HomeMy WebLinkAbout5.F.2. Approval of Minutes: March 5th and 11th, 2008
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
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REGULAR SESSION
SHAKOPEE, MINNESOTA
MARCH 5,2008
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat
Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City
Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek,
Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jamie
Polley, Park, Recreation, and Natural Resources Director; Captain Jeff Tate; Captain Craig
Robson; Andrea Weber, Park and Recreation Landscape Designer; and Travis Karlen,
Recreation Supervisor.
The Pledge of Allegiance was recited.
Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill asked
to table 4.C. Presentation of Award to Officer Sean Zauhar, Shakopee Police Officer of the Year,
and delete from the agenda 5.F.3 Hazardous Materials Response Group Joint Powers Agreement.
Mr. McNeill also asked to add 5.E.2 Resignation of Sergeant Clay Johnson. Mr. McNeill asked
to remove from the Consent Agenda, 5.8.1 Resolution No. 6740 Authorizing Staff to Determine
Completeness and to Extend the Review Period if Needed for Applications Governed by
Minnesota Statutes Section 15.99.
Joos/Clay moved to approve the agenda as amended. Motion carried 5-0.
Mayor Schmitt presented a Certificate of Recognition to Representative Mike Beard for support
of Shakopee Transit for 2007.
Mr. Beard gave an update of the legislature. Mr. Beard discussed the Transportation Bill that
passed. In that bill Mr. Beard stated that 600 million dollars has been designated to bridge
replacement. County and state aid highways have been designated 150 million dollars to be split
between all Minnesota Counties. Municipal state aid streets have been designated 38 million
dollars.
Mr. Beard stated that the two other bills that have to happen this year are the Tax Compliance
Bill and the Bonding Bill. Mr. Beard said the tax bill cleared the representative house and is now
in the senate house. Mr. Beard stated the bill should pass next week and is confident the
governor will sign it.
Mr. Beard discussed the Bonding Bill which needs to meet the threshold of 825 million dollars.
He is confident that will also be finished by the end of the following week. Mr. Beard said he is
carrying the request for the Scott County Regional Training Facility and the Lower Minnesota
Watershed District.
Cnc!. Lehman asked Representative Beard if the new transit bill and funding have any impact on
moving up the future 41 river crossing funds. Mr. Beard stated it does not have any impact on the
41 river crossing.
Official Proceedings of the
Shakopee City Council
March 5,2008
Page -2-
Cncl. Joos voiced his opinion about a representative from Scott County having a seat on the Met
Council. Cncl. Joos voiced his dissatisfaction of the State moving the Caucus day but not
changing it so that City Councils could meet on the originally scheduled day.
Mr. Beard stated that last week the bill was passed regarding the caucus day.
Mayor Schmitt presented a plaque to Mary Romansky for her 12 years on the Planning
Commission. Ms. Romansky thanked the Council and Mr. Leek.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr.
McNeill stated that 5.B.1 had been emailed to Council members previously but copies were not
on the table until just a few minutes ago. Mr. McNeill stated that the revised Resolution copy
that was just handed out has the language regarding giving council notice of review letters reo
extensions and would like to keep it on the Consent Agenda. Council agreed to keep it on the
Consent Agenda. Mr. McNeill stated Sergeant Clay Johnson's resignation could also be added
to the Consent Agenda.
LehmanlJoos moved to approve the Consent Agenda as amended. Mr. Me Neill read the consent
business. Motion carried 5-0.
Lehman/Joos moved to authorize new three-year agreements with Midwest Coca-Cola bottling
company for beverage vending service, and Midwest Vending for snack vending service.
(Motion carried under the Consent Agenda)
LehmanlJoos offered Resolution No. 6740, A Resolution of the City of Shako pee, Minnesota
Authorizing City Staff to Determine Completeness and to Extend the Review Period if Needed
for Applications Governed by Minnesota Statutes Sec. 15.99 and Ratifying Previous City Staff
Decisions Regarding Those Determinations, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Joos offered Ordinance No. 790, Fourth Series, an Ordinance of the City of Shako pee,
Minnesota, Adopting Revisions to City Code Sec. 11.60, Subd. 6 Regarding Grading, Filling,
and Excavation, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Joos offered Resolution No. 6735, A Resolution Approving Plans and Specifications
and Ordering Advertisement for Bids for the 2008 Street Improvement, Project No. 2008-1, and
move its adoption. (Motion carried under the Consent Agenda)
Lehmanl.Toos offered Resolution No. 6736, A Resolution Approving Plans and Specifications
and Ordering Advertisement for Bids for the 2008 Bituminous Overlay, Project No. 2008-2, and
move its adoption. (Motion carried under the Consent Agenda)
Lehman/Joos offered Resolution No. 6737, A Resolwion Apprcwing ?lans and Specifications
and Orderin~ Advenisement for Bids for Beckri:::h hck Estat;:s anc l~ris~al Estates Acic1nion
Sanitary Sewer and Water Improvements, Proje:::t 1\0. 2007-1U, and moved its adoption,
(Motion carried under the Consent Agenda)
Official Proceedings of the
Shakopee City Council
March 5,2008
Page -3-
Lehman/Joos moved to authorize the appropriate City officials to execute the Scott County
Standard Road Maintenance Agreement for mowing of Scott County Highway Rights-of-Way
within the City of Shakopee, except for those highways which are covered in the separate
agreement. (Motion carried under the Consent Agenda)
LehmanlJoos authorized:
1. the maintenance software Agreement in the amount of $13,130.00 to be paid out of the
various funds, as indicated in the memo from the Public Works Director dated March 5,
2008; and
2. the purchase of Customization Work by Carte-Graph Systems for the street maintenance,
sanitary sewer and storm drainage systems to be used for timesheets in the amount not to
exceed $7,995.00, and
3. the appropriate city officials to execute the consultant extension agreement from WSB &
Associates, Inc. for GIS Services in 2008 in an amount not to exceed $11,900.00.
(Motion carried under the Consent Agenda)
LehmanlJoos moved to declare surplus property and authorize staff to appropriately dispose of
the bicycles listed in the February 20,2008, memo from Sergeant Forberg. (Motion carried
under the Consent Agenda)
Lehman/Joos moved to declare the 1993 Toyota Corolla, VIN: 2TlAE04E5PC024824, the 1996
Ford Explorer, VIN: 1FMDU35P1TUD47424, and the 2001 Ford F-150, VIN:
2FTRX18L 7 ACA 78583 as surplus property. (Motion carried under the Consent Agenda)
Lehman/Joos offered Resolution No. 6738, a Resolution of the City of Shako pee, Minnesota,
accepting a Donation of $5,000 from the Shakopee Lions Club, and moved its adoption. (Motion
carried under the Consent Agenda)
Lehmanl.Toos moved to grant Andrew Brinkhaus, Kevin Frederick, and Joseph Simon regular
status as paid-on-call firefighters. (Motion carried under the Consent Agenda)
Lehman/Joos moved to accept, with regret, the resignation of Clay Johnson from his position as
a Sergeant with the Shakopee Police Department, effective March 16,2008. (Motion carried
under the Consent Agenda)
LehmanlJoos moved to approve the bills in the amount of$557,409.53. (Motion carried under
the Consent Agenda)
LehmanlJoos moved to approve the minutes from February 4,2008, February 11, 2008 and
February 12, 2008. (Motion carried under the Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience that wished w speak on a matter that
was not on the agenda. No one responded.
Captain Craig Robson presented Council with the Application for Taxicab Driver's License.
Official Proceedings of the
Shakopee City Council
March 5, 2008
Page -4-
Captain Robson said that Mr. Brian Compton has made an application for a taxicab driver's
license. Captain Robson said the license is approved or denied by the Issuing Authority and may
be appealed to the City Council.
Captain Robson said that Sergeant Bob Forberg of the Shakopee Police Department conducted a
background investigation of Mr. Compton. Based upon the review ofMr. Compton's application
and based upon the report from Sgt. Forberg, staff denied the application for Mr. Compton based
on an omission from Mr. Compton's application of a criminal conviction.
Brian Compton, 16466 Inguadona Beach Circle, Prior Lake, address City Council saying that he
was unaware of a conviction of a crime during the divorce proceedings between he and his ex-
wife over 21 years ago. Mr. Compton stated that the BCA's public criminal history database
does not reflect the charge. However, the police department's access to criminal histories is
much more in depth and shows a conviction. Again, Mr. Compton stated that he was unaware
that he was charged with anything relating to the matter of his divorce that occurred 2l years
ago.
Joos moved to deny a license to Mr. Compton. Mayor Schmitt asked for a second. No on
responded. Motion died for lack of a second.
Clay/Lehman moved to approve the application and grant a taxicab driver's license to Brian
Compton with a provision that there are no complaints from Mr. Compton or his employer about
the expense of the licensing fees. Discussion followed.
Cncl. Joos stated that he will not vote for the motion because the City Code is very specific that
any omissions from an application are grounds for denial.
Cncl. Clay stated that the code states if a person intentionally makes a false statement. Mr. Clay
doesn't feel that Mr. Compton intentionally omitted the conviction and also got the impression
from Capt. Robson that ifMr. Compton had provided the conviction on the application, it would
not have prevented him from getting the taxicab license.
Mayor Schmitt asked for a vote on a motion. Motion 3-2 with Cncl. Joos and Mayor Schmitt
opposed.
Lehman/Schmitt moved to direct staff to make changes to the code that reflects what the process
is if somebody makes false statements or an omission, a timeline of when they can re-submit,
period of time that we are going back for criminal histories, and if somebody is denied what their
recourse after that is. Discussion followed.
Cncl. J oos does not agree that there should be a cut -off for going back for criminal histories.
There may be some egregious crimes in peopl e' s pasts that the city would want to know about.
encl. Heitzman stated that the ordinance should he modified to state th;:r, 2: ~,:.:,~i::.- ::-iminal history
may not sho\l\' all past convictions so the applicant is aware of this.
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Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Official Proceedings of the
Shakopee City Council
March 5, 2008
Page -5-
Mayor Schmitt asked for Council liaison reports. Cncl. Lehman stated he attended the Chamber
Meeting. Discussion focused on the upcoming bridge construction and the two detours. The
Chamber is also working on getting Council the percentage of businesses in the City of
Shakopee that are Chamber members. Cncl. Lehman also attended the Police Master Planning
Task Force meeting. Cncl. Lehman, Cncl. Joos and Mr. Leek attended a meeting with the
Bonnevista Mobile Home Park residents regarding the 41 river crossing. Cncl. Joos attended the
public utility meeting. Discussed was the training seminar that they put on for the Shakopee,
Prior Lake, and Mdewakanton Sioux firefighters regarding power lines that come down and
transformers. Cncl. Heitzman said he attended the school board meeting and asked if the City
could coordinate with the school to send out city-wide information for new citizens. The school
board was in favor of it. Cncl. Clay attended the Transit meeting. Discussion was about light
rail transit and routes to the west and southwest metro areas.
Mr. McNeill presented Council with the request for Park Naming.
Mr. McNeill stated that at the last Council meeting the council acted to table the
recommendation from the Park and Recreation Advisory Board (PRAB) concerning the naming
of the Providence/Westchester Park.
Mr. McNeill stated that the PRAB reconsidered the park naming and will look at the park
naming policy at a future meeting. However, the PRAB is asking that the City Council act on
this particular recommendation as the application has been received under the current guidelines
and the PRAB feels that the proposal meets those guidelines.
Mr. McNeill stated his concern is that the policy needs to be something in which the City
Council is certain that it is comfortable with - the naming of a park is permanent, and so should
be reserved for names that are of community-wide significance.
Joos/Lehman moved to reject the PRAB's recommendation for the naming of Providence-
Westchester neighborhood park, and directed that the Park and Recreation Advisory Board re-
examine the naming criteria. Discussion followed.
Mr. Greg Stoks, the applicant, stated he does not agree with City Council's recommendation.
Mr. Stoks said he is disappointed that the City Administrator and the City Council are choosing
to deny the application even after the PRAB approved it twice.
Brad Tabke of the PRAB addressed Council and stated there is a policy criterion they follow for
naming parks and said that Mr. Dick Stoks met the criteria in the existing park policy.
Cncl. Lehman stated that there is an inconsistency in the PRAB's decision to name parks after
people who have contributed to the community. Mr. Lehman feels that the PRAB needs clear
direction on consistency of park naming.
Mayor Sclunitt asked for a vote on the motion. Motion carried 4-1 with -=:ncl. Clay opposed.
Joos/Lelmlan moved to take a short recess. MotioI' carried 5-0.
Official Proceedings of the
Shakopee City Council
March 5, 2008
Page -6-
Mayor Schmitt re-convened the meeting at 8:35 p.rn..
Jamie Polley, Parks, Recreation and Natural resources Director, and Travis Karlen, Recreation
Supervisor, presented Council with the 2008 Aquatic Park Rates and Fee Schedules Revision and
the Consideration of Bids for SandVenture Slide Replacement and Shade Structure Addition,
Project No. PR2008-1.
Mr. Karlen said that with the potential for a new slide, the fee structure has been reviewed. The
Shakopee SandVenture Aquatic Park has a daily rate for admission and a resident and non-
resident rate for membership and punch cards. Staff feels that the rate structure could be more
simplistic and be more in line with the outcome of the slide replacement bids.
Mr. Karlen displayed the proposed rate changes but mentioned that the proposed rate changes
would not be implemented before the summer booklet is published. The proposal Mr. Karlen
displayed included fees for the addition of the new slide and the other proposal displayed
included fees without the slide replacement and the removal of the current slide.
Mr. Karlen stated that in the past those having a Shakopee Community Center membership
received half off their membership at SandVenture. Staff feels the discount is too generous for
those having a membership to the community center due to the fact that the community center
and aquatic park are two separate entities. PRAB has recommended reducing this to a 25%
discount for community center members.
Mr. Karlen also presented Council with numbers and research that support the belief that the city
subsidy to the aquatic park operation will be decreased with added revenue from the slide and
marketing of the park. Mr. Karlen presented Council with the findings from other facilities.
Mr. Karlen then presented Council with the Consideration of Bids for SandVenture Slide
Replacement and Shade Structure Addition, Project No. PR2008-1.
Mr. Karlen stated that two contractors submitted bids on the slide replacement and shade
structure addition. Mr. Karlen provided Council with a table showing the bid tabulations. Mr.
Karlen said the contractor's bids in Attachment A show the breakout of six shade structures.
Badger Pools, Inc. has submitted a bid of $8,300 per shade structure and Pool Construction Inc.
has included the shade structures within the base bid. Mr. Karlen stated that due to the high bids
for the shade structures, a reduction of shade structures has been proposed from six to four to
stay within the $34,000 left from last years project.
Mr. Karlen said the low bidder is with Badger Pools as the general contractor and Splashtacular
as the slide manufacturer. Badger Pools bid out the slide replacement project at $385,800.
.Toos/Clay moved to award the contract by offering Resolution No. 6739. A Resolution :\wurding
a Contract to Badger Pools using Splasbtacular for tilt' Shakapee Aquatic ParL wale"::: ide' :md
shade structure addition, Projecl1'\o. PR200S-01. _~_!sc. remove landscapi;lg an(: o:-,~:~..:
construction from lhis contract and asked the Public Works Department to assist \;'il.i- t1-1(:
demolition of the ~xisting slide. Discussion followed.
Official Proceedings of the
Shakopee City Council
March 5, 2008
Page -7-
Cncl. Lehman asked if the bridge is removed from the bid does that include the footings for the
bridge. Cncl. Joos stated the bid includes the footings.
Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman opposed.
Lehman/Heitzman moved to revise the Aquatic Park fee schedule, based on the replacement of
the slide, to reflect the rates proposed for 2008, Proposal 1 , with a community center
membership discount of 25%. Motion carried 5-0. (CC Document No. 451)
Mr. McNeill presented to Council the 2008-2009 City Goals and Objectives. Mr. McNeill stated
that after the Goals were established at the workshop on February 1l th, staffreprioritized them
according to what Council requested. Council requested that given the concerning projections
for the FY09 budget, the goal of "Ensuring the City's Financial Health" was moved to Goal 1.
Additionally, issues relating to "Fostering Community Connections", and "Dealing with the
Tribal Related Land Issues" were moved down in the order of priorities. Mr. McNeill also
noted two corrections to the 2008-2009 Goals as printed.
LehmanlJoos moved to adopt the Goals and Objectives for 2008-2009, with the two changes.
Motion carried 5-0. (Changes: Goal No.1, Ensure the City's Financial Health, add Action Step
#5-Irnplementation of recommendations from the Park Fee Study; and Goal No.2, Determine
and Provide High Quality Cost Effective Services, correct Action Step #1 to read "The police
department's 2008 budget provides for an additional 2 sworn officers.. .") Motion carried 5-0.
Cncl. Lehman asked if anything has been done regarding the speed during schools hours on
Dakota Street between 1 Oth Avenue and Shakopee Avenue. Mr. Loney stated that it is possible
to put a school speed zone on Dakota Street and that he will check out to see ifit's been done or
not.
Joos/Heitzman moved to adjourn to Tuesday, March 11,2008 at 6:30 p.m. Motion carried 5-0.
The meeting was adjourned at 9:32 p.m.
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Judith S. Cox
City Clerk
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Kim Weckman
Recording Secretary
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
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ADJ. REGULAR SESSION
SHAKOPEE, MINNESOTA
MARCH 11, 2008
Mayor Schmitt called the meeting to order at 6:30 p.m. with Council members Steve Clay, Pat
Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City
Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director;
Bruce Loney, Public Works Director/City Engineer; Mike Hullander, Public Works Supervisor;
and Jeff Weyandt, Assistant City Engineer.
Also present were Cindy Vincent, St. Francis Hospital; Mike Baumgartner, St. Francis; Art
Quinn, Betaseed; Mike Kotila, SEH Engineering; Greg Ilkka, Scott County Highway
Department; Scott McBride, SEH Engineering; Joe Gustafson, Scott County Highway
Department.
Bruce Loney, Public Works Director/City Engineer, outlined the night's agenda to the
participants.
Scott McBride of SEH Engineering did a presentation on the CH 17/TH 13 Corridor Study. Mr.
McBride discussed the purpose of the study, the study area, the study participants and the public
involvement in the study. The corridor study area is on CSAH 17, from C.R. 101 to T.H. 19 near
New Prague.
Mr. McBride then discussed the traffic demands and the growth of traffic in the corridor study
area. Mr. McBride talked about the finding of facts that the CH 17/TH 13 corridor is a key
north/south corridor for the County and is a future principal arterial. He then presented aerial
photos of the key corridor intersections of the corridor in the City of Shakopee.
Mr. McBride discussed that the next steps of the study which include various meetings with
townships and cities, refining the layout and study results with a goal of the final study being
ready by July 2008.
Mr. Loney presented Council with a map which includes potential roundabout locations in the
City of Shakopee. Mr. Loney said that a traffic study would need to be done to justify a
roundabout at any intersection.
Mr. Loney then discussed the future design of Eagle Creek Boulevard, from CSAH 17 to CSAH
83. Mr. Loney said the current road is a 4-1ane individual urban roadway with a traffic volume
of 6,700 ADT and a projected volume of 9,400 ADT for 2030. Mr. Loney identified pros and
cons of a preliminary design of a 3-1ane urban roadway with a roundabout at Eagle Creek
Boulevard and Vierling Drive. Mr. Loney said that a speed study would be recommended for
this segment of roadway to see if any changes are warranted in the posted speed limit.
All Council members agreed to seal coat Eagle Creek Boulevard this year and monitor the traffic
flow and look at other options in the future.
Mr. Loney provided Council with a map of potential speed studies for the City. Mr. Loney
stated that the only way the City can lower the speed Eagle Creek Boulevard is to request
Official Proceedings of the
Shakopee City Council
February 11,2008
Page -2-
another speed study from MnIDOT. Mr. Loney said that he will bring back this issue at a future
Council meeting for a decision on a speed study for Eagle Creek Boulevard.
Lehman/Clay moved for a recess. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:30 p.m.
John Mackiewicz ofWSB presented Council with an update on the status of GIS. Mr.
Mackiewicz gave Council examples of Public Works operations using GPS/GIS. He also
highlighted the major projects for 2008 using GPS/GIS.
Jeff Weyandt, Assistant City Engineer, presented Council with the Pavement Management
program. Mr. Weyandt highlighted the 5-year seal coat needs and current bid prices. Mr.
Weyandt said that additional funding is needed for Pavement Preservation and the need for State
Aid Funds to be transferred to the General Fund for these improvements. Council agreed to
move State Aid Funds to the General Fund for the pavement preservation. Mr. Weyandt also
discussed the State Aid Funding summary to the year 2013.
Mike Hullander, Public Works Supervisor, presented Council with an update on the 2007 Fleet
Maintenance Program. Mr. Hullander discussed the data and details entered from the shop
mechanic's repair orders for each vehicle repaired in the shop. Overall, Mr. Hullander said the
shop is making great strides with the new fleet management software.
Mr. HuUander also discussed an update on the additional street sweeper purchase. Mr. Hullander
said that studies have been done to analyze the different types of sweepers, their advantages, and
the amount of sweeping cities should consider. Mr. Hullander said that cities should do more
sweeping as a storm water quality measure.
Mr. Hullander also discussed the idea of adding the Shakopee logo to the new street signs for the
collector streets. Council asked Mr. Hullander to create a few sample signs and present them to
Council at a future date for a decision.
Mr. Loney then discussed the status ofC.R. 77 trail. Staff has two designs that MnlDOT would
accept depending on the posted speed limit. Mr. Loney discussed the preferred design and the
possible cost contribution the City will need to contribute. The goal is to have the project
completed in 2008.
Joos/Heitzman moved to adjourn to Tuesday March 18, 2008 at 8:15 p.m. Motion carried 5-0.
The meeting was adjourned at 10: 11 p.m.
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~T udith S. Cox
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City Clerk
Kim Weckman
Recording Secretary