HomeMy WebLinkAbout7.F.2. Approve Minutes of August 22, August 29, & September 5, 2006
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 22, 2006
(Budget Work Session)
Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay,
Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark McNeill, City
Administrator; Gregg V oxland, Finance Manager; Judith S. Cox, City Clerk; Mark Themig,
Parks, Recreation and Facilities Director; Tom Pitschneider, Fire Inspector; and Rick Coleman,
1st Assistant Fire Chief. Also present were the following representatives of Jackson Township;
Chair, Don Hedlund; Supervisor, Chris Brinkhaus; and Clerk, Roselyn Menke. Representing
Louisville Township was Chair, John Weckman; Supervisor, Marion Schmidt, and Treasurer,
Eileen Theis.
Mayor Schmitt mentioned that the meeting started at 7:00 p.m. because the proposed 6:30 p.m.
start time was cancelled because the Council did not recess into an Executive Session as
previously planned.
Mayor Schmitt stated there were no consent items to consider.
Mayor Schmitt welcomed everyone from the Townships to the joint session. He asked that
everyone go around the table and introduce themselves.
Gregg Voxland presented three items for discussion between the Townships and the City that
have an impact on the 2007 budget.
1. Hourly wages paid for training have grown in recent years and this has not been
recognized in the cost allocated to the Townships share.
2. The Sprinsted cost allocation study identified a general overhead rate for 15% for all
billable or direct service activities.
3. In the Guidelines for Minnesota Fire Protection Contracts published by the
FirelEMS/Safety Center, three factors are identified for use in charging for fire service
contracts. The three factors are property value, population and service calls.
Mr. Voxland stated that the Fire Department's budget request for 2007 included a full-time
secretary and officer salary increase, an increase in equipment and protective gear, shop labor for
vehicle maintenance and repairs, and switching to 800 MHz radio system.
First Assistant Chief Rick Coleman identified the changes that are being proposed for 2007. He
addressed the need for a full-time secretary to organize the Fire Department's paperwork with
regard to federal regulations and Homeland Security regulations, as well as billing duties.
Mr. Coleman also discussed the budget increase due to the 800 MHz radio system, the joint
training facility for Scott County, a new rescue truck, shop labor for repairs to the Fire
Departmentvehicles, and a card reader entry system at fire station on Vierling Drive and new
tumblers in the locks at the fire station on Scott Street.
Official Proceedings of the August 22, 2006
Shakopee City Council Page -2-
The billing issue was addressed because the Townships feel that it takes to long for the City to
send out bills for fire calls. Cncl. Joos feels that the secretarial position and the billing process
could be eliminated if everyone could arrive at a number in the per capita spending per
government unit. The billing could be based on a per-person basis based on each township.
Cncl. Jooswould like to see the process simplified and feels it could be achieved by this.
Mr. V oxland explained the valuation process determined by the state and how that process plays
into determining what each of the townships has to pay to the city.
Cncl. Joos asked the township members if they feel they are getting the fire service they pay for.
He also asked if they are satisfied with the services. All members agreed that they are getting the
service they pay for and are happy with the service.
Marion Schmidt left to go to another meeting.
Mark Themig presented the Parks, Recreation and Facilities Recreation Fund Operating Budget
Request for 2007. Mr. Themig highlighted what categories of the Recreation Fund that affect the
Townships. Those categories are Recreation Programs, Parks and Park Development, Natural
Resources, Facilities, Subdivision Development, and Administration.
Mr. Themig discussed the following:
Comprehensive Park Plan Update:
. Analysis of future land and resource needs.
. Determining locations for future parks.
. Funding replacement costs.
Fee Study:
. Cost of services.
. Fee analysis
Community Center Future and Prioritization of Services:
. What services the City should provide.
. What services the City can partner with others.
. What services other businesses or agencies should provide.
Mr. Themig then discussed the projected 2007 Recreation Fund Operating Budget. Overall, the
Recreation Fund's base budget shows a projected increase in revenue of $49,780 (5.18%), and an
increase in expenditures of $9,340 (0.42%). The General Fund balance transfer is projected to
decrease $40,440 (-3.14%).
Mr. Themig stated that the City is estimating approximately $13,500 from Louisville and
Jackson Township which is not much different than the past year. Mr. Themig responded to
questions.
The members of Louisville Township and Jackson Township exited the meeting.
Official Proceedings of the August 22, 2006
Shakopee City Council Page -3-
Lehman/Joos moved for a recess at 8:15 p.m. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 8:25 p.m.
Mr. Themig presented the Council with the 2007-2011 Parks ClP Overview:
. Establish timelines and funding for major park improvement projects.
. Cost estimate based on best available infonnation at the time.
. Most projects include 25% Design/Engineering and Construction Administration Factor.
. Actual project costs would be detennined through detailed design process with
community involvement.
. Ability to implement projects identified in the ClP will be contingent ,on park dedication
revenue.
