Loading...
HomeMy WebLinkAbout7.F.2. Approval of Minutes: July 18, July 19, July 25, August 02, and August 08, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,M~SOTA JULY 18,2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Kris Wilson, Assistant City Administrator; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Dan Hughes, Chief of Police and Jeff Tate, Police Captain. The Pledge of Allegiance was cited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill advised the Council that there was a request from Tollefson Development to have considered at the same time items B.C.I. Final Plat of Ridge View Estates and 13.D.3. Cost Sharing of Pike Lake Road Improvements with Developer of Ridge View Estates. Joos/Menden moved to approve the agenda as amended. Motion carried 5-0. Mayor Schmitt stated there was nothing to report for the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda as published. Cncl. Menden suggested that item 13.D.2. Awarding Contract for 2006 Bituminous Overlay Project 2006-5 be added to the Consent Agenda. Mayor Schmitt asked that item 5.A.I. Motorized Golf Carts be pulled from the Consent Agenda. Lehman/Clay moved to approve the Consent Agenda as modified. Motion carried 5-0. Lehman/Clay moved to approve contract extensions with Bonestroo Rosene and Anderlik for surveying and construction services for the Tahpah Park project at a cost not to exceed $11,000 and the Huber Park Project at a cost not to exceed $45,000. (Motion carried under the Consent Agenda). Lehman/Clay moved to authorize the appropriate City officials to execute an agreement between the City and Scott County for CSAH 16 turn lane improvements in connection with the plat of Glacier Estates. (Motion carried under the Consent Agenda). Lehman/Clay offered Resolution No. 6459, a Resolution Approving the Preliminary and Final Plat for Kristal Estates, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Clay offered Resolution No. 6456, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Pheasant Run Storm Sewer Improvements, Project No. 2006-7, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Clay offered Resolution No. 6457, a Resolution Approving a Wetland Replacement Plan for Riverside Bluff Addition (Pike Lake Road), and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the July 18, 2006 Shakopee City Council Page -2- Lehman/Clay moved to approve the Public Work's Secretary job description and authorized staff to begin filling the position. (Motion carried under the Consent Agenda). (CC Document No. 416) Lehman/Clay moved to grant John Peterson full-time, regular status. (Motion carried under the Consent Agenda). Lehman/Clay moved to approve the bills in the amount of$I,759,242.38. (Motion carried under the Consent Agenda), Lehman/Clay moved to approve the City Council meeting minutes dated June 20, 2006. (Motion carried under the Consent Agenda). Lehman/Clay moved to approve the application and grant an off sale 3.2 percent malt liquor license to ShakopeeKwik Mark Inc., 234 West First Avenue. (Motion carried under the Consent Agenda). Lehman/Clay moved to approve the application and grant a temporary on-sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc., for the municipal parking lot at Second A venue and Lewis Street, on August 4 and 5, 2006, with sales to cease at 11 :00 p.m. (Motion carried under the Consent Agenda). Lehman/Clay moved to approve the July update of the Two Year Goals and Action Plans. (Motion carried under the Consent Agenda), Lehman/Clay offered Resolution No. 6458, a Resolution Accepting Bids on the 2006 Bituminous Overlay, Project No. 2006-5, and moved its adoption; and approved a 5% contingency amount on thisproject for use by the City Engineer in authorizing a change orders or quantity adjustments on this project. (Motion carried under Consent Agenda). Mayor Schmitt asked ifthere were any interested parties in the audience who wished to speak on a matter not included on the agenda. There was no response. City Attorney, Jim Thomson, addressed the Council regarding an alcohol violation involving Saba's Entertainment, LLC. Mr. Thomson said that notice was sent to Saba Entertainment concerning an alleged violation of permitting any glass, bottle or other container, containing more than a trace amount of beer, wine or liquor to remain upon any table, bar, stool or other place where customers are served, more than thirty (30) minutes after the hour when a sale thereof can legally be made. Mr. Thomson stated that the penalty that the City Council can impose for violation of its liquor regulations is a penalty of up to, $2,000, a suspension of the liquor license for up to 60 days, a revocation of the liquor license, or any combination of these penalties. Mr. Thomson stated that this is a first offense of this violation for Saba Entertainment and suggested a $1,000 fme, $500 suspended and a one (1) day liquor license suspension suspended for one year on the condition that the owners do not have another violation for one year. He stated that this is the fine for selling to a minor. Mr. Thomson explained that Saba Entertainment is willing to accept this penalty and not require a hearing if the first time penalty is imposed. Official Proceedings of the July 18, 2006 Shakopee City Council Page -3- Cncl. Joos asked what steps the owner is taking to rectify the situation so this doesn't happen in the future. Cncl. Joos also agreed with Mr. Thomson's suggestion for a fIne. Suzanne and Joe Saba, owners of Saba Entertainment, admitted to the City Council they were in violation and would accept the penalty ofa $1,000 fine with $500 of the fine suspended as well as a one day license suspension also suspended for a one year. They also understood that if they have any alcohol violations within one year the suspensions will be imposed. Joe Saba advised the Council that their staff received training in the area of identifying fake identification, underage drinking, how to deal with impaired patrons, as well as TIP's training (training for intervention procedures). Mr. Saba also said they have signed contracts from all of their employees showing that they have completed the training. MendenlJoos moved to acknowledge that Saba Entertainment LLC, 911 East First Avenue, has admitted to a violation of the liquor laws and impose a penalty in the amount of $1,000 and a suspension ofthe license for one day; however, suspending $500 of the fme and the one day license suspension for one year on the condition that the licensee has no further incidents of alcohol related infractions beginning on July 18, 2006. Motion carried 5-0. Mayor Schmitt feels that with regard to the motorized golf cart ordinance there should be some sort of administrative fee to cover the issuance of the license and setting the territory whereby the party can drive the vehicle. Jim Thomson advised the Council that it is not mandatory that the City adopts this ordinance or to impose a permit fee. Mayor Schmitt feels there should be a fee due to yearly renewals, and designated areas. Cncl. Menden agrees that there should be a fee, but doesn't know what the fee should be. Cnel. Menden asked the City Clerk, Judy Cox, what her recommendations would be. Ms. Cox advised that she would prefer if someone from the police department would recommend a fee since they would be the entity issuing the permits. Chief Dan Hughes of the Shakopee Police Department advised the Council that it may be necessary to check with other surrounding cities what they charge for permits. After some discussion, the Council and the Police Chief agreed that the fee should be at least $10.00. After one year the fee schedule would be reviewed. Cnel. Lehman asked what the designated roadways would be in this ordinance. Mr. Thomson advised that the golf carts would be permitted on any streets that have a posted speed limit of 3 5 miles per hour or less. Lehman/Joos offered Ordinance No. 764, Fourth Series, An Ordinance of the City of Shakopee, Minnesota Amending Chapter 8 by Adding New Section 8.31 to Permit Motorized Golf Carts on Designated Roadways Within the City, and moved its adoption; and, direct staff to come up with a fee for the fee schedule. Motion carried 5~0. Mayor Schmitt asked if there were any Liaison Reports from Council Members. Cncl. Lehman, Menden, and Clay had nothing to report. Cnc1. J oos reported that he attended the Utility Commission meeting. Discussed was WiFi and Huber Park. Official Proceedings of the July 18, 2006 Shakopee City Council Page -4- Clay/Menden moved to recess for the Economic Development Authority meeting at 7:32 p.m. Motion carried 5-0. Mayor Schmitt re-convened the City Council meeting at 7:33 p.m. Michael Leek, Community Development Director, addressed the Council regarding the Preliminary Plat of Ridge Creek located north ofCSAH 16 and east of Pike Lake Road. Mr. Leek stated that this item was before the Council on June 6, 2006 and was extended to July 18, 2006 by written assent of the applicant. At the June 6th meeting Mr. Randy Noecker, the applicant, indicated that he was willing to provide an extension to the review period to July 18, 2006 in order to allow for additional time to