HomeMy WebLinkAbout01/21/2014 •
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
• ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA January 21,2014
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, Kathy Mocol and
Mike Luce
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; and Jim Thomson, City
Attorney
2. Pledge of Allegiance
3. Approval of the Agenda
Mr. McNeill asked to add 10.F.3, First February Meeting Date Change,Resolution No. 7411.
Whiting/Lehman moved to approve the agenda as amended. Motion carried 5-0.
II4. Consent Business
Cncl. Mocol asked to remove 4.F.4, 2014 City Council Liaison Appointments. Lehman/Luce
moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items.
Motion carried 5-0.
4.A.1 Lehman/Luce moved to accept the review of the annual review of CUP and Mineral
Extraction and Land Rehabilitation Permit for Shakopee Gravel. (Motion carried under the
Consent Agenda)
4.A.2 Lehman/Luce 1. Offered a motion accepting, with thanks for his service to the City,the
resignation of Wade Ferris from the Historic Preservation Advisory Commission. (Motion
carried under the Consent Agenda)
4.B.1 Lehman/Luce offered Resolution Number 7403, A Resolution of the City of Shakopee,
Minnesota, Approving Grant Agreement No: 2014-00015 with the Minnesota Department of
Public Safety, Office of Justice Programs, for the project entitled Southwest Metro Drug Task
Force, for the calendar year 2014. (Motion carried under the Consent Agenda)
4.C.1 Lehman/Luce offered Resolution No. 7407, A Resolution Approving Plans and
Specifications And Ordering Advertisement For Bids For The CSAH 17/Vierling Drive and
CSAH 17/TH 169 North Ramp Intersection Improvements,Project No. 2012-6, including
Pavement Rehabilitation Work on CSAH 17/Vierling Drive, Project No. 2013-5 and Ordering
• Advertisement for Bids. (Motion carried under the Consent Agenda)
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4.C.2 Lehman/Luce offered Resolution No. 7401, a Resolution which Approves the Plans and •
Specifications and Orders Advertisement for Bids for the 2014 Cured-In-Place-Pipe (CIPP)
Project, Project No. 2014-4. (Motion carried under the Consent Agenda)
4.C.3 Lehman/Luce offered Resolution No. 7402 , A Resolution Receiving A Report And
Calling A Hearing For The 2014 Street Reconstruction Project, Project No. 2014-1. (Motion
carried under the Consent Agenda)
4.C.4 Lehman/Luce moved to authorize the purchase of two (2)police interceptors and one (1)
police detective vehicle from Nelson Auto Center for the amount of$77,825.25 in accordance
with the State of Minnesota contract#37669. The funds are to be expended from the Capital
Equipment Internal Service Fund. (Motion carried under the Consent Agenda)
4.D.1 Lehman/Luce moved to authorize the hiring of Adam Predovich for the position of police
officer, at Step 1 of the current labor agreement wage scale, subject to successful completion of
the required pre-employment screenings. (Motion carried under the Consent Agenda)
4.D.2 Lehman/Luce moved to recognize Bryan Hughes' successful completion of the required
probationary period for new employees and grant him full-time regular status as a Community
Service Officer with the Police Department. (Motion carried under the Consent Agenda)
4.D.3 Lehman/Luce offered Resolution No. 7408, a resolution approving the City of Shakopee's
2013 Pay Equity Compliance Report, and move its adoption. (Motion carried under the Consent
Agenda) •
4.E.1 Lehman/Luce offered Resolution No. 7404,A Resolution of the City of Shakopee,
Minnesota Authorizing the City to Submit an Outdoor Recreation Grant Program Application for
the Quarry Park Project. (Motion carried under the Consent Agenda)
4.E.2 Lehman/Luce offered Resolution No. 7405, A Resolution of the City of Shakopee,
Minnesota Authorizing the City to Submit a Federal Recreational Trail Program Application for
the Quarry Park Project. (Motion carried under the Consent Agenda)
4.E.3 Lehman/Luce offered Resolution No. 7406, A Resolution of the City of Shakopee,
Minnesota Authorizing the City to Submit a Local Trail Connections Program Application for
the Quarry Park Project(Motion carried under the Consent Agenda)
4.F.1 Lehman/Luce moved to approve the bills in the amount of$430,892.79 and electronic
transfers in the amount of$507,512.83 for a total of$938,405.62. (Motion carried under the
Consent Agenda)
4.F.2 Lehman/Luce moved to approve the City Council minutes from January 7, 2014.
(Motion carried under the Consent Agenda)
4.F.3 Lehman/Luce moved to approve the 2014 revised fee schedule. (Motion carried under the
Consent Agenda)
4.F.4 Removed from the consent agenda.
•
4.F.5 Lehman/Luce offered Resolution No. 7410, a resolution authorizing and approving the
loan of a Minnesota Investment Fund Grant to Rosemount, Inc. and Related Documents, and
move its adoption. (Motion carried under the Consent Agenda)
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Shakopee City Council Page 3
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:
None
7. Business removed from the Consent Agenda will be discussed at this time
Cncl. Mocol asked for the removal of 4.F.4, 2014 City Council Liaison Appointments to discuss
the process in which the appointments were determined. After discussion of the process, council
agreed to table the motion. Whiting/Lehman moved to table. Motion carried 5-0.
8. Recess for Economic Development Authority Meeting:
Lehman/Mocol moved to recess for the Economic Development Authority Meeting.
9. Reconvene
Mayor Tabke reconvened the meeting.
10. General Business
• 10.A.1 Appeal of Board of Adjustment and Appeals Decision, Curb to Curb Contractor
Conditional Use Permit—Resolution No. 7409.
Michael Leek, Community Development Director, said Roger Dvorak made application for a
zoning text amendment to allow landscape services and contractors as a conditional use in the
Highway Business (B-1) zone,which was reviewed by the Planning Commission and the City
Council. The City Council approved the zoning text amendment unanimously on November 19,
2014. Mr. Dvorak then completed purchase of the property at 1480 Third Avenue West and
applied for a conditional use permit to operate his business at this location. At the Board of
Adjustment and Appeals (BOAA) meeting the public hearing was conducted on the CUP
request. After the public hearing was closed the BOAA adopted Resolution PC14-002,
approving a Conditional Use Permit for a Landscape Service/Contractor and Exterior Storage of
Goods For Sale. The Board chose to revise two of the draft conditions of the resolution relating
to the amount of screened material that could be stored in bunkers on the site (75 cubic yards), as
well as revising a condition on noise generation during evening hours.
Mr. Leek said that Mr. Mike Saxton, 1901 10th Avenue West filed an application to appeal the
Board's decision to the City Council. Mr. Saxton states in his letter that Mr. Dvorak's use is not a
listed permitted or conditional use in the previous code or the amended code.
In the case of an appeal of the decision of the Board of Adjustments and Appeal the City Council
is tasked with determining if the if there were errors or omissions in the decision of the Board of
Adjustment and Appeals approving the Conditional Use Permit.
• Mr. Leek shared that city staff discussed both Mr. Dvorak's Conditional Use Permit and Mr.
Saxton's appeal with the City Attorney. The City Attorney suggested and assisted staff in the
drafting of the attached resolution for the denial of Mr. Saxton's appeal for City Council's
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Shakopee City Council Page 4
review. The City Attorney is confident that Mr. Dvorak's business meets the definitions of the
•
uses prescribed in the zoning ordinance.
Staff recommends that the City Council adopt Resolution No. 7409, a resolution denying the
appeal of Mr. Mike Saxton of The Board of Adjustment and Appeals approval of Resolution No.
PC 14-002.
Roger Dvorak, owner of Curb to Curb answered questions of Council and also explained the
screening and storage process of his business.
Mike Saxton, 1901 10th Ave., asked Council to uphold his appeal of the decision of the Board of
Adjustment and Appeals because of several concerns not listed in the CUP. Mr. Saxton spent
several minutes relating for the record his concerns. He also stated that the property in question
is in the B1 Zone which is not permitted highway use.
City Attorney, Jim Thomson, agrees that the appeal is based on the contention that the use is not
a conditional use and doesn't meet the definition. He believes that the applicant does meet the
criteria. He also said there is a requirement in the resolution that the applicant must comply with
all federal, state and county environmental regulations.
Whiting/Mocol offered Resolution No. 7409, A Resolution Denying the Appeal the Appeal by
Mr. Mike Saxton of the Board of Adjustment and Appeals Approval of Resolution PC14-002.
Motion carried 5-0.
10.A.2 Proposed text amendment to Shakopee City Code Section 11.36, Highway Business •
(B-1) Zone regarding vehicle sales and service—Ord. No. 882
Mr. Leek said the City of Shakopee has hired consulting group HKGI to study and review
current and potential future land uses in the downtown and Highway 101/69 corridor. There is a
concern by the business community about the high number of used car lots on Highways 101/69.
It appears from the comments that there is a belief that the number of used car lots is limiting
current and future investment in the 101/69 corridor. The consultant HKGI will be presenting the
study to the City Council in March.
The Planning Department has proposed a text amendment to change the language in City Code
for vehicle sales, service, and repair,making it a conditional use which would prospectively
allow used vehicle sales only in conjunction with new vehicle sales.
At this time there are 12 vehicle sales operations in the 2 mile 101 /69 corridor near downtown.
On average there is approximately 1 vehicle dealer every 0.16 of a mile. There are an additional
5 operations in the eastern portion of the city. Planning staff routinely fields questions from
people interested in establishing additional car lots in the 101/69 corridor.
At the December 5th Planning Commission meeting the Planning Commission held a public
hearing on the proposed text amendment. There were no comments from the public on the
proposed ordinance. The Commission amended the language to require used vehicle sales
operations be wholly owned by a new vehicle sales operation within the City of Shakopee. The
Commission unanimously recommended approval of the text amendment as they had amended
•
it. The Commission members also expressed the belief that automotive oriented uses were
limiting future investment in the 101 corridor.
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Shakopee City Council Page 5
The Planning Commission has recommended that the City Council adopt Ordinance No. 882, an
ordinance amending City Code Section 11.36 (Highway Business, B-1) Subdivision 3 regarding
vehicle sales and service.
Mocol/Luce moved to table the item until after the presentation on the First Avenue study.
Motion carried 5-0.
Lehman/Mocol moved for a 5 minute recess. Motion carried 5-0.
Mayor Tabke reconvened the meeting.
10.C.1 Award of Contract for Garbage/Recycling Bin Purchase
Mr. McNeill said that due to the garbage/recycling contract,the City needed to consider vendors
for garbage/recycling containers.
After careful consideration,the consultant and staff recommend purchasing from Cascade
Engineering, Inc. The recommended quote from Cascade Engineering, Inc. is $975,100, which
includes delivery. Allied has agreed to do assembly.
The funding for this will come as a loan from the Sanitary Sewer Fund, amortized over 10 years
at 4% interest. This loan will be repaid through a "cart rental fee" listed on residents'bills. Also
included will be a charge for replacement parts. This means that the listed cart rental fee to be
charged per customer will be $0.55 per cart($1.10 per month per customer for the two carts,
• based on the recommended 4%annual interest rate).
Lehman/Luce offered a motion to authorize a contract for the purchase of approximately $23,280
garbage and recycling carts to Cascade Engineering Inc., at a cost of$975,100 with funding from
a loan through the Sanitary Sewer Fund at a rate of 1%. Discussion followed.
Cncl. Lehman doesn't believe tax payers should be charged 4% interest because they have
already paid through tax dollars to the Sanitary Sewer Fund.
Cncl. Luce believes that citizens should also have the choice to pay up front for the carts.
Julie Linnihan, Finance Director, strongly encouraged Council to not go below 3%interest rate.
Mayor Tabke asked for a vote on the motion. Motion approved 3-2 with Cncl. Whiting and
Mayor Tabke in dissent.
Lehman/Luce moved to direct staff to research the feasibility of allowing residents to pay for
carts up front or within the first year,rather than paying a cart rental fee. Motion carried 5-0.
10.F.1 Advisory Commission Futures
Mr. McNeill said that Council is asked to review the current City advisory boards and
commissions prior to interviewing candidates for new terms and open seats in early February.
• At this time, staff believes three commissions in particular warrant discussion:
Transit Commission: With the impending merger with Minnesota Valley Transit Authority,the
City will have a representative on the MVTA Board. Absent the Blue Xpress operation,there
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Shakopee City Council Page 6
are few local issues for residents to provide input. Recently,there has been little for the Transit •
Commission to do.
Historic Preservation Advisory Commission: Previous City Councils have considered three
times the HPAC's recommendation to establish an historic preservation ordinance. However,the
Councils have declined to do this. Without an enforcement ordinance such as that, the HPAC
has little to discuss.
Telecommunications Advisory Commission: At one time, this Commission had control over the
franchise fee revenue received from Comcast cable and the Commission set policies for
operation of the Public Access Channel. Today, franchise fee revenue is allocated to the General
Fund and the public access channel has been shut down for lack of community interest. The
TAC has been on an every-other month meeting schedule since 2011, and even with that, it has
not met since July due to a lack of agenda items.
All three of these groups have had meetings canceled frequently due to a lack of agenda items.
If the commissions are to be restructured for a similar, but different purpose, consideration
should be given to whether or not new membership is to be sought. Otherwise, should
something significant arise that does require public input, it is possible that an ad hoc committee
could be appointed for that reason--an example would be the recent Website Advisory Task
Force.
Based on the lack of substantive agenda items for these three groups, Staffs recommendation is •
to discontinue the Transit Commission,the Historic Preservation Advisory Commission, and the
Telecommunications Advisory Commission, effective March 1, 2014. March 1st is the date that
the terms of appointed members would normally expire.
Lehman/Luce moved to disband the Transit Commission, Historic Preservation Advisory
Commission and Telecommunications Advisory Commission, and extend its gratitude to the
volunteers who sat on those Commissions for their time and service to the City. Motion carried
4-1 with Cncl. Whiting in dissent.
The Council also asked that the members who have been serving on the disbanded commissions
be contacted about applying for vacancies on the remaining commissions.
10.F.2 Work Session Discussion for the February 5,2014 City Council Meeting.
Mayor Tabke said that during the January 7th, 2014 City Council meeting,the format and
structure of the meetings for 2014 was revised. It was determined that the first meeting of each
month would be held to provide Council with a specific meeting time to address defined issues.
The work sessions could be initiated by the development of the following:
• Council defined priorities
• Establishment of priorities for timing and planning(short,mid and long term)
• Updated policies, specifically established to provide a base for 2015 budget development •
• Coordinate action items with the boards, commissions and interested City partners in the
discussion and implementation of work plans
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Shakopee City Council Page 7
• • To effectively meet the needs of the community,the process will require the Council to meet
with both public and private groups, encompassing the integration of goals that not only impact
the City and the residents, but to determine how to best coordinate tasks and staff
He asked Council members to develop a list of topics that are of interest and priority to the
Council action of the upcoming year. Once this list of topics is approved by the Council
members as a whole,the work session topics can be developed, information developed and
provided to Council for their work review and planning.
Councilor Lehman asked for clarification.
The planned schedule for the upcoming meetings is as follows:
• Review and discuss the development of Statements for Policy Development at the January
21st, 2014 meeting
•Return the forms used to develop the Council statements to City Hall by January 28th, 2014
• Work session of February 5th will initiate the process to establish priority policy decisions
• Adopt the refined statements for policy and direction at the February 18th, 2014 City Council
meeting
• Develop work session topics for upcoming month's based on the policies developed on
February 5, 2014
Mayor Tabke requested the establishment of City Council priorities, work plans,policies and
action plans to develop the "next steps" for Council discussion and policy prioritization. This
will require the Council to work together to establish ground rules for the work session meeting
format, come prepared with statements and topics. He said that the outcome would be a series of
effective work sessions which will provide a consistent and cohesive message to the community
and staff in prioritizing the actions of the 2014 Council process.
10.F.3 First February Meeting—Date Change—Res. No. 7411.
McNeill said that the first regular meeting in February would normally be Tuesday, February
4th. However,that is also the day of precinct caucuses, and by State Law, Council is prohibited
from meeting after 6:00 p.m. on that day. Staff recommended designating the first meeting in
February to be Wednesday, February 5th.
Whiting/Luce offer Resolution No. 7411,A Resolution Changing the February 4, 2014 Council
Meeting Date to Wednesday, February 5, 2014. Motion carried 5-0.
11. Council Members' Reports
Cncl. Luce had no report.
• Cncl. Mocol had no report.
Cncl. Lehman attended the Derby Days meeting in which they discussed the strengths and goals
of Derby Days.
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Shakopee City Council Page 8
Cncl. Whiting attended the Planning Commission Board of Adjustment and Appeals meeting on •
January 9, 2014. On January 10, 2014 he attended the SCALE general membership meeting. He
reported that Stacy Crakes, Business Development Manager for the First Stop had said their web
site was in the process of being developed. Future plans for the First Stop Shop is to work with
local branches of government on customer service training events. He also said Claire Robling
of Scott County gave an update on this year's legislative priorities, and that the Three Rivers
Park District gave an update. On January 14, 2014, he participated in the League of MN Cities
webinar titled"Role With It". On January 15, 2014 he attended the first of two classes mandated
by the past council for all rental property owners. On January 16, 2014 the Shakopee Diversity
Alliance met to discuss its upcoming annual meeting to be held on January 30, 2014 at the
Shakopee Library at 6:30 p.m.
Cncl. Whiting also encouraged all to participate in the state caucuses on Tuesday, February 4,
2014.
Mayor Tabke said he attended the Chamber of Commerce meeting on January 8, 2014 and also
attended the open house on January 15th regarding the roundabout at Vierling and Spencer St.
12. Closed Session to Discuss Labor Negotiations
Cancelled
13. Other Business •
None
14. Adjourn
Lehman/Mocol moved to adjourn to Wednesday, February 5,2014 at 7:00 p.m. Motion carried
5-0.
Meeting ended at 9:10 p.m.
"(du
Julie A. Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary
•