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OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA Apri115,2014
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, Kathi Mocol and
Mike Luce
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; Jacob Busiahn,Natural Resources Technician; and Jim Thomson, City Attorney
2. Pled�e of Alle�iance
3. Approval of the A�enda
Mocol/Whiting moved to approve the agenda as amended. Motion carried 5-0.
4. Consent Business
Whiting/Luce moved to approve the Consent Agenda. Mr. McNeill read the Consent items.
Discussion followed. Cncl. Luce felt the cleaning contract for the park bathrooms is low and
would like staff to monitor the work. Cncl. Luce also asked staff to investigate allowing people
to carry beer on the street at the Downtown Car Show. Cncl. Luce also commented that some
areas of City Hall need new carpet more so than the Fire Station 1. Mayor Tabke asked for a
vote on the motion. Motion carried 5-0.
4.A.1 Whiting/Luce moved to approve an extension of the transit services contract with Scott
County Transit through December 31, 2014, and authorize the appropriate city official to sign
Amendment No. 1 to the "Agreement for Operation and Management of the Shakopee Area
Transit Bus Service" granting the contract extension. (Motion carried under the Consent Agenda)
4.B.1 Whiting/Luce moved to declare the listed property surplus and authorize its disposal per
City Code. (Motion carried under the Consent Agenda)
4.B.2 Whiting/Luce moved to declare the 2004 Chevrolet Cavalier, VIN: 1G1JC52F847372184
and the 2007 Dodge Charger, VIN: 2B3KA43G97H638552 as surplus property. (Motion carried
under the Consent Agenda)
4.C.1 Whiting/Luce offered Resolution No.7439, A Resolution Accepting Bids for the 2014
Bituminous Overlay, Project No. 2014-2 which accepts the bids and awards a contract to
Bituminous Roadways, Inc. and approve a 5% contingency amount on this project for use by the
City Engineer. (Motion carried under the Consent Agenda)
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4.C.2 Whiting/Luce moved to authorize the appropriate City officials to execute the Consultant
Contract with WSB & Associates, Inc. for the trail extension engineering services from Quarry
Lake to Gateway Drive. (Motion carried under the Consent Agenda)
4.C.3 Whiting/Luce moved to authorize the appropriate City officials to execute the Special
Assessments Agreement between the Union Pacific Railroad Company and the City of
Shakopee. (Motion carried under the Consent Agenda)
4.C.4 Whiting/Luce moved to authorize the purchase of one(1) new Brush Bandit Model
250XP Brush Chipper from Tri-State Bobcat for the price of$31,093.25 including trade-in. The
purchase to be funded from the Capital Equipment Internal Service Fund using State Bid Pricing
Contract#C796-102012. (Motion carried under the Consent Agenda)
4.C.5 Whiting/Luce moved to approve and authorize the appropriate city officials to enter into
a Cleaning Contract with Plymouth Ridge, Inc. d/b/a Coverall Cleaning Concepts until February
28, 2015 for seasonal park restroom cleaning. (Motion carried under the Consent Agenda)
4.C.6 Whiting/Luce moved to authorize staff to utilize the re-purchase agreement with Ag
Power Enterprises, Inc. on unit#134 a 2012 John Deere 5085 Tractor for the price of$5,896.00
with the funds to be expended from the Capital Equipment Internal Service Fund. (Motion
carried under the Consent Agenda)
4.C.7 Whiting/Luce 1. Move to authorize the purchase of one (1) new cab & chassis from
Midway Ford Commercial for the price of$34,196.00, one (1) new box &hoist package from
Crysteel Truck Equipment for the price of$17,543.68 and one (1) new 10 foot Boss V-plow
from Crysteel Truck Equipment for the price of$7,629.00. The funds to be expended from the
Sanitary Sewer Enterprise fund. 2. Move to declare the 2000 Ford F550, VIN
#1FDAF57SSYEE09337 as surplus equipment to be sold at auction. (Motion carried under the
Consent Agenda)
4.C.8 Whiting/Luce moved to approve the Purchase of Outlot B, Valley Creek Crossing 2nd
Addition with the City being responsible for the property tax liability of$182.00 to be paid out
of the Storm Drainage Fund. (Motion carried under the Consent Agenda)
4.D.1 Whiting/Luce moved to approve the attached position description for the new position of
Engineering Project Coordinator and the attached revised position description for the position of
Paid-on-Call Firefighter. (Motion carried under the Consent Agenda)
4.D.2 Whiting/Luce offered Resolution No. 7440, A Resolution Amending Resolution No.
7393, A Resolution Adopting the 2014 Pay Plan for Certain Non-Union Employees of the City
of Shakopee, a resolution adopting the 2014 Pay Plan for certain non-union employees of the
City of Shakopee, and move its adoption. (Motion carried under the Consent Agenda)
4.E.1 Whiting/Luce moved to declare the listed pool table and speakers as surplus property and
authorize the appropriate staff to sell or dispose of these items as warranted. (Motion carried
under the Consent Agenda)
4.F.1 Whiting/Luce moved to approve the bills in the amount of$1,001,968.60 and electronic
transfers in the amount of$557,610.27 for a total of$1,559,578.87. (Motion carried under the
Consent Agenda)
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4.F.2 Whiting/Luce moved to approve the minutes from March 18, 2014 and April 1, 2014.
(Motion carried under the Consent Agenda)
4.F.3 Whiting/Luce moved to authorize appropriate city staff to renew our Microsoft License
Service Agreement through SHI for an amount not to exceed $29,966 from the IT Fund. (Motion
carried under the Consent Agenda)
4.F.4 Whiting/Luce moved to approve the application and grant a massage therapy business
license to Ying Li, for Vogue Day Asian Massage, LLC located at 1240 3rd Avenue East.
(Motion carried under the Consent Agenda)
4.F.5 Whiting/Luce moved to authorize the closure of Lewis Street from First and Third
Avenues on alternating Friday nights from 6 to 9 PM, beginning June 13th and ending August
22, 2014, for the Shakopee Downtown Classic Car Cruise. (Motion carried under the Consent
Agenda)
4.F.6 Whiting/Luce moved to authorize the expenditure of an amount not to exceed $30,000
from the General Government Buildings Fund for the replacement of four electric panels at City
Hall and the purchase and installation of new carpeting for portions of Fire Station#1. (Motion
carried under the Consent Agenda)
4.F.7 Whiting/Luce moved to approve the amendments to the City Fee Schedule (Motion
carried under the Consent Agenda)
4.F.8 Whiting/Luce offered Resolution No. 7441, A Resolution Calling for a Public Hearing
Regarding the Issuance of Health Care Facilities Revenue Refunding Bonds for the Benefit of St.
Francis Regional Medical Center(Motion carried under the Consent Agenda)
5. Reco�nition of Involved Citizens bv City Council. �
Mayor Tabke asked if there was anyone in the audience who wished to speak on an item not on
the Agenda.
Christopher Dircks, 1199 Tyler St., and Chance Dircks, 1176 Jackson St., presented Council
with two petitions. The petitions are a request for four-way stop signs at 12th Avenue and Tyler
Street and 12t"Avenue and Jackson Street. They said traffic speeds have increased since the
removal of the stop signs at 12th Avenue and Harrison Street and the reconstruction project that
was done in 2013. Mr. Loney advised that the petition will only initiate a traffic study. Mr.
Loney said he would take the petition to the Traffic Study Review Committee.
6. Public Hearings
None
7. Business removed from the Consent Agenda
None
8. Recess for Economic Development Authoritv Meeting
Whiting/Mocol recessed for the Economic Development Authority Meeting.
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9. Reconvene
Mayor Tabke reconvened the meeting at 7:50 p.m.
10. General Business
10.A.1 Update on the Current Status of Discussions with Minnesota Valley Transit
Authoritv (MVTA) Re�ardin�Transit Service Consolidations.
� Mr. Leek said that previously, the City Council provided direction to proceed with discussions
with MVTA regarding transit service consolidation. A Technical Work Group (TWG)made up
of staff from the agencies and Elected Work Group (EWG)has been working through the issues
related to consolidation.
Mr. Leek discussed the principles and benchmarks for consolidation of transit services with
MVTA.
The consensus of the Council is to proceed with the consolation of transit services.
10.C.1 Consider Approvin� Street Lights on Eagle Creek Boulevard from CSAH 17 to
CSAH 83.
Mr. Loney said the City will be doing a bituminous overlay and reconstructing the bituminous
trail on Eagle Creek Boulevard from CSAH 17 to CSAH 83 this year. Previously staff had
included a street lighting project for the corridor in 2005 and to utilize the eXisting overhead
power poles for street lights. With the improvement to Eagle Creek Boulevard's street and trail,
staff worked with Shakopee Public Utilities staff to design the attached street lighting system
with LED lights.
The recommended street light is option "B" and the estimated cost is $54,495.74. The power
would be donated by Shakopee Public Utilities. This lighting project would be funded out of the
Capital Improvement Fund (CIF) with power donated by SPUC.
Lehman/Whiting moved to approval of Street Lights on Eagle Creek Boulevard from CSAH 17
to CSAH 83. Motion carried 5-0.
10.E.1 Revisions to Citv Code Section 11.60, Subdivision9,Tree Mana�ement Regulations-
Ordinance No. 883.
Jamie Polley, Parks, Recreation&Natural Resource Director provided Council with an overview
of Ordinance No. 883. She said the Tree Management Regulations were amended in March of
2013 to add a Woodland Alteration Permit. During the amendment process staff was directed to
further review the Tree Management Regulations. City staff and the Environmental Advisory
Committee (EAC) began the review of the Tree Management Regulations in October of 2013.
Jacob Busiahn,Natural Resources Technician presented Council with an overview of the
proposed ordinance revisions that have been reviewed by the EAC, Parks and Recreation
Advisory Board, Economic Development Advisory Committee (EDAC) and Planning
Commission.
Mr. Busiahn presented Council with recommendations and revisions to the Tree Management
Regulations to the City Council for adoption which include, tree replacements, purpose,
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definitions, tree management plan requirements, tree preservation requirements, tree replacement
standards, unauthorized significant tree removal, financial security, and exemptions.
Steve Soltou, Shakopee Crossings, felt there should be an incentive in the landscaping ordinance
to save trees. He feels the proposed ordinance is punitive.
Cncl. Lehman questioned why there is a tree ordinance. He said it should be up to the owner to
monitor the health of trees and not the City. He also felt the ordinance is too strict and should be
shortened.
Cncl. Whiting said the financial security burdens new developers. He would like to see the
commercial requirements removed and add the requirements in the landscaping ordinance. The
tree ordinance should only pertain to residential properties.
Cncl. Mocol disagreed with Cncl. Whiting regarding the tree ordinance for residential properties.
The City shouldn't require homeowners to plant trees.
CncL Luce agrees that the ordinance puts a burden on developers. He stated he would like to see
commercial and residential requirements the same. He also suggested the need to find a way to
survey trees without having the cost of a professional tree inventory.
Mayor Tabke feels the ordinance should be reduced and a little more lenient.
Council decided to continue the tree management ordinance, landscaping requirements, and
natural resources corridor design criteria discussion to the May 6th workshop.
Luce/Lehman moved to table Ordinance No. 883, An Ordinance of the City of Shakopee
Amending Section 11.60, Subdivision 9 of the Shakopee City Code, Tree Management
Regulations to Tuesday, May 6, 2014. Discussion followed.
Cncl. Whiting commented that he would like to see the ordinance presented approved and then
modified at the May 6, 2014 workshop.
Mayor Tabke asked for a vote on the motion. Motion carried 5-0.
10.E.2 Revisions to City Code Section 11.60, Subdivision 8, Landscape Requirements,
Ordinance No. 884.
Mr. Busiahn said the Landscaping Requirements tie to the Tree Management Regulations, when
calculating the number of tree required within a development. During the revision of the Tree
Management Regulations, staff identified that changes to the Landscaping Requirements were
also in need of updating.
Mr. Busiahn summarized the current landscaping requirements and the proposed amendment
changes.
Lehman/Luce moved to table the adoption of Ordinance No. 844, An Ordinance of the City of
Shakopee Amending Section 11.60, Subdivision 8 of the Shakopee City Code, and Landscape
Requirements to Tuesday, May 6, 2014. Motion carried 5-0.
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10.E.3 Natural Resources Corridor Design Criteria Amendment, Resolution No. 7442.
