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HomeMy WebLinkAbout5.F.2. Approval of Minutes: March 18, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 18, 2008 Mayor Schmitt called the meeting to order at 8:15 p.m. with Council members Steve Clay, Pat Heitzman, Matt Lehman, and Terry Joos present. 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; Bruce Loney, Public . Works Director /City Engineer; Gregg V oxland, Finance Director; Dan Hughes, Chief of Police; . and Ryan Hughes, Natural Resources Coordinator. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill asked to delete 13.C.1, Support for State of Minnesota $1,000,000 Bonding for SCALE Joint Regional Public Safety Training Facility - Resolution No. 6746. Joos/Clay moved to approve the agenda as amended. Motion carried 5-0. Mayor Schmitt introduced Shakopee High School Senior, Jessica Laeger, who is participating in the Council meeting. Mayor Schmitt stated that Ms. Laeger is taking a course on democracy, and is writing a paper about political experiences. Mayor Schmitt presented a plaque to Arvid Sornberger for his years of service on the Park and Recreation Advisory Board. Mayor Schmitt asked ifthere were any additions or deletions to the Consent Agenda. Cncl. Lehman asked to remove 5.D.2, Amendment to City Code Sec. 11.60, Subd.9, Woodland Management Regulations, Ordinance No. 791. Cncl. Joos asked to remove 5.B.4, Purchase of Air Compressor for Park Division. Lehman/Clay moved to approve the Consent Agenda as modified. Mr. McNeill read the consent business. Motion carried 5-0. Lehman/Clay offered Resolution No. 6745, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2008 Cured-In-Place-Pipe Project, Project No. 2008-3, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6742, A Resolution Establishing Municipal State Aid Streets, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay moved to authorize staff to purchase a new Ford F350 4x4 with snow plow from Elk River Ford for the purchase price of $32,095.94 using State Bid Pricing with the funds to be expended from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda) Lehman/Clay moved to approve and au!horize the appropriate city officials to enter into a Cleaning Contract with Plymouth Ridge, Inc. d/b/a Coverall Cleaning Concepts until December Official Proceedings of the Shakopee City Council March 18, 2008 Page -2- 31,2008 for Lions, Memorial, Hiawatha, Tahpah, Holmes, Huber, Scenic Heights Parks and the Soccer Complex at 1 ih Ave. East. (Motion carried under the Consent Agenda) Lehman/Clay moved to declare the 1989 Cat Road Grader as surplus property and authorize staff to enter into a sales contract with Ziegler to sell it on consignment. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6744, A Resolution Requesting the Commissioner of Transportation to Conduct a Speed Zone Investigation on Eagle Creek Boulevard (formerly C.R. 16), from CSAH 17 to CSAH 83, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay moved to declare the 1988 Dodge Dakota, VIN: IB7GR14X3JS609073, the 1995 Chevrolet Monte Carlo, VIN: 2GIWX12X5S9104944, the 1996 Nissan Altima, VIN: IN4BU31DOTC130627, and the 2003 Nissan Sentra, VIN: 3NICB51DX3L787877 as surplus property. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6741, A Resolution Accepting the Construction of Park Improvements for the Church Addition Development and Authorizing the Release of the Letter of Credit, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay moved to accept, with regret, the resignation of Chad Lunder from his position as Building Inspector, effective March 21,2008. (Motion carried under the Consent Agenda) Lehman/Clay offered resolution No. 674, A Resolution Adopting a Revised Section 125 Cafeteria Plan for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay moved to grant full-time regular status to Michelle Herrera as a Police Records Technician. (Motion carried under the Consent Agenda) Lehman/Clay moved to authorize the promotion of Officer John Buetow to the position of Sergeant effective March 31, 2008, at wage step 3 ofthe current labor contract, and subject to a six-month probationary period. (Motion carried under the Consent Agenda) Lehman Clay moved to approve the bills in the amount of $628,340.46. (Motion carried under the Consent Agenda) Lehman/Clay moved to approve the minutes of February 19, 2008. (Motion carried under the Consent Agenda) Lehman/Clay moved to approve: . the transfer of$88,912.48 from the Capital Improvement fund to the 1995A Debt Service fund in order to close the debt service fund. . to transfer $430,046.83 from the Public Works Building Capital Improvement fund to the 2004D Debt Service fund in order to close the capital projects fund. . to transfer $ 92,260.64 from the West Deans Lake Capital Improvement fund to the 2004D Debt Service fund in order to close the capital projects fund. (Motion carried under the Consent Agenda) Official Proceedings of the Shakopee City Council March 18, 2008 Page -3- Lehman/Clay moved to authorize the appropriate officials to enter into a contract renewal with Access Communications, for maintenance and locate services on the joint City-County-School District I-Net. (Motion carried under the Consent Agenda) Lehman/Clay moved to authorize the appropriate officials to enter into a Memorandum of Understanding with Scott County for use of the County's optical fiber network. (Motion carried under the Consent Agenda) Lehman/Clay moved to direct staff to research solutions for noise and sunlight issues at the Shakopee Library. (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. Harold Schmidt, 329 Adams St., Shakopee, addressed the Council with his concerns regarding the truck traffic on Adams St. to the Koda Energy construction site at Rahr Malting. Mr. Schmidt stated that daily there are semi trucks using Adams Street to access the Koda Energy construction site. Mr. Schmidt said the truck traffic creates unnecessary noise from their braking down the hill. Mr. Schmidt is also concerned about what the truck traffic is doing to the life expectancy of Adams Street. Bruce Loney, Public Works Director/City Engineer, stated that he has discussed this issue with the Construction Project Manager and the Contractor three times regarding the use of Adams Street. Mr. Loney advised them not to use Adams Street but to use Third Avenue to access the construction site. Mayor Schmitt asked if the City could post a No Truck Route sign on Adams Street. Mr. Loney stated that the City could do that but it would need to be enforced by law enforcement officials. Police Chief Dan Hughes asked Council to direct staff to work together with Mr. Schmidt to develop a plan within the next week to address the issue with Rahr Malting. Lehman/Joos moved to direct staff to come up with a plan to address the truck traffic on Adams Street to the Koda Energy Construction site, which may include blocking or signing Adams Street. Discussion followed. Cncl. Joos stated that he is concerned with the non-compliance of truck traffic in the City whenever there is a major project being conducted. Mr. Joos would like to see more enforcement but would also like the City to have a penalty that makes them comply. Cncl. J oos also stated that this issue was discussed when the permission was granted to construct Koda Energy. Cncl. Lehman asked if there are any statements in the Conditional Use Permit regarding the route to use to access the construction site. Official Proceedings of the Shakopee City Council March 18,2008 Page -4- Michael Leek, Community Development Director, stated that there is a condition in the Resolution that addresses the truck route to be used to the site. Cncl. Lehman asked that Rahr Malting be notified that they are in violation of their Conditional Use Permit. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Mayor Schmitt asked to discuss items removed from the Consent Agenda. Cncl. .Toos said that he asked for item 5.BA to be removed from the consent agenda because he feels that the purchase of an air compressor for seasonal use may not be a wise decision in light of the budget issues the City is facing. He would like to see the purchase put off for another year. Mr. Loney stated that the item was already approved for the 2008 budget because of the amount of irrigation systems the City has and felt it was cost effective to purchase one. Mr. Loney asked if he could bring back to Council some figures for renting verses purchasing one air compressor and continuing to borrow a second air compressor from Shakopee Public Utilities. Clay/Heitzman moved to table the purchase of an air compressor from Aspen Equipment Co. to the next meeting. Motion carried 5-0. Cncl. Lehman asked that item 5.D.2 regarding woodland management regulations be removed from the consent agenda and identified his concerns with it. Cncl. Lehman sited a few examples where he thought that the tree management regulations, requiring the replacement of trees, should not be required. Ryan Hughes, Natural Resources Coordinator, responded to Cncl. Lehman's examples and explained that they are exceptions and would not be governed by the new regulations in the revised ordinance. Mr. Hughes explained that the tree management regulations only apply to preliminary plats, minor subdivisions, building permits, conditional use permits, variances, fence permits or grading permits on land containing a tree. Cncl. Lehman said the amended ordinance is not very clear to the average person. Cncl. Lehman offered to meet with Mr. Hughes to discuss rewording the ordinance to be clearer. Lehman/Heitzman moved to table the text amendment to the woodland management regulations. Motion carried 5-0. Mayor Schmitt asked for Liaison reports. Cncl. Clay had nothing to report. Cncl. Heitzman said he attended the Historic Preservation Commission's open-house. Cncl. Heitzman said that there were approximately 40 people in attendance with a positive outcome. Cncl. .Toos attended the Shakopee Public Utility meeting with nothing new to report. Cncl. Lehman attended the police department Master Planning Task Force meeting. .Toos/Heitzman moved to recess for the Economic Development Authority meeting. Motion carried 5-0. Official Proceedings of the Shakopee City Council March 18, 2008 Page -5- Mayor Schmitt re-convened the meeting at 9: 1 0 p.m. Mr. Leek presented Council with the request from Tollefson Development, Inc. for the rezoning of property from Planned Residential District (PRD) to Neighborhood Commercial (NC) Zone. Mr. Leek stated that Tollefson Development, Inc. has made application for the rezoning of property located south ofCSAH 16 and east ofCSAH 83. Mr. Leek said the PRD zoning district allows the development of Neighborhood Commercial (NC) zone used with the approval of a Conditional Use Permit (CUP). Mr. Leek stated that when the Church Addition was initially developed, the applicant reserved a six acre parcel for neighborhood commercial development. The applicant is now requesting that the parcel be rezoned to Neighborhood Commercial. Under the Neighborhood Commercial zone, a CUP would not be required for all uses. Joos/Clay moved to direct staff to prepare a resolution for denial of the request from Tollefson Development Inc. to rezone property within the Church Addition from Planned Residential District (PRD) to Neighborhood Commercial (NC) zone. Motion carried 4-1 with Mayor Schmitt dissenting. Mr. Leek presented Council with the Text Amendment Regarding Residential Zoning Districts. Mr. Leek stated that the intent of the amendment is to eliminate redundant references in the residential zoning districts and to provide additional clarity of permitted and conditional uses. Joos/Lehman offered Ordinance No. 793, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending City Code to Address Residential Zoning Districts, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked ifthere was any other business or concerns. Cncl. Lehman discussed the graffiti on a new building down town. Cncl. Joos wanted to thank everyone involved in the Shakopee Showcase for the great turnout. Joos/Heitzman moved to adjourn. Motion carried 5-0. The meeting was adjourned at 9:23 p.m. ~ d. 0/- 1J:ith S. Cox City Clerk Kim Weckman Recording Secretary