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HomeMy WebLinkAbout5.F.2. Approval of Minutes: July 28, August 03, and 05, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 28, 2009 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; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Jamie Polley, Parks, Recreation and Natural Resources Director; Rick Coleman, Fire Chief; Tom Pitschneider, Fire Inspector; Jeff Tate, Police Chief; and Craig Robson, Police Captain. Also in attendance were Supervisors Tom Weckman, Paul Westveer, and Chris Brinkhaus of Jackson Township and LuAnne Lemke, Clerk, and Supervisors John Weckman, Kevin Theis, and Robert Pieper of Louisville Township. Mark McNeill, City Administrator, had everyone do introductions. He noted that this is the second of what may be six scheduled budget reviews and that the townships are always invited when the Park and Recreation and the Fire Department services are discussed. He said that the city is looking a little farther out and are looking at a second year budget as well as the 2010 budget. He then advised that Rick Coleman, Fire Chief, would be doing the budget presentation for the Fire Department. Chief Coleman read the fire department's mission statement and goals for 2010-2011. He said there are 46 paid on-call fire fighters which are down from 54 fire fighters in past years. Chief Coleman showed charts of the calls for service from 200 I to 2008 as well as by location. Charts were also displayed of call types by township. Chief Coleman said the wages and benefits increase for 2010 is 7.1 % and 0.87% for 2011. The supplies and services budget for 2010 has a decrease ofl0.17% and an increase of 1.84% in 2011. The total operation budget for 2010 is decreased by 3.04% and increased by 1.40% in 2011. Chief Coleman also gave a status report on. future fire stations as well as a station paging concept that will be implemented in 2010. (The Scott Street station will be moved to Vierling Drive by the swimming pool in 2012 and a third station will be located in Southbridge in 2014 or 2015.) Jamie Polley, Parks, Recreation and Natural Resources Director, presented the budgets for her department to the Council and township members. Ms. Polley first explained that the 2010 recreation fund will be moved to the general fund. She discussed the Park and Recreation mission statement and staffing. The 2009-2010 revenue budget will decrease by 4.7% and expenditures will increase by .08%. In 2010-2011 there would be a 3.4% revenue increase. The expenditure increase in 2010 is 0.8% and in 2011 there is an increase of 1.2%. Ms. Polley discussed budget improvement options that she is putting forward for discussion: improvement to the aquatics park in the amount of$12,000, $9,600 for the interior improvements of the Community Center, $20,000 for improvements to the exterior of the Community Center and $45,000 for the ice arena cooling tower replacement. Official Proceedings of the July 28, 2009 Shakopee City Council Page -2- Ms. Polley advised the township members that there isn't enough data information to discuss the new non-resident fee for townships that was implemented in 2009. She said next year she would have more comparison information for them. Ms. Polley presented the 2010-2013 Park Capital Improvement Plan (CIP). She explained that the interfund loan repayment (Huber Park improvements) and the slowdown in development, which affects park dedication, are factors affecting the CIP. She stated that up for council discussion are the interfund loan payback, prioritization of projects that need to be completed, transfer ofthe recreation fund balance and the assessment payback for parcel 75. Ms. Polley explained that the assessment was to be paid back from the park reserve CIP, but no time line was established. She said that payback options for the interfund loan were put together by the Finance Director, at the request of City Council. Mayor Schmitt suggested that the options be taken up at a later council meeting. Ms. Polley presented the Natural Resources budget. There is a decrease of 17.1 % for 2010 and 2011. Ms. Polley said that as part of the budget improvement option is for Council to reconsider the hiring of the Natural Resources Coordinator which has been vacant since November, 2008. Mayor Schmitt thanked the township members for attending the meeting. Lehman/Heitzman moved to recess for five minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:53 p.m. Chief Tate presented Council with the Police Department budget. Chief Tate discussed the police department's mission, expectations and the Police Services Master Planning Taskforce > goals. Chief Tate stated that there is an increase of 6.1 % due to the legal services added to the department budget for 2010 and in increase of 4.0% for 2011. Captain Robson presented Council with the Police Departments activity levels for 2008. Chief Tate addressed the three vacancies in the 2009 budget: Captain, CSO, and Records Technician. He stated that there are 47 sworn officers budgeted for 2009 and that there are currently 46, due to the recent resignation of Chief Hughes. He discussed the need and asked Council permission to begin the hiring process for a Captain and a Records Technician. Chief Tate said he would like these positions filled immediately. J oos/Clay moved to proceed with the hiring process to fill the vacant Captain and Records Technician positions. Motion carried 5-0. Mayor Schmitt asked if there were any Council concerns. Cncl. Heitzman asked what the status was for Tenth Avenue at Pierce and Clay Street. Cnc1. Heitzman asked ifrepairs were going to be made before the Derby Days parade on Sunday, August 2nd. Mr. McNeill said that temporary repairs are going to be made before the parade. CncL J oos reminded the viewing public of Shakopee Derby Days from July 30th - August 2nd and the Night to Unite on August 4,2009. Official Proceedings of the July 28,2009 Shakopee City Council Page -3- Lehman/Joos moved to adjourn to Monday, August 3,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 9:45 p.m. Gl~xJ ep City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA AUGUST 3, 2009 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; Judith S. Cox, City Clerk; Gregg V oxland, Finance Director; Bruce Loney, Public Works Director/City Engineer; Jeff Weyandt, Assistant City Engineer; and Mike Hullander, Public Works Superintendant. Bruce Loney, Public Works Director/City Engineer, gave an overview of the agenda for the Engineering and Public Works budgets by displaYing the structure of the division. Mr. Loney said the Engineering Department has a 10% decrease in the 20 1 0/20 11 budget due partially to a vacant Graduate Engineering position that will not be :filled. The Street Division has an increase of 1.09% for 2010 and 1.04% for 2011. The Fleet Management Division has a decrease of 3.6% for 201 0 due partially to eliminating the school employee program and a 1.11 % increase for 2011. Park Maintenance has an increase of 15% in 2010 because of the decrease of $200,000 in the rent for the Equipment Fund and an increase in the rent for the Park Asset Fund, authorized by Council earlier. In summary, Mr. Loney said the Public Works/Engineering budget for 2009 is $4.6 million. In 2010 thebudgetisestimated to be $4.7 million which is a 2.8% increase. Jeff Weyandt presented Council with the Engineering Department's 2010 Capital Improvement Program (CIP). Mr. Weyandt discussed the Overlay/Reconstruction 5 year proj ections from 2007 through 2012. Based on the report of what's been spent and what's projected to be spent it seems to be fairly accurate that we are staying right on target with a $117,000 under spend at the endof2012. Mr. Weyandt also showed a slide for the State Aid account. Mr. Weyandt said that in 2008 the City had roughly $3 million in the account. Given the current CIP project projections, at the end of2014 there will be $5.6 million in the State Aid account. Mr. Weyandt then discussed Sanitary Sewer Projects, Storm Sewer Projects, and Street Improvement Projects for 2010. Mike Hullander, Public Works Superintendant, presented Council with the 10 Year Equipment List for Police, Fire, Building Inspection, Engineering, Street, Park Maintenance, Recreation, Sewer and Storm Drainage. Mr. Hullander responded to questions from Council members. Kris Wilson, Assistant City Administrator, presented Council with the Facilities 2010/2011 budget. Ms. Wilson discussed the duties of the staff for the Facilities division. Due to a recent resignation the Facilities division will be down one person for 2010 with no plans to fill the position. Official Proceedings of the August 3, 2009 Shakopee City Council Page -2- Ms. Wilson presented Council with the Library and Congregate Dining budget. Ms. Wilson said the 2010/2011 budget is approximately the same as 2009 which the exception of the Congregate Dining. Ms. Wilson said that 2011, the City will be looking to relocate the Congregate Dining to a different location with lower rent. Ms. Wilson presented Council with the 2010/2011 Telecommunications Budget. Ms. Wilson stated that the Telecommunications budget is now partofthe administration department and was presented to Council in summary at the first budget meeting. At that time staff was asked to show the budget with revenues as well as expenditures. She explained that the 2010 budget shows a revenue of $295,500 and expenditures of$186,400 with a balance of$109,100 that is retained in the General Fund and contributes to the overall General Fund. Mark McNeill, City Administrator, advised Council that at the August 11,2009 meeting, staff will be looking for direction from Council with regard to the $272,000 2010 budget deficit. Staff will be providing Council will alternatives such as raising revenue or cutting expenditures. JooslLehman moved to adjourn to Wednesday, August 5, 2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 8:54 p.m. ~J~ J dith S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 5, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, Terry Joos and Steve Clay 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; Bruce Loney, Public Works Director/City Engineer; Jamie Polley, Park, Recreation, and Natural Resource Director; and Tom Pitschneider, Fire Inspector/Marshal. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said there were no changes to the agenda. J oos/Clay moved to approve the agenda as written. Motion carried 5-0. In the Mayor's Report, Mr. McNeill asked that 4.A., Certificate of Completion - Shakopee CER T be deferred to later in the meeting because some of the recipients had not arrived. Mayor Schmitt commented on the success of Derby Days. He received several good comments about Derby Days. He also thanked everyone who made Derby Days a success. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill said there were no changes or deletions. Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the consent business. Motion carried 5-0. Lehman/Heitzman moved to authorize staff to contract with Midwest Trenchless Technologies, Inc. for the television inspection of98,500 linear feet of sanitary sewer main at a cost of$0.33 per linear foot with funding to be expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Steve Quaday from the position of custodian, effective July 30, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Alison Burstein full-time regular status as a Police Records Technician. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to appoint Jennifer Boudreau to the position of Records Technician at Grade 3, Step E of the non-union pay plan, contingent upon successful completion of the required pre-employment screenings. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of$629,512.17 and electronic transfers in the amount of$401,815.02 for a total of$I,031,327.19. (Motion carried under the Consent Agenda) (A complete list of bills is posted on the bulletin board at city hall.) Official Proceedings of the August 5, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to approve the minutes of July 21,2009 and July 23,2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the applications and grant an on sale and Sunday on sale liquor license to Saba Group LLC dba panzanella Bistro, 1561 East 1 st Avenue, conditioned upon compliance with all licensing requirements of the City Code. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to speak on a matter that is not on the agenda. No one responded. Joos/Clay moved to open the Public Hearing on the proposed public improvements forthe Church Addition, Project No. 2009-7. Motion carried 5-0. Bruce Loney, Public Works Director/City Engineer, said that on June 16, 2009 the City Council ordered the preparation of a feasibility report to complete the improvements to the Church Addition Development. He explained that the developer has gone through bankruptcy and that there is no security available to complete the improvements. The total estimated project cost is $165,890.00. Mr. Loney said 100% of the project costs will be assessed to the undeveloped parcels within the Church Addition Development. He said that the 6.7 acre commercial parcel will be assessed $47,278.61 and that each of the 79 residential parcels will be assessed $1,501.41. MayorSchmitt asked ifthere was anyone who wished to speak at the public hearing. No one responded. . Joos/Heitzman moved to close the public hearing. .Motion carried 5-0. Joos/Lehman 1. offered Resolution No. 6923, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the Church Addition Improvements, Project No. 2009-7, and moved its adoption. 2. offered Resolution No. 6924, A Resolution Approving Plans and Specifications for the Church Addition Improvements, Project No. 2009-7, and moved its adoption. Motion carried 5-0. Joos/Lehman moved to open the public hearing on the proposed assessments for the Church Addition, Project No. 2009-7. Motion carried 5-0. Mr. Loney said the final project cost for the proposed improvements is $165,890.00 with 100% ofthe costs assessed to the undeveloped parcels within the Church Addition. The commercial property located adjacent to Kinlock Way will be assessed 28.5% ofthe improvements. The remaining costs will be assessed on a parcel basis to the 79 undeveloped townhome parcels. The assessment for the commercial property is $47,278.61. The assessment rate for the townhome parcels is $1,501.41 per parcel. The assessments will be spread over five years at an interest rate of5.75%. Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Official Proceedings of the August 5, 2009 Shakopee City Council Page -3- Lehman/Heitzman moved to close the public hearing. Motion carried 5-0. Lehman/Clay offered Resolution No. 6925, A Resolution Adopting Assessments for the Church Addition Improvements, Project No. 2009-7, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked for Council Liaison reports. Cncl. Clay commented the good turn out of Night to Unite. Cncl. Joos said he attended the Shakopee Public Utility Commission (SPUC) meeting. He discussed the water rate study a copy of which he gave to the Finance Director. He noted that SPUC will be participating in increases over the next five years. Cncl. Lehman attended the Derby Days Committee meeting. He said they received a lot of good feedback regarding the events that took place. He also commented on the Night to Unite and noted that it is a good crime prevention program. Cncl. Heitzman commented on Night to Unite. Jamie Polley, Park, Recreation and Natural Resource Director, explained that there are two encroachment appeals for Council to consider and that she would like to speak to them both. Ms. Polley said the encroachment at 6555 Hartley Boulevard is a fence and several landscaping features. The encroachment includes a fence that extends roughly 40 feet into the Park and Open Space area, landscaping structures, irrigation systems, gardens, and plantings. Ms. Polley said the property owner appealed the direction to remove the encroachments on park and open space to the Park and Recreation Advisory Board (PRAB) on June 22,2009. The PRAB made a motion directing the property owner to remove the above stated enrichments off of parkland. The property owner has requested the ability to appeal the PRAB' s decision to the City Council. Ms. Polley said the encroachment at 6569 Hartley Boulevard is a fence, play structure, and satellite installation. The fence extends into the Park and Open Space area roughly 25 feet on the north end of the property and 13 feet on the east side of the property. The property owner, appealed the direction to remove the encroachments on the park and open space to the PRAB on July 27,2009. The PRAB made a motion directing the property owner to remove the above stated encroachments off parkland. The property owner has requested the ability to 'appeal the PRAB' s decision to the City Council. Mikhail Bondarenko, 6555 Hartley Blvd, asked Council to reconsider the decision made by the PRAB to remove the fence and other items from the encroachment. Mr. Bondarenko said the area of encroachment is open space that is he has enhanced with his plantings and gardens. He also said there is no public access to the space and would like to be allowed to keep his fence where it is currently installed. Councilor Lehman noted that the major hurdle is that the park property is not accessible to the public due to the fence. Andrew Welna, 6569 Harley Blvd., asked Council to reconsider the decision made by the PRAB to remove his fence. He asked the Council to consider an encroachment agreement to avoid the cost of moving the fence. Official Proceedings of the August 5, 2009 Shakopee City Council Page -4- Councilor Joos noted that with public park land, a fence is not acceptable. In response to a question, Ms. Polley stated that grass and trees may stay within the park and open space encroachment, but that the grass is not mowed. Lehman/Clay moved to uphold the Park and Recreation Advisory Board's decision and require the removal of the encroachments within 60 days at 6555 Hartley Blvd. Motion carried 5-0. Clay/Heitzman moved to uphold the ParJ< and Recreation Advisory Board's decision and require the removal of the encroachment within 60 days at 6569 Hartley Blvd. Motion carried 5-0. Mr. Loney presented Council with the Approval of Change Order No.1 for the 2009 Bituminous Overlay, Project No. 2009-3. Mr. Loney said thatthis is a change order to add the Church Addition Improvements to the 2009 Bituminous Overly contract. The additional costs are within the 25% limit for a change order and the rest of the costs are indirect costs. The total amount of the change order is $120,068.50. Clay/Joos moved to authorize the appropriate City officials to execute Change Order No.1 for the 2009 Bituminous Overlay, Project No. 2009-3. Motion carried 5-0. Mr. Loney presented Council with the Developer's Agreement for the Extension of Hansen A venue from Crossings Boulevard to County Road 18, to be constructed by the Developer. Mr. Loneysaid per the agreement the developer will reimburse the City for 100 percent ofthe costs incurred by the City for design of the improvements. For construction of the improvements, the Developer will pay the engineering fees as set forth in the City's annual fee schedule. Mr. Loney advised that there would be a right-in/right-out fromHanson Boulevard onto County Road 18 and that there would be a right turn lane on County Road 18. Mr. Loney stated that the Developer, Steve Soltau, has no objection to the agreement and the cash escrow deposit will be used to pay the contractor. Clay/Joos moved to approve a Developer's Agreement with Shakopee Crossings Limited Partnership for the extension of Hansen Avenue from Crossings Boulevard to County Road 18. Motion carried 5-0. Lehman/Clay moved to recess for an executive session to discuss pending litigation and labor negotiation strategies. The meeting was recessed at 8:07 p.m. Mr. Thomson noted that the pending litigation relates to a dispute with the contractor for the 17th A venue sports complex building. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:40 p.m. and stated that no action was taken during the executive session. Official Proceedings of the August 5, 2009 Shakopee City Council Page -5- Lehman/Heitzman moved to accept the agreed upon settlement for the 17th A venue sports complex building liquidated damages and approved the payment of $52,500 to Gladstone Construction, Inc., retaining $47,207, upon receipt of the as-built plans and all closeout documentation. Motion carried 5-0. . Joos/Heitzman moved to adjourn to Tuesday, August 11,2009 for a budget work session. Motion carried 5-0. The meeting adjourned at 8:42 p.m. ~uili~Co~' 0- City Clerk Kim Weckman Recording Secretary