Mr. Themig then went into detail on timelines, costs/construction for the following parks:
. Huber Park and Riverfront Redevelopment
. 17th A venue Sports Complex
. Quarry Lake Park
. Lions Park Improvements
. Southbridge Park and Trail Development
. Dean Lakes/Southbridge Trail and Bridge
. Glacier Estates Neighborhood Park
. Off-Leash Dog Area
. Park Signage
. WestchesterIProvidence Point Park
. Greenfield EastlPark Meadows Park
. O'Dowd Park Improvements
. CR. 79 Trail Construction ,
. Premier/Horizon Heights Park
. Riverside Bluffs
. Bluffs at Marystown
. Kilarney Hills Park
. Prairie Village, Prior Lake/Spring Lake Greenway Corridor/Riverview Park Parking Lot
. Shutrop Community Park/Community Sports ComplexlHigh School Field Lighting
. Small Imporvement Proj ects
. Aquatic Park Improvements
Mr. Themig then discussed the 2007 Operating Budget for Government Buildings. Total
Expenditures are estimated at $670,150 with the primary increase in wages and rent. Mr.
Themig also stated that there is a need for a multi-zone rooftop HV AC Unit for City Hall at a
cost of$llO,OOO and a $3,400 air exchanger needed at 200 Levee Drive.
Mayor Schmitt asked ifthere was any other business to discuss. Cncl. Joos discussed the
Conditional Use Pennit allowing access onto County Road 17 the Planning Commission
approved for the. New Hope Baptist Church. Cncl. Joos is very concerned about traffic problems
Official Proceedings of the August 22, 2006
Shakopee City Council Page -4-
that will occur with that access. Cncl. Joos asked if it was possible for the Council to review the
CUP.
Joos/Lehman moved for the City Council to review the Conditional Use Permit for New Hope
Baptist Church on County Road 17. Motion carried 5-0
Cncl. Clay would like to bring back for discussion the final plat for Southbridge Fields for
Shakopee Crossings to the August 29, 2006 Council meeting, specifically the right in/right out,
the trail along 18, and the sidewalk along the pool.
Clay/Menden moved to suspend the rules and reconsider the conditions for Southbridge Fields
Addition for Shakopee Crossings at the August 29,2006 City Council Meeting. Motion carried
5-0.
Menden/Joos moved to adjourn to Tuesday, August 29, 2006 at 6:30 p.m. Motion carried 5,..0.
Meeting adjourned at 10:00 p.m.
...L1i d, ct-
U~th S. Cox
City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 29, 2006
(Budget Work Session)
Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay,
Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; R. Michael
Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer;
Gregg Voxland, Finance Director; Dan Hughes, Chief of Police; Jeff Tate, Police Captain; Mark
Themig, Parks, Recreation and Facilities Director; Mike Hullander, Public Works Supervisor;
and Ed Schwaesdall, Fire Chief.
Mayor Schmitt mentioned that the meeting started at 7:00 p.m. because the proposed 6:30 p.m.
start time was cancelled because the Council did not recess into an Executive Session as
previously planned.
Mayor Schmitt stated there were no consent items to consider.
Mayor Schmitt asked if there are any additions or deletions to the agenda. Mark McNeill stated
he would like to add under Other Business the authorization to hire a Public Works Secretary.
ClaylMenden moved to approve the amended agenda. Motion carried 5-0.
Gregg V oxland presented the Council with a summarization of the 2007 General Fund budget
and tax levy and also asked Council to give staff direction on the proposed maximum tax levy.
Mr. Voxland stated that September 15,2006 is the last day to certify ofthe maximum tax levy
for 2007. After that date the tax levy can be reduced but not increased.
Mr. Voxland provided Council with Shakopee's tax rate history from 2002 (33.976) through
2006 (30.974). Mr. V oxland also provided a comparison of rates in Scott County for pay 2006:
for Shakopee (30.974), Prior Lake (31.305), Savage (46.489), Jordan (50.786) and Belle Plaine
(54.983).
Cncl. Clay had previously asked Mr. Voxland for comparison rates with surrounding Cities. Mr.
Voxland provided infonnationfor Chaska (20.135), Chanhassen (26.638) and Eden Prairie
(28.562). Mr. Voxland stated that it was difficult to compare rates with other cities. For
example Chaska received more money from the utility company and Chanhassen does not have a
police department because they contract their police services with the Carver County Sheriff s
Office.
Mr. Voxland stated that the Council has reviewed the budget requests for 2007. The budget
requests reflect an increase of 13.5%.
Mr. V oxland said that the building permit revenue is projected to be approximately $1.3 million
less in 2007 than the 2006 budget. The current tax rate is 30.974. If Council decides to replace
the $1.3. million, the tax rate would be 34.668 with a transfer in of $1.6 million. This means that
Official Proceedings of the August 29, 2006
Shakopee City Council Page -2-
nothing would need to be cut from the budget. If the tax rate was increased by one point
(31.974) there would still need to be several cuts from the budget totaling $489,123. If the tax
rate increased 2.774 (32.774) budget cut totals would be $215,800. Mr. Voxland explained that
the next action for City Council is to certify the maximum tax levy for 2007 to the County by
September 15th.
Councilors Lehman and Menden were not in support of increasing the tax rate to 34.668.
Councilor Ioos suggested setting the tax rate at 34.668 at this time and work on making cuts
prior to the Truth in Taxation hearing in December.
Clay/Ioos moved to tentatively set the budget tax levy for 2007 at a rate of 34.668 and work on
the budget bringing it down to 32.774 by the time of the Truth in Taxation hearing. Discussion
followed.
Cncl. Menden doesn't feel that the Council should set the rate at 34.668 and then work toward
lowering it. He feels that the rate should be set lower if all of the Council has acknowledged that
they don't want the rate set at34.668.
Cncl. Ioos said setting the tax rate at the maximum and having time to consider everything
discussed would allow the Council the flexibility to lower the rate in the future.
Cncl. Menden felt the tax rate should be set at 33.668 as the maximum tax rate with the
understanding that future discussion would occur on what cuts, if any, would take place.
Mayor Schmitt stated the motion was still on the table and asked for a vote. Motion denied 4-1
with Councilor's Schmitt, Lehman, Menden and Clay dissenting.
MendenlLehman moved to set the maximum tax rate at 33.668. Motioned carried 5-0.
Mayor Schmitt then asked what budget direction Council would like to give staff with the
maximum tax rate set at 33.668. Cncl. Leh!nan stated that he would like the City to be asstable
as possible which means that staff would need to decide what cuts need to be made. Mr.
McNeill asked Council to give more specifics as to what they would like to see cut from the
budget.
Cncl. Ioos does not want to see the Congregate Dining, Sesquicentennial, and Seal Coating cut
from the budget. He feels the Secretary for the Fire Department could be cut because the Fire
Department does not have a full-time Fire Chief. Cnc!. Ioos would also postpone the hiring of
two of the four police officers requested. Cncl. Ioos would also move the VOIP for the fire
station to the Telecommunications budget.
Cncl. Menden and Cncl. Clay said they would like the Council to really strive for a tax rate of
32.774 and the cuts that would accommodate that tax rate.
Mr. McNeill clarified what Council would like staff to, strive for in the 2007 General Fund
budget. The tax rate was set at 33.668. Staff has been given further direction to find ways to
Official Proceedings of the August 29, 2006
Shakopee City Council Page -3-
reduce the rate of33.668 closer to 32.774 or lower. Mr. McNeill also clarified that staff should
continue to proceed with the hiring of the one-halftime Communications Coordinator,
Recreation Superintendent, and the part time Accessibility Coordinator that are scheduled to be
hired in 2006. Council members agreed.
Mayor Schmitt stated that he would like recommendations for budget reductions by November
1 st.
Menden/Clay moved for a five minute recess at 8:48 p.m. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 9:00 p.m.
Gregg V oxland presented Council with a list of requested capital equipment items for 2007 and
projected items for 2008-2011 that are to be purchased from the Equipment Internal Service
Fund. Mr. V oxland provided a list of eight items that need to be replaced in 2007. They are as
follows:
1. Squad cars being replaced will be cycled down and the worst cars in the fleet sold.
2. 1999 Malibu - Police Department replacement requested but at the ranking of four.
Council should consider pushing replacement back one year.
3. 1999 Dodge - Fire Department replacement and current truck cycled down out of
front line service.
4. Street division is requesting to replace the 1995 Ford dump truck. Council h,as
already authorized the early purchase of a replacement truck.
5. Street division is requesting to replace the 1990 front end loader. With a ranking of a
four, Council should consider pushing replacement back one year.
6. Park division is requesting replacement ofa 1997 Toro mower.
7. Recreation is requesting replacement of the 1996 ice resurfacer. Council should
consider pushing replacement back one year.
8. Storm Drainage is requesting replacement of the 1992 jetter. Council has already
authorized the early purchase of a replacement truck.
Clay/Menden moved to approve the 2007 recommendations for purchases from the 2007-2011
Equipment List. Motioned carried 5-0.
Mr. V oxland asked if it was okay to add the skid steer and large mower in Park for 2007. There
was consensus to leave them in for 2007.
Mark Themig addressed Council regarding the Mn/DOT Parcel 75 outstanding special
assessments. Mn/DOT was assessed for 35.89 acres of the 50 acre parcel. The developer was
assessed the remainder. The outstanding assessment is $368,000 and there is an additional
$117,000 in accumulated interest.
Mr. Themig pointed out two options to resolve the outstanding assessments.
Official Proceedings of the August 29, 2006
Shakopee City Council Page -4-
1. Modify the proposed CIP to include funding for the assessment and/or interest from the
Park Reserve fund. Paying the base assessment of $368,000 from the Park Reserve, in
addition to the $500,000 allocation for the river bank stabilization, would result in the
delay in at least one project. Delaying Killarney Hills Park ($437,500) from 2009 to
2010 would have the least impact and would ensure a positive end-of-the-year fund
balance until 2011.
