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HomeMy WebLinkAbout5.F.2. Approval of Minutes: December 5, 2006, December 11, 2006 and December 19, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 5, 2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Kris Wilson, Assistant City Administrator; Michael Leek, Community Development Director; and Bruce Loney, Public Works Director/City Engineer. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked to add item 13.F.2., Discussion Regarding Short and Long-term Operation and Maintenance of the Park and Ride. Menden/Joos moved to approve the amended agenda. Motion carried 5-0. Mayor Schmitt gave the Mayor's Report. Mayor Schmitt stated that he attended the SCALE's meeting. Mayor Schmitt also attended the grand opening of The U.S. Federal Credit Union at Dean's Lake and the Christmas tree lighting downtown. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda as published. LehmanlMenden moved to approve the Consent Agenda. Motion carried 5-0. LehmanlMenden moved to authorize the purchase of new fitness equipment from: );> 2nd Wind Exercise in the amount of $5,217.44 );> Push Pedal Pull in the amount of $19,483.11 (Motion Carried under the Consent Agenda) Lehman/Menden offered Resolution No. 6542, a ResolutionApproving the Preliminary and Final Plat of Koda Energy Addition, and moved its adoption. (Motion Carried under the Consent Agenda) Lehman/Menden offered Resolution No. 6544, a Resolution Supporting Continued Metropolitan Council Livable Communities Property Tax Levy, and moved its adoption. (Motion Carried under the Consent Agenda) Lehman/Menden moved to authorize staff to provide written documentation to MN/DOT's Office of Freight and Commercial Vehicle Operations on the City's Willingness to fund the local participation in the year the rail safety project is scheduled. (Motion Carried under the Consent Agenda) (CC Document No. 427) LehmanlMenden moved. to restrict parking on both sides of Fuller Street, from 1 st A venue to Levee Drive, and direct staff to implement the necessary signage to restrict parking. (Motion Carried under the Consent Agenda) Official Proceedings of the December 5, 2006 Shakopee City Council Page -2- LehmanlMenden moved to authorize the appropriate City officials to execute the Shakopee Interceptor and Lift Station Transfer Agreement between the City of Shakopee and Metropolitan Council. (Motion Carried under the Consent Agenda) Lehman/Menden moved to authorize the appropriate City officials to enter into the 2007 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $8,400.00. (Motion Carried under the Consent Agenda) LehmanlMenden offered Ordinance No. 773, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City code Chapter 4, Section 4.41, Relating to Alarm Systems, and moved its adoption. (Motion Carried under the Consent Agenda) LehmanlMenden moved to direct the Fire Chief to purchase the Thermal Imaging Camera for the Fire Department from Jefferson Fire & Safety ($9,950.00). (Motion Carried under the Consent Agenda) LehmanlMenden moved to direct the Fire Chief to post for bids for the Self Contained Breathing Apparatus and approve the city's share of the Grant and formerly accept the Grant from the Federal Government. (Motion Carried under the Consent Agenda) LehmanlMenden offered Resolution No. 6543, A Resolution Adopting the 2007 Pay Plan for the Elected Officials and Certain Non-Union Employees of the City of Shako pee, and moved its adoption. (Motion Carried under the Consent Agenda) LehmanlMenden moved to grant Canon Christianson full-time, regular status as a Police Officer. (Motion Carried under the Consent Agenda) LehmanlMenden moved to approve the bills in the amount of$971,735:61. (Motion Carried under the Consent Agenda) LehmanlMenden moved to approve the minutes from October 24, 2006 and November 08, 2006. (Motion Carried under the Consent Agenda) LehmanlMenden moved to authorize the City Clerk to issue tobacco licenses for 2007. (Motion Carried under the Consent Agenda) LehmanlMenden moved to direct staff to advise those individuals whose terms are expiring on the boards and commissions (who have not serviced three consecutive terms) that they are eligible for reappointment. Also, moved to announce that the City will be advertising and accepting applications from Shakopee citizens for boards and commissions beginning in January. Applications may be obtained at the City offices during regular hours, can be mailed if requested, or obtained from the City's web site. (Motion Carried under the Consent Agenda) LehmanlMenden offered Resolution No. 6541, A Resolution Adopting An Investment Policy and Repealing Resolution No. 5220, and moved its adoption. (Motion Carried under the Consent Agenda) Official Proceedings of the December 5, 2006 Shakopee City Council Page -3- Lehman/Menden moved to approve the transfer of $300,000 from the Sewer Fund and $300,000 from the Storm Fund to the Public Works Building Capital Projects Fund. (Motion Carried under the Consent Agenda) Lehman/Menden moved to appoint Mayor John Schmitt as Shakopee's representative to the SCALE Joint Training Facilities Operations Board, and that City Administrator Mark McNeill be appointed as alternate. (Motion Carried under the Consent Agenda) Mayor. Schmitt asked if there was anyone in the audience that wished to address an issue that is not on the agenda. No one responded. Clay/Menden moved to open the public hearing for setting the 2007 Fee Schedule. Motion carried 5-0. Judy Cox presented Council with the 2007 Fee Schedule. Ms. Cox stated that the Council is asked to consider adopting an ordinance setting fees for licenses, permits, services, and documents. Ms. Cox also said the fee ordinance includes the fees for all licenses and permits issued within the City of Shakopee. Ms. Cox said that Mr. Leek and Mr. Loney would like to present Council with fee recommendations they are recommending for adjustments. Mr. Leek