HomeMy WebLinkAbout6.F.2. Approval of Minutes: March 20, 2007
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 20, 2007
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; 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 that 5.F.6, Application for Tobacco License - Super Marcado Celeste Inc., be deleted from
the agenda.
Joos/Clay moved to approve the agenda as amended. Motion carried 5-0.
Mayor Schmitt stated there was nothing to report for the Mayor's Report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda as
published. Cncl. Menden asked that 5.E.3, Resignation of Mark Themig, Parks, Recreations and
Facilities Director, be removed from the Consent Agenda.
Lehman/Joos moved to approve the Consent Agenda as modified. Mr. McNeill read the consent
business. Motion carried 5-0.
Lehman/loos authorized staff to enter into an agreement with Metro Sales for a 36 month lease
and service contract on a Ricoh MPC 4500. (Motion carried under the Consent Agenda)
Lehman/Joos offered
1. Resolution No. 6593, A Resolution Accepting Bids on the 2007 Cemetery Access
Improvements, Project No. 2007-7, and moved its adoption.
2. Approved a 5% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on this project.
3. Authorized the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. to perform construction staking services on the 2007
Cemetery Access Improvements.
(Motion carried under the Consent Agenda)
Lehman/Joos authorized staff to contract with Hydro-Vac, Inc. for the television inspection of
60,000 linear feet of sanitary sewer main at a cost of$0.375 per linear foot with funding to be
expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda)
Lehman/Joos authorized the appropriate City officials to execute the Memorandum of
Understanding for Acknowledgement of Public Authority Responsibility between the Shakopee
Mdewakanton Sioux Community, City of Shako pee, City of Prior Lake, Scott County and the
Bureau of Indian Affairs. (Motion carried under the Consent Agenda)
Official Proceedings of the March 20, 2007
Shakopee City Council Page -2-
Lehman/Joos approve the Stipulation of Settlement as to Parcel No.1, 2 and 3 and authorize the
final payment of $24,900.50 to Gene Hauer Farms Limited Partnership for the 1 ih Avenue
Project, Project No. 2006-1. (Motion carried under the Consent Agenda)
Lehman/Joos moved to authorize staff to purchase one (1) new Toro 580D mower from MTI
Distributing using State Contract Pricing # M-448 for the purchase price of$73,776.81 including
tax and trade. The cost to be expended from the Capital Equipment Fund. (Motion carried under
the Consent Agenda)
Lehman/Joos moved to authorize staff to purchase one (1) nbw Case DV201 Roller and one (1)
new Quipnet model QT-12T Trailer from St. Joseph Equipr4ent, Inc. for the purchase price of
$34,584.48. With the cost to be expended from the Capital :pquipment Fund. (Motion carried
under the Consent Agenda) I
Lehman/Joos moved to authorize the appropriate officials to sign the "Recycling Program
Agreement" by and between Scott County and the City of Shakopee for Spring Clean Up Day.
(Motion carried under the Consent Agenda)
I
Lehman/Joos moved to authorize the promotion of Scott BIQm to the position of Maintenance
Operator, at wage step 1 of the current labor contract ($17.7'B5 per hour) and subject to a one-
year probation period. (Motion carried under the Consent Agenda)
Lehman/Joos moved to authorize appropriate staff to begin the hiring process for the position of
Mechanic's Apprentice in the Public Works Department, to include advertising the position and
interviewing qualified candidates. (Motion carried under the Consent Agenda)
Lehman/Joos moved to approve the bills in the amount of $704,067.96. (Motion carried under
the Consent Agenda)
Lehman/Joos moved to approve the City Council minutes offot February 20,2007 and March
06,2007. (Motion carried under the Consent Agenda)
Lehman/Joos offered Resolution No. 6592, A Resolution of the City of Shako pee, Minnesota,
Approving a Premises Permit for the VFW Post 4046, and moved its adoption. (Motion carried
under the Consent Agenda)
Lehman/Joos offered Resolution No. 6591, A Resolution Apportioning Assessments Among
New Parcels Created As A Result Of The Platting of Riverside Bluffs 1 st Addition, and moved
its adoption. (Motion carried under the Consent Agenda)
Lehman/Joos moved to authorize the expenditure of additional funds in order to replace the panic
bars on the east and west entrance to the City Hall building and properly connect them to the key
card access system, at a cost not to exceed $6,850, to be taken from the General Fund fund
balance. (Motion carried under the Consent Agenda)
Lehman/Joos moved to accept the resignation of Robert J. Smishek from the Building Code of
Adjustment and Appeals and the Housing Advisory and Appeals Board, with regrets. (Motion
carried under the Consent Agenda)
Official Proceedings of the March 20, 2007
Shakopee City Council Page -3-
Lehman/Joos moved to authorize city staff to provide financial services to the Tri-city Tactical
Team utilizing the City checking account. (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.
Mark McNeill presented Council with the resignation of Parks, Recreation, and Facilities
Director Mark Themig. Mr. McNeill said a workshop date will need to be set up to discuss Mr.
Themig's replacement.
Cncl. Menden stated that he wanted to recognize Mark Themig's service to the City of
Shakopee. Cncl. Menden also wanted to compliment him on allowing the City the flexibility to
fill his position since Mr. Themig will not be leaving until July 31, 2007.
Joos/Lehman moved to accept with regret the resignation of Mark Themig as Parks, Recreation,
and Facilities Director effective July 31, 2007. Motion carried 5-0.
J oos/Menden moved to recess for the Economic Development Authority Meeting. Motion
carried 5-0.
Mayor Schmitt reconvened the meeting at 7:12 p.m.
Mayor Schmitt asked for the Council Liaison reports. Cncl. Lehman stated he will defer to the
next meeting. Cncl. Joos stated he attended the Shakopee Public Utility Meeting. Cncl. Joos
stated that Utility Commissioner Joan Lynch resigned after serving nine years on the
commission. Cncl. Menden stated he attended the School Board meeting. Cncl. Menden stated
that Superintendent McBroom extended thanks to the City for the Pike Lake Road extension to
the new elementary school. Cncl. Clay stated he will defer to the next meeting.
Mr. McNeill asked to establish a workshop session on April 1 0, 2007 to discuss a variety of
. Issues.
Lehman/Clay moved to establish a workshop meeting on Tuesday, April 10, to begin at 6:30
p.m. Motion carried 5-0.
Gregg V oxland, Finance Director, presented Council with the Bids for land sale north of the
Library. Mr. Voxland stated that the high bidder, Dr. McGraw, has not executed the purchase
agreement for $60,000 with a $5,000 deposit.
Mr. V oxland stated that in anticipation of all bids being rejected, staff discussed an offer with Dr.
McGraw who is still interested in purchasing the property subject to soils investigation and the
site being "buildable". Mr. Voxland stated that Dr. McGraw signed a revised purchase
agreement with his offer to purchase for $17,700.00 (which is the Assessor's market value) and
also wrote a check for $5,000 earnest money.
Official Proceedings of the March 20, 2007
Shakopee City Council Page -4-
Mr. Voxland stated that the cost for the City to do a Phase I investigation is $1,800 and the geo-
technical soils test is about $3,000. Mr. Voxland stated that Dr. McGraw included the City doing
these tests as part of his offer. Mr. Voxland said that if Phase II environmental test is
recommended, Dr. McGraw stated that he would pay for the Phase II ifhe wanted to go ahead
with it. Phase II costs are approximately $5,000 to $10,000.
Cncl. Lehman asked Cncl. Menden what the likelihood is for a Phase II being needed on this site.
Cncl. Menden, who is an Environmental Engineer and works for an environmental consultant
firm and has done work on Phase I, II and III projects, stated that there is a strong likelihood that
Phase II would be necessary.
Joos/Menden moved to reject all bids for the sale ofthe triangle parcel north of the library.
(Parcel No. 27-149003-0) Motion carried 5-0.
Joos/Clay moved to approve a purchase agreement with Dr. McGraw for the triangle parcel north
of the library, as presented, with the amendment addressing the issue of the Phase II
environmental test as the buyer's responsibility. Discussion followed.
Cncl. Clay asked that since the Council already voted to reject all bids can a purchase agreement
be drawn up without reopening the bids again.
Mr. Thomson, the City Attorney, said there is no requirement to bid for the sale ofland. The bid
process is for the purchase and the sale of equipment and supplies. There is no legal requirement
for the method of selling land.
Mayor Schmitt asked for a vote on the motion. Motion carried 3-2 with Cncl. Menden and Cncl.
Lehman dissenting.
Mr. McNeill stated that for reasons unknown Luis Canchari was not present to make his
scheduled presentation to the Council concerning issues that he has with the Shakopee Police
Department and the District court system.
Joos/Menden moved to adjourn to Tuesday, April 3, 2007, at 7:00 p.m. Motion carried 5~0.
The Council meeting ended at 7:45 p.m. on March 20, 2007.
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J (lith S. Cox
ity Clerk
Kim Weckman
Recording Secretary