2. Write-off the assessment, since the bonds have been paid in full. However, assessments
and interest from early payments are a primary source of funding for the CIF.
There was consensus of Council members that Option 1 would be the best solution; the $368,000
as part of the acquisition cost to come out of the Park Reserve Fund.
Gregg Voxland asked Council ifhe should include a Truth in Taxation insert to go out with the
tax notices that will be sent out in the middle of November in preparation of a Truth in Taxation
hearing. Mr. Voxland provided the example of what was sent out last year. Council conquered
that the insert should be sent out with the current year revisions.
Gregg Voxlandprovided Council with the 2007-2011 CIP Municipal Projects. It was Council's
consensus that the project sheet looked good and to continue with it.
Michael Leek presented council with the Final Plat of Southbridge Fields Addition. He stated
that at the August 22, 2006 meeting Council requested staff to place the final plat of Southbridge
Fields on the August 29th Council agenda. Specifically, the Council wished to discuss the
conditions noted in the resolution of the final plat and determine whether there should be
revisions to several of the conditions, one of which relates to the limitation on access to a right-in
only condition.
If Council approves the final plat with a right-in/right-out access, staff asks that Council reinstate
the verbiage previously deleted that states that the applicant or future businesses are responsible
for future costs incurred in making improvements or modifications to Crossings Boulevard.
Second, it was not clear from Council's initial action whether it intended to delete the four foot
trail on the west side of the private drive.
Mr. Steve Soltau, applicant of Southbridge Fields Addition, advised Council that it was his
understanding from the previous meeting that he was to provide an 8 foot trail located on County
Road 18 and that the 4 foot sidewalk was eliminated from the project.
Cncl. Lehman stated he would like the wording changed in the ILP to read ... costs of any future
closing of the right-out access.
Joos/Clay offered Resolution 6469, a Resolution Approving the Final Plat of Southbridge Fields
Addition, subject to the conditions excluding the second half of condition M, which would
eliminate the sidewalk on one-side of the second western access to the internal street, which
Official Proceedings of the August 29, 2006
Shakopee City Council Page -5-
provides access to all proposed lots, to be build at the time of street construction. Also to change
the wording in ILP to "right-out" access. Discussion followed.
Mayor Schmitt and Cncl. Menden feel that the 4' sidewalk along the second western access
should be included to provide a safe access for pedestrians to gain access to the commercial
property.
Mayor Schmitt stated that the motion was on the table and asked for a vote. Motion carried 3-2
with Mayor Schmitt and Cncl. Menden dissenting.
Kris Wilson presented Council with authorization to hire a Pubic Works Secretary. Ms. Wilson
stated that interviews were conducted and it was of staffs opinion that Lisa Jeurissen is the most
qualified candidate.
Joos/Menden moved to authorize hiring Lisa Jeurissen for the position of Public Works
Secretary at Grade 4, Step C ofthe 2006 City Pay Plan, contingent on the successful completion
of the City's required pre-employment screenings. Motion carried 5-0.
Joos/Menden moved to adjourn to Tuesday, September 5, 2006 at 6:30 p.m. Motioned carried
5-0.
Meeting adjourned at 10:40 p.m.
WA~~
J dith S. Cox
City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA September 05, 2006
Mayor John Schmitt called the meeting to order at 6:30 p.m. with Council members Steve Clay,
Terry Joos, Steve Menden, Matt Lehman present. Also present were Mark McNeill, City
Administrator; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; R. Michael
Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer;
Gregg V oxland, Finance Director; Mark Themig, Parks, Recreation and Facilities Director; Brian
Shirley, substituting for the City Attorney; and Dan Hughes, Chief of Police.
Lehman/Joos moved to recess for an Executive Session for the purpose of discussing on going
litigation. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 7:53 p.m. No action was taken during the Excutive
Seeesion.
The Pledge of Allegiance was cited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Cncl. Joos added
15.C.l, the Huber Park Sewer/Water main issue. Mr. McNeill deleted 15.D.2, CSAH 18 Park
and Ride Cost Sharing Agreement.
Menden/Joos moved to approve the Agenda as amended. Motion carried 5-0.
Mayor Schmitt decided to pass on the Mayor's Report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr.
McNeill removed 7.C.2, Award Contract for the I ih Avenue Sports Complex Building, Project
No. PR2005-2, Resolution No. 6471, from consent. Mr. McNeill also removed 7.D.l, Final Plat
,for Riverside Bluffs located north ofCSAH 16 and Horizon Dr. - Res. 6477, from consent.
Cncl. Lehman asked that 15 .E.l, Authorization to Hire Firefighters, be placed on the Consent
Agenda.
LehmanlMenden moved to 'approve the Consent Agenda as amended. Mr. McNeill read the
consent items. Motion carried 5-0.
Lehman/Mendenmoved approving the Stipulation of Settlement as to Parcel No.4 for City of
Shakopee Road Right-of-Way Plat No.3, which authorizes the payment of award to
Amalgamated Land Com~any and ends action of the condemnation proceedings for acquisition
of right of way for the 1 i Avenue Project. (Motion carried under the Consent Agenda)
LehmanlMenden offered Resolution No. 6484, a Resolution Approving a Wetland Replacement
Plan for Valleyfair Amusement Park, and moved its adoption. (Motion carried under the Consent
Agenda)
Official Proceedings of the September 05, 2006
Shakopee City Council Page -2-
Lehman/Menden moved to authorize a contract increase from $33,773.00 to $42,033.00, for
WSB & Asccociates for the Pike Lake Road Wetland Mitigation Project. (Motion carried under
the Consent Agenda)
Lehman/Menden moved to approve a suspension of City Code Sec. 1060, Noise Elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Homes by Chase,
Inc. for Riverside Bluffs for Saturdays from 8:00 a.m. to 5:30 p.m. conditioned upon minimizing
noise exposure near residential areas and if residential complaints are received by the City, the
suspension can be revoked at the discretion of the City Engineer; and, directed staff to publish
notice of the suspension terms with the conditions. (Motion carried under the Consent Agenda)
Lehman/Menden moved to approve the Schematic Design for the park in Glacier Estates and
authorize the preparation of construction documents. (Motion carried under the Consent
Agenda)
Lehman/Menden offered Resolution 6478, a Resolution Setting the Public Hearing Date to
Consider the Vacation of Easement for Property in Dean Lakes 4th Addition, and moved its
adoption. (Motion carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6479, Approving the Annexation of Property from
Jackson Township, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Menden moved to accept Kathleen Siercks' resignation, and authorize the Shakopee
Police Civil Service Commission to continue the testing process to fill the vacant police officer
position. (Motion carried under the Consent Agenda)
Lelunan/Menden moved to accept, with regret, the resignation of Blaine Witwicke and Paul
Tessmer from their positions as paid-on-call firefighters with the Shakopee Fire Department.
(Motion carried under the Consent Agenda)
Lehman/Menden moved to authorize the retention of Trevor Geis, Nate Theis, and Tom
Breeggemann as Firefighters for the City of Shakopee. (Motion carried under the Consent
Agenda)
Lehman/Menden moved to approve the job description for the position of Maintenance
Supervisor - Facility Operations and authorize the promotion of Facility Maintenance Lead
Worker Duane Toenyan to the new position at Step D of Grade 7 of the City's Pay Plan,
effective September 18,2006. (Motion carried under the Consent Agenda) (CC Document No.
421)
Lehman/Menden moved to authorize hiring Matthew Hjermstad for the position of Maintenance
Operator, at Step 1 of the union contract ($17.219 per hour), contingent on the successful
completion of the City's required pre-employment screenings. (Motion carried under the
Consent Agenda)
...__._-----~-_.._._..~....- .-.... -....-.. -.-.---.......- ..._--_........__..__..-..._-----------.~..-. -..-..... .----_......... ..._~............_._._._..._.................... ......_-, ..._. _. ............____......____.w~........__.~____.. ......__.._... ..........._ ....__.. .._..__n'" .. .._.
Official Proceedings of the September 05, 2006
Shakopee City Council Page -3-
Lehman/Menden offered Resolution 6476, A Resolution Amending Resolution No. 6338 Which
Adopted the 2006 Pay Schedule for the Officers and Non-Union Employees of the City of
Shakopee, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Menden moved to approve the bills in the amount of$895,323.15. (Motion carried
under the Consent Agenda)
Lehman/Menden moved to approve the Minutes of the July 18, July 19, July 25, August 2, and
August 8, 2006 meetings. (Motion carried under the Consent Agenda)
LehmanlMenden offered Resolution No. 6482, A Resolution Ap~ortioning Assessments Among
New Parcels Created as a Result of the Platting of Dean Lakes 4t Addition, and moved its
adoption. (Motion carried under the Consent Agenda)
Lehman/Menden moved to receive and file the September updates of the Two Year Goals and
Action Plans. (Motion carried under the Consent Agenda)
Lehman/Menden offered Resolution No. 6483, AResolution of the City of Shakopee,
Designating the Acting City Administrator, and moved its adoption. (Motion carried under the
Consent Agenda)
LehmanJMenden offered Resolution No. 6475, A Resolution Canceling Debt Service Levy for
2006/07, and moved its adoption. (Motion carried under the Consent Agenda)
.................... ...... .....".-.-.-. .... ....- .............. ........,........-.............-.. .............-....-....-. ..................-.."".............. ..... ..._...... .... . ....-.*..-....-.............-.........-.........-..........................
LehmanJMenden moved to declare the following property as surplus:
City Vehicles
1992 Ford Dump Truck 1FDYK82A3NV21917
1998 GMC3500 HD 1GDKC34FXWF065505
2000 Ford Crown Victoria 2F AFP71 WXYX168586
2000 Ford Crown Victoria 2FAFP71W3YX168588
(Motion carried under the Consent Agenda)
Lehman/Menden moved to authorize hiring Robert Indrebo, Shawn Remme, John Clay, Paul
Dressen and Brian Theis as paid-an-call firefighters. (Motion carried under the Consent Agenda
with Cncl. Clay abstaining)
Mayor Schmitt asked if there was anyone who wished to discuss an item not on the agenda. No
one responsed.
Mark Themig presented the council with the re-bid for the 17th A venue Sports Complex building.
Mr. Themig stated that the design ofthe building will provide restrooms, concessions, meeting
space, storage, and mechanical controls for the Complex. In the spring of2005 the City Council
rejected the bids for being over budget. The low bid at that time was $528,500.
... ....._ ...__.".____...~__......_........_._._.. .._._........._..._...,........_...._._..,._.............____............_-..-_:_..'_.... ............... .......~.... ...._._...._.._ ...._........_ ._n......_._.........._...-.... ............._. ..._.....__... .._............___.__....._.___.____._.._._........_._. .-.._..._...... ...... ..--.-......."'"...-..-....-....... ..-.-.. .--. .
Official Proceedings of the September 05, 2006
Shakopee City Council Page -4-
Ten contractors submitted bids on the new design. The low base bid was $593,000. The low bid
is approximately 20% over the engineer's estimate. Mr. Themig stated that the Council needs to
consider the following options:
. Reject all bids and delete the project
. Rej ect all bids and redesign by changing from commercial to residential grade and
eliminating building component functions
. A ward the contract and allocate additional funding
Mr. Themig stated that the Park and Recreation Advisory Board would like the shade structure
(Alternate 4) for $7,000.
Cncl. Menden asked why the shade structure is a necessity at the Complex. Mr. Themig stated
that the Complex is a large open site and the shade structure would provide shade and a relief
spot for soccer players on hot days. Mr. Themig also stated that the shade structure is a fabric
shade structure and is very durable. The shade structure would be taken down in the winter and
put back up in the spring.
Mayor Schmitt suggested cutting the cost of the project by providing the shade structure and
leaving the office and storage room out of the project. Mr. Themig stated that if the Council
would like to re-bid the project his recommendation would also be to eliminate the storage and
the office building. Mr. Themig did say that the concession and storage space would then need
,,_ "" "tQ,9~,lJ~~4JQ:rJb~.~1~g.t.:ri9~19QgtrQl1)JbJlt!l:r~pl3J1.QfJh~.hlJUdil1g,at;ld..futwe.field lighting."
Cncl. Menden asked what the cost would be to re-bid the project to remove the items suggested.
Mr. Themig stated that the re-design last time was approximately $10,000.
Cncl. Clay said that the previous bid from 2005 was a better design but was rejected due to cost.
Now the project has been re-designed and at a much hire cost than the 2005 bid. Cncl' Clay
believes that if the project were re-bid the cost of the re-bid may be hirer than the project
presented. Cncl. Clay stated he would like to move forward with the project at the cost
presented.
Menden/Clay offered Resolution No. 6471, A Resolution Accepting Bids for Construction of the
17th Avenue Sports Complex Building, Project No. PR2005-2, and moved its adoption, awarding
the low bid to Gladstone Construction including Alternate 4 for the shade structure for
$7,000.00. Discussion followed.
Cncl. Menden conquered with Cnel. Clay that awarding the bid now is more cost effective than
trying to re-bid to eut the costs and risk the increased costs of construction.
Mayor Schmitt asked for a vote on the motion. Motion failed 3-2 with Cncl. Joos, Lehman, and
Mayor Schmitt dissenting.
J oos/Lehman moved to table the soccer complex building for further discussion until September
19,2006. Motion carried 5-0.
Official Proceedings of the September 05, 2006
Shakopee City Council Page -5-
Mr. Leek presented the Council with the Final Plat of Riverside Bluffs. Mr. Leek stated that this
item was removed from the Consent Agenda because there was a member in the audience that
had some concerns approving the plat. Mr. Leek said that on July 6, 2006 Homes by Chase
submitted an application for fmal plat approval. The plat consists of 65 single family homes and
an out-lot on 58 acres.
Mr. Leekdiscussed woodland management for this property because there have been many trees
that were taken out on this property. Mr. Leek stated that the City does not have a Woodland
Preservation Ordinance but a Woodland Management Ordinance. When the Woodland
Management plan was originally proposed there were about 100 trees that were proposed to be
saved on the site. They were in connection with the Prior Lake outlet channel. The majority of
the trees that were inventoried on the site were elm and box elder. Under the rating system of the
Ordinance those trees are considered low quality woodlands. The replacement value was
developed on the bases of that classification. The specific replacement called for in this project
is 464 trees as a part of this project.
Bill Pritchard, who is the Vice President of Land Development for Homes By Chase, wasn't
aware that the Final Plat Resolution was going to be discussed. Mr. Pritchard stated that he
agrees with the conditions outlined in staff's report.
Fatima Franzen, 1830 Switchgrass Lane, which is part of Riverside Fields Second Addition,
addressed the Council with concerns with the Riverside Bluffs projects as well as Ryland
Homes. Mrs. Franzen had handouts for the Council members that she gave to the City Clerk to
distribute. Mrs. Franzen's concerns are that Ryland Homes failed to share information with her
and her husband regarding the Riverside Buffs site map when they were looking for lots in the
Riverside Field's Second Addition in October 2005. Mrs. Franzen believes they paid a premium
price for a lot and they were not told of the future site of Riverside Bluff's and the proximity it
would be to their home when in fact the preliminary plat was approved in September 2005. Mrs.
Franzen believes that Ryland Homes was dishonest with them when they purchased their lot in
October 2005.
Mayor Schmitt stated that Mrs. Franzen would need to speak to an attorney and or the Attorney
General's Office regarding her concerns with Ryland homes. Cncl. Lehman shared his thoughts
with Mrs. Franzen of researching documents herself with the City and the County and not just
relying on a builder/developer for current information.
Joos/Clay offered Resolution No. 6477, a Resolution Approving the Final Plat for Riverside
Bluffs, and moved its adoption. Motion carried 5-0.
Mayor Schmitt asked for the Liaison Reports. Cncl. Lehman said that he attended the Chamber
meeting. The discussion was regarding the dollars that would be brought in if the Constitutional
Amendment passes, they may be designated to. transportation and the Chamber is supporting that
decision. Also, it was recommended to the Policy Committee to look at the City Sign Ordinance.
Official Proceedings of the September 05,2006
Shakopee City Council Page -6-
Cncl. Menden attended a School Board meeting. One of the topics discussed was that there was
some discussion about possible additions to the Community Center in the form of hockey rooms.
Cncl. Menden said that Superintendent McBroom would be contacting staff to discuss what
direction the City plans on going with regard to the Community Center.
Cncl. Joos attended the Utility Commission meeting. Cncl. Joos said that there was another
presentation on WiFi.
Cncl. Clay attended the Transit Board meeting. The Southbridge Park and Ride seems to be
moving ahead. Land has been purchased for the project and Mn/DOT has approved $950,000
for the $4.5 million dollar project.
LehmanlMenden moved for a recess. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 9: 15 p.m.
Bruce Loney presented Council with bids for a contract for the 2006 CIPP project. The project
includes using a trenchless technology to rehabilitate the sanitary sewer on Monroe, Madison,
Jefferson and Quincy Streets between 11th and 12th A venue. The low bidder was Insituform
Technologies USA, Inc. with a bid of$105,066.00. The Engineers estimate for the project is
$140,000.00.
LehmanlMendenoffered Resolution 6481, A Resolution Accepting Bids on the 2006 CIPP,
Project No. 2006-8, 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 5-0.
Bruce Loney presented Council with bids for a contract for the Pheasant Run Storm Sewer
Improvements. The low bidder is Chambers Excavating and Trucking Inc. with a bid of
$52,905.40. There were seven bidders. The Engineers estimate is $140,000.00. Mr. Loney
provided pictures to Council of the easement where the storm sewer will be constructed.
Mr. Loney also advised the Council that this project will be difficult due to the number of
easement encroachments by the adjacent property owners. Retaining walls, gardens, fences,
sprinkler systems, trees and other miscellaneous landscaping items are located within the
existing easements. Mr. Loney stated that City Staff has had meetings with the residents affected
by the project and informed them that the City will restore their property to the same condition.
Mr. Loney stated that at a future date the Council, will need to consider whether the City should
pay for restorations for encroachments in the right-of-way or easements.
Joos/Menden offered Resolution No. 6480, A Resolution Accepting Bids on the Pheasant Run
Storm Sewer Improvements, Project No. 2006-7, and moved its adoption; and approved a 5%
contingency amount on this project for the use by the City Engineer in authorizing change orders
or quantity adjustments on this project; and authorized an extension agreement with WSB &
Associates, Inc. to perform construction services on this project. Motion carried 5-0.
Official Proceedings of the September 05, 2006
Shakopee City Council Page -7-
Mark Themig presented to Council an issue the City is having with the water main extension
installation in the Huber Park project. A water main is being installed in the Huber Park project
to meet the Shakopee Public Utilities looping requirements. As part of the design of the project
and following SPUC's looping requirement, the water main was extended up Fillmore Street to
Hwy 101 at a cost of over $50,000.
The City was notified earlier this year that the design conflicted with the sanitary sewer that
comes down Hwy 101. The issues involve providing 18 inches of separation between the
sanitary sewer line and the water main and SPUC's minimum 7.5' requirement for coverage.
The City's engineer had conversations with SPUC that the design would not meet SPUC's
design standards which are based on the City Engineer's Association of Minnesota (CEAM)
guidelines because SPUC's interpretation of the guidelines is that the sewer pipe must be
replaced with water quality pipe in this situation. ,
Mr. Themig provided a graphic picture of the original plan. The plan shows the water main that
comes up Fillmore Street to the sanitary sewer line. It then dips down 18 inches and goes
underneath the sanitary sewer line and comes back up and connects into the water main. The
issue is that the water main is on one side ofHwy 101 and that sanitary sewer is on the other side
ofHwy 101 which creates another problem because the County will not allow Hwy 101 to be
shut down to complete the project.
