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Home My WebLink About5.F.2. Approve Minutes of October 06, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, and Steve Clay present, Councilor Terry Joos was absent. Also present Mark McNeill, City Administrator; Jim Thomson, City Attorney; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director; Jamie Polley, Park, Recreation, and Natural Resources Director; and Craig Robson, Police Captain. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mark McNeill asked to defer to a future meeting 13 .A.1, Consider Policy on Sanitary Sewer Backup Damage Claims. Lehman/Clay moved to approve the agenda as amended. Motion carried 4-0. In the Mayor's Report Mayor Schmitt had nothing to report. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Clay/Heitzman moved to add to the Consent Agenda items 12.A., Parks and Recreation Independent Contractor Agreement and 12.B., Parks and Recreation Facility Usage Policy- Resolution No. 6948. Motion carried 4-0. Lehman/Heitzman moved to approve the'Consent Agenda as amended. Motion carried 4-0. Lehman/Heitzman moved to authorize the appropriate City officials to execute the Construction Cooperative Agreement for County Project No. CP 101-05 and authorize funding for this project to come from the City's State Aid Account. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6942; A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 2009 Bituminous Overlay, Project No. 2009-3, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6943, a Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 2009 Street Reconstruction, Project No. 2009-2, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6944, A Resolution Certifying Delinquent Storm Drainage Utility and Mowing Bills for Collection on the Tax Rolls Payable 2010, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the October 6, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to approve the purchase of electronic ticketing software and hardware using DWI forfeiture funds in the amount of $20,497.30. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to declare surplus property and authorize staff to appropriately dispose of the bicycles listed in the October 6,2009 memo from Sergeant Forberg. (CC Document No. 471) (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Veronica Giese from her position as paid-on-call firefighter with the Shakopee Fire Department. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Sean Zauhar from his position as a Police Officer with the Shakopee Police Department, effective October 12,2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Crystal Marks full-time, regular status as a Community Service Officer. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the promotion of Sgt. Chris Dellwo to the position of Captain, starting at Step D of Grade 10 of the City's 2009 Pay Plan for Full-TimeEmployees, and eligible for an increase to Step C upon completion of the required six-month probationary period. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6949, A Resolution Adopting a Drug and Alcohol Testing Policy for Commercial Drivers License Holders, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6945, A Resolution Amending the Pay Plan for Part- Time, Temporary and Seasonal Employees of the City of Shako pee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6946, a Resolution of Appreciation for Joseph P. Ries, and Resolution No. 6947, a Resolution of Appreciation for Mark D. Myers, and moved their adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of$793,298.43 and electronic transfers in the amount of$719,882.36 for a total of$1,513,180.79. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of September 15, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6940, A Resolution Amending Resolution No. 6847, A Resolution Adopting the 2009 Budget, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the October 6, 2009 Shakopee City Council Page -3- Lehman/Heitzman offered Resolution No. 6941, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application and grant a Tattoo License to Ryan Wilkinson, Body Art, 205 South Lewis Street, conditioned upon meeting all licensing requirements. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the proposed Parks and Recreation Independent Contractor Agreement. (Motion carried under the Consent Agenda) (CC Document No. 472) Lehman/Heitzman offered Resolution No. 6948, A Resolution Adopting a Parks and Recreation Facility Usage Policy for the City of Shakopee, and moved its adoption. (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. Mayor Schmitt asked for Liaison reports. Cncl. Lehman said he attended the Chamber and items discussed were the planning for Pumpkins in the Park. Also discussed was the planning session for the upcoming year and the budget. Cncl. Lehman said the Chamber has seen an 18% decrease in revenue from the lodging tax and memberships. Cncl. Clay attended the Transit Review Board Meeting. He said the Shakopee Park and Ride has about 250 daily riders. In order to get more ridership more buses and funding are needed. The Metropolitan Council will not allocate more money until ridership has increased. Cncl. Heitzman said he attended the Economic Development ad hoc committee meeting and the School Board meeting with nothing to report. Mark McNeill, City Administrator, presented Council with the Easement Encroachment Agreement for a location adjacent to 8051 Horizon Drive. Mr. McNeill said that at the September 1, 2009 Council meeting the encroachment agreement was discussed and sent back to staff for revisions. The current revisions include: term of the agreement to be set for 10 years; liability insurance cannot be provided, but a Hold Harmless and Indemnity provision is included in the language; the area must be kept in a reasonable condition, not inconsistent with the current natural state of the Park Property; and the remainder of the encroachment must be removed but allow the waterfall and related landscaping to remain. Mr. McNeill explained that the attorney for the applicant is presenting additional information to be included in the agreement relating to timing of the removal of the encroachment, a copy placed on the Council table. "In the event ofthe development of the land in question by the City, the City shall consider retaining the pond if its existence is consistent with the end usage of the property. Official Proceedings of the October 6, 2009 Shakopee City Council Page -4- "If notice is given by the City after September 1 st of any year ordering the encroachment to be removed, said encroachments shall be removed by June 1 st of the following year, providing that a minimum of sixty days' notice has been given. Otherwise, the encroachments shall be removed within 60 days; however, the City shall not unreasonable deny a request for an extension of the removal period due to unavoidable circumstances." Mr. McNeill said the usage fee of $2.50 per square foot, plus a $550 administrative fee has been proposed with the money going into the Park Reserve Fund. Lehman/Heitzman moved to authorize the encroachment to remain in place on Park 1, Horizon Heights, and authorized execution of an agreement for the encroachment adj acent to 8051 Horizon Drive, by and between the City of Shako pee, Linda Green and Richard Wett, including the information on the table regarding the timing of the removal of the encroachment. Discussion followed. Mr. McNeill asked if the specific date of September 1,2019 should be included in the agreement or if language stating 10 years is preferred. Cnc1. Lehman said he was fine with the language stating 10 years. Mayor Schmitt asked for a vote on the motion. Motion carried 3-1 with Cnc1. Clay opposed. Mayor Schmitt asked for any Council concerns or other business. Cncl. Lehman wished Cncl. Heitzman a Happy Birthday. Cnc1. Clay wanted it documented under Councilor Concerns that when the encroachment agreement which was just passed comes back to haunt the City, Cncl. Clay wanted it noted that he told you so. Mayor Schmitt reminded Council that SCALE is hosting the Metropolitan Council chairman and some ofthe staff at the Prior Lake City Hall this Friday morning and encouraged their attendance. Lehman/Heitzman moved to adjourn to Tuesday, October 20, 2009. Motion carried 4-0. The meeting adjourned at 7:33 p.m. ~~.~ G!ths. Cox City Clerk Kim Weckman Recording Secretary