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HomeMy WebLinkAbout4.F.1. City Council Minutes from April 7, and April 9, 2015 Consent Business 4. F. 1. SH, KOPEE TO: Mayor and City Council FROM: Lori Hensen, Deputy City Clerk DATE: 05/19/2015 SUBJECT: City Council Minutes from April 7, and April 9, 2015 (F) Action Sought Move to approve the minutes from April 7 and April 9, 2015. Attachments: April 7, 2015 April 9, 2014 DRAFT OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION LOCATION Council Chambers City Hall 129 Holmes Street South April 7,2015 SHAKOPEE MINNESOTA 7:00 p.m. 1. Roll Call 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; Present: Public Works Director/Engineer Bruce Loney;City Attorney Jim Thomson;Fire Chief Rick Coleman;Acting City Clerk Lori Hensen Attendees: Debbie Hendrickson,Mike Pfeiffer,William Rudnicki 2. Pledge of Allegiance 3. Approval of Agenda Ms. Wilson stated that Agenda Item 8.F.2. was removed. 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.) Cncl. Lehman and Cncl. Luce asked for the following items to be removed from the Agenda.4.A.2., Alternative Urban Areawide Review(AUAR)determination,Res.No 7569;4.C.2.,Adopt of Resolution Supporting Dedicated State Funding for City Streets,Res. No. 7564;4.E.1.,Quarry Lake Park Development Timeline Adjustment;4.F.4. ,Request to Rename County Road 83. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce to approve the Consent Agenda as amended. Vote: 5-0 A. Community Development 1. Resolution Designating Methods of Sanitary Sewer Service Repair-Res.No. 7562(E) Motion to Adopt Resolution 7562,A Resolution Designating Methods of Sanitary Sewer Service Repair. (Motion carried under the Consent Agenda) 2. Alternative Urban Areawide Review(AUAR)Determination,Res.No. 7569(B) Cncl.Luce stated that he is not in favor of using a code names and wanted the name of the company stated for the public.Mayor Tabke stated that the company was Amazon,and that the name had been discussed in a previous meeting. Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol to adopt Resolution No.7569,A Resolution declaring that an Update to the Final,Updated Alternative Urban Areawide Review(AUAR)for Shenandoah Business Park and Minnesota Valley West is not triggered by or required for the Distribution Facility proposed bounded on the North by CSAH 101,on the West by Shenandoah Boulevard,and on the South by Fourth Avenue. Vote: 5-0 3. Approval of Consultant for the Western Shakopee/Jackson Township Master Land Use Study(B) Moved to approve a motion authorizing the appropriate City ofcials to enter into a contract with Hoisington Koegler Group Inc/SRF Consulting Group for an amount not to exceed$73,700 for the preparation and the completion of the Western Shakopee/Jackson Township Master Land Use Study. (Motion carried under the Consent Agenda) B. Police and Fire C. Public Works and Engineering 1. Award a contract for the 2015 Bituminous Overlay Project No. 2015-2,Res.No. 7563 (E) Moved to approve a motion determining that the overhead power line along CSAH 17 be relocated and placed underground. (Motion carried under the Consent Agenda) 2. Adopt a Resolution Supporting Dedicated State Funding for City Streets,Res.No. 7564(E) Moved by Councilmember Jay Whiting,Seconded by Councilmember Kathi Mocol Cncl. Lehman expressed his opposition because the source of the money to increase funding for local road projects was not identified. Vote: 3-2 Opposed: Councilmember Matt Lehman Councilmember Mike Luce 3. Approval of County 17-32 Cooperative Agreement(D) Moved to authorize the appropriate city officials to execute the Scott County Construction Cooperative Agreement for the CH 17-32 Project. (Motion carried under the Consent Agenda). 4. Consider CSAH 17 Overhead Powerline Relocation to Underground(E) Moved to approve a motion determining that the overhead power line along CSAH 17 be relocated and placed underground.(Motion carried under the Consent Agenda) 5. Authorize the execution of a contract for the RFP Train Safety/Quiet Zone Study(A,D,E) Motion to authorize the appropriate city officials to execute a contract with SRF Consulting Group, Inc. for a Shakopee Train Safety/Quiet Zone Study.(Motion carried under the Consent Agenda) D. Personnel 1. Authorization to Hire Victim&Community Services Coordinator(E) Moved to authorize the hiring of Barbara Hedstrom for the position of Victim&Community Services Coordinator at Step C of Grade 5 of the City's non-union pay plan,subject to successful completion of the required pre-employment physical and psychological exam. (Motion carried under the Consent Agenda) 2. Memorandum of Understanding with Police Sergeants Union(E) Moved to authorize the appropriate officials to enter into the attached Memorandum of Understanding with Law Enforcement Labor Services,Local No. 279.(Motion carried under the Consent Agenda) E. Parks and Recreation 1. Quarry Lake Park Development Timeline Adjustment(A,B,D) Quarry Lake Park Development Timeline Adjustment. On December 16,2014 the City Council approved the final design for Quarry Lake Park and authorized the development of plans and specifications. The anticipated timeline for the construction of Quarry Lake Park bid the park project in March with construction starting in June of 2015. WSB&Associates,Inc.was retained to complete the final design,plans,specifications and bidding documents. Based on the complexity of the development of Quarry Lake Park,the number of partners involved and the timing of the construction bidding period,WSB and staff are recommending that the park project continue to be worked on and finalized for bidding to take place at a more appropriate bidding period. It is anticipated that the project will be bid in the late fall/winter of 2015 with construction to begin in early 2016. Cncl.Luce stated that he would like to see this project put on hold because of many other projects currently underway.Mayor Tabke replied that the memo states the project will be put on hold until 2016.Cncl.Luce stated that he would prefer to see the project put on hold for at least 2 years. Ms.Wilson stated that she need some clarification from the Council.Would they like WSB and the arhcitects that were hired to continue working on the plans and specs,or would the Council like to pause the work.Cncl.Lehman stated that he is fine with moving ahead with the planning and putting plans and specs together,but he would like to see the bidding put off for a while. Moved by Councilmember Matt Lehman,Seconded by Councilmember Kathi Mocol to support the new construction timeline for the development of Quarry Lake Park. Vote: 4- 1 Opposed: Councilmember Mike Luce F. General Administration 1. City Bill List(F) Moved to approve the bills and electronic funds transfers in the amount$1,050,293.00 and payroll transfers in the amount of$536,829.90 for a total of$1,587,122.90. (Motion carried under the Consent Agenda) 2. City Council Minutes(F) Moved to approve the City Council minutes from March 12,and March 17,2015. (Motion carried under the Consent Agenda) 3. Acceptance of Resignation&Appointment of New Civil Service Commission Member-Res.No. 7571 (F) Moved to approve Resolution No. 7571,a resolution appointing a member to the Police Civil Service Commission. (Motion carried under the Consent Agenda) 4. Request to Rename County Rd 83 (D) Bill Rudnicki,SMSC Tribal Administrator addressed the Council regarding a request to Rename County Rd 83. The Council received a letter from the Shakopee Mdewakanton Sioux Community (SMSC)requesting the renaming of County Road 83 south of Highway 169 to Mystic Lake Dr. and were asked to provide direction to staff regarding the desired next steps. Cncl.Lehman stated he would like more information regarding the purpose of the name change County Road 83 runs north and south through the cities of Shakopee and Prior Lake, intersecting with both Highway 169 and County Rd. 42 along the way. In addition to a road number assigned by the County,the road also carries a road name selected by the city. Currently County Road 83 is called Mystic Lake Drive south of County Rd.42(in Prior Lake)and Canterbury Road north of County Rd. 42(in Shakopee). The SMSC is requesting that the spot at which the road name changes be moved north to the intersection with 169. This would result in the road north of 169 remaining"Canterbury Road" and the entire road south of 169 being"Mystic Lake Drive." They note that this is an opportune time to consider the name change as the signage at the intersection of 169 and County Rd 83 will already be impacted by the addition of a third southbound lane leading up to the County Rd. 83 exit. Cncl. Luce questioned how the City will benefit from the name change. Mr.Rudnicki stated that he believes the City and the tribe will benefit from the change. Cncl. Lehman asked who will pay for the changes that will need to be made for the property owners along Co.Rd 83.Mr.Rudnicki stated that the SMSC will pay for changes relating to the name change. Ms. Wilson stated that staff is looking to determine if there is interest by the Council to move forward with working out the details that would be involved with a name change. Moved by Councilmember Kathi Mocol, Seconded by Councilmember Jay Whiting to direct staff to work with Scott County to identify the necessary actions to initiate a change to the road name, communicate the potential change of the road name to impacted property owners,and review at the City Council meeting to be held May 5,2015 Vote: 5-0 Discussion: Cncl. Lehman asked Mr. Rudnicki if the motion offered will address the urgency of the project. Mr. Rudnicki answered that he would update the contractor of the status. Mr. Tabke asked for confirmation that the project completion date was June 2015. Mr. Rudnicki confirmed. Cncl.Luce asked who benefited the most from the County Rd 83 improvements.Mr. Rudnicki answered that the tribe benefited,but he believes the City also benefited. Cncl. Whiting thanked the SMSC for their partnership on the 169 project and past projects. Cncl. Luce stated that he did not feel it was appropriate for Mr. Rudnicki to state that he felt as though he had to come to the meeting and beg for the name change,but the Council has steps it has to follow. Cncl.Lehman added that he agree's that there has been a regional benefit from the improvements made to Co.Rd. 83. 5. Notice of Intent to Consider Cable Franchise Application(F) Motion to direct staff to submit the attached Notice of Intent for publication to the City's official paper of record and to release the attached Request for Proposals. (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.) Bill Iverson, 1845 Countryside Drive,addressed the Council in regards to his views on the state of the City.Mayor Tabke thanked him for his thoughts and offered to set up up a time to meet to address his concerns. William Ridnucki,4121 Countryview Drive Eagan,also addressed the Council regarding his views on the State of the City. Jordan Olson,299 Mound Street,addressed the Council thanked Mr.Iverson for taking the time to bring his thoughts to the Council. 6. Public Hearings: 7. Business removed from the Consent Agenda will be discussed at this time See Consent Agenda items: 4.A.2.,4.C.2.,4.E.1.,4.F.4. 8. General Business: A. Community Development 1. Appeal of Board decision regarding approval of Conditional Use Permit for Northwest Asphalt Caselog#15-021 (B) Mr. Leek addressed the Council regarding an appeal of Board decision regarding approval of Conditional Use Permit for Northwest Asphalt Caselog#15-021. On March 5,2015,the Board of Adjustment and appeals approved a Conditional Use Permit Amendment request for Northwest Asphalt by Resolution No. PC 15-010. The amendment request involved increasing the amount of time Northwest Asphalt is permitted to crush concrete and asphalt material in a calendar year from 20 days to 60 days.No other conditions were requested to be amended. As stated,the Board approved the applicant's request with the addition of a condition regarding a water truck being on site during crushing to mitigate dust anywhere it is generated. On March 16,2015,Chris Anderson and Robert Kimmel(appellants),who own property adjacent to Northwest Asphalt on Maras Street,filed an appeal application appealing the Board's approval of the amendment. The reason for appeal given by appellants is that they believe the crushing operation has damaged their building,reduced their property value,and reduced the enjoyment of their property. The appellants also contacted an engineer to review the condition of their building.An Engineer's report on the inspection of the appellant's building is attached. The Engineer's report states that "upon our initial investigation,the crushing operation would not be suspect as the prime factor for the observed stress,but does appear to be advancing the stages of the structural issues."The report also states that additional testing may be completed during the crushing operation. The appellant submitted photos of Northwest Asphalt's building and in conversations with planning staff has stated that they believe that the crushing operation has damaged Northwest's building as well.Northwest Asphalt provided an Engineer's Report on the condition of their own building,which the Engineer found that the damage to their building is most likely attributed to water damage from freeze-thaw cycles and the pervious concrete block used to construct the building. Debbie Hendrickson and Mike Pfeiffer,Owners of Northwest Asphalt addressed the Council regarding the concerns presented in the appeal. Ms.Hendrickson stated that the height of the finished product piles never exceeds the 30 foot limit that the CUP requires. Cncl.Whiting asked if it was possible to move the crusher further away from the businesses in question.Mr.Pfeiffer stated that the crusher is positioned between the chunk pile and the finished product pile.He added that there are fuel pumps located nearby that would prevent the crusher from being located any closer. Cncl.Luce stated that he believes Northwest Asphalt is doing everything they can,and he does not think the building issues are being caused by the crushing.. Cncl Lehman asked staff what thecost would be to conduct a Vibration Evaluation. Mr. Leek responded that the City has never conducted one so he was not sure of the cost. Cncl.Luce stated that Kyle Sobota,a Senior Planner for the City was present during the crushing at Northwest Asphalt and he stated the the vibration was minimal.Mr. Leek verified that it was indeed Mr. Sobota's experience as he reported it. Mario Anderson,the appellant,was invited to address the Council.He stated that he believes the crushing is damaging his building,and that he has lost tenants due to the dust being created by the crushing. Cncl.Lehman stated he would like to move forward with the CUP as is with an added condition that Northwest Asphalt conduct a vibration evaluation test,and report the results.Mr.Thomson asked for clarification regarding the location that the test should be conducted.Cncl. Lehman responded that the test should be conducted at the appellants property while the crushing is happening.Mayor Tabke stated that there is an engineering report that states that the damage is not being caused by the crushing. Moved by Councilmember Mike Luce,Seconded by Councilmember Matt Lehman to approve Resolution No. 7570,which upholds the Board's decision to approve Conditional Use Permit Resolution No.PC15-010. Vote: 5-0 Discussion: Cncl.Lehman asked for permission to be present the next time crushing will take place.Ms. Hendrickson and Mr.Pfeiffer stated that anyone of the Council Members was welcome to be present, and the next crush should occur toward the end of May or beginning of June. B. Police and Fire C. Public Works and Engineering D. Personnel 1. Expansion of Civil Service Commission's Scope(E) Ms.Wilson addressed the Council and explained that Councilor Luce has requested that the Council consider expanding the scope of the City's Police Civil Service Commission to also encompass the Fire Department. State law allows cities to have a Police Civil Service Commission,a Fire Civil Service Commission,a joint Police&Fire Civil Service Commission or no Civil Service structure at all. The City of Shakopee has had a Police Civil Service Commission since September of 1948. The Commission is made up of three residents appointed by the City Council to rotating,three-year terms. The Commission is involved in the selection,discipline and,when necessary,removal of Police Department employees. Specifically,the Commission: 1. Directs the hiring practices of the Department,including authorizing postings to fill vacancies, approving the type,format and number of examinations and/or interviews that will be conducted and certifying an eligible register. 2.Establishes the minimum qualifications for each classification of employee within the Department,through the adoption and recommendation to the City Council of written position descriptions. 3.Hears disciplinary cases involving certain suspensions and/or terminations. However,this has been very rare in Shakopee as a majority of our Civil Service employees are also union employees. It is equally important to note what a Civil Service Commission DOES NOT do,including: 1. Decide exactly who gets hired. The Chief retains the authority to recommend for hire any of the top three candidates on the eligible register. 2. Determine the appropriate number or type of staff positions within the department. 3.Participate in establishing wage or benefit levels for Department employees. 4. Participate in establishing the Department's budget. 5.Participate in establishing Personnel Policies,hours of work, or standard operating procedures. Ms.Wilson explained that if If the Council is interested in expanding the scope of Shakopee's Civil Service Commission to be a joint Police&Fire Civil Service Commission,it should also be aware of the following: 1. Once a Civil Service structure is put in place it must be given authority over all positions within the Department in question. In the case of the Fire Department,this means Civil Service rules and regulations would not only govern hiring for full-time positions,but also for all paid-on-call firefighters. 2. If Civil Service were expanded to include employees of the Fire Department,the maximum probationary period allowable for any Fire Department employee would be 6 months. This would be particularly problematic for paid-on-call firefighters as they spend almost all of their first six months completing formal classes. In their first six months on the job,there is very little opportunity to observe new paid-on-call firefighter's skills and abilities in a real emergency setting. 3. Once put in place by the Council,a Fire Civil Service Commission may only be disbanded by a voter-approved referendum. (This is different than a Police Civil Service Commission which may be disbanded by referendum or by a unanimous vote of the City Council. After a brief discussion it was decided unanimously to table the issue indefinitely. Moved by Councilmember Matt Lehman,Seconded by Councilmember Mike Luce motion to table expansion of Civil Service Commission to include Fire Department indefinitely. Vote: 5-0 E. Parks and Recreation F. General Administration 1. Results of City Hall Feasibility Study(B) Bruce Schwartzman of BKV presented results of the City Hall Feasibility Study. In July of last year the City Council authorized the hiring of architectural firm BKV Group to conduct a City Hall feasibility study. The study was to look at the City's space needs now and into the future and estimate the costs of remodeling or adding on to the existing City Hall building versus constructing a new City Hall building attached to the Police Station. Mr. Schwartzman reviewed 4 options for City hall with the City Council,and gave a detailed description of each. Cncl.Mocol asked if there would be restrooms added to the plans on the second floor for Option C. Mr. Schwartzman answered that restrooms still need to be added to the plans. He added that there are also plans to add Mechanical and Archival storage on a third floor. Cncl.Lehman asked what the life expectancy of the building was,and how long it would be until the City needed to add onto it.Mr. Schwartzman answered that the plan was created with a 15 year projection,but it could easily be a 20-25 years. Cncl. Lehman stated that he is in favor of a one stop shop City campus,and he would like to move ahead with Option C. Mr. Schwartzman stated that all of BKV's current projects have come in on budget and he is very confident in the estimates for this project.He added that the State usually adds a 6%per year inflation factor to all projects,so the estimates received this year will be higher in 2016 and years after. Cncl.Lehman asked if there is a possibility of offsetting the 6%inflation by selling the current City Hall building.Mr. Schwartzman replied that he has not spoken to any local realtors about an estimate. He added that that State of Minnesota passed a statute that allows Cities and Counties working on construction projects a tax exemption on the building materials. Mayor Tabke asked the Council how they wanted to move forward. Cncl. Whiting stated that he agrees with Cncl.Lehman that Option C is the best option. Cncl.Luce also agrees that Option C is the best option,and added that the other options will be very disruptive to staff. Moved by Councilmember Jay Whiting,Seconded by Councilmember Matt Lehman Motion to select Option C—Construction of New City Hall adjacent to the Police Station and return for further discussion in July. Vote: 4- 1 Opposed: Mayor Brad Tabke Discussion: Cncl. Lehman asked to clarify that the Motion was a consensus for Option C. Cncl. Whiting confirmed. Mayor Tabke stated that he is not in favor of moving out of the current location. He believes that since the City is putting such an emphasis on the downtown area it would have a negative impact if City Hall moved. Cncl Lehman replied that he understands Mayor Tabke's concerns,but he believes that the City Hall needs to be centrally located to represent all areas of the City. 2. Transition to New Organizational Structure(E) Item was removed from Agenda. 9. Other Business 10. Adjourn to Thursday,April 9 at 7:00 p.m. at the Scott County Board Room. Moved by Councilmember Jay Whiting,Seconded by Councilmember Mike Luce to adjourn. Vote: 5-0 Lori Hensen Acting City Clerk Heidi Emerson Recording Secretary R A F TENTATIVE AGENDA Shakopee City Council Workshop 7:00 p.m. April 9,2015 LOCATION Scott County Board Room 200 Fourth Avenue West 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 Present: Mayor Brad Tabke;Council member Matthew Lehman;Councilmember Jay Whiting; Councilmember Kathi Mocol;Councilmember Mike Luce Staff Lori Hensen,Acting City Clerk Present: Attendees: Sharon Klump 1. Roll Call 2. Approval of Agenda Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce to approve the Agenda. Vote: 5 - 0 3. Workshop Discussion - City Administrator Search Ms. Klump discussed all of the candidates with the Council members in detail, and after much discussion the Council Members selected 5 finalists for the open City Administrator position. The finalists selected for first-round interviews are: #'s 3, 4, 5, 7 & 9 Jeremy Casper, 1931 Francis Court, addressed the Council to offer some suggestions in regards to the interview process. Cristeta Berini, Shakopee Valley News, asked whether the interviews would be done in a public setting. Mayor Tabke answered that the final interviews would be open to the public. Ms. Klump stated that she will provide a list of possible interview questions for the Council members to review. Cncl. Lehman asked for a list of questions that should not be asked during the interviews. Ms. Klummp said she would provide a list. 4. Adjourn to April 21, 2015 at 7:00 p.m. Moved by Councilmember Kathi Mocol, seconded by Councilmember Mike Luce to adjourn. Vote: 5 - 0 Lori Hensen Acting City Clerk Heidi Emerson Recording Secretary