HomeMy WebLinkAbout4.F.2. Approval of Minutes: September 04 and 18, 2012 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA September 4, 2012
Mayor Tabke called the meeting to order at 7:00 p.m.
Present: Mayor Brad Tabke, Councilor's Pamela Schurman, Matt Lehman, Steve Clay
and Jay Whiting.
Absent: No one
Staff Present: Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator;
R. Michael Leek, Community Development Director; Bruce Loney, Public
Works Director/Engineer; Julie A. Linnihan, Finance Director /City Clerk; Jeff
Tate, Police Chief; and Jim Thomson, City Attorney
2. The Pledge of Allegiance was recited.
3. Mayor Tabke asked if there were any additions or deletions to the agenda. Mr. McNeill
said that staff had no changes to the agenda. Clay /Schurman moved to approve the
agenda. Motion carried 5 -0.
4. Mayor Tabke asked if there were any additions or deletions to the Consent Agenda. No
one responded. Whiting /Clay moved to approve the Consent Agenda. Mr. McNeill read
the Consent Agenda. Motion carried 5 -0.
4.A.1. Whiting /Clay offered Resolution Number 7230, A Resolution of the City of Shakopee,
Minnesota, Accepting a Donation of $1,000.00 From The Shakopee Jaycees To Purchase
A Traffic Feedback Sign. (Motion carried under the Consent Agenda).
4.A.2. Whiting /Clay moved to declare a 1991, Toyota Previa, VIN: JT3AC12R4M0062315; a
2000 Honda Civic, VIN: 2HGEJ6619YH594358; and a 2000 Dodge Caravan, VIN:
2B4FP25B1YR584094 as surplus property. (Motion carried under the Consent Agenda).
4.A.3. Whiting /Clay offered Resolution No. 7231, A Resolution Renewing a Joint Powers
Agreement with the Minnesota Internet Crimes Against Children Multi- Agency Task
Force and the State of Minnesota, acting through its Commissioner of Public Safety,
Bureau of Criminal Apprehension. (Motion carried under the Consent Agenda).
4.B.1. Whiting/Clay moved to extend the approval period of the preliminary and final plat of
Kristal Estates to September 4, 2014, and move its adoption. (Motion carried under the
Consent Agenda).
4.B.2. Whiting/Clay offered Resolution No. 7224, A Resolution of the City of Shakopee,
Approving the Request to Reguide Property to Commercial from Business Park to
Commercial; and Ordinance No. 858, Fourth Series, An Ordinance of the City of
Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by
Rezoning Land to Highway Business (B1) from Business Park (BP). (Motion carried
under the Consent Agenda).
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Shakopee City Council Page 2
4.C.1. Whiting /Clay 1. Offered Resolution No. 7225, A Resolution Ordering a Preliminary
Engineering Report for the 2013 Street Reconstruction Project and move its adoption. 2.
Authorized the appropriate City officials to execute an agreement with ITCO Allied
Engineering Company to perform soil borings., and 3. Authorize the appropriate City
officials to execute an agreement with WSB & Associates, Inc. to perform engineering
services. (Motion carried under the Consent Agenda).
4.C.2. Whiting/Clay moved to authorize staff to utilize the re- purchase agreement with Ag
Power Enterprises, Inc. on unit #134 a 2011 John Deere 5085 Tractor for the price of
$4,723.88 with the funds to be expended from the Internal Service Equipment Fund.
(Motion carried under the Consent Agenda).
4.C.3. Whiting/Clay 1. Moved to approve a change order to add a maintenance trail connection
from Ramsey Street to the Upper Valley Trail. 2. Moved to approve an additional
$20,000 to the original contract to be used for maintenance trail connection and quantity
adjustments for the project. (Motion carried under the Consent Agenda).
4.D.1. Whiting /Clay moved to accept with regret the resignation of Marty Glynn from the
Shakopee Fire Department effective September 30, 2012; and offer Resolution No. 7229,
a Resolution of Appreciation for Marty Glynn, and move its adoption. (Motion carried
under the Consent Agenda).
4.D.2. Whiting /Clay moved to authorize the appropriate officials to enter into the rate
verification and service agreements with Financial Concepts, Inc. for calendar year 2012.
(Motion carried under the Consent Agenda).
4.F.1. Whiting /Clay moved to approve the bills in the amount of $637,165.82 and electronic
transfers in the amount of $440,094.74 for a total of $1,077,260.56. (Motion carried
under the Consent Agenda).
4.F.2. Whiting/Clay moved to approve the minutes of August 13, 2012, August 20, 2012, and
August 21, 2012. (Motion carried under the Consent Agenda).
4.F.3. Whiting /Clay offered Resolution No. 7232, A Resolution of the City of Shakopee, MN
Accepting the Work of McPhillips Brothers Roofing for the Replacement of the
Community Center Roof, and Authorizing Final Payment. (Motion carried under the
Consent Agenda).
5. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item
that is not on the agenda.
Jesus Carmauta, 804 First Ave. E., asked Council to reinstate the Condition Use Permit
(CUP) revocation recommended by the Board of Adjustment and Appeals and upheld by
City Council for the vehicle sales on his business property. Mr. Carmauta was advised
by Mayor Tabke to make arrangements for the removal of the gasoline tanks. After the
removal of the tanks, the Council might then consider reinstating the CUP.
Andrew Jansen, 1155 Menke Circle, asked Council to pass a resolution opposing the
marriage amendment.
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Shakopee City Council Page 3
Whiting /Clay moved to direct staff to draft a resolution opposing the marriage
amendment and bring it back to Council on September 18, 2012. Motion carried 3 -2 with
Cncl's Lehman and Schurman opposing.
6. No public hearings.
7. No business removed from the Consent Agenda to be discussed.
8. Schurman/Whiting moved to recess for an Economic Development Authority meeting.
Motion carried 5 -0.
9. Mayor Tabke reconvened the meeting.
10.A. Mr. McNeill presented a discussion regarding the Shakopee Mdewakanton Sioux
Community's (SMSC) objectionable odors emitted from their organics recycling facility.
Mr. McNeill said last fall the SMSC opened the facility on land they own between CSAH
83 and McKenna Rd., south of CR 16. The facility is a commercial enterprise which
composts organic waste. The materials come from several public and private providers.
Shortly after it opened, some the City's elected officials began receiving calls about
problem orders from Shakopee residents who are neighbors to the north of the side. The
calls are especially generated from the Montecito Drive neighborhood. Mr. McNeill said
that several residents were present and would like to discuss the problem with Council.
Also present were representatives from the SMSC recycling facility that had a
presentation about the facility.
Jeff Schwieger, 1759 Montecito Dr., claims the composting site has created odors,
illnesses in humans and pets, and has decreased the value of their homes in the
neighborhood. He would like to know what the Council can do for the residents in the
area.
Stan Ellison, Mike Whitt and Karen Grones of the SMSC recycling facility provided a
presentation about the composting process, rules, regulations, and odor factors related to
the site.
Chris Sifferle, 1771 Montecito Dr., said he purchased his house two years ago and feels
that the value of his house has significantly decreased since the compost recycling facility
has opened.
Jerry Popp, 5055 Eagle Creek Blvd, advised that he also can smell the odors from the
composting site. He also said that there are several other neighborhoods affected by the
odors from the composting site.
Paula Larson, 5025 Eagle Creek Blvd., stated that she believes her dog has allergies
because of the composting site.
Lehman/Clay moved to request Federal Environmental Protection Agency (EPA) to
monitor, test and report back to the City. Also, direct staff to obtain a price from an
engineering company to monitor odors for 48 straight hours at multiple sites in the
Montecito Drive area. Motion carried 5 -0.
Official Proceedings of the September 4, 2012
Shakopee City Council Page 4
Paula Larson, 5025 Eagle Creek Blvd., said that her pet has increased allergies since the
facility opened.
Lehman/Whiting motioned to recess for five minutes. Motion carried 5 -0.
Mayor Tabke reconvened the meeting at 8:45 p.m.
10.B.1 Jeff Tate, Police Chief, presented Council with the Massage Therapy License Ordinance.
Chief Tate said that his department has encountered a number of problems with illicit
massage operations in the city. Neighboring communities currently require massage
businesses and therapists to be licensed. As a result, staff has found that operations not
able to get licensed in other communities are coming instead to Shakopee.
The proposed ordinance would require all massage therapy businesses to be licensed and
inspected. The City would collect a license fee to cover costs. Additionally, the
ordinance would require all massage therapists to undergo a background check by the
police department in order to be licensed.
Jeni Mackenthun, 1195 Elmwood Ave., said she owns a massage business in Shakopee
and supports the ordinance. She described instances of being solicited to perform non-
therapeutic massages.
Molly Dose, 113 Lewis St., co -owner of Balance Bee Bodyworks, also spoke to Council
about her support of the ordinance and has no objections to the fees proposed.
Nicole McLuren, 113 Lewis St., co -owner of Balance Bee Bodyworks, is also in favor of
the proposed ordinance.
Whiting /Clay moved to adopt City Ordinance Number 860, An Ordinance of the City of
Shakopee Adding a New Section 6.45 to the Shakopee City Code Regarding Massage
Therapy Businesses and Massage Therapist Licenses. Motion carried 5 -0.
Lehman/Whiting moved to approve the summary of City Ordinance Number 860 and
also to adopt City Ordinance Number 861, An Ordinance of the City of Shakopee,
Minnesota, Amending the City's Adopted 2012 Fee Schedule for Massage Therapy
Businesses and Massage Therapist Licenses. Motion carried 5 -0.
10.G.1 Kris Wilson, Assistant City Administrator and John Peterson, Telecommunication
Coordinator, presented Council with a report on the acquisition of hardware and software
for paperless meeting packets.
Ms. Wilson discussed the current process of creating and distribution of City Council
agenda packets. She provided copy data for Council as well as the number of packets
distributed.
She said new technology has allowed cities to move forward to paperless agenda packets.
She and John Peterson provided a brief demonstration of AgendaQuick software, which
is the preferred software that staff has researched.
Ms. Wilson said once the agenda packet is created in a paperless form, some type of
electronic reader will be needed to view it. Staff recommends that tablet computers be
purchased and checked out to each elected official, as well as department heads, to use
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Shakopee City Council Page 5
for this purpose. Addition tablet computers would be purchased for Board and
Commission members to use during their meetings.
Ms. Wilson said there would also be a need to invest money to upgrade the wireless
internet connection within the Council Chambers.
Ms. Wilson said the initial cost for hardware and software to support the project is
$44,050. Annual costs to operate and maintain the system are expected to total $12,200.
Funding options to complete the project in 2012 include use of the General Fund fund
balance, or spending down the carry -over balance in the IT Fund. Another option for a
portion of the cost would be the Research and Development Fund within the
Telecommunications Division budget, for and portion of the total cost.
Sean Nelson, 603 E. 8 Ave., stated that because of the current proposal to increase the
tax levy, Council should reconsider the project and not move forward with it.
Whiting/Clay moved to direct staff to purchase the software using the General Fund
balance to pay for it. The motion also directed staff to pass the hardware estimates to the
Telecommunications Advisory Commission (TAC) for further research and comment on
the use of the TAC's research funds. Discussion followed. Ms. Wilson said that the
wireless upgrade would need to be added for individuals to access Wi -Fi. Cncl. Whiting
amended his motion to include money for Wi -Fi upgrades in the Council Chambers and
refer the electrical upgrades to the TAC.
Cncl. Whiting was asked to restate the motion.
Whiting /Clay moved to approve funds from the general fund for the paperless packet
management software at a cost of $18,450 for the first year investment licensing and set
up, and to fund the city hall Wi -Fi connection for $3,000. Motion failed 2 -3 with Cncls.
Clay, Lehman and Schurman opposing.
Lehman/Schurman moved to direct staff to determine a cost cutting measure from the
proposed budget to fund the project, if it's a priority. Ms. Wilson reminded Council that
a list of budget cuts had been given to the Council during a budget workshop session, but
most suggestions were not accepted. Cncl. Lehman withdrew his motion.
Whiting/Clay moved to direct staff to move the acquisition of hardware and software to
the TAC for further discussion. Motion carried 3 -2 with Cncls. Lehman and Schurman
opposing.
10.G.2. Julie Linnihan, Finance Director, presented Council with the 2012/2013 Proposed
Property Tax Levy Resolution No. 7227 and Preliminary Budget.
Ms. Linnihan said that as a result of the workshops held in July and August, the proposed
2013 Property Tax levy provides for a 4.5% ($477,493) increase over 2012, which
includes new initiatives previously discussed by the Council. By agreeing to the
initiatives, the increases for the future 2014 budget will be an additional $187,326.
The consensus of the Council at the final workshop had been that the Council would
work to further refine expenditure issues, prior to the December, 2012 final adoption.
