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HomeMy WebLinkAbout5.F.2. Approval of Minutes-December 16, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 16, 2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Terry Joos and Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, City EngineerIPublic Works Director; Gregg V oxland, Finance Director; Sherry Dvorak, Recreation Supervisor; Dan Hughes, Police Chief; and Jeff Tate, Police Captain. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill added 13.E.2, to set a date for a workshop with Springsted on prioritization of city services. J oos/Clay moved to approve the amended agenda. Motion carried 5-0 For the Mayor's Report, Mayor Schmitt accepted, for the City, a presentation of 'Field ofthe Year' award. Sherry Dvorak, Recreation Supervisor, presented Mayor Schmitt as the representative for the City of Shakopee the 2008 Field of the Year award presented by the Minnesota State High School Baseball Association Hall of Fame. Ms. Dvorak said throughout the winter months the award will be displayed at the Shakopee Community Center and at the Public Works Building. The award will eventually be placed at the entrance of Joe Schleper Stadium. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Cnc1. Lehman asked to remove 5.C.1, Accept Grant to Use Relative to the Preservation Efforts of the Buch Residence, 227 Fourth Ave W. - Resolution No. 6848 and 5.C.2., 2030 Comprehensive Plan - Resolution No. 6849. Mr. McNeil pointed out there was a typo in 5.B.3, Accept Work on the 17th Avenue Sports Complex hnprovements, Project No. PR 2005-2, Resolution No. 6838. The final payment is $1,000 less than what's shown in the resolution. Joos/Lehman moved to approve the Consent Agenda. Mr. McNeill read the amended Consent Agenda. Motion carried 5-0. Joos/Lehman moved to authorize the appropriate city staff to enter into agreements to extend the current Police Liaison and School Resource Agreements through December 31, 2009. (Motion carried under the Consent Agenda) Joos/Lehrnan offered Resolution No. 6859, a Resolution Regarding Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under the Consent Agenda) JObs/Lehman moved to authorize staff to declare the 1996 Ford Thunderbird, VIN: IF ALP6242TH182582, as surplus property. (Motion carried under the Consent Agenda) Official Proceedings of the December 16, 2008 Shakopee City Council Page -2- Joos/Lehman offered Resolution No. 6850, a Resolution of the City of Shakopee, Minnesota, Accepting a Stainless Steel Commercial Grade Upright Freezer and Two Stainless Steel Commercial Grade Food Cards from the RMS Electronics Inc., and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to adopt Resolution No. 6853, a Resolution of the City of Shakopee, . Minnesota, Accepting the Donations from Shakopee Amateur Baseball, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6838, A Resolution Accepting the work of Gladstone Construction, Inc. on the 1 ih A venue Sports Complex Improvements and Authorizing Final Payment, Project PR 2005-2, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize staff to utilize the re-purchase agreement with Lano Equipment, Inc. on the 2008 S-185 & S-300 Bobcats for the price of$15,524.62 with $11,734.46 to be expended from the Internal Service Equipment Fund and $3,790.16 to be expended from the Storm Drainage Fund. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6860, A Resolution Accepting Work on the 2008 Cured-In- Place Pipe, Project No. 2008-3, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman offered a motion to authorize the Police Chief to extend the full-time status of the City's Community Service Officers as needed, so long as the total hours of CSO time per week do not exceed 120. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize an unpaid leave of absence for paid-on-call firefighter Veronica Giese, effective January I - March 31, 2009. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the bills in the amount of$743,165.92. (Motion carried under the Consent Agenda) JooslLehman moved to approve the minutes of November 18, 2008 and November 25, 2008. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the renewal of the workers compensation with the League of Cities Insurance Trust for 2009 and a deposit premium of $334,597. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize the appropriate City officials to enter into a contract with Shakopee Towing for the period of January 1,2009 through December 31,2010. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the applications and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel Pawn, 450 West First Ave.; a Pawnbroker, Precious Metal Dealer and' Secondhand Dealer's license to Mark Pearson, DRM LLC of Shako pee, DBA Excel Pawn, 450 Official Proceedings of the December 16, 2008 Shakopee City Council Page -3- West 1 st Ave.; a Pawnshop license to PawnXchange LLC, 1133 Canterbury Rd.; and a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Smith, PawnXchange LLC, 1133 Canterbury Rd. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the applications and grant a Tattoo License to Linda Malone, Body Art, 205 South Lewis Street, and to Susan Price, Center for Permanent Cosmetics, 287 South Marschall Rd., contingent upon meeting allicensing requirements. (Motion carried under the Consent Agenda) Joos/Lehman offered Ordinance No. 811, Fourth Series, An Ordinance Amending Chapter 6.22, Subd. 18, Relating to Taxicab Vehicle Inspections, and moved its adoption; and, moved to approve the applications and grant a Taxicab License to Oscar Salas dba Shakopee Taxi for one vehicle and to Timothy R. Dressen Jr. dba TNT Taxi for two vehicles. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6857, A Resolution ofthe City of Shakopee, Minnesota Accepting Donations to the City, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to declare telecommunication equipment, as outlined in the December 10. 2008 memo from John Peterson, telecommunications coordinator, surplus property and authorize staff to arrange for their sale, donation or disposal. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6852, Resolution Decertifying Tax Increment Financing District No. II, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to appoint Councilors Pat Heitzman and Steve Clay to be the City Council representatives on the ad hoc Ice Facilities study committee. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize the appropriate City officials to execute the Amended Joint Powers Agreement for prosecution services with the Scott Joint Prosecution Association. (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 2008/09 Tax Levy and Budget Resolutions. Motion carried 5-0. Gregg Voxland, Finance Director, presented Council with the Adoption of the 2008/09 Tax Levy and Budget Resolutions. Mr. V oxland stated that the hearing is to adopt the final tax levy for payable 2009 taxes. The total gross tax capacity tax levy for 2008/09 is $14,717,438 (5.1 %) more than for 2007/08. Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Official Proceedings of the December 16, 2008 Shakopee City Council Page -4- Joos/Heitzman moved to close the public hearing. Motion carried 5-0. Joos/Heitzman offered Resolution Number 6846, A Resolution Setting the 2008 Tax Levy Collectable In 2009, and moved its adoption. Joos/Heitzman offered Resolution Number 6847, a Resolution Adopting the 2009 Budget, and moved its adoption. Mayor Schmitt asked for a vote on both motions. Motion carried 4-1 with Cncl. Lehman opposed. Mr. McNeill asked to defer 7.B., Application for Taxicab License - Randy Busch., until the City Attorney arrives. Michael Leek, Community Development Director, presented Council with accepting the grant award in an amount of$1,832.00 from The National Trust for Historic Preservation to the City of Shakopee for use relative to the preservation efforts of the Buch Residence. Mr. Leek stated that the City received notification of a grant in the amount of$1,832.00 from the Virginia Sweatt Preservation fund for Minnesota, pending National Trust approval of a consultant to assist in preservation of the Buch Residence. The local match will come from the Celebrate MN 150th funds. Cncl. Lehman stated he pulled this item from the Consent Agenda because he said the City has been in support of the County's desire to add a parking lot in the location of the Buch residence. Cncl. Lehman asked if the City accepting the grant is going to slow the process down or make it any more expensive for County tax payers. Cncl. Lehman also stated the resolution does not state where the dollar match is coming from. Mr. Leek said the County has been supportive of the Historic Preservation Advisory Commission ( HP AC) and doesn't believe its costing additional funds. Mr. Leek also stated that he will add 1ahguage to the resolution stating where the dollar match will be coming from. Lehrnan/Heitzman offered Resolution No. 6848, a Resolution Accepting a $1,832.00 grant from the Virginia Sweatt Preservation Fund for Minnesota for the use Relative to the Preservation Efforts of the Buch Residence, and moved its adoption. Motion carried 5-0. Joos/Heitzman moved to open the public hearing for an application for taxicab license. Motion carried 5-0. Judy Cox, City Clerk, presented Council with the Application for Taxicab License for Randy Busch doing business as Southwest Metro Transportation for a taxicab license to operate three