HomeMy WebLinkAbout5/20/2014 • � �
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE MINNESOTA May 20,2014
1. Roll Call
Present: Mayor Brad Tabke; Councilmember Matt Lehman; Councilmember Jay Whiting; Councilmember
Kathi Mocol; Councilmember Mike Luce
Staff City Administrator Mark McNeill;Assistant City Administrator Kris Wilson; Community
Present: Development Director R. Michael Leek;Public Works Director/Engineer Bruce Loney; Finance
Director/City Clerk Julie A Linnihan; Police Chief Jeff Tate; Parks, Recreation&Natural Resources
Director Jamie Polley; Fire Chief Rick Coleman; City Attorney Jim Thomson;Natural Resources
Technician Jacob Busiahn
2. Pledge of Allegiance
3. Approval of Agenda
Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol
Vote: 5 -0
4. Consent Business- (All items listed in this section are anticipated to be routine.After a discussion
by the Mayor there will be an opporiunity for members of the Council to remove any items from the
consent agenda for individual discussion. Those items removed will be considered following the
Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed
and will be approved in one motion.)
The following was added to the Consent Agenda: 10.D.1, Consideration of a Scott County
Community Development Agency Economic Development Incentive Grant Application-Res.No.
7451; 10.E.1,Authorization to Promote to Project Coordinator; 10.E.2, "Trade Time far Fitness"
Employee Benefit Program.
The following was removed from the Consent Agenda: 4.A.1, Text Amendment to 11.70
Regarding Signage and Flags -Ordinance No. 888; and Amending the City's Social Media Policy-
Res.No. 7453.
Moved by Councilmember Matt Lehman, seconded by Councilmember Jay Whiting
Vote: 5 -0
A. Communitv Development
1. Approval of the Resolution to amend 11.70 Signs, Subdivision 4.
This item was removed from the Consent Agenda.
Staff has received several questions regarding corporate flags on new sites throughout the
community. The definition of"signs" in Chapter 11,Zoning, currently includes corporate flags This
amendment would include corporate flags as unregulated signs so long as they are displayed in
conjunction with national or political subdivision flags and are limited in size.
Cncl. Lehman asked if corporate entities still need to follow flag etiquette. Mr. Leek said
corporations still need to follow national flag etiquette. Cncl. Lehman also asked if this amendment
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could wait until the revised sign ordinance is adopted. Mr. Leek said that staff felt that having an
identifying flag as part of an entry feature is reasonable so long as it was fairly limited. Mr. Leek
said that the current sign ordinance is being reviewed by the Chamber of Commerce. They plan on
devoting their entire meeting next month to the review of the policy.
Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol to approve of
Ordinance 888 Amending City of Shakopee Code 11.70 Signs.
Vote: 5 -0 �
2. Vacation of Right-of-Way for Fairhaven Drive and Drainage and Utility Easements-Res.No. 7452
(F)
Offered Resolution No. 7452, setting the Public Hearing date for Vacation of Right-of-way and
drainage and utility easements (Motion carried under the Consent Agenda)
B. Police and Fire
1. Declare Three Forfeited Vehicles as Surplus Property.
Moved to declare the 1999 Chrysler Sebring,VIN: 3C3ELSSH3XT554613, the 2002 Chevrolet
Silverado,VIN: 1GCEK19V42E271122 and the 2005 GMC Yukon XL,VIN:
1GKFK66U45J245844 as surplus property. (Motion carried under Consent Agenda)
C. Public Works and En�ineering
1. Award a Contract for the Lift Station L16 &Forcemain Improvements Project No.2014-5-Res.No.
7450(D)
Moved to approve Resolution No.7450,which accepts the bid and awards a contract far Lift
Station L16&Forcemain Improvements,Project No. 2014-5 and includes a contingency amount
equal to 5%of the contract to cover minor change orders and quantity adjustments that may occur
on the project. (Motion carried under the Consent Agenda)
2. Purchase of Small Motar Grader(E)
Moved to approve the purchase of one new Motor Grader for the price of$134,110.00 including
trade from Ziegler Inc. with the funding to be expended from the Capital Equipment Internal
� Service Fund. (Motion carried under the Consent Agenda)
3. Purchase of Two 4x4 pickup Trucks with Plows(E)
1. Moved to authorize the purchase of two new Pickup Trucks from Midway Ford far the price of
$51,172.00 and two new plows and accessories from Aspen Equipment for$16,010.00. The funds
to be expended from the Capital Equipment Internal Service Fund. 2. Moved to declare the
following Pickup Trucks as surplus properiy far sale at auction: Vin# 1FTSF31L71EC69943;asset
#733,vehicle# 161 and Vin# 1GCHK34F4WZ232344; asset#534,vehicle# 155. (Motion carried
under the Consent Agenda)
4. Amendment to Extension Agreement for Additional Design Fees on the East Shakopee Industrial
Sewer Improvements Project No.2013-4. (E)
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Moved to approve Amendment to Extension Agreement for Additional Design Fees of$52,000.00
on the East Shakopee Industrial Sewer Improvements Project No. 2013-4. (Motion carried under the
Consent Agenda)
D. Personnel �
1. Extension of City Administrator's Personnel Authority-Ord.No. 887(F)
Offered Ordinance No. 887,Fourth Series; An Ordinance of the City of Shakopee Amending
Shakopee City Code Section 2.06, Subdivision 5 Dealing with the Duties of the City Administrator.
(Motion carried under the Consent Agenda)
E. Parks,Recreation and Natural Resources
1. Authorization to Dispose of Surplus Property from Enigma Teen Center(F)
Moved to declare the listed stage sections as surplus property and authorize the appropriate staff to
sell or dispose of listed items as warranted. (Motion carried Lmder the Consent Agenda)
F. General Administration
1. City Council Minutes from April 15, 2014 and April 29,2014. (F)
Moved to approve the City Council minutes from the April 15,2014 and Apri129,2014. (Motion
carried under the Consent Agenda)
2. City Bill List(F)
Moved to approve the bills in the amount of$712,22430 electronic transfers in the amount
of$446,987.03 for a total of$1,159,211.33. (Motion carried under the Consent Agenda)
3. Amending the City's Social Media Policy-Res.No. 7453
This item was removed from the Consent Agenda.
Ms. Wilson said the amended policy's primary changes are to lift the restriction on the public
initiating posts on the City's sites. It also provides some parameters for the creation of individual
professional accounts far specific City employees. This is intended to allow staff such more
flexibility in how they utilize social media professionally. Lastly,the amended language provides
for more interactivity with the social media accounts of other groups and organizations that operate
in the same range as the City, like the County, Chamber of Commerce, School District, etc.
Mayor Tabke feels the policy is to restrictive and doesn't allow for staff to engage in conversations
via social media on their own private social media sites. He asked for Council's general thoughts
about the City's social media policy. Cncl.Whiting would like to see mare freedom for department
heads and communications staff allowing mare latitude with social media.
Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce Offered
Resolution No. 7453,a Resolution Amending Resolution No. 7072,a Resolution Adopting a Social
Media Policy for the City of Shakopee,and move its adoption. Discussion followed.
Vote: 5 -0
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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 far the benefit of viewers and
other attendees.)
Jordan Olson,249 Mound St., said he was at Tradicion's restaurant and noticed several people
driving in the area were being pulled over by the police. He asked why so many people were being
stopped by the police.
Mr. McNeill advised Mr. Olson that he would have Chief Tate contact him to discuss his concerns.
6. Public Hearings:
A. Request consideration and approval of Resolution No. 7449,A Resolution Authorizing the lssuance,
Sale, and Delivery of its Health Care Facilities Revenue Refunding Bonds(St.Francis Regional
Medical Center), Series 2014, For the Benefit of St. Francis Regional Medical Center and Execution
and Delivery of Related Documents.
Open the Public Hearing.
Moved by Councilmember Jay Whiting seconded by Councilmember Kathi Mocol
Vote : 5-0
Julie Eddington of Kennedy and Graven said on October 6, 2004,the City issued its Health Care
Facilities Revenue Bonds(St. Francis Regional Medical Center), Series 2004 in the original
aggregate principal amount of$51,520,000.
Proceeds of the Prior Bonds were loaned to St. Francis Regional Medical Center, a Minnesota
nonprofit corporation(the"SFRMC") in order to finance a portion of the capital costs of facility
upgrades and improvements.
Under the terms of the Loan Agreement, SFRMC will agree to pay the City's administrative conduit
debt fee in the amount of$50,000 and the out-of-pocket expenses of the City with respect to this
transaction.
Each year the City has the ability to designate up to$10,000,000 in tax-exempt bonds as"qualified
tax-exempt obligations"for purposes of Section 265(b)(3)of the Code. In order to issue
bank-qualified bonds,the issuer must not expect to issue more than$10,000,000 of bonds(other
than private activity bonds that are not qualified 501(c)(3)bonds)in a calendar year.
Mayar Tabke asked if there was anyone in the audience that wished to speak at the public hearing.
No one responded.
Close the Public Hearing.
Moved by Councilmember Kathi Mocol seconded by Councilmember Mike Luce
Vote : 5-0
Offered Resolution No. 7449,A Resolution Authorizing the Issuance, Sale, and Delivery of its
Health Care Facilities Revenue Refunding Bonds(St. Francis Regional Medical Center), Series
2014,For the Benefit of St. Francis Regional Medical Center and Execution and Delivery of
Related Documents
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Moved by Councilmember Jay Whiting, seconded by Councilmember Mike Luce
Vote: 5 -0
7. Business removed from the consent Agenda will be discussed at this time.
8. Recess for Economic Development Authority Meeting:
Moved by Councilmember Kathi Mocol,seconded by Councilmember Jay Whiting
Vote: 5 -0
9. Reconvene
10. General Business:
A. General Administration
1. Council is asked to consider and accept the 2013 audit and accompanying reports,as presented by
the audit staff from KDV.
Ms. Linnihan said annually the City of Shakopee Finance staff and Kern,DeWenter&Viere(KDV)
audit staff undertake an extensive audit process,beginning in December and continuing into April.
The audit results, Comprehensive Annual Financial Report(CAFR) and accompanying data will be
presented by Steve Wischmann, Government Audit Partner with KDV.
Mr. Wischmann provided council with background in the audit process. He said they are issuing an
unmodified opinion on the financial statements which is the highest level that can be issued. He
discussed the Government Auditing Standard findings which include a material audit adjustment,
-� lack of segregation of accounting duties,improving ice arena receipting internal control, improving
community center receipting internal controls and following the fee schedule which was corrected
from the priar year. Mr.Wischmann also provided Council a comparison overview of all City
funds.
Ms. Linnihan said a CAFR will be submitted to the Office of the State Auditor as well as the
Governmental Finance Officers Association. Ms. Linnihan thanked the finance staff for all of the
time and effort put in to the 2013 audit.
Moved by Councilmember Matt Lehman, seconded by Councilmember Kathi Mocol Move to
approve the 2013 Comprehensive Annual Financial Report and audit findings and presentation.
Vote: 5 -0
B. Communitv Development
C. Police and Fire
D. Public Works and Engineerin�
1. Consideration of a Scott County Community Development Agency(CDA)Economic Development
Incentive Grant Application-Res.No. 7451 (D)
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This item was moved to the Consent Agenda.
Offered Resolution No. 7451,a Resolution Authorizing the submittal of a CDA Economic
Development Incentive-Corridor Readiness Grant Program Application. (Motion carried to the
Consent Agenda)
E. Personnel
1. Autharization to Promote to Project Coardinator(E)
This item was moved to the Consent Agenda.
Moved to authorize the promotion of Richard Thomson to the position of Project Coordinator with
the Engineering Division of the Public Works Department, effective June 2,2014,with a starting
wage of Step C of Grade 8 ($34.62 per hour)of the non-union pay plan,with eligibility for an
increase to Step B after six months and subject to a one-year probationary period. (Motion carried
under the Consent Agenda)
2. "Trade Time for Fitness" Employee Benefit Program(B)
This item was moved to the Consent Agenda.
Moved to authorize the proposed Trade Time for Fitness program for all benefits-eligible City
employees, effective June 1,2014. (Motion carried under the Consent Agenda).
F. Parks Recreation and Natural Resources
1. Revision to City Code 11.60, Subdivision 9,Tree Managment Regulations-Ord.No. 883. (Tabled
from May 6,2014).
Mr. Busiahn said this item was tabled by the City Council May 6th, 2014 for further discussion on
the applicability to commercial/industrial. The memo from the April 15, 2014 meeting highlights
the other initial changes proposed to this ordinance.
The revised Tree Management Regulations are proposed to address the goals which Mr.Busiahn
summarized for Council. Currently the Tree Management Regulations apply to all properties
within the City which contain three or more significant trees.
Following what was the consensus of the City Council at the May 6th meeting,the ordinance is
drafted so that commercial/industrial development is only subject to the Tree Management
Regulations when it is within a Natural Resources Corridor, as defined on the Natural Resources
Corridor Map. It would NOT apply to other commercial/industrially-zoned properties in the Ciry.
The Tree Management Regulations would still apply to all residential developments.
CncL Lehman said that if an area is zoned commercial/industrial,we need to allow
commercial/industrial to go there without a hardship. Cncl. Luce stated that because of housing
developments south and east of town has provided more trees than there have been in the past.
Steve Soltou, Shakopee Crossings,feels the Natural Resources map and design criteria is very
complex and hard to follow. He agrees that the if an area is zoned commercial/industrial should be
omitted from the ordinance.
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Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol to offer
Ordinance No. 883,An Ordinance of the City of Shakopee Amending Section 11.60, Subdivision 9
of the Shakopee City Code, Tree Management Regulations. Discussion followed.
Cncl's Lehman and Luce said that property zoned commercial/industrial should be excluded from
the ordinance. Cncl.Whiting believes the ordinance addresses Cncl's Luce and Lehman's concerns
but if it's in the natural resources corridor have to utilize some of the different rules to protect the
trees. He said the ordinance doesn't mean they can't take away trees but you do have to put back a
certain amount of trees. Mayor Tabke said the bluff line needs to be protected. There has to be a
mechanism to be able to protect it. Mayar Tabke asked what kind of ramifications there would be if
some of the map was altered. Mr. Leek said that if that happened the City would not have coherent
corridars either for trail development or for wildlife migration. The approach that is proposed is the
application of the natural resources corridor criteria,they are not a part of the ordinance. That gives
Council greater digression to consider options. Mayor Tabke asked for a vote on the motion.
Vote: 3 -2
Opposed: Councilmember Matt Lehman
Councilmember Mike Luce
2. Revisions to City Code Section 11.60, Subdivision 8,Landscapting Requirements-Ord.No. 884.
(Tabled from May 6,2014)
Mr. Busiahn said this item was tabled far further discussion at the May 6,2014 City Council
meeting. City staff proposed amendments to improve the current Landscaping Requirements. The
proposed amendments that are being brought forward were developed to meet the goals which he
summarized.
On March 20, 2014, a joint meeting was held between the Economic Development Advisory
Committee(EDAC)and the Planning Commission to consider proposed revisions to the Landscape
Requirements. The Planning Commission reviewed the revisions again on April 3rd and gave its
recommendation.
The current landscaping requirements provide for the following:
.Landscaping requirements are calculated based on gross building area alone.A portion of
this required landscaping must be placed in parking areas of more than 50 parking_spaces at a
rate of one landscape island containing one tree for every 4,000 square feet of paved area in a
parking lot. Islands are required to be curbed, and have a minimum size of 100 square feet,
with islands 200 square feet in size or greater receiving a maximum of two credits per island.
.Financial security for the required landscaping is 115%of the landscaping value,and is
collected after the landscaping is installed.It is held in full by the City for the first year after
planting.
.Single family residential uses require one non-ornamental tree per lot,to be placed in the
front yard.
Mr. Busiahn also summarized for Council the proposed amendments, as recommended by the
Planning Commission.
Council had a long discussion about sidewalks in parking lots and tree spacing to be placed within
55 feet of each parking space. Mayor Tabke would like research done on parking lot design
standards.
Steve Soltou, Shakopee Crossings,does not agree with having trees in parking lots because it
creates design,grading and drainage issues. The impact of the ordinance is the requirement for
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more land. He asked Council what they are trying to accomplish. Do they want
commercial/industrial development or more costs,processes and regulations.
John Mocol, local business owner,agrees with Mr. Soltou's statements. He also said the ordinance
will have a financial impact on small business owners.
Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol Adopt
Ordinance No. 884,An Ordinance of the City of Shakopee Amending Section 11.60, Subdivision 8
of the Shakopee Ciry Code, Landscape Requirements with the modification that doesn't require
trees every 55 feet. Discussion followed: Mr. Thomson, City Attorney,asked if Council wanted to
include adding back in the requirement for one deciduous tree for each 4,000 square feet of parking.
Motion by Councilmember Jay Whiting and seconded by Councilmember Kathi Mocol to amended
his motion to include the language that was stricken.
Jordan Olson,249 Mound St, expressed his concern about the landscaping ordinance and the i
restrictions it puts on developers. He also questioned if the Mayor should vote on this ordinance
because he owns a landscaping business. The Mayar said he does not own a landscaping business
but a consulting company.
Mayor Tabke asked far a vote on the motion.
Vote: 3 -2
Opposed: Councilmember Matt Lehman
Councilmember Mike Luce
3. Natural Resources Corridor Design Criteria Amendment-Res.No. 7442(Tabled from May 6,
2014).
Mr. Busiahn said the Natural Resources Corridor Design Criteria(NRCDC)was adopted into City
Code(Section 12.24,Ord 798) on May 20,2008. The design criteria sets requirements for
development within areas of the Natural Resources Corridor. The areas identified in the NRCDC
include lakes and streams,wetlands,woodlands,upland vegetation,wildlife habitat,endangered and
threatened species, steep slopes and bluffs,recreation, accessibility/infrastructure, and connectivity
when designing a site. �
In order to make the NRCDC consistent with the proposed amended Tree Preservation
Requirements(Sec. 11.60 Subd. 9), sections 1 and 4 of the NRCDC must be updated with
amendments which Mr. Busiahn summarized for Council.
Council asked for staff to wark on updating the natural resources corridor mapping.
Moved by Councilmember Jay Whiting, seconded by Councilmember Kathi Mocol offered
Resolution No. 7442,A Resolution of the City of Shakopee Minnesota Amending Section 1 and 4
of the of the Natural Resources Corridar Design Criteria and move its adoption.
Vote: 3 -2
Opposed: Councilmember Matt Lehman
Councilmember Mike Luce
11. Council Members'Reports
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On 04/24/14 Cncl. Whiting attended the Shakopee Diversity Alliance quarterly membership
meeting. Mohamed Duale, Somali Cultural Liaison for the City of Eden Prairie presented to the
group. On 5/O1/14 he attended the Downtown flower basket fundraiser. On OS/02/14 and OS/09/14
he attended the SCALE meetings. The membership meeting had a presentation by Mystic Lake
Casino Hotel regarding the SW Metro Joint Marketing Effort. Gary Shelton presented a strategic
planning update and Clair Robling gave a preview of the legislative update. He attended the SPUC
meeting on 04/21/14 which they discussed electrical service interruptions and recipients of
scholarships. At the OS/19/14 SPUC meeting they reviewed the water policy manual.
Cncl. Luce attended the school board meetings with nothing significant to report. He attended a
meeting with Union Pacific representative along with Mr. McNeill and Mr. Loney. Discussion was
held regarding a no whistle zone.
Cncl.Mocol attended the Metro Cities annual meeting on 04/24/14. There was a presentation on
how weather can affect the growth pattern of a city. 04/30/14 she attended the State of the State
address. On OS/OU14 was the Chamber of Commerce Women's event and the flower basket
fundraiser. On OS/02/14 she attended the SAC's gala event to raise money far tuition assistance. On
OS/13/14 she attended the annual meeting for the Center of the American Experiment. On OS/14/14
she attended the Chamber of Commerce luncheon with an update from Representative John Kline.
On OS/15/15 was the 31 st annual Scott County Law Enforcement Memorial scholarship dinner.
She thanked officers for their dedication to serve the community.
Cncl. Lehman attended the Shakopee Derby Days meeting. They are looking for volunteers,
donations,and sponsors. Their website is www.shakopeederbyday.arg
On 5/9/14 Mayar Tabke and Samantha DiMaggio attended a Hamlin symposium on Economic
Development. On OS/12/14 he attended the Regional Council Mayor's meeting. There was a
presentation by Red Cross about readiness. Mark Ritchie presented on the World's Fair which
Minnesota has a bid in for 2023 for the Worlds Fair coming to Minnesota.
12. Other Business
Mayar Tabke asked if Council would be willing to exclude Council Member Reports from future
agendas. He suggested including the reports in the Weekly Activity Packet and if a
Councilmembers has an item they want to discussed, it can be talked about in Other Business in the
Agenda. Council agreed to the proposal.
13. Adjourn to May 27th at 7:00 p.m.
Moved by Councilmember Matt Lehman, seconded by Councilmember Mike Luce moved to
adjourn to May 27, 2014 at 7:00 p.m.
Vote: 5 -0
Julie A Linnihan
Finance Director/Ciry Clerk f
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Kim Weckman
Recording Secretary