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HomeMy WebLinkAbout5.B. Approval of Minutes: January 17, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 17, 2006 Mayor John J. Schmitt called the meeting to order at 7:03 p.m. with Council members Steve Clay, Terry Joos and Steve Menden, present. Cncl. Matt Lehman was absent. Also.present were Mark: McNeill, City Administrator; Kris Wilson, Assistant to the City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; MarkThemig, Director of Parks & Recreation; and Dan Hughes, Chief of Police. The Pledge of Allegiance was recited. Item 5.K., Final Plat for River Valley Estates 2nd Addition, was moved from the Consent Agenda to the regular agenda following item 12.D.5., Authorize Preparation of a Feasibility Study for a Trunk Sanitary Sewer Exensionalong CSAH 83. Item 12.A.1.,Park and Recreation Advisory Board and Environmental Advisory Committee Structure, was deferred to the next meeting when Cncl. Lehman could attend. Added to the agenda was Item 14.A., Other Business, Set a Special Meeting with the City's Attorney to Discuss the BA TC Law Suit. MendenlJoos moved to approve the agenda as modified. Motion carried4-0. Mayor Schmitt requested thatformer Cncl. Joe Helkampt6come forward for the presentation of a plaque. Mayor Schmitt thanked Mr. Helkamp for his.work with the City. Cncl. Helkamp approached the podium and expressed thanks for the honor of working with the City Council. He indicated that he enjoyed the opportunity to serve the citizens of the City. Removed from the. Consent Agenda was item 5.K, Final Plat for River Valley Estates 2nd Addition, and S.N., Wetland Mitigation Agreement with Scott County for CSAH 21 and Pike Lake Road. Added to the Consent Agenda were Items 12.B.2.,Extension Agreement for Pheasant Run Storm Sewer Design, andJ2.B.3., Right-of-Way PlatNo. 2 for the 17th Avenue Improvements, Project No. 2006-1. Mark McNeill read the amended consent agenda. Clay/Joos moved to approve the consent agenda as read byMr. McNeill. Motion carried 4-0. Clay/J oos moved to approve bills in the amount of $1,020,095.69 plus $75,625.39 for refunds, returns and pass through for a total of$1,095,721.08. (Approved under the Consent Agenda.) Clay/Joos moved to approve the minutes of the November 24 and 29 and December 5, 2005 Council meetings. (Approved under the Consent Agenda.) Clay/Joos moved to authorize the appropriate City staff to enter into the grant agreement with the Minnesota State Patrol for the project entitled Operation NightCap during the period from November 18,2005 to May 21,2006 for the amount awarded by the Minnesota State Patrol. (Approved under the Consent Agenda.) Official Proceedings of the January 17, 2006 Shakopee City Council Page -2- Clay/J oos moved to authorize the approve City officials to enter into a contractual agreement with the Dakota County Receiving Center for transportation services to their facility. (Approved under the Consent Agenda.) Clay/Joos offered Ordinance No, 742, Fourth Series, an Ordinance of the City of Shako pee, Minnesota, amending the City Code Chapter 2, Section 2.70 Disposal of Abandoned Motor Vehicle, Unclaimed Property and Excess Property, and move its adoption. (Approved under the Consent Agenda.) Clay/Joos offered Resolution No. 6351, A Resolution ofthe City of Shakopee, Minnesota, Accepting a $1,125 Donation from Sam's Club Foundation, and move its adoption. (Approved under the Consent Agenda.) Clay/Joos moved to declare the 1987 Ford Ranger, VIN 1FTBR10C6HUCl1836, as surplus property. (Approved under the Consent Agenda.) Clay/Joos moved to authorize the appropriate City officials to enter into an agreement with Scott County to allocate election expenses. (Approved under the Consent Agenda.) Clay/Joos moved to approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Chipotle Mexican Grill of Colorado, LLC, dba Chipotle Mexican Grill, 8094 Old Carriage Court North, including outdoor dining, conditioned upon a Certificate of Occupancy issued by the Building Department and installation of a barrier system to separate the outdoor dining area from the general outdoor area. (Approved under the Consent Agenda.) Clay/Joos offered Resolution No. 6354, A Resolution ofthe City of Shakopee, Minnesota, Approving Premises Permit for ShakoValley Amateur Hockey Association, and move its adoption. (Approved under the Consent Agenda.) Clay/Joos offered Ordinance No. 744, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11.91 Regarding Non-Conforming Uses, and moved its adoption. (Motion carried under the Consent Business.) Clay/Joos moved to authorize the appropriate City officials to execute the Joint Powers Agreement for 2006 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities ofBurnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Farmington, Mendota Heights and Shakopee. (Approved under the Consent Agenda.) Clay/Joos moved to authorize the appraisal services of Roger Rohrer, ofBRKW, at a cost not to exceed $4,200.00 for the wetland mitigation project on CSAH 21 and Pike Lake Road improvements. (Approved under the Consent Agenda.) Official Proceedings of the January 17, 2006 Shakopee City Council Page -3- Clay/Joos moved to authorize staff to purchase one new John Deere 5425 Tractor by using state bid pricing from Siemon Implement, Inc. for the price of $38,932.50 with the expenditure to come out of the Internal Service Equipment Fund. (Approved under the Consent Agenda.) Clay/Joos offered Resolution No. 6352, A Resolution Approving Plans and Specifications and Ordering Advertising for Bids on Dominion Hills Outlet Structure, Project No. 2005-3, and move its adoption. (Approved under the Consent Agenda.) Clay/Joos moved to authorize City staff to contract with Visu-Sewer Clean & Seal, Inc. for the television inspection of 60,000 linear feet of sanitary sewer main at a cost of $0.3 9 per linear foot with funding to be expended from the sanitary sewer fund. (Approved under the Consent Agenda.) Clay/Joos moved to authorize a contract extension with BKV Group for additional design services for the 17th Avenue Sports Complex building. (Approved under the Consent Agenda.) Clay/Joos moved to approve the revised job description for the Facility Maintenance Worker position. (Approved under the consent Agenda.) (CC Document No. 396) Clay/Joos moved to endorse the Council meeting procedures as outlined in the January 13, 2006, memo from John J. Schmitt, Mayor. (Motion carried under the Consent Agenda.) (CC Document No. 397) Clay/Joos moved to set ajoint meeting to be held with Jackson Township at6:30 p.m. on Tuesday, February 28,.2006, for the purpose of discussion annexation and natural resource corridor issues. (Approved under the consent Agenda.) Clay/Joos moved to approve participation in Scott County Transportation Coalition by funding a contribution of $5,000.00. (Motion carried under the Consent Agenda.) Clay/Joos moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design and construction services of additional storm pond outlets on Mathias Road in the Pheasant Run subdivisions. (Approved under the consent agenda. ) Clay/Joos offered Resolution No. 6353, A Resolution by the Mayor and City Council of the City of Shakopee, Minnesota, Approving City of Shakopee Right-Of-Way Plat No.2, and move its adoption (for 1 ih Avenue improvements to CR-83). (Motion carried under the Consent Agenda.) Mayor Schmitt asked if there citizens in the audience who wished to speak to a matter not already on the agenda. There being none, Mayor Schmitt asked for liaison reports from the Council members. Cncls. Menden and Clay had nothing to report at this meeting. Official Proceedings of the January 17, 2006 Shako pee City Council Page -4- Councilor Joos attended the Utility Commission meeting. At the meeting a possible joint meeting with Jackson Township and a proposal for assessing water fees was discussed. Cncl. Joos felt there is further discussion that needs to occur between Council and the Utility Commission prior to both meetings. Bruce Loney addressed the Council to discuss the final plat of River Valley Estates 2nd Addition. He suggested that it could be more appropriate for the discussions to occur, with the authorization ofa study for a trunk sanitary sewer extension along CR-83, later in the agenda. Mr. Loney continued with the next agenda item which was moved :from the consent agenda. In speaking with Cncl. Lehman, he discovered a conflict in the wetland mitigation agreement with Scott County for CSAH 21 and Pike Lake Road. He is in the process of getting the agreement revised by the County. In summary, the agreement is being amended to incorporate language to reflect that the County would reimburse the City for its proportionate share in all costs, but not limited to administration, inspection and appraisals, associated with wetland impacts and mitigation. Joos/Menden moved to approve the agreement between Scott County and the City of Shakopee for wetland mitigation associated with future CSAH 21 and Pike Lake Road improvement projects, as amended, and present it to the County for review. Motion carried 4-0. Menden/J oos moved to recess for an Economic Development Authority meeting at 7: 17 p.m. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 7:23 p.m. Mr. Loney addressed the Council to discuss the receipt of feasibility reports for 2006 reconstruction project 2006-2 and Tahpah Park Redevelopment, PR 2006-1, Resolution No. 6359. Mr. Loney noted that some ofthe issues were discussed at aprevious meeting including sidewalks, water service line assessment and the combination of the street reconstruction with the Tahpah Park redevelopment. The reason the two projects are being combined for the feasibility studies is to have one public hearing and so the City can bond for the Tahpah Park improvements, along with the reconstruction project. Mr. Loney showed Council a map of the area that would be included in the reconstruction project. Council had requested that staff reviewing the placement of sidewalks on the North side of 6th A venue at a previous meeting. A draft report prepared by staff had indicated that sidewalks were to be placed on the South side of 6th Avenue. Mr. Loney added that there are sidewalks on both sides of 6th Avenue up to Scott Street. He stated that a sidewalk could be placed on the North side :from Scott to Apgar Streets with little difficulty. Mr. Loney noted that there are several houses onthe North side of 6th Street that are very close to the right-of-way. .One house in particular is only seven feet away and there are several houses Official Proceedings of the January 17, 2006 Shakopee City Council Page -5- that are only 15 feet away. The City would need to obtain additional easements in order to properly grade out the sidewalk. In addition, there are many trees and shrubs that would have to be removed in this area as well. In addition, cutting of some remaining tree roots would occur causing the potential for damage to them. Mr. Loney explained that the Shakopee Public Utilities Commission, at their January 3rd meeting, voted to assess for water services. Adding assessments for water services to the reconstruction project would increase the assessments by $1,454.93. He expressed concern about going beyond assessability if water services are assessed because of the little benefit for the reconstruction of utilities . He suggested meeting with the Commission to discuss the matter. Cnd. Joos proposed that Council move ahead with the project and work on an assessment policy. Joos/Menden offered Resolution No. 6359, A Resolution Receiving a Report and Calling a Hearing for the 2006 Street Reconstruction Project and Tahpah Park Development, Project No. 2006-2, and moved its adoption. The public hearing is set for February 21,2006. Motion carried 4-0. R. Michael Leek, addressed Council to discuss the reguiding extension of MUS A and rezoning for the property located south of Hill wood Drive and east of County Road 79. The property is approximately 4.5 acres in size and is adjacent to Beckridge Park Estates Development. The applicant, CJM Properties, has submitted a concept plan. Mr. Leek noted that the Planning Commission reviewed the application at its January 5, 2006 meeting. He added that the Commission recommended the approval of the reguiding, MUSA extension request and the rezoning of property to Urban Residential (R-IB) by a 3-2 vote. Mayor Schmitt asked ifthere was anyone in the audience who wished to be heard. Jim Monnens of 422 - l30th Street West addressed Council. Mr. Monnens informed Council that he is a co-owner of the property and is attempting to develop seven lots on five acres. The development would include some of the biggest city serviced lots to date; no other development within City limits has City services on lots ofthis size. Mr. Monnens added that lots would be ~ to % acres and the homes should fit surrounding homes well. Discussion followed. Mayor Schmitt noted that a 4/5th vote is required and suggested that this item be tabled to the February ih meeting. Cnc1. Menden agreed. Menden/Clay moved to table the discussion, on the reguiding, MUSA extension and rezoning application from CJM Properties for property adjacent to Beckridge Park Estates Development, to the February 7,2006 meeting when Cncl. Lehman is able to attend. Motion carried 4-0. R. Michael Leek addressed Council with a request from Ken & Sonya Kraft to extend MUSA to the property located southwest ofCSAH 18, north ofCSAH 16 and east of Hill dale Drive Official Proceedings of the January 17, 2006 Shakopee City Council Page -6- (adjacent to Glacier Estates) and to rezone the property from Rural Residential (RR) Zone to Urban Residential (R-IB) Zone. Discussion followed. Mayor Schmitt again noted that a 4/5th vote is required and suggested that this item be tabled to the February 7th meeting. Cncl. Clay asked if there was any reason to suspect there might be issues and suggested that a motion and vote be made. MendenlClay offered Resolution No. 6358, A Resolution Approving a Request to Amend the Comprehensive Plan to Extend MUSA to Property Located North of County Road 16 and West of Glacier Estates, and moved its adoption; and, offered Ordinance No. 746, Fourth Series, an Ordinance Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located North of County Road 16 and West of Glacier Estates from Rural Residential (RR) Zone to Urban Residential (R-IB) Zone, and moved its adoption. Motion carried 4-0. Bruce Loney addressed Council and gave a brief description of a change in the trunk sanitary sewer extension project from the Prior Lake Interceptor to the east plat line of Riverside Bluffs, Project 2006-4. A change in the alignment was made in order to facilitate construction and future maintenance of the line by making the connection to the Prior Lake Interceptor within the Pike Lake Road right-of-way versus easements in backyards of future residents. Discussion followed. Joos/Menden offered Resolution No. 6360, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Trunk Sanitary Sewer Extension, from the Prior Lake Interceptor to the East Plat Line of Riverside Bluffs, Project 2006-4, and moved its adoption. Motion carried 4-0. Bruce Loney approached the podium to discuss the plat of River Valley Estates 2nd Addition and the alignment of the trunk sanitary sewer line to eliminate the building of a lift station. Mr. Loney showed Council a map of the sewer line aligmnent in the Church Addition and east of County Road 83. Since the alignment was placed, Scott County had done a land exchange with the Shakopee Mdewakanton Sioux Community (SMSC) so there is extra right-of-way (ROW) east of County Road 83. With that, staff feels they can bring the pipe to the south on the east side because there is a house very close to the ROW line on the east side. The depth of the sewer line will be approximately 38' in that area. Mr. Loney informed Council that staffhad negotiated with the developer of River Valley Estates 2nd addition to pay $150,000 toward the trunk sewer project. The developer has already paid $60,000 and will pay the remaining $90,000 with plat approval. In addition, they will give the City $90,000 for the lift station that would not have to be built to get the sewer line to the development. Also, they are paying the trunk sanitary sewer charges, sewer availability charges and will inst~ll the trunk line from Valley View Road to the north plat line. The City will Official Proceedings of the January 17,2006 Shakopee City Council Page 7- reimburse the developer for over-sizing. So, essentially, the developer will be paying a lateral sewer connection charge. Staff estimates that the developer will be paying in excess of$338,000 for the trunk line. There will also be a sewer connection charge for the Schneider parcel, Koehnen parcel, and the other parcels. Discussion followed. Joos/Menden offered Resolution No. 6361, A Resolution Ordering the Preparation of a Report on an Improvement for a Trunk Sanitary Sewer Extension, along CSAH 83, from Church Addition to Valley View Road, and moved its adoption. Motion carried 4-0 Menden/Clay authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation ofthe feasibility report for the truck sanitary sewer extension along CSAH 83. Motion carried 4-0. R. Michael Leek addressed Council regarding the final plat for River Valley Estates 2nd Addition located north of Valley View Road and west ofCSAH 83. Heexplained that the plat consists of 50 lots and was on the agenda earlier, but was deferred until now. A revised resolution is on the table with conditions relating to the contributions by the developer to the trunk sanitary sewer extension along CSAH 83. Mr. Thomson, City Attorney, suggested adding language to condition I. B. 7. "in order that building permits can be issued by August 1, 2006". Jason Wedel, Pulte Homes, stated that they are looking to beginning building by the end of July, moving into phase 2 of the development. The need to obtain building permits by August 1st, and then certificates of occupancy, which equals two timelines. Menke/Joos offered Resolution No. 6356, A Resolution of the City of Shakopee, Minnesota Approving the Final Plat of River Valley Estates 2nd Addition, and moved its adoption, including the amendment suggested by the City Attorney. Motion carried 4-0. Menke/Joos moved for a 10 minute recess at 8:40 p.m. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 8:53 p.m. R. Michael Leek addressed Council regarding the preliminary and final plat of Southbridge Fields. The property is a 9.94 acre site that was originally platted as an outline and is located north of Crossings Boulevard and west of County Road 18 (Outlot B, Riverside Fields 3rd Addition). The plat being proposed allows for the creation of six commercial lots and one outlot. The lots will have frontage on County Road 18 and/or Crossings Boulevard but will be accessed from private drives with access to Crossings Boulevard. The concept plan submitted by the applicant shows potential uses, several of which would require a Conditional Use Permit (CUP) but are shown for reference purposes only. Official Proceedings of the January 17, 2006 Shakopee City Council Page -8- Mr. Leek noted that the Planning Commission reviewed the preliminary plat at its January 5th meeting and by a 4-1 vote recommended approval of the application with revisions. The revisions have been incorporated into the draft resolution. He highlighted the issues that the developer may want to address: the Planning Commission's recommendation thatthe first access be right in only, screening, signage, and park dedication. Steve Soltau of Shakopee Crossings reviewed the concept plan with Council. Mr. Soltau indicated that he is ready to go ahead with the plat. He went on to discuss the traffic flow of the proposed plat. After discussion, Mayor Schmitt asked if there were any interested parties in the audience who wished to speak. Lisa Masica, 1834 Penstemon Lane, discussed the sidewalk issue. Ms. Masica indicated that families use the area as a walking path and there will be a lot of pedestrian traffic. She added that no matter what there will be an increased amount of traffic and that the best resolution would be to put sidewalks in so they know where to walk. Ms. Masicawent on to discuss berming, noise and light, u-turns in the area and safety concerns. She added that a gas station and a fast food establishment are two businesses they would prefer not to have in the neighborhood. Rajeev Rai, 8425 Blazing Star Circle, stated that the plat has changed quite a lot and was originally described as light office space. Mr. Rai would like sidewalks and proper crossings to avoid potential accidents. He described the neighborhood as a very dense residential community with a lot of young kids. He noted that emergency access will be of concern. Dale Everson, 1761 Fescue Court, informed Council that he has a credibility problem with Centex. Mr. Everson added that he is concerned about light pollution, traffic, noise; traffic movements need to be understood. He is also concerned about children crossing to the pool and, if there is a fast food business, it will create a bigger problem. Mr. Everson suggested that the developer spend time with residents to ensure that concerns are addressed. Mr. Soltau agreed that discussions need to happen and encouraged neighborhood meetings. He withdrew his objection to the sidewalk and stated a design detail could be worked out with staff Matt Masica, 1834 Penstemon Lane, stated it would be. ideal if the entry to commercial area could be off a primary roadway and suggested it would make more sense if the plan were flipped around by placing the higher volume businesses at the corner, eliminate the road by the pool, eliminate fast food and the gas station. Menden/Clay moved to table the discussion on the plat for Southbridge Fields to the February 7 meeting in order that Mr. Soltau could organize a neighborhood meeting. Motion carried 4-0 Official Proceedings of the January 17, 2006 Shakopee City Council Page -9- Mr. Soltau indicated that he would obligate himself to have a neighborhood meeting prior to the February 7,2006 Council meeting. Mayor Schmitt stated that he had discussed liaison appointments with the Council members and everybody had agreed to their appointments. Mark McNeill stated that there is a Park and Recreation Board and asked if the previous years' liaison stay in effect. He also noted that the school district has asked that their facility siting ad hoc committee stay in existence with Steve Menden and Matt Lehman acting as liaisons. He also suggested R. Michael Leek as an alternate to both the Scott County Transit Review Board and the Suburban Transit Authority Board of Directors. JooslMenden moved to approve the 2006 liaison appointments as amended. Motion carried 4-0. (CC Document No. 398) Mayor Schmitt informed Council that the Governor has chosen to include the fence at prison in his bonding proposaL The proposal was for a 12' picket fence, at the edge of the property and another 12' chain link fence inside of that. He noted that the fence would definitely change the character and relationship within the community. He suggested that the City have correspondence with our representative Senator Claire Robling or the Governor. Cncl. Menden added that the City should set up a meeting/correspondence to get more information on what is being proposed. Mark McNeill stated the need for a 90-minute executive session to discuss the BATClaw suit. After discussion, the preferred date would be January 30th at 6:30 p.m. and February 13th would be the second choice. JooslMenden moved to extend the meeting by 15 minutes. Motion carried 4-0. JooslMenden moved to recess the meeting at 11 :02 p.m. for an Executive Session to discuss labor negotiations. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 11 :35p.m. and reported that no action was taken during the executive session. ClaylMenden moved to adjourn, to Tuesday January 24,2006 at 6:30 p.m. in the meeting room at the Police station. Motion carried 4-0. The meeting was adjourned at 11:35 p.m. r;.JJIJ, fJ? . udith S. Cox Andrea Bortness City Clerk Recording Secretary ~ s. i). ..- Official Proceedings of the January 17,2006 Shakopee City Council Page 7- reimburse the developer for over-sizing. So, essentially, the developer will be paying a lateral sewer connection charge. Staff estimates that the developer will be paying in excess of $338,000 forthe trunk line. There will also be a sewer connection charge for the Schneider parcel, Koehnen parcel, and the other parcels. Discussion followed. Joos/Menden offered Resolution No. 6361, A Resolution Ordering the Preparation of a Report on an Improvement for a Trunk Sanitary Sewer Extension, along CSAH 83, from Church Addition to Valley View Road, and moved its adoption. Motion carried 4-0 Menden/Clay authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of the feasibility report for the truck sanitary sewer extension along CSAH 83. Motion carried 4-0. R. Michael Leek addressed Council regarding the final plat for River Valley Estates 2nd Addition located north of Valley View Road and west ofCSAH 83. He explained that the plat consists of 50 lots and was on the agenda earlier, but was deferred until now. A revised resolution is on the table with conditions relating to the contributions by the developer to the trunk sanitary sewer extension along CSAH 83. Mr. Thomson, City Attorney, suggested adding language to condition 1. B. 7. "in order that building permits can be issued by August 1,2006". Jason Wedel, Pulte Homes, stated that they are looking to beginning building by the end of July, moving into phase 2 of the development. The need to obtain building permits by August 1 st, and then certificates of occupancy, which equals two timelines. }1\~JOOS offered Resolution No. 6356, A Resolution of the City of Shakopee, Minnesota -proving the Final Plat of River Valley Estates 2nd Addition, and moved its adoption, including the amendment suggested by the City Attorney. Motion carried 4-0. /" m ~JOOS moved for a 10 minute recess at 8:40 p.m. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 8:53 p.m. R. Michael Leek addressed Council regarding the preliminary and final plat of Southbridge Fields. The property is a 9.94 acre site that was originally platted as an outline and is located north of Crossings Boulevard and west of County Road 18 (Outlot B, Riverside Fields 3rd Addition). The plat being proposed allows for the creation of six commercial lots and one outlot. The lots will have frontage on County Road 18 and/or Crossings Boulevard but will be accessed from private drives with access to Crossings Boulevard. The concept plan submitted by the applicant shows potential uses, several of which would require a Conditional Use Permit (CUP) but are shown for reference purposes only.