HomeMy WebLinkAbout10/01/2013 TENTATIVE AGENDA
Shakopee City Council
Regular Session 7:00 p.m. October 1,2013
LOCATION Council Chambers City Hall 129 Holmes Street South
Shakopee Mission Statement
The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud
past,promisingfuture, and small town atmosphere within a metropolitan 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.
Mayor Brad Tabke presiding
1) Roll Call
2) Pledge of Allegiance
3) Approval of Agenda
4) 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) Community Development
1) Rezoning from Light Industry (I-1)to Highway Business (B-1), property east of
CSAH 21, west of Stagecoach Road, and north of Hansen Avenue-Ord.No. 875 (B)
2) Vacation of Right-Of-Way/Drainage &Utility Easements in South Parkview 1st
Addition-Res. No. 7366 (B)
3) Final Plat of Valley Park Business Center 2nd Addition-Res. No. 7365 (B)
Caselog#13-041
B) Police and Fire
1) Abatement of Hazardous Conditions at 6079 Oxford Rd. N.-Res. No. 7367 (A)
C) Public Works and Engineering
1) Authorize the Payment to Scott County for the CR 83 and 12th Avenue Signal
Modification(D)
2) Request from Ryland Homes, Inc. for Extended Work Hours on the Dakota
Crossings Subdivision Project. (D)
3) Authorize the Execution of Cooperative Agreement with Scott County for the
TH169 & CR69 Interchange Project. (D)
4) Authorize use of Re-Purchase Agreement for Unit No. 135 a 2012 John Deere 1445
Mower from Ag Power Enterprises, Inc. (E)
5) Approve Quote from Bituminous Roadways, Inc. for the 2013 Trail Overlay
Project. (A, E)
6) Approve the Purchase of Outlot B in Whispering Oaks Plat (E)
D) Personnel
1) 2014 Employee Health Insurance (E)
2) Authorization to Hire Planner 1 (E)
E) Parks, Recreation and Natural Resources
1) Approve the Construction of Dugout Roofs by the Shakopee Youth Baseball
Association(D)
F) General Administration
1) City Bill List(F)
2) Transfer of Crossroads Liquor of Shakopee LLC Liquor and Tobacco Licenses to
new location. (F)
3) Appointment of Election Judges-Res. No. 7363 (F)
5) RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - (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.)
6) Public Hearings:
A) Public Hearing for Issuance of Solid Waste Revenue Bonds for Recovery
Technology Solutions Shakopee (RTS), LLC (F)
7) Business removed from the Consent Agenda will be discussed at this time
8) Recess for Economic Development Authority Meeting:
9) Reconvene
10) General Business:
A) Community Development
1) City Council determination that the Environmental Assessment Worksheet(EAW)
for the Opus project known as Valley Park Business Center 2nd Addition is
sufficient, and an Environmental Impact Study (EIS) is not required. (B)
B) Police and Fire
1) Pet Store License Ordinance
C) Public Works and Engineering
D) Personnel
E) Parks Recreation and Natural Resources
1) Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity
Homes--1995 Evergreen Ln(B)
F) General Administration
1) Workshop Date--October 23rd(B)
11) Council Members' Reports
12) Other Business
13) Adjourn to October 15, 2013 at 7:00 pm
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA OCTOBER 1,2013
1. Roll Call
Mayor Tabke called the meeting to order at 7:00 p.m. and roll call was taken.
Present: Mayor Brad Tabke, Councilmembers, Jay Whiting,Matt Lehman, Steve Clay and Pat
Heitzman
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; Samantha DiMaggio,
Economic Development Coordinator; Jamie Polley, Parks,Recreation&Natural Resource
Director; Jeff Tate, Police Chief; Jacob Busiahn,Natural Resources Technician; and Jim
Thomson, City Attorney
y
2. Pledge of Allegiance
The Pledge of Allegiance was led by Corey and Steve Rachek of the Boy Scouts.
3. Approval of the Agenda
Mr. McNeill said that items 10.A.1,Resolution 7368,A Resolution Issuing a Negative
Declaration of Need for an Environmental Impact Study and 10.A.2, Resolution No. 7365,A
Resolution Approving the Final Plat of Valley Park Business Center 2nd Addition, could be
moved to the Consent Agenda per the City Attorney.
Whiting/Lehman moved to approve the agenda as amended. Motion carried 5-0.
4. Consent Business
Cncl. Whiting asked to remove 4.C.2,Request from Ryland Homes, Inc. for Extended Work
Hours on the Dakota Crossings Subdivision Project. Cncl. Clay asked to add 10.F.1, Workshop
Date--October 23rd
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the
Consent items. Motion carried 5-0.
4.A.1 Lehman/Heitzman moved to approve Ordinance No. 875, an ordinance approving the
rezoning of approximately 40-acres of land from Light Industrial (I-1)zoning to Highway
Business (B-1)zoning, and move its adoption. (Motion carried under the Consent Agenda)
4.A.2 Lehman/Heitzman Resolution No.7366, a resolution setting the public hearing date to
consider the vacation of public right-of-way/drainage and utility easements. (Motion carried
under the Consent Agenda)
Official Proceedings of the October 1,2013
Shakopee City Council Page 2
4.B.1 Lehman/Heitzman offered Resolution No. 7367, a resolution ordering abatement of
hazardous conditions at 6079 Oxford Road N., and move its adoption. (Motion carried under the
Consent Agenda)
4.C.1 Lehman/Heitzman moved to authorize the Payment of$16,247.61 to Scott County for the
CR 83 and 12th Avenue Signal Modifications. (Motion carried under the Consent Agenda)
4.C.2 Removed from Consent Agenda
4.C.3 Lehman/Heitzman moved to authorize the Execution of Construction Cooperative
Agreement with Scott County on the TH169 &CR69 Interchange Project. (Motion carried under
the Consent Agenda)
4.C.4 Lehman/Heitzman moved to authorize staff to utilize the re-purchase agreement with Ag
Power Enterprises,Inc. on unit 4135 a 2012 John Deere 1445 Mower for the price of$5,027.40
with the funds to be expended from the Internal Service Equipment Fund. (Motion carried under
the Consent Agenda)
4.C.5 Lehman/Heitzman moved to accept and approve the low quote from Bituminous
Roadways, Inc. for the price of$24,445.00 for the 2013 Trail Overlay Project,with funding to be
expended from the Park and Recreation Asset Internal Service Fund. (Motion carried under the
Consent Agenda)
4.C.6 Lehman/Heitzman moved to approve a motion authorizing the Purchase of Outlot B,
Whispering Oaks. (Motion carried under the Consent Agenda)
4.D.1 Lehman/Heitzman moved to authorize the appropriate officials to enter into contracts
with Medica and authorize the continuation of current employer contribution levels for 2014
employee health insurance. (Motion carried under the Consent Agenda)
4.D.2 Lehman/Heitzman moved to authorize the hiring of Alex Sharpe for the position of
Planner 1,at Step F of Grade 6 of the 2013 Non-Union Pay Plan,contingent upon successful
completion of the required background check and pre-employment physical and drug test.
(Motion carried under the Consent Agenda)
4.E.1 Lehman/Heitzman moved to approve the construction of baseball dugout roofs at Green
Meadows Park. (Motion carried under the Consent Agenda)
4.F.1 Lehman/Heitzman moved to approve the bills in the amount of$1,025,926.47 and
electronic transfers in the amount of$405,168.22 for a total of$1,431,094.96. (Motion carried
under the Consent Agenda)
4.F.2 Lehman/Heitzman moved to approve the transfer of Crossroads Liquor of Shakopee LLC
Liquor and Tobacco Licenses to 471 Marschall Road South. (Motion carried under the Consent
Agenda)
4.F.3 Lehman/Heitzman offered Resolution No. 7363,A Resolution Appointing Judges of
Election and Establishing Rates of Compensation. (Motion carried under the Consent Agenda)
10.A.1 Lehman/Heitzman Offer Resolution No. 7368, a Resolution Declaring the Adequacy of
Official Proceedings of the October 1, 2013
Shakopee City Council Page 3
the Environmental Assessment Worksheet for Valley Park Business Center 2nd Addition.
(Motion carried under the Consent Agenda)
10.A.2 Lehman/Heitzman offered Resolution No. 7365, approving the Final Plat for Valley Park
Business Center 2nd Addition. (Motion carried under the Consent Agenda)
10.F.1 Lehman/Heitzman moved to call for a joint meeting on Wednesday, October 23rd with the
Planning Commission and EDAC,to discuss the Shakopee 101 Corridor issues. (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 Hearings
6.A Public Hearing for Issuance of Solid Waste Revenue Bonds for Recovery
Technology Solutions Shakopee(RTS),LLC
Heitzman/Whiting moved to re-open the public hearing. Motion carried 5-0.
Ms. DiMaggio said a public hearing to consider the issuance of Solid Waste Revenue Bonds for
Recovery Technology Solutions Shakopee, LLC was initially opened on September 3, 2013. At
that time,the hearing was continued to October 1, 2013. Now,RTS has informed the City that
negotiations on the terms of the bonds are continuing, but that no date is certain for the subject to
be ready for discussion. There will be a need to republish the notice of the public hearing once
the details of the terms and structure of the bonds, and the bond documents,have been finalized,
and a hearing date has been established.
Therefore, at the request of the company, staff is recommending that the Council re-open and
then close the public hearing. Mayor Tabke asked if there was anyone in the audience who
wished to speak at the public hearing. No one responded.
Clay/Lehman moved to close the public hearing. Motion carried 5-0.
7. Business Removed from Consent Agenda
Cncl. Whiting removed item 4 C.2 from the consent agenda because he had been contacted by a
homeowner whose property is adjacent up to the Dakota Crossings development project. Cncl.
Whiting said that he met with the homeowner who expressed his concern extending work hours.
Cncl. Whiting said would like to deny the extended work hours.
However, Clay/Heitzman moved to approve a suspension of City Code Sec. 10.60,Noise
Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations, D,
allowing work to start at 8:00 AM on Saturday's for the remainder of 2013 and directing staff to
publish notice of the suspension terms with the conditions as recommended by staff. Motion
carried 3-2 with Cncl. Whiting and Lehman in dissent.
Official Proceedings of the October 1,2013
Shakopee City Council Page 4
8. Recess for Economic Development Authority Meeting
Lehman/Clay moved to recess for an Economic Development Authority meeting. Motion
carried 5-0.
9. Reconvene
Mayor Tabke reconvened the City Council meeting at 7:23 p.m.
10. General Business
10.A.1 Moved to Consent Agenda
Moved to consent agenda.
10.A.2 Moved to Consent Agenda
Moved to consent agenda.
10.B.1 Pet Store Licensing Ordinance
Chief Tate said in August, City Council directed staff to research and draft an ordinance which
would license and regulate pet stores within the city limits. Staff has worked with Keith Streff,
Investigator from the Animal Humane Society of Golden Valley, to ensure that a proposed
ordinance would provide the city with the necessary tools needed so that pet store locations do
not become a source of complaints in the future.
The proposed ordinance does require the owner of any pet store, which offers animals for sale or
adoption,to first obtain a license from the city. The ordinance specifies minimum health, safety,
and sanitation requirements. Under this proposed ordinance, council will have the authority to
suspend or revoke a license if violations are found.
The proposed fee for the license is $100. This would be a one-time fee to cover costs associated
with background investigations and license processing. The license does not require renewal if
ownership does not change. At present time, only one store in Shakopee would be affected by
this ordinance.
Whiting/Clay moved to adopt City Ordinance Number 873, an Ordinance of the City of
Shakopee,Minnesota,adding Section 6.46 to the Shakopee City Code regarding pet store
licensing and regulation; and, Ordinance Number 874, an Ordinance of the City of Shakopee,
Minnesota, amending the City's adopted 2013 fee schedule to add a pet store license fee. Motion
carried 5-0.
10.E.1 Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity Homes—
1995 Evergreen Lane
Jamie Polley, Parks,Recreation&Natural Resource Director, said that on August 23,2012,the.
City issued a building permit to Eternity Homes for a single family home located at 1995
Evergreen Lane, Shakopee,MN. Previously, Eternity Homes had submitted a survey dated
7/13/11 showing that it was to remove two trees, and install a tree protection fence and silt fence
approximately 15 feet behind the proposed house location.
Official Proceedings of the October 1,2013
Shakopee City Council Page 5
City staff completed a Woodland Management Evaluation and Compliance form for the property
on 8/20/12, which required a tree protection fence as shown on a survey dated 8/16/11. That
survey reflected the placement shown on the previous survey submitted by Eternity Homes. An
as-built survey was submitted to the City by Eternity Homes dated 11/9/12,which showed an
altered tree line approximately 55 feet behind the constructed house. The trees removed behind
the required tree protection fence were not authorized by the City.
On May 21, 2013,Building Inspector Jim Davis notified by telephone the field supervisor for
Eternity Homes, Kevin Schultz, that the final grading as-built approval had been revoked
because of severe erosion problems on the site. That information was reiterated in a letter of
August 21,2013 from Mr. Davis to Eternity Homes.
On July 10,2013,the City notified Eternity Homes that it was being assessed either$18,500, or
alternatively provide for the installation of 74 caliper inches of replacement trees as a result of
unauthorized tree removal at 1995 Evergreen Lane, Shakopee, MN. The amount of the fine was
determined using City Code Sec. 11.60 Subd. 9.
Ms. Polley also said that Council should direct staff to establish a formal appeal process. The
Environmental Advisory Commission should first hear and seek to resolved issues which can't be
handled at a staff level. The City Council would be the final authority.
Pat Flynn of Eternity Homes,25420 Burma Ave.,Northfield,MN said that he had received oral
approval from Building Inspector,Jim Davis to make these modifications, and has therefore
asked to appeal the assessment amount to the City Council.
Michael Leek, Community Development Coordinator, said that Mr. Flynn and Mr. Davis had
different accounts of the conversation that took place. Mr. Leek also said that the City has had
prior experience with Eternity homes regarding woodland management.
Troy Boeggeman,the homeowner at 1995 Evergreen Lane, stated that many of the trees on the
property were damaged in the process of building the home. Mr. Boeggeman stated that he has
accepted a monetary landscaping refund from Eternity in order to finish the project himself.
Clay/Heitzman moved to uphold staff's recommendation for a financial penalty of$18,500 for
the unauthorized tree removal assessment at 1995 Evergreen Lane. Discussion followed.
Cncl. Whiting stated he thinks the fine is a lot of money and would support a lesser fine.
Mayor Tabke asked for a vote on the motion.
Motion carried 3-2 with Cncl. Lehman and Cnel. Whiting in dissent.
Clay/Heitzman moved to direct staff to formalize an appeals process for issues relating to
woodland preservation issues. Motion carried 5-0.
Mr. Flynn expressed his disagreement with the action .
10.F.1 Moved to Consent Agenda
Official Proceedings of the October 1,2013
Shakopee City Council Page 6
11. Council Members' Reports
Cncl. Whiting attended the Shakopee Chamber&Visitors Bureau board meeting on 09/18/13.
The Chamber's Public Policy Committee will now be open to the public for their monthly
meetings,which will be held on the second Tuesday of the month. The Chamber Board also
approved a plan to resume work on the"Main Street"programs. On 09/19/13 Cncl. Whiting
attended the Boards and Commissions appreciation picnic. On 09/26/13 the Shakopee Diversity
Alliance met. The group is working on a website that will be up and running in the near future.
Cncl. Whiting also stated that he has been receiving a lot of negative feedback from people
regarding the County's mini-roundabout planned for the intersection of Viering Dr. and Spencer
St.
Cncl. Lehman attended the Derby Days committee meeting. There weren't enough members for
a quorum. The meeting was rescheduled.
Cncl. Clay had no report.
Cncl. Heitzman had no report but did say he has also received a lot of negative feedback
regarding the roundabout at Vierling Dr. and Spencer St.
Mayor Tabke attended the Boards and Commissions picnic on 09/19/13. On 09/20/13 he
attended a breakfast with the Mayors of Carver County and discussed transportation issues. He
then attended the 401h anniversary celebration for Certainteed Corporation in Shakopee. On
10/01/13,he attended a luncheon with the Scott County mayors and discussed transportation.
12. Other Business
Bruce Loney,Public Works Director/Engineer gave Council and update on construction and
transportation projects going on throughout the city.
13. Adjourn
Whiting/Clay moved to adjourn to Tuesday, October 15,2013 at 7:00 p.m. Motion carried 5-0.
Meeting ended at 8:27 p.m.
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Julie A. Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary