HomeMy WebLinkAbout5.F.2. Approval of Minutes: October 20. 2009
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 20, 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; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith
S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public
Works Director/City Engineer; Jamie Polley, Parks, Recreation and Natural Resources Director;
and Rick Coleman, Fire Chief.
The pledge of Allegiance was recited.
Mayor Schmitt asked ifthere any additions, deletions or corrections to the agenda. Mr. McNeill
asked to add 13.D.2, Discussion of Pedestrian Ramp from Holmes Street Bridge to Levee Drive.
Joos/Clay moved to approve the agenda as amended. Motion carried 5-0.
In the Mayor's Report Fire Chief, Rick Coleman informed Council of a grant that was awarded
to the Shakopee Fire Department.
Chief Coleman stated that the Shakopee Fire Department received a $5,913.00 grant from
Fireman's Fund Insurance Company through the Capacius Agency. The grant money will be
used for Epic communication devices which are blue tooth communication devices for the Scott
Air packs.
Lehman/Heitzman moved to thank the Fireman's Fund Insurance Company and Capacius
Insurance Agency for the grant presented to the fire department. Motion carried 5-0.
Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Noone
responded.
Joos/Clay moved to approve the Consent Agenda. Motion carried 5-0. Mr. McNeill read the
Consent Agenda.
Joos/Clay moved to approve the proposal by the Shakopee-Prior Lake Waterski Association
(SPL WSA) to fund and complete temporary improvements to the Quarry Lake ski area. (Motion
carried under the Consent Agenda)
Joos/Clay moved to authorize staff to declare the 1995 Oldsmobile Cutlass, VIN:
1G3WH52X9SD375696; the 1999Ford Taurus, VIN: IFAFP53S3XG309288; the 1999 Pontiac
Grand AM, VIN: 1G2NE12E4XM713; the 1999 Ford F-350, VIN: 1FTSF31FOXEB14914; and
the 2007 Chevrolet 1500 pickup, VIN: 2GCEK13M871533443 as surplus property. (Motion
carried under the Consent Agenda)
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Shakopee City Council Page -2-
Joos/Clay offered Resolution No. 6951, Revoking Municipal State Aid Streets, and moved its
adoption - Valley View Road, from CSAH 83 to McKenna Road; and offered Resolution No.
6952, Establishing Municipal State Aid Streets, and moved its adoption - Crossings Boulevard,
from CSAH 18 to Pike Lake Road; Shenandoah Drive, from C.R. 101 to 4th Avenue; and Thrush
Street, from Independence Drive to CSAH 83. (Motion carried under the Consent Agenda)
Joos/Clay authorized the appropriate City Officials to Execute the Swamp Lake Mitigation Area
Extension Agreement with WSB & Associates, Inc. at a cost not to exceed $13,111.00. (Motion
carried under the Consent Agenda)
Joos/Clay moved to approve the bills in the amount of $975,064.73 and electronic transfers in
the amount of $386,669.27 for a total of$1,361,734.00, including payment to MES (Municipal
Emergency Service, Inc.) for Fire Department air packs and parts for $19,251.51. (Motion
carried under the Consent Agenda)
J oos/Clay moved to approve the minutes of October 6, 2009. (Motion carried under the Consent
Agenda)
J oos/Clay moved to approve the applications and grant an off sale 3.2 Percent Malt Liquor
License and a Tobacco License to Top Star Market, Inc., 615 South Marschall Road. (Motion
carried under the Consent Agenda)
Joos/Clay moved to authorize the execution of the Joint Powers Agreement with Scott County
for the Sentencing to Service program for the year 2010. (Motion carried under the Consent
Agenda)
Mayor Schmitt asked ifthere any items of other business to discuss. No one responded.
Joos/Heitzman moved to open the public hearing on proposed assessments for delinquent refuse
bills from Dick's/Lakeville Sanitation, Inc. Motion carried 5-0.
Bruce Loney, Public Works Director/City Engineer presented Council with the delinquent refuse
bills.
Mr. Loney asked Council to adopt Resolution No. 6950 that would assess property owners on
taxes payable 2010 for unpaid refuse and recycling services from the City's designated garbage
hauler, Dick's/Lakeville Sanitation, Inc.
Mr. Loney said that Dick's/Lakeville Sanitation, Inc., has provided the City with a list of
delinquent accounts, of which there were approximately 150 for a total amount due of
$39,413.69. Follow up notices were sent to residents on the delinquency list. The current list is
102 residents and the amount is $22,000.00. Mr. Loney reminded Council that a $45
administrative cost is added to the delinquency bill also.
Dave Domack, Dick's/Lakeville Sanitation, discussed that the delinquency process has improved
over past years specifically the shadow billing to property managers. He thanked the Council
and staff for making this process as smooth as possible.
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Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public
hearing.
Cindy Rock, 635 Somerville St., asked to have her bill adjusted because she did not receive
service for approximately six months.
Mayor Schmitt asked ifthere was anyone else who wished to speak at the public hearing. No
one responded.
Joos/Lehman moved to close the public hearing. Motion carried 5-0.
Lehman/Heitzman offered Resolution No. 6950, A Resolution Adopting Assessments for
Delinquent Garbage Bills, with the exception of 635 Somerville Street, and moved its adoption.
Motion carried 5-0.
Mayor Schmitt asked for Council Liaison reports. Cncl. Joos said he attended the Shakopee
Public Utility Commission meeting. He made them aware of the Forestry Specifications
Manual, which is on the agenda, which they may have some interest in. Cncl. Joos also attended
a round table meeting with Senator Frankin. Cncl. Clay said he will be attended the Transit
meeting next week. Mr. Leek followed up with information regarding policy and funding issues.
Cncl. Lehman and Cncl. Heitzman had nothing to report.
Heitzman/Clay moved to recess for the Economic Development Authority meeting. Motion
carried 5-0.
Mayor Schmitt re-convened the meeting at 7:31 p.m..
Jamie Polley, Parks, Recreation & Natural Resources Director, presented Council with the
Forestry Specifications Manual- Resolution No. 6954.
Ms. Polley said that in the absence of the Natural Resources Coordinator she and the Public
Works Department have worked closely to maintain the City's urban forest.
City staff has worked collaboratively to develop a document that combines City Code Section
7.05, Section 7.18, Section 10.70 and Section 11.60, Subdivision 9 into one working manual that
City Staff will utilize in caring for and managing the City's urban forest. The Forestry
Specification Manual includes planting policies, pruning standards, tree maintenance standards
and tree removal policies to provide a Best Practices guideline and uniform maintenance
procedures.
The Environmental Advisory Committee (EAC) reviewed and discussed the manual. The
Forestry Specification Manual will be utilized by City Staff but will serve as a reference tool for
the public. The EAC has recommended the proposed Forestry Specification Manual.
Council members had questions and commented on several aspects of the manual and suggested
tabling the manual until those questions could be answered. They also wanted Shakopee Public
Utilities to review and comment on the manual.
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Lehman/Heitzman moved to table the Forestry Specifications Manual with a follow up directing
staff to look at the time notification and requirements for removal of trees in the old part of town
and minimize deforestation under the City's guidelines and also checking with Shakopee Public
Utility Commission for added comments. Motion carried 5-0.
Bruce Loney, Public Works Director/City Engineer, presented Council with a Policy on Sanitary
Sewer Backup Damage Claims.
Mr. Loney said that the City of Shakopee has insurance for liability claims with the League of
Minnesota Cities Insurance Trust (LMCIT). For sanitary sewer backup damage claims, the City
follows a procedure in which the property owner submits a claim to the City's insurance
company. Claims are processed by the LMCIT and a determination ofliability is done by an
insurance adjustor. The LMC has asked for a formal sanitary sewer policy for purpose of
performing good maintenance practices for the sanitary sewer system.
Mr. Loney said the recent payment of damages, in which the City was not liable, has prompted
the directions of forming a policy on settlement payments in the future. Mr. Loney cited the
policy considerations. The first is not to offer settlement payments and allow the claim to go to
court. The second is to approve a settlement payment on a case by case basis. Lastly, to
purchase no-fault insurance from the LMC which is expensive for the coverage. Mr. Loney
noted that property owners can purchase sanitary sewer backup coverage on their insurance
policy. Discussion followed.
Joos/Clay moved to not offer settlement payments on sanitary sewer backup damage claims and
allow the claim to go to court to determine if the City is liable or not. Motion carried 4-1 with
Cncl. Lehman opposed.
Mr. Loney presented Council with the Pedestrian Ramp from Holmes Street Bridge to Levee
Drive.
Mr. Loney said that MnlDOT is rehabilitating the Holmes Street Bridge as a pedestrian and
bicyclist trail bridge and will turn this bridge over to the County under a Memo of Understanding
between the City, County and State.
MnlDOT has been asked by the City to consider a pedestrian ramp versus the existing wooden
stairway. MnIDOT has designed a ramp along with existing retaining wall on the east side of the
Holmes Street Bridge and by the bebo structure under C.R. 69. The proposed ramp will be
located in City right-of-way or property, thus MnlDOT believes this ramp should be owned by
the City. State historical personnel would like to see a tension cable railing versus a chain link
fence adjacent to CR 69.
Mr. Loney asked Council to consider whether the ramp should be included in this project and if
so, should the City own the ramp. Another option is ifthe County accepts ownership and works
out a maintenance agreement with the City. Discussion followed.
Joos/Clay moved to approve a pedestrian ramp from the Holmes Street bridge to Levee Drive,
for the City to accept ownership and for the City to maintain the walkway on the ramp and also
to use the cable tension railing for the fence surrounding the ramp. Motion carried 5-0.
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Kris Wilson, Assistant City Administrator, presented Council with the 2010 Employee Medical
and Dental Insurance.
Ms. Wilson said the City is aske9- to consider renewal offers received from both Medica and
Delta Dental for the City's 2010 medical and dental insurance and to adopt the City's
contribution rates for 2010.
Ms. Wilson said that Medica is offering to renew the existing plans for an average premium
increase of 7% and Delta Dental was an increase of 2%. Ms. Wilson discussed the City
contribution levels to the medical and dental insurance and recommends approval for the same
level of contribution as in past years.
Lehman/Joos, offered Resolution 6953, A Resolution Adopting the City of Shakopee's
Contribution Levels for Employee Benefits for the Year 2010, and moved its adoption. Motion
carried 5-0.
Clay/Lehman moved to authorize appropriate staff to enter into contracts with Medica and Delta
Dental for the renewal of group insurance plans for 2010, at the quoted prices. Motion carried 5-
O.
Mayor Schmitt asked for Council concerns or comments. Cncl. Heitzman wished Cncl. Lehman
a happy birthday.
Lehman/Heitzman moved to adjourn to Wednesday, November 4,2009 at 7:00 p.m. Motion
carried 5-0.
The meeting adjourned at 8:50 p.m.
/. tlJ. ~
~ s. Cox
ity Clerk
Kim Weckman
Recording Secretary