complete his wetland mitigation efforts. The.applicant submitted a Revised Wetland Replacement Plan for Ridge Creek I dated July 14, 2006. Mr. Leek reminded the Council that at their June 6th meeting the applicant was advised by the Council that he needed to have the submittal reviewed and approved prior to consideration of approval of the preliminary plat. Mr. Leek stated staff went to the proposed wetland site and he received comments today from staff that suggest problems. Staff suggested that it may be necessary to have the Technical Evaluation Panel review to determine if the plan is complete and if the proposed replacement wetland is acceptable for the wetlands impacted as part of the project. Based on what staff thought was a direct request from City Council, Mr. Leek stated that staff recommends denial of the preliminary plat. LehmanlJoos offered Resolution No. 6429, a Resolution of the City of Shako pee, Minnesota Denying the Preliminary Plat of Ridge Creek, and moved its adoption. Discussion followed. Mr. Noecker stated that it was his understanding that he was to have the wetland mitigation turned in before the City Council meeting on July 18,2006. Mr. Leek advised Mr. Noecker that turning in the wetland mitigation information two days before the Council meeting was not enough time for staff to review and approve it. Cncl. Lehman advised Mr. Noecker that since this issue was not reviewed by staff the plat was being denied. Mr. Noecker asked for a two-week extension. His extension was denied. Mr. Thomson suggested that two more items be added to Resolution 6429. Mr. Thomson suggested adding, "Whereas the City Council reviewed a memorandum dated July 18, 2006 from its Natural Resource Specialist concerning the Wetland Replacement plan; and Whereas, the Wetland Replacement Plan has not been approved by the Local Governmental Unit". Mr. Leek agreed that both statements were accurate. CncI. Joos called the question to limit the debate. Motion carried 5-0. Mayor Schmitt asked all in favor of Resolution No. 6429 to signify by saying aye. Motion carried 5-0. Kris Wilson, Assistant City Administrator, presented the Council with results of the High Speed Internet Survey that was sent to Shakopee residents. It should be noted that the survey was not a Official Proceedings of the July 18, 2006 Shakopee City Council Page -5- scientific survey. Ms. Wilson highlighted the following from the survey that 1900 residents submitted: . 43% are satisfied with their current internet service and 57% are dissatisfied. The most common response for dissatisfaction was the cost. . 48% say that price is the most important factor, 27% say speed, 21 % say reliability and 3 % say wireless access is important. . 62% believe the City should offer high-speed Internet Service to residents, 24% say the City should encourage private companies to provide more options and less expensive service, 14% say that the City should stay out of the internet business. . 88% believe it is okay for the City to compete with private sector companies providing Internet service. . Respondents were evenly split on whether the City should become involved if it requires the use of tax dollars, with 51 % saying yes and 49% saying no. Cnc1. Lehman stated that since Shakopee Public Utilities (SPUC) has an interest in participating with the City regarding internet service, would it be in the best interest to have the Telecommunications Commission and SPUC get together to work through this. Ms. Wilson agreed with Cncl. Lehman. Cncl. Joos advised that he attended the SPUC meeting the night before and at this time it's not in their charter to participate in this endeavor. Cncl. Joos stated it would be a policy decision for the Council to move forward and decide who was going to pursue this project. MendenlJoos moved to direct staff to seek proposals from qualified consultants for the preparation of a feasibility study related to the public provision of high-speed Internet service and to move forward in that endeavor working with SPUC and the Telecommunications Commission. Motion carried 5-0. Mr. McNeill presented the Council with a Joint Powers Agreement (JP A) with other SCALE (Scott County Association for Leadership and Efficiency) members regarding a joint public safety training facility for police, fire and public works personnel. Mr. McNeill stated that a number of funding options were examined. Initially the formula was based on a combination of tax base and size of departments to be trained. Under that scenario, Shakopee would have paid a disproportionably high percentage - nearly 36% of the total cost. Recognizing this inequity, the Scott County Board has given tentative approval to funding 50% of the total cost. The remainder of the funding is proposed to be picked up based on tax base and the Shakopee Mdewakanton Sioux Community paying based on the number of employees being trained. Under this scenario Shakopee would pay 15.48%. Shakopee's share in 2007 would be $35,538.21, and would be a full payment of $71,076.42 in 2008 and beyond. It is proposed that the cost participation be reexamined every three years. Cnc1. Menden is wondering what kind of an offset there would be in training dollars now budgeted for this cost. Mr. McNeill stated he did not have a set figure. He did state that Shakopee would do a better job of training because right now there are things the City just isn't doing because of the unavailability of the types of training needs. Official Proceedings of the July 18, 2006 Shakopee City Council Page -6- Cncl. Joos stated that Shakopee is the largest tax base in the County and even though Scott County said they would pay 50% a large portion of that 50% are Shakopee tax payers. Cncl. Joos stated that disproportionately Shakopee will be paying the most in the future. Cncl. Joos also said he is in favor of this project and believes the City should participate. Cncl. Lehman stated that this project will be expensive upfront because the City will have to contribute to the project to have it finished and also still have to pay for employees to be trained at other facilities until the project is complete. Cncl. Lehman also stated he doesn't understand why the County doesn't provide a floor to the cost of this project. Mayor Schmitt summarized the breakdown of the project cost and noted that ultimately SCALE is sharing the cost of three million dollars. Mayor Schmitt feels the dollar amount is acceptable and would like to move forward with the project. MendenlJoos moved to authorize the appropriate City officials to execute the Joint Powers Agreement for the SCALE Public Safety Training Facility. Motion carried 5-0. Michael Leek, Community Development Director, addressed the Council regarding the Final Plat of Ridgeview Estates. Tollefson Development, Inc. submitted an application for final plat approval of Ridgeview Estates on March, 9, 2006, located north of Eagle Creek Blvd. and west of Pike Lake Road. Mr. Leek advised the Council that staff met with Mr. Wollschlager, Project Manager for Tollefson, to discuss unresolved issues. One item that came up was that Mr. Wollschlager is requesting, with the approval as part of this final plat Resolution, four model home permits. There is not a condition in the draft Resolution. The Planning staff is not opposed to this request but ask the Council to amend the Resolution to include II.C.C. and allow Staff to draft the conditions so that the permit could not be issued unless there was adequate access and no certificate, of occupancy is issued until water services are available to the lots. Another item to highlight is the Slope and Construction Easement section (1.GA.) The County has asked for a slope easement and Mr. Wollschlager is not willing to grant the easement until they have given him language for the legal in which he finds acceptable for that agreement. Also highlighted in the Resolution is the Conservation Easement (1.G.3.) Staffhas drafted a condition that allows flexibility for Mr. Themig to approve the final form and legal description of the Conservation Easement. The Scott County Recorder would like to see the Conservation Easement on the plat. Mayor Schmitt asked Mr. Wollschlager if he wished to address the Council. Mr. Wollschlager stated he wished to speak after Bruce Loney, Public Works Director/City Engineer, presented Council with the cost sharing of Pike Lake Road improvements (13.D.3). Mr. Loney addressed the cost sharing of Pike Lake Road improvements with the Developer of Ridge View Estates. The developer, Tollefson Development, previously signed a purchase agreement with the City for the purchase of 37 acres for the future plat of Ridge View Estates. In the purchase agreement, the developer agreed to construct Pike Lake Road, from CSAH 16 to the existing terminus of Southbridge Parkway, including sidewalk, bituminous trail and street Official Proceedings of the July 18, 2006 Shakopee City Council Page -7- lights. The City's responsibility was to pay for the cost of wetland mitigation associated with the construction of Pike Lake Road. In discussions with the developer, Mr. Loney stated that there are three areas in which the City should