HomeMy WebLinkAbout7.F.2. Approval of Minutes: May 15, May 29 and May 30, 2007
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MAY 15, 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. Terry Joos absent. Also present were Mark McNeill,
City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek,
Community Development Director; Bruce Loney, Public Works Director/City Engineer; and
Mark Themig, Parks Recreation and Facilities Director.
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The Pledge of Allegiance was recited.,p,~~'"
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Mayor Schmitt asked if there were any additions or deletions to the a&werr(fii: Mr~cNeil9sked
that item 16, Recess for Executive Session to discuss pending litigati~ be Cl!ietecfIti?Jll.4fue
agenda. Mr. McNeill stated asked that 13.F.1. be added to discu~ sp~Tneeti~ ~e before
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Menden/Clay moved to approve the modified agenda. Motio~jj.'4-0. r
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Mayor Schmitt gave the Mayor's Report. Mayor Scinitt staiei;he recorded a bit on KSTP TV
to promote Shakopee's 150th anniversary celebration.1mg withlBe grand opening of Huber
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Mr. McNeill stated the City has retirem~J;lt'J21atl~s~~~~~ Willard and Deb Amundson but
neither was able to attend the Coun~~qg to~,giveifthe plaques. Mr. McNeill stated that
the plaques will be delivered at afutut~; ~,;
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Mayor Schmitt asked if there~ an~ add~J:l,stor deletions to the Consent Agenda as
published. Cncl. Menden asked tlr1(~ .A.l., Fftial Payment to CenterPoint Energy for Gas Main
Relocation for the 1 ih ~lJe Imp~ltl..s::nt Project, Project No. 2006-1, be removed from the
agenda. ';" '~:::" , Y
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Lehman/Clay~moved1:~appr'\ve the Consent Agenda as modified. Mr. McNeill read the consent
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o/~~. OffereqRe~fution No. 6607, A Resolution Accepting Bids on the 2007 Street
~econs!uction, Project No. 2007-2, and moved its adoption.
2.~~d a 5% contingency amount on this project for use by the City Et).gineer in
autnorizing 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 Street
Reconstruction Improvements.
4. Authorized the appropriate City officials to execute the agreement between the City of
Shakopee and Milwaukee Manor Association for a storm sewer extension along
Dakota Street. (Motion carried under the Consent Agenda)
Official Proceedings of the May 15, 2007
Shakopee City Council Page -2-
Lehman/Clay
1. Offered Resolution No. 6608, A Resolution Accepting Bids on the 2007 Bituminous
Overlay, Project No. 2007-5, 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. Authorize the appropriate City officials to execute an extension agreement with WSB
& Associates, Inc. to perform construction staking services on the 2007 Bituminous
Overlay Project. (Motion carried under the Consent Agenda)
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Lehman/Clay offered Resolution No. 6611, A Resolution Approving Plans ~srSpeaIriitions
and Ordering Advertisement for Bids for the 2007 River District Sewer ~pr'5\~ments, ~ject
No. 2007-1, and moved its adoption. (Motion carried under the Cons~fAgend~ i
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Lehman/Clay offered Resolution No. 6612, A Resolution Appro~g P~"SpeciJtations
and Ordering Advertisement for Bids for the 2007 Vierling DJive Theil E~ion,z;i>roject No.
2007 -4, and moved its adoption. (Motion carried under th~sent 1\genda~:
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Lehman/Clay moved to authorize the appropriate CityiIT"'fia~to ex~_e the extension
agreement with WSB & Associates, Inc. for construiion enii.ring se~es for Pike Lake Road,
from CSAH 16 to 1100 feet south, Project No. 2007-~(Motiotfiarried under the Consent
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Lehman/Clay moved to declare the 19~~ui~~~~Du.e, VIN: IG4CW52K7W4603127 and
the 1995 Dodge Intrepid, VIN: IB3~56~F5~,~6 assurplus property. (Motion carried
under the Consent Agenda) -m;~ h~, de11 ~
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Lehman/Clay moved to authoW~.anJscapi~:'~flrk at Sand Venture Aquatic Park to be done by
Mom's Landscaping no!. to excee<E!l12,855 tOJbe completed by May 30,2007. (Motion carried
under the Consent Ageri~::,",_ ~
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Lehman/Clay md~d to aufh.2rfze11\~s~spension of City Code Section 10.60, Noise Elimination
and Noise P:t;~yentio~~ubd~~, Hourly Restrictions on Certain Operations, D" for installation of
water mijat4fJ.~'~~'liJ;~et in'a CSAH 101 by K.A. Witt. (Motion carried under the Consent
Agenda)'. ~_.. -,w""~~::..'t. if
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Le~Clay or~redltesolution No. 6613, a Resolution Setting the Public Hearing Date to
consid~e Vacaliono/ of the Easterly 180 feet ofthe Alley/Public Right-of-way in Block 7 ofthe
East Shak~~.gJ:it. Located Adjacent to 738 1st Avenue East, and moved its adoption. (Motion
carried underme Consent Agenda)
Lehman/Clay moved to authorize the hiring of Jesse Abraham as a Mechanic's Apprentice with
the Public Works Department, at Step 1 of the current union contract, contingent upon the
successful completion of the required pre-employment screening. (Motion carried under the
Consent Agenda)
Lehman/Clay moved to grant Jeff Evens full-time, regular status as an Engineering Tech N.
(Motion carried under the Consent Agenda)
Official Proceedings of the May 15,2007
Shakopee City Council Page -3-
Lehman/Clay moved to grant Steve Quaday full-time, regular status as a Custodian. (Motion
carried under the Consent Agenda)
Lehman/Clay moved to approve the bills in the amount of$963,047.60. (Motion carried under
the Consent Agenda)
Lehman/Clay moved approve the meeting minutes of April 24, 2007 and May 1, 2007. (Motion
carried under the Consent Agenda)
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Lehman/Clay offered Resolution No. 6600, A Resolution Authorizing May~~hn~itt to
Travel to Washington, D.C., and moved its adoption. (Motion carried ~de~ Conse1i,
Agenda) ~~, ~ i
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Lehman/Clay offered Resolution No. 6610, A Resolution ofthe Giiy of~iO'ffee;~iiiesota,
Approving Premises Permits for the Shakopee Rotary Club, apd m<\:ed itiit'doptioi. (Motion
carried under the Consent Agenda) +'~"" \. ~t?
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Lehman/Clay moved to approve the application and #~il~po;~-sale 3.2 percent malt
liquor license to the Shakopee Lions Club, in the de~ated ~garden-adjacent to the
concession stand at Tahpah Park, on June 1, 2007 fro"~:OO to 1%:00 p.m.; on June 2, 2007 from
9:00 a.m. to 11 :00 p.m. and on June 3, 2007jr~,",_poiiEt~:00 pjh., conditioned upon receipt of
evidence of required insurance. (Motion c6~~"~r th~nt Agenda)
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Lehman/Clay moved to authorize tlj.~o~ity'ci~rSfu execute the assessment agreement
with Scott County for the 2008 a~~s~t~ar in t1ijF<fmount of $132,900. (Motion carried
under the Consent Agenda)f~~ ~ if
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Lehman/Clay moved to~.authoriz~~ent ofJ~4,000 to Shakopee Derby Days, to be used for the
purchase of generalliaba~nsuranc~r.^.the 2007 Derby Days Celebration. (Motion carried
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under the ConsentAgend'af"^:::::",,_ F
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Mayor Schmitt aske<r1fther~}Vas ahyone in the audience that wished to address an issue that is
not on th~~i~Ft;i:~Q~e re~Fnded.
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MaYlT Scl1:rit\t.tas~o^discuss the item removed from the consent agenda.
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Cnc1. ~}len saii hed had concerns with 5.A.l, Authorize Final Payment to CenterPoint Energy
for Gas .rJimReJ!5cation for 17th Avenue Improvement Project, Project No. 2006-1, removed
from the Consent agenda.
Cnc1. Menden is concerned with the additional costs that CenterPoint is charging and feels the
City had no negotiating power. Cnc1. Menden asked Mr. Loney to clarify his memo to Council
regarding the paragraph that staff has met with CenterPoint Energy officials to discuss a
procedure for scope change work and how to improve the process in the future. Cnc1. Menden
asked what was discussed in the meeting.
Official Proceedings of the May 15,2007
Shakopee City Council Page -4-
Mr. Loney stated that in the future if CenterPoint has to make a change from the original scope
of work it would need to be submitted to the City Engineer in writing. Mr. Loney also stated that
in the future a better job needs to be done on the original scope.
MendenlClay moved to approve a motion authorizing the final payment to CenterPoint Energy
of$117,720.00 for the gas main relocation work, as per the agreement to relocate natural gas
pipe line dated June 20, 2006. Motion carried 4-0.
Mayor Schmitt asked for the Council Liaison reports. Cncl. Lehman stated he attended the
Board of Review and Equalization. Cncl. Lehman stated that approximately three or four people
were challenging the valuation oftheir property. Cncl. Menden and Cncl. Cl:~~~ing to
report. JJ;;: ~,
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MendenlClay moved to recess for the Economic Development Autho~-rii'eetin~c1vlotioi
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Mayor Schmitt re-convened the meeting at 7:17 p.m. ~"\ ~ jf ~
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Mr. Loney presented Council with the Authorization of~asibTI~l~rt fod3eckrich Park
Estates and Krystal Estates Sanitary Sewer and Watet1fu~~ments:~.~
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Mr. Loney stated that staff has been working with B~ch Par~states residents for the
extension of public sanitary sewer and wate~~~ p~e muj.cipal utility services to
Beckrich Park Estates. Mr. Loney stated t~xteiiling s~~d water lines will also provide
service to Krystal Estates and the dev~~@~o~~~ion would be interested in the
project. ~&~, ~'~ ~'*'-
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Mr. Loney stated that since th~~ot~% unanimous support to proceed, the City will
need to do a feasibility repo~Jl1t~atel~cl a public hearing to order the project.
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Joe Adams from Shako~ublic U~ti~e~ addressed the Council. Mr. Adams stated that SPUC
is currently evalu'!!ing th~<&b~ity ~l for potential use as a municipal well. Mr. Adams
stated that not alr=<1fJhe dailhis B~";submitted to make that determination. Mr. Adams stated
that the existing co~qnity \ell is#~dersized for a municipal well. He also said that there is a
possibilit~1frt~~e~J;he c~1icity to make it a municipal well.
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Ma~r SC~1tt as~,,)f it was possible to have connection to Hillwood Estates. Mr. Loney
sta~at it wa~~osSj1l:ne. Mr. Loney stated that the residents of Hill wood Estates have not
asked f~~ci~rewer and water.
Cncl. Menden~'asked Mr. Loney what the cost of a feasibility study would be. Mr. Loney stated
that there is money in the budget and if the project is ordered, the cost ofthe study would be a
part of the project and included in the assessments. The cost for soil borings and survey work
will be between $5,000 and $10,000.
Lynette Stocker, a member ofthe Beckrich Park Estates Homeowner's Association, and Jodell
Kirkland, President of Beckrich Park Estates Homeowner's Association, address the Council.
Ms. Kirkland read a prepared statement from the Association for the City Council to approve the
water and sewer improvements.
Official Proceedings of the May 15,2007
Shakopee City Council Page -5-
MendenlLehman offered Resolution No. 6609, A Resolution Ordering the Preparation of a
Report for Beckrich Park Estates and Krystal Estates Extension of Sanitary Sewer and Water
Service Lines, and moved its adoption. Discussion followed.
Cncl. Menden asked when the Feasibility Report is due. Mr. Loney stated June 19,2007 and
construction to begin in the fall.
Mayor Schmitt asked for a vote on the motion. Motion carried 4-0.
Mr. Loney presented Council with Easement Encroachments in Park Meadow~l~dition. Mr.
Loney stated that the Park Meadows developer was required to sign a Declaliition oI~enants
and Restrictions regarding Municipal Drainage and Utility Easements Maiili.ce. Maoney
said the easements that have restrictions are in respect to drainage wa~~rfl~waleiutility
installations and ponding areas. In the Park Meadows developmentrt:a-ere ar~storiiis"e~tfrs in
the rear lot easements for backyard drainage in about every bloc1s:Et~~~ \ '7
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Mr. Loney stated that City Staff is currently working tow<q;,ctia new '5rdinan~fences and
fence permits, as well as a section on easement encroachments:",~~lw.ey stated that fence
permits are currently not required. {-""":","~'t
Mr. Loney stated that Mr. Mitchel Gunnell, 3321 Cr..Street, ~urrently constructing a fence
with a retaining walls in the north and east e~ts ~ave djed restrictions, per the
Declaration of Covenants. Mr. Loney state1t:3JJ,at Fir. Gullii;tt~as not told of the deed
restrictions on his lot and that other re.$i~t!' 'l~~iejxision have expressed the same story.
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Mr. Loney stated that City Staff~~a~.rif. Gu~}.t'to stop work until the encroachment issue
can be resolved. Mr. Loney ~~e<fit~ th~ain issue for the City is to provide maintenance
access for inspecting and cleanliiJ~ofjti1ity ~ities and to minimize City liability in dealing
with encroachments/obstructions *~ruture ref airs/replacement of utility lines.
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Mr. Loney stated that the ~il~ng}ffbe on the proactive side and addressing the issues
when they arise. "'Nk;&. Lonel~atea~tt't the City's current ordinance talks about no landscaping
shall be plac~ over ~ acro\!, any #easement of the City or SPUC that would interfere with the
ingress or..e~~e:~ty o~SPUC for utility maintenance. Mr. Loney stated that the problem
that is oc7''G;Dingtk-is thifIffiFf,le# want to use their property. Mr. Loney stated that there is a need
for J:tlilintenallce a~'bess. A wide corridor is not needed for regular maintenance of storm sewers.
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Mr. L~stated~J11at.there have been several steps put in place or are currently being developed
to educate~~lic regarding easements. Mr. Loney stated the other issue is the enforcement
of easement encroachments.
Mr. Loney presented Council with pictures of Mr. Gunnell's property as well as surrounding
properties that have fences in the easement. Mr. Gunnell has installed most ofthe retaining walls
and most ofthe fence posts on the east lot line. Mr. Loney stated that Mr. Gunnell is agreeable
to move the fence on the north easement to provide for maintenance access and willing to sign an
agreement to remove the obstructions, if and when the City needs to use the easement. Mr.
Loney said the other option is to enforce the deed restriction.
Official Proceedings of the May 15, 2007
Shakopee City Council Page -6-
Mr. Loney stated that he is looking for direction from Council regarding Mr. Gunnell's case and
future enforcement once the new easement ordinance has been adopted.
Mr. Gunnell addressed the Council. Mr. Gunnell reiterated what Mr. Loney stated. Mr. Gunnell
stated he did not know there was a deed restriction on his property and that several of his
neighbor's were also unaware of the deed restriction. Mr. Gunnell also stated that before he
began the project he contacted the City and was informed that no permit was required and the
fence can be placed in the easement with the condition that it had to be remove~~the City is
repairing the pipe. .4 ,
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David Lang, 3281 Crane Street, also addressed Council that he was no~iriiotrfied1J{;the dej
restriction on his property. Mr. Lang also stated that he has a fenc~,~~has~en i11itjt~ on the
property line. When he purchased his property he was told that h~Oli~the fe!lc~n the
property line but would need to take it down if the City needemd to g'ijn ac(3as,J!:
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Mr. Loney stated there are two options. One is to haveh2tpeo~i~ an e&roachment
agreement with the City. If access is needed by the Q.^.Ir.":ry, ffi~.".......,....o.. meow_.w. ould be responsible
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for taking down fences or moving any landscaping itt,the eas5J:Pt. Mr. Loney said the other
option is to go back and advise homeowners who ha~ences art'llandscaping in easements to
move the items.m~~~~. i
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Mr. Thomson, the City Attorney, felt th3t:<<ift~_i:k~mfortable to give staff general
direction that they can deal with th~~s~~n m~e bY~ase basis and keeping in mind that
when the fence permit is drafted ~~ff~s!wEfiot ha~ deal with these issues. Then if a
property owner is not happy ~S. s ~sion, tlie property owner could appeal the decision
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ClaylMenden moved to~&,! staff ~ill~tate our fence permit ordinance and also include any
other landscaping ,~ithin ~S~_J;lt are~and also have staff refine the policy delineating between
easement encroa~ents t1\~av~pe underneath compared to those that don't have a pipe and
approval ofavarianc~io thal%,easement area could be done by the Engineering Department.
HomeoWllerS~1;mI~~to ire Board of Adjustment and Appeals if they are unsatisfied with
Staffs d'~isions.,*~s asepm:ate policy enforcing existing encroachments offences and or
lan~~aping~~ th~i~ting easement areas. Discussion followed.
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Cncl. Nlmlan sta~d he's not in favor of allowing staff making the decisions regarding
encroach.rl:mmts. ~e doesn't feel it's fair to staffto be making these decisions. Cncl' Lehman
also is not intavor of fences on top of infrastructure.
Cncl. Menden said he's comfortable with staff making encroachment decisions. However, he
agrees that there shouldn't be any fences or landscaping on top of infrastructure easements.
Mayor Schmitt asked for a vote on the motion. Motion carried 3-1 with Cncl' Menden
dissenting.
Official Proceedings of the May 15, 2007
Shakopee City Council Page -7-
MendenlLehman moved to have the homeowner at 3321 Crane Street move the fence posts
installed on the east side of the property over infrastructure, needs to be taken out, and set back
to the point where the City has access over the pipe. Motion carried 4-0.
Capt. Jeff Tate of the Shakopee Police Department presented Council with a Graffiti Ordinance.
Capt. Tate stated that the Police Department has responded to a growing number of vandalism
reports involving graffiti in 2006 and 2007.
Capt. Tate stated that the ordinance amendment would require graffiti to be removed within 10
days of being notified by the City. Capt. Tate also stated that the Police Department is currently
developing a street crimes unit that will specifically target those responsible ,~~~
Lehman/Menden offered Ordinance No. 777, Fourth Series, an Ordinanc~ 5f~City o~
Shakopee, MN Amending City Code Chapter 10, Section 10.53 Relatinffu~Pub~ i
Nuisances (Graffiti Removal), and moved its adoption. Motion carri~4-0. ~ ~,,_;~
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Mark Themig, Parks, Recreation, and Facility Director, presented O:ounc~h thJconsideration
of contributing toward the cost of field irrigation at Red Oa,~~men~y Se~w
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Mr. Themig stated that the School District is prepari~16~te on~he two fields at Red
Oak elementary School in order to improve the turf <i>ndition~he fields at Red Oak are in
poor condition due to the overall soil type found in t~rea. ~
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Mr. Themig stated that the School District;;~g~g orilY'~~eld because they have
determined that one good field meets !&~j,S12h~~~on needs. The School District is not
willing to irrigate the second field b4use~t~y c0!l.ldn't jfistify the cost because only one is
needed for physical education.~' '~j ~=
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Mr. Themig stated that by irfi~g <lie ficl~Be City will be able to return some activities to
the site. However, two ~e1ds wo1}:~ouble th'e City's capacity and would better serve the area
residents. ~,~,
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Clay/Menden mC)~ to auf\,~~"F.fributing $8,460 toward the Red Oak Elementary school
irrigation pr2L~ct, an~t!irect ~at a Budget amendment be prepared. Discussion followed.
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Cncl. Me-fitien stat,ed he's'1rGt opposed to irrigating the fields but doesn't feel it's a good source
of elPendit~jf top~oil is not going to be put down.
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Cne!. ~an sta\d he's not in favor of a budget amendment. Mayor Schmitt suggested that the
funds be ~~"21i ofthe current year budget.
Lehman/Clay moved to make a friendly amendment to take the funding for the irrigation project
out of the 2007 Recreation operating budget.
Mayor Schmitt asked for a vote on the motion, as amended. Motion carried 3-1 with Cnc1.
Menden dissenting.
Official Proceedings of the May 15,2007
Shakopee City Council Page -8-
Mark McNeill, City Administrator, stated that the Council will not be going into closed session
because ofthe additional discussions with the plaintiff in a lawsuit. However, a meeting is
necessary to discuss and update the Council.
Mr. McNeill asked Council ifthey would be willing to consider meeting on Wednesday, May 30,
2007 at 7:00 p.m. at City Hall.
All Council members agreed that Wednesday, May 30, 2007 will work for them.
Mayor Schmitt if any of the Council members had any concerns they wished tQ~~s. Cud.
Menden stated as a member ofthe Lion's Club it was brought to his attentio~que;ir~,
regarding DRAM Shop insurance. It was recommended that the Lion's <;JuD~e on in~ance
at a higher level then what the City's minimum requirements are. Cn9FMende~s ask{u to
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find out If the Lion s Club IS adequately covered.;7~ ~ ~.,*;:'
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Mr. McNeill asked that the City Attorney answer the question. Mr:\Thom~stat~that the
League of Minnesota Cities has a cap that goes up every ye;aiul1tiI2~,Q8. M~mson stated he
didn't believe it covered DRAM Shop insurance but wi!140ubI~~~d ge{back to Mr.
Menden regarding his question. i#:-W"'''''':,_*, "-"::::;;"
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Clay/Menden moved to adjourn to Tuesday, 29~J p.m. Motion carried 4-0.
Meeting ~journo/ 13 p.m.
~~J
.i~ ith S. Cox
. ty Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MAY 29, 2007
Mayor John Schmitt called the meeting to order, at the Police Department training room, 475
Gorman Street, at 6:40 p.m. with Council members Steve Clay, Terry Joos, Matt Lehman, and
Steve Menden present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City
Clerk; Gregg V oxland, Finance Director; R. Michael Leek, Community Development Director;
Bruce Loney, Public Works Director/City Engineer; Mark Themig, Park, Recreation, and
Facilities Director; Dan Hughes, Chief of Police; and Jeff Tate, Police Captain. Also present
were Visioning Steering Committee members: Duane Marschall, Jane DuBois, Don Wagner,
Charlie Kubler and Paulette Rislund (at 6:45 p.m.).
Mr. McNeill stated that it has been a year and a half since the City Council adopted the
recommendation of the Visioning Steering Committee, which identified five goals and eleven
strategies. He stated that to keep the goals fresh, there is a need to periodically look at them.
Mr. McNeill gave an overview of the history of Shakopee since its incorporation in 1857 relating
to population, adoptions of comprehensive development plans, annexations and he reviewed land
use policies of 1981.
Discussion ensued on the Mission Statement. There was a consensus to shorten the Mission
Statement to the first sentence and delete the second sentence. It was felt that the second
sentence is really a goal. The Mission Statement now reads: "The mission of the City of
Shakopee is to provide the opportunity to live, work, and play in a community with a proud past,
promising future, and small town atmosphere within a metropolitan setting."
After discussion there was a consensus to keep the Vision Statement as adopted in the summer of
2005.
After a ten minute break at 8:20 p.m. the action steps of each goal were discussed and updated.
They will be brought back to City Council for adoption at a later meeting.
LehmanlJoos moved to adjourn to May 30, 2007, at 7:00 p.m. Motion carried 5-0. The meeting
adjourned about 10:00 p.m.
CA~J< rlL
ttth S. Cox I
Ity Clerk
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MAY 30, 2007
Mayor John Schmitt called the meeting to order at 7:07 p.m. with Council members Steve Clay,
Terry Joos, Matt Lehman, and Steve Menden present. Also present were 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; and
Mark Themig, Park, Recreation, and Facilities Director.
Clay/Menden moved to approve the agenda with the deletion of item two, Huber Park Sound and
Light System. Motion carried 5-0.
LehmanlMenden moved to adjourn to a closed session to discuss pending litigation.
Mr. Thomson stated that the litigation being discussed is Ridge Creek I, Inc. v. City of Shako pee
and the attorney that is representing the City in that law suit, Mr. George Hoff and Kim Kozar,
are here to talk to Council about that and we have determined that the need for confidentiality
outweighs the need of the public to hear what is going on, so it is best that it be heard in a closed
session than in a public session.
Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:26 p.m.
Mayor Schmitt reported that the results of the closed session to discuss pending litigation
resulted in a move to appeal Judge Macklin's decision granting summary judgment to Ridge
Creek I, Inc. and directing the attorneys to move forward in the process.
Joos/Menden moved to adjourn. Motion carried 5-0. The meeting adjourned at 8:27 p.m.
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cath s. Cox
City Clerk
Recording Secretary