HomeMy WebLinkAbout4.F.2 City Council Minutes from September 3, 2013. Consent Business 4. F. 2.
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Linnihan, Finance Director/City Clerk
DATE: 09/17/2013
SUBJECT: City Council Minutes from September 03, 2013. (F)
Action Sought
Move to approve the City Council minutes from September 03, 2013.
Attachments: 09/03/13 City Council Minutes
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA September 03,2013
1. Roll Call
Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken.
Present: Mayor Brad Tabke, Councilmembers, Jay Whiting, Matt Lehman, and Steve Clay
Staff Present: Mark McNeill, City Administrator; Kris Wilson,Assistant City Administrator;
R. Michael Leek, Community Development Director; Bruce Loney, Public Works
Director/Engineer; Julie A. Linnihan,Finance Director/City Clerk; Samantha DiMaggio,
Economic Development Coordinator; Jeff Tate, Police Chief; Rick Coleman, Fire Chief; and Jim
Thomson,City Attorney
2. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill advised Council of the following changes to the agenda. Add 63,Public Hearing
for Liquor License Violation for Valley Fair; 10.C.1,Discussion of Sod Availability.
Whiting/Clay moved to approve the agenda as amended. Motion carried 4-0.
3.A Appointment of Interim City Councilperson Patrick Heitzman—Res. No. 7351
I
I
Mr. McNeill said that on July 29, 2013, City Council accepted with regret the resignation of
Pamela Schurman which would become effective after August 31, 2013. Council then directed
staff to look for past council members that have served during the past 8 to 10 years who were
not interested in running for office in this year's city election, for consideration as possible
candidates for interim City Councilmember. After reviewing the previous Council records,the
individuals who would qualify under those criteria were Patrick Heitzman, Terry Joos, Steve
Menden, and Joseph Helkamp.
Mr McNeill said he had spoken with all four individuals, and that Patrick Heitzman and Terry
Joos indicated their interest in the position. At the August 7,2013 meeting,the Council by
consensus determined Patrick Heitzman could be appointed to the position starting on September
1, 2013 and will serve through December 31,2013. However,the appointment could not take
place until after the vacancy became official on September 1, 2013.
Lehman/Clay offered Resolution No. 7351,A Resolution Appointing Patrick Heitzman to City
Council. Motion carried 3-1 with Cncl. Whiting in dissent.
Patrick Heitzman was sworn in as City Councilmember by Julie A. Linnihan,Finance `
Director/City Clerk.
I
{
i
{
Official Proceedings of the September 03,2013
Shakopee City Council Page 2
4. Consent Business
Mayor Tabke asked to remove 4.17.4,Accept Resignation of Economic Development Advisory
Commission Member.
Whiting/Lehman moved to approve the Consent Agenda as amended. Mr. McNeill read the
Consent items. Motion carried 5-0.
4.A.1 Clay/Whiting moved to approve the execution and sending of a letter of concurrence to
the Federal Transit Administration designating Metropolitan Council as the direct recipient of
Section 5307 federal transit formula funds for the seven-county Minneapolis-St. Paul
metropolitan region. (Motion carried under the Consent Agenda)
4.A.2 Clay/Whiting moved to supporting further discussions with Minnesota Valley Transit
Authority regarding transit service consolidation and/or cooperation. (Motion carried under the
Consent Agenda)
4.B.1 Clay/Whiting offered Resolution No. 7348, a Resolution Renewing a Joint Powers j
Agreement with the Minnesota Internet Crimes Against Children Task Force and the State of I
Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension.
(Motion carried under the Consent Agenda) II
I
4.B.2 Clay/Whiting moved to declare the listed property surplus and authorize its disposal per
City Code. (Motion carried under the Consent Agenda) j
4.B.3 Clay/Whiting moved to declare the 2002 Jeep Liberty,VIN: 1J8GL48K42W365194; and
the 2006 Chevrolet Malibu,VIN: 1 G 1 ZT51 F 16F 178755 as surplus property. (Motion carried
under the Consent Agenda)
4.C.1 Clay/Whiting moved to approve a suspension of City Code Sec. 10.60,Noise Elimination
and Noise Prevention, Subd, 3,Hourly Restrictions on Certain Operations, D,allowing work and
directing staff to publish notice of the suspension terms with the conditions as recommended by
staff. (Motion carried under the Consent Agenda)
4.C.2 Clay/Whiting moved to approve a suspension of City Code Sec. 10.60,Noise Elimination
and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations, D, allowing work and
directing staff to publish notice of the suspension terms with the conditions as recommended by
staff(Motion carried under the Consent Agenda)
4.C.3 Clay/Whiting offered Resolution No. 7344,A Resolution which rejects all bids received
for the East Shakopee Industrial Sewer Improvements,Project No. 2013-4. (Motion carried
under the Consent Agenda)
4.C.4 Clay/Whiting moved to authorize the appropriate City officials to execute an extension i
agreement with WSB &Associates,Inc. for a MS4 Program Update at a cost not to exceed
$19,900.00. (Motion carried under the Consent Agenda)
4.E.1 Clay/Whiting offered Resolution No. 7352, a Resolution of the City of Shakopee,
Minnesota Accepting the Donation of$1,000 from Home Choice. (Motion carried under the
Consent Agenda)
i
I
i
Official Proceedings of the September 03,2013 1
I
Shakopee City Council Page 3
4.F.1 Clay/Whiting moved to approve the bills in the amount of$ 851,058.12 and electronic
transfers in the amount of$591,972.10 for a total of$ 1,443,030.22. (Motion carried under the
Consent Agenda)
4.F.2 Clay/Whiting move to approve the minutes of August 07, 2013 and August 20, 2013.
(Motion carried under the Consent Agenda)
4.F.3 Clay/Whiting moved to approve the application and grant a massage therapist license to
Ilana Rosenthal. (Motion carried under the Consent Agenda)
I
UA Removed from Consent Agenda.
5. Recognition of Involved Citizens by City Council.
Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on
the Agenda.
Bill Iverson 1845 Countryside Dr., addressed Council over concerns of the Council not
following procedure with regard to reimbursement for an out of state trip the Mayor took to
California;the Council's decision to increase their pay;the recent tax abatements; and not
adhering to the City's mission statement, specifically the wording pertaining to a small town
atmosphere within a metropolitan setting.
6. Public Hearings:
6.A Public Hearing for Issuance of Solid Waste Revenue Bonds for Recovery
Technology Solutions Shakopee(RTS),LLC
Whiting/Clay moved to open the public hearing. Motion carried 5-0.
Ms. DiMaggio, stated that a public hearing to consider the issuance of Solid Waste Revenue
Bonds to Recovery Technology Solutions Shakopee, LLC was originally scheduled for
September 3,2013. The company is now requesting that the public hearing be opened and
continued until October 1, 2013 which will allow them additional time to finalize the terms and
structure of the bonds, and the bond documents.
Staff is recommending that the Public Hearing be opened, and be continued until October 1,
2013.
Mayor Tabke asked if there was anyone in the audience that wished to speak. No one responded.
Clay/Whiting moved to continue the public hearing until October 1,2013. Motion carried 5-0.
6.B Public Hearing—Liquor License Violation
Lehman/Heitzman moved to open the public hearing. Motion carried 5-0.
Mr. McNeill said that Magnum Management Corporation dba Valleyfair, had a liquor violation
which occurred October 6,2012. The Valleyfair employee plead guilty in court on May 23,
2013.
Official Proceedings of the September 03, 2013
Shakopee City Council Page 4
i
a
This is Valleyfair's second penalty within 3 years; a prior violation occurred on June 17, 2012.
As a second violation within three years,the City Code calls for a$1,500 fine, and a five day
suspension of the license.
Dave Frazier, General Manager of Valleyfair, addressed Council stating that since the violation
they have improved their training with regard to liquor violations and that most of the
supervisory staff which had been working food service positions are no longer working at
Valleyfair. He asked if there were options with regard to the five day suspension. Mr. Frazier
also stated that Valleyfair currently has five liquor licenses and are working with the state
legislature to have only one license for the next season.
Frank Padilla, Director of Purchasing and Food for Valleyfair,provided Council with an
overview of their staff training process with regard to serving alcohol.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public;
hearing.
Bill Iverson 1845 Countryside Dr., asked Council to consider revising the City ordinance to be
similar to Bloomington, MN ordinance in which the server is the permit holder and not the
business. Mr. Thomson advised Council that what Mr. Iverson was suggesting is the same
ordinance that Shakopee has adopted. The server in the Valleyfair case was punished through
the court system. He stated that what was before Council that evening was is the administrative
penalty on the license that Valleyfair holds.
Jordan Olson, 249 Mound St.,questioned why the City was considering suspending all five
licenses when only one of them was violated.
Clay/Whiting moved to close the public hearing. Motion carried 5-0. i
Clay/Heitzman moved to direct staff to research the license issue to determine if the five day
suspension would include all five liquor licenses. Motion carried 5-0.
7. Business removed from the Consent Agenda
i
Mayor Tabke had asked for the removal of 4.F.4,Accept Resignation of Economic Development
Advisory Commission(EDAC)member because he would like to see the vacant position on the
Economic Development Advisory Commission filled, instead of waiting until February to fill it.
Ms. DiMaggio stated that EDAC will also be missing one other member due to family leave.
She asked if the EDAC would be with two vacancies would there be enough existing members
for a quorum?
Whiting/Clay accepted, with regret,the resignation of Ryan Love,Economic Development
Advisory Committee member,and direct staff to fill that position as soon as possible. Motion
carried 5-0.
8. Recess for Economic Development Authority Meeting
Lehman/Clay moved to recess for an Economic Development Authority meeting. Motion
carried.
i
Official Proceedings of the September 03,2013
Shakopee City Council Page 5
9. Reconvene
Mayor Tabke reconvened the meeting at 7:50 p.m.
10. General Business
10.C.1 Update on Sod Availability—2013 Reconstruction Proiect
Mr. Loney advised Council that there is currently a sod shortage due to hot and dry weather
conditions.
Tim Culp of Chard Tiling and Jim Larson of J&R Larson Enterprises discussed the option of
hydro-seeding,rather than using sod on the 2013 street reconstruction project. They discussed j
the process and noted cities that have used this method. If the Shakopee City Council would i
approve the use of hydro-seeding, Mr. Larson stated they would begin the process the following
week.
Lehman/Clay moved to direct staff to move forward with hydro-seeding, and to negotiate with
the contractor on pricing and the educational pieces. Motion carried 5-0.
10.D.1 Authorization to Hire Four Full-Time Firefighters
Kris Wilson,Assistant City Administrator, said that on May 7,the City Council previously
approved a job description for the position of full-time firefighter and authorized staff to begin
the recruitment process to fill four positions. The positions were posted and a total of 230
applications were received by the deadline. That included 13 internal, and 217 external
candidates. Of that number, 120 were invited to take the written test, and 94 actually took the
test. Sixty-eight candidates who scored 80%or better on the written test were invited to first
round interviews. Of those, 24 candidates advanced to second round interviews. The second
round interview panel consisted,of Fire Chief Rick Coleman,Police Chief Jeff Tate, and Greg
Hayes,Director of Emergency Services for the Shakopee Mdewakanton Sioux Community.
The interview panel's recommendation is that David Giddings, Robert Indrebo, Joseph Simon
and Ryan Yttreness be hired to fill the four positions. All four are internal candidates, and each
possesses all of the required licenses and certifications,including National Registry EMT.
i
Funding for these four positions was included in the Fire Department's operating budget for
2013. Given that each has significant experience with the Shakopee Fire Department,it is
recommended that all four be hired at Step E of the pay grade,which is the second of six steps,
and equals$23.47 per hour or$48,813 per year.
Whiting/Clay moved to authorize the hiring of David Giddings,Robert Indrebo,Joseph Simon
and Ryan Yttreness as full-time firefighters at Step E of Grade 5 of the 2013 Non-Union Pay
Plan, subject to successful completion of the required pre-employment background check,
physical, drug test and functional capacity exam. Motion carried 4-1 with Cncl. Lehman in j
dissent.
10.D.2 Appointment to Hire Office Assistant
Ms. Wilson said that with the recent retirement of Jeanette Shaner and promotion of Lori Hensen
to the position of Deputy City Clerk,there is one full-time opening in the Finance/City Clerk
i
i
r
Official Proceedings of the September 03,2013
Shakopee City Council Page 6
Department.
On July 2, Council authorized advertising for an Office Assistant. The posting resulted in 145 j
applications and ten candidates were interviewed.
The interview panel recommends hiring Ann Meyerhoff for the position of Office Service
Worker. Funding for this position was included in the adopted 2013 budget for the City Clerk's
division of the Finance Department. The recommended starting wage is the first step of the pay
grade for this position,which equals$18.47 per hour. i
Lehman/Heitzman moved to authorize the hiring of Ann Meyerhoff as an Office Assistant with
the Finance Department, at Step E of Grade 3 of the 2013 Non-Union Pay Plan, subject to
successful completion of the required pre-employment physical, drug test and background check. j
10.F.1 Adoption of the 2013 Proposed Maximum Property Tax Lew and Preliminary
General Fund Budget—Res.No. 7349
Julie Linnihan, Finance Director stated that annually, the City of Shakopee is required to comply
with the statutory September 15th deadline of submitting a preliminary property tax levy to Scott
County. This levy amount is certified to Scott County, after Council approval.Adoption of the
final property tax levies, as well as adoption of a final budget will be brought back to Council at
the first meeting of December, 2013. These final levy amounts will be submitted to Scott County
prior to December 31, 2013, and will be the amounts used to determine the property tax
statement impacts for 2014.
Prior to the adoption of the final levies, debt service cancellations and budget approval, City staff
and Council will meet to review and discuss specific areas of the budget that will either increase
of decrease budget amounts from prior years.
The December 3,2013 City Council meeting will be the date and location of the public meeting
that is listed on the parcel specific notices that are sent to property owners by Scott County, in
mid to late November. The meeting for the 2014 budget year will provide for discussion of the
proposed budget, levy, and(new in 2013)a discussion specific to the sales tax exemption and the
potential impact or tax savings that will have on the City of Shakopee.
City staff is recommending that the City Council adopt the maximum preliminary levy increase
for the 2013/2014 budget year, as several factors will impact the upcoming year.
The 2013 Legislature imposed a Levy Limit increase of 3% for FY 2014. The Department of
Revenue recently confirmed that the maximum levy limit amount for the City of Shakopee is
$15,793,220. This compares to this year's final levy amount of$15,333,223, which means a
maximum increase of$459,997.
The Preliminary Levy cannot be increased during the pending budget and levy review period of
September through December,but it can be reduced.
Whiting/Lehman offer Resolution No. 7349,Adoption of the Proposed Preliminary Maximum
Property Tax Levy and move its adoption. Discussion followed.
Official Proceedings of the September 03,2013
Shakopee City Council Page 7
Cncl. Lehman asked if the property tax levy and the bond payment could be reduced prior to the
final levy being adopted in December. Ms. Linnihan advised Cncl. Lehman that he was correct.
Cncl. Whiting commented that Council needs to address the City's debt and agrees that it should
be done with the levy.
Mayor Tabke asked for a vote on the motion, Motion carried 5-0.
10.F.2 Canceling Debt Service Lew for 201.3/2014—Res.No. 7350
For several years,the debt service levies for individual debt service issues have not been levied
through the traditional process of an individual debt service levy,which is above the General
fund preliminary levy amount approved each September. The debt service principal and interest
payments are made from the payments collected through special assessments, cash position,
interest earnings or fund transfers.
The 2004B debt service reflects an increase in the levy from$150,000 in 2012 to $175,000 in
2013, to increase the funding for the 1996 Fire Station construction. This debt service was
approved by the voters, and is considered referenda debt.
The 2006A debt service is for the Road and Infrastructure projects on Valley View CR 83 as
well as 2005 and 2005 overlays and reconstruction projects. This debt will mature in 2017.
City staff continues to work with Springsted Financial to insure that if a debt service obligation
meets an early call date,that the city will consider and act on a debt restructuring program. At
this time there are no refinancing options.
Staff recommended the approval of resolution No. 7350, canceling debt service levy for
2013/2014. Staff recommends the cancellation of the debt service issues in the amount of
$693,784. This will provide for two separate debt service levies, 2004B and 2006A in the
amount of$518,959 presented in the Proposed Property Tax Levy Resolution, # 7349.
The 2014 budget will allow for two debt service levies in 2014,Issue 2004B and 2006A as
presented in the 2013/2014 Proposed Property Tax Levy Resolution. All other debt service
levies will be cancelled by this resolution.
t
Lehman/Clay offered Resolution No. 7350, Canceling debt service levies for 2013/2014, and
move its adoption. Motion carried 5-0.
Cncl. Clay asked Ms. Linnihan to explain what canceling debt services means. Ms. Linnihan
said debt cancelation is eliminating a specific property tax levy for the individual debt service
payments,and recognizes that debt payment is still made but uses existing fund cash or position.
Mayor Tabke asked for a vote on the motion. Motion carried 5-0.
11. Council Members' Reports
Cncl. Heitzman had no report.
Official Proceedings of the September 03, 2013
Shakopee City Council Page 8
Cncl. Clay attended the Shakopee Public Utility Commission meeting. He talked about recent
power outages and electrical usage. There was also discussion about the upcoming usage of
electricity from the new businesses that are moving to Shakopee. It was reported that there is
enough existing capacity to handle the new influx of businesses during the first phase. An
additional transformer may need to be added to a substation in the final phases of the projects.
Cncl. Lehman had no report but did say he attended the last race at Raceway Park, which was
held September 1 sc
Cnel. Whiting attended the school board meeting. The board inducted eight members into its
2013 Shakopee Hall of Fame. The board added boys & girls lacrosse for the spring 2013/14
season.
The school board approved the addition of Kindergarten spaces to five elementary school
facilities. They also held their first reading of the facilities long-range plan, which includes a
bond referendum package.
Mayor Tabke attended a tour of Rahr and Koda Energy. He also stated that Compass Data
Center is moving to Shakopee but not taking the abatement offered for the project.
12. Other Business
13. Adjourn
Heitzman/Lehman moved to adjourn to Tuesday, September 17, 2013 at 7:00 p.m. Motion
carried 5-0.
Meeting ended at 8:47
° Julie A. Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary