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HomeMy WebLinkAbout4.F.2 City Council Minutes from December 3, 2013 Consent Business 4, F. 2, SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 12/17/2013 SUBJECT: City Council minutes from December 3, 2013. Action Sought Move to approve the minutes from December 3, 2013. Attachments: 12-03-13 City Council Minutes i I OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 3,2013 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;Jamie Polley,Parks, Recreation&Natural Resource Director; Jeff Tate, Police Chief;Rick Coleman,Fire Chief;and Jim Thomson, City Attorney 2. Pledge of Allegiance 3. Anaroval of the Agenda Clay/Heitzman moved to approve the agenda. Motion carried 5-0. 4. Consent Business Cncl. Lehman asked to remove 4.17.4,Authorize to Proceed with Relighting of Engineering Building. Whiting/Clay moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5-0. 4.A.1 Whiting/Clay moved to receive the 2013 FTA compliance audit response and approving the Transit Policy Plan/Manual. (Motion carried under the Consent Agenda) 4.11.1 Whiting/Clay moved to declare the 2004 GMC Envoy,VIN: 1GKDT13SX42435988 and the 2004 Chevrolet Impala, VIN: 2G1 WH55KI49341373 as surplus property. (Motion carried under the Consent Agenda) I 4.D.1 Whiting/Clay moved to recognize Kristin Holt's successful completion of the one-year probationary period for new hires and grant her regular status in the position of Communications Coordinator. (Motion carried under the Consent Agenda) 4.F.1 Whiting/Clay moved to approve the bills in the amount of$429,084.88 and electronic transfers in the amount of$434,478.06 for a total of$863,562.94. (Motion carried under the Consent Agenda) 4.F.2 Whiting/Clay moved to approve the minutes from November 19,2013. (Motion carried under the Consent Agenda) 4.F.3 Whiting/Clay moved to approve the application and grant a massage therapist license to Todd Overvold. (Motion carried under the Consent Agenda) Official Proceedings of the December 3,2013 Shakopee City Council Page 2 4.F.4 Removed from the Consent Agenda. 4.F.5 Whiting/Clay moved to approve the application and grant a tobacco license to eCig Store of Shakopee LLC, 1345 Heather Street(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. Mike Saxton, 1901 le Ave.,reiterated his opposition regarding rezoning of property at 1480 Third Ave. W. and text amendment changes. He also discussed problems with notification of neighbors. 6. Public Meeting 6.A Proposed 2013/2014 Tax Lew,Operating Budget and Cancellation of Debt Service— Resolution Nos.7389,7390 and 7391. Julie Linnihan, Finance Director,presented Council with the preliminary levy which represents a 5.35%increase in the General levy over the 2013 levy. Ms. Lirmihan also reviewed the 2014 levy and budget increases specific to new budget requests that finance newly created positions,position changes, and debt. With the increases to the General Levy and Debt Service, and the fire referendum,the total levy is$16,312,179. The following residents commented on the tax levy and budget: Jordan Olson,249 Mound St., Shakopee and Michael Saxton 1901 6a'Ave., Shakopee. Mayor Tabke, Cncl. Clay and Cncl. Whiting all agreed with what was presented. Cncl. Lehman and Cncl. Heitzman disagreed with a few of the new positions recommended. Jim Thomson, City Attorney, advised that it would be better to get a motion on the table with the proposal and then make a motion to amend it. Whiting/Clay offered Resolution No. 7389,A Resolution Setting 2013 Tax Levy, Collectible in 2014. Motion carried 5-0. Whiting/Clay offered Resolution No. 7390,A Resolution Adopting the 2014 Budget. Motion carried 3-2 with Cncl. Lehman and Cncl. Heitzman in dissent. Cncl. Lehman/Heitzman offered Resolution No. 7391,A Resolution Canceling Debt Service Levy for 2014. Motion carried 5-0. Lehman/Whiting moved for a recess. Motion carried 5-0. Mayor Tabke reconvened the meeting. 7. Public Hearings 7.A 2013 Currency Exchange Licenses—Res.No. 7380 and 7388 Lehman Heitzman moved to open the public hearing. Motion carried 5-0. i Official Proceedings of the December 3,2013 Shakopee City Council Page 3 At the November 19th public hearing the council was asked to approve the applications of two licenses,Madison Financial Companies and DRM LLC of Shakopee. Based on testimony that the council received at the public hearing the council continued the public hearing until December 3rd. The City Council is reminded that the currency exchange licenses are issued by the State.Prior to the state approving the license they send a certified letter to the city where the business is located to obtain the city's concurrence with the licensing. Since his appearance at the November 19th meeting staff has directed Mr. Scott Lansing(who provided testimony at the recent meeting)to submit his information to the state,since they are the issuing agency for the license. The Police Department has advised city staff that there is no justification for the City of Shakopee to object to the granting 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. No one responded. Clay/Lehman moved to close the public hearing. Motion carried Clay/Lebman offered Res.No. 7380,concurring with the Minnesota Commissioner of Commerce in the issuance of the license of DRM LLC of Shakopee and Res.No. 7388, concurring with the Minnesota Commissioner of Commerce in the issuing of the license of Madison Financial Companies. Motion carried 5-0. 8. Business Removed from the Consent Agenda Cncl. Lehman said he removed 4.F.4,Authorization to Proceed with Relighting of the Engineering Building because he wanted a discussion on some of the possibilities of the availability of the T12 lamps and wanted more information about the possibility of using LED lighting. Ms. Wilson said the Engineering building relies on lamps requiring T12 light bulbs. Manufacturers have discontinued making and selling T12 lamps as of last year. The City has a small supply of T12 lamps on hand. M&E Engineering,Inc. out of Eagan was hired to prepare plans and specifications for a new lighting system that will include T8 lights,which are roughly 33%more energy efficient. Motion sensor lighting controls will also be added. Five electrical contractors were invited to submit a price quote for the work. The lowest quote is from Choice Electric,at a total cost of$62,062. Staff will apply for any applicable rebates available through Shakopee Public Utilities. Ms. Wilson said that M&E Engineering,Inc.,stated that inside LED lighting technology is not there yet and the recommendation is to not use LED at this time. Councilmember elect Mike Luce, 913 Atwood,questioned the need to re-lamp the Engineering building at this time. Whiting/Heitzman moved to accept the price quote of Choice Electric for the relighting of the Engineering Building,located at 500 Gorman St., and to authorize expenditure of an amount not Official Proceedings of the December 3,2013 Shakopee City Council Page 4 to exceed$68,500 for the project from the General Government Buildings Fund. Motion carried 5-0. 9. Recess for Economic Development Authority Meeting Lehman/Heitzman moved to recess for the Economic Development Authority meeting. Motion carried 5-0. 10. Reconvene Mayor Tabke reconvened the meeting. 11. General Business 11.A.1 Zoning Text Amendment: Breweries,Brewpubs,Taprooms,Tasting Rooms, Distilleries, and Wineries—Ord.No.877 Mr. Leek said that recently several production breweries,taprooms,wineries,and micro- distilleries have been proposed or have become operational around the state of Minnesota.At this time in the City of Shakopee,the Light Industrial and Heavy Industrial Zones are the only r areas that breweries, wineries,and distillery facilities would be permitted under the ordinance definition of manufacturing or processing operations. City staff considers a brewpub as a similar use to a restaurant. Recently,City of Shakopee staff has had conversations with two different groups considering locating production breweries and taprooms in the City of Shakopee. ! Due to the increase in the interest, staff initiated a proposed text amendment to allow brewpubs, and to allow other operations as Conditional Uses in Commercial zoning districts (Highway Business(B-1),Central Business District(B-3), Community Commercial(CC), and Neighborhood Commercial (NC), and Major Recreation(MR)). Staff is also including provisions to allow larger operations as permitted uses in Light Industry(1-1)and Heavy Industry(1-2) zones, with taprooms or tasting rooms as a conditional use,since it is viewed as more of a retail use.Retail uses are currently allowed by Conditional Use Permit in City Code. The proposed text amendment was heard by the Planning Commission at the November 7th meeting and received a unanimous positive recommendation. Staff has also drafted conditions for the City Council's review for Parking standards, and Conditional Use Permit standard sections in City Code Chapters 11.87 and 11.88. The conditions are in the attached language document and relate to disposal of waste products, production reporting, and outdoor seating areas. Lehman/Clay moved to approve Ordinance No. 877, an ordinance amending the zoning code relating to breweries,brewpubs,taprooms,tasting rooms,wineries, and distilleries and move its adoption. Motion carried 5-0 11.A.2 Request of Patrick Link for Return of Street and Utility Easement Vacation Fee Mr. Leek said that on November 19,2013 the City Council approved the vacation of rights-of- way and easements related to South Parkview 1st Addition. In the early 1990s the City had taken action to vacate them,but at that time Scott County refused to record the vacation(s). This Official Proceedings of the December 3,2013 Shakopee City Council Page 5 fact was only uncovered when the title work for South Parkview 5th Addition was provided. At the conclusion of Council action on this matter, Patrick Link asked the City Council to consider returning the vacation fee. His request was based on the belief that the recording should have been completed years ago,or that the failure to record should have been identified years ago. Staff reviewed recent City Attorney billings related to this matter, and identified charges of about $345.00 billed to the City in October of this year. As was noted by Mr. Link City staff, as well as himself, had spent several hours getting to the point of the Council approving the vacation. At current staff hourly rates,it is reasonable to conclude that more than the $900.00 vacation fee has been extended in attorney and staff time. Patrick Link, 12756 N. Shannon Dr.,provided Council with background information regarding the vacation easement. Lehman moved to direct staff to refund 50%($450.00)of actual costs of the application fee by the applicant. Clay offered a second with an amendment stating that no city staff time will be spent getting this done with the Scott County. It would be up to Mr. Link to do whatever he can get done with the County. Cncl. Lehman did not accept the amendment. Cncl. Heitman provided a second to the original motion. Discussion followed. Cncl. Whiting has a concern that this motion doesn't set any precedent. Mr.Leek said this was a unique situation and would probably not happen again. Mayor Tabke asked for a vote on the motion. Motion carried 5-0. 11.D.1 Review of Undated City Job Descriptions Kris Wilson,Assistant City Administrator, said that in 1984,the State of Minnesota adopted the Local Government Pay Equity Act(M.S.471.991 to 471.999)requiring local governments to establish equitable compensation relationships for male and female classes of employees in order to eliminate gender-based wage disparities in public employment. Local governments across Minnesota are required to file compliance report with the state's Department of Employee Relations once every three years. The City was found to be in compliance with the law following our last two reporting. However, since the last reporting cycle,the City has done some significant restructuring of departments and added many new positions. The City has contracted with Springsted,Inc. to update the job evaluation system and place each of the City's 64 job classifications on a consistent scale. Ms. Wilson provided Council with an overview of the new format for position descriptions and the overarching principles used to update each description. On December 17a', Council will be asked to approve the entire set of job descriptions. Work on the updated pay plan is still underway and will be brought forward for adoption at the December 17`"Council meeting. No action was taken. ILD.2 Ratification of 2014-2016 Sergeants Labor Agreement The current labor agreement with the City's Sergeants union expires December 31. The City has held several negotiating meetings with representatives of the Sergeants union to arrive at the Official Proceedings of the December 3,2013 Shakopee City Council Page 6 attached contract. Ms. Wilson provided Council with an overview of the contract changes. Staff recommends ratification of the negotiated contract as it represents a fair and reasonable deal for the City and our employees. Whiting/Clay moved to authorize the appropriate officials to enter into the attached labor agreement with Law Enforcement Labor Services, on behalf of the City's Police Sergeants. Motion carved 5-0 11.E.1 Approval of the Southbridge Community Park Plan and Authorization to Advertise for Construction Bids,Resolution No. 7392 i Jamie Polley,Parks,Recreation and Natural Resources Director provided information on the planning of Southbridge Community Park formally known as Parcel 75. Since the community input period the PRAB has reviewed and tweaked the concept plans on multiple occasions prior to making a recommendation to the City Council. On August 7,2013 the City Council approved a concept plan for Southbridge Community Park that includes a dog park, lit hockey rink,trails and a parking lot. The City Council authorized the hiring of WSB &Associates to develop the final design and cost estimates for the park The current Park Reserve Fund has $600,000 allocated to the development of Southbridge Community Park. The cost estimate to complete the park with all the desired amenities came in at$1,527,800. The PRAB reviewed the cost estimates and the Park Reserve CIP on November 18, 2013. They reviewed a number of options including reallocating funds within the Park Reserve,building the park in phases, and making design changes. Park and Recreation Advisory Board (PRAB)strongly felt that Southbridge Community Park is a priority park and should be built correctly. The PRAB has directed staff to re-prioritize the projects planned for 2014 -2016 in the Park Reserve to fund the 2014 construction of Southbridge Community Park as estimated. All Councilmembers agreed that the cost of the park should be significantly reduced with the use of bid alternates. Whiting/Lehman offer Resolution No. 7392,A Resolution of the City of Shakopee Approving Plans for Southbridge Community Park and Authorization to Advertise for Bidding. Cncl. Lehman seconded with an amendment that bid alternates are in the plans and specifications. Mayor Tabke asked for a vote on motion carried 5-0. 12. Council Members' Reports Cncl. Whiting attended the Scott County Agriculture Societies' annual meeting. He also stated that the Shakopee High School Leadership in Education and Diversity(LEAD)is collecting non- perishable food items and winter clothing this week. Cncl. Lehman said an elderly resident contacted him about the Trident development not having assisted living or subsidized units. Cncl. Whiting said he would check into it and get back to him. Official Proceedings of the December 3,2013 Shakopee City Council Page 7 Cncl. Clay attended the Shakopee Public Utilities Commission. All of the water and electrical work has been completed this year for the commercial businesses. SPUC also passed a resolution of appreciation for his years of service. Cncl. Heitzman said he received a complaint from a resident regarding street sweeping. This person said that the street sweeper has come by on garbage pickup days when all the garbage containers are out. He requested that the sweeping not be done on garbage pickup days. Mr. Loney stated garbage containers should not be in the street and are to be placed in the driveways so public works staff can sweep and plow snow. Mayor Tabke met with a group of Somali residents from Shakopee who are working on integration in the community to work together with the County and City. On 11/25/13 he met with a business group at Speed Dog to talk about economic development and what is going on in Shakopee. 13. Closed Session for Labor Negotiations I Lehman/Heitzman moved to close the meeting pursuant to MN Statute Section 13.D.03 to consider strategies for labor negotiations. Motion carried 5-0. Mayor Tabke reconvened the meeting and announced that no action had been taken. 14. Adiourn Heitzman/Clay moved to adjourn to Tuesday,December 10,2013 at 7:00 p.m. for a workshop meeting at the Police Department. Motion carried 5-0. Meeting ended at 10:46 p.m. Julie A. Linnihan Finance Director/City Clerk i Kim Weckman Recording Secretary I