HomeMy WebLinkAbout5.F.2. Approval of Minutes: November 22 and December 06, 2011ADJ. REGULAR SESSION
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SHAKOPEE, MINNESOTA NOVEMBER 22, 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, as well as Mayor Elect Brad Tabke and
Councilor Elect Jay Whiting. Also present Mark McNeill, City Administrator; Kris Wilson,
Assistant City Administrator; Julie Linnihan, Finance Director; Rick Coleman, Fire Chief and
Judith S. Cox, City Clerk.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said
there were no changes to the agenda.
Punt/Heitzman moved to approve the agenda. Motion carried 5 - 0.
Mark McNeill, City Administrator, presented council with the Fire Service Agreement Update.
Mr. McNeill stated that the Townships are currently working on a fire agreement with the City.
The City and townships have not yet met to discuss the agreements they have each been working
on. He stated that sometime in the future the City will be meeting with the townships to get their
input in the matter.
Ms. Linnihan said that the City of Shakopee has existing agreements with Jackson and Louisville
Townships, specific to fire service and the related costs. The current, agreements were developed
in 1994 and have not been recently reviewed or updated.
Ms. Linnihan said the existing agreement provides for a payment calculation that requires
modification to the approved budget amounts and can be difficult to track. Ms. Linnihan said the
Fire Chief, City Administrator and herself discussed revising the agreement with the townships
to simplify the agreement, make it more meaningful, trackable, cover the costs that are critical
for everyone to participate in and to provide a cost sharing that would be appropriate and
affordable.
Ms. Linnihan said that staff is recommending adding into the cost sharing agreement the charge
for facilities and building allocation. She also said that there has always been a 15% City
overhead in the agreement and staff is proposing reducing it to 10 %.
Ms. Linnihan then discussed the share value formula for the City and both townships. The City
share value would be 92.08 %, Jackson Township at 2.99% and Louisville share of value would
be 4.93 %. The formula is based on gross tax capacity.
Ms. Linnihan discussed with Council the fact that the current contract with the townships does
not have any language in it regarding adjustment of the contract. She asked Council if they
would be in agreement to have language in the contract that would allow for an annual yearly
review of the contract. All Council members agreed.
Lehman/Punt moved to direct staff to continue working on an agreement with Louisville and
Jackson townships regarding fire service, the administrative function should be detailed so the
numbers are not altered, change the language of the contracts to five years with an annual one
year review, and bring back numbers regarding valuation based on market value, tax capacity,
with land or without land, for each. Motion carried 5 -0.
Official Proceedings of the November 22, 2011
Shakopee City Council Page 2
Chief Coleman provided an update of the construction on the new Station 2, fire station on
Vierling Dr. He said the anticipated move in date is December 17, 2011. If the move does not
occur on that date, he anticipates the move to occur after January 1, 2012. He provided various
current pictures of the building for Council to look at.
Ms. Wilson presented Council with the Wage Rates for Paid -on -Call Firefighters.
Ms. Wilson said that during discussions of the City's 2012 operating budget, the Council agreed
to include $25,000 in new funding for part-time wages in the Fire Department. The City is
currently served by 43 paid -on -call firefighters who are paid $10.00 per hour for attendance at
calls, drills and meetings and receive a pension of $7,500 per year of service after 20 years. The
$10.00 rate went into effect on January 1, 2004.
Staff is asking Council to consider raising the hourly wage by fifty cents to $10.50 per hour for
calls, drills and meetings for all employees that have completed the first year of their
probationary period. It is recommended that new hires continue to be paid $10.00 per hour until
they successfully complete one year of service. The estimated cost is $10,000 for 2012.
Ms. Wilson also discussed incentive pay. Incentive pay would be tied to attendance levels. The
incentive pay concept could be expanded to include other areas such as physical fitness and
education/training. Each firefighter's attendance percentage would be calculated for the 12-
month period of November 1 through October 31. If they exceed one of the attendance
thresholds, the City would multiply their total hours for that 12 month period by the appropriate
incentive pay for that threshold and issue a standalone check for that amount on or about
December 1.
The proposed dollar amounts for the individual attendance thresholds are:
50 -59% - $0.50 per hour
60 -74% - $0.75 per hour
75 %+ - $1.00 per hour
The estimated cost of the proposed incentive program for 2012 is $7,500 to $10,000.
Clay /Lehman moved to direct staff to proceed with the changes to the wage rates for paid -on -call
firefighters as outlined by staff and bring back a resolution for council consideration. Motion
carried 5 -0.
Chief Coleman presented Council with the Planning for Future Fire Service Needs.
Chief Coleman discussed daytime fire response. The calls during the day have been increasing
and the number of firefighters responding has been decreasing. Two issues that attribute to the
problem is employers willing to let their employees respond to fire calls and the distance because
many of them do not work in the city.
Chief Coleman stated a possible solution to the problem is a Daytime Duty Crew. Chief
Coleman provided Council with options for Daytime Duty Crews. Option one would be daytime
crews pulled from paid -on -call staff. Option two would be to hire part-time staff. Option three
would be hire full -time staff.
Official Proceedings of the November 22, 2011
Shakopee City Council Page 3
Chief Coleman discussed the need for a full time Training Chief especially if a third fire station
is built. Also, the need for a third fire station in the future as well as the added personnel costs
for additional firefighters, operating costs, fleet costs, and construction costs.
Chief Coleman provided two time lines for the third fire station with variations of adding new
firefighters, a training chief, and construction and funding of a third station. A cost summary of
opening a third fire station including debit service, additional personnel, operation & fleet costs
is estimated at $680,000. Adding a Daytime Duty Crew could cost up to $350,000, annually.
Chief Coleman discussed the tax impact using today's dollars and tax base on an average value
home in Shakopee - $246,200. The Daytime Response/Duty Crew tax increase would be $24
annually and $48 annually for a third fire station.
Mr. McNeill summarized that staff is asking council to look at adding daytime staff to increase
the daytime response and to continue to consider the concept of a third fire station over time.
Funding for a daytime duty crew is a 2013 budget discussion.
Council discussed the information provided to them and agreed that further discussion is needed
regarding, the future needs of the Fire Department.
Lehman/Clay moved to recess for a five minute break. Motion carried.
Mayor Schmitt reconvened the meeting at 8:50 p.m.
Ms. Linnihan presented Council with the Relief Association Bylaws Update.
Ms. Linnihan said the Shakopee Fire Department Relief Association has been working with City
staff to develop updated bylaws. The bylaws have been discussed and reviewed by City staff,
the City Attorney and Board members. The current bylaws were last approved in September
2001.
The new bylaws are based on a model which is significantly different from the existing bylaws
making a side by side comparison of the two difficult. Based on this factor, staff had requested a
review of the bylaws by City Attorney, Jim Thompson, who has stated that the primary concern
during any bylaw update is to ensure that any changes to benefit coverage be specifically
identified for Council action. The current pension amount, which was established in 2005, is set
at $7,500 for each year of pension benefit. This amount is not changing. The Fire Relief
Association and staff are submitting and requesting approval of the updated bylaws, which
results in no additional pension obligation..
Lehman /Clay offered Resolution No. 7140, A Resolution Approving the Bylaws of the Shakopee
Fire Department Relief Association, and moved its adoption. Motion carried 5 -0.
Kris Wilson, Assistant City Administrator, presented Council with an Amendment to the
Personnel Handbook for Paid -On -Call Firefighters.
Ms. Wilson stated that she is looking for Council's approval on several amendments. The
proposed amendments are as follows:
Official Proceedings of the November 22, 2011
Shakopee City Council Page 4
1. Pay Periods & Pay Days — change the handbook to reflect the City's change to the pay
period from one calendar month to a 28 pay period and the paydays from the second
Friday of the month to every fourth Monday.
2. Attendance Requirements for Pension — that a year of service credit will be awarded to
each firefighter that has met the requirements established by the City.
3. Two -year Probationary Period — the City went to a two -year probationary period for pay -
on -call firefighters. Identifying certain milestones that are achieved after successful
completion of just one year of the probationary period.
4. Annual Medical Exam — requirements to complete an annual medical exam are formally
listed in the Personnel Handbook.
Ms. Wilson said there is no budget impact associated with any of the changes.
Punt/Clay offered Resolution No. 7137, a Resolution Amending Resolution No. 6807 Adopting a
Personal Handbook for Paid -on -Call Firefighters of the City of Shakopee and moved its
adoption. Motion carried 5 -0.
Mayor Schmitt asked there were any other Council concerns or business.
Cncl. Lehman asked when staff is bringing back the building maintenance use policy for
clarification and the overlay assessment policy.
Mr. McNeill said that he's discussed the overlay assessment policy with the Public Works
Director and the building maintenance policy issue will be on the agenda on December 20, 2011.
Punt/Heitzman moved to adjourn. Motion carried 5 -0.
The Council meeting ended at 9:16 p.m.
l J dith S. Cox
ity Clerk
Kim Weckman
Recording Secretary
REGULAR SESSION
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SHAKOPEE, MINNESOTA DECEMBER 6, 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, as well as Mayor Elect Brad Tabke and Councilor Elect
Jay Whiting. Also present Mark McNeill, City Administrator; Kris Wilson, Assistant City
Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Bruce Loney, Public Works Director /City Engineer; Julie Linnihan, Finance
Director; Jeff Tate, Police Chief; and Rick Coleman, Fire Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said there
were no changes to the agenda.
Clay/Heitzman moved to approve the agenda. Motion carried 5 -0.
In the Mayor's report Mr. McNeill said that unfortunately Chris Gorton was not able to attend the
meeting to receive a plaque recognizing her service on the Planning Commission. Staff will deliver
the plaque to her at a later time. Mayor Schmitt had no other report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. There were no
additions or deletions to the Consent Agenda.
Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent Agenda.
Motion carried 5 -0.
Lehman/Heitznian moved to renew the Hardware and Software Support Agreement for the 2012 year
(for police digital dictation system) with Northland Business Systems and authorize the appropriate
city officials to sign the agreement at a cost not to exceed $3,750.77. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to authorize the appropriate City officials to enter into a Joint Powers
Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department,
and authorize the expenditure of $8,400.00 from drug forfeiture funds. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to declare the 1994 Acura Legend, VIN: JH4KA7674RC011239; the 1995
Lincoln Towncar, VIN: 1 LNLM81 W 1 SY707479; the 1999 Lexus LX7, VIN: JT6HT00W4X0066082;
the 2002 Mercury Sable, VIN: 1MEFM50U82A632979; and the 2005 Subaru Impreza, YIN:
JF1GD70685L521477 as surplus property. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the appropriate city officials to enter into agreements with
Independent School District #720 to extend the current Police Liaison and School Resource Officer
Agreements through December 31, 2012. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution Number 7148, a Resolution of the City Shakopee, Minnesota,
Amending the 2011 Grant Agreement for the Southwest Metro Drug Task Force, and moved its
adoption. (Motion carried under the Consent Agenda)
Official Proceedings of the December 6, 2011
Shakopee City Council Page 2
Lehman/Heitzman moved to authorize the appropriate City officials to execute the electrical
inspections contract with Terry Krominga for the years 2012 and 2013. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve a Request for Proposal for the CSAH 17 and Vierling Drive and
CSAH 17 and TH 169 North Ramp Intersection Improvement Project and direct staff to solicit
proposals. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7147, A Resolution Accepting Work on the 2011
Bituminous Overlay, Project No. 2011 -2 and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman moved to authorize the hiring of Elizabeth Carlson as a half-time, probationary
Evidence Technician at Step E of Grade Level 3 of the City's 2011 Non -Union Pay Plan, subject to
successful completion of the remaining pre - employment evaluations. (Motion carried under the
Consent Agenda)
Lehman/Heitzman offered Resolution No. 7146, A Resolution Adopting the 2012 Pay Plan for Part -
Time Employees of the Shakopee Fire Department, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve an unpaid leave of absence for Officer Frank Coburn from
November 9, 2011 through January 18, 2012. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the bills in the amount of $494,535.80 and electronic transfers in
the amount of $527,409.10 for a total of $1,021,944.90. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the minutes of November 1, 2011 and November 15, 2011.
(Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7143, A Resolution Apportioning Assessments Among New
Parcels Created As A Result Of The Platting of Dean Lakes Seventh Addition, and moved its adoption.
(Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the City Clerk to issue tobacco licenses for 2012. (Motion
carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7145, A Resolution of the City of Shakopee, Minnesota,
Approving Premises Permit for the Shakopee Lions Club, and moved its adoption. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to direct staff to advise those individuals whose terms are expiring on boards
and commissions (who have not served three consecutive terms) that they are eligible for
reappointment; and, announced that the City will be advertising and accepting applications from
Shakopee citizens for boards and commissions beginning in January. Applications may be obtained at
the City offices during regular hours, can be mailed if requested, or obtained from the City's website.
(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 December 6, 2011
Shakopee City Council Page 3
Julie Linnihan, Finance Director, presented Council with the 2011/2012 Tax Levy and Operating
Budget — Resolution Nos. 7141 and 7142.
Ms. Linnihan explained to Council and the audience the process required under State Statute regarding
the tax levy and budget.
Ms. Linnihan then provided an overview of the activities and events and discussions that have taken
place between staff and Council during the budget sessions with Council. She explained the processes
and reviewed the outcomes. She also said the laws for "Truth in Taxation" have changed since 2010.
The special published notice is no longer required and the tax levy and budget can be adopted at the
same meeting as the budget resolution.
Ms. Linnihan explained that the tax capacity rates reflect the actual levy divided by the tax capacity of
a community. She then discussed Market Value Exclusion as having a significant increase for
surrounding communities. The Market Value Exclusion has resulted in increased property tax rates
even if the City's tax levy were to remain flat.
The proposed tax capacity tax levy for the City in 2011/2012 is $15,072,000, an increase of
$354,562.00. This is the first increase to the General Levy in several years. During the budget
discussions held by Council with staff, the issues of future funding for capital outlay for infrastructure,
debt service obligations as well as increased operational costs for products and services will require the
City to present an increase in levy amount for the 2012 levy collections.
Also included is the amount of the levy for Debt Service, established at $294,910, which in
comparison to the previous year amount of $145,788 is an increase of $149,199. The levy for the
market value based referendum bonds is increased from $120,000 to $130,000, with $118,528 of the
specific levy being proposed for cancellation, which is consistent with the previous year's levy.
After questions from Council were answered by Ms. Linnihan, Mayor Schmitt asked if there was
anyone in the audience that wanted to address Council.
Jason Clough, 2947 Wyndam Ct., stated that he has concerns about a tax increase. He suggested to
Council that more dollars go into economic development and decreasing the public safety budget.
Mark Yost, 6825 Sussex Lane, also had questions regarding the police department budget and calls to
Canterbury and Valleyfair. He also thanked Ms. Linnihan for her explanation of the tax levy and
budget as well as thanking Council and staff for the work they do for the citizens of Shakopee.
Ms. Linnihan summarized the considerations for the Council for the levy presented by staff.
Discussion followed on: going with the preliminary levy adopted in September (which provides for an
increased levy), keeping the levy flat with 2011, looking at the underspend and using it as an additional
source to supplement the levy, and transferring underspend to the capital infrastructure fund (CIF).
After council discussion there was consensus that the 2011 /2012 fund levy would be reduced to the
same amount as the prior year total levy of $14,717,438. This consists of a general levy of
$14,500,931 and a debt service levy of $136,507, and an EDA levy of $80,000. The levy certification
will also include a separate levy for a referenda levy (Fire Station) of $120,000, which is the same as
the prior year.
Official Proceedings of the December 6, 2011
Shakopee City Council Page 4
Lehman/Heitzman offered Resolution Number 7141, A Resolution Setting the 2011 Tax Levy,
Collectable in 2012, and moved its adoption. After a discussion regarding the Debt Service dollar
amount, Cncl. Lehman modified his motion to reflect a $10,000 decrease to the Debt - Service — Fire
Referenda to $120,000. Motion carried 5 -0.
Punt /Lehman offered Resolution Number 7142, A Resolution Adopting the 2012 Budget, and moved
its adoption. Discussion followed. Cncl. Punt asked if the change to Resolution 7141 would affect the
budget. Ms. Linnihan stated that it would not affect the budget. Mayor Schmitt asked for a vote.
Motion carried 5 -0.
Mayor Schmitt asked for Council liaison reports. Cncl's. Lehman, Heitzman and Punt had nothing to
report. Cncl. Clay attended the Shakopee Public Utilities Commission meeting. He said the water
systems are working fine. He said that SPUC is continuing to finish up their GIS work to get all of the
valve locations into the system. Mr. Clay that the commission also made a couple of increases to help
shore up fund balances for the water connection charges and the trunk water charges.
Lehman/Clay moved to open the public hearing for 2012 Fee Schedule. Motion carried 5 -0.
Ms. Cox presented the 2012 Fee Schedule. She said each year the City Council adopts a fee schedule
by ordinance for the ensuing year. Department heads have been asked to re- examine their fees and
make appropriate recommendations for adjustments. Ms. Cox summarized the recommendations for
Council.
Mayor Schmitt asked if there was anyone in the audience that wanted to speak at the public hearing.
No on responded.
Heitzman/Clay moved to close the public hearing. Motion carried 5 -0.
Clay /Punt offered Ordinance No. 850, Fourth Series, An Ordinance Setting 2012 Fees for City
Licenses, Permits, Services and Documents, and moved its adoption. Motion carried 5 -0.
Michael Leek, Community Development Director, presented Council with the Dean Lakes
Conservation Easement Encroachment Request.
Mr. Leek said that Ryan Companies is requesting the ability to extend utilities to the new JoAnn
Fabrics store through the conservation easement. The developer is requesting the ability to encroach
into the conservation easement in order to extend phone and gas utilities to the store under
construction. The intent is to directional bore the utilities in place and restore any disturbance to the
existing condition consistent with the restoration requirements of the area.
Dan Harlander of Ryan Companies said that the recommendation from the gas company was to go
through the conservation easement to provide service to the building.
Lehman/Punt moved to direct staff to prepare appropriate documents to allow the placement of phone
and gas utilities within the conservation easement area to the JoAnn Fabrics store, requested by Ryan
Companies; and, authorized the appropriate City officials to execute any necessary agreements.
Motion carried 4 -1 with Cncl. Clay dissenting.
Bruce Loney, Public Works Director /City Engineer, presented Council with the Overhead Power
Relocation on CSAH 69 Reconstruction.
Official Proceedings of the December 6, 2011
Shakopee City Council Page 5
Mr. Loney reminded Council that they approved a layout drawing on the Scott County CSAH 69
Reconstruction Project. Associated with this project is the relocation of existing overhead power lines.
Council has the right to require the existing power lines go underground or be relocated overhead.
Mr. Loney said that Joe Adams, Planning and Engineering Director with Shakopee Public Utilities,
provided a memo outlining the cost alternatives for removal of existing overhead, for relocating
overhead or undergrounding power lines.
In review of the project area the cost of undergrounding power lines is more than overhead due to rock
excavation. The SPU Commission voted to accept the estimated costs and move this item to the City
Council for action, per the City's Right -of -Way Management Ordinance.
In review of the items listed in Mr. Adam's memo, staff would recommend relocating the existing
overhead line from the Shakopee Substation to Scott Street and to be placed underground. Staff does
not recommend the undergrounding of the 1 St , 2 and 3 overhead primary crossings over CSAH 69 as
just west of the substation, north of the railroad bridge and 3 Avenue due to the high cost of
undergrounding in these areas because of rock excavation.
Because Joe Adams was not present at the meeting to answer questions, Cncl. Lehman asked if tabling
the motion would be appropriate.
Lehman/Punt moved to table action on overhead power relocation on CSAH 69 reconstruction until
further information can be obtained. Motion carried 5 -0.
Mayor Schmitt asked there were any other Council concerns or business. Cncl. Heitzman asked if
Holmes Park would have an ice rink this year. Mr. Loney said he would have Public Works flood the
rink this year, but there will not be a rink attendant.
Lehman/Heitzman moved to recess for an executive session to discuss labor negotiations at 9:08 p.m.
Motion carried 5 -0.
Mayor Schmitt reconvened the meeting at 9:48 pm. and announced that the council was coming back
out of executive session to discuss union negotiations and that no action was taken.
Clay/Heitzman moved to adjourn to December 20, 2011 at 7:00 p.m. Motion carried 5 -0.
The meeting ended at 9:48 p.m.
dith S. Cox
City Clerk
Kim Weckman
Recording Secretary