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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 05, 2007 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 05, 2007 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Terry Joos, Steve Clay, Steve Menden, and Matt;Lehman present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; and Mark Themig, Parks, Recreation and Facilities Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked that item 13 B.2., Huber Park Sound and Light System, be removed from the agenda. Mayor Schmitt stated that since there is not an Economic Development Authority meeting scheduled items 10 and 11 should also be removed from the agenda. Menden/Clay moved to approve the amended agenda. Motion carried 5-0. Mayor Schmitt gave the Mayor's Report. Mayor Schmitt stated that he attended the following functions; . Employee appreciation luncheon that was held at the Public Works building. . Memorial park festivities. . Economic Development meeting in St. Paul. . Park and Recreation staff training session. . SCALE Executive Board meeting. . Highway 41 Committee meeting. . Ribbon cutting ceremony for the opening at Sand Venture Aquatic Park. Mayor Schmitt asked ifthere were any additions or deletions to the Consent Agenda as published. No additions or deletions were made to the Consent Agenda. Joos/Clay moved to approve the Consent Agenda. Mr. McNeill read the consent business. Motion carried 5-0. Joos/Clay moved to authorize the purchase of the Dwr Enforcement supplies as follows: . 4 - Taser X26 for a total cost of$3,899.00 plus tax, shipping, and handling. . 4 - Olympus Digital Recorders for a total cost of$I,468.00 plus tax, shipping, and handling. . 4 - Alco Sensor PBT's for a cost of $2,880.00 plus tax, shipping, and hand,ling. . 5 - Olympus Digital Camera's for a total cost of$1,520.00 plus tax, shippipg, and handling. Total cost for equipment requested is $10,092.60. (Motion carried under the Consent Agenda) Official Proceedings of the ~Une 05, 2007 Shakopee City Council Page -2- Joos/Clay moved to enter into a two-year agreement with 4 PAWS Animal ContrcHILLC for the City's Animal Control Services. (Motion carried under the Consent Agenda) Joos/Clay moved to accept the bid of Trans-Alarm in the amount of$14,922.18 and install the key card system in the Vierling Drive Fire Station. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6614, a Resolution of the City of Shako pee, Minnesota, Accepting a Donation of Plant Materials and Volunteer Labor from Thrivent Financial for Lutherans and the Join Hands Day Program, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Clay moved to authorize the hiring of Nicole Maher as a part-time, probationary community service officer at Step E of Grade 2 of the 2007 Plan, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda) Joos/Clay moved to acknowledge the successful completion of the one year probationary period following her promotion to Assistant City Administrator, and further grant Kris Wilson full-time regular employee status. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6618, A Resolution Amending the 2007 Pay Plan for Part- Time, Temporary and Seasonal Employees of the City of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Clay recommended the acceptance of Matt Schlenk to finish out the term of 2nd Assistant Engineer which ends December 31, 2007. (Motion carried under the Consent Agenda) Joos/Clay moved to authorize the appointment of Darlene Bjerketvelt to the position of Police Department Secretary, effective June 11,2007, at Step E of Grade 4 of the City's Full-Time Pay Plan and subject to a six-month probationary period. (Motion carried under the Consent Agenda) Joos/Clay offered a motion to accept, with regret, the resignation of Bill Dane from his position as a Police Officer with the Shakopee Police Department. (Motion carried under the Consent Agenda) JooslClay moved to approve the job description for the position of Fire Department Office Service Worker and direct staff to begin the hiring process. (Motion carried under the Consent Agenda) (CC Document No. 436) Joos/Clay moved to approve the bills in the amount of $855,904.45. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6615, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee Lions Club, and moved its adoption:. (Motion carried under the Consent Agenda) Official Proceedings of the hme 05, 2007 Shakopee City Council Page -3- Joos/Clay moved to approve the applications and grant Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s), conditioned upon compliance with all licensing requirements, to: . AFFC, Inc., dba Arnie's Friendly Folks Club, 122 First Avenue East - on sale and Sunday. . Apple American Limited Partnership of Minnesota, dba Applebee's, 1568 Vierling Drive East - on sale and Sunday . Bretbecca, Inc. dba Pullman Club, 124 First Avenue West- on sale, Sunday and off sale. . Babe's Place, Inc., 124 Holmes Street South. - on sale, Sunday and off sale. . Canterbury Park Concessions, Inc., 1100 Canterbury Road. - on sale, Sunday and off sale. . Chili's of Minnesota, Inc., 8098 Old Carriage Court- on sale and Sunday. . Chipotle Mexican Grill of Colorado LLC, 8094 Old Carriage Court. - on sale and Sunday (Includes outside dining and drinking). . Dangerfield's Restaurant, Inc., 1583 First Avenue East - on sale and Sunday (Includes outside dining and drinking). . El Toro of Shakopee, Inc., 1120 First Avenue East - 'on sale and Sunday. . Great Lakes, Inc. dba Shakopee Ballroom, 2400 4th Avenue East - on sale and Sunday. . Pablo's Mexican Restaurant, Inc., 230 Lewis Street South - on sale (Includes outside dining and drinking). . RAM Arizona's LLC, 1244 Canterbury Road - on sale and Sunday (Includes outside dining and drinking). . RT Minneapolis Franchise LLC dba Ruby Tuesday, 4135 Dean Lakes Bouelvard - on sale and Sunday (Includes outside dining and drinking). . Saba Entertainment, LLC, 911 First A venue East - on sale and Sunday (Includes outside dining and drinking). . Stonebrooke of Shakopee, Inc., 2693 County Road 79 - on sale and Sunday (Includes outside dining and drinking). . Turtle's Bar and Grill, Inc., 132 First Avenue East - on sale and Sunday {Includes Banquet Center). . Annward, Inc., dba Wine Style, 8076 Old Carriage Court - off sale. . Crossroads Liquor of Shakopee, LLC, 1262 Vierling Drive East - off sale. . Hoang's South Side Liquors, Inc., 1667 17th A venue East - off sale. . Riverside Liquors, Inc., 507 First A venue East - off sale. . Roseen & Roseen, Inc., dba MGM Liquor, 471 Marschall Road South - off sale. . Sam's West, Inc., 8201 Old Carriage Court - off sale. . Valley Liquor, Inc., 1104 Minnesota Valley Mall - off sale . Dennis G. Well, dba Minneapolis Wine Cellars, 4041 Dean Lakes Boulevard - off sale . American Legion Club Post #2, 1266 First Avenue East - Sunday and club. . Fraternal Order of Eagles #4120, 220 Second Avenue West - Sunday and club (Includes outside dining and drinking). . Knights of Columbus Home Association, Inc. 1760 Fourth Avenue East - Sunday and club. . VFW Post #4046, Inc., 1201 Third Avenue East - Sunday and club. (Motion carried under the Consent Agenda) Official Proceedings of the June 05, 2007 Shakopee City Council Page -4- Joos/Clay moved to approve waiving the requirement of City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc., Stonebrooke of Shakopee, Inc., and for Knights of Columbus Home Association, Inc. (Motion carried under the Consent Agenda) Joos/Clay moved that the following conditions are placed on the approval of the licenses for Saba EntertaiIllnent, LLC dba Saba's Sports Bar and Grill, consistent with previous approvals: a. The extended.648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages on the deck after sunset. b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant's failure to comply with any of these conditions shall be grounds for suspension or revocation of the license by the City Council. (Motion carried under the Consent Agenda) J oos/Clay moved to approve the applications and grant an On-Sale or Off-Sale 3.2, Percent Malt Liquor License, conditioned upon compliance with all licensing requirements, to: . Magnum Management Corporation, dba Valleyfair, One Valleyfair Drive - off sale . Raceway Park Inc., One Checkered Flag Bouelvard - on sale . Shakopee Jaycees Inc., Joe Schleper Baseball Stadium at Tahpah Park - on sale. . Sky Ventures LLC, dba Pizza Hut, 257 Marschall Road - on sale. . Dangerfield's Restaurant, Inc., dba Fajita Republic, 1555 East 1 st Avenue - on sale. . Ravi Kant, dba Shakopee K wik Mart, 234 West 1 st Avenue - off sale. . Wal-Mart Stores Inc., 8101 Old Carriage Court - off sale. . Holiday Stationstores, Inc., 444 East 1 st Avenue - off sale. . Holiday Stationstores, Inc., 1381 Greenwood Court - off sale. . Holiday Stationstores, Inc., 8002 Old Carriage Court - off sale. . Holiday Stationstores, Inc., 3901 Eagle Creek Bouelvard - off sale. . Shakopee,1997 LLC, dba Cub Foods, 1198 Vierling Drive East - off sale. . Speedway SuperAmerica LLC #4546, 1298 Vierling Drive East - off sale. . Speedway SuperAmerica LLC #4035, 1155 East 1st Avenue - off sale. . Speedway SuperAmerica LLC #8510, 1195 Canterbury Road - off sale. . Kwik Trip, Inc., 1522 Vierling Drive South - off sale. . Sam's West, Inc., 8201 Old Carriage Court - off sale. (Motion carried under the Consent Agenda) Joos/Clay moved to approve the applications and grant a wine license and an on sale 3.2 percent malt liquor license to Marcelo Corona Zausa dba El Korita Restaurant 815 West 1 st Ave., conditioned upon compliance with all licensing requirements. (Motion carried under the Consent Agenda) Joos/Clay moved to authorize appropriate city staff to renew our Microsoft Licens{( Service Agreement for 2007 at a cost not to exceed $35,000 from the IT budget. (Motion carried under the Consent Agenda) Official Proceedings of the June 05, 2007 Shakopee City Council Page -5- Mayor Schmitt asked for the Council Liaison Reports. Cncl. Lehman stated he attended the Chamber meeting, Visioning update workshop and the Memorial Day Service at Memorial Park. Cncl. Joos stated he attended the Shakopee Public Utilities Commission meeting. They still have not hired a Finance Director. Cncl. Joosalso attended the Sand Venture Aquatic Park grand opening. Cncl. Menden stated he has a meeting with MnDOT regarding Parcel 75. Cncl. Menden said that the Lion's Club, which he is a member of, used the new Tahpah Park facilities. Cncl. Menden stated that the City received several compliments of the improvements on the fields and the improvements to the playground equipment. Cncl. Clay had nothing to report. 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 Themig presented Council with a Draft of the Huber Park Rental and Use Policy. Mr. Themig stated he is looking for feedback and direction from City Council on draft rental and use policies for Huber Park. Mr. Themig said the intent is to take the feedback and direction, make modifications, and bring back a final use policy along with the fee schedule amendment at the June 19th City Council meeting. Mr. Themig stated that it was the City's intent to delay any rentals until after the grand opening and the 20 city sponsored concerts this season. After these activities, we would take our experience we gained on how the park functioned and proceed with developing rental policies for rentals that would begin in 2008. Mr. Themig stated that Cncl. Lehman has requested that the City prepare an interim "limited use" rental policy that would accommodate smaller rentals for this summer. Mr. Themig stated that he has gathered information from other organizations, consulted with the City Attorney on the content that we can and can not restrict, and prepared a draft policy. Mr. Themig stated that he would go through each point of the draft policies and asked that Council give feedback if they would like to see any additions, deletions or changes to the draft policy. Proposed Policy Comments for Discussion Discussion Hours of Operation/Rental The park would.be available No feedback. Hours. for rental under the same hours of operation set by ordinance. Use of Performance Stage. Use of house sound and light Cncl. Lehman asked that the Police system and city staff ensures Department's CSO's make a few control over sound levels. visits to the site when an event is occurring to check sound levels of the music. Cncl. Joos feels that a staff person at the event would be adequate. He also feels that staff should be the Official Proceedings of the JUne 05, 2007 Shakopee City Council Page -6- only person allowed to run the sound and lighting for control purposes. City Attorney Thomson advised Council that a group contracted to perform for a city event the City has complete control over the group. Mr. Thomson stated that renting out the Performance stage limits the City's control over the group renting the stage. Cncl. J oos stated the City still needs to draft a policy advising renters of what the rules and regulations of rental are as well as what the expectations of the City are for renting the stage. Picnic/Reception Since the picnic shelter was Cncl. Joos likes the idea of the City Packages removed from the project, putting together a rental package. we came up with this proposal as a way to accommodate picnics and Cncl. Lehman asked if in the future receptions. If so, a rental charcoal grills be installed in the package can be put together park for use. Cncl. Lehman stated to accommodate the renter. his concern of a rental grill set up in the parking lot. Cncl. Menden would like to see a designated area for gt1illing and not in the parking lot. Mayor Schmitt stated that some parking needs to remain open during private rental events to accommodate those who will be using the park. Amenities and Other Inflatable moon walks and No comments. Entertainment other inflatable devices are only permitted by special permit. Fireworks are only permitted Cncl. Lehman is in favor of by special permit and allowing fireworks. additional permits are required through the City's fire department Alcohol Beer for private parties is Cncl. Joos since the park is a family Official Proceedings of the June 05,2007 Shakopee City Council Page -7- allowed in picnic area or park he is pleased with the policy as grandstand. Sale is it's written. prohibited. Cncl. Clay would like the policy to also include wine. Security and Traffic Services needed would be No comment. Control determined in developing the special use permit in consulting with the police department. Portable Toilets/Trash Services needed would be No comment. Containers determined in developing the special use permit in consultation with the Park Maintenance Division. General Items Cleanup of the site is the No comment. responsibility ofthe renter. Parking of vehicles only allowed in the parking lot. Staffing Services The City should provide a No comment. site host at the park. Use of amplified sound or Cncl. Lehman asked that the site light system will require a host and the technician be the same sound and light technician. person instead of having two staff Two hour minimum members at the site. Insurance This is a standard Cncl. Joos asked that the City requirement for other park provide renters with information rental special use permits. regarding the types of insurance to purchase. Fees Fees based on similar Cncl. Lehman would like to see a facilities in the metropolitan non-refundable deposit to hold the area. Payment is due in full reservation and payment due in full at time of reservation. before the rental. Cncl. Menden would like to see a fee package put together so renters are informed. Rental Process Rentals are available from No Comment May 1 through October 15. Rentals for the upcoming Cncl. Lehman would like city calendar year are permitted functions to have first priority of beginning September 1 st of choosing dates of use. the previous year. Cncl. Joos also feels Shakopee residents should be reserved the right to rent the park over people from out of town. encl. Lehman asked that resident Official Proceedings of the June 05, 2007 Shakopee City Council Page -8- and non-resident rates be considered. All rentals are final. Refunds Cncl. Menden asked that there be or rescheduling due to rain or reimbursement if the park flooded. inclement weather is not allowed. Michael Leek presented Council with the Staff Determination Regarding Additional Sidewalk at Best Buy. Mr. Leek stated that City staff, in their review of the Best Buy building permit, listed as one of the conditions of approval that the applicant shall provide a sidewalk from Old Carriage Court North to the applicant's proposed walk leading to the front entrance ofthe Best Buy building, utilizing the 10 foot wide island centered off the front entrance. Mr. Leek stated that Mr. Steve Soltau, representative of Shakopee Crossings Limited Partnership, disagrees with this condition, stating that they do not believe staff s position regarding the sidewalk request is supported by code, due process, or good planning. Mr. Leek stated that since July of 1997 in the Retail Center PUD criteria the City has had criteria that states "Shall provide an internal pedestrian access system." Mr. Leek stated that he would put together a full briefing of all ofthe approvals in terms of the Resolutions for PUD as well as the plats on the project. If this was desired, Mr. Leek asked the Council to table this item to allow him to put together the briefing. Mr. Leek stated that in talking with Mr. Soltau, Mr. Soltau didn't think it was good planning and not done in many places. Mr. Leek then showed pictures of the Best Buy in Eden Prairie which has a meandering sidewalk through the parking lot to the front door of the business which is what the City is proposing Mr. Soltau to provide. Mr. Soltau, on behalf of the developer, addressed Council stating that there have been several revisions to the project. Mr. Soltau then outlined chronologically by date the process of the project. Mr. Soltau also stated that the 10 foot island where staff is requesting the sidewalk to be installed would not accommodate a large sidewalk due to vehicles parking on both sides of it. He also said there wouldn't be any room for landscaping on the island. Mr. Soltau disagrees that people would use the sidewalk. Mr. Soltau stated that most people take the most direct course to the front of a business and don't always use sidewalks in a parking lot. Mr. Soltau then showed pictures he took of different businesses that don't use sidewalks through their parking lots. Cncl. Joos stated that he agrees with Mr. Soltau that people will use the shortest route to the front door of the business but he also believes that if the sidewalk was installed people would use it on occasion. Cncl. Joos also stated he realizes that there's a need for green space and is at a dilemma as to keeping the green space or making it a sidewalk. Cncl. Lehman would like to see a sidewalk from the existing sidewalk on Old Carriage Court North extend into the entrance of Best Buy but does not agree that there should be a sidewalk in the island as proposed by City staff. Official Proceedings of the June 05, 2007 Shakopee City Council Page -9- Menden/Clay moved to support staffs building permit condition for providing a sidewalk connection from Old Carriage Court North to the applicant's proposed walk leading to the front the entrance of the Best Buy building, thus retaining said condition in the building permit approval memorandum. Discussion followed. Cncl. Menden explained to Mr. Soltau his decision for the motion. Cncl. Menden stated that developers need to provide pedestrian access to businesses. Cncl. Joos believes that taking out the island and striping the parking lot would be more effective for pedestrians. Mr. Leek stated that it may be possible to create the island with a permeable surface which would still allow for parking and could also be used for a walkway. Mr. Soltau stated that the purpose of his objection is based on the significant effort to be in compliance with code and that the sidewalk issue was a surprise after the project was under bid and out for contract. Mr. Soltau believes that no one is going to use the sidewalk ifit's put in. Mayor Schmitt stated that he is opposed to removing the sidewalk. Lehman/Joos moved to amend the motion to run the sidewalk in off of Old Carriage Court North into the parking lot and leave the island as grass. Motion failed 3-2 with Schmitt, Clay, and Menden opposed. Mayor Schmitt asked for a vote on the main motion. Motion carried 3-2 with Joos and Lehman opposed. Lehman/Menden moved to recess for a 15 minute break. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:30 p.m. Mr. Leek presented Council with Discussion of City's Business Subsidy Policy. Mr. Leek stated that he recently met with the Minnesota Department of Employment and Economic Development (DEED) about a company that appeared to be looking at Shakopee as a potential location. The facility would be about 400,000 to 450,000 square feet, involve 75 jobs with a starting and average rate of pay of approximately $11.00 to $12.00 per hour. Although the nature of the use, reduced size, number of jobs, and reduced rates or pay do not meet the City's criteria in its business subsidy policy, Mr. Leek stated that he was asked to explore the Council's level of interest in providing assistance to the company. Mr. Leek asked Council to discuss and provide direction to staff on three issues related to the economic development assistance policy used by the Council and its members sitting as the City's EDA in deciding whether to provide assistance to new, expanding or relocating businesses. Official Proceedings of the June 05, 2007 Shakopee City Council Page -10- 1. Possible assistance for a new distribution facility if the average wages are between $11.00 and $12.00 per hour. ' 2. Revisit the wage standard for assistance due to the federal minimum wage and or provide a sliding scale of assistance based on the breakdown of jobs. 3. Policy revision that would make assistance available to businesses that would occupy current vacant industrial space in the city. Cncl. Joos would like to see the current wage policy adjusted to reflect the current livable wage as a standard minimum. Cncl. Joos also said if a company offers below the standard minimum but offers full benefits he would like to visit that issue before offering any company assistance. Cncl. Lehman stated he's content with the currently policy butwould be willing to look at businesses requesting. assistance on a case by case basis that are offering lower wages than the current policy. Cncl. Lehman also stated that the currently policy needs to be changed due to the federal minimum wage changes. Mayor Schmitt stated that the livable wage is 250% of the federal minimum wage. Cncl. Menden would like to know the livable wage required for an individual in Scott County. Cncl. Clay agreed with Cncl. Joos and would like to see current wage policy adjusted to reflect the currently livable wage as a minimum standard. Counilors J oos and Menden indicated that they were not interested in considering possible assistance for a new distributor facility if the starting wages are in the vicinity of $11 - $12 per hour. Mr. Leek asked if Council was interested in assistance for vacant businesses. After discussion, Mr. Leek noted that it didn't appear that Council was interested in revisting the policy except if there was an addition to an existing structure. Mr. Leek thanked Council for their opinions. Bruce Loney presented Council with the Adoption of Ordimince No. 780, Amending the City Code Relating to Fence Construction and Easement Encroachments; Adoption of Ordinance No. 781, Amending the 2007 Fee Schedule - Adding Fence Permits; and Resolution No. 6616, Adopting a Fencing and Landscaping Policy. Mr. Loney stated that previous Council direction was to revise the ordinance to incorporate a fence permit process and to prepare a policy on fencing and landscaping in City easements. Mr. Loney said that in Ordinance No. 780, after the effective date ofthe ordinance, fence permits will again be required in the City of Shakopee. One exception is garden fences which are defined in the ordinance. Mr. Loney stated that essentially, the proposed policy is to restrict fences and trees in easements where the City has a sewer pipe, water pipe, storm sewer pipe, ponding areas, trails or where access is required for maintenance. Official Proceedings of the June 05, 2007 Shakopee City Council Page -11- Mr. Loney explained that Ordinance No. 781 pertains to the fence permit fee to be charged for processing the permit and any inspections. Mr. Loney said that cities surveyed were charging $25.00 for a fence permit and he proposes a similar fee. Mr. Loney said another item to discuss in the ordinance is whether appeals go to the Board of Adjustment and Appeals (BOAA) or to the City Council. Lehman/Joos offered Ordinance No. 780, Fourth Series, An Ordinance Amending City Code, Chapter 4, Section 4.03 Relating to Fence Construction and Section 4.05 Relatingto Permit Fees and Adding a New Section 7.18 to Chapter 7 of the City Code Relating to Easement Encroachments, and moved its adoption. (Version A, with appeals going directly to the City Council.) Discussion followed. Cncl. Joos wanted to make two statements and they were that he appreciates the "Good Neighbor" statement and remember to call Gopher One before digging. Mr. Thomson then explained the appeal process to Council. The first is for citizens to appeal to the Board of Adjustment and Appeals (BOAA). If the citizen does not like the decision of the BOAA, they then have the right to appeal to the City Council. Mr. Thomson said the other version of the Ordinance is to bypass the BOAA and the citizen could appeal directly to the City Council. Mr. Leek stated that since the ordinance is not part of the zoning code or the subdivision ordinance so it's not part of the charge of the BOAA. Mayor Schmitt asked for a vote on the motion. To clarify Mr. Thomson stated that the motion on the table is for the appeals to go directly to the City Council. Mr. Joos requested that his second on the motion be withdrawn. Cncl. Menden then seconded the motion. Mayor Schmitt asked for a vote on the motion. Motion was defeated 3-2 with Schmitt, Joos, and Clay opposed. Clay/Joos offered Ordinance No. 780, Fourth Series, An Ordinance Amending City Code, Chapter 4, Section 4.03 Relating to Fence Construction and Section 4.05 Relating to Permit Fees and Adding a New Section 7.18 to Chapter 7 of the City Code Relating to Easement Encroachments, and moved its adoption. (Version B with appeals going first to the Board of Adjustment and Appeals and if the citizen does not like the decision of the BOAA, they have the right to appeal to the City Council.) Motion carried 3-2 with Lehman and Menden opposed. Menden/Clay offered Ordinance No. 781, Fourth Series, An Ordinance Amending Fees by Adding a Fence Permit Fee, and moved its adoption. Motion carried 5-0. Clay/Menden offered Resolution No. 6616, Adoptinga Fencing and Landscaping Policy within City Easements, and moved its adoption. Discussion followed. Official Proceedings of the June 05, 2007 Shakopee City Council Page -12- Cncl. Menden clarified with Mr. Loney that there are opportunities when there are easements that do not have utilities on them that fencing is going to be permitted. Mr. Loney stated that is true. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Kris Wilson, Assistance City Administrator, presented Council with the approval of Revised Job Descriptions for Five Full-Time Positions. Ms. Wilson stated that the revised job descriptions are being proposed in conjunction with the Pay Plan Update and are for the positions of City Clerk, Assistant City Administrator, Public Works Superintendent, Natural Resource Coordinator, and Project Engineer. She noted that they were covered by Council in April. Three positions would go from Grade 8 to Gra.de 9, one position would go from Grade 6 to Grade 7, and the Project Engineer would go from non-exempt to exempt. Cncl. Joos stated that four of the five revised job descriptions have a requirement of a four-year college degree. Cncl. Joos would like to see some sort of educational requirements for the fifth revised job description which is the Public Works Superintendent. Menden/Clay moved to approve the job descriptions for the position of City Clerk, Assistance City Administrator, Public Works superintendent, Natural Resource Coordinator and Project Engineer, with an effective date of July 9, 2007 for each. Motion carried 3-2 with Lehman and Joos opposed. (CC document No. 439) Ms. Wilson presented Council with the Adoption of an Updated Pay Plan for Full-Time, Non- Union Employees. Ms. Wilson stated that the updated pay plan has been developed using data from a group of ten comparison cities. Ms. Wilson stated the City used the 50th percentile of the comparison cities to establish a market rate. As a result the recommended increases range from 1.62 to 8.51 percent for the top step. No one is getting more that a 3% increase at this time. Ms. Wilson stated there were a few questions that were asked during the work session in April. One was a question regarding pay grade 12 which is unused. Ms. Wilson stated she spoke to Rod Kelsey the consultant on the project and Mr. Kelsey stated the numbers were placed at a midpoint between the grade 13 and grade 11 positions as a spacer. The second question was with regard to highs and lows skewing the estimates. Ms. Wilson stated that the 50% median was used to prevent skewing the highs and the lows verses averages which can be significantly impacted by outliers on either end. Clay/Menden offered Resolution No. 6617, A Resolution Adopting a Revised 2007 Pay Plan for Certain Non-Union Employees ofthe City of Shakopee, and move it's adoption. Discussion followed. Cncl. Menden stated that the Project Engineer position shows a zero percent increase. Cncl. Menden emphasized to staff that this position would be receiving a promotion but.not in pay and wanted staff to be aware of this. Official Proceedings of the June 05, 2007 Shakopee City Council Page -13- Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman opposed. Ms. Wilson presented Council with an Amendment to Union Contracts for Police Officers and Public Works Employees. Ms. Wilson stated that the current contracts with Patrol Officers and Public Works employees were negotiated in early 2006 with the understanding that once the results of the pay plan study were complete, the City would be willing to re-open the wage provisions of those contracts if a need to do so was suggested by the study. Menden/Clay moved to authorize the appropriate City officials to enter into contract amendments with Law Enforcement Labor Services, representing the Police Officers with the Shakopee Police Department, and Teamsters Local 320, representing employees of the Public Works Department to increase wage rates for Police Officers and Maintenance Supervisors to the amounts not to exceed those listed in the wage schedules dated July 9, 2007 and January 1, 2008. Motion carried 4-0 with Cncl. Lehman opposed. (CC Document No. 438) Mr. McNeill presented Council with the Visioning Follow-Up. Mr. McNeill stated that on May 29,2007 the City Council, six members of the Visioning Steering Committee, and City staff met to review a number of issues relating to the Strategic Visioning Initiative. Mr. McNeill stated that the consensus at the meeting was to modify the Mission Statement; the Vision Statement was accurate and no changes were made; and the Strategic Strategies were changed by those in attendance. Mr. McNeill reviewed each of the strategies and action steps resulting from the meeting. Clay/Lehman moved to adopt modifications to the City's Mission Statement, and Two Year Strategic Strategies, as outlined in the staffmemo from Mr. McNeill dated May 31,2007. Motion carried 5-0. (CC Document No. 440) Mayor Schmitt asked ifthere were any other Council concerns. Cncl. Joos reminded everyone to attend the City's sesquicentennial celebration. Mayor Schmitt asked there was any other Business to discuss. Cncl. Menden asked for an update on the Park and Recreation position that has been posted. Mr. McNeill stated that there were 33 applicants and seven people are scheduled to be interviewed. Two or three will be called back for second interviews. Mr. McNeill expects a recommendation to Council on July 3, 2007. Clay/Menden moved to adjourn to Tuesday, June 19, at 6:45 p.m. Mayor Schmitt stated the 6:45 p.m. start time is to recess for an Executive Session. Motion carried 5-0. &eeti~tt~ed at 11 :06 p.m. v&3 ~~ J dith S. Cox ~ ity Clerk Kim Weckman Recording Secretary