Lehman/Luce moved to table Resolution No. 7442, A Resolution of the City of Shakopee
Minnesota Amending Section 1 and 4 of the Natural Resources Corridor Design Criteria to May
6, 2014. Motion carried 5-0.
10.F.1 Authorization to Enter into a Service Agreement with Shakopee Area Chamber of
Commerce for the Mainstreet Program.
Samantha DiMaggio, Economic Development Coordinator said in late 2013, meetings were held
with the businesses located along the 101 Corridor and in the Downtown Business District. The
purpose of the meetings was to find a way to focus attention upon, and provide for revitalization
efforts of this portion of Shakopee.
One of the options discussed to assist was to create a joint application between the City of
Shakopee and the Shakopee Area Chamber of Commerce to participate in the Preservation
Alliance of Minnesota's Mainstreet Minnesota Program. There was widespread support for
participating in this program.
The City Council and EDA agreed to place $25,000 in the 2014 City budget for this membership.
That amount would be the City's share of hiring a full time staff person to operate the Shakopee
Mainstreet Program. The person hired to be the Mainstreet Coordinator would be an employee of
the Shakopee Chamber.
The program would be governed by a nine-person committee; membership is proposed to
include one member of the City Council/EDA. A copy of the agreement is attached.
Whiting/Mocol moved to authorize the appropriate officials to enter into a service contract with
the Shakopee Area Chamber of Commerce, for the Mainstreet Program. Motion carried 5-0.
11. Council Members' Reports
Cncl. Lehman attended the 169 Corridor Coalition where Met Council discussed transit items.
He also attended the Derby Days meeting. They are looking for sponsors, volunteers and
donations. On OS/Ol/14 attended the SCALE Facility worship with Council.
On March 27th CncL Mocol attended the Shakopee Diversity Alliance Committee meeting.
They discussed the possibility of becoming a 501(c) (3), nonprofit group. On April 24th Mr.
Dolay will be making a presentation about Somali culture. The Shakopee Chamber had a
presentation by Scott County Administrator, Gary Shelton regarding the Scott County
transportation tax they are proposing. On April 9th she attended the State of the City. Speakers
were Mayor Tabke and School Superintendent Rod Thompson.
Cncl. Luce attended the Shakopee School Board meeting where they discussed a survey that is
available regarding the failed referendum. Mr. Luce attended a meeting with the Federal
Railroad Administration to discuss making Shakopee a quiet zone.
Cncl. Whiting attended the Shakopee Diversity Alliance board meeting. On Tuesday, April 1 St
he attended the Scott County Board public hearing regarding the sales tax increase to be used for
transportation. On 04/07/14 he attended the SPUC meeting. They discussed progress on the
property acquisition on the west end of Shakopee on CR 69. He also said that Shakopee has
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been awarded the honor of The Best Tasting Water in the state by the Rural Water Association.
On April4t" and April l lt" SCALE met and discussed the Thrive 2040 Plan. SCALE will be
sending a comment letter and he encouraged the City to also send a comment letter. SCALE also
had a presentation by Families Moving Forward and the Scott County CDA regarding homeless
families and subsidized housing.
On March 29th Mayor Tabke and a few school board members met with MWI Veterinary staff
that is consolidating their business and accompanied them on a tour of the City. On April9t"he
presented at the State of City. Later in the afternoon he attended the Municipal Legislative
Committee Board Meeting where discussion was focused on legislative updates. On April 13tn
he spoke to a Brownie Troop about Shakopee. On April 14th he attended Region Council of
Mayors, where the DNR did a presentation regarding ground water.
12. Other Business
Cncl. Luce discussed three water leaks that have happened on Atwood Street since the
reconstruction last year.
CncL Lehman asked staff to look into an ordinance regulating drones. He provided a sample
ordinance drafted by city of St. Bonifacius. The consensus of the Council is to look at it and
bring it back to the June 17, 2014 meeting.
13. Adiourn
Luce/Whiting moved to adjourn to Tuesday, Apri129, 2014 at 7:00 p.m. Motion carried 5-0.
Meeting ended at 10:45.
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�Julie A. Linnihan
Finance Director/City Clerk
Kim Weckman
Recording Secretary