HomeMy WebLinkAbout5.F.2. Approval of Minutes: September 15, 2009
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 15,2009
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat
Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City
Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works
Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; and Judith S.
Cox, City Clerk.
The pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions, deletions or corrections to the agenda. Mr. McNeill
asked to defer l3.C.1, Park Encroachment Agreement to the October 6, 2009 meeting. Also delete
item 5.F.7, Temporary Liquor License-Church ofSt. Mary's, application withdrawn.
Joos/Clay moved to approve the agenda as amended. Motion carried 5-0.
In the Mayor's Report, Mayor Schmitt said he attended the Shakopee Home Tour and thanked everyone
who was involved in organizing the event. He also attended the 169 Coalition on September 10,2009.
On September 4, 2009 he attended the SCALE meeting.
Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Mr. McNeill
restated removing 5.F.7, Temporary Liquor License-Church ofSt. Marys from the consent agenda.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Motion carried 5-0. Mr.
McNeill read the amended Consent Agenda.
Lehman/Heitzman offered Resolution No. 6935, A Resolution Ordering a Preliminary Engineering
Report for the 2010 Street Reconstruction Project and moved its adoption. Authorized the appropriate
City officials to execute an agreement with ITCO Allied Engineering Company to perform soil
borings. Authorized the appropriate City officials to execute an agreement with WSB & Associates,
Inc. to perform a topographical survey of the project area. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 6936, A Resolution Ordering the Preparation of a Report for
Improvements for 2010 Bituminous Overlay, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Heitzman offered Resolution No. 6937, A Resolution Authorizing Agreement No. 95402
between Minnesota Department of Transportation and the City of Shako pee for Federal Participation
in Construction (Fuller Street Trail), and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Heitzman offered Resolution No. 6938, A Resolution Declaring the Amount to be Assessed,
Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent
Refuse Bills, and moved its adoption. Directed a $45 administrative fee penalty be added to
assessment amounts for City costs. (Motion carried under the Consent Agenda)
Official Proceedings of the September 15,2009
Shakopee City Council Page -2-
Lehman/Heitzman moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Bituminous Roadways,
Inc. for the County Road 101 Improvement Project from Sarazin Street to 70th Street and direct staff to
publish notice of the suspension terms with the conditions as recommended by staff, outlined in the
September 15,2009 memo from the Public Works Director. (Motion carried under the Consent
Agenda) (CC Document No. 470)
Lehman/Heitzman moved to approve the bills in the amount of$I,095,814.07 and electronic transfers
in the amount of$390,232.34 for a total of$1,486,046.41. (Motion carried under the Consent Agenda)
LehmanlHeitzman moved to approve the minutes of August 18,2009 and September 1,2009. (Motion
carried under the Consent Agenda)
Lehman/Heitzman moved to approve the apflication and grant a temporary on-sale liquor license to
the Fraternal Order of Eagles #4120, 220 2n Avenue West, for September 19,2009, condition upon
meeting all licensing requirements. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 6939, A Resolution Changing the November 3, 2009
Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda)
LehmanlHeitzman move to retain Kern, DeW enter and Viere as auditors for fiscal year 2009 at the
proposed amount of $38,500 plus $3,000 if a single audit for federal funds is needed. (Motion carried
under the Consent Agenda)
Lehman/Heitzman moved to authorize the appropriate individuals to enter into a contract extension
with the Minnesota Municipal Utilities Association for the provisions of a Safety Management
Program, at a cost not to exceed $22,480.00. (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. Noone responded.
Mayor Schmitt asked for Council Liaison reports.
Cncl. Clay had nothing to report. Cncl. Joos said he attended the Shakopee Public Utility Commission
meeting. He said that the commission had some questions on the wind energy ordinance passed by the
City Council. He also said he attended the economic ad hoc committee meeting the night before. Cncl.
Lehman said he will be attending the Chamber meeting the following day. The agenda for the meeting
indicates a decline in membership. He also said he and Cncl. Joos attended the Rail Road meeting and
discussed access issues by Rahr Malting. Cncl. Heitzman said he attended the economic ad hoc
committee meeting. Items discussed were the boundaries considered to be Downtown from Rahr
Malting to County Road 101 at Marschall Road. Cncl. Heitzman said that he also attended the School
Board meeting. He said that ground breaking for the new elementary school will occur in the spring.
Clay/Joos moved to recess for the Economic Development Authority meeting. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 7:13 p.m.
Official Proceedings of the September 15, 2009
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Bruce Loney, Public Works Director/City Engineer, presented Council with the Update on the
Countryside Development.
Mr. Loney said that staff has been working to complete the public improvements and developer
obligations for the Countryside Development by Tollefson Development Inc. Tollefson Development,
Inc. developed the lots in Countryside and entered into a Developer's Agreement with the City. Mr.
Loney said that Tollefson is not completing the public improvements and staff is working with the City
Attorney to make a claim on the bond security.
Mr. Loney said that staff has been meeting with the bonding company representative on completing
improvements or obligations by the developer. Staffhas also been working with Jim Stanton of
Shamrock Development to complete the bituminous wear course on the streets.
Mr. McNeill presented Council with the SCALE Transportation/Economic Development Charter
Affirmation.
Mr. McNeill said that at the September 1,2009 Council meeting there was a presentation by members
of SCALE regarding a unified plan for economic development, integrated land use, and transportation
planning for member organizations of SCALE. The goal of the group is to employ 50% of the
County's labor force within Scott County by 2030. Although Council did adopt a resolution
authorizing the signing of the Charter, copies of the Charter were not distributed. Copies of the
Charter are in the Council's agenda packets and Mr. McNeill recommended that the Council approve
the Charter document.
Mr. McNeill said the funding for the SCALE activity will be provided by a formula which will assess
$.50 per capita, meaning $17,000 for Shakopee. Staff responded to questions from Council members.
loos/Heitzman moved to approve the SCALE Charter for unified economic development, land use, and
transportation. Motion carried 4-1 with Cncl. Lehman opposing.
Mayor Schmitt asked if there any items of other business to discuss. No one responded.
loos/Heitzman moved to adjourn to Tuesday, October 6,2009 at 7:00 p.m. Motion carried 5-0.
The meeting adjourned at 7:32 p.m.
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nifu S. Cox
City Clerk
Kim Weckman
Recording Secretary