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HomeMy WebLinkAbout5.F.2. Approval of Minutes: December 01 & 02, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 1, 2008 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Pat Heitzman, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V ox land, Finance Director; Dan Hughes, Police Chief; Rick Colemen, Fire Chief; and Judith S. Cox, City Clerk Joos/Heitzman moved to approve the agenda as presented. Motion carried 5-0. Mayor Schmitt stated that the only item on the agenda is the Truth in Taxation Hearing. Clay/Joos moved to open the Truth in Taxation hearing. Motion carried 5-0. Mark McNeill, City Administrator, addressed Council and the audience ofthe difficult financial decisions that went into the preparing the 2009 tax levy and budget. Mr. McNeill stated that with the down turn in the economy more adjustments will need to be made for the 2010 budget. Gregg Voxland, Finance Director, did a presentation which summarized the 2009 City of Shakopee Property Tax. Mr. V oxland stated that the County Assessor values all houses and properties in Shakopee. Residents can appeal what the Assessor values property typically in June. The value that the County Assessor assigns to each property is for taxes payable the following year. Mr. Voxland stated that this meeting is to focus on the City of Shako pee's share of property taxes. Mr. V oxland said the State Legislature assigns a tax capacity rate which is 1 % of the market value for residential property. The City then sets a dollar tax levy to be collected and the County Auditor spreads the levy to every parcel in the City. Mr, V oxland said that in 2008 the average value of a house in Shakopee had an Estimated Market Value (EMV) of$258,800 but the taxable market value or Limited Market Value (LMV) is $256,400. In 2009 the average EMV is $245,400 and the LMV is $244,900. In a chart showing the City Share of2008 propertytax dollars, Mr. Voxland stated that the school gets 27%, the County gets 35% and the City receives 34% percent and 4% to Other. Mr. Voxland stated that the Tax Capacity Rate in 2008 was 31.925 and in 2009 the proposed Tax Capacity Rate is 32.665. Mr. V oxland said that a house in Shakopee valued at $244,900 times the 2009 tax rate of .32665 including a homestead credit the total tax amount is $800.00. Mr. Vox1and also showed Shakopee's tax rate in comparison to six surrounding cities. Shakopee has the second lowest tax rate of the seven cities in Scott County. Mr. Vox land discussed 2009 Fiscal Disparities in comparison with other Scott County cities. Shakopee's fiscal disparities valuation is -$1,862,716. .' Official Proceedings of the December 1, 2008 Shakopee City Council Page -2- Mr. V oxland discussed the General Fund budget summary. He noted that total sources were up 6.6%, total uses were up 1.9% and there were staffreductions in the Police Department (2.75fte), Building Inspection (Ute) and Recreation (lfte). Mr. Voxland explained that the general fund revenues are collected by taxes, licenses & permits, inter-governmental, services, fines, and from the Shakopee Public Utilities Commission. Expenditures are grouped in broad categories of Police /Fire /Building Inspections (48%), Engineering/Street/Shop (16%), General Government (19%), ParklRecreation (16%), and Unallocated (1 %). Mayor Schmitt asked ifthere was anyone in the audience who wanted to comment on the 2009 budget presentation. Curt WaIor, 1017 Vista Ridge Lane, asked what cost cutting measures the City will be making in light of the economy. He said that his property taxes have increased over the past three years because his valuation has increased. He said now that the valuation has decreased he wants to know what steps the City will be taking to balance the budget in 2010. Mr. Joos explained market valuation and said that in May the Board of Appeals and Adjustment meets. Mr. Walor could appeal his valuation to that Board in May. Ross Wagener, 2072 Eaglewood Lane, asked what fiscal disparities is and why Shakopee has a negative balance in that area while the other Scott County cities have a positive balance. Mr. McNeill explained the history, reason and purpose of fiscal disparities. Mayor Schmitt announced that the tax levy and budget will be adopted during a hearing on December 16, 2008. Joos/Clay moved to close the public hearing. Motion carried 5-0. Lehman/Joos moved to adjourn to Tuesday, December 2,2008 at 7:00 p.m. The Council meeting ended at 8:05 p.m. ~JB;u J ClithS. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 2, 2008 Mayor Schmitt called the meeting to order at 7 :00 p.m. with Councilors Pat Heitzman, Steve Clay and Terry Joos present. Cnc1. Matt Lehman absent. Also present Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek Community Development Director; Bruce Loney, City Engineer/Public Works Director; Gregg V oxland, Finance Director; Dan Hughes, Police Chief; and Rick Coleman, Fire Chief. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda, Mark McNeill stated there were no additions or deletions to the agenda. Joos/Clay moved to approve the agenda, Motion carried 4-0. In the Mayor's Report, Mayor Schmitt said he had the opportunity to attend the Minnesota League of Minnesota Cities meeting with Mark McNeill. Mayor Schmitt also had the opportunity to accept a donation of furniture from Slumberland to the City for the Enigma Teen Center. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. No one responded. Joos/Heitzman moved to approve the Consent Agenda. Motion carried 4-0. Mayor Schmitt asked Mr. McNeill to read the Consent Agenda. Joos/Heitzman moved to authorize the Traffic Signing Policy update proposal by WSB & Associates, Inc. at a cost not to exceed $2,750.00. Also, moved to direct staff to consider a Traffic Safety Review Committee and bring back options to the City Council to consider. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the purchase of five full size police squads from Elk River Ford, Inc. in the amount of$119,856.72 in accordance with the State of Minnesota patrol car contract #439865. The funds to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the purchase of audio visual equipment from Tierney Brother Inc., as outlined in their proposal, or with any staff approved modifications, for phase 1, phase 3, and an equipment rack at a cost not to exceed $40,000 for Fire Station 1. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the appropriate City officials to enter into a Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $8,400.00. (Motion carried under the Consent Agenda) Official Proceedings of the December 2, 2008 Shakopee City Council Page -2- J oos/Heitzman moved to direct the preparation of a revised Environmental Assessment Worksheet (EA W) for Asian World Marketplace. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the hiring of probationary police officer Frank Coburn at Step I ofthe current labor contract contingent upon successful completion of the required pre- employment screening. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the bills in the amount of $493,204.08. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the minutes of November 3, 2008 and November 5, 2008. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the City Clerk to issue tobacco licenses for 2009, (Motion carried under the Consent Agenda) Joos/Heitzman moved to direct staff to advise those individuals whose terms are expiring on boards and commissions (who have not served three consecutive terms) that they are eligible for reappointment, and announced that the City will be advertising and accepting applications from Shakopee citizens for boards and commissions beginning in January. Applications may be obtained at the City offices during regular hours, can be mailed if requested, or obtained from the City's websit"e. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution Number 6835, A Resolution Amending Resolution No. 6700 A Resolution Adopting The 2008 Budget, and moved its adoption. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to be heard on a subject that was not on the agenda. No one responded. Joos/Clay moved to open the public hearing for the proposed 2009 Fee Schedule. Motion carried 4-0 Judy Cox, City Clerk, presented the Council with the 2009 Fee Schedule. Ms. Cox said the ordinance is for setting fees for licenses, permits, services, and documents for 2009, Ms. Cox highlighted the proposed fee changes in various Departments. Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Joos/Clay moved to close the public hearing. Motion carried 4-0. Joos/Clay offered Ordinance No. 810, Fourth Series, An Ordinance Setting Fees for City Licenses, Permits, Services and Documents, and moved its adoption. Motion carried 4-0. Mayor Schmitt asked for Council Liaison Reports. Cncl. Joos said he attended the Shakopee Public Utility Committee (SPUC) meeting. SPUC revised their fee schedule. SPUC is also trying out alternative street lights. An LED street light has been placed at 4th and Sommerville Official Proceedings of the December 2, 2008 Shakopee City Council Page -3- Street and an induction light has been placed at 4th and Spencer Street. Cncl.Heitzman said he attended the school board meeting. Cncl. Clay attended the Transit Review Board meeting. He said a land lease agreement has been drafted for the next park and ride, Cncl. Clay also said there has been some difficulty in getting Highway 169 designated as a transit corridor. John Peterson, Telecommunications Coordinator, presented Council with the Downsizing of the Current Public Access Studio located at the Community Center. Mr. Peterson said that in a previous meeting the City Council and the Telecommunication Advisory Council agreed to downsize the cable studio and return the space to the Community Center because of the minimal usage of the edit suites and the fact that the Community Center needs more room, Mr. Peterson outlined the proposed plan to Council. Mr. Peterson advised that the proposed changes would reduce operating costs and save the Telecom Fund approximately $10,000 per year. He also noted that there would be a $1,000 one-time cost associated with moving the channel operations to City Hall. Joos/Heitzman moved to close the existing public access studio at the Community Center effective December 23, 2008, and transfer equipment check-out duties to the front desk ofthe Community Center beginning January 5, 2009, and transfer the transmission capabilities of the channel to City HalL Motion carried 4-0. Bruce Loney, City Engineer/Public Works Director, presented Council with a request to authorize a Traffic Study for Potential Apgar Street Railroad Crossing Closure with WSB & Associates, Inc. Mr. Loney said that in 2003 the City of Shakopee has had a Railroad Safety Committee. On October 8, 2008, the Committee met and one of the items of discussion was to consider the closure of Apgar Street because of the three track crossing which is dangerous due to restrictive sight lines and difficultly in installing active working devices that would protect all three tracks. Mr. Loney said that council is being asked to allow WSB & Associates to conduct a traffic study and the traffic impacts and diversion of traffic to adjacent other railroad crossings with the closure of Apgar Street. Joos/Heitzman moved to authorize a traffic study on the potential closing ofthe Apgar Street railroad crossing and the traffic impacts to adjacent railroad crossings by WSB & Associates, Inc. at a cost not-to-exceed $2,500.00. Motion carried 4-0. Joos/Heitzman moved to authorize the appropriate City officials to enter into an agreement with MnlDOT for the reimbursement for the traffic study costs on the potential closing of Apgar Street railroad crossing and the impact to adjacent railroad crossings. Motion carried 4-0, Mr. McNeill presented Council with the Consideration of the Consent Decree regarding Bureau of Indian Affairs approval of the Trust Application of the Shakopee Mdewakanton Sioux Community. Official Proceedings of the December 2, 2008 Shakopee City Council Page -4- Mr. McNeill said that Council is being asked to agree to the conditions contained in a consent decree that has been negotiated between attorneys for the Bureau ofIndian Affairs (BIA) and attorneys representing the City of Shakopee, and to authorize the City's attorneys to execute the consent decree. This relates to the City's challenge of a ruling of the BrA on the 2000 fee to trust application submitted by the Shakopee Mdewakanton Sioux Community (SMSC). Mr. McNeill said in summary, the City agrees that the 752 acres which had been the subject of the June 2007 decision will be placed into trust status (572 acres are located within the City of Shakopee). The Department of the Interior (and BrA) agrees that there will be a different process for future SMSC fee to trust applications which will include opportunities for input by and negotiations with the City. In addition, the City will be a direct participant in National Environmental Policy Act (NEPA) review of future fee to trust applications. Mr. McNeill highlighted the major conditions contained in the consent decree. Mr. McNeill stated, if Council passes the motion, the City would dismiss its action, although it could be reinstituted in the future if the terms of the consent decree are not complied with by the BrA. The City also agrees to waive any claims to fees or costs associated, Joos/Heitzman moved to authorize the attorneys representing the City of Shakopee to enter into the Consent Decree between the City of Shakopee and the United States Department of the Interior, et.al. settling the City's appeal of the June, 2007 decision to take land into Trust. Motion carried 4-0. Joos/Heitzman moved to adjourn to Tuesday, December 16,2008 at 7:00 p.m. Motion carried 4- o. The Council meeting ended at 8:07 p.m. on December 2,2008. oJJlJ.~ ~ths. Cox ity Clerk Kim Weckman Recording Secretary