HomeMy WebLinkAbout5.F.2. Approval of Minutes:December 18, 2007 5 F..Z~ .
t
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 18, 2007
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Steve
Menden, Matt Lehman, Terry Joos and Council Elect, Patrick Heitzman present. Also present
were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator;
Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland,
Finance Director; and Jamie Polley, Director of Parks, Recreation and Natural Resources.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions Co the a~en~l~~. Mr. McNeill stated
there were no additions or deletions to the agenda as pub fished.
JooslClay moved to approve the agenda. Motion carried >-U.
In the Mayor's Report Mayor Schmitt wished everyone a Merry Christmas and a Happy New
Year.
ti
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. There
were none.
Lehman/Menden moved to approve the Consent Agenda. fir. Mc Neill read the consent
business.
Cncl. Joos asked if there as any consideration into alternative fuel options for Consent items
S.A.4, Squad Car Purchases and S.A:S, Fire Chief Vehicle.
Mr. McNeill stated thaTresearch was done and could be used on future vehicle purchases.
Cnc~t Joos asked that items ~.A..4 and >.AS be removed from the Consent Agenda for further
discussion.
Joos/Lehman moved to remove S.A.4 and S.A.S regarding the purchases of vehicles from the
consent agenda. Motion carried 5-0.
Mayor Schmitt asked for a vote on the main motion as amended. Motion carried 5-0.
Lehman/Menden moved to authorize the appropriate city staff to enter into a Mutual Aid
Agreement with the Minnesota Department of Corrections-Shakopee Facility. (Motion carried
under the Consent Agenda)
Lehman/Menden moved to authorize the appropriate City officials to enter into the 2008. Joint
Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police
Department, and authorize the expenditure of $8,400.00. (Motion carried under the Consent
Agenda)
Official Proceedings of the December 18, 2007
Shakopee City Council Page -2-
Lehman/Menden moved to approve the purchase using $13,225 from the telecommunication and
$19,503 from the police department DWI forfeiture fund to purchase two in-squad cameras and
their supporting hardware and software from Mobil Visions Inc. (Motion carried under the
Consent Agenda)
Lehman/Menden Offered Resolution No. 6698, A Resolution Setting the Public Hearing Date to
Consider the Vacation of Adams Street and the Adjacent Alleys, Between 2°d Avenue and 3rd
Avenue West, and moved its adoption. (Motion carried under the Consent Agenda) ,;ja-
Lehman/Menden moved to approve the waiver of subdivision criteria for side yard setback in the
R-1C Zone to allow a zero foot side yard setback at 427 Minnesota'Street, PID Number 27-
097002-0. (Motion carried under the Consent Agenda)
Lehman/Menden offered Ordinance No. 789, Fourth Series`An Ordinance; :mending City Code
Sec. 11.62, 5ubd. 3. K. Regarding Driveway Grades, and moved its adoption. ~!~lotion carried
under the Consent Agenda)
Lehman/Menden offered Resolution No. 6705, a Resolution of Concurrence with~Scott County
Resolution No. 2007-163, Designating a Portion of County`-State Aid Highway No. 16 (17th
Avenue), and moved its adoption. (Motion carried under the Consent Agenda) (CSAH 15 to
CSAH 83)
Lehman/Menden offered Resolution No. 67U~, a Resolution of Concurrence with Scott County
Resolution No. 2007-160, Revoking a Portion of County State Aid Highway No. 16, and moved
its adoption. (Motion carried under the Consent Agenda) (CSAH 17 to CSAH 83)
Lehman/Menden offered Resolution No. 6706, A Resolution Appointing the Public Works
Director/City Engineer and Assistant>City Engineer to Serve as Representative and Alternate,
Respectively,. at the Project Cooperator Meetings;Aceording to the Joint Powers Agreement and
Memorandum of Agreement for the Restoration and Maintenance of the Prior Lake Outlet
Channel, and moved itsadoption. (Motion carried under the Consent Agenda)
LehmanlMenden moved to direct staff to use the re-purchase agreement with Siemon Implement,
Inc. on the John Deere Gator for the price of $1,597.50. The purchase price to be funded out of
the Internal Service Equipment`'Fund. And direct staff to invoice Shakopee Downtown
Partnership $1,597.50. to reimburse the fund. (Motion carried under the Consent Agenda)
Lehman/Menden moved to authorize staff to utilize the re-purchase agreement with Lano
Equipment, Inc. on the 2007 5-185 & 5-300 Bobcats for the price of $9,181.37 with the funds to
be expended from the Internal Service Equipment fund. (Motion carried under the Consent
Agenda)
Lehman/Menden moved to authorize staff to utilize the re-purchase agreement with Siemon
Implement, Inc. on the 2006 John Deere 5425 Tractor for the price of $6,272.85 with the funds
to be expended from the Internal Service Equipment Fund. (Motion carried under the Consent
Agenda)
Official Proceedings of the December 18, 2007
Shakopee City Council Page -3-
Lehman/Nlenden moved to authorize staff to use the re-purchase agreement with Siemon
Implement, Inc. for Unit #167 a John Deere 1445 Mower with the repurchase price of $3,500.00
plus $8.00 for every hour over 275 hours with the payment to be expended from the Internal
Service Equipment Fund. (Motion carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6702, A Resolution Adopting the 2008 Pay Plan for the
Elected Officials and Certain Non-Union Employees of the City of Shakopee, and moved its
adoption. (Motion carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6703, a Resolution Adopting. the 2008 Pay Plan for the
Part-Time Employees of the Shakopee Fire Department, and moved its adoption. (Motion
carried under the Consent Agenda)
LehmanlMenden moved to authorize the hiring of Vicki Kubcs pcirt-tune Receptionist, at
Step E of Grade 1 of the City's full-time pay plan, contingent upon the successful completion of
the required pre-employment screenings. (Motion carried under the Consent Agenda)
Lehman/Menden moved to accept, with regret, the resignation of Firefighter Ken Berg. (Motion
carried under the Consent Agenda)
~a..
Lehman/Menden moved to appoint Ed Sch«-aesdall to the position of Acting Fire Chief,
effective January 1, 2008 until such time as a fill-time Chief is hired. (Motion carried under the
Consent Agenda)
Lehman/Menden moved to approve the revised job description'for the position of IT
Coordinator. (Motion carried tinder the Consent ~4genda) (GC Document No. 450)
Lehman/Menden moved to approve the bills in thr amount of $653,977.78. (Motion carried
under the Consent Agenda)
Lehman/Menden moved to ap}~ivve the City Council minutes of November 20, 2007, Special
Session minutes of Noveiiibcr 20; 2007, and City Council minutes of December 3, 2007.
(Motion carried under the Consent Agenda)
Lehman/Menden moved to approve:
1. the app ication and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel
Pawn, 45Q West First Ave.
2. the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand
Dealer's license to Mark Pearson, DRM LLC of Shakopee, dba Excel Pawn, 450
West ls` Avenue
3. the application and grant a Pawnshop License to PawnXchange LLC, 1133
Canterbury Road.
4. the application and grant a Pawnbroker, Precious Mental Dealer and Secondhand
Dealer's license to Mark Smith, PawnXchange LLC, 113 Canterbury Road.
(Motion carried under the Consent Agenda)
Lehman/Menden moved to approve the applications and grant a Tattoo License to Linda Malone,
Body Art, 205 South Lewis Street, and to Susan Prince, Center for Permanent Cosmetics, 287
Official Proceedings of the December 18, 2007
Shakopee City Council Page -4-
South Marshall Road, contingent upon meeting all licensing requirements. (Motion carried
under the Consent Agenda)
Lehman/Menden moved to approve the applications and grant a Taxicab License to Oscar Salas,
dba Shakopee Taxi and to Tri Taxi Inc., contingent upon meeting all licensing requirements in a
timely manner. (Motion carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6701, a Resolution of the City of Shakopee, Minnesota,
Approving A Premises Permit for CLIMB Theatre, Inc., and moved its adoption. (Motion
carried under the Consent Agenda)
Lehman/Menden moved to authorize the purchase of hardware and'software for a Government
Access Edit Suite at a cost not to exceed $16,000. (Motion carried wilder the Consent Agenda)
Lehman/Menden moved to authorize the purchase of phase one of the IT disaster recovery;
system, from the 2007 Telecommunications Fund budget, at a cost not to exceed-.$56,000.
(Motion carried under the Consent Agenda)
Lehman/Menden moved to approve the renewal of the workers compensation policy with the
League of Cities Insurance Trust for a deposit premium of $305,138. (Motion carried under the
Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience that v, fished to speak on a matter that
was not on the agenda. No one responded.
Gregg Voxland, Finance Director, presented Council with the2007-08 Tax Levy and Budget
Resolutions. Mr. Voxland said the total gross tax capacity tax levy for 2007/08 is $1,521,255
(12.2%) more than for 2006107. Mr. Voxland said the total revenues are up 1% and the total
expenditures are up 3%. The general budget includes adding two police officers and afull-time
fire chief and eliminating .4 of a fiilltimeadminishation position as well as two engineering staff
and~.5 of a full tune recreation~position.
Menden/Joos moved to open the Public Hearing on the 2007/08 Tax Levy and Budget. Motion
carried 5-0`
Mayor Schmitt asked if there ~~~as anyone in the audience who wished to speak at the public
hearing. No one responded.
Joos/Clay offered Resolution Number 6699, A Resolution Setting the 2007 Tax Levy Collectable
In 2008, and moved its adoption. Motion carried 5-0.
Joos/Clay offered Resolution Number 6700, A Resolution Adopting the 2008 Budget, and
moved its adoption. Discussion followed.
Cncl. Menden asked why four building inspectors are needed when the housing market has
slowed down. Mr. Leek stated that there is a still lot of activity going on in the inspectiori'~=
department even though the housing market has slowed down. Mr. McNeill stated that staff will
continue to monitor work load for inspectors in 2008.
Official Proceedings of the December 18, 2007
Shakopee City Council Page -5-
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Joos/Menden moved to close the public hearing. Motion carried 5-0.
Mayor Schmitt moved on to items removed from the Consent Agenda. Mr. McNeill asked if the
discussion regarding squad car purchases and fire chief vehicle purchase could be held at a later
time so Fire Chief Schwaesdall could be in attendance.
Cncl. Lehman and Cncl. Joos added that they are not concerned about the .physical characteristics
of the vehicle but if there is a flex fuel vehicle available and if staff has looked at that option.
Joos/Menden moved to table the purchase of five squad cars for. the Police Department and the
purchase of a vehicle for the new Fire Chief. Motion carried 5-0.
Mayor Schmitt asked for liaison reports. Cncl. Lehman and Cnel. Menden stated that they
attended the Police Master Planning task force they are members of. They said the first2few
meetings have been discussions about the operations of he police department. Cncl. Loos had
nothing to report. Cncl. Clay said he will be attending the Transit Board Meeting~the following
morning. Mr. Leek previewed what the Transit Board Meeting discussion will be about. He said
they will be discussing the draft Legislatve,Agenda. Mr. Leek also stated that there has been a
15-20% ridership increase since opening the Park and Ride in Shakopee..
Menden/Joos moved to recess for the Economic Deg eloptnent Authority Meeting at 7:40 p.m..
Motion carried 5-0.
Mayor Schmitt re-conve3~cd the meeting at 7:50 p.m.
Jamie Polley, Director of Parks, Reel~eation and Natural Resources, presented Council with Parks
and Recreation ?OQ8 StafGn~~.
Ms. Polley stated that the La~ldscape Architect/Park Design (LAPD) position is budgeted in the
recreation fund. Ms. Polley stated that the recreation fund revenue illustrated that 100% of the
position's salary would be brought back into the Recreation Fund from the Park Reserve Funds.
Over time this position was given additional tasks that fall within park development and design
but there are tasks that cannot be charged to the Park Reserve.
Ms. Polley stated that the Recreation fund is funding programming for the department. In
looking at the budget, we feel that $15,000 from the recreation fund can be freed-up to fund an
additional three months of the LAPD position (the position is currently funded for six months in
2008). The additional funding needed to fund the position for the remaining three months would
need to come from the Recreation Fund fund-balance, which has approximately $400,000 in it.
Discussion followed.
Clay/Menden moved authorizing the funding of the Landscape Architect/Park Designer position
for a full year based on the anticipated 2008 work load and authorize the additional three (3)
months of funding to be allocated from the Recreation Fund-fund balance; and, direct staff to
prepare a budget amendment for FY 2008 to accommodate this action. Discussion followed.
Official Proceedings of the December 18, 2007
Shakopee City Council Page -6-
Mayor Schmitt and Cncl. Lehman stated they were concerned about the additional funding of the
LAPD position being taken from the Recreation Fund-fund balance due to the speculation of
revenue for FY 2008.
Cncl. Joos called the question. Motion carried 5-0.
Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman opposing.
Michael Leek, Community Development Director, presented Council with the City of Shakopee
2030 Comprehensive Plan Update for Adjacent Jurisdiction Revie«~ and Comment.
Mr. Leek stated he is looking for Council to allow him to distribute for,comment to adjacent
jurisdictions. Once the comment period concludes a revised Plan will be brought back to
Council for discussion and adoption and submittal to theMetrop~litan Council in July 2008.
Menden/Joos moved to authorize the appropriate City officials-bto distribute the City's draft 2030
Comprehensive Plan to adjacent jurisdictions for=review and comment as required by the
Metropolitan Land Act Plan. Discussion followed.
Cncl. Menden asked Mr. Leek who would be getting copies ofthe plan. Mr. Leek stated that
copies would be sent to adjacent cities, school districts that serve the.City of Shakopee,
Watershed Districts, Shakopee Mdewakanton Sioux, and to the appointed boards.
Mayor Schmitt asked for a vote on the motion. ~~lotion carried'S=O.
Bruce Loney, Public Works Director, presented Council with the Approval of Agreement No.
90999 between the City. of Shakopee and Union Pacific Railroad Company and the
Commissioner of Transportation of the State of MN for Railroad Crossing Signals and Gates at
the Intersection of Atwood Street.
Mr. Loney stated that the City has applied for additional safety improvements for its railroad
crossings .and was successfiiLn obtaining Federal funding for the crossing at Atwood Street.
With this agreement, the City of Shakopee will be responsible for 10% for the costs for the
placement of the signals, gates and circuitry at the intersection. Mr. Loney also stated that the
City of Shakopee will be responsible for obtaining the right-of--way for a control cabinet for the
crossing at Atwood Street. Mr. Loney stated that the City's cost is estimated to be $28,611.80.
Mr. Loney stated that the concern for placing gates at this location is whether the switching
operation of rail cars at Rahr will close the gates during this operation. He explained that staff
did ask Mn/DOT to consider this concern during the design and implementation of the safety
improvement. Discussion followed and staff was asked to work with Mn/DOT regarding this
matter.
Joos/Cabman offered Resolution No. 6707, Authorizing Agreement No. 90999 for Installing
Railroad Crossing Flashers and Gates at Atwood Street, and moved its adoption; and, directed
staff to negotiate with the appropriate authorities per our direction (so that the gates do not
operate during the switching operations of rail cars at Rahr). Motion carried 5-0.
Official Proceedings of the December 18, 2007
Shakopee City Council Page -7-
Joos/Lehman moved to recess for five minutes. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:40 p.m.
Mark McNeill, City Administrator, presented Council with an update of the Land Holdings in
Shakopee by the Shakopee Mdewakanton Sioux Community (SMSC).
Mr. McNeill advised Council that the amount of land in Shakopee currently controlled by the
SMSC either through its ownership or the Federal government's ownership of land in trust now
totals about 1,594 acres (about 2.49 square miles), which is equal to abouf 10 percent of the total
land area of the City of Shakopee and one-third of the available developable land area remaining
within the city limits. When combining with acquisitions in the city of Prior Lake, the SMSC's
total holdings are now nearly 2800 acres.
Mr. McNeill stated the lands owned by SMSC are de facto outside the City in that the City has
no regulatory or taxation authority over them and the way they will be developed and zrsed. Mr.
McNeill added that from a planning standpoint, continued transfer of land into Trust status adds
uncertainties in park planning, road right of way, transit,. school impact, natural resources and a
new fire station location.
Mr. McNeill stated that he is not looking for any action from Cotnicil as the presentation was for
informational purposes only.
Mr. McNeill presented Council with date options in January and`'February for special meetings.
After discussion, the following dates and times were agreed upon.
• Emergency Management on January 14, 2008 at 6:30 p.m.
• Historic Preservation Advisory Commission (HPAC) and Environmental Advisory
Commission (EAC) on January,22, 2008 at 6:30 p.m.
• Regular February 5, 2008 Council Meeting moved to February 4, 2008 at 7:00 p.m.
~ Council GoalSetting on February 11, 2008 at 6:30 p.m.
Mayor Schmitt asked if there any Council ooncerns. Cncl. Clay thanked Cncl. Menden for the
exemplary job, he's done as a Council member the past four years. Clay/Joos & Lehman moved
to draft a resolution of appreciation to Cncl. Menden. Motion carried 5-0. Cncl. Joos and Cncl.
Lehman also thanked Cncl. Menden for the great job he's done as a Council member.
Mayor Schmitt invited the>other Council members to attend the League of Minnesota Cities
meeting for new Council on January 18 and 19, 2008. If they are interested in attending, they
should contact Mark McNeill.
Menden/Joos moved to adjourn. Motion carried 5-0. The next meeting will be on Wednesday,
January 2, 2008, at 7:00 p.m.
The meeting was adjourned at 9:15 p.m.
®fficial Proceedings of the December 18, 2007
Shakopee City Council Page -8-
Judith S. Cox
City Clerk
Kim Weckman
Recording Secretary
~
b.