HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 20, 2006
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 20, 2006
Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay,
Terry Joos, Steve Menden, Matt Lehman present. Also present were Mark McNeill, City
Administrator; Kris Wilson, Assistant to the City Administrator; Jim Thomson, City Attorney;
JudithS. Cox, City Clerk; and Bruce Loney, Public Works Director/City Engineering.
The Pledge of Allegiance was cited.
Mayor Schmitt gave the Mayor's report.
Menden/Joos moved to approve the agenda. Motion carried 5-0.
The following items were removed from the Consent Agenda: 5. A. 1. Appeal of Board of
Adjustment and Appeals Denial of Variance on Allowable Building Materials for Valleyfair and
5. A. 2. Preliminary and Final Plat for Vierling Estates 1 st Addition. The following item was
added to the Consent Agenda: 13. F. 2. Purchase of a Storage Area Network (SAN).
Menden/Joos moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent
Business. Motion carried 5-0.
Menden/Joos offered Resolution No. 6443, A Resolution of the City of Shako pee Approving A
Request to Amend the Comprehensive Plan to Extend MUSA to Property which is Located west
of CSAH 17/Marschall Road and south of CSAH 78, and moved its adoption; and, offered
Ordinance No. 765, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending
the Zoning Map Adopted in City Code SEC. 11.03 by Rezoning Land Located west of CSAH
17/Marschall Road and south of CSAH 78 from Agricultural Preservation (AG) Zone to Low
Density Residential (R-1A) Zone, and moved its adoption. (Motion carried under the Consent
Agenda).
Menden/Joos offered Resolution No. 6439, A Resolution Approving Plans and Specifications
and Ordering Advertisement for Bids for the 2006 Bituminous Overlay, Project No. 2006-5; and
moved its adoption. (Motion carried under the Consent Agenda).
Menden/Joos moved to authorize the transfer of the retired squad car to the Engineering Division
fleet, Vehicle No. 307. (Motion carried underthe Consent Agenda).
Menden/Joos moved to authorize the appropriate City officials to execute an extension
agreement with Bonestroo, Rosene, Anderlik & Associates, Inc. to perform construction-staking
services for utility replacement on Highway 101, Project No. 2006-3. (Motion carried under the
Consent Agenda).
Menden/Joos moved to approve the purchase of the Wanner Weed Sprayer for the Parks
Division at a price of$7,636.05. (Motion carried under the Consent Agenda).
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MendenlJoos moved to authorize staff to use the repurchase agreement with Siemon Implement,
Inc. for Unit #135 a John Deere 1445 Mower with a repurchase price of$2,500.00 plus $6.00 for
every hour over 250 hours with both payments to be expended from the Internal Service Fund.
(Motion carried under the Consent Agenda).
Menden/Joos moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by S.M.
Hentges & Sons, Inc., for the CR 101 Project No. 2006-3 as outlined in the memo from Bruce
Loney, Public Works Director, dated June 20, 2006; and directed staff to publish notice of the
suspension terms with the conditions as recommended by staff. (Motion carried under the
Consent Agenda). (CC Document No. 413)
Menden/Joos moved to authorize staff to purchase a single axle plow truck, single axle
plow/hook truck and sewer jet truck on the 2006 State Bid Contract. (Motion carried under the
Consent Agenda).
Menden/Joos moved to authorize staff to proceed with the trail overlays for Memorial Park and
the Upper Valley Drainage Ditch for the low quote price from Bituminous Roadways, Inc. of
$21,585.00 with $20,000 to be expended from the Park Division Pavement Preservation and
$1,585 to be expended from the Park Division Operating Supply budget. (Motion carried under
the Consent Agenda).
Menden/Joos moved to authorize, appropriate city staff to close Fuller St. from 2nd and 3rd
A venues on July 1 st, 2006 for the Smithsonian exhibit hosted by the Scott County Historical
Society. (Motion carried under the Consent Agenda).
Menden/Joos moved to authorize the hiring of probationary police officer Michelle Schmidt at
Step 1 ofthe current labor contract, at a monthly rate of$3,708.51, subject to the satisfactory
completion of pre-employment medical and psychological examinations. (Motion carried under
the Consent Agenda).
MendenlJoos moved to authorize the hiring of probationary police officer Jamie Sears at Step'!
of the current labor contract, at a monthly rat of$3,708.51, subject to the satisfactory completion
of pre-employment medical and psychological examinations. (Motion carried under the Consent
Agenda).
Menden/Joos moved to authorize the hiring of probationary police officer Thor Carlson at Step 1
of the current labor contract, at a monthly rate of$3,708.51. (Motion carried under the Consent
Agenda).
Menden/Joos moved to accept the resignation of Gary Snyder, Maintenance Operator, with
regrets, and authorized the appropriate City staff to advertise for the hiring of a Maintenance
Operator for the Public Works Department. (Motion carried under the Consent Agenda).
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Menden/Joos moved to authorize hiring Jessica Adamietz for the position ofHR Technician at
Grade 6, Step F of the 2006 City Pay Plan, effective July 10,2006. (Motion carried under the
Consent Agenda).
Menden/Joos moved to approve the bills in the amount of$I,879,329.64. (Motion carried under
the Consent Agenda).
Menden/Joos moved to approve the minutes of the City Council meeting for May 2,2006; May
16,2006; May 22,2006; and May 30, 2006. (Motion carried under the Consent Agenda).
Menden/Joos moved to approve the applications and grant an 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 East First Avenue (On-Sale,
Sunday); Apple American Limited Partnership of Minnesota, dba Applebee's, 1568 Vierling
Drive East (On-Sale, Sunday); BretBecca Inc., dba Pullman Club, 124 West 1 st Avenue (On-
Sale, Sunday, Off-Sale); Babe's Place Inc., 124 South Holmes (On-Sale, Sunday, Off-Sale);
Canterbury Park Concessions Inc., 1100 Canterbury Road (On-Sale, Sunday, Off-Sale);
Dangerfield's Restaurant Inc., 1585 East 1st Avenue (includes deck) (On-Sale, Sunday); Saba
Entertainment LLC, 911 East 1 st A venue (includes deck) (On-Sale, Sunday); Stonebrooke of
Shakopee Inc., 2693 County Road 79 (On-Sale, Sunday); Turtle's Bar and Grill Inc., 132 East
First Avenue (includes Banquet Center) (On-Sale, Sunday); Great Lakes Inc., dba Shakopee
Ballroom, 2400 4th Avenue East (On-Sale, Sunday); Chili's of Minnesota Inc., 8098 Old
Carriage Court (On-Sale, Sunday); RT Minneapolis Franchise LLC, dba Ruby Tuesday, 4135
Dean Lakes Blvd. (includes outside dining and drinking) (On-Sale, Sunday); Chipotle Mexican
Grill of Colorado LLC, 8094 Old Carriage Court (includes outside dining and drinking) (On-
Sale, Sunday); Pablo's Mexican Restaurant Inc., 230 South Lewis Street (includes outside dining
and drinking) (On-Sale); Crossroads Liquor of Shako pee LLC, 1262 Vierling Drive East (Off-
Sale); Roseen & Roseen Inc., dba MGM Liquor, 471 South Marschall Road (Off-Sale);
Riverside Liquors Inc., 507 East 1 st Avenue (Off-Sale); Valley Liquor Inc., 1104 Minnesota
Valley Mall (Off-Sale); Hoang's South Side Liquors Inc., 1667 1 ih Avenue East (Off-Sale);
Sam's West Inc., 8201 Old Carriage Court (Off-Sale); RBF LLC of Wisconsin, dba Rainbow
Foods, 1698 Vierling Drive East (Off-Sale); Annward Inc., dba Wine Styles, 8076 Old Carriage
Court (Off-Sale). (Motion carried under the Consent Agenda).
Menden/Joos 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 ValIeyfair Dr (On-Sale); Raceway Park Inc., One
Checkered Flag Blvd. (On-Sale); Shakopee Jaycees Inc., Joe Schleper Baseball Stadium, 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); Bounkong
Yabandith, dba Thailand View Restaurant, 1135 East 1st Avenue (On-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 Blvd. (Off-
Sale); Shakopee 1997 LLC, dba Cub Foods, 1198 Vierling Drive East (Off-Sale); Speedway
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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 East (Off~Sale); Sam's West Inc., 8201
Old Carriage Court (Off-Sale); RBF LLC of Wisconsin, dba Rainbow Foods, 1698 Vierling
Drive East (Off-Sale). (Motion carried under the Consent Agenda).
Menden/Joos moved to approve the application and grant an On Sale Wine License to Bounkong
Yabandith, dba Thailand View Restaurant, 1135 East 1 st A venue, conditioned upon compliance
with all licensing requirements. (Motion carried under the Consent Agenda).
Menden/Joos moved to approve the appliqations and grant an off sale liquor license and a
tobacco license to Dennis G. Wells, dba Minneapolis Wine Cellars, 4041 Deans Lake Boulevard,
conditioned upon the issuance of the Certificate of Occupancy and receipt of the required
certificate of insurance. (Motion carried under the Consent Agenda).
Menden/Joos moved to approve the application and grant an on sale 3.2 percent malt liquor
license to Luis A. Charles, dba EI Sausalito Mexican Restaurant, 105 South Lewis Street.
(Motion carried under the Consent Agenda).
Menden/Joos moved to authorize the use of $48,940 from the General Fund Fund Balance and
authorize appropriate city staff to purchase a Xiotech SAN for the amount not to exceed $59,000.
(Motion carried under the Consent Agenda),
Mayor Schmitt asked if there were any interested parties in the audience who wished to speak on
a matter not included on the agenda. There was no response.
Gregg V oxland, Finance Director for the City of Shakopee, introduced Joe Rigdon of Kern,
DeWenter and Viere, a company hired by the City of Shakopee to audit its 2005 financial
records as required by the State of Minnesota. Mr. Rigdon presented the council with the results
of the audit.
Mr. Rigdon pointed out that on the revenue side of the budget the City revenue exceeded the
estimate by approximately 1.6 million. The expenditure budget was projected at 13.3 million;
12.3 million was spent which puts the City at approximately 1 million dollars wider budget on
the expenditure side. Adding that with the revenues that came in over budget, the City ended up
with a 2.87 million dollar surplus over what was originally projected.
Mr. Rigdon reported two conditions needing the City Council's attention. One is the lack of
segregation of payroll duties from HR functions and the other is the ice arena receipting internal
controls. Another finding in the report is regarding employee recognition events and purchases.
Mr. Rigdon stated that the State Auditor states that the City does not have authority to have those
types of events. Mr. Rigdon stated that the City's attorney has probably looked into this. Mr.
Rigdon also stated that this comment is something that has been debated in previous years but
their firm has to take the line that the Office ofthe State Auditor directs.
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Mr. V oxland stated that the Council did adopt a formal policy with regard to the Employee
Recognition Event. Cncl. Joos also stated that Council had approved, in the Consent Agenda,
the hiring of a Human Resource Technician. This will segregate the duties in the human
resource division.
JooslLehman moved to accept the 2005 Annual Financial Report. Motion carried 5-0.
Mr. McNeill reported that Valleyfair had requested that this item be removed from the consent
agenda and that they be allowed to discuss with the Council an alternative design to which is
presently a condition of the draft resolution.
Valleyfair has inquired of staff about being allowed to install materials other than brick on the
south side of their two proposed storage buildings. Valleyfair has determined that brick would
be a considerable cost; therefore, they would prefer to utilize and alternative material. Preferable
Valleyfair would like to use stucco or synthetic stucco, both of which are listed as permitted
building materials in the City Code.
Clay/Joos offered Resolution No. 6438, A Resolution of the City of Shako pee Upholding the
Applicant's Appeal ofa Variance Request to Allow for the Construction of Two (2) 40' by 32'
Steel Sided Buildings for Valleyfair, located at One Valleyfair Drive, and moved its adoption
with conditions that an approved building material per City Code be installed on the south side of
the buildings and that trees be planted to screen the areas of the east and west sides of the
buildings and County Road 101, where possible. Motion carried 5-0.
Mr. McNeill stated that the question that came up with the preliminary and fInal plat of Vierling
Estates 1 st Addition was regarding an internal sidewalk connection to th~ trail on Vierling Drive.
As notedin Resolution 6442, II-P, the Planning Commission removed this item.
Mayor Schmitt stated that he raised this issue with staff. Mayor Schmitt stated he is concerned
for pedestrian safety. He stated that his concerns have been raised by other plats located on
Vierling Drive and the lack of pedestrian access from Vierling Drive into developments located
on Vierling Drive. An example he sited was the entrance to the shopping area near Cub Foods.
He feels that pedestrians should have a safe way from Vierling Drive into these areas and would
like to see this with Vierling Estates I st Addition. Discussion followed.
Lehman/Clay offered Resolution No. 6442, a Resolution of the City of Shakopee Approving the
Preliminary and Final Plat of Vierling Estates 1 st Addition, and moved its adoption. Motion
carried 4-1 with Mayor Schmitt dissenting.
Liason Reports were given by Council Members.
Mayor Schmitt recessed the meeting for the Economic Development Authority Meeting at 8:09
p.m.
Mayor Schmitt re-convened the meeting at 8:18 p.m.
I
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Menden/Joos offered Resolution No. 6440, acknowledging the issuance by the Scott County
Housing and Redevelopment Authority of its Governmental Housing Development Refunding
(City of Shako pee Unlimited Tax General Obligation), Series, 2006 and the HRA's pledge of the
full faith and credit of the City of Shakopee thereto, and move its adoption; and,offered
Resolution No. 6441, Authorizing the execution and delivery ofa General Obligation Tax
Increment Guaranty Agreement, guarantying the payment of debt service on the Scott County
Housing and Redevelopment Authority's Taxable Tax Increment Development Revenue
Refunding Bonds (City of Shakopee, Minnesota, General Obligation - River City Centre
Project), Series 2006D and Tax Increment Development Revenue Refunding Bonds (City of
Shakopee, Minnesota, General Obligation - River City Centre Project), Series 2006E and an
amendment to a related t.ax increment pledge agreement, and move its adoption. Motion carried
5-0.
Mr. Loney addressed the Council regarding approval of a County Cooperative Agreement for
1 ih A venue, Project No. 2006-1. Mr. Loney stated that the cost agreement between the City and
the County is on actual bid prices. The cost of the project based on bids is $1.5 million. The
County will pay $1 million in 2006 and $300,000 in 2007.
LehmanlJoos moved to authorize the appropriate City Officials to execute the County
Cooperative Agreement for 1 th Avenue, from Southern Meadows to CSAH 83, City Project No.
2006-1. Motion carried 5-0.
Mr. Loney addressed the Council regarding the award of the contract for the 17th Avenue
improvements. There is also and agreement with Centerpoint Energy for lowering the natural
gas main and an Extension agreement with WSB & Associate, Inc. for construction services
associated with this project. On June 19, 2006 the City received three bids for the project. S.M.
Hentges and Son's won the bid with $1,521,526.85.
Menden/Joos offered the following:
1. Resolution No. 6444, A Resolution Accepting Bids for 17th A venue Improvements,
from Southern Meadows East Plat Line to CSAH 83, Project No. 2006-1 and move its
adoption.
2. Authorized the appropriate City officials to execute an extension agreement with
WSB Associates, Inc. to perform consultant services on this project.
3. Authorized the appropriate City officials to execute an agreement to relocate natural
gas pipe line with Centerpoint Energy, associated with the 1 th Avenue improvement
project.
4. Approved a 5% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on this project.
Motion carried 5-0.
Cncl. Joos made a suggestion that there be a groundbreaking ceremony for this project. Mr.
Loney suggested that a ceremony be held after the project is completed in October 2006.
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Mr. McNeill stated that the City is being asked to consider renewing the on-sale and Sunday on-
sale intoxicating liquor license for RAM Arizona's LLC, doing business as Arizona's. Cncl.
Lehman stated he doesn't feel the City should consider renewing the license because of the
delinquent taxes the property owes.
Mr. Thomson explained that on July 19th something will happen or a bank will own the property.
Because of the delinquent taxes due on the property, Council could approve the liquor license for
31 days with an expiration date of August 1, 2006. If the property owner fails to pay the
delinquent taxes, the liquor license is terminated. If the back taxes are paid in full before August
1,2006, a new liquor license would be issued to run for the balance of the license year.
LehmanlJoos moved to approve the applications and grant on-sale and Sunday on-sale
intoxicating liquor licenses to RAM Arizona's LLC, dba/Arizona's, 1244 Caterbury Road for a
31-day period expiring on August 1, 2006 and authorize the City Clerk to issue new licenses for
the balance of the year if the delinquent taxes are paid by August 1,2006. Motioned carried 5-0.
Councilor Menden asked if the Council members wanted tq meet and talk about how to progress
on what they want to do given that the mixed use zone for property north of First A venue was
not approved. Discussion followed. Staff will bring back a recommendation for a meeting time.
Joos/Menden moved to adjourn the meeting to Tuesday, June 27,2006, at 7:00 p.m. Motion
carried 5-0.
Meeting adjourned at 8:46 p.m.
[1~~ ~. G;0
J dith S. Cox
City Clerk
Kim Weckman
Recording Secretary