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HomeMy WebLinkAbout01/03/2012 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE,MINNESOTA JANUARY 3, 2012 LOCATION: Council Chambers, City Hall, 129 Holmes Street South SFiakopee 9Kission Statement 2�ie�Yti.ssion of tFie City of SFiakopee is to provide tFie opportunity to Cive, workand pCay in a community witFi a proud past,promi.ring future, and smaCC-town atmospFiere wit(zin a metropoCitan setting. Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each agenda item: A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B. Positively manage the challenges and opportunities presented by growth,development and change. C. Maintain the City's strong financial health. D. Maintain,improve and create strong partnerships with other public and private sector entities. E. Deliver effective and efficient public services by a staff of well-trained,caring,and professional employees. F. Housekeeping item Oath of Office by Newly Elected and Re-elected Officials Mayor Brad Tabke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Deleted 5] Consent Business—(All items listed in this section are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered following the public hearing portion of the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A] Public Works and En 'g�neering B] Parks, Recreation and Natural Resources , C] Police and Fire TENTATIVE AGENDA January 3, 2012 Page 2 5] Consent Business continued: D] Communitv Development 1. Master Lease Agreement for Public Transit Vehicles (F) 2. Automatic Vehicle Locating Draft Operating Agreement(F) E] Personnel 1. Completion of Probationary Period—Tamara Helgeson (E) 2. Appointment of Fire Department Engineers and SCBA Coordinators (E) 3. Resignation/Retirement of Patricia Pennington, Engineering Secretary, Resolution No. 7157 (F) 4. Acceptance of Resignation—Engineering Technician Jeff Evans (F) F] General Administration 1. Approve Bills in the Amount of $974,030.38 (C) 2. Approve Minutes of December 20, 2011 (F) 3. Designation of Official Newspaper(F) 4. First February Meeting—Date Change (F) 5. Council Meeting Procedures (F) 6. 2012 Liaison Appointments (F) 6] RECOGNITION OF INVOLVED CITIZENS BY CITY COUCNIL—(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 7] Continuation of public hearing on the proposed vacation of a portion of Clay Street North of First Avenue—Resolution No. 7156 (B) 8] Business removed from the consent agenda will be discussed at this time 9] Deleted 10] Recess for Economic Development Authority Meeting: None 11] Reconvene TENTATIVE AGENDA January 3, 2012 Page 3 12] Deleted 13] General Business: A] Public Works and Eng;ineerin� 1. C.R. 69 Improvement Project Status Update by Scott County(B&D) B] Parks, Recreation and Natural Resources C] Police and Fire D] Communitv Development E] Personnel F] General Administration � 1. Discussion of Shakopee Mdewakanton Sioux Community(SMSC)to Put Two Parcels of Land in Shakopee in Trust(B) 2. Appraisal of Downtown Fire Station(B) 3. Goals and Objectives Workshop Discussion (F) 14] Council Members' Reports 15] Other Business 16] Adjourn to Tuesday, January 17, 2012 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ° 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 Attomey and Judith S. Cox, City Clerk. The Pledge of Allegiance was recited. 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. Mayor Tabke asked if there were any additions or deletions to the Consent Agenda. Cncl. Lehman asked to remove S.F.S, 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. 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 Transit Vehicles, and directed staff to communicate again in writing the City's objections to current transit related policies and requesting that they be col�aboratively reviewed with members of the Suburban � Transit Association (STA). (Motion carried under the�onsent Agenda) Lehman/Whiting moved to approve declining to enter into the St. PauUMinneapolis Advanced Regional Transit Communications/Ma.nagement(SMARTCo1V� 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 carried under the Consent Agenda) � Lehman/Whiting moved to grant Tamera Helgeson full-time regular status as Police Records Supervisor. (Motion carried under the Consent Agenda) Lehman/Whiting moved to appoint Robert Indrebo and Allen Johnson as SCBA coordinators and Darren Giese and John Clay as Engineers for the Fire Department, effective January 1, 2012. (Motion carried under the Consent Agenda) Lehman/VVhiting moved to accept,with regret, the resignation of Patricia Pennington, effective January 19, 2011 and to offer Resolution No. 7157, a Resolution of Appreciation for Patricia Pennington, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/VVhiting 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) Ofncial Proceedings of the January 3, 2012 Shakopee City Council Paae 2 � Lehman/Whiting 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/Whiting moved to re-open the public hearing for the Vacation of Public Right-of-Way of a Portion of Clay Street North of County Road 69. Motion carried 4-0 Michael Leek, Community Development Director, said that the City of Shakopee has submitted an 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 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. Whiting/Lehman offered Resolution No. 7156,A Resolution Approving a Vacation of Public Right-of- Way of Clay Street North of 1 S`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 S.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 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. 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"...discouraging cumbersome,lengthy, and numerous a.mendments to a motion will be discouraged." 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 consultation with the city attorney. . � Official Proceedings of the January 3, 2012 Shakopee City Council Page 3 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 S.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. � Cncl. Whiting said he would like to see the Mayor try out the position for a year. 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 opposing. Bruce Loney, Public Works Director, said that Greg Felt, Scott County Project Manager,would like to 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 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 participation 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 and that 17 are remaining. Mr. Loney stated that the CR 69 Improvement Project will be on the next agenda so the county can go 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. 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 txust. 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 City became aware of both applications when it received, from the Midwest Regional Office (MRO) of the Bureau of Indian Affairs (BIA), copies of undated letters from the MRO to .the Tribe acknowledging receipt of the applications. 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 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. Ofncial Proceedings of the January 3, 2012 Shalcopee City Council , Page 4 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, sovereignty,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 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 agreements 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'together 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. Cncl.Whiting 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 Scott County, Prior Lake, Shakopee and the Tribe to look at environmental and transportation needs. 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 and questions to the BIA. Cncl. Lehman asked that Cncl. Punt be informed of the discussion so she can make comments alsa 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"d Avenue building. The estimated market value is $585,000. Ms. Wilson said the possible alternatives for the building are to put the building up for sale; retain the building in its current state for storage purposes; remodel the building for an alternative use; or lease the building. After a long discussion, it was agreed upon that the building should be put up for sale. Lehman/Clay moved to pursue alternatives for selling the downtown fire station building. Motion carried 4-0. Mr. McNeill provided Council with the Goals and Objectives Workshop. Mr. McNeill said that following election of each new Council, it has been recent practice of the City Council to establish mid-range goals 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. Official Proceedings of the Ianuary 3, 2012 Shakopee City Council , PaQe 5 b Mr. McNeill also asked if the Council would want to have an outside facilitator run the goals and � 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 trim the trees. Cncl. Whiting said that he will be attending the public meeting regarding the proposed fence around the women's state prison. Cncl. Lehman and Mayor Tabke had nothing to report. 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. � • J dith S. Cox City Clerk Kim Weckman Recording Secretary