presented Council with background information regarding the fee adjustments for building permits. Mr. Leek said that the City did a Cost of Services Study by Springsted which included both building permit and development fees. Mr. Leek said that fees on the Planning side is where there are significant changes. Mr. Leek stated we took in far less revenue for planning application administration fees. Mr. Leek said that under Land Division the City will now charge $350.00 for an administrative fee to cover routine tasks that are associated with taking in an application, creating a file, preparing an agenda for the Planning Commission, and doing the review. Mr. Leek said the City will also now implement a Review Escrow requirement so the City is not expending a lot of City resources on applications for plat and P. D.D without the ability to recover the costs. Mr. Leek also said there was an increase in the fee for Vacations of Easements and Rights-of- way. Mr. Leek stated that the increase is not as much as the study suggested. Mr. Leek stated that the decision to lower that fee from what the study had suggested was his decision because a number of the vacation requests the City receives relate to residential parcels. Mr. Leek then discussed Land Use Administration Fees. Mr. Leek said that the Application for Variances was significantly lowered from what the study suggested because Mr. Leek stated the cost the study suggested would probably exceed the cost of the project. Cncl. Lehman had a concern that the cost of Vacation of Easements may be burdensome to some property owners in the "old" part of Shakopee because of the way their property was plotted several years earlier when the property was developed. Mr. Leek stated that the fee schedule is a policy decision to recover administration costs for processes and if the Council wants to change the fees they are free to do so. Official Proceedings of the December 5, 2006 Shakopee City Council Page -4- Cncl. Joos asked that if there is a City project being done is the City paying the Vacation fee's associated or are the fees being waved for the City. Mr. Leek stated that in the past it is reviewed by the Council on case by case bases if the City should pay the fee or not. Cncl. Lehman questioned the reasoning behind the fee differences for appeals to City Council under Conditional Use Permit (C.U.P.), Variances, and City Administration Decision. Mr. Leek said the reason for the fee under the C.U.P. being less than the other two is because the process is shorter than it is for the other appeal processes. Mr. Loney presented Council with fees that will be charged for Public Works and Engineering. Mr. Loney said that there is a fee for Storm Water management review costs and also to recuperate NPDES compliance checks. This will aid in recuperating costs the City incurred through a consultant. Cncl. Menden stated he would like to see clarification in the wording for False Alarm fees. Cnc1. Menden said that the wording should reflect the false alarm fee as a Fire or Police response. Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Clay/Menden moved to close the public hearing. Motion carried 5-0. Lehman/Joos offered Ordinance No. 772, Fourth Series, an Ordinances Setting Fees for City Licenses, Permits, Services and Documents as amended, and moved its adoption. Discussion followed. Cncl. Lehman clarified that the Park Dedication Fees on page 28 ofthe Ordinance were stricken. They were moved to Planning on page 12 and 13, the False Alarm fee for Fire is to be $400, and False Alarm for Police is to be $120.00. Lehman/Menden moved that the Appeal Process under Land Use Administration Fees, A, B, and C all be the same at $225.00. Motion carried 5-0. Mayor Schmitt asked for a vote on the main motion, Ordinance No. 772, as amended. Motion carried 5-0. Joos/Menden moved to open the Public Hearing for 2007 Currency Exchange License for Game Financial Corporation. Motion carried 5-0. Ms. Cox presented Council with the 2007 Currency Exchange License application. Ms. Cox said the Council is being asked to consider an application for renewal of a currency exchange license for Game Financial Coporation, 1100 Canterbury Road. Ms. Cox said the applicant has provided the State with the required $10,000 Currency Exchange Surety Bond. The Police Department has advised that there weren't any reasons for the City to object to granting the license. Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Joos/C1ay moved to close the public hearing. Motion carried 5-0. Official Proceedings of the December 5,2006 Shakopee City Council Page -5- Clay/Joos offered Resolution No. 6540, A Resolution Approving the Application of Game Financial Corporation for a Currency Exchange License, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked for the Council's liaison reports. Cncl. Lehman said he attended the Park Board Meeting. Discussion was about Park Dedication fees and Park Master Planning. Cncl. Menden had nothing to discuss. Cncl. Joos attended the Utility Commission meeting and discussed possible increases in rates. encl. Clay attended the Transit Review Board Meeting and discussed the bids for the Park and Ride. The completion date is projected to be June 29, 2007. Mr. Leek presented Council with the Bridge Enhancements for CSAH 101. Mr. Leek reminded Council that staff has already been directed to develop alternatives for bridge enhancements based on existing decorative lighting used in the city, monument styles developed for Huber Park and elements used in the pedestrian crossing across TH 169. Mr. Leek stated that the County is now at the point in the bridge design where it needs specific decisions from the City regarding enhancements. The City's current CIP includes $125,000 for enhancements. Mr. Leek also showed examples of bridge designs from Boonestroo, Rosene, and Anderlik. Mr. Leek also detailed in a presentation what the cost of bridge enhancements would approximately cost. After lengthy discussion among the Council members, all Council members agreed they would like to have a four-corner bridge monument resembling the Huber Park entrance design with acorn lighting, coloring added to the visible surfaces to the bridge, as well as sidewalk on the North side and wrought iron railings. Mr. McNeill presented Council with dates for Council Workshops. Mr. McNeill suggested that the "brainstorming" meeting be set on Tuesday, January 30,2007. Mr. McNeill also asked if any background information would be needed for this meeting. Cncl. Clay stated that all that would be needed is a white board and writing utensils. It was agreed that the meeting would start at 6:30 at the meeting room at the Police Department. Mr. McNeill suggested that the Historic Preservation presentation be presented after the Truth and Taxation meeting set for Monday, December 11,2006, and the presentations on Three Rivers, Congregate Dining, and Fleet Management be presented on Tuesday, January 23,2007 at 6:30 p.m. All Council members agreed on the dates and times of the meetings. Lehman/Menden moved for five minute recess. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:00 p.m. Lehman/Menden moved to recess for an executive session to discuss pending labor negotiations. Mayor Schmitt re-convened the meeting at 9: 15 p.m., and stated that no actions were taken during the executive session. Mr. Leek presented Council with the short and long term operation and maintenance ofthe Southbridge Crossing Station Park and Ride. Mr. Leek stated that staff was asked to update the Council on discussions at the Transit Review Board (TRB) regarding both short-and long-term Official Proceedings of the December 5, 2006 Shakopee City Council Page -6- operation of the park and ride facilities and would like Council's consensus view of the proposed operations plan. Mr. Leek said that there were going to be 64 trees removed from the site and as part of the removal the trees would be replaced off site as part of the Woodland Management agreement with the City. Mr. Leek said that someone illegally removed trees from the site and subsequently 91 trees were taken. The replacement of those trees will still be taking place offsite, but because of the additional trees removed the cost to Shakopee and Prior Lake will be more for replacement. Mr. Leek said that the original proposal for the Park and Ride design was to do a canopy with a building that would be added on to, to match the canopy. Also, Crossings Blvd. would be extended to the park and ride site. Mr. Leek stated that because of the expense of the project it has been.decided to put the bid package out with three heated and lighted shelters which is approximately 1/3 of the cost of what the canopy would be. Mr. Leek stated that the Transit Planning Team (TPT) and the TRB suggest that for the next seven months the TRB and the TPT focus on completing the opening of the new park and ride and establishing the expanded express service. Mr. Leek said the TRB and the TPT believe the following outline provides an effective interim approach to management and operations: . Shakopee Transit and Prior Lake would continue to operate their transit services independently. . Allow title to the Southbridge Crossings Station site to reside in Scott County for a period of up to eighteen months. . Each of the partners (Prior Lake, Shakopee, and Scott County) provide either cash, in"; kind, or a combination of cash and in-kind contributions for the operation and maintenance of the park and ride. . The services not provided in-kind would be contracted out for service. Mr. Leek then discussed the transition of dial-a-ride services to Scott County Transit. Mr. Leek said the Unified Transit Management Plan (UTMP) proposed that Scott County will take over all dial-a-ride services for the county. Mr. Leek said the transition would occur on January 1, 2007. Mr. Leek then discussed the long-term approach. Mr. Leek stated that there are several existing approaches in the Twin Cities Metropolitan Area to the management of transit services and facilities. These include: . Individual City operations . Joint Powers Arrangements . County Operations Mr. Leek also said the TRB is suggesting that for the long-term it may be appropriate to take more of a county-wide approach to transit service and facilities. Mr. Leek then asked if the Council is in agreement with: . Short-term direction for the operation of the transit site and the name. . The City contribute from the reserve funds $99,000 to Scott County for the Dial-A-Ride transition. Official Proceedings of the December 5, 2006 Shakopee City Council Page -7- . Long-term looking at something other than individual city operations for Transit Services for Scott County residents. Menden/Joos moved to direct City staff and Councilor Clay (as representative to the TRB) to follow the short-term operation and maintenance strategy of the "Southbridge Crossings Station" park and ride facilities as outlined in the December 5, 2006 memorandum from R. Michael Leek, Shakopee Community Development Director and to continue working with the TPT and TRB on a county-wide approach to operation and maintenance of park and ride and transit service facilities in Scott County; to transfer Dial-A-Ride services to Scott County Transit effective January 1,2007 and consistent with the UTMP; and to authorize appropriate City officialsto remit to Scott County Transit $99,000 from transit reserve funds to support transition of Dial-A- Ride servic.es from Shakopee Transit to Scott County Transit. Discussion followed. (CC Document No. 428) Cncl. Lehman asked Mr. Leek if the new design of the park and ride building have restrooms. Mr. Leek stated that the temporary transit shelters would not have restrooms but would have to provide temporary facilities. Cncl. Joos asked Mr. Leek if additional maintenance costs will incur with the temporary shelters. Mr. Leek stated that the cost will be approximately $150.00 which is a low cost. Mr. Leek said that it's going to be important for Shakopee and Prior Lake to try to keep the reserves because of the weak state that MVESTfunding is currently experiencing. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Joos/Clay moved to adjourn to Monday, December 11,2006 at 7:00 p.m. Motion carried 5-0. The Council meeting ended at 9:55 p.m. on December 05, 2006. 0. CoG Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 11, 2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Michael Leek, Community Development Director; Kris Wilson, Assistant City Administrator; and Gregg V oxland, Finance Director. Mayor Schmitt asked if there were any additions or deletions to the agenda. Joos/Menden moved to approve the agenda. Motion carried 5-0. Joos/Clay moved to open the continued Truth in Taxation hearing. Motion carried 5-0. Mayor Schmitt asked if there was anyone in the audience that wished to speak concerning the 2006/2007 tax/levy budget. There was no response. Joos/Menden moved to close the public hearing. Motion carried 5-0. Clay/Joos offered Resolution Number 6537, A Resolution Setting the 2006 Tax Levy, Collectable In 2007, and moved its adoption. Discussion followed. Cncl. Lehman asked how the Council could communicate to the State how much the value of property can increase per year. Cncl. Clay said the strong housing market over the past five years had a lot to do with valuations of properties increasing significantly. Cncl. Lehman stated that last year the Council found out that the City was not going to get a market value homestead credit reimbursement and asked Mr. Voxland if that was taken into consideration with this budget. Mr. V oxland stated that the Council decided in August that the market value homestead credit would not be received so it was not included in the budget. Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman dissenting. LehmanlMenden offered Resolution Number 6538, A Resolution Adopting the 2007 Budget, and moved its adoption. Motion carried 5-0. Mark McNeill presented Council with a resignation and the authorization to advertise for Accounting Clerk II Position. Mr. McNeill said that Linda Jansen resigned from the Accounting Clerk II position to take ajob with Carver County Sheriffs Office. Council is asked to accept the resignation and to authorize the beginning of the hiring process to fill the vacancy. Menden/Claymoved to accept with regrets the resignation of Linda Jansen from her position as Accounting Clerk II and to authorize staff to begin the hiring process to fill the vacancy. Motion carried 5-0. Mark Noble, Planner for the City of Shako pee and also staff to the city's Historic Preservation Advisory Commission (HP AC), stated that all the Members of the HP AC were present to discuss Official Proceedings of the December 11, 2006 Shakopee City Council Page -2- with Council the goals of the Historic Preservation (HPAC). Members present were Jay Whiting, the Chairperson, Don McNeil, Don Wagner and Pat Plouman. Mr. Noble stated there are two items the HPAC would like to address with Council; Demolition Permits and Locally Designated Sites and Structures in Shakopee. Mr. Noble stated that the HP AC has done a lot of research on buildings in the corridor of First A venue from Rahr Malting to the east end of Shakopee. Mr. Noble stated that there are a number of properties in the corridor that have historic significance. Mr. Noble said that the HP AC would like to bring some attention to the properties for the 150th Celebration in 2007. Mr. Noble said that Mr. Whiting will go into more detail regarding the properties identified by the HP AC as being note worthy for the 150th Celebration. Mr. Noble then discussed the demolition permit review that is in place. Mr. Noble said that the HP AC would like to have some input into the issuance of these permits. Specifically, they would like to be involved in the process when it pertains to structures that are proposed for demolition that also may comply with the approved guidelines for structures that could be considered for local or national designation to the National Registration of Historic Places. Mr. Noble said the items that the HP AC would be evaluating in the review of the demolition permits are: . Working with developers to incorporate existing historic structures into the proposed development. . Determine whether the structure could be rehabilitated or renovated. . Determine whether it could be moved to a differed site. . Determine whether there are significant artifacts and materials that could be salvaged. . Document the structure for historical reference. Jay Whiting, Chairperson of the Historical Preservation Advisory Commission, provided Council with a presentation of the historical houses in the First Avenue corridor. Mr. Whiting said the HPAC has spoken to several residential owners regarding the historical significance of their property. Mr. Whiting said the next step for the HP AC is to do more research through the County. Cncl. Joos discussed the difficulties of moving the buildings to a different site and the significant costs due to the bedrock that a majority of the First Avenue corridor is built on. Mr. Whiting stated that the HP AC has not looked into the problem very thoroughly. Mr. Whiting said that one of the HP AC's goals is to work with developers. Mr. Whiting also discussed the HPAC's completion ofthe General Criteria and data collection forms to survey properties as well as the Detailed Criteria for establishing historic properties. Mr. Whiting stated that the HP AC is working with The Shakopee 150th Committee to put together a walking tour during the celebration of historical sites and buildings in downtown Shakopee. Mr. Whiting showed several slides of buildings that may be a part of the tour. Cncl. Lehman asked if the property owners are willing participants to be a part of the Celebration. Mr. Whiting