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HomeMy WebLinkAbout7. Approval of Minutes: December 21, 2004 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SlUU(OPEE,NUNNESOTA DECEMBER 21, 2004 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Menden,Lehman, Helkamp and Joos 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; Mark Themig, Park, Recreation and Facilities Director and Dan Hughes, Police Chief. The pledge of allegiance was recited. Joos/Helkamp moved to approve the Agenda as written. Motion carried S-O. Mayor Schmitt stated there was a quarterly meeting between the City and School District where mutual issues were reviewed. He noted there was also a meeting at the Community Center with the School District and St. Francis Regional Medical Center to come up with partnership , possibilities for the expansion and use of the Shakopee Community Center. Mayor Schmitt also stated there was a meeting with Scott County Alliance For Leadership and Efficiency (SCALE) regarding strategy that would be used on issues with the legislators representing the cities in Scott County. The following items were added to the Consent Agenda. 14.A. Text Amendment to City Code regarding Temporary Signs and 14 B. Text Amendment to City Code regarding Building Wall Signage in the B-1 Zone. The following items were deleted from the Consent Agenda. 15.A.l. Sports Associations Agreement Revisions - Soccer and Hockey and IS.FA. Currency Exchange License Renewal- Game Cash, Inc. Lehman/Joos moved to approve the Consent Agenda as modified. It was noted that consent item lS.E. 1 was approved under the Consent Agenda with the additional Resolution No. 6167 that had been placed on the table along with Resolutions Nos. 6158 and 6160 that were in the Councilors packets. Motion carried 5-0. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. Mr. Arvid Sornberger approached the podium and stated that Michael Jolmson, Television Production Specialist for the City's Public Access Channel No. 16 (cable access) did win the distinguished award from the State Special Olympics Board for his production of the Special Olympics Bowling Tournament held at Louisville Lanes in Jackson Township. Mr. Sorenberger noted this award would be presented January 22,2005 at the Marriott Hotel. Official Proceedings of the December 21, 2004 Shakopee City Council Page -2- Helkamp/Menden moved to approve the meeting Minutes for November 3, 2004 with the correction to the minutes on page one, paragraph 10 noting that it was Cncl Helkamp who was the motion maker. Motion carried 4-0 with Cncl. Lehman abstaining because he had not been in attendance. LelunanlMenden moved to approve the meeting minutes for November 16,2004. Motion carried 4-0 with Cncl. Helkamp abstaining because he had not been in attendance. LehmanlMenden moved to approve the meeting minutes for November 23. 2004. Motion carried 4-0 with Cncl. Helkamp abstaining because he had not been in attendance. Lehman/Menden moved to approve the meeting minutes for December 6, 2004. Motion carried 4-0 with Cncl. Helkamp abstaining because he had not been in attendance. Lehman/Joos moved to approve the bills in the amount of $547,922.55 plus $203,103.92 for refunds, returns and pass through for a total of$751,026A7. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. HelkamplLehman moved to open the public hearing on the 2004/05 tax levy mid budget. Motion carried 5-0. Gregg V oxland, Finance Director, noted that a special public hearing was held on December 6, 2004 for the tax levy and budget and noted no public comment was given. Mr. V oxland noted that the impact of the tax levy amount set by the Council and certified to Scott County on September 15, 2004 and used to prepare the resident's initial property tax statements had been reduced by about one-third. He noted that Council had directed him to lower the tax levy and this was done through the budget process. Mayor Schmitt called for audience participation on the budget for 2005and the tax levy for 2004 payable in 2005. There was none. Helkamp/Joos moved to close the public hearing. Motion carried 5-0. Lehman/Helkamp offered Resolution No. 6161, A Resolution Setting 2004 Tax Levy, and Collectible in 2005, and moved its adoption. Motion carried 5-0. Helkamp/Joos offered Resolution No. 6162, A Resolution Adopting the 2005 Budget, and moved its adoption. Motion carried 5~O. Mayor Schmitt noted there was a communication from School District No. 720. In this communication, Mr. Jon McBroom, Superintendent of Shakopee Schools, acknowledged the , ..-... . Official Proceedings of the December 21, 2004 Shakopee City Council Page -3- work done by the City and others in getting the infrastructure improvements for 17th Avenue, County Road 77 and County Road 79 to the point they are at. Mr. McBroom stated that the School District believed it was to everyone's benefit that all these public improvements be done at one time because of the cost benefits for such a massive project. Cnc1. Lehman noted he attended a task force meeting on the improvements and expansion to the community center and he also attended a Heritage Preservation/AdHoc Citizen Task Force meeting. He noted this group would like to be on the Council's agenda for the second meeting in January. Cnc1. Menden noted he also attended the task force meeting on the improvements and expansion to the community center, as well as attending a School Board meeting and an Environmental Advisory Committee (EAC) meeting. He noted there was interest at the School Board meeting to update the joint powers agreements between the School District and the City of Shakopee for the shared athletic facilities. He noted the EAC at their meeting took a look at the proposed development on the east end of town. Cnc1. Joos stated he attended a Shakopee Public Utilities (SPUC) meeting as well as attending the lighting of the tree in downtown Shakopee. He noted SPUC went over their Capital Improvement Program (CIP) and SPUC's CIP coordinated well with the City's CIP. Lehman/Joos offered Ordinance No. 718, Fourth Series, An Ordinance Of The City Of Shakopee, Mhmesota, Amending Chapter 