Loading...
HomeMy WebLinkAbout4.F.2. City Council Minutes from March 18, 2014 and April 1, 2014Consent Business 4. F. 2. SHt KOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director /City Clerk DATE: 04/15/2014 SUBJECT: City Council Minutes from March 18, 2014 and April 1, 2014. Action Sought Move to approve the minutes from March 18, 2014 and April 1, 2014. Attachments: 3 -18 -14 City Council Minutes 04 -01 -14 City Council Workshop OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 18, 2014 1. Roll Call Mayor Tabke called the meeting to order at 7:03 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; Samantha DiMaggio, Economic Development Coordinator; Jeff Tate, Police Chief, Jamie Polley, Parks, Recreation and Natural Recourses Director and Jim Thomson, City Attorney 2. Pledge of Allegiance 3. Service Plaques — City Boards and Commissions Citizens who had served a complete term on various City Advisory Boards and Commissions were presented with plaques of appreciation for their service. A total of twelve recipients were in attendance. 4. Approval of the Agenda Mocol /Whiting moved to approve the agenda. Motion carried 5 -0. 5. Consent Business Cncl. Luce asked to remove 5.F.3, Approval of PEG Fund Expenditure for video editing equipment. Cncl. Whiting asked to remove 5.17.5, Approve the On -Sale and Sunday On -Sale Intoxicating Liquor License for Valleyfair Lehman/Mocol moved to approve the Consent Agenda. Mr. McNeill read the Consent items. Motion carried 5 -0. 5.A.1 Lehman/Mocol moved to authorize the conveyance of a deed concerning property in South Parkview 1st Addition, and directed staff to sign the deed. (Motion carried under the Consent Agenda) 5.C.1 Lehman/Mocol offered Resolution No.7429, A Resolution Accepting Bids for the East Shakopee Industrial Sewer Improvements, Project No. 2013 -4, and approve a 5% contingency amount for this project for use by the City Engineer in authorizing change orders or quantity adjustments.. Lehman/Mocol offered a motion approving Change Order No. 1 for the project. (Motions carried under the Consent Agenda) 5.C.2 Lehman/Mocol moved to authorize the appropriate City Officials to execute a Pipeline Crossing Agreement with Union Pacific Railroad (Motion carried under the Consent Agenda) Official Proceedings of the March 18, 2014 Shakopee City Council Page 2 5.C.3 Lehman/Mocol offered Resolution No. 7421, A Resolution Restricting Parking On County Road 79, from a point 500 Feet South Of Vierling Drive To 400 Feet North Of Vierling Drive, And From Hickory Lane West to Dakota Street South (Scott County Project SP 070 -596- 005). (Motion carried under the Consent Agenda) 5.C.4 Lehman/Mocol offered Resolution No. 7428, A Resolution Accepting Work On The 2013 Bituminous Overlay Project No. 2013 -2. (Motion carried under the Consent Agenda) 5.C.5 Lehman/Mocol offered Resolution No. 7430, A Resolution Revoking Municipal State Aid Streets and Resolution No. 7431, A Resolution Establishing Municipal State Aid Streets. (Motion carried under the Consent Agenda) 5.D.1 Lehman/Mocol moved to approve position descriptions for the positions of Accounting Manager, Graduate Engineer and Engineering Technician. (Motion carried under the Consent Agenda) 5.D.2 Lehman/Mocol offered Resolution No. 7426, A Resolution Amending Resolution No. 7393, A Resolution Adopting The 2014 Pay Plan For Certain Non -Union Employees Of The City Of Shakopee, and move its adoption. (Motion carried under the Consent Agenda) 5.D.3 Lehman/Mocol offered Resolution No. 7437, A Resolution Declaring The Fire Marshal to be a Dual Position Firefighter, and move its adoption. (Motion carried under the Consent Agenda) 5.E.1 Lehman/Mocol moved to declare a scoreboard, stadium seating and elliptical exercise machines to be surplus property, and authorized the appropriate staff to sell or dispose of these items as warranted. (Motion carried under the Consent Agenda) 5.F.1 Lehman/Mocol moved to approve the bills in the amount of $780,875.58, and electronic transfers in the amount of $544,152.31 for a total of $1,325,027.89. (Motion carried under the Consent Agenda) 5.F.2 Lehman/Mocol moved to approve the City Council minutes from February 18, 2014 and March 4, 2014. (Motion carried under the Consent Agenda) 5.F.3 Removed from the Consent Agenda. 5.F.4 Lehman/Mocol offered Resolution No. 7433, A Resolution Of The City Of Shakopee, Minnesota accepting the findings of the State Revisor of Statutes Concerning Chapter 42 Sec. 12. Valleyfair On -Sale License. (Motion carried under the Consent Agenda) 5.F.5 Removed from the Consent Agenda. 5.F.6 Lehman/Mocol moved to approve the application and grant a temporary on -sale liquor license to the Minnesota Farm Winery Association for April 26, 2014, at Canterbury Park, 1100 Canterbury Road. (Motion carried under the Consent Agenda) 5.F.7 Lehman/Mocol offered Resolution No. 7436, A Resolution Regarding the Support of a Job Creation Fund Application, in Connection with Rosemount, Inc. (Motion carried under the Consent Agenda) Official Proceedings of the March 18, 2014 Shakopee City Council Page 3 6. 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. 7. Public Hearings: 7.A. Impose Penalty for Tobacco Violations Lehman/Mocol moved to open the public hearing. Motion carried 5 -0. Ms. Linnihan said on February 18, 2014, City Council set a hearing for March 18, 2014 to consider the alleged violations of tobacco licensees who sold tobacco to minors during compliance checks on August 8, 2013. Ms. Linnihan stated that a notice had been sent to Riverside Liquors concerning an alleged violation of selling tobacco products to a minor. The notice had informed them that the City Council would consider this issue at its March 18, 2014 meeting at 7:00 p.m. Riverside Liquor has since signed the "Waiver and Admission of Violation" for the tobacco violation. Mayor Tabke if there was anyone in the audience that wished to speak at the public hearing. No one responded. Whiting/Lehman moved to close the public hearing. Motion carried 5 -0. Lehman/Luce moved to acknowledge receipt of the "Waiver and Admission of Violation" from Riverside Liquors, Inc., 507 East 1st Avenue, for sale of tobacco to a minor, and impose a penalty for the first violation in the amount of $500 and a one day license suspension, provided, however, that the one day license suspension will be suspended for a period of one year on the condition that both the licensee and their employees have no further incidents of furnishing, selling or attempting to sell tobacco, tobacco products or tobacco related devices to a minor. Motion carried 5 -0. 7.B. Impose Penalty for Alcohol Violations Whiting/Mocol moved to open the public hearing. Motion carried 5 -0. Ms. Linnihan said on February 18, 2014, City Council set a hearing for March 18, 2014 to consider the alleged violations of five liquor licensees who sold alcohol to minors during compliance checks on August 8, 2013. Notices were sent to Chaska Market, LLC dba Los Ranchos Plaza, Holiday Stationstores, Inc. dba Holiday Stationstore #250, Knights of Columbus Home Association, Inc. dba Knights Event Center, PHO 83 Inc., and Sam's West, Inc. dba Sam's Club concerning their alleged violation of selling alcohol to a minor. The notice had informed the licensees that the City Council would consider this issue at its March 18, 2014 meeting at 7:00 p.m. All licensees had subsequently admitted to their first violations, and have signed the "Waiver and Admission of Violation ". Mayor Tabke asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Official Proceedings of the March 18, 2014 Shakopee City Council Page 4 Whiting/Luce moved to close the public hearing. Motion carried 5 -0. Lehman/Mocol moved to acknowledge receipt of the "Waiver and Admission of Violation" from Chaska Market, LLC dba Los Ranchos Plaza, Holiday Stationstores, Inc. dba Holiday Stationstore #250, Knights of Columbus Home Association, Inc. dba Knights Event Center, Pho 83 Inc., and Sam's West, Inc. dba Sam's Club for the sale of alcohol to a minor, and impose the penalty for the first violation in the amount of $1,000 and a suspension of the liquor license for one day, and suspend $500 of the fine and the one day suspension for one year on the condition that the licensees have no further incidents of furnishing or selling alcoholic beverages to a minor during that one year period. Motion carried 5 -0. 8. Business removed from the Consent Agenda Cncl. Luce said that he had asked for the removal of 5.F.3, Approval of Public Education and Government (PEG) Fund Expenditure for video editing equipment because he wanted to know if the purchase of equipment would eliminate video problems encountered at the previous meeting. Ms. Wilson stated the equipment purchase was unrelated to the earlier problems, but said that she felt that the problem had been solved. Cncl. Whiting stated that the City should have been able to use the old equipment which was sold, instead of buying new equipment. Luce/Lehman moved to authorize an expenditure of $12,055 from the PEG Fund for the purchase of new video editing hardware and software. Discussion followed. Cncl. Whiting again stated that he disagreed with the proposed motion. Motion carried 4 -1, with Cncl. Whiting in dissent. Cncl. Whiting then stated that he had asked for the removal of 5.F.5, Approve the On -Sale and Sunday On -Sale Intoxicating Liquor License for Valleyfair, because he was concerned about a previous liquor violation in 2012 which was addressed in 2013, and the proposed issuance of a new liquor license. Cncl. Whiting asked that the violation be imposed on the new license. Whiting/Luce moved to direct staff to review City Code and to make recommendations regarding repeat violations for Valleyfair. Motion carried 5 -0. Lehman/Mocol moved to approve the On -Sale and Sunday On -Sale Intoxicating Liquor License for Valleyfair on the condition that inspections are performed and approved. Motion carried 5 -0. 9. Recess for Economic Development Authority Meeting Mocol/Luce moved to recess for the Economic Development Authority Meeting. Motion carried 5 -0. 10. Reconvened Mayor Tabke reconvened the meeting. 11.C.1 Reauest of MnDOT for Extending Work Hours on the TH 101 Southwest Reconnection Proiect. Mr. Loney said MnDOT has requested a suspension of the noise restriction hours, which would allow for work to continue during the night. This relates to.. City Code, Sec. 10.60, Subd. 3, which restricts night construction activities. Official Proceedings of the March 18, 2014 Shakopee City Council Page 5 MNDOT has asked for extended hour to meet an aggressive construction schedule. The suspension would last for the duration of the project, which is expected to extend to Fall, 2015. Mr. Loney said that if the Council approves the suspension, a public notice would be needed to be published so as to meet City Code requirements. Mr. Loney said he has a call into MNDOT for clarification on some of the terminology in the agreement.. Mr. Loney said he will bring this item back to Council after he hears back from MNDOT. Council agrees that the project needs to move forward quickly, but asked Mr. Loney to follow up on a specific items. The first would be to work with the City of Chanhassen to establish a consensus of hours for construction that works for both cities. Council also asked staff to consider the impact of construction noise on music events in Huber Park, such as Derby Days and Music in the Park. 11.F.1 Approval of Resolution No.7434 , A Resolution Authorizing the Establishment of a Policy and Procedures for Tax Increment Financing Ms. DiMaggio advised Council that the City has approved Tax Increment Financing (TIF) in the past, but has had no formal policy in terms of what performance criteria the applicant should meet in such things as job creation, wage requirements, and the like. City Staff has developed a proposed policy in collaboration with the City Attorney's office, Kennedy & Graven, and the City's Financial Adviser, Springsted. Staff has also reviewed the current policies from a variety of other cities within the State of Minnesota. Ms. DiMaggio summarized the basic purposes of TIF, and what a City would need to do to creates a TIF district. %iting/Mocol offered Resolution No. 7434, A Resolution Authorizing The Establishment Of A Policy And Procedures For Tax Increment Financing. Motion carried 5 -0. 11.F.2 Approval of Resolution No. 7435, A Resolution Authorizing the Establishment of a Policy and Procedures for Tax Abatement Ms. DiMaggio said the City has approved Tax Abatement in the past but has had no formal policy in terms of what performance criteria the applicant should meet, in such things as job creation, wage requirements, and the like. City Staff has developed this policy, again in collaboration with the City Attorney's office financial adviser., And had also reviewed the current policies from a variety of other cities within the State of Minnesota. Ms. DiMaggio said abatement is offered in Shakopee when jobs are created that pay a living wage. The City of Shakopee has previously adopted a Business Subsidy Policy which requires a minimum of 200% of the Federal minimum wage, or $14.50 per hour. Lehman/Mocol offered Resolution No. 7435, A Resolution Authorizing the Establishment of a Policy and Procedures for Tax Abatement, including an amendment to cap assistance maximum at $15,000 per job, rather than $25,000 per job. Motion carried 5 -0. Official Proceedings of the March 18, 2014 Shakopee City Council Page 6 12. Council Members' Reports Cncl. Lehman had no report. Cncl. Mocol attended the Chamber of Commerce meeting. The Chamber's Women's Event is set for May 1St at Mystic Lake Casino Hotel. She also attended the Chamber and Visitor's Bureau meeting. The Renaissance Festival discussed their plans to include more family friendly events, as well as other events this fall. The River Valley Theater Company will be hosting events this summer. Valleyfair is adding new features to their park this summer. The Landing at Three River's Park is starting their maple syrup season. It will also be hosting an art fair this summer. Cncl. Luce reported that he had attended the school board meeting on 03/17114. It discussed the failed referendum, and what next steps they will be taking. He also reported that three students are going to California for a science event. Cncl. Whiting said that he attended the March 14th SCALE meeting, where he was elected as the chairperson of SCALE. There was a presentation by Met Council about surface and ground water. He said that Scott County is having a public hearing on April 1St regarding the potential imposition of a transportation sales tax in the county. On 03/17/14 he attended the Shakopee Public Utilities Commission meeting. It discussed power outages, and that staff is working on new ideas for customer notifications in the event of emergencies. Mayor Tabke said that he had toured the Emerson building on 02/19/14. On 02/25/14 he attended the Rotary Club meeting and spoke about City goals. He also attended the Intergovernmental Working Group meeting and discussed on working with Mystic Lake Casino, the cities of Shakopee and Prior Lake and major entertainment destinations in the region regarding the creation of an overall brand for the area. The goal is to have a destination for south of the river attractions that people can identify. He and Cncl. Mocol also attended a meeting on the State Chamber of Commerce's legislative agenda. On 03/03/14, Mayor Tabke met with the Senior Club and discussed different things the seniors are looking for in the community. The need for a senior center was the focus of the meeting. On 03/10/14 he spoke at the Shakopee High School's Democracy Class and discussed how government works. He also congratulated the Shakopee boys' basketball team, and two wrestlers on their performances at State High School Tournaments. 13. Other Business Cncl. Luce said the Federal Railroad Authority (FRA) has granted the City a visit next month from the regional director regarding the train situations. Cncl. Lehman stated that he was concerned because the FRA was not allowing the Railroad Safety Committee to attend the meeting. Cncl. Luce said that he will see if something can be worked out to allow the Railroad Safety Committee to attend. If it doesn't work out, he offered that Cncl. Lehman could take his spot at the meeting. Official Proceedings of the March 18, 2014 Shakopee City Council Page 7 14. Adiourn Whiting/Luce moved to adjourn to Tuesday, April 1, 2014 at 7:00 p.m. Motion carried 5 -0. Meeting ended at 9:1 p.m. J e A. Linnihan Finance Director /City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL WORKSHOP SHAKOPEE, MINNESOTA APRIL 1, 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, Bruce Loney, Public Works Director/Engineer; and Julie A. Linnihan, Finance Director /City Clerk. 2. Pledge of Allegiance 3. Approval of the Agenda Whiting/Luce moved to approve the agenda. Motion carried 5 -0. 4. Consent Business Cncl. Whiting asked to remove 4.C., Request of MnDOT for Extending Work Hours on the TH 101 Southwest Reconnection Project. Lehman/Mocol moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent items. Motion carried 5 -0. 4.A Lehman/Mocol offered Resolution No. 7425, A Resolution Approving Plans And Specifications And Order Advertisement For Bids For The Lift Station L16 & Forcemain Improvements Project No. 2014 -5. (Motion carried under the Consent Agenda) 4.11 Lehman/Mocol Offered Resolution No. 7432, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2014 Street Reconstruction, Project No. 2014 -1. (Motion carried under the Consent Agenda) 4.0 Removed from the Consent Agenda. 4.1) Lehman/Mocol moved to authorize the promotion of Keith Raines and Jamie Theis to the positions of Foreman within the Public Works Department, at Step C of Grade 6, of the 2014 Non -Union Pay Plan, effective March 24, 2014. (Motion carried under the Consent Agenda) 4.E Lehman/Mocol moved to approve the bills in the amount of $213,272.67 and electronic transfers in the amount of $430,828.53 for a total of $644,101.20. (Motion carried under the Consent Agenda) 4.F Lehman/Mocol moved to declare 50 stackable chairs previously used in the City Council Chambers as surplus property, and authorize staff to sell or dispose of them in accordance with City policy. (Motion carried under the Consent Agenda) Official Proceedings of the April 1, 2014 Shakopee City Council Page 2 4.G Lehman/Mocol moved to approve the scheduling of a City Council Workshop at 7 PM on Tuesday, April 29, 2014. (Motion carried under the Consent Agenda) 4.H Lehman/Mocol offered Resolution No. 7438, A Resolution Ordering a Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian in the Right - of -Way of Trunk Highway 169 at County State Aid Highway (CSAH) 17. (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. Toni Reget, 1565 Countryside Dr., discussed safety concerns at the intersections of 12th and Tyler St., 4th Ave and Marschall Rd., and Marschall Rd. and Gorman Street. She cited separate instances of safety issues with the removal of a stop sign at Tyler St. and 12th Avenue and the non - working functions of the crosswalk signal at Marshall Rd. and 4th Avenue as well as Marschall Rd. and Gorman St. The Council referred her concerns to the City's Engineering Dept., and Traffic Safety Committee. 6. Business removed from the Consent Agenda Cncl. Whiting removed Item 4.0 from the consent agenda, regarding the Request from MnDot for Extending Work Hours on the TH 101 Southwest Reconnection Project. He stated that his concerned about noise from the pile driving work that could possibly take place until 10:00 p.m. if Council agrees to suspend City Code Sec. 10.60. Whiting moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restriction on Certain Operations, but until 9:00 p.m., and to direct staff to publish notice of the suspension terms. The motion died for lack of a second. Lehman/Mocol moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restriction on Certain Operations, in accordance with the staffs memo, and to direct staff to publish notice of the suspension terms. Motion carried 4 -1, with Cncl. Whiting voting in dissent. Whiting/Mocol moved to recess the meeting to travel to the SCALE Joint Training Facility. Motion carried 5 -0. 7. Workshou Discussion 7.A SCALE Information and Tour of Joint Training Facility 17706 Vallev View Drive Jordan, MN Whiting/Luce moved to reconvene the meeting, which was being held at the Regional Training Facility (RTF) near Jordan. Motion carried 5-0. SCALE RTF Director Mike Briese presented a history of the SCALE Facility, and led Council on a tour of the RTF fire practice tower, dormitory rooms, shooting range, driving simulator and shooting simulator. Official Proceedings of the Shakopee City Council S. Adiourn April 1, 2014 Page 3 Lehman/Whiting moved to adjourn to Tuesday, April 15, 2014 at 7:00 p.m. Motion carried 5 -0. Meeting ended at 9:31 p.m. Cie A. Linnihan Finance Director /City Clerk Kim Weckman Recording Secretary