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HomeMy WebLinkAbout4.F.2. City Council Minutes Consent Business 4. F. 2. SHOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 10/21/2014 SUBJECT: City Council Minutes (F) Action Sought Move to approve the City Council minutes from October 7, 2014. Attachments: 10-07-14 Minutes OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE MINNESOTA October 7,2014 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;Public Works Present: Director/Engineer Bruce Loney;Finance Director/City Clerk Julie A Linnihan; Economic Development Coordinator Samantha DiMaggio;City Attorney Jim Thomson 2. Pledge of Allegiance 3. Approval of Agenda Mr.McNeill advised council that two items were added to the agenda. They are 10.C.3,Authorize Closure of Second Avenue from Atwood to Holmes and the crossings for Atwood,Fuller and Holmes Street and 10.C.4,Vierling Drive Temporary Connection from CR 69 to Taylor Street. Moved by Councilmember Jay Whiting, 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 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 advised Council that there was a wording update to 10.D.4,Restructuring of the City's Natural Resources Function. Cncl.Whiting asked for the removal of 4.C.4,Approve an Extension of Work Hours on CSAH 17/Vierling Dr. Cncl.Lehman asked for the removal of 4.F.7,Consideration of City of Shakopee and Metropolitan(MET)Council Sewer Availability Charges(SAC Credits for Badger Hill Brewing,LLC. Cncl.Lehman also asked to add to the Consent Agenda, 10.C.3,Authorize Closure of Second Avenue from Atwood to Holmes and the Crossings for Atwood,Fuller and Holmes Streets and 4.F.1,Authorization to Apply for Right-ofWay Permit from Scott County for Mural Project on the Support Wall of 1st Avenue Mini By-Pass. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Mike Luce to approve the Consent Agenda as amended. Vote: 5 -0 A. Community Development B. Police and Fire 1. 2015 Toward Zero DeathsTraffic Enforcement Grant,Res.No. 7492 (A) Offered Resolution Number 7492,A Resolution of the City of Shakopee,Minnesota,regarding participation in the Minnesota Department of Public Safety's 2015 Toward Zero Deaths Enforcement Grant,and move its adoption.(Motion carried under the Consent Agenda) 2. Declare Five Forfeited Vehicles as Surplus Property(F) Moved to declare the 2000 Pontiac Bonneville,VIN: 1 G2EX54K8Y4258119,the 2001 Infiniti I30, VIN:JNKCA31A21T018727,the 2002 Toyota 4 Runner,VIN:JT3HN86R020372177,the 2003 Chevrolet Silverado,VIN: 1GCEK19T73E289386,and the 2011 Infinity G37,VIN: JN1CV6AR1BM353263 as surplus property. (Motion carried under the Consent Agenda) C. Public Works and Engineering 1. Declare Amounts and Set a Public Hearing Date for Valley View Road Improvements,Project No. 2012-7,Res.No. 7489(E) Offered Resolution No. 7489,a resolution declaring the costs to be assessed,ordering the preparation of proposed assessments and setting a public hearing date for the Valley View Road Improvements,Project No.2012-7. (Motion carried under the Consent Agenda) 2. Declare Amounts and Set a Public Hearing Date for the 2014 Street Reconstruction Project,Project No. 2014-1,Res.No. 7490(E) Offered Resolution No. 7490,a resolution declaring the costs to be assessed,ordering the preparation of proposed assessments and setting a public hearing date for the 2014 Street Reconstruction,Project No.2014-1. (Motion carried under the Consent Agenda) 3. Declare amounts and set a public hearing date for the Valley Park Business Center,Project No. 2013-6,Res.No. 7483 (E) Resolution No. 7483,a resolution declaring the costs to be assessed,ordering the preparation of proposed assessments and setting a public hearing date for the Valley Park Business Center,Project No.2013-6. (Motion carried under the Consent Agenda) 4. Approve an Extension of Work Hours on CSAH 17/Vierling Drive(D)-Item removed from the Consent Agenda Cncl.Whiting ask for the removal of this item from the Consent Agenda because he wanted to know if residents in the apattment complex near the construction site have been notified of the extended work hours. After some discussion, Council was in agreement with extending the work hours to get the project done. Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to approve a suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations,D,allowing nighttime work from 9:00 PM to 7:00 AM from October 13-October 31 to minimize traffic impacts and safety as authorized by the city engineer and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. Vote: 5 -0 5. Accepting Work on the 2013 Upper Valley Drainageway Improvement Project No.2013-7,Res.No. 7491 (E) Resolution No. 7491, a resolution accepting work on the 2013 Upper Valley Drainageway Improvement Project No.2013-7. (Motion carried under the Consent Agenda) 6. Accept Work on the 2014 Bituminous Overlay,Project No. 2014-2,Res.No. 7497(E) Offered Resolution No. 7497, a resolution accepting work on the 2014 Bituminous Overlay Project No. 2014-2. (Motion carried under the Consent Agenda) D. Personnel 1. Resolutions of Appreciation for Retiring Firefighters-Res.No. 7495,7496(E) Offered Resolution No. 7495,a resolution of appreciation to Marvin John Laeger,and Resolution No. 7496,a resolution of appreciation to David A.Klein,and move their adoption. (Motion carried under the Consent Agenda) 2. Adoption of Amendment to Section 125 Cafeteria Plan,Res.No. 7494(F) Offered Resolution No. 7494,a resolution amending Resolution No. 6743 adopting a Section 125 Cafeteria Plan for the City of Shakopee, and move its adoption. (Motion carried under the Consent Agenda) 3. Contract Renewal for MMUA Safety Program(F) Moved to authorize the appropriate officials to enter into the attached contract amendment for the continuation of OSHA compliance and safety services through the Minnesota Municipal Utilities Association. (Motion carried under the Consent Agenda) 4. Restructuring of the City's Natural Resources Function(E) Moved to adopt the revised job descriptions for the Natural Resources Technician,Parks and Recreation Director,and Public Works Director/City Engineer.Also,authorize the reassignment of the Natural Resources function to the Public Works Department,effective October 20,2014 (Motion carried under the Consent Agenda) E. Parks,Recreation and Natural Resources 1. Ordinance of the City of Shakopee Amending Shakopee City Code Section 10.21 Relating to Regulations Pertaining to Dogs and Cats-Ord.No. 894 Moved to adopt Ordinance No. 894,An Ordinance of the City of Shakopee Amending Shakopee City Code Section 10.21 Relating to Regulations Pertaining to Dogs and Cats. (Motion carried under the Consent Agenda) F. General Administration 1. City Bill List(F) Moved to approve the bills and electronic funds transfers in the amount$465,978.92 of payroll transfers in the amount of$1,868,473.13 for a total of$2,334,452.05. (Motion carried under the Consent Agenda) 2. City Council Minutes(F) Moved to approve the City Council Minutes from September 16,2014. (Motion carried under the Consent Agenda) 3. Amendments to Section 3.15,Collection and Disposal of Refuse and Recycling Materials-Ord.No. 893 (F) Moved to approve Ordinance No. 893,An Ordinance of the City of Shakopee Amending Shakopee City Code Section 3.15,Relating to the Collection and Disposal of Refuse and Recyclable Materials. (Motion carried under the Consent Agenda) 4. Premise Permit-Shakopee Eagles Club-Res.No. 7493 (F) Offered Resolution No. 7493,A Resolution of the City of Shakopee,Minnesota Approving Premises Permit for the Shakopee Eagles,and move its adoption. (Motion carried under the Consent Agenda) 5. Authorization to Proceed with IT Strategic Plan(C) Moved to authorize the expenditure of an amount not to exceed$19,500 from the IT Fund for an IT Strategic Plan to be developed by LBL Technology Partners. (Motion carried under the Consent Agenda) 6. Codification Service Agreement(F) Moved to approve a service agreement with American Legal Publishing Corporation,not to exceed the amount of$17,290, for the re-codification of the city code. (Motion carried under the Consent Agenda) 7. Consideration of City of Shakopee and Metropolitan(MET)Council Sewer Availability Charges (SAC)Credits for Badger Hill Brewing,LLC(D)-Item Removed from the Consent Agenda. Cncl.Lehman removed this item from Consent because he is not in agreement with approving 10 SAC credits to Badger Hill Brewing,LLC. Moved by Councilmember Matt Lehman, Seconded by Councilmember Jay Whiting to approve 5 SAC credits for Badger Hill Brewing,LLC. Discussion followed. Ms.DiMaggio explained the purpose of a the 10 SAC credit request. Vote: 1 -4 Opposed: Mayor Brad Tabke Councilmember Jay Whiting Councilmember Kathi Mocol Councilmember Mike Luce Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to approve the recommended 10 SAC Credits valued at$29,600 for Badger Hill Brewing,LLC. Vote: 4- 1 Opposed: Councilmember Matt Lehman 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.) 1.Nathaniel Dahlheim, 1970 Hilldale Dr.,appeared before Council stating the Shakopee Police had taken reports from him and his family about the contractors who were working on the adjacent Ryland Homes development,trespassing and littering on private property,but there has been no resolution. Staff advised Mr.Dahlheim that his concerns will be address with the Police Department. 2.Brandon Krumwiede,2075 Hilldale Dr.,appeared before Council representing several audience members. He submitted a petition showing 10 residents of Hilldale Dr who do not support the engineering report for street improvements. Staff advised the residents to appear at the scheduled public hearing scheduled in two weeks. 6. Public Hearings: None 7. Business removed from the Consent Agenda will be discussed at this time 8. Recess for Economic Development Authority Meeting Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to recess for an Economic Development Authority Meeting. Vote: 5-0 9. Reconvene Mayor Tabke reconvened the City Council meeting at 7:35 p.m. 10. General Business: A. Community Development B. Police and Fire C. Public Works and Engineering 1. CSAH 17 Reconstruction Project from Dominion Avenue to CSAH 42 Presentation John Schelkoph, Scott County Engineer presented Council with a CSAH 17 Phase II presentation. He said that County Highway(CH) 17 is a north/south minor arterial roadway with future guiding to a principal arterial in Shakopee. Traffic volumes have increased and are projected to continue to increase on the CH 17 corridor. In order to manage existing and future growth and traffic in the corridor,it is critical to develop a safe and efficient transportation system that balances mobility and property access. The proposed project is consistent with the design concept established in the 2009 CH 17 Corridor Study,and will complete the gap between two recent projects. The project will improve the safety and capacity of the north-south arterial highway by reducing access points,improving the Wood Duck Trail intersection by adding turn-lanes and adding capacity to serve existing traffic and expected growth. Final design of this project is nearly complete. An open house was held in June to provide local residents with an opportunity to review the preliminary design information and identify concerns and issues.Environmental review will be completed this winter and the right-of-way acquisition work has been underway for several months. The project is scheduled for construction in 2015. One of the main issues for Council to review is the acquisition of a lot on Heron Court and possible future extension of a local road for properties south. The CH 17 corridor study recommends local connections to support traffic movements adjacent to CH 17 corridor. The County has obtained Federal funds to construct the roadway segment and the project is on schedule to be built in 2015. Project was included in the 2015-2019 CIP. Current local City share is estimated out at$750,000.00 which will affect the CIF and Storm Drainage funds. Council was in agreement to move forward and no action was taken. 2. CSAH 16 Reconstruction Projects from Dean Lakes Trail to CSAH 21 Presentation(D) Andy Hingeveld,Scott County Engineer presented Council the project. He said County Highway (CH) 16 is an east/west A-Minor Arterial roadway that serves a reliever role to trunk Highway 169 in Shakopee and Trunk Highway 13 to Savage. With the expansion of CH 83,the completion of the CH 21 extension and continued development in the area,traffic patterns have adjusted,creating the need for additional capacity between these two roadways. The project is programmed for construction in 2016. This past year the County started the detailed design and engineering required to construct the four-lane segment between CH 83 and CH 21. The proposed CH 16 Project will reconstruct 1.7 miles of two-lane rural roadway to four-lane divided urban roadway with turn lanes,paved shoulders,and trails on both sides of the road. The roadway will be shifted to the south along the Dean's Lake neighborhood to convert a section of the existing CH 16/Eagle Creek Blvd into a local/frontage road and eliminate a number of direct private driveways to the CH 16. A project management team(PMT)was created and included staff from the City of Shakopee, SPUC, SMSC,and County. City-related design issues that have been evaluated included the design of the local/frontage road,aligning the north side trail along the local/frontage road to provide a better connection to the Dean's Lake neighborhood,construct a berm up to 6 feet in height along the majority of the frontage road segment,design and realignment of the McKenna Road intersection, size and design of storm water ponds and local cost participation of project. The project is expected to begin construction in Spring 2016 and be completed in the Fall 2016. The frontage road being turned back to the City is proposed to have curb and gutter on the south side to create additional area for a berm up to 6 feet.Also to allow the local trail to be located by the future local road allowing better access to the existing residents. The project requires significant right of way from the SMSC.Also,right of way is needed from the City on land purchased for future park purposes. The question of sewer and water being extended has been raised by some residents in the area.At the open houses,most of the resident are not interested in municipal sewer and water at this time. Much of the land adjacent to CSAH 16 is owned by the SMSC either in fee or trust. It is proposed to have the City of Shakopee pay for the entire local share per County cost participation policy. Staff has indicated to County staff that this is not acceptable and further negotiations need to occur between the County,City and SMSC. Current local City share is estimated at$1,800,000.00 which will affect the CIF and Storm Drainage Funds. Cncl.Lehman expressed concern about the benefit to the Tribe,and their cost participation. Mayor Tabke asked about the condition of pavement on County Road 16, east of CR 21. The County responded that improvements there will depend upon future development. Council agreed to move forward with the project. No action was taken. 3. Authorize Closure of Second Avenue from Atwood to Holmes and the Crossings for Atwood,Fuller and Holmes Streets-Item added to the Consent Agenda. Moved to authorize the closure of Second Avenue from Atwood to Holmes Street,and the vehicle crossings for Atwood,Fuller and Holmes Streets from October 18-21. (Motion carried under the Consent Agenda) 4. Vierling Drive Temporary Connection from CR 69 to Taylor Street(E) Mr. Loney said Scott County working with MnDOT is constructing a new interchange at TH 169& CR 69 which is opening soon.Part of the contract was to construct a temporary road connection on Vierling Dive though MnDOT property. The temporary road connection was to be removed at the end of the project per MnDOT. The City has been in negotiation with MnDOT for the purchase of parcels 37 and 43 which included the Vierling Drive right of way.Part of the negotiations was for consideration of leaving the temporary road connection in and for the City to take over the roadway responsibilities. The purchase agreement for parcels 37 and 43 has not been completed but an offer letter is expected soon and for Council consideration at its November 5th,2014 meeting. The purpose of this agenda item is for the Council to request from MnDOT and Scott County to leave the road in place and for the City to take over maintenance responsibilities. The cost of removing the temporary road connection in the contract is$12,406.00. The cost of constructing the temporary road connection was$67,040.00.MnDOT may want reimbursement of the initial construction but that is to be determined. Staff will be applying for Local Road Improvement Project funds for the permanent Vierling Drive connection and if successful,this could be a 2015 project. The City will be responsible for future removal costs and possible reimbursement costs to MnDOT. Moved by Councilmember Matt Lehman, Seconded by Councilmember Mike Luce moved to direct City staff to negotiate with MNDOT on keeping the temporary road that was used as an alternative route for their construction at no additional cost to the City. Vote: 5 -0 D. Personnel E. Parks Recreation and Natural Resources F. General Administration 1. Authorization to Apply for Right-of-Way Permit from Scott County for Mural Project on the Support Wall of 1st Avenue Mini By-Pass(A,D)-Item moved to the Consent Agenda. Moved to direct staff to apply for a right-of-way permit to Scott County,to allow for the painting of a mural on the north side of the First Avenue mini by-pass. (Motion carried under the Consent Agenda) 2. Adopt Ord.No. 895,An Ordinance of the City of Shakopee Amending Shakopee City Code Relating to Massage Therapy Businesses(A) Mr.McNeill said a local business which currently provides massage therapy services has contacted the City to request a change in City Code that would permit contracted massage therapists to perform off-site massages at business locations in the community. If approved,this would allow chair massages to be performed in Shakopee,for such things as wellness events. If the massage therapy business performs its services in other communities,it will need to comply with those local regulations. Moved by Councilmember Jay Whiting, Seconded by Councilmember Mike Luce to adopt Ord. No. 895,Fourth Series,An Ordinance of the City of Shakopee Amending Shakopee City Code Section 6.45 Subdivision 6,Paragraph A Relating to Massage Therapy Businesses. Vote: 4-0 Other: Councilmember Kathi Mocol(ABSTAIN) 3. Creation of a Bicycle Advisory Committee-Res.No. 7498 (F) Mr.McNeill said the City is planning to submit an application to become a Bike Friendly Community by February 1,2015. He said an advisory committee would be helpful when considering the issues which face cyclists on the City's streets and trails. This voluntary advisory committee would help to promote active living,and provide safe and accessible routes to cyclist for transportation and/or recreation uses. The Bicycle Advisory Committee(BAC)would meet periodically as needed to discuss policy and recommend city direction on issues relating to a bike friendly community. The committee would be responsible for focusing on five strategic areas relating to enhancement of bike amenities within the city. These strategic areas will contribute to the creation of a bike friendly culture in Shakopee. Membership would consist of five to seven members, depending on interest from the community. Selection would be similar to other advisory boards and commissions,with the City Council Interview Panel making a recommendation to the City Council for appointments. It is anticipated that this would be an ongoing committee. Initially,it is anticipated that the Committee would meet monthly,although the frequency could change later. It is recommended that this Committee be advisory to the PRAB,rather than directly to the City Council,due to many similarities of the"missions'of the PRAB and proposed BAC. The Council may choose,however,to make the committee directly advisory to the Council. The initial staffing support would be provided by Kyle Sobota of the Planning Division. The City's desire is to have this Committee begin serving in December,2014 to help review the Bicycle Friendly Community application. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol offered Resolution No. 7498,Establishing the Shakopee Bicycle Advisory Committee,to be advisory to the Parks and Recreation Advisory Committee. Vote: 4- 1 Opposed: Councilmember Matt Lehman 11. Closed Session--To Discuss Pending Litigation Moved by Councilmember Kathi Mocol, Seconded by Councilmember Matt Lehman to recess for a short break. Vote: 5-0 Mayor Tabke reconvened the meeting. Moved by Councilmember Jay Whiting, Seconded by Councilmember Kathi Mocol to go into closed session pursuant to MN Statute Sec. 13.D.05 Sub.Division 3 to discuss attorney/client matters relating to the pending eminent domain case between the City and Conklin Industries. Vote: 5 -0 Mayor Tabke reconvened the meeting and stated that no action was taken during the closed session. 12. Other Business Cncl.Whiting gave an update on SPUC billing issues. SPUC Commissioner Jordan Olson also commented. Cncl.Lehman discussed a parking issue on Dakota Street. He said that at Clifton Apartments they charge a parking fee for residents to park in the parking lot. This is forcing residents to park on Dakota Street, impacting the adjacent neighborhood. Staff was asked to contact Clifton Apartments to find a way to encourage people to park in the Clifton parking lot rather than on adjacent streets. 13. Adjourn to October 21,2014 at 7:00 pm Moved by Councilmember Mike Luce, Seconded by Councilmember Kathi Mocol to adjourn to October 21,2014 at 7:00 p.m. Vote: 5 -0 Meeting ended at 9:04 p.m. Julie A Linnihan Finance Director/City Clerk Kim Weckman Recording Secretary