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HomeMy WebLinkAbout7. Approval of Minutes: November 01, 2005 and November 15, 2005 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,NITNNESOTA NOVEMBER 1, 2005 Mayor John Schmitt called the meeting to order at 7:06 p.m. with Council members Joe Helkamp, Terry Joos, Matt Lehman and Steve Menden present. Staff present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Kris Wilson, Assistant to the City Administrator; Jim Thomson, City Attorney; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jeff Weyandt, Assistant City Engineer. The Pledge of Allegiance was recited. It was requested that item 15.E.4, Increase in Pay Scales for Shakopee Fire Department Officers, be deleted and brought up again at a workshop session. It was also requested that item 16.A. Review of Parking Restrictions, Section 9.50 ofthe City Code, be moved ahead in the agenda to replace item 10. Menden/Joos moved to approve the agenda as amended. Motion carried 5-0 Mayor Schmitt reported that he, along with Dave Unmacht and the County Commissioners, met Congressman Kline on Monday to see if help can be obtained working on the fee to trust application. The meeting was for informational purposes. Added to the consent agenda were 14.B Shakopee Sesquicentennial Date - Resolution No. 6319; and, 15.A.2. Authorized Advertising for Bids for a Medium Rescue Truck. Lehman/Joos moved to approve the Consent Agenda. Motion carried 5-0. Mayor Schmitt asked if there were any interested citizens in the audience who would like to be heard on any item not on the agenda. Bruce Kennedy from Roseville,Minnesota approached the podium and asked that Council consider adopting a resolution and submitting it to the State of Minnesota Legislature to allow municipalities to chose rank vote elections. Rank vote elections would allow majority winners without a primary election. School boards were required to have primaries if there were more than two candidates for each office. Mr. Kennedy urged the Council to consider what he has proposed and offered his telephone number to the Council should they have any questions. Mr. McNeill suggested that Mr. Kennedy contact the League of Minnesota Cities for their support. Mr. Kennedy indicated that he has contacted them and is trying to get as much support as possible. Official Proceedings of the November 12005 Shakopee City Council Page -2- Lehman/Joos moved to approve the meeting minutes forthe September 12, 2005 (6:00 p.m.), September 20,2005 (6:00 p.m.), October 4,2005 (5:30 p.m.) and October 4,2005 (7:00p.m.) meetings. (Motion carried under the Consent Agenda.) Lehman/Joos moved to approve bills in the amount of$994,535.14 plus $152,494.00 for refunds, returns and pass through for a total of $1,147,029.14. (Motion carried under the Consent Agenda. ) Helkamp/Menden moved to open a public hearing to discuss the proposed assessments for 2005 street reconstruction, Project 2005-1, Resolution No. 6316. Motion carried 5-0. Jeff Weyandt, Assistant City Engineer approached the podium to review road improvements that were completed on Sommerville Street from 4th Avenue to 5th Avenue, Sommerville Street from 6th Avenue to Shakopee Avenue, Apgar Street, from 10th Avenue to Meadows North, Scott Street from 10th Avenue to Meadows North, Atwood Street from 10th Avenue to Meadows North and Fuller Street from 8th Avenue to 10th Avenue. Mr. Weyandt stated that the final project cost was $1,325,437.07 (City costs of$722,024.61 and SPUC costs of $240,667.93) and requested that the Council approve assessments in the amount $262,744.53. Mayor Schmitt asked if there was anybody in the audience who would like to be heard. None JooslHelkampmoved to close the public hearing. Motion carried 5-0. Lehman/loos offered Resolution No. 6316, A Resolution Adopting Assessments for the 2005 Street Reconstruction, Project No. 2005-1, and moved its adoption. Motion carried 5-0. Helkamp/Mendenmoved to open a public hearing to discuss the proposed assessments for Valley View Road west of County Road 83, Project 2004-3, Resolution No. 6317. Motion carried 5-0. Jeff Weyandt, Assistant City Engineer approached the podium to discuss the road improvements at Valley View Road from the east plat line of Greenfield Addition to County Road 83. Mr. Weyandt stated that the final project cost was $647,279.83 (City costs of$77,539.66 and SPUC costs of $2,244.00) and requested that the Council approve assessments in the amount $567,496.17. Mayor Schmitt asked if there was anybody in the audience who would like to be heard. None JooslHelkamp moved to close the public hearing. Motion carried 5-0. Official Proceedings of the November, 1, 2005 Shakopee City Council Page -3- Joos/Menden offered Resolution No. 6317, A Resolution Adopting Assessments for Valley View Road Improvements, from the East Plat Line of Greenfield Addition to County Road 83, Project No. 2004-3, and moved its adoption. Motion carried 5-0. Menden/Helkamp moved to open a public hearing to discuss proposed assessments for 2005 Bituminous Overlay, Project 2005-4, Resolution No. 6318. Motion carried 5-0. , Jeff Weyandt, Assistant City Engineer approached the podium to discuss the 2005 bituminous overlay project on Quincy, Madison, Jefferson and Monroe Streets from 11th Avenue to 12th Avenue. Mr. Weyandt stated that the final project cost was $174,536.72 with City costs of$131,555.44. Mr. Weyandt requested that the Council approve assessments in the amount $42,981.28. Mayor Schmitt asked ifthere was anybody in the audience who would like to be heard. None Joos/Helkamp moved to close the public hearing. Motion carried 5-0. Cncl. Joos commended staff for ajob well done in presenting costs and their communication with residents. Joos/Lehman offered Resolution No. 6318, A Resolution Adopting Assessments for 2005 Bituminous Overlay, Project No. 2005-4, and moved its adoption. Motion carried 5-0. Liaison reports were given by the Council members. Cncl. Joos stated that he has been visiting the newly constructed playground and reported there were approximately 25-30 children using it each time he had visited. Cncl. Helkamp stated he had attended a tour of the public works facilities to see how construction is coming along. He also reviewed the budget and change orders. He added that the contractor is doing a good job with both staying in budget and construction. He stated that the Council has been invited to the new jail for a sleep-over on November 10th & 22nd. He went on to say that the Governor attended the Prior Lake Chamber of Commerce meeting, gave a speech and stayed for luncheon. Cncl. Lehman stated he attended a park board meeting. The main topic of discussion was the Huber Park design and costs. He added that Chair Dorenkamp gave his resignation; he is leaving Minnesota. Cncl. Lehman added that he had worked with the school site committee and discussed potential short term and long term school sites. Official Proceedings of the November 1, 2005 Shakopee City Council Page -4- Cncl. Menden stated that he met with the School Board, Council members and SPUC to discuss potential school sites. He also attended a Downtown Partnership meeting and noted that the City will have its Second Annual Holiday Festival on December 9th and 10th. Helkamp/Joos moved to recess the Council meeting at 7:38 p.m. for the regularly scheduled Economic Development Authority meeting. Motion carried 5-0. Mayor Schmitt reconvened the regular session of the Shakopee City Council at 8:00 p.m. Bruce Loney approached the podium to discuss winter parking restrictions, Section 9.50 of the City Code. He reviewed the ordinance currently in place. Cncl. Lehman stated that he had requested that the parking restrictions be revisited. Mr. Loney felt that, from his perspective, it's working well and that the restrictions should stay in effect until the street is plowed. Chief Hughes approached the podium and discussed the parking restrictions. He indicated that the Shakopee Police Department had issued warnings to citizens who are affected by the parking ordinance from November 1 st to November 30th. They began issuing citations on December 1st. The Chief indicated that the primary reason for winter parking is so that streets are cleared when it's time to clear snow so it can be done efficiently and safely. He added that since the ordinance had taken affect the streets are the best they've been in years. Cncl. Lehman asked what would be wrong with implementing the start date on the date of the first snow. The Chief indicated that if the Council's preference is to make a change, they are able to. He added that the intent is to change behavior before there is a snow fall. Mr. Loney added that the ordinance gives the City the right to tag and subject to tow. It allows the City to remove vehicles immediately from snow emergency routes if circumstances dictate. The Police Chief added that it's not very often that they have to tow vehicles other than on through-way streets. Cncl. Lehman asked how his staff feels about writing a snow parking ticket on a 60-70 degree day. The Chief responded that his organization feels it's important to keep streets clear. If people are in violation, his officers will issue violations. Cncl. Joos added that the Police Department is merely enforcing the ordinances the Council has put into place; it's their job to enforce the ordinance and do it fairly. Mayor Schmitt added that the current ordinance also forces occupants to find places to park multiple vehicles. Official Proceedings of the November 1, 2005 Shakopee City Council Page -5- Cncl. Lehman asked that the Police Department use discretion in issuing citations. Cncl. Helkamp noted that if the Council wishes to change the ordinance, they need to need to put it into and ordinance, not to tell staff to use discretion. Cncl. Lehman stated he will begin work on writing a new ordinance. R. Michael Leek approached the podium to discuss a Comprehensive Plan Amendment to Reguide Property :from Rural Residential to Medium Density Residential, Extend MUSA and Rezone Property :from Agricultural Preservation (AG) Zone to Medium Density Residential (R2) Zone. The property is located south of County Road 16 and west of Pike Lake Road and is approximately 134 acres. The concept plan includes a variety of single family lots, a school site, 20 acres for commercial and senior housing and approximately eight acres for a park and ride site. Mr. Leek explained that the applicant's request was tabled at the October 4,2005, Council meeting for additional information relating to: 1) MUSA allocation for 2005, 2) an update on ISD 720's preferred site for an elementary school, 3) SPUC investment for a booster station, and 4) revisions to theMUSA staging plans. Mr. Leek responded to the items. Mr. Leek stated that the Planning Commission recommended leaving the property as guided, rezone to- RIB and using the Planned Unit Development ordinance process for this site. He explained that the ordinance and resolution that have been prepared reflect this recommendation. He noted that the review dead line for this application is November 25, 2005 and if a different action is desired, Council should direct that the documents be redrafted and brought back for Council consideration. Discussion followed. Mathew Weiland, Tollefson Development, applicant, stated that he supports the Planning Commission andthe staff for RIB and that he is confident that they can work with staff to come up with a high quality community. He stated that they are willing to contribute a portion to the costs for Pike Lake Road. Discussion continued. Councilor Menden stated that it doesn't seem that all of the policies, d. e. and f. in Resolution No. 6322, are met. Based on the policies not being met, he believes that this site does not warrant obtaining MUSA. In response to Councilor Menden's concerns, Mr. Leek suggested incorporating into the findings: paragraph d) the developer's willingness to share the costs for the expansion of Pike Lake Road and that this will be handled as part of the plat, paragraph e) that the final determination of the corridor for CR 21 will be determined between the cooperation of the county, city and developer, and paragraph f) the opportunity to work with the developer to insure that there is a variety of lot types and values in the project and that the concept is just a concept and that it will be modified through the normal process. Official Proceedings of the November 1, 2005 Shakopee City Council Page -6- Gary Wollschlager, Tollefson Development, applicant, stated that the concept planis developed based on a conversation with a planning commission member and that discussions with the school district may change it. It is just a concept and 90% of the issues of city council can be addressed with the plat. He stated that they are willing to go to an R-IB zone with using the PUD process, and Council has opportunities to make recommendations through this process. Tollefson Development is willing to work with the city, county and school district on getting everything that is needed for this site. Concerned residents Mitch Grove and Rick Padfield approached the podium to relay their concerns about a higher density project so close to their properties which feature an open space, rural setting. Mr. Grove indicated that in his area (Pike Lake Road) he owns the smallest lot which is three acres. Mr. Padfield presented a letter from Jeff and Dina Menke who are also opposed to the reguiding of the area. Another citizen, Scott Swanson, 2875 Thrush Street, requested that Council not rush to make a decision because the developer is in attendance. He indicated that he had spent a good deal of time over the week-end with Southbridge residents. The consensus is that they don't want more townhomes and that they want an additional school. Discussion continued. Lehman/Joos offered Resolution No, 6322, A Resolution of the City of Shakopee Approving a Request to Amend the Comprehensive Plan to Extend MUSA to Property Located south of County Road 16 and West of Pike Lake Road, and moved its adoption; directed the applicant that any development proposals should proceed with an application for a Planned Unit Development (PUD) process; and directed that the findings suggested by Mr. Leek be incorporated into the resolution. Motion carried 4-1 with Councilor Menden dissenting. Lehman/Joos offered Ordinance No. 739, A Resolution of the City of Shakopee Approving a Request to Rezone Property from Agricultural Preservation (AG) Zone to Urban Residential (R- IB Zone, and moved its adoption. Motion carried 4-1 with Councilor Menden dissenting. LehmanIMenden moved for a 10 minute break at 10:03 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 10:19 p.m. Lehman/Joos offered Resolution No. 6319, A Resolution Approving the Date of 1857 as the Year the City of Shakopee was incorporated and to establish the year 2007 as the Sesquicentennial for the City, and move its adoption. (Motion carried under the Consent Agenda. ) Lehman/Joos moved to authorize the closing of West Third Avenue in front of the new Scott County Jail on November 19, 2005.(for the open house at the new jail). (Motion carried under the Consent Agenda.) Official Proceedings of the November 1, 2005 Shakopee City Council Page -7- Lehman/Joos moved to approve advertising for bids for a medium rescue truck to replace the 1986 heavy rescue truck. (Motion carried under the Consent Agenda.) R. Michael Leek approached the podium to discuss a waiver of subdivision criteria at 619 1 st Avenue West. The property owner, Robert Pich, has requested to purchase 12' located adjacent to the east of his property. By doing so, he would be creating a 60' wide lot where 100' is the minimum lot width. Joos/Helkamp moved to waive the subdivision criteria for lot size and lot width in the B-1 Zone to allow the increase in lot width for the parcel at 619 1 st Avenue West from 48' to 60' and lot area from 6,816 square feet to 8,520 square feet. Motion carried 5-0. Lehman/Joos authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the update to the City's Comprehensive Stormwater Management Planand to prepare a Non-Degradation Plan to meet the MPCAlNPDES Phase II Rules at a cost not to exceed $68,300.00. (Motion carried under the Consent Agenda.) Lehman/Joos offered Resolution No. 6320, A Resolution Ordering the preparation of a Feasibility Report on an improvment to the 2006 Street Reconstruction Project and Tahpah Park Redevelopment and move its adoption; and, authorized Bonestroo, Rosene, Anderlik and Associates to prepare the Tahpah Park Feasibility Study component at a cost not to exceed $10,500. (Motion carried under the Consent Agenda.) Lehman/Joos offered Resolution No. 6321, A Resolution Ordering the Preparation of a Feasibility Report for Improvements to 10th Avenue from Marschall Road to Tyler St., and move its adoption. (Motion carried under the Consent Agenda.) Bruce Loney approached the podium and presented additional information concerning the issuance of building permits in the Countryside Development as requested at the previous meeting Council meeting on October 14, 2005. Mr. Loney indicated that the city's design criteria, referenced in the city code, requires the developer to provide an as-built grading plan before the issuance of building permits. He added that in the past it has been City policy to review and approve the grading plan prior to the issuance of building permits. Also, the meaning of substantially complete, recently adopted by policy in June, 2004, includes all utilities, erosion control, curb and gutter and bituminous pavement and trails and sidewalks. Mr. Loney stated that Tollefson Development is asking if they can have building permits before the sidewalks and trails are completed. Also, they are asking if they can use silt fences when sod is not available. He explained his concerns if building permits are issued prior to the developer meeting the city's requirements. Official Proceedings of the November 1, 2005 Shakopee City Council Page -8- Gary Wollschlager, Tollefson Development, provided some history on the Countryside development which was begun three and one-half years ago. He noted that when the council passed the ordinance requiring the sidewalks, he did not receive notice of this ordinance. He said that he can live with being able to obtain 12-15 building permits for the lots that he has sold, that do not have the sidewalks installed yet. Discussion followed. Lehman/Helkamp moved to table the request from Tollefson Development to receive building permits before sidewalks and trails are complete to November 15, 2005 and directed staff to put together conditions for council consideration for 15 lots. Motion carried 5-0. Helkamp/Lehman moved to extend the Council Meeting by 15 minutes at 11:00 p.m. Motion carried 4-1 with councilor Joos dissenting. Lehman/Joos moved to direct staff to submit the draft letter to Mark Gieseke, Mn/DOT Metro District State Aid Engineer, on the City's intent not to use Federal funds to improve the intersections ofCSAH 17IFourth Avenue and CSAH 17/Tenth Avenue. (Motion carried under the Consent Agenda.) Lehman/Joos moved to acknowledge the satisfactory completion of probation and authorize the retention of Tom Crocker as Police Sergeant effective November 6,2005, (Motion carried under the Consent Agenda.) Lehman/Joos moved to authorize the hiring of probationary police officer, Jaclyn Yzermans at Step 1 of the current labor contract at a monthly rate of$3,564.50. (Motion carried under the Consent Agenda.) Lehman/Joos moved to request that the Shakopee Police Civil Service Commission begin the selection process for a Community Service Officer. (Motion carried under the Consent Agenda.) Lehman/Joos moved to retain DeWenter and Viere as auditors for fiscal year 2005 at the proposed amount of$30,950.00. (Motion carried under the Consent Agenda.) Lehman/Joos moved to declare a 1996 GATR trailer (0587) surplus equipment. (Motion carried under the Consent Agenda.) City Administrator, Mark McNeill, addressed the Council to obtain approval to provide additional information to residents and mail the insert with the truth in taxation notification which will be mailed in November. Cncl. Helkamp agreed that it's an important insert. He asked, however, that staff include a statement as to how the $560,000 homestead credit was lost. Mr. McNeill stated he will make changes and will e-mail a proofto each Council member. Official Proceedings of the November 1, 2005 Shakopee City Council Page -9- Mr. Thomson cautioned that Council share their comments only to City Administrator, not to each other. Helkamp/Joos authorized a supplemental insert into the Truth in Taxation notice for FY06 and direct staff to make the insert available to the County. Motion carried 5-0. Menden/Joos moved to adjourn the Council meeting to Monday, November 14,2005 at 6:30 p.m.. The meeting was adjourned at 11:13 p.m. Moti~m carried 5-0. Judith S. Cox City Clerk Andrea Bortness Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SEUU<OPEE,NITNNESOTA NOVEMBER 15, 2005 Mayor John Schmitt called the meeting to order at 7:03 p.m. with Council members Joe Helkamp, Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark McNeill, City Administrator; Kris,Wilson, Assistant to the Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig, Parks, Recreation & Facilities Director; Jim Thomson, City Attorney, Gregg Voxland, Finance Director; and Dan Hughes, Chief of Police. The Pledge of Allegiance was recited. Helkamp/Joos moved to approve the agenda as noted. Motion carried 5-0. Mayor Schmitt reported that he, along with Cnc1. Joos and Cncl. Helkamp, met with officials at the women's reformatory to review their proposal for a fence as well as a building addition of 92 spaces. They are proposing two 12' fences, 20' apart. Reformatory officials stated that the purpose is.to keep contraband from flowing into the system. Mayor Schmitt stated that if a fence is constructed it will change the fabric of the community. The following items were added to the consent agenda: 14.B., Southbridge Savanna Oaks Park Schematic Design and Cost Estimates; and 15.FA, Set Workshop Date for Tuesday, November 29, 2005. Helkamp/J oos moved to approve the consent agenda as amended. Motion carried 5.0. Mayor Schmitt asked ifthere were any interested parties present who wished to be heard on any item not on the agenda. There being none, the meeting continued. Helkamp/Joos moved to approve the minutes ofthe October 18,2005 (6:00 p.m.) and October 18,2005 (7:00 p.m.) meetings. (Motion carried under the Consent Agenda.) Helkamp/Joosmoved to approve the bills in the amount of$I,186,077.99 plus $135,729.21 for refunds, returns and pass through for a total of$I,321,807.20. (Motion carried under the Consent Agenda.) Helkamp/Menden moved to open the public hearing on the proposed assessments for delinquent refuse bills, Resolution No. 6362 at 7:09 p.m. Motion carried 5-0. Bruce Loney presented the Council with a list of property owners who, as of today, number 95 and owe $28,035,57 in unpaid refuse and recycling services from the City's designated garbage hauler, Dick'sILakeville Sanitation, Inc. Mr. Loney stated that he had appeals from Pat and Nancy Blood as well as a memo from Jeffrey Mattson. Both appeals address situations which occurred where there is rental property and the renter didn't pay the bill. Official Proceedings of the November 15,2005 Shakopee City Council Page -2- Mayor Schmitt asked ifthere was anyone in audience who wished to address the Council. Nancy Blood addressed the Council. Ms. Blood stated that she had attempted to work with Dick's/Lakeville Sanitation to resolve the unpaid invoice. She stated that Dick'sILakeviIle Sanitation is not communicating and that the unpaid invoice is from a renter. Ms. Blood indicated that the invoice went from $89.00 to $213.00 and asked Council ifDick's/Lakeville Sanitation would service the property whether it's occupied or vacant. Mayor Schmitt answered that they would because the City has a contract and they are a closed service provider. Mark McNeill added that refuse services has been an organized system for over 30 years but the rural area is still an open system. Cncl. Lehman indicated that he was under the impression that Council had put in place a safeguard to avoid situations where a property owner isn't aware of what renters are delinquent, Dick's/LakeviIle Sanitation was to have shadow copied property owners on all invoices for rental property. Mark McNeill will check into the discrepancies in the billing amount and assist Ms. Blood in resolving the situation. Mayor Schmitt asked ifthere was anyone else in the audience who wished to be heard. There was no response. Helkamp/Joos motioned to close the public hearing at 7:24 p.m. Motion carried 5-0. LehmanlMenden offered Resolution No. 6326, A Resolution Adopting Assessments for Delinquent Garbage Bills, excluding Pat and Nancy Blood, and moved its adoption. Motion carried 5-0. Menden/Joos moved to open the public hearing on the proposed vacation of an easement south of Valley ViewRoad, within Audrella Addition, Resolution No. 6327 at 7:28 p.m. Motion carried 5-0. R. Michael Leek stated that the City Council initiated a vacation to an easement located within the Audrella Addition at its October 4,2005 meeting. The easement was granted to Minnesota Valley Electric Co-Op in 1975. In 1998, MVEC assigned the easement to the City. SPUC has taken action to vacate their portion of the easement. Mr. Leek stated that it's a fairly extensive easement. He added that the recommendation from the Planning Commission is to vacate Lots 1-9 of AudrelIa Addition but not Outlot A. Mr. Leek noted that SPUC's infrastructure in this area has been relocated. Mayor Schmitt asked if there was anyone in the audience who wished to be heard. There was no response. Official Proceedings of the November 15, 2005 Shakopee City Council Page -3- Helkamp/Menden moved to close the public hearing at 7:31 p.m. Motion carried 5-0. LehmanlMenden offered Resolution No. 6327, A Resolution to Proposed Vacation of the Easement South of Valley View Road within the Audrella Addition, and moved its adoption. Motion carried 5-0. Menden/Helkamp moved to open a public hearing regarding the 2006 Currency Exchange License Renewals at 7:31 p.m. Motion carried 5-0. Judith S. Cox, City Clerk, addressed Council. She stated that Madison Financial Companies, dba Money Xchange, DRM LLC dba Excel Pawn and GameCash, Inc. have made application for renewal of their currency exchange licenses. Mayor Schmitt asked if there was anyone in the audience who wished to be heard. There was no response. Menden/Joos moved to close the public hearing at 7:33 p.m. Motion carried 5-0. Lehman/Helkamp offered Resolution No.6324, A Resolution Approving the Applications of Madison Financial Compan:ies, dba Money Xchange, DRM LLC dba Excel Pawn and GameCash, Inc., and moved.its adoption. Motion carried 5-0. Mayor Schmitt then asked for liaison reports. Cncl. J oos reported that he had attended a Utility Workshop meeting where the main topic was the proposed school sites. He added that the Utilities Commission is waiting for the election results and their major concern is meeting the 2007 timeframe. Cncl. Helkamp did not have a report. Cncl. Lehman stated that he had attended an informative meeting regarding river crossing transportation. He suggested that the Council should discuss some of the impacts for Shakopee. Cncl. J oos asked if any part of the transportation proposal is within City limits. Cncl. Lehman answered that the Eastern part of the City will be affected in that Highway 169 will corne off in Jackson Township. Cncl. Joos asked Mr. Leek if this item is something the Council would be required to follow or should a separate commission be monitoring it. Mr. Leek answered that MnDDT and the EAC would meet with various boards. Official Proceedings of the November 15, 2005 Shakopee City Council Page -4- Mr. Leek stated that Council should be aware that there is a planned open house of the EIS on December 7th. Information will be available on the City's website. MnDOT has sent out 10,000 invitations. Cncl. Lehman stated that the Cities of Shakopee and Chaska should meet with MnDOT to discuss the river crossing. transportation proposal and there should Council representation. Menden/Helkamp moved to nominate Mayor Schmitt and councilor Lehman to be on the MnDOT study committee. Motioned carried 5-0. Cncl. Menden did not have a report. Mark McNeill introduced the topic of the proposed transfer of the City Cable Television Franchise and, Cable Television System from Time Warner Cable, Inc. to Cable HoIdco II, Inc. an Indirect wholly-owned subsidiary of Com cast Corporation, Resolution No. 6303. Mr. McNeill stated that there were unresolved issues from the October 18th meeting. Stephen Guzzetta of Bradley & Guzzetta, LLC (B&G) addressed Council. He stated that all parties agreed to extend the 120-day federally mandated review period through November 17, 2005. Mr. Guzzetta indicated that it was B&G's opinion that Comcast's transfer application is incomplete and that the 120-day review period has not yet begun. Mr. Guzzetta stated he had contacted Comcast and told them there were four primary outstanding issues: performance guarantee, reimbursement, impact on rates, program exclusivity. Mr. Guzzetta stated that Comcast's position continued to be that they will only reimburse the city $5,000 for expenses incurred. Mr. Guzzetta stated that since there wasn't a compromise offer there was not a reason to continue negotiations based on his conversations with Comcast staff Mr. Guzzetta added that the Council is required to act this evening. He indicated that if no action is taken by November 17, the transaction is deemed approved, with no conditions. John Gibbs, Vice President of Com cast approached the podium. Mr. Gibbs stated that Mr, Guzzetta represented correctly the discussions and the lack of resolution. He noted that there is only one issue that isn't agreeable and that is the reimbursement of fees. Mr. Gibbs reiterated that his company can compromise reimbursement offees to the $5,000 cap which is still higher than they have reimbursed other companies. They could not agree to fees in the amount of $35,000. Mayor Schmitt asked if, in the past, there had been a group of communities that went together with legal council and settled on a fee where the combined total was in excess of $5,000. Gibbs answered that there had been a law firm working with multiple clients. Official Proceedings of the November 15, 2005 Shakopee City Council Page -5~ Mayor Schmitt asked what Comcast's expectations were given the amount of documentation they provided. He stated that by Comcast's own actions they are party to the amount of investment the City had made. Mr. Gibbs stated he understood that the City determined to hire a consulting law firm but Corncast wasn't getting involved in the exercise of asking City's Council what to do. He noted that the question from his perspective is the open-ended request for Comcast to reimburse the City. Mr. Gibbs added that $45,000 is twenty times what was reimbursed in the last transaction. Mr. McNeill responded that the City did chose to have representation and there was concern that requested information was not forthcoming. Another assertion is the franchise fee. Mr. McNeill added that this was a business choice that Time Warner and Comeast had made and it wouldn't be fair to have the customers of the City of Shakopee pay their fees. Mayor Schmitt indicated that he was comfortable with Mr. McNeill's statement. Mr. Gibbs added that the franchise was negotiated and the City required that it be reviewed. He added that the magnitude of review was very different then similar reviews and that this review was very unusual. Cncl. Ioos asked if Comcast would be willing not to go ahead with the franchise transfer because of the fee reimbursement. Mr. Gibbs answered Comcast would like to complete the transaction. Cncl. Lehman commented a denial is the wrong action for the Council to take. Cncl. Helkamp stated that he thought everything would be ready to go by this. meeting. He added that a Council meeting is not the venue for negotiation. Cncl. Helkamp stated that as it stands, Council didn't have an approvable package before them. Cncl. Ioos noted that there is no other option; lack of action assumes that the resolution is granted. He stated that Council should follow the recommendations of the consultants the City hired. Mayor Schmitt stated that if Council chooses to deny the transaction and a lawsuit is initiated, the City would have their attorneys from League ofMN cities. Mayor Schmitt indicated he would settle for $40,000.00 reimbursement. Cncl. Lehman stated that he would like the same franchise the City had with Time Warner and wants Comcast to fully reimburse the City and is not willing to compromise. He added that he would be willing to pass resolution with that condition. Official Proceedings of the November 15,2005 Shako pee City Council Page -6- Cncl. Helkamp stated that there is another possible option to consider. The case could go to arbitration and the City should be looking at full fees incurred - not just $35,000. Mc. McNeill suggested Council grant conditional approval with full reimbursement and direct staff to investigate further options. Mr. Guzzetta noted that Option 4 has an escape clause. If Comcast, Inc. doesn't pay the City within 30 days after receipt of an invoice from the city, the resolution is deemed denied. MendenlLehman offered Resolution 6303, A Resolution Conditionally Granting the Application of Com cast Corporation for Approval of the Transfer of Ownership and Control of the City of Shakopee Cable Franchise and Cable System Currently Owned by Time Warner Cable Inc., and move its adoption with the amended Condition that Comcast, Inc. fully reimburse the City of Shakopee for all fees incurred. Motion carried 5-0. Helkamp/Joos moved to approve the Schematic Design Option 4, "Butterfly", for the park site in Savanna Oaks in Southbridge and authorized the preparation of plans and specifications. (Motion carried under the Consent Agenda.) Mr. Loney approached the podium to discuss bids received to construct a permanent control structure to control runoff from Dean Lake. Staff had been working with DNRand has raised the elevation to 746.5 to address concerns of the neighbors. Included in the bidding process is the restoration of the wetland area which had been drained because of the channel being eroded. There will also be a future trail connection from the West Dean Lake Business Park to West Bride past Quarry Lake which will be a big focal point in this area. Mr. Loney stated that the control structure had been designed with two alternatives: aesthetic with concrete structure to mimic the flow coming out of the lake for the 100 year flood elevation and the second, which is less expensive, steel sheet pile with a metal cap. Mr. Loney added that the Lower MN Watershed WPC prefers the concrete and, with the small difference in cost, staff feels it's a better alternative. Concrete will last longer and look better for a longer period of time than steel sheet pile. Helkamp/Joos offered Resolution No, 6328, A Resolution Accepting Bids on the Dean Lake Outlet Control Structure, Project No. 2005-7, and moved its adoption; approved a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments; and authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide surveying and construction engineering assistance, as needed for this project. Motion carried 5-0. (Bid awarded to Sheryl's Construction, Inc. for a concrete outlet control structure.) Helkamp/Menden moved to recess for ten minutes at 8:47 p.m. Motion carried 5-0. Official Proceedings of the November 15, 2005 Shako pee City Council Page -7- Mayor Schmitt re-convened the meeting at 9:00 p.m. Mark Themig approached the podium to show a schematic design and an updated cost estimate for Huber Riverfront Park and adjacent riverfront developments including the Levee Drive parking lot, archery range relocation and boat landing relocation. Mr. Themig indicated that Scott Swanson from the design committee was in attendance. Mr. Themig introduced Stuart Krahn of Bon est roo, Rosene, Anderlik & Associates. Mr. Krahn presented a schematic design presentation of Huber Park which indicated dimensions, material selections and quantities. Mr. Themig gave an update ofthe costs associated with the schematic design. He indicated that the boat landing will be fully funded by the DNR and the Lower Minnesota Watershed. Cncl. Lehman asked ifthere would be a cost savings in having the pavilion truss beams straight instead of curved. Mr. Krahn answered that straight beams would cost less and that he would check into the savings. Cncl. Lehman asked ifthe Shakopee Parks staff would be able to maintain the park. Mr. Themig answered that the Park Board has received copies of the schematic. He also stated that they are trying to select materials that are long term and low maintenance. Cncl. Helkamp stated that the lights shown in the schematic are fancy. Mr.. Themig stated that the same light pole is used for efficiency throughout the City. He stated that challenges and additional expenses will be created by having lights that are different from the rest of the City. Mr. Themig answered that the schematic is using the same fixture as Greenfield Park. Cncl. Helkamp asked if the schematic design includes the consideration of bird nesting control. Mr. Krahn answered that they are looking at the spacing between upper trusses and roof; the lower areas hadn't been designed. Cncl. Helkamp asked if the WAC/SAC issue had been resolved. Mr. Themig answered that it had been; the Park will be required to pay for sewer access charge which is the Met Council's policy based on the number of fixtures and is included in cost estimate. The trunk water charge is based on the amount of irrigated turf. CncI. Ioos stated that he appreciated staff taking vandalism into account when preparing the schematic. Trails and building community gathering places was included in the Visioning Workshop. lfthe City can't get the sponsors, they must find a way to build and complete the park project including the performance area, pavilion building and seating. The City as a whole will get a lot from this park, more so from any other park in the City. Official Proceedings of the November 15, 2005 Shakopee City Council Page -8- CncI. Menden echoed Cncl. Joos' sentiments. Cncl. Menden stated that the City had been working on developing the Park for over two years. He added that he would like to complete the project fully realizing that it would likely cost more. After further discussion, Menden/Joos moved to authorize the development of plans and specifications for Huber Park and adjacent sites including the Levee Drive parking lot. Motion carried 5-0. Menden/J oos moved to authorize a contract extension with Bonestroo, Rosene, Anderlik & Associates for the design work for the Levee Drive parking lot in an amount not to exceed $12,200.00. Motion carried 5-0. Helkamp/Joos offered Ordinance No. 741, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Various Sections of the City Code, and moved its adoption. (Motion carried under the Consent Agenda.) Helkamp/Joos moved to accept, with regret, the resignation of Jim Dorenkamp from the Parks and Recreation Advisory Board and thank him for the contributions he has made for the residents of Shakopee. (Motion carried under the Consent Agenda.) Bruce Loney addressed the Council and presented a feasibility report for a trunk sanitary sewer extension from the Prior Lake interceptor to the east plat line of Riverside Bluffs and requested a public hearing be set for December 6th. Mr. Loney stated that the applicant for Riverside Bluffs has petitioned the City to bring sanitary sewer to the area. They have agreed to contribute $150,000 to extend the sewer to them, ifit can be available by June I, 2006. Mr. Loney recommended that Council adopt a new assessment policy that would be in place with the feasibility report that would provide for a lateral sewer benefit assessment. Mr. Loney also received a petition from developers and property owners in the area which was prepared by the developers' attorneys. Mr. Loney added that the statute doesn't allow for it to be considered a 100% petition, one property owner did not sign it. There is no public street and a public hearing would still be required. Helkamp/Lehman offered Resolution No. 6333, A Resolution Amending the Sanitary Sewer Assessment Policy, and moved its adoption. Motion carried 5-0. Helkamp/Joos offered Resolution No. 6329, A Resolution Receiving A Report and Calling A Hearing for a Trunk Sanitary Sewer Extension, from the Prior Lake Interceptor to the East Plat Line of Riverside Bluffs, Project No. 2006-4, and move its adoption. Motion carried 5-0. Official Proceedings of the November 15, 2005 Shakopee City Council Page -9- LehmanlHelkamp offered Resolution No, 6332, A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, and moved its adoption. Motion carried 5-0. Helkamp/Joos offered Resolution No. 6330, A Resolution Accepting Work on the Prairie View Addition's Bituminous Overlay, Project No. 2004-2, and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney stated that item 15.CA is a continuation of the discussion from the last meeting regarding building permits for areas where sidewalks are not done in the Countryside plat. Mr. Loney recapped the discussions from the last Council meeting. He stated that staff recommends the issuance of building permits, for lots without sidewalks, per the conditions included in the presentation and recommended a limit of building permits on lots without sidewalks for a total of 15. (The conditions include: installation of class 5 aggregate base for the concrete sidewalks, a letter from the developer consenting to the use of the Letter of Credit to install the sidewalk by the City, if necessary, that the developer notify builders and future homeowners of the sidewalk to be installed and that the sidewalk must be installed prior to the placement of future driveways, sidewalks to be installed by June 1,2006, and that all other requirements ofthe City's policies, ordinances and design criteria must be done prior to the issuance of the building permit.) Helkamp/Joos moved to approve the list of conditions outlined by Mr. Loney and authorized the issuance of building permits for the Countryside development for lots where no sidewalk has been construction with a maximum number oflots not to exceed 15 and for lots with model homes not to exceed eight. Motion carried 5-0. Helkamp/Joos offered Resolution No. 6334, A Resolution of the City of Shakopee, Minnesota Accepting a Donation of$I,OOO.OOO from Wal-Mart, and moved its adoption. (Motion carried under the Consent Agenda.) Helkamp/Joos offered Resolution No. 6325, A Resolution to accept donations totaling $2,750.00 to the Shakopee Police Department from the Wal-Mart Foundation, and moved its adoption. (Motion carried under the Consent Agenda.) Helkamp/Joos motioned to declare the 1995 Chevrolet Monte Carlo, VIN 2GIWW12M4S9198064; the 1999 Ford Contour, VIN IFAFP66LXXK135873; the 1991 Toyota Camry, VIN 4TlSV21E3MU441373; the 1995 Ford Escort, VIN IFASP1285SW1279075; and the 1998 Dodge Stratus, VIN IB3EJ56H6WN327027 as surplus property. (Motion carried under the Consent Agenda.) Mark McNeill made a presentation concerning 2006 employee health insurance. He stated that over the past couple of years the City had been able to negotiate increases with Medica. Staff had sent out formal proposals to various insurance companies in October. Mr. McNeill stated Official Proceedings of the November 15, 2005 Shakopee City Council Page -10- Blue Cross declined to bid. Health Partners had an 11 % increase and would require employees to change their providers. Medica's bid included a 15.7% increase but, through negotiations, is now at a 12.7% increase. Mr. McNeill outlined the alternatives within the Medica health plan for city employees and showed advantages to both the employee and the City. Mr. McNeill added that dental insurance had gone up 8% but there had been no other increases the past couple of years. Joos/Lehman moved to extend the meeting past 11 :00 p.m. for 30 minutes. Motion carried 5-0 Brad Bisek, Shakopee Police Department and Union Steward approached the podium and informed Council of the concerns of some officers. He stated that out of pocket expenses for the third year could be $1500. He added that there is a feeling of fear of what could happen in the future. Menden/Helkamp offered Resolution No. 6331, A Resolution Adopting the City of Shakopee's Level of Contribution for Employee Benefits for the Year 2006, and moved its adoption. Motion carried 5-0. Helkamp/Joos moved to authorize the hiring of probationary policy officer Canon Christianson at Step 1 of the current labor contract, at a monthly rate of$3,564.50, subject to satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) Helkamp/Joos moved to acknowledge the satisfactory completion of probation and authorize the retention of Vince Stahl as Police Officer effective November 15, 2005. (Motion carried under the Consent Agenda.) Helkamp/Joos offered Resolution No. 6323, a Resolution Canvassing Returns for the Municipal Election, and moved its adoption. (Motion carried under the Consent Agenda.) Kris Wilson addressed the Council regarding the Proposed 2006 Association of Metropolitan Municipalities (AMM) Policy Positions. Ms. Wilson stated that the AMM has gathered groups of members and appointed officials to study issues in five categories. Those groups have put forth policies contained in the council packets. Ms. Wilson requested that Council endorse 2006 policy positions and authorize the City Administrator, Mark McNeill, to vote in their favor. Cncl. Lehman indicated his disagreement with the AMM's policy on eminent domain. Cnc1. Helkamp stated he would like that option taken off the table. Official Proceedings of the November 15, 2005 Shakopee City Council Page -11- Cncl. Helkamp stated that Council was being asked to approve something that they haven't had a chance to read. Cncl. Menden suggested that Council read the document and provide written comment to Mr. McNeill. Jim Thomson suggested that the Council approve the AMM Policy Position document subject to any individual member providing Mr. McNeill with written comments. Joos/Menden moved to extend the meeting to 11:35. Motion carried 5-0. Lehman/Menden moved to approve the AMM Policy Position document subject to any individual member providing Mr. McNeill with written comments by late Wednesday, November 16 and directed staff not to endorse #III-K, EminentDomain. It would be the Council's position that the League reconsider the policy. Motion carried 5-0. Helkamp/Joos moved to authorize the retention of Indigitalto scan the large format documents in the Building Department from 2003, 2004, and 2005 in an amount not to exceed $20,000.00. (Motion carried under the Consent Agenda.) Helkamp/Joos moved to establish a workshop date of Tuesday, November 29,2005, at 6:30 p.m. in the Council Chambers. (Motion carried under the Consent Agenda.) Helkamp/Joos moved to set a hearing for Tuesday, December 6,2005, at 7:00 p.m., or thereafter, to review the action of alcohol licensee Saba Entertainment, LLC, 911 East First Avenue. (Motion carried under the Consent Agenda.) Joos/Menden moved to adjourn at the meeting at 11 :33 p.m. Motion carried 5-0. ~~ J.cr- J clith S. Cox .. ity Clerk Andrea Bortness Recording Secretary