HomeMy WebLinkAbout5.F.2. Approval of Minutes: September 07, 2010OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 7, 2010
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Matt
Lehman, and Pat Heitzman present. Absent was Council Member Pamela Punt. Also present
were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim
Thomson, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, City Engineer/Public Works
Director; R. Michael Leek, Community Development Director; Gregg Voxland, Finance
Director; and Rick Coleman, Fire Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said
there were no changes to the agenda.
Clay/Heitzman moved to approve the agenda. Motion carved 4-0.
Mayor Schmitt had nothing to report in the Mayor's Report.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda..
Mr. McNeill had no additions or deletions to the consent agenda.
Lehman/Clay moved to approve the Consent Agenda as amended. Mr. McNeill read the consent
agenda. Motion carried 4-0.
Lehman/Clay moved to authorize the purchase of 8 additional Mobil Data Terminals (MDTs) for
the Shakopee Fire Department at a total cost not to exceed $20,000, with $17,000 coming from
the Telecommunications Division's 2010 allocation for Research and Development. (Motion
carried under the Consent Agenda)
Lehman/Clay moved to authorize the payment of $1,500 from the Police Department's drug
forfeiture fund to the Meth Task Force for anti-drug presentations in the Shakopee Schools for
the 2010-2011 school year. (Motion carried under the Consent Agenda)
Lehman/Clay offered Resolution No. 7037, a Resolution Setting the Public Hearing Date to
Consider the Vacation. of Easement in Westridge Lake Estates 2nd Addition at 1053 Peninsula
Point Road and 1067 Vista Ridge Lane, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Clay moved to approve a suspension of City Code Sec. 10.60, Noise Elimination and
Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, per this memo, and
directed staff to publish notice of the suspension terms with the conditions as recommended by
staff. (Motion carried under the Consent Agenda)
(The suspension of the noise restrictions, for SM Associates Construction, LLC, contractors
working for Riverland Ag Corp., 3151 County Road 101 East, allows construction from 5:00
A.M. thru 10:00 P.M. on weekdays and weekends until the project is completed, with the
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Shakopee City Council Page -2-
following conditions: minimizing noise exposure and if there are property owner complaints
received by the City, the suspension can be revoked at the discretion of the Community
Development Director and/or the Public Works Director.)
Lehman/Clay offered Resolution Number 7040, a Resolution Approving the Storm Drainage
System Maintenance Policy, and moved its adoption. (Motion carried under the Consent
Agenda)
Lehman/Clay moved to direct staff to maintain the Dakota Street sidewalk on the east side, from
4a' Avenue to 10~ Avenue for snow removal. (Motion carried under the Consent Agenda)
Lehman/Clay moved to declare the following property as surplus. -1991 Chevrolet 5-10, #156,
VIN: 1 GCCS 14AOM0189495; 1994 Chevrolet Suburban, #9594, VIN:
1GNGK26KGRJ399735; 2006 Ford Crown Victoria, #064, VIN: 2FAHP71W16X157322; and
1989 Chevrolet 5-10, #196, VIN: 1GCCS14EXK2203083. (Motion carried under the Consent
Agenda)
Lehman/Clay moved to accept, with regret, the resignation of John Fox from his position as
paid-on-call firefighter with the Shakopee Fire Department. (Motion carried under the Consent
Agenda)
Lehman/Clay moved to terminate Jared Golde's employment as paid-on-call firefighter with the
Shakopee Fire Department effective August 5, 2010. (Motion carried under the Consent Agenda)
Lehman/Clay moved to authorize staff to advertise for the position of Maintenance Operator and
begin the hiring process. (Motion carried under the Consent Agenda)
Lehman/Clay moved to approve the bills in the amount of $993,669.59 and electronic transfers
in the amount of $777,651.16 for a total of $1,771,320.75. (Motion carried under the Consent
Agenda) [A list of bills is posted at city hall, 129 Holmes St. So.]
Lehman/Clay moved to approve the minutes of August 4, 2010, August 9, 2010, August 16,
2010, August 17, 2010 and August 24, 2010. (Motion carried under the Consent Agenda)
Lehman/Clay offered Resolution Number 7038, A Resolution Amending Resolution No. 6963, A
Resolution Adopting the 2010 Budget, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Clay moved to authorize the appropriate staff to transfer; $675,000 from the General .
Fund to the Park Reserve Fund for Greenfield Park; $1,350,000 from the General Fund to the
Park Reserve Fund for paying off the inter-fund loan from the Sewer Fund; $671,000 from the
General Fund to the Building Fun;.$100,000 from the General Fund to the TT Fund; $2,600,000
from the Capital Improvement Fund to the 2011 Fire Station Capital Project-Fund; $475;000
from the Building Fund to the Park Reserve Fund for Riverside Bluffs-Park; $200,000 from the
Employee Benefits Fund (OPEB portion) to the Park Reserve Fund for Riverside Bluffs Park;
and $377,265 from the Employee Benefits Fund (OPEB portion) to the Park Asset Fund.
(Motion carried under the Consent Agenda)
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Lehman/Clay offered Resolution No. 7039, A Resolution Changing the November 2, 2010 City
Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Clay moved to declare the Anchor AN-100 speaker as surplus property and authorize
donation to Carver County. (Motion carried under the Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that
was not on the agenda. No one responded.
Mayor Schmitt asked for Council liaison reports. Cncl. Clay said he attended the Shakopee
Public Utility Commission Meeting. Discussed was, solar generation systems, water service
along the TH l O1.corridor, and the Pike Lake substation. Cncl. Heitzman had nothing to report.
Cncl. Lehman had nothing to report.
Michael Leek; Community Development Director, presented Council with the Livable
Communities Act (LCA) Participation.
Mr. Leek said that in June the City was notified by the Metropolitan Council of the city's
parameters for continued participation in the Metropolitan Livable Communities Act Local
Housing Incentives Account (LCA LHIA). The City has participated in the program since 1996.
Expiration of the participation is December of 2010.
Mr. Leek said that the City has participated and demonstrated over the past decade the extent to
which affordable housing has been produced within the city. Mr. Leek is concerned that if the
City continues to participate the Metropolitan Council may begin to view numbers as a hard and
fast target that the City must meet rather than a goal based on a projection of the expected need.
Mr. Leek said that if the City doesn't participate in LCA LHIA, the City would not be able to
apply for any of the Livable Community funds. Discussion followed.
Clay/Heitzman moved to direct staff to prepare a letter to the Metropolitan Council
acknowledging the receipt of the June 25~` letter and its affordable housing range numbers for the
City of Shakopee while declining to participate in the Livable Communities Act (LCA) at this
time for the following reasons:
a) The City of Shakopee has demonstrated through its supply and availability of
affordable housing its commitment to proving its fair share of affordable housing
for the region. The City is concerned that the affordable housing ranges identified
by the Metropolitan Council will become mandates rather than statements of the
potential need. for affordable housing. If that were to happen, it is likely the City
would be unable to meet the requirement based on current housing activities.
b) Participation in the LCA may not align itself with the direction of the City's
Economic Development Advisory Committee (EDAC) regarding job creation and
associated housing opportunities, and the work of the EDAC related to these
issues is not completed.
Motion carried 4-0.
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Bruce Loney, Public Works Director/City Engineer, presented Council with the Approval of
Agreement for the City of Prior Lake Part-Time Utilization of the City of Shakopee Engineering
Employees.
Mr. Loney explained that Prior Lake does not have a GIS person at this time and is interested in
contracting with the City of Shakopee to utilize Shakopee's GIS Specialist four to eight hours a
week to further their GIS System and Asset Management System. Staff believes that we can do
this and anticipates this being a 6-month trial period and could be longer depending upon how
well the arrangement works. A savings of over $10,000 could be achieved by utilizing
Shakopee's GIS Specialist for eight hours over 24 weeks. Mr. Loney responded to questions
from council members.
Lehman/Heitzman authorized the appropriate City officials to execute an agreement with the
City of Prior Lake for the part-time utilization of Engineering's GIS Specialist.
Councilor Clay stated that he would like staff to search if there could be the swapping of other
employees, i.e.: Park; Recreation, and Natural Resources Department.
Motion carried 4-0.
Judith Cox, City Clerk, presented Council with the New Law Regulating Technicians and Body
Art Establishments.
Ms. Cox stated that Council is asked to consider whether or not to continue licensing tattooing.
She explained that a new state law that takes effect January 1, 2011 provides for the Minnesota
Commissioner of Health to license establishments and technicians involved in body art or body
piercing. The law also contains an exception and allows the licensing of establishments by the
local jurisdiction if the standards of the local ordinance meet or exceed those contained in the
new legislation. She stated that if the Council wishes to continue licensing tattoo establishments,
the city code would have to be rewritten to incorporate the regulations contained in the new state
law.
Mr. Al Lindback addressed the Council on behalf of Lucky Linda's Body Art. Mr. Lindback
spoke in favor of the City continuing to license businesses. He shared his frustration with artists
operating without a business license and not meeting health standards and his experience in other
communities when it comes to enforcing the law. He was advised that violations are a police
issue and that they would be handled similarly whether they were under state Iaw or city
ordinance.
Lehman/Clay moved to discontinue licensing tattooing and offered Ordinance No. 837, Fourth
Series, An Ordinance of the City of Shakopee Repealing Section 6.50, Tattooing, and moved its
adoption. The City's ordinance is being replaced by the new state statute effective January 1,
201'1. Motion carried 4-0.
Gregg Voxland, Finance Director, presented 2010 Economic Development Authority (EDA) Tax
Levy -.Res. No. 7032.
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Shakopee City Council
September 7, 2010
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Mr. Voxland explained that the proposed resolution is in follow up to the Economic
Development Authority's (EDA) request to the City Council to levy $80,000 for economic
development purposes.
Clay/Heitzman offered Resolution No. 7032, A Resolution Levying a Tax at the Request of, and
Consenting to the Levy of a Tax by, the Economic Development Authority for the City of
Shakopee, and moved its adoption. Motion carried 4-0.
Mr. Voxland presented 2010/2011 Proposed Tax Levy and Budget -Res. No. 7035
Mr. Voxland explained that the Council must adopt a proposed budget and proposed maximum
tax levy and forward it to the county by September 15a`. Thereafter, the tax levy can be reduced
but not increased. He stated that the. tax levy is the same as payable for 2010.
Clay/Heitzman offered Resolution No. 7035, a Resolution Setting Proposed Maximum 20.10 Tax
Levy, collectible in 2011, and moved its adoption. Motion carved 4-0.
Lehman/Clay moved to set the public hearing date on the tax levy and budget for December 7,
2010 at 7:00 p.m. Motion carried 4-0
Mr. Voxland presented Canceling Debt Service Levy for 2010/2011 -Res. No. 7036.
Mr. Voxland explained that Resolution No. 7036 cancels debt service levy for the Public Works
building bond issue and other improvement bond issues. There are funds on hand or planned to
be transferred in to meet scheduled debt service payments.
Heitzman/Clay offered Resolution No. 7036, a Resolution Canceling Debt Service Levy for
2010/2011, and moved its adoption. Motion carried 3-l with Councilor Lehman opposed.
Clay/Heitzman moved to adjourn to Tuesday, September 21,.2010 at 7:00 p.m. Motion carried
4-0.
Meeting adjourned at 8:1'0 p.m.
dith S. Cox
ity Clerk
Kim Weckman
Recording Secretary