Loading...
HomeMy WebLinkAbout5.F.2. Approval of Minutes: January 02, 2007 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,M~SOTA JANUARY 2, 2007 Mayor John Schmitt called the meeting to order at 7:00 p.m, with Council members Steve Clay, Steve Menden, and Matt Lehman present. Council Member Terry Joos absent at the time of roll call; arrived at 7:10 p.m. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant 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; Mary Tietjen, City Attorney; and Andrea Weber, Park and Recreation Landscape Design, Mayor Schmitt asked if there were any additions or deletions'to the agenda. Mark McNeill asked that S.F.S, SCALE Public Safety Training Facility, be deferred to another date. Mr. McNeill also stated that the public hearing for item 7, Vacation of easement at S90 Citation Drive, will be continued per the request of the applicant. Mr, McNeill stated that Council will open the hearing but it will be continued to the next meeting. Menden/Clay moved to approve the Agenda as amended. Motion carried 4-0. Mayor Schmitt stated there was nothing to report for the Mayor's report. Mayor Schmitt asked if there any additions or deletions to the Consent Agenda, Mr. McNeill stated that 5.A.2, Establishment of a Lateral Sewer Connection Charge Ordinance No. 775, there is an inaccuracy on page 3, the East and West of County Road 83 designations are reversed. Mr. McNeill advised Council that if they want to keep the item on Consent staff will make the correction in the final version. Mr, McNeill also stated that Cncl. Joos asked that S.EA, Fire Fighter Officer Pay for 2007, be removed for discussion from the Consent Agenda. Mayor Schmitt asked that S.F.I, City Bill List, be removed from the Consent Agenda for discussion. Lehman/Menden moved to approve the modified Consent Agenda. Mr. McNeill read the consent business actions. Motion carried;S-O. Lehman/Menden moved to approve the extension of the consultant contract to January I, 2008 for WSB & Associates" Inc, and Bonestroo, Rosene, Anderlik & Associates, Inc. (Motion carried under the Consent Agenda) LehmanlMenden offered Ordinance No. 77S, Fourth Series, An Ordinance Amending Fees by Adding A Lateral Sanitary Sewer Connection Charge for the CSAH 83 Sanitary Sewer Project, and moved its,adoption, (Motion carried under the Consent Agenda) Lehman/Menden moved to approve plans and specifications and authorize bidding for an ice resurfacer. (Motion carried. under the Consent Agenda) LehmanlMenden moved to authorize one-year contract extension with Midwest Coca-Cola and Midwest Vending for providing beverage and snack vending, (Motion carried under the Consent Agenda) Official Proceedings of the January 2, 2007 Shakopee City Council Page -2- LehmanlMenden moved to accept with regret and many thanks for years of fine service to the City and its residents, the resignation of Michael Willard from the Board of Adjustments and Appeals/Planning Commission effective upon naming of his replacement, and to authorize the appropriate City officials to begin the process of filling the vacancy created by Mr. Willard's resignation. Also, offered Resolution No, 6554, A Resolution of Appreciation to Michael Willard for his Service on the Shakopee Board of Adjustment and Appeals/Planning Commission, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Menden moved to authorize the appropriate City officials to execute the agreement with Scott County for Phase II Construction of Southbridge Crossings Station park and ride. (Motion carried under the Consent Agenda) Lehman/Menden moved to appoint Craig Robson to the position of Captain with the Shakopee Police Department, at Grade 10, Step B of the non-union pay plan, effective January 8, 2007 and subject to a six month probationary period; and to authorize pay for performance according to the police sergeants existing labor agreement; and the buy back of existing comp time hours at the current rate of pay of Sergeant Robson. (Motion carried under the Consent Agenda) Lehman/Menden moved to accept the retirement notice of Marilyn Remer and to offer Resolution No. 6557, A Resolution of Appreciation to Marilyn Remer, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Menden moved to grant Mark Nobel full-time, regular status as a Planner II. (Motion carried under the Consent Agenda) LehmanlMenden moved to approve the minutes of the December 4, 2006 City Council meeting. (Motion carried under the Consent Agenda) LehmanlMenden moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2007. (Motion carried under the Consent Agenda) LehmanlMenden moved to endorse the Council Meeting Procedures as outlined in the December 27,2006 memo from Mayor Schmitt. (Motion carried under the Consent Agenda) Lehman/Menden moved to affirm the appointments of Council Members to various offices/liaison posts for 2007 as outlined in the January, 2007 memo from Mayor Schmitt. (Motion carried under the Consent Agenda) Lehman/Menden moved to approve the applications and grant an off sale 3.2 Percent Malt Liquor License and a Tobacco License to Ravi Kant, dba Shakopee Kwik Mart, 234 West First Avenue. (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 reopen the public hearing for the proposed vacation of an easement at 590 Citation Drive. Motion carried 5-0. Official Proceedings of the January 2, 2007 Shakopee City Council Page -3- Mayor Schmitt stated that the applicant, McCarthy Well Company, has asked to continue the hearing due to do a family issue. Mayor Schmitt stated the hearing will be continued to January 16,2007. Lehman/Joos moved to continue the public hearing on the proposed vacation of an easement at 590 Citation Drive to January 16,2007. Motion carried 5-0. Mayor Schmitt stated that items removed from the Consent Agenda will be discussed at this time. Mr. McNeill stated that because two of the items removed are related to the Fire Department Mr. McNeill asked that the removed Consent Agenda items be discussed at approximately 8:30 when Fire ChiefSchwaesdall would be in attendance. Mayor Schmitt asked for the Council's Liaison Reports. Cncl, Clay had nothing to report. Cncl. Joos said he attended the Utility meeting. Cncl. Joos said that at the Utility meeting the water rates were discussed and there will be an increase in the billing. Cncl. Joos also stated that the Utility Commission would also like to meet with the City Council regarding their contribution to the City and how it is figured. Cncl. Joos also stated that the Utility Commission has proposed to put a line item on the utility bills for the street reconstruction projects. Cncl. Menden had nothing to report. Cncl. Lehman had nothing to report. Andrea Weber, Park and Recreation Landscape Design, presented Council an application for renaming the Southbridge Savannah Oaks Neighborhood Park. Ms. Weber stated that staff received and application for Park Naming from a resident of the Savannah Oaks neighborhood in November. The park naming application is the first to be received from a resident since the adoption of the Park Naming Policy. Ms. Weber stated that Lorie Kortgard, a resident of the Southbridge Development, has made the park naming application on behalf of the Dietzel Family and their daughter, Ellianna Grace Dietzel, who was killed in an automobile accident at the age of 18 months. Ms. Weber stated that the Parks and Recreation Advisory Board recommended to the City Council that the naming request be respectfully declined, primarily because it didn't fit the criteria set forth in the naming policy. Ms. Weber stated that the Advisory Board suggested a small memorial be placed at the park but the Dietzel family declined. Cncl. Menden stated he would like the applicant to address the Council regarding the request. Lorie Kortgard, 6362 Oxford Rd. N" addressed the Council. Ms. Kortgard stated that she understands why the Park Board chose to deny the request but feels that the naming policy puts a lot of emphasis into naming parks and feels this situation fits the criteria. Ms. Kortgard also stated that there was positive overwhelming neighborhood response to naming the park after Ellianna Dietzel. Ms. Kortgard also said that because it is a neighborhood park that Ellianna would have played at she feels it makes sense to name the park after her. Joos/Clay moved to deny the naming application for the Southbridge Savanna Oaks Park. Discussion followed. Cncl. Joos stated that this is a difficult decision to make. However, the policy developed is a good policy and makes sense. Cncl. Joos feels that approving the request could cause problems Official Proceedings of the January 2, 2007 Shakopee City Council Page -4- and conflicts in the future, Cncl. Joos suggested a memorial plaque at Huber Park or a memorial for Adopt A Highway program. Cncl. Menden agrees with Cncl. Joos that the City has a good policy in place and the City to needs to adhere to the policy. Cncl. Lehman has mixed feelings regarding the issue. Cncl. Lehman feels that the Council Members are there to represent the citizens of Shakopee and the petition submitted is representative of those people. Cncl. Lehmanalso feels that the policy is there for a reason. Cncl. Clay said that ifthe Council varies from the policy the City could end up making a.choice between two tragedies if two families wanted to name a park after a family member. Cncl. Clay admitted this is a tough decision to make. Mayor Schmitt feels that over a period of time the remembrance of the child is lost. Mayor Schmitt said that the City has to follow the policy drafted by the Park and Recreation Department and was approved by the Council. Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman dissenting. Andrea Weber addressed the Council regarding the Off-Leash Dog Park Project and asked for approval to move ahead with schematic design, formal cost estimates and an implementation plan, Ms. Weber stated that the Park and Recreation Department has been asked several times by residents about the feasibility of creating an off leash dog area in Shakopee. In 2005 preliminary site evaluations were conducted and presented to the Advisory Board. The site preferred by the Advisory Board was Memorial Park. Because the Scott County Soil and Water Conservation District was unwilling to work with the City to study the concept, work stopped on the project. Ms. Weber said in 2006 a residential group formed and conducted six meetings. During that time, previously reviewed sites were discussed and new sites were identified. The group also developed draft rules and operating procedures, and posted petitions supporting the dog park in several local facilities. Ms. Weber stated that two sites were selected most feasible to accommodate a Dog Park. Ms. Weber said Blue Lake and Tahpah Park were presented to the Advisory Board. The Advisory Board recommended allocating $15,000 from the 2007 CIP (small projects) fund. Ms. Weber also stated there are several groups who have expressed an interest in helping with volunteer labor. Cncl. Menden asked Ms. Weber how large of an area would need to be fenced in at the Tahpah Park site. Ms. Weber stated that according to the feedback the larger the area would be the best scenario. Ms. Weber also stated that the group has looked at the Scenic Heights hockey area as a site that could be used during the summer time. Ms. Weber stated that Eden Prairie uses several of their hockey rink areas. Official Proceedings of the January 2, 2007 Shakopee City Council Page -5- Cncl. Lehman asked Ms. Weber that if$15,000 will be used from the 2007 CIP "Small Improvement Project" and the cost for the park project could be in excess of $33,000, where the $17,000 is going to come from. Ms. Weber stated that a major contribution from volunteers would reduce the cost significantly, Ms. Weber stated that the high school construction class is interested in working on this site as well. Cncl. Lehman said he is concerned about the $15,000 corning from the CIP because there is only $20,000 in that budget. Cncl. Lehman feels that if the dog park is located at Tahpah Park it would only be short term or for 5 years. Cncl. Lehman feels that if a dog park is going to be developed it should be in a more permanent or long term site like the Blue Lake option. Ms. Weber stated that Mark Themig has had some discussions at a staff level regarding the cost of the Blue Lake sight. Ms. Weber said a presentation would need to be made to Met Council. Mr. Themig stated that the local Met Council Representative liked the dog park idea but also stated that he was advised not to submit a proposal to the higher levels of the Met Council. Mr. Themig requested that a Council member be designated to represent the City to the Met Council. Cncl. Clay was wondering if there has been any discussion as to who's going to enforce the rules and regulations at the park. Ms. Weber stated that there has been discussion with Capt. Tate of the Shakopee Police Department. Ms. Weber stated that Capt. Tate proposed the additional Community Service Office that will be hired during the summer could dedicate several hours at the park. Barbara Vanch, 680 Jackson St. S., stated to Council that she has received comments from community members who pay taxes who are in favor of the dog park. Laurie Gregor, 1139 Hawthorn Circle, stated she has been involved with the Baseball Association for the past 15 years. Ms. Gregor said she is concerned about placing a dog park on a baseball field that the Baseball Association may never get back. Ms. Gregor also stated that she is a dog owner and she doesn't feel that the people that would use the park would mix well with the groups that are using the park Monday through Friday evening. Ms. Gregor said the parking lot on those nights is full and it would be very difficult for people wanting to use the dog park to find parking. Ms. Gregor stated that she is very much in favor of a dog park but doesn't feel Tahpah Park is the right place for it. Byron Thomas, 1747 13th Ave. W., feels that Tahpah Park has great accessibility via the trail system and parking to accommodate a dog park. Mr. Thomas thinks for the time beingTahpah Park would be the best choice for a dog park. Bill Krause, 864 Basenji Curve, stated he is the current President of the Shakopee Youth Baseball Association (SYBA). Mr. Krause stated that the land at Tahpah Park was set aside for a future baseball field and emphasized that Tahpah Park is a sport complex and doesn't feel that it could accommodate a dog park. Mr. Krause also disagrees with expending money on a temporary site for a dog park. Rob Schultz, 1020 Madison St., stated that he is working to become an Eagle Scout and has taken on the fundraising part of the dog park. Mr. Schultz stated that the money raised would cover the costs and there wouldn't be a need to take the money from the City's budget. Official Proceedings of the January 2,2007 Shakopee City Council Page -6- Cncl. Lehman asked Mr. Themig about the site where the future archery range is going to be located. Mr. Themig stated that it was a consideration but the U.S. Fish and Wildlife own the surrounding land. Mr. Themig also stated that he has not explored the possibility of approaching the private sector to see if anyone would be interested in leasing land. Mr. Themig stated that Parcel 37 by Shakopee Town Square was also a consideration. Mr. Themig stated that Parcel 37 would be an ideal place for a dog park however he has not had any success in getting responses from the Mn!DOT with regard to Parcel 75. Cncl. Lehman offered to be the elected official to help the dog park group facilitate with Met Council regarding the property at Blue Lake. Cncl. Lehman also offered to contact Mn/DOT regarding Parcel 37. Cncl. Joos stated he would also help Cncl. Lehman in contacting other resources. Cncl. Menden stated that he is in favor of using Tahpah Park because of the parking and trail accessibility. Cncl. Menden would also like more research done on the Scenic Heights hockey rink to see if it' s possible to use that site for a temporary basis. Lehman/Joos moved to direct staff to continue working ()n the concept of a dog park using Blue Lake as, its first recommended option, but not ruling out Tahpah Park as a temporary solution, and to bring back information to Council, with Council helping out making contacts with MnlDOT and Met Council. Motion carried 5-0. LehmanlMenden moved to recess for five minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:20 p.m, LehmanlMenden moved to table the Appeal fromISD 720 of the Board of Adjustment and Appeals Determination on signage with a scrolling message board located at the new High School. on 17th A venue to January 16, 2007. Motion carried 5-0. Michael Leek presented Council with The Bluff s of Marystown Environmental Assessment Worksheet (EA W). Mr. Leek stated that the purpose of the EA W is to identify potential environmental impacts and determine whether or not an Environmental Impact Statement (ElS) is required. Mr. Leek also presented Council with a summary of major comments from the US Corps of Engineers, Scott County Public Works, Shakopee Environmental Advisory Council, and the Department of Natural Resources. Mr. Leek summarized them as: 1. Scott County had additional questions and concerns regarding traffic impacts in the area. 2. The EAC requested additional background information that has been provided in comment/response memo. Some of their questions will need to be addressed during the platting process 3. The DNRnoted that the Shakopee Public Utility Commission may need to obtain a DNR water appropriation permitto supply water to this development. Official Proceedings of the January 2,2007 Shakopee City Council Page -7- Mr. Leek stated that based on the information in the EA Wand the review agency comments' regarding the EA W, the project does not have the potential for significant environmentalimpacts that cannot be addressed as part of the permitting process. Mr. Leek stated that WSB and Associates has recommended that an ElS is not required. Cncl. Joos stated he had a question regarding Scott County's EA W comments. Cncl. Joos questioned their comment regarding their recommendations of right-of-way preservation for accommodating a minimum four-lane divided design on all County Roads, Cncl. Joos also questioned Scott County's comment regarding CSAH 78 as a minor arterial to a principal arterial. Mr. Leek offered to incorporate Cncl.Joos's comments into the response letter to Scott County. Cncl. Joos also brought up the comment the County made with regard to opposing the School District building a school adjacent to CSAH 78. Mayor Schmitt also disagreed with this comment. Mr, Leek stated that the response letter to Scott County addresses this issue, Mayor Schmitt stated his concern is the extension of 17th A venue through theprop6s~d development. Mayor Schmitt would like Mr. Leek to address in the response letter to Scott County the future of 17th A venue being extended to Old Brickyard Road. Menden/Joos moved to approve Resolution No. 6555, A Resolution of the City of Shako pee, Minnesota, Making A Negative Finding on Need for an Environmental Impact Statement (ElS) for the Project Generally Known as "The Bluffs", and also the Findings of Fact and Conclusions. Discussion followed. Mr. Joos asked the applicants, D.H. Horton, if they wanted to comment at all about the EAW. Michael Suel of D .H. Horton stated that the comments made by other agencies can be worked out in the design process, Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Mr. McNeill presented Council with the pay increases for the Fire Officers. Mr. McNeill said earlier in the day he had received a request for information relating to how the pay increases compare to other Fire Departments. Mr. McNeill said the only information obtained was a Stanton Group Survey for paid on-call Fire Chiefs. Mr. McNeill said he does not have any survey information that can do a good comparison of the other officers in the department. Cncl. Lehman asked Chief Schwaesdall why there is no change in the 1 st and 2nd Assistant Engineers and the 5th and 6th Captains positions. ChiefSchwaesdall said the Engineer jobs are to schedule maintenance of the trucks with the City's Maintenance Department and other smaller items. Chief Schwaesdall feels that there doesn't need to be a change in their pay do to the City's Maintenance Department ability to maintain the fire trucks. Cncl. Lehman then asked about the 5th and 6th Captain positions. Chief Schwaesdall feels that they are entry level positions into an officer. Chief Schwaesdall feels they need to know the job better to receive a pay increase. j Official. Proceedings of the January 2,2007 Shakopee City Council Page -8- Cncl. Joos asked ChiefSchwaesdall how he arrived at the pay increase numbers that were presented to Council. Chief Schwaesdall stated that the Chief s pay was based on the Stanton Survey. The rest of the position pay increases were based on time they put in to the department. ChiefSchwaesdall stated that the Assistant Chiefs help deal with department issues and meetings. They also help manage the Captains and the fire fighters. Chief Schwaesdall said the 15t Captain/Training Officer position has a large increase in pay due to the demands of the position. Cncl. Joos asked if the officers are also receiving fire call pay, ChiefSchwaesdall stated that they do receive fire call pay along with officer's pay. Cncl. Joos then asked which officers take home fire vehicles. Chief Schwaesdall stated that the Chief and two Assistant Chiefs have fire department vehicles. Cncl. Lehman asked about the Firefighter Mandatory Meetings or Events they are required to attend. Cncl. Lehman was wondering ifthe department has a list of those meetings and events. Chief Schwaesdallsaid there wasn't a list but attendance ofmand.atory meetings is required. , , Cncl. Joos asked Ms. Wilson if she knew what a Fire Department Officer's pay with calls for service pay was for the year 2006. Ms. Wilson said she did not have that information but could easily get that information for Cncl. Joos and send him the information. Mr. McNeill believed that an estimate cost for fire fighters was approximately $4,000 to $7,000 a year and officers would receive their officer's pay on top of that amount. Menden/Clay offered Resolution No. 6556, a Resolution Adopting the 2007 Pay Schedule for Officers of the Shakopee Fire Department, and moved its adoption. Discussion followed. Cncl. Menden asked Chief Schwaesdall if the Council will be receiving further pay increase requests in the future. Chief Schwaesdall stated that to avoid large pay increases every five or six years is to have pay increases yearly based on a percentage. Cncl. Joos stated that if the City moves forward in the direction of yearly wage increases the fire fighters should be considered City employees and not paid on-call fire fighters. Cncl. Joos asked Ms. Wilson if the way things are currently run in the Fire Department are the Fire Department members required to follow City employee polices and procedures. Ms. Wilson stated that right now it's mixed. Ms,Wilson said the Fire Department members do adhere to the City's personnel policy except where they conflict directly with the by-laws of the Fire Department. Cncl. Joos feels that if the City moves forward with some of the issues such as pay raises, cost of living and all the other benefits that go along with the officers that it should match the City's personnel policies. Cncl. Joos also stated that there should be something done with regard to the hiring practices and how that is accomplished through the City. Cncl. Joos feels there should be more accountability to the Council and accountability to the City. Chief Schwaesdall stated that the Fire Department members are city employees. They adhere to the rules of the city's employee handbook and are also required to go through psychological testing. Chief Schwaesdall also said the Fire Department by-laws are approved by Council after the City Attorney reviews it. Chief Schwaesdall said that all Fire Department employees have to follow the rules and regulations of the fire department as well as the city personnel handbook. Official Proceedings of the January 2, 2007 Shakopee City Council Page -9- Mayor Schmitt asked for a vote on Resolution 6556. Motion carried 4-1 with Cncl. Joos dissenting. Mr. McNeill presented Council with two purchases for the Fire Department that appear to be in conflict with past policy, Mr. McNeill stated that one invoice is in the amount of $9,000.00 for AN equipment and the other invoice in the amount of$8,981.50 also for AN equipment. Mr. McNeill stated that Council's policy is that if an invoice is over $10,000.00 it should have prior Council approval. Mr. McNeill also stated that there is questions as to if the equipment is capital equipment items. Chief Schwaesdall stated the first invoice for $9,000.00 from Clarity is for the replacement of two Sony video projectors at Fire Station 51. The second invoice in the amount of$8,981.50 from Lyalcom is for cabling, training and fire simulator software to go along with the projectors. Chief Schwaesdall also stated that he was under the impression that if equipment is over $10,000.00 he would need approval from Council and anything below that he thought he could purchase without Council's approval. Chief Schwaesdall also stated that in the near future he will be presenting Council with a request to upgrade other equipment in the station because more in-house training is being done and the current equipment does not accommodate that need. Chief Schwaesdall said that equipment is approximately $15,000.00 Mr. McNeill asked ChiefSchwaesdall ifthe $15,000.00 future request will be corning from the 2007 budget. Chief Schwaesdall stated it would be corning from the 2007 budget. Mr. McNeill asked ifthe equipment request was included in the Fire Department's 2007 budget. Chief Schwaesdall stated it was not included in the 2007 budget. Mayor Schmitt'asked if the two invoices in question were budgeted in the 2006 budget. Chief Schwaesdall stated they were not included in the 2006 budget. Mayor Schmitt stated that the Council will need budget'amendments for 2006 and 2007in order to approve the items so the invoices can be paid. Gregg V oxland, City Finance Director, advised Council that the two Sony projectors were $4,500.00 each and would not meet the $5,000.00 capital improvement threshold. The other invoice is for installation, software and training and would not be capitalized. Chief Schwaesdall stated that he had money left over in his 2006 training budget and that is why he purchased the equipment. He said the equipment purchased is for training purposes. Mayor Schmitt stated that the current purchases as well as the future purchases totaling approximately $33,000.00 were not considered in either the 2006 or 2007 budget. Mayor Schmitt stated that the invoices should not be paid until the budget authorization is made and presented to Council. Mr. McNeill stated that the Fire Department is already in possession ofthe software and the projectors and the invoices would need to be paid. Cncl. Joos stated that during the budget process the City needs to be aware of all purchases so the Council can have a say on it. Cncl. Joos said that everything needs to be on the table such as J Official Proceedings of the January 2, 2007 Shako pee City Council Page -10- under-spend. Cncl. Joos said it's hard for Council to do their job if they are not aware of all purchases and under-spends. MendenlLehman moved to approve the bills in the amount of $622,879.36 minus the invoice for Clarity in the amount of $9,000.00 and Lyalcom for $8,981.50. Motion carried 5-0. MendenlLehman moved to direct staff to come back with an appropriations request for the purchased AIV equipment and also to incorporate the Fire Chiefs request for additional funding for additional audio purchases. Discussion followed. Cncl.Lehman stated that he wanted to add an amendment that the motion includes a presentation of the equipment being purchased, if available, Motion carried 5-0. Kris Wilson presented Council with the Social Security and PERA Options for Elected Officials. Ms. Wilson said that new state law provides elected officials of local units of government with new options related to Social Security and PERA. Ms. Wilson stated that local officials taking office after June 30, 2002 have been required to choose between having Social Security withheld from their wages and contributing to PERA's Defined Contribution Plan. Ms. Wilson said that changes to state law have now made it possible for elected officials to participate in both Social Security and PERA, if their local unit of government elects to provide this option. Ms. Wilson said that if Council elects to participate in both programs, all current elected officials would have an individual choice to stay with their status quo or make.the change. Ms. Wilson did state that all future elected officials would automatically fall under the new system which would be that all elected officials pay into Social Security and have the option to participate in PERA. Ms Wilson stated that three of the five elected officials are participating in one or the other and the City is making the corresponding employer contribution. Ms. Wilson stated that if the Council decides to move forward to the new system the approximate extra cost to the City would be $1,250.00 or more in 2007, ' Joos/Lehman moved to directed staff to proceed with the process of adopting the new system that will allow elected officials to participate in both Social Security and PERA. This will require adoption of a resolution prepared by PERA, which could be done at the next City Council meeting. Motion carried 5-0. Mr. McNeill presented Council with City Attorney, Jim Thomson's memo regarding the City Council voting question. Mr. McNeill said that in Mr. Thomson's memo he states that after the Chairperson announces the vote the only way that a vote can be changed, if it is incorrect, is if there is a unanimous consent of those present to a.llow that change. Mr. McNeill stated that Mr. Thomson also commented on the right to abstain. According to Robert's Rules a person can do that, however according to the Council Policy it conflicts with Official Proceedings of the January 2,2007 Shakopee City Council Page -11- Robert's Rules. Mr. McNeill said the Council Policy encourages votes to betaken regardless of whether one feels they want to or not. Cncl. Lehman stated that the reason he did not vote on the motion in question is because he was in shock as to the heated discussion that ensued. Cncl. Lehman stated his abstaining in the vote was not to take a position in the issue. Joos/Menden moved to change the Minutes of the November 21,2006 City Council meeting to reflect Cncl. Lehman's vote on Resolution No. 6539 (regarding the compensation policies for the Fire Department) to be recorded as an abstention rather than a "yes" vote. Motion carried 5-0. MendenlJoos moved to approve the Minutes of the November 21,2006 meeting. Motion carried 5-0. Mayor Schmitt asked if there any council concerns. Cncl. Joos stated that he had the opportunity to serve in the United States Coast Guard from 1973 to 1977. Cncl. Joos stated that he was fortunate enough to serve under President Gerald Ford. Cncl. Joos wanted to offer his condolences to his family and thank him for his service to our Country. Joos/Clay moved to offer condolences to President Gerald Ford's family and thank him for his service to the United States. Motion carried 5-0. Mr. McNeill asked what Council would like done with the motion. Cncl. Joos stated he would like to see a resolution reflecting the motion. Mayor Schmitt asked if there was any other business to discuss. Cncl. Menden asked Mr. McNeill about the updating of the Transportation Plan and asked if that plan will cover the extension of 17th Avenue. Mr. McNeill stated that he would pass that on to the Comprehensive Planning Committee. Mr. McNeill stated that if it is the intent of the Council to extend 17th Avenue west to Old Brickyard Road, it would be included. Lehman/Joos moved to recess to executive session to discuss labor negotiations at 10:10 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 10:23 p.m. and stated that no action was taken during the executive session. Lehman/Clay moved to adjourn to Tuesday, January 16,2007 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 10:23 p.m. ~~ox~. ~ 'ty Clerk Kim Weckman Recording Secretary