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HomeMy WebLinkAbout7. Approval of Minutes: July 19, 2005 (5 p.m.), July 19,2 005 (7 p.m.) and August 30, 2005 , OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SBJUCOPEE,MINNESOTA JUL Y 19,2005 Mayor Schmitt called the meeting to order at 5:03 p.m. with Council members Helkamp, J005, Lehman and Menden present. Also present: Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, City Engineer/Public Works Director; Dan Hughes, Chief of Police; and Mark Themig, Park, Recreation, and Facilities Director. Members of the Shakopee Public Utilities Commission present: Chair John Engler, Bill Mars, Mark Miller (5:37 p.m.), Bryan McGowan, and Lou VanHout, Manager. Mayor Schmitt opened the joint meeting with the City Council and the Shakopee Public Utilities Commission. Mr. VanHout discussed some of the SPUC updates with the Council. These updates included; the Minnesota Municipal Power Association, the New Headquarters Building, and the Customer Satisfaction Survey. The Council and SPUC discussed the contribution by SPUC to the City. Mayor Schmit noted that the projected contribution for 2005 is $1.2 million. Mr. VanHout opened discussion regarding the fire flow needs for the riverfront area and the water looping of Huber Park. Mr. Engler stated that there is some benefit to water looping system of Huber Park, in that the water system would not have to go through the whole park. It was added that the benefit of the system includes all users and that the benefit is both an immediate and future. benefit. Mr. VanHout summarized SPUC's policy as it relates to the water looping system. He noted that Huber Park didn't have the desired connection that it needed and that there would be improvement by adding "a" connection of some kind. It was discussed that the benefit for the park would be the responsibility to become part of the system. Mr. VanHout offered that studies were done to see what was needed and what wasn't needed and that all of the loops seemed to help. He also discussed the fire flow needs for the riverfront area. Mr. Mars discussed the "broad policy" and its three parts, which are; the water connection charge, the trunk water charge and the lateral main connection. He added that in discussing this policy, most entities have been paying these three costs. He noted that Official Proceedings of the July 19, 2005 Shakopee City Council Page 2 it was then looked at as far as how this would apply to Huber Park. Mr. Mars expressed that the outcome of the SPUC meeting from the night before was that all entities would pay a water connection charge. Mr. Mars also discussed the trunk water charge as it relates to Huber Park and the difference in cost whether it was irrigated or not. He discussed some of the estimates that they received for the lateral main connection, depending on where it would go. Discussion followed regarding making improvements for development and how its going to be paid for. Cncl. Joos added that this would be a system benefit. He added that its not necessarily high density that creates fire flow. He noted that the fire flow requirements are more if there are all single family homes. Mr. Mars added that this would be strengthening the link of the chain when the opportunity is there. Mr. McGowan added that there are future benefits of the fire flow, but there is also a current need as well. The commission discussed the future benefits of the future developments and redevelopment. Mayor Schmitt offered that redevelopment is something that is going to have to be dealt with. He also expressed the need to have policies that everyone is comfortable with. Mr. Themig, Park, Recreation and Facilities Director, stated that there could be the opportunity for Fillmore Street and First Avenue to be reconstructed in the next five to seven years. He noted that if that becomes more of a reality, SPUC is agreeable to waiting to make the connection to First A venue until First A venue is reconstructed. He noted that it is the county that is reconstructing First Avenue. Mr. VanHout offered that this is an opportunity. He also offered that the flow is. enough for the development that is there right now. Mr. Themig presented a drawing of Huber Park, which showed theavailablelrequired and desirable fire flow. Mr. VanHout discussed the area water charges as they relate to Greenfield and Huber Parks Soccer Complex. He added that if the area is irrigated the charge would be based on acreage. Discussion followed regarding irrigation and wells. Official Proceedings of the July 19, 2005 Shakopee City Council Page 3 Mr. Miller noted that the water charges are driven at as a method to sustain the system. Discussion followed regarding the communities sprinkling regulations and park watering times. Mr. Themig stated that the area water charges will be based on the minimal lot size for the building. Cncl. Joos added that he appreciates having a watermain policy. Discussion followed regarding policies. Mr. Loney, City Engineer/Public Works Director, opened discussion on the Watermain Replacement Policy vs. the City Street Replacement Policy. He offered that there needs to be further clarification and discussion of when to replace the watermains. He added that