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HomeMy WebLinkAbout5.F.2. Approve Minutes of April 21 and May 5, 2009 S. F. j.. . ..~... ~ ~ tPi< ENT OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ui~~~. . ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 21, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Terry loos and Matt Lehman 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, City Engineer/Public Works Director; Jamie Polley, Parks, Recreation and Natural Resource Director; Mike Hullander, Public Works Superintendent; and Gregg V oxland, Finance Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said there were no changes to the agenda. Joos/Clay moved to approve the agenda. Motion carried 5-0 In the Mayor's Report, Mayor Schmitt read a 2009 Arbor Day Proclamation. He also said that he and Cncl. Lehman participated in the Police Chief Interviews. Mayor Schmitt said he also testified at the Transportation Advisory Board hearing of the Metropolitan Council regarding the support for a 169/494 interchange. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Mr. McNeill said that there is a corrected resolution on the table for 5.B.2, Donation from Shakopee Amateur Baseball- Resolution No. 6901. Also, 5.FA, Shakopee Downtown Partnership Classic Car Cruise, should be pulled from the Consent Agenda to be discussed. Lehman/Joos moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda. Motion carried 5-0. Lehman/Joos 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. 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. 4. Shakopee Soccer Association to operate the 17th Avenue Sports Complex concession stand. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6901, a Resolution of the City of Shako pee, Minnesota, Accepting a Property Donation from Shakopee Amateur Baseball, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design of Hansen A venue, from CSAH 18 to Crossings Boulevard. Also, authorize the appropriate City officials to execute the reimbursement agreement with Shakopee Crossings Limited Partnership for the design fees by WSB & Associates for Hansen A venue design. (Motion carried under the Consent Agenda) Official Proceedings of the April 21, 2009 Shakopee City Council Page -2-- LehmanlJoos moved to approve the bills in the amount of $572,493.51 and electronic transfers in the amount of $359,582.82 for a total of $930,403.87. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the minutes of March 17,2009, March 24,2009 and April 7, 2009. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6900, A Resolution Amending Resolution No. 6847 A Resolution Adopting the 2009 Budget, and moved its adoption. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to be heard on a subject that was not on the agenda. April and Ron Mortz, 495 Ash St., Shakopee, said that prior to the April 7, 2009 meeting statements were made on the air by two council members that they felt were inappropriate and felt an apology was in order to the citizen's of Shakopee. Cncl. Heitzman and Cnc1. Clay both apologized for making the statement. LehmanlJoos moved to open the public hearing on an Application for a Taxicab License- Bradford Transportation Inc. Motion carried 5-0. Judy Cox, City Clerk, presented Council with the request for a taxicab license for Brandford Transportation Inc. Ms. Cox said that Louise and Jeff Bradford have applied for a taxicab license and also for taxicab driver's licenses to operate within the City of Shakopee. Ms. Cox said the Bradford's are purchasing the existing licensed taxi business from Oscar Salas (dba as Shakopee Taxi). Their intent is to license one vehicle at this time and possibly add a second vehicle in the future. Ms. Cox said the police department has conducted the required background investigation and has advised that there is no reason to deny the application. Mayor Schmitt asked if anyone from the audience wished to speak at the public hearing. No one responded. Clay/Joos moved to close the public hearing. Motion carried 5-0. Lehman/Heitzman moved to approve the application and grant a taxicab license for up to two taxicabs to Bradford Transportation Inc., 102 Woodland Circle, Jordan, MN, conditioned upon meeting all requirements of the City Code for said license and surrender of the existing license issued to Oscar Salas dba Shakopee Taxi. Motion carried 5-0. Mayor Schmitt asked to discuss the item removed from the Consent Agenda. Mr. McNeill removed 5.FA, Shakopee Downtown Partnership Classic Car Cruise from the Consent Agenda because Terry Hennen, owner of The Sports Stop, 101 1st Avenue, wished to address Council with his concerns regarding the Classic Car Cruise. Official Proceedings of the April 21, 2009 Shakopee City Council Page -3- Brian Turtle, business owner and a member of the Downtown Partnership, 132 1 st Ave. E., Shakopee, said that the Downtown Partnership along with the Boy Scouts are asking to block off portions of downtown streets to allow for the parking and display of custom cars and hot rods on every other Friday night from May to September. Mr. Turtle said last years Classic Car Cruise was very successful. Terry Hennen, owner of The Sport's Stop, 101 1st Ave., Shakopee, said that last year's events cost him business because the streets were being blocked off before the 6:00 p.m. start time of the event. He is concerned that the same thing will happen at this year's event. Mr. Hennen suggested the closure of Holmes St. rather than Lewis Street. He would also like to see the time changed from 6:00 p.m. to 7:00 p.m. and would even close his store at 6:30 p.m. on the nights of the events. Mr. Hennen stressed that the barricades should not be put up prior to the posted start time. Mr. Turtle said he really wants to see the Classic Car Cruise to continue and is willing to move the start time from 6:00 p.m. to 7:00 ifMr. Hennen closes his business at 6:30 p.m. He also said he wouldn't oppose having the cars park on Holmes Street. Brian Stugelmeyer, Boy Scout Troop 619, stated that he would make sure that the barricades do not go up before the start time of the show. Joos/Clay moved to authorize the closure of First A venue from Sommerville to Holmes, and Lewis Street from First and Third A venues, and allow for sidewalk vendor sales at locations to be determined in the downtown area for nine Friday nights, beginning June 5, 2009 and ending September 25,2009 and barricades not to go out until 7:00 p.m. Discussion followed. Mr. Lehman asked if Holmes Street was going to be added to the motion. Mr. McNeill said that he would need to send notices to the businesses on Holmes Street before closing and allowing cars to park there for the Classic Car Cruise. He asked that the Council defer any action regarding Holmes Street until the businesses have been notified. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Mayor Schmitt asked for Council Liaison reports. Cncl. Heitzman said he attended the School Board Meeting. He said he brought to the board's attention the issue of students parking in the new neighborhood across the street from the High School. Cncl. Heitzman said the School Board supported putting up No Parking signs on those streets. Cncl. Lehman said he attended the Derby Day's meeting, the 169 Coalition Regional Corridors, and the Chamber meeting. Cncl. Joos said he attended the Shakopee Public Utility Commission meeting and discussed their work projects. Cncl. Clay attended the Transit Review Board meeting. The board has been meeting with Craig Jensen to identify possible projects for funding with the Service Transportation Program funds. Heitzman/Joos moved to recess for the Economic Development Authority meeting. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:46 p.m. Official Proceedings of the April 21, 2009 Shakopee City Council Page -4- Mr. Leek presented Council with the Preliminary Plat of Interstate Addition, Final Plat of Interstate Addition, and Conditional Use Permit for Truck/Trailer Service, Multiple Structures on One Lot, and Exterior Storage in the Light Industry (I-I) Zone. Mr. Leek said that Pope Associates, Inc., on behalf of Interstate Companies, have submitted an application for a Preliminary and Final Plat, for property located north of 4th Avenue East, West of Shenandoah Drive, and South of CSAH 101. He showed a drawing of the plat. The applicant is proposing to preliminary plat five industrial lots, ranging from 5.47 acres to 17.436 acres in size, with a Final Plat of Lot 1 and the balance as an outlot for future development. Mr. Leek explained that the second application is for a conditional use permit for a 17.436 acre site. Mr. Leek showed Council and the audience maps of the proposed site plans. Mr. Leek said the Planning Commission reviewed the preliminary plat and Conditional Use Permit application at its March 5, 2009 meeting, and recommended approval ofthe Conditional Use Permit application, with revised conditions, and recommended approval of the preliminary plat, with revisions. Mr. Leek said that ifthe text amendment in Ordinance No. 816 (later on the agenda) isn't approved, the site plan will need to be changed to combine the two proposed buildings into one. Mr. Leek highlighted the changes in the CUP in Resolution No. 6893 that were discussed at the April 7, 2009 Council meeting. He specifically noted an additional revision to condition number 8 regarding berming. Mr. Leek also discussed the documents regarding property valuation that Mr. Jeff Pumper submitted as public record at the April 7, 2009 Council Meeting. Mr. Leek said staff contacted Patchin, Messner and Dodd, who the City uses for appraisal services, and asked them to review the information submitted by Mr. Pumper and give the City some conclusions about whether or not the information showed was it purported to be. Mr. Leek said the City received a letter from Jason Messner that contained his conclusions. Mr. Leek read the letter for the record. Considering certain factors as well as differences in the style, age, livable SF, bedrooms, baths, etc. between the homes near versus away from industrial development (Rahr Malting), Mr. Messner stated in the letter that the proximity/diminished value analysis provided by Mr. Pumper is not reliable in this particular case. Joos/Clay offered Resolution No. 6892, a Resolution Approving the Preliminary and Final Plat of Interstate Addition, and moved its adoption. Motion carried 5-0. Joos/Clay offered Resolution No. 6893, a Resolution Approving a Conditional Use Permit for Truck and Trailer Services, Exterior Storage and Multiple Structures on One Lot, and moved its adoption. Discussion followed. Cncl. Lehman asked about language in the CUP regarding any damage to nearby properties if blasting would take place on the site. Mr. Leek said that in Resolution No. 6892, IV.B. there are specifications regarding damage to property. Mayor Schmitt asked for a vote on the motion. Motion carried 3-2 with Cncl. Lehman and Cncl. Heitzman opposed. Official Proceedings of the April 21, 2009 Shakopee City Council Page -5- Mr. Leek presented Council with the Amendment to City Code Sec. 11.44, Subd. 2. Mr. Leek said that Pope Associates, Inc., on behalf of Interstate Properties, Inc., have filed a zoning text amendment application to allow office buildings as a permitted use in the I-I Light Industry Zone. Mr. Leek read the proposed text amendment. Mr. Leek noted that the Planning Commission recommended approval 6-0. Joos/Lehman offered to approve Ordinance No. 816, Fourth Series, an ordinance amending SEC.ll.44, Subd.2. to allow office buildings as a permitted use of the I-I Light Industry Zone, as presented, and moved its adoption. Motion carried 5-0. Cncl. Lehman asked Council if there was a consensus to direct staff to look at differentiating between heavy and light industrial. Cncl. Joos believes that Council needs to have a training session before having a knowledgeable discussion to make decisions. Cncl. Lehman asked staff to look into this subject. Mr. Leek said that staff would provide information and have discussion with Council regarding the I-I and 1-2 zones. Mr. Leek presented Council with Rezone Property from Multiple Family Residential (R3) Zone to Office (B2) Zone. Mr. Leek said Tilak Gurusinghe has made application for the rezoning of the property located at 1335 Tenth Avenue East from Multiple Family Residential (R3) Zone to Office (B-2) Zone. The site is 2.34 acres in size. Mr. Leek said the property is currently for sale and the potential buyer anticipates using a portion of the building for his dental practice and would like the opportunity to remodel and lease other spaces in the building to accountants, attorneys, insurance agents, and other similar uses that would have standard hours of operation. The property is guided for commercial use in the comprehensive plan. The Planning Commission recommended rezoning to B-2, office zone. Clay/Heitzman offered Ordinance No. 817, Fourth Series, An Ordinance Approving a Request to Rezone Property from Multiple Family Residential (R3) Zone to Office (B2) Zone, and moved its adoption. Discussion followed. Cncl. Joos said he would like to amend this motion to make office as a conditional use versus a blanket B-2 Zone, so Council would have the authority as to what business could occupy the building. Discussion ensued. Joos/Lehman called the question. Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Mayor Schmitt opposed. Heitzman/Lehman moved to recess for 10 minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9: 15 p.m. Official Proceedings of the April 21, 2009 Shakopee City Council Page -6- Mr. Leek presented Council with the Rezoning of property from Major Recreation (MR) Zone to Heavy Industry (I-2) Zone. Mr. Leek said that Whitebox Commodities Holding Corporation has made application for the rezoning of the property located at 3251 Hwy. 101 East. The site is 61.43 acres in size. Mr. Leek said the site is utilized as a grain elevator operation, which is listed as a Conditional Use in the Heavy Industry (1-2) Zone. Mr. Leek displayed maps of the current site as well as the proposed site maps. The applicant would like to construct three large bin grain elevators on the property. Because the use is presently a non-conforming use, any expansion of the operation cannot occur unless the property is zoned properly. Mr. Leek said the Planning Commission has reviewed the application and recommended approval ofthe zoning request 6-0. Lehman/Heitzman offered Ordinance No. 818, an Ordinance Rezoning Property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone, and moved its adoption. Motion carried 5- O. Bruce Loney, Public Works/Engineering Director, presented Council with the Overhead Power Relocation on the CSAH 83 Reconstruction Project. Mr. Loney asked Council to consider whether the existing power lines on County State Aid Highway (CSAH) 83, from Church Addition to the South City Limit Line after relocation, should remain overhead or to require under grounding ofthis power line. Mr. Loney said to under ground the power line would cost $215,000.00 versus $42,000. Mr. Loney stated that the overhead line in Prior Lake will be relocated and not placed underground with this project. Lehman/Joos moved that the existing power lines along CSAH 83, which require relocation in conjunction with the CSAH 83 Reconstruction Project, remain overhead lines. Motion carried 5- O. Mr. Loney presented Council with a Street Sweeping Policy for consideration. Mr. Loney said the requirement of two times a year frequency for street sweeping is part of the City's MS4 permit from the Minnesota Pollution Control Agency. He said that staff believes the frequencies listed in the proposed street sweeping policy are minimums that can be met and are much lower than staff previously recommended. Additional sweeping than the minimums would be done, if necessary, due to conditions. Mr. Loney presented Council with the purchase ofthe Re-generative Air Street Sweeper. Mr. Loney said that Public Works has identified the need in the 2009 Capital Equipment Fund to purchase an additional street sweeper. The Re-generative Air sweeper is being recommended because it provides better efficiency in normal and fall leaf sweeping operations and will provide more effective cleaning for environmental purposes. Mr. Loney said the 2009 Capital Equipment Fund has $190,000.00 budgeted for the purchase. Official Proceedings of the April 21, 2009 Shakopee City Council Page -7- Mike Hullander, Public Works Superintendent, presented Council with a comparison of the Elgin Crosswind Re-generative Air sweeper and the Tymco 600 sweeper. Lehman/Joos offered Resolution No. 6902, A Resolution Adopting a Street Sweeping Policy for the City of Shakopee, and moved its adoption with a two per year minimum on page two and the discretion by the Public Works Director to sweep more frequently, if needed. Motion carried 5- O. Lehman/Heitzman moved to direct staff to purchase one new Elgin Crosswind Re-generative Air Sweeper from MacQueen Equipment, Inc., utilizing State Bid Pricing for the price of $158,888.42. The purchase to be expended from the Surface Water Fund. Motion carried 4-1 with Cncl. Joos opposed. Mark McNeill, City Administrator, advised Council that Carol Schultz, President of the Shakopee's Chamber and Visitor's Bureau (CVB) would like to present Council with the CVB's activities and finances. Ms. Schultz presented Council the history, purpose and goals of the CVB. She provided Council with the CVB budget as well as the 2009 CVB marketing plan. Mr. McNeill pres~nted Council with the Budget Calendar/Budget workshop date. Mr. McNeill said that in response to previous directives from the Council, staffhas been working on a report which will make an effort to identify a list of prioritized city services. Staff has also complied a list of possible budget savings for the FY 2010 budget. Mr. McNeill said that staff would like to have a budget workshop with Council to discuss these items. Council agreed to meet with staff on Wednesday, May 20, 2009 at 7:00 p.m. Mayor Schmitt asked for any other business or council concerns. Cncl. Clay said he would like to make a statement regarding the financial status of Shakopee. Cncl. Clay said that the City of Shakopee in comparison to other cities is financially standing quite well in light of the economy. Mr. Loney also wanted to advise Council that the County Road 21 project received Federal Stimulus money which will reduce the cost to the city. Clay/Lehman moved to adjourn to Tuesday, May 5, 2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 10:38 p.m. . d. 0r:: W ,cJJi~ J (lith S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA MAY 5, 2009 Mayor Schmitt called the meeting to order at 7:00 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; Bruce Loney, Public Works Director; Jamie Polley, Park, Recreation, and Natural Resources Director; Rick Coleman, Fire Chief; Tom Pitschneider, Fire Inspector; Jeff Tate, Police Captain; and Mike Hullander, Public Works Superintendant. The Pledge of Allegiance was cited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mark McNeill said there were no changes to the agenda. Joos/Clay moved to approve the agenda. Motion carried 5-0. In the Mayor's report Mayor.Schmitt said he participated in the recycling efforts by Goodwill. He attended the Public Works Clean Up Day. He said he also read to 700 first graders which was sponsored by the Rotary Club. Mayor Schmitt discussed the 2010 Census and said the -9ensus Bureau will have a main office in Shakopee., Jamie Polley, Director of Parks, Recreation & Natural Resources, presented Council with a plaque naming Shakopee as a Tree City USA by the Arbor Day Foundation. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. No one responded. Lehman/Joos moved to approve the Consent Agenda. Mr. McNeill read the consent agenda. Motion carried 5-0. Lehman/Joosmoved to approve the Intergovernmental Agreement between the Metropolitan Council and the City of Shakopee for partnership in the 2009 Citizen Assisted Monitoring Program (CAMP) for lakes. (Motion carried under the Consent Agenda) Lehman/Joos offered Ordinance No. 820, An Ordinance ofthe City of Shakopee, Minnesota, Adopting Revisions To City Code Chapter 4 Regarding Fence Height, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6886, A Resolution Accepting Bids on the 2009 Cured-In Place-Pipe, Project No. 2009-4, and moved its adoption; and approved a 5% contingency amount on this project for use by the City Engineer in authorizing change orders or quantity adjustments on this project. (Motion carried under the Consent Agenda) Lehman/Joos moved to accept the MnlDOT speed limit authorizations report for Eagle Creek Boulevard from Marschall Road to CSAH 83 and for Dean Lakes Boulevard from CSAH 83 to Dean Lakes Trail and authorized staff to erect the appropriate signage to implement these Official Proceedings of the May 5, 2009 Shakopee City Council Page -2~ Authorizations (outlined in the May 5,2009 memo from Bruce Loney, Public Works Director, Document No. CC-467) (Motion carried under the Consent Agenda) Lehman/Joos offered Resolution No. 6903 A Resolution Amending Resolution No. 6674, Adopting Departmental Policies on Hiring, Probationary Firefighters, Attendance and Part-Time Officers for the Shakopee Fire Department, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Joos moved to allow appropriate city staff to partner with Scott County and the Cities of Savage and rior Lake by entering into a Memorandum of Understanding required for the Edward Byrne Memorial Justice Assistance Grant Program (JAG Grant) application. (Motion carried under the Consent Agenda) Lehman/Joos moved to accept, with regret, the resignation of Dan Hughes from the position of Chief of Police/Emergency Management Director, effective May 31,2009. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the bills in the amountof$182,420.90 and electronic transfers in the amount of$366,163.44 for a total of $548,584.34. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the extension of parking restrictions and sidewalk sales for the Downtown Classic Car Cruise to include Holmes. Street from First A venue, to the south line of Second Avenue. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve the application and grant on-sale and Sunday on-sale intoxicating liquor licenses to Magnum Management Corporation dba Valleyfair, One Valleyfair .Drive, for the Beach Bites Restaurant and outdoor seating in Soak City Waterpark and that seating be limited to 500 seats, consistent with the PUD agreement. (Motion carried under the , Consent Agenda) Lehman/Joos moved to authorize the replacement of the City Hall boiler by Owens Company at a cost not to exceed $56,000, as well as the necessary asbestos removal by a contractor to be determined. (Motion carried under the Consent Agenda) Lehman/Joos moved to approve an amendment to the On Sale Liquor License and the Sunday On Sale Liquor License ofEI Toro of Shako pee, Inc., 1120 First Avenue East, to allow alcohol wit~in the fenced outdoor seating area on the north side of the building with access through the vestibule. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that was not on the agenda. Al Walford, Environmental Equipment and Services, Elko, MN, advised Council that he was there to answer any questions they had regarding the letter his attorney had sent to the City regarding the Tymco Street Sweeper. Council advised they did not have any questions. Official Proceedings of the May 5, 2009 Shakopee City Council Page -3- Mayor Schmitt asked for Council Liaison reports. Cncl. Clay said he attended the Transit meeting but had nothing new to report. Cncl. Joos attended the Shakopee Public Utility Commission meeting. Discussed were water and electric rates. Cncl. Lehman had no report. Cncl. Heitzman attended the Downtown Partnership meeting and had nothing new to report. Jamie Polley, Parks, Recreation, & Natural Resource Director, presented Council with the Hamlet Park Improvements. Ms. Polley said the Hamlet Homeowners Association (HOA) approached the City with a number of improvements they would like to contribute to enhance the Hamlet Tot Lot Park and adjacent open space. The items include installing a sidewalk on the north side of the park, installing an additional picnic table, donating and installing irrigation to the landscaped area on the corner of Southbridge Parkway and Windsor Dr. S and cleaning up the open space area adjacent to the landscaped area. The HOA has agreed to pay for all materials to install the sidewalk and repair the turf if the City would provide the labor. The estimated cost of materials and labor is approximately $11,000.00. Public Works approved the proposed improvements and providing the labor. The Parks and Recreation Advisory Board is recommending the approval of the improvements to the Hamlet Tot Lot Park and adjacent open space. Clay/Heitzman authorized the improvements to the Hamlet Tot Lot Park and Adjacent open space as recommended by the Parks and Recreation Advisory Board (outlined in the May 5, 2009 memo from Jamie Polley, Recreation and Natural Resources Director, Document No. CC- 465) Motion carried 5-0. Tom Pitschneider, Fire Inspector/Marshal, presented Council with the Adoption of Amended City Code Section 10.37 relating to Fires, Open Flames or Barbeques on Balconies or Patios. Mr. Pitschneider said the current ordinance was adopted in 1989. The intention of the ordinance was to limit any possible fires from occurring at structures containing 3 or more dwelling units by not allowing fires or barbeques on any balcony or ground level patio within 15 feet of the structure. Mr. Pitschneider said since the influx of multi-family structures in the past 10 years, it has been difficult to enforce the existing ordinance. Amending the ordinance to allow the storage of barbeques and grills adjacent to structures will allow for more uniform level of enforcement while maintaining adequate safety precautions to minimize the chance of a fire occurring. Clay/Joos offered Ordinance No. 819, Fourth Series, An Ordinance Of The City Of Shako pee, Minnesota, Amending Section 10.37 Of The City Code Relating To Fires, Open Flames Or Barbeques On Balconies Or Patios, and moved its adoption. Motion carried 5-0. Mark McNeill, City Administrator, presented Council with the Appointment of the New Police Chief. Official Proceedings of the May 5, 2009 Shakopee City Council Page -4- Mr. McNeill asked Council to affirm the appointment of Jeffrey C. Tate as the next Chief of Police/Emergency Management Director for the City of Shakopee. Mr. McNeill said that ~ employment agreement for Mr. Tate is expected to be brought forth to the City Council for consideration on May 19, 2009. Joos/Heitzman moved to appoint Jeffrey C. Tate as Chief of Police/Emergency Management Director for the City of Shako pee effective June 1,2009. Motion carried 5-0. Mr. McNeill presented Council with the Budget Workshop Discussion/Budget Calendar. Mr. McNeill said that per council request, staffis proposing to reduce the number of budget workshops with scheduled discussion from six meetings to three. Three additional workshop dates are identified in the budget calendar, if needed. (CC Document No. 466) Lehman/Joos moved to adopt the 2010 budget calendar as presented. Motion carried 5-0. Mayor Schmitt asked ifthere were any Council concerns. Cncl. Lehman said he was concerned about a cable casted show called Twisted T.V. He said it contained bad language and didn't think it should be broadcasted on the local cable channel. Kris Wilson, Assistant City Administrator, explained that the program is shown after 11 :00 p.m. which falls within the FCC guidelines. She also said that the issue is also on the Telecommunication Advisory Board's agenda for their next meeting. Joos/Heitzman moved to adjourn to Tuesday, May 19,2009 at 7:00p.m. Motion carried 5-0. The Council meeting ended at 7:46 p.m. on Tuesday, May 5,2009. ~~xj . Gy: . y Clerk Kim Weckman Recording Secretary