vehicles. Ms. Cox stated that Mr. Busch holds a current taxicab license under the name ofTri Taxi, Inc., for one vehicle. Previously the City Council tabled a request from Mr. Busch to increase the n~ber of licensed vehicles to three in order to give him additional time to obtain a certificate of inSurance. Mr. Busch has not provided an acceptable certificate. Ms. Cox stated that Mr. Busch Official Proceedings of the December 16, 2008 Shakopee City Council Page -5- has made application for a 2009 taxicab license in the name of Randy Busch, dba/Southwest Metro Transportation. Ms. Cox said that Mr. Busch's application is in order, except that he has not provided an acceptable certificate of insurance for auto insurance. Ms. Cox said she did receive a certificate of insurance but asked for adjustments to the certification to be in compliance with the City's licensing requirements. Ms. Cox said she did receive a certificate with some of the adjustments but there is one adjustment not made to the certification. Ms. Cox said that the City always asks the Police Department to do a background check on applicants. Ms. Cox said the Police Department is not recommending approval of a taxicab license for Mr. Busch. Captain Jeff Tate ofthe Shakopee Police Department addressed Council regarding the Tri Taxi Inc. License Violations. Capt. Tate said that the police department conducted multiple compliance checks to see ifTri Taxi was in compliance with city taxi requirements. Capt. Tate stated that compliance checks were also conducted with the other taxi companies operating in Shakopee. Capt. Tate summarized by saying that on three different occasions, Tri Taxi was cited for multiple violations. One of the violations was that the taxi meter was not turned on during a cab ride. Randy Busch, 823 Cortland Circle, Shakopee, owner of Southwest Metro Transportation, addressed the Council. Mr. Busch stated that he contacted the Department of Transportation and obtained a Special Transportation Services License for two of the vehicles he operates in Shakopee. The license is so he can operate his taxis without a meter and charge a flat rate. Mr. Busch also stated that the original license is under the name Southwest Metro Taxi and he had to change it to Tri Taxi, Inc. at one point and now changed it to Randy Busch, dba, Southwest Metro Transportation. The reason for the name change is because he also operates a small courier service and also a medical transportation company. Mr. Busch said his insurance company was unable to put the proper name on the application for the taxi service because of all ofthe other businesses Mr. Busch operates. Jim Thomson, City Attorney, pointed out to Council that Tri Taxi, Inc. has a taxicab license but Southwest Metro Transportation does not have a taxicab license. Mr. Thomson also said that he would need to further research the Special Transportation License Mr. Busch is referring to. Mr. Thomson stated that the issue before Council is the need for Mr. Busch to obtain a taxicab license from cities that require them. Ms. Mary Studnicka, 654 Roundhouse St., feels that Randy Busch should have a taxicab license for all three vehicles. Ms. Studnicka stated that Mr. Busch has been running three taxicabs in the city and only has one taxicab license. Clay/Heitzman moved to close the public hearing. Motion carried 5-0. Official Proceedings of the December 16, 2008 Shakopee City Council Page -6- Clay/Joos moved to deny the taxicab application from Randy Busch dba/Southwest Metro Transportation and direct staff to prepare a resolution setting forth the reasons for denial. Discussion followed. Cncl. Joos asked what happens if the taxicab license is denied. Mr. Thomson said that Mr. Busch has the option to reapply. Ms. Cox reiterated that Mr. Busch has applied for a license for three taxicabs and did provide this evening an insurance certificate for the three taxicab vehicles and drivers. The City Attorney needs to review the cancellation verbiage of the insurance certificate. Mr. Joos is concerned about the two pending violations that are against the taxicab company. Mr. Joos said he would like to consider tabling the issue until Mr. Busch can resolve the pending violations. Mr. Busch stated that he went to court regarding the November violations. Mr. Busch said that the County Attorney was going to dismiss all violations if the city approved the license today. Capt. Tate said that Sgt. Forberg contacted Scott County Attorney's office and was informed that the case was continued. Capt. Tate said that at no time was Sgt. Forberg informed that the charges would be dismissed ifhe obtains his license from the City. Mayor Schmitt asked for a vote on the motion to deny. Motion carried 5-0. Lehman/Heitzman moved to refer to staff the taxi license ordinance, more specifically whether to allow a flat rate or not. Motion carried 5-0. Mr. Leek presented Council with the Approval of the 2030 Comprehensive Plan. Mr. Leek said that Council is asked to adopt the City of Shako pee 2030 Comprehensive Plan contingent on Metropolitan Council acceptance of the Plan. , Cllcl. Lehman said he asked this item be removed because he does not agree with the City using tax. dollars to purchase houses and businesses. Cnc1. Lehman said he is morally against the action;' , Mr. Leek said that it's not the intent of the document to redevelop or land acquisitions. Joos/Heitzman offered Resolution No. 6849, a Resolution of the City of Shako pee Adopting the City's 2030 Comprehensive Plan Update Contingent on Review and Acceptance by the Metropolitan Council, and moved its adoption; and, directed staffto submit the plan to the Metropolitan Council for review. Motion carried 4-1 with Cncl. Lehman opposed. 'j ". Mayor Schmitt asked for City Council liaison reports. Cnc1. Lehman said he attended the 169 corridor steering committee meeting. Since it's on the agenda, Mr. Lehman said he will wait to discuss it at that time. Cncl. Joos had no report. Cncl. Heitzman attended the school board meeting. Cncl. Clay had nothing to report. < .. qay/Heitzman moved to recess for the Economic Development Authority meeting. Motion camed 5-0. ,\ : "" . Official Proceedings of the December 16, 2008 Shakopee. City Council Page -7- Mayor Schmitt re-convened the meeting at 8:30 p.m. Lehman/Clay moved to recess for a closed session to discuss labor negotiations. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:20 p.m. Mayor Schmitt said no action was taken during the closed session. Mr. Leek presented Council with the 2009 Cost Participation in the Trunk Highway 169 Coalition. Mr. Leek said that the Steering Committee of the 169 Coalition will consider and is expected to make a recommendation regarding the draft joint powers agreement, work plan, and 2009 dues structure. Mr. Leek said the City of Shakopee will be asked to contribute up to $3000.00. Joos/Heitzman moved to authorize the payment of up to $3,000.00 "seed" funding to the Trunk Highway 169 Coalition for 2009. Motion carried 5-0. Mr. Loney presented Council with the Consideration Approval of C.R. 21 Extension Layout. Mr. Loney said the C.R. 21 Extension Project from C.R. 42 to Southbridge Parkway has been under design for approximately 1 'li years. The County policy is to request layout approval from the Cities prior to acquiring right-of-way. Mr. Loney discussed the tree removal, transit station intersection, trail connections, project timeline, project progression of the construction phases and project costs. Mr. Leek discussed the effects of transportation in the corridor. Mr. Leek discussed the proposed transit station site, bus ramps, and sound barrier for the Stratford Village area. Mr. Leek said the Shakopee Mdewakanton Sioux Community has agreed to lease property for the park and ride facility on the southwest side of C.R. 21 and Eagle Creek Blvd pending approval from the Bureau ofIndian Affairs. Mr. Leek also stated that in discussion with the Stratford Village Homeowners Association, they have opted not to use a sound barrier wall but preferred natural barriers such as trees, shrubs, etc. Mitch Rasmussen, Scott County Engineer, discussed the noise mitigation regarding Stratford Village. Mr. Rasmussen said that originally C.R. 21 was going to be a 60 mph road but has now been reduced to a 45 mph road which will reduce the noise. Joos/Heitzman offered Resolution No. 6854, a Resolution Approving the Preliminary Design Layout ofthe C.R. 21 Extension, and moved its adoption; and, offered Resolution No. 6858, a Resolution Declining the Installation of a Noise Mitigation Wall for Stratford Village Consistent with the Formal Action of the Stratford Village Condominium Association (Stratford) Board of Directors, and moved its adoption. Discussion followed. encl. Lehman asked what happens if the Bureau of Indian Affairs denies the lease agreement for the park and ride site. Greg Felt, Project Manager, stated that the park and ride is a requirement Official Proceedings of the December 16, 2008 Shakopee City Council Page -8- of the federal funding for the project. If the BIA denies the agreement, the project would not move forward until there was a resolution to the problem. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Bruce Loney, Public Works Director, presented Council with the County Road 83 Reconstruction Layout Approval. Mr. Loney said that in July 2008 Council approved a motion to proceed with CSAH 83 reconstruction with the cost sharing not to exceed $290,000.00. Since that time staffhas been working with County staff and the consultant, Bolton & Menk, Inc. who is designing the CSAH 83 Reconstruction Project. The Shakopee Mdewakanton Sioux Community is up fronting the cost and the city's share is to be paid back by 2015. Mr. Loney said that staff has included the resolution approving CSAH 83. Reconstruction Layout as well as layout drawings that have been prepared. Mr. Loney highlighted the major improvements associated with the layout design. They are bitwninous trails on either side of the roadway, improved drainage associated with the corridor, full movement access to future commercial and residential property adjacent to Shakopee Gravel, design of future Thrush Street opening on CSAH 83, Valley View Road Intersection would have a protective left turn and right turn lanes, an opening in the median is being provided south of Valley View Road to allow property owners to make u-turns to access their property, and current cost split estimate has the City of Shako pee's share at $241,272.13. Dan Jobe, Design Engineer with Scott County, discussed private road access to CSAH 83 and the intersection at CSAH 83 and Valley View Road. Mr. Jobe stated that a signal is not warranted at this time for the intersection to be signaled. However, when the project is completed, a speed study will be conducted for that intersection. Bev Koehnen, 2036 Canterbury Rd., presented Council with her concerns regarding the reconstruction of CSAH 83. Ms. Koehnen says her driveway access is on CSAH 83 and does not feel that there should only be aright in/right out option for her to leave her property. She also feels that making u-turns on CSAH 83 could be a potential danger. Ms. Koehnen's other concern with this project is the drainage issueshe will have on her property once the road is reconstructed. Ms. Koehnen said that last spring her property flooded due to the adjacent addition near her property. She feels that if CSAH 83 is widened it will only add to the drainage issue. Joos/Clay offered Resolution No. 6851, A Resolution Approving CSAH 83 Reconstruction Layout, and moved its adoption. Motion carried 5-0. Mr. Loney presented Council with the 2009 Bituminous Overlay Project, Project No. 2009-3. Mr. Loney said that the project area is being split into two project areas. The Boiling Springs area is 100% residential and is proposed to have a bituminous reclamation performed. It is proposed to asses this area on a unit basis with the estimated assessment at $2,300.00 per unit. The remaining project area consists of collector routes and is a mix of seven zone districts. Official Proceedings of the December 16,2008 Shakopee City Council Page -9- Staff is proposing to assess the 13th A venue and Stagecoach Road area on a front foot basis, capping the residential lots at a maximum front footage of 100 feet per lot. The estimated cost is approximately $1,200.00 per lot. Both roads are collectors of state aid and the rest of the cost will be picked up by state aid. These are rural residential lots and cannot be further subdivided. Joos/Lehman moved to direct staff to finalize the report for the 2009 Bituminous Overlay Project, 2009-3 capping residential assessments, as recommended by staff. Motion carried 5~0. Mr. McNeill presented Council with the Adoption of2009 Pay Plans for Non-Union Employees. Mr. McNeill said that when the City began is 2009 budgeting process this past summer it appeared that a three percent increase would be reasonable. However, economic circumstances have clearly changed in recent months and they appear unlikely to improve or even stabilize. As a result of the changing circumstances, staff is recommending that the Council scale back the traditional cost of living adjustment for full-time non-union employees to two percent for 2009, and that pay plans for part-time, temporary and seasonal employees, firefighters and elected officials remain unchanged for 2009. Joos/Heitzman offered: Resolution No. 6855, a Resolution Adopting the 2009 Pay Plan for the Elected Officials and Certain Non-Union Employees of the City of Shako pee, Resolution No. 6856, a Resolution Adopting the 2009 Pay Plan for Part-Time, Temporary and Seasonal Employees of the City of Shakopee, and Resolution No. 6861, a Resolution Adopting the 2009 Pay Plan for Part-Time Employees ofthe Shakopee Fire Department; and moved their adoption. Motion carried 5-0. Mr. McNeill asked for a workshop session on Tuesday, February 10,2009 to work with Springsted to prioritize city services. Council agreed to meet on February 10, 2009. Joos/Lehrnan moved to adjourn, Motion carried 5-0. The meeting was adjourned 10:54 p.m. ~~o~. ~ ity Clerk Kim Weckman Recording Secretary