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HomeMy WebLinkAbout4.F.2. Approval of Minutes: September 17, and October 1, 2013 Consent Business 4. F. 2. SHAKOME TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 10/15/2013 SUBJECT: Approval of Minutes. (F) Action Sought Move to approve the minutes from September 17, 2013 and October 1, 2013. Attachments: 09-17-13 Council Minutes 10-01-13 Council Minutes OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 17,2013 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, Steve Clay and Pat Heitzman 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; and Jim Thomson, City Attorney 2. Pledge of Allegiance 3. Approval of the Agenda Mr. McNeill advised Council that item IO.E.1,Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity Homes— 1995 Evergreen Lane, should be removed from the agenda, and deferred to the October 1, 2013 meeting. Added to the agenda was I O.F.1, Shutterfly Subordination Agreement. Clay/Heitzman moved to approve the agenda as amended. Motion carried 5-0. 4. Consent Business Cncl. Heitzman asked to remove 4.F.4,Request for Pay Increase for Shakopee Public Utilities Commissioners—Resolution No. 7358. Cncl. Whiting asked to remove 4.F.6, Valley Fair Alcohol License Action. Cncl. Clay asked to add to the consent agenda 10.A.1, Planned Unit Development Amendment for Saint Francis Regional Medical Center—Res.No. 7361,and IO.A.2,Planned Unit Development Amendment for Shakopee Valley Market Place—Res.No. 7362. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. 4.A.1 Lehman/Whiting offered Resolution No. 7360,A Resolution Setting the Public Hearing Date to Consider the Vacation of Drainage and Utility Easement. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Whiting moved to authorize the appropriate City officials to sign the easement agreement with Betaseed for the Valley View Road Project. (Motion carried under the Consent Agenda) i I Official Proceedings of the September 17,2013 Shakopee City Council Page 2 4.C.2 Lehman/Whiting offered Resolution No. 7353,A Resolution Accepting Work on the 2012 Bituminous Overlay, Project No. 2012-1, and moved its adoption. (Motion carried under the Consent Agenda) 4.C.3 Lehman/Whiting offered Resolution No. 7356, which ordered a Preliminary Engineering Report for the Hilldale Drive Improvements. (Motion carried under the Consent Agenda) 4.C.4 Lehman/Whiting offered Resolution No. 7355, A Preliminary Engineering Report for the 2014 Street Reconstruction Project; authorize the appropriate City officials to execute an agreement with ITCO Allied Engineering Company to perform soil borings; and authorize the appropriate City officials to execute an agreement with Bolton&Menk, Inc. to perform engineering services. (Motion carried under the Consent Agenda) 4.C.5 Lehman/Whiting offered Resolution No. 7354,A Resolution Declaring the Amount to be Assessed,Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse Bills; also directing a$45 administrative fee penalty to be added to assessment amounts for City costs. (Motion carried under the Consent Agenda) 4.D.1 Lehman/Whiting moved to authorize the appropriate officials to enter into a contract extension with the Minnesota Municipal Utilities Association(MMUA)for the provision of a Safety Management Program, at a cost not to exceed$24,400. (Motion carried under the Consent Agenda) 4.D.2 Lehman/Whiting offered Resolution No.7357,A Resolution Amending the Personnel Handbook for Employees of the City of Shakopee. (Motion carried under the Consent Agenda) 4.D.3 Lehman/Whiting moved to recognize Janna Grassel's successful completion of the required probationary period and grant her full-time, regular status in the position of Crime Prevention Specialist. (Motion carried under the Consent Agenda) 4.D.4 Lehman/Whiting moved to recognize Philip Sendelbach's successful completion of the one-year probationary period and grant him full-time,regular status as a Police Officer(Motion carried under the Consent Agenda) 4.F.1 Lehman/Whiting moved to approve the bills in the amount of$ 1,518,715.01 and electronic transfers in the amount of$386,286.97 for a total of$1,905,001,98. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Whiting moved to approve the City Council minutes from September 03,2013. (Motion carried under the Consent Agenda) 4.F.3 Lehman/Whiting moved to approve the application and grant a massage therapist license to Mary Wolf. (Motion carried under the Consent Agenda) 4.F.4 Removed from consent agenda. 4.F.5 Lehman/Whiting moved to designate Tuesday,December 10th, 7:00 p.m.,to be the time and date for a workshop presented by the Urban Land Institute of Minnesota,entitled "Navigating the New Normal". (Motion carried under the Consent Agenda) 4.F.6 Removed from consent agenda. Official Proceedings of the September 17,2013 Shakopee City Council Page 3 10.A.1 Lehman/Whiting offered Resolution No. 7361, a Resolution of the City of.Shakopee, Minnesota,Approving an Amendment to the Planned Unit Development for South Valley Health Campus. (Motion carried under the Consent Agenda) 10.A.2 Lehman/Whiting offered Resolution No. 7362,A Resolution of the City of Shakopee, Minnesota,Approving An Amendment to the Planned Unit Development for Shakopee Valley (Motion carried under the Consent Agenda) 5. Recognition of Involved Citizens by" Council. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on the Agenda. Troy Boegeman, 1995 Evergreen Lane, acknowledged that 10.E.1,Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity Homes— 1995 Evergreen Lane was removed from the agenda and deferred to the October 1 S`meeting,but stated that he would like to "! see the penalty enforced, and stated that he would like the Council to deny the appeal. 6. Public Hearings: 6.A. Authorizing the Issuance,Sale,and Delivery of the Health Care and Housing Facilities Revenue Refunding Note(Benedictine Health System Obligated Group) Series 2013 in Three Series and Related Documents-Res.No. 7359 Clay/Whiting moved to open the public hearing. Motion carried 5-0. Julie Eddington of Kennedy&Graven presented staff and Council with a brief presentation on Conduit Debt. Ms. Eddington said St. Gertrude's Health Center has requested that the City issue three separate notes in the total amount of approximately 20 million dollars. The proceeds of those notes are going to refinance the various senior housing projects,which are located in the City of Osseo, City of Minneapolis and City of Shakopee. The City is authorized to issue these notes under Minnesota State Statute. The other impacted cities had authorized these requests earlier this summer. Upon approval of the resolution,the Notes will be issued as conduit debt, and executed by the Benedictine Health System. The issuance does not obligate the City of Shakopee for the debt, or obligate future tax levies. She said that the credit rating of the City will not be adversely impacted,even if the group encounters financial difficulties. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Whiting/Clay moved to close the public hearing. Motion carried 5-0. Whiting/Heitzman offered Resolution No. 7359,Authorizing the Issuance, Sale,and Delivery of the Health Care and Housing Facilities Revenue Refunding Note (Benedictine Health System Obligated Group), Series 2013 in Three Series and Related Documents. Motion carried 5-0. Official Proceedings of the September 17,2013 Shakopee City Council Page 4 7. Business removed from the Consent Agenda 4.F.4 Request for Pay Increase for Shakopee Public Utilities Commissioners (SPUC)- Resolution No. 7358. Cncl. Heitzman asked for the removal of this item because the pay increase requested is approximately 30% . He agrees they deserve a raise but with the current request and the recent approval of the Mayor and Council pay increases, he is concerned about the example it is setting for upcoming employee pay increases and union contract negotiations. Cncl. Heitzman said he wouldn't support a 30% increase. Cncl. Lehman asked Ms. Wilson if there was a comparable community that was used to determine the pay increase. Ms. Wilson said there aren't any metro communities with the same utility structure as Shakopee, but that staff could do some research if Council wanted to defer the motion. Cncl. Clay and Mayor Tabke agree that the commission members should get a pay increase. Clay/Whiting offered Resolution No. 7358, a resolution establishing a rate of pay for Commissioners of the Shakopee Public Utilities Commission,and move its adoption. Discussion followed. Cncl. Lehman asked how the Commission came up with 30%percent increase. John Crooks, Shakopee Public Utilities manager, said that there was consensus among the Commissioners for a pay increase because of growth and the demand for increased meetings. Cncl. Heitzman would still like staff to research what commission members in other cities are getting paid. Mayor Tabke asked for a vote on the motion. Motion carried 3-2 with Cncl. Lehman and Cncl. Heitzman in dissent. 4.F.4 Valley Fair Alcohol License Action Cncl. Whiting asked for the removal of this item because he felt it was important to bring the issue forward again. Mr. McNeill said that at the previous City Council meeting,David Frazier, General Manager of Valley Fair, made note of the fact that Valley Fair actually holds five different licenses throughout the park. He also said that in 2013,the Minnesota Legislature approved a law specific to Valley Fair, which would allow a single alcohol license to be issued park-wide at Valley Fair. However,that single license has not yet been considered, or approved by the City Council. Therefore,he questioned whether the October,2012 incident was actually a second violation. Upon direction from the City Council, staff had subsequently looked at this situation with the City Attorney. It was noted that the two infractions listed in this memo were at separate locations in the park, and were under separate alcohol licenses. As a result, it was the opinion of the City Attorney that each of the licenses must be considered separate, and therefore,the infraction which occurred on October 6,2012 was actually a first infraction. Official Proceedings of the September 17, 2013 Shakopee City Council Page 5 When given this information, Valley Fair has signed an acknowledgment stating their violation for a first-time offense. In accordance with City Code,therefore, the violation to be imposed would be a$1,000 fine,with a one-day suspension of alcohol sales. However,the Code also provides that$500 of the fine, and the one-day suspension will be stayed, if Valley Fair has no subsequent violations within a one-year period of time(expiring October 6,2013). That was acceptable to Valley Fair management. Valley Fair therefore signed an acknowledgement of the violation of City Code, and will accept the penalty. It should be noted that Valley Fair has been advised that their proposed change to make the park fall under a single liquor license will complicate future violations. Assuming this is enacted, a second violation which occurs anywhere within the park under the single license will mean that no alcohol could be sold anywhere in the park for a five day period of time. That is currently being considered by Valley Fair. Staff therefore recommended that City Council receive the acknowledgment of the first-time violation by Valley Fair, and impose the$1,000 fine and one-day suspension of alcohol sales privileges,with$500 of the fine and the one-day suspension to be stayed for a period of one year, assuming there are no other violations which occur before October 6,2013. Cncl. Whiting stated the seriousness of the violation. He asked Mr. Frazier if they still plan on combining all licenses into one license. Mr. Frazier said he is open to discussing the options of five licenses or one license. Cncl. Whiting said that he would like to consider stiffer penalties for establishments that hold more than one liquor license. Mr. Padilla, Food and Beverage Director,provided Council with an overview g ,p w of their staff training process with regard to serving g p g g alcohol. Lehman/Heitzman moved to accept the admission of Valley Fair for a first-time alcohol sales violation, and impose a$1,000 fine and a suspension of one-day of sales of alcohol privileges, with$500 and the one-day suspension being stayed, if no further violations take place before October 6,2013. Discussion followed. Cncl. Whiting expressed concern if Valley Fair chooses to continue with the five licenses, and another issue similar to this one comes up. Mayor Tabke asked for a vote on the motion. Motion carried 5-0. 8. Recesses for Economic Development Authority Meeting. Clay/Heitzman moved to recess for the Economic Development Authority Meeting. Motion carried 5-0. 9. Reconvene Mayor Tabke reconvened the meeting at 8:25 p.m. i Official Proceedings of the September 17, 2013 Shakopee City Council Page 6 10. General Business 10.F.1 Shutterfly Subordination Agreement Mr. McNeill asked for Council's approval to enter into a Subordination Agreement with Ryan Companies relating to the Shutterfly project. In effect,the City is being asked to take a second position when it comes to financing relative to the mortgage provider to the Ryan Companies. Without the Subordination Agreement,it would difficult for private developers to obtain financing. Ryan/Dean Lakes, or subsequent secondary developers, continue to pay all special assessments related to the Dean Lakes properties. Whiting/Clay offered Resolution No. 7364,Resolution Approving Subordination Agreement and Authorizing the Execution and Delivery of the Subordination Agreement and a Certification Letter to Dean Lakes I,LLC. Motion carried 5-0. Motion carried 5-0. 11. Council Member Reports Cncl. Heitzman had nothing to report. Cncl. Clay had nothing to report. Cncl. Lehman said the 494/169 project is up for consideration of an award as one of America's top 10 road projects. Cncl. Whiting attended the employee picnic and thanked City employees for all their work. On 09/06/13 he attended the SCALE executive committee and discussed post-secondary education, sex offender registration and input regarding potential State legislative mandates. On 09/09/13 was the school board meeting. There was discussion about district strategic direction testing, social media, substitute teacher pay and the Board's decision to implement their long range strategy and ask voters to approve an 89 million dollar bond referendum to build a new high school. On 09/10/13 he attended the Shutterfly groundbreaking ceremony. On 09/12/13 he attended the SCALE general membership meeting. Mayor Tabke met with Shakopee Area Catholic Schools on 09/05/13 to talk about the jobs that are coming to Shakopee and how they will affect the religious community. He also attended the employee picnic. On 09/10/13 he attended the Shutterfly groundbreaking. Later that evening he welcomed the firefighters from all of the surrounding communities at a meeting in Shakopee. On 09/12/13 he attended the ground breaking ceremony for Recovery Technology Solutions (RTS). That evening he attended the SCALE Scott County First Stop Shop had a broker and developer event at Canterbury Park. On 09/17/13 he attended a luncheon the Chamber of Commerce held at Mystic Lake. 12. Other Business Mayor Tabke presented Shannon Fiecke,reporter for the Shakopee Valley News, with a card and wished her well on her new endeavors. 13. Adjourn Whiting/Heitzman moved to adjourn to Tuesday, October 1, 2013 at 7:00 p.m. Motion carried 5- 0. Official Proceedings of the September 17,2013 Shakopee City Council Page 7 Meeting ended at 8:34 p.m. Julie A. Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA OCTOBER 1,2013 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, Steve Clay and Pat Heitzman 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; Jamie Polley, Parks,Recreation&Natural Resource Director; Jeff Tate, Police Chief; Jacob Busiahn,Natural Resources Technician; and Jim Thomson, City Attorney y 2. Pledge of Allegiance The Pledge of Allegiance was led by Corey and Steve Rachek of the Boy Scouts. 3. Approval of the Agenda Mr. McNeill said that items 10.A.1,Resolution 7368,A Resolution Issuing a Negative Declaration of Need for an Environmental Impact Study and 10.A.2, Resolution No. 7365,A Resolution Approving the Final Plat of Valley Park Business Center 2nd Addition, could be moved to the Consent Agenda per the City Attorney. Whiting/Lehman moved to approve the agenda as amended. Motion carried 5-0. 4. Consent Business Cncl. Whiting asked to remove 4.C.2,Request from Ryland Homes, Inc. for Extended Work Hours on the Dakota Crossings Subdivision Project. Cncl. Clay asked to add 10.F.1, Workshop Date--October 23rd Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. 4.A.1 Lehman/Heitzman moved to approve Ordinance No. 875, an ordinance approving the rezoning of approximately 40-acres of land from Light Industrial (I-1)zoning to Highway Business (B-1)zoning, and move its adoption. (Motion carried under the Consent Agenda) 4.A.2 Lehman/Heitzman Resolution No.7366, a resolution setting the public hearing date to consider the vacation of public right-of-way/drainage and utility easements. (Motion carried under the Consent Agenda) Official Proceedings of the October 1,2013 Shakopee City Council Page 2 4.B.1 Lehman/Heitzman offered Resolution No. 7367, a resolution ordering abatement of hazardous conditions at 6079 Oxford Road N., and move its adoption. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Heitzman moved to authorize the Payment of$16,247.61 to Scott County for the CR 83 and 12th Avenue Signal Modifications. (Motion carried under the Consent Agenda) 4.C.2 Removed from Consent Agenda 4.C.3 Lehman/Heitzman moved to authorize the Execution of Construction Cooperative Agreement with Scott County on the TH169 &CR69 Interchange Project. (Motion carried under the Consent Agenda) 4.C.4 Lehman/Heitzman moved to authorize staff to utilize the re-purchase agreement with Ag Power Enterprises,Inc. on unit 4135 a 2012 John Deere 1445 Mower for the price of$5,027.40 with the funds to be expended from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda) 4.C.5 Lehman/Heitzman moved to accept and approve the low quote from Bituminous Roadways, Inc. for the price of$24,445.00 for the 2013 Trail Overlay Project,with funding to be expended from the Park and Recreation Asset Internal Service Fund. (Motion carried under the Consent Agenda) 4.C.6 Lehman/Heitzman moved to approve a motion authorizing the Purchase of Outlot B, Whispering Oaks. (Motion carried under the Consent Agenda) 4.D.1 Lehman/Heitzman moved to authorize the appropriate officials to enter into contracts with Medica and authorize the continuation of current employer contribution levels for 2014 employee health insurance. (Motion carried under the Consent Agenda) 4.D.2 Lehman/Heitzman moved to authorize the hiring of Alex Sharpe for the position of Planner 1,at Step F of Grade 6 of the 2013 Non-Union Pay Plan,contingent upon successful completion of the required background check and pre-employment physical and drug test. (Motion carried under the Consent Agenda) 4.E.1 Lehman/Heitzman moved to approve the construction of baseball dugout roofs at Green Meadows Park. (Motion carried under the Consent Agenda) 4.F.1 Lehman/Heitzman moved to approve the bills in the amount of$1,025,926.47 and electronic transfers in the amount of$405,168.22 for a total of$1,431,094.96. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Heitzman moved to approve the transfer of Crossroads Liquor of Shakopee LLC Liquor and Tobacco Licenses to 471 Marschall Road South. (Motion carried under the Consent Agenda) 4.F.3 Lehman/Heitzman offered Resolution No. 7363,A Resolution Appointing Judges of Election and Establishing Rates of Compensation. (Motion carried under the Consent Agenda) 10.A.1 Lehman/Heitzman Offer Resolution No. 7368, a Resolution Declaring the Adequacy of Official Proceedings of the October 1, 2013 Shakopee City Council Page 3 the Environmental Assessment Worksheet for Valley Park Business Center 2nd Addition. (Motion carried under the Consent Agenda) 10.A.2 Lehman/Heitzman offered Resolution No. 7365, approving the Final Plat for Valley Park Business Center 2nd Addition. (Motion carried under the Consent Agenda) 10.F.1 Lehman/Heitzman moved to call for a joint meeting on Wednesday, October 23rd with the Planning Commission and EDAC,to discuss the Shakopee 101 Corridor issues. (Motion carried under the 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. No one responded. 6. Public Hearings 6.A Public Hearing for Issuance of Solid Waste Revenue Bonds for Recovery Technology Solutions Shakopee(RTS),LLC Heitzman/Whiting moved to re-open the public hearing. Motion carried 5-0. Ms. DiMaggio said a public hearing to consider the issuance of Solid Waste Revenue Bonds for Recovery Technology Solutions Shakopee, LLC was initially opened on September 3, 2013. At that time,the hearing was continued to October 1, 2013. Now,RTS has informed the City that negotiations on the terms of the bonds are continuing, but that no date is certain for the subject to be ready for discussion. There will be a need to republish the notice of the public hearing once the details of the terms and structure of the bonds, and the bond documents,have been finalized, and a hearing date has been established. Therefore, at the request of the company, staff is recommending that the Council re-open and then close the public hearing. Mayor Tabke asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Clay/Lehman moved to close the public hearing. Motion carried 5-0. 7. Business Removed from Consent Agenda Cncl. Whiting removed item 4 C.2 from the consent agenda because he had been contacted by a homeowner whose property is adjacent up to the Dakota Crossings development project. Cncl. Whiting said that he met with the homeowner who expressed his concern extending work hours. Cncl. Whiting said would like to deny the extended work hours. However, Clay/Heitzman 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 to start at 8:00 AM on Saturday's for the remainder of 2013 and directing staff to publish notice of the suspension terms with the conditions as recommended by staff. Motion carried 3-2 with Cncl. Whiting and Lehman in dissent. Official Proceedings of the October 1,2013 Shakopee City Council Page 4 8. Recess for Economic Development Authority Meeting Lehman/Clay moved to recess for an Economic Development Authority meeting. Motion carried 5-0. 9. Reconvene Mayor Tabke reconvened the City Council meeting at 7:23 p.m. 10. General Business 10.A.1 Moved to Consent Agenda Moved to consent agenda. 10.A.2 Moved to Consent Agenda Moved to consent agenda. 10.B.1 Pet Store Licensing Ordinance Chief Tate said in August, City Council directed staff to research and draft an ordinance which would license and regulate pet stores within the city limits. Staff has worked with Keith Streff, Investigator from the Animal Humane Society of Golden Valley, to ensure that a proposed ordinance would provide the city with the necessary tools needed so that pet store locations do not become a source of complaints in the future. The proposed ordinance does require the owner of any pet store, which offers animals for sale or adoption,to first obtain a license from the city. The ordinance specifies minimum health, safety, and sanitation requirements. Under this proposed ordinance, council will have the authority to suspend or revoke a license if violations are found. The proposed fee for the license is $100. This would be a one-time fee to cover costs associated with background investigations and license processing. The license does not require renewal if ownership does not change. At present time, only one store in Shakopee would be affected by this ordinance. Whiting/Clay moved to adopt City Ordinance Number 873, an Ordinance of the City of Shakopee,Minnesota,adding Section 6.46 to the Shakopee City Code regarding pet store licensing and regulation; and, Ordinance Number 874, an Ordinance of the City of Shakopee, Minnesota, amending the City's adopted 2013 fee schedule to add a pet store license fee. Motion carried 5-0. 10.E.1 Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity Homes— 1995 Evergreen Lane Jamie Polley, Parks,Recreation&Natural Resource Director, said that on August 23,2012,the. City issued a building permit to Eternity Homes for a single family home located at 1995 Evergreen Lane, Shakopee,MN. Previously, Eternity Homes had submitted a survey dated 7/13/11 showing that it was to remove two trees, and install a tree protection fence and silt fence approximately 15 feet behind the proposed house location. Official Proceedings of the October 1,2013 Shakopee City Council Page 5 City staff completed a Woodland Management Evaluation and Compliance form for the property on 8/20/12, which required a tree protection fence as shown on a survey dated 8/16/11. That survey reflected the placement shown on the previous survey submitted by Eternity Homes. An as-built survey was submitted to the City by Eternity Homes dated 11/9/12,which showed an altered tree line approximately 55 feet behind the constructed house. The trees removed behind the required tree protection fence were not authorized by the City. On May 21, 2013,Building Inspector Jim Davis notified by telephone the field supervisor for Eternity Homes, Kevin Schultz, that the final grading as-built approval had been revoked because of severe erosion problems on the site. That information was reiterated in a letter of August 21,2013 from Mr. Davis to Eternity Homes. On July 10,2013,the City notified Eternity Homes that it was being assessed either$18,500, or alternatively provide for the installation of 74 caliper inches of replacement trees as a result of unauthorized tree removal at 1995 Evergreen Lane, Shakopee, MN. The amount of the fine was determined using City Code Sec. 11.60 Subd. 9. Ms. Polley also said that Council should direct staff to establish a formal appeal process. The Environmental Advisory Commission should first hear and seek to resolved issues which can't be handled at a staff level. The City Council would be the final authority. Pat Flynn of Eternity Homes,25420 Burma Ave.,Northfield,MN said that he had received oral approval from Building Inspector,Jim Davis to make these modifications, and has therefore asked to appeal the assessment amount to the City Council. Michael Leek, Community Development Coordinator, said that Mr. Flynn and Mr. Davis had different accounts of the conversation that took place. Mr. Leek also said that the City has had prior experience with Eternity homes regarding woodland management. Troy Boeggeman,the homeowner at 1995 Evergreen Lane, stated that many of the trees on the property were damaged in the process of building the home. Mr. Boeggeman stated that he has accepted a monetary landscaping refund from Eternity in order to finish the project himself. Clay/Heitzman moved to uphold staff's recommendation for a financial penalty of$18,500 for the unauthorized tree removal assessment at 1995 Evergreen Lane. Discussion followed. Cncl. Whiting stated he thinks the fine is a lot of money and would support a lesser fine. Mayor Tabke asked for a vote on the motion. Motion carried 3-2 with Cncl. Lehman and Cnel. Whiting in dissent. Clay/Heitzman moved to direct staff to formalize an appeals process for issues relating to woodland preservation issues. Motion carried 5-0. Mr. Flynn expressed his disagreement with the action . 10.F.1 Moved to Consent Agenda Official Proceedings of the October 1,2013 Shakopee City Council Page 6 11. Council Members' Reports Cncl. Whiting attended the Shakopee Chamber&Visitors Bureau board meeting on 09/18/13. The Chamber's Public Policy Committee will now be open to the public for their monthly meetings,which will be held on the second Tuesday of the month. The Chamber Board also approved a plan to resume work on the"Main Street"programs. On 09/19/13 Cncl. Whiting attended the Boards and Commissions appreciation picnic. On 09/26/13 the Shakopee Diversity Alliance met. The group is working on a website that will be up and running in the near future. Cncl. Whiting also stated that he has been receiving a lot of negative feedback from people regarding the County's mini-roundabout planned for the intersection of Viering Dr. and Spencer St. Cncl. Lehman attended the Derby Days committee meeting. There weren't enough members for a quorum. The meeting was rescheduled. Cncl. Clay had no report. Cncl. Heitzman had no report but did say he has also received a lot of negative feedback regarding the roundabout at Vierling Dr. and Spencer St. Mayor Tabke attended the Boards and Commissions picnic on 09/19/13. On 09/20/13 he attended a breakfast with the Mayors of Carver County and discussed transportation issues. He then attended the 401h anniversary celebration for Certainteed Corporation in Shakopee. On 10/01/13,he attended a luncheon with the Scott County mayors and discussed transportation. 12. Other Business Bruce Loney,Public Works Director/Engineer gave Council and update on construction and transportation projects going on throughout the city. 13. Adjourn Whiting/Clay moved to adjourn to Tuesday, October 15,2013 at 7:00 p.m. Motion carried 5-0. Meeting ended at 8:27 p.m. ),(,� S. 4,,1, Julie A. Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary