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HomeMy WebLinkAbout5.F.2. Approval of Minutes: April 22, April 29, and May 05, 2008 F OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 22, 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; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Jamie Polley, Park, Recreation and Natural Resources Director; and Andrea Weber, Park and Landscape Designer; The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked to add S.A.1, Surplus Property, to the agenda. Joos/Clay moved to approve the agenda as amended. Motion carried 5-0. Jamie Polley, Park & Recreation Director, presented Council with the Acceptance of Donation from Shakopee, Jacyees, Resolution No. 6762. Ms. Polley stated that the Shakopee Jaycees would like to update the refrigeration units at the Tahpah Park Softball Complex with a donation to the City in the amount of $3874.00. Joos/Lehman offered Resolution No. 6762, a Resolution of the City of Shakopee, Minnesota, Accepting a Donation of Freezer and Refrigerator from the Shakopee Jaycees, and moved its adoption. Motion carried 5-0. Mayor Schmitt thanked the Shakopee Jaycees for their generous contributions for continuous improvements to Tahpah Park. Jen Kyle and Mandy Evans of the Shakopee Jaycees presented Mayor Schmitt with a check. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Cncl. Lehman asked to add S.A.1, Surplus Property, to the consent agenda and removed S.C.l, Denial of Application from Snap Fitness, (WAM Fitness) for a Sign Variance and Direction on Preparation of a Text Amendment to the Sign Ordinance -Res. 6768. Joos/Heitzman moved to approve the Consent Agenda as modified. Mr. McNeill read the Consent Agenda. Motion carried 5-0. Joos/Heitzman moved to declare items as surplus property, as outlined in the Apri122, 2008 memo from Sgt. Bob Forberg. (Motion carried under the Consent Agenda) (CC Document No. 453) Joos/Heitzman moved to authorize the appropriate city officials to execute the following_ agreements: . - - 1. Shakopee Coyotes Baseball Team to operate Joe Schleper Baseball Stadium concession stand for all~home Coyote games, ~ - - r Official Proceedings of the Apri122, 2008 Shakopee City Council Page -2- 2. Shakopee Indians Baseball Team to operate Joe Schleper Baseball Stadium concession stand for all home Indian and Shakopee high School games, 3. Shakopee Jaycees to operate Tahpah Softball Complex concession stand, and 4. Shakopee Soccer Associate to operate the 17th Avenue Sports Complex concession stand. (Motion carried under the Consent Agenda) Joos/Heitzman moved to accept the proposal of the Louisville Township Board of Supervisors for the Township to pay the full $21.00 non-residential recreation program fee for all of its residents. (Motion carried under the Consent Agenda) Joos/Heitzman moved to extend- the approval period of the final plat of Lloyd's Properties to May 16, 2009. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6763, A Resolution Accepting Bids for the 2008 Street Improvements, Project No. 2008-1, and moved its adoption and approved a 5% contingency amount on the project for use by the City Engineer in authorizing change orders or quantity adjustments on the project. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6764, A Resolution Accepting Bids for the 2008. Bituminous Overlay, Project No. 2008-2, and moved its adoption and approved a 5% contingency amount on the project for use by the City Engineer in authorizing change orders or quantity adjustments on the project. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6765, a Resolution Revoking Municipal State Aid Streets, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize staff to purchase a Box, 800 series Hook System and Sander using State Bid Pricing for $39,649.95 from J-Kraft Equipment with the cost to be expended from the Equipment fund and also declare the V-Box and 700 series Hook System as surplus equipment and authorize staff to sell on consignment with J-Kraft with the proceeds from the sale to reimburse the Equipment Fund. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize staff to contract with Duke's Sewer Root Control Specialists for the price of $1.59 per lineal foot for sanitary sewer root control, with payment to be expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the appropriate officials to sign the "Recycling Program. Agreement" with Scott County for the April 26, 2008, City Waste Clean-Up Day. (Motion carried under the Consent Agenda) Joos/Heitzman moved to direct staff to install permanent "no parking" signs on 10th Avenue from 120 ft east of the Russian Baptist Church driveway entrance curb line to 70 feet west of the driveway entrance curb line. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the request to staff a records technician position. (Motion carried under the Consent Ager.~al Official Proceedings of the Apri122, 2008 Shakopee City Council Page -3- Joos/Heitzman moved to grant Jennifer Worm regular status as a Community Service Officer. (Motion carried under the Consent Agenda) Joos/Heitzman offered a motion to grant Derek Dennis and John Sullivan regular status as paid- on-call firefighters. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6766, a Resolution Amending Resolution No. 6604, a Resolution Adopting a Personal Handbook for Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the bills in the amount of $382,636.32. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the minutes of March 18, 2008. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6767, A Resolution Appointing Mark Hill to the Park and Recreation Advisory Board. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize execution of the amended Joint Powers Agreement for the SCALE Public Safety Training Facility. (Motion carried under the Consent Agenda) Joos/Heitzman moved to establish a special meeting on Tuesday, Apri129, 2008 at 6:30 p.m. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the application and grant a Tattoo License to Michael Wilson, Body Art, 205 South Lewis Street, conditioned upon meeting all licensing requirements. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience that wished to speak on a matter that was not on the agenda. No one responded. Michael Leek, Community Development Director, presented Council with the Appeal of the Board of Adjustment and Appeals Determination regarding a wall signage variance at 205 First Avenue East for WAM Fitness. Mr. Leek stated that the April 8, 2008 City Council meeting, Council directed staff to prepare a resolution of denial of the variance request. In addition, Mr. Leek stated that Council is also being asked to provide direction to staff to prepare a text amendment to address the allowed signage for business complexes in the B-3 zone. Mark Allison of WAM Fitness, Plymouth, MN, addressed the Council stating that as a business owner he is trying to work with the City to have proper signage on the back of the building which faces T.H.101 which is most visible to the public. Mr. Allison stated that his original signage request was 54 square feet but has compromised and is agreeable to a 32 square foot . _ _ sign. - _ Official Proceedings of the Apri122, 2008 Shakopee City Council Page -4- Cncl. Lehman stated he had questions for Steve Dombrovsky of Suntide88 Commercial Realty who is the leasing agent of the River City Centre property.. Cncl. Lehman stated to Mr. Dombrovsky that if the Council agreed to a variance of a 32 square foot sign it may cause problems for Mr. Dombrovsky with his other tenants in the building. Cncl. Lehman asked Mr. Dombrovsky how other businesses have gotten away with having signs larger than they were supposed to have on the building. Mr. Dombrovsky stated that in the lease package his company has sign criteria that dictates signage on the buildings. Mr. Dombrovsky said that on the backside of the building their sign criteria allows for illuminated signs. He stated that he also feels the City is somewhat responsible for the mis-signage on the buildings. Mr. Dombrovsky said that his company has been operating under the premise that they have been operating under the City's sign ordinance. Mr. Dombrovsky also displayed a picture of a sample sign that was created at 27.29 square feet in size for the building based on the information that was given to them by Kyle Sobota, Planner 1 for the City of Shakopee. Jim Thomson, City Attorney, explained the options the Council had regarding this matter. Mr. Thomson said the Council could grant the variance, deny the variance or table it and have a study done. Joos/Clay offered Resolution No. 6768, A Resolution of the City of Shakopee Upholding the Board of Adjustment and Appeals Decision Regarding a Variance fora 31.8 Square Foot Wall Sign at 205 First Avenue East, and moved its adoption. Discussion followed. Cncl. Joos stated that he is in favor of the motion denying the variance request and stated that most of the downtown businesses have complied with the city sign to preserve and to protect the downtown area. Cncl. Clay stated he is also in favor of the denial because the sign ordinance has been in place for many years with everyone to plan for. Cncl. Lehman said he was in favor of the variance to provide the opportunity for new business to operate in the downtown area. Cncl. Heitzman said he is in favor of the proposed 28 square foot sign that was shown to Council Mayor Schmitt stated he was confused by the 28 square foot sign because he thought the appeal from WAM Fitness was fora 32 square foot sign. Mr. Allison stated that the 28 square foot sign design came in late on Monday and was told that it would meet code. Mr. Dombrovsky also stated that they were informed that there was more square footage available after the City did some measurements. He thought that if the 28 square foot sign fell ` 'within the allowable square footage a variance would not be needed. Official Proceedings of the Apri122, 2008 Shakopee City Council Page -5- Mayor Schmitt asked for a vote on the motion. Motion defeated 2-3 with Cncl. Lehman, Cncl. Heitzman, and Mayor Schmitt opposed. Lehman/Heitzman moved to direct staff to prepare a resolution approving a 28 square foot sign on the highway side of the building at 205 First Avenue East for WAM Fitness; and, to direct staff to look at the sign requirements in the B-3 zone in the down town area. Discussion followed. Mr. Thomson stated that since the planning commission meeting staff has determined that the largest sign that can go on the building is 21 square feet. If the Council is approving a 28 square foot sign then the applicant would need a 7 square foot variance. Mr. Thomson also wanted to make it clear to the applicant that the current motion on the floor is to direct staff to come back with a resolution approving a 28 square foot sign with a 7 foot variance. That decision isn't final until it is voted on at the next meeting. Lehman/Clay called the question. Motion carried 5-0. Mayor Schmitt asked for a vote on the motion. Motion carried 3-2 with Cncl. Joos and Cncl. Clay opposed. Cncl. Joos wanted to clarify that he is opposed to approval of the new sign but is in favor of re- evaluating the B-3 signage. Mayor Schmitt asked for Council Liaison reports. Cncl. Clay and Heitzman had nothing to report. Cncl. Joos attended the Utility Commission meeting and there was some discussion regarding the school district's purchase of land from D.R. Horton. Cncl. Lehman said he attended the Chamber meeting and the Police Master Planning Task Force Meeting. Andrea Weber, Park and Recreation Landscape Designer presented Council with the Adopt-A- Park Program. Ms. Weber stated that the Paxk and Recreation Advisory Board (PRAB) unanimously recommended moving forward with the Adopt-A Paxk-Program. It would be directed at groups of individuals looking for a regulax service activity. The intent of the program is for groups to help with seasonal clean-ups and other enhancements. to the parks. Ms. Weber summarized the activities and requirements of the program. She also stated there would be Adopt-A-Planting Area which would be a program appropriate for small groups, families or individuals who could take on an existing planting area and/or donate materials and labor to a new planting bed. Lehman/Clay offered Resolution No. 6756, A Resolution of the City of Shakopee, Minnesota, Adopting a Program Called "Adopt a Park", and moved its adoption. Motion carried 5-0. MichaelLeek, Community Development Director, presented Council with the Amendment to City Code Section 4.03, Building Permits. Official Proceedings of the Apri122, 2008 Shakopee City Council Page -6- Mr. Leek stated that the Historic Preservation Advisory Commission (HPAC) has provided Council with a proposed text amendment to Section 4.03, Building Permits, regarding the Demolition Permit Review Process. The text amendment would add language that addresses implementing review of demolition permits by the HPAC for certain structures and/or sites in Shakopee that are historically significant. Mr. Don Wagner a HPAC member summarized for Council what the demolition process would be with the text amendment changes. He also stated that the permit would give the HPAC a chance to let the people applying for a permit know what they do have and see if there is an alternative they can offer instead of demolition. Mr. Leek asked Council to table the proposed text amendment to City Code Section 4.03, Building Permits, to further discuss items with the City Attorney regarding a demolition permit review process for certain structures that are historically significant, to further discuss items with the City Attorney. Clay/Lehman moved to table the proposed text amendment to City Code Section 4.03, regarding a demolition permit review process for certain structures that are historically significant; and, to direct staff to look at a mechanism by which staff could provide notice to subsequent property owners and also consult with the City Attorney about the implications of making that a matter of record. Motion carried 5-0. Jamie Polley, Parks and Recreation Director, presented council with a Change Order No. 2 for SandVenture Aquatic Park Slide Replacement and Sand Structure Addition, Project No. PR2008-1. Ms. Polley stated that the City was recently notified that it had prevailed in a suit against the contractor and its bonding company on a bid question on the Aquatic Park building. The net result of that means an additional $37,543 to the City. Ms. Polley is asking that the money awarded be used to provide the two additional shade structures for the aquatic park. When received, payment will be placed back in the project -fund. Joos/Clay moved to approve Change Order No. 2 for the contract with Badger Pools, providing for two additional shade structures to the Aquatic Park Slide Replacement and Shade Structure Addition Project No. PR2008-1, with funding for the shade structures to come from the remaining Aquatic Park Building fund balance. Motion carried 4-1 which Cncl. Lehman opposing. Mr. Leek presented Council with the Fee Schedule Recommendations. Mr. Leek stated that there are three fee schedule recommendations packaged into the one motion. 1VIr. Leek stated the adopted 2008 fee schedule allows for the City to collect apre-application review fee of $350. The fee schedule also allows for the collection of apre-application escrow in the amount of $1,600 for major subdivisions. The amendment would allo~.ythe feP and escrow for Conditional Use Permits and Planned Unit Development proposals, as well. ~ ~ Official Proceedings of the April 22, 2008 Shakopee City Council Page -7- Mr. Leek stated that the amendment would allow for the collection of administrative costs for all City staff, in addition to the Planning Department; and, it would address how escrow funds and invoicing would be handled. Mr. Leek also stated the Historic Preservation Advisory Commission has proposed an amendment to the adopted 2008 fee schedule, to allow for the City to collect a fee of $200, or 2.54% of the contract price, whichever is greater, if a person were to begin demolition of a structure without the proper demolition permit approved by the City. Ms. Polley stated that staff is recommending a fee for a review of the Tree Management Plan and inspection and approval of the tree protection fencing is required prior to issuance of the grading or building permit. Clay/Heitzman offered Ordinance No. 795, Fourth Series, An Ordinance Amending the City's Adopted 2008 Fee Schedule to Implement Changes in the Development Fees and Demolition Permit Fees, and Implement Natural Resources Fees, and moved its adoption. Motion carried 5- 0. Mayor Schmitt asked for council concerns. Cncl. Lehman asked to have 20mph speed signs posted on Dakota Street between 10~' Avenue and Shakopee Avenue. Lehman/Heitzman moved to approve school zone speed signs to be posted on Dakota Street between 10th Avenue and Shakopee Avenue. Motion carried 5-0. Cncl. Lehman stated he has concerns about the probable deficit problem and budget concerns for next year. He is wondering when Council will be addressing these issues. Mr. McNeill stated that at the next meeting there will be an item on the agenda concerning budgetary policies. Cncl. Lehman also said he has received emails from people regarding the train noise through town and shared the email with Mr. McNeill. Joos/Heitzman moved to adjourn to Tuesday, Apri129, 2008 at 6:30 p.m. Motion carried 5-0. The meeting was adjourned at 9:24 p.m. u~ ~ . dith S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ~ , , ~ ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 29, 2007 Mayor Schmitt called the meeting to order at 6:30 p.m. with Council members Matt Lehman, Pat Heitzman, Steve Clay and Terry Joos present. Also present Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Dan Hughes, Police Chief; Captain Jeff Tate; Bruce Loney; Public Works Director/City Engineer; Gregg Voxland, Finance Director; and Jamie Polley, Parks, Recreation, and Natural Resources Director. Michael Leek, Community Development Director, presented Council with the Appeal of the Board of Adjustment and Appeals Determination by WAM Fitness. Mr. Leek stated that Mark Allison, representing WAM Fitness has withdrawn their appeal of the decision of the Board of Adjustment and Appeals for a sign size variance. No further action was needed by the Council. Joos/Clay moved to recess for a closed session for Preliminary Consideration of Allegations against an Employee. ,Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:.35 p.m. Mayor Schmitt stated that no action was taken during the closed session. Mayor Schmitt stated that while in the closed session the Council received a resignation of Ed Schwaesdall from the Shakopee Fire Department. Joos/Lehman moved to accept Ed Schwaesdall's resignation from the Shakopee Fire Department. Motion carried 4-1 with Cncl. Heitzman opposing. Mayor Schmitt explained to those in the audience that once the motion was voted on there would be no comments made by the City Council members due to data privacy laws based on the advice of the city attorney. Mayor Schmitt announced that a workshop meeting with the fire department would be set for a future date to discuss fire department issues. Mark McNeill, City Administrator, presented Council the City's program matrix and the tasks the city departments do on a day to day basis. Each department was asked to rank items according to the city's five goals. Mr. McNeill stated that there is no recommendation at this time; this is the first attempt to identify those items that are high or low priority. Cncl. Lehman asked that the Police Department be given some extra time to set their goals as they are currently working on them through the Police Master Planning Task Force. Cncl. Joos stated he would like to see the departments rank issues in order of importance. Gregg Voxland, Finance Director, presented Council with the General Fund 2009 Budget Information. ` Mr: Voxland showed a possible scenario for the General Fund 2009 Budget. Mr. Voxland said - that based on preliminary figures and assumptions, the 2009 budget gap could be $700,000. Mr. ; _ Official Proceedings of the April 29, 2008 Shakopee City Council Page. -2- Voxland also gave Council budget recommendations to consider for the upcoming budget meetings. Mr. Voxland presented Council with the Financial Management Policies. Mr. Voxland reviewed with Council the first draft of financial management policies. The purpose is to document what the City does for financial management and communicate it to future Councils, staff, investors, rating agencies and the public. Lehman/Heitzman moved fora 10 minute recess. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:50 p.m. Mr. Voxland continued with reviewing the proposed policies. Mr. Voxland presented Council with Other Post Employment Benefit (OPEB) Recognition. Mr. Voxland stated that a new accounting rule requires the city to record a liability on its financial records for future post employment benefits. Mr. Voxland said there is a concern on the implementation of this rule from finance professionals and its impact on credit ratings. Mr. Voxland said the Government Accounting Standards Board (GASB} Rule 45 requires the city to record a liability for current and future post employment benefits. State law requires the city to consider former employees as active employees when they retire and allow them to stay on the insurance plans at the same premiums as active employees until the age of 65. Older people have higher needs and medical costs and retirees benefit from being on the city policy. The government accounting rule says that this is a liability. Mr. Voxland provided Council with three different funding strategies to fund the liability. First is to put the $1,887,961.001iability into a separate account, second is to put part of that amount into a separate account and third is the current funding strategy of paying as you go. (The city needs to show the liability by the 2008 fiscal year and the amount needed to fund the liability is $240,553 per year. Of the $240,553, $126,319 is the normal annual cost and $114,553 is "catch up" cost for prior periods.) After much discussion, there was a consensus to use the current funding strategy of paying as you. Mr. McNeill asked Council members if they would like to meet with the Fire Department on Tuesday, May 06, 2008 at 7:00 p.m. and move the City Council meeting to Monday, May O5, 2008. All Council members were fine with scheduling the meetings as presented. Lehman/Joos moved to adjourn to Monday, May O5, 2008 at 7:00 p.m. Motion carried 5-0. The Council meeting ended at 9:45 p.m. on Apri129, 2008. u ~Tith S. Cox, City Clerk - ::Kim Vdeckma~C, ~cecordng Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA MAY 5, 2008 Mayor Schmitt called the meeting to order at 7:05 p.m. with Council members Steve Clay, Pat Heitzman, Terry Joos (7:06 p.m.) present. Matt Lehman was absent. 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; and Gregg Voxland, Finance Director. The Pledge of Allegiance was recited. Cncl. Joos arrived at the meeting at 7:06 p.m. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill asked to delete 12.B., Amendment to City Code Section 4.03, Building Permits (Concerning Demolition Permit Review Process, and to move 13.C.2, Grading Permit Application from Randy Noecker of Ridge Creek I -Res. No. 6769, to May 20, 2008, as requested by the applicant. Clay/Heitzman moved to approve the agenda as amended. Motion carried 4-0. Mayor Schmitt had nothing to report for the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Mr. McNeill stated there was support from Council to add 12.A., Preliminary and Final Plat for OPUS MVW 3rd Addition, located south of 4th Avenue and west of CR 83-Res. No. 6771 and 12.C.3, Declaring Adequacy of a Petition, Ordering an Improvement and the Preparation of Plans and Specifications for Opus NVW 3rd Addition, Project No. 2008-4, Resolution No. 6773. Joos/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill to read the Consent Agenda. Motion carried 4-0. Joos/Heitzman offered Resolution No. 6761, A Resolution Accepting the work of K.A. Witt Constnzction on Huber Park and Related Riverfront Redevelopment, Fillmore Street Extension, and Alley Improvement -Site work Package, Project PR 2005-3, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the revised Scott Transit Review Board agreement and the updates to the Scott County Unified Transit Management Plan. (Motion carried under the Consent Agenda) Joos/Heitzman approved Resolution No. 6774, a Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of a Drainage and Utility Easement on Lot 2, Block 1, Evergreen Heights, and moved its adoption. (Motion carried under the Consent Agenda) JooslHeitzman offered Resolution No. 6772, A Resolution Accepting Bids on the 2008 Cured- In-Place-Pipe, Project No. 2008-3, and moved its adoption; and, approve a 5% contingency Official Proceedings of the May 5, 2008 Shakopee City Council Page -2- amount on this prof ect for use by the City Engineer in authorizing change orders or quantity adjustments on this project. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the Joint Powers Agreement with Scott County Water Management Organization for approval of monitoring reports for the Swamp Lake Wetland Mitigation Site. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve accepting the quote from Applied Ecological Services, Inc. in the amount of $46,406.12 for maintenance on the Swamp Lake Mitigation site. (Motion carried under the Consent Agenda) JooslHeitzman moved to authorize the appropriate city staff to close 2°a Avenue W. between Atwood Street S. and Fuller St. S. and a portion of Fuller Street S. between 2"d Avenue W. on June 21St 2008 from 8:00 a.m. to 7:00 p.m. (Motion carried under the Consent Agenda) Joos/Heitzman moved to declare the 1992 Chevrolet Lumina, VIN: 2G1 WN54T9N1121191, and the 2001 Ford F-150, VIN: 1FTRW08L91KD70812 as surplus property. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the purchase of a replacement civil defense siren in the amount of $20,592.84 from Frontline Plus Fire and Rescue. (Motion carried under the Consent Agenda) Joos/Heitzman moved to grant full-time regular status to both Kelly Rux and Chad Bovine in their positions as Maintenance Operators with the Public Works Department. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the provisional appointment of Jennifer Worm to the position of police records technician at Step F of Grade Leve13 in the 200$ City Pay Plan, at an hourly rate of $17.23, effective May 12, 2008. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the bills in the amount of $410,063.27. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the minutes of Apri18, 2008. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the application and grant a temporary on-sale 3.2 percent malt Liquor license to the Shakopee Lions Club, in the designated beer garden adjacent to the concession stand at Tahpah Park, on May 30, 2008 from 4:00 to 10:00 p.m. on May 31, 2008 from 9:00 a.m. to 10:00 p.m. and on June 1, 2008 from noon to 8:00 p.m., conditioned upon receipt of evidence of required insurance, (Motion carried under the Consent Agenda) Joos/Heitzman offered Ordinance No. 797, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Section 2.20, Precinct Boundaries, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the May 5, 2008 Shakopee City Council Page -3- Joos/Heitzman moved to declare 12 4-stall and 9 3-stall voting booths as surplus property and authorize appropriate disposal. (Motion carried under the Consent Agenda) Joos/Heitzman moved to have BKV Group provide for acoustic noise isolation study at the Shakopee Library building, at a cost of $5,000, plus reimbursable expenses. (Motion carried under the Consent Agenda) Joos/Heitzman moved to review the Task Prioritization at a future meeting date. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6771, a Resolution Approving the Preliminary and Final Plat of OPUS MVW 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda} Joos/Heitzman offered Resolution No. 6773, A Resolution Declaring the Adequacy of Petition, Ordering an Improvement and Preparation of Plans and Specifications for Improvements within the Plat of Opus MVW 3rd Addition, Project No. 2008-4, and moved its adoption; and authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. to provide engineering services. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience that wished to speak on a matter that was not on the agenda. No one responded. Mayor Schmitt asked for Council liaison reports. Cncl. Joos attended the Shakopee Public Utility Commission meeting. He said they discussed personnel issues as well as the infrastructure for the new elementary school on the D.R. Horton addition. Cncl. Clay and Heitzman had nothing to report. Bruce Loney, Public Works Director, presented Council with the Appeal of Staff's Determination on Encroachment in City Right-of--Way. Mr. Loney stated that staff received a verbal appeal from Randy Jones of 1548 Homestead Street in regard to an encroachment onto City property known as Homestead Court. Mr. Loney said that in July 2007, City staff received notice of a potential violation of City code in regard to structures and other items placed in the platted right-of--way in Homestead Court. Staff investigated the allegations and determined Mr. Jones was in violation. Since then Mr. Jones has complied with the City and removed all items from the right-of-way except for a fence, which the City gave him a date of May 15, 2008 to remove the fence. Mr. Jones is appealing staff's determination and would like to discuss the requirement of moving the fencing to his property. The fence is on one-half of the platted right-of--way. There is a sanitary sewer pipe 50' from the center line of the street ,but it is not encroached upon by the fence. Randy Jones, 1548 Homestead Street, presented Council with his appeal. Mr. Jones stated prior to building the fence four years ago he contacted the City to clarify the placement of the fence on the right-of--way easement on Homestead Court. At that dine he was told he could build the fence in the right-of--way as long as it was built as anon-permanent structure. He was also told Official Proceedings of the May 5, 2008 Shakopee City Council Page -4- by the City that he would be responsible for the movement of that fence if Homestead Court was ever developed. Mr. Jones said that before starting the construction of the fence he spoke to a person at City Hall who assisted him with specific fence construction. At that time Mr. Jones said that he discussed the vacation of the property. The City employee advised Mr. Jones that after 12 years of taking care of the property, if it was not built upon, he could obtain ownership as-the person living next to it as long as it was properly maintained. Mr. Jones said that he has received conflicting information from staff at City Hall. Mr. Jones would like Council to consider the appeal and allow him to keep the fence where it currently is until such time that Homestead Court is developed. Joos/Clay moved to uphold staff's determination and move that the fence located on Homestead Court right-of--way be relocated, as per City Code. Motion carried 4-0. Mr. Jones asked if he could have an extension to June 30, 2008 to relocate the fence. Council agreed to allow the extension to June 30, 2008. Mayor Schmitt asked if there were any Council concerns or other business. Cncl. Joos discussed the article written in the Star Tribune regarding the land acquisition issues. Joos/Heitzman moved to adjourn to Tuesday, May 6, 2008 at 7:00 p.m. Motion carried 4-0. The meeting was adjourned at 8:01 p.m. uA c!~ ith S. Cox City Clerk Kim Weckman Recording Secretary