The design was approved by the Department of Health and the City has a permit to do the
construction as planned. What SPUC has read into the guidelines is that if you go underneath a
sanitary sewer line no matter how deep it iS,the s,anitary sewer line has to be replaced with water
main quality pipe.
Mr. Themig said there are three options to deal with this problem. The first is to construct it as it
was designed and bid, which is 18 inches under the sewer main but does not meet SPUC's
guidelines. The second is to redesign and to install the water main over the sewer main with 18
inches of separation, with 6.71' of coverage for the water main. The line would need to be
insulated but again it doesn't meet SPUC's minimum coverage requirements of seven and one-
half feet. The third option is to install as designed but replace the sewer main with water quality
pipe. The issues with that are the sanitary sewer line would need to be bypassed and in order to
do that a temporary line would need to be installed. The County will not allow the City to close
down Hwy. 101 or to use a trench with metal plates on it.
In order to do this work the City will need to provide a change order of$15,000 to $20,000. Mr.
Thernig is asking Council for the change order at this meeting because time is running out to
complete the work.
Joos/Mendenmoved to authorize staff to sign a $15,000 to $20,000 change order for the Huber
Park project and to look at less costly alternatives. Motion carried 4-1 with Cncl. Lehman
dissenting.
Official Proceedings of the September 05, 2006
Shakopee City Council Page -8-
Mr. Leek presented the Council with an appeal of the Board of Adjustment and Appeals'
determination on variances of allowable building materials and rear yard setback for Shelter of
Shakopee, located at 1523 3rd Avenue West.
Mr. Leek stated that Rob Schatzle, owner of Shelter of Shakopee, has filed an appeal based on
the decisions concerning a variance to allow for the construction of a steel sided building with a
10 foot rear yard setback at his property. On Mr. Schatzle's application he proposed that the new
building would remain consistent with existing steel structures. He is also looking into
additional landscaping in this area in an effort to enhance the appearance of the property from
Highway 69.
The Board of Adjustment and Appeals held a public hearing on the variance request for Shelter
of Shakopee at its August 10, 2006 meeting. The board denied the Variance request by a 5-1
vote. The Board determined that the request did not meet all of the criteria required for granting
the variance, and although they thought his request was reasonable they noted that there were
building materials available for the applicant to utilize that would be consistent with the City
Code regulations.
Rob Schatzle, owner of Shelter of Shakopee, presented Council with photos of his property,
existing buildings, and surrounding properties. Mr. Schatzle stated constructing the new
building with a 20 foot setback would require having ajog in one corner of the building to meet
the setback requirements. Because of the irregular shape of the building to meet the setback
requirements it would be more costly.
Mr. Schatzle also stated that using materials required by the City Code would be a huge expense
to the project. Mr. Schatzle provided a sample of the steel material he would like to use on the
building. Mr. Schatzle also stated that the new building would look out of place compared to the
existing buildings on the property.
Cncl. Lehman doesn't agree with Mr. Schatzle on the encroachment but does agree with him on
the design materials.
Cncl. Joos would like to stay within the code that is currently in place. Cncl. Joos stated that
there have been some significant changes in building materials over the past few years and
would like to see an ordinance change reflecting those changes. Cncl. Joos also stated he is not
in favor of the variance which would allow Mr. Schatzle to encroach on the easement near the
railroad tracks.
Clay/Joos moved to uphold the determination of the Board of Adjustment and Appeals, and
direct staff to prepare a resolution for the Council's consent agenda that is consistent with that
decision. Motion carried 3-2 with Cncl's Lehman and Menden dissenting.
Gregg Voxland presented Council with Resolution Number 6474, which sets the proposed
maximum 2006/07 tax levy. The existing law requires that Shakopee certify a proposed budget,
.. ....
Official Proceedings of the September 05, 2006
Shakopee City Council Page -9-
budget hearing date and proposed maximum tax levy to the County by September 15,2006. The
City has to certify the final levy to the county by December 23, 2006.
Mr. Voxland stated that the maximum tax levy for 2006/07 is a levy of $13,094,800 including a
levy for debt service of$I,073,752. The increase in the gross levy is $2,413,664 or 22.6%.
Discussion followed.
Menden/Joos moved to set the public hearing date for the 2007 budget on December 4 with
continuation date of December 11th; and offered Resolution Number 6474, A Resolution Setting
Proposed Maximum 2006 Tax Levy, Collectable In 2007, and moved its adoption. Motion
carried 5-0.
Menden/Clay moved to adjourn to Tuesday, September 19,2006 at 7:00 p.m. Motion carried
5-0.
Meeting adjourned at 10:45 p.m.
~~~-~
J ith S. Cox
ity Clerk
'--~._... Kim Weckman
--
Recording Secretary