council Chambers at 8:20 p,m. LehmanJHelkamp offered Resolution No. 5881, A Resolution Supporting Legislation To Provide Improved Funding Options For City Street Improvements, and moved its adoption. (Motion carried under the Consent Agenda). LehmanJHelkamp moved the fifty-three (53) bikes (this is less the one stolen bike found and returned to the rightful owner) listed in the memo dated March 23, 2003 from CSO Yzermans to be declared as surplus property and authorize staff to appropriately dispose of these items at an auction. (CC Document No. 335) (Motion carried under the Consent Agenda) LehmanlHelkamp moved to authorize the Mayor, City Administrator, and City Clerk to execute the "Delegation of Authority to Prosecute" document authorizing assistant Scott County attorneys to prosecute criminal matters accruing within the jurisdiction of the City of Shakopee. (Motion carried under the Consent Agenda). Acting Mayor Joos turned the City Council meeting over to Mayor Mars. Mr. Themig, Facilities and Recreation Director, approached the podium to report on and discuss criminal history background checks on volunteers of City programs (there are City programs that require volunteers to work with children). Mr, Themig stated he was basically looking for direction. He noted that he had discussions with the athletic associations and many questions were raised regarding background checks. Mr. Themig gave some background information on how background checks are now conducted by the City. Mr. Themig noted that there was consensus by staff that requiring background checks on volunteers for City programs was a good thing to do. Mr. Themig stated doing these background checks on volunteers for City programs by the Police Department would increase the background checks done by the Police Department by approximately 100 more per year, The costs for the background check would then be assessed against the program participants to cover the cost. (Does not include sports associations at this time.) Mr. Themig noted there was a variety of ways background checks can be handled. Helkamp/Joos moved to direct staffto begin conducting background checks on City volunteers that work with children, and fund the costs associated with these background checks by raising program participate fees. Motion carried 5-0. LehmanlHelkamp offered Resolution No. 5852, A Resolution Adopting HIP AA Changes To The City Of Shakopee Flexible Benefits Plan Thereby Authorizing the Stanton Group To Create A Summary of Material Modification (SMM), and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the April 15, 2003 Shakopee City Council Page -6- Ms. Cox, City Clerk, reported on what she found regarding the limiting of pull-tabs and the prohibiting of pull-tab machines in certain establishments. The Council also wanted to know how the selling of pull-tabs at church festivals would be affected by the proposed changes, Ms. Cox noted the State does not regulate where pull-tabs are sold, but the State does limit the placement of vending machines for the sale of pull-tabs to premises holding a 3.2 percent malt license, wine license, or on-sale intoxicating liquor license. The City Council on April 1 , 2003 directed staff to prepare an ordinance prohibiting the sale of pull-tabs except for premises holding an on-sale liquor license, Ms. Cox stated that the ordinance now prepared by the City Attorney prohibits the sale of pull-tabs in establishments holding 3.2 beer licenses and/or wine licenses, She also noted the ordinance as drafted also contains two exceptions and these exceptions are: 1) when an organization applies for an Exempt Permit and 2) when an organization Applies to Conduct Annual Off Site Gambling fr9m the Minnesota Gambling Control Commission. (This would allow the pull-tabs to be sold at church festivals and the selling of pull-tabs at Derby Days by some organizations), Ms. Cox stated as the ordinance is drafted now the Minnesota Jaycees Charitable Foundation, 2120 West Highway 13, Burnsville, would not be allowed a premises permit allowing pull-tab vending machines at Silvers Cue Club in Shakopee. Helkamp/Link offered Ordinance No. 663, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Adding Subdivision 6 To Section 10.61 Of The City Code Pertaining To Premises Permits For Lawful Gambling, and moved its adoption. Cncl. Joos was not sure pull-tabs should be limited to on-sale intoxicating liquor establishments and Mayor Mars was concerned about the vending machine aspect and the possibility of an unsupervised vending machine. Mark Ewert, Minnesota Jaycees Charitable Foundation, Hopkins, approached the podium and noted vending machines could not be placed in convenience stores according to state law. He also noted other circumstances regarding vending machines, Motion carried 3-2 with Mayor Mars and Cncl. Joos dissenting, Ms. Cox reported on the Premises Permit for the Minnesota Jaycees Charitable Foundation. The Minnesota Jaycees Charitable Foundation wanted this permit so they could install a pull-tab vending machine in Silvers Cue Club, 1141 Canterbury Road, Because of the previous action that the Council just took, Ms, Cox recommended that staffbe directed to prepare a resolution of denial of the Premises Permit for the Minnesota Jaycees Charitable Foundation. Mark Ewert, representing the Minnesota Jaycees Charitable Foundation, noted he would just withdraw the application. Mayor Mars asked Mr. Ewert for a letter dated and signed by the applicant requesting that the application be withdrawn, Official Proceedings of the April 15, 2003 Shakopee City Council Page -7- Ms. Cox noted that a letter from Mr. Craig Ballard, owner of Salon St. John & Spa, was received by the City requesting that the City repeal or significantly revise the City Code relating to massage centers and massage therapists. Mr. Ballard pointed out in this letter that other neighboring cities do not regulate massage therapy and this licensing causes delay in hiring new staff. Also a letter had been received by the City from Cynthia Graves asking that she be allowed to practice therapeutic massage in the community but not in a massage center or within her home as a home occupation, Ms. Graves noted the by-laws of her Condominium Association forbid a home business, Ms. Cox pointed out that the State does not regulate the activities of massage centers, massage therapists or massage chair operators. Ms. Cox also stated that according to the City's City Code massage therapists must also meet certain educational requirements. Ms. Cox surveyed eleven (11) neighboring cities to see how they handled massage centers and massage therapists. Ms. Cox gave a detailed report as to what some other cities required or did not require. Ms. Cox noted that over the years the City Code has been updated regarding massage centers and massage therapists for the City of Shakopee. Ms. Cox stated the fees were also reduced again in 1999. Ms. Cox suggested a couple of things be looked at in the ordinance again; not rewriting the whole ordinance. She noted the few items that had come up over the past few years. Ms. Cox noted that staff recommended the following: 1) massage centers and massage therapists continue to be licensed, 2) City Ordinance be changed to allow massage therapists to perform massage therapy at the patron's place of employment or in their home, 3) continue to conduct the background investigations, 4) no longer require insurance, and 5) no longer limit the number of massage centers to six. Ms, Cox noted staff also recommended that one of the exceptions to City Code, relating to the licensing of Chiropractors, be clarified. Cncl. Helkamp felt that perhaps now was the time to get rid of the ordinance. There was discussion on whether the City should license these businesses or not, the background check requirement, the insurance requirement and whether or not this business should be performed in the home or business of the customer. Deputy Chief Poole, noted th~t the ordinance did protect the consumer and it was noted the ordinance did also serve some public safety benefits, Craig Ballard, owner of Salon St. John & Spa, 1 sl A venue Shakopee, approached the podium and noted to the Council that most cities do not require licensing. He would like to see this licensing requirement abolished or at the very least modified. It was very difficult to follow the ordinance as it was now, especially if an emergency arose, Mr. Ballard would like to be involved with the ordinance changes. Mr. Ballard stated that it was the background checks that created the biggest havoc on his business. Official Proceedings of the April 15, 2003 Shakopee City Council Page -8- CncI. Lehman noted most other'businesses needed to have a license to run a business. Amy Snyder, owner of Knead it or Knot, approached the podium and stated she was a nationally certified massage therapist and she would not like to see the ordinance totally abolished. She noted the integrity of the massage businesses would be hurt by not requiring a license, but the ordinance was very outdated. Ms. Snyder noted there should be educational requirements but that was about it. She stated that the biggest issue to her was to make sure therapists were qualified. She would like to see the playing field leveled. She felt the massage business was being unfairly scrutinized. Mr. Ballard stated education of massage therapists was important. He stated the insurance requirement was a protector of the consumer also. Cncl. Link thought this type business should be studied more before it was voted on, CncI. Joos would like staff take a look at the ordinance, keeping the educational requirement intact and come back before the Council with what kind of fees are needed to verify the educational portion. Lehman/Link moved to table the request to abolish or significantly modify the ordinance regarding massage centers and massage therapists for more information, Motion carried 5-0. Cncl. Helkamp felt this business did not need to be regulated anymore. Cncl. Link would like more information from the Police Department on any problems in the past they had in the City of Shakopee, Mayor Mars felt this type business should still be licensed but he would like that process to be simplified and streamlined in some way. Cnd. Joos would like the educational background verified. Cnc1. Lehman felt there should be a license to have the business, educational requirements, drop the insurance requirement, do background checks on some business people, and there should be the ability for this type business to go to patron's homes and businesses and the fee structure needed to be looked at also. Ms. Cox stated that the City had received a letter dated April 4, 2003 from Linda Malone, Body Art Tattoo, 203 South Lewis Street, requesting that background checks for a tattoo license be eliminated or at least a variance be granted or temporary license while background checks are being conducted. Ms. Cox named several businesses in the City of Shakopee that require investigations for business licenses, Ms. Cox noted that investigations are done for health and safety reasons including the moral character and business reputation of each applicant for license as deemed necessary. Mr. Cox stated that the City Administrator, Chief of Police, Police Sergeant, City Clerk and Deputy City Clerk met to discuss the request of Ms. Malone as well as the continued practice of conducting background investigations for the licenses granted by the City. All parties felt it was in the best interest of the City to continue these background checks and the granting of a Official Proceedings of the April 15, 2003 Shakopee City Council Page -9- temporary license was not looked at favorably. Ms. Cox noted why a background investigation could possibly be delayed. Normally a background check is completed in two or three days. Ms. Cox stated staff was recommending to continue conducting background investigations and not to issue temporary licensing and also to consider applications for licenses prior to completion of the background investigation in order to expedite the licensing process with the understanding that any approval by the Council would be conditioned upon a successful background investigation. Deputy Chief Poole addressed the length of time to conduct a background check. LinklLehman moved to continue background investigations for business licenses and not to issue temporary licenses and to consider applications for tattoo licenses prior to completion of the background investigation in order to expedite the licensing process with the understanding that any approval would be conditioned upon a successful background investigation. Motion carried 5-0. Lehman/Helkamp moved to approve the application and grant a Tattoo License to Timothy Winters, Body Art, 203 South Lewis Street, contingent upon receipt of the required certificate of insurance. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the application and grant an off sale liquor license to MGM Wine & Spirits, Inc. dba MGM Liquor Warehouse, 471 South Marschall Road. (Motion carried under the Consent Agenda), Lehman/Helkamp moved to declare a 1993 Chev Blazer, VIN number 1GNDT13W4P2164565 and a 1995 Ford Crown Victoria VIN number 2FALP71W2SX194593 as surplus property. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 5879, A Resolution Providing For The Issuance And Sale Of $2,260,000 General Obligation Improvement Bonds, Series 2003A, and moved its adoption, (Motion carried under the Consent Agenda). Mr. McNeill reported on the follow-up from the EDA meeting regarding the joint powers agreement for Northridge Court Housing Project, lying north of First A venue and east of Fuller Street extended. Mr. McNeill recommended that Resolution No. 5884 be offered and adopted with the understanding that there was still some information that needed to be provided to the City and that there were no guarantees to the Scott County HRA. Lehman/Link offered Resolution No. 5884, Approving the Execution and Delivery of a Preliminary Joint Powers Agreement with the Scott County Housing and Redevelopment Authority and moved its adoption with the clarification that there were still some issues that Official Proceedings of the April 15, 2003 Shako pee City Council Page -10- needed to be addressed and information that needed to be provided and that there were no guarantees. Motion carried 5-0. Mr. McNeill noted that staff would follow-up on the cost to get parking on one side of Levee Drive along with two-way traffic on Levee Drive, what the signal cost would be for the Fuller Street signal, what the cost of the 39 space parking lot would be, what the worst case scenario annual debt service levy payment would be for the City and what the parking situation would be for the City when Huber Park was built. This would be done before the HRA spent any more money. Mayor Mars noted that he would like to see more than a 6-month reserve. He thought perhaps a year reserve would be sufficient. Mr. McNeill noted that reserve limit would be consistent with what River City Centre has. Motion carried 5-0. LehmanlHelkamp moved to accept the library construction update report dated April 15, 2003. (Motion carried under the Consent Agenda). Mr, McNeill addressed the tour oftwo fire stations and the tour ofthe new police station. The date for the tour was set for Tuesday April 29 at 5:45 p.m. beginning at the new police building. Lehman/Helkamp moved to accept the proposal of C & J Fixture Corporation of Gaylord, Minnesota, to construct the City Hall receptionist work area to meet ADA and functional issues, at a cost of $8,361. (Motion carried under the Consent Agenda). Cncl. Link noted a concern regarding Adams Street at the corner of 4th A venue and 5th A venue. He would like to see the debris picked up by contnictor working at the corner. This would be followed up on. Mayor Mars reported he attended the Vision Shakopee meeting and that it was a very dynamic group. He also met with legislators, Mark Buesgens, Claire Robling, and Michael Beard over in Prior Lake and discussed local government. Mayor Mars noted that on April 8th he testified in front of a committee for Canterbury Park. Mayor Mars and Cncl, Joos went to the League of Minnesota Cities City Day where there was a great briefing on possible impacts that could be coming for our City along with a rally and some speakers, He also met with the legislators representing the City and discussed many issues. Mayor Mars noted that the Shakopee Showcase would take place on April 22, 2003 at 6:00 p.m. Mayor Mars stated why he was late for the City Council meeting, Joos/Lehman moved to adjourn to Tuesday May 6, 2003 at 7:00 p.m. Motion carried unanimously, The meeting adjourned at 9:58 p.m. Official Proceedings of the April 15, 2003 Shakopee City Council Page -11- ~Jer- ~th s. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL MEETING SPECIAL SESSION SHAKOPEE,MINNESOTA APRIL 29, 2003 Mayor Mars called the meeting to order at 5:46 p.m. at the new police building, which was under construction, with Council members Lehman, Joos, Helkamp, and Link (6:15) present. Also present: City Administrator Mark McNeill, Police Chief Dan Hughes, Deputy Police Chief Jerry Poole, Assistant to the City Administrator Tracy Schaefer, MIS Coordinator Kim Henke, Fire Chief Terry Stang, Assistant Fire Chief Terry Link, and Bill Baxley - BKV, Declaration of Surplus Property - So that items being held by the Police Department could be sold at an auction on May 3rd, the Council was asked to declare a list of items as "surplus". Joos/Lelunan moved to approve the equipment listed on a memo dated April 22, 2003, as surplus. Motion carried 4-0. Facility Tours - Joos/Helkamp moved to recess to tour the following facilities: A. Police Building - A tour of the partially constructed police building was led by Baxley and Poole, The tour then reconvened to the Downtown Fire Station. B. Fire Station No, 50 - Councilor Link joined the tour at this point. Terry Stang and Terry Link led the tour, and showed areas in need of renovation, The meeting then reconvened to the Vierling Drive Fire Station. C, Fire Station No. 51 - A tour ofthis facility, and a discussion of equipment was held. There was no business conducted during the tour. Joos/Helkamp moved to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 7:55 p,m. VllcCL W~ ~ Minutes taken by Mark McNeill, City Administrator