stated that the property owners' participation would be based on their willingness to do so. . Official Proceedings of the December 11, 2006 Shakopee City Council Page -3- Cncl. Lehman asked Mr. Leek if it was still possible to incorporate any artifacts that have been found into the 101 bridge. Mr. Leek stated there is still an opportunity to incorporate artifact pieces into the design of the monuments. Cncl. Joos asked what is the durability of the Shakopee Brick that some of the buildings are built out of. Cncl. Joos stated that it seems that the Shakopee Brick is a soft material and may not be very durable. Mr. Don McNeil stated he lives at 1101 Naumkeag St. and his house is approximately 120 years old. Mr. McNeil stated that the brick is soft but it seems to do well compared to aluminum siding or other materials that are currently available. Mayor Schmitt asked Mr. Whiting ifhe had examples of ordinances from other cities that HPAC could compile and bring to the Council for review. Mr. Whiting stated that he has collected approximately 12 ordinances but HPAC is not ready to present them to the Council. Lehman/Joos moved to direct staff and the Historic Preservation Advisory Commission to research and develop a process that would include having the Commission review demolition permits of certain structures and/or sites in Shakopee that are historically significant, consistent with the five (5) steps identified earlier, to look at building a list of properties that have historic significance and report back to the City Council, and prepare historical houses for show for the 150th sesquicentennial celebration. Discussion followed. Cncl. Clay asked if there is a possibility to find storage space for the historical artifacts that have been recovered so far. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Joos/Menden moved to adjourn to Tuesday, December 19,2006 at 7:00 p.m. Motion carried 5-0. The Council meeting ended at 8:26 p.m. on December 11,2006. ll::':~. ~ City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 19,2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig, Parks Recreation and Facilities Director; Gregg Voxland, Finance Director; and Jim Thomson, City Attorney. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked that the Southbridge Field Trails Construction and Security be added under 13.D.1, Parks, Recreation and Natural Resources. Mr. McNeill also asked that 5.F.9, under the Consent Agenda, Purchase of a Key Card Access System for City Hall, be deleted. Mr. McNeill also said that7.B.1., Public Hearing on Proposed Vacation of Easement at 590 Citation Drive,- Res. No. 6550, will be opened for a Public Hearing; however, there has been a request from McCarthy Well Drilling that they would like any discussion of this deferred until January 2, 2007. Menden/Clay moved to approve the Agenda as amended. Motion carried 5-0. Mark.Themig presented Council with a Donation of Historic Shakopee Bricks for Huber Park. Mr. Themig stated that during the design process of Huber Park, Ed and Don Wagner stated that Charles and Mary Breeggemann had rare historic Shakopee bricks that possibly could be incorporated into the design. Mr. Themig stated he met with the Breeggemann's who agreed to donate the historic bricks. Mr. Themig stated thatthe architect has designed the building to incorporate the bricks as accents to the building; Mr. Themig stated that the bricks are somewhat susceptible to the elements so they will be located higher on the building to reduce their exposure to the elements. Mr. Themigstated that the Breeggemann's contribution will be posted on signage panels that will be installed to the building's breezeway. Lehman/Joos offered Resolution No. 6551, A Resolution Accepting the Donation of Historic Shakopee Bricks for the Huber Park Project, and moved its adoption; and thanked the Breeggemanns. Motion carried 5-0. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cnc1. Joos asked that 5.D.3, Approve Plans and Specifications and Authorize Bidding for the Ice Resurfacer, be taken off the Consent Agenda~ Cncl. Menden asked that 5.D.1, Professional Services Agreement for Comprehensive Park Plan Update, be removed from the Consent Agenda. Cnc1. Lehman asked that 5.F.2, Approval of the Minutes of November 14, and November 21,2006, be removed from the Consent Agenda. Lehman/Joos moved to approve the modified Consent Agenda. Motion carried 5-0. Official Proceedings. of the December 19, 2006 Shakopee City Council Page -2- Lehman/Joos offered Resolution No. 6549, a Resolution Approving the Preliminary and Final Plat of Opus MVW 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6548, A Resolution Accepting Work on the Trunk Sanitary Sewer Extension, from the Prior Lake Interceptor to the East Plat Line of Riverside Bluffs, Project No. 2006-4, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize the appropriate City Officials to execute an extension agreement withWSB & Associates, Inc. to perform a topographical survey for the Dean Lakes Trail Extension and Southbridge Trail Extension. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize the purchase of two full size police squads from Elk River Ford in the amount of $45,046 in accordance with the State of Minnesota patrol car contract #435254. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize the appropriate City officials to enter into a contract with Shakopee Towing for the period of January 1, 2007 through December 31, 2008. (Motion carried under the Consent Agenda) Lehman/Joos moved to declare the 1994 Acura Legend, VIN: JH4KA7667RC009301, the 1990 Chevrolet pick-up, VIN: 2GCEK19K7L1129291, the 1990 Buick Park Avenue, VIN: IG4CW54C8L1645857, and the 1990 Honda Accord, VIN: JHMCB7666LC119345 as surplus property. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize a $10,000 increase in the contingency to reflect the cost of the fire alarm system, which was approved ~s a charge order under the contingency for the aquatic park. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6545, a Resolution Accepting the Donation of Multiple Trees and Spading Services at the Valley Creek Crossing Park, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6546, A Resolution Accepting a Trail Easement, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to accept the resignation of JeremyStobb for his position as a Community Service Officer with the Shakopee Police Department. (Motion carried under the Consent Agenda) Lehman/Joos moved to grant Ryan Soliday regular status as a Community Service Officer. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6552, A Resolution Adopting The 2007 Pay Plan For Part- time, Temporary and Seasonal Employees'ofthe City of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the bills in the amount of $952,792.44. (Motion carried under the Consent Agenda) . Official Proceedings of the December 19,2006 Shakopee City Council Page -3- Lehman/Joos moved to set the contracted hourly fire service fee at $370 effective January 1, 2007 for Jackson and Louisville Townships. (Motion carried under the Consent Agenda) 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) 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 First Avenue. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the application and grant a Pawnshop License to PawnXchange LLC, 1133 Canterbury Road. (Motion carried under 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, PawnXchange 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) Lehman/Joos moved to approve the applications and grant a Taxicab Licenseto Oscar Salas, dba Shakopee Taxi and to Terry Busch, dba Southwest Metro Taxi, contingent upon meeting all licensing requirements. (Motion carried under the Consent Agenda) Lehman/Joos moved to set a hearing for Tuesday, January 16,2007, at 7:00p.m., or thereafter, to review the actions of tobacco licensee, Tony's Super Mercado, Inc., 123 West 2nd Avenue. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the application and grant a tobacco license to Samawi & Sons, Inc., 590 South Marschall Road. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6553, A Resolution Adopting the Policy Handbook for the Shakopee Public Access Studio, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6547, A Resolution Providing For The Issuance and Sale of $1,370,000 General Obligation Improvement Bonds, Series 2007A, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to declare parcels number 27-149003-0 and 27-001134-0 surplus property and authorize disposal. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the renewal of the workers compensation policy with the League of Cities Insurance Trust for a deposit premium of $283,632. (Motion carried under the Consent Agenda) Official Proceedings of the December 19, 2006 Shakopee City Council Page -4- LehmanJJoos moved to receive and file the'December updates of the Two Year Goals and Action Plans. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize carpet removal and installation and furniture moving for City Hall from Hiller's Flooring America in the amount not to exceed $69,772.00. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize the purchase of a second Controller for the Storage Area Network (SAN), for an amount not to exceed $20,900. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize staff to discontinue formal research and study of publicly provided high speed internet service at this time. (Motion carried under the Consent Agenda) Mayor Schmitt asked that the record reflect that 5.D.1, 5.D.3, and 5.F.2 are moved to Section 8 of the Agenda, Business removed from the Consent Agenda. Mayor Schmitt asked if there was anyone in the audience that wished to address an issue that is not on the agenda. No one responded. Joos/Menden moved to open the public hearing on the 2006/07 Tax Levy and Budget, Resolution Numbers 6537 and 6538. Motion carried 5-0. Gregg V oxland, Finance Director, addressed the Council regarding the continued public hearing on the 2006/07 tax levy and budget from December 4th to December .11 tho The actual adoption of the tax levy and budget needs to be done in a separate public hearing. The subsequent public hearing was not opened on December 11 tho Clay/Menden moved to reconsider Resolution No. 6537, A Resolution Setting 2006 Tax Levy, Collectible in 2007. Mayor Schmitt asked if there was anyone in the audience that wished to comment on the tax levy. No one responded. Motion carried 5-0. C1ay/Menden offered Resolution No. 6537, A Resolution Setting 2006 Tax Levy, Collectible in 2007, and moved its adoption. Motion carried 4-1 with Cnc1. Lehman dissenting. Menden/Joos moved to reconsider Resolution No. 6538, A Resolution Adopting the 2007 Budget. Motion carried 5-0. Mayor Schmitt asked if there was anyone inthe audience that wished to comment on the 2006/07 budget. No one responded. LehmanlMenden offered Resolution No. 6538, A Resolution Adopting the 2007 Budget, and moved its adoption. Motion carried 5-0. Menden/Joos moved to close the public hearing. Motion carried 5-0. Official Proceedings of the December 19,2006 Shakopee City Council Page -5- Michael Leek presented Council with an application for the Vacation of a 15-foot portion ofa 20-foot drainage and utility easement at 590 Citation Dr. Mr. Leek stated that Mike McCarthy, owner of McCarthy Well Company, is unable to attend the meeting and asked that the hearing be continued to January 2, 2007. Joos/Lehman moved to open the public hearing regarding the Vacation of a 15-foot portion of a 20-foot drainage and utility easement at 590 Citation Drive. Motion carried 5-0. Mayor Schmitt asked if there was anyone in the audience that wished to be heard regarding the vacation of the easement. No one responded. Joos/Clay moved to continue the public hearing until January 2,2007. Motion carried 5-0. Judy Cox, City Clerk, addressed the Council regarding the penalties to tobacco licensees who sold tobacco to minors during a compliance check on July 27,2006. Ms. Cox stated there were two Licensees who did not pass the compliance checks on July 27, 2006. They are Shakopee Kwik Mart, Inc. (first violation) and Turtle's Bar and Grill, Inc. (first violation). These two licensees have admitted to the violation and have signed the "Waiver and Admission of Violation". Ms. Cox stated that the penalties outlined in the city code should be imposed ($200.00 fine and two day license suspension). Mayor Schmitt asked if there was anyone in the audience that wished to be heard regarding the tobacco violations. No one responded. JooslMenden moved to close the public hearing. Motion carried 5-0. Lehman/Clay moved to acknowledge receipt of the "Waiver and Admission of Violation" from Shakopee Kwik Mark, Inc., 234 West 15t Avenue, for the sale of tobacco to a minor and impose a penalty for the first violation in the amount of $200.00 and a suspension of the license for two days, beginning at 12:01 a.m. on December 29,2006 and ending at 12:00 midnight on December 30, 2006. Motion carried 5-0. Lehman/Menden moved to acknowledge receipt of the "Waiver and Admission of Violation" from Turtle's Bar and Grill, Inc., 132 East 15t Avenue, for the sale of tobacco toa minor and impose a penalty for the first violation in the amount of $200.00 and a suspension of the license for two days, beginning at 12:01 a.m. on December 29,2006 and ending at 12:00 midnight on December 30, 2006. Motion carried 5-0. Mark Themig presented Council with the Professional Service Agreement for Comprehensive Park Plan Update. Mr. Themig stated that the City distributed five requests for proposals to various park planning firms and received four proposals. The firms that submitted proposals were Bonestroo, Rosene, Anderlik Associates, Brauer and Associates, HKGI and MFRA. Official Proceedings of the December 19, 2006 Shakopee City Council Page -6- Mr. Themig said a panel of City Staff and Park Advisory Board members interviewed the four applicants. All firms were provided with a not-to exceed budget of $40,000. The firms were also informed that the update would need to be completed by June, 2007. Mr. Themig said that he asked the interview panel to keep key points in mind that the Parks and Recreation Advisory Board and staff identified as important. Mr. Themig said that each applicant had strengths and weaknesses in the plan. Mr. Themig identified them for the Council. It is Mr. Themig's belief that Bonestroo has a complete package that will more thoroughly incorporate the natural resources component into the park plan, and capture innovation and. long- term trends. Cncl. Lehman asked Mr. Themig why Brauer was not a consideration. Mr. Themig stated that Brauer is very theory based and was unable to complete the project within the $40,000 budget. Cncl. Menden asked Mr. Themig why the plan had to be finished by June, 2007. Mr. Themig deferred the question to Mr. Leek. Mr. Leek stated that the Parks Open Space and Trail Plan needs to be finished by June, 2007 is because it is one of the system components ofthe Comprehensive Plan. Menden/Clay moved to authorize a contract extension with Bonestroo Rosene Anderlik and Associates for the Comprehensive Park Plan Update in an amount not to exceed $40,000. Discussion followed. Cncl. Joos is concerned about the lack of consistency he has seen from Bonestroo. Mr. Themig stated that the cost over-runs associated with the Huber Park Project that is being done by Bonestroo are due to the design work. Mr. Themig also stated that he discussed the $40,000 budget with the project manager from Bonestroo and feels comfortable that they can do the work within the budget. Mayor Schmitt asked for vote on the motion. Motion carried 5-0. Mark Themig presented the Council with the Ice Resurfacer Plans and Specifications and Authorize Bidding. Mr. Themig stated the Cityhas drafted the specifications for the ice resurfacer. Mr. Themig stated there were four key components that are important in ensuring the quality ice sheet and low yearly maintenance cost. Those components are the transmission, engine type and size, water tank capacity, and cutting blade length. Cncl. Joos feels that the bidding process should accomplish getting the best piece of equipment for the best price. Cncl. Joosfeels that limiting the specifications eliminates the process of getting the best piece of equipment for the best price. Cncl. J oos feels that specifying exactly the make and model of a motor, for example, limits the City's ability to get a good bid. Cncl. Lehman asked Mr. Themig if the two manufactures offer the General Motors engine as specified in the Resurfacer specifications the City is requesting. Mr. Themig stated that one manufacturer offers General Motors and the other offers Nissan. Cncl. Lehman stated that he is not in favor of approving the specifications and authorizing bidding knowing that the City's request has already eliminated one bidder. Official Proceedings of the December 19, 2006 Shakopee City Council Page -7- CncL Joos feels that dropping the transmission specifications and the engine type and size would make the bidding process more equal. Mr. Themig asked ifhe could work with Cncl. Joos to rewrite the specifications and bring it backto Council at a later date. Clay/Lehman moved to table approving the plans and specifications for the Ice Resurfacer and authorizing bidding to January 2, 2007. Motion carried 5-0. Cncl. Lehman presented Council with questions regarding the November 21, 2006 minutes of the meeting. Cncl. Lehman stated that in the November 21,2006 minutes the vote for Resolution No. 6539, A Resolution Amending the Compensation Policies for the Fire Department was a 4-1 vote with Cncl. Joos dissenting. Cncl. Lehman stated that he did not cast a vote. Ms. Cox stated that she re-listened to the tape recording of the meeting. Ms. Cox stated that the minutes