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HomeMy WebLinkAbout5.F.2. Approval of Minutes: February 03, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 2009 Mayor Schmitt called the meeting to order at 7:00p.m. with Council members Steve Clay, Pat Heitzman, and Matt Lehman present, Terry Joos absent. 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; Gregg Voxland, Finance Director; Rick Coleman, Fire Chief; and Tom Pitschneider, Fire Inspector. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill asked to defer 13.F.l, 2009 Goals and Objectives and remove 16., the Executive Session to Discuss Labor Negotiations. Clay/Heitzman moved to approve the amended agenda. Motion carried 4-0 In the Mayor's Report, Mayor Schmitt presented certificates of completion to new members on the Certified Emergency Response Team (CERT). The new members include Joy Frisch- Schmoll, Sandy Heimerl and Glady Pauly. Mayor Schmitt then presented Tom Pitschneider, Fire Inspector, with an embroidered CERT shirt on behalf of the CERT team members for his dedication to the program. Also in the Mayor's Report, Mayor Schmitt said he attended the 169 Corridor meeting, the annual Chamber luncheon, and also attended an open house at the Workforce Training Center. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. No one responded. Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent Agenda. Motion carried 4-0. Lehman/Heitzman moved to declare the 1994 Toyota Camry, VIN: 4TIGKI3E8RUOI9581, the 1995 Mercury Mystique, VIN: IMELM6535SK601174, the 1996 Chrysler Cirrus, VIN: lC3EJ56H5TN275890, and the 1996 Fort Thunderbird, VIN: IFALP6242TH182582 as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to extend the approval period of the Final Plat of South Parkview 5th Addition to April 19, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6868, a Resolution Setting the Public Hearing Date to Consider the Vacation of Easement in Valley Rich First Addition at 1431 Maras Street, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate officials to enter into the 2009 labor agreement with Minnesota Teamsters, Local No. 320, on behalf of employees in the Public Works Department. (Motion carried under the Consent Agenda) Official Proceedings of the February 3, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to authorize the appropriate officials to enter into the 2009 labor agreement with Law Enforcement Labor Services, on behalf of the City's Police Sergeants. (Motion carried under the Consent Agenda) LehmanJHeitzman moved to grant James Horton, Kevin Kern, Luke Struck and Joseph Theis regular status as paid-on-call firefighters. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the job description for the position of Chief of Police/Emergency Management Director. (CC Document No. 462) (Motion carried under the Consent Agenda) Lehman/Heitzman moved to continue Ms. Proskin's employment as a part-time Records Specialist with the Police Department through February 28,2009. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to approve the bills in the amount of$I,004,638.25. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of January 6, 2009. and January 20, 2009. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to make nominations to Boards and Commissions as outlined on the list provided: Planning CommissionIBOAA: Ryan Magin, Mark Reimler, Jenna Burfiend, Francis Hagen, Jeff Nelson, Fatima Franzen Park and Recreation Advisory Board: Corinne Mars, Brad Tabke, Fatima Franzen Shakopee Public Utilities Commission: Bryan McGowan, Francis Hagen, Fatima Franzen Police Civil Service Commission: Stan V onBokern, Brian Wondra, Richard Vaillancourt Environmental Advisory Committee: Heidi Benedict, J enna Burfeind Telecommunications Advisory Commission: Mark Hillegas, Don McNeil, Jason Bergerson Economic Development Advisory Committee: Jeff Nelson, James Connell, Jenna Burfiend, Mark Reimler, Fatima Franzen Historic Preservation Advisory Commission: Don McNeil Board of Review: Eldon Reinke, Brian Call (Motion carried under the Consent Agenda) LehmanlHeitzman moved that the Economic Development Advisory Committee (EDAC) remain on hiatus through 2009, or until such time as the level of activity and projects increases, and that the existing vacancies on the EDAC not be filled at this time. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to approve the application and grant an on sale and off sale 3.2 percent malt liquor license to Chaska Market, LLC dba Los Sanchos, 123 West 2nd A venue, conditioned upon final inspections being completed by the Building Department. (Motion carried under the Consent Agenda) Official Proceedings of the February 3, 2009 Shakopee City Council Page -3- LehmanlHeitzman moved to set a hearing for Tuesday, March 3, 2009, at 7:00 p.m., or thereafter, to review the actions ofHoartg's Southside Liquors, Inc, 1667 1 ih Avenue East and RT Minneapolis Franchise LLC, dba Ruby Tuesday, 4135 Dean Lakes Boulevard. (Motion carried under the Consent Agenda) LehmanlHeitzman offered Ordinance No. 812, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulations and Licensing, Subdivision 6.22, Taxicabs and Drivers, and moved its adoption. (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. Michael Leek, Community Development Director, presented Council with the Appeal of Board of Adjustment Determination - Main Street Veterinary Services. Mr. Leek said that Ronald Gaskin of Main Street Veterinary Services has submitted an application to appeal a Board of Adjustment determination regarding the use of an addition to the building at 536 First Avenue East. Mr. Leek said that Mr. Gaskin received a Conditional Use Permit (CUP) in 1996 to operate a veterinary clinic in the residence of 536 First Avenue East. The applicant's submitted site plans depicting the north side of the residence space for the clinic which encompassed approximately 365 square feet. In 2007 a building permit for a 24x24 addition to the south side of the structure was issued with the condition that the addition not be used for operation of the veterinary clinic. In June 2008 the City of Shakopee received a complaint that the addition may be used or was intended to be used as part of the veterinary clinic. The City sent Mr. Gaskin's a letter stating that the addition was not to be used as an expansion of the clinic since a conditional use permit amendment had not been granted. Mr. Leek said Mr. Gaskin appealed staff's determination and believes that the addition should be able to be used for the clinic and stated on the appeal of staff determination application "Use of additional space to upgrade and not expand service". Mr. Gaskin said he would like to use 50% of the area for the veterinary clinic bringing the total square footage of the clinic to 653 square- feet. At the Board of Appeal meeting, Mr. Gaskin stated that the reason he applied for a residential building permit was because of the length of review time for commercial building permits and the more restrictive plans and construction. Mr. Ronald Gaskin, 536 First Avenue East, addressed Council. Mr. Gaskin reiterated what Mr. Leek explained to Council. Mr. Gaskins said he applied for residential permit for the addition for future sale ofthe residence. Mr. Gaskin's said the process for a commercial permit would have taken to long. He asked City Council to table the appeal for three months pending an investigation into a CUP amendment. Mr. Leek explained that Mr. Gaskin is asking to table the appeal in order to go through the CUP process. rfthe determination ofthe board is adverse, then Mr. Gaskin would have preserved the appeal that the CUP wasn't required in the first place. Official Proceedings of the February 3,2009 Shakopee City Council Page -4- Clay/Heitzman moved to uphold the determination of the Board of Adjustment and Appeals and require Mr. Gaskin, 536 First A venue East, to apply for a conditional use permit amendment if the addition is to be used as part of the veterinary clinic. Motion carried 4-0. Mayor Schmitt asked for Council Liaison reports. Cncl. Clay said he met with the Transit Review Board and the stimulus package dollars were discussed. The projects proposed were decking for the current park: and ride station, the Eagle Creek park and ride and 494 bus lanes. Cncl. Lehman said he attended the 169 Corridor meeting. Cncl. Heitzman said he attended the school board meeting and the Down Town Partnership meeting. He asked that the next item on the agenda, 13.A.l be deferred until members from the Down Town Partnership were present. Mr. Leek presented Council with the Joint Powers Agreement for U.S. 169 Corridor Coalition. Mr. Leek said that Mayor Schmitt, Council's Lehman and Heitzman, as well as Mr. McNeill sought interest from other entities to form a corridor coalition. Mr. Leek said that a number of counties, cities, towns and regional planning organizations were interested in moving ahead with the formation of the Coalition. A Joint Power's Agreement was drafted and circulated. March 15,2009 is the proposed deadline for approving and entering into the joint powers agreement. If there are any surprises for modification, the agreement will come back to Council. Clay/Heitzman moved to direct the appropriate city officials to execute the proposed joint powers agreement for the U.S. 169 Corridor Coalition as presented. Motion carried 4-0. Kris Wilson, Assistant City Administrator, presented Council with the Chief of Police/Emergency Management Director Recruitment & Selection Process update. Ms. Wilson said that the current Police Chief, Dan Hughes, plans to retire in late April. The Shakopee Police Civil Service Commission asked to use Personnel Decisions International (PDI) as part of the recruitment and selection process. Ms. Wilson identified PDI's portion of the process and outlined the time line for the process with the candidate selection to take place at the May 5,2009 Council meeting. Ms. Wilson also said the cost ofPDI is approximately $15,000. Lehman/Clay moved to authorize hiring Personnel Decisions International to assist with the recruitment and selection of the City's next Chief of Police/Emergency Management Director. Motion carried 4-0. Mr. McNeill presented Council with the Downtown Flower PotslBaskets Maintenance. Mr. McNeill said the City is asked to affirm budgetary decisions for the maintenance of downtown flowers during the 2009 growing season. Mr. McNeill said the City along with the 10cal Cub Scouts and the Downtown Partnership has worked together for the beautification of downtown Shakopee. The City funds the purchase of flowers for the street-level flower pots. Labor is done by a local Cub Scout pack, which is paid $1,500 for their work. The Downtown Partnership provides funding for approximately 130 hanging baskets and reimburses the City for the annual buy back cost ofthe "Gator" all-wheel-drive vehicle used for watering the plants. The City's contribution to the flower baskets has been a summer seasonal employee to maintain Official Proceedings of the February 3, 2009 Shakopee City Council Page -5- the baskets. The Downtown Partnership needs to have a commitment now ifthe baskets are to be assembled and grown for 2009. Cnc1.Clay stated that we are an entertainment center, and are trying to attract visitors and the flower baskets have a positive visual impact. He believes that the money is will spent. Pat Schroers, The Tole Bridge, and President of the Downtown Partnership, addressed the Council and asked Council for the commitment for the 2009 flower basket proj ect. Clay/Heitzman moved to authorize downtown flower pots and flower baskets to be maintained as budgeted for 2009. Discussion followed. Cncl. Lehman doesn't believe during the economic downturn that tax payer dollars should be used to fund this project. Mayor Schmitt asked for a vote on the motion. Motion carried 3-1 with Council Lehman opposed. Mr. McNeill presented Council with the Wind Generator Discussion. Mr. McNeill said the Minnesota Municipal Power Association (MMP A) desires to construct a mid-size wind turbine generator which would be located on the SPUC headquarters property. Mr. McNeill said that previously Council has asked for a joint meeting with Shakopee Public Utility Commission (SPUC) to discuss the accommodation of wind generators in Shakopee. Mr. McNeill suggested meeting on Monday, March 2,2009 at 6:30 p.m. at the Shakopee Public Utilities building. All Council members agreed to the date and time. Mr. McNeill presented Council with the Derby Days Board of Directors Representation. Mr. McNeill stated that the Derby Days Board of Directors is asking if Brad Eller's, Recreation Supervisor, who has been to initial meetings, would be available to serve on the Board of Directors. They are also asking for a city council member to act as a liaison. Mr. McNeill recommended that Mr. Eller's participation be that of an ex-officio status where he' could participate in discussion but not vote. Mr. McNeill said Council should consider appointing someone from the Council to be a liaison to the Derby Days Committee. Cncl. Lehman said he is okay with Mr. Eller and that he would be interested in the liaison position. Heitzman/Clay moved to authorize Brad Eller to be a City ex-officio representative to the Derby Days organization and that Councilor Lehman be designated the City Council liaison. Motion carried 4-0. Lehman/Clay moved to adjourn to Tuesday, February 10,2009 at 7:15 p.m. Motion carried 4-0. The meeting adjourned at 8:28 p.m. ~~~~ ~ith S. Cox, City Clerk im Weckman, Recording Secretary