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HomeMy WebLinkAbout3.G. City Council Minutes from May 6, 20, 27, June 3, and 17, 2014 General Business 3. G. SHAKOI'EE TO: Mayor and City Council Mark McNeill,City Administrator FROM: Julie Linnihan,Finance Director/City Clerk DATE: 07/01/2014 SUBJECT: City Council Minutes from May 6,20,27,June 3 and 17,2014 Action Sought Approve the minutes from May 6th,May 20th,May 27th,June 3rd, and June 17th. Attachments: 05-06-14 City Council Workshop 05-20-14 City Council Meeting 05-27-14 City Council Meeting 05-27-14 City Council Workshop 06-03-14 City Council Workshop 06-17-14 City Council Meeting OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL WORKSHOP SESSION SHAKOPEE MINNESOTA May 6,2014 Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting;Councilmember Kathi Mocol;Councilmember Mike Luce Staff Mark McNeill,City Administrator;R.Michael Leek,Community Development Director;Bruce Loney, Present: Public Works Director/Engineer; Jamie Polley,Parks,Recreation&Natural Resources Director;Julie A Linnihan,Finance Director/City Clerk Attendees: John Crooks,Shakopee Public Utilities Manager;Bryan McGowan, SPUC Commission Member; Joe Helkamp, SPUC Commission Member;Bill Mars,SPUC Commission Member;Terry Joos,SPUC Commission Member;Jordan Olson,SPUC Commission Member 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda Moved by Matt Lehman,seconded by Kathi Mocol Vote: 5-0 Carried 4. Consent Business(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) Moved by Matt Lehman,seconded by Mike Luce Vote: 5-0 Carried A. Offered Resolution 7445, a Resolution Amending the Personnel Handbook for Employees of the City of Shakopee,and move its adoption. (Motion carried under the Consent Agenda) B. Offered Resolution No.7444,which accepts the bids and awards a contract for the 2014 Street Reconstruction,Project No.2014-1 to Wm. Mueller& Sons, Inc. and approve a 5%contingency amount on this project for use by the City Engineer in authorizing change orders or quantity adjustments on this project. (Motion carried under the Consent Agenda) C. Moved to approve the bills in the amount of$590,404.84 and electronic transfers in the amount of $542,473.65 for a total of$1,132,878.49.(Motion carried under the Consent Agenda) D. Offered Resolution No. 7447,A Resolution of the City of Shakopee,Minnesota Accepting the Donation of Safety Fence at Tahpah Park from the Shakopee Men's Softball. (Motion carried under the Consent Agenda) E. Moved to appoint Mike Luce as City Council representative,and Economic Development Coordinator Samantha DiMaggio as the two City representatives on the Main Street Shakopee Steering Committee. (Motion carried under the Consent Agenda) 1 F. Offer Resolution No.7446,a Resolution Amending the Pay Plan for Part-Time,Temporary and Seasonal Employees,and move its adoption.(Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL(Limited to five minutes per person/subject.Longer presentations must be scheduled through the City Clerk.AS this meeting is cablecast,speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) No one responded. 6. Business removed from the Consent Agenda will be discussed at this time, Nothing removed. 7. Joint Meeting with Shakopee Public Utilities A. Power Outage Notification Options. Council members discussed with the Shakopee Public Utilities Commission(SPUC)the need for public notification of power outages.SPUC Utility Manager,John Crooks,explained the current procedures for notifications. SPUC members said there is a safety concern for notifications of all power outages. Council suggested a general message regarding a power outage and an approximate time the power will be out. Council asked staff to look into linking the City Facebook page and Police social media sites to advise of power outage information in the City. B. Frozen Water and Sewer Lines-Proper Roles Mr.McNeill said that Council discussed at a previous meeting the responsibility of frozen pipes and who is responsible for these incidents. Mr.McNeill said the line running from the house to the main is the property owners responsibility but the question is what should SPUC or the City be responsible for in terms of who should be out maintaining those lines,making them operable again. Mr.Crooks said that the past winter was very cold and that the frost was down so deep that the service lines themselves froze. Most lines are buried 7.5 feet in the ground. Mr.Crooks said that of the 11,000 customers with SPUC only 19 service lines froze. SPUC had the homeowner take care of contracting with someone to thaw out their lines. The costs to thaw was the responsibility of the homeowner. SPUC will be sending letters to the homeowners who had the frozen lines at the beginning of the next winter season reminding them of the problems they had with frozen pipes. Mr. Crooks said that if we have another below avenge winter,SPUC will be handling the problems the same way they did last year. Mr.Crooks said state code is to have the lines buried at 7 feet and SPUC's policy is that they must bury the lines at 7.5 feet. Mayor Tabke stressed the need for the City and SPUC to improve communications with residents by working more closely with each entities communications staff. All were in agreement that a flyer could go out with SPUC bills letting residents know what their responsibility is and who they should contact. They also agreed that incidents of frozen water service lines rests on the property owner. SPUC and the City also agreed of the need to re look at the policy regarding who is responsible for the line from the main,in the middle of the street,to the curb stop. C. Long Term Infrastructure Investments for Future Extension of Water,Electric and Sewer Utilities to Areas in Southwest Shakopee Mr.McNeill said that there is a lack of plat activity in Shakopee. The City would like to have a discussion with SPUC regarding long-term water,electrical and other services,specifically to areas to the south and west,including Louisville and Jackson townships. Mr.McNeill said that not all of the areas around the 169/69 intersection are in the SPUC service boundary areas. Mr.Crooks stated that Shakopee has seen an influx of development and SPUC has been well positioned to address the utility needs of that growth. Mr. Crooks provided formation regarding SPUC's 5 year CIP schedule and a map of three different water pressure zones to serve Shakopee. On the electrical side,Mr. Crooks again discussed the five year CIP schedule and provided maps of current substation locations and electrical service territories. The long term plan is in place to address potential annexation of Jackson Township with regard to water and electricity. With regard to water connection charges,SPUC feels it is important to keep utility rates low for all users and connection charges to explain the water system. They believe they are a business enterprise and do not want to deal with the political issues. They suggested the possibility of a donation to an Economic Development Fund. SPUC indicated that it has the ability to spread water connection charges over a three year time frame. Council would like to see SPUC to be more responsive and to recognize a community-wide economic development need. D. Long Term Groundwater Sustainability for Shakopee Mr.McNeill discussed the SCALE meeting in April in which a representative from the Metropolitan Council talked about water availability. The Met.Council representative expressed some concerns about long-term water availability for the southwest metro area. Mr.McNeill asked Mr.Crooks to discuss with Council what has been done locally in terms of water availability. Mr.Crooks said that water supply has been an issue of concern for many years. With the dramatic increases in growth in Shakopee that have taken place over the years,SPUC has been able to effectively serve the electric and water needs of Shakopee and surrounding areas. In 2004 the SPUC wanted to create a region specific groundwater model that would simulate continued growth while also addressing potential future annexation by the City and the potential sale of up to 3 million gallons a day to the City of Savage. Mr. Crooks presented the executive summary of the report from the groundwater model. He also said the Met Council and DNR's model has some inaccuracies. E. Water Connection Charges and Economic Development Mr.McNeilI discussed Sewer Availability Charges(SAC)and Water Availability Charges(WAC). Mayor Tabke said on the downtown corridor the water connection charges are a huge hurdle for getting restaurants and other small businesses in this area. Mayor Tabke asked if there was an opportunity for SPUC to defer water connection charges over a few years for new business. He also asked for Mr.Crooks to provide an overview of where water connection charges come from and how they are determined. Mr.Crooks said the water system is set up and to be funded by three charges;commodity water rate, which funds the operations of the system;trunk water charges,which is typically paid by a developers and that is to provide for a future grid system;and water connection charges which are paid as water services connecting to the system that funds the production,the storage and the treatment of the water system. Mr. Crooks also explained water connection charges are based on SAC units which is what the Met.Council determines to be what a typical residential home would use on that charge. The current SPUC policy states that the determination of SAC units for that property is determined by the Metropolitan Council the number of the water connection units. Presently the water connection charge is$4,738 per SAC unit,in 2014. Mayor Tabke discussed the problem with large WAC and SAC charges with regard to small business starting up. He's asking if there is a way to spread those charges out over time. F. Franchise Agreements with Other Utilities Mr.Crooks said that there are no franchise fees for electric utilities serving Shakopee. Power is provided by three different electric companies. In 2001 SPUC established a basis for the payment of an amount to the City which would be equivalent to a franchise fee on its electric services revenues, utilizing some of the factors under consideration by the City at that time. The City made the decision to not impose the proposed franchise fees with the other electric utilities, but SPUC continues to provide contribution to Shakopee. Mr.Crooks provided the history of the yearly contributions and the value of the fee services provided to Shakopee since 2000.Mr. Crooks is suggesting that the City reconsider imposing franchise fees. Mayor Tabke stated that he would like to add franchise fees to a future workshop. G. Utility Rates for Electric and Water Commissioner Mars stated that SPUC's water rates are some of the lowest among neighboring communities. He also said that the electric rates are somewhat more complicated than a simple comparative analysis. He discussed SPUC's rates in comparison to Xcel Energy rates are significantly lower. Another comparison is SPUC's rates within Minnesota Municipal Power Agency. SPUC rates are competitively even with having the same wholesale company. Moved by Kathi Mocol and seconded by Matt Lehman to recess for a break. Vote: Motion carried 5-0. 8. Workshop Discussion A. Revisions to City Code Section 11.60, Subdivision 9,Tree Managment Regulations-Ord.No. 883 (A,B)(Tabled from April 15,2014). Jacob Busiahn,Natural Resources Technician stated at the April 15th meeting,several members of the City Council indicated that their main concern regarding the proposed text amendment was how it pertained to commercial/industrial properties.The original tree management ordinance was established to manage the woodlands within in the City as development happened.This included both residential and commercial/industrial. It was also established to make sure developers would consider the natural areas of the sites when developing.When reviewing the applicability of the ordinance to commercial/industrial two questions should be considered: 1)for commercial/industrial zoning,is some woodland preservation in the best interest of the city,and 2)what is the proper role of the City in managing the community's natural resources? The Council also had questions regarding the financial security,and the requirement for a tree inventory. The purpose of the financial security is to give the City some recourse if a developer or builder does not replace trees after clearing them as required by ordinance.A portion of the financial security is typically kept for two years to assure the required plantings are kept in good health during the establishment period. The purpose of the tree inventory is to determine what species and size of trees exist on the site,and if possible,to develop a site plan which works around some high priority areas. Exempt commercial/industrial from the Tree Management Regulations and increase landscaping required in Section 11.60 Subdivision 8. •Does not require an inventory or financial security(financial security would be required as part of the landscape requirements). •Leaves the City with no recourse when woodlands are cleared and a developer sells the site (which is why the moratorium was put in place in March 2013). •A builder will not have an opportunity to save trees if the developer decides to clear the land while platting. •Could create sites with all of the landscaping is in one area of the site,instead of screening roads and buildings or evenly dispersed through out site. •City is not informed when or how woodlands are being cleared. •Does not stop clear cutting of sites without replacement. Mr.Busiahn provided a general overview of the proposed ordinance,as well as the proposed ordinance in its entirety with more clarification has been added to the tree inventory requirements in the proposed ordinance since the April 15th meeting. Council also asked staff to bring back two choices: 1.Exempt commercial/industrially-zoned properties from the provisions of the tree management ordinance. 2 Exempt commercial/industrially-zoned properties from the provisions of the tree management ordinance but exempt commercial/industrial to a certain point. Bring back options for Council to consider, including if the developer wants to save trees,those would be applied to the end-users landscaping plan as credit. Also consider changing the percentage of trees which are permitted to remain,and address changes in quality of trees. Moved by Matt Lehman,seconded by Kathi Mocol Tabled to May 20,2014. Vote: 5-0 Carried B. Revisions to City Code Section 11.60, Subdivision 8,Landscaping Requirements-Ord.No. 884 (A,B)(Tabled from April 15,2014). Mr.Busiahn said on March 20,2014,a joint meeting was held between the Economic Development Advisory Committee(EDAC)and the Planning Commission to consider proposed revisions to the Landscape Requirements. The Planning Commission reviewed the revisions again on April 3rd. He discussed the current landscaping requirements and the proposed amendments as recommended by the Planning Commission. Moved by Matt Lehman,seconded by Kathi Mocol to table to May 20,2014. Vote: 5-0 Carried C. Natural Resources Corridor Design Criteria Amendment-Res.No.7442(Tabled from April 15, 2014). Mr.Busiahn said that in order to make the Natural Resources Corridor Design Criteria(NRCDC) consistent with the proposed amended, Tree Preservation Requirements(Sec.11.60 Subd. 9)sections 1 and 4 of the NRCDC must be updated with amendments to the definitions,tree replacement requirements,allowable tree removal,and requirements to the tree preservation plan. Moved by Matt Lehman,seconded by Kathi Mocol to table to May 20,2014. Vote: 5-0 Carried D. Presentation of City Staff Six Month Special Projects and Initiative Plan. Mr.McNeill said at the April 29th Workshop meeting,Council passed motion directing Staff to bring in a one-page six month work plan for all departments. He said that rather than a work plan,staff titled this "Special Projects and Initiatives".What staff understood Council wanting to do was to see what"other"items are anticipated over the next six months.For that reason,staff looked at what special projects,and additional work might be performed during that time. Mr.McNeill provided council with a copy of the special projects. Moved by Kathi Mocol,seconded by Jay Whiting moved to adopt the Special Projects and Initiatives document for June-December 2014. Vote: 5-0 Carried 9. Adjourn to May 20,2014 at 7:00 p.m. Moved by Kathi Mocol,seconded by Mike Luce Vote: 5-0 Carried Julie A Linnihan Finance Director/City Clerk cif y i -7" Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE MINNESOTA May 20,2014 1. Roll Call Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting;Councilmember Kathi Mocol;Councilmember Mike Luce Staff City Administrator Mark McNeill;Assistant City Administrator Kris Wilson; Community Present: Development Director R. Michael Leek;Public Works Director/Engineer Bruce Loney;Finance Director/City Clerk Julie A Linnihan;Police Chief Jeff Tate;Parks,Recreation&Natural Resources Director Jamie Polley;Fire Chief Rick Coleman;City Attorney Jim Thomson;Natural Resources Technician Jacob Busiahn 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol Vote: 5-0 4. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion.Those items removed will be considered following the Public hearing portion of the agenda.Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) The following was added to the Consent Agenda: 10.D.1,Consideration of a Scott County Community Development Agency Economic Development Incentive Grant Application-Res.No. 7451; 10.E.1,Authorization to Promote to Project Coordinator; 10.E.2, "Trade Time for Fitness" Employee Benefit Program. The following was removed from the Consent Agenda: 4.A.1, Text Amendment to 11.70 Regarding Signage and Flags-Ordinance No. 888;and Amending the City's Social Media Policy- Res.No. 7453. Moved by Councilmember Matt Lehman, seconded by Councilmember Jay Whiting Vote: 5-0 A. Community Development 1. Approval of the Resolution to amend 11.70 Signs,Subdivision 4. This item was removed from the Consent Agenda. Staff has received several questions regarding corporate flags on new sites throughout the community. The definition of"signs" in Chapter 11,Zoning,currently includes corporate flags This amendment would include corporate flags as unregulated signs so long as they are displayed in conjunction with national or political subdivision flags and are limited in size. Cncl.Lehman asked if corporate entities still need to follow flag etiquette.Mr. Leek said corporations still need to follow national flag etiquette. Cncl.Lehman also asked if this amendment could wait until the revised sign ordinance is adopted. Mr.Leek said that staff felt that having an identifying flag as part of an entry feature is reasonable so long as it was fairly limited. Mr.Leek said that the current sign ordinance is being reviewed by the Chamber of Commerce. They plan on devoting their entire meeting next month to the review of the policy. Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol to approve of Ordinance 888 Amending City of Shakopee Code 11.70 Signs. Vote: 5-0 2. Vacation of Right-of-Way for Fairhaven Drive and Drainage and Utility Easements-Res.No. 7452 (F) Offered Resolution No.7452,setting the Public Hearing date for Vacation of Right-of-way and drainage and utility easements(Motion carried under the Consent Agenda) B. Police and Fire I. Declare Three Forfeited Vehicles as Surplus Property. Moved to declare the 1999 Chrysler Sebring,VIN: 3C3EL55H3XT554613,the 2002 Chevrolet Silverado,VIN: 1GCEK19V42E271122 and the 2005 GMC Yukon XL,VIN: 1 GKFK66U45J245844 as surplus property.(Motion carried under Consent Agenda) C. Public Works and Engineering 1. Award a Contract for the Lift Station L16&Forcemain Improvements Project No.2014-5-Res.No. 7450(D) Moved to approve Resolution No.7450,which accepts the bid and awards a contract for Lift Station L16&Forcemain Improvements,Project No.2014-5 and includes a contingency amount equal to 5%of the contract to cover minor change orders and quantity adjustments that may occur on the project. (Motion carried under the Consent Agenda) 2. Purchase of Small Motor Grader(E) Moved to approve the purchase of one new Motor Grader for the price of$134,110.00 including trade from Ziegler Inc.with the funding to be expended from the Capital Equipment Internal Service Fund.(Motion carried under the Consent Agenda) 3. Purchase of Two 4x4 pickup Trucks with Plows(E) 1.Moved to authorize the purchase of two new Pickup Trucks from Midway Ford for the price of $51,172.00 and two new plows and accessories from Aspen Equipment for$16,010.00. The funds to be expended from the Capital Equipment Internal Service Fund. 2. Moved to declare the following Pickup Trucks as surplus property for sale at auction: Vin# 1FTSF31L71EC69943;asset #733,vehicle# 161 and Vin# 1GCHK34F4WZ232344;asset#534,vehicle# 155. (Motion carried under the Consent Agenda) 4. Amendment to Extension Agreement for Additional Design Fees on the East Shakopee Industrial Sewer Improvements Project No.2013-4. (E) Moved to approve Amendment to Extension Agreement for Additional Design Fees of$52,000.00 on the East Shakopee Industrial Sewer Improvements Project No.2013-4. (Motion carried under the Consent Agenda) D. Personnel 1. Extension of City Administrator's Personnel Authority-Ord.No. 887(F) Offered Ordinance No. 887,Fourth Series;An Ordinance of the City of Shakopee Amending Shakopee City Code Section 2.06,Subdivision 5 Dealing with the Duties of the City Administrator. (Motion carried under the Consent Agenda) E. Parks,Recreation and Natural Resources 1. Authorization to Dispose of Surplus Property from Enigma Teen Center(F) Moved to declare the listed stage sections as surplus property and authorize the appropriate staff to sell or dispose of listed items as warranted. (Motion carried under the Consent Agenda) F. General Administration 1. City Council Minutes from April 15,2014 and April 29,2014. (F) Moved to approve the City Council minutes from the April 15,2014 and April 29,2014. (Motion carried under the Consent Agenda) 2. City Bill List(F) Moved to approve the bills in the amount of$712,224.30 electronic transfers in the amount of$446,987.03 for a total of$1,159,211.33. (Motion carried under the Consent Agenda) 3. Amending the City's Social Media Policy-Res.No. 7453 This item was removed from the Consent Agenda. Ms. Wilson said the amended policy's primary changes are to lift the restriction on the public initiating posts on the City's sites. It also provides some parameters for the creation of individual professional accounts for specific City employees. This is intended to allow staff such more flexibility in how they utilize social media professionally. Lastly,the amended language provides for more interactivity with the social media accounts of other groups and organizations that operate in the same range as the City,like the County,Chamber of Commerce, School District,etc. Mayor Tabke feels the policy is to restrictive and doesn't allow for staff to engage in conversations via social media on their own private social media sites. He asked for Council's general thoughts about the City's social media policy. Cncl.Whiting would like to see more freedom for department heads and communications staff allowing more latitude with social media. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce Offered Resolution No.7453,a Resolution Amending Resolution No. 7072,a Resolution Adopting a Social Media Policy for the City of Shakopee,and move its adoption. Discussion followed. Vote: 5-0 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-(Limited to five minutes per person/subject.Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) Jordan Olson,249 Mound St.,said he was at Tradicion's restaurant and noticed several people driving in the area were being pulled over by the police. He asked why so many people were being stopped by the police. Mr. McNeill advised Mr. Olson that he would have Chief Tate contact him to discuss his concerns. 6. Public Hearings: A. Request consideration and approval of Resolution No. 7449,A Resolution Authorizing the Issuance, Sale,and Delivery of its Health Care Facilities Revenue Refunding Bonds(St.Francis Regional Medical Center), Series 2014,For the Benefit of St. Francis Regional Medical Center and Execution and Delivery of Related Documents. Open the Public Hearing. Moved by Councilmember Jay Whiting seconded by Councilmember Kathi Mocol Vote : 5-0 Julie Eddington of Kennedy and Graven said on October 6,2004,the City issued its Health Care Facilities Revenue Bonds(St.Francis Regional Medical Center), Series 2004 in the original aggregate principal amount of$51,520,000. Proceeds of the Prior Bonds were loaned to St. Francis Regional Medical Center, a Minnesota nonprofit corporation(the"SFRMC")in order to finance a portion of the capital costs of facility upgrades and improvements. Under the terms of the Loan Agreement, SFRMC will agree to pay the City's administrative conduit debt fee in the amount of$50,000 and the out-of-pocket expenses of the City with respect to this transaction. Each year the City has the ability to designate up to$10,000,000 in tax-exempt bonds as"qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code. In order to issue bank-qualified bonds,the issuer must not expect to issue more than$10,000,000 of bonds(other than private activity bonds that are not qualified 501(c)(3)bonds)in a calendar year. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Close the Public Hearing. Moved by Councilmember Kathi Mocol seconded by Councilmember Mike Luce Vote: 5-0 Offered Resolution No. 7449,A Resolution Authorizing the Issuance,Sale,and Delivery of its Health Care Facilities Revenue Refunding Bonds(St.Francis Regional Medical Center), Series 2014,For the Benefit of St. Francis Regional Medical Center and Execution and Delivery of Related Documents Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce Vote: 5 -0 7. Business removed from the consent Agenda will be discussed at this time. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Kathi Mocol,seconded by Councilmember Jay Whiting Vote: 5-0 9. Reconvene 10. General Business: A. General Administration 1. Council is asked to consider and accept the 2013 audit and accompanying reports,as presented by the audit staff from KDV. Ms. Linnihan said annually the City of Shakopee Finance staff and Kern,DeWenter&Viere(KDV) audit staff undertake an extensive audit process,beginning in December and continuing into April. The audit results,Comprehensive Annual Financial Report(CAFR)and accompanying data will be presented by Steve Wischmann, Government Audit Partner with KDV. Mr. Wischmann provided council with background in the audit process. He said they are issuing an unmodified opinion on the financial statements which is the highest level that can be issued. He discussed the Government Auditing Standard findings which include a material audit adjustment, lack of segregation of accounting duties,improving ice arena receipting internal control,improving community center receipting internal controls and following the fee schedule which was corrected from the prior year. Mr. Wischmann also provided Council a comparison overview of all City funds. Ms.Linnihan said a CAFR will be submitted to the Office of the State Auditor as well as the Governmental Finance Officers Association. Ms.Linnihan thanked the finance staff for all of the time and effort put in to the 2013 audit. Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol Move to approve the 2013 Comprehensive Annual Financial Report and audit findings and presentation. Vote: 5-0 B. Community Development C. Police and Fire D. Public Works and Engineering 1. Consideration of a Scott County Community Development Agency(CDA)Economic Development Incentive Grant Application-Res.No.7451 (D) This item was moved to the Consent Agenda. Offered Resolution No. 7451,a Resolution Authorizing the submittal of a CDA Economic Development Incentive-Corridor Readiness Grant Program Application.