reflect correctly what the tape produced. Ms. Cox stated there was a vote and the Mayor announced that the motion passed 4-1. Cncl. Joos stated that he remembers Cncl. Lehman not saying anything when the vote was cast but Mayor Schmitt did announce that it was a 4-1 vote. Mr. Thomson, City Attorney, stated that if the Mayor announces a vote and announces it wrong someone should say something at that time. Cncl. Clay asked the question if Council members have the right to stay silent during a vote or are they required to answer yes, no, or abstain. Mr. Thomson said that he would like to defer and table for two weeks so he could research the situation. MendenlJoos moved to approve the November 14, 2006 meeting minutes. Motion carried 5-0. Lehman/Joos moved to table the meeting minutes of November 21,2006. Motion carried 5-0. Menden/Joos moved to recess for the Economic Development Authority (EDA) meeting at 8:05 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:06 p.m. Mayor Schmitt asked for the liaison reports from the Council members. Cncl. Lehman stated he attended the Park Board meeting. Discussed at the Park Board meeting was the Dog Park and where to locate it. Cncl. Menden attended the workshop for the Environmental Advisory Committee. Discussed was the current woodland management ordinance. Cncl. Joos said he attended the Utility Commission meeting. Discussed were the rate increases for electricity. encl. Clay had nothing to report. Mr. Themig presented the Council with the proposed modifications to Parks and Recreation Advisory Board charge. Mr. Themig stated that in October the Parks and Recreation Advisory Official Proceedings of the December 19, 2006 ShakQpee City Council Page .8- Board reviewed the charge for the Board that is set forth by ordinance in the City code. Mr. Themig said that at that time, the Board designed a subcommittee to review the charge and make recommendations back to the full Board for potential changes to the charge. Mr. Themig said the subcommittee met and are proposing two changes. The fIrst is to add in language to the charge to reflect the Board's role in recreation programming. The second is to add language that reflects the Board's commitment to fostering relationships with other organizations. Mr. Themig then read what the Board has suggested to add tothe ordinance. Cncl. Lehman stated he supports the change but asked that the word "symbiotic" be changed. Cncl. Lehman said he didn't know what that word meant and assumes there are other people that don't knowthe meaning either. Mr. Themig said the word symbiotic can be substituted with mutually beneficial. Mr. Themig did state that the Park Board felt very strong about using the word symbiotic in describing the relationships that they have with other entities. Joos/Lehman offered Ordinance No. 774, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 2.75 Regarding Park and Recreation Advisory Board, and moved its adoption with an amendment changing the word "symbiotic" to "mutually beneficial". Motion carried 5-0. Cncl. Lehman thanked Mr. Mayberry and the Park Board for their efforts in making these changes. Mr. Themig presented Councilwith the need for clarification in the SouthbridgeField's Development. Mr. Themig said that part of the requirements for approval is that the developer is required to construct the trail along County Road 18. Mr. Themig said that Mr. Soltou is willing to construct the trail but he raised the question that in the near future County Road 21 will be constructed and it's likely that the intersection of County Road 18 and County Road 21 will change. Mr. Themig said that essentially the trail would have to be torn up to construct the intersection. Mr. Themig said that Mr. Soltou is willing to provide the City a cash payment for the cost of constructing the trail. Mr. Themig said he needs to know if the Council is willing to construct the trail and then have it torn up in the future. The other question Mr. Themig had for the Council is the way the Developer's Agreement is structured the developer would need to provide security in the amount of 125% of the cost to ensure the project done. Mr. Themig said that Mr. Soltou is proposing cash up front in the amount of 100% for the cost to construct the trail today. Mr. Themig said that Mr. Soltou provided a bid from a contractor and Mr. Themig said the bid was a good bid. Cnc1. Lehman asked Mr. Themigifthe City takes the cashJrom the developer now, is the City responsible for hiring the contractor to construct the trail in the future. Mr. Themig deferred the question to Mr. Loney. Mr. Loney said that the Citywou1d askthe County to incorporate the trail into their plans when County Road 18 and Country Road 21 are designed. The City would then work out a cooperative agreement with the County and pay for the trail. j Official Proceedings of the December 19, 2006 Shakopee City Council Page -9- C1ay/Joos moved to accept the 100 percent of the contractor's bid from Mr. Soltou to construct the trail on County Road 18 for the plat of South bridge Field Addition. Motion carried 5-0. Mayor Schmitt asked if there were any Council concerns that need to be discussed. No one responded. Mayor Schmitt asked if there was any other business. . Cncl. Lehman wanted to take the opportunity to wish the residents and businesses of Shakopee a very Merry Christmas. Mayor Schmitt agreed with Cncl. Lehman. Cncl. Clay stated that the Council also needs to recognize Hanukah and other celebrations. Mayor Schmitt agreed because the Council represents the entire community. Lehman/Joos moved to recess to executive session to discuss labor negotiations at 8:35 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:48 p.m. and stated that no action was taken during the executive session. Joos/Menden moved to adjourn to Tuesday, January 2,2007 at 7:00 p.m. Motion carried 5-0. The Council meeting ended at 8:49 p.m. ~~~.~ City Clerk Kim Weckman Recording. Secretary