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HomeMy WebLinkAbout5.F.2. Approval of Minutes: September 06 and 20, 2011 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6, 2011 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Pat Heitzman, Steve Clay, Pamela Punt and Matt Lehman 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; and Rick Coleman, Fire Chief. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill, City Administrator, said that staff had no additions or deletions to the agenda. Punt/Clay moved to approve the agenda. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said there was a presentation on the designation of Shakopee as a Heart Safe Community. Katie Kinzie, a supervisor of Heart Safe Community, Greg Jones, Patient Care Supervisor at St. Francis Regional Medical Center's Emergency Department and a Heart Safe Coordinator were present. Ms. Kinzie and Mr. Jones explained and provided background on the purpose of Heart Safe Community. Brian LaCren, President of Allina Medical Transportation, provided Council with statistics of heart disease and what Shakopee has done within the community to help prevent sudden cardiac arrests. The members of Heart Safe Community presented Shakopee with a plaque recognizing Shakopee as a Heart Safe Community. Additionally in the Mayor's Report, Mayor Schmitt said he did the business survey with the Minnesota School of Business for the Economic Development group. He also attended a grand opening of a new business called iCoat, the ribbon cutting ceremony for the opening of County Road 21, attended a meeting with Rod Thompson who is the new Superintendant of Shakopee Schools, attended two ribbon cutting ceremonies for park dedications, and attended the SCALE board meeting. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill asked to remove from the Consent Agenda, 5.F.4, Establish Workshop Date — Fire Department Issues. Lehman/Heitzman moved to approve the Consent Agenda as amended removing 5.F.4, Establish Workshop Date — fire Depaitlnent Issues, from the Consent Agenda. Mr. McNeill read the Consent agenda. Motion carried 5 -0. Lehman/Heitzman moved to authorize the appropriate city staff to enter into a license agreement with Tracker Products LLC and use DWI forfeiture funds to purchase evidence inventory software at a cost of $4,999.60 to be paid from DWI forfeiture funds. (Motion carried under the Consent Agenda) Official Proceedings of the September 6, 2011 Shakopee City Council Page -2- Lehman/Heitzman moved to declare the 1993 Ford Tempo, VIN: 1FACP36XOPK160690; the 1996 Chevrolet Suburban, VIN: 3GNFK16R9TG128082; and the 1998 Chevrolet Cavalier, VIN: 1G1JC5244W7249287 as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the payment of $1,500 from the police department's drug forfeiture fund to the Meth Task Force for anti -drug presentations in the Shakopee Schools for the 2011 -2012 school year. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to hire All State Communications to install low voltage wiring and an IT racking system in the new fire station at a cost not to exceed $12,600. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7120, a Resolution Approving the Final Plat of Dean Lakes Seventh Addition, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Sarah Foley full -time, regular status as a Recreation Supervisor for the City of Shakopee. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the job description for the position of Police Evidence Technician and to request that the Civil Service Commission proceed with a hiring process to fill the position at the part-time status of 20 hours per week. (Motion carried under the Consent Agenda) [See City Clerk's Document No. 499] Lehman/Heitzman moved to approve the job description for the position of Accountant and to authorize staff to advertise the position and begin the hiring process. (Motion carried under the Consent Agenda) [See City Clerk's Document No. 500] Lehman/Heitzman offered Resolution 7119, a Resolution Amending Resolution No. 7067, Adopting the 2011 Pay Plan for Certain Non -Union Employees of the City of Shakopee, and Authorizing 2011 Salaries for Elected Officials, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $557,324.75 and electronic transfers in the amount of $909,566.89 for a total of $1,466,891.64. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of August 3, 2011 and August 16, 2011 (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the Joint Powers Agreement between the City of Shakopee and Scott County for Assessment Services for the years 2012, 2013, and 2014. (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. Official Proceedings of the September 6, 2011 Shakopee City Council Page -3- James Caswell, 4590 Colorado Ave., Prior Lake, MN., said that on 08/19/11 he was pulled over for a traffic violation by Shakopee Police. He was subsequently handcuffed and placed in the backseat of the police car because he failed the PBT (portable breathalyzer test). A few minutes later he was asked to blow into the PBT again. This time the officer said he passed the PBT, was un- handcuffed and released. Mr. Caswell said he contacted the Police Department to file a complaint but has not heard back from anyone in that department. Mr. McNeill said he would take Mr. Caswell's information and have Chief Tate of the Police Department contact him the next day. Cncl's. Lehman, Punt and Heitzman had no liason report. Cncl. Clay attended the Shakopee Public Utilities Commission meeting and gave a report on the water usage for August. Mayor Schmitt asked to discuss the item removed from the Consent Agenda. Mr. McNeill said that Council is being asked to set a date and time for a workshop to discuss Fire Department issues. Mr. McNeill suggested Tuesday, November 22, 2011 at 7:00 p.m. at the Council Chambers. All of the Council agreed on the date and time. Lehman/Heitzman moved to recess for an Economic Development Authority meeting. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 7:30 p.m. Bruce Loney, Public Works Director /City Engineer, introduced Chris Chromy of Bolten, Menk, Greg Felt, Scott County Engineer, and Mitch Rasmussen of Scott County, to discuss the County Road 69 Reconstruction Layout. Mr. Felt presented the County Road 69 infrastructure rehabilitation project for CR69 from Vierling Drive to Fuller Street. He discussed the timeline and the purpose and needs of the project. The projected project cost is estimated at 8 -9 million dollars. The scope and design layout of the project includes pavement and drainage improvements, pedestrian/bike paths, railroad crossing bridge rehabilitation, access management, utility improvements and aesthetic elements. From Clay Street to Atwood Street would be an urban 5 lane roadway with the alignment shifted to the north. Moving it to the north would reduce the project cost and reduce the impact to private properties. From 3 Avenue to Clay Street would be an urban 4 lane roadway and from 115 Street to 3 Avenue would be a rural 4 lane roadway. Chris Chromy of Bolten Menk discussed access management and the possibilities of access closures. Mr. Chromy said that they are recommending closure of 10 of the 30 property access to complete the project. Mr. Chromy said that he and the County will work with property owners to work on what's best for the project with regard to access closures. He also discussed utility improvements and the next steps in the project which includes the Council approval of the design concept layout approval. Construction would begin in May, 2012 and be finished in October, 2013. Questions from council members were answered. 1 Official Proceedings of the September 6, 2011 Shakopee City Council Pave -4- Peggy Dircks of Mikes Auto Repair, 448 and 452 1 Avenue West, said she and her husband own a business on First Avenue. Ms. Dircks said that the County wants to close all current accesses to First Avenue except one access which is an easement for the four businesses on the block. She said the closure of all accesses is unacceptable. Mayor Schmitt stated to Ms. Dircks that she and the County and the County's consultant need to have a meeting to discuss access issues. Mr. Chromy said that he is confident that a meeting with the business owners of the block will prove to be beneficial and come to a resolution to make access work for all of the business owners. Clay /Punt offered Resolution No. 7121, a Resolution Approving C.R. 69 from Vierling Drive to Fuller Street Reconstruction Layout, and moved its adoption. Discussion followed. Cncl. Lehman asked some clarification questions regarding the movement offset of the road by five feet to the north. Mr. Felt confirmed that is the recommendation. Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0. Lehman/Heitzman moved to recess for a break at 8:21 p.m. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 8:30 p.m. Jamie Polley, Parks, Recreation & Natural Resources Director, presented Council with the Westminster Park Shelter/Warming House Construction Authorization. Ms. Polly said that City Council authorized staff to submit a 50/50 Outdoor Recreation Grant to the MN Department of Natural Resources for the construction of the park shelter/warming house at Greenfield East/Park Meadows Park. The park shelter/warming house will be built by City staff and the design will become a template for the two additional park shelters to be built at Westminster Park and Riverside Fields /Riverside Bluffs parks. The City's Public Works staff has the ability and is ready to construct the building this fall however due to the state shut down, the grants for 2011 have not yet been awarded. If the City moves forward on the building at Greenfield East/Park Meadows prior to receiving the grant, all work done prior to receiving the grant would not be reimbursable with grant dollars. Staff is requesting that the City Council authorize the construction of the park shelter /warming house facility at Westminster Park in 2011. Ms. Polley said funding would come from the Park Reserve Fund. The total estimated cost for the building is approximately $130,000. Clay /Punt moved to approve the construction of the park shelter /warming house at Westminster Park utilizing funds from the Park Reserve Fund. Discussion followed. Mayor Schmitt had a question about capitalizing the project. Mr. McNeill said that Council needs to have the discussion of how to proceed with these types of projects because there has not been consistent practice. Mr. McNeill asked if Council wants to proceed now or have it funded by the Park Maintenance fund. Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0. Official Proceedings of the September 6, 2011 Shakopee City Council Page -5- Kris Wilson, Assistant City Administrator, presented Council with the Phased Retirement Offering. Ms. Wilson said that Council is being asked to consider a two phased retirement offering for Senior Accounting Clerk Eileen Klimek which will benefit both employee and employer during the upcoming transition. Ms. Wilson explained to the Council the phased retirement plan through the City and PERA. She said Ms. Klimek would like to participate in both plans. She would formally retire from her position as Senior Accounting Clerk effective October 31, 2011. She would return to work on November 1, working an average of 20 hours per week. At that time both she and the City would stop paying into PERA on her behalf, but she would continue to earn pro -rated vacation and sick time and her existing level of City contribution toward medical and dental premiums. She would continue for two months and completely end her employment with the City on December 30, 2011. The City would have Ms. Klimek's successor selected and ready to start in early November so that there will be a two -month period that Ms. Klimek could provide training and transition. Punt/Clay moved to approve the City's participation in PERA's Phased Retirement Option and the offering of Phased Retirement to Eileen Klimek, effective October 31, 2011. Motion carried 5 -0. Punt/Clay moved to approve Ms. Klimek's request for phased retirement as outlined in Chapter VI, Section E of the City's Personnel Handbook, for the period of November 1 through December 31, 2011. Motion carried 5 -0. Julie Linnihan, Finance Director, presented Council with the 2011 EDA Tax Levy Consent Resolution No. 7116. Ms. Linnihan said state law provides that the City Council may levy a tax at the request of the EDA for economic development purposes. The City is proposing an EDA levy of $80,000. Lehman/Heitzi12an offered Resolution Number 7116, A Resolution Levying a Tax at the Request of, and Consenting to the Levy of a Tax by, the Economic Development Authority for the City of Shakopee, and moved its adoption. Motion carried 5 -0. Ms. Linnihan presented Council with the 2011/2012 Proposed Tax Levy and Budget Resolution No. 7117. The proposed maximum tax levy for 2011/2012 is $15,202,000. The increase in the total gross levy is due to the recommended increase in the tax rate from the 2011 rate to the 2012 rate, as directed by the City Council at the August 30, 2011 work session. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. Ms. Linnihan said the official "Truth in Taxation" public hearing on the tax levy and budget is December 6, 2011. Official Proceedings of the September 6, 2011 Shakopee City Council Page -6- Clay/Heitzman offered Resolution Number 7117, a Resolution Setting the Proposed 2011 Tax Levy, Collectible in 2012, and moved its adoption. Motion carried 4 -1 with Cncl. Punt opposing. Clay /Heitzman moved to set the public hearing date for the 2012 tax levy and budget on December 6, 2011 at 7:00 p.m. located at City Hall, 129 Holmes Street. Motion carried 5 -0. Ms. Linnihan presented Council with the Canceling Debt Service Levy for 2011/2012. Ms. Linnihan said that the Internal Service Building Fund will transfer money to the debt service fund for the public works building in 2011 so that the levy for the 2004D bonds can be cancelled. Several other debt service levies for other bond issues are also proposed to be cancelled. Lehman/Clay offered Resolution No. 7118 a Resolution Canceling Debt Service Levy for 2011/2012, and moved its adoption. Motion carried 5 -0. Mayor Schmitt asked if there any other business or Council concerns. No one had any other business or concerns to discuss. Cncl. Lehman asked when Council will be having a meeting to discuss the long term overlay funding. Mr. Loney said the meeting will probably take place sometime before the December 6, 2011 public hearing for 2012 tax levy and budget. Heitznlan/Punt moved to adjourn to Tuesday September 20, 2011 at 7:00 p.m. Motion carried 5- 0. The Council meeting ended at 9:07 p.m. ua �. CA32- dith S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 20, 2011 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Matt Lehman, Steve Clay, Pat Heitzman present; Pamela Punt absent. Also present 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; and Jamie Polley, Park, Recreation and Natural Resources Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Kris Wilson, Assistant City Administrator, asked to add 13.D.1, Request of S.M. Hentges & Sons, Inc. for Extending Work Hours on the C.R. 17 & C.R. 42 Interchange Project. Clay/Heitzman moved to approve the agenda as amended. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said he attended the Beyond the Yellow Ribbon military appreciation day at Lion's Park. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Clay asked to remove 5.A.3, Request for Overnight Use of the Youth Building and Use of a Portable Fire Pit. Lehman/Heitzman moved to approve the Consent Agenda as amended. Ms. Wilson read the Consent agenda. Motion carried 4 -0. Lehman/Heitzman moved to authorize the payment of $18826.12 to Sonus Interiors for the replacement of the teen center carpet. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the renewal of the agreement with the Shakopee Youth Hockey Association to operate the Shakopee Ice Arena concession stand through August 31, 2013. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to declare the 1999 Honda CRV, VIN: JHLRD186XXC079893; the 2003 Mitsubishi Galant, VIN: 4A3AA46G33E212747; and the 2004 Chevrolet Trailblazer, VIN: 1GNET16S546130250 as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7124, A Resolution of the City of Shakopee, Minnesota, Regarding Participation in the Minnesota Department of Public Safety's Toward Zero Deaths Enforcement Grant, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman 1. offered Resolution No. 7123, A Resolution Declaring the Amount to be Assessed, Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse Bills, and moved its adoption. 2. Directed that a $45.00 administrative fee penalty be added to assessment amounts for City costs. (Motion carried under the Consent Agenda) Official Proceedings of the September 20, 2011 Shakopee City Council Page -2- Lehman/Heitzman moved to authorize the Mayor to sign a Letter of Support on the Minnesota River Flood Mitigation Study. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $1,841,751.53 and electronic transfers in the amount of $361,946.91 for a total of $2,203,698.44. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of August 30, 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. Lehman/Clay moved to open the Public Hearing on the proposed CSAH 69 Utility improvements, Project No. 2011 -6. Motion carried 4 -0. Bruce Loney, Public Works Director /City Engineer, presented Council with the Utility Improvements, Project No. 2011 -6. Mr. Loney said the proposed project is to extend sanitary sewer and water services to properties along CSAH 69 while the county road is being reconstructed by Scott County. There are three property owners proposed to be assessed and staff has made contact with each owner on the proposed project and assessments. Staff also informed the property owners of extending sewer and water lines to their building and the requirement of a building permit with SAC (Sewer Availability Charges) and WAC (Water Availability Charges). The total estimated project cost for the CSAH 69 utility improvements is $115,752.00 and is proposed to be 100% assessed. The cost proposed to be assessed on a per lot basis is a $38,584.00 per commercial lot. Mr. Loney said that since this is a Council initiated project there needs to be a super majority vote if the project is to be ordered. Mr. Loney responded to questions from Council Members. Mayor Schmitt asked for comments from the audience. Peggy Dircks of Mike's Auto Repair, 448 -452 1 Ave. W., addressed Council with her concerns about the cost of the project because they would be charged with three SAC's and are looking at another $20,000 above the $38,000 in assessments. She also said that they received an estimate for hook up charges of approximately $30,000 to go around the building because the well is in the back. She would like the City to consider offering SAC credits to help curtail the cost. Heitzman/Clay moved to close the public hearing. Motion carried 4 -0. Clay /Heitzman offered Resolution No. 7122, a Resolution Ordering the Improvement and the Preparation of Plans and Specifications for the CSAH 69 Utility Improvements, Project No. 2011 -6, and moved its adoption. Discussion followed. Official Proceedings of the September 20, 2011 . Shakopee City Council Page -3- Cncl. Heitzman said he would like the SAC credits issued to the property owners to help with the costs of the project. Cncl. Lehman said he's concerned that the cost of the project along with the hook up charges might be more than the benefit of the project. Jim Thomson, City Attorney, advised Council that there is a separate public hearing for the assessment process of the project. The item in front of Council is regarding the approval of the plans and specifications for the utility improvements. Lehman/Clay moved to table Resolution No. 7122 to allow staff to prepare additional information and bring it back to the table on October 4, 2011. Motion carried 4 -0. Cncl. Clay asked for the removal of Consent item 5.A.3, Request for Overnight Use of the Youth Building and use of a Portable Fire pit because he wanted to know if there were fire exits available in the basement of the building if any of the members of the group were going to be sleeping in the basement. Jamie Polley, Parks, Recreation, and Natural Resources Director, stated that no one from the group will be allowed into the basement. Cncl. Clay also wanted to know of the City was subjected to more liability because the group will be sleeping over in the Youth Building. Mr. Thomson said that the City has insurance in the event something would happen. Clay/Heitzman authorized the overnight use of the Youth Building and use of a portable fire pit for a youth event sponsored by Illumination Church from 10 a.m. October 22, 2011 to 7 a.m. October 23, 2011. Motion carried 4 -0. Mayor Schmitt asked for the Council liaison reports. Cncl. Heitzman said he attended the school board meeting. There are 68 more students attending Shakopee Schools this year than projected. There was discussion to reconvene the Facilities Task Force to start working on the projected population growth in relationship to the school buildings. Cncl. Clay attended the Shakopee Public Utility Commission meeting. He said water pumpage is down from last year. The utilities have been relocated by the County Road 42 and Marschall Road. They also discussed Smart Grid Technology. Cncl. Lehman stated that the railroad project is almost complete. He stated that there is an open house for 169/69 interchange project at the Jackson Townhall on Thursday, September 22, 2011. Clay/Heitzman moved to recess for an Economic Development Authority meeting. Motion carried 4 -0. Mayor Schmitt reconvened the meeting at 7:56 p.m. Michael Leek, Community Development Director, presented Council with the Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel. Official Proceedings of the September 20, 2011 Shakopee City Council Page -4- Mr. Leek said that Shakopee Gravel, Inc. has submitted an application for the annual review of a Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for their operation located at 1650 CSAH 83. The application was reviewed and approved by the Board of Adjustment and Appeals. Mr. Leek highlighted for Council a few of the conditions of the approved Resolution No. 6533. Lehman/Heitzman moved to accept the review of the Mineral Extraction and Land Rehabilitation Permit of Shakopee Gravel, Inc. as conditioned in approved Resolution No. 6533. Motion carried 4 -0. Mr. Loney presented Council with Request of S.M. Hentges & Sons, Inc. for Extending Work Hours on C.R. 17 & C.R. 42 Interchange Project. Mr. Loney said that S.M. Hentges and Sons, Inc. is requesting a suspension on the hours to allow for work on Saturdays from 7:00 a.m. to 5:00 p.m. until October 29, 2011 to expedite the work and meet the schedule for the C.R. 17 & C.R. 42 Interchange Project. Lehman/Clay moved to approve suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for S.M. Hentges & Sons, Inc. for work on the CR 17 & CR 42 Interchange Project, per the September 20, 2011 memo from Mr. Loney, and directed staff to publish notice of the suspension terms with the conditions as recommended by staff. Motion carried 4 -0. Ms. Wilson presented Council with the Authorization to Hire an IT Specialist. Ms. Wilson said staff conducted interviews for the position of IT Specialist and is recommending Rachel Romansky for hire. She would be hired at Step F and Grade 6 ($50,192 per year) of the City's 2011 Non -Union Pay Plan, contingent upon successful completion of a pre - employment physical /drug test and background check, and subject to the customary one year probationary period. Clay/Heitzman moved to authorize the hiring of Rachel Romansky for the position of IT Specialist at Step F of Grade 6 of the City's 2011 Non -Union Pay Plan, contingent upon successful completion of a pre - employment physical /drug test and background check. Motion carried 4 -0. Lehman/Heitzman moved to adjourn to Tuesday, October 4, 2011 at 7:00 p.m. Motion carried 4- 0. The Council meeting ended at 8:08 p.m. , L c J dith S. Cox ' ity Clerk Kim Weckman Recording Secretary