HomeMy WebLinkAbout5.F.2. Approval of Minutes: January 05, 2010
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5,2010
Judy Cox, City Clerk, swore in Mayor John Schmitt, Councilor Steve Clay and Councilor
Pamela Punt.
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat
Heitzman, Steve Clay and Pamela Punt present. Also present Mark McNeill, City Administrator;
Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; Jim Thomson, City
Attorney; R. Michael Leek, Community Development Director; Bruce Loney, Public Works
Director/City Engineer; Gregg Voxland, Finance Director; Jeff Tate, Police Chief; and Rick
Coleman, Fire Chief.
The Pledge of Allegiance was recited.
Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mark McNeill
asked add 13 .E.1, Resignation of Community Service Officer Ryan Soliday.
No one moved to approve the agenda but the motion was carried. Motion carried 5-'0.
In the Mayor's report Mayor Schmitt presented previous Council member Terry Joss with a
plaque and recognition for his years of service on the City Council.
Rick Coleman, Fire Chief, presented the Life Safety A ward to Eric Bender and Darren Giese for
the rescue of a person from the Minnesota River on December 13, 2009.
Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda.
Mr. McNeill asked to remove 5.F.7., 2010 Council Liaison Appointments, add 12.A. Community
Access Preservation (CAP) Act (D) and add 13.E.1, Resignation of Community Service Officer
Ryan Soliday.
Clay/Lehman moved to approve the Consent Agenda as amended. Mr. McNeill read the consent
agenda. Motion carried 5-0.
Clay/Lehman offered Resolution Number 6980, A Resolution of the City of Shako pee,
Minnesota, authorizing participation in the Southwest Metro Drug Task Force and to authorize
entering into a cooperative agreement with the Minnesota Department of Public Safety, Office of
-_.~.- Justi.ce-.Er-Ograms.as.iis-finanr.i::ll ag.enL(Motion C::lrrieo lmoer the_ Consent Aeenda) ---------
Clay/Lehman moved to authorize the appropriate city staff to enter into agreements to extend the
current Police Liaison and School Resource Agreements through December 31,2010. (Motion
carried under the Consent Agenda)
Clay/Lehman offered Resolution No. 6978, A Resolution Accepting a $1,000.00 Donation from
the Shakopee Jaycees, and move its adoption. (Motion carried under the Consent Agenda)
Official Proceedings of the January 5,2010
Shakopee City Council Page -2-
Clay/Lehman moved to accept, with regret, the resignation of Dan Leadstrom from his position
as paid-on-call firefighter with the Shakopee Fire Department. (Motion carried under the
Consent Agenda)
Clay/Lehman moved to approve granting Frank Coburn full-time, regular status as a Police
Officer for the City of Shakopee. (Motion carried under the Consent Agenda)
Clay/Lehman moved to authorize a reduction of hours for Senior Accounting Clerk Eileen
Klimek to an average of 32 hours per week, effective January 4,2010. (Motion carried under the
Consent Agenda)
Clay/Lehman moved to accept, with regret, the resignation of Ryan Soliday from his position as
a Committee Service Officer with the Shakopee Police Department effective January 10,2010.
(Motion carried under the Consent Agenda)
Clay/Lehman moved to approve the bills in the amount of$858,152.56 and electronic transfers
in the amount of$378, 923.44 for a total of$1,237,076.00. (Motion carried under the Consent
Agenda)
Clay/Lehman moved to approve the minutes of December 1, 2009 and December 15,2009.
(Motion carried under the Consent Agenda)
Clay/Lehman offered Resolution No. 6979, Changing the February 2,2010 Council Meeting
Date to Wednesday, February 3,2010, and moved its adoption. (Motion carried under the
Consent Agenda)
Clay/Lehman moved to designate the Shakopee Valley News as the official newspaper for the
City of Shako pee for the year 2010. (Motion carried under the Consent Agenda)
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Clay/Lehman moved to approve the renewal of the workers compensation with the League of
Cities Insurance Trust for 2010 with a deposit premium of$253,522 plus $1,813 for volunteer
accident coverage. (Motion carried under the Consent Agenda)
Clay/Lehman moved to approve and endorse the Council Meeting Procedures, as outlined in the
January 5,2010 memorandum from Mayor Schmitt. (Motion carried under the Consent Agenda)
Clay/Lehman moved to authorize the Mayor and Telecommunications Advisory Commission
Chair to send a letter to Representative Kline and Senators Klobuchar and Franken urging their
-- ~llpport, anc1 if possible, to co-~ron~or the C;ommllnityPresenrztioll-Act, l-IR 3745,...ancLtO-wo.rk
for its rapid passage. (Motion carried under the Consent Agenda)
Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that
was not on the agenda. No one responded.
Ms. Cox presented Council with the Alleged Tobacco Violations. Ms. Cox stated that notices
were sent to Speedway SuperAmerica LLC, Tobacco Express, Inc., and Stop & Shop Stores Co.
concerning their alleged violation of selling tobacco products to a minor.
Official Proceedings of the January 5, 2010
Shakopee City Council Page -3-
Ms. Cox said that Speedway SuperAmerica, LLC, has signed the Waiver and Admission of
Violation. The Stop & Shop Stores Co. contacted the City to advise that the convenience store
and gas station was recently closed and that there is no intention of reopening it. Ms. Cox also
said that the 2009 tobacco license has expired and no application has been received for renewal
for 2010. Ms. Cox also said that Tobacco Express, Inc. has not signed a Waiver and wished to
speak to the Council regarding the violation.
Lehman/Heitzman moved to acknowledge receipt of the "Waiver and Admission of Violation"
from Speedway SuperAmerica LLC, 1155 East 1 st Avenue, for the sale of tobacco to a minor and
impose a penalty for the first violation in the amount of $200.00 and a suspension ofthe tobacco
license for two days beginning at 12:01 a.m. on January 15, 2010 and ending at 12:00 midnight
on January 16, 2010. Motion carried 5-0.
Lehman/Heitzman moved to take no action on the tobacco violation of Stop & Shop Store Co.,
234 First Avenue West, due to the fact that the convenience store and gas station has closed and
there is no intention of reopening it, and their tobacco license has expired. Motion carried 5-0.
Mr. Ayman Shahin, Tobacco Express, Inc., asked ifthe Council would consider imposing a
higher fine rather than closing the business for two days. He said that his business deals strictly
with tobacco sales and revoking his license to sell tobacco for two days would mean he would
need to close the store. He said that two of his employees would be out of work for two days as
well as his company receiving a $100 fine from the building leasing company for not operating
their business for two days.
Cncl. Clay asked Jim Thomson, City Attorney, if the Council had the authority to make changes
to the ordinance as written. Mr. Thomson stated that the ordinance clearly defines that a first
offense of selling tobacco to minors is punishable by a $200 fine and suspension of the tobacco
license for two days, but that the ordinance could be amended.
Clay moved to impose a penalty on Tobacco Express, Inc., 1143 Vierling Drive East, for the sale
of tobacco to a minor and impose a penalty for the first violation in the amount of $200.00 and a
suspension ofthe tobacco license for two days, beginning at 12:01 a.m. on January 15,2010 and
ending at 12:00 midnight on January 16, 2010.
Mayor Schmitt asked for a second on the motion. Motion died for lack of a second.
Cncl. Lehman asked what the penalty is for a first time liquor violation. Mr. Thomson said that
the penalty is a $1000 fine and liquor license suspension for one day, however, the $1000 fine is
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Clay/Heitzman moved to table imposing a penalty on Tobacco Express, Inc., 1143 Vierling
Drive East for the alleged tobacco violation on May 28,2009. Motion carried 5-0.
Lehman/Heitzman moved to direct staff to re-draft the penalty for a first offense of the tobacco
ordinance to be consistent with the first offense of the alcohol ordinance for exclusive tobacco
,
stores. Discussion followed.
Official Proceedings of the January 5,2010
Shakopee City Council Page -4-
Mr. Thomson expressed a concern that if the first violation penalty changes it will not be in sync.
with the second and third tobacco violation penalties. Cncl. Lehman stated that he only wanted
to change the penalty for the first offense of the tobacco license violation to be the same as the
first offense of a liquor license violation for tobacco only establishments. He also stated that the
penalty for the second and third tobacco license violation would stay the same.
Mayor Schmitt asked for a vote on the motion. Motion carried 5-0.
Mayor Schmitt asked to discuss the item taken offthe Consent Agenda. Mr. McNeill said that
he asked for the removal of 5.F. 7, 2010 Liaison Appointments, because Cncl. Clay is listed on
the Board of Review and would not be able to fulfill that obligation. Mr. McNeill said that staff
will come back at a later date with recommendations.
Lehman/Punt moved to affirm the 2010 liaison appointments of Mayor Schmitt with the
exception of Cncl. Clay being on the Board of Review, as outlined in the January 5, 2010
memorandum from Mayor Schmitt. Motion carried 5-0. (CC Document No. 474)
Mayor Schmitt asked for Council Liaison reports. Cncl. Clay said he attended the Shakopee
Public Utility Commission meeting. Discussed was the hiring of a company to assist in the
process of searching for a new manager. Also discussed was a presentation about protecting the
aquifers. Cncl. Lehman said he attended the Derby Days meeting. He said thatJhere will be
changes to the Derby Day's logo as well as appointing a chairperson for the 5K run. They were
also pleased with the outcome of the new web site they implemented last year. They received
several hits on the site. Cncl. Punt had nothing to report. Cncl. Heitzman said he attended the
Downtown Partnership meeting. He said they appointed Kathy Klehr as their president.
Mr. McNeill presented Council with the Highway 101 First Avenue Discussion. Mr. McNeill
said that consultant Chris Chromy of Bolton & Menk & Bryan HaJjes of Hoisington Koegler
Group were there to present long and short term options for the First A venue Corridor.
Mr. Chromy said that at the November 10,2009 meeting the City, County and the consultant
team presented short and long term challenges associated with the reconstruction of 1 st Avenue.
Staff was directed to consider 10ng-ternl needs as well as preparing for the short term
infrastructure replacement project. The draft concepts were discussed by the CH 101 Corridor
Advisory Committee (CAe). Mr. Chromy said that six concepts were developed based on
information gathered at the meeting. Mr. Chromy explained the long term and near term
concepts. The long term concepts are as follows:
_________Conc~--=AJall.e....divid.e-dLQadwa~-e-c1ioIl;-XOJIDd-=-a-~o-J,lUuiers..ec1iQn.JLaLSpJ:;UQer.J2almt;;uulCL________
Marschall Road; extension on Bluff Ave. to Spencer; extension of 2nd Ave.; pedestrian/bike
crossing at market.
Concept 2 - 4 lane divided roadway section; signalized intersections at Spencer, Market and
Marschall Rd.; extension of Bluff Ave. to Spencer; extension of 2nd Ave; pedestrian/bike
crossing at Market St.; promote mid-block alley connections.
Official Proceedings of the January 5,2010
Shakopee City Council Page -5-
Concept 3 - 4 lane divided roadway sections w/striped turn lanes at intersections; signalized
intersections at Filmore, Dakota, and Marschall Rd.; extension of Bluff Avenue to Spencer;
extension of 2nd Ave.; pedestrian/bike crossing at Market St.
Concept 4 - Realigned corridor; 4 lane divided roadway section, expandable to 6 lane; signalized
intersection at Spencer St. and Marschall Rd.; extension of Bluff Ave. to Spencer; Large scale
redevelopment (Riverfront District); green street along 2nd Ave. with parking courts south of rail
line; increased connections to riverfront.
Concept 5 - 5 lane divided roadway section with aggressive access management; signalized
intersections at Spencer St. and Marschall Rd; extension of Bluff Ave. to Spencer; Primary
access from Bluff Ave. and 2nd Ave; rail crossing moved to Dakota St.
Concept 6 - 6 lane divided road section; right-of-way acquisition on north and south side of
existing roadway; signalized intersections at Spencer St. and Marschall Rd.; extension of Bluff
Ave. to Spencer; extension of 2nd Ave.; Primary access from Bluff Ave. and 2nd Ave.; Rail
crossing moved to Dakota St.
Each Council member had a chance to voice their opinion regarding the concept designs. Cncl.
Heitzman believes the project would not have much success dealing with the railroad company
to open any intersections. He also questioned why the river bridge was not a part of this project.
Mr. Chromy said that the plan is to have a meeting with the railroad regarding the concept
designs. He also said there are plans to redesign and expand the river bridge up to Hwy. 212 but
his firm is just handling the planning and designing of the First Ave. corridor.
Cncl. Punt asked for other alternatives for the Bluff Street extension which runs through Huber
Park. Mr. Chromy said that they have been working on some less intrusive concepts for the 1 st
A venue, Spencer and Filmore area.
Cncl. Lehman had concerns regarding the long term costs ofthe project as well as all ofthe
concept designs. He didn't feel any of the designs would work for the City of Shakopee.
Cncl. Clay asked for clarifying information on a few of the concepts and commented on Concept
3, which he was in favor of, Bluff Avenue and Filmore being away from the Park and he liked
the stacking for access to the bridge
Mayor Schmitt discussed his likes and dislikes of the concepts. He had concerns with the
concepts that require major redevelopment of 1 st A venue as well as his concerns with the Bluff
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to 1 st Avenue.
Mr. McNeill presented Council with the Denny Hecker Property Discussion. Mr. McNeill
introduced John Ulrich and Lisa Freeze with Scott County who lead the discussion.
Official Proceedings of the January 5,2010
Shakopee City Council Page -6-
Mr. Ulrich presented background of the Transit Review Board (TRB) and the partnership with
Shakopee and Prior Lake that the County has had regarding transit. Ms. Freeze said that Scott
County has had discussions with the Metropolitan Council about the possibility of purchasing the
vacant Shakopee Dodge site as a transit hub. The facility would allow for indoor storage of the
County's bus fleet, serve as administrative offices for Scott County Transit, and would also
provide a park and ride site for approximately 400 vehicles.
Ms. Freeze said that Mn/DOT and the Metropolitan Council have indicated that there may be
money available for possible purchase but would expect that the Cities of Shakopee and Prior
Lake and Scott County would contribute transit funds to the project.
Ms. Freeze discussed the impact of taking the site off the tax roll. Ms. Freeze showed the current
property tax statement for the site listed at $156,016. Of that, Shakopee would receive
approximately $20,828 including approximately $10,000 for fiscal disparities.
If the site is acquired, the cities' share of the cost of the surface lot park and ride portion of the
site would be based upon a 60/40% split between Shakopee and Prior Lake. That amount would
need to be determined. Funding would come from the Transit reserve, which currently has $1.7
million balance.
Cncl. Lehman said he's not totally opposed to the idea but would like further evaluation of
placing the transit hub at 169 and County Road 69 on the west end of Shakopee. Cnc1. Clay
fully supports the project. Mayor Schmitt feels that the property should be left as commercial
retail property.
All Council members are in agreement that they are open for discussion regarding the property at
1615 Weston Court to be a transit site.
Gregg V oxland, Finance Director, presented Council with discussion to property for a Te1ecomm
facility.
Mr. Vox1and said the City has been approached by a telecommunications company about using
an Xcel tower for an antenna mount and they would need space on land to locate an equipment
cabinet. The tower is located on park land and thus a lease from the City is needed for the
cabinet location. The cabinet location would be in the northwest part of the Southbridge area
nextto 6801 Oxford Rd. S.
Clay/Punt moved to refer telecomm facility leases for city property to the Development Review
__._____CommitteS<.fQI..r.eQ<Lm.me.ndatiQn of a IL<2liQY-;....and'-nLQ.Y.ed_tQ_dire...GLsj:af[t~Leuter into .n~tialions_______________
for a lease for a telecomm cabinet site on city property at Oxford Road South with an escrow
deposit for staff time and expenses and bring back the proposed lease to Council for approval.
Motion carried 5-0.
Official Proceedings of the January 5,2010
Shakopee City Council Page -7-
Mr. McNeill presented Council with dates for future workshops. Mr. McNeill recommended
January 26,2010 for the Two Years Goals and Objectives Retreat, February 9,2010 for the
SCALE Planning Fundamentals Meeting with the Planning Commission and February 23,2010
for the River Crossing Implementation Cooperative Discussion with the Scott County Board. All
Council members agreed to the date recommendations by Mr. McNeill.
Mayor Schmitt asked if there were any other Council concerns. Cncl. Lehman asked what
Public Works is doing about the conditions ofthe streets since the last snow storm. Mr. McNeill
stated that all metro area cities were having the same issue. The chemicals used to melt the ice
are ineffective in sub-zero weather. Mr. McNeill said that when the temperature warms up and
starts melting the snow and ice, Public Works will probably be working on clearing the streets.
Heitzman/Punt moved to recess for an executive session to discuss labor negotiations at 10: 18
pm. Motion carried 5-0.
Mayor Schmitt re-convened the meeting at 10:49 p.m. and stated that no action was taken, by the
City Council, during the executive se~sion.
Punt/Heitzman moved to adjourn to Tuesday, January 19, 2010 at 7:00 p.m. Motion carried 5-0.
The Council meeting ended at 10:50 p.m. on Tuesday, January 5,2010.
'I~o/-
n\.6~-0Uv "
iJJdith S. Cox
\ /
City Clerk
Kim Weckman
Recording Secretary
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