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HomeMy WebLinkAbout5.F.2. Approval of Minutes: February 07, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,M~SOTA FEBRUARY 7, 2006 Mayor John 1. Schmitt called the meeting to order at 7:04 p.m. with Council members Steve Clay, Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Mark Themig, Director of Parks & Recreation; and Dan Hughes, Chief of Police. The Pledge of Allegiance was recited. Mark McNeill requested that item 5.P be removed from the agenda, contract extension for electric and lighting designs for archery range and boat landing. JooslMenden moved to approve the agenda as amended. Motion carried 5-0. Mayor Schmitt stated that he had nothing to report at this meeting. Mayor Schmitt then asked ifthere were any additions, deletions or corrections to the Consent Agenda. LehmanlMenden moved to approve the Consent Agenda. Mr. McNeill read the consent agenda business for the record. Motion carried 5-0. LehmanlMenden moved to approve bills in the amount of $917,265.65 plus $50,145.79 for refunds, returns and pass through for a total of $967,411.44. (Motion carried under the Consent Agenda.) LehmanlMenden moved to approve the minutes of the December 6, December 20, Special Session; and December 20, Adjourned Regular Session, 2005; and January 3, 2006. (Motion carried under the Consent Agenda.) Lehman/Menden moved to declare items held by the Police Department as surplus property. (Motion carried under the Consent Agenda.) (CCDocument No. 399) LehmanlMenden moved to authorize the hiring of probationary police officer Thomas Strese at Step 1 of the current labor contract, at a monthly rate of$3,564.50 subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) LehmanlMendenm moved to. authorize advertising and recruiting for a custodian position. (Motion carried. under the Consent Agenda.) Official Proceedings of the February 7,2006 " ShakopeeCity Council Page -2- Lehman!Menden moved to authorize the purchase of six engineering work stations and eight PCs at a cost not to exceed $21,200.00. (Motion carried under the Consent Agenda. ) Lehman!Menden moved to authorize the appropriate City officials to enter into an extension agreement with WSB for review of the CH2MHill CR 18 study, not to exceed $2,500.00. (Motion carried under the Consent Agenda.) LehmanlMenden moved to authorize sending the request for proposal for update of the Comprehensive Plan Sanitary Sewer Chapter as presented to the firms ofBonestroo, Rosene & Anderlik and WSB. (Motion carried under the Consent Agenda.) Lehman!Menden moved to approve the purchase of new cardio equipment from 2nd Wind Exercise and a new aerobics stereo system from Metro Sound and Lighting in the amount of $23,022.40 and authorize trading in a stair stepper and two Quinton treadmills. (Motion carried under the Consent Agenda.) Lehman!Menden moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 18, 2006 and July 29 and 30,2006. (Motion carried under the Consent Agenda.) Lehman!Menden moved to authorize payment of easement to Terrance W. Hanson in the amount of $66,500.00, for the truck sewer extension, Project No. 2006-4. (Motion carried under the Consent Agenda.) Lehman!Menden moved to approve the revised job description for an Engineering Technician IV and authorize the hiring. (Motion carried under the Consent Agenda.) (CC Document No. 400) Lehman!Menden moved to acknowledge the satisfactory completion of probation and authorize the retention of John Norris as Police Officer effective February 24,2006. (Motion carried under the Consent Agenda.) LehmanlMenden offered Ordinance No. 748, Fourth Series, an Ordinance Amending Fees Set for City Licenses, Permits, Services and Documents, and moved its adoption. (Motion carried under the Consent Agenda.) LehmanlMenden moved to approve the maintenance agreement of I 60th Street from CSAH 79 to CSAH 16 between the City of Shakopee and Spring Lake Township. (Motion carried under the Consent Agenda.) Official Proceedings of the February 7,2006 Shakopee City Council Page -3- LehmanlMenden moved to declare bicycles held by the Police Department as surplus property and authorize staff to appropriately dispose of the items. (Motion carried under the Consent Agenda.) (CC Document No. 401) LehmanlMenden moved to accept, with regret, the resignation of Kathryn Lease from the Environmental Advisory Committee and thank her for the contributions she had made for the residents of Shako pee. (Motion carried under the Consent Agenda.) LehmanlMenden moved to accept the resignation of Joel Sowieja from the Shakopee Fire Department. (Motion carried under the Consent Agenda.) . LehmanlMenden moved to authorize the appropriate City Officials to enter into an architectural services agreement with Oertel Architects for the design of the Aquatic Park Support Building located in Lion's Park. (Motion carried under the Consent Agenda.) LehmanlMenden moved to direct staff to add a discussion of the Visioning Implementation results to the Council Workshop that is scheduled for February 28th at 6:30 p.m. (Motion carried under the. Consent Agenda.) LehmanlMenden offered Resolution No. 6362, a Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for American Legion Post 2, and moved its adoption. (Motion carried under the Consent Agenda.) Mayor Schmitt asked ifthere were any interested parties in the audience who wished to speak on a matter not included on the agenda. There being none, the meeting moved forward. Mr. McNeill stated that at the January 17, 2006 meeting there was discussion concerning the planned construction ofa fence around the Women's Correctional Facility (WCF). A neighborhood meeting was held by the WCF in November when plans were presented to construct the security fencing. There will be two fences - an inner chain link fence of 12 feet in height and a second outer fence to be constructed of brick columns and metal bars. Funding has been recommended in the Governor's bonding proposal of the upcoming legislative session. W ardenRick Hellengass stated that the staff at the WCF indicated the need to construct the fence due to increased populated numbers housed inside. In addition, the offender population has changed and has grown since the construction of the WCF in 1986. Mr. Eric Scott, Deputy Commissioner of Corrections, stated that the standard fence height throughout the country is 12'. Mayor Schmitt asked if anybody from the audience wanted to comment. Official Proceedings of the February 7,2006 Shakopee City Council Page -4- JoAnn Geis, 723 Jefferson Street, approached the podium. She stated that she lives on Jefferson Street and has had an escapee in her home. Ms. Geis indicated that she is in favor of a fence. David Hart, 942 Clay Street, stated that the WCF had been a good neighbor and it is his opinion that it is ludicrous to spend $4.9M on a fence when there won't be a guarantee that there will be no escapes. He added that the WCF should be proud that only a couple of inmates have walked away over the past 10 years. Mr. Hart stated that the money would be better spent on some programs that would enable inmates to stay out of prison or go back into the public with some sort of education. Kathy Ducklett, Shakopee resident and WCF employee for 16 years, stated that there are many educational programs and vocational programs available to the inmates. She added that although the staff of the WCF is diligent in their duties, they are unable to see all the inmates all the time. David Menden, resident and Scott County Sheriff, stated that he had never considered the WCF as a threat. He is not in favor of a fence adding that $4.9M is a waste of money for a fence. He also stated that if inmates want to escape, they will. Sheriff Menden stated that when the WCF was originally built, the City was concerned that something would blend into the neighborhood. A fence would make it definitely stand out. Rod Bessenger, 6th & Cass, stated that he doesn't want a fence in front of his home, especially a 12' fence. He questioned ifthe State had done research on electronic monitoring. Dennis Bron, 1237 West 6th Avenue, stated that when he looks out his front window, he sees a nice hedge, lawn and decorated area. He askedhis neighbors what they thought would happen to the values of their homes and everybody thought there would be a significant drop in value. He noted the fact that while only seven inmates walked away from the WCF in 10 years, 51 inmates escaped from fenced facilities. Sue Thomas, 674 Adams Street, stated that the fence is only part ofthe issue. She noted that at the community meeting with Warden Hellengass and the WFC staff indicated that the WCF infrastructure is at capacity and questioned the need for expansion. In her opinion it is time for an additional facility and to move the more violent offenders to another facility where it can be fenced and not where there has been a community built up around it. Becky Tietz, 740 Adams Street, stated that she has never felt unsafe or felt any of her six kids were unsafe. She questioned the circumstances surrounding the walk aways; is it because there's no fence. She questioned if there is adequate staff. Ms. Tietz felt that Official Proceedings of the February 7,2006 Shakopee City Council Page -5- there are many other alternatives, e.g., electronic perimeter for possible intruders - something like invisible fencing. John Link, 1209 South Jefferson Street, agreed that the WCF had been good neighbors and doesn't want a fence construction. He voiced his concern of what it will do for the look of Shakopee. He stated that he has an 8' high fence around his business a few blocks away and that doesn't stop thieves. Mayor Schmitt thanked folks from the Department of Corrections and WCF for coming. Lehman/Clay moved to recess for 5 minutes at 8:20 p.m. Motion carried 5-0. Mayor Schmitt reconvened the meeting at 8:29 p.m. R. Michael Leek approached the podium to discuss the Preliminary and Final Plat for Southbridge Fields located west of CSAH 18 and north of Crossings Boulevard, Resolution No. 6355 which was tabled at the January 17, 2006 meeting. He explained that the plat was tabled to February 7, 2006 meeting to allow staff and the applicant to respond to a number of issues. He went over the questions and responses outlined in the staff report. Mr. Leek stated that the major item for discussion is access to the area. Steve Soltau addressed Council. Mr. Soltau stated that he had conducted a neighborhood meeting with approximately 40 people from the neighborhood and woul~ like to continue the process as the area develops. Mr. Soltau stated that the main rationale for suggesting tabling the final plat is because ofthe likelihood of change; some ofthe lot lines may move. There had been considerable discussion at the neighborhood meeting about uses - mostly access. The concerns expressed at the neighborhood meeting is the evolution of the plat and the traffic analysis previously completed. Residents shared concern for people not being able to make a u-turn and that traffic would circulate through the residential neighborhood. Mayor Schmitt asked if anybody from the audience wished to speak. Lisa Masica, 1834 Pentsemon Lane, stated that she sent a letter pointing out some important issues; most ofthe concerns were the pedestrian movements next to the pool coming from both sides of Crossings Boulevard. Ms. Masica suggested a cross walk similar to 50th/France area with flashing lights andJots of paint by the pool. Another suggestion would be not to allow CUP's to a business that would draw a lot of traffic. She stressed that it is important to get it right the first time. Rajev Rai, 8425 Blazing Star Circle, Shakopee, reviewed photographs he had taken of the area. Official Proceedings of the February 7, 2006 ShakopeeCity Council Page -6- Lehman/Clay moved to table the discussion on the plat for Southbridge Fields to the February 21 meeting. Motion carried 5-0. Lehman/Clay moved to recess the meeting for 5 minutes at 9:47 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:55 p.m. R. Michael Leek stated that CJM Properties has applied to re-guide property from rural residential to single family residential and to extend Metropolitan Urban Service Area (MUSA) to the property. In addition, they have requested that the-property be rezoned from rural residential (RR) zone to urban residential (R-IB) zone. Mr. Leek added that if the application is. approved, the applicant would consider a plat with six lots instead of seven lots with a width of 80' and a depth of 160'. Jim Monnens, applicant, stated that all lots are 1-1/2 times the requirement of 12,800 square feet for the RIA zone and he is trying to be appealing to the neighborhood. He added that 80' x 160' is a tough dimension to meet and he has no intention of coming in with more than 7 lots; if anything, will go down to 6 lots. Clay/Lehman moved to remove the application from CJM Properties from the table. Motion carried 5-0. Clay/Joos offered Resolution No. 6357, a Resolution Approving a Request to Amend the Comprehensive Plan to Re-guide Property to Single Family Residential and to Extend MUSA to Property Located South of Hillwood Drive and East of County Road 79, and moved its adoption. Motion carried 5-0. -Joos/Clay offered Ordinance No. 745, Fourth Series, a Resolution Approving a Request to Rezone Property from Rural Residential (RR) Zone to Urban Residential (R-IB) Zone, and moved its adoption. Motion carried 5-0. Lehman/Menden moved to direct staff to look at re-wording R-IA ordinance to go to a minimum lot size of 12,500 feet instead oflot dimensions. Motion carried 5-0. Bruce Loney requested that council accept a feasibility report outlining the CSAH 83 trunk sanitary sewer extension from Church Addition to Valley View Road, Project No. 2006-6. The report outlines the costs, funding, easement acquisition and lateral sewer connection charges associated with this extension. Mr. Loney added that by extending this sewer, the need for a lift station in the River Valley Estates 2nd Addition will be eliminated. Official Proceedings of the February 7, 2006 Shakopee City Council Page -7- Mr. Loney noted that the developer of River Valley Estates is contributing $90,000 toward the trunk fund, if the project goes forward. The developer is already committed to an additional $150,000 towards the City's trunk expenditures, plus sanitary sewer and SAC charges. The trunk will go down CSAH-83 and go west and south. According to the feasibility report, this project will be located on the west side of CR-83 andwill extend to the north of River Valley Estates. Mr. Loney reportedthat another option would be to acquire an easement from the Shakopee Mdewakanton Sioux Community (SMSC) and install the sewer along the east side of CSAH -83. Staff is looking into if an EA W is needed for the. sewer and if so the proj ect can not be done this year. MendenlLehman offered Resolution No. 6363, a Resolution Receiving a Report and Calling for a Hearing for the CSAH 83 Trunk Sanitary Sewer Extension from the Church Addition to Valley View Road, Project No. 2006-6, and moved its adoption. Motion carried 5-0. Mr. Loney said that he will talk with Stan Ellison at the SMSC about the possibility of obtaining a temporary easement. _ Joos/Clay offered Resolution No. 6365, A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain (Project No. 2006-06), and moved its adoption. Motion carried 5-0. Mark McNeill, City Administrator, requested about 60 minutes to discuss the proposed plans and specifications for Huber Park and thatthis item be added to the workshop to be held on February 28th. Lehman/Joos moved to approve adding discussion on the plans and specifications for Huber Park to the February 28, 2006 meeting. Motion carried 5-0. Bruce Loney presented a quote for furniture, carpet and miscellaneous items for upcoming Engineering Department move to the old public works building. He noted that the Public Works Department had assisted in the removal of walls, construction of shelves and walls, painting of walls, installation of doors, rework of the entry way bathroom for ADA compliance and overall coordination of other professionals such as plumbers, electricians and use of "sentence to service" labor to complete necessary tasks. The assistance provided by Public Works has been cost effective and efficient in getting much ofthe work done. Mr. Loney stated that the total project cost is approximately $58,000.00. Clay/J oos moved to authorize staff to accept the low quote for installation of carpet to St. Paul Linoleum and Carpet Company in the amount of$12,874.95 and authorize staff to accept the low quote for furniture to S&T Office Products, Inc. in the amount of $24,000.00. Motion carried 4-1. Mayor Schmitt dissented. Official Proceedings of the February 7,2006 Shakopee City Council Page -8- Mark Themig approached Council to discuss the structure of the Parks and Recreation Advisory Board and the Environmental Advisory Committee. Mr. Themig requests that the two boards and commissions to meet jointly for the next 2..,3 months to review their workloads beginning in March. Mr. Themig explained that there have been discussions of apparent overlap between the two boards. Lehman/Joos moved to extend the Council meeting by one hour. Motion carried 5-0. Clay/Menden moved to authorize a two month trial during which the Parks and Recreation Advisory Board and the Environmental Advisory Committee meet jointly to assess whether or not merging the two boards would result in greater efficiency and effectiveness for the City, and not be a detriment to either board's charge. Motion carried 4-1. Cncl. Lehman dissented. Judith S. Cox, City Clerk, reported that the City had received applications for service on the various boards and commissions. Ms. Cox stated that, in light of the previous action, that the nominations be deferred for the Parks and Recreation Advisory Board and the Environmental Advisory Committee. She noted that the nominations would be made at this meeting and that. the appointments would be at the next meeting. Menden/Joos moved to make nominations forthe Boards and Commissions listed with the exception of the Parks and Recreation Advisory Board and the Environmental Advisory Committee, as follows: 1] Planning CommissionIBOAA: Scott Swanson, Mark Ewert (2nd choice), Shane Mahowald (1 st choice), Tami Kurtzweil (1 st choice), Rajeev Rai (1 st choice), Andy Siedensticker (2nd choice). 2] Shakopee Public Utpities C01llIl?-ission: Benjamin Kimball (2nd choice), Bryan McGowan (incumbent). 3] Police Civil Service Commission: Stan VonBokem (incumbent), Doug Forsman, Robert Smishek. 4] Building Code BOAA & Housing Advisory and Appeal Board: Tami Krutzweil (3rd choice). 5] Telecommunications Advisory Committee: Mark Hillegas (incumbent). 6] Economic Development Advisory Committee: Tami Kurtzweil (2nd choice), Rajeev Rai (2nd choice). 7] Board of Review: Eldon Reinke (incumbent), Brian Call (incumbent), Shane Mahowald (2nd choice). 8] Historic Preservation: Don McNeil (incumbent), Benjamin Kimball (4th choice). Motion carried 5-0. Official Proceedings of the February 7,2006 Shakopee City Council Page -9- R. Michael Leek stated that petitions have been filed asking that the City annex lands south ofTH 169 and west ofCR 15/Marystown Road. The land, totaling approximately 340 acres, is the site if the proposed DR Horton/Ryan Contracting, Inc. "The Bluffs" project. Mr. Leek stated that given the size ofthe project it would be appropriate for council to request an EA W and that the EAC has recommended that procedure be followed for the project. Clay/Lehman moved to authorize the appropriate City officials to proceed with anEA W for the proposed "The Bluffs" project and to authorize the appropriate City officials to enter into an enhanced scope of services agreements with SRF and WSB Engineering, Inc. contingent upon the receipt ofthe signed cost reimbursement agreement. Motion carried 4-1. Cncl. J oos dissented. Bruce Loney approached to ask Council to consider a request from the Shakopee Public Utilities Commission (SPUC) to assess water service lines in conjunction with the 2006 Reconstruction Project. Mr. Loney added that the feasibility report presented to Council at the January 17th meeting didn't include the water service line assessments as City staff felt that the addition of$1,454.93 to the existing assessments would be problematic in proving benefit to the properties in the project area. Mr. Loney stated that this item is to request official action from the Council on the Commission's request to assess 100% of the water service line replacement. Mr. Loney outlined four options for council to consider. Cncl. Joos stated that he is not ready to make a policy decision based on information presented. He suggested leaving the assessment policy as is now and discussing the request from the Commission later. Clay/Lehman moved to table the discussion on the request from Shakopee Public Utilities Commission to assess for new water service lines to the February 21 st meeting. Motion carried 5-0. Mark McNeill asked that the Council consider adopt a phased retirement benefit that would allow qualifying employees to reduce their work hours and still retain their benefits. The proposed policy would allow the transfer of skills and knowledge to new or promoted staff and. allow an employee to phase into retirement. Menden/Joos directed staffto prepare a Resolution to amend the Personnel Handbook to include a phased retirement option to qualifying city employees, who have been employed by the city for at least five years, and place the Resolution on the agenda of the February 21 st meeting. Motion carried 5-0. Mayor Schmitt asked for Council liaison reports. Official Proceedings of the February 7, 2006 Shakopee City Council Page -10- Cncl. Clay stated that he met with the Scott County Transit Review Board. Mayor Schmitt stated that he and the Mayor of Prior Lake and the Chair of the Scott County Board had been invited to meet with Stanley Crooks of the Shakopee Mdewakanton Sioux Community (SMSC) in two weeks. Mayor Schmitt asked if the Council was comfortable in the path they've taken. Council indicated they were. LehmanlMenden directed the City Attorney to take information and ask for an opinion from the Attorney General on whether the city has the authority to order that electric lines be placed underground from Huber Park to the west to the parking lot and to advise the Shakopee Public Utilities Commission. Motion carried 4-1. Cnc1.Menden dissented. Menden/Clay moved to recess for an executive session to discuss labor negotiations, at 11 :55 p.m. Motion carried 5-0. Mayor Schmitt re-convenedthe meeting at 12:20 a.m. No action was taken by the City Council during the executive session. Joos/Menden moved to adjourn to Tuesday, February 21,2006, at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 12:20 a.m. ~J.G;s ~~s.cox .. . ity Clerk Andrea Bortness Recording. Secretary.