(Motion carried to the Consent Agenda) E. Personnel 1. Authorization to Promote to Project Coordinator(E) This item was moved to the Consent Agenda. Moved to authorize the promotion of Richard Thomson to the position of Project Coordinator with the Engineering Division of the Public Works Department,effective June 2,2014,with a starting wage of Step C of Grade 8($34.62 per hour)of the non-union pay plan, with eligibility for an increase to Step B after six months and subject to a one-year probationary period. (Motion carried under the Consent Agenda) 2. "Trade Time for Fitness" Employee Benefit Program(B) This item was moved to the Consent Agenda. Moved to authorize the proposed Trade Time for Fitness program for all benefits-eligible City employees,effective June 1,2014. (Motion carried under the Consent Agenda). F. Parks Recreation and Natural Resources 1. Revision to City Code 11.60,Subdivision 9,Tree Managment Regulations-Ord.No. 883. (Tabled from May 6,2014). Mr.Busiahn said this item was tabled by the City Council May 6th,2014 for further discussion on the applicability to commercial/industrial.The memo from the April 15, 2014 meeting highlights the other initial changes proposed to this ordinance. The revised Tree Management Regulations are proposed to address the goals which Mr.Busiahn summarized for Council. Currently the Tree Management Regulations apply to all properties within the City which contain three or more significant trees. Following what was the consensus of the City Council at the May 6th meeting,the ordinance is drafted so that commercial/industrial development is only subject to the Tree Management Regulations when it is within a Natural Resources Corridor,as defined on the Natural Resources Corridor Map.It would NOT apply to other commercial/industrially-zoned properties in the City. The Tree Management Regulations would still apply to all residential developments. Cncl.Lehman said that if an area is zoned commercial/industrial,we need to allow commercial/industrial to go there without a hardship. Cncl.Luce stated that because of housing developments south and east of town has provided more trees than there have been in the past. Steve Soltou,Shakopee Crossings,feels the Natural Resources map and design criteria is very complex and hard to follow. He agrees that the if an area is zoned commercial/industrial should be omitted from the ordinance. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to offer Ordinance No.883,An Ordinance of the City of Shakopee Amending Section 11.60, Subdivision 9 of the Shakopee City Code,Tree Management Regulations.Discussion followed. Cncl's Lehman and Luce said that property zoned commercial/industrial should be excluded from the ordinance. Cncl. Whiting believes the ordinance addresses Cncl's Luce and Lehman's concerns but if it's in the natural resources corridor have to utilize some of the different rules to protect the trees. He said the ordinance doesn't mean they can't take away trees but you do have to put back a certain amount of trees. Mayor Tabke said the bluff line needs to be protected. There has to be a mechanism to be able to protect it. Mayor Tabke asked what kind of ramifications there would be if some of the map was altered. Mr.Leek said that if that happened the City would not have coherent corridors either for trail development or for wildlife migration. The approach that is proposed is the application of the natural resources corridor criteria,they are not a part of the ordinance. That gives Council greater digression to consider options. Mayor Tabke asked for a vote on the motion. Vote: 3 -2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 2. Revisions to City Code Section 11.60, Subdivision 8,Landscapting Requirements-Ord.No. 884. (Tabled from May 6,2014) Mr.Busiahn said this item was tabled for further discussion at the May 6,2014 City Council meeting. City staff proposed amendments to improve the current Landscaping Requirements. The proposed amendments that are being brought forward were developed to meet the goals which he summarized. On March 20,2014,a joint meeting was held between the Economic Development Advisory Committee(EDAC)and the Planning Commission to consider proposed revisions to the Landscape Requirements.The Planning Commission reviewed the revisions again on April 3rd and gave its recommendation. The current landscaping requirements provide for the following: •Landscaping requirements are calculated based on gross building area alone.A portion of this required landscaping must be placed in parking areas of more than 50 parking spaces at a rate of one landscape island containing one tree for every 4,000 square feet of paved area in a parking lot.Islands are required to be curbed,and have a minimum size of 100 square feet, with islands 200 square feet in size or greater receiving a maximum of two credits per island. •Financial security for the required landscaping is 115%of the landscaping value,and is collected after the landscaping is installed.It is held in full by the City for the first year after planting. •Single family residential uses require one non-ornamental tree per lot,to be placed in the front yard. Mr.Busiahn also summarized for Council the proposed amendments,as recommended by the Planning Commission. Council had a long discussion about sidewalks in parking lots and tree spacing to be placed within 55 feet of each parking space. Mayor Tabke would like research done on parking lot design standards. Steve Soltou,Shakopee Crossings,does not agree with having trees in parking lots because it creates design,grading and drainage issues. The impact of the ordinance is the requirement for more land. He asked Council what they are trying to accomplish. Do they want commercial/industrial development or more costs,processes and regulations. John Mocol,local business owner,agrees with Mr. Soltou's statements. He also said the ordinance will have a financial impact on small business owners. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol Adopt Ordinance No. 884,An Ordinance of the City of Shakopee Amending Section 11.60, Subdivision 8 of the Shakopee City Code,Landscape Requirements with the modification that doesn't require trees every 55 feet. Discussion followed: Mr.Thomson,City Attorney,asked if Council wanted to include adding back in the requirement for one deciduous tree for each 4,000 square feet of parking. Motion by Councilmember Jay Whiting and seconded by Councilmember Kathi Mocol to amended his motion to include the language that was stricken. Jordan Olson,249 Mound St,expressed his concern about the landscaping ordinance and the restrictions it puts on developers. He also questioned if the Mayor should vote on this ordinance because he owns a landscaping business. The Mayor said he does not own a landscaping business but a consulting company. Mayor Tabke asked for a vote on the motion. Vote: 3 -2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 3. Natural Resources Corridor Design Criteria Amendment-Res.No. 7442(Tabled from May 6, 2014). Mr. Busiahn said the Natural Resources Corridor Design Criteria(NRCDC)was adopted into City Code(Section 12.24,Ord 798) on May 20,2008. The design criteria sets requirements for development within areas of the Natural Resources Corridor.The areas identified in the NRCDC include lakes and streams,wetlands,woodlands,upland vegetation,wildlife habitat,endangered and threatened species,steep slopes and bluffs,recreation,accessibility/infrastructure,and connectivity when designing a site. In order to make the NRCDC consistent with the proposed amended Tree Preservation Requirements(Sec. 11.60 Subd. 9),sections 1 and 4 of the NRCDC must be updated with amendments which Mr.Busiahn summarized for Council. Council asked for staff to work on updating the natural resources corridor mapping. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol offered Resolution No. 7442,A Resolution of the City of Shakopee Minnesota Amending Section 1 and 4 of the of the Natural Resources Corridor Design Criteria and move its adoption. Vote: 3-2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 11. Council Members'Reports On 04/24/14 Cncl.Whiting attended the Shakopee Diversity Alliance quarterly membership meeting. Mohamed Duale,Somali Cultural Liaison for the City of Eden Prairie presented to the group. On 5/01/14 he attended the Downtown flower basket fundraiser. On 05/02/14 and 05/09/14 he attended the SCALE meetings. The membership meeting had a presentation by Mystic Lake Casino Hotel regarding the SW Metro Joint Marketing Effort. Gary Shelton presented a strategic planning update and Clair Robling gave a preview of the legislative update. He attended the SPUC meeting on 04/21/14 which they discussed electrical service interruptions and recipients of scholarships. At the 05/19/14 SPUC meeting they reviewed the water policy manual. Cncl.Luce attended the school board meetings with nothing significant to report. He attended a meeting with Union Pacific representative along with Mr.McNeill and Mr. Loney.Discussion was held regarding a no whistle zone. Cncl.Mocol attended the Metro Cities annual meeting on 04/24/14. There was a presentation on how weather can affect the growth pattern of a city. 04/30/14 she attended the State of the State address. On 05/01/14 was the Chamber of Commerce Women's event and the flower basket fundraiser. On 05/02/14 she attended the SAC's gala event to raise money for tuition assistance. On 05/13/14 she attended the annual meeting for the Center of the American Experiment. On 05/14/14 she attended the Chamber of Commerce luncheon with an update from Representative John Kline. On 05/15/15 was the 31st annual Scott County Law Enforcement Memorial scholarship dinner. She thanked officers for their dedication to serve the community. Cncl.Lehman attended the Shakopee Derby Days meeting. They are looking for volunteers, donations,and sponsors. Their web site is www.shakopeederbyday.org On 5/9/14 Mayor Tabke and Samantha DiMaggio attended a Hamlin symposium on Economic Development. On 05/12/14 he attended the Regional Council Mayor's meeting. There was a presentation by Red Cross about readiness. Mark Ritchie presented on the World's Fair which Minnesota has a bid in for 2023 for the Worlds Fair coming to Minnesota. 12. Other Business Mayor Tabke asked if Council would be willing to exclude Council Member Reports from future agendas. He suggested including the reports in the Weekly Activity Packet and if a Councilmembers has an item they want to discussed,it can be talked about in Other Business in the Agenda. Council agreed to the proposal. 13. Adjourn to May 27th at 7:00 p.m. Moved by Councilmember Matt Lehman,seconded by Councilmember Mike Luce moved to adjourn to May 27,2014 at 7:00 p.m. Vote: 5-0 Julie A Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE MINNESOTA May 27, 2014 Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting;Councilmember Kathi Mocol;Councilmember Mike Luce Staff City Administrator Mark McNeill;Community Development Director R.Michael Leek;Finance Present: Director/City Clerk Julie A Linnihan;Economic Development Coordinator Samantha DiMaggio Attendees: Stacey Crakes,Leslie Vermillion,Deb Barber 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Kathi Mocol,seconded by Councilmember Mike Luce Vote: 5-0 4. Consent Business(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion.Those items removed will be considered following the public hearing portion of the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) Moved by Councilmember Matt Lehman,seconded by Councilmember Jay Whiting Vote: 5-0 A. Offer a motion to approve Resolution No.7448,a resolution approving a Conditional Use Permit for exterior storage,an Amendment of the Comprehensive Plan to guide this property for Industrial use,and Preliminary&Final Plat of Checkered Flag First Addition, as prepared. Moved to approve Conditional Use Permit for Exterior Storage,Preliminary&Final Plat of Checkered Flag Addition,and Comprehensive Plan Amendment. Also offered Resolution No. 7448, A Resolution Of The City Of Shakopee,Minnesota,Approving The Preliminary And Final Plat For Checkered Flag First Addition,A Conditional Use Permit For Exterior Storage,And An Amendment Of The Comprehensive Plan To Guide Property For Industrial Use,For Property In The Heavy Industry(I-2)Zone. (Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL(Limited to five minutes per person/subject.Longer presentations must be scheduled through the City Clerk.As this meeting is cablecast,speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) No one came forward. 6. Business removed from the Consent Agenda will be discussed at this time None. 7. Workshop Discussion A. First Stop Shop Customer Service Initiative Leslie Vermillion of Scott County stated that annually SCALE has an education module as part of the Transportation Economic Development(TED). The focus is on one of the elements of why the First Stop Shop(FSS)was created and customer service. Ms.Vermillion provided Council a background of SCALE and TED. The goal is education to further efficiencies and effectiveness in government with regard to land use and economic development. This year the focus is on Customer Service Strategy which is building on the First Stop Shop. Stacy Crakes,First Stop Shop,presented a brief history of SCALE and First Stop Shop(FSS).The goal of SCALE is to provide enough jobs for 50%of the resident workforce in Scott County by 2030. The primary areas of focus is creating a database,current pursuits,and customer service culture. She discussed the Carlson Project. The key focuses from business/broker feedback is transparencies and upfront information;partnering to get things done vs. strong arming or being an enforcer;and streamlining processes to improve the experience as people are completing projects. Ms.Crakes talked about a Customer Service Strategy Plan Carlson Recommendations are as follows: •Establish Cultural Expectations For County Customer Service •Optimize Customer Service Within Each City •Establish Routines For Continuous Customer Service Excellence Carlson team suggested workshops. Three SCALE Leadership Workshops,three City Workshops and one SCALE annual review and planning workshop. Deb Barber,EDAC member and FSS Advisory Committee Member,discussed the customer service strategy plan and missions statement. Also discussed were, SCALE's customer service values and strategies. Ms.Crakes discussed various various upcoming workshops that would include cities in Scott County. Council was supportive of proceeding with First Stop Shop customer Service Initiative. Council also asked that Shakopee Public Utilities Commission be a part of the customer service training. 8. Adjourn to Joint School Board and City Council meeting at 7:45 Moved by Councilmember Matt Lehman, seconded by Councilmember Jay Whiting to adjourn to Joint School Board and City Council Meeting. Vote: 5-0 Julie A Linnihan Finance Director/City Clerk K Weckman Recording Secretary TENTATIVE AGENDA Shakopee City Council Workshop 7:00 p.m. May 27,2014 LOCATION Council Chambers City Hall 129 Holmes Street South Shakopee Mission Statement The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. Mayor Brad Tabke presiding 1) Call to Order(Board Chair,Mayor)at 7:45 p.m. Present: Mayor Brad Tabke;Councilmember Matthew Lehman;Councilmember Jay Whiting; Councilmember Kathi Mocol;Councilmember Mike Luce Staff Mark McNeill,City Administrator;Kris Wilson,Assistant City Administrator;R.Michael Present: Leek,Community Development Director;Bruce Loney,Public Works Director/Engineer;Jim Thomson,City Attorney;Jeff Tate,Police Chief;Jamie Polley,Parks,Recreation&Natural Resources Director;Rick Coleman,Fire Chief;Julie A Linnihan,Finance Director/City Clerk Attendees: Mary Romansky,Chuck Berg,Reggie Bowerman,Angela Tucker,Matt McCann,Shawn Hallet,Scott Swanson,Dr.Rod Thompson,John Janke 2) Roll Call(School Board,City Council) 3) Introductions 4) Discussion Items: A) Discussion of Creation of Youth Task Force 1) Youth Councils Memo Mr.McNeill said that staff was asked to do some research on Youth Councils. Youth Councils are used throughout many communities in Minnesota with each specifying different roles and responsibilities of the council.Every community that reviewed provided the teens with the opportunity to develop the goals and responsibilities of the youth council. Staff looked at models in Inver Grove Heights,Brooklyn Park and Brooklyn Center. The teens involved organized their council into three sub-committees:Philanthropy,Data collection and Polling,and Partnership and Representation.The Council holds weekly meetings where discussion is had on teen related city issues and fund raising opportunities. A staff liaison was designated to be the mentor and facilitator for the teens'to ensure they are keeping on track and stay within reason of their capabilities.The staff member also holds another position in the city and devotes about 20%of time to the youth council. The youth council should be seen as a source of information and knowledge for the entire council and community.It would be appropriate to start at the beginning of the school year. Funding for these programs is done through grants,and youth council fundraising events to help finance the projects and activities the council deems necessary to pursue. Mr.McNeill asked Council and School Board if they would be interested in pursuing this program. Both groups agreed to move forward with the project. B) Discussion of School Resource Officers Mr.McNeill said the for years the school district and the City have a partnership for school resource officers(SRO). Currently there are three SRO positions that are currently funded. Questions have been raised that if there is an additional school building added,an additional officer would be needed. Funding for the position is an item that staff wants to make school board members and City Council aware prior to budget preparations begin this summer. Chief Tate stated that currently the Shakopee Schools fund 33.5%. When the partnership began over 15 years ago,the positions were also funded by grants. For the past several years there hasn't been grant funding and the City has absorbed more costs. Chief Tate provided comparison information from other cities who also have partnerships with schools for SRO's. Currently Shakopee schools contributes the least amount to officer's salaries for the SRO's in comparison to surrounding communities. Chief Tate advised the school board that the contribution formula will be looked at this budget cycle. C) Discussion of Facilities Mayor Tabke said there has been a significant amount of discussion regarding the need for facilities. As the community has grown,the discussion becomes much more immediate and necessary for everyone to figure out a way to address it together. He thinks this is a great way to work at this and make sure it makes sense for everybody in the community. Dr.Thompson stated that the school district recently went through a failed referendum. Dr. Thompson said there is an obvious need for space at the high school,there are a few different items that people in the community asked the school board as to why isn't the school talking to the City because it seems like there could be some economies with SCALE and or partnerships on certain facilities. From a school board standpoint they felt it was important to start the conversations with the City regarding partnerships. Cncl.Luce stated school and city buildings need to be looked at and be as efficient as possible to give the residents the best for their dollar. Greg Stoks,2118 Valley Creek Lane,stated that the failed school referendum should be the focus and not joint facility needs for meeting rooms and sports facilities. He feels that the joint meeting will be used as leverage by the school board to give an impression to the citizens that there is going to be a cooperation with the city to have joint facilities because the school board is going to have the referendum pass and these things are going to happen. Mr. Stoks said he would prefer that the City council focus working on city issues and the school board focus on their failed referendum and after the referendum is settled then the two entities could collaborate. A) Community Center Issues Dr. Thompson said there are some topics that citizens are asking about with regard to building a facility for another sheet of ice and other facility needs. Dr. Thompson said that a sheet of ice is their top facility priority right now. Julie Linnihan,Finance Director,shared information from Springsted,the City's financial advisers,regarding the options that are available to pay the capital costs of building an ice arena. •Option 1.Utilize existing cash which would require a majority vote of Council. •Option 2. General Oblication Bonds. •Option 3.HRA/EDA Lease Revenue Bonds,requiring majority vote of HRA/EDA and Council. •Option 4. Certificates of Participation(COPS),requiring majority vote of Council. •Option 5. Tax Abatement Bonds,requiring majority vote of Council. Any debt issue would need to be paid through an annual debt service levy. 1) Second Sheet of Ice Including Dry Land Training Facility and Locker Rooms Dr.Thompson said a second sheet of ice in the district has been discussed for several years. What the district would be willing to do is increase the current lease from$50,000 a year to $100,000 a year for 10 years if the city would provide a second sheet of ice. He said there is a need for dry land training and locker rooms. Cncl.Whiting thinks building a second sheet of ice could be achieved without going to a referendum by leases from various organizations and sponsorships. Schoolboard Member, Chuck Berg, said a second sheet of ice is a need. Cncl. Lehman could see the City offering the location and part of the existing infrastructure and some of the operations expenses. He does not see the City funding a large portion of a second sheet of ice. He would only support a referendum so the community could vote if the second sheet of ice is a need or not. Cncl. Mocol requested that the City,the school board and their action team participate in a joint study for facility needs throughout the community. Cncl.Lehman,and Mocol volunteered to be a part of the committee as well as Shawn Hallett and Mary Romansky from the school board. Mayor Tabke asked that Mark McNeill and Dr.Rod Thompson organize a meeting and facilitate. 2) Gymnastics--Year-round Training Facility,Toddler to Varsity Community Programs The school district is in the process of surveying all of the students from grade 6 thru 11 and asking them what are some of the activities,athletics,clubs and music things that they want to be a part of. The reason for gymnastics is that in the school's new conference, South Suburban Conference,there is a conference for gymnastics which Shakopee doesn't offer at this time. Over 300 females said they were interested in participating in gymnastics. He stated with interest in the community for the sport,it becomes a year round facility. If there was a junior varsity and varsity team,some of the competition could be held in the facility. He said it would make sense for the city and school district to partner in a facility for gymnastics. 3) Senior Residents Needs Dr.Thompson discussed reasons why there is a need for a facility for senior citizens. B) Multi-sport Turfed Community Fields Dr.Thompson discussed the needs for turf fields since LaCrosse has been added. He also said there is also a growing need for for turf fields for curricular and extra-curricular programs. From a community standpoint,the Council might be interested in having some kind of a plan with the school district for a joint commitment for turn fields. C) Multi-sport Community Field House/Indoor Track and Fitness/Wellness Center The school district has heard from people who visit from other towns or people who have moved here that the current community center doesn't meet their needs. At the last action team meeting the concept of having one major campus for academics and then create a multi-sport area was discussed. The opportunity for the city to partnership in this concept would help the needs of the community. Dr.Thompson said these are ideas that have been brought forward. D) Discussion of East/West Junior High Pools Usage Dr.Thompson discussed the pools at the East and West Jr.High schools and the vested interest that the City has in them because of swimming programs offered by the City. Ms.Polley discussed the current agreement with the school for the use of both pools. She also discussed programming limitations for other swimming class opportunities the City doesn't have its own pool. E) Discussion of Future of Central Family Center Facility,Joint Administrative Offices Dr.Thompson discussed the future of the Central Family Center building. He discussed the current usage of the building which houses early childhood programs. He discussed the lack of space for these programs as well as the lack of space for the district office staff members. He questioned the viability of putting dollars into a building that is that old. To bring the building standard to current code would cost a lot of money in deferred maintenance. There was discussion of possibly share meeting spaces with the city for similar purposes that are not used at the same time such as boardrooms,meeting rooms,community rooms,etc. D) Post-secondary Educational Opportunities in Shakopee Dr.Thompson said that the school district has had conversations with SCALE and legislators to address the need for a post secondary education. Part of the exploratory process was asking all of the Scott County Superintendents and the boarding superintendents that if the legislator helped Shakopee get a post secondary sight on one or two of their campuses,would they write a letter of support. They unanimously said Shakopee would be an ideal location to host post secondary opportunities. Mr.McNeill said that Gary Shelton,County Administrator,was excited to learn that the school district is willing to partner with SCALE regarding post secondary needs. A future August meeting has been set up to include the school district. 5) Other Discussion Topics None. 6) Adjourn to City Council meeting on June 3,2014 at 7:00 p.m. Moved by Councilmember Matthew Lehman,seconded by Councilmember Kathi Mocol to adjourn to 7:00 p.m.on June 3,2014. Vote: 5-0 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL WORKSHOP SHAKOPEE MINNESOTA JUNE 3,2014 Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting;Councilmember Kathi Mocol; Councilmember Mike Luce Staff City Administrator Mark McNeill; Community Development Director R.Michael Leek;Finance Present: Director/City Clerk Julie A Linnihan;Economic Development Coordinator Samantha DiMaggio 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol Vote: 5-0 4. Consent Business(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered following the public hearing portion of the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) Cncl. Lehman asked to remove 4.C,Adjustment to Permit Fee for Water Softeners and Adjustments to Residential Building Valuation Table. Moved by Councilmember Matt Lehman, seconded by Councilmember Mike Luce moved to approve the consent agenda as modified with the removal of item 4.C. Vote: 5-0 A. Moved to authorize the approval of a variance to the existing fee schedule for Valleyfair reducing the 2014 fee for fireworks displays at Valleyfair from$1,200.00 to$500.00. (Motion carried under the Consent agenda) B. Approve Resolution No. 7454, a resolution which accepts the bids and awards a contract to S.M. Hentges&Sons,Inc. in the amount of$2,407,185.54 for the CSAH 17/Vierling Drive,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,approve a 5%contingency amount on this project for use by the City's Engineer in authorizing change orders or quantity adjustments on the project and approve an extension agreement with Bolton&Menk,Inc.on construction engineering services for this project. (Motion carried under the Consent Agenda) C. Offered and approve the fee schedule amendments outlined above and direct the appropriate amendments to be made to the 2014 Fee Schedule. Item removed from the Consent agenda. Cncl.Lehman had a concern about water softener permits increasing from$15 to$75. He also wants information regarding how the State of MN determines square footage costs. Mr.Leek asked that the item be removed from the agenda and brought back on 06/17/14 so staff can get the information requested by Cncl.Lehman. Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol moved to table to June 17,2014. Vote: 5 -0 D. Offered Resolution No. 7455 designating the polling places for Shakopee. (Motion carried under the Consent agenda) E. Moved to approve applications and grant off-sale,on-sale,3.2 percent malt liquor and Sunday intoxicating liquor licenses for 2014-2015. Waive the requirements of the City Code Section 5.02, subd. 9 for Global Restaurant Group,Inc. dba Dangerfield's Restaurant, Stonebrooke Golf Club LLC and Knight's of Columbus Home Association,Inc. (Motion carried under Consent agenda) F. Moved to approve the application and grant a temporary on-sale liquor license to the Shakopee Eagles Club for June 7,2014 at 220 West 2nd Avenue. (Motion carried under the Consent agenda) G. Moved to approve the bills in the amount of$1,016,701.40 electronic transfers in the amount of$533,821.82 for a total of$1,550,523.22. (Motion carried under the Consent agenda) H. Moved to authorize the replacement of the two tall drop slides at SandVenture Aquatic Park in the amount not to exceed$30,000.00. (Motion carried under the Consent agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk.As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) No one responded. 6. Business removed from the Consent Agenda will be discussed at this time See Consent agenda item,4.C. 7. Workshop Discussion A. Discussion of County Road 101/First Avenue Goals Laura Pecaut of Main Street Shakopee provided updates. She said that Shakopee will be the seventh designated Main Street Program in Minnesota,contingent upon breaking representation for the district into halves. After discussion,Council decided on the following actions: •Re-look at previous plans for downtown corridor. •Look at zoning changes as per development along Hwy 101. •Determine a plan for purchasing land for rehabilitation. •Residential rehabilitation program for 2015. •Look at requirements for sprinklers in existing buildings. B. Review of Idea Box Goals Mayor Tabke wanted Council to know that Idea Box items that come in will be included in the weekly Activity Report. Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol moved for a 10 minute recess. Vote: 5-0 C. Review,Discussion and Establishment of City Council Goals. Ms.Linnihan facilitated the discussion and confirmation of City Council Goals. Council reaffirmed previous goals. The goals are as follows: •Foster the creation of unique historic downtown corridor as a destination for economic viability and livability. •Follow consistent practices for consideration of economic incentives to provide opportunities to work in Shakopee •Plan for and adequately fund infrastructure and asset needs. •Create or amend City documents that are concise,use plane language,and are accessible to all. •Create efficiencies through a culture of technology and training,which expects continuous improvements and no less than the highest levels of customer service. Staff was asked to put the goals on the Consent agenda for consideration at the June 17,2014 meeting. 8. Adjourn to June 17,2014 at 7:00 p.m. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol moved to adjourn to 7:00 p.m.on Tuesday,June 17,2014. Vote: 5-0 Meeting ended at 10:12 p.m. Julie A Linnihan Finance Director/City Clerk ;r / i def :• Kim Weckman Recording Secretary 1 1 i 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE MINNESOTA June 17,2014 1. Roll Call Present: Mayor Brad Tabke; Councilmember Kathi Mocol;Councilmember Mike Luce;Councilmember Jay Whiting Absent: Councilmember Matt Lehman Staff City Administrator Mark McNeill;Assistant City Administrator Kris Wilson; Community Present: Development Director R. Michael Leek;Public Works Director/Engineer Bruce Loney;City Attorney Jim Thomson;Police Chief Jeff Tate;Finance Director/City Clerk Julie A Linnihan; Economic Development Coordinator Samantha DiMaggio 2. Pledge of Allegiance 3. Approval of Agenda Moved by Councilmember Kathi Mocol,seconded by Councilmember Jay Whiting Vote: 4-0 4. Consent Business-(All items listed in this section are anticipated to be routine.After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion.Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Mr.McNeill noted the updated memos on the table for items 4.F.2,Acceptance of the Downtown Flower Basket Donations-2014 Donations;Res.No. 7456,and 4,F.5,Adoption of City Council Overarching Goals,Nos.4 and 5. Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce as amended. Vote: 4-0 A. Community Development 1. Offer Resolution No.7457,a resolution approving the Preliminary and Final Plat of Dakota Highlands First Addition,subject to the conditions as presented.(Motion carried under the Consent Agenda) 2. Offered Resolution No. 7458,a resolution setting the public hearing date to consider the vacation of a drainage and utility easement. (Motion carried under the Consent Agenda) B. Police and Fire C. Public Works and Engineering 1. Moved to approve a motion determining the existing overhead power lines on CR 79 that are to be relocated on the mini roundabout project,shall be placed underground.(Motion carried under the Consent Agenda) 2. Moved to authorize staff to advertise for bids for the purchase of one new Air-boat and Trailer for the Fire Department.(Motion carried under the Consent Agenda) 3. Moved to approve the purchase of one new cab and chassis from Boyer International Trucks for the price of$70,690.90 and one new asphalt patching box with accessories,installation and trade from Ruffridge-Johnson Equipment Co.,Inc.for the price of$61,511.00.Funds for this purchase are to be expended from the Capital Equipment Internal Service Equipment Fund.(Motion carried under the Consent Agenda) D. Personnel E. Parks,Recreation and Natural Resources F. General Administration 1. Moved to approve the bills in the amount of$1,510,391.70 electronic transfers in the amount of$466,261.78 for a total of$1,976,653.48. (Motion carried under the Consent Agenda) 2. Offered Resolution No.7456,A Resolution of the City of Shakopee,Minnesota,accepting the cash donations for the 2014 Downtown Flower Basket Project,and to authorize a payment of $4055.91 to Earl Holasek Greenhouses.(Motion carried under the Consent Agenda) 3. Moved to not waive the monetary limits on the tort liability coverage for the upcoming League of Minnesota Cities Insurance Trust(LMCIT)property and liability insurance renewal.(Motion carried under the Consent Agenda) 4. Moved to approve the application,and grant a Taxicab Business License to Getahun Haile,257 Arabian Avenue East,for one vehicle. (Motion carried under the Consent Agenda) 5. Moved to adopt the following two additional overarching organizational goals: 2. Follow consistent practices for consideration of economic incentives to provide opportunities to work in Shakopee;4. Create or amend City documents that are concise,use plain language,and are accessible to all;5.Create efficiencies through a culture of technology and training,which expects continuous improvements and no less than the highest levels of customer service. (Motion carried under the Consent Agenda) 6. Moved to approve the various requests of the 2014 Shakopee Derby Days Committee,(Motion carried under the Consent Agenda) 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL-(Limited to five minutes per person/subject.Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast,speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) No one responded. 6. Public Hearings: A. Approval of Resolution 7459 with the conditions as presented. Moved by Councilmember Jay Whiting,seconded by Councilmember Mike Luce to open the public hearing. Vote: 4-0 Mr. Leek said the purpose of the vacation of the Right-of-way(ROW)along Fairhaven drive is to allow for Lot 6,Block 1 and Lot 9,Block 2 in Stonebrooke 4th addition to have better access to the roadway.Both lots are currently in the platting process to include additional road Right-Of-Way for Fairhaven Drive.This will straighten the roadway as proposed,and prevent the need for a temporary cul-de-sac easement. The purpose of the vacation of the drainage and utility easements is to increase the lot sizes of Lot 6,Block 1 and Lot 9,Block 2 in Stonebrooke 4th addition.Due to changes in City code for the setback from wetlands these lots became difficult to develop.The developer,Fritz Menden is currently undergoing the platting process to combine outlot M(as seen on the attached plat)to these lots increase their size and remove a small undesirable outlot from the plat. A portion of outlot M is also being dedicated to Fairhaven drive for further extension of the roadway. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Moved by Councilmember Mike Luce,seconded by Councilmember Kathi Mocol to close the public hearing. Vote: 4-0 Moved by Councilmember Kathi Mocol,seconded by Councilmember Jay Whiting to offer Resolution 7459,A Resolution Approving a Vacation of a Portion of Right-of-Way along Fairhaven Drive and Certain Public Drainage and Utility Easements in Stonebrook 4th Addition Plat with the conditions as presented Vote: 4-0 7. Business removed from the Consent Agenda will be discussed at this time None. 8. Recess for Economic Development Authority Meeting: Moved by Councilmember Jay Whiting,seconded by Councilmember Mike Luce to recess for the Economic Development Authority meeting. Vote: 4-0 9. Reconvene Mayor Tabke reconvened the meeting at 7:43 p.m. 10. General Business: A. Community Development 1. Discussion of Status of Transit Service Consolidation Talks with MVTA(D) Mr.Leek said in 2013,the Scott Transit Review Board,recommended,and the cities of Shakopee and Prior Lake agreed,that discussions about transit service consolidation should move forward with MVTA.To move these discussions forward a Technical Work Group(TWG)consisting of staff from the respective entities was established,as well as an Elected Work Group(EWG) consisting of members of the Shakopee and Prior Lake city councils and MVTA Board of Directors. Much of the discussion at these two committees has related to development of the consolidation agreement and amended MVTA JPA. Because of concerns about recent unilateral changes to the consolidation agreement and amended JPA,staff is not making a specific recommendation to the City Council at this time. There is no impact on the City's general fund from the proposed transit service consolidation.The impacts to the City's transit funds are outlined in the draft consolidation agreement. Negotiations are continuing over the numerous issues. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to direct staff to bring the consolidation agreement as presented or with revisions and amended MVTA JPA back to the Shakopee City Council for adoption in July. Vote: 4-0 2. Amendments to 2014 Shakopee Fee Schedule for a)building permits for water softeners,and b) adjusted construction valuations for calculating building permit fees. Mr.Leek said at the June 3,2014 meeting staff brought forward two proposed fee adjustments as a result of the Legislature repealing that provision of State law that restricted certain permits.On the adopted City Fee Schedule that affected the fee for water softener installations. The current fee is $15.00 plus a$5 state surcharge.The proposed fee is$75.00 plus the state surcharge.The concern expressed by Councilor Lehman is that the change represents a five-fold increase in the fee. That is the case,however,with the current$15.00 fee the City recovers only about 20%of the cost of administering these permits.Thus,the proposal is to increase the permit fee to$75.00 to cover the cost of permit administration. In addition,there was a question regarding the basis and/or methodology for calculating the square footage costs of the proposed amended table.Mr.Leek reviewed the Minnesota Department of Labor and Industry site,and found that the International Code Council's Building Valuation Data is used in calculating the values found in the table.These costs relate only to construction costs,and do not relate to any increase in assessed valuation that might result from improvements made to properties. Moved by Councilmember Jay Whiting,seconded by Councilmember Kathi Mocol to adopt the proposed Fee Schedule amendments as presented or with revisions. Vote: 4-0 3. Final Plat of Stonebrook 5th Addition-Res.No.7460(B,F) Mr.Leek said Fritz Menden,the property owner,has applied for Final Plat Approval of Stonebrooke 5th Addition.The Final Plat of Stonebrooke 4th Addition created existing lots. These lots are being converted and incorporating Out-lot M.Out-lot M was an unnecessary parcel and will allow these lots to be utilized to their fullest extent. This request is occurring concurrently with the Vacation of Right-of-way along Fairhaven Drive, and the standard drainage and utility easements created during Stonebrooke 4th Addition. Moved by Councilmember Kathi Mocol,seconded by Councilmember Jay Whiting to offer Resolution No.7460,a resolution approving the Final Plat of Stonebrooke 5th Addition with conditions,and move its adoption. Vote: 4-0 B. Police and Fire 1. Request from Daniel Wichmann to Bow Hunt on City Land(A) Chief Tate said last fall,Mr.Wichmann spoke with city staff inquiring if he could bow hunt for deer on city park land.City staff informed him that under Chapter 14 of the City Code,he could not hunt in this location.Mr.Wichmann asked if he could appeal to the City Council for a variance. Mr.Wichmann has asked to hunt on city park land behind his home on Eagle Creek Blvd.City Code prohibits hunting on park land.Furthermore,where hunting is allowed,the City Code requires a minimum of 40 continuous acres of land to hunt and requires hunters to be at least 500 feet from any building or public road.The property in question would not meet any of those requirements,as well. Cheif Tate said the police department receives complaints about hunting on land where City Code currently allows for it.He believes that if one person is given a variance,there will be several other requests that will follow. Daniel Wichmann, 8362 Eagle Creek Blvd.,asked Council to consider a permitting process to allow him to hunt on City park land. Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to deny his request to bow hunt on city park land. Vote: 4-0 2. Backyard Chickens,Ordinance No. 885. (A) Chief Tate said there have been multiple requests from Shakopee residents calling for an ordinance allowing for backyard chickens within city limits.The police department has reviewed several ordinances from metro cities as well as contacted those departments to determine what impacts allowing of these animals has had in terms of calls for service. If council chooses to allow the keeping of backyard chickens within the city limits,proposed ordinance amendment has conditions and restrictions that staff feel are in line with identified best practices. Chief Tate outlined the proposed ordinance amendment that would allow those who desire to keep up to five hen chickens on their property,provided they meet all conditions outlined in the ordinance.The ordinance also outlines minimum requirements for the coop structure and food storage. Cncl.Whiting asked Council to consider amending the ordinance to allow citizens to keep chickens in their garage. Cncl.Mocol and Cncl.Luce disagreed with Cncl.Whitings request. Moved by Councilmember Jay Whiting,seconded by Councilmember Mike Luce to adopt Ordinance 885,an ordinance of the City of Shakopee amending Shakopee City Code Section 10.22 pertaining to the keeping of hen chickens and authorize the publication of the approved ordinance summary. Vote: 4-0 3. Ordinance No. 886,Peddlers,Solicitors,and Transient Merchants.(A) Chief Tate said the police department responds to approximately 40 solicitor complaints annually. These complaints typically involve magazine sales or the conduct of the person selling door to door.To better deal with these complaints,the police department has done research into what other cities are doing with peddlers,solicitors,and transient merchants. He said the revised ordinance will require all peddlers,solicitors and transient merchants to come to the city in person,show a government issued photo identification,and completely fill out a permit application. These steps should allow us to know exactly who is in town and when they are here.Based on what we hear from other cities,this actually could limit the number of solicitor requests we get.Additionally,each person will be required to display their city issued permit at all time. Cncl.Luce asked that the City educate people as to their rights when dealing with door-to-door sales people. Chief Tate said he would create an FAQ and educate people through social media and the City website. Moved by Councilmember Kathi Mocol,seconded by Councilmember Mike Luce to offer Ordinance No. 886, amending Section 6.21 of the Shakopee City Code regarding Peddlers, Solicitors and Transient Merchants,and authorize the publication of the approved Ordinance Summary Vote: 4-0 Moved by Councilmember Kathi Mocol,seconded by Councilmember Mike Luce to offer Ordinance No. 889,amending the City's current fee schedule to include Transient Merchants. Vote: 4-0 4. Discussion of Unmanned Aircraft System Regulation. (A) Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol moved to postpone the discussion until Cncl.Lehman was present. Vote: 4-0 C. Public Works and Engineering D. Personnel E. Parks Recreation and Natural Resources F. General Administration 11. Other Business Mayor Tabke reminded Councilors to send Edna Nicholas any updates for the Activity Report. 12. Adjourn to June 24,2014 at 7:00 p.m. Moved by Councilmember Jay Whiting,seconded by Councilmember Mike Luce moved to adjourn to June 24,2014 at 7:00 p.m. Vote: 4-0 LG.GUP Julie A Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary