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HomeMy WebLinkAbout5.F.2. Approval of Minutes: February 06, 2007 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 6, 2007 Mayor John 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; Kris Wilson, Assistant. City Administrator; Jim Thomson, City Attorney; Judith S, Cox, City Clerk; Michael Leek, Community Development Director; and Bruce Loney, City Engineer/Public Works Director. The Pledge of Allegiance was cited, Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill stated that there were no additions or deletions. Clay/Joos moved to approve the agenda. Motion carried 5-0, Mayor Schmitt gave the Mayor's Report, Mayor Schmitt stated he attended the League of Minnesota Cities conference. Mayor Schmitt advised Council members that they should have in their Council packets the information from the conference. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda as published. Mr. McNeill stated that 13.C.l, Special Assessment Policy Revisions - Resolution No. 6572, could be added to the Consent Agenda ifthere are no questions on it. Menden/Clay moved to approve the Consent Agenda with an amendment to include 13.C.1. Special Assessment Policy Revisions. Mr. Mc Neill read the consent business. Lehman/Menden moved to amend the motion to take 13 ,C.1. off ofthe Consent Agenda. Motion carried 5-0. Mayor Schmitt asked for a vote on the amended Consent Agenda. Motion carried 5-0. Menden/Clay moved to authorize the semi-final payment for Savannah Oaks Neighborhood Park to Kevin Casey, LLC for the total of$17,990.93. (Motion carried under the Consent Agenda) Menden/Clay offered Resolution 6576, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 6174, Establishing A Policy for the Naming of Parks, and moved its adoption. (Motion carried under the Consent Agenda) Menden/Clay approved combining the Huber Park Grand Opening with the celebration of the Sesquicentennial tentatively scheduled for June 29,2007 thru July 1, 2007, (Motion carried under the Consent Agenda) Menden/Clay offered Resolution No, 6574, A Resolution Accepting Bids for an Ice resurfacer, and moved its adoption; and authorized an additional $10,000 from the Equipment Fund for this purchase. (Motion carried under the Consent Agenda) Official Proceedings of the February 6, 2007 Shakopee City Council Page -2- Menden/Clay offered Resolution No. 6568, A Resolution Receiving a Report and Calling a Hearing for the 2007 Street Reconstruction Project, Project No. 2007-2, and moved its adoption. (Motion carried under the Consent Agenda) Menden/Clay offered Resolution No, 6567, A Resolution Receiving a Report and Calling a Hearing for the 2007 Bituminous Overlay Project, Project No, 2007-5, and moved its adoption. (Motion carried under the Consent Agenda) Menden/Clay moved to authorize the purchase of one light truck from Elk River Ford in the amount of $24,476.50 under the State of Minnesota contract #436604. (Motion carried under the Consent Agenda) Menden/Clay offered Resolution No. 6573, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Cemetery Access Improvements, Project No. 2007-7, and moved its adoption. (Motion carried under the Consent Agenda) Menden/Clay offered Resolution No, 6566, a Resolution Regarding Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under the Consent Agenda) Menden/Clay moved to approve the use ofDWI forfeiture funds to purchase weapon mounted lighting systems for the Police Department handguns and long guns, along with slings for the department's long guns from Ray O'Herron, Inc, at a cost of$7,961.00. (Motion carried under the Consent Agenda) Menden/Clay moved to authorize appropriate staff to begin the hiring process for three Maintenance Operators in the Public Works Department, to include advertising the position and interviewing qualified candidates, (Motion carried under the Consent Agenda) Menden/Clay moved to approve the job description for the position of Police Records Supervisor; offer Resolution No. 6575, amending the 2007 Classification Grade Levels and Pay Maximums, and moved its adoption; and direct the Police Civil Service Commission to begin the hiring process. (Motion carried under the Consent Agenda) (CC Document No. 429) Menden/Clay moved to grant full-time regular status to both Police Officer Karen Johnson and Police Records Technician Jean Link in their respective positions with the Shakopee Police Department. (Motion carried under the Consent Agenda) Menden/Clay moved to authorize hiring Karen Macklin for the position of Accounting Clerk II at Grade 4, Step C of the 2007 City Pay Plan, contingent on the successful completion of the City's required pre-employment screenings. (Motion carried under the Consent Agenda) Menden/Clay moved to approve the bills in the amount of$995,306.10. (Motion carried under the Consent Agenda) Menden/Clay moved to approve the minutes of the January 2,2007 City Council meeting. (Motion carried under the Consent Agenda) Official Proceedings of the February 6, 2007 Shakopee City Council Page -3- MendenlClay moved the nominations for openings on Boards of Commissions. . Planning Commission/BOAA: Gayl Madigan and Mark McQuillan . Park & Recreation Advisory Board: Sam Mayberry and Jeanie Penning . Shakopee Public Utilities Commission: Bill Mars, Mark Mcquillan and Eric Braun . Police Civil Service Commission: Tom Steininger and Kirk Simmons . Environmental Advisory Committee: Mateus Ferraz-Souza and Jacqueline Dowell . Telecommunications Advisory Commission: Michael Guncheon, Don McNeil and Benjamin Adams . Historic Preservation: Jay Whiting, Michael Huber and Jacqueline Dowell . Transit Commission: John Drees, Randy Busch and Lisa Overn (Motion carried under the Consent Agenda) MendenlClay offered Resolution No. 6570, A Resolution of the City of Shako pee, Minnesota, Approving Premises Permit for the Shakopee Downtown Partnership, and moved its adoption. (Motion carried under the Consent Agenda) MendenJClay offered Resolution No, 6569, A Resolution Establishing A Rate Of Pay For Commissioners Of The Shakopee Public Utilities Commission, and moved its adoption. (Motion carried under the Consent Agenda) MendenlC1ay moved to provide $12,500 from the City's Telecommunications Fund to Independent School District #720 to fund a portion of the costs of upgrading the Audio/video equipment in the district's board room, (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience that wished to address an issue that is not on the agenda. No one responded, MendenlLehman moved to reopen the public hearing for vacation of an easement at 590 Citation Drive. Motion carried 5-0. Michael Leek presented Council with the vacation of a 15- foot portion of a 20- foot drainage and utility easement at 590 Citation Drive. Mr. Leek said that Consulting Management Construction, Inc., representing McCarthy Well Company has filed an application requesting the vacation of a IS-foot portion of a 20-foot drainage and utility easement to allow the placement of a second building, 5- feet from the rear property line. Mr. Leek stated that at the January 4,2007 meeting of the Planning Commission the Conditional Use Permit request for multiple structures was approved, and the building materials variance was denied. Mr. Leek also stated at the December 7, 2006 meeting of the Planning Commission a 3- 2 vote was cast recommending denial of the request. Mr. Leek stated that Engineering staff have recommended denial of the request based on drainage issues in this area and that vacating a substantial portion of the easement would further hinder the City's ability to extend utilities in the future and limit the ability for equipment to work in the area to improve the drainage issues in the future. Mr. Leek also stated that Bruce Loney, Public Works Director, has also visited the site and strongly recommends denial of the vacation request because of site specific issues in regard to elevation. Official Proceedings of the February 6, 2007 Shakopee City Council Page -4- Mike McCarthy of McCarthy Well presented Council with the plans for expanding the facility at 590 Citation Drive with an additional building. Mr. McCarthy stated that the original plan called for an 18,000 square foot building which was positioned on the site so it would not require any vacation of the easement on the south end of the property. Mr. McCarthy stated that since it left the easement area exposed and with the grading changes that would be required they would have had to increase the drainage swale behind the building between the railroad spur in order to deal with the drainage that would come from the easement itself. Mr, McCarthy said that the next plan was to put the building at a zero foot setback this would have eliminated all of the drain ability to the south. Mr. McCarthy stated that discussion with it was likely it wasn't going to happen, Mr. McCarthy said in the third plan they set the easement setback from 0 feet to 5 feet, and to downsize the building, He also stated that the high point of the drainage easement is on his property. Mr. McCarthy also stated that his neighbor immediately to the east has zero foot setback from the easement. Mr, McCarthy said in summary that he feels that the City granting the request would be consistent with other vacations granted in the area and the impact on drainage patterns wouldn't change now or in the future, Mr. McCarthy stated that if the drainage patterns were to change he said there are plenty of other opportunities to drain from the south to the north along the east and west property lines. Paul Meyer, an architect who is working with McCarthy Well on their building project, presented Council with his summary ofthe request and the evaluation process. Mr. Meyer said the point ofthis is to evaluate what public purpose that easement has. Mr. Meyer said the two issues are the easement is specifically a drainage and utility easement that a portion would be vacated. Mr. Meyer said there is no drainage impact or potential need for the drainage easement along the south property line. Mr. Meyer said the other potential for future extension for any other types of utilities along the easement is not likely. Mr. Meyer showed a sketch of the proposed building site. The initial concept was for an 18,000 square foot building. Mr. Meyer said the initial drawing of the building was more than 20 feet off the easement however drainage became an issue so a different plan was drawn up and the building was on the property line in a curved fashion however the cost to construct a curved structure was cost prohibitive so a design was drawn with square walls which would require the vacation of 15 feet of the easement to maintain the square footage. Cncl. Menden asked Mr. Meyer how much parking will be needed on the site and how is parking and maneuvering long trucks to be dealt with on the site. Mr. Meyer said that there would be an outside dock on the east end of the building. Trucks would come to the site and have to back into the dock area. Cncl. Joos is concerned about if there is going to be any green space on the site. Mr. Meyer said that there is more than 15% green space as part of the proposal. Mr. Meyer said that in terms of the location of the building and whether is should be where it is being proposed or further to the north the City's zoning ordinance to the setback to the railroad Official Proceedings of the February 6, 2007 Shakopee City Council Page -5- right-of-way is zero, Mayor Schmitt said that under certain conditions the ordinance provides normally for a 20 foot rear yard setback adjacent to the railroad if you have a siding. Mayor Schmitt said that in the case of the Shakopee Printing facility is it zero because there is a spur line that serves that facility. Bruce Loney, Public Works Director, presented Council with pictures of the site. Mr. Loney stated that there is a drainage ditch which is on the out lot ofthe railroad spur. Mr. Loney said that he checked the records and the City does not have any drainage or utility rights on that 25 feet. Mr. Loney said that there is a drainage problem in the area and the tracks have been washed out in a couple of areas. Mr. Loney said that the applicant believes that the drainage water can be brought down from the west to the east and then south to drain. Mr. Loney doesn't believe it is possible to do it. Mayor Schmitt stated for the record that Quality Forklift easement is only for 126 feet ofthe total 312 foot boundary on the south side and the City only gave them vacation for one-third of the easement on the southeast corner of the property. Joos/Menden moved to close the public hearing, Motion carried 5-0. Joos/Clay offered Resolution No. 6550, Denying the Vacation of 15-feet of a 20-foot Drainage and Utility Easement at 590 Citation Drive, and moved its adoption, Discussion followed. Cncl. Lehman said he doesn't like to see the City giving other businesses in the area a competitive advantage by allowing variances and encroachments on easements. Mr. Thomson suggested that an amendment to the Resolution should be made to include for the reasons set forth by the Planning staff in its February 6, 2007 memo so the record is clear that those are the reasons why you think it's not in the public's interest. Joos/Clay amended the motion to include in the Resolved portion of Resolution 6550 a statement; for the reasons set forth by the Planning staff in its February 6,2007 memo. Mayor Schmitt asked for vote on the motion. Motion carried 5-0 on the motion as amended. Lehman/Menden moved to open the public hearing on proposed Pike Lake Road Improvements. Motion carried 5-0. Mr. Loney presented Council with the Pike Lake Road Improvements from CSAH 16 to 1100 feet south and a public street 425 west of Pike Lake Road, necessary for a new elementary school to open in August, 2007. Mr, Loney stated that Tollefson Development, Inc. has requested the assessments be placed on their remaining 114 acres and will enter into an agreement with the City for the assessments. Mr. Loney also stated that the City will have the oversizing costs for the collector street (Pike Lake Road) and street lighting. SPUC will also have watermen oversizing with this project. The total estimated project cost for this project is $822,300.00. Official Proceedings of the February 6, 2007 Shakopee City Council Page -6- Mayor Schmitt asked if there were any comments from the public. There were none. Menden/Clay moved to close the public hearing, Motion carried 5-0. Menden/Joos offered Resolution No. 6571, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for Pike Lake Road Improvement, from CSAH 16 to 1100 Fee South and a Public Road 425 Feet West of Pike Lake Road, Project No. 2007-3, and moved its adoption. Motion carried 5-0. Lehman/Menden moved to direct the City Attorney to prepare an agreement between the City and Tollefson Development, Inc, for the assessments associated with the Pike Lake Road Improvement Project No, 2007-3. Motion carried 5-0. Mayor Schmitt asked for Liaison Reports from Council Members. Cncl. Lehman stated he attended the Chamber of Commerce meeting. Discussion was about the 2006 financial overview of the Visitor's Bureau. Also discussed was 2007 marketing plan. Cncl. Joos stated he attended the League of Minnesota Cities conference. He also discussed attending the SPUC meeting. SPUC has not hired a financial director yet. Cncl. Joos also stated SPUC is working on what the City's fees are and the contribution they make to the City. Cncl. Joos also stated there was a presentation from the two SPUC employees that went to Missouri to help restore utilities from the ice storm. Cnc1. Menden said he attended the Downtown Partnership meeting. He said State Representative Beard presented some legislative updates. CncL Clay had nothing to report. Mr, McNeill presented Council with the State Transportation Funding Request. Mr. McNeill stated that Council is asked to adopt a resolution urging the Minnesota Legislature to take action necessary to address the current shortfall in funding needed to fix the State's transportation problem. Mr. McNeill said the projected shortfall is $1.5 billion annually for each of the next ten years. Cncl. Lehman stated that the southwest quadrant of the metro area needs to see the benefit of any taxes collected from the state for transit purposes. Mr. McNeill stated that from the information gathered in the discussion he would like to add to the letter. Mr. McNeill said he would include the phrase; gas, diesel and alternative fuel tax. He said he would add a paragraph talking about the critical need for a new Minnesota River Crossing that would serve Shakopee, Scott County and all of the Southwestern Minnesota. Mayor Schmitt stated that he would also like included the 494/169 corridor. Menden/Joos offered Resolution No. 6577, A Resolution Requesting That The Minnesota Legislature Adopt Comprehensive Road and Transit Funding in 2007, as amended, and moved its adoption, Discussion followed. Official Proceedings of the February 6, 2007 Shakopee City Council Page -7- Cncl. Lehman asked Mr. McNeill if all five City Council members should sign the letter. Mr. McNeill stated that he would include what each member voted on the motion. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Cncl. Lehman had a question regarding Resolution No, 6572. Cncl. Lehman was questioning why the increase of 5% is the burden of the individual property owners. Mr. Loney stated that the Resolution does not include assessing sanitary sewer services because that has been eliminated from the Resolution. Mr. Loney stated that the City of Shakopee still has lower assessment rates with overlays compared to other cities. The city must assess at least 20% of the total cost in order to sell bonds. Joos/Lehman offered Resolution 6572, A Resolution Amending the Special Assessment Policy with regard to assessing improvements for street reconstruction, street overlays and sanitary sewer service lines, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked ifthere were any other concerns or business. Cncl, Joos stated he was opposed to a news report he heard of a seven County metro sales tax for a Vikings stadium. Cncl. Clay stated that the Governor is opposed to the idea and the Vikings have withdrawn that idea, MendenlLehman moved to recess for an executive session. Mr. Thomson wanted to clarify that the purpose ofthe closed session is to discuss whether the city should commence a lawsuit against Merchants Bonding Company and Ebert Construction with respect to the aquatics park building contract. It is in Mr. Thomson's opinion that he needs to discuss this with Council in closed session to cover matters protected by the Attorney/Client privilege. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Council recessed at 8:40 p.m. Mayor Schmitt moved to re-convene the meeting at 9:07 p,m. and stated that Council members discussed potential litigation and no action was taken. LehmanlJ oos moved to direct the City Attorney to commence a lawsuit against Merchants Bonding Company and Ebert Construction pertaining to the aquatic park building contract matter. Motion carried 5-0. JooslMenden moved to adjourn to Tuesday, February 20,2007, at 7:00 p.m. Motion carried 5-0. Th~d~~ded at 9:08 p.m. on February 6,2007. ~tb S. Cox, Cit Clerk Kim Weckman, Recording Secretary