11.70, Signs, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlJoos offered Ordinance No. 716, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Sec. 11.70, Subd. 8, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlJoos offered Ordinance No. 717, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Zoning Land Generally Located South OfSTH 169 And East OfCSAH 15 To Urban Residential (R-IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Ms. Sherry Dvorak, Recreation Supervisor, noted there were revisions in the existing Sports Agreement between the Sports Association and the City. She stated the revisions were more specific to the Soccer and Hockey Associations. Ms. Dvorak noted some of the specific changes. Mayor Schmitt asked that there be public notification of the Sports Associations meetings to all participants as well as specific notice be given to Park and Recreation of these meetings. LehmanlHelkamp moved to adopt the revised Agreement for Youth Sports Association Affiliation with the City of Shakopee and to adopt the Agreement for Shakopee Youth Hockey Official Proceedings of the December 21, 2004 Shakopee City Council Page -4- Association Affiliation with the City of Shakopee, noting that paragraph 2.g. in the Agreements includes that all participants be notified of the meeting. Motion carried 5-0. Mr. Themig, Park, Recreation and Facilities Director, reported on the Quarry Reuse Project Use Agreement with the Prior Lake Water Ski Association (pL WSA). Mr. Themig outlined who had what and what could be done according to the Use Agreement with the PL WSA. Mr. Themig did state that the PL WSA was responsible for 50% of the funding for the public access to the site and he noted that the PL WSA agreed to do the grant writing for this site. Mr. Themig stated the funding issue was key throughout the negotiation process. He also stated the City had the right to determine when the public roadway/access would be put in. Mr. Themig noted some of the rights as well as some of the obligations that the PL WSA had and some of the rights and obligations of the City included in this use agreement. Mr. Themig noted one of the conditions in the Quarry Reuse Project Use Agreement was that the PL WSA change their name and just today he received a call that the PL WSA was not comfortable with the condition as it is in the use agreement because the name change as stipulated would affect the non profit status of the water ski association. Mr. Beneke from the PL WSA discussed this problem with the Council and they both agreed that using a dba status was fine. The Council was after the word Shakopee being used and the PL WSA had no problem using that word in some form. Cncl. Helkamp wanted a statement inserted in the use agreement stating that the PL WSA would be responsible for all pollution caused by the use of motorized boats. Jim Thompson, City Attorney, noted that this could be done. The only persons allowed motorized boats on the site was the PL WSA. Mr. Beneke noted that if the Council wanted to re-address the length of term or time the PL WSA had in the use agreement that could be done. They were amenable to a change. encl. Joos questioned the storage of materials on the site. It was noted that the boats would be stored inside but the Use Agreement did allow year round storage - but the storage would be screened. Helkamp/Joos moved to authorize the appropriate City officials to execute the City of Shakopee and Prior Lake Water-ski Association Quarry Lake Use Agreement. Motion carried 5-0. Mr. Themig reported on the Aggregate Quarry Reuse Purchase. Agreement with the City of Shakopee and Aggregate Industries. It was noted that this was a conveyance ofland between the two entities. The land size was 111.42 acres. The sale was termed a bargain sale which was a combination of money and donation. Mr. Themig gave an overview of the site. Official Proceedings of the December 21,2004 Shakopee City Council Page -5- Mr. Themig noted some of the conditions of the sale. Some of the conditions were: 1) clean up ofthe site, 2) easements (both ways) and licenses and 3) a use agreement with the PL WSA. Mr. Themig noted that the City only had guaranteed access to the site for five years (access could be up to ten years but the guarantee was only for five years), but he was optimistic that partners could be found to help fund the public access/roadway to the site before the site was landlocked. There was no money in the Parks and Recreation CIP for this access thru the year 2009. It was the use of the rail spur that was necessitating the change in the length of thne of the guaranteed access for the City. It was for a future rail spur that the City needed to give an easement for. Mr. Themig noted that the City had looked at loss control issues with its insurer and the City's consultant and their comments had been incorporated into the purchase agreement. Mr. Themig noted what some of the comments were. There was also much discussion during the negotiation process regarding hazardous substances possibly reaching the soil. Mr. Themig noted there was a hold harmless clause for the City in the purchase agreement regarding hazardous substances. A letter of credit would be required for the general cleanup of the site because of the weather at this time. The clean up was to be done before six months were up. There was discussion on the.Phase 2 environmental report that would become available on December 24, 2005. It was decided that if there were any issues regarding the phase 2 report that two councilors should be contacted in hopes they could come to some resolution so the sale of the site to the City would not be put on hold (the closing needed to take place by December 31, 2004). Mr. Themig noted there would be two modifications to the final purchase agreement. These modifications were: 1) the legal needed to be changed [the County would not accept the present legal therefore a minor subdivision was being worked on for the legal- the County would accept the minor subdivision] and 2) the survey would then need to be changed to reflect the minor subdivision. Mr. Leek, Community Development Director, noted that the minor subdivision would be done in time for the closing. Lehman/Joos moved to authorize the execution of the purchase agreement, easements, and licenses with Aggregate Industries for the certain tract of unimproved real property located at 6869 County Road 101, conditioned on the City receiving satisfactory Phase 2 environmental assessments result and to appoint Cncls. Helkamp and Menden to be contacts for the City regarding the Environmental phase 2 comments and with the modifications regarding the survey and the legal description for the site mentioned by Mr. Themig, Parks, Recreation and Facilities Director. Motion carried 5-0. Mr. Themig reported on the Sports Complex (Soccer) building design and cost estimates. Mr. Themig noted the Sports complex was between SACS and Sunpath Elementary along 17th A venue. This sports complex was being proposed as a seasonal building; thus, it had no heat. The cost estimate for the building Wlls now at $425,000. Mr. Themig noted the Park And Official Proceedings of the December 21, 2004 Shakopee City Council Page -6- Recreation Advisory Board (pRAB) looked at cost reductions for this sports complex and the cost was lowered albeit insignificantly. The PRAB looked at heating the building so the building could be used year round but the PRAB in the end decided not to heat the building. Mr. Themig noted that the firm ofBKV was the project architects and they designed the sports complex with two separate buildings and a canopy between the two buildings. He noted many considerations had been taken into account with the building design. The roof on the buildings and on the structure between the buildings was curved. Mr. Themig noted that there had been a neighborhood meeting but that meeting was not well attended. Mr. Themig explained the design of the building and some of the materials proposed. Mr. Themig noted there was no insulation proposed to be in the building so if the Council wanted to heat this facility in the future the insulation really needed to be put in now. Mayor Schmitt stated he would like to see the ceilings insulated. Mr. Themig noted he would follow-up on this suggestion and he thought it could be done rather inexpensively. Mr. Themig noted there were three reasons why this cost estimate was slightly higher than estimated initially. These reasons were: 1) pull outs around the trails for ADA compliance, 2) other ADA modifications and 3) fencing needed to be installed around the stormwater ponds. Helkamp/Lehman moved to proceed ahead with the proposed design, and moved to authorize construction documents. and bidding for the 17th Avenue Sports Complex building. Motion carried 5-0. Mr. Themig reported to the Mayor and the Council that he had been trying to get the current phase of the Sports Complex park (irrigation and landscaping) completed for sometime but he was not having much success. He had done at least four walks of the site with the contractor and when the contractor would come back to the site with the punch list, he would only do one item at a time. Mr. Themig noted he had spoken with Mr. Loney, Public Works Director/City Engineer, as to what options he had for the final notice to the contractor that he get the work done. Mayor Schmitt stated he would like an update from Mr. Themig at the January 4, 2005 Council meeting regarding this situation. If need be, the contractor could be invited to the meeting. Cnc1. Joos noted that Mr. Thomson, City Attorney, would help Mr. Themig draft the letter to the contractor. A recess was taken at 8:30 p.m. Mayor Schmitt re-convened the meeting at 8:38 p.m. Mr. Themig reported on the phasing and cost estimates for Huber Park construction. As the phasing was proposed now the construction of the Huber Park would be done first, the Official Proceedings of the December 21, 2004 Shakopee City Council Page -7- community playground construction beginning in the fall and then the riverbank stabilization would be done the fall of2006. Stuart Krahn, with Bonestroo, Rosene, Anderlik & Associates, architects for the project, described the phasing of the park improvements and the riverbank stabilization. He also noted that more fill would need to be brought to the building pad sites for some of Huber Park amenities. He noted the elevation first proposed was just fine but that elevation level had not been achieved at some of the building pad sites within the park. He noted there would be separate contracts with the contractor for fiII and the actual park construction. He noted that design work for the riverbank stabilization would be going on while Huber Park was being constructed. He noted the timeline that he proposed for the construction of Huber Park and the riverbank stabilization. Mr. Krahn noted the riverbank was eroding by approximately one foot peryear. Mr. Krahn noted there were alternative ways for the riverbank stabilization. However, the method of stabilization he was proposing was the most cost effective for this area and would provide the most protection from erosion. Mr. Themig noted the initial cost estimate for Huber Park was $2.9 million and now that figure was at $3.3 million. He stated much of the cost increase was due to the overlooks on the trails. The higher cost of the overlooks was because of more bedrock than initially thought. Mr. Themig noted several ways of possibly reducing the cost. Cnc1. Lehman would like to find some alternative funding for the riverbank stabilization; this park was costing more than he was willing to commit to. He did not think the money for the riverbank stabilization should come out of park funds. It was noted that the riverbank stabilization that had been done after the new sewer was constructed in 2003/04 had already been washed away. Mr. Loney addressed this situation and noted that this stabilization was put in only as a temporary fix. Mr. Krahn stated that the watershed district had a 501 plan for riverbank stabilization and when the watershed district looked at the plan they expressed to Mr. Krahn that he bring this plan back before them when it was finalized; it was anticipated that there would be some funding help. It was not known how much. Most of the watershed districts grants were between $25,000 and $200,000. Cncl. Helkamp stated that staff needed to find out if the stabilization eould be done first or did Huber Park need to be there so there was something that the riverbank needed to be stabilized for. Cncl. Menden stated that he would like to see the riverbank stabilization before the Park if that was possible. Cncl. Joos was of the opinion that the money needed to be found someplace because this project needed to keep moving forward, especially the riverbank stabilization. Council was of the opinion that it was more important to do the riverbank stabilization in phase one rather than have it be phase two in the construction phasing. It was thought maybe the community park committee could keep on their schedule because the City would only need to put in the roadway and one parking lot for the community park to be useful. The second parking lot could wait and the roadway would be on a higher elevation. Cncl. Helkamp suggested the Community Park Official Proceedings of the December 21, 2004 Shakopee City Council ! Page -8- , committee be contacted tb see if they had all the funding for the actual park; maybe they would I like to wait. ! I i Helkamp/Lehman moved to direct staff to seek alternative funding for the riverbank stabilization and for the riverbank stabilization to playa priority role in the development of Huber Park and to stretch the phasing of the construction of Huber Park out over several years and seek alternative funding for it, if there w~re any avenues to pursue for the park funding. Cncl. Lehman would like to see the cost for the entire length of the riverbank to be stabilized and the cost for just the park portion proposed for riverbank stabilization. Motion carried 5-0. Mr. Themig reported on ~e Shutrop property acquisition funding plan. Mr. Themig gave an overview of the uses and reuses the City was looking at for the Shutrop property. Some of the potential uses included: ~) sale of some property for residential uses, 2) sale to Scott County for right-of-way for County Road 21,3) Pike Lake Trail connection to County Road 21, 4) Fire Station on the east end of town, 5) Park land, 6) Greenway and wildlife corridor and 7) preservation of some Bhlff area and wetlands. Mr. Themig noted that it was his opinion that most of this area would be developed within the next two years. Mr. Themig highlighted some of the potential funding sources for this possible land acquisition. The cost of the land acquisition (103 acres) was $6.375 million. Mr. Themig came up with funding sources but a short fall near $1 million remained. The Shutrops wanted the City to acquire this property thrU a friendly condemnation process. This allowed tax benefits to the Shutrops and the City could get the land at a lower cost to them. The Council was not comfortable with some of the potential funding sources nor were they comfortable with floating the County's share of right-of-way for County Road 21 (County has a shortfall problem). There was discussion on the use of park dedication fees that were not yet collected at the time of the sale and other neighborhood parks that adjacent development may need. Cncls. Menden and Joos were not comfortable with the City buying property and then selling some of the land to a developer. Cncl. Helkamp was okay with selling to a developer but he would like the City to advertise the property for sale so all developers had an opportunity to buy the land. Mr. Thomson, City Attorney, noted that the portion of the property that the developer was going to buy would be conveyed to the developer simultaneously when the City closed on the property with the Shutrops. encl. Lehman noted since the Shutops were the owners of the property, at this time, they selected this developer as the developer they wanted to work with. Cne!. Lehman noted there were many benefits to the City to own this property (i.e. trail connections, saving of Bluffs, conservations areas). He stated he would support the acquisition. Mr. Themig stated that he thought money could be found in the CIP to support this project. The Huber Park construction may need to be phased over a longer period but the riverbank stabilization was what he heard the Council wanted to do initially, anyway. There may also be a need for a temporary internal loan and this could be done. Official Proceedings of the December 21, 2004 Shakopee City Council Page -9- Cncl. Helkamp stated he was okay with proceeding with the purchase and he was okay selling land to the developer. Cncl. Menden noted he too was fme selling land to the developer because this was what was needed as one funding source and having the park out weighed selli11g land to the developer in his mind. Cncl. Joos stated he was okay selling to the developer, tins time, because tIns sale was good for the City as a whole but he did not want to see the City in the land business and he did not want this to become a policy with the City. He stated he did need to know upfront where the funds were going to come from. Cncl. Lehman stated he supported this purchase. The City would benefit from many of the unique features of this site. Cncl. Lehman had worked and talked with the Shutrops and he was comfortable with this acquisition. Mayor Schmitt was comfortable with the acquisition but the City needed to work on the shortfall and ways to acquire the land. Helkamp/Lehman moved to authorize City staff to proceed with the acquisition of the Shutrop property and research additional ways to reduce the shortfall and bring back some funding alternatives. Motion carried 5-0. Mr. Themig stated he would like to go back and update the Capital Improvement Program (CIP) Funding because of the decisions made tonight and then he would come back before the Council on January 4,2005 with an update on the 2005 Park and Recreation CIP. Helkamp/Lehman moved to have the Parks, Recreation and Facilities Director come back to the January 4, 2005 Council meeting and give an update on the Capital Improvement Program (CIP) Funding as it pertained to park projects. Motion carried 5-0. A recess was taken at 9:50 p.m. Mayor Schmitt re-convened the meeting at 10:04 p.m. Mr. Loney, Public Works Director/City Engineer, updated the Council on the design of 1 th A venue from County Road 15 to County Road 79 in conjunction with the proposed Countryside development and the Independent School District #720 new high school plan. He stated the City was also going to look at what improvements would be needed for County Road 77 and County Road 79 for these projects at this time. He noted a series of meetings had been held at the School District offices with county staff, Shakopee Public Utilities staff (SPUC), City staff, the City's consultant and Tollefson Development to coordinate all of the improvements to the roadways in and proposed for this area. Mr. Loney highlighted the roadway improvements that were looked at. He stated the design for l7th A venue is complete now. The design was very similar to 17th A venue to the east of this area. The cost estimate for 17th Avenue is about $3 million. There will be a cost sharing agreement for 17th A venue. The proposed cost share for the City is $380,000; $1,800,000 for Tollefson Development and $845,000 for Scott County. He did state that Scott County was having Official Proceedings of the December 21, 2004 Shakopee City Council Page -10- problems funding their roads. The county informed Mr. Loney that the best they thought they could do for the 17th Avenue project was $350,000 over a three-year period. Mr. Loney noted some way to float the County's portion would need to be looked at so this.project would work. Mr. Loney stated County Road 79 would be providing some access to the new high school for . the School District. He noted there was also a regional trail that led up to, over and from the pedestrian bridge on the west side of County Road 79 over STH 169. He noted three alternatives were looked at for improvements to County Road 79. These alternatives were: 1) a rural section, 2) a half rural and half urban section and 3) an all urban section. He noted County Road 79 may be reconstructed in some areas and just widened and overlayed in other areas. It was decided to build the ultimate improvements at this time so volume pricing could be used for all these roadway projects. The cost estimate for County Road 79 was about $1.2 million with the City's share about $150,000; $527,000 for the County; $300,000 for the School District and $200,000 for Countryside development. Mr. Loney stated also what had been looked at for County Road 77. He noted one section would be an urban section. He stated what an urban section would be like. He stated County Road 77 was a County Road at this time but is slated to be turned back to the City. He stated this road would function like a local collector street (similar to Valley View Road) and would be widened, curb and guttered and overlayed. It was noted by Mr. Loney the City's cost share would be about $120,000; the School Districts share would be about $186,000 and Countryside Development would be responsible for about $390,000. Mr. Loney stated this project cost was in the capital improvement program (CIP) at $700,000 that amOtmt was just over the City's share of the cost estimate for this massive project. Mr. Loney did state that he looked at the Capital Improvement Fund and he thought were a few projects that could be delayed this year for one reason or another. He thought money could be moved around in the Capital Improvement Fund to make these projects work. He noted the City would be looking at doing reimbursement agreements with Tollefson Development and the School District for this massive project. Mr. Loney noted there would be some substantial savings using the volume pricing. Mr. Loney did note that he thought there would be a traffic signal at County Road 79 and 17th A venue some day. He noted there would be stop signs on County Road 77 and 17th Avenue. encl. Lelnnan wanted Mr. Loney to check into why the County could not fund their portion of county roads yet; they seemed to have money to purchase parkland. He thought transportation issues should take priority over recreation issues. Cncl. Lehman wanted this comment incorporated into the City's comments on the County's CIP project comment sheet. Official Proceedings of the December 21, 2004 Shakopee City Council Page -11- Cncl. Menden stated, in his opinion, it would be bad judgment on the City's part to have Countryside development in and a new school put in and not improve County Road 77 and County Road 79 now. Hedliked the direction Mr. Loney-was going on this massive project. Mr. Loney noted he planned on bringing back a request for WSB and Associates, Inc. to do final design on this massive project and to get a reimbursement agreement with Tollefson Development for this design from WSB and Associates, Inc. Mr. Loney stated County Road 79 and County Road 77 were the County's jurisdiction and it was the County's call as to when stoplights would be needed and put in. It was noted a four way stop for eight lanes of traffic at the intersection of 17th Avenue and County Road 79 probably would not work very well. Mr. Loney noted the County would need to be worked with on this intersection. Cncl. Helkamp would like the loop sensors put in the road right away. Mayor Schmitt felt once the high school was put in and open, it would not take long to meet the County's warrants and a stop light would need to be put in. Helkamp/Menden moved to direct staff to prepare an extension agreement with WSB & Associates, Inc. for work on the final design for 17th A venue, County Road 79 and County Road 77 and to prepare cost sharing agreements between the City,. School District #720 and the Countryside Developer. Mr. Wollschlager, Tollefson Development, asked that Mr. Loney be given direction to work with Tollefson Development and the School District. It was noted this had been done. Motion can'ied 5-0. Lehman/Joos moved to authorize the appropriate City officials to execute the pipeline easements for Parcel 35, Parcel 50, Parcel 51 and Parcel 52, as shown on Mn/DOT right-of-way plats with a $46,000 payment by Excel Energy to the City. (Motion carried under the Consent Agenda). Mr. Loney reported on the water management plan from Scott County. Mr. Loney noted Scott County has taken over the water management for the County except for the watershed districts and Shakopee has some of these districts within the City. Mr. Loney noted an area of Shako pee and much of the annexation area and areas west of County Road 83 are in the water management plan (WMO). He noted this plan was adopted on February 4,2004 and the City has two years to update their plan to come into compliance with Scott County's. Mr. Loney noted there now was a set of rules that was part of the County's plan. He noted the City had an opportunity to comment on these rules. He noted the Environmental Advisory Committee (EAC) and the Planning Commission might have some areas of concern. Mr. Loney noted staff had put together some comments and there were some areas staff felt needed clarification. He stated this water management plan was very costly for the City. Official Proceedings of the December 21, 2004 Shakopee City Council Page -12- Cncl. Lehman noted the review process and timeline of the County for their WMO comment period did not allow time for the local elected officials to offer input, due process time to put this - - docwnent before various appointed Boards, it was an unfunded mandate and another level of ----- - ~ bureaucracy where there is already water control. He noted the County's WMO plan was more restrictive than the State WMO. He did agree with City staffs comments. Cncl. Menden noted he too agreed with staff s comments. Mr. Leek, Community Development Director, noted that on some of the City's stormwater management plans the County would still review them even without this WMO plan. Mr. Leek felt this was the County's way to control local land use decisions. The City's stormwater management plan was part of the City's Comprehensive Plan and that comprehensive plan needed the approval of the Metropolitan Council not the County. He too had some concerns. Cncl. Lehman noted if Scott Cow1ty was the governing WMO body why did the City need to send the storm water management plan to the State with the City's Comprehensive Plan. Mr. Leek addressed this question. He noted the authority for the comprehensive planning in the seven county area was a statutory authority in a section of State law. Cnc1. Joos stated this WMO Plan was far from leadership and far from efficiency and yet the County was involved with SCALE (Scott County Alliance for Leadership and Efficiency). Mayor Schmitt was concerned with the City's water management right being taken away from the City and the County taking that right. Mr. Loney addressed this statement. Mr. Loney noted that the three cities of Prior Lake, Savage and Shakopee felt their water management plans were very good and these plans had been in place for awhile. They did need some updating. Menden/Helkamp moved to direct staff to send comments on the Scott County WMO Rules as they are now proposed and Cncl. Helkamp added with comments and modifications made by Council tonight. These modifications regarded: 1) the review process and timeline of the County not allowing time for the local elected officials to offer input, 2) not sufficient timefor due process to put this document before various appointed Boards, 3) an unfunded mandate, 4) another level of bureaucracy where there is already water control, 5) this issue needed to be taken to the SCALE meeting and 6) the impacts this mandate has on all of the County need to be looked at. Motion carried 5-0. Chief Hughes reported on the off street parking south of 10th Street off V an Bmen Street. He noted My. Lee had been issued a citation and Mr. Lee would like to speak to the Council. Official Proceedings of the December 21, 2004 Shako pee City Council Page -13- Mr. Robin Lee, duplex owner at 10th Avenue and Van Buren Street, approached the podium to address the surface on which vehicles may be parked on when they were parked off the street. ...._- He noted the ordinance was interpreted differently now than it was last yeat'(if was noted the -,....... ordinance had been revised). He stated the City requested that this building be built years ago per the zoning requirement back then and he felt the City had some obligation to take care of some of this duplex needs because they requested that this duplex be built. (Mayor Schmitt stated this building was allowed not requested). There were eight vehicles there and this was rental property. He did not feel asphalt parking for eight vehicles would be appropriate for the area. He thought it would be overbearing. He would like this issue dealt with on a permanent basis or at least a time extension to a better time of season (smmner 2005) to do this work properly. Mr. Lee explained the property and parking locations. Cncl. Joos noted the reason the City had this ordinance. Mr. Leek explained some ofthe particulars of this ordinance. The Council gave Mr. Lee a possible solution to this parking problem that did not include any resurfacing. Cncl. Helkamp was in favor of Mr. Leek and Mr. Lee working together with this new information to see if some resolution of this parking problem was now possible with rearranging the cars and use of garage. If not then they should come back to Council for further discussion on this parking situation. Mr. McNeill, City Administrator, reported on the Bradley & Guzzetta proposal (B&G) to temporarily support the Telecommunications Commission. He noted the length of the contract had been reduced from 12 months to four months and there were a couple of other items eliminated (City staff could do these). The overall cost of this proposal for the four months was just a little over $13,000. Cnc1. Lehman was concerned with some of the oversight that B& G would be doing. Cncl. Helkamp felt resources should be focused on the replacement person that the City needed to hire. He stated he was not comfortable with this arrangement at all. Helkamp/Lehman moved to deny a four-month agreement with Bradley and Guzzetta for transitional telecommunications consulting services. Cncl. Lehman noted he could agree with this proposal as long as it was spelled out what tasks the consultant would be asked to do. He also thought staff needed to look at what was going to be done long-term. Cncl. Menden noted the City needed to focus on a replacement person but one of the tasks of this consulting firm was to transition and with the term of the contract shorter and a smaller scope of services, he was more comfortable with this proposal than the first proposal. encl. Menden did state there really was need by the Telecommunications Commission for some Official Proceedings of the December 21, 2004 Shakopee City Council Page -14- support now. Cncl. Joos agreed with Cncl. Menden and Cncl. Helkamp. He saw both sides, but he too agreed that the Telecommunications Commission needed to get up and running again. ,Mayor Schmitt noted the IT staff was so loaded with other tasks that they could not be of much support to the Telecommunications Commission and technical support was not the only support the Telecommunications Commission needed. Mayor Schmitt noted at this point the Council needed to do what was best for the City. The City needed some more personnel. Motion failed 1-4 with Cncl. Lehman, Joos, Menden and Mayor Schmitt dissenting. Joos/Menden moved to direct the appropriate City officials to enter into a four-month agreement with Bradley and Guzzetta for transitional telecommunications consulting services. Cncl. Lehman stated he would like to know exactly what the consultant would be responsible for. Mr. Mc Neill explained some ofthe scope of work of the consultant. Mr. McNeill noted he would talk with the Telecommunications Commission and the consultant and come back with a bullet list of things to be accomplished. The duties of this consultant were further explored. Mayor Schmitt noted Mr. McNeill did not need to do the follow-up bullet list. Councilor Menden moved to limit the debate. Motion carried 5-0 Motion carried 3-2 on the main motion with Cncl. Helkamp and Lehman dissenting. Mr. Loney reported on the issuance of Valley Creek Crossing building permits. Mr. Loney stated there was no representative of the developer at the meeting so he requested that this item be tabled until after the first of the year. Lehman/Menden moved to table the issue regarding the issuance of Valley Creek Crossing building permits until after the first of the year. Motion carried 4-1 with Cncl. Helkamp dissenting. Lehman/Joos offered Resolution No. 6158, A Resolution Of The City Of Shakopee, Minnesota, . Amending Resolution No. 4213, Adopting A personnel Handbook, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 6160, A Resolution To Establish And Administer A Health Care Savings Plan With The Minnesota State Retirement System, and moved its adoption. (Motion carried under the Consent Agenda). LehmanlJoos offered Resolution No. 6167, A Resolution Amending Resolution No. 5626 Which Adopted The Post Employment Health Plan For Public Employees (PEHP) For The Employees Of The City Of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the December 21, 2004 Shakopee City Council Page -15- Mr. Mc Neill reported on the Deputy Police Chief position. He noted Jerry Poole, current Deputy Police Chief would now like to resign effective January 4, 2005. Mr. McNeill noted ~,~~-" ~'-- there was issue-with the sick leave balance for Deputy Chief Poole.. This issue was discussed ,,' ....-=-_....4-:':..::;: with Deputy Chief Poole and it was decided how this sick leave balance should be handled. Other issues were discussed with Deputy Chief Poole and resolutions to those issues were determined. Helkamp/Lehman moved to accept with regret the resignation of Deputy Police Chief, Jerry Poole, effective January 4, 2005, and authorized the sick leave balance of960 holli's for purposes of severance benefits. This was really a retirement not a resignation. Motion carried 5-0. Mr. McNeill discussed the three current vacant positions for City staff. These are: 1) GIS technician in the GIS Department, 2) Assistant to the City Administrator [vacant since September] and 3) Economic Development Coordinator. Mr. McNeill noted these three positions were funded by a variety of funding sources. Mr. McNeill noted the GIS technical person was for the growing part of the City and should stay fully funded (planning and engineering departments). Mr. McNeill noted there was questions as to how the Assistant to the City Administrator and the Economic Development Coordinator (EDA) should be structured. Perhaps the EDA Coordinator could become a half-time position depending on what the Council wanted the job to be, or some of the elements could be combined with the Assistant to the City Administrator's position. The Assistant to the City Administrator could work on special projects and cable television administration support (day to day.direction and Telecommunications Commission follow-up). Mr. McNeill noted the City was lacking someone to do communications for them (website updating, Home Town Messenger, brochures, news release). Mr. McNeill thought a half -time person may be sufficient for this position right now. He stated the City was also weak in the Human Resources area. There was a payroll benefits coordinator's position but the areas the City needed help in would take more time than what could be handled by the payroll benefits coordinator along with the duties she already had. This Human Resources position could possibly be a shared position with some other City. Mr. McNeill noted some possible funding sources for the positions he suggested and the money that would probably be saved because it would take time to get all these people that are needed on board. There was discussion on the application process. Cnc1. Helkamp stated he was fine with the GIS proposal. He stated he was in favor of having the Assistant to the City Administrator be a special projects manager and responsible for the EDA position. He thought this was a great opportunity to streamline government some. As far as the communication specialist was concerned he was not ready to commit to that half-time position until he saw what the Assistant to the City Administrator could do. Perhaps they could take care of that half-time communications position with the Assistant'to the City Administrator's position. Cncl. Helkamp was all for the shared Human Resources position. Official Proceedings of the December 21, 2004 Shakopee City Council Page -l6- Cncl. Joos felt the Assistant to the City Administrator's position along with the EDA position and also communication responsibilities was more than one person could handle. As a growing community there were~some things that just needed to -be--done. The City did not want to miss any opportunities for additional businesses to move to Shakopee. Cncl. Joos was of the opinion that who ever did the Assistant to the City Administrator and the EDA would not have the technical capabilities to do the communications aspect too. He did like the idea of the shared Human Resources person. He suggested that perhaps the communications specialist could possibly be a share person also. Cncl. Menden stated he thought the City was taking the Assistant to the City Administrator position and basically doing double duty with that position. . He did not think it was very likely that a person would have the qualifications to do bothjobs (Assistant to the City Administrator and EDA Coordinator). Mr. McNeill responded that this combination was not uncommon. Cncl. Lehman stated he liked Mr. McNeill's proposal "as is". Mayor Schmitt stated he would like to see the Assistant to the City Administrator have a weighting in EDA knowledge. For someone to learn the EDA position from the ground up was not the best thing for the City. The City needed to be marketed and he explained why. He stated he was in agreement with the proposal from Mr. McNeill but it needed to be recognized that this Assistant to the City AdministratorlEDA person would have quite a full plate coming in. He was willing to go along with the proposal for starters but he would push for the EDA person to do some marketing for the City and this might necessitate a full time EDA position. Mr. McNeill asked ifthere was consensus to go along with the proposal as presented. Cncl. Helkamp stated he still had concerns regarding the cOlmnunications specialist. He wanted to see what the new Assistant to the City Administrator could do before he committed to hiring another part-time person. Mayor Schmitt noted the City had no one to manage the website and City staff did not have time to do it and there were other pieces that went along with the communication specialist (press releases). Lehman/Joos moved to direct staffto put together job descriptions, get appropriate valuations from the pay consultant, and bring these positions back to the Council for discussion. Motion carried 4-1 with Cncl. Helkamp dissenting. Lehman/Joos moved to approve the application and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel Pawn, 450 West First Avenue. (Motion carried under the Consent Agenda). Official Proceedings of the December 21, 2004 Shakopee City Council Page -17- Lehman/Joos moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Pearson, DRM LLC of Shakopee, dba Excel Pawn, 450 West 1 st Avenue. (Motion carried under-the Consent Agenda). Lehman/Joos moved to approve the application and grant a Pawnshop License to Pawn Xchange LLC, 1133 Canterbury Road. (Motion carried lmder the Consent Agenda). Lehman/Joos moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Smith and Sherri Marzano, Pawn Xchange LLC, 1133 Canterbury Road. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the applications and grant a Tattoo License to Linda Malone, Body Art, 205 South Lewis Street, and to Susan Prince, Center for Permanent Cosmetics, 287 South Marschall Road, contingent upon meeting all licensing requirements. (Motion carried under the Consent Agenda). Lelunan/Joos moved to approve the application and grant a Taxicab License to Oscar Salas, Shakopee Taxi, contingent upon meeti11g all licensing requirements. (Motion carried under the Consent Agenda). Mayor Schmitt stated he was concerned about the renewal of the currency exchange.license for Game Cash, Inc. He was concerned about the paperwork being correct after January 1,2005. It was noted that the license would no longer be valid after the first of the year and the.applicant would not be allowed to operate without an approved license. Mayor Schmitt felt if the applicant did not have a valid license and his paperwork was not in order with the State the City should not approve granting one when the paper work was not complete. The City should wait until the paperwork was complete and then approve the license. Ms. Judith S. Cox, City Clerk, stated her understanding of how the currency exchange license process worked. She was of the opinion that the State wanted to know if the City was okay with issuing a license if Game Cash, Inc. did get their paperwork in order. Ms. Cox stated this item could be tabled if the Council was more comfortable doing that until the City heard everything was in order. Mayor Schmitt thought it should be tabled until the January 4, 2005 meeting. Helkamp/Menden moved to table the currency exchange license renewal for Game Cash Inc. until the January 4, 2005 meeting. Motion carried 5-0. Lehman/Joos offered Resolution No. 6166, A Resolution Amending Resolution No. 5989, A Resolution Adopting The 2004 Budget, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the December 21, 2004 Shakopee City Council Page -18- Lehman/Joos moved to approve the renewal of the workers compensation with the League of Cities Insurance Trust for a deposit premium of $174,742. (Motion carried under the Consent Agenda). .........--.._-...;:::.- Lehman/Joos moved to authorize the appropriate City officials to enter into an agreement to utilize US Bank for corporate custody services. (Motion carried under the Consent Agenda). Cnc1. Menden stated he would like to address "managing growth" at the workshop to be set after the first of the year for discussing goals. The definitions pertaining to growth needed to be agreed upon. He would like staff to look at three possible ways that the Council could use to discuss limiting growth at this workshop. Mr. Leek addressed this growth definition. Helkamp/Lehman moved to adjourn to Tuesday, January 4, 2005 at 7:00 p.m. The meeting was adjourned at 11 :58 p.m. Motion carried 5-0. fr~:'~ City Clerk Carole Hedlund Recording Secretary