HomeMy WebLinkAbout4.F.2. Approval of Minutes:February 05, 2013 Consent Business
4. F. 2.
SHAKO1'E
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Linnihan, Finance Director /City Clerk
DATE: 02/19/2013
SUBJECT: Approval of the February 5, 2013 City Council Meeting Minutes (F)
Action Sought
Approve the meeting minutes of February 5, 2013, and move its adoption.
Attachments: 02 -05 -13 Minutes
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 5, 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, Councilors Pamela Schurman, Steve Clay and Jay Whiting.
Absent: Councilor Matt Lehman
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
Clay /Whiting moved to approve the agenda as amended. Motion carried 4 -0.
4. Consent Business
Cncl. Schurman asked to add to the Consent Agenda, 10.E.1, Approval of Issuance of Request
for Proposals for Organized Garbage and Recycling Contract and 10.F.3, 2013 Boards and
Commissions Liaison Appointments.
Clay /Whiting moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent
items. Motion carried 4 -0.
4.B.1 Clay /Whiting moved to enter into an agreement with Allina Emergency Medical Services
for medical direction and medical protocols and the Shakopee Fire Department. (Motion carried
under the Consent Agenda)
4.C.1 Clay /Whiting offered Resolution No. 7276, A Resolution Authorizing Eminent Domain
Proceedings for the Vierling Drive /CSAH 17 & TH 169 North Ramp intersection Improvement,
Project No. 2012 -6. (Motion carried under the Consent Agenda)
4.C.2 Clay /Whiting offered Resolution No. 7277, A Resolution Accepting Work on the CSAH
18 Trail Improvements, Project No. 2009 -5, and move its adoption. (Motion carried under the
Consent Agenda)
4.D.1 Clay /Whiting offered Resolution No. 7271, a Resolution Amending the 2013 Non -Union
Pay Plan for Employees of the City of Shakopee, and move its adoption. (Motion carried under
the Consent Agenda)
Official Proceedings of the February 5, 2013
Shakopee City Council Page 2
4.E.1 Clay /Whiting moved to approve and declare the ten Schwinn group cycling bikes as
surplus and allow them to be sold to the general public. (Motion carried under the Consent
Agenda)
4.F.1 Clay /Whiting move to approve the bills in the amount of $597,097.61 and electronic
transfers in the amount of $376, 114.81 for a total of $973,212.42 (Motion carried under the
Consent Agenda)
4.F.2 Clay /Whiting moved to approve the minutes of 01- 22 -13. (Motion carried under the
Consent Agenda)
4.F.3 Clay /Whiting moved to approve the application and grant a temporary on -sale liquor
license to Shakopee Senior Graduation Party, Inc., for March 12, 2013, at Canterbury Park, 1100
Canterbury Road. (Motion carried under the Consent Agenda)
4.F.4 Clay /Whiting moved to approve the application and grant a wine license to Chaska
Market, LLC, 123 2 Avenue West. (Motion carried under the Consent Agenda)
4.F.5 Clay/Whiting moved to approve changes to the 2013 Fee Schedule to include rate
increases to Sewer Service Charges. (Motion carried under the Consent Agenda)
10.E.1 — added to Consent - Clay /Whiting moved to direct staff to issue the RFP for garbage and
recycling services, and further direct that it should be made available for public access no later
than February 20, 2013. (Motion carried under the Consent Agenda)
10.F.2 — added to Consent - Clay /Whiting moved to adopt the recommendations to fill liaison
appointments for various boards and commissions with whom the City Council has a
relationship. (Motion carried under the Consent Agenda)
Cncl. Whiting questioned the pay grade of the Economic Development Coordinator on the
consent agenda (4.D.1). He said the memo reads that the pay grade was 9 for the position but the
pay plan is grade 8. Kris Wilson, Assistant City Administrator, advised Council the memo was
wrong and should have read pay grade 8 for the position.
Whiting/Clay moved to correct the pay grade level for the Economic Development Position to
pay grade 8. Motion carried 4 -0.
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. Clay /Schurman moved to open the public hearing for the 2013 Street Reconstruction
Project, Project No. 2013 -1 — Res No. 7247. Motion carried 4 -0.
Jeff Weyandt, Assistant City Engineer, said that on September 4, 2012, City Council ordered the
preparation of the preliminary engineering report for the 2013 Street Reconstruction Project.
The report was completed and accepted by City Council on December 18, 2012.
Official Proceedings of the February 5, 2013
Shakopee City Council Page 3
The propose project includes reconstructing the following streets:
• Harrison Street, f r o m 10th Avenue to l 1 th Avenue
• Jackson Street, from 10th Avenue to 1 lth Avenue
• Van Buren Street, from 10th Avenue to 12th Avenue
• Tyler Street, from 1 lth Avenue to 12th Avenue
• 12th Avenue, from Taylor Street to Adams Street
• Atwood Street, from Shakopee Avenue to 10th Avenue
30% of the street improvements for a residential street ($564,786.40) will be assessed to the
benefitting properties, approximately $3,868.40 per parcel. The remaining costs associated with
the street improvements will be paid from tax levy ($1,412,833.60).
Storm sewer improvements ($175,500.00) will be paid from the Storm Sewer Fund. Water main
improvements ($569,440.00) will be funded by Shakopee Public Utilities. Sanitary sewer
improvements ($435,600.00) will be paid from the Sanitary Sewer Fund.
James Lynn, 2088 12 Ave. W., wanted the assessment process explained. He also asked why
the City doesn't impose a charge to all vehicles registered in the City of Shakopee to pay for the
assessments. Bruce Loney, City Engineer and Mark McNeill, City Administrator explained the
assessment process and state laws regarding assessments.
Peggy Philipp 1015 Harrison St., discussed concerns regarding interest on assessments and the
payback time allowed. She presented some ideas to Council and asked them to consider her
suggestions.
Schurman/Whiting moved to close the public hearing. Motion carried 4 -0.
Clay /Whiting offered Resolution No. 7247, A Resolution Ordering an Improvement and
Preparation of Plans and Specifications for the 2013 Street Reconstruction Project, Project No.
2013 -1, and move its adoption. Motion carried 4 -0.
7. Business Removed from the Consent Agenda
None
8. Recess for Economic Development Authority Meeting
None
9. Reconvene
10. General Business
10.A.1 Appeal of the Board of Adjustment and Appeals Decision on Shakopee Gravel, Inc.
Conditional Use Permit — Res. No. 7272.
Michael Leek, Community Development Director, stated that the Board of Adjustment &
Appeals (BOAA) decision on Shakopee Gravel, Inc.'s, Conditional Use Permit (CUP) was
approved on January 3, 2013. On January 14, 2013, City staff did receive an appeal application
from Beverly Koehnen, 2036 Canterbury Rd., Shakopee.
Official Proceedings of the February 5, 2013
Shakopee City Council Page 4
Mr. Leek said staff reviewed the application and recommended approval with 22 conditions of
approval. At both BOAA meetings they took comments from several adjacent property owners
and had significant discussion on the use; ultimately reaching findings that supported the
approval of the request, with one minor modification to the listed conditions.
Mr. Leek also noted Resolution No. 7272 had an error in the title. It should read:
Resolution No. 7272, A Resolution Of The City Of Shakopee, Minnesota Upholding The
Determination Of The Board Of Adjustment And Appeals Of Amendment No. 5 To Conditional
Use Permit No. Cc -376 (And Subsequent Amendments No. 1, 2, 3 & 4) And The Mineral
Extraction And Land Rehabilitation Permit To Operate A Mine Within The Mining Overlay
(Min) Zone.
Beverly Koehnen, 2036 Canterbury Road, addressed Council with her concerns. She specifically
stated that she felt previous significant conditions of approval have been eliminated, and that
conditions included in the board's recent actions will be injurious to the use and enjoyment of
neighboring properties. She also stated that she believes the end date included in the previous
CUP should be held to by the City and the applicant.
Cncl. Clay said he doesn't approve of the CUP because there is no end date listed. The original
CUP drafted in 1988 had an end date of January 16, 2013. He would like to see a specific date
listed as to when the reclamation process would be finished.
Jack Perry, Attorney for Shakopee Gravel, suggested that if the City Council did not pass the
CUP his client would seek action through court or possibly consider a sale of the property to the
Shakopee Mdewakanton Sioux Community.
John Shardlow, Senior Associate at Stantec Consulting, Inc. discussed end use plans and tax
revenues regarding the Shakopee Gravel site.
After discussions between Council and Mr. Perry, Mayor Tabke asked for a vote.
Schurman/Whiting offered Resolution No. 7272, A Resolution of the City of Shakopee,
Minnesota Upholding the Determination of the Board of Adjustment and Appeals of Amendment
No. 5 to Conditional Use Permit No. Cc -376 (And Subsequent Amendments No. 1, 2, 3 & 4) and
The Mineral Extraction And Land Rehabilitation Permit To Operate A Mine Within The Mining
Overlay (Min) Zone. Motion carried 3 -1 with Cncl. Clay opposing.
10.E.1 Approval of Issuance of Request for Proposals for Organized Garbage and Recycling
Contract.
Item was added to Consent Agenda.
10.F.1 Consideration of Study with Foth Engineering Regarding Odor Issues.
Mr. McNeill said that staff has spoken to Foth Engineering regarding complaints received by the
City from area residence in and around the SMSC's Organic Recycling Facility (ORF). Foth has
personnel who have experience with odors, composting facilities, and related environmental
problems.
Official Proceedings of the February 5, 2013
Shakopee City Council Page 5
Foth subsequently submitted a proposal to study the odor problems as they relate to the ORF.
Foth would hold a series of meetings with the tribe and its consultants. Then, after the spring
thaw when odors are anticipated to again become more pronounced, Foth personnel would take a
series of odor readings, with the intent to set up protocols which will mirror readings taken by
the Tribe to independently determine the extent of the odor problem.
Foth's fee for the proposed study is $22,900. The Shakopee Mdewakanton Sioux Community is
willing to participate, as is Scott County. Given the tentative agreement for a three -way split of
the cost, the City's share would be about $7,400.
Clay /Whiting moved to authorize staff to enter into an agreement with Foth Infrastructure &
Environment LLC to study odor issues related to the SMSC Organic Recycling Facility. Motion
carried 4 -0.
10.F.2 Use of SMSC Grant Money
Mr. McNeill said last Fall, the Shakopee Mdewakanton Sioux Community (SMSC) provided a
$150,000 grant to each of five cities in Scott County, with the stipulation that the grant would be
used for something to benefit the public.
This was discussed at the City Council meeting of October 17 At that time, several proposals
were narrowed to the following:
1. Funding of hockey team rooms.
2. Senior Center.
3. Trail connections (Southbridge Parkway to Wakefield Circle, and Sarazin Street to
Memorial Park).
Mr. McNeill said that, following that discussion, Councilor Lehman had relayed a suggestion
from a resident that the money be used to repay the portion of the County Road 83 construction
loan, which was advanced to the City by Scott County. That loan was used to fund the City's
share of the improvements to County Road 83 from 17th Avenue to the City limits. Otherwise,
this loan, which totals approximately $300,000, is due to be repaid in 2015. The source of
funding at that time was anticipated to be the Capital Improvement Fund.
Clay /Schurman moved to put the grant money in the Park and Recreation Improvement Fund and
let the Park and Recreation staff decide how the money will be spent. Motion carried 3 -1 with
Mayor Tabke opposing.
10.F.3 2013 Boards and Commissions Liaison Appointments.
Item was added to the Consent Agenda.
11. Council Members' Reports
Cncl. Whiting attended a Fire Department meeting regarding pay issues. He also attended the
school board meeting where there was discussion regarding the upcoming referendum. He also
attended SCALE's executive meeting.
Cncl. Clay and Cncl. Schurman had nothing to report.
Mayor Tabke attended the MLC Annual Legislative meeting regarding fiscal disparities.
Official Proceedings of the February 5, 2013
Shakopee City Council Page 6
12. Other Business
Schurman/Clay moved to a closed session to discuss the sale of the downtown fire station
building. Motion carried 5 -0.
Mayor Tabke reconvened the meeting at 8:45 p.m.
Mayor Tabke announced there was no action taken during the closed session.
13. Adjourn
Schurman/Clay moved to adjourn to Tuesday, February 12, 2013 at 7:00 p.m. Motion carried 4-
0.
Meeting ended at 8:47 p.m.
/ulie A. Linnihan
Finance Director /City Clerk
Kim Weckman
Recording Secretary