there are several issues that go along with replacing watermains. Mr. Loney noted that staff is trying to come up with a coordinated pavement preservation program. Discussion followed regarding developing a possible mapping program. Discussion regarding replacing waterpipes and roads followed. Mr. VanHout discussed the Huber Park electrical undergr:ounding policy. Mr. VanHout also discussed the electrical undergrounding policy and the alley behind 403, 1st Avenue East. Mr. Themig offered that staffhas discussed the undergrounding of the power lines with the property owners and they were generally supportive of it. Mr. Themig stated that the property owners were interested in paying the connection charge themselves, rather than having it be assessed. Mr. Engler acknowledged that the commission agreed three years ago to pay for the electric ulldergrounding across Huber Park which was estimated at $150,000. He opened discussion regarding the Levee Drive Parking Lot electrical undergrounding. He offered that the commission would like to see this done, but they aren't sure who is going to pay for it. The Council/Commission discussed the costs of the electrical undergrounding of the Levee Drive Parking Lot. Discussion regarding the removal of the poles from the Levee Drive Parking Lot followed. Mr. VanHout offered that the community is paying regardless. Official Proceedings of the July 19, 2005 Shakopee City Council Page 4 Mr. Themig offered that there is a sewer line that runs to the north ofthe parking lot. He offered that the poles should be under grounded rather than relocated. Mr. Leek offered that the Council/Commission could require relocation of the poles, without the city reimbursing those costs. Mr. Miller expressed the issue of money. He noted that there is a hidden tax to pay for community development that is not applied to all the community residents. Mayor Schmitt expressed the need to start moving and resolve the finanCial negotiations. He noted that the consensus from the discussion regarding the Levee Drive Parking Lot is that the Council/Commission would like to see them go underground. Mayor Sclunitt added that he thought that this was an excellent meeting and that this meeting should take place annually. Helkamp/Joos moved to adjourn the meeting to the regular meeting at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 6:53 p.m. COJ4J.~ Judith S. Cox City Clerk Alysia J. Vinkemeier Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,NITNNESOTA JULY 19, 2005 Mayor Schmitt called the meeting to order at 7:18 p.m. with Council members Helkamp, Joos, Lehman and Menden present. Also present: Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, City Engineer/Public Works Director; Dan Hughes, Chief of Police; and Mark Themig, Park, Recreation, and Facilities Director. The pledge of allegiance was recited. Menden/Joos moved to approve the agenda. Motion carried 5-0. Mayor Schmitt presented a plaque to Judith S. Cox, City Clerk, in appreciation for 35 years of service to the City of Shakopee. Helkamp/Menden moved to approve the consent agenda. The following item was removed from the consent agenda: 15.D.3. Amendment to the 2005 Fee Schedule - Ordinance No. 733. Motion carried 5-0. Mayor Schmitt asked ifthere were any citizens present in the. audience who wished to address any item not on the agenda. There was no response. HelkamplMenden moved to approve the meeting minutes for June 7,2005 (5:00 p.m. session). (Motion carried under the Consent Agenda). HelkamplMenden moved to approve the bills in the amount of $929,850.24 plus $212,515.24 for refunds, returns and pass through for a total of$I,142,365.48. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. HelkamplJoos moved to open the public hearing on the petition by Tollefson Development for the annexation of land east ofCR 15/Marystown Road and south of Highway 169 - Ordinance No. 734. Motion carried 5-0 Mr. Leek explained that development plans of Tollefson Development include commercial, houses and medium density and that there is a small cart way within the development that was not discussed during the annexation requested by Marystown LLC. Tollefson Development was advised that they need to petition this small cart way to be annexed. Mr. Leek reported that the Jackson Town Board has reviewed the requested annexation and he has received no adverse comments from the Board. He stated that the Planning Commission has reviewed the request and have recommended that the annexation be granted. With regards to the Comprehensive Official Proceedings of the July 19, 2005 Shakopee City Council Page 2 Plan, Mr. Leek stated that this small area is part of the application that has been submitted to the Metropolitan Council. Mayor Schmitt asked if anyone present wished to comment on the annexation request. There was no response. Mr. Leek informed the Council members that Mr. Wollschlager, petitioner, was unable to be present. Joos/Helkamp moved to close the public hearing. Motion carried 5-0. Lehrnan/Joos offered Ordinance No. 734, Fourth Series, An Ordinance Relating to the Annexation of Certain Property, and moved its adoption. Motion carried 5-0. Menke/Joos opened the public hearing on the proposed improvements to Fillmore Street north of First Avenue and the alley between Fillmore and Spencer Streets, Project No. PR2005-3- Resolution No. 6274. Motion carried 5-0. Mr. Themig reported on the proposed improvements to Fillmore Street north of First Avenue and the alley between Fillmore and Spencer Streets. The estimated cost for Fillmore Street is $97,000 and $78,200 for the alley and they will be assessed 50% to the city and 50% to the property owners. The undergrounding of the power line in the alley will be assessed based on the 1996 Policy that was used for the Down Town Alley Project, but the property owners may make the electrical connections on their own as opposed to having the city do it and assess them. The estimated cost for the parking lot is $323,000 and funds will corne from the Huber Park project budget. The cost for the lateral water main connection to Fillmore Street does not affect the property owners. The undergrounding of the power line for the park was previously estimated at $150,000. Shakopee Public Utilities has committed to paying for this part of the project. Mr. Themig identified additional costs that will be incurred that relate to a trunk water charge and a water connection charge that comes from Shakopee Public Utilities. He stated that city staffhas been working with stafffrom Shakopee Public Utilities and the Commission to consider another option as to how these fees are determined, given that this area is going to be used as a park. Mr. Themig stated that it is not feasible to complete the project this year. He recommended bringing in fill for a temporary road, parking and forthe area where the community built playground will be located and complete the project next year along with the archery and boat landing. Mayor Schmitt asked for comments from those present. Official Proceedings of the July 19, 2005 Shakopee City Council Page 3 Mr. Jim Perry, 403 East First Avenue, stated that he is representing himself and his father who owns property at 407-415 East First Avenue. He stated that he is happy to see the improvements to the park. He was concerned about having to pay for the parking lot immediately north of his property. He said that he tarred the parking lot due to erosion. Because it is city property, he was not allowed to count this lot for parking requirements when he built. He stated that he is willing to allow parking on his property for over flow events (34 parking spaces). Thisisa good trade off for not having to pay for the improvements to the parking lot to the north of his property. He would like to have his own contractor do the work in back of his property and pay the contractor directly. Art Gesswein, 435 East First Avenue, stated that two property owners are shouldering the cost for Fillmore Street and other people will benefit a lot more. He stated that he is willing to pay his fair share. He stated that the cost for Fillmore seems steep for only two property owners and he would like the city to participate in the cost. Charles Capesius, 507 East First Avenue, noted that access to his property will be closed during construction. He stated that he doesn't see the tarred road as any benefit and he will not receive any benefit for the north part of Fill more being done. Bill Mars, representing the Huber Park Playground Project, stated that the committee is moving full steam ahead for the installation of the community build playground this coming October. He stated that he feels that it is important to get the overall project completed so that the park improvements can go forward. He stated that the temporary plans are acceptable as long as there is material for storage and fill for the playground. Discussion ensued regarding the installation of the playground this fall and the safety of the public enjoying the park next spring while the project is constructed around the playground. Councilor Lehman expressed disagreement with the assessment policy for this project. He stated that the construction of a majority ofFiIImore Street is not the benefit of the abutting property owners. The community park is driving the improvements. Mr. Loney explained that the true test for assessments is the benefit to the abutting property. A benefit appraisal can be done, if desired. There will be an assessment hearing when the project is completed and property owners can challenge the assessments at that time. Helkamp/Menden moved to close the public hearing. Motion carried 5-0. Helkamp/Menden offered Resolution No. 6274, A Resolution Ordering An Improvement and Preparation of Plans and Specifications for the Fillmore Street Extension and Alley Improvements, Project No. PR2005-'3, and moved its adoption. Motion carried 5-0. Official Proceedings of the July 19, 2005 Shakopee City Council Page 4 Discussion ensued regarding the use of the playground during construction next year when there is heavy equipment in operation. Helkamp/Lehman moved to direct staff to prepare the plans and cost analysis for a temporary roadway and parking lot and permanent elevation (pad) for the playground equipment. Motion carried 5-0. Mr. Themig noted that at the next meeting Council should authorize temporary construction and authorize the installation of the playground. Mr. Mars stated that he will present the plans to city staff ofthe schematic layout of the p~ayground itself. He envisioned, after the playground was built, that the city would be requested to accept the playground that is on city land. Helkamp/Menden offered Ordinance No. 735, 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 North ofCSAH 16 and East of Pike Lake Road Extended from Agricultural Preservation (AG) and Light Industrial(Il) to Urban Residential (R-IB) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Menden offered Resolution No. 6275, A Resolution Accepting Bids on the 2005 Pheasant Run Storm Sewer Improvements, Project No. 2003-6 and moved its adoption; approved a 5% contingency amount on this project for use by the City Engineer in authorizing change orders or quantity adjustments on this project and authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to perform construction staking services on this project. (Motion carried under the Consent Agenda). Helkamp/Menden moved to approve suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Pulte Homes, as per their letter dated July 12, 2005 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. (Motion carried under the Consent Agenda). (CC document No. 390). Helkamp/Menden moved to authorize the appropriate city officials to approve the Scott County Public Safety Communication and Information System Mutual Aid Pact with Scott County and the cities within Scott County. (Motion carried under the Consent Agenda). Helkamp/Menden moved to authorize a Public Waters Access Cooperative Agreement with the Minnesota Department ofN atural Resources for funding the construction of a new Minnesota River boat launch and to authorize bidding the project as part of Huber Park redevelopment project in 2006. (Motion carried under the Consent Agenda). Official Proceedings of the July.19,2005 Shakopee City Council Page 5 Mr. Themig stated that Council is asked to consider general terms of an agreement to be developed with the Minnesota DNR and the Scott County Chapter of the Deer Hunters Association for the construction of an archery range. The DNR has contributed $20,000. In the concept plan is an access road that would follow the new boat landing and continue underneath two bridges and to a parking area in the general vicinity of the old baseball stadium. Mr. Themig explained that the general terms of the agreement that will be developed are the DNR would contribute $20,000 toward the project. The Scott County Chapter of the Minnesota Deer Hunters Association, as well as other archeries in the area, would be responsible for establishing the site itself. The City's responsibility would be to provide the roadway going in. Long term operational responsibilities the archers and either the Archery Club or the Scott County Deer Hunters Association will be responsible for operating and maintaining the actual site itself. The city will be responsible for maintaining the roadway and it would be part of the city's alley maintenance program and trash removal at the boat landing. Mr. Themig explained that there is no agreement in place and needs to be worked on next. It will be an agreement initially between the three created organizations and when the local club becomes active there would be a new agreement or the agreement would be amended to reflect the local club's responsibility in maintaining and operating the site. Mr. Themig answered questions from the Council members. HelkamplLehman moved to direct staff to continue working on the terms for an agreement for the construction of an archery range. Motion carried 5-0. Helkamp/Joos moved to recess for an executive session for approximately 30 minutes for the purpose of discussing pending litigation involving the Building and Trade Association's law suite againstthe City. Motion carried 5-0. Recess took place at 8:40 p.m. Mayor Schmitt re-convened the meeting at 9:22 p.m. Mr. McNeill explained that the Council just met in an executive session and that no action was taken. Mr. Leek reported on the Menke Appeal Regarding an Expansion of a Non-conforming Use on Fuller Street. Mr. Leek stated that the Menke property is currently occupied by a block building and a metal building. He added that Mr. Menke had proposed an initial proposal to remove the metal building and add to the existing block building in the amount of square footage, equal to the metal building. He offered that at that time staffhad determined that that would be permissible under Sec. 11.91. Mr. Leek noted that he then came back with a proposal that involved removing both of the buildings and constructing an entirely new structure, one which is Official Proceedings of the July 19, 2005 Shako pee City Council Page 6 under the city's zoning code there are specific definitions of two kinds of nonconformity; there are Type A nonconformities, which are uses that are no longer permitted in the zoning district. He added that in the case of this property, the property is zoned Urban Residential (RIB) and this use is a commercial use and a Type A nonconformity. Mr. Leek noted that there is also a Type B nonconformity, which is a use that doesn't conform with respect to impervious surface or setbacks. He added that there is also a Type B conformity on the property as well. Mr. Leek stated that with that, Mr. Menke then filed an appeal of the Board of Adjustment and Appeals determination to not allow the expansion of a nonconforming use. He noted that with an appeal, staff does not make a specific recommendation. Discussion followed regarding how the Board of Adjustment and Appeals makes their determinations. The Council discussed the intensity of the usage of the proposed site. Mr. Leek stated that this site will continue to he a nonconforming use and if it were destroyed more than 50% of its valuation, it could not be rebuilt. The Council discussed the possibility of rezoning the proposed site. Mark Menke, applicant, stated that he has a general contracting business, which his father owned prior, in the same location. He questioned that if he can remove the metal building, and add onto the block building, which is a Type A, why he can't build a new building. Mr, Menke noted that the allowed square footage of the buildings is not the issue. Mr. Menke addressed some of the other issues relating to this site. He added that he believes that his proposal is of less intensity. Mr. Menke stated that his proposal is to make the new building look like a house, which would enhance the property. He noted that this site is a great location for a business, and therefore does not plan on leaving the site. Mr. Menke stated that all of the neighboring property owners are in support of a new building being built. He expressed that he can't fix up his current building because it is a Type A nonconformity. Mr. Menke asked if he could take the existing trusses off the Type A building and put new trusses on to match the Type B trusses. Mr. Leek expressed that from a zoning perspective, the applicant would be able to remove the existing trusses and replace them. encl. Lehman added that he is in favor of what is being proposed, but would need to see a lot of staff written conditions on what would be allowed uses. The Council discussed how this building fits long term into the overall city. Discussion followed regarding where the intensity of the business will be moved to. Mr. Menke offered that he is trying to make this work for everyone and make everyone happy. Official Proceedings of the July 19, 2005 Shakopee city Council Page 7 The Council discussed the history of the platting of this site. Mayor Schmitt addressed that there are two nonconforming buildings that are being dealt with, not just one. Mr. Menke noted that this proposed building is one step in the process. Discussion followed regarding whether or not to leave this use as a nonconforming use. The Council discussed the dimensions of the site, in regards to building a house on this site rather than a commercial building. It was added that the only way this site can be converted into a permitted use, is by zoning. The Council discussed other options that the applicant is permitted to do with the proposed site. Helkamp/Joos moved to uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a resolution for the Council's consent agenda that is consistent with that decision. The Council discussed the overview of their thoughts on this issue. Motion carried 3-2 with Cncl.Lehman and Cncl. Menden dissenting. Helkamp/Menden offered Resolution No. 6273, A Resolution Approving the Final Plat of Park Meadows Third Addition, subject to conditions, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Lehman noted that Item 15.D.3 Amendment to the 2005 Fee Schedule - Ord. No. 733 was removed from the Consent Agenda due to his concerns regarding the fee increase set for recording documents with the Scott County Recorder's Office. Mr. Leek stated that the recording fee, which is the fee that Scott County requires in order to take in documents that are recorded for titled businesses with the County, went from $19.50 to $46.00. It was noted that this fee increase is going to be reflected in what the city charges. Mr. Leek added that he will be writing a letter to the County indicating his dissatisfaction with the fact that there was no notice to the City of an intended change before it took effect. Official Proceedings of the July19, 2005 Shakopee City Council Page 8 Helkamp/Menden offered Ordinance No. 733, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Fees Set for Recording Documents with the Scott County Recorder's Office, and moved its adoption. Motion carried 5-0. Helkamp/Mendenmoved to acknowledge the satisfactory completion of probation and authorize theretention of Erron Balfanz as Police Sergeant effective July 19, 2005. (Motion carried under the Consent Agenda). Helkamp/Menden moved to acknowledge the satisfactory completion of probation and authorize the retention of Jason Arras as Police Sergeant effective July 19, 2005. (Motion carried under the Consent Agenda). Helkamp/Menden moved to authorize the hiring of probationary police officer Kathleen Siercks at Step 1 ofthe current labor contract, at a monthly rate of$3,564.50, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda). Helkamp/Menden moved to request the Shako pee Police Civil Service Commission to begin the selection process for a part-time Police Records Specialist and moved its adoption. (Motion carried under the Consent Agenda). Helkamp/Menden moved to promote Patty Latzke to the position of Building Secretary at Pay Grade 4, Step B,subject to the completion of a one-year probationary period. (Motion Carried under the Consent Agenda). Helkamp/Menden moved to promote Kelly Schmitt to the position of Office Service Worker in the building division at pay Grade 3, Step D, subjectto the completion ofa one year probationary period, and take the steps necessary to fill the vacant half-time receptionist position. (Motion carried under the Consent Agenda). Mr. McNeill, City Administrator, reported on the temporary 3.2 percent malt liquor license for the Shakopee Jaycees Inc. Mr. McNeill stated that this is relating to the 3.2 beer license for Derby Days. He noted that originally, Jaycees Inc. had made the request to extend the time of serving beyond 11 :00 p.m. to 12:00 a.m., but he was notified that Jaycees Inc. has withdrawn the request. He added that therefore, it can be approved as recommended and the hours of operation would be consistent with that of previous years. MendenlLehman moved to approve the application and grant atemporary on-sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc., for the municipal parking lot at 2nd Avenue an Lewis Street, onAugust 5 and 6, 2005 (Derby Days) with the hours of operation ending at 11:00 p.m. Motion carried 5-0. Official Proceedings of the July 19, 2005 Shakopee City Council Page 9 Helkamp/Menden moved to approve the application and grant an off sale liquor license to Annward Inc., dba Wine Styles, 8076 Old Carriage Court North, conditioned upon the issuance ofa Certificate of Occupancy. (Motion carried under the Consent Agenda). , Helkamp/Menden moved to approve the applications and grant an off sale 3.2 Percent Malt Liquor License and a Tobacco License to Holiday Stationstores Inc., 3901 Eagle Creek Boulevard, conditioned upon the issuance ofa Certificate of Occupancy. (Motion carried under the Consent Agenda). Liaison reports were given by the Council members. Helkamp/Lehman moved to adjourn to Wednesday, August 3,2005, at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 10:20 p.m. ~.MLJ. 0c J dithSCox .. . City Clerk Alysia Vinkemeier Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCn.., ADJ. REG. SESSION SHAKOPEE,NITNNESOTA AUGUST 30, 2005 (Budget Work Session) Mayor John Schmitt called the meeting to order at 5:00 p.m. with Council members Joe Helkamp, Terry Joos, Matt Lehman, and Steve Menden present. Staff present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Dan Hughes, Chief of Police; and Ed Schwaesdall, Fire Chief. Items added to the consent business: 3. D. 1. Shakopee Walmart and 3. D. 2. E.H. Renner request for test pumping of Shakopee wells. Lehman/Joos moved to approve the consent agenda, as modified. Motion carried 5-0. Lehman/Joos moved to approve a letter to the Metropolitan Council expressing the City Council's strong desire for an exception, if the Metropolitan Council's policy is changed no longer allowing credits to be distributed back to the host community, when Rahr goes off the regional sewer system that the City continue to be entitled to about 1500 SAC credits. (Motion carried under the consent business.) Lehman/Joos moved to authorize the hiring of probationary records technician Darlene Bjerketvedt at Step E of Grade Level 3 in the 2005 City Pay Plan, at an hourly rate of$15.52, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the consent business.) Lehman/Joos moved to authorize the hiring of Thor Carlson as a part-time probationary community service officer at Step E of Grade Level 2 in the 2005 City Pay Plan, at, an hourly rate of$14.11, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the consent business.) LehmanlJoos moved to suspend City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Weis Builders (contractor for Walmart), from 4:00 a.m. to 7:00 a.m. on September 6th through September 10th, 2005, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff in the August 30, 2005 memo from Bruce Loney, Public Works Director. (Motion carried under the consent business.) , Lehman/Joos moved to suspend City Code Sec. 10.60, Noise Elimination and Noise'Prevention, Subd."3, Hourly Restrictions on Certain Operations, D, as requested by E.H. Renner & Sons, Inc. (contractor for Shakopee Public Utilities Well No. 20 and 21), for 24-hour test pump of each well and for test pump of both wells on September 7th through September 9th, 2005, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff in the August 30,2005 memo from Bruce Loney, Public Works Director. (Motion carried under the consent business.) Official Proceedings ofthe August 30,2005 Shakopee City Council Page -2- Lehman/Joos offered Resolution No. 6286, A Resolution of the Shakopee City Council Authorizing Execution of an Agreement for the Project Entitled Safe and Sober, and move its adoption. (Motion carried under the consent business.) - Mr. McNeill stated that the City Council heard the proposed budget for the Fire Department at an earlier meeting. It is up 36% over 2005 and that one-half of it is the result of increased rental charges. Mr. Lehman acknowledged that 36% is a lot and questioned where costs could minimized. Mr. Schwaesdall responded that he did not see where they can make cuts and identified the reasons for the increases. Mr. Leek explained that the funds for transit do not come from the General Fund but come from the Minnesota Vehicle Excise Tax (MVET). He stated that the unified transit plan has been adopted and that dial-a-ride is being operated by Scott County. The city continues to operate van pool, the circulator and the express route. He identified the prospective sites for park and ride lots. He explained the balance of funds from MVET and that some will be used for the acquisition of land for a park and ride lot. Mr. Leek answered questions of the council members. Mr. Themig presented the work plan and budget request for the Park and Recreation Department. He identified the projects completed in 2004 and 2005 to date and what he expected to complete in 2005. He explained that the work plan included recreation activities, aquatics, ice arena, community center, park services, teen center, park development, natural resources, government buildings, and administration. Mr. Themig stated that there are no major requests added to the budget for 2006. Increases are do to increased participation and inflation. The need for recreational fund support is up 5% over 2005. He said that the Park and Recreation Advisory Board would like to talk about the level of support for the recreation fund as part of setting fees for 2006. There was discussion on a park development tech staff person to oversee the construction of projects. Possibilities included: someone from the engineering staff, someone desiring temporary employment, or contracting out for the services. Mr. Themig stated that staffhas not had sufficient time to discuss this yet. Mr. Themig stated that the proposed budget for the general government buildings, including city hall, library and community room at the high rise is at $522,970. There is no increase in the budget due to the decrease in the library depreciation. Mr. Voxland stated that the building rental charges have been standardized. Official Proceedings of the August 30, 2005 Shakopee City Council Page ~3~ Mr. Voxland stated that the main change in the equipment rental charges is an increase in the inflation factor for the fire trucks. He answered questions from council members. Mr. V oxland stated that the budget proposal for projected revenue is in more detail. The proposed budget is estimated to result in a stable tax capacity rate for 2006. Mr. McNeill stated that staffwanted to present to the Council the present budget for 2005 plus an inflation factor without adding to it. Each department was asked to prepare any stand alone items that they wanted Council to consider over and above their proposed budgets. He said that the base budget keeps a stable tax rate, it assumes no increase in the tax rate and any additions added to it will increase the taxes unless they are offset somehow. The stand alone items have not been prioritized by staff. Mr. McNeill stated that the stand alone items proposed for 2006 equate to $1.3 million. He identified the stand alone items in the administration department: a shared HR person, update the pay plan, Home Town Messenger, City Hall security system, communications coordinator, copier replacement, vehicle allowances for four employees. Mr. Leek identified the stand alone items in the community development budget: GIS specialist and an inspection plan reviewer. Mr. Hughes identified the stand alone items in the police department: four new police officers, transition into new firearms. Mr. Loney identified the stand alone items in the public works department: move the engineering department, black line machine, truck and car wash supplies, overhead door replacement, andADA upgrades (woodchips for play grounds). Mr. Themig identified the high priority stand alone items in the park and recreation department: community center water infiltration repair, an additional custodian position, a facilities maintenance position, position upgrades for the lead facilities maintenance position and customer service representative, diseased tree inspector, ADA modifications, park/open space boundary marking, and a temporary park development project manager. Medium priorities were left for the moment. LehmanlMenden moved for a 10 minute recess at 7:00 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at7:14 p.m. Before beginning discussion on the stand alone items identified by staff for 2006, Mayor Schmitt asked what is the status of the proposed budget less the stand alone items. Mr. Voxland stated that by keeping the same tax rate as 2005, there would be a $473,000 deficit. A one (1) point change in the tax rate would equate to $317..POP. Official Proceedings of the August 30, 2005 Shakopee City Council Page -4- Mr. V oxland explained that if Council went to a 45% fund balance/level, there would be $800,000 available. After discussion, there was a consensus to use $457,000 for the 800MHz from the $800,000 fund balance. Discussion ensued on the stand alone items. Staff was directed to prioritize the stand alone items and identify what items would be recommended to be included in the budget with a 0%, 1 %, and 2% rate increase. Helkamp/Menden moved to adjourn to 5:00 p.m. on Tuesday September 6, 2005. Motion carried 5-0. The meeting was adjourned at 7:42 p.m. 5~~'Cy:- City Clerk