Official Proceedings of the September 4, 2012
Shakopee City Council Page 6
Ms. Linnihan said the 2013 budget also provides for transfers to the Capital Improvement
Fund ($500,000); transfers to the EDA ($300,000) and a transfer to the Debt Service
Fund (60,000). She also provided an overview of the revenues and expenditures.
Ms. Linnihan said that Shakopee is experiencing a taxable market value property decline.
The amount for 2012 is roughly 9% lower than the previous year. The property value
reduction will impact 98% of the residential properties.
Clay /Whiting offered Resolution No. 7227, A Resolution Setting the Proposed Maximum
2012 Property Tax Levy, Collectible In 2013, and moved its adoption. Motion carried 3-
2 with Cncls. Schurman and Lehman opposing.
Mayor Tabke announced that the 2013 budget and property tax levies will be presented
for public input and discussion on December 4, 2012 during the City Council meeting.
10.G.3. Ms. Linnihan presented information regarding the Canceling of Debt Service Levy for
2012/2013. She said the Internal Service Building Fund will transfer money to the debt
service fund for the public works building in 2012 so that the levy for the 2004D bonds
can be cancelled similar to past Council direction. Annually a transfer is made to cover
the principal and interest payments on the specific debt service issue.
Lehman/Clay offered Resolution No. 7228, A Resolution Canceling Debt Service Levy
for 2012/2013, and moved its adoption. Motion carried 4 -1 with Cncl. Whiting opposing.
11. Mayor Tabke asked for Council Liaison Reports. Cncls.Whiting, Lehman and Schurman
had no reports. Cncl. Clay reported that he had attended the Shakopee Public Utility
Commission meeting. Discussion topics included future water storage facilities and
elevated tanks, if development is to continue on higher elevations in the southern part of
Shakopee. Mayor Tabke reported that he had attended the Eagle Creek Transit Station
Grand Opening, and that he had also also attended the funeral for SMSC Chairman
Stanley Crooks.
12. No other business discussed.
13. Clay / Schurman moved to adjourn to Tuesday, September 18, 2012 at 7:00 p.m. Motion
carried 5 -0.
d. v
Julie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 18, 2012
Mayor Tabke called the meeting to order at 7:00 p.m.
Present: Mayor Brad Tabke, Councilors Matt Lehman, Steve Clay and Jay Whiting.
Absent: Cncl. Pamela Schurman
Staff Present: Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator;
R. Michael Leek, Community Development Director; Bruce Loney, Public
Works Director/Engineer; and Jim Thomson, City Attorney
2. The Pledge of Allegiance was recited.
3. Whiting /Clay moved to approve the agenda. Motion carried 4 -0.
4. Lehman asked to add to the consent agenda 10.B.1, Approval of CR 17 Undergrounding
of Overhead Power Lines near St. Francis Hospital and 10.F.1, Appointment of Website
Task Force.
Lehman/Whiting moved to approve the Consent Agenda as modified. Mr. McNeill read
the Consent Agenda. Motion carried 4 -0.
4.A.1. Lehman/Whiting moved to accept the request for termination and offer a motion to
approve Resolution No. 7236, a resolution rescinding the Preliminary and Final Plat of
Interstate Addition, and approve Resolution No. 7237, a resolution rescinding the
Conditional Use Permit for truck and trailer service, exterior storage and multiple
structures on one lot, and moved their adoption. (Motion carried under the Consent
Agenda.)
4.B.1. Lehman/Whiting 1. Offered Resolution No. 7226, 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 move its adoption. 2. Direct a $45.00
administrative fee penalty be added to assessment amounts for City costs. (Motion
carried under the Consent Agenda.)
4.B.2. Lehman/Whiting moved to authorize staff to purchase two single axle cab and chassis
from Boyer International for the price of $168,184.50, with the funds to be expended
from the internal service equipment fund. (Motion carried under the Consent Agenda.)
4.B.3. Lehman/Whiting moved to approve authorizing a 1/3 cost participation amount for the
undergrounding of the existing overhead power lines along County State Aid Highway 17
from just south of 17 Avenue to Betaseed property, with funding out of general fund
balance. (Motion carried under the Consent Agenda.)
4.C.1. Lehman/Whiting moved to promote Philip Sendelbach to the position of police officer, at
Step 1 of the current labor contract effective September 24, 2012; subject to the
successful completion of required pre - employment functional capacity assessment and
Official Proceedings of the September 18, 2012
Shakopee City Council Page 2
the City's standard one -year probationary period. (Motion carried under the Consent
Agenda.)
4.D.1. Lehman/Whiting offered Resolution No. 7234, a Resolution of the City of Shakopee,
Minnesota, Accepting a Donation of carpet tile from Sonus Interiors, Inc., and moved its
adoption. (Motion carried under the Consent Agenda.)
4.E.1. Lehman/Whiting moved to approve the attached amendment to the existing Master Joint
Powers Agreement. (Motion carried under the Consent Agenda.)
4.F.1. Lehman/Whiting moved to approve the bills in the amount of $1,955,090.34 and
electronic transfers in the amount of $491,785.87 for a total of $2,466,876.21. (Motion
carried under the Consent Agenda.)
4.F.2. Lehman/Whiting moved to approve the minutes from August 28, 2012. (Motion carried
under the Consent Agenda.)
4.F.3. Lehman/Whiting offered Resolution No. 7235, A Resolution Changing the November 6,
2012 Council Meeting Date, and move its adoption. (Motion carried under the Consent
Agenda.)
4.F.4. Lehman/Whiting moved to designate meetings for October 30 and November 13 both
at 7:00 p.m. as the dates and times for the discussion of fire budget issues. (Motion
carried under the Consent Agenda.)
4.F.5. Lehman/Whiting moved to appoint Jeremy Casper, Julie Cowell, Mirna Ban Fitzloff,
Syed Habibullah, Mike Haeg, Calah Hansen, Bradley Johnson, Mary Krugerude, Ryan
Love, Shaun Myrold, Michael Niedan-Olsen and Lanae Paaverude to the City of
Shakopee Website Task Force, which is charged with advising staff and the City Council
on the design, layout and overall usability of a new City website, from a user's
perspective. (Motion carried under the Consent Agenda.)
5. Mayor Tabke asked if there was anyone in the audience that wished to speak on an item
that was not on the agenda.
Tom Courchene, 2118 Rock Ridge Circle, said he supports the marriage amendment and
asked to Council reconsider passing a resolution opposing the amendment. He stated that
the marriage amendment does not belong on the city forum. He will also provide to City
staff a resolution for the October 2nd, City Council meeting, to support the constitutional
amendment regarding the marriage issue that will be on the November ballot.
Ryan Peterson, 3606 Karner Dr., Rick Wymer, 3597 Karner Dr., and Joe Peitz, 3613
Kamer Dr., presented Council with a complaint of a farmer spreading manure on a field
behind the neighborhood they live in. They also said the farmer travels through their
neighborhood streets to get to the field leaving manure on the road. They also
complained about the problems they are having with flies. Staff was directed to contact
the person farming the land to try and negotiate a solution.
6. No public hearings.
7. No items removed from the consent agenda to be discussed.
Official Proceedings of the September 18, 2012
Shakopee City Council Page 3
8. Whiting/Lehman moved to recess for an Economic Development Authority meeting.
Motion carried 4 -0.
9. Mayor Tabke reconvened the meeting at 8:12 p.m.
10. Nothing to discuss under General Business.
11. Mayor Tabke asked for Council liaison reports. Cncl. Lehman had nothing to report.
Cncl. Clay attended the Shakopee Public Utility Commission (SPUC) meeting. There
was discussion about the water service hook -up policy which is similar to the City's
sewer hook -up policy. Cncl. Clay said this will most likely be discussed at the October 9.
2012 joint meeting with SPUC. Cncl. Whiting attended the school board meeting, the
Boards and Commissions picnic and the Shakopee Lions Club celebration. Mayor Tabke
attended the Regional Mayors' meeting, and the Boards and Commissions picnic.
12. No other business discussed.
13. Lehman/Whiting moved to recess for a closed session to discuss the sale of real property
(Downtown Fire Station Building.) Motion carried 4 -0.
14. Mayor Tabke reconvened the meeting.
Lehman/Clay moved to reject the offer of the Shakopee Brewing Company for the
purchase of the downtown fire station building. Motion carried 4 -0.
15. Whiting /Clay moved to adjourn to Tuesday, October 2, 2012. Motion carried 4 -0.
Meeting ended at 8:31 p.m.
Julie A. Linn
in iihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary