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HomeMy WebLinkAbout5.F.2. Approval of Minutes: March 06, 2006, March 21, 2006 and April 03, 2006 5. F:2 . OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSlON SHAKOPEE, MINNESOTA MARCH 6, 2006 Mayor John J. Schmitt called the meeting to order at 7:00 p,m, with Council members Steve Clay, Terry Joos, Steve Menden and Matt Lehman present. Also present were Mark McNeill, City Administrator; Corrine Thomson, City Attorney, Judith S, Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; and Mark Themig, Parks, Recreation and Facilities Director, The Pledge of Allegiance was recited. Mark McNeill, City Administrator, requested that item 5.E.3, Military Service Readjustment, be deleted from the Consent Agenda until such time that it can be reviewed by Mr. Thomson, the City's attorney. Joos/Menden moved to approve the agenda as modified, Motion carried 5-0. Mayor Schmitt had nothing to report at this time, Mayor Schmitt then asked if there were any additions, deletions or corrections to the Consent Agenda, . Cncl. Mendenrequested that item 13.F.1., Adoption of 2006-2007 Goals and Action Plan, be moved to the Consent Agenda. Cncl, Lehman requested items 5,A,1., Authorize Eminent Domain Proceedings. for 17th Avenue Extension from Southern Meadows to CSAH 83, Project 2006-1, Resolution No. 6381, and 5.D.2" Amendment to the City Code Regarding Park Dedication, Ordinance No, 749, be removed from the Consent Agenda, Joos/Cla.y moved to approve the Consent Agenda as amended, Mr. McNeill read the Consent Agenda business for the record. Motion carried 5-0, Joos/Clay moved to approve the purchase using DWl forfeiture funds to transition from the Smith & Wesson model 4506 to a.40 caliber Glock model 22 or 23 pistol at a cost of $12,173 from Jack's Uniform and Equipment; and declare current service weapons surplus property and authorize their sale to Ray O'Herron Company for a cost of $4,500 resulting in a total project expenditure of$7,673.00. (Motion carried under the Consent Agenda.) Joos/Clay moved to declare the confiscated firearms as surplus property and authorize their sale to The Sports Stop in the amount of $2,700,00. (Motion carried under the Consent Agenda.) . , Official Proceedings of the March 6, 2006 Shakopee City Council Page -2- Joos/Clay moved to declare the 1989 Ford Escort, VIN IFAPD9199KW142297, and the 1994 Cadillac EI Dorado, VIN 1G6EL12YORU615758, as surplus property, (Motion carried under the Consent Agenda,) J oos/Clay moved to authorize the purchase of computer software at a cost of $1,300 to be paid from DWl forfeiture funds, (Motion carried under the Consent Agenda,) Joos/Clay offerd Resolution No, 6378, A Resolution to Enter a Cooperative Agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under the Consent Agenda.) J oos/Clay moved to approve the Certificate of Correction to Plat for Arlington Ridge First Addition, (Motion carried under the Consent Agenda,) J oos/Clay moved to accept the retirement of Francis J, Riesfrom the Shakopee Fire Department. (Motion carried under the Consent Agenda,) Joos/Clay moved to authorize the hiring of probationary police officer Renee Brandt 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.) Joos/Claymoved to approve bills in the amount of$650,305,42 plus $62,326.79for refunds, returns and pass through for a total of $712,632,21, (Motion carried under the Consent Agenda.) Joos/Clay moved to approve minutes of the January 24, February 2, and February 21 (Special Session), 2006 meetings, (Motion carried under the Consent Agenda.) Joos/Menden moved to adopt the two year Goals and Action Steps, (Motioncarried under the Consent Agenda,) (CCDocument No. 404) Mayor Schmitt asked if there was anybody present who wished to speak about an item not on the agenda, There was no response. J oos/Menden moved to open a Public Hearing on the proposed Street Reconstruction and Tahpah Park Redevelopment, Project No, 2006-2, which was continued from the February 21,2006 meeting, Motion carried 5-0, Official Proceedings of the March 6, 2006 Shakopee City Council Page -3- Jeff Weyandt, Assistant City Engineer, stated that there were items that Council requested further information on, The first Were zonal assessments and how they would affect the area near Webster Street. Mr, Weyandt stated that approximately $15,000 .. would be taken off the State's assessment and transferred to the residents located on 5th and 6th A venues between Webster and Cass Streets, He added that at the last meeting there was a concern about assessment amounts. Mr, Weyandt stated that when final numbers are calculated, Council would be able to determine if they would like to cap individual assessments if they feel they are too high, . Mr. Weyandt stated that staff would . continue the practice of allowing residents access to their driveways during construction. He stated that after assessments are calculated, a bill would be sent to the residents who would be able to pay all or a portion of the assessment. Whateveris not paid will go on their tax roll for the next ten years with an interest rate determined at the assessment hearing and set by Council. Mr, Weyandt asked that Council approve a supplement to the original feasibility study which would include costs for Tahpah Park. Cncl, Menden clarified that the assessment could be paid by residents atany time. He asked what the interest rate was at the present time, Mr, Weyandt answered that last year's interest rate was 5%, He noted that in the past Council had added one (1) point to the current interest rate. Cncl, Clay asked if there was a cost breakdown for the options for Webster Street. Mr. Weyandt answered that he did not have a cost break down but the cost was approximately $122.00 per foot if there is a full 37' wide city street and $83.00 fora one-way street. CncL Lehman asked if there were photographs available showing the condition of the sewers. Mr, Weyandt answered that the photographs are on VCR tapes and he didn't have still photos. Mayor Schmitt asked if there was anybody in the audience who would like to ask Mr. Weyandt questions, Bob Cole, 935 West 6th Avenue, stated that he would like to reiterate, that whatever is done to Webster Street, he viewed the project as reconstruction as opposed to new construction. Mr. Cole asked if parking would be allowed on the east side of Webster Street if the street were made. a one-way street. Mr, Weyandt answered that parking would not be permitted. Dorothy Clausen, 804 West 5th Avenue, stated that she has had problems with the sewer from the street to her residence and the City is not planning reconstruction on her street. Ms. Clausen stated that she would have to have the sewer dug up and asked if this was something that could be done in conjunction with the City's project. Official Proceedings of the March 6, 2006 Shakopee City Council Page -4..; Mr, Weyandt answered that the City could coordinate the work and would speak to Ms. Clausen after the meeting and get her the necessary information, Robin McCullough, 935 West 5th Avenue, stated that he preferred the hammer-head recommendation so there would be no through traffic, He stated that there isn't a huge need for Webster Street as far as a traffic pattern into the area. He indicated that.it would take away a lot of the problems in the neighborhood as far as. Webster Street. existing. He added that as a second choice, a one-way street would take away some of the expense. . Mr, McCullough asked how wide a one-way street would have to be to allowparking, Bruce Loney answered that 20' of clear width would be required for emergency vehicles and parking would be allowed on one side of the street with a width of28', Mr, Loney stated that even with all the options presented by Mr. Weyandt, the alley . between 5th and 6th Avenues would still need to be widened; the alley needs to come out somewhere. Joos/Menden moved to close the public hearing. Motion carried 5-0, Lehman/Menden moved to deny the water service line replacement assessment for the 2006 Reconstruction Project, Councilor Joos reminded the Council members that Shakopee Public Utilities has requested the City Council to assess $750 for each new water service line replacement. This would be consistent with the city's policy to assess for sanitary sewer service lines. He thought that this request is to soon to be considered for this project. Motion carried 5-0. Mr. Weyandt stated thatthe supplement to the 2006 Street Reconstruction Feasibility Report adds the Tahpah Park Redevelopment Project to the 2006 Street Reconstruction Proj ect. Joos/Menden moved to accept the memo from Jeff Weyandt, Assistant City Engineer, dated March 6, 2006, titled Supplement to the 2006 Street Reconstruction Feasibility Report. Proiect No, 2006..;2 as a supplement to the 2006 Street Reconstruction Feasibility Report. . Motion carried 5-0. Joos/Menden offered Resolution No. 6383, A Resolution Ordering and Combining Certain Improvement Projects [Ordering an lmprovement and Preparation of Plans and Specifications for the 2006 Street Reconstruction and Tahpah Park Redevelopment Project, Project No. 2006-2], and moved its adoption; including, constructing Webster Street as a one-way, 20 foot street with no on-street parking. Motion carried 5-0. Official Proceedings of the March 6, 2006 Shakopee City Council Page -5- MendenlJoos moved to award a contract extension to Bonestroo, Rosene, Anderlik& Associates for the design of Tahpah Park parking lot, storm water systems, electric and irrigation well in an amount not to exceed $35,000.00. Motion carried 5-0, Lehman/Joos moved to open a Public Hearing on the Proposed Trunk Sanitary Sewer Extension along CSAH 83 from the Church Addition to Valley View Road, Project No. 2006-6, Motion carried 5-0, Bruce Loney approached the podium and informed Council that John Powell, WSB & Associates, was in attendance and would be making a presentation. He stated that he had . received a letter from the Shakopee Mdewakanton Sioux Community stating thatthey approved. a temporary construction easement and stated that the schedule was revised with an EAW being required. Mr, Powell stated that the proposed improvements include the extension of the sewer trunk along CSAH 83 from the Church Addition to Valley View Road.. The City project would terminate at the northeast corner of River Valley Estates, The inlprovements within River Valley Estates would be installed by the developer, Pulte Homes, Mr. Powell presented an exhibit showing an overview of the project area. Mr. Powell stated that there had been conversations with Scott County regarding the future reconstruction . ofCSAH 83. He stated that the proposed location of the sanitary sewer is 20' inside.a 50' right-of-way (ROW) that Scott County has on the east side of CSAH 83. The proposed improvements would belO' inside the ROW, about 58' from the edge of the existing bituminous off the east side and located under a future trail after CSAH83 is reconstructed. Mr, Powell stated that the schedule for the project is a significant issue when considering an Envirorunental Assessment Worksheet (EA W). There have been two past extension of the trunk sanitary sewer along CSAH 83 both with the same. capacity that the proposed improvement has. Neither of those projects required an EAW from the MPCA. Based on those projects, WSB & Associates was confident that this project would not require an EA W either. The MPCA, however, indicated that from an envirorunental review standpoint they believed an EA W would be required, The.timelines are such that completion of the sewer extension may not meet the Pulte Homes'.timeline. Pulte Homes has committed. $90,000 to this project if a lift station is eliminated, Their schedule has building permits being issued.in August and occupancypermitsin October. Mayor Schmitt asked for comments from those present. Jason Wedel, Director of Land Development ofPulte Homes, addressed Council. Mr. Wedel indicated that PulteHomes.is in favor of having the trunk sewer line extended to the development. Mr, Wedel agreed that the schedule is tight and there is always a risk. Based on Pulte Homes' construction schedule, assuming that an agreement can be Official Proceedings. of the March 6, 2006 Shakopee City Council Page -6- reached and knowing that there is about a one month cushion that would allow the preparation of the EAW, they would like to work with the City to move forward on the development. Harold Schneider, 3300 Valley View Road, expressed support for the project. LehmanlMenden moved to close the public hearing, Motion carried 5-0. Lehman/Joos offered Resolution No, 6382, a Resolution Ordering an Improvement and Preparation of Plans and Specifications 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, Clay/Menden moved to direct staffto sendaletter to the SMSC thanking them for their cooperation in granting the easement for the Truck S anitaryS ewer Extension along CSAH 83. Motion carried 5-0, LehmanlMendenmoved to authorize WBS & Associates to prepare plans and specifications for CSAH83 sewer extension, Project No. 2006-6. Motion carried 5-0, Joos/Menden moved to authorize an extension agreement withWSB & Associates for the preparation of information for anEA Win an amount not to exceed $4,700.00, Motion carried 5-0, MendenlClay moved for a five minute recess at 8 :31 p,m. Motion carried 5-0, Mayor Schmitt re-convened the meeting at 8:42 p.m. Bruce Loney addressed Council regarding the improvements for 1 ih Avenue from Southern Meadows to CSAH 83, Project No, 2006-01, Additional right-of-way (ROW) and easements must be acquired to construct 17th Avenue to CSAH 83. Staffis . requesting authorization for Eminent Domain Proceedings in order to obtain the ROW to meet the proposed project schedule. Offers have beenmade to residents and at this time there have been no agreements with the property owners, Cncl. Lehman asked if the property owners have been notified of the City's intention, Mr. Loney responded that they have, He.stated that Dan Wilson had been hired by the City to work on the land acquisition.Mr, Wilson had been in contact with all three property owners. Lehman/Joos offered Resolution No, 6381, a Resolution Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, for the 17th Avenue lmprovements from Southern Meadows to CSAH 83, and moved its adoption, Motion carried 5-0, Official Proceedings of the March 6, 2006 Shakopee City Council Page -7- The next item was an amendment to City Code Section 12.34 regarding Park Dedication wherein utility easements would no longer be eligible for park dedication credit. CncLLehman stated that in the past there have been joint park and utility facilities, The way he understands staff s memo is that there may bea utility easement within a park that is unusable as a park space. Mark Themig, Parks, Recreation and Facilities Director, answered that utility easements normally have restrictions on how they can be utilized, In some cases, there are no improvements allowed within the easement area and if improvements are allowed they typically restrict any permanent structures or extensive vegetation. .. The City would normally be responsible for any restoration for improvements should the utility need to be serviced. Many times the developers want to include utility easements as part of the park dedication because the. developer would benefits by providing the undevelopable land to the City as park land and would get credit for the dedication, MendenlJoos offered Ordinance No. 749 Fourth Series, Amending City Code Section 12.34 Regarding Park Dedication, and moved its adoption, Motion carried 4-1 with Cncl Lehman dissenting. Mayor.Schmitt then called for Council members' liaison reports. Cnc1. Clayhad nothing to report. Cncl, Joos stated that he attended a Utility Commission meeting earlier this evening. The issues Council spoke of earlier were also discussed at the Utility Commission meeting. CncL Menden stated that the workshop with the Township was very beneficial and hoped that.there will be further conversations.with them regarding phased developments. He had an opportunity last week to go to the Dean's Lake Outlet with Bruce Loney, Cncl. . Lehman had nothing to report. R. Michael Leek addressed Council to discuss the preliminary and final plat of Vierling Estates II. Mr, Leek stated that Shakopee Development, LLC, had submitted application for the preliminaryandfmal plat approval of property located north ofHighway169, south of Vierling Drive and west of Calvary Church, The plat proposes the creation of seven multi-family structures which tota123 units on approximately 3,63 acres ofland, The proposed lots will have access from Vierling Drive via a 28' wide private circular drive which would service the 23 units. The structures would consist of two, three and four unit buildings comprised of two story and rambler type structures, The development would also provide eight additional parking spaces available next to the garages and driveways which exceeds the minimum requirement of2.25 spaces per residential unit. Official Proceedings of the March 6, 2006 Shakopee City Council Page -8- There will also be a stormwater detention pond. and a 6 foot tall screen fence and a two foot berm for sound mitigation along the property line adjacent to Hwy, 169. Planning Commission recommended approval with the conditions contained in Resolution No, 6380, The developer of the property, Don Willenbring, addressed Council and presented renderings of the proposed development. Doug Willenbring, co-owner of the proposed development, was also present. Joos/Lehman offered Resolution No. 6380, a Resolution Approving the Preliminary and Final Plat of Vierling Estates II, adding the condition that the roadway be built to City standards, and moved its adoption, .' Motion carried 5-0. Mark Themig approached Council to discuss the proposed re-design of the 17th Avenue Sports Complex Building schematic design review. Original bids came in over budget . and it was redesigned. The building retains the same basic floor plan as the original building with restrooms, concessions, a small meeting room and storage. . There are significant changes in the overall design to include the roof, doors, openings and windows, materials and site layout. It has a north/south layout and it better fits the space. The updated cost estimate for the resign is $451,132. The costincludes all estimated building permits, water connection charges and sewer connection fees. Also included is an allocation for heating the.building ($33,518) which would provide a comfort level for early spring and late falluse. The cost estimates don't include insulation so the building would not be appropriate for year-round use. The CIP includes $493,000 for building construction so theproposedprojectis within budget. LehmanlMenden moved to authorize plans and specifications for the lih Avenue Sports Complex building, Motion carried 5-0. Mark McNeill, City Administrator, stated that staffwas contacted by Rahr Malting regarding a resolution of support for a Bill to be introduced in this year's Legislature concerning a property tax exemption for a Biomass Electric Generating Facility to be constructed at Rahr Malting, The facility would be. adjacent to their existing building and . would be a partnership between Rahr and the Shakopee Mdewakanton Sioux Community (SMSC); ajoint venture known as Koda Energy, Staff expects to see an application for a conditional use permit shortly, Mr,Bob Micheletti and Mr, Paul Kramer. from RahrMalting addressed the City Council and explained the proposed Biomass Electric Generating Facility, Discussion followed. Official Proceedings of the March 6, 2006 Shakopee City Council Page-9.. MendenlLehman moved to direct staff to prepare a resolution of support for consideration on the consent agenda for the March 21 st meeting to indicate Shakopee's support for a personal property tax exemption for the Koda Biomass to Energy project at Rahr Malting. Motion carried 5-0. Joos/Menden moved to adjourn the meeting to Tuesday, March 21,2006 at7:00 p.m, at 10:24 p,m, Motion carried 5-0. ~d'Gf J dith s. Cox . · City Clerk Andrea Bortness Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNClL REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 21, 2006 Mayor John 1. Schmitt called the meeting to order at 7:01p,m. with Council members Steve Clay, Terry Joos, Steve Menden, and Matt Lehman (7:05.p,m,) present. Also present were Mark McNeil, 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; and Dan Hughes, Chief of Police. The Pledge of Allegiance was recited. Joos/Menden moved to approve the agenda as presented. Motion carried 5-0. For the Mayor's Report, Dan Hughes presented Officer John Buetow with the City of Shakopee 2005 Officer of the Year A ward. Officer Buetow was recommended for the award by three supervisors because of the crucial roles he has played in important criminal cases and his community involvement with fundraising for the Special Olympics. OfficerBuetow thanked Chief Hughes for giving him the opportunity andhis fellow officers for their support, Arvid Sorenberger from the Special Olympics, introduced Savage Police Department Captain Rodney Sauer, Capt. Sauer recognized the Shakopee Police Department, and Sheriff Menden for his assistance, for outstanding contributions to Special Olympic athletes with their participation in the Law Enforcement Torch Run. Mayor Schmitt asked if there were any additions, deletions, or corrections to the Consent Agenda. Cnc1. Menden requested that item 5.D,I, Consultant Contract Change, be removed from the consent agenda and item B.D.1, Plans and Specifications for 2006 Reconstruction and Tahpah Park lmprovements, Project No. 2006-2 - Resolution 6386be placed on the consent agenda. Cncl. Lehman requested that item 5.C.6, Plotter Printer Purchase for Engineering Offices, be removed from the consent agenda. Joos/Clay moved to approve the Consent Agenda, Mr, McNeil read the consent agenda business for the record. Motion carried 5-0. Joos/Clay moved to award the contraCt for a Grass Pak Fire Unit to Foreman Fire Service and Repair in the amount of $35,476,79, and direct the Fire Chief to negotiate deducts . from that contract to bring the total acquisition price of the grassfire truck to under $60,000. (Motion carried under the Consent Agenda) Official Proceedings ofthe March 21, 2006 Shakopee City Council Page -2- Joos/Clay offered Ordinance No. 750, Fourth Series, an Ordinance of the City of Shakopee, Minnesota Amending Section 10.60 Noise Elimination and Noise Prevention and Prohibiting Use of Engine Retarding Braking Systems in the City and Resolution No. 6384, a Resolution of the City of Shako pee, Minnesota, Confirming lntent to Enforce Minnesota Statutes 169.69 (Muffler)and 169.693 (Motor Vehicle Noise Limits), and moved there adoption, (Motion carried under the Consent Agenda,) Joos/Clay moved to approve Resolution No. 6387, a Resolution of the City of Shakopee, Minnesota, Setting a Public Hearing to Consider a Petition to Annex Property from Jackson Township North of County Road 78, West of County Road 15, and South of Highway 169, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Clay moved to approve Resolution No, 6385, a Resolution of the City of Shako pee, Minnesota, Setting the Public Hearing Date to Consider the Vacation of Right-of-Way of 4th Avenue West and 5th Avenue West between Webster Street and Adams Street, Webster Street between 4th Avenue and 5th Avenue, and 60 feet of Alley West ofCass Street between 4th A venue and 5th A venue, and moved its adoption. (Motion carried under the Consent Agenda). Joos/Clay moved to declare one laptop computer, Panasonic CF-48, as surplus property and authorize staff to sell the computer to the Scott County Sheriff s Volunteer Reserve Deputy Program for $1.00. (Motion carried under the Consent Agenda). Joos/Clay offered Ordinance No, 752, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 12.17 Regarding Letters of Credit, and moved its adoption. (Motion carried under the Consent Agenda). . Joos/Claymoved to approve and authorize the appropriate city officials to enter into a Cleaning Contract with Plymouth Ridge, Inc. d/b/a Coverall Cleaning Concepts until December 31,2006 for Lions, Memorial, Hiawatha, Tahpah, Holmes, Huber and Scenic Heights Parks with a total cost of$8,568, (Motion carried under the Consent Agenda). Joos/Clay offered Resolution No, 6389, a Resolutionofthe City of Shakopee, Minnesota, Establishing Municipal State Aid Streets, and moved its adoption, (Motion carried under the Consent Agenda). Joos/Clay acknowledged the successful completion of probation and authorized the retention of Ms. Bjerketvedt as a Police Records Technician effective March 26,2006, (Motion carried under the Consent Agenda). Joos/Clay acknowledged the successful completion of probation and authorized the retention of CSO Thor Carlson as a Community Service Officer effective March 13, 2006. (Motion carried under the Consent Agenda), Official Proceedings ofthe March 21, 2006 Shakopee City Council Page -3- Joos/Clay moved to authorize a 90 day unpaid leave of absence for the employee in question, due to amedical disability. (Motion carried under the Consent Agenda). Joos/Clay moved to ratify the contract between the City and Law Enforcement Labor Services Local 292 (police patrol), for period of January 1,2006 through December 31, 2008, (Motion carried under the Consent Agenda), Joos/Clay moved to ratify a three year contract with Public Works Local 320 ofthe Teamsters Union, for the period January 1,2006 through December 31,2008. (Motion carried under the Consent Agenda). Joos/Clay moved to approve bills in the amount of$454,135.56 plus $32,807.92 for refunds, returns and pass through for a total of $486,943.48. (Motion carried under the Consent Agenda), Joos/Clay moved to approve of the minutes of February 7,2006, (Motion carried under the Consent Agenda). Jaos/Clay moved to call for a Special Meeting of the Council for 6:30 PM to 8:30 PM on Monday,. April 3 rd, in the City Council Chambers to hear a presentation on Accessibility lssues, (Motion carried under the Consent Agenda), Joos/Clay offered Resolution No. 6386, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2006 Street Reconstruction and TahpahPark Redevelopment Project No. 2006-2, and moved its adoption, (Motion carried under the Consent Agenda). Mayor Schmitt asked if there were any interested parties in the audience who wished to speak on a matter not included on the agenda, Mr. Joseph Ginter, representing Dallas Townhomes, stated his frustration with snowmobiles and A TV s being driven across their common area without permission and included photographs of the damage that has been done to sod and sprinklers as a result. The police have been called, but nothing has been done to resolve the problem, LehmanlMenden moved to direct staffto look into solving the problem with snowmobiles and ATVs being driven across common areas within the Dallas Townhome development, Motion carried 5-0. LehmanlMenden moved to authorize the purchase of an HP DesignJet 4000 from Personal Tough Technologies at a cost not to exceed $8,074.00 plus applicable sales tax, Official Proceedings of the March 21, 2006 Shakopee City Council Page -4- $2,000 will be paid for by Engineering, the remaining amountwill come from Community Development. Motion carried 5-0, Menden/Joos offered Ordinance No, 753, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11,62 Regarding Driveway Setback, and moved its adoption, Motion carried 5-0, Menden/Joos moved to approve the consultant contract revision for engineering consultants working for the city allowing for minor projects of $5,000,00 or less to be done without further Council authorization. Motion carried 5-0. Mayor Schmitt asked for a periodic report on what the city spends on consultants, quarterly, CncL Lehman added that the report indicate what was paid by developers and what was paid by other services, Mayor Schmitt asked for Council Liaison Reports, CncL Lehman reported that he met with Congressman Klein in regards to the river interceptor. Cnc1. Lehman felt the meeting went well and that Congressman Klein would contact the Army Corps. Of Engineers and have them contact us. The funds for Huber Park might have to go to the greater need of stabilization of the Western Bank and potentially have to seek another allocation for Huber Park. Cnc1, Clay reported that the Transit Board did not meet due to the snow storm, Cnc1. Menden attended the Joint EAC & Park & Rec Board meeting, They will meet one more time in April before deciding if this is working or not. He also attended the School Board meeting where they decided to purchase additional property adjacent to the current property, Cnc1, Joos reported that the Utility Commission will move ahead with the Council decision and will proceed with other options to cover costs (relating to water services for the 2006 reconstruction project). The Commission also recommended that the interaction with the City on projects continue as is, and that the Commission and City Council.need to let each other know if changes need to be made. The Commission also wants to consider a joint task force to come up with possible solutions for funding water services during reconstruction projects. Menden/Clay moved to recess for an Economic Development Authority meeting at 7:38 p,m.. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:41 p.m, Official Proceedings of the March 21,2006 Shakopee City Council Page -5- R. Michael Leek presented the Council with a request to rezone property from Agricultural Preservation to Rural Residential, The property is 22 acres and is located south of CR 42 extended and west of Marschall Road, The applicant intends to subdivide the property if the application is approved. Mr, Leek stated that this rezoning request is consistent with the City's CompPlan andthe Met Council's request for low density development.. The Planning Commission considered the application and approved the rezoning 7-0. Discussion followed. . Mayor Schmitt asked if the applicant was in the audience and asked him to speak, Bryan Thompson, 1127 Vista Ridge Lane, applicant, stated that he was very willing to work with the City Council on any issues that concerned them including the mailbox, garbage, and access issues. He stated that he would like to split the lot and build one additional home; and, he can abandon the current access and access from CR 14. Joos/Clay offered Ordinance No. 751, Fourth Series, an Ordimince of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Section 11.03 by Rezoning Land Located Southeast ofLakeO'Dowd and East of Vista Ridge Lane from Agricultural Preservation (AG) Zone to Rural Residential (RR)Zone, and moved its adoption. Motion carried 4-1. Mayor Schmitt dissented, R. Michael Leek presented the Council with a preliminary plat and conditional use permit for exterior storage for Lloyd's Properties, LLC at1431 and 1449 Maras St. The Planning Commission conducted a public hearing on the subject and unanimously recommended Council approval. Discussion followed. Cncl. Lehman amended Resolution 6390 Condition #9 in Resolution No, 6390 to state all fencing shall be constructed of wood or other material similar in durability and appearance and approved by staff. MendenlLehman offered Resolution No, 6388, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of Lloyd's Properties, LLC and Resolution No. 6390, A Resolution ofthe City of Shako pee, Approving a Conditional Use Permit to Allow Exterior Storage, Landscape Services and Contractors, and an Overheight Fence, at 1431 and 1449 Maras Street, as amended, and moved their adoption, Motion carried 5- 0, John Peterson, Telecommunications Coordinator, presented the Council with a recommendation from the Telecommunication AdvisoryBoard to purchase a new Channel Automation System from AlphaVideo, This system will offer programming without staff being present, which will reduce staff time from 15 hours a week to 5 hours a week when staff is fully trained. The Telecommunications Commission is not recommending the purchase of the video streaming at this time in order to bring the cost down from $57,621.17 to $53,886.23. This is over the $45,000 that was budgeted, To be Official Proceedings of the March 21, 2006 Shakopee City Council Page -6- able to fully fund the purchase, staff is requesting to defer the purchase of an editing suite, budgeted at $18,000, Mr. Peterson responded to questions from Council members, MendenlLehman moved to authorize the purchase of a Tightrope Channel Automation System from Alpha Video at a cost not to exceed $54,000 including installation and training. Motion carried 5-0. Kris Wilson, Assistant to the City Administrator, presented the Council with a settlement offer from Time Warner Cable related to their underpayment of franchise fees from January 1,2002 to December 31, 2004 in the amount of $4,500 with the condition that the City grant Time Warner a "clean bill of health" for the period in question. The Telecommunications Commission recommends that the Council accept the settlement offer and the related terms and conditions. Joos/Clay moved to accept Time Warner Cable's franchise fee settlement offer of$4,500 and the terms and conditions of a "clean bill of health", for the period for January 1,2002 - December 31, 2004. Motion carried 5-0. Kris Wilson presented the Council with a request to waive its Subordination Policy relative to a Small Cities Development Program (SCDP) loan made in 2003. The recipient is asking for this waiver due to a disability, not having to repay the loan at this time will make the cash available to be used to enhance the home to meet the disability needs of the recipient. Lehman/Joos moved to authorize appropriate staff and.city representatives to accept a subordinate position for the remaining value of the applicant's Small Cities Development Program loan to a new mortgage, pending verification of the applicant's disability. Motion carried 5-0. Mayor Schmitt asked the Council to present any concerns they had, Cncl. Menden asked if there was a schedule to repair potholes, Bruce Loney stated that hot mix asphalt plants were not yet open so only temporary fixes ofmajor potholes could be done at this time. Cncl, Menden requested that the Fire Department's request for a pay increase be discussed at the April 4th council meeting, CncL Joos requested to see a complete compensation plan for the Fire Department, including retirement and other benefits at the discussion. Official Proceedings of the March 21, 2006 Shakopee City Council Page -7- Cnc1. Lehman requested that Class 5 be used to temporarily fill the potholes until the asphalt plants open. Bruce Loney will follow up on the request. Mayor Schmitt stated that he is unavailable for the March 30th Legislative Day for the League of Minnesota Cities and asked if anyone would be able to take his place, Cnc1. Menden stated that he would if he had no conflicting meetings. Cnc1. Lehman stated that he was also interested in attending, LehmanlMenden moved to adjourn to Monday, April 3, 2006 at 6:30 p,m. Motion carried 5-0. The meeting was adjourned at 8:52 p.m, <QJJl~.~ J ilith s. Cox . ity Clerk Jessica Adamietz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNClL ADJ, REGULAR SESSlON SHAKOPEE, MINNESOTA APRIL 3, 2006 Mayor John J, Schmitt called the workshop meeting to order at 6:30 p,m. Council members present: Steve Clay, Terry Joos, Steve Menden and Matt Lehman present. Also present: Mark McNeill, City Administrator; Mark Themig, Director of Parks & Recreation; and Brad Eller, Recreation Supervisor. Also in attendance were members of the City's Accessibility Task Force, and various members of City advisory boards and commissions. City Administrator McNeill introduced Brad Eller, who is staff liaison for accessibility issues, Mr, Eller introduced John N. McGovern, consultant,.who spoke to the group on the Americans with Disabilities Act (ADA) access issues. Joos/Menden moved to adjourn the meeting to 7:00 p.m. Tuesday, April 4, 2006. Motion carried unanimously. Meeting adjourned at 8:08 p.m, Mark McNeill City Adn1inistrator ~J .C;c &dith s. Cox .. .... ..... ity Clerk