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HomeMy WebLinkAbout4.F.2. Approval of Minutes: January 03, 2012 _ OFFICIAL PROCEEDINGS OF THE CITY COLTNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 3, 2012 Brad Tabke, Mayor, Jay Whiting, Councilman and Matt Lehman, Councilman were sworn into office by Judith S. Cox, City Clerk. Mayor Tabke called the meeting to order at 7:00 p.m. with Council members, Matt Lehman, Steve Clay, Jay Whiting present; Pamela Punt absent. Also present Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Julie Linnihan, Finance Director; Jeff Tate, Police Chief; Rick Coleman, Fire Chief, Jim Thomson, City Attorney and Judith S. Cox, City Clerk. The Pled e of Alleqiance was recited. g b ' Mayor Tabke asked if there were any additions or deletions to the agenda. Mr. McNeill said there were no changes to the agenda. Lehman/Clay moved to approve the agenda. Motion carried 4-0. I, � Mayor Tabke asked if there were any additions or deletions to the Consent Agenda. Cncl. Lehman asked to remove S.F.�, Council Meeting Procedures and S.F.6, 2012 Liaison Appointments. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent ', Agenda. Motion carried 4-0. I Lehman/Whiting moved to authorize the appropriate City officials to execute Contract No. 111049, a ' Master Lease Agreement by and Between the Metropolitan Council and the City of Shakopee for Public I Transit Vehicles and directed staff to communicate a� ' a �' , gain in writin the City s objections to current transit related policies and requesting that they be colLaboratively reviewed with members of the Suburban Transit Association (STA). (Motion carried under the�onsent Agenda) i Lehman/Whiting moved to approve declining to enter into the St. Paul/Minneapolis Advanced Regional � Transit Communications/Management (SMARTCoM) system operating agreement with the Metropolitan Council at this time, and directed staff to communicate the City's concerns in writing to the Met Council. (Motion camed under the Consent Agenda) .. I Lehman/Whiting moved to grant Tamera Helgeson full-time regular status as Police Records Supervisor. '� (Motion camed under the Consent Agenda) ' Lehman/Whiting moved to appoint Robert Indrebo and Allen Johnson as SCBA coordinators and Darren �I Giese and John Clay as Engineers for the Fire Department, effective January 1, 2012. (Motion carried I under the Consent Agenda) ' Lehman/Wliiting moved to accept, with regret, the resib ation of Patricia Pennington, effective 3anuary 19, 2011 and to offer Resolution No. 7157, a Resolution of Appreciation for Patricia Penninb on, and moved its adoption. (Motion carried under the Consent Agenda) I � Lehmau/Whiting moved to accept, with regret, the resignation of Jeff Evens from the position of '� Engineering Technician IV, effective January 17, 2011. (Motion carried under the Consent Agenda) Lehman/Whiting moved to approve the bills in the amount of $488,056.68 and electronic transfers in the amount of $525,973.70 for a total of $974,030.38. (Motion carried under the Consent Agenda) � - - Qf�icial proceedings of the January 3, 2012 Shalcopee City Council Pa�e � Le�nanlWhiting moved to approve the minutes of December 20, 2011. (Motion carried under the Consent Agenda) Lehman/Whiting moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2012. (Motion carried under the Consent Agenda) Lehman/Whiting offered Resolution No. 7158, A Resolution Changing the February 7, 2012 Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda) Mayor Tabke asked if there was anyone in the audience who wished to speak about a topic not on the agenda. No one responded. Lehman/Whitin moved to re-o en the ublic hearin for the Vacation of Publ' � p p g ic Right-of-Way of a Portion of Clay Street North of County Road 69. Motion carried 4-0 I � Michael Leek, Community Development Director, said that the City of Shakopee has submitted an 'I application for vacation of Public Right-of-Way. The right-of-way is located adjacent to the Shakopee '� Trading Post. The right-of-way is proposed for vacation as a part of the upcoming road improvement I project for County Road 69. If approved, the property would be utilized by the Shakopee Trading post for off-street parking and Clay Street would be reconfigured as part of the road project. The County would acquire property to the west and deed it to the City. After Council asked questions, Mayor Tabke asked if there was anyone on the audience that wished to � speak at the public hearing. No on responded. , Whiting/Clay moved to close the public hearing. Motion carried 4-0. WhitinglLehman offered Resolution No. 7156, A Resolution Approving a Vacation of Public Right-of- Way of Clay Street North of l Avenue, and moved its adoption. Motion carried 4-0. � Mayor Tabke asked to discuss items removed from the Consent Agenda. CncL Lehman said that he asked to remove �.F.S, Council Meeting Procedures, because he had questions � regarding some of the proposed meeting procedures. , Cncl. Lehman had a concern regarding items removed from the Consent Agenda if the administrator is , not notified by a council member by noon of the day of the meeting. If notification is not given, the I action will be deferred to the next meeting. It was agreed that the wording would be changed to "If notification is not given, the action may be deferred to the next meeting." Cncl. Lehman also has a concern of retracting the language concerning no new business undertaken after 11:00 p.m. His concern is that when it gets really late the best decisions on agenda items are not made. I He would like to keep the 11:00 p.m. rule in place. Cncl. Whiting and Cncl. Clay agree. It was decided ' to keep the wording in place. � Cncl. Lehman would like to keep the wording "... discouraaing cumbersome, lengthy, and numerous , amendments to a motion will be discoura�ed." � Cncl.Lehman asked who would decide if there was a conflict of interest if a council member abstained from a vote on an issue. Mr. Thomson advised that the council member would make that decision in I consultation with the city attorney. � �� � I O�iicial P��cee�tin�s oi �i�e Tanuary 3, 20I2 Shal:opee City Council p aae ; � , Lehman/Clay moved to approve and endorse the Council Meeting Procedures, as outlined in the January 3, 2012 memorandum from Mayor Tabke, and clarified at tonight's meeting. Motion carried 4-0. � Cncl. Lehman asked for the removal of �.F.6, 2012 Liaison Appointments because he had questions � regarding the Mayor's appointment to the Interview Committee. Mr. Lehman said he has concerns about the Mayor being on the Interview committee because people may interpret it as the Mayor appointing certain people to certain committee's to further his own personal vision. Cncl. Lehman would like to see the Mayor start out in a position of neutrality and not be a part of the interview committee, as has been the case in the past. I I , CncL Whiting said he would like to see the Mayor try out the position far a year. I I �, Whiting/Clay moved to approve the officer/liaison appointments of Council members as recommended in the January 3, 2012 memorandum from Mayor Tabke. Motion carried 3-1 with Cncl. Lehman opposinQ. i� Bruce Loney, Public Works Director, said that Greg Felt, Scott County Project Manager, would like to i update Council on the status of the C.R. 69 Improvement Project. Mr. Felt discussed the project schedule, cost sharing, access issues and lighting with regard to the C.R. 69 ' corridor from T.H. 169 to Atwood Street. The project is scheduled to start April 15, 2012 with a I � substantial completion date of November 15, 2012. Final completion will be June of 2013. The project , cost is estimated to be $9,379,530 with a City participa�ion cost of $777,850. Mr. Felt also said that all '� access management issues have been resolved. He noted that there were 28 entrances in a six block area �� i and that 17 are remaining. Mr. Loney stated that the CR 69 Improvement Project will be on the next agenda so the county can Do out for final bids. He noted that the City's costs are in the CIP and that they may be less than identified in the ' CIP. I� Mr. Leek presented Council with the Discussion of Shakopee Mdewakanton Sioux Community (SMSC) � to Put Two Parcels of Land in Shakopee into Trust. '� Mr. Leek said that SMSC has made application for two parcels of land in Shakopee to be placed in trust. I As part of the application the Tribe also requests that the parcels be declared to be part of the Tribe's ' reservation. The application is for approximately 130 acres located in eastern Shakopee along CR 16. The other parcel is about 2.5 acres in size and is located along Dakotah Parkway. � Mr. Leek said that the Cit became aware of b th 1� i y o app ications when it received, from the Midwest Regional Office (MRO) of the Bureau of Indian Affairs (BIA), copies of undated letters from the MRO to I � the Tribe acknowledging receipt of the applications. , i Mr. Leek said that the letters did not comply with the process set forth in the consent decree entered into �, in 2005 by the City of Shakopee and the BIA, the City sent a series of letters to the MRO attempting to get the process back on track and to obtain full copies of the applications. The Tribe has also requested that the BIA find there is no need for National Environmental Protection Act (NEPA) environmental analysis for these acquisitions. Mr. Leek said that this kind of analysis is key to � the City and the Tribe having a clear understanding of the long term impacts on land use, transportation 'I and other infrastructure. The NEPA analysis would and should occur for future acquisitions which were key to the City's decision to enter into the consent decree with the BIA. I I , i Ofi�cial Froceedings of the January 3, 2012 Sha%opee City Council Page 4 i Mr. Leek said that an extension of the comment period was sought and approved and that the City will have to submit comments by the end of January that address issues such as loss of tax base and land use conflict. Mr. Leek discussed the Tribes need to take the land into trust citing energy diversity, sovereib ty, transportation and land consolidation. Mr. Leek said that the Scott County Board submitted its comments on the application to the BIA citing that the applications do not provide enough information I to determine whether the proposes would further rehabilitate the Indian's economic life and that the applications are contrary to the current law of the land, the U.S. Supreme Court decision in Carcieri vs. � Salazar. Bill Rudnicki, Tribal Administrator, discussed the procedure of land trust and agreements they have � participated in in the past. He also commented on the many other intergovernmental ab eements the Tribe has been involved in and that the Tribe owns land that they pay some property tax in Scott County. � Cncl. Lehman said he would like to see a Comprehensive Plan provided by the Tribe that discusses current and future land use and transportation needs. Cncl. Whiting said he wants to make sure the consent decree has been followed, find ways that the City and Tribe can work tobether towards mutual long term goals, and for land development there is a need for the environmental impact to be looked at. Cncl. Clay stated that the current issues are not different from the issues before the consent decree. He would like the City to also comment on the Carcieri vs. Salazar decision that the County has commented on in their letter. Cncl.Lehman asked if the city can find out how many acres a tribal member needs and the long term needs. CncLWhiting would like to ask the development needs and how this is reflected to the � Reorganization Act of 1934. Cncl.Clay suggested that an ongoing joint commission be formed to include j Scott County, Prior Lake, Shakopee and the Tribe to look at environmental and transportation needs. i Mr. McNeill said that he would take the council's comments to the Tribe and get answers so that council could make a more informed decision in two weeks as to what should go on record as far as comments I and questions to the BIA. Cncl. Lehman asked that Cncl. Punt be informed of the discussion so she can I make comments also. i Kris Wilson, Assistant City Administrator, presented Council with the Appraisal of the Downtown Fire � � Station. � � Ms. Wilson said that a professional appraisal was obtained of the 2 Avenue building. The estimated I i market value is $585,000. Ms. Wilson said the possible alternatives for the building are to put the I , building up for sale; retain the buildinb in its current state for storage purposes; remodel the building for i an alternative use; or lease the buildin�. I After a long discussion, it was agreed upon that the building should be put up for sale. I Lehman/Clay moved to pursue alternatives for selling the downtown fire station building. Motion carried i 4-0. I � Mr. McNeill provided Couneil with the Goals and Objectives Workshop. Mr. MeNeill said that followinb I election of each new Council, it has been recent practice of the City Council to establish mid-range goals I and objectives for the City of the two years that the group of five individuals would be in office. Everyone agreed that there should be a meeting to establish goals and objectives of the City. I I — — — — — — — — — — - � .C" �„ A � i O�t�.,l�l Prc�ceed�n�s of fh., January �, 2012 Shalcopee City Council Pa�e 5 '� I I Mr. McNeill also asked if the Council would want to have an outside facilitator run the goals and i objectives meeting. Mr. McNeill said that the cost to hire an outside facilitator could be $1,000 to $3,000. Whiting/Lehman moved to table the decision to hire an outside facilitator for a workshop to establish Goals and Objectives for the City until the next meeting. Motion carried 3-1 with Cncl. Clay opposing. Mayor Tabke asked there were any other Council member reports. Cncl. Clay said he attended the � Shakopee Public Utilities Commission meeting. He said they voted to light the newly refurbished Hwy 101 walking bridge and they will be asking the City for cost participation. The bridge has not yet been transferred to the County's ownership. He also reminded the public that if they have trees that need � trimming because they interfere with powering lines, they are encouraged to contact Shakopee Public � Utilities to have them tr the trees. Cncl. Whiting said that he will be attending the publi� meeting regarding the proposed fence around the women's state prison. Cncl. Lehman and Mayor Tabke had nothing to report. i Lehman/Whiting moved to adjourn to Tuesday, January 17, 2012 at 7:00 p.m. Motion carried 4-0. The Council meeting ended at 9:26 p.m. ' ' ' ��ti � � , " � "� ,�.� � � I � J dith S. Cox � `-�City Clerk � Kim Weckman I Recording Secretary I i � � I I I i I � I i I I I I � � I I I � I