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HomeMy WebLinkAbout5.F.2. Approve Minutes of December 4, 2007 5 ~ OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 2007 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Steve Menden, Matt Lehman and Terry Joos present as well as Council Member Elect, Patrick Heitzman. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; and Bruce Loney, Public Works Director/City Engineer. The Pledge of Allegiance was recited. . Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill stated there is one addition to the Consent Agenda, S.E.2.; Accept the. Kesignaton of Police Officer, John Noms, effective December 6, 2007. Mr. McNeill also stated a change to S.D.2., Vacation of Easement in Evergreen Heights. The applicant asked'that the request be withdrawn. Menden/Cla,y moved to approve the agenda as amended> Motion carried 5-0. In the Mayor's Report Mayor Schmitt stated he and Mr. McNeill attended the Metro Mayor's winter meeting. Mayor Schmitt asked if there were any additions or deletions to the £onsent Agenda. There were none. Joos/Lehman moved to ~ppro~ e'the Consent Agenda as amended. Mr. McNeill read the consent business. Motion carried 5-0. Joos/Lehman offered Resolution No. GC95, A Resolution Accepting Work on the Cemetery Access Improvements, ProjectNo. 2007-7, and moved its adoption. (Motion carried under the Consent Agenda) Joos~Lehman moved to authorize the appropriate city staff to enter into agreements to extend the current Folice Liaison and School Resource Agreements through December 31, 2008. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize entering into a use agreement with Shakopee Youth Hockey Association to operate the Olympia 2000 St-95 Ice Resurface at Lions Park Outdoor Rink through November 30, 2009. (Motion carved under the Consent Agenda) JooslLehman moved to authorize the appropriate City officials to execute the electrical inspections contract with Terry Krominga for the years 2008 and 2009. (Motion carried under the Consent Agenda) Joos/Lehman moved to accept the request to withdraw the application of Gregory McClenahan, in behalf of Evergreen Heights Townhomes Limited Partnership, for vacation of a portion of drainage and utility easement for property located on Lot 2, Block 1, Evergreen Heights. (Motion carried under the Consent Agenda) Official Proceedings of the December 4, 2007 Shakopee City Council Page -2- Joos/Lehman moved to grant full-time regular status to Police Officer, Mark Dominiak, Police Officer, T.J. Baker and Police Department Secretary, Darlene Bjerketvedt with the Shakopee Police Department. (Motion carried under the Consent Agenda) Joos/Lehman moved to accept the resignation of Police Officer John Norris effective December 6, 2007. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the bills in the amount of $646,573.86. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the minutes of November 7, 2007. ,(bi~tion-carried under the Consent Agenda) Joos/Lehman moved to direct staff to advise those individuals hose te171~s are expiring on boards and commissions (who have not served three consecutive terms) th~it tl~cy are eligible for reappointment; and, announced that the City will be advertising and accepting applications from Shakopee citizens for boards and commissions beginning in January. Applications m~v be obtained at the City offices during regular hours, can be mailed if requested, or obtained from the City's web site. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize the Cit~~~ Clerk to issue tobacco licenses for 2008. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution Number 6694, ~1 Resolution Amending Resolution No. 6538, A Resolution Adopting The 2007 Budget, and moved its adoption, (Motion carried under the Consent Agenda) Joos/Lehman offered Resohltio,l No: 6696, a Resolution Adopting a Competitive Cable Franchise Policy for the City oh Shakopee, Minnesota, and moved its adoption. (Motion carried under the Consent A~Jcnda) Joos/Lelunaii moved to call for a joint mez~ing to be held with the Telecommunications Advisory Commission and the Park and. Recreation Advisory Board to begin at 6:30 p.m. on Tuesday, January 29, 2008, to discuss telecommunications and community center issues. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience that wished to speak on a matter that was not on the agenda. No one responded. Menden/Clay moved to open the public hearing for Beckrich Park Estates and Kristal Estates Sanitary Sewer and Water Improvements, Project No. 2007-10. Cncl. Joos advised that he would be removing himself from the table because he is a resident of Beckrich Park Estates. Mayor Schmitt asked for a vote on the motion. Motion carried 4-0. Official Proceedings of the December 4, 2007 Shakopee City Council Page -3- Bruce Loney, Public Works Director, presented Council with the public hearing for the proposed improvements associated with Beckrich Park Estates and Kristal Estates sanitary sewer and water improvement project. Mr. Loney summarized the project for Council and the audience. Mr. Loney stated that staff has sent waivers of assessment agreements to all the property owners to be assessed with the project. There are 34 property owners in Beckrich Estates and one property owner for Kristal Estates. The City has received 32 of the 34 waivers for Beckrich Park Estates and the one waiver for Kristal Estates. Mr. Loney said the total project cost is $892,836.86 for installing the improvements and $276,541.80 in assessable trunk charges that the residents want to hay a assessed. Mr. Loney stated that at the November 7, 2007 meeting the City agreed to, pay foi- 70% of Hampton Circle street reconstruction. Mr. Loney stated that the assessment per lot is $29,51.4.01 which includes $8,133.58 for trunk sewer, trunk water and water connection charges. Shakopee Public Utilities has agreed~to charge this project the 2007 connection charges. Mr. Joe Adams, Planning and Engineering Director, Shakopee Public Utilities (SPU) explained that Mr. John Crooks, Water Superinten`~ent (SPU), has determined that the homeowners association's common water supply equipment is at the end of its useful life and that they are not going to utilize it. He explained that if waivers are not signed (allowing the connection charges to be assessed) SPU will not hook the properties up to the City water system, unless the connection fee is paid to SPU. Lynette Stocker, 566 Barri ~~ton Dr., and a board member of the Beckrich Park Estates homeowners association, stated thatahe homeowners association has been working on moving forward with this project for approximately seven years. Ms. Stocker stated that a majority of the homeowners are willing to move forward with the project and hopes that the City Council will approve the project. Bruce Goldberg, 436 Haiilpton Circle, stated he objects to the project. Mr. Goldberg stated he purchased his. house in September 2005. At that time it was not disclosed to him by the past homeowner nor the homeowners association that this project was a work in progress. Mr. Goldberg said that<at the time of his house closing his septic system passed inspection and has another 10 to 15 year .life span. Mr. Goldberg stated that the well system has not been properly maintained. Les Ginther, 456 Hampton Circle, stated he supports the project. Mr. Ginther stressed the importance of communication between the homeowners and the City while the project is being done. Bill Weckman, 963 Carriage Circle, also supports the project and believes there will be money saving factors if the project is done now instead of five or 10 years from now. Dave Kight, 563 Barrington Dr., voiced his concerns regarding the costs. He realizes that the cost is $30,000 over the next 10 years but wants to know what the payment process is for the Official Proceedings of the December 4, 2007 Shakopee City Council Page -4- project if a person can't come up with the money. The City Attorney, Jim Thomson, explained the process. Mr. Thomson said the City will levy the assessment and it goes on the property. It is handled like property taxes. It has to paid when the payment is due and if it's not paid foreclosure of the property would take place. Clay Kirkland, 736 Barrington Dr., stated he has been the designated water operator for the homeowners association. Mr. Kirkland stated that he has taken several classes regarding being the well operator. Mr. Kirkland stated that the wells are inspected every year and has the logs that show that both wells past all the inspections. Steve Gunter, 526 Barrington Dr., stated he also purchased his home two years ago and his septic also passed inspection at that time but was told it would need to be replaced in six to eight years. He stated that he did ask the City when water and sewer was coming' ui and was told that the Homeowners Association was looking into it. He purchased his property knowing more people would be working on it. Mr. Gunter is in favor of the project and would likerrto move ahead with it. Jodelle Kirkland, 736 Barrington Dr., said she just finished a three year term on the Association Board and one year as President. She said that the City has done a great job working with them. Ms. Kirkland did state the association has a fund that would assist homeowners in the development with non-assessable chargzs. She would like to project to proceed now versus later. Tony Stocker, 566 Barrington Dr., stated he is in favor of the pro j cct,and would like to move forward with it. He thanked the City for its participation: Menden/Clay moved to close the public hearing. Motion carried 4-0. Menden/Clay offered Resolution No. 6697, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the Becki-ich Park Estates and Kristal Estates Addition Sanitary Sewer and Water Improvements, Project No. 2007-10, and moved its adoption. Discussion fallawed, Cncl. Lehman asked if the Resolution includes a benefit appraisal. Mr. Loney stated it does not. Mr. Thomson .stated that it's not typical to do a benefit appraisal before assessments. Mr. Thomson said that because there are 33 out of 35 people waiving the assessment there is no need to do a benefif appraisal because they are waiving their right to challenge the assessments. Mr. Loney stated that there wasn't an official petition and so this would be a Council initiated project. Because there is one Council member not voting, Mr. Loney asked Mr. Thomson to explain the process. Mr. Thomson stated that the vote would have to be unanimous for the project to pass. Cncl. Lehman stated that if he were to vote against the project would the homeowners association need to work with the two properties who didn't sign the waiver. Mr. Thomson stated that if the project was not approved by the Council the homeowners association would need at least 35% of the homeowners to sign a petition. Mr. Thomson stated that assuming that the people who have currently signed the waiver would most likely sign the petition the number would be well above 35%. Official Proceedings of the December 4, 2007 Shakopee City Council Page -5- Lehman/Menden called the question. Motion carried 4-0. Mayor Schmitt asked for a vote on the motion. Motion carried 4-0 with Councilor Joos abstaining. Lehman/Menden authorized appropriate staff to execute waiver agreements with property owners on the Beckrich Park Estates Project consistent with the City's legal department. Motion carved 4-0. Menden/Lehman moved to open the public hearing for the 2008 Fee Schedule. Motion carried 5-0. Judy Cox, City Clerk, presented Council with the 2008 Fee Schedule.' Ms. Cox highlighted for Council the fee additions, increases and deletions to the 2008 Fee Schedule. Ms. Cox stated there is a correction on the table. Ms. Cox stated that the Planning Department is not recommending any changes for 2008 and the Park and Recreation Department is not recommending any changes at this time until the fee study on perk and recreation'fees has been completed by Springsted. Mayor Schmitt asked if there was anyone in the audience that wanted to speak at the public hearing. No one responded. Menden/Joos moved to close the public hearin~?. Motion carried 5-Q. Menden/Joos offered Ordinance No. 788, Fourth Series, Ali Ordinance Setting Fees for City Licenses, Permits, Services and Documents, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked for Council Liaison Reports: Cncl. Clay said the Transportation Review Board meeting was cancelled.. Cncl. A'Ienden had no report. Cnel. Joos attended the Shakopee Public Utility meetii~~. Discussed was the rate increases for next year. Cncl. Lehman had no report. Mr. Loney presented Council «~ith the 2007 Traffic Study for Alden Avenue & Mathias Road. Mr. Loney stated that a traffic study was conducted at the intersection of Alden Avenue & Mathias Road which. was petitioned for afour-way stop. Mr. Loney said from the analysis, the intersection does not meet warrants for stop signs and thus no change in signage is recommended. Mr. Loney said the intersection met one of the five warrant criteria established for an all way stop. Clay/Joos moved to accept the report for the traffic studies in 2007 (for Alden Avenue and Mathias Road) and accept the recommendations of the City Engineer that no further signage be installed. (The intersection does not meet the required 3 of 5 criteria.) Motion carried 5-0. Mark McNeill, City Administrator, stated that prior to this year a snowmobile trail had been located on the north side of Eagle Creek Boulevard (between Vierling Drive and CR-83). City staff requested that the snowmobile club move their trail from the north side because it was operated on a public sidewalk which is illegal. Official Proceedings of the December 4, 2007 Shakopee City Council Page -6- Mr. McNeill said the City received a letter from Kathy Vargo regarding the snowmobile trail problems on Eagle Creek Blvd. Mr. McNeill said the City, County staff and members of the snowmobile club have attempted to address this issue, without apparent success. Kathy Vargo, 1401 Tyron Dr., who is representing herself and neighbors, read a prepared statement regarding disapproval of the trail being relocated on the south side of Eagle Creek Blvd. without any notification. Ms. Vargo said the snowmobiles create noise and are a nuisance especially after dark, and are not safe to the area, The 15 mph is not adhered to. Capt. Jeff Tate of the Shakopee Police Department addressed Council. ,Capt. Tate said that the city code prohibits snowmobile on sidewalks on the north side of Eagle Creek Boulevard. Capt. Tate explained that snowmobile complaints are typically not related`to the snowmobile trails. Capt. Tate said the enforcement of snowmobile offenders is limited. Capt. Tate said he does not recommend banning snowmobiling in the city limits. Kim Werkmiester, 1775 157th St., stated he is a memberof the River Valley Trail Blazers snowmobile club and the lead safety instructor for the club. Mr. Werkmiester sutnrnarized how the trail system works. Mr. Werkmiester said with regard to the trail on Eagle Creek'Blvd., there is no other alternative for the trail accept for where it is' now. Mr. VV'~rkmiester stated that the snowmobile club offered to put up fencing to keep people off of the Vargo's property but they declined. Dave Hasbrouck, 2104 Greenway Ave., stated he is the club president of the River Valley Trail Blazers. Mr. Hasbrouck said he met with the owner of the Montessori School located on Eagle Creek Blvd. After much discussion, the snowmobile club agreed to move that portion of the trail back to the north side of Eagle Creek Blvd. Menden/Lehman moved to direct staff to work with the residents and the snowmobile club regarding signage, miles per,hour, snow fencing and enforcement. Discussion followed. Cncl. Lehman'would also like staff to look at the feasibility for keeping the trail system on Eagle Creek Blvd. on one side or he other.%;> Mayor Schmitt asked for a vole. on the tliotion. Motion carried 5-0. Lehman/Mend~n moved to recesses for a break. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:15 p.m. Jamie Polley, Parks, Recreation & Natural Resources Director, presented Council with the 2008- 2012 Park Reserve CII'. Ms. Polley stated that The Park and Recreation Advisory Board (PRAB~ has reprioritized and recommends that the City Council review and accept the 2008-20012 CIP and consider the current Parks and Recreation Department staffing levels for FY-08. Ms. Polley outlined for Council what the PRAB discussed and prioritized at their meeting. The PRAB is anticipating $911,900 in revenue for 2008. The total expenditure for 2008 is expected Official Proceedings of the December 4, 2007 Shakopee City Council Page -I- to be $793,000, which includes the inter-fund loan payback for Huber Park, for a park reserve balance on 12-31-07 of $229,564. Ms. Polley said in reviewing the prioritized 2008-2012 CIP and assuming the indicated park dedication fees are received, there are two to three large projects within the park system each year through 2010. The PRAB will be looking at and would like the City Council to look at other resources if park dedication does not continue to receive dollars. Also, funds will be needed for maintenance of existing parks. Discussion followed. Ms. Polley also said the PRAB would like to keep the Landscape Archifect/Park Designer position which was recommended to be funded for only six months in 2008.: Ms. Polley outlined the most effective and efficient use of the Landscape Archtect!1'ark Designer's talents and time and summarized her job duties for Council. Ms. Polley stated that the park reserve fund balance is lower than in years past; however, the tasks have been reprioritized to provide staff with a solid workload through 201:0. The funding is available to complete parks that are currently being constructed,. complete schematic designs for priority parks, update the park signage, promote the park naming.program, provide expertise on development reviews, and assist with other city projects-.that would''otherwise behired out for landscaping assistance. The PRAB is recommending Council; approve the updated 2008-2012 Park Reserve CIP and provide a full yea s funding for aLandscape Architect/Park Designer position. Discussion followed. C1aylMenden moved to accept the reprioritized ? ~0g-20S2~Park Reserve CIP. Motion carried 5- 0. Ms. Polley will come back to Council on December 18, 2007 and identify sources to fund the Landscape ArchitectlPark'Dwigner position for and additional six months, through all of 2008. Gregg Voxland, Finance Director, stated that staff is seeking direction from Council on charging staff time to-the Par1c Reserve Fund> Mr. Voxland stated that currently staff time is charged to park projects at 1.3 times the wage. Engineering time is charged to projects at 2.5 times the wage. Staff recommends using 2.0 as staff time multipliers for all staff time. Mr. Voxland said that Park reserve has always had limited funding versus desired park projects. Charging more staff time:makes that situation worse. Mr. Voxland wants to know when Council would like staff to start charging the Park Reserve Fund. A majority of the Council chose to start charging time at the concept layout phase of the project and at a multiplier of 2.0. Mr. Voxland then asked Council who should charge time to the Park Reserve Fund once the concept layout phase of the project has begun outside of the Park and Recreation Department. Council agreed that anyone involved in the project should charge time to the Park Reserve Fund; however, contract management should be charged as overhead. Ms. Cox presented Council with the Alleged Tobacco Violations that occurred during a compliance check on August 8, 2007. Official Proceedings of the December 4, 2007 Shakopee City Council Page -8- Ms. Cox stated that notices were sent to Twin Cities Stores Inc., Holiday Stationstores Inc., and Valley Liquor, Inc. concerning their alleged violation of selling tobacco products to a minor. Ms. Cox stated that the City received an acknowledgment and an admission of violation from Twin Cities Stores, Inc., and Holiday Stationstores. Ms. Cox stated that she spoke to Mr. Bernstein of Valley Liquor who told Ms. Cox he has every intention of paying the penalty but would like to speak to the City Council. Ms. Cox stated that Mr. Bernstein is not present at the meeting. JooslLehman moved to impose penalty on Valley Liquor, Inc., 1102 Shakopee Town Square, for the first violation, for the sale of tobacco to a minor, in the amount of $200.00 and a suspension of the tobacco license for two days beginning at 12:01 a.m. on December 14, 2007 and ending at 12:00 midnight on December 15, 2007. Motion carried 5-0. Joos/Lehman moved to acknowledge receipt of the "Waiver and Admissioai'of Violation" from Twin Cities Stores, Inc., dba Oasis Market #528, 615 South Marschall Road, for the sale of tobacco to a minor and impose a penalty for the first violation in the amount of $200.00 and a suspension of the tobacco license for two days, beginning at 12:01 a.m. on December 14, 2007 and ending at 12:00 midnight on December 15, 2007. Motion carried 5-0. Joos/Lehman moved to acknowledge receipt of the "Waiver and Admission of Violation" from Holiday Station Stores Inc., dba Holiday Stationstore #250, 1381 Greenwood Court, for the sale of tobacco to a minor and impose a penalty for the first: violation in the amount of $200.00 and a suspension of the tobacco license for two days, beginning at-.,12:01 am. on December 14, 2007 and ending at 12:00 midnight_on December 15„.2007. Motion carried 5-0. Mayor Schmitt stated that the last item on the agenda, Update on SMSC Land Holdings in Shakopee, will be discussed at the December 18, 2007. meeting. Mayor Schmitt asked if there were any Council concerns. Cncl. Menden stated that the street lights were out on First Avenue the.. night before: Cncl. Lehman stated that the lights were out through the whole center of tow~7. LehmarvJoos moved to adjourn to Tuesday, December 18, 2007 at 7:OOp.m. Motion carried 5-0. The meeting was ..adjourned at 10:28 p.m. h, uoYn7~t.~ . J dith S. Cox ity Clerk I~im Weckman Recording Secretary