participate in the cost sharing of Pike Lake Road improvements. They are: . Turn lanes added north of the plat on Pike Lake Road for Crossings Boulevard and CSAH 21. Also included in the turn lane is construction of a future fire station access off of Pike Lake Road. . Over length extension of a double box culvert or a three-sided span arch structure over the Prior Lake Channel crossing on Pike Lake Road. . Special street lighting on Southbridge Parkway and Pike Lake Road. If the City were to participate in the cost sharing, it is estimated the City would be responsible for $110,000.00. Mr. Loney believes the City can contribute to the cost sharing but would need direction from the City Council as to what costs the City would share in this project. Cncl. Lehman believes that city should be responsible in paying some of the over-sizing costs in this project. Gary Wollschlager, Project Manger for Tollefson Development, addressed the Council. Mr. Wollschlager wanted to point out that it's not that he doesn't want to grant the easement to the County but he is concerned with the complexity of the easement. To grant the easement to the County, many trees would have to be taken down. Mr. Wollschlager wants language in the easement agreement stating the County would be replacing the trees taken down. Mr. Wollschlager pointed out in the Resolution (lB.), regarding the fee schedule. Mr. Wollschlager stated that Tollefson Development purchased the property in January 2005. Due to the lengthy process of approving the final plat, Mr. Wollschlager would like to pay the fees according to the fee schedule for 2005. Mr; Wollschlager has a concern regarding the costs and size of the box culverts.' Another concern Mr.Wollschlager has is the road over-sizing issue. He agreed to pay for Pike Lake Road, but any over-sizing road costs should be shared by the City as well as the special street lighting. Mr. Wollschlager would also like partial engineering fees paid for all the redesigns that were made to Pike Lake Road. Mayor Schmitt, encl. Joos and Cncl. Menden are concerned about negotiating costs at the table and would prefer Staff and the developer to set up a meeting and work out these issues and bring it back to the City Council for approval. Mr. Thomson suggested that the Cost Sharing Agreement be deferred to another time and add an amendment to the Resolution regarding the fee schedule. Mr. Themig advised the Council that he didn't believe the state statute allows Council to use previous year park dedication fees. Mr. Themig cited the state statue ordinance to the Council. Mr. Thomson stated that his suggestion was with regard to engineering fees and plan review fees. Official Proceedings of the July 18, 2006 Shakopee City Council Page -8- Mr. Leek pointed out that the park dedication fees fall up.der the language provided in the Resolution. Mr. Thomson suggested amending the Resolution to say "as well as payment of engineering review fees and any other fees as subsequently required by the City Council excluding park dedication fees". Joos/Lehman, offered Resolution No. 6398, a Resolution Approving the Final Plat for Ridge View Estates, as well as payment of engineering review fees and any other fees. subsequently required by the City Council excluding park dedication fees, and moved its adoption. Discussion followed. Mr. Loney suggested to the Council that they should carefully consider their decision regarding the fee schedule. He feels that other developers in the future may ask to pay fee schedules from previous years. Mr. Thomson suggested leaving paragraph I.B. the way it is and talk about the developer's engineering fees as part of the Pike Lake Road and then the Resolution wouldn't have to change. Mayor Schmitt asked ifthere needed to be a motion to change the wording of the Resolution back to its original wording. Cncl. J oos amended the Resolution to its original wording"... as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule". Menden/Clay offered an amendment to the Resolution adding item II.C.C. to allow four model units upon water service availability and adequate road access. Discussion followed. Mr. Leek stated that the Resolution does not include the completion of Pike Lake Road as part of the adequate access to the development. Mayor Schmitt brought up the concern Mr. Wollaschlager had with regard to the granting ofan easement to the County for future CSAH 21. Mr. Leek stated that Mr. Wollschlager's concern was with regard to the woodland management and replacement of trees. Mr. Leek suggested adding to the Resolution wording "and develop a replacement plan approvable under the city's woodland management ordinance." Mayor Schmitt asked for a vote on the amendment motion adding condition II.C.C. Motion carried 5-0. Lehman/Menden moved to amend the Resolution to include in condition I.GA. "and develop a replacement plan approvable under the city's woodland management ordinance." Discussion followed. Mr. Themig suggested that the wording be changed because the County does not have to pull a grading permit so they would not have to follow the woodland management ordinance. Mr. Leek disagreed. He stated that Mr. Wollschlager's concern is replacing trees taken down and having them replaced by the County and to have it on record that he's not responsible but that the County is responsible. Mayor Schmitt asked for a vote on the amendment to condition I.GA. Motion carried 5-0. Official Proceedings of the July 18,2006 Shakopee City Council Page -9- Joos/Lehman offered Resolution No. 6398 as amended twice, a Resolution Approving the Final Plat for Ridge View Estates, and moved its adoption. Motion carried 5-0. Menden/Clay moved to table the cost sharing of Pike Lake Road improvements with the Developer of Ridge View Estates. Motion carried 5-0. Joos/Lehman moved for an eight minute recess at 9:42 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:49 p.m. Michael Leek addressed the Council regarding the Final Plat of Southbridge Fields Addition. The property is located north of Crossings Boulevard and west of County Road 18. The plat as currently proposed contemplates the creation of four commercial lots and one outlot on approximately 10 acres of land. Mr. Leek advised Council that there are three issues with this project. The first is park dedication fees. The developer, Mr. Soltau, is questioning ifpark dedication fees should be required from that area that is contained within the outlot. Mr. Themig had a discussion with the City Attorney, Jim Thomson, and the conClusion was that the park dedication fees are appropriate under the current ordinance to assess park dedication against the entire parcel. The second issue Mr. Soltau wants to discuss relates to Lot 3. Mr. Soltau is requesting a variance from the provisions of the Subdivision Chapter 12. The Minor Subdivision provisions of Chapter 12 were amended in 2002 to prohibit the use of the use of the minor subdivision mechanism to create new commercial lots. Essentially what Mr. Soltau is asking as a part of the Council's fmal approval of the final plat is that you allow him to use the minor subdivision mechanism in the case of this specific plat. The third issue is the access into the site. The condition that was imposed in the preliminary plat was for right-in access only. Mr. Soltau has provided some information that is discussed in the report for reconsideration of the configuration of the eastern access on Crossings Boulevard. Steve Soltau of Shakopee Crossings addressed the Council with some access alternatives. Mr. Soltau pointed out that Staff stated in a memorandum that the traffic study they completed was incomplete. Mr. Soltau pointed out that the traffic study was for current traffic flow in and around the property. Mr. Soltau stated that he feels a right-in, right-out scenario best suits the needs for people in an around the property instead of a right-in only. He also said that in the future if the Council or Engineering staff feel that the access point is dangerous, they would be financially responsible for closing the access. Mr. Soltau addressed points ofthe Resolution he has concerns about. The ftrst being his desire for an addition to the Resolution to add authorization for the Administrative Subdivision or alternatively authorize it to be included in the CUP. The second item is condition I.C, Identify the temporary easement for emergency access purposes from Southbridge Parkway to Crossings Blvd on the plat (Document No. A712552). Mr. Soltau pointed out that Scott County only allows utility and drainage easements to be shown on final plats not access or temporary easements. He would like this taken out of the Resolution. Official Proceedings of the July 18, 2006 Shakopee City Council Page -10- Third, Mr. Solau discussed condition I.D.5., "...and other fees as required by the City's most recent adopted Fee Schedule." Mr. Soltau would like to work with Staff and work out what fees have already been paid so he is not assessed fees twice. Mr. Loney feels that the language should not be changed but is willing to work with Mr. Soltau to go over what fees have been paid and what credits apply. Mr. Soltau stated that he didn't want to change the wording of the Resolution but wanted to bring the issue to Staff's attention. Fourth, Mr. Soltau feels that conditon I.M., Park dedication fees should be recalculated to only include the buildable areas of the property and not include the outlot, and sited new legislation effective August 1,2006. Mr. Thomson said that he doesn't agree with Mr. Soltau. The state law has been amended, but reads park dedication fees have to be based on buildable land as defined in the City Code. Mr. Thomson said the new state law doesn't come in to effect until August 1, 2006. Mr. Thomas feels the current language in the Resolution is appropriate. The fifth issue Mr. Soltau brought up was condition IN., The applicant shall provide an 8' wide bituminous trail connection, as per City Standard Details, and stated that there is no requirement for this trail by code and stated that he doesn't understand the rationale for putting it on the east side. He agrees there needs to be a pedestrian accommodation, but not the one staff recommended. Two other disagreements Mr. Solau has is with condition II.L., "The easternmost access to Crossings Boulevard shall be reconstructed and signed as a right-in only." as well as II.M., "The applicant shall be responsible for all future improvements to Crossings Blvd. infrastructure caused by their development. " He feels that he is not responsible for all future improvements and would like the wording changed in the Resolution. Cncl. Menden questioned the issue with the right-in and right-out request. Cncl. Menden also asked Mr. Loney if Staff has had time to review the traffic study submitted by the applicant. Mr. Loney stated that the traffic study just deals with the current traffic and not the future traffic that will be increased with the development of Pike Lake Road and County Road 21 and other housing developments. Mr. Themig agreed with Mr. Soltau and advised the Council that instead of constructing the 8' bituminous trail along the east side of the street that the trail be constructed along County Road 18. This would allow a trail connection from Southbridge Parkway until CSAH 21 is constructed that would come into the development and would provide some pedestrian access. He noted that Mr. Soltau is also proposing a bituminous walk along the west side of the private drive and that it would meet the City's design standards for private roadways. LehmanlMenden offered Resolution No. 6460, a Resolution Approving the Final Plat for Southbridge Fields Addition, and moved its adoption. Discussion followed. Joos/Clay moved to amend the Resolution to delete item I.C., "Identify the temporary easement for emergency access purposes from Southbridge Parkway to Crossings Boulevard on the plat (Document No. A 712552)." Motion carried 5-0. Lehman/Joos moved to amend LN., "The applicant shall provide an 8' wide bituminous trail connection, as per City Standard Details, between Crossings Boulevard and Southbridge Official Proceedings of the July 18, 2006 Shakopee City Council Page -11'- Parkway along the east side of the proposed internal street and sidewalk or trail on one side of the second western access to the internal street, which provides access to all proposed lots, to be built at the time of the street construction." to state that the 8' wide trail will be along Scott County Highway 18 instead of the private road as shown on the map. Discussion followed. Cncl.Lehman clarified that the narrow walk abutting the residential area goes away and that his motion was at the direction ofthe Park Director. Mr. Themig stated that he misunderstood the developer and thought the developer would retain the walkway on the west side of the private drive. The 8' bituminous trail along the east side of the private drive was an additional trail which he believes should be moved to County Road 18. Motion carried 4-1 with Cncl.Menden dissenting. Joos/Lehman moved to amend ILL, "The easternmost access to Crossings Boulevard shall be reconstructed and signed as a right-in only." and delete it from the Resolution." Motion defeated 3-2 with Council members Menden, Clay, and Mayor Schmitt dissenting. Clay/Lehman moved to add a condition allowing an Administrative Subdivision for Lot 3. Motion carried 4-1 with Mayor Schmitt dissenting. Mr. Soltau wanted on record that he will not accept conditions that would make him economically responsible for any modifications on the right-in only access in the future. LehmanlJoos moved to amend the Resolution and delete condition II.M., "The applicant shall be responsible for all future improvements in the Crossings Boulevard infrastructure caused by their development." Motion carried 5-0. Mayor Schmitt asked for a vote on the main motion, Resolution No. 6460, as amended. Motion carried 5-0. Cncl. Joos asked that items 13.D.1 and 13.DA. on the agenda be postponed to the next meeting. Mr. McNeill asked if the Council could take item 13.F.1 because Gen McJilton of Ryan Development has been waiting to present a request regarding the letter of credit for Dean Lakes. Joos/Lehman moved to extend the meeting for five minutes. Motion carried 5-0. Kris Wilson presented Council with a request from Ryan Development regarding their mixed use development at Dean Lakes, specifically the business park portion of that development. As part ofthe developer's agreement between the City and Ryan Development, Ryan Development has provided the City with a Letter of Credit guaranteeing the special assessments for parcels in the Dean Lakes Development. Ryan Development is requesting that language be altered to model after language that they have with other cities. Their request is that when a parcel within the development is sold and developed and when a certificate of occupancy has been issued on that parcel that they be allowed to reduce their Letter of Credit with the city for the amount ofthe special assessment that has been apportioned to that now improved parcel. The reason behind this is that the improvement on the parcel or the building now stands as a guarantee or a backing Official Proceedings of the July 18, 2006 Shakopee City Council Page -12- for the special assessments. If the special assessments were not paid on that now improved parcel, the city could collect through the tax forfeiture process. Gen McJilton of Ryan Development advised the Council that she would like to see language added to the existing agreement to be comparable to language they have with other cities regarding the Letter of Credit. Specifically for buildings in the business park that have a certificate of occupancy issued. Mayor Schmitt suggested reducing the Letter of Credit one year after occupancy. Cnc1. Menden asked if the Council has ever done this in the past. He is also concerned if other developers would come forward with a similar request. Judy Cox, City Clerk, advised council that this is the first request the city has had of this type regarding a Letter of Credit reduction. Mr. Thomson advised Council that when the development is approved there is a financial guarantee posted, to ensure payment, of a Letter of Credit, which is 75%. What's being asked by Ryan Development is at the time the Letter of Credit is issued the land is urtimproved, when a building is put on the property, Ryan is asking that the Letter of Credit be reduced because that parcel now has enough security in the value of the building. Mr. McNeill asked Mr. Thomson what the risk to the city would be. Mr. Thomson said that the City would have to wait for the property to sell to collect the special assessments. Joos/Menden moved to amend the developer's agreement for Deans Lake and allow the reduction of their letter of credit as per their request. Motion carried 5-0. (A letter of credit may be reduced for a parcel upon completion of construction of a commercial building and issuance of a certificate of occupancy.) Clay/Lehman moved to table Items 13.D.l. An Ordinance Pertaining to the Installation of Grease Interceptors/Discharges to Public Sewer and 13.DA. Extension Agreement for Consulting Services to Implement a GIS/Asset Management System to the next regularly scheduled meeting. Motion carried 5-0. Joos/Lehman moved to adjourn to Wednesday, July 19,2006, at 7:00 p.m. Motion carried 5-0. ~~J.0c ' 1 dith S. Cox . City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 19,2006 Mayor John J. Schmitt called the meeting to order at 7:03 p.m. with Council members Matt Lehman, Steve Menden, Steve Clay and Terry Joos. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Gregg V oxland, Finance Director; and R. Michael Leek, Community Development Director. Joos/Lehman moved to recess for an executive session to discuss pending litigation. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:46 p.m. and stated that no action was taken during the executive session. Ms. Jessie Hart, Vice President, Springsted Incorporated, passed out copies of her Cost of Services Study for the City of Shako pee, dated July 19,2006. She gave an overview of the Study. She stated that a lot ofthe information and methodology in this report is a repeat of what was in the mini report provided to Council earlier. Ms. Hart explained that a benchmark cost per unit of each fee was established for the various activities. One hundred forty-four (144) different fee types and charges were examined. Ninety- three (93) fees could be increased, fifty (50) fees could be decreased or eliminated and one (1) fee remains unchanged because it is set forth in state statutes. The analysis is based on 2005 revenues, expenses, frequencies and service levels. Looking at the benchmark cost per unit of each fee and applying a deviation of 15% plus or minus, fees could be reduced by $470,000 plus or minus. Ms. Hart stated that the City could have realized additional funds for services provided to other funds such as the storm sewer fund or the transit fund based on service and the benchmark deviation. Ms. Hart stated that the Study is a report and model that will help in the future to analyze cost to help set fees in the future. Ms. Hart stated that of the 93 fees studied that could be increased, this could have resulted in $705,000 additional revenue. The City needs to look at overhead charges, salaries, how people are spending their time, etc. The Study points out fees in the building and planning areas. There are areas where services are greater than the fees in the planning and engineering areas. Ms. Hart pointed out that the full costing, using the service levels from 2005 plus the 15% deviation equals the optional fees identified in the Study. Discussion ensued on whether or not adjustments to the fees could be available for Council consideration at the next Council meeting on August 2nd. Mr. Thomson advised that if Council is not ready to hold the hearing on August 2nd, that the hearing could be continued. Official Proceedings of July 19,2006 Shakopee City Council Page -2- Joos/Menden moved to adjourn the meeting to Tuesday, July 25,2006 at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 9:23 p.m. ~~ ~ .or J dith S. Cox ity Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUL Y 25, 2006 Mayor John J. Schmitt called the meeting to order at 7:00 pm. Council members present were Steve Clay, Terry Joos, and Matt Lehman at 7:03 p.m. Absent: Steve Menden. Also present were: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; and Jeff Weyandt, Assistant City Engineer. Mr. Loney stated that the draft report on the West River Interceptor - Phase III has been prepared by Bonestroo Rosene Anderlik & Associates and is submitted to the Council. There are various alternatives for Council to discuss. Staff needs direction from Council before proceeding. Mr. Loney showed pictures of the areas in need of riverbank stabilization. Mr. Tom Roushar, Bonestroo Rosene Anderlik & Associates, addressed a January 12, 2006 letter from the Corp of Engineers regarding the bank erosion caused by the Minnesota River that is threatening a wastewater sewer line located in the river bank. He noted that the letter mentions that 1,800 feet would need to be corrected for a cost of about $1.8 million and this has been used in the report. However, Mr. Roushar stated that Bonestroo estimates that the distance is actually 1,000 feet which reduces the cost. Mr. Roushar stated that the $12 billion Water Resource Development Bill has passed in the Senate and the next step is that the House and Senate need to get together in conference committee and decide on the final bill, then it goes in front of the Energy and Water Resources Appropriation Act. If Shakopee desires to pursue some of this money, he stated that the advice from the Army Corp of Engineers is to get hold of our Congressman and get money ear marked for Shakopee. He explained that there would be a 30% match required. Mr. Loney stated that the object is to protect the pipe and stabilize the riverbank; the gist is to move the pipe. Mr. Roushar explained that the 4,000 foot project has been broken into two sections in the draft report. Section A is from Adams Street to approximately Apgar Street and Section B is from Apgar Street to Fuller Street. Mr. Roushar explained two alternatives for Section A. Alternative 1 would be to remove the existing pipe and put a new pipe in the same trench for $965,000. This would be less expensive than putting a new pipe along side the existing trench. Alternative 2 would be to put in the new pipe in an adjacent trench along side of the current pipe for $1.2 million. Mr. Roushar explained two alternatives for Section B. He noted that this would be 1,000 feet not 1,800 feet. Alternative 1 would be to install the pipe parallel to the existing pipe by the river. This will entail cutting a trench into the rock and the rock will protect the pipe. The estimated costis high. He pointed out that the January 12, 2006 memo puts this cost estimate at $2.5 million; however, if it is only 1,000 feet, the cost would be reduced by $1 million. Alternative 2 would be to install the pipe up away from the river and follow along Levee Drive. This would entail removal of the curb and pavement to the center line of Levee Drive. The problem with this alternative is that it would require rock removal which would require blasting and grinding. Official Proceedings of the July 25, 2006 Shakopee City Council Page -2- Blasting is a concern because of the impact on the residents in the area. The cost of Alternative 2 is cheaper than going along the river. Mr. Roushar pointed out that the funding that the City received for the previous riverbank facility, for the Section 14 project constructed in 2001, was to protect the pipe. rfthe pipe is moved away from the river, then there is no facility to protect so why ask for money. Discussion ensued regarding applying for funds for riverbank stabilization. Mr. Loney stated that ifthe City would get Army Corp funding than B1 (Construct final 1,300 feet of interceptor along the Minnesota River) would make sense. He stated that Staff will continue to monitor until the City receives funding. He stated that Staff has enough to work on the final report and prepare some time lines; the main thing is to pursue Army Corp funding. Mr. Weyandt stated that the final report will have a recommendation for Section A. Councilor Joos stated that putting in the pipe along Levee Drive is probably not the way to go. It would be more prudent to go after funds and not lean toward Levee Drive. Councilor Lehman stated that it would be better to have the report when the City goes to Congressman Kline's office. Mr. Loney presented the pavement management report. He stated that the City has over 140 miles of streets that represent a financial investment of over $120 million. Forty-five percent (45%) have been built within the last 10-11 years. The City has been short on funding for bituminous overlay projects. We need to do more bituminous overlay to keep the streets out of reconstruction. More money is also needed for seal coating, $160,000 per year to do a good job. Mr. Loney pointed out a couple of issues that Council might want to address. He mentioned special assessments and funding. He suggested developing a strategy for collector streets and local streets and recommended using state aids funds, 25% for maintenance. He felt that these funds could be used for pavement preservation. Mr. Loney explained that with doing seal coating, street overlay and street reconstruction in the appropriate time frames the City can expect a 40-60 year cycle. Mr. Loney explained that the City is behind in seal coating andthat we can not afford to make cuts in the budget any longer. The budget needs to be increased to $160,000/yr. The City needs to take care of its assets. The City is also falling behind in bituminous overlay. Reconstruction needs to continue. Mr. Loney feels that doing a 14 block area (one mile) is the right amount to do each year. He also noted that the best strategy is to build the streets the right way to begin with. LehmanlJoos moved for a five minute recess at 8:29 p.m. Motion carried 4-0. Official Proceedings of the July 25, 2006 Shakopee City Council Page -3- Mayor Schmitt re-convened the meeting at 8:37 p.m. JeffWeynandt, Assistant City Engineer, provided a power point presentation on the public works projects contained in the Capital Improvement Plan for 2007 and 2008. The presentation focused on sanitary sewer, storm sewer, and street projects. The park projects will be discussed at a following meeting. Mr. McNeill noted that the projects for 2007 will be included in the 2007 general fund budget. Mr. McNeill asked the Council members to take action on renewing the city's property and liability insurance coverage. He noted that the cost has gone up significantly, but that this is the best opportunity that we have right now. Joos/Clay moved to accept the property and liability insurance renewals from the League of Minnesota Cities Insurance Trust for a deposit premium of$380,857, and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Motion carried 4-0. A brief discussion ensued on a proposed logo for the city's 2007 sesquicentennial. There was a consensus to find something more crisp. LehmanlJoos moved to adjourn the meeting at 9:32 p.m. Motion carried 4-0. ~d. err ~th S. Cox ity Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,M~SOTA AUGUST 02, 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 City Administrator, R. Michael Leek, Community Development Director; Bruce Loney, Public W orks/Engineering Director; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk; Dan Hughes, Chief of Police; Mark Themig, Parks, Recreation and Facilities Director; and Gregg Voxland, Finance Director. The Pledge of Allegiance was cited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mark McNeill proposed to add 15.F.1., a request from Shakopee Derby Days for a City financial contribution for 2006 events. Mr. McNeill also suggested that the Executive Session be held after the Consent Agenda. Menden/Joos moved to approve the Agenda as amended. Motion carried 5-0. In the Mayor's Report, Mayor Schmitt talked about his participation as well as Councilman Joos and Lehman's participation in National Night Out on Tuesday, August 1,2006. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mayor Schmitt asked that item 5.E.I., Approve Job Description and Authorize Advertising to Fill the Communications Coordinator Position, be taken off the Consent Agenda. MendenlJoos moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda. Motion carried 5-0. MendenlJoos moved to approve the plans and specifications and authorize bidding for 1 ih Avenue Sports complex Building, Project No. PR2005-2. (Motion carried under the Consent Agenda. ) MendenlJoos tabled action on the Conditional Use Permit application ofI-State Trucking Center for Truck Sales/Service in the Light Industrial (I-I) Zone to August 15,2006, City Council Meeting. (Motion carried under the Consent Agenda.) MendenlJoos offered Resolution No. 6465, A Resolution Accepting Work on the 2005 Street Reconstruction, Project No. 2005-1, and moved its adoption. (Motion carried under the Consent Agenda.) Menden/Joos offered Resolution No. 6463 a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2006 (CIPP) Cured in place pipe, Project No. 2006-8, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the August 02, 2006 Shakopee City Council Page -2- MendenlJoos offered Resolution No. 6464, A Resolution of the Shakopee City COlUlCil authorizing Execution of an Agreement for the Project Entitled MN Department of Public Safety Alcohol and Gambling Enforcement Alternative Enforcement Grant, and moved its adoption. (Motion carried under the Consent Agenda.) MendenlJoos moved to approve the satisfactory completion of probation and authorize the retention of John Kolar as Police Officer effective August 15,2006. (Motion carried under the Consent Agenda.) MendenlJoos moved to authorize the hiring of Jeremy Stobb as part-time probationary Community Service Officer at Step E of Grade Level 2 in the 2006 City Pay Plan, at an hourly rate of$14.53,subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) MendenlJoos moved to approve the bills in the amount of $499,974.95. (Motion carried under the Consent Agenda.) MendenlJoos moved to approve the City Council minutes of June 27, 2006 and July 05,2006. (Motion carried under the Consent Agenda.) Mayor Schmitt asked if there were any interested citizens who wished to discuss a matter not on the agenda. No one responded. LehmanlMenden moved to adjourn at 7:08 p.m. to Executive Session for discussion oflitigation. Motion carried 5-0. Mayor Schmitt re-convened the City Council Meeting at 7:31 p.m. Mayor Schmitt reported that no action was taken during the Executive Session. Joos/Clay moved to open the public hearing on revisions to building permit and development fees. Motion carried 5-0. Michael Leek, Community Development Director, stated that the purpose tonight is to take testimony on the proposal to adjust building permit fees for new construction, heavy and light commercial/industrial, duplexes, institutional and educational, multiple family units, and single family units both on septic systems and on city sewer. He noted that the Cost of Services Study that was conducted by Springsted concludes that there are ninety-three (93) fees that could be either increased or implemented; fifty (50) fees that could be decreased or eliminated; and one (1) fee that could remain unchanged. He suggested that there not be a lot of discussion at this time but that direction be given to Staff on preparing an ordinance for Council consideration on August 15, 2006 and that the hearing be continued to August 15,2006. Mr. Leek said that there were 705 permits issued in 2005 with a 2005 revenue of $1 ,306,31 0.14. The projected 2006 permits are 398 with revenue of$856,169.45. Based on the minimum fees to be discussed on August 15th, the revenue for 2006 goes down to $627,582.77. Official Proceedings of the August 02, 2006 Shakopee City Council Page -3- Mayor Schmitt asked for comments from Council members. There were none at this time. Mayor Schmitt asked for comments from those in attendance at the meeting. There were none. Joos/Clay moved to continue public hearing on revisions to building permit and development fees to August 15,2006. Motion carried 5-0. Kris Wilson, Assistant City Administrator, discussed the draft job description for the Communications Coordinator position. The 2006 budget includes funding for a half-time Communications Coordinator. This position will be part of the Administration Department and will report to the Assistant City Administrator. The budget includes $35,195 for the Communications Coordinator salary. The City's pay plan consultant recommended that this position be placed in Grade 6 of the City's 2006 Pay Plan, which is a salary range of $44,242 - $55,330. For a halftime position the salary would be $22,121 to $27,665. She noted some of the responsibilities contained in the job description. MendenlJoos moved to approve the Communications Coordinator job description and authorize the appropriate staff to begin the hiring process. Motion carried 5-0. (CC Document No. 417) Mayor Schmitt asked Council members for their liaison reports. Cncl. Clay said that the Scott County Transit Committee met with architects and engineers. The committee looked at potential designs for the building structure of the Park and Ride on County Road 18 and Crossroads. Cncl. Joos said that he met with the Fire Department visioning group. Cncl. Joos said that he would like to add this item to the end of the agenda to discuss funding of a facilitator for that group. Cncl. Joos also discussed attending National Night Out. Cncl. Lehman discussed the Fire Department's visioning group. He concurred with Cncl. Joos that he would also like to add to the agenda the possibility of funding a facilitator. Cncl. Lehman also discussed attending National Night Out. Cncl. Menden had nothing to report. Joos/Clay moved to recess at 7:50 for an Economic Development Authority meeting. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:00 p.m. Kris Wilson presented the Council with a recommendation from the Telecommunications Advisory Commission regarding the purchase of new Portable Studio equipment. This equipment can be used by the community for events such as high school sporting events. The Telecommunications Commission budgeted $45,000 in their 2006 budget for new equipment. Two quotes were received. The only complete quote and the lowest cost quote was submitted by Alpha Video at a cost of$32,118.05. Official Proceedings ofthe August 02, 2006 Shakopee City Council Page -4- Lehman/Joos moved to approve the purchase of portable studio equipment from Alpha Video at a cost not to exceed $33,000.00. Motion carried 5-0. Mark Themig, Parks, Recreation, and Facilities Director, addressed the council with the conveyance of Mn/DOT Parcel 75 to the City. The parcel is within the Southbridge addition. Mr. Themig stated that the City has worked with MnlDOT and the DNR to put together a vegetation management plan for the parcel. This parcel is one of the last remaining oak Savanah remnant parcels in the Minnesota Valley area. It also contains some rare plant and animal species that aren't typically found in the area or that have been disturbed as a result of development. Mr. Themig stated that in his most recent discussions with Cyrus Knutson, Program Jurisdiction Manager for MnlDOT, MnlDOT is prepared to move ahead in conveying the property to the City at this time. Mn/DOT would like to see the City's need for conveying the parcel to the city and then they would move quickly on this. Mn/DOT would also like to see some type of protective easement over the parcel that would limit what development the city could do. This would only include paved trails and educational kiosks. It would not allow a fire station or active areas. Mr. Themig also thinks the City should take stewardship of the site knowing that the City has an obligation to ensure the long-term ecological importance of the property. The long-term range of cost to maintain the property may be $10,000 to $15,000 a year, depending upon the amount of volunteerism. Mr. Themig explained that a section of Southbridge Parkway that crosses through the property has some unpaid assessments on it. Mn/DOT typically does not pay special assessments and so they are still outstanding. Mr. Themig stated that the bonds have been paid off through pre- payments and, interest that was generated through that. Even though the assessments show up on the books the bonds have been paid off. The Council does have options to write off the assessments or require the assessments to be paid through the Park Reserve fund or some other city fund. Mr. Themig stated that the Park and Recreations Advisory Board is advising the Council that the City move forward in purchasing this site. Cncl. Joos asked how the citizen's of Shakopee, not in Southbridge, are going to be able to access this property. Cncl. Joos also asked if there is a way to connect this property with the Quarry Lake site even though there is a major highway that divides the two of them. Mr. Themig stated that the City has submitted a grant request for applications for a crossing over 169 that would connect to Dean Lakes to this parcel. Mr. Themig sited several different ways access will be gained to the site via bike trail systems, sidewalks, etc. Cncl. Menden asked if the City were not to aquire the property and it was sold on the open market would the new property ovvners be required to pay the outstanding special assessments. Official. Proceedings of the August 02, 2006 Shakopee City Council Page -5~ Mr. Thomson, the City Attorney, stated that the new owners would be required to pay the special assessments. Finance Director, Gregg V oxland, said that due to Mn/DOT's position on paying the assessments, the County has taken them off their records last year. MnlDOT is still on the City's records but not the County's records. Cncl. Clay asked Mr. V oxland how he would like to see the unpaid assessments handled if the City acquires the property. Mr. Voxland advised that the assessments should be paid out of the Park Fund and the money transferred into the Capital Improvement Fund. Steve Soltau of Shako pee Crossings stated that he remembers during the development of Southbridge there was a cost sharing of the assessments to the Southbridge Parkway segment. It was his, understanding that the assessments were divided three ways and is surprised that there are any assessments to be paid on the property. Mr. Loney responded that there was a lot of discussion and that the City did assess this parcel. Mr. Soltau also noted that originally there was to be another access through this parcel to Southbridge Parkway. He suggested that the City may want to ask if there could be an emergency access through the parcel. Joos/Clay moved to direct staff to write a letter to the DNR and Mn/DOT requesting conveyance ofMnJDOT Parcel 75 and include in the letter the City's commitment to long term stewardship as well as an emergency road access through the parcel. Also moved to take up the outstanding assessments at a later date. Motion carried 5-0. Bruce Loney, Public Works Director/City Engineer, presented the Council with a consideration of Ordinance No. 766, An Ordinance Pertaining to the Installation of Grease Interceptors, and Amending Section 3.10 of the City Code. Mr. Loney discussed the changes to the ordinance that were recommended; 1. Change Subd. 5.B. to read "Water or waste which contains more than 500 milligrams/liter of fat, oil or grease." 2. Change the time allowed for compliance from three years to eighteen months. 3. Add a provision to allow exemptions with the onus on the food establishment to provide documentation to the city that they are discharging less than 500 milligrams/liter. Cncl. Joos questioned the change in time allowed for compliance from three years to eighteen months. He's concerned about businesses not being able to comply with this ordinance within eighteen months because of budget cycles and recommends keeping the compliance time to three years. Official Proceedings of the . August 02, 2006 Shakopee City Council Page -6- Joos/Clay offered Ordinance No. 766, Fourth Series, An Ordinance ofthe City of Shako pee, Minnesota Amending City Code Chapter 3, Section 3.10, Requiring Grease Interceptors, and moved its adoption, amending the time allowed to install the grease interceptors from eighteen months to three years. Discussion followed. encl. Menden stated he would like to see the requirement for the installation to stay at eighteen months. Mr. Menden stated that the presentation that the Council received from Public Works in June demonstrated the need for grease interceptors. Cncl. Menden pointed out the pictures that were shown during that presentation of what a sewer line looked like three months after being cleaned and the blockage that had occurred in that time. MendenlClay moved to amend the ordinance back to eighteen months to install the grease interceptors. Motion carried 4-1 with Cncl. J oos voting against the amendment. Mayor Schmitt asked for a vote on the main motion of adopting Oridinace No. 766. Motion carried 5-0. Bruce Loney presented the Council with a proposal from WSB & Associates to implement a Geographic Information System (GIS) and Asset Management System (AMS) for the Shakopee Public Works Department. Mr. Loney stated that the 2006 budget for the Engineering Department has approximately $48,000 set aside for a GIS specialist position for 2006. It was decided that for the remainder of 2006 it would be beneficial to the City to hire WSB & Associates to set up the GIS/ AMS, and then hire a GIS specialist in 2007 to maintain. the system. WSB & Associates would involve a high level GIS programmer and system development person to review the Public Works Department's needs in various areas of asset management. Essentially, this proposal would "kick start" the program and develop the GIS/ AMS for the Public Works Department and get the system to a point where a GIS specialist could then manage the day to day operation of the system. The proposal, as submitted, is $40,585. Cnc1. Menden asked Mr. Loney if the City will be asking developers for information that is compatible with the system and at what point would a GIS technician be hired. Mr. Loney stated that developers are now required to provide all the information on the plans when they are submitted. Mr. Loney also stated that the set up process would take about six to seven months. He would like to see a GIS technician hired at the beginning of 2007. That would allow the technician time to work with WSB personnel. Cncl. Lehman asked what AMS stood for. Mr. Loney stated that it stood for Asset Management System and it's the key component to the program. All assets would be documented and recorded. Official Proceedings of the August 02, 2006 Shakopee City Council Page -7- Mayor Schmitt asked who would be entering all the data that's being collected. Mr. Loney said that it would take approximately three years before the system is up and running at full capacity because of all the data collection and the input that would have to be done. John Mackiewicz ofWSB & Associates addressed the Mayor's concerns. He stated that as part of the project process he would develop time lines on the length of time it would take to enter items. LehmanlMenden moved to execute an extension agreement with WSB & Associates, Inc. for consultant services on implementing a GIS/AMS for the City of Shako pee Public Works Department, as per the May 18, 2006 proposal and for $40,585. Motion carried 5-0. Mark McNeill presented Council with a follow up on the EDA recommendation to the City Council to adopt a job description for authorization to advertise for the EDA Specialist position. Mr. Leek stated that he drafted some language for the job description. Mr. Leek added number 10 to the job description which states, "Effectively markets the City as a place to establish, maintain, and grow businesses that provide living wage jobs and enhance the City's tax base." And then under Knowledge, Skills, and Abilities amend per the recommendation from EDA to include "knowledge of and ability to use effective marketing techniques." Joos/Clay moved to approve the Economic Development Specialist job description at Grade 7 of the City's 2006 Pay Plan with amendment recommendations from Michael Leek. Motion carried 4-1 with Cnc1. Lehman opposed. (CC Document No. 418) Mark McNeill presented the Council with information that was received from Derby Days, Inc. Derby Days Inc. has requested some funding participation from the City in an effort to offset higher than what had been anticipated costs for liability insurance. Jack McGovern from the Derby Days Committee addressed the Council. Mr. McGovern stated that unforeseen costs in insurance premiums have depleted the reserve fund of the Derby Days Committee. Mr. McGovern is asking for a City contribution to offset the cost of the hire insurance rates. MendenlLehman moved to provide Derby Days Inc. with $4,000 out of contingency to be used toward offsetting the cost ofinsurance costs. Motion carried 5-0. Cncl. Joos discussed with Council the need for a facilitator for the Fire Department visioning process meetings involving the Council Liaisons and the Fire Department. Preferably someone from outside city staff to facilitate the meetings to keep the group focused and moving forward. Cuc1. Lehman also agreed that there is a need for a facilitator. Cncl. Lehman would also like to see a moderator who does not have any ties or involvement in city government or fire departments. Official Proceedings of the August 02, 2006 Shakopee City Council Page -8- Mark McNeill suggested someone from the community who would want to volunteer their time for this process. He also suggested looking outside the community but a cost may be incurred if that was the option taken. Cncl. Clay suggested someone from the School District. Mayor Schmitt suggested Bob Mitchell who was on the City's vision committee. He also possesses a lot of experience dealing with a variety of groups through his non-profit connections. Mr. McNeill will take the Council's suggestions and look into options for a facilitator. Cncl. Menden said that there are open positions on the Park Board and the EAC (Environmental Advisory Committee) and encouraged Council that if they know anyone who is interested to encourage them to apply. Cncl. Lehman would like the Council to reconsider the "right-in only" access in the Southbridge Fields addition. Cncl. Menden asked how to procedurally open up that discussion again or reconsider it. Cncl. Clay stated that a motion would need to be made by the prevailing side and seconded to reconsider the motion. MendenlLehman moved to have staff put the "right-in only" access in the Southbridge Fields addition on the agenda for the next City Council meeting on August 15,2006. Motion carried 5- O. LehmanlJoos moved to adjourn to Tuesday, August 08, 2006, at 7:00 p.m. Motion carried 5-0. Meeting adjourned at 9:50 p.m. ~J.~ ~thS.cox .. City Clerk Kim Weckman Recording Secretary ,. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SfUU(OPEE,~SOTA AUGUST 08, 2006 (Budget Work Session) Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden present. Matt Lehman, absent. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Gregg V oxland, Finance Ma~ager; Dan Hughes, Chief of Police; Jeff Tate, Captain; and Judith S. Cox, City Clerk. Mayor Schmitt asked ifthere were any additions or d.eletions to the Consent Agenda. There were no changes. Joos/Clay moved to approve the Consent agenda as listed. Mr. McNeill read the consent business. Motion carried 4-0. Joos/Clay offered Resolution No. 6468, A Resolution Approving a Registered Land SUIVey for Properties in Dean Lakes Third Addition for the Ryan Companies, and moved its adoption. (Motion carried under the Consent agenda). Mr. Voxland gave an oveIView of the General Fund 2007 Budget as it stands. He reported that the information he received from the Scott County Auditor shows a 6.2 percent increase in the average market value of a house in Shakopee. Mr. Voxland also discussed the preliminary 2007 general fund budget summary. The estimated revenue for 2007 is $14,683,800; the expenditures are $16,580,770; the deficiency of revenues over expenditures is $1,896,970. TheSPUC transfer in and the EDA and Recreation fund transfer out are reflected in the preliminary budget. Mr. Voxlancl stated that the budget reflects a shortfall of $1. 6 million. The 800 :MHz radios, which cost $465,000, council decided last year to take that out of the fund balance. If the council decides to go with a 4% under-spend factor that would be $663,000. The two equal $1.1 million dollars. As it stands, the preliminary 2007 general fund budget is at a $501,609 deficit. Mr. Voxland stated that the tax rate for 2006 was 30.974 and the estimated 2007 tax rate would be 31.087. Included in the budget are eight new employees at an estimated cost of $500,000. Employees budgeted are one park and one street employee, a GIS employee and 5 police. The service levy from 05-06 was $682,225 and in 06-07 it is $827.303 and increase of21.3%. The Fiscal Disparities Distribution has an increase of 13.9%. The Net Levy is $11,208,047 which is a 14.4% increase over 2006. Mr. Voxland asked Council's directions on the Market Value credit. For the past two years the State has cut the aid to many cities. Shakopee has received a zero market value credit for the last two years. The cut is also included in the 2007 budget year and Mr. V oxland asked Council if Official Proceedings of the August 08, 2006 Shakopee City Council Page -2- they want to include this in their revenue forecast. All of the Council members agreed not to include this in their revenue forecast. The General Fund has a15% increase in expenditures. Dan Hughes, Chief of Police, stated that the expectation of police officers is: safety, honor, pride, integrity, and customer services. Shakopee leads the county in calls for service with 17,409 calls in 2005. He also sited many statistics regarding traffic citations, violent crimes, arrests. Chief Hughes stated that one-half of the department's fonnalleaders have less than 18 months experience in their position and are supervising inexperienced staff Captain Jeff Tate provided information to the City Council on activities within the police department on a typical summer weekend. In summary, over a 72 hour period the Shakopee officers arrested and jailed 19 people. Eleven of the arrests were for DWI. Chief Hughes' staffing requests for 2007 are to promote an'additional Captain, promote an additional Sergeant, a Records Supervisor, and four Police Offic~rs. Chief Hughes identified other proposed increases for the 2007 budget: additional staff requires additional work space, equipment, uniforms, supplies; Emergency Operations Center (EOC); increased cost offuel and energy; increased fleet of emergency vehicles; PolicelFire Joint Training Facility; tactical team expense; 800 MHz radio system and vehicle maintenance labor charge. Chief Hughes responded to questions from Council members. Cncl. J oos stated that he would like to try to keep the tax rate the same as last year. Michael Leek presented the 2007 proposed budget for the planning division. He reported that there are no staff requests for 2007. He stated that the 2007 budget has a 14 percent increase from 2006. Mr. Leek pointed out that the most substantial increase to the budget is the Professional Services line item with an increase of $45,000. This is in part due to the parks and open space chapter in the comprehensive plan and the housing chapter; and engineering consultant for riverfront plans for $30,000. In response to encl. Joos' question regarding the per-diem for the planning commissioners, Mr. Leek stated that he would check with other cities and see what they pay their planning commission members. Mr. Leek presented the 2007 proposed budget for the building inspection division. He stated the proposed 2007 budget is approximately $70,000 less than the final 2006 budget. The reason for the change is that in the 2006 budget there was a full-time grading inspector added to this division. What has been done in the interim is one of the current inspectors has taken over grading review and inspection from the Engineering staff Due to this staffing change, there isn't a need for the full-time grading inspector at this time. Mr. Leek answered questions from the council members regarding items in the proposed budget. Official Proceedings of the August 08, 2006 Shakopee City Council Page -3- Mayor Schmitt asked if there was any other business to discuss. Mr. Voxland stated he had a few items he needed to discuss with regard to the budget. He discussed moving line items into different categories which have no cost effects to the budget. Move library and congregate dining to a new division. Charge labor to departments and City Hall, costs to department that are located there. Mr. V oxland also stated that there are certain funds that are not being charged an administrative overhead allocation. The City is currently charging sanitary and storm which will increase. However, there are not charges to EDA, Telecommunications or Transit. Mr. Voxland asked if the Council would like to include it. Council agreed to add a 15% increase to those funds. Mr. V oxland reported that the Capital Improvement Fund was established by ordinance and it authorized paying for sanitary, storm drainage, water main, buildings, streets, street lighting, street signals and we have been including public parking lots. Mr. V oxland asked Council how they would like to pay for city trails next to streets. Council agreed that if the trail is next to a street it should be funded by the Capital Improvement Fund. If the trail is within a park, the trail should be paid for by the Park Reserve Fund. Mr. Voxland stated that the City has hired a Park Designer, who is paid from the Park Reserve Fund for design work. He would like to know how Council would like to pay for other City Staff members who spend time on parks. Mr. V oxland would like to know if it should be charged out of the Park Reserve Fund for the staff time. Council agrees that staff time should also be charged to the Park Reserve Fund. Mr. Voxland suggested moving Natural Resources from the Recreation Fund back into the General Fund. Council members agreed and decided to have it moved with Park Maintenance. Menden/Clay moved to adjourn to Monday, August 14, 2006 at 7:00 p.m. Motion carried 4-0. Meeting adjourned at 9:05 p.m. ~J.C;6 Udith s. Cox ity Clerk Kim Weckman Recording Secretary