HomeMy WebLinkAbout4.F.2 Approve the minutes from November 19, 2013 Consent Business 4. F. 2.
SHWA r�
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Linnihan, Finance Director/City Clerk
DATE: 12/03/2013
SUBJECT: Approve the minutes from November 19, 2013. (F)
Action Sought
Move to approve the minutes from November 19, 2013.
Attachments: 11-19-13 Minutes
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OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
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ADJ.REGULAR SESSION SHAKOPEE,MINNESOTA NOVEMBER 19,2013
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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
Absent: Councilmember 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; Jeff Tate, Police Chief;Jeff
Weyandt, Assistant City Engineer;and Jim Thomson, City Attorney
2. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill advised Council that there were two items added to the consent agenda;4.13.2,
Resignation of Office Assistant, and 10.C.2,Approval of Sewer Service Connection for Timber
Creek Furniture Store to the agenda. Whiting/Clay moved to approve the agenda as amended.
Motion carried 4-0.
4. Consent Business
Cncl.Lehman asked to remove from the Consent Agenda, 4.A.3,Amendment to Resolution No.
7342;4.C.2,Authorize the Acquisition of Certain Property for Valley Park Business Center
Improvement Project No. 2013-6, Res.No. 7378;4.C.3, Approval of the MS4 S WPPP
Application for Reauthorization to the MPCA; and 4.17.3, Approve the Issuance of Bond
Refunding Series 2006A and 2006E, $3,260,000 and$1,225,000 respectively for Scott County
Community Development agency and River City Centre.
Whiting/Lehman moved to approve the Consent Agenda as amended. Mr. McNeill read the
Consent items. Motion carried 4-0.
4.A.1 Whiting/Lehman moved to authorizing the appropriate City officials to execute the
electrical inspections contract with Terry Krominga for the years 2014 and 2015. (Motion carried
under the Consent Agenda)
4.A.2 Whiting/Lehman moved to authorize Mayor Tabke to sign and transmit the attached letter
to the Metropolitan Council in advance of the scheduled November 8, 2013 meeting. (Motion
carried under the Consent Agenda)
4.A.3 Removed from consent agenda.
Official Proceedings of the November 19,2013
Shakopee City Council Page 2
4.C.1 Whiting/Lehman moved to direct staff to install stop signs on Patterson Drive with the
intersection of Evergreen Lane; and on Brittany Drive/Brittany Court with the intersection of
Downing Avenue. (Motion carried under the Consent Agenda)
4.C.2 Removed from consent agenda.
4.C.3 Removed from consent agenda.
4.13.1 Whiting/Lehman moved to recognize Sgt.Derek Nordvedt's successful completion of the
six-month probationary period required of promoted officers and grant him full-time regular
status as a Sergeant with the Shakopee Police Department. (Motion carried under the Consent
Agenda)
4.D.2 Whiting/Lehman moved to accept the resignation of Ann Meyerhoff and authorize staff
to being the recruitment and hiring process to fill the position of Office Assistant with the
Finance Department. (Motion carried under the Consent Agenda)
4.E.1 Whiting/Lehman offered Resolution 7381, A Resolution of the City of Shakopee,
Minnesota Authorizing The City To Submit A Trail Chant Application Form To The Shakopee
Mdewakanton Sioux Community,providing for the submittal of a grant to fund two trail
locations, as part of the SMSC trail improvement grant. (Motion carried under the Consent
Agenda)
4.F.1 Whiting/Lehman moved to approve the bills in the amount of$2,152,468.29 and
electronic transfers in the amount of$414,717.76 for a total of$2,567,186.05. (Motion carried
under the Consent Agenda)
4.F.2 Whiting/Lehman moved to approve the City Council minutes from October 25,2013,
November 6, 2013 and November 14, 2013. (Motion carried under the Consent Agenda)
4.F.3 Removed from consent agenda.
4.F.4 Whiting/Lehman moved to authorize Staff to solicit quotes from the National Joint
Powers Alliance, as a third possible source for garbage/recycling carts.(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 regarding vacation of Public right-of-way and drainage& utility
easements in connection with the plat of South Parkview 1"Addition—Res.No. 7382
Whiting/Clay moved to open the public hearing. Motion carried 4-0.
Mr. Leek said that Link Construction, hie.has submitted an application for a vacation of public
right-of-way/drainage and utility easements in South Parkview 1 st Addition(Vierling Drive and
Park Circle&Park View Terrace). The reason for vacating the 13th Avenue right-of-way and
easements in the subdivision was originally due to Vierling Drive's (previously 13a'Avenue)
Official Proceedings of the November 19,2013
Shakopee City Council Page 3
realignment in the 1990's. In the early 1990's a previous Shakopee City Council had approved
the vacation,however Scott County refused to accept it for recording. The fact that the vacation
had not recorded came to light earlier this year as the City Attorney's office reviewed the title
work for South Parkview 5`b Addition.
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Planning did receive comments from SPUC and City Engineering,with engineering requesting
that the forthcoming South Parkview 5th Addition plat dedicate adequate right-of-way and
easements as required by City Code and the City of Shakopee Design Criteria.
The Planning Commission considered the request at its November 7,2013 meeting, and by a 5-0
vote,they recommend to the City Council the approval of the vacation of public right-of-
way/drainage and utility easements in South Parkview 1 st Addition.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing.
Pat Link,owner of Link Construction, 12756 N. Shannon Dr.,requested Council to waive the
$900 fee for the vacation of casement. Mayor Tabke said Council would not act on the request
at the meeting but would take it up at a future meeting after discussing it with staff.
Lehman/Clay moved to close the public meeting. Motion carried 4-0.
Lehman/Whiting offered Resolution No. 7382, a resolution approving a vacation of public right-
of-way/drainage and utility easements in South Parkview 1 st Addition,and move its adoption.
6.B. Public Hearing for the 2013 Street Reconstruction Proiect Assessments,Project No.
2013-1.Res.No. 7379
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Lehman/Whiting moved to open the public hearing. Motion carried 4-0.
Jeff Weyandt,Assistant City Engineer said that Project No. 2013-1 was ordered by the city
council for construction in 2013. He said work was essentially done and it is time to conduct the
assessment hearing.
This project has essentially been completed, and all project costs identified. The final project
cost is$3,023,595.36,which consists of construction costs,financing costs and
engineering/administration costs. A breakdown of the project costs are as follows:
School District $ 26,736.54
Assessments $ 511,259.88
CIF $ 1,184,917.52
Sanitary Sewer Fund $ 436,024.23
Storm Sewer Fund $ 290,604.65
Shakopee Public Utilities $ 574,052.54
Total Project Costs $ 3,023,595.36
City policy is to assess 30%of the project costs to the benefiting properties. Properties will be
assessed on a per lot basis. The proposed assessment rate is$3,501.78 per lot.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing. No one responded.
Official Proceedings of the November 19,2013
Shakopee City Council Page 4
Lehman/Clay moved to close the public hearing. Motion carried 4-0.
Lehman/Whiting offer Resolution No. 7379, a resolution which adopts the assessment for the
2013 Street Reconstruction Project,Project No. 2013-1. Motion carried 4-0.
6.C. 2013 Currency Exchange Licenses—Res. No. 7380
N%ting/Clay moved to open the Public Hearing. Motion carried 4-0.
Ms. Linnihan asked Council to consider applications for renewal of two currency exchange
licenses. The licenses will allow the applicants to engage in the business of cashing checks,
drafts,money orders, or traveler's checks for a fee.
Madison Financial Companies dba MoneyXchange, 1147 Canterbury Road and DRM LLC of
Shakopee,dba Excel Pawn, 450 West 1 st Avenue have made application to the state for renewal
of their currency exchange licenses.
The City has previously concurred with the state licenses for these applicants.The licenses are
ultimately issued by the State of Minnesota. Current law requires that the local municipality to
concur the issuance of a license, after published notice and a public hearing.
The applicants have provided the State with the required$10,000 Currency Exchange Surety
Bond.
The Police Department has advised that they are unaware of any reason for the City of Shakopee
to object to the concurrance of a currency exchange license to these applicants.
Mayor Tabke asked if there was anyone in the audience that wished to speak at the public
hearing.
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Scott Lansing, 1015 Mayflower Cir, Minnetonka,addressed Council with his concerns opposing
the renewal of the currency exchange license for Excel Pawn. He provided Council with written
documentation of his findings. J
After some discussion,Council agreed to table the discussion.
Clay/Lehman moved to continue the public hearing to December 3,2013. Motion carried 4-0.
7. Business removed from Consent Agenda
4.A.3 Amendment to Resolution No. 7342,Final Plat of Dean Lakes Tenth Addition-Res.
No. 7386
Cncl. Lehman asked for the removal of this time to discuss because he didn't see in the
resolution that the special assessments being paid for by the developer, Shutterfly. Mr.Leek
explained that the current property owner,Ryan Construction,has been making annual payments
and Shutterfly would assume that annual payment obligation of the assessments until they are
paid off.
Whiting/Lehman offered a motion to approve Resolution No. 7386,A Resolution Amending
Resolution No. 7342 of the City Of Shakopee, Minnesota approving the final plat of Dean Lakes
Tenth Addition and move its adoption. Motion carried 4-0.
Official Proceedings of the November 19,2013
Shakopee City Council Page 5
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4.C.2 Authorize the Acquisition of Certain Property for the Valley Park Business Center
Improvement Project No.2013-6,Res.No. 7378
Cncl. Lehman had questions regarding eminent domain proceedings for Valley Park Business
Center Improvements. Mr. Loney explained that outlot E,Valley Park 1 st Addition is owned by
Conklin Co.Inc. Staff has been unsuccessful in obtaining an easement from Conklin and
therefore needs to initiate condemnation proceedings in order to have the property for next
spring's construction and completion date of the project.
Whiting/Clay offered Resolution No. 7378,A Resolution of the City of Shakopee,Minnesota,
Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain. Motion
carried 3-1 with Cncl. Lehman in dissent.
4.C.3 Approval of the MS4 SWPPP Application for Reauthorization to the MPCA.
Cncl. Lehman said he read the application and disagrees with many findings and
recommendations of the Minnesota Pollution Control Agency(MPCA).
Whiting/Clay moved to approve a motion to approve the Municipal Separate Storm Sewer
System(MS4) Storm Water Pollution Prevention Program(SWPPP) application for
reauthorization to the Minnesota Pollution Control Agency(MPCA)to obtain permit coverage
under the National Pollutant Discharge Elimination System(NPDES)permit program.
Discussion followed.
Cncl. Lehman asked if any of the unfunded mandates are going to be reimbursed to the City. j
Mr. Loney said they would not be reimbursed.
Mayor Tabke asked for a vote on the motion. Motion carried 3-1 with Cncl. Lehman in dissent.
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4.F.3 Approving the Issuance of Bond Refunding Series 2006A and 2006E,$3,260,000 and
$1,225,000 respectively for Scott County Community Development Agency and River City
Centre.
Cncl Lehman questioned why the Springsted letter reflects that no city funds are expected to be
used to satisfy debt service,but Resolution No. 7384 states the City's pledge of the full faith and
credit of the City of Shakopee to back the bonds,and feels is misleading. Ms. Linnihan
explained the debt is the CDA's debt,and it is utilizing the name of the City of Shakopee to
obtain an interest rate that is more favorable.
Whiting/Clay offered Resolution No.7384,a Resolution acknowledging and approving the
issuance by the Scott County Community Development Agency(the "Issuer")of its
Governmental Development Refunding Bonds(City of Shakopee,Minnesota-General
Obligation) Series 2013A(River City Center Project)and the Agency's pledge of the full faith
and credit of the City of Shakopee there to. Motion carried 4-0.
Whiting/Clay offered Resolution No. 7385, a Resolution authorizing the execution and delivery
of a General Obligation Tax Increment Guaranty Agreement, guarantying the payment of debt
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Official Proceedings of the November 19, 2013
Shakopee City Council Page 6
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service on the Scott County Community Development Agency's Governmental Tax Increment
Development Refunding Bonds (City of Shakopee, Minnesota-General Obligation) Series
2013E (River City Centre Project)and an amendment to a related tax increment pledge
agreement. Motion carried 4-0.
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S. Recess for Economic Development Authority Meeting
Whiting/Lehman moved to recess for the Economic Development Authority meeting. Motion
carried 4-0.
9. Reconvene
Mayor Tabke reconvened the meeting at 8:05 p.m.
10.A.1 Request for rezoning of property at 1480 Third Ave. W. Res.No.7383
Mr. Leek explained that Roger Dvorak has made application to request either the reguiding of
property from Commercial to Industrial, and rezoning from Highway Business(B-1)and
Multiple Family Residential(R-3)Zone to Light Industrial(I-1),or a text amendment to allow
landscape services and contractors as a conditional use in the Highway Business zone. Mr.
Dvorak filed these two applications because he has interest in locating his business on the
property, as well as a purchase agreement for the site, and wishes to pursue either alternative,
which would result in his business'specific use being allowed on the site.
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The property is located at 1480 Third Avenue West, near the intersection of CSAH 69 and Third
Avenue West.The subject site is approximately 12.65 acres in size and was previously occupied
by the property owner as part of his drywall and flooring business. A vehicle sales and service
operation that was approved in October of 2012 is currently operating on the site.
Mr. Dvorak has mentioned to city staff that he has a signed purchase agreement for the property
that is contingent on city approval of his use of the property. Mr. Dvorak's business involves the
sweeping of roadways and parking lots,as well as lawn and property maintenance with the
majority of the business being related to sweeping. Mr. Dvorak has the desire to offer sales of
mulch and landscape materials to customers as well,which would be considered exterior storage
of goods for sale, a listed conditional use in the Highway Business zone. If the City Council were
to approve either the text amendment or the rezoning, Mr. Dvorak would need to acquire a
Conditional Use Permit in order to operate his business at this location.
Comments from the following people were taken:
Michael Saxton, 1901 10th Ave., opposes the rezoning and text amendment language change. He
provided Council with written testimony and a petition.
Roger Dvorak, 1104 Dakota St.,discussed with Council his business plans for the property.
Barbara Madigan, 1691 6th Ave. W., also advised Council that she opposes the rezoning of the
property.
Jordan Olson,249 Mound St.,questioned the property values of homes adjacent to the property
in question.
Official Proceedings of the November 19,2013
Shakopee City Council Page 7
Randy Kubes,Kubes Realty and representative for Roger Dvorak,provided more detail to
Council about the business Mr. Dvorak owns and his future uses of the property.
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Whiting/Lehman moved to approve Resolution No. 7383; a resolution denying the reguiding and
rezoning request for the property at 1480 Third Avenue West. Motion carried 4-0.
Whiting/Clay offered Ordinance No. 876, an ordinance approving the proposed text amendment
to City Code Section 11.36(Highway Business), Subdivision 3 (Conditional Uses), and move
their adoption. Discussion followed.
All Council members shared their concerns about noise from the business.
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Mayor Tabke asked for a vote on the motion. Motion carried 4-0.
Mr. Leek reiterated that Mr.Dvorak has expressed an interest in occupying the site before the
additionally needed text amendment and CUP could be approved. Mr. Leek asked for the
Council's direction regarding whether it was interested in allowing that to occur. City Attorney
Thomson advised the Council that it would not be a good approach in this case, and various
councilors commended that the additional text amendment and CUP should be approved first
before Mr. Dvorak begin operation from the site.
Clay/Lehman moved to recess for a break. Motion carried 4-0.
Mayor Tabke reconvened the meeting at 9:33 p.m.
10.C.1 Authorize a Traffic Study for Eagle Creek Boulevard from Marschall Road to
Canterbury Road
Mr. Loney discussed that Eagle Creek Boulevard was reconstructed to a four lane undivided
urban roadway in 1996. In the 2014 CIP, a mill and overlay is programmed for this roadway.
Staff has been monitoring this roadway the past year for speed, accidents and traffic volumes.
With the pending overlay project, staff believes a traffic study should be done to see if the
existing four lane configuration should be changed to a three lane roadway with a two-way left
turn lane. In addition,the concept of a mini-roundabout at Eagle Creek Boulevard and Vierling
Drive can be explored.
This study would provide information on whether the improvements should be done now or in
the future,with commercial development in Canterbury Park or at CR 83 southeast quadrant.
The study was introduced and discussed at the November 4, 2013 Traffic Safety Review
Committee(TSRC). The committee was in favor in doing the study with concerns on emergency
vehicles such as police and fire responding on this corridor.
The results of this study would be brought back to the TSRC and to the Police and Fire
Departments to seek their input,prior to bringing the study results to the Council
The TSRC recommended proceeding with a study on the Eagle Creek Boulevard corridor.
Whiting/Clay moved to authorizing the appropriate city officials to execute an extension
agreement with WSB &Associates,Inc. for a traffic study on Eagle Creek Boulevard from
Marschall Road to Canterbury Road. Motion carried 4-0.
Official Proceedings of the November 19,2013
Shakopee City Council Page 8
10.C.2 Approval of Sewer Service Connection for the Timber Creek Furniture Store- 1038
First Avenue.
Mr.Loney stated that in 2011, CR 101 was reconstructed, and the sanitary sewer system in CR
101 was reconstructed as well. Sanitary sewer services were replaced and services not being
used were abandoned.
During the sewer replacement on 1st Avenue from Prairie Street to Naumkeag Street,the sewer
service connection to the Timber Creek furniture store was apparently disconnected from the
main line.
With the Timber Creek Furniture store sewer service not connected,staff reviewed options for a
reconnection. Mr. Loney provided Council with plans showing the new service location. The
cost of installing the sewer line is estimated to be in excess of$30,000,which needs Council
authorization to proceed.
Lehman/Whiting moved to authorize sewer service connection expenditures for the Timber
Creek Furniture Store at 1038 First Avenue out of the Sanitary Sewer Fund. Motion carried 4-0.
11. Council Members' Reports
Cncl. Lehman and Cncl. Clay had no reports.
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Cncl. Whiting said he attended the school board meeting. The school district entered into a
"lease purchase financing agreement"and issued certificates in the amount of$13,250,000. A
special election will be held on March 11,2014 in order to pass a bond referendum for$89
million.
Mayor Tabke stated that he had attended the SCALE meeting on 11/08/13,which the sex
offender registration program was discussed. At that meeting,there was also discussion about
the Metropolitan Council's population projections. On 11/11/13 he attended the Regional
Council of Mayors. On 11/12/13 he had a lunch meeting with the Scott County Mayors.
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12. Other Business
None.
12.A. Closed Session to Discuss Labor Negotiations
Whiting/Clay moved to close the meeting pursuant to MN Statute Section 13.D.03 to consider
strategies for labor negotiations. Motion carried 4-0.
Mayor Tabke reconvened the meeting at 10:17,and stated that no action had been taken during
the closed session.
13. Adiourn
Lehman/Whiting moved to adjourn to Tuesday, December 3,2013 at 7:00 p.m. Motion carried
5-0.
Official Proceedings of the November 19,2013
Shakopee City Council Page 9
Meeting ended at 10:19 p.m.
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J ie A. Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary