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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 17, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 17, 2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Pat Heitzman, Matt Lehman, Terry Joos and Steve Clay. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Engineering/Public Works Director; Jeff Tate, Police Captain; Jamie Polley, Parks, Recreation, and Natural Resources Director; and Tom PitscOOeider, Fire Inspector. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill stated that there are no changes to the agenda. Joos/Heitzman moved to approve the agenda as amended. Motion carried 5-0. In the Mayor's Report Mayor Schmitt said on June 19th thru June 21st there is a mobile Vietnam Memorial at Canterbury Park. Mark Spanton of CenterPoint Energy presented the Council and Police Department with a donation of $2,400 for the purchase of new defibrillators. Joos/Clay offered Resolution No. 6784, a Resolution ofthe City of Shakopee, Minnesota, Accepting $2,400 from CenterPoint Energy, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Cncl. Lehman asked to remove item 5.C.l, Updating City Code Chapter 4 Regarding Applicable Building and Fire Codes-Ordinance No. 800. Cnd. Clay asked to remove 5.B.l, Surplus Property - Pool Slide Pump. Lehman/Heitzmanmoved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda. Motion carried 5-0. Lehman/Heitzman moved to authorize staff to contract with Visu-Sewer Clean & Seal, Inc. for the television inspection of 60,000 linear feet of sanitary sewer main at a cost of $0.38 per linear foot with funding to be expended from the Sanitary Sewer Fund. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate City officials to execute the agreement between Scott County and the City of Shakopee for a traffic control signal system at the intersection ofCSAH 16 and County Road 79. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize City officials to execute and extension agreement with WSB & Associates, Inc. to provide engineering services for the CSAH 18 Trail Extension. (Motion carried under the Consent Agenda) Official Proceedings of the June 17, 2008 Shakopee City Council Page -2- Lehman/Heitzman moved to approve the bills in the amount of $909,531.55 (Motion carried under the Consent Agenda) The list of bills is posted on the bulletin board at city hall. Lehman/Heitzman moved to approve the minutes of May 20, 2008. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application and grant an off sale liquor license to James Richard Duerr dba' Shakopee Wine Cellars, 4041 Dean Lakes Boulevard, conditioned upon compliance with all licensing requirements. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6785, A Resolution Accepting a Donation of $2,600 from the Shakopee Downtown Partner~hipfor Flower Baskets and Gator Replacement, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize sidewalk sales to be held in conjunction with Derby Days July 31-August 2nd, for the 100 blocks of Lewis and Holmes Street, First Avenue from Holmes to Sommerville Street, and 238 South Lewis Street. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to be heard on a subject that was not on the agenda. No one responded. Mayor Schmitt asked to discuss items removed from the Consent Agenda. Cncl. Clay stated he asked for the removal of 5 .B.l, Surplus Property - Pool Pump because he was wondering if the pump would have any future use ifShakopee should experience flooding problems. Jamie Polley, Park & Recreation Director, stated that the pump, which is worth approximately $500.00, is quite old and would need approximately $250 worth of repairs done to it. Cncl. Clay asked that another estimate of value be obtained to estimate what the pump is worth~ Ms. Polley said she would obtain another estimate and bring back the information to the next Council meeting. Lehman/Clay moved to table declaring the pool pump as surplus property to the next meeting. Motion carried 5-0. Cncl. Lehman asked to discuss 5.C.l, Text Amendment Updating City Code Chapter 4 Regarding Applicable Building and Fire Codes. Cncl. Lehman questioned what part ofthe amendment 1306.0010, "This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code." is optional. Mr. Leek stated that the adoptions of the provision themselves are optional and not required by the state building code. Once adopted the subpart ofthe state regulations becomes a part ofthe City code and the City is liable to enforce it. Official Proceedings of the June 17, 2008 Shakopee City Council Page -3- Tom PitscOOeider, Fire Inspector, stated that the state building code and their amendments are called a mini-maxi code. The City can not be more or less restrictive than the code and its amendments. Whatever the City adopts is the base-line that the City has to work from. Mayor Schmitt clarified that, if a building less than 2,000 square feet wanted to add additional square footage to their business resulting in more than 2,000 square feet in total, they would need to add a sprinkler system to the property in order to comply with the City Code. Mr. PitscOOeider stated that was correct. Cncl. Lehman asked Mr. PitscOOeider ifhe had a list of businesses this amendment may affect. Mr. Pitschneider stated that he did not. Joos/Clay offer&:l Ordinance No. 800, Fourth Series, An Ordinance of the City of Shakopee, Minnesota Adopting the Minnesota State Building Code, and moved its adoption. Discussion followed. - Cncl. Lehman asked for examples of costs for fire pressure to a business on 1 st A venue for fire suppression system. LehmanlHeitzman moved to table Ordinance No. 800 and directed staff to research the cost of fire suppression in both the old and new sections of Shakopee in terms of water supply and insurance differential costs. Motion carried 5-0. Mayor Schmitt asked for liaison reports. Cncl. Clay and Cncl. Heitzman had nothing to report. Cncl. Joos attended the SPUC meeting. Cncl. Joos was told at that meeting that D.R. Horton has pulled out oftheir Bluff's of Marystown project. Cncl. Joos also attended a group meeting with regard to Lost Harbor and issues were resolved. Cncl. Lehman attended the 169 Corridor meeting, the last meeting of the Police Master Planning Task Force, and the Lost Harbor meeting. Lehman/Clay moved to recess for an Economic Development Authority Meeting. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:45 p.m. Mr. McNeill, City Administrator, presented Council with Derby Days issues. Because the venue for a variety of Derby Day's events are being moved to Huber Park, the Derby Day's committee has been working with the Park and Recreation Department on the move. Mr. McNeill stated that the Derby Day's Committee is asking Council for a variety of approvals because ofthe venue change. . Mr. McNeill stated that the Shakopee Jaycee's are looking for Council to approve a beer garden in Huber Park during the Derby Day's celebration and restrict beer possession and consumption to the beer garden. Mr. McNeill stated that the City Code does not allow unsealed alcoholic beverages in parks unless its 3.2 beer and it's being consumed in a picnic grandstand or shelter area. Mr. Jim Thomson, City Attorney, stated that the City would need to amend the City Code with a provision to not allow consumption outside the beer garden during the Derby Day's event. Official Proceedings of the June 17,2008 Shakopee City Council Page -4- Jack McGovern, Co-Chair of Derby Days, addressed Council regarding the beer sales. Mr. McGovern stated that the Jaycees are concerned about the liability put on them for having the beer garden at Huber Park. Mr. McGovern is also concerned with patrons bringing their own alcoholic beverages to the park during the event. Mr. McGovern asked Council ifit would be allowable to confiscate coolers and have the patron's pick them up at the end of the night. Captain Tate of the Shakopee Police Department suggested that the Jaycees sign the park at entrance points to the park that no alcoholic beverages are allowed into the park. Captain Tate also suggested that if someone comes to the entrance points with a cooler, they should be asked to take it back to their car rather than confiscating the cooler. Dana Listrude ofthe Shakopee Jaycees expressed her concern about the liability of having the beer garden in the park. Ms. Listrude stated that the Jaycee's are working with the Derby Day's Committee but are very uncomfortable moving the event to Huber Park. It was the consensus of the Council to change the City Code and the Jaycee's would sign the entrances to the park to advise people ofthe prohibition of alcohol in the park. Also, alcoholic beverage sales and consumption would be confined to the beer garden area. Mr. McNeill stated that the Jaycee's are seeking to extend Huber Park hours until 1:00 a.m. Captain Tate reported there were no issues with the extension hours last year. Cncl. Heitzman asked on the schematic drawing where the beer garden would be.located in Huber Park. Jamie Polley, Park and Recreation Director, stated the beer garden would be set up on a flat area between two pedestrian trails southwest of the band shell. Mr. McGovern was under the understanding that there would be a fenced in area down to the band shell to allow patrons of the beer garden to see the band and have the ability to dance. Ms. Polley stated that in her meetings with Sandy Doherty, Derby Day's Co-Chair, the agreement was to locate the beer garden in the area described above. Mr. McGovern stated that the Jaycee's pay for the bands that are playing and don't think it's fair that the beer garden patrons will not have access to the stage to watch the band. Mr. McNeill stated the Derby Day's Committee is requesting to use Huber Park without paying a usage fee and damage deposit. Mr. McNeill stated that the Park and Recreation staffis suggesting that a refundable $1,000 damage deposit be collected from Derby Days to repair any damages to the park. An alternative to charging the damage deposit is to develop an agreement with Derby Days to repair any damages to the park within a specific time frame. Mr. McNeill suggested holding offwith a decision until the Jaycee's get an insurance quote regarding landscape damage. Mr. McNeill stated that the Taste of Shako pee will also be held in Huber Park. The Derby Day's Committee is seeking to allow vender parking on Bluff A venue during the Taste of Shakopee from 2-8 p.m. Also, they are seeking Council approval for the gate between the parking lot and Bluff A venue to be opened to load and unload. Clay/Joos moved to direct staff to open the gate to allow food vendors to load and unload and allow vendQr parking on Bluff A venue from 2-8 p.m. for The Taste of Shakopee event. Motion- carried 3-2 with Cncl. Lehman and Mayor Schmitt opposed. Official Proceedings of the June 17, 2008 Shakopee City Council Page -5- Mr. McNeill stated that in the past Public Works employees have placed banners, barriers, fencing, picnic tables, garbage receptacles, emptying of garbage containers during the event, and pre and post parade work on the parade route. Lehman/Joos moved to authorize the work requested of Public Works for Derby Days. Motion carried 5-0. Mr. McNeill discussed a variety of street closures and parking lot closures during Derby Days. Lois Weckman, Derby Day's parade organizer, discussed the staging area ofthe parade as well as the new route for the parade this year. Lehman/Joos moved to approve the street closures for 4th Avenue from Gorman St. to Atwood St. for the Derby Days parade. Motion carried 5-0. Mr. McNeill discussed electrical costs. The Derby Days Committee would be responsible for electrical costs incurred at Huber Park. Staff s recommendation is that staff compares the electrical consumption during a typical summer weekend with the power cost for this same weekend. An alternate would be to have a separate meter installed by Shakopee Public Utilities. Council's consensus is to have Shakopee Public Utilities install a temporary meter at the expense of Derby Days. Mr. McNeill stated that the car show traditionally associated with Derby Days will be incorporated into the bi-weekly Classic Car Cruise as proposed by Bryan Turtle and the Boy Scouts. Mr. McNeill also stated that the fireworks will be held on Saturday night across the river from Huber Park, rather than in the area in the vicinity of the Community Center/Junior High. ~ -. ~ Joos/Heitzman to extend the park hours at Huber Park as follows: last call for 3.2 beer at 11:30 p.m., everything off the bar at 12:00 a.m. and everyone out ofthe park at 1:00 a.m. during Derby Days. Motion carried 5-0. Jamie Polley, Parks and Recreation Director, presented Council with the Repair of the Water Infiltration Additional Issues at the Community Center. Ms. Polley said the internal drain tile system will be installed at the Community Center beginning June 23, 2008. Council had directed Ms. Polley at the May 20th meeting to get additional pricing and floor options for the damaged gym floor. Ms. Polley stated she received a quote for a pulastic gym floor. The amount to install the pulastic floor on half the gym would total $67,500. Ms. Polley recommended to Council that the floor be replaced with wood flooring as it currently is. Ms. Polley said with the installation of the interior drain time system, additional concrete in front of the Community Center should not be necessary, but it would greatly reduce the amount of water that would infiltrate into the interior drain tile system. Official Proceedings of the June 17,2008 Shakopee City Council Page -6- Ms. Polley said the 2008 Building Fund CIP allocated $150,000 to the Community Center water infiltration repairs. The cost breakdown for the drain tile and additional repairs are as follows: Internal drain tile system approved on OS/20/08 $26,500 a. 4,000 sq ft of gymnasium wood floor $71,672 b. Locker room tile repair $ 5,000 c. Men's locker room lockers $18,000 d. Air quality testing $ 1,500 e. Replace all concrete & stamped concrete at entrances $58,000 f. Construct 3 concrete swales for drainage in back $ 5,710 Total $186,382 After discussion of the repairs, Council agreed the repairs listed needed to be done. The exceptions were to install the wood gymnasium floor instead of an alternative floor and to eliminate the stamping of the concrete in front of the entrances. Joos/Lehman moved to approve the additional items to be done at the Community Center (a., b., c., d., f.) in need of repair as needed. Discussion followed. Mayor Schmitt suggested illuminating the stamping of the concrete in front of the entrances. Cncl. Lehman amended the motion to replace all of the concrete (e.) minus the stamping technique (at $14,000) and not to exceed $172,382. Mayor Schmitt asked for a vote on the amended motion. Motion carried 5-0. Mr. Leek presented Council with the Request of Gregory McClenahan for Waiver or Reduction of Review Fee for Preliminary and Final Plat of Evergreen Heights Second Addition. Mr. Leek stated that Mr. McClenahan requested that the Council consider waiving or reducing the review fee. Council tabled the request to allow time for staff to report on the fee in connection with the subject application. Mr. Leek gave Council background on the revised review fees adopted in 2007. Mr. Leek also gave background on escrow fees that were adopted in 2007. Mr. