HomeMy WebLinkAbout5.F.2. Approval of Minutes: May 20, 2008
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MAY 20, 2008
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Pat Heitzman,
Matt Lehman, and Terry Joos present. Steve Clay was absent. Also present were Kris Wilson,
Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R.
Michael Leek, Community Development Director; Bruce Loney, City Engineering/Public Works
Director; Gregg Voxland, Finance Director; Jamie Polley, Parks and Recreation Director;
Andrea Weber, Parks and Landscape Designer; Ryan Hughes, Natural Resources Coordinator;
and Jeff Tate, Police Captain.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. There was a request
to move item 13.E.l, Appointment of the Fire Chief to item 7.
Joos/Heitzman moved to approve the agenda. Motion carried 4-0.
In the Mayor's Report Mayor Schmitt said he visited the VFW installation.
Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Ms. Wilson
stated there were no additions or deletions.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mayor Schmitt asked
Ms. Wilson read the Consent Agenda. Motion carried 4-0.
LehmanlHeitzman moved to authorize the appropriate City officials to sign the agreements with
Union Pacific Railroad for crossing improvements on Valley Industrial Boulevard North and
South. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved approving suspension of City Code Sec. 10.60, Noise elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by
Redstone Construction Company, for the CR 101 bridge replacement proj ect, as per their letter
dated April 13, 2008 and direct staffto publish notice ofthe suspension terms with the
conditions as recommended by staff. (Motion carried under the Consent Agenda) (CC Document
No. 454)
LehmanlHeitzman moved to authorize the advertising for bids for a pumper/tanker. (Motion
carried under the Consent Agenda)
LehmanlHeitzman moved to authorize the appropriate city officials to enter into a Mutual Aid
Agreement with the Minnesota Department of Corrections - Shakopee Facility. (Motion carried
under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 6776, A Resolution Accepting the Construction of
Autumn Hill Neighborhood Park Improvements, Project PR 2006-6 in the Valley Creek Crossing
Addition, and Authorizing the Release of the Letter of Credit, and moved its adoption. (Motion
carried under the Consent Agenda)
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LehmanlHeitzman moved to authorize the Police Department to increase three Community
Service Officer (CSO) positions to full time positions effective May 26, 2008 and approve the
reduction of hours for Record Specialist Sharon Proskin from 30 hours per week to 15, effective
June 1. (Motion carried under the Consent Agenda)
LehmanlHeitzman offered Resolution No. 6778, A Resolution Amending the 2008 Pay Plan for
Part- Time, Temporary and Seasonal Employees of the City of Shakopee, and moved its
adoption. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved to approve the bills in the amount of$624,822.36. (Motion carried
under the Consent Agenda)
LehmanlHeitzman moved to approve the minutes of April 22, 2008, April 29, 2008, and May 5,
2008. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved to approve an amendment to the Club On Sale Liquor License and the
Sunday On Sale Liquor License of the VFW Post 4046 to allow alcohol within the fenced in
patio area on the northside of the building, conditioned upon approval ofthe Conditional Use
Permit by the Board of Adjustment and Appeals and that no alcohol possession or consumption
shall occur within the patio area after 11 :00 p.m. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved to approve the application and grant an on sale 3.2 percent malt liquor
license to Asian Ron, Inc., 1135 East 15t A venue. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved to authorize a City of Shakopee membership and revolving credit
arrangement for Sam's Club without an individual being personally responsible for the account.
(Motion carried under the Consent Agenda)
Mayor Schmitt asked ifthere was anyone in the audience who wished to be heard on a subject
that was not on the agenda. No one responded.
Kris Wilson, Assistant City Administrator, presented Council with the Appointment of Fire
Chief.
Ms. Wilson said that the 2008 budget includes funding for the City's first full-time Fire Chief.
The selection process was done with the help of Personnel Decisions, Inc. (PDI) as well as by
members of the Council, the Fire Department and City Administration. Ms. Wilson also said the
candidates have undergone extensive background checks conducted by the Police Department.
Ms. Wilson recommended Richard Coleman to be hired as the City's first full-time Fire Chief for
the City of Shakopee. Ms. Wilson said that Mr. Coleman is a lifelong resident of Shakopee and
has been a firefighter since 1987. MS..Wilson said that Mr. Coleman is currently working on an
Associate's Degree in Fire Sciences.
Joos/Lehman moved to approve the hiring of Richard Coleman for the position of Fire Chief, at
Step G of Grade 11 of the City's Full-Time Pay Plan, contingent upon successful completion of
the pre-employment physical/drug test and subject to a one-year probationary period; and,
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authorize the appropriate officials to enter into an employment agreement with Mr. Coleman.
Motion carried 4-0.
Mayor Schmitt asked for the Council liaison reports. Cncl. Lehman said he attended the Police
Master Planning Task Force meeting. Discussion was regarding the survey results and putting
together an action plan to achieve the goals and objectives as outlined by the surveys conducted.
Cncl. Joos said he attended the Shakopee Public Utility meeting. There has been agreement
made by the Bluffs of Marys town and the school district to proceed with the new elementary
school. The injection well by the Shakopee Mdewakanton Sioux Community is on hold. Also,
SPUC's audit should be in by the next meeting. Cncl. Heitzman attended the Downtown
Partnership meeting and the main topic discussed was the Classic Car Show. He also attended
the school board meeting and discussion was about the new elementary building and the Middle
School pool repairs.
LehmanlJoos moved to recess for the Economic Development Authority Meeting. Motion
carried 4-0.
Mayor Schmitt re-convened the meeting at 7:15 p.m.
Mr. Leek presented Council with the Amendment to City Code Section 4.03, Building Permits
(Concerning Demolition Permit Review Process.).
Mr. Leek stated that staff has worked with the City Attorney on incorporating language into the
ordinance consistent with the Council's direction regarding the demolition permit review
process.
Joos/Heitzman offered Ordinance No. 796, Fourth Series, an Ordinance of the City of Shako pee,
Minnesota, Amending City Code Section 4.03 Relating to Demolition of Locally Significant
Historic Properties, and moved its adoption. Motion carried 4-0.
Ryan Hughes, Natural Resources Coordinator, presented Council with the Natural Resources
Corridor Design Criteria.
Mr. Hughes said that the Environmental Advisory Committee has created a Natural Resources
Corridor Design Criteria that they have approved at their regular meeting as well as the approval
from the Planning Commission.
Mr. Hughes said that Shakopee has a need to preserve its green infrastructure when development
is considered to maintain public investment. The corridor criteria is intended to address
preservation, conservation and management of the City's green infrastructure. It only applies to
areas within the natural resource corridor.
Mayor Schmitt stated for the record that the design criteria have been reviewed with Jackson and
Louisville Townships.
Joos/Heitzman offered Ordinance No. 798, Fourth Series, An Ordinance of the City of Shako pee,
Minnesota, Amending City Code Section 12.24, Subdivision 2 Relating to Design Criteria, and
moved its adoption; and, offered Resolution No. 6777, a Resolution of the City of Shako pee
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Adopting the Natural Resources Corridor Design Criteria, and moved its adoption. Motion
carried 4-0.
Andrea Weber, Park and Recreation Landscape Design, presented Council with the Park
Monument Signage-Neighborhood Park Design.
Ms. Weber stated that the Park and Recreation Advisory Board (PRAB) have reviewed several
options regarding neighborhood park signage. The PRAB has agreed on a design that resembles
Huber Park signage with horizontal banding on flat wood capped top. It has horizontal text and
has a vertical form, standing on two raised stained concrete footings. The park name, address
and logo would be on fiberglass and the supporting structure could be of cedar.
Ms. Weber also discussed planting beds surrounding the signs but due to the cost, Council
agreed to hold off on the planting beds. Ms. Weber also discussed waiving the sign permit fees
which Council objected to.
Total sign cost is approximately $1,740.00 per sign. Ms. Weber said the current CIPhas
allocated a two year signage project starting this year ($35,000), and completing in 2009
($30,000).
Joos/Heitzman moved to approve the Neighborhood Park Monument Sign schematic design
option 5B and authorize the preparation of construction documents and specifications in
preparation for bidding. Motion carried 4-0.
Jamie Polley, Parks and Recreations Director, presented Council with the Shakopee Youth
Baseball Association Request for Irrigation Donation and improvements in Riverview Park.
Ms. Polley said that the Shakopee Youth Baseball Association (SYBA) met with City staff last
fall regarding the possibility of installing an irrigation system at Riverview Park. At that time
the City's Park Division also thought about doing some park enhancements that would be funded
through the small park improvement budget.
Ms. Polley outlined the scope of the project which includes removal of the existing storage shed,
construction of a new storage shed to also house the irrigation controls, water and electrical
hook-up to the shed, three cement pads for shed and shade structures, water fountain, and the
irrigation system.
Ms. Polley said the estimated cost for the irrigation and improvements is $27,000. The SY AB
would like to donate $13,500 for the project. The cost for the city would also be $13,500 which
would be taken from the Recreation Fund. The improvements were presented to the Park and
Recreation Advisory Board. They are supportive of the project and recommend the donation be
accepted and improvements be authorized.
Bill Krause, President of the Shakopee Youth Baseball Association, discussed how the
association is trying to improve the baseball fields in town with its donations to help curb costs
for the City.
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Joos/Lehman moved to accept the recommendation from the Parks and Recreation Advisory
Board to approve the installation of the irrigation systems and other improvements to Riverview
Park and to allocate necessary funding from the 2008 Park CIP; and, offered Resolution No.
6779, A Resolution Accepting a Donation of$13,500 from the Shakopee Youth Baseball
Association, for irrigation and improvements at Riverview Park, and moved its adoption.
Motion carried 4-0.
Ms. Polley presented Council with the request for approval of Construction of Bleacher Seating
at Schleper Stadium.
Ms. Polley said that Shakopee and Chaska will be co-hosting the Minnesota Amateur Baseball
State Tournament in August. Ms. Polley said that Kevin O'Brien, of Greystone Construction,
also serving as the facilities Chairperson for the tournament, brought forward a bleacher project
that would have a seating capacity of 80-100 people. The total proj ect cost would be
approximately $29,800 which would be paid for by the tournament committee. The City would
not be responsible for any financial payments.
Joos/Heitzman moved to approve the construction of elevated bleacher seating at Schleper
Stadium. (The completed project would be accepted formally as a donation at a future meeting).
Motion carried 4-0.
Bruce Loney, Public Works Director, presented Council with Consider Awarding a Contract for
the Beckrich Park Estates and Kristal Estates Sewer and Water Improvements, Project No. 2007-
10.
Cnc1. Joos excused himself from the table because he lives in Beckrich Park Estates.
Mr. Loney stated that the low bidder for the project is S.M. Hentges & Sons, Inc. with a bid of
$552,770.63. The Engineers estimate for this project is $650,000.00.
Mr. Loney said that Shakopee Public Utilities Commission (SPUC) has received 33 of the 34
property owner's signatures for the Water Service Agreements. Mr. Loney explained that the
owners that do not sign up for service will have their water service turned off once the system is
hooked up to the municipal water system.
Mr. Joe Adams of Shako pee Public Utilities also addressed Council and explained the water shut
off process when the municipal system is turned on and the and the Homeowners Association
system is turned off.
Lynette Stocker, 566 Barrington Dr., thanked Council and staff for all the work put into the
project and is happy to see it move forward.
Lehman/Heitzman -
1. Offered Resolution No. 6775, A Resolution Accepting Bids for the Beckrich Park Estates and
Kristal Estates Sanitary Sewer and Water Improvements, Project No. 2007-10, and moved its
adoption.
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2. Approved a 5% contingency amount on this project for use by the City Engineer in
authorizing change orders or quantity adjustments on this project.
3. Authorized the appropriate City officials to execute an extension agreement with WSB &
Associates, Inc. to perform construction staking service on the Beckrich Park Estates and Kristal
Estates improvements.
Motion carried 3-0 with Council Joos abstaining.
LehmanlHeitzman moved for a recess. Motion carried 4-0.
Mayor Schmitt re-convened the meeting at 8:45 p.m.
Bruce Loney, presented Council with the Grading Permit Application from Randy Noecker of
Ridge Creek I - Resolution No. 6769.
Mr. Loney stated that a grading application, from Randy Noecker of Ridge Creek I Inc., to grade
80 acres, was deemed complete on January 7,2008. The review period was extended by staffto
May 7,2008. On May 5,2008, the review period was extended to May 31,2008, at the request
of the applicant's. attorney. A resolution of approval of the grading permit has been prepared
with conditions. Mr. Loney outlined the exhibits ofthe resolution for Council.
Mr. Loney said that at 4:30 p.m. on May 20,2008, the City received a correspondence from Mr.
Noecker's attorney and Council was given the correspondence at the beginning of the meeting.
Joos/Lehman moved to accept the letter submitted by Briggs and Morgan, Mr. Noecker's
Attorney. Cncl. Lehman stated that he has not had a chance to read the correspondence because
ofthe late arrival of it. Cncl. Joos suggested deferring it to the Planning Commission, but
receiving it into the record. Motion carried 4-0. (CC Document No. 455)
Craig Baune of Briggs and Morgan and attorney for Randy Noecker addressed Council. Mr.
Baune stated he was before Council to object too many ofthe conditions that were recommended
in the resolution. Mr. Baune also said that the proposed resolution is improper because it fails to
account for the preliminary plat which as been the subject oflitigation and the court has ordered
approval of.
Cncl. Joos stated that the City is in litigation with Mr. Noecker and Ridge Creek I. Mr. Joos said
that Council will not be able to comment on any of the matters Mr. Baune will be discussing.
Jim Thomson, City Attorney, agreed and suggested that the Council let Mr. Baune comment on
anything other than what is in the written materials which are part of the record.
Lehman/Joos offered Resolution No. 6769, A Resolution Approving a Grading Permit for Ridge
Creek I, Inc., and moved its adoption. Discussion followed.
Cncl. Joos asked if the grading permit was worded any differently than other grading permits
drafted. Mr. Loney stated that the grading permit is the same as other permits issued by the City.
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Mayor Schmitt asked for a vote on the motion. Motion carried 4-0.
Jamie Polley, Parks and Recreation Director, presented Council with the Repair of Water
Infiltration Issues at the Community Center.
Ms. Polley saidthat Staff has used consulting companies to give suggestions to the water
problem at the Community Center. Staff determined that the internal drain tile system would be
as effective as the external drain tile system and would be more cost effective, have less impact,
and not compromise the structural integrity of the facility walls.
Ms. Polley said the 2008 Building Fund CIP allocated $150,000 to the Community Center water
infiltration repair. Other additional repairs such as the gymnasium floor, locker room tile repair,
locker, air quality testing, replacement of concrete panels, concrete swales and work done by
Public Works, an anticipated repair amount would be $138,182.00.
Ms. Polley also discussed that the front of the Community Center does not need drain tile
however the peaks over the front entrance channel a large amount of water into the landscaping
area. She said if the area were all concrete the water would not be allowed to drain as easily
down the north walls of the building. The additional cost to concrete the entire area would be
$24,600. Large planters would be installed to add landscaping to the building for an estimated
amount of $10,000.
Joos/Lehman moved to approve the bid by Standard Water Control Systems, Inc. in the amount
of $26,500.00 for repairs of the water infiltration issues at the Community Center. Motion
carried 4-0.
Council also directed staff to firm up with prices for locker replacement and repairs to the gym
floor and resubmit their findings to Council for approval.
Jamie Polley presented Council with the City Park and Trail Map.
Ms. Polley said the last time a park and trail map was printed was in 2002. Since 2002 the map
has not been updated or reprinted. Recently a request has been made to update the park and trail
map and make it available to the community.
Ms. Polley said a layout of the newly designed map was presented to the Park and Recreation
Advisory Board (PRAB) and modified to include many oftheir suggestions. Ms. Polley
presented the revised map to Council.
Ms. Polley said the County recently printed 12,500 copies of the county map at a cost of $6,200.
In addition the design costs would be approximately $500 to $1,000. Ms. Polley said she found a
printing firm that will print and fold the maps for $150 per 1000 copies. Ms. Polley gave several
suggestions for funding of the map.
Joos/Heitzman moved to approve the City Park and Trail map with the suggested general layout
subj ect to detail changes that may be made to bring the map to production; approve the number
of maps to be printed but not to exceed $5,000; and use funding from the Park Development
budget. Motion carried 4-0.
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Brian Turtle, Representative for the Downtown Business Partnership (DBP), presented Council
with the Shakopee Downtown Partnership Classic Car Cruise.
Mr. Turtle and the DBP are proposing that every other Friday night be scheduled for this event,
which would run opposite ofthe Hastings shows. The event would run from 6 p.m. until 10 p.m.
starting July 18th through September 26th.
Mr. Turtle detailed the streets that would need to be blocked off for this event. They are Lewis
St. from First Ave. to Third Ave., and First Ave. from Sommerville to Holmes.
Accommodations would be made for the Sports Stop, who's owner has indicated concerns about
access in the past.
Mr. Turtle said there would be a need for additional traffic control. Mr. Turtle proposed to have
two off duty police officers, as well as support from the Police Explorers, and Shakopee Boy
Scouts, who would help with directing. Volunteers would provide for signage and placing
barricades as necessary.
Mr. Turtle said that any costs the City incurs would be reimbursed from the DBP, including
Police overtime, Public Works clean up, and portable toilets.
Mr. Terry Hennen, owner of the Sports Stop, expressed his concern for an event this large. His
concerns included parking, traffic, and accessibility for patrons to his business.
J oos/Heitzman moved to authorize the closure of First A venue from Sommerville to Holmes, and
Lewis Street from First to Third A venue, and allow for sidewalk vendor sales at locations to be
determined in the downtown area and are within the City Code for six Friday nights, beginning
July 18th and ending September 26, 2008. Discussion followed.
Cncl. Lehman had concerns regarding parking for area residents and businesses during the event.
Mayor Schmitt also expressed the same concerns.
Mayor Schmitt asked for a vote on the motion. Motion carried 4-0.
Lehman/no second moved to ask staff to do some research on how the City can reserve parking
in parking lots for residential tenants in the downtown area. Motion carried 4-0.
Gregg V oxland, Finance Director, presented Council with Energy Savings Contracts.
Mr. Voxland stated that staff has been talking with Harris Services about energy savings. The
next step is to authorize the "letter of intent" to perform the comprehensive technical study for
energy savings at the Community Center and Fire Station 51.
Mr. V oxland said that Harris Services has done a "feasibility" study and the next step is to do the
comprehensive technical study. This entails a financial commitment by the city to pay for the
study ($8,000 for the community center and $2,000 for fire station 51) if the city decides not to
go forward with Harris and complete the project.
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Mr. V oxland showed an energy savings chart provided by Harris. Over 15 years the energy
savings for the community center is estimated at $493,000. Initial cash outlay would be around
$266,400. For the fire station the 15 year savings would be approximately $150,000. Initial cash
outlay would around $70,000.
. Joos/Heitzman inovedto table authorizing a "letter of intent" with Harris Services, to perform a
comprehensive technical study for energy savings at the Community Center and Fire Station 51,
to the next regularly scheduled meeting. Motion carried 4-0.
Mr. Voxland presented Council with setting s Budget Work Session for OS/29/08.
Mr. V oxland said that Springsted was contacted to see what services they could provide in
facilitating a meeting to prioritize services that would provide guidance in preparing the 2009
budget. The City received from Springsted a long range comprehensive financial planning
proposal that could be very costly. Mr. V oxland suggested that the City only use Task IV
(Develop Short-Term and Long-Term Strategies) of the proposal at an estimated cost of $4,000
to $10,000.
Joos/Heitzman directed staff to obtain a firm cost estimate from Springsted to facilitate a meeting
to prioritize city services for preparation ofthe 2009 budget. Motion carried 4-0.
Mayor Schmitt asked if there were any Council concerns or other business. There was none.
HeitzmanlJoos moved to adjourn to Thursday, May 29,2008 at 7:00p.m. Motion carried 4-0.
The meeting was adj ourned at 11: lOp .m.
~lo;
~th s. Cox .
ity Clerk
Kim Weckman
Recording Secretary