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HomeMy WebLinkAbout4.F.2. Minutes from October 15, 2013 P Consent Business 4. F. 2. SMWOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 11/06/2013 SUBJECT: Minutes from October 15, 2013 (F) Action Sought Move to approve the minutes from October 15, 2013. _ -- Attachments: City Council 10-15-13 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA OCTOBER 15,2013 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 Allegianee 3. Approval of the Agenda Mr. McNeill advised Council that 4.A.1,Ryland Homes request for Building Permits in Dakota Crossings,was removed from the consent agenda. Whiting/Clay moved to approve the agenda as amended. Motion carried 5-0. 4. Consent Business Whiting/Lehman moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. 4.A.1 Removed 4.C.1 Whiting/Lehman offered Resolution No. 7370, a resolution declaring the costs to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for the 2013 Street Reconstruction, Project No. 2013-1. (Motion carried under the Consent Agenda) 4.C.2 Whiting/Lehman offered Resolution 7373, Adopting a Revised Snow Plowing/Ice Control Policy. (Motion carried under the Consent Agenda) 4.C.3 Whiting/Lehman moved to approve the 2013-2014 sidewalk and trail snow removal routes. (Motion carried under the Consent Agenda) 4.D.1 Whiting/Lehman moved to approve the attached position description for the Fire Marshal, effective October 21,2013. (Motion carried under the Consent Agenda) 4.D.2 Whiting/Lehman moved to recognize Cristie Lesko's successful completion of the six- month probationary period required of Civil Service employees and grant her full-time,regular status as a Receptionist with the Police Department. (Motion carried under the Consent Agenda) Official Proceedings of the October 15,2013 Shakopee City Council Page 2 4.D.3 Whiting/Lehman moved to accept,with regret,the resignation of firefighter Scott Davis, effective October 11,2013. (Motion carried under the Consent Agenda) 4.E.1 Whiting/Lehman offered Resolution No. 7372, a Resolution of the City of Shakopee, Minnesota Accepting the Donation of$5000 from Shutterfly, Inc. (Motion carried under the Consent Agenda) 4.F.1 Whiting/Lehman move to approve the bills in the amount of$3,395,135.26. (Motion carried under the Consent Agenda) 4.F.2 Whiting/Lehman move to approve the minutes from September 17,2013 and October 1, 2013. (Motion carried under the Consent Agenda) 4.F.3 Whiting/Lehman moved to declare the items on the attached list as surplus property and authorize the appropriate staff to sell or dispose of the listed items as warranted. (Motion carried under the Consent Agenda) 4.F.4 Whiting/Lehman moved to approve the renewal of the following massage therapy business licenses: Balanced Bee Bodywork, LLC, 113 Lewis Street South; Kristin Pufahl, 635 Washington Court;J&M Mocol, LLC, 1667 17th Avenue East#107;Rochelle Bauman,CMT, 231 Shakopee Avenue West; Jenesis Massage,287 Marschall Road South#205A;Angel Isis Bodywork and Healing,LLC, 1061 Madison Street; Vogue Day Asian Massage, LLC, 1240 3rd Avenue East 4104. (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. Kasse Barta, 505 Sommerville St. S., said that she spoke to the Community Development Department and advised them that she would like to create a minor subdivision of her property. They advised her to address Council with her request. She explained to Council her reasoning for the request. After some discussion, Council asked that staff that they should schedule a meeting with her regarding her requests. 6. Public Hearings 6.A Assessment Hearing on Delinquent Refuse Bills from Dick's/Lakeville Sanitation, Inc.,Res.No. 7369. Lehman/Whiting moved to open the public hearing. Motion carried 5-0. Mr. Loney asked the Council to consider Resolution No. 7369 that would assess property owners on taxes payable 2014 for unpaid refuse and recycling services from the City's designated garbage hauler, Dick's/Lakeville Sanitation, Inc. Dick's/Lakeville Sanitary,Inc. have provided the City with a current list of delinquent accounts, of which there are approximately 175 for a total amount due of$40,864.08. Mr. Loney advised Council they were provided the most current list of property owners. The listing consists of Shakopee property owners who have either 1)not paid or 2)not paid in full their delinquent garbage bill to Dick's/Lakeville Sanitation. The list includes an administrative Official Proceedings of the October 15,2013 Shakopee City Council Page 3 charge of$45.00 to cover the City's costs and a$30.00 charge to cover Dick's Sanitation costs in assessing these delinquent bills. These charges will be added to the delinquent bills once the assessments are adopted by Council. Staff recommends that the City adopt Resolution No. 7244,assessing the delinquent costs for refuse and recycling collection based on the details listed above. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public meeting. No one responded. Whiting/Heitzman moved to close the public hearing. Motion carried 5-0. Whiting/Lehman offer Resolution No. 7369,A Resolution Adopting Assessments for Delinquent Refuse Bills, and move its adoption. Discussion followed. Cncl. Lehman commented on the reasons for the City's policy to only have one garbage provider. Mayor Tabke asked for a vote on the motion. Motion carried 5-0. 6.B Request from Onus Development Company,LLC to vacate public drainage and utility easements—Res.No. 7371 Whiting/Heitzman moved to open the public hearing. Motion carried 5-0. Mr. Leek said that Opus Development Company, LLC is requesting that the City Council review and approve their request to vacate public drainage and utility easements. The easements referenced in this request are being modified with the Valley Park Business Center Second Addition;therefore,the applicant is proposing the vacation of the current easements and will provide the new easements as requested by the City and SPUC with the 2nd Addition plat. Publication in the Valley News was provided with the requisite 10 day public hearing notice at this time; The Planning Commission considered the request at its October 3,2013 meeting,and by a 6- 0 vote,they recommended to the City Council the approval of the vacation, subject to providing the required retaining drainage and utility easements as per City of Shakopee Engineering Department and SPUC's requirements. Mayor Tabke asked if there was anyone that wished to speak at the public hearing. No one responded. Lehman/Clay moved to close the public hearing. Motion carried 5-0. Clay/Whiting offered Resolution No. 7371, a resolution approving a vacation of public drainage and utility easements on Outlot A, Valley Park Business Center 1 st Addition, and move its adoption. Motion carried 5-0. 7. Business removed from the Consent Agenda None Official Proceedings of the October 15,2013 Shakopee City Council Page 4 8. Recess for Economic Development Authority Meeting Lehman/Clay moved to recesses for an Economic Development Authority meeting. Motion carried 5-0. 9. Reconvene i Mayor Tabke reconvened the meeting. 10. General Business 10.C.1 Approval of Jennifer Lane Extension Concept Associated with CH 17-32 Project. Bruce Loney said that Scott County Highway Department has begun design of CH 17 improvements south of Dominion Avenue to the CH 17&CH 42 intersection. Associated with the design,the County would like to remove private driveway accesses onto CR 17 where possible, and as identified in the CH 17-13 Corridor Study. One of these supporting roads is the extension of Jennifer Lane from Valley Creek Crossing 2nd Addition to Wood Duck Trail and Lakeview Circle. Scott County hired Bolton&Menk, Inc. to prepare a concept to show the affected property owners on how the combined area could be developed. The County has previously held meetings with the property owners on the concept of constructing Jennifer Lane and estimates on increased land value. The concept proposal is for County to use Federal funds for constructing Jennifer Lane and the necessary storm water improvements. The City and/or SPUC would front the utility costs for a certain length of time. The property owners would dedicate the right of way for this road. The County is preparing the concept to eliminate private driveway accesses from the principal arterial, CR 17. The benefit from the city is to connect Lakeview Circle and Wood Duck Trail to Jennifer Lane,provide another access to the County road system, and reduce the left turns out to northbound CR 17.Also,Fritz Meriden is interested in developing his parcel soon, and this project would make the road connection to Fairhaven Drive, and eliminate another long cul-de- sac and provide an additional road route to residents. The concept for the City Council to consider is whether to front the assessment costs for sanitary sewer,water and local street costs for an indeterminate length of time. The estimated cost to front is $440,000 and is subject to change. Staff would negotiate,and bring back to the City Council assessment agreements containing the details of deferred assessments, such as duration, and interest rates if the concept is approved by Council. Staff recommends moving forward with the concept of deferring assessments to see if there is agreement with most of the residents. In prior meetings,the property owner did agree that the extension of Jennifer Lane should have sanitary sewer and water lines extended if the road is built. The potential project would be paid by Sanitary Sewer funds with the fund being reimbursed with development paying off the assessments. Official Proceedings of the October 15,2013 Shakopee City Council Page 5 Mitch Rasmussen, Scott County Engineer explained the reasoning that the concept is to make sure the County is not creating a situation where the land would be undevelopable. Scott County also felt the need to do appraisals of the property to get an idea of the value of the property before infrastructure is in place and a value of the property after infrastructure is in place. He also said it was an opportunity to have 80 percent of the road constructed using Federal funds. Lisa Schickedanz, Scott County Associate Planner, said Scott County had three meetings with property owners. The concept plan was shown to property owners, and it was the preferred option. Michael Bawek,2400 Jennifer Lane, stated that his property value will increase$20,000 with sewer and water infrastructure. The assessment to have that infrastructure is installed is $50,000. He said because of the cost he is not interested in the project. Howard Dearborn,2460 Marschall Rd.,discussed a second option the homeowners were shown which showed a temporary frontage road from Marschall Rd to Wood Duck Trail,until a developer is willing to purchase all of the property. Bob Cordt,2540 Marschall Rd., stated his concern is the topography of the land. He felt that it needed to be excavated prior to a road being constructed. To put the road in first didn't make sense to him. Clay/Whiting moved to approve a motion approving the concept of extending Jennifer Lane from Valley Creek Crossing 2nd Addition to Wood Duck Trail in conjunction with Scott County and to consider deferring assessments to benefiting property owners contingent upon their approval of an assessment agreement. Discussion followed. Cncl. Lehman said he is not in favor of the motion and would like to see staff meet with the homeowners because a few of them brought up valid concerns. Cncl. Heitzman agreed with Cncl. Lehman. Mayor Tabke asked for a vote on the motion. Motion carried 3-2 with Cncl. Lehman and Cncl. Heitzman in dissent. 11. Council Members' Reports Cncl. Whiting attended a meeting along with staff, and members of Derby Days board members to discuss concerns and issues related to the event. On 10/10/13 he attended the"Main Street" program. On 10/11/13 SCALE had Climb Theater describe the programs that they use to school children on the dangers of drug use. On 10/14/13 the SCALE training facility board met to discuss the acquisition of a used fire truck from Excelsior for training purposes. He reported that the school board did a recap of the Hall of Fame inductees and Anti-Bullying events. The school district also received a grant from the Indian Education Grant that will pay$150,000 over two years to establish curriculum for teaching the required Native American component. Cncl. Lehman attended the Main Street program at Turtles as well as the Derby Days meeting to discuss concerns and issues related to the event. Cncl. Clay had no report Official Proceedings of the October 15,2013 Shakopee City Council Page 6 Cncl. Heitzman attended the Main Street program and on 10/12/13 he volunteered at the Pumpkins in the Park event at Memorial Park. Mayor Tabke said that on 10/2/2013 he and Ms. DiMaggio presented to the St. Francis Board of Directors about the different economic developments projects in Shakopee. On 10/03/13 he attended the ribbon cutting at the school district for their environmental learning center. On 10/04/13 he attended the School District's Hall of Fame event. On 10/14/13 he attended the Regional Council Mayors' lunch, and discussed how cities can utilize state programs for international exports. 12. Other Business Cncl. Lehman asked that staff post on the cities website the League of MN Cities 2014 policy initiatives. Mayor Tabke would like Council and staff to discuss the cities winter parking rules. He would like to see the City move toward snow emergencies instead of the current winter parking rules. Council is in agreement with moving forward with a discussion. 13. Closed Session—Labor Neizotiations Strategy Lehman/Heitzman moved to recess to a closed session to discuss labor negotiations strategies pursuant to MN State Statute 13.13.03. Motion carried 5-0. Mayor Tabke reconvened the meeting at 9:15 p.m. Mayor Tabke announced that no action was taken during the closed session. 14. Adiourn Whiting/Heitzman moved to adjourn to Wednesday, October 23,2013 at 7:00 p.m. Motion carried 5-0. Meeting ended at 9:16 p.m. I ulie A. Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary