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HomeMy WebLinkAbout5.F.2. Approval of Minutes: april 18, 2006 and April 26, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,NITNNESOTA APRIL 18,2006 The Boys Scouts presented the colors. Mayor Schmitt called the meeting to order at 7:02 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant to the City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig, Director of Parks, Recreation and Facilities, and Sherry Dvorak Parks and Recreation Supervisor. The Pledge of Allegiance was recited. Mark McNeill stated that item 5.A.5.FinaIPlat for Ridge View Farms, be removed from the agenda. The developer needed to meet with staff first and it would be brought back at the next meeting. Joos/Menden moved to approve agenda as amended. Motion carried 5-0. Mayor Schmitt reported that he attended a luncheon about the Scott County Co-op. Mr. Schmitt stated that the luncheon showed just how much the Co-op benefits the City of Shakopee. Casey Block, President of the Shakopee Jaycees, and Justin Scully, Vice President, presented the Council with a donation of$25,000 for Tahpah Park Improvements. Lehman/loos offered Resolution No. 6407, A Resolution of the City of Shakopee, Minnesota Accepting a Donation of $25,000 from the Shakopee Jaycees, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked for any. changes to the consent agenda. A revised memo was presented at the meeting for 5.FA Purchase of Recycling Bins; and, 5.D.3 support the Clean Water Legacy Act - Res. No. 7404 was removed from Consent Agenda. Joos/Clay moved to approve the consent agenda as amended. Mr. McNeill read the Consent Agenda business for the record. Motion carried 5-0. J oos/Clay moved to authorize publication of notice of availability of the draft EA W for "The Bluffs" in the EQB Monitor and distribution of the draft EAW to agencies for review and comment. (Motion carried under Consent Agenda). Joos/Clay offered Resolution No. 6400, a Resolution of the City of Shakopee, Minnesota Upholding the Board of Adjustment and Appeals Determination Regarding a Sign Official Proceedings of the April 18, 2006 Shakopee City Council Page -2- Variance for Property at Outlot B, Riverside Fields First Addition (proposed Kwik Trip at Crossings Boulevard and County Road 18), and moved its adoption. (Motion carried under Consent Agenda). Joos/Clay offered Ordinance No. 754, an Ordinance ofthe City of Shakopee, Minnesota, Approving the Renaming of Cambridge Court to Langston Court in Stonebrooke Fourth Addition, and moved its adoption. (Motion carried under Consent Agenda). Joos/Clay moved to authorize the appropriate City officials to execute a contract with WSB & Associates, Inc. for the preparation of an update to the City's sanitary sewer plan in accordance with the March 17th proposal submitted by WSB (not including the optional task of preparing a computer model), and at a cost not to exceed $29,819. (Motion carried under Consent Agenda). Joos/Clay moved to direct staff to utilize the re-purchase agreement with Siemon Implement, Inc. on the John Deere Gator for the price of$I,597.50, with the purchase price to be funded out of the Internal Service Fund. And direct staff to invoice Shakopee Downtown Partnership $1,597.50 to reimburse the fund. (Motion carried under Consent Agenda). Joos/Clay offered Resolution No. 6397, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for CSAH 83 Trunk Sewer Extension, From Church Addition to River Valley Estates Project No. 2006-6, and moved its adoption. (Motion carried under Consent Agenda). Joos/Clay offered Resolution No. 6408, A Resolution Approving City Staff to Enter into a Consent to Encroach Agreement with 1773 Switchgrass Circle (Lot 68, Block 1 of Riverside Fields Fourth Addition), and moved its adoption. (Motion carried under Consent Agenda). Joos/Clay moved to authorize the low quote from Visu-Sewer Clean & Seal, Inc. in the amount of$10,650.00 for the lining of the newly installed manhole along the MCES , (Metropolitan Council Environmental Services) Prior Lake interceptor sanitary sewer. (Motion carried under Consent Agenda). Joos/Clay moved to declare 32 bicycles as surplus property and authorize staff to appropriately dispose of these items. (Motion carried under Consent Agenda). (CC Document No. 407) Joos/Clay moved to authorize staff to declare a 1994 Suzuki Swift (VIN #JS2AC35S0R5100886), a 1992 Plymouth Voyager (VIN #2P4GH2536NR583530), and a 1992 Plymouth Acclaim (VIN #IP3XA4639NFI59916) as surplus property. (Motion carried under Consent Agenda). (CC Document No. 408) Official Proceedings of the April 18, 2006 Shakopee City Council Page -3- Joos/Clay offered Resolution No. 6405, a Resolution of the City of Shakopee, Minnesota Authorizing the City to Submit a Baseball Tomorrow Fund Grant Application for the Tahpah Park Youth Baseball Field Construction, and moved its adoption. (Motion carried under Consent Agenda). Joos/Clay moved to authorize renewal of the agreement with the Shakopee Jaycees providing concession service at Tahpah Park through July 31, 2006. (Motion carried under Consent Agenda). Joos/Clay moved to end the 12-month probationary period, and grant full time status to Kristine Wilson, Assistant to the City Administrator. (Motion carried under the Consent Agenda). Joos/Clay moved to authorize hiring Steve Quaday for the position of Custodian at Grade 1, Step E of the 2006 City Pay Plan, contingent on the successful completion ofthe City's required pre-employment screening. (Motion carried under the Consent Agenda). Joos/Clay moved to approve the bills in the amount of$947,593.13 plus $82,362.00 for refunds, returns, and pass through for a total of$I,029,955.13. (Motion carried under the Consent Agenda). Joos/Clay moved to adopt the findings of the January 24th Vision Implementation and Goal Setting Workshop. (Motion carried under the Consent Agenda). (CC Document No. 409) Joos/Clay moved to authorize the appropriate officials to sign the "Recycling Program Agreement" for 2006 by and between Scott County and the City of Shakopee. (Motion carried under the Consent Agenda). Joos/Clay moved to award a bid to Busch Systems International for 3,000 18-gallon curbside containers for $17,880, and further authorize purchase of 100 lids for said containers, at an additional price of $41 0 (including shipping). (Motion carried under the Consent Agenda). . Mayor Schmitt asked ifthere was anyone in the audience who wanted to comment on items that were not on tonight's agenda. There was no one. Michael Leek presented the council with a request for vacation of 4th and 5th Avenues between Webster and Adams, vacation of Webster St between 4th and 5th Avenues, and vacation of 60 feet of the alley east of Webster St between 4th and 5th Avenues. The Planning Commission recommended denial of vacation. However, the Planning Commission did recommend that the City take some action to address the behaviors that were mentioned in the vacation request. Official Proceedings of the April 18, 2006 Shakopee City Council Page -4- Cncl. Menden asked Mr. Leek if there was any idea what might happen on this portion of the Correctional Facility. Mr. Leek stated that he was not aware of any plans for the future of this portion of the property. Mr. McNeill stated that a number of years ago there was discussion of a juvenile facility on the north side of 6th Ave, but nothing has been discussed lately. The State has been protective of their property and would like to keep it open for future use. Mayor Schmitt asked Mr. Leek ifthere are utilities in the easements. Mr. Leek stated that SPUC noted utilities in 4th Ave and Webster St. Mr. Loney stated that on Webster St. from 3rd Ave to 6th Ave. there is a forced main from Rahr Malting. Although it might be considered private service, it does serve a big sewer function for current flow. There is storm sewer, water mains, and sanitary sewer in these easements as well. Cncl. Lehman asked if these areas were to be vacated, would the City continue to maintain the current easements. Mr. Leek stated that the City would maintain easements. Cncl. Lehman asked if the City vacated these areas, would any future property owner who wanted to develop be required to put in roads for access. Mr. Leek stated that if there were a large enough parcel that required access, yes the property owner would be responsible for putting it in. Lehman/Ioos moved to open the public hearing on the proposed vacation of 4th and 5th Avenues between Webster and Adams, vacation of Webster Street between 4th and 5th Avenues, and vacation of60 feet of the alley east of Webster Street between 4th and 5th Avenues. Motion carried 5-0. Mayor Schmitt stated that there is nothing in the long-range comprehensive plan for the :rv1N State Correctional Facility. Mayor Schmitt stated that they are encouraging legislators to work with the City on any future plans for the facility. Mayor Schmitt asked the audience if there was anyone who wanted to speak on the subject. Robin McCullough, 935 W 5th Ave, stated that the petition was inspired from long term problems. Mr. McCullough stated that he has lived in this neighborhood for many years. Trespassing, dumping, parking, theft, graffiti, illegal vehicle operation, public urination, wandering foot/bike traffic, etc. are all examples of the unwanted behavior that occurs in this area. Mr. McCullough stated that he would like more control of the area and would like to clean up this area of town. Mr. McCullough stated that if these areas are vacated he will be able to link his two properties together and would gain limited usable space. Mr. McCullough stated that if this area was vacated he would be able to limit the undesirable activities that are occurring. He understands that part of 4th Ave W would be used for a trail to connect Riverview and Holmes Parks. Mr. McCullough stated that he Official Proceedings of the April 18, 2006 Shakopee City Council Page -5- understands the City's need to retain easements in the area. Mr. McCullough stated that the unspecified trails through portions of these properties need to be addressed. Mr. McCullough stated that a regular trail would be better suited and that this could maybe be addressed when future utilities go in. Mr. McCullough stated that he did not believe the water main on Webster St. from 3rd Ave to 5th Ave was complete; it was only complete from 5th Ave to 6th Ave on Webster St. There would also be another smaller water main from Cass St. to Webster St. to tie them together, but SPUC did not have a time frame on this. Mr. McCullough believes that this petition also agrees with the Natural Resource Specialists' opinion that the slope and topography of this area be maintained as an asset to the City. Cncl. Lehman asked Mr. McCullough how the proposed vacation would eliminate the described problems. Mr. McCullough stated that he would like to place a barricade or unlocked gate by lots 1 and 10 (that would be tied together) that would allow for utility access, but prevent unwanted traffic. Mr. McCullough would also like another gate at 4th Ave Wand Adams St.. that would still allow access for maintenance. Mr. McCullough stated that his alley would dead-end at the connection of lots 1 and 10 and signage should be placed stating that it is a private access or dead-end. Cncl. Lehman asked Mr. McCullough if there would be a "mini homeowner's association" that would plow the alley. Mr. McCullough is proposing that the City still plow the alley from off of Cass St. The smaller alley way forIots 1 and 10 would be Mr. McCullough's and the Department of Correction's responsibility. Cncl. Lehman expressed concern that a dump truck would not be able to back up. Mr. McCullough pointed out that small trucks plow the alleys and felt that it would be possible for the City to still maintain as is. Mr. McCullough proposed that if it were a problem, the alley is wide enough to make it into a turn around at the end of the alley. Cncl. Clay asked Mr. McCullough how a fence or gate would stop the foot traffic and ATVs. Mr. McCullough stated that there will never be 100% compliance, but felt that once boundaries were established and it looked like private property greater compliance would occur. Also if it were his property he would have the ability to ask people to not trespass; now he cannot do that. Mayor Schmitt asked if garbage collection occurred on the alleyway. Mr. McCullough stated that garbage was not picked up in the alley per Council decision several years ago. Mr. McCullough stated that there are 3 driveway accesses off the alley; 911 5th Ave, Darren Giese, and himself Mayor Schmitt asked Mr. Loney to comment on the utility issues. Mr. Loney stated that typically alleys do not just end, but are made to be able to drive through. This is for Official Proceedings of the April 18,2006 Shakopee City Council Page -6- maintenance and safety issues. Mr. Loney felt that maybe if a portion of the alley was to be vacated, it should be considered to vacate the entire alley. Mr. McCullough stated there are 3 other dead end alleys in the City. He understands that the City doesn't want to create a whole bunch, but wanted to point out that others do exist. Mr. McCullough stated that Mr. Giese did entertain the idea of paving his property and 911 5th Ave W. together and out the alley to Cass Street. Cncl. Lehman stated if an agreement was made with the owners to blacktop the entire alley; it would alleviate the maintenance issue. Mayor Schmitt stated that the City had done this is the past and it created several problems. Cncl. Joos stated that the problems are still not rectified. Menden/Joos moved to close the public hearing. Motion carried 5-0. Joos/Menden offered Resolution No. 6402, a Resolution of the City of Shako pee, Minnesota Denying the Vacation of Rights-of-Way of 4th Avenue West and 5th Avenue West Between Webster Street and Adams Street, Webster Street Between 4th Avenue and 5th Avenue, and 60 Feet of Alley East of Webster Street Between 4th Avenue and 5th A venue, and moved its adoption. Cncl. Joos stated that he could see this being appropriate in the future, but that it is not the right time now because the City cannot anticipate what the future development will be. Cncl. Joos stated that the problems are more of an enforcement issue than a planning issue. Cncl. Lehman stated that it is disheartening that a property owner has to come forward to ask for vacation of property in order to enforce existing laws better than the City can do with its' resources. Mayor Schmitt stated that a dead end sign should be placed at the alley to discourage entering. Also at the end of the. alley it could be possible to put a barricade or posts to prevent entering. Mayor Schmitt also asked if anyone knew ifthe City or its' contractors disposed of concrete or similar products on that property. Cncl. Menden stated the he would vote against the vacation because he did not believe the vacation would solve the trespassing issues. Cncl. Menden also stated that he Council has learned the hard way to be very careful about issuing vacations. Motion carried 5-0. Joos/Lehman moved to direct staff to work with the landowner on issues of trespassing and dumping and P.D. enforcement. Motion carried 5-0. Official Proceedings of the April 18, 2006 Shako pee City Council Page -7- Ryan Hughes, Natural Resource Specialist, presented Council with the Federal Clean Water Legacy Act which is a state initiative to help achieve and maintain the water quality standards for surface waters as required by the Federal Clean Water Act of 1972. This Actwould provide funding for cities that need to expand, repair, replace, or improve the performance of wastewater treatment and stormwater systems. Cnd Menden stated that this was brought to the Council at the last minute because he had asked staff to look into it at the last minute. This is important to him.because he has seen the problems that occurred with the cities of Annandale and Maple Lake, and noted that many cities will face these problems including Shakopee. Cnc!. Menden stated that this legislation would designate funding and hoped this might not end up as another unfunded mandate. Joos/Clay offered Resolution No. 6404, A Resolution of the City of Shakopee, Minnesota Supporting the Clean Water Legacy Act (SF 762), and moved its adoption. Motion carried 5-0. Liaison Reports were given by Council Members. Menden/Joos moved to recess for the Economic Development Authority Meeting at 7:59 p.m. Motion carried 5-0. Mayor Schmitt reconvened the meeting at 8:40 p.m. Mr. Leek presented the council with a comprehensive plan amendment to re-guide property from Rural Residential (RR) to Single Family Residential, extend Metropolitan Urban Service Area (MUS A), and rezone property from Agricultural Preservation (AG) to Urban Residential (R-IB). The parcel is approximately 80 acres with 40 acres lying north of County Road 16 and south of Riverside Fields. The other 40 acres lies southof County Road 16 and east of Foothill Trail. There are two operative comprehensive plans. There is a plan which was updated in 1999 and accepted by Met Council in 2002. That plan guides the southerly portion for Rural Residential. The 2003 plan guides it for Low Density Residential, which is generally single family but not always. The 2003 plan was scheduled to be heard by the Community Development Committee at the Met Council today, but was canceled and rescheduled for May 1. It will then go to the Met Council after that. Since the 1999 plan already calls for single family zoning on the north side, there is no need to re-guide it. However, the south side does need to be re-guided for low density residential. There is also a request to extend MUSA to the entire 80 acres, which is two parcels, but owned by the same party. The request for the southerly zoning is RIB, which is a Single Family Detached Zoning District know as Urban Residential. On April 6th, a public hearing was held before the Planning Commission. The staffs' recommendation to the Planning Commission was to consider anR-IA Zoning due to Official Proceedings of the April 18, 2006 Shakopee City Council Page -8- different natural resource issues. The Planning Commission recommended R-1A zoning on the south side of County Road 16 and R-1B on the north side and asked staff to look into the lot depth issue in R-1A zoning. The Council is not approving a design at this time because it can change significantly with the plat review. The original concept provided for larger lots in perimeter area, and 65' wide lots in other areas. The R-1B Zoning minimums are 60' in width at the front setback lines and 100' in depth. The R-1A minimums are 80' in width at the front setback lines and 160' in depth. This depth is of concern to Scott O'Brien and is requested to be addressed. This is proposed to be a single family development on both sides of County Road 16. The Planning Commission has recommended to the City Council to re-guide the southern portion to low density, extend MUSA to the entire 80 acres, and re-zone the north half to R-IB and the south half to R- lA. CncL Joos asked if the 160' depth in R-1A is going to be looked at because this issue has come up before. Mr. Leek stated that this is being addressed. Staff is going to bring back the results of a survey of other similar ordinances to the Planning Commission along with possible solutions. Cncl. Lehman asked if the Planning Commission is leaning toward the 12,800 square foot minimum for R-1A zoning. Mr. Leek stated that it was heading in that direction. CncL Lehman asked if the R-1A rezoning is approved for the southern side, would the Council be proceeding with the current R-1A guidelines or the suggested R-1A guidelines. Mr. Leek stated that staff would be asked to make sure that there is a change in the R-1 A zoning before the southern plat would be brought back. Mayor Schmitt asked about the utilization of acres between the R-1B and R-1A zoning. Mr. Leek stated that the Met Council is guiding for land uses that would allow for affordable housing. The City doesn't have a square foot minimum, but there is a de-facto lot minimum because of the lot width and.depth requirements. Mayor Schmitt stated that only 70% of the lot in R-1B is utilized and 88% in R-IA, and are we therefore forcing open space in the R-IB. Mr. Leek stated that was not the case. The difference comes from differences in infrastructure requirements between the two zonings. Mr. Leek stated that it doesn't result in a net difference because of the lot standards. Cncl. Joos stated that the decision on R-IA zoning was to take advantage of some of the natural amenities, use the trees, slopes, waters, etc. so they don't bulldoze it flat. It was to allow for larger homes on larger lots. Unfortunately builders have put larger houses on smaller lots. Cncl. J oos stated that the concept of larger homes on larger lots unfortunately doesn't allow for affordability either. Mr. Leek stated that R-IA does exist in the Classics Area of Southbridge Development which was supposed to be smaller, somewhat traditional. houses. However, they ended up being similar sized, but on smaller properties than Savannah Pointe. Official Proceedings of the April 18, 2006 Shako pee City Council Page -9- Mayor Schmitt stated that he believed that this was an indication that the City should consider a maximum square footage for a house on a 6,000 sq. foot lot. CncI. Joos stated that we need to be careful when doing this because these ideas promote segregation. The City wants some small houses/lots together with some large houses/lots. Mayor Schmitt stated that the City wants to encourage lots larger than 6,000 square feet to meld with the larger lots of other developments already in the area. This creates consistency with what the Council has approved in the past. Cncl. Joos stated that he believes the idea was to create a variety oflot sizes so thatthere were different levels of housing within a development. A resident could start in a small home within the development and move up to large one as needed and then move back to smaller home when they were older. Cncl. Menden asked Mr. Leek If the entire property was in Phase 1 of the MUSA plan. Mr. Leek stated that the north side is Phase 1, but the south side is not. Mr. Leek stated that because of opportunity to plan and develop the entire 80 acres as one site, the possibility of making it all Phase 1 should be considered. Cncl. Menden asked Mr. Leek how much of MUS A Phase I is still left. Mr. Leek stated that there are 2 significant properties, the 2nd Shutrop property and the Widman property adjacent to it. Currently Phase 1 goes up to the western boundary ofthe southern portion of the property in discussion. Phase 1 then goes up to include the north side ofthe property in discussion. All properties south of County Road 16 are in Phase 2. The reason this was made Phase 2 was because at the time there were issues with SPUC infrastructure. Now that the sewer plan update is underway, the Phases will be updated to reflect these changes. Cnc!. Lehman asked Mr. Leek if he knew how SPUC felt about extending MUSA to this property. Mr. Leek stated that SPUC recommended approval he believed, but would have to double check. Typically SPUC gives approval and says that water availability will be based on their standards. Cncl. Lehman asked if City infrastructure and capacity was available in this area. Mr. Leek stated that sanitary sewer capacity is available and roadway improvements would take place as a part of the development. Part of the platting process might also consider roadway connections to the east and west ofthe property. Storm drainage is also provided as part of the plat process. Scott O'Brien, 477 Spruce Street, stated that they originally requested R-IB zoning to allow for mix within the development. Mr. O'Brien stated that the 160' lot depth requirement for the City of Shakopee is inconsistent with neighboring cities including Chaska, Savage, and Prior Lake. These lots depths are extrapolated from the minimum of Official Proceedings of the April 18, 2006 Shakopee City Council Page -10- width and square footage requirements. Mr. O'Brien felt that the R-IB mix allows for affordable and high end homes within one development. The scoring system will dictate the quality of the development because it does not allow for a developer to put in a whole bunch of homes. Mr. O'Brien suggested that the City look at a hybrid zoning, where both parcels would be zoned R-IB and that a certain percentage of the lots meet the R-IA and R-IB zonings. The property owner to the east of the northern half ofthe property stated that he was open to the idea of working together to have a roadway connection between the two developments. Mr. O'Brien stated that the northern 40 acres doesn't have the same natural amenities as the southern 40 acres. Both the south and north are basically soybean fields, with a few natural amenities. Mr. O'Brien stated that Riverside Bluffs and Glacier Estates both had far more natural amenities and both ended up in the R-IB zoning. Therefore, Mr. O'Brien felt that his property should be considered for R-IB zoning to remain consistent with neighboring properties. Mr. Leek stated that he was uncertain as to whether or not the Council can legally allow R-IB Zoning and then require a certain number of lots met different zoning. Cncl. Clay asked if it was possible to zone the northern part R-IB and the southern part R-IA and overlay the entire property with a PUD to getthe mix on both sides of County Road 16. Mr. Leek stated that yes, a PUD could be used. However, there is significant area on south property and a portion on the north property that would have to remain untouched. The PUD would also require adding 15% usable open space area in addition to what is seen on the concept. Mr.. Leek also stated that the PUD mechanism wasn't meant to be used for this idea. Mr. O'Brien stated that he was not interested in the PUD concept. Mr. O'Brien stated that he has spoke with the former planner for Burnsville and the City ofBurnsville has stipulated percentages within the development. Jim Thompson, City Attorney, stated that there probably is a way to do this, there is probably something in their ordinance or else they use a PUD. Mr. Thomson stated that he wasn't aware of anything the Council ~ould do tonight to allow for this. Mr. Leek recommend that the issue of mixing lots sizes be deferred a couple of weeks so staff can research how other cities may have accomplished the mix zoning. Cncl. Joos would also like to see the lot size issue further researched and then brought back to Council. Cncl. Joos would like to decide if the property should have MUSA extended to it first. Cncl. Lehman understood that if the Council approved as presented the southern portion would be re-zoned R-IA under the new R-l A guidelines. Mr. Leek stated that it would depend on the time frame. There would be a small window oftime that the property would fall under the current R-IA zoning guidelines. Official Proceedings of the April 18, 2006 Shakopee City Council Page -11- Mayor Schmitt stated that under the present R-IA guidelines, 3 lots are required per acre. There would be no way to allow 5 lots per acre on part of it and 3 lots per acre on the other part of it. Another arrangement would need to be made. Mr. Leek stated that he didn't agree with this. Under current zoning, a net density is looked at. This might mean that some areas are more dense, while other are less, but the overall density is what is considered. Therefore it could be possible that Mr. O'Brien's concept could work. Mayor Schmitt stated that he didn't think it would be possible to achieve that overall net density because ofthe lot depth and width minimums. The R-IA calls for an 80' minimum frontage. In order for this concept to happen, you would have to allow something substantially less. This would change the whole character of the zoning, which goes back to PRD and other troublesome zoning. Menden/Joos offered Resolution No. 6409, A Resolution of the City of Shakopee Approving a Request to Amend the Comprehensive Plan to Re-guide Property to Single Family Residential and To Extend MUSA to Property Located North and South ofCSAH 16 East of Foothill Trail, and moved its adoption. Motion carried 5-0. Menden/Joos offered Ordinance No. 755, A Resolution of the City of Shakopee, Minnesota Approving a Request to Rezone Property from Agriculture Preservation (AG) Zone to Low Density Residential (R-IA) and Urban Residential (R-IB) with the understanding that the City Council will be looking into the lot requirements R-IA, and moved its adoption. Cncl. Lehman questioned the timeline to implement the changes in the zoning and the timeline for Mr. O'Brien's development. Mr. O'Brien stated that he didn't have a problem with the timeline as long as it wasn't too long. Mr. Leek stated that it would probably be 3 to 4 months before the changes would be presented to Council. Motion carried 5-0. Mr. Leek presented the Council with the requested Resolution which is consistent with the Board of Adjustment and Appeals' decision to approve the requested Conditional Use Permit for Kwik Trip, Inc. at the northwest corner of Crossings Boulevard and County Road 18. Mr. Mark Noble and Mr. Leek meet with Scott Teigen from Kwik Trip, Inc. earlier in the afternoon. Mr. Teigen stated that they do have a store that has limited hours of operation, however it is because of their experience with that store that they would choose not to operate within limited hours. Mr. Lyek stated that deliveries would likely be 1 fuel tanker, but possibly up to two; 1 grocery truck, which would be a semi-truck; Official Proceedings of the April 18, 2006 Shakopee City Council Page -12- along with other delivery trucks of a smaller scale. Me Leek corrected the resolution to state that Finding No.1, Condition D reads "It is anticipated that no more than three trucks per day will be servicing the facility." The item of screening was discussed in their meeting and options of moving plant material in their current design plan to provide more effective screening was proposed. Mr. Leek stated that traffic studies have been reviewed by WSB. No additional traffic studies are required, however, if the first access remains a right in, there will be a need to reconfigure the westerly access to make sure there are no issues with the trucks turning left and the residential traffic turning right. Mr. Leek clarified that Condition 28 of the Resolution does not automatically mean that if improvements are needed in the future, K wik Trip, Inc. would be responsible. There is a process that would take place which would determine any benefit to the property and the amount that is owed by the property owner. Mr. Leek clarified Condition 42 ofthe Resolution to read "The number of pumps shall not exceed eleven (11) and the number of fueling stations shall not exceed sixteen (16)." The clarification includes the E-85 pumps. Mr. Leek stated that Lisa Masica would like the Council to consider an additional condition of a yearly review of Conditional Use Permit. Cncl. Lehman asked Mr. Leek to clarify the number of pumps and fueling islands. Mr. Leek stated that there would be no more than 11 pumps and 16 fueling stations. Mr. Joos asked Mr. Leek to clarify that if the Council would receive complaints of the Conditional Use Permit that the Council is able to address those complaints at anytime. Mr. Leek stated that the Council is able to address complaints at anytime. Mr. Joos stated that he felt that most complaints are resolved in the beginning and then there are no issues to discuss at all of the yearly reviews. He would prefer to allow residents to bring forward complaints at anytime as opposed to have a mandated review. Cncl. Lehman asked Mr. Leek in regards to Condition 21 if the applicant would be willing to offer their site traffic patterns to the City, and would this be of a benefit to the City. Mr. Leek stated that the applicant has provided their anticipated site traffic analysis and they have been reviewed by WSB, which is what Condition 21 is asking for. Mr. Loney stated that the City has only received a one page document from Jim Benshoof that said what the traffic generation would be based on the use, but never received a detailed analysis including numbers and directions which is what Cncl. Lehman is asking for. Mr. Loney stated that a more detailed analysis needs to be provided as part of the record. Cncl. Lehman stated that he would like to see K wik Trip, Inc. provide a detailed analysis that the City's consultant can look at and verify to be consistent with how a gas station really operates. Mr. Loney stated that Condition 21 does require that information. Mr. Leek suggested that Condition 21 be clarified to include "traffic movements." Mayor Schmitt stated that it is impossible to screen all properties entirely from all vantage points because of the 3 story homes. Mr. Leek stated that he reviewed another Official Proceedings of the April 18, 2006 Shakopee City Council Page -13- gas at County Road 83 and County Road 42. At that property there is a substantial berm and the City of Prior Lake required larger trees, but there still is not perfect screenings. Mr. Leek stated that staff is more concerned about addressing where you can get the best impact from the placement of plantings, which would be along the corner of Crossings Boulevard and the entrance into the site and along the westerly boundary. Mayor Schmitt asked the audience for brief comments that have not been heard before. Lisa Masica, 1834 Penstemon Lane, stated that Kwik Trip, Inc. should have told the Council that they do have other stores operating at limited hours in good faith. Ms. Masica stated that she is concerned about their lack of good faith and if promises and conditions will be upheld. Ms. Masica offered to the Council a condition of a fee that would be paid to the Riverside Fields Association which would allow the residents to build a fence around the pool area to protect it from K wik Trip, Inc. Ms. Masica stated that she would also like to see this fee applied to the other businesses in that area in order to shield the pool from them as well. Ms. Masica encouraged the Council to make reasonable conditions on the Conditional Use Permit and to keep residents as the main concern of the issue. Rajeev Rai, 8425 Blazing Star Circle, urged the Council to reconsider their decision to allow for 24 hour operation because of the fact that total screening cannot be accomplished. Mr. Rai stated that if screening cannot be accomplished, then the hours of operation should be limited to 5 a.m. to midnight. Mr. Rai stated that he would like the Council to address the residents' concerns. Mr. Rai stated that the Council has said that the pool is in a bad place because of the developer's and that there will be head light wash because it cannot be bermed and screened. Mr. Rai stated that the Council has recognized that PRD Zoning doesn't work, but they as residents are left to deal with this bad choice. Ramon Patole, 1824 Fescue Circle, asked Mr. Leek if the street along the westerly side that goes all the way to the north ofthe property would be a one-way or two-way. Mr. Leek stated that it would have to be two-way. Mr. Patole stated that Ryland Homes originally showed them the plans which showed a tot lot next to the swimming pool and felt the developer has been deceiving. Mr. Patole stated that there is a school bus stop at the corner of Pen stem on Lane and Crossings Blvd where a number of school buses stop several times throughout the day. These school bus stops will cause a backup of traffic which will be increased because of the traffic from the gas station. Mr. Patole urged the Council to consider limiting the number of hours because it has been proven that there is another gas station 5 miles down the road that operates on limited hours, it doesn't have to be a 24 hour world. Mr. Patole urged the Council to take this new information into consideration. Official Proceedings of the April 18, 2006 Shakopee City Council Page -14- Joos/Lehman offered Resolution No. 6399, A Resolution ofthe City of Shakopee, Minnesota Upholding the B"oard of Adjustment and Appeals Determination Regarding A Conditional Use Permit for Property at Outlot B, Riverside Fields First Addition (proposed Kwik Trip at Crossings Boulevard and County Road 18) as clarified, and moved its adoption. Discussion followed. Cnc1. Clay stated that in keeping with the fact that most gas stations are in a highway zoning and that this is a community commercial zone, it should be a more muted use than the typical gas station. Cncl. Clay stated that it should be reasonable to restrict hours, especially since other Kwik Trip stations operate at restricted hours. Cncl. Joos stated that Kwik Trip is a more wholesome company which doesn't sell dirty magazines, etc. It could be possible to have another business in this property that would operate 5 a.m. to midnight, but they might not operate as wholesomely. Cnc1. Joos stated that the precedence of the hours of operation in which everyone is referring is in another City and was not set by the City of Shakopee. He is not opposed to Kwik Trip being open 24 hours. Cncl. Menden stated that he looked forward to Cncl. Clay's amendment. Cncl. Lehman stated the limited hours of Prior Lake Kwik Trip is just for a limited period of time, and eventually it will be a 24 hour operation. Cncl. Lehman stated that he disagreed with the proposed fees. Cncl. Lehman stated that his neighborhood watch group asks for donations and recommended that their association consider the same. Cncl. Lehman stated that it was improper to point the finger of the issues with the pool at Kwik Trip and that he would support the 24 hour operation because the Prior Lake Kwik Trip will also eventually be operating 24 hours. Mayor Schmitt stated that the westerly road should be designed and constructed so that it looks just like any other intersection to the west, it should line up like a typical street corner. Mayor Schmitt stated that he does not feel comfortable telling one gas station that they can operate 24 hours and another gas station that they cannot operate at 24 hours, when both stations are near to residential areas. Mayor Schmitt stated that he does not believe that it is possible to screen the properties. Mayor Schmitt stated that he cannot do anything about the zoning that is in place. Mayor Schmitt also stated that he would like to see something resolved with the pool, but unfortunately he cannot do anything about the developer's placement of the pool. Motion carried 4-1, Menden dissenting. Mr. Loney presented the Council with Plans for River District Trunk Sewer Reconstruction, Phase IT and Reconstruction of CSAH 101 from CSAH 17 East 13 70 feet Official Proceedings of the April 18, 2006 Shakopee City Council Page -15- to Mill Pond Bridge, Project No. 2006-3. Part ofthe relocation of the trunk sewer includes relocating the sewer line from under the mobile home park to CSAH 101. State Turnback Highway Funds will be used to help fund the project. Mr. Loney stated that the Council needs to decide what type of street lights it would like placed along CSAH 101, as an entry to the city..Mr. Loney stated that there is no proposed sidewalk on south side ofCSAH 101, but an 8' trail on north side that connects to Memorial Park. Mr. Loney stated that the access at Duffy's Hardware will be reduced in size. Apple Ford will have 2 accesses, just as it is now. The resident access on the east end will remain. The end of the watermain is at the resident house. There is no watermain that serves the north side of CSAH 101, including Dangerfield's. Both access points to Dangerfield's, and one to Fajita Republic will remain. The existing sewer under the trailer park will be relocated west of the trailer park. There are several services that are not being used and those will be removed as part of this project. There are two agreements that will be discussed later, a County Cooperative Agreement which would allow the County to fund the project and the City would reimburse them for the sanitary sewer, storm sewer, and water main costs. The second agreement would be between the City and Shakopee Public Utilities which would require the Public Utilities to reimburse the City for the water mam. Cncl. Lehman stated that he preferred lighting that would be appropriate for vehicles traveling 30-35 miles per hour, unlike those located downtown that are more for pedestrians. Cncl. Lehman asked Mr. Loney ifthere is currently water service to Dangerfield's Restaurant. Mr. Loney stated that there is not and he would like to seethat service go in with this project. Currently the property owner and SPUC are discussing the situation. The major issue is who would pay for that. Dan Jobe, Design Engineer from Scott County, presented the Council with information on the project. The access from CSAH 101 to the mobile home park will be combined from two driveways into one. The driveway to Fajita Republic will be widened, while the driveways to Dangerfield's and Panzanella will remain the same because there is a power pole between them. Originally the rehabilitation of the bridge was going to be included in the project, but the costs were so high that it is more economically feasible to replace it and make it a separate project. The County is hoping to replace it next year. On the south side ofCSAH 101, Duffy's Hardware access will be narrowed and closed off to Apple Ford. The access to Apple Ford will be moved to west so as to line up with the mobile home park access on the north side. The curb will be pushed out 2 feet on each side to provide for 5 lanes. There will be two lanes for each direction of traffic with a center left turn lane which will improve traffic safety. Consolidating accesses will also improve traffic safety. Originally, CSAH 101 was to be closed during construction, but it was decided to leave it open and the construction will be done in phases. The project will take longer to complete because the work area is limited because the road will not be closed. Official Proceedings of the April 18, 2006 Shakopee City Council Page ;..16- The north half will be done first in three phases, and then south half in three phases. There will be detour signs posted to inform residents of where to turn to gain access to businesses along the construction. The utilities are located in bed rock which will make the project more difficult. Phase 1 will begin on the western portion of the project on Naumkeag St. Phase 2 begins by the mobile home park. Phase 3 will be located by Fajita Republic and Dangerfield's. The phases are the same for the south side of CSAH 101. There will be meetings with the businesses to keep everyone informed and address any issues that might occur. Bids will open May 30th. Construction is scheduled to begin in the end of June. Heavy construction will begin after July 4th. The project is approximately 50-55 working days. Construction will probably end in September. Cnd. Lehman asked Mr. Jobe ifit would be more practical to place a two in one access at Duffy's and Apple Ford. Mr. Jobe stated that currently there are curb stop barriers that won't allow traffic to enter the Apple Ford property from that access point, so it wouldn't make sense to put in the access. Mr. Jobe stated that the County also wants to minimize the number of accesses to increase traffic safety. Mayor Schmitt asked Mr. Jobe about the width of the bridge in regards to the five lanes. Mr. Jobe stated that currently the bridge is not wide enough, so it will be striped to not allow for the additional lane. After the bridge is replaced the striping will reflect the new width of the bridge. Cncl. Clay asked Mr. Loney when the decision in regards to light poles needs to be made. Mr. Loney stated that there would be 4-6 weeks because the bids do not open until May 30th. Mr. Loney will work with Ms. Wilson to get a unified lighting plan for the Council. Mayor Schmitt stated that Mr. Loney was asking a lot of the Council to make a decision on lighting in just 4-6 weeks. This lighting affects the whole corridor all the way to Rahr Malting. Cncl. J oos stated that this would be an opportune time to bury the electrical wires along the corridor which would assist in making the whole corridor look nicer. Mr. Loney stated that the issue of who should pay for the under grounding of the wires would need to be discussed with SPUC. Mr. Loney stated that the issue of a sidewalk on the south side of the road also needs to be discussed with the Council. Typically on collector streets, there is a trail on one side and sidewalk on other. This sidewalk would be an additional cost to the City. Mayor Schmitt stated that the City should provide for the sidewalk, but it wouldn't have to built at this time. Depending on what redevelopment happens on the south side, there might. some day be a need to have a sidewalk to access those properties by foot. Mr. Loney stated that it would be cheaper to add the sidewalk now, but the grading is such that a sidewalk could be added at anytime. Mr. Loney stated that the current project does not propose to replace the sidewalk on Burger King, but this could be added to the Official Proceedings of the April 18, 2006 Shakopee City Council Page -17- project. However, if it is added the power pole under grounding issue would need to be brought up. Cnd. Joos stated SPUC has a fund that could provide for the under grounding, but only intermittently. If the City continues with projects along CSAHI01, SPUC's fund will be overwhelmed. Cncl. Joos stated that the City should discuss funding options with SPUC. The Council should also have a consistent policy, with all the lines either above ground or under ground. Mitch Rasmussen, Scott County Engineer, presented the Council with other improvements that will be done along with the CSAR 101 project. Improvements on County Road 17 at the railroad crossing will be made which include placing small medians. Once these medians are in place, the railroad will be able to put up crossing arms. The improvement to c.R. 17 will not take place at the same time as the construction on CSAH 101 so as not to tie up the traffic too much. The paving and striping will be done prior to 7:00 a.m. to minimize the disruptions in traffic problems. County Road 83 turn lanes at Valley View Road will also be done as part of the project. The northbound left turn lane on C.R. 17 at Vierling Drive will be extended to give more storage. By including all these items in one project, the County is able to reduce the costs ofthe projects. The Mill Pond Bridge is not in plans for next year. However, Mr. Rasmussen will be presenting the idea to the County Board this summer. Mr. Rasmussen encouraged the City to look at possibly adding decorative options for bridge. There would be additional cost for the decorative options, but Mr. Rasmussen stated that it . really wasn't that much. The County would pay for the cost of a standard bridge, and any additional cost would be paid for by the City. The County will probably continue with the improvements to CSAH 101 because of the access to trunk highway turn around funds. There will be access issues throughout the process because unfortunately the County is not able to put in accesses on CSAH 101 like they do on new projects. However, if the City has a planned vision for access, lighting, etc., the County will take that vision into consideration when making decisions on access issues for the future projects. This vision would also make it easier for the County to deal with businesses during the projects. The County would also be willing to help finance because it is a County Road located within the City. Menden/Clay offered Resolution No. 6396, A Resolution of the City of Shakopee, Minnesota Approving Plans and Specifications for the Reconstruction ofCSAH 101, From CSAH 17 East 1370 Feet to the Mill Pond Bridge, Project No. 2006-3, and moved its adoption; moved to authorize the appropriate City officials to execute a Construction Cooperative Agreement with Scott County for the County Project No. CPlOl-land City Project No. 2006-3; and moved to authorize the appropriate City officials to execute a Reimbursement Agreement with. SPUC, as approved by the City Attorney, for their share Official Proceedings of the April 18, 2006 Shakopee City Council Page -18- of costs associated with County Project No. CPlOl-l and City Project No. 2006-3. Motion carried 5-0. Cnct. Menden directed staff to provide a follow up on overhead power lines, lighting, bridge design, curb cuts, and redevelopment on the east end of town. LehmanlMenden moved to extend the Council meeting by 15 minutes. Motion carried 4- 1, Joos dissenting. Mr. Loney thanked the County representatives for presenting this important issue at such a late hour. Mr. Loney presented the Council with the final phase of the River District Trunk Sewer Line Reconstruction, Phase III from Adams St. to Fuller St., Project No. 2007-1. The River District was built right along the river's edge because that was the easiest route to build. The sewer main should be moved away from the river as far as possible, but the cost is high. If it cannot be moved, there will need to be riverbank stabilization to help protect the pipe. A combination of riverbank stabilization and relocation might be an option as well. The Army Corp. of Engineers priced the project at $l,OOO/ft with 1800 feet for a cost of $1. 8 million. The most thatthe City could get for funding from them would be $1 million and funding is not guaranteed. There used to be a ledge that covered the pipe and sloped out toward the river. This ledge has disappeared over time. There is currently inflow and infiltration in the system from the flood. Another issue that would be corrected with this project is storm water drainage. Currently there are storm water pipes that drain from the top of the bluff and erode away the riverbank. Mr. Loney emphasized that he would like to see the pipe relocated as high up as possible. This would allow staff to access manholes in floods which cannot be done if the floodwater covers the manhole. The proposal presented is to prepare plans and specifications for this project. The maximum fee for the design services is $106,904.00, which includes an allowance of $12,000 for extensive soil borings that need to be done. Mr. Loney stated that once Rahr Malting is off the City's sewer system, the City will be eligible for SAC credits which will be over $2 million that could be used for sewer projects, riverbank stabilization, or whatever the Council may want to do with it. Cncl. Lehman stated that when Jeff Weyandt and he met with Rep. Klein, Rep. Klein stated that he wanted the results of this study. Mr. Loney stated that the alternate route report should be ready by June and that Rep. Klein would receive a copy of the report. Joos/Clay offered Resolution No. 6410, A Resolution ofthe City of Shako pee, Minnesota Ordering the Preparation of Plans and Specifications for the River District Trunk Sewer Reconstruction - Phase III, From Adams Street to Fuller Street Project No. 2007-1, and moved its adoption; and moved to authorize the appropriate City officials to execute an Official Proceedings of the April 18, 2006 Shakopee City Council Page -19- extension agreement with Bonestroo, Rosene, Anderlik & Associates, Inc. in providing design engineering services, as necessary for this project and as per their proposal. Cncl. Menden asked if competitive bids were needed for the design engineering services. Mr. Thomson stated that bids were not needed because they were consulting services. Mr. Loney added that Bonestroo did the first phase of the project and did a good job. Plus they are very familiar with the all the aspects of the bedrock and riverbank stabilization that it seemed logical to work with them, Motion carried 5-0. Ms. Wilson presented the Council with a request to add language to the City's Personnel Handbook that would allow for military differential pay for employees called to active military duty. The Public Works' Union asked that this be included in the contract, but staff wanted to discuss this as part ofthe personnel policy. The policy before the Council is a draft that allows for flexibility by the Council. The proposal would require that a request for differential pay be made before the employee leaves, and that the employee must be called to active military duty for at least 30 days. It also allows for employees who were on active military duty between January 1, 2003 and January 1, 2006 to request retroactive assistance which would be limited to $2500. There is one employee that is asking for retroactive assistance, Rodney Beck from the Public Works Department. Lehman/Joos offered Resolution No. 6406, A Resolution of the City of Shakopee, Minnesota Amending Section V-I of the Personnel Handbook for Employees of the City of Shakopee to Include Language Related to Military Differential Pay, and moved its adoption. Cncl. Clay asked if this was just for full-time employees. Ms. Wilson stated that it was just for full-time employees. Cncl. Clay asked if the specifics of the administration of this policy would be stated in the Personnel Handbook. Ms. Wilson stated that an application form and required documents will need to be drafted. Mr. McNeill stated that this will then be brought back to Council for approval. Cncl. Clay asked if employees who volunteer for active duty would be eligible for this pay. If they volunteer, they are creating their own financial hardship and should the City reimburse them. Mr. McNeill stated that the current policy does not differentiate if the employee volunteers or is called. Ms. Wilson suggested that a question be put on the application form which asks if the employee is volunteering for active duty or has been called for active duty and then the Council would receive the application and decide what assistance they would wish to provide. Official Proceedings of the April 18, 2006 Shakopee City Council Page -20- Mr. Lehman asked if there was a limit to the amount of pay. Mr. McNeill stated that there are not many policy examples to follow because only 3 other local governments provide differential pay. Motion carried 5-0. J ooslLehman moved to approve the payment of $2500 to Rodney Beck as retroactive Military Differential Pay. Motion carried 5-0. Cncl. Lehman stated that he receive a petition from residents to address a street traffic flow issue at 11th Ave. and Harrison. Mr. Loney stated that he had received this request. The residents had been sent a copy of the stop sign policy to them. Now that the streets have been swept and winter is over, traffic counters will be placed and monitored. Joos/Menden moved to adjourn to Wednesday, April 26, 2006, at 7 p.m. Motion carried 5-0. The meeting adjourned at 11:15 p.m. a~1(J. [,j (lith S. Cox City Clerk Jessica Adamietz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,NITNNESOTA APRIL 26, 2006 Mayor John J. Schmitt called the meeting to order at 7:01 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator and Judith S. Cox, City Clerk. LehmanlMenden moved to delete item 3 from the agenda, Presentation of Building Permit and Development Fee Study by Jesse Hart, Springsted, Inc. Motion carried 5-0. Mark McNeill presented the Council with a request to review fire officer pay. This item had been brought to the Council last November, but the budget had already been set. The item is now being brought before the Council for consideration for Fiscal Year 2007. The additional cost for the request would be $13,300. Mr. McNeill had no comments or recommendations onthe issue for Council. Cnd Menden asked what the status is of moving to a full-time fire chief. Chief Ed Schwaesdall stated that his projection in the past was for 2007. However, he was elected to a two-year term in November, therefore he won't be done until 2008. He would prefer to not address the issue until 2008 so he can finish his term. He would like to address the full-time chief position in 2007 to decide if a full-time chief is needed in 2008 or if it should be delayed to 2010. Mr. Schwaesdall would like to consider budgeting for a full- time secretary to address the memos and other paperwork that occur for the 2007 budget. Cnd Menden asked what a full-time fire chief would be paid for a city of our sized department. Mr. Schwaesdall stated that it would be about $80,000. Cncl. Joos stated that he would like to consider full compensation and not just salary, when addressing the pay request in order to put it into context. The average pay is $4,000-$6,0000/year of hourly pay. The retirement pay is $7,500/year of service/firefighter which is the State maximum. Also, some officers have vehicles as well, which averages to $6,000-$8,000/year. For the top three positions, it approaches $20,000/year in complete compensation. Cncl. Joos stated that he will be looking at the benefits for the City of Shakopee as he decides on pay increases. Mr. Schwaesdall stated that he doesn't consider the vehicle a benefit because it is used more for the occupation than for personal use. The pay increase request is to cover the administrative time that is above and beyond the fire calls. For the Chief there is approximately 20 hours/week of additional paperwork that needs to be done, while the Asst. Chiefs and Training Officer have approximately 10-15 additional hours each. Cncl. Lehman asked what the activities are that have increased the amount of time being spent devoted to fire activities as stated in the memo to Council. Mr. Schwaesdall stated that there are extra committees and department meetings that they are required to attend. There is also the additional paperwork that needs to be done including lengthy injury Official Proceedings of the April 26, 2006 Shakopee City Council Page -2- reports as needed. Mr. Schwaesdall comes to city hall daily, attends meetings including Chief s meetings/Metro Chief s Meetings, prepares memos to council, meets with Mr. McNeill/Mr. Voxland/Mrs. Remer, and attends civic group meeting. Cncl. Lehman asked under whose authority are meetings made mandatory. Mr. Schwaesdall stated that he makes this decision in order to keep up with other departments in the area. These meetings are generally meetings that they have always attended over the years. Mr. McNeill stated that he can attest to the fact that there are administrative duties that could be given to a secretary that would free up the Chief and other officers to focus more on fire activities. Cncl. Ioos asked what the hourly pay rate is for firefighters. Mr. Schwaesdall stated that it is currently $10. Mayor Schmitt asked Mr. McNeill if they should vote now or go through all the items. Mr. McNeill stated that it would be best to go through all the items because Council would then be able to see all the issues before discussing them. Mr. McNeill stated that there are 10 compensation items that are in practice now, but are not in policy. These practices are billed into the budget because they have been brought to the Council before, but there is currently no actual policy. Mr. McNeill was unable to find any records of Council approval and therefore, they are being brought to Council for consideration. 1. Firefighters will be paid an hourly wage for each call they attend. Mutual aid calls and standby are considered a fire call. 2. Firefighters will be paid for attendance at all drills. For firefighters to remain active, they need to respond to 35% of all calls. If a firefighter is at another fire service related activity and is unable to attend the drill, they will receive credit toward the 35% attendance requirement. However, they do not receive pay for both, one can only receive pay for the drill/call or the other fire related activity (Le. training). 3. Firefighters will be paid for attendance at any fire department meetings. 4. A firefighter attending a conference or school will be paid for attending the class. If they miss a call while attending the conference or school, they will receive credit toward the 35% attendance requirement, but will not be paid for both. Cncl. Ioos asked if it is possible for a firefighter to meet the 35% attendance requirement without ever going to a fire call. Mr. Schwaesdall stated that it would not be possible. Only attendance of a conference/school or drill is given credit toward the minimum if unable to attend a fire call. Meetings are not included. If a firefighter drops below the Official Proceedings of the April 26, 2006 Shakopee City Council Page -3- minimum attendance requirement in a quarter, they cannot continue education until the attendance is brought up. Cncl. Ioos asked how the 35% attendance is accounted for. Mr. Schwaesdall stated that there is a payroll sign in sheet at a fire call. That sheet is then sent up to Mrs. Remer where she keeps track and updates monthly. Cnc1. Ioos asked ifthere are issues with the minimum attendance. Mr. Schwaesdall stated that there have been a few, but not many. The City's minimum is higher than most other cities requirement of25-30%. The requirement was made higher years ago in order to . . receIve a penSIOn. Cnc1. Menden asked ifthe 35% is calculated monthly, quarterly, or yearly. Scott Theis, Fire Dept. Treasurer, stated that it is calculated yearly for the Relief Association. If the 35% is not met of the course ofa year, it is not counted as time served for their pension. Cncl. Lehman asked for clarification on the pay for attendance at Fire Conference or School. Mr. Schwaesdall stated that a firefighter attends a school in Mankato which ends at 5 p.m., but they are required to stay overnight for more classes the next day. If a fire call would occur after 5 p.m. (while they are waiting for the next class), they would receive credit for attendance and be paid because they are required to stay there as a benefit to the City. Cncl. Lehman asked how the time for pay would be calculated. Mr. Schwaesdall stated that most of the fire calls are one hour. The time is rounded to the nearest hour because they do not use half hours or quarter hours. Cnc1. Lehman asked that if it were a larger fire, 5 hours, the firefighter would receive pay for the full 5 hours. Mr. Schwaesdall stated that was correct. 5, A firefighter will receive $lO/hour for any mandatory functions as deemed by the Chief, but it does not count toward the 35% requirement. Cnc1. Lehman asked who determines what is mandatory. Mr. Schwaesdall stated that the Chief does. Under the League of Minnesota Cities, if a firefighter is hurt doing extra duty (i.e. cleaning the station for a large meeting) that is not mandatory, they would not be able to receive workman's compensation. Cnc1. Lehman asked if Mr. McNeill oversaw the Fire Chief Mr. McNeill stated that he does. 6. A firefighter receiving worker's compensation from the City while unable to perform firefighting duties will not receive fire call or drill pay. If a firefighter is injured, they would receive 2/3 of regular duty pay and 2/3 of firefighter pay, not to exceed 100% of normal compensation. There is a $750/week cap on worker's compensation benefits. Mr. Schwaesdall stated that most firefighters would exceed this cap with their regular full- time job pay. Official Proceedings of the April 26, 2006 Shakopee City Council Page -4- Cncl. Clay asked that if a firefighter is exempted from the attendance requirement if off duty on worker's compensation. Mr. Schwaesdall stated that if they were injured while firefighting, they receive 100% attendance during that time period. If they were injured while not firefighting, they have to take a leave of absence. Cncl' Lehman asked if an injured firefighter had to ability to make up the difference from the $750 worker's compensation to their regular weekly pay. Mr. McNeill stated that they are not currently allowed to accrue sick or vacation leave and therefore cannot use that to . make up the difference in pay. The City does carry Hartman insurance that covers disability. That would be an additional $430/month which would help increase their compensation. Cncl. Joos asked if a firefighter could use their full-time employment short-term disability if injured while firefighting. Mr. Schwaesdall stated that you could not use it if you were injured while firefighting and not injured at their regular full-time job. Cnc!. Joos stated that he believed they would be able to use the short-term disability if the disability was not incurred while at the full-time job because it can be used for illnesses such as cancer which are not incurred at their full-time job. Cncl. Lehman asked if the League of Minnesota Cities Insurance Trust covers short-term disability. If they did, the City would be able to help firefighters cover a gap in pay. Mr. McNeill stated that he would research this. 7. Full-time City employees who are also fire fighters receive normal City pay if at a fire school during normal work hours. 8. Firefighters on approved leave receive no payor attendance credit. The 35% attendance requirement is rated for those months not on leave. 9. A firefighter will not be paid for initial training. 10. The City has to include fire officer paying when looking at worker's compensation. Mr. Schwaesdall stated that as of January 1, 2006, no pay has been received for any schooling/conferences because of the lack of approved policy. If this is adopted, Mr. Schwaesdall stated that he would like to see the Council give them retroactive pay for these schools and conferences. Cncl. Clay asked why the firefighters were not paid this year for lack of a policy, when they were paid in the past without a policy. Mr. McNeill stated that it was first discovered this year that there was no formal policy. For audit purposes, there needs to be Council approval before they can be paid for those duties. Official Proceedings ofthe April 26, 2006 Shakopee City Council Page -5- Cncl. Menden asked how much this retroactive pay would amount to. Mr. Schwaesdall estimated $2,000-$3,000. Mr. McNeill stated that this is included in the budget because it was a past practice. Cncl. Joos asked Mr. Schwaesdall if the Fire Department was interested in hiring a secretary this year. Mr. Schwaesdall stated he would be. Mayor Schmitt stated that this position has not been budgeted for in 2006. CncI. Joos stated that it didn't make sense to increase officer salary in 2006 because they have administrative duties and then hire a person in 2007 to do the administrative duties. It would make more logical sense to hire the secretary to do the administrative duties, and then if there is still administrative duties to be done, increase the officer pay. Mayor Schmitt stated that you can't hire a secretary and not have someone there to oversee them. Mr. McNeill stated that he would like to sit down with Mr. Schwaesdall and see what the City staff has currently to address those administrative needs. They will then come back to council with more of a plan. Cncl. Lehman stated that he would like to see more of a planned increase in pay that can be more easily budgeted for instead of large lump sum increases years apart. CncI. Lehman also felt that the regular firefight~rs should also be considered for increases in pay. Mayor Schmitt stated that there needs to be a long-term plan that takes into consideration the growth of the City. A 5 year plan should be put in place to help guide the department. Cncl. Clay stated that he agreed with the idea of a strategic plan as long as the committee was made up of the correct key players. Cncl. Clay suggested forming to committee tonight since most of the key players were in attendance of the meeting. Mayor Schmitt stated that it is basically Mr. Schwaesdall's team supplemented by others. Cncl. Joos stated that he would like to be a part of the committee. Mr. Schwaesdall stated that any of the firefighters would be able to, but it would be adding another meeting that they would be required to attend. Cncl. Lehman stated that the hourly wage for the firefighters have not consistently moved up. There were several years where pay didn't increase at all. Cncl. J oos stated that all compensation needs to be taken into consideration, not just hourly wage. Official Proceedings of the April 26, 2006 Shakopee City Council Page -6- Mr. Schwaesdall suggested that the hourly rate be brought up to where it should be and then consistently increased there. after. The Stanton survey shows that the hourly pay and officer pay is far below the top. Cncl. Clay suggested that the committee could go over the wages/other compensation and compare them with the Stanton to get them where they need to be. Then the committee could focus on the long term plan. Mayor Schmitt stated that the information in the Stanton is hard to compare because all departments are different. There is no reporting standard. Cncl. Lehman volunteered to be on long term plan committee. Cncl. Clay suggesting making a motion to direct staff to put together a group to work with the Fire Dept. Hopefully 6-8 months would be long enough for the committee to come to a consensus. Menden/Joos moved to accept items 1-10 as current policy for the Fire Dept. and direct staff to prepare a resolution for those 10 items and retroactive pay to bring back for Council approval. CncL Lehman asked about the secretary and officer pay. Mayor Schmitt responded that the Officer pay is not included in this motion. Motion carried 5-0. Mr. McNeill stated that he will bring back names for the strategic planning committee to the next meeting. Cncl. Menden stated that the wages need to be justified. In talking about the inconsistent jumping in pay, it needs to be justified how we can pay a Chief$3,500 one year and then make the position full-time and pay them $75,000. The work wouldn't quadruple in a day, so the jump in pay needs to be justified. Cncl. Lehman stated that if they had a plan for the next 10 years, the additional pay and positions would all be known and justified. Cncl. Joos stated that the administrative aspect should be addressed as soon as possible. Having an administrative person would relieve the Officers of that duty and allow them to focus on fire activities. The Officers could still receive an increase in pay, but not to the level they are requesting because the administrative person would be taking care of Official Proceedings ofthe April 26, 2006 Shakopee City Council Page -7- some ofthose duties. Cncl. Joos would like to see the costs for hiring an administrative person for the rest of year. Cncl. Clay asked if the administrative person would be full-time or part-time. Mayor Schmitt stated that it would need to be justified. This won't be a simple transition. Mayor Schmitt stated that we don't want to give the Officers an increase in pay, then give them an administrative employee, and then take away half the Officer pay because their duties have changed. Mayor Schmitt stated that he did not agree with using the funds from the sale of vehicles to pay for an increase in salary. Those funds are used to purchase new vehicles. Lehman/Menden moved to adjourn to Tuesday, May 2, 2006 at 7 p.m. Motion carried 5- O. The meeting adjourned at 8: 14 p.m. ~J .Grs ~th s. Cox City Clerk Jessica Adamietz Recording Secretary