HomeMy WebLinkAbout5.F.2. Approval of Minutes: August 03, and 16, 2011OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 3, 2011
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Pat Heitzman, Steve
Clay, Matt Lehman, and Pamela Punt (7:01 p.m.) present. Also present Mark McNeill, City
Administrator; Jim Thomson, City Attorney; and Judith Cox, City Clerk; R. Michael Leek,
Community Development Director; Bruce Looney, Public Works Director /City Engineer; Julie
Linnihan, Finance Director; and Jamie Polley, Park, Recreation and Natural Resources Director.
The Pledge of Allegiance was recited.
Cncl. Punt arrived and took her seat.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked to
defer 13.1 Naming of Country Road 21 in Shakopee — Ordinance No. 849. Mr. McNeill also asked
to add 131.2, 2012 General Fund Discussion.
Clay /Heitzman moved to approve the agenda as amended. Motion carried 5 -0.
In the Mayor's report Mayor Schmitt said he attended the County Road 69 reconstruction meeting, the
Scott County Fair and Night to Unite neighborhood gatherings.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill
said that staff had no additions or deletions.
Clay /Heitzman moved to approve the Consent Agenda as presented. Mr. McNeill read the Consent
agenda. Motion carried 5 -0.
Clay/Heitzman moved to approve the appropriate City officials to execute a Cooperative Agreement
for the improvements to the intersection of CSAH 69 and 10 Avenue. (Motion carried under the
Consent Agenda)
Clay /Heitzman moved to approve the promotion of Raoul Boudreau to the position of IT Coordinator,
effective August 1, 2011, with a starting salary of Step C. of Grade 8 ($67,205) of the city pay plan and
subject to a one -year probation period; and direct staff to advertise and begin the hiring process for the
position of IT Specialist. (Motion carried under the Consent Agenda)
Clay /Heitzman moved to approve the bills in the amount of $443,302.99 and electronic transfers in the
amount of $849,423.65 for a total of $1,292,726.64. (Motion carried under the Consent Agenda)
Clay/Heitzman moved to approve the minutes of July 12, 2011 and July 19, 2011. (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. No one responded.
Official Proceedings of the August 3, 2011
Shakopee City Council Page -2-
Mayor Schmitt asked for the Council liaison reports. Cncl. Punt said she attended the Night to Unite
events. Cncl. Heitzman said he attended the 69/169 open house. He also attended the Night to Unite
events. Cncl. Clay attended the Shakopee Public Utilities Commission (SPUC) meeting. Discussed at
the meeting was the high electricity usage for the month of July. SPUC reported power outages due to
a lighting strike. SPUC also reported that the systems and substations performed at half of their
maximum capacity even though there were large energy usages during the hottest days in July. SPUC
reported water use is down and this may change the dollars sent to the city. Cncl. Lehman said he
attended the Night to Unite events. He also said that the Derby Days committee is still looking for
donations.
Bruce Loney, Public Works Director /City Engineer, presented Council with the Amendment to
Resolution No. 6469, by Approving a Full Access on Crossings Boulevard at Penstemon Lane East.
Mr. Loney said that since the installation of a right in/right out access to the neighborhood commercial
property there have been problems with trucks exiting the commercial property and turning eastbound
on Crossing Boulevard at Penstemon Lane West. Mr. Loney said that staff was notified by
Mohammed Shah of 1801 Penstemon Lane regarding damage to his property due to the trucks.
Mr. Loney said that the Traffic Safety Review Committee (TSRC) has met to discuss alternatives to
the problem. Mr. Loney shared with Council three alternative plans. He said the TSRC preferred
Option 2 as the alternative for opening the median. Option two reduces Crossings Blvd. median and
provides a fall access at Crossings Blvd. and Penstemon Lane East.
The TSRC felt the median could be opened because the traffic volume on CSAH 18 will be reduced
with the opening of CSAH 21, traffic volume on Crossings Blvd will be reduced with the purchase of
several acres by the Shakopee Mdewakanton Sioux Community, observation of the current traffic
problems and difficulties would be improved by opening the median by businesses and for the
neighborhood and with the opening of the access, the amount of traffic past the swimming pool and
through the Penstemon Lane West intersection will be reduced.
Mr. Loney said the cost to open the intersection and reduce the median as well as the design work will
be paid for by Steve Soltau of Shakopee Crossings Limited Partnership.
Mayor Schmitt asked if the City reserves the right to close Crossings Blvd and Penstemon Lane East if
it's needed in the future. He is concerned that if the reservation is not added to the resolution, that
future commercial development may increase traffic and the possibility that the intersection should be
returned to a right in/right out intersection again. Mr. Loney said that the reservation could be added to
the resolution.
Jim Thomson, City Attorney, said that the City always has the right to close the median as long as a
right in/right out access is restored. He also said it could be added to the resolution.
Mr. Soltau agrees with Mayor Schmitt's suggestion but asked that if the intersection were to be closed
in the future that it be done with the proper procedures. He also said that he paid for the
initial intersection and is now going to be paying for the intersection again. He said if the City, in the
future, decides to modify the intersection back to a right in/right out intersection, he will not be paying
for it a third time.
Official Proceedings of the
Shakopee City Council
August 3, 2011
Page -3-
Lehman/Clay offered Resolution No. 7113, A Resolution Amending Resolution No. 6469, Approving
the Final Plat of Southbridge Fields Addition, and moved its adoption with a modification to section Il.
M., the City reserves the authority to close the median at the easternmost access to Crossings
Boulevard and go back to a right- inhight -out if traffic patterns warrant a change. Motion carried 5 -0.
Julie Linnihan, Finance Director, presented Council with the 2012 General Fund Budget discussion.
Ms. Linnihan reviewed the 2012 proposed budget. Discussed at earlier meetings is the issue to initiate
a capital levy for infrastructure in the amount of $200,000 and to levy $200,000 for debt service levies
under the General Fund Revenues. The proposal has been to establish a specific levy for infrastructure
and debt service levies. She said these two items need to be considered during budget discussions.
Under Administration expenditures the Human Resource department is requesting $20,000 for a
classification study that is mandated and cannot be avoided. However, there is a Telecommunications
budget reduction request of - $28,000 for the discontinuation of service for public access check out.
This would result in a total net reduction of - $8,000 for the Administration Budget.
In the Finance Department there is a request of $8,500 to return an Accounting position to full time
status.
The Police Department is asking to re- classify a CSO position to part-time evidence technician
position which results in a reduction of - $24,000 from their budget.
The Fire Department is asking for a total of $37,000 to initiate a Duty Crew system, pay enhancement
program, and potential legal fees for agreement updates with the townships.
Ms. Linnihan then discussed an estimated transfer of $400,000 to pay off the debt service for the
existing debt that the City has for the different debt issuances from 2002 to 2010. Ms. Linnihan said
with all of the requests by the departments the total request costs is $414,000.
Ms. Linnihan then discussed the building /facility improvements requests for 2012 for the Community
Center. She discussed the proposed and prioritized projects which include the replacement of the arena
flooring, track surfacing, and radiant heating in the arena which could be handled by the Building
Internal Service Fund. The divider curtain could be funded under the Building Maintenance account.
The total cost of all of the projects is $181,500 which would not need to be funded by the levy.
The Community Center roofing project of approximately $300,000 cannot be presented to Council
because there is not enough information for actual costs at this time. The estimated $600,000 for a2 n d
Floor Fitness Center addition should be discussed by Council on whether to proceed with this project.
Ms. Linnihan said that staff will initiate a policy development for the use of funds within the Building
Internal Service Fund which will address the percentages of funds to be designated for significant
repair projects and tasks; what percentages of funds will be designated for replacement or upgrade of
existing facilities and the percentages of funds to be designated for the replacement of an existing
structure or building of a new structure. Ms. Linnihan said that there is a 1% cost of living increase
Official Proceedings of the August 3, 2011
Shakopee City Council Page -4-
currently built into the budget for 2012. There will need to be continued discussion regarding a
potential reduction in the Transit budget for Van Pool funding in 2012. There was no support for a t
floor fitness center at the community center.
With regard to the General Fund Levy, Ms. Linnihan asked Council to consider the following: a)
discuss keeping a flat levy, b) increasing it slightly to allow for a Capital levy or c) to increase the levy
and start incrementally preparing for the future road repairs for the General Fund. She also asked
Council to discuss the EDA Levy and policies for use, as well as preparing a clearer format as to how
the levied funds are to be used. Discussion followed.
There was a consensus among council members to approve the compensation study in the HR budget
for $20,000 and decrease the public access check out expense of $28,000 in Telecommunications; to
approve the $8,500 increase in Finance to increase the accounting position to full -time and to re-
classify a CSO position in the Police Department to part-time evidence technician resulting in a
reduction of $24,000. There was also a consensus that a work session was needed to discuss the 2014
proposed fire station, duty crews and compensation changes in the Fire Department and a work session
to discuss the Economic Development Authority (EDA) budget and future funding programs.
After Council discussed all of the issues that Ms. Linnihan presented, Ms. Linnihan said she would
bring back to the August 16 meeting a formal budget based on the discussions by Council.
Mr. McNeill said there are two people in the audience that wish to discuss with Council the Approval
of a Full Access on Crossings Blvd at Penstemon Lane action that was taken earlier in the meeting.
Rajeev Rai, 8425 Blazing Star Circle, discussed with Council his opposition to the decision Council
made earlier approving the full access at Crossings Blvd and Penstemon Lane East. He pointed out
different scenarios that would make this intersection a hazard if the intersection is made into a fall
access intersection.
Someswar Barkataki, 8400 Lobelia Ct., also discussed his opposition regarding the decision made by
Council. He feels that his property, which is on the corner of Penstemon Lane and Crossings Blvd.,
will now be subject to possible damage if the intersection is made into a full access intersection.
After Council took testimony, Council agreed to uphold their previous decision regarding this matter.
Mayor Schmitt asked if there was any other business or Council concerns. No one had any other
business or concerns to discuss.
Clay /Heitzman moved to adjourn to Tuesday August 16, 2011 at 7:00 p.m. Motion carried 5 -0.
The Council meeting ended at 9:32 p.m.
J • � 6;
u th S. Cox
ty Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 16, 2011
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Matt Lehman,
Steve Clay, Pat Heitzman, and Pamela Punt 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 Looney, Public
Works Director /City Engineer; Julie Linnihan, Finance Director; Jamie Polley, Park, Recreation
and Natural Resources Director; Rick Coleman, Fire Chief; and Jeff Tate, Police Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill
asked to add under Other Business a date and time for Council to meet prior to the September 6,
2011 meeting for a photo.
Lehman/Heitzman moved to approve the agenda as modified. Motion carried 5 -0.
In the Mayor's report Mayor Schmitt said he attended Derby Days and received favorable
comments from citizens in the community about the great job the volunteers did in organizing
Derby Days. He attended the 169/69 Corridor meeting which included a presentation by
Mn/DOT on the Highways 101, 41 & 169 flood mitigation study which will be completed
sometime in October. He also said he attended the SCALE meeting in which there was a
presentation of the SCALE University.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr.
McNeill said that staff had no additions or deletions.
Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent
Agenda. Motion carried 5 -0.
Lehman/Heitzman moved to authorize staff to utilize the re- purchase agreements with Ag Power
Enterprises, Inc. on unit #152 a 2010 John Deere 1445 Mower and unit #132 a 2010 5085
Tractor for the combined price of $16,245.00 with the funds to be expended from the Internal
Service Equipment Fund. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7112, A Resolution Receiving a Report and Calling a
Hearing for CSAH 69 Utility Improvements Project, Project No. 2011 -6, and moved its
adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman 1. moved to approve awarding a contract to Purple Pride for the O'Dowd
Trail Bituminous Overlay Project. 2. Approve a 5% contingency amount for this project for use
by the City Engineer in authorizing change orders or quantity adjustments on the project.
(Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the funding from the Park Reserve to remove and
transport excess dirt from the Greenfield East/Park Meadows Park project to Quarry Lake and
authorize the surveying of Quarry Lake. (Motion carried under the Consent Agenda)
Official Proceedings of the August 16, 2011
Shakopee City Council Page -2-
Lehman/Heitzman offered Resolution No. 7115, a Resolution of the City of Shakopee,
Minnesota, Accepting a $1,700 Donation from Shakopee Rotary for the Purchase of a
Defibrillator for the Aquatic Park and Ice Arena, and moved its adoption. (Motion carried under
the Consent Agenda)
Lehman/Heitzman moved to authorize the hiring of Nathan Hook as a probationary Community
Service Officer at Step E of Grade Level 2 of the City's 2011 Non -Union Pay Plan, subject to the
satisfactory completion of pre - employment medical and psychological examinations. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to approve the bills in the amount of $2,092,132.12 and electronic
transfers in the amount of $$454,405.71 for a total of $2,546,534.83. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the minutes of July 26, 2011 and August 1, 2011. (Motion
carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7114, A Resolution Appointing James "Rob"
Litzenberger to the Transit Commission, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the application and grant an off sale liquor license to 7s
Holdings, LLC., dba Southbridge Liquor, 8071 Old Carriage Court North. (Motion carried under
the Consent Agenda)
Lehman/Heitzman moved to approve the application and grant a temporary on -sale liquor license
to Shakopee Area Catholic School, 2700 17 Avenue East, for September 30, 2011. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to approve the request for an additional vehicle and authorize the
issuance of an amended taxicab license to Randy Busch dba Southwest Metro Transportation,
1371 Maxine Circle, Shakopee, Minnesota for five taxicabs, conditioned upon meeting all
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 topic that
was not on the agenda. No one responded.
Mayor Schmitt asked for the Council liaison reports. Cncl. Lehman said that the Derby Days
Committee will be holding a follow up meeting regarding Derby Days. Cncl. Lehman also gave
an update on the railroad crossing work that's being done. Cncl. Clay attended the Shakopee
Public Utility Commissions meeting. He said water pumpage is at the same rate it was last year.
He also reported about some small power outages. Cncl. Heitzman attended the school board
meeting. He announced there will be an open house at Jackson Elementary on August 31, 2011.
Cncl. Punt had no report.
Heitzman/Clay moved to recess for an Economic Development Authority meeting. Motion
carried 5 -0.
Official Proceedings of the August 16, 2011
Shakopee City Council Page -3-
Mayor Schmitt reconvened the meeting at 7:10 p.m.
Kris Wilson, Assistant City Administrator presented Council with the Ordering Plans &
Specifications for Community Center Roof Replacement.
Ms. Wilson said that staff has met and received proposals from three roofing consultants
interested in assisting with the design, bidding and installation of a new roof at the Shakopee
Community Center. Staff chose Skyline Building Envelope Consultants as the firm to hire.
Skyline will provide design and bidding services for $16,000 and project management, including
a full -time onsite inspector during the roof installation for an additional $12,000. Funding will
be taken from the City's Building Internal Services fund as part of the overall project cost.
Punt/Clay moved to order plans and specifications for a new roof for the Shakopee Community
Center and to accept the proposal from Skyline Building Envelope Consultants for design and
project management services not to exceed $28,000. Motion carried 5 -0.
Mr. McNeill presented Council with the County Road 21 Naming Discussion.
Mr. McNeill advised Council that the section about to be completed on County Road 21 in
Shakopee and Prior Lake is in need of an official street name. Preliminary discussion had
focused on " Herrgott Memorial Drive" in recognition of Pfc. Edward "Jim" Herrgott, a member
of the Shakopee community who was the first Minnesotan killed in the Iraq Conflict.
Mr. McNeill said that the Mayors of Prior Lake and Shakopee met to discuss the naming of the
road. Mr. McNeill said that CR 21 is a regional highway which includes Shakopee and Prior
Lake but also Credit River Township and potentially Dakota County. He also said that Prior
Lake has a process for naming streets and parks which involves a review committee to look at
prospective names.
Mr. McNeill said the recommendation from the Mayors of Shakopee and Prior Lake is that a
study committee involving veterans organizations, the "Yellow Ribbon Committee" and elected
representatives from the two cities be appointed to look at the naming issue. The group would
then come back with a recommendation for the naming of CR 21.
Cncl. Clay feels that the portion of CR 21 that is in the City of Shakopee should be named
Herrgott Memorial Drive and let the other entities name their portions of CR 21 whatever they
would like to name it.
Mayor Schmitt reminded Council that the ultimate decision for naming the roadway will be Scott
County Commissioners.
Clay /Heitzman moved to recommend to Scott County naming CR 21 from CR 42 north to CR 18
be named Herrgott Memorial Drive. Discussion followed.
Cncl. Lehman suggested that CR 21 in its entirety could be named Veterans Memorial Drive and
then each city could designate the portion of CR 21 in their boundaries to be memorialized for
individuals from that area.
Official Proceedings of the August 16, 2011
Shakopee City Council Page -4-
Cncl. Punt asked if people in the audience could be heard regarding the subject.
Mayor Schmitt agrees with Cncl. Lehman's suggestion to the County, that 21 north of 42 be
named Veterans Memorial Drive in recognition of all who have served.
Dave Theisen, 7487 Devin Lane, stated he is in favor of naming CR 21 Herrgott Memorial
Drive.
Ryan Love, 1964 Greenway Ave., is also in favor of naming CR 21 Herrgott Memorial Drive
and would like Council to vote in favor of the motion.
Ding Cole of Savage and a member of the Savage American Legion and the VFW in Prior Lake.
He stated that both organizations passed motions supporting the naming of CR 21, Herrgott
Memorial Drive. He urged Council to also pass the motion supporting the naming of CR 21 to
Herrgott Memorial Drive. He said that when you honor one vet, you honor them all.
Mayor Schmitt asked for a vote on the motion. Motion carried 4 -1 with Mayor Schmitt opposed.
Julie Linnihan, Finance Director, presented Council with a continuation of the 2012 Budget
Discussions.
Ms. Linnihan stated that by September 15, 2011 Council will need to adopt a preliminary levy
which will be forwarded on to Scott County to create the Truth in Taxation information and the
parcel specific notices. She also said the City will also need to adopt a preliminary budget.
She provided an overview of what Council and staff have discussed over the past few weeks
regarding the City's 2012 budget. She stated that a preliminary levy will also need to be adopted
on September 6, 2011 and can not be increased past that date but it can be decreased. A final
levy and final budget approval will take place in December.
There is a $6,000 variance for the 2012 budget or a slight amount of expenditures over projected
revenues and that is maintaining a levy amount that is similar to the 2011 levy. Ms. Linnihan
said that in the past the City has received from the Department of Revenue an overall levy limit
notice but because of the actions of the legislature this year there are no levy limits defined by
the State of Minnesota.
Another component of the budget that is different from prior years is the impact of lower than
anticipated market value reductions. This means that the City is dealing with a 1.2% change in
estimated market value as compared to 5% last year, which is positive.
Another issue the City will be dealing with is the excluded net tax capacity component of the
property tax. What will now be enacted is an exclusion amount that is based on the value of a
home. What this does is it takes the amount of the tax capacity that the City was working with
last year and reduces it. When the tax capacity amount is reduced from the prior year, even if the
levy remains flat, the property taxes will typically show a slight increase.
Official Proceedings of the August 16, 2011
Shakopee City Council Page -5-
Ms. Linnihan stated that there are several issues that need to be discussed at a Council level. The
first is establishing a preliminary levy. Discussed previously was the possibility of increasing
the levy to include a capital levy of $200,000. This would increase the tax rate fiom 36.542% to
37.414 %. She asked Council if they wished to move forward with the increase. She said that the
EDA budget, the Transit Budget and the requests from the Fire Department need to be discussed
at a future meeting, the dates yet to be established.
Council then discussed the information Ms. Linnihan provided to them regarding the 2012 levy
and budget.
Councilor Clay moved to direct staff to set a preliminary levy at 37.851 %. Motion died for lack
of a second.
Council members felt they would like to review all of the information Ms. Linnihan provided
and schedule a workshop meeting on Tuesday, August 30, 2011 at 7:00 p.m. to vote on a motion
regarding the tax levy and further discuss the preliminary tax roll.
Lehman/Punt moved to set a workshop for Tuesday, August 30, 2011 at 7:00 p.m. Motion
carried 5 -0.
Mr. McNeill advised Council that the City was designated a Heart Safe Community. This is a
program that Allina Hospital worked to get and would like a photo opportunity with
representatives of the Hospital, Chamber of Commerce and Council on Tuesday, September 6,
2011 at 6:30 p.m. Council agreed to meet at that time.
Mayor Schmitt asked if there was any other business or Council concerns. Bruce Loney, Public
Works Director /City Engineer provided an update to Council regarding the work being done on
the railroad.
Punt /Lehman moved to adjourn to Tuesday August 30, 2011 at 7:00 p.m. Motion carried 5 -0.
The Council meeting ended at 8:44 p.m.
V�tw/", A
t % dith S. Cox
City Clerk
Kim Weckman
Recording Secretary