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HomeMy WebLinkAbout4.F.2. Approval of Minutes: November 07, and 20, 2012 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 7, 2012 1. Roll Call Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken. Present: Mayor Brad Tabke, Councilors Pamela Schurman, Matt Lehman, Steve Clay and Jay Whiting. 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; Jamie Polley, Parks, Recreation & Natural Resource Director; and Jim Thomson, City Attorney 2. Pledge of Allegiance 3. Approval of the Agenda Schurman/Clay moved to approve the agenda as amended. Motion carried 5 -0. 4. Consent Business Cncl. Lehman asked to remove from the Consent Agenda items 4.C.3, Comments on Scott County's Draft Capital Improvement Program and 4.F.5, Establishment of Funds for Accounting Process. Lehman/Whiting moved to approve the Consent Agenda. Mr. McNeill read the Consent items. Motion carried 5 -0. 4.A.1 Lehman/Whiting offered Resolution No. 7246, A Resolution Approving the Final Plat of Kristal Estates, subject to the conditions presented. (Motion carried under the Consent Agenda) 4.B.1 Lehman/Whiting offered Resolution No. 7243, A Resolution of the City of Shakopee, Minnesota Amending the 2012 Grant Agreement for the Southwest Metro Drug Task Force to include the same level of funding through 2013. (Motion carried under the Consent Agenda) 4.B.2 Lehman/Whiting moved to declare the listed property surplus and authorize its disposal per City Code. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Whiting moved to authorize staff to purchase one (1) new Toro Groundsmaster 5910 -D 16' mower from MTI Distributing using National IPA Bid Pricing for the purchase price of $94,820.41. The funding to be equally expended from the Capital Equipment Fund and Surface Water Fund. (Motion carried under the Consent Agenda) 4.C.2 Lehman/Whiting offered Resolution No. 7248, A Resolution Accepting Work on the Lift Station L16 VFD Replacement & Back Up Control System, and move its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the November 7, 2012 Shakopee City Council Page 2 4.F.1 Lehman/Whiting moved to approve the bills in the amount of $544,295.47 and electronic transfers in the amount of $398,264.97 for a total of $942,560.44. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Whiting moved to approve the minutes of October 2, 2012, October 9, 2012 and October 16, 2012. (Motion carried under the Consent Agenda) 4.F.3 Lehman/Whiting moved to authorize staff to spend up to $25,000 for Phase 3 of needed furnishings and window treatments for City Hall. (Motion carried under the Consent Agenda) 4.F.4 Lehman/Whiting moved to approve the applications and grant a massage therapy business license and a massage therapist license to Kristin Pufahl. (Motion carried under the Consent Agenda) 5. Recognition of Involved Citizens by City Council. Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on the Agenda. No one responded. 6. Public Hearing: None 7. Business removed from the Consent Agenda. Cncl. Lehman asked that 4.C.3, Review of Scott County's Draft Capital Improvement Program (CIP) be removed from the Consent Agenda because he did not have time to read the revised letter on the table. He also asked about the timing between the County's CIP and the City's CIP's. Bruce Loney, Public Works Director /Engineer, stated that the County's CIP extends out further than the City's CIP. Cncl. Lehman had concerns about a County project being moved up to 2016 which is not on the City's CIP. Mr. Loney said that because the project is moved up on the County's CIP, this will result in discussion during next years' budget sessions regarding the City's funding portion related to the project. Whiting /Lehman moved to approve directing staff to submit the attached letter on comments of the County's Draft Capital Improvements Program (CIP), as presented. Motion carried 5 -0. Cncl. Lehman asked for the removal of 4.C.5, Establishment of Funds for Accounting Process, because he doesn't understand the process and how it is going to work. Julie Linnihan, Finance Director, said during recent review of the funds that have been held in the Escrow fund, several of these payments were determined to be more appropriately recorded in Special Revenue funds or in Capital Project funds, as these funds received by the City will not be returned based on the initial development agreement or other specific language. The use of the newly created funds will allow staff to accurately track them. Lehman/Schurman moved to approve the establishment of the newly created Special Revenue funds and the Capital project funds. The funds will be transferred from the existing Escrow Fund, fund 8040. Motion carried 5 -0. Official Proceedings of the November 7, 2012 Shakopee City Council Page 3 8. Recess for Economic Development Authority Meeting None 9. Reconvene 10. General Business 10.A.1 Michael Leek, Community Development Director, presented Council with the Discussion of Chamber of Commerce Public Policy Committee (PPC) Recommendation Regarding 2012 Sign Ordinance Study. Mr. Leek said that the Chamber of Commerce will be presenting the recommendations from their study of sign regulations in the City of Shakopee. They presented their recommendations to the Economic Development Authority Commission and the Planning Commission. Both have indicated they are interested in reviewing the sign regulations. Mr. Leek introduced Angie Whitcomb, President of the Chamber of Commerce and Kevin Wetherelle of the Chamber's Public Policy Committee. Ms. Whitcomb provided background that lead up to the need of some changes to the current sign ordinance. She said the Public Policy Committee began researching Shakopee's sign ordinance as well as sign ordinances of other communities. Mr. Wetherelle discussed the sign ordinance study that examined the current Shakopee sign ordinance to see how it was impacting local businesses. He talked about the processes used in the study which included reviewing the current ordinance, public house events to discuss the existing ordinance and review ordinances from other municipalities to compare them to Shakopee. Mr. Wetherelle discussed the findings from the study where several themes repeated themselves. He also talked about possible solutions that the PPC came up with after their meetings from the businesses. The business community, through the Shakopee Chamber, would like to see City staff commence a comprehensive review of the sign ordinance that takes into consideration the current demands of varying business centers in town, the desire of the City to be an economic development leader, and the need for reasonable sign regulation. Lehman/Whiting moved to direct staff to continue to work to update the City's current sign regulations as outlined in the Chamber study. Discussion followed. Cncl. Lehman pointed out that not everyone will be happy even if the sign ordinance is updated. He also said that if a new or revised sign ordinance is developed, he said the Council should not waiver from the ordinance to appease individual business owners. Mayor Tabke asked for a vote on the motion. Motion carried 5 -0. 10.E.1 — Quarry Lake Park Concept Plan Jamie Polley, Parks, Recreation and Natural Resources Director presented Council with the concept plan of Quarry Lake. Official Proceedings of the November 7, 2012 Shakopee City Council Page 4 Ms. Polley said that staff is seeking approval of a preliminary layout for Quarry Lake Park for two reasons. The first reason is to have a preliminary plan for the park that can be presented to prospective users of the adjacent former ADC building. The second reason is to bring in excess fill from other city projects to the site. As such, it has become apparent that a site plan is needed in order to bring in the fill to proper locations. Ms. Polley said the Park and Recreation Advisory Board (PRAB) reviewed and discussed a preliminary layout for the park. Staff worked to incorporate the desired items into two concept plans that were reviewed by the PRAB. Ms. Polley said that approving a concept plan at this time does not put a timeline on the project. The plan will be used for site preparation as resources become available. Clay /Schurman moved to approve the concept plan B1&2 without modifications for Quarry Lake Park. Motion carried 5 -0. 10.F.1 TAC Recommendation on Paperless Packet Project Kris Wilson, Assistant City Administrator, stated that in September, Council heard a staff presentation and recommendation to invest in paperless meeting packet software and hardware. At that time Council voted against proceeding with the project, and then voted to refer the issue to the Telecommunications Advisory Commission (TAC) for further review. The TAC has now considered the issue and prepared a recommendation on the subject for Council to consider. The TAC is recommending that the Council approve the purchase of Agenda Quick software, three iPad tablets and an improved Wi -Fi system for the main floor of City Hall at a cost not to exceed $26,000, to be funded from the R &D fund in the Telecom Division budget. Whiting /Schurman moved to approve the purchase of Agenda Quick software, Wi -Fi hardware, and three iPads at a cost not to exceed $26,000 from the Telecom Division R &D fund. Discussion followed. Cncl. Clay asked for clarification of the public's access to the information. Ms. Wilson explained that with the new software the public will be able to access the information and search data much more quickly. Mayor Tabke asked for a vote on the motion. Motion carried 4 -1 with Cncl. Lehman opposing. 11. Council Members' Reports Cncl. Whiting had nothing to report. Cncl. Clay attended the Shakopee Public Utility Commission Meeting. He said the water and oversized pipes are in the Valley Creek Crossing development. Cncl. Lehman attended the 69/169 joint meeting with the townships; 169 Corridor Coalition at Canterbury, at which time Canterbury presented their future vision for the facility. Cncl. Schurman had no report. Mayor Tabke spoke with Shakopee Rotary about what's going on in the City, and its budget. He also attended the League of Minnesota Cities meeting; American Legion dinner and spoke to them; St. Francis Community Advisory Committee to discuss community health needs. 12. Other Business Cncl. Whiting asked if the City put aside money in the budget for voter I.D. issues. Mayor Official Proceedings of the November 7, 2012 Shakopee City Council Page 5 Tabke said there was no money set aside for that in the budget. Cncl. Lehman asked if anyone read the legislative agenda put out by the Metro Cities Association and if they agree with the agenda. He also wanted it on record that he does not agree with the agenda. Mayor Tabke said the organization is advocating for local control on various issues with regard to the legislative agenda. Clay /Whiting moved to let the record show that Cncl. Lehman has significant philosophical issues and disagrees with the Metropolitan Cities legislative policies. Motion carried 3 -2 with Cncl. Lehman and Schurman opposing. Lehman/Schurman moved to direct staff to make the legislative agenda proposed by Metro Cities Association available on the City of Shakopee website. Motion carried 5 -0. 13. Adjourn Lehman/Schurman moved to adjourn to Tuesday, November 20, 2012 at 7:00 p.m. Motion carried 5 -0. Meeting ended at 8:36 p.m. lie A. Linnihan Finance Director /City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 20, 2012 1. Roll Call Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken Present: Mayor Brad Tabke, Councilors Pamela Schurman, Matt Lehman, Steve Clay and Jay Whiting. Staff Present: Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Michael Leek, Community Development Director; Bruce Loney, Public Works Director/Engineer; Julie A. Linnihan, Finance Director /City Clerk; Jamie Polley, Park, Recreation, and Natural Resources Director; Jeff Tate, Police Chief and Jim Thomson, City Attorney. 2. Pledge of Allegiance 3. Approval of the Agenda Whiting /Clay moved to approve the agenda. Motion carried 5 -0. 4. Consent Business Cncl. Clay asked for the removal of 4.F.6. January Council Meeting Date — Resolution No. 7254. Lehman/Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the consent items. Motion carried 5 -0. 4.A.1 Lehman/Whiting moved to approve the attached Agreement for the Northland Business systems Hardware and Software Support Agreement for the Winscribe digital dictation system. (Motion carried under the Consent Agenda) 4.A.2 Lehman/Whiting moved to declare the listed property surplus and authorize its disposal per City Code. (Motion carried under the Consent Agenda) 4.A.3 Lehman/Whiting moved to declare the 2004 Honda Odyssey, VIN: 5FNRL18654B076222; and the Mini motorcycle, pocket bike, engine number: LY1E40F -64 as surplus property. (Motion carried under the Consent Agenda) 4.B.1 Lehman/Whiting moved to authorize staff to purchase a new Elgin Pelican Waterless street sweeper from MacQueen Equipment, Inc. for the price of $214,507.74. The funds are to be expended from the Surface Water Enterprise Fund. (Motion carried under the Consent Agenda) 4.B.2 Lehman/Whiting moved to purchase boxes, hoists, plows, spreaders, controls and accessories including set -up from Towmaster Truck Equipment for the price of $221,717.08 The Official Proceedings of the November 20, 2012 Shakopee City Council Page 2 funding for purchase are to be expended from the Capital Equipment Internal Service Fund. (Motion carried under the Consent Agenda) 4.C.1 Lehman/Whiting moved to authorize the appropriate City officials to enter into the proposed Administrative Services Agreement with Alliance Benefit Group, for services related to employee Flexible Spending Accounts and Health Savings Accounts. (Motion carried under the Consent Agenda) 4.C.2 Lehman/Whiting moved to grant Jesse Wilson full -time, regular status as a Mechanic. (Motion carried under the Consent Agenda) 4.C.3 Lehman/Whiting moved to grant full -time regular status to Sgt. Fred Radde of the Shakopee Police Department. (Motion carried under the Consent Agenda) 4.C.4 Lehman/Whiting moved to grant Melissa Schlingman full -time, regular status in her position as an Accountant. (Motion carried under the Consent Agenda) 4.C.5 Lehman/Whiting moved to authorize the hiring of Kristin Holtz for the part-time position of Communications Coordinator, at Step E of Grade 6 of the 2012 Non -Union Pay Plan, subject to successful completion of the required pre - employment screenings. (Motion carried under the Consent Agenda) 4.C.6 Lehman/Whiting moved to accept, with regret, the resignation of Lisa Jeurissen from the position of Public Works Secretary, effective November 28, 2012. (Motion carried under the Consent Agenda) 4.D.1 Lehman/Whiting offered Resolution No. 7252, A Resolution Accepting the work of Chard Tiling & Excavating, Inc. on Green Meadows Park Improvements and Authorizing Final Payment, project PR 2011 -1 and move its adoption. (Motion carried under the Consent Agenda) 4.D.2 Lehman/Whiting offered Resolution No. 7253, A Resolution of the City of Shakopee, Minnesota Accepting Donation of Batting Cages from the Shakopee Youth Baseball Association and the Shakopee School District. (Motion carried under the Consent Agenda) 4.E.1 Lehman/Whiting offered Resolution No. 7251, A Resolution Setting a Public Hearing Date to Consider the Vacation of Right -Of -Way. (Motion carried under the Consent Agenda) 4.F.1 Lehman/Whiting moved to approve the bills in the amount of $648,153.74 and electronic transfers in the amount of $481,301.93 for a total of $1,129,455.67. (Motion carried under the Consent Agenda) 4.F.2 Lehman/Whiting moved to approve the minutes of October 30, 2012. (Motion carried under the Consent Agenda) Official Proceedings of the November 20, 2012 Shakopee City Council Page 3 4.F.3 Lehman/Whiting moved to authorize the appropriate city staff to renew the City's Laserfiche Software Assurance Plan for an amount not to exceed $20,405, to be funded from the IT fund. (Motion carried under the Consent Agenda) 4.F.4 Lehman/Whiting moved to 1.) approve application and grant a massage therapy license to J & M Mocol, LLC, dba I Zen Spa, 1667 17 Ave. East, Suite 107. 2.) approve the applications and grant a massage therapist license to Victoria Vandriessche and Karrye Fiihr. (Motion carried under the Consent Agenda) 4.F.5 Lehman/Whiting offered Resolution No. 7249, A Resolution Providing Workers' Compensation Coverage For Shakopee City Council Elected Officials and move its adoption. (Motion carried under the Consent Agenda) 5. Recognition Of Involved Citizens By City Council Mayor Tabke asked if there was anyone in the audience that wished to speak about a concern not on the agenda. No one responded. 6. Public Hearing: Renewal of 2013 Currency Exchange Licenses — Resolution No. 7250. Clay /Schurman moved to open the public hearing. Motion approved 5 -0. Julie A. Linnihan, Finance Director /City Clerk asked Council to approve the applications for Madison Financial Companies and DRM LLC of Shakopee for currency exchange licenses. The Police Department has advised that they are unaware of any reason for the City of Shakopee to object to the granting of the licenses for these applicants. Mayor Tabke asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Clay /Whiting moved to close the public hearing. Motion approved 5 -0. Whiting /Lehman offered Resolution No. 7250, A Resolution Approving the Applications of Madison Financial Companies dba MoneyXchange and DRM LLC of Shakopee dba Excel Pawn for a Currency Exchange License and move its adoption. Motion carried 5 -0. 7. Business Removed from Consent Agenda. Cncl. Clay said he asked for the removal 4.F.6., Resolution No. 7254, A Resolution Changing the January 1, 2013 Council Meeting Date, from the Consent Agenda is because in the memo the recommended meeting date is Wednesday, January 2, 2013. Cncl. Clay said he has a conflict on that date and asked if both meetings in January could be held on the 2" and 4 Tuesday instead of the usual 1 and 3 Tuesdays of the month. Mr. McNeill said he could check in to changing the meeting dates and have an answer by the end of the Council meeting. Official Proceedings of the November 20, 2012 Shakopee City Council Page 4 Clay /Whiting moved to table. Motion carried 5 -0. 8. Recess for Economic Development Authority Meeting. Lehman/Schurman moved to recess for the Economic Development Authority Meeting. Motion carried. 5 -0. 9. Reconvene Mayor Tabke reconvened the meeting at 7:18 p.m. 10. General Business 10.D.1 Concept Plan Approval for Parcel 75 Park Jamie Polley, Director of Parks, Recreation and Natural Resources, said the Parks and Recreation Advisory Board (PRAB) and the Environmental Advisory Committee (EAC) held a joint meeting to discuss the uses and concepts of a park on Parcel 75. The EAC and PRAB came to an agreement and voted 8 -3 to recommend a preliminary site plan including a dog park, trails, parking area and the future 3rd fire station to the City Council. They also recommended that the hockey rink be located on the north side of Southbridge parkway going north and south. Ms. Polley also discussed the Vegetation Management Plan for the parcel that include treat/manage oak wilt, manage invasive plant species, rejuvenate the native plant community and manage human disturbance. Clay /Schurman moved to approve Concept Plan A for the Parcel 75 Park and direct staff to obtain citizen comments prior to final design. Motion carried 5 -0. 10.D.2 Facility Improvement Projects Ms. Polley asked Council to the approve the maintenance and painting of the exterior of the Community Center and installation of a sprinkler system at the SandVenture Aquatics Park utilizing funds from the Park Asset fund. The cost to upgrade the sprinkler system at the SandVenture Aquatic Park is approximately $15,000. There will be an annual monitoring cost of the sprinkler system that will increase by approximately $300 per year above the current contract costs. The estimated cost to paint the exterior of the Community Center is $65,000. The price includes removing the existing caulk, caulking the cracks and joints, and painting the entire facility. Schurman/Clay moved to 1.) approve the maintenance and painting of the exterior of the Community Center utilizing funds from the Park Asset Fund and proceed with quotes. 2.) moved to approve the installation of a sprinkler system at the SandVenture Aquatics Park utilizing funds from the Park Asset Fund. Discussion followed. Cncl. Lehman asked that Fire Official Proceedings of the November 20, 2012 Shakopee City Council Page 5 Chief Coleman contact him about the sprinkler system. Mayor Tabke asked for a vote on the motion. Motion carried 5 -0. 10.E.1 Consideration of Amendments to Contract for Private Development (CPD) between the City of Shakopee and All Saints Senior Living of Shakopee, LLC (All Saints). Michael Leek, Community Development Director, said the EDA is being asked to approve the first amendment to the Contract for Private Development between the City of Shakopee and All Saints, and to consent to pledge of TIF between All Saints and Traditional Capital Bank. Mr. Leek said the project developer wishes to increase the number of units to 84, which requires an amendment to the CDP. Related to the amendment of the CPD is the request that the City and EDA consent to the pledge of tax increment note between All Saints and Tradition Capital Bank. Clay /Schurman offered Resolution No. 7256 approving the first amendment to the CPD between the City of Shakopee, EDA for the City of Shakopee and All Saints Senior Living of Shakopee, LLC and the consent to the pledge of tax increment note between All Saints and Tradition Capital Bank. Motion carried 5 -0. 10.E.2. Preliminary and Final Plat of Shakopee Catholic Community Plat Land Conditional Use Permit for Senior Housing. Mr. Leek said that Trident Development LLC has submitted an application for preliminary and final plat approval of Shakopee Catholic Community Plat 1 and Conditional Use Permit approval for senior housing. The Planning Commission reviewed the request for preliminary plat and CUP and has recommended approval, subject to condition of the plat and the CUP. The applicant revised the preliminary plat drawings based on the requests from the Planning Commission. Mr. Leek said the applicant has submitted a letter requesting a reduction in the park dedication fees that would be due for the project. Based on the adopted fee schedule, this project would have a total park dedication fee of $373,800. The applicant is requesting that the park dedication requirements be reduced based on the negligible impact he feels the residents of the facility would have on the City's park system. Scott O'Brien, Trident, asked Council to reduce the park dedication fee from $373,800 to $231,000. Mr. Leek suggested to Council to direct staff by motion to evaluate the reduction in the park dedication fee. Clay /Whiting offered Resolution No. 7255, A Resolution Approving the Preliminary and Final Plat of Shakopee Catholic Community Plat 1 and a Conditional Use Permit for Senior Housing. Motion carried 5 -0. Official Proceedings of the November 20, 2012 Shakopee City Council Page 6 Schurman/Whiting moved to direct staff to research and evaluate the request to reduce the park dedication fees as requested by the applicant. Motion carried 3 -2 with Tabke and Lehman opposing. 10.F.1 2013 General Government Buildings Project. Kris Wilson, Assistant City Administrator, asked Council to review and provide feedback on a draft plan for 2013 capital projects to be funded out of the Internal Service Fund for General Governmental Buildings. Ms. Wilson provided Council with a list of proposed projects at an expenditure of $726,392. The proposed projects will have no direct impact on the City's General Fund operating budget, as they are to be funded out of the Internal Service Fund for General Government Buildings. Clay /Lehman moved to direct staff to proceed with planning and development of the proposed building projects with amendments. Motion carried 5 -0. 10.F.2. Selection of Listing Agent for Former Fire Station. Ms. Wilson asked Council to select a listing agent for the former fire station at 2 and Scott Street. The two agents who responded to the request are Randy Kubes of Kubes Realty, and Bill Wolfson, Coldwell Banker Burnet. Mr. Kubes proposed listing the property for 6 months at a 5% commission. Mr. Wolfson proposed a one year listing and a 6% commission. Lehman/Whiting moved to direct the appropriate City officials to enter into a listing contract with Randy Kubes, Kubes Realty for the sale of City -owned property located at 334 Second Ave., West. Motion carried 4 -1 with Cncl. Clay opposing. 4.F.6 January Council Meeting Date The subject issue was removed from the table. Mr. McNeill advised Council that the January meetings can be moved to January 8 and January 22 2013. Lehman/Schurman directed staff to bring back to the next Council meeting a resolution to change the January meetings from January 2, 2013 and January 16, 2013 to January 8, 2013 and January 22, 2013. Motion carried 5 -0. 11. Council Member Reports Cncl. Schurman had nothing to report. Cncl. Lehman attended the American Legion Veterans Day ceremony. Cncl. Clay attended the Shakopee Public Utility Commission meeting. The Water Department received an award from the Minnesota Department of Health for its water fluoridation program. He talked about an electrical problem at a substation. Cncl. Whiting attended the Shakopee School District's environmental scan. He also attended the news Official Proceedings of the November 20, 2012 Shakopee City Council Page 7 conference from the MPCA on the health of the Minnesota River. He said the oxygen levels are improving. 12. Other Business Mayor Tabke talked about the Movember participation in which men grew facial hair to raise funds to support men's health issues. 13. Adjourn Whiting /Clay moved to adjourn to Tuesday, December 4, 2012 at 7:00 p.m. Motion carried 5 -0. Meeting adjourned at 9:24 p.m. ;y Julie A. Linnihan City Clerk Kim Weckman Recording Secretary