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HomeMy WebLinkAbout5.F.2. Approval of Minutes: February 19, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ~ ~ ~ , ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 19, 2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; and Jamie Polley, Park, Recreation and Natural Resources Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill stated that 4.A., Certificate of Recognition for Representative Mike Beard for Support of Transit will be deferred to the next meeting because he was unable to attend the meeting. Joos/Heitzman moved to approve the agenda as amended. Motion carried 5-0. Mayor Schmitt said there was nothing to report for the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Clay asked to remove S.F.4, First March Meeting Date Change. Cncl. Lehman asked to remove S.F.S, Appointments to Boards and Commissions -Res. No. 6731, and S.B.2, Park Naming Request for Providence-Westchester Park. Clay/Joos moved to approve the Consent Agenda as amended. Mr. McNeill read the consent business. Clay/Joos moved to accept, with regrets, the resignation of Karyn Islam from the Environmental Advisory Committee, to thank her for the contributions she has made for the residents of Shakopee and begin the process to fill the vacant position. (Motion carried under the Consent Agenda) Clay/Joos offered and approved a motion approving a $1,000.00 donation to the MN 150tH (Motion carried under the Consent Agenda) Clay/Joos offered Resolution No. 6732, A Resolution Accepting Work on the 2006 Street Reconstruction and Tahpah Park Redevelopment, Project No. 2006-2, and moved its adoption. (Motion carved under the Consent Agenda) Clay/Joos moved to accept, with regret, the resignation of Donna Hyatt from her position as a Police Records Specialist, and offered Resolution No. 6733, A Resolution of Appreciation to Donna Hyatt, and moved its adoption. (Motion carried under the Consent Agenda) Clay/Joos moved to grant Karen Macklin full-time, regular status as an Accounting Clerk II in the Finance Department. (Motion carried under the Consent Agenda) --Clay/Joos offered Resolution 6730, A Resolution Adopting a Payroll Policy for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the February 19, 2008. Shakopee City Council Page -2- Clay/loos offered Resolution No. 6734, A Resolution Amending the 2008 Pay Plan for Part- time, Temporary, and Seasonal Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Clay/Joos moved to approve the bills in the amount of $731,748.79. (Motion carried under the Consent Agenda) Clay/Joos moved to approve the minutes of January 22, 2008 and January 29, 2008. (Motion carried under the Consent Agenda) Clay/Joos moved to approve the application and grant a Tattoo License to Alan Lindback, Body Art, 205 South Lewis Street. (Motion carried under the Consent Agenda) Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. 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. Joos/Lehman moved to open the public hearing on the proposed 2008 bituminous overlay. Motion carried 5-0. Jeff Weyandt, Assistant City Engineer, presented Council with the 2008 Bituminous Overlay, Project No. 2008-2. Mr. Weyandt stated that a feasibility report was created to analyze a bituminous overlay of various streets throughout the City.. Mr. Weyandt stated that the total estimated project cost for this project is $1,153,004.00. 30% of the street improvements ($333,463.00) will be assessed to the benefiting properties. The remaining costs ($819,581.00) associated with the improvements will be paid from the tax levy, Union Pacific Railroad and State Aid Funds. Mr. Weyandt stated that the residential area will be assessed on a unit basis with each unit paying ~n estimated $608.45. Non-residential will be assessed an equivalent unit rate. The industrial area will be charged at a front foot rate of $7.90. Mayor Schmitt asked if anyone from the audience wished to speak on the matter. Mr. Jack Brambilla of Brambilla Inc, 550 Valley Park Drive, addressed Council with his concern about the assessment. Mr. Brambilla stated last year he was assessed for the work done on Industrial Blvd. and now he's being assessed for work that needs to be done on Valley Park Drive and Citation Drive. Mr. Brambilla stated he feels his property taxes are too high and doesn't feel it's right to be assessed for the road improvements. Bruce Loney, Public Works Director/Engineer, explained the street overlay program and the reasoning behind having the program. Official Proceedings of the February 19, 2008 Shakopee City Council Page -3- Rich Bierlein, 1183 Sapphire Lane, stated his concern about the aesthetic look of the neighborhood and would like to see all of Sapphire Lane receive the bituminous overlay and not just part of it as what the plans show. Mr. Weyandt stated that not all of Sapphire Lane will be included in the project because the project stops at the plat line. The rest of Sapphire Lane was constructed later and is not in need of the bituminous overlay. Mark Menden, 2521 Emerald Lane, feels his road looks fine and doesn't see the need for the street to be resurfaced. Mr. Menden also stated he never received a letter from the City regarding the project. Mr. Loney stated the hearing tonight is to see if the project should go forward. If the project is approved to move forward residents will then receive another notice for an assessment hearing. Brian Doze, 1286 Limestone, has a concern about construction equipment from the townhouse project on Vierling driving on roads in the neighborhood that will be resurfaced. Mr. Doze is also concerned about the economy and fact that the residents are being assessed 30% of the project. Joos/Clay moved to close the public hearing. Motion carried 5-0. Joos/Clay offered Resolution No. 6727, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the 2008 Bituminous Overlay, Project No. 2008-2, and moved its adoption. Discussion followed. Cncl. Lehman would like to see Sapphire Lane overlaid to the intersection of Granite if there is a concrete pan at the intersection. .Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Clay/Joos moved to open the public hearing on the proposed 2008 street improvements. Motion carried 5-0. Mr. Weyandt presented Council with the 2008 Street Improvements, Project No. 2008-1. Mr. Weyandt stated a feasibility study was created for the 2008 Street Improvement Project. Mr. Weyandt said the total project cost is $709,003.00. 30% of the street improvements ($210,164.00) will be assessed to the benefiting properties. The remaining costs ($498,839.00) associated with the improvements will be paid from tax levy and the Storm Sewer Fund. Mayor Schmitt asked if anyone in the audience wished to speak at the public hearing. Richard Anderson, 1621 E. Shakopee Ave., stated he owns one lot on the corner of Wood Duck Trail and Lake Drive which is one of the project roads. Mr. Anderson is wondering if he would be assessed for both roads. Mr. Weyandt stated he would need to check into the question and get back to Mr. Anderson. Joos/Heitzman moved to close the public hearing. Motion carried 5-0. Official Proceedings of the February 19, 2008 Shakopee City Council Page -4- Joos/Heitzman offered Resolution No. 6728, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the 2008 Street Improvements, Project No. 2008-1, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked to discuss items removed items from the Consent Agenda. Cncl. Lehman stated he asked to remove S.B.2 because he would like a copy of the Park Naming Plan policy. Mr. McNeill stated he would email Cncl. Lehman the policy. Lehman/Clay moved to table action on the Providence-Westchester Neighborhood Park naming and to direct staff to return to the Park and Recreation Advisory Board for further discussion of the naming policy in relation to naming in honor of a person. Motion carried 5-0. Cncl. Clay stated he asked to remove S.F.4 for discussion because he would not be able to attend the first half of the rescheduled Council meeting. He asked if the meeting could be changed to a different date. After discussion, it was decided to keep the meeting on March 5, 2008 but Cncl. Clay would be late. Lehman/Joos offered Resolution No. 6731, changing the March 4, 2008 Council Meeting date to Wednesday, March 5, 2008, and moved its adoption. Motion carried 5-0. Cncl. Lehman stated he asked to remove S.F.S for discussion because the way the memo was written it looked as if Cncl. Joos, Cncl. Heitzman, and Mayor Schmitt were all a part of the interview panel which is a conflict with the public meeting law. Cncl. Lehman stated that in the future staff needs to state more clearly in their memos who conducted what interviews and when. Cncl. Lehman also questioned how many consecutive terms people can serve on boards and commissions. Mr. McNeill stated he would need to research the question and get back to Cncl. Lehman. Lehman/Heitzman offered Resolution No. 6729, A Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked for Council Liaison reports. Cncl. Clay and Heitzman had nothing to report. Cncl. Joos attended the Shakopee Public Utility Meeting. Discussed at that meeting were a few water and power outages. Cncl. Joos stated they were also presented with the SPUC organizational chart. Cncl. Lehman stated he received a call from a community group regarding the 169 river crossing expressing opposition to the easterly alignment that the City favors. Cncl. Lehman was also contacted by a local Giri Scout group looking for projects to earn badges. Cncl. Lehman suggested adopting a park. Jamie Polly, Parks, Recreation & Natural Resources Director, and Travis Karlen, Recreation Supervisor, presented Council with the Aquatic Park Water Slide Final Plans and Authorization to Advertise for Bids, Project No. PR2008-1. Ms. Polley stated that project is to replace the water slide at the Shakopee Aquatic Park. She also said the Public Works department will assist with the demolition of the current water slide. Official Proceedings of the February 19, 2008 Shakopee City Council Page -5- Funding for the remaining demolition work and the construction for the new water slide will be taken from the Capital Improvement Program. Ms. Polley said there was one remaining item to complete from the Aquatic Park Support Building project of 2007 and that is to install shade structures along the beach. The funding for the shade structures will be taken from the existing funds from the Aquatic Park Support Building project. Ms. Polley stated that the cost estimate for the project is $388,415.00. Cncl. Lehman stated that Gregg Voxland, Finance Director, stated in a previous meeting that the construction of a new water slide would have an impact on the 2009 budget. He asked Mr. Voxland to expand on his comment. Mr. Voxland said the rent comes out of the recreation operating fund and a new water slide would increase the recreation fund budget which would increase the subsidy transfer from the general fund. Mayor Schmitt stated he would like to see a cost and income justification before a decision is made due to the current economic situation. Mr. McNeill stated that he feels that there would only be a "best guess" estimate in terms of what the revenue from the pool might be. Cncl. Joos said that the water slide is a vital part of the aquatic park and feels that if it's not built revenue would be lost. Clay/Joos moved to approve the plans and advertise for bids for construction of a new aquatic park water slide. Also, direct staff to gather as much information as they can to have something in writing with .estimates as to the financial impact of paying the fund back. As well, estimates on increases or decreases in revenue with the slide and without the slide. Motion carried 5-0. Ms. Polley presented Council with the Parks and Recreation Fee Study Work Session. . Ms. Polley stated that Council is being asked to set a joint work session with the Park and Recreation Advisory Board (PRAB) to review the draft report of the Park and Recreation Fee Study or to defer the work session to the PRAB. Ms. Polley said that Springsted is currently completing the draft report. As part of their contract they will present the findings in the draft report in a work session with Council and the PRAB. If Council chooses to be present to review the draft with the PRAB a joint meeting needs to be scheduled for March 10`h. If Council does not wish to be present, a final presentation by Springsted will occur at a regular City Council meeting on April lsc Clay/Joos moved to defer the review of the draft Park and Recreation Fee Study report to the PRAB, and hear the final report on April 1, 2008. Discussion followed. Cncl. Lehman asked that the draft fee study be sent to all Council members electronically through e-mail. Mr. McNeill stated he would send the draft fee study via e-mail. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Lehman/Heitzman moved to take a seven minute break. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:15 p.m. Official Proceedings of the February l9, 2008 Shakopee City Council Page -6- R. Michael Leek, Community Development Director, presented Council with the Selection of City Entrance Monument Sites and Direction Regarding Further Engineering and Design. Mr. Leek stated that Council is being asked to determine what two sites it would select for the first City Entrance monuments, and provide direction regarding whether to proceed with site specification design and engineering. Mr. Leek provided a map with several options for the monument sites. Council ultimately agreed to a site on the north side of CSAH 101 near the old MN/DOT mile point #2 (where 169 exits onto CSAH 101). The second site chosen is on the west side of CSAH 101 north of the Minnesota River. It was also the general consensus of Council to proceed with further engineering and design for those sites. Mr. Leek presented Council with the Proposal for City Oversight of Outdoor Smoking Areas. Mr. Leek said the "Freedom to Breathe" law that went into effect on May 16, 2007 prohibits smoking in indoor areas and provides a specific definition of indoor areas. Mr. Leek said that since the law went into effect, bar and restaurant owners in the City have established or are considering establishing outdoor smoking areas which do not meet fire or building codes. Mr. Leek stated that Council is being asked to provide direction to staff on whether or not to proceed with a permitting and review process for "outdoor smoking areas". After discussing the issue, Council agreed that the City should not take action to implement an outdoor smoking area ordinance amendment. No motion was required. Staff was directed to provide information to businesses affected by the law about current fire and building code . requirements. Gregg Voxland, Finance Director, presented Council with the 2008 General Fund Budget. Mr. Voxland said that from the February 11, 2008 meeting staff understands the need to under spend the 2008 budget in total by 4%. Mr. Voxland asked Council if they would like staff to ensure that the budget is under-spent by 4% or to direct staff to prepare a budget amendment to reduce appropriations by 4%. After discussion, it was the consensus of the Council to direct staff to ensure that the budget is under-spent by 4% and to move ahead with filling the Fire Chief's position and the two new police officer positions. Any vacancies that occur should be brought to the Council for direction before starting any hiring process. Joos/Lehman moved to adjourn to Monday, March 5, 2008 at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 10:05 p.m. Judith S. Cox, City Clerk Kim Weckman, Recording Secretary