HomeMy WebLinkAbout4.F.2. City Council Minutes 1111111411 Consent Business 4. F. 2.
SHAKOI'F E
TO: Mayor and City Council
FROM: Julie Linnihan, Finance Director/City Clerk
DATE: 01/20/2015
SUBJECT: City Council Minutes (F)
Action Sought
Move to approve the City Council minutes from December 16, 2014 and January 6,
2015.
Attachments: 12-16-14 City Council Minutes
01-06-15 City Council Minutes
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE MINNESOTA December 16,2014
1. Roll Call
Present: Mayor Brad Tabke; Councilmember Matt Lehman;Councilmember Jay Whiting;Councilmember
Kathi Mocol;Councilmember Mike Luce
Staff City Administrator Mark McNeill;Assistant City Administrator Kris Wilson;Community
Present: Development Director R.Michael Leek;Public Works Director/Engineer Bruce Loney;Finance
Director/City Clerk Julie A Linnihan;Police Chief Jeff Tate;Parks,Recreation&Natural Resources
Director Jamie Polley;Fire Chief Rick Coleman;City Attorney Jim Thomson
2. Pledge of Allegiance
3. Approval of Agenda
Mr.McNeill added 5.C.14,Resolution No. 7533,A Resolution in Support of an Application for the
Local Road Improvement Program Grant.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman to approve the
agenda as amended.
Vote: 5 -0
4. Approval of Employment Separation Agreement, and Acceptance of the Resignation of City
Administrator Mark McNeill(F)
Mayor Tabke advised Council of a separation agreement for City Administrator,Mark McNeill.
Cncl. Lehman read a statement opposing the decision. Cncl. Luce also opposed the decision.
Mayor Tabke asked that City Attorney,Jim Thomson,to explain what Council can and can not be
discuss before he allowes members of the audience to address Council. Mr.Thomson explained
that the decision made by Council on December 2,2014 asked for City Administrator,Mark
McNeill's resignation. The information related to this matter is bound by data privacy law and can
not be discussed in public.
Mayor Tabke asked if there were members of the audience that wished to speak. Pat Ciliberto,
Shauna Ruthenbeck,Jordan Olson,Jane DuBois,Mike Beard,Dan Hughes Gary Laurent,Joe
Heitkamp and Bill Mars addressed Council advising Council of their disapproval of Council's
decision to remove Mark McNeill from his position as City Administrator. John Crooks,Utility
Director at Shakopee Public Utilities, said that at the Shakopee Public Utility Commission meeting
that was held on 12/15/14,the Commission signed a offered a Resolution of Appreciation to Mark
McNeill and read it to the audience.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to accept the
separation agreement of Mark McNeill as City Administrator.
Vote: 3 -2
Opposed: Councilmember Matt Lehman
Councilmember Mike Luce
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to recess for 10
minutes.
Vote: 5 -0
5. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by
the Mayor there will be an opportunity for members of the Council to remove any items from the
consent agenda for individual discussion. Those items removed will be considered following the
Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed
and will be approved in one motion.)
Cncl. Lehman and Cncl. Luce asked for the following to be removed from the Consent Agenda.
5.A.1,Adoption of Revised Sign Regulations;5.B.3, School Resource Officer Agreement; 5.D.1,
Employee Service Awards Program; 5.F.3,2015 Fee Schedule and 5.F.10,Fire Station#2 Gutter
Project.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to approve the
Consent agenda as amended.
Vote: 5 -0
A. Community Development
1. Adoption of Revised Sign Regulations at Shakopee City Code Sec. 11.70. Signs -Ord.No. 898 (B,D)
-Item removed from the Consent Agenda.
Cncl. Lehman asked that this item be removed from Consent because of the significant changes that
were made. He asked Mr.Leek to provide a brief overview of the changes.
Mr. Leek said that in late 2012,the Shakopee Chamber of Commerce Public Policy Committee
(PPC)approached the City with recommendations for revisions to the City's sign regulations.
Through 2012 and 2013,the PPC,Planning Commission,and Economic Development Advisory
Commission(EDAC)worked together on a possible set of revisions.After reviewing these,in June
of this year the PPC approached the City with some additional ideas for the revisions. Since June,he
and other staff have been working with representatives of the PPC to refine those ideas and bring
them forward to the Planning Commission.
On November 6,2014 the Planning Commission reviewed the proposed revisions and unanimously
recommend approval of the revised sign regulations to City Council.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to adopt
Ordinance No. 898 approving revisions to Shakopee City Code Sec. 11.70. Signs and Ordinance No.
898,and direct staff to have the ordinance summary published.
Vote: 5 -0
B. Police and Fire
1. Authorize Disposal of Surplus Property-Bikes/Miscellaneous(F)
Moved to declare the listed property surplus and authorize its disposal per City Code. (Motion
carried under the Consent Agenda)
2. Declare Six Forfeited Vehicles as Surplus Property(F)
Moved to declare the 1993 Toyota Tercel,VIN: JT2EL46S6P0346831;the 1994 Ford Explorer,
VIN: 1FMDU34X6RUC94214;the 2001 GMC Yukon,VIN: 3GKFK16T21G287712;the 2003
Chevrolet Impala,VIN:2G1WF52E839384935;the 2004 Mitsubishi Galant,VIN:
4A3AB36F34E142389; and the 2011Nissan Maxima,VIN: 1N4AA5AP9BC805125 as surplus
property. (Motion carried under the Consent Agenda)
3. School Resource Officer Agreement Renewal for 2015 (D)-Item removed from the Consent Agenda.
Chief Tate said the School Resource Officer Agreement is set to expire December 31,2014. The
police department and school district have conceptually agreed to extend the School Resource
Officer Agreement through December 31,2015.
On an annual basis the school district contributes 33.5%of each officer's fully-loaded salary. This
proposed agreement,with the new timeframe and officer cost was given to Council.
The police department is seeking authorization to extend,under the same terms and conditions,the
School Resource Officer Agreement by and between Independent School District#720 and the City
of Shakopee,for the 2015 calendar year.
Cncl. Luce asked Chief Tate if there were plans to increase the schools contribution in 2015. Chief
Tate said he has a meeting set in January 2015 with the school district to discuss an increase. He's
planning on having an agreement in place and present it to Council on January 20,2015 with
revisions to reflect a fairly allocated cost between the City and school district.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to authorize the
appropriate city staff to enter into an agreement to extend the School Resource Officer Agreement
through the 2015 calendar year,and move its adoption.
Vote: 5 -0
4. A Resolution of the City of Shakopee,Minnesota Accepting the Donation of$5,000 from Fairmount
Minerals-Res.No. 7530(A)
Offered Resolution No. 7530,a Resolution of the City of Shakopee,Minnesota,Accepting the
Donation of$5,000 from Fairmount Minerals, as required under MN State Statute. (Motion carried
under the Consent Agenda)
C. Public Works and Engineering
1. Traffic Sign Retroreflectivity Policy Adoption-Res No. 7522. (A,B,E)
Offer Resolution 7522,a resolution adopting a Traffic Sign Retroreflectivity Policy and move its
adoption. (Motion carried under the Consent Agenda)
2. Approve a Revised Trunk Sanitary Sewer Charge Policy,Res.No. 7528 (E)
Offered Resolution 7528,which approves the Revised Trunk Sanitary Sewer Charge
Policy. (Motion carried under the Consent Agenda)
3. Authorize the Execution of a Stipulation of Settlement between Conklin and City of Shakopee(D)
Authorize the appropriate city officials to sign the Stipulation of Settlement in the condemnation
matter between Conklin Company, Inc. and the City of Shakopee. (Motion carried under the
Consent Agenda)
4. Approval of Extension Agreement with SEH,Inc. for Sanitary Sewer Service Rehabilitation Project
(E)
Moved to authorize the appropriate city officials to execute an extension agreement with SEH,Inc.
for design services with a sanitary sewer service rehabilitation project. (Motion carried under the
Consent Agenda)
5. Approval of Bolton&Menk,Inc. Contract Amendment for CSAH 17Nierling Drive Contract
Administration and Construction Improvements. (D)
Moved to approve a Bolton&Menk,Inc. contract amendment for CSAH 17Nierling Drive
Project. (Motion carried under the Consent Agenda)
6. Extension Agreement with Bolton&Menk,Inc. for Design Services on the CSAH 83 Culvert
Improvements Project No. 2015-3 (B)
Authorize appropriate city officials to enter into an extension agreement with Bolton&Menk,Inc.
to provide design and construction services for the CSAH 83 Culvert Improvements Project No.
2015-3. (Motion carried under the Consent Agenda)
7. Accept work on the Valley View Road Project 2012-7,Res.No. 7526(E)
Resolution No. 7526,a resolution accepting work on the Valley View Road Improvements Project
No.2012-7. (Motion carried under the Consent Agenda)
8. Authorize Purchase of Cab and Chassis for Park Maintenance Division(E)
Moved to authorize the purchase of one(1)new cab and chassis from Midway Ford Commercial for
the price of$34,196.00,with the funds to be expended from the Capital Equipment Internal Service
Fund. (Motion carried under the Consent Agenda)
9. Authorize Purchase of Snow Plows, Tailgate Lifts and Accessories for Building and Park
Maintenance. (E)
Moved to authorize the purchase of(2)Tommy Gates, (2) 8'Western Plows,and(2)set-ups with
accessories from Aspen Equipment for the price of$22,934.00. (Motion carried under the Consent
Agenda)
10. Authorize Purchase of Tractor,V-Plow and Snow Blower for Park Maintenance.(E)
Moved to authorize the purchase of one(1)new tractor and snowblower for the price of$89,151.60
from Ag Power Enterprises Inc. and one(1)new V-Plow for the price of$5,200.00 from Schilz
Ornamental Iron,Inc. (Motion carried under the Consent Agenda)
11. Authorize Purchase of Small Pickups for Park Maintenance(E)
Moved to authorize the purchase of two(2)2015 Chevrolet Colorado 2-WD Pickups from Ranger
GM for$20, 995.76 each and a total of$41,991.52. The funds to be expended from the Capital
Equipment Internal Service Fund. (Motion carried under the Consent Agenda)
12. Authorize use of Re-Purchase Agreements for Skid-steer Loaders(E)
Moved to authorize utilization of re-purchase agreement with Ziegler,Inc. for one(1)new CAT
287D Track Skid-steer Loader for the price of$9,300.00.Funding is to be expended from the
Surface Water Fund. (Motion carried under the Consent Agenda)
Move to authorize utilization of the re-purchase agreement with Lano Equipment for three(3)new
Bobcat S570 Skid-steer Loaders for the price of$3,582.00 each and a total of$10,746.00.Funding
is to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the
Consent Agenda)
13. Authorize Preparation of a Train Safety/Quiet Zone Request for Proposals(RFP) (A,D,E)
Moved to authorize the preparation of a Train Safety/Quiet Zone Request for Proposals. (Motion
carried under the Consent Agenda)
14. A Resolution in Support of an Application for the Local Road Improvement Program(LRIP)Grant.
Offered Resolution No. 7533,A Resolution in Support of an Application for the Local Road
Improvement Program(LRIP)Grant. (Motion carried under the Consent Agenda)
D. Personnel
1. Adoption of New Employee Service Awards Program-Res.No. 7532(E)-Item removed from the
Consent Agenda.
Ms. Wilson said staff researched how numerous other cities and counties recognize employees for
reaching milestone years of service,staff is asking Council to approve the attached Employee
Service Awards program to replace the City's past practice of awarding various certificates,
resolutions and plaques.
Under the proposed program,employees would receive a certificate from the City thanking them for
their years of service and providing instructions for how to redeem their certificate online for a
"thank you"gift of their choice. After researching multiple vendors in this field,it is recommended
that we proceed with a company called Awards Network,which offers a wide variety of choices
including cookware,tools, sporting equipment,electronics,housewares,etc.
An annual budget of$5,000 will be sufficient to fund the program for the foreseeable future.
Discussion followed.
Cncl. Luce said he pulled this item from the Consent Agenda because he feels the program is
hypocritical because of the previous action to remove Mr. McNeill as City Administrator.
Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting
Resolution No. 7532, a resolution adopting an Employee Service Award Program, and move its
adoption.
Vote: 5 -0
2. Amendment to Uniform&Clothing Policy-Res.No. 7531 (F)
Offer Resolution No. 7531, a Resolution Amending the City's Uniform&Clothing Policy,and
move its adoption. (Motion carried under the Consent Agenda)
3. Correction to Personnel Handbook Amendment--Resolution No. 7527(F)
Offer Resolution No. 7527,a resolution amending the Personnel Handbook for Employees of the
City of Shakopee,and move its adoption. (Motion carried under the Consent Agenda)
4. Authorization to Hire IT Specialist(E)
Moved to authorize the hiring of Philip Dubbe for the position of IT Specialist at Step C of Grade 6
of the City's Non-Union Pay Plan,contingent upon the successful completion of a pre-employment
physical and drug test. (Motion carried under the Consent Agenda)
E. Parks and Recreation
F. General Administration
1. City Bill List(F)
Moved to approve the bills and electronic funds transfers in the amount$1,638,123.73 and payroll
transfers in the amount of$429,346.94 for a total of$2,067,470.67. (Motion carried under the
Consent Agenda)
2. City Council Minutes(F)
Moved to approve the City Council minutes from November 18, 2014. (Motion carried under the
Consent Agenda)
3. 2015 Fee Schedule-Ord.No. 897(F) -Item removed from the Consent Agenda.
Cncl. Lehman would like to see changes in the fee schedule for items that don't have a safety
aspect, i.e.replacing a door,replacing existing windows and residing a house. Mayor Tabke
agrees that there should be policy discussion regarding the fee schedule but said the fee schedule
presented should be adopt and Council should schedule a future workshop to discuss the possible
changes. Cncl. Lehman would like to keep the 2014 rates and bring it back at a later date after the
policy discussion. He asked Council to send staff a list of concerns they have regarding the 2015
fee schedule and then bring it back on January 6,2015 for further discussion.
Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to adopt
Ordinance 897 to adopt the 2015 Fee Schedule and have it come back to the January 6,2015 Council
meeting with input from all 5 council members. Discussion followed:
Cncl.Whiting believes something needs to be in place at this time and that Council should schedule a
workshop to deal with changes to the fee schedule. Cncl.Lehman said he is having a trust issue with
Council and doesn't believe it will come back for discussion if the fee schedule presented is passed.
Vote: 3 -2
Opposed: Councilmember Matt Lehman
Councilmember Mike Luce
4. Approval of the 2014 Audit Proposal Submitted by Kern,DeWenter,Viere,LTD(C)
Moved to approve the proposal received from Kern,DeWenter,Viere,Ltd. for 2014 audit services
not to exceed$35,500 and the Single Audit of$3,100 specific to the 2014 fiscal year. (Motion
carried under the Consent Agenda)
5. Approve Taproom, Sunday On Sale and Small Brewery Licenses for Badger Hill Brewery(F)
Moved to approve the Taproom,Sunday On Sale and Small Brewery licenses for Badger Hill
Brewery located at 4571 Valley Industrial Blvd. S. (Motion carried under the Consent Agenda)
6. 2015 Pawn Shop Business Renewals(F)
1.Moved to approve the application and grant a Pawnshop License DRM LLC of Shakopee dba
Excel Pawn&Jewelry,450 1st Avenue West. (Motion carried under the Consent Agenda)
2.Moved to approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's License to Mark Pearson,DRM LLC of Shakopee dba Excel Pawn&Jewelry,
450 1st Avenue West. (Motion carried under the Consent Agenda)
3.Moved to approve the application and grant a Pawnshop License to PawnXchange LLC, 1133
Canterbury Road. (Motion carried under the Consent Agenda)
4.Moved to approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's license to Mark Smith,PawnXchange LLC, 1133 Canterbury Road. (Motion
carried under the Consent Agenda)
1. Moved to approve the application and grant a Pawnshop License DRM LLC of Shakopee dba
Excel Pawn&Jewelry,450 1st Avenue West. (Motion carried under the Consent Agenda)
2. Moved to approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's License to Mark Pearson,DRM LLC of Shakopee dba Excel Pawn&Jewelry,
450 1st Avenue West. (Motion carried under the Consent Agenda)
3. Moved to approve the application and grant a Pawnshop License to PawnXchange LLC, 1133
Canterbury Road. (Motion carried under the Consent Agenda)
4.Moved to approve the application and grant a Pawnbroker,Precious Metal Dealer and
Secondhand Dealer's license to Mark Smith,PawnXchange LLC, 1133 Canterbury Road. (Motion
carried under the Consent Agenda)
7. 2015 Taxicab Business License Renewals(F)
Moved to approve the applications and grant a Taxicab Business License to:
1. Timothy R. Dressen Jr.m dba TNT Taxi(2 vehicles)
2. Bradford Transportation,Inc. dba Shakopee Taxi(2 vehicles)
3. Getahun Haile,dba Airport Budget Taxi(1 vehicle)
4. LaTour Transportation,LLC dba Southwest Metro Transportation(5 vehicles)
(Motion carried under the Consent Agenda)
8. 2015 Tobacco License Renewals(F)
Moved to approve all applications for Tobacco License Renewals. (Motion carried under the
Consent Agenda)
9. Results of Comcast Franchise Fee Audit(E)
Moved to file the attached Review of Franchise Fee and PEG Fees Receipts for the years ending
December 31,2011 and 2012. (Motion carried under the Consent Agenda)
10. Authorization to Spend Building Funds for Fire Station#2 Work(F)-Item removed from the
Consent Agenda.
Cncl. Luce removed this item from the Consent Agenda because he questioned the work that needs
to be done on a building that is only two years old.
Ms. Wilson stated that the professional building envelope and roof inspections were recently
completed on several City buildings,including Fire Station#2. One of the major issues identified is
the original design of the building did not include gutters or snow guards along the east side of the
building. This is the side of the building where the two major entrances are and a long stretch of
sidewalk,which is difficult to keep clear of melting snow and water. This project will address that
shortfall, as well as several other minor issues associated with the roof and water run-off.
The lowest of the three quotes received was from John Dalsin&Son,Inc. for$29,420. A$2,580
contingency is also requested to pay for inspections services from Skyline Building Envelope
Consultants and to accommodate any unanticipated issues. This amount can easily be
accommodated within the Internal Service Fund.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting Moved to
authorize the expenditure of an amount not to exceed$32,000 from the Internal Service Fund for the
installation of additional gutters,snow guards and heat tape at Fire Station#2 and related work.
Vote: 5-0
6. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-(Limited to five minutes per
person/subject.Longer presentations must be scheduled through the City Clerk. As this meeting is
cablecast,speakers must approach the microphone at the podium for the benefit of viewers and other
attendees.)
No one responded.
7. Public Hearings:
A. Public Hearing for Vacation of Public Rights-of-Way Adjacent to Rahr Malting Company-Res.No.
7529(B)
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to open the
public hearing.
Vote: 5-0
Mr.Leek stated that Rahr Malting Company has submitted an application for vacation of public
rights-of-way adjacent to their property in the area north of 2nd Avenue West,south of Spring
Avenue,west of Apgar Street,and east of Clay Street.
Rahr has requested that the public rights-of-way depicted be vacated as a part of Rahr's plan to
consolidate their property into a more manageable legal description,as well as more developable
parcels. Rights-of-way included in this request include portions of Pierce Street, Shumway Street,
and segments of alleys between Clay Street and vacated Apgar Street,north of 1st Avenue.
City departments, Scott County and other outside agencies were given the opportunity to review and
provide comments regarding this application.
Planning staff have received comments from City Engineering, SPUC and CenterPoint Energy,
noting that there are several existing utilities located in these rights-of-way in addition to the need
for relocation of existing or installation of new service lines. They recommend approval of the
request,conditioned that the applicant either provide easements over these rights-of-way and/or
discuss processes for relocation of said services,with agreements that address the details and costs
involved with the relocation of services. Specifically,City Engineering will require information
and easements for public sanitary sewer and public storm sewer in Pierce Street right-of-way, SPUC
will require plat replacement easements as described in their memo and commitment from Rahr to
work with SPUC on an agreement to address cost responsibilities,and CenterPoint Energy will
require that Rahr continue to work with them on the relocation of their main.
Mayor Tabke asked if there was anyone in the audiance that wished to speak at the public hearing.
No one responded.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to close the
public hearing.
Vote: 5 -0
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol offer Resolution
No. 7529,a resolution approving a vacation of public rights-of-way, subject to recording of drainage
and utility easements over the rights-of-way,and/or entering into agreements to address details and
costs for the relocation of utilities.
Vote: 5-0
8. Business removed from the Consent Agenda will be discussed at this time
See Consent Agenda items 5.A.1;5.B.3; 5.D.1; 5.F.3 and 5.F.10.
9. Recess for Economic Development Authority Meeting:
Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to recess for the
Economic Development Authority meeting.
Vote: 5 -0
10. Reconvene
Mayor Tabke reconvened the meeting.
11. General Business:
A. Community Development
1. Concept Review for Senior Housing in the R1C Zone,The Henderson Project(A,D)
Mr.Leek presented Council with a concept review for senior housing. He said Scott County CDA
has made application for a Concept Review for a 55-Unit senior housing facility called"The
Henderson" on property adjacent to Saint Mary's Catholic Church,south of 5th Avenue East and
west of Sommerville Street. The applicant is proposing to subdivide the eastern 1.25 acres for the
development of this project. The property is zoned R1C,Old Shakopee Residential.
The building design is 4 levels on the north side and 3 levels visible above grade on the south side,
which follows the topography of the site.Mr.Leek discussed the proposed materials for the project
and elevation of the project which is proposed in the R1C zone.
Mr. Leek then discussed surface,garage and angled street parking. The total amount of parking
proposed is a total of 94 spaces,counting on-street parking.
Mr. Leek asked City Council to provide comments on the project to staff and the developer and also
give direction to staff on whether they would like staff to bring forward a zoning text amendment
request for review by both the Planning Commission and City Council. He also said that future
public hearings would be required for a zoning text amendment,variance,plat,or conditional use
permit.
Steve Dunbar from the Scott County Community Development Agency(CDA)addressed Council
and said that an informational neighborhood meeting that was held on December 9,2014. He said
he went over the concept design with the attendees.
Council's concerns include parking,building height,and density issues.
B. Police and Fire
C. Public Works and Engineering
D. Personnel
E. Parks and Recreation
1. Approval of the Final Design for Quarry Lake Park and Authorization to Prepare the Plans and
Specifications. (A)
Ms.Polley said that on November 10,2014 the Park and Recreation Advisory Board(PRAB)
reviewed three concept plans that were developed based on previous comments from the PRAB and
the community. All agreed upon concept#3,which included a gazebo near the water,terraced
seating and ample parking,was the best use of the space.
The PRAB also felt that the final design should incorporate the ATV/OHM training space if
possible. If the ATV/OHM training space can be incorporated the City can accept the 2014 Federal
Recreational Trail Program grant of$150,000.
Based on the feedback from the PRAB,Candace Amberg of WSB developed the proposed final
concept plan. Staff is exploring environmentally friendly construction options such as pervious
pavement to reduce the environmental impact of the park construction.
On December 2nd staff discussed the vision of the large shelter with the City Council during a work
session. The Council directed staff to design the large shelter as a fully enclosed shelter that could
be used for multiple uses including rentals, events,programs and classes.
The currently amounted allocated for Quarry Lake in the Park Reserve Fund is$1,750,000. The
engineers estimate for the park excluding the large shelter is$2,173,500.As mentioned on
December 2nd the large shelter could be estimated to be up to $2,500,000. A revised estimate will
be based on the final design of the shelter.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to approve the
Final Design for Quarry Lake Park,as presented and authorize the preparation of plans and
specifications. Discussion followed.
Cncl.Lehman has concerns about the cost of the project and does not want the project to go above the
$1,750,000 budget. Cncl.Whiting also has concerns about the cost of the project. Cncl. Luce has
concerns about vandalism to buildings. He also asked questions about a sponsorship program for
naming rights at parks.
Mayor Tabke asked for a vote on the motion.
Vote: 5 -0
F. General Administration
1. City Council Program for Government Access Channel(F)
Ms.Wilson said at its November 5th meeting,the Council discussed 2015 goals and priorities for
the City's communications efforts,including an offer from local resident Kent Robbins to organize
and host a regular video program interviewing Council members,and sometimes staff,regarding
major issues facing the City. The proposed program would air on the Government Access Channel
and also be made available for on-demand viewing on the City's website and YouTube page.
At the November 5th meeting the Council expressed an interest in seeing a sample of the proposed
program. Therefore,Mayor Tabke and Councilmember Mocol met with Mr.Robbins and taped a
sample program on November 21. That video was distributed to all Council members on
November 24.
If the Council elects to proceed with the proposed program,it is estimated that it will require
approximately two hours of the Telecommunications Coordinator's time per episode for set-up,
taping and basic post-production work.
It is expected that Mr.Robbins will manage the scheduling of guests and selection of topics and that
he will be responsible for communicating those topics to his scheduled guests prior to taping.
After discussion,it was decided to revisit the concept in four to six months and determine if Council
should move forward with the project.
2. Discuss City Administration Transition Plan(E)
Mayor Tabke said that with the action that took place earlier with regard to the employment
separation agreement of Mark McNeill,City Council needs to discuss plans for appointing an
interim City Administrator and other transition plan.
Cncl. Lehman suggested appointing the Assistant City Administrator,Kris Wilson as the interim
City Administrator. He also said the City should contact the League of Minnesota Cities to assist in
posting of a new City Administrator. He also suggested that Ms.Wilson could utilize Scott
County's human resources department to assist the City with part of her duties until the City
Administrator's position is filled. Mayor Tabke stated that although he feels Ms.Wilson could do
the job,he would prefer to leave her in her current roll and ask the Finance Director,Julie
Linnihan to be the acting City Administrator. Cncl.Mocol agrees with Mayor Tabke to appoint Ms.
Linnihan as the interim City Administrator. Cncl.Whiting questioned the timeline for a City
Administrator. Ms.Wilson explained that it could take three to six months to fill the position.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to appoint the
Assistant City Administrator as the interim City Administrator. Discussion followed.
Cncl.Mocol and Mayor Tabke felt it would be in the City's best interest to have Julie Linnihan as the
interim City Administrator. Cncl. Whiting said he has no doubt that Ms.Linnihan or Ms. Wilson
could do the job but with the absence of a City Administrator,there is no oversight of the finances.
He would like Ms.Linnihan to postpone her resignation for the time being to assist during the
transition. Cncl.Lehman called the question.
Vote: 3 -2
Opposed: Mayor Brad Tabke
Councilmember Kathi Mocol
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to direct staff to
come up with a transition plan and review the current open positions. This should be brought back to
Council on January 6,2015 for Council to prioritize and decide where outside assistance would be
helpful.
Vote: 5-0
12. Other Business
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to direct staff to
work with Ms.Linnihan to extend her stay as long as possible to maintain the Finance and the City
Clerk departments.
Vote: 5-0
Cncl.Lehman wished staff and the citizens of Shakopee a very Merry Christmas and a Happy New
Year.
13. Adjourn to January 6,2015 at 7:00 p.m.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to adjourn to to
January 6,2015.
Vote: 5-0
p�
Julie A Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE MINNESOTA January 6,2015
1. Roll Call
Present: Mayor Brad Tabke; Councilmember Matt Lehman;Councilmember Jay Whiting;Councilmember
Kathi Mocol; Councilmember Mike Luce
Staff Assistant City Administrator Kris Wilson; Community Development Director R.Michael Leek;
Present: Public Works Director/Engineer Bruce Loney; Finance Director/City Clerk Julie A Linnihan;
Economic Development Coordinator Samantha DiMaggio;City Attorney Jim Thomson
2. Pledge of Allegiance
3. Approval of the Agenda
Ms. Wilson asked to add 3.A,A Resolution of Appreciation for Todd Brinkhaus-Res.No. 7539.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to approve the
agenda as amended.
Vote: 5 -0
3.A A Resolution of Appreciation for Todd Brinkhaus -Res.No. 7539
Ms. Wilson and Mayor Tabke presented Todd Brinkhaus with Resolution No. 7539. A Resolution of
Appreciation for Todd Brinkhaus for his 40 years of public service to the City.
Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce to offer
Resolution No. 7539,A Resolution of Appreciation for Todd Brinkhaus.
Vote: 5 -0
5. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by
the Mayor there will be an opportunity for members of the Council to remove any items from the
consent agenda for individual discussion. Those items removed will be considered following the
Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed
and will be approved in one motion.)
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to approve the
Consent Agenda as presented.
Vote: 5 -0
A. Community Development
B. Police and Fire
1. Resolution No. 7537,Federal Grant Award for the Southwest Metro Drug Task Force(D)
Offered Resolution Number 7537,A Resolution of the City of Shakopee,Minnesota,Approving the
Violent Crime Enforcement Team (VCET)Grant Award with the Minnesota Department of Public
Safety,Office of Justice Programs,for the project entitled Southwest Metro Drug Task Force,for the
calendar year 2015. City officials are authorized to sign the current year agreement. (Motion carried
under the Consent Agenda)
2. Purchase of Portable Radios(E)
Moved to authorize the purchase of seven Motorola Portable Radios totaling$27,116.25. (Motion
carried under the Consent Agenda)
C. Public Works and Engineering
1. Approve a Preliminary Engineering Report for the 2015 Street Reconstruction Project 2015-1,Res.
No.7534 and Set a Hearing Date(E)
Offered Resolution No. 7354,A Resolution Receiving a Report and Calling a Hearing for the 2015
Street Reconstruction Project,Project No. 2015-1 and move its adoption. (Motion carried under the
Consent Agenda)
D. Personnel
1. Adoption of Updated Contribution Schedules for Post-Employment Health Care Savings Plan(HCSP)
Accounts-Res.No. 7538(E)
Offered Resolution No. 7538,A Resolution Increasing the Employer Contribution to Employee's
Post-Employment Health Care Savings Plans,and move it adoption. (Motion carried under the
Consent Agenda)
2. Approval of Position Description for Victim&Community Services Coordinator(E)
Moved to approve the position description for the newly created Police Department position of
Victim&Community Services Coordinator and authorize it's placement in Grade 5 of the
Non-Union Pay Plan. (Motion carried under the Consent Agenda)
3. Authorization to Promote to Sergeant(E)
Moved to authorize the promotion of Officer Josh Davis to the position of Sergeant with the Police
Department, effective January 12,2015. (Motion carried under the Consent Agenda)
4. Compensation for Acting City Administrator
Offered Resolution No. 7540,a Resolution Authorizing Compensation for the Acting City
Administrator,and move its adoption. (Motion carried under the Consent Agenda)
E. Parks and Recreation
1. Final Payment Authorization to Northwest Asphalt,Inc. for the Completion of Riverside Fields Park-
Res.No. 7536(A,F)
Offered Resolution No. 7536,A Resolution Accepting the work of Northwest Asphalt,Inc.
on Riverside Fields Park Improvements and Authorizing Final Payment,project PR 2012-1 and
move its adoption. (Motion carried under the Consent Agenda)
F. General Administration
1. City Bill List(F)
Moved to approve the bills and electronic funds transfers in the amount$1,194,093.43 and payroll
transfers in the amount of$1,144,648.97 for a total of$2,338,742.40. (Motion carried under the
Consent Agenda)
2. City Council Minutes(F)
Move to approve the minutes from December 2,2014 along with a noted correction on a vote.
(Motion carried under the Consent Agenda)
3. Approve Temporary On-Sale Liquor License for Shakopee All Night Graduation Party Fundraiser(F)
Moved to approve the Temporary On-Sale Liquor License for Shakopee All Night Graduation Party
Fundraiser. (Motion carried under the Consent Agenda)
4. Council Meeting Procedures(F)
Moved to approve the above listed Council meeting policies and procedures for 2015. (Motion
carried under the Consent Agenda)
5. Designation of Official Newspaper(F)
Moved to designate the Shakopee Valley News as the Official Newspaper for the City of Shakopee
for the year 2015. (Motion carried under the Consent Agenda)
6. 2015 City Council Liaison Appointments(F)
Moved to endorse the Council officer and liaison appointments. (Motion carried under the Consent
Agenda)
6. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-(Limited to five minutes per
person/subject.Longer presentations must be scheduled through the City Clerk. As this meeting is
cablecast,speakers must approach the microphone at the podium for the benefit of viewers and other
attendees.)
Shauna Ruthenbeck, 1120 Dakota St. addressed the Council asking them to consider the creation of a
digital dashboard on the City's website for easier citizen monitoring of the budget, Council voting
records, and other items. She also asked the Council to consider expanding from five member City
Council to seven members.
Chris Taylor,532 Spencer St.,asked Council for more information regarding the Henderson Project.
Mr. Leek advised Mr. Taylor that the Planning Commission's meeting of January 8th would be
addressing the subject and encourage him to attend the meeting.
7. Public Hearings:
A. 2015 Currency Exchange License for DRM LLC dba Excel Pawn-Res.No. 7535 (F)
Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to open the public
hearing.
Vote: 5-0
Ms. Linnihan said that DRM LLC dba Excel Pawn,450 1st Avenue West has made application for
renewal of the currency exchange license.
The license is ultimately issued by the State of Minnesota. Current law requires that the local
municipality approve or deny the issuance of a license,after published notice and a public hearing.
The applicant has provided the State with the required$10,000 Currency Exchange Surety Bond. The
Police Department has advised that they are unaware of any reason for the City of Shakopee to object
to the granting of a currency exchange license to DRM LLC dba Excel Pawn.
Mayor Tabke asked if there was anyone in the audiance that wished to speak at the public hearing.
No one responded.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to close the public
hearing.
Vote: 5 -0
Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce Offered Resolution
No. 7535,A Resolution Approving the application of DRM LLC dba Excel Pawn for a Currency
Exchange License and move its adoption.
Vote: 5 -0
8. Business removed from the Consent Agenda will be discussed at this time
None
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to recess for five
minutes.
Mayor Tabke reconvened the meeting.
Vote: 5-0
9. General Business:
A. Community Development
B. Police and Fire
C. Public Works and Engineering
D. Personnel
E. Parks and Recreation
F. General Administration
1. Transition Plan& 1st Quarter 2015 Work Plan
Ms. Wilson said that following her appointment to the role of Acting City Administrator,Council
directed a transition plan be brought forward with recommendations for prioritizing and balancing
workload in the coming months.
She providing the following transition plan with emphasis on staffing needs,existing work plan,
suggested Council Focus for January through May,2015 and a facilitate workshop.
Ms. Wilson discussed staffing needs. The City has a total of 14 vacant or soon-to-be vacant full-time
positions. Hiring a City Administrator will be a high priority task in the coming months. She
recommended that the City hire an executive recruitment firm that specializes in public sector
positions to organize the search and selection process.
The Finance Director/City Clerk,Julie Linnihan,previously submitted a letter of resignation
effective January 30th. This is a key position within the City's management team and one that a new
City Administrator would likely prefer being involved in. Ms.Wilson recommends the City hire an
interim Finance Director to serve for approximately six to eight months.
Other open positions include some vacancies due to standard employee turn over and the City's
recent Retirement Incentive Program,as well as new positions established by the 2015 budget. Ms.
Wilson recommends that the hiring needs be met through a multi-pronged approach.
Key leadership and supervisory positions would be managed by Ms. Wilson,along with the one
position on the list that falls under the jurisdiction of the Civil Service Commission. Secondly, Scott
County has offered the assistance of its Employee Relations Department and steps have already been
taken to have its staff manage the process for several time-sensitive,front-line positions. Lastly, a
few of the new positions authorized in the 2015 budget would be delayed slightly,with postings
going out once other open positions have been filled. Council agreed with Ms.Wilson's staffing
needs and plan.
Next,Ms.Wilson discussed an existing work plan. She talked about a work plan that was approved
by Council in June of 2014 and items that were completed in 2014. There are items from the work
plan that staff will continue to work on during this transition period. They include research and
discussion surrounding the future of the Community Center and other community amenities;RFP for
a Railroad Quiet Zone; continued follow-up from the 101 Corridor Study; and re-codification of the
City Code.
There are a few items on the work plan that are recommended to be placed on hold during this
transition period. They include development of a performance measurement system and
development of an improved employee evaluation system. These are items that can be taken up
again upon the appointment of a new City Administrator. Cncl. agreed with Ms.Wilson's existing
work plan.
Ms. Wilson recommended to City Council the need for Council to focus on three major topics in the
coming months. They include organizational future,westward growth and the future of the
recreational and community amenities.
The first on this list will be working with the recruitment firm to articulate the skills,experience and
attributes desired in the next City Administrator and actively participate in the interview and
selection process when the time comes. In addition to this,there should be focus on the Phone
Survey of Residents,IT Strategic Plan,City Hall Feasibility Study and a related Organizational
Study. These initiatives are all nearing completion and staff would propose to bring several of them
forward for Council's information and discussion at your February 3rd workshop meeting.
Next is that the City has a limited supply of ready-to-develop land for commercial,industrial and
residential growth. There is a real need to examine opportunities for expansion of the City,
particularly into areas south of the new 69/ 169 interchange. This will involve working with
neighboring townships and land owners to revisit the existing orderly annexation agreement;
planning for the expansion(and funding)of urban infrastructure and services,and even creating a
master plan for the area in order to better communicate the City's development priorities and
preferences.
Information is being gathered and feasibility studies are underway related to the possible expansion
of the Community Center,development of a cultural and social center and the partnership
opportunities for moving forward. The feasibility study on expansion of the Community Center is
currently on track to be ready for Council workshop discussions in March and April. Cncl.agreed
with Ms.Wilson's suggestions for Council to focus on in the upcoming months.
Finally,during the Council's meeting of December 16th, it has been suggested that the Council may
benefit from a facilitated workshop/retreat to repair and strengthen relationships and communication
for the challenges that lie ahead. Ms.Wilson solicited recommendations for possible facilitators with
experience helping other City Councils navigate these issues. The purpose of this effort would be to
collectively establish operating standards and expectations that will allow for a respectful and
productive working relationship regardless of individual positions on the issues.
Cncl.Lehman and Cncl.Luce stated that would not participate in the workshop if a majority of
Council chose to do the meeting off camera. After further discussion,Council directed Ms. Wilson
to contact a consultant and come back to Council with their recommendations of what they think the
best procedure would be to move forward.
2. Selection of Search Firm for City Administrator Recruitment
Ms. Wilson suggested utilizing a professional search firm to hire the City Administrator. This
removes any conflict of interest that might arise as a result of existing staff managing the process,
and allows for the process to be driven by the Council as a whole.
Ms. Wilson presented a proposal from Waters&Company Executive Recruitment which is owned
by Springsted. Springsted serves as the City's financial advisor and is currently performing an
organizational study as part of the City Hall Feasibility Study. They have recently completed or are
in the process of completing City Administrator or Manager searches for the cities of Lakeville,
Bloomington,Oakdale and Bemidji,Minnesota.
The proposal outlines the process that Waters&Company would follow and provides background
information on the consultants that would lead Shakopee's search.
Funding for the$21,000 cost will come from unspent salary dollars resulting from the City
Administrator position being vacant during the search.
Cncl.Lehman and Cncl. Luce would like a proposal from two other companies. After further
discussion,Cncl.Lehman stated that if Springsted included a citizen panel in the interview process
and included in their agreement that the candidates are not apolitical,we is comforatable moving
forward with Springsted.
Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to accept the
proposal from Waters&Company Executive Recruitment to conduct the search for a new City
Administrator,at a cost of$21,000. Discussion followed. Cncl.Lehman asked for assurances from
Springsted that they won't allow the process to become a political process. Cncl.Whiting and Cncl.
Mocol accept Cncl. Lehman's suggestion as an amendment.
Vote: 4- 1
Opposed: Councilmember Mike Luce
3. Review of 2015 Fee Schedule
At its December 16,2014 meeting,the Council approved the City's proposed fee schedule for 2015.
However, staff was directed to return with a review of permit fees for projects that could be classified
as standard home maintenance and improvement.
Ms. Wilson listed out the fee schedule for"Additions&Remodels". She said each item is provided
for under the Minnesota State Building Code,as adopted by the City of Shakopee. The only permit
that the City of Shakopee has opted to require above and beyond those identified in the Code is the
fence permit. In every case,when a building permit of any type is taken out and paid for,the City
provides an on-site inspection by a licensed,professional building inspector.
The City does not require a permit or charge a permit fee for simply replacing a door or installing a
storm or screen door,as long as the door frame and supporting structure remain unchanged.
Therefore, staff is confident that permit fees to do exceed the cost of the permitted improvement.
The replacement of the entire door or window structure does require a permit,inspection and
payment of the associated fee as these are critical to health,safety and welfare. The framing of doors
and windows contributes directly to the structural integrity of a building,provide critical egress in
case of an emergency and their proper installation. Furthermore,the fees established for these
services are structured to recover the City's cost for providing the service.
After a brief discussion, it was decided not to make any changes at this time the 2015 Fees Schedule
that was adopted on December 16,2014.
10. Closed Session to Discuss the Purchase of Property
Moved by Councilmember Matt Lehman,Seconded by Councilmember Jay Whiting to adjourn to
closed session as permitted under Minnesota Statute 13.D.05, Subd. 3,in order to consider purchasing
property located in the northeast corner of the intersection of Trunk Highway 169 and County Road 69
and property located at 234 First Ave West.
Vote: 5-0
A. MNDOT Property Near CR 69/TH 169 (B,D)
Mayor Tabke reconvened the meeting.
Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to accept the offer
from MnDOT,contingent upon Planning Commission approval and MPCA action. Also,committing
to Vierling Dr.trail required by MnDOT.
Vote: 5 -0
B. 234 First Ave West(B)
General direction was given to staff. No action was taken.
11. Other Business
None
12. Adjourn to January 20,2015 at 7:00 p.m.
Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to adjourn to
January 20,2015 at 7:00 p.m.
Vote: 5 -0
Julie A Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary