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