HomeMy WebLinkAbout4.F.2. City Council Minutes Consent Business 4. F. 2.
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Linnihan, Finance Director/City Clerk
DATE: 07/15/2014
SUBJECT: City Council Minutes (F)
Action Sought
Move to approve the minutes from June 24, 2014.
Attachments: 06-24-14 City Council Minutes
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
WORKSHOP SESSION SHAKOPEE MINNESOTA June 24,2014
Present: Mayor Brad Tabke;Councilmember Matt Lehman;Councilmember Jay Whiting; Councilmember Kathi
Mocol;Councilmember Mike Luce
Staff Assistant City Administrator Kris Wilson;Community Development Director R.Michael Leek; Public
Present: Works Director/Engineer Bruce Loney;Police Chief Jeff Tate;Parks,Recreation&Natural Resources
Director Jamie Polley;Fire Chief Rick Coleman;Finance Director/City Clerk Julie A Linnihan
1. Roll Call
2. Pledge of Allegiance
3. Approval of Agenda
Ms. Wilson advised Council there were several updates to the agenda. They are as follows:
•4.B,approval of Lease Agreement with Minnesota Department of Transportation for Park
Usage,Res.No. 7461.
•7.A,June 19,2014 Stormwater Event
•7.F,Review of Franchise Transfer Application from Comcast Corporation
•7.G, "Forget the Flood Friday"Authorization
Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol to approve the
agenda as amended.
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 Jay Whiting, seconded by Councilmember Matt Lehman to approve the
Consent Agenda as amended.
Vote: 5-0
A. Approve the Application for Temporary Liquor License for the Parish of St.Joachim&Anne(St.
Mark's Church)(F)
Moved to approve the application and grant a temporary on-sale liquor license to the Parish of St.
Joachim&Anne(St.Mark's Church), 350 South Atwood Street,for July 25th through July 27th,
2014.(Motion carried under the Consent Agenda)
B. Approval of Lease Agreement with the Minnesota Department of Transportation for Park Usage-
Resolution No. 7461 (D)
Offered Resolution No. 7461,A Resolution Approving a Lease Agreement with the Minnesota
Department of Transportation for Park Usage. (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 from the Consent agenda.
7. Workshop Discussion
A. June 19,2014 Stormwater Event.
Mr.Loney said on the morning of June 19,2014,the City of Shakopee experienced a severe rain
storm event.Most rain gauges indicated a 5.5"rainfall total and from most estimates was in a 3 to 4
hour period.
Previously,the area had experienced several inches of rainfall thus saturating the ground and filling
water bodies such as wetlands and ponds to their overflow levels.
From the extreme weather cycle which records indicate the wettest first months of the year,the City
experienced flooding in 7 areas:
1. Vierling Drive&Thistle Lane-flooding of intersection.
2. Patterson Drive-channel overflowed by adjacent house.
3.Blue Lake Channel south of Valley View Road-channel overflowed to the north flooding
Valley View Road.
4.Blue Lake Channel overflow down Independence Drive to Greenfield Pond then overflowed to
Wyndam Drive properties.
5. Channel overflow on Valley View Road west of Pheasant Run Street.
6. CR 16 channel overflow of Prior Lake channel damaging trails and roadways.
7.Boiling Springs Lane Pond overflow flooding residential properties.
Mr.Loney discuss options on improving the draining system:
1. Vierling&Thistle-staff will review the hydraulic model and see what improvements can be
made to the Upper Valley Drainage system.
2.Patterson Drive channel-a storm water project is included for 2015 for the area,which
includes this area.
3.Channel overflow on Valley View Road west of Pheasant Run Street-need to make
improvements on preventing debris from clogging pipe in Valley View Road.
4.Blue Lake Channel-a study was authorized by Council earlier this year and the study needs to
be completed with recommendations on improvements to be done.
5.Flooding in Wyndam Drive area-consider additional pipes in Greenfield Park or emergency
overflow pipe in Shakopee Gravel Mine.
6. CR 16 drainage-a new and larger culvert should be considered.
7.Boiling Springs Lake pond and wetland-the City has an agreement to connect to the Savage
Storm sewer system up to 4 cubic per second. Consider a 2015 storm sewer project to extend a
pipe to this area.
Staff will review the areas with Council and propose projects for the 2015-2019 CIP.
Rob Runchey, 1865 Wyndam Dr.,asked if the City is prepared if another rain event happens such as
an emergency response to place pumps in areas that are known to flood. Mr.Loney said that the
amount of water that collected in the Wyndam area was so great that pumps would not have helped.
He did say the City will be purchasing more pumps for future use.
Mayor Tabke said he's been getting a lot of questions about the Presidential streets area and the water
people have had in their basement. Some believe the water in basements is due to the street
reconstruction that was done in 2013. Mr.Loney said he has also received calls from residents in
this area. He does not believe the street reconstruction had anything to do with flooded basements in
the area but will continue to monitor the area. The City has received 21 inches of rain in the last two
months which is a historic event.
Cristeta Boarni, Shakopee Valley News,asked why the city did not call a state of emergency and
what the criteria is for calling a state of emergency. Chief Tate said that Scott County did declare a
state of emergency but Shakopee didn't because staff was able to handle the event. Chief Tate
explained the criteria of declaring a statement of emergency.
B. Presentation by the Shakopee Tennis Association on 3rd Party Assessment and Analysis(A&D)
Ms.Polley said on May 21,2012 the Park,Recreation Advisory Board(PRAB)held a work session
with the Shakopee Tennis Association(STA)to further discuss the proposal of an Indoor Tennis
Facility located on Shutrop Park.
The STA presented their preliminary plan but indicated that a more in depth review of the business
plan needed to take place.At that time the STA indicated that they would move forward with the
internal business plan study if the PRAB supported the idea of the facility and the Shutrop Park
location. The PRAB gave their support and the Tennis Association completed their internal review
of the business plan.
The City Council endorsed the concept of the Shutrop Park site as the location for the indoor tennis
facility through a letter of intent until a 3rd party assessment and analysis was completed. The
endorsement was good for up to one year. The STA's next step would be to hire a professional
fundraiser.
Kevin Hamlin&John VandeCastle, STA representatives addressed Council with the concept plan of
the proposed tennis facility. They said the STA hired Management Vision,Inc from New York,NY,
who said the facility is very feasible because it has no nearby competition. The market analysis
indicates a Positive Net Balance overall,with the demand side exceeding the supply. The entire
complex would cost about$16.5 million. The association would lease the land from the City for a
nominal fee. Once the complex is built,recreational users would pay a small yearly fee with a
discount for Shakopee residents. Mr.Hamlin said the association would expect to run the facility at
a slight loss the first year but with profits in years two and three. The studies included proposed
hours,court usage projections and proposed costs of lessons.
The STA presented the findings to the PRAB on June 9,2014. The PRAB voted 6-0 to recommend
to the City Council that the City further support the Shakopee Tennis Association in proceeding with
the indoor tennis facility project.
Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol to proceed with
the proposed Shakopee Tennis Association partnership on the Shutrup Park property. Discussion
followed: Cncl. Whiting asked if the STA wanted a time limit in the motion. Mr.Hamlin said that
he would like to work out an agreement with the City before they being fund raising.
Vote: 5-0
C. 2015 Budget Process Overview
Ms.Linnihan said the annual budget process was impacted by several major items due to changes in
the legislature such as sales tax and PERA changes. She then discussed legislative action that will
take place in 2015. A major change for 2015 budget preparation is the removal of the property tax
levy limits. The 2014 budget allowed a 3%cap on the preliminary and final property tax levy.As a
result,the General fund levy increase was limited to an additional$459,997. The debt service levies
were not restricted under the levy limits legislation. This allows the local governmental units to
establish the property tax levies. The sales tax exemption,which was partially enacted in 2014,has
been revised to allow for a broader interpretation of the exempt activities.
Regarding personnel,Ms. Linnihan said employee positions were added to the General fund and
Economic Development fund budgets in 2013 and 2014. The 2015 budget preparation will provide
for the personnel costs specific to these position additions.
The City's three union contracts have been settled for the years 2014,2015 and 2016. The benefit
costs specific to insurance will be estimated for 2015,but she anticipate single digit percentage
increases. The estimates for personnel related costs will be provided to departments. The 2015
budget will also allow for the full year costs of the newly created positions of 2013 &2014 or any
position upgrades per department.
With regarding transfers, she said in 2013 and 2014,the General fund budgets provided for a
specific transfer from the General fund to the Capital Improvement Project Fund(CIP). Ms.
Linnihan said the City has been increasing the level of this transfer for the specific projects and
recommends$1,000,000 for 2015. The establishment of this transfer will continue to allow the
Engineering staff to plan for the 5 year plans.
Ms.Linnihan said the most significant change that will be discussed during the budget process is
what Scott County has determined for the property tax values. The most recent data received from
Scott County states that the City will experience a roughly 13%increase in value from the prior
year.
The City currently has 9 outstanding debt service levies. The 2015 budget will provide a detail of
the status of the funds for Council review, and subsequent determination of the necessary 2015 levies.
Staff will continue to work closely with the Chamber of Commerce,the EDAC,developers, and
other government entities,and business partners,large and small,to provide for an economic climate
in Shakopee that will generate robust job and tax base growth.
Ms.Linnihan said the information she provided is to update Council on the budget process and no
action was needed at this time.
D. Early Retirement Incentive
Ms. Wilson asked Council to consider authorizing an early retirement incentive for employees that
meet certain eligibility requirements related to years of service to the City of Shakopee and
proximity to full-retirement eligibility. The proposed incentive will take the form of a combination
of severance pay and continue insurance contributions for a set period of time.
After discussion,Council agreed to move forward with an early retirement incentive program.
Moved by Councilmember Mike Luce, seconded by Councilmember Kathi Mocol to direct staff to
proceed to develop a formal Early Retirement Incentive program and bring back to Council for
review and approval in July, 2014.
Vote: 5-0
Moved by Councilmember Kathi Mocol, seconded by Councilmember Matt Lehman to take a ten
minute break.
Vote: 5-0
E. Discussion on Proposed Letter to be sent to the Union Pacific Railroad.
Ms. Wilson said that Cncl.Mike Luce has been involved with research regarding the establishment
of a Quiet Zone(QZ)in Shakopee. In order to create this "no train horn" designation from the
Federal Railroad Administration(FRA), it is likely that physical improvements will need to be done
to a dozen or more at-grade crossings in a section of tracks from generally from Sarazin Street,to
west of Rahr Malting. Financial participation is sought from the Union Pacific in order to make those
improvements.
Council was asked to approve a draft letter to be sent to the FRA with the additions to the letter that
including street closures and the affects to structure if the train speed is increased.
Moved by Councilmember Matt Lehman, seconded by Councilmember Jay Whiting to approve the
proposed letter to be sent to Union Pacific Railroad with additions to the letter to include street
closures and structural integrity with the increase of train speeds. Discussion followed. Cncl.
Whiting asked that the letter be signed by the Mayor and to include City Council members.
Vote: 5 -0
F. Review of Franchise Transfer Application from Comcast Corporation.
Ms. Wilson said that several weeks ago it was announced in the media that Comcast Corporation is
divesting itself of cable systems in Minnesota in order to strengthen its efforts to obtain FCC
approval for the purchase of Time Warner. Comcast is looking to transfer all of its cable franchise
agreements in the Twin Cities metropolitan area to a newly formed, independent company called
Midwest Cable,Inc. This new company will be partially owned by Charter Communications, a
cable company that serves many non-metro cities such as Rochester,Mankato, St. Cloud,Duluth,
etc. It is expected that Midwest Cable will enter into a contract arrangement with Charter to manage
the systems acquired from Comcast.
The City received the official notification and request to transfer the franchise. The City has 30
days to determine whether Comcast's application is complete and 120 days to review and make a
ruling on the application. The City's review is to determine whether Midwest Cable,Inc.has the
legal,technical and financial wherewithal to provide quality service to the City's residents.
This is a technical and highly specialized topic,which the City last went through in 2005 with the
transfer of our franchise from Time Warner to Comcast. Therefore, staff is recommending that the
City retain the services of Brian Grogen of the law firm Moss&Barnett to guide our review of the
transfer application.
The initial cost estimate from Moss&Barnett is a not to exceed amount of$7,500. Depending on
Comcast's level of cooperation,a larger amount could be needed before the review is complete. The
Telecommunications Division budget has only$3,000 allocated for attorney's fees,but additional
funds should be available in the larger Administration Department budget and/or the Council's
unallocated line.
Moved by Councilmember Matt Lehman, seconded by Councilmember Mike Luce to authorize the
appropriate officials to enter into the attached Engagement Agreement with Moss&Barnett for the
review of the cable franchise transfer application received from Comcast Corporation. To also bring
back the Telecommunications Advisory Board as necessary.
Vote: 5-0
G. "Forget the Flood Friday"Authorizations
Mayor Tabke would like to proposed a"Forget the Flood Friday"event Friday,June 27 from 5:00 to
8:00 p.m. in an effort to draw residents to the downtown area despite the flooding and bridge
closure, This would include the Fire Department using its hoses and equipment to create a
temporary"Splash Pad"for kids and families to play in. In order to facilitate this, 1st Avenue will
need to be closed from Holmes to Lewis and there will need to be no parking starting at 4:00 p.m. in
order to allow for set-up.
Secondly,Mayor Tabke suggested a temporary suspension of the City ordinance prohibiting
consumption or open containers of alcohol on City streets for this one block on this one evening.
Staff researched allowing beverages to be purchased from nearby bars and restaurants and carried
out into the street,but due to state liquor licensing laws and insurance issues for the establishments,
we are unable to make that option available given the short timeline.
There will be personnel costs to the Fire Department for staging this event. There may also be a
charge for the water used.
Chief Tate said that if alcohol is allowed,it would make it more difficult for the officers on duty.
Council agreed not to allow alcohol at the event on June 27,2014.
Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol to make a
motion to order no parking and authorize the closure of both lanes of traffic on 1st Avenue from
Holmes St.to Lewis St from 4:00 to 8:30 p.m. on Friday,June 27,2014. Discussion followed.
Cncl.Whiting is concerned about the perception this event is sending the the community. Cncl.
Luce is concerned about what will be used to block off the street during the event. Mayor Takbe said
the streets will be barricaded during the event.
Vote: 5-0
8. Adjourn
Moved by Councilmember Matt Lehman, seconded by Councilmember Mike Luce to adjourn to July
1,2014 at 7:00 p.m. in the Police Department Training Room.
Vote: 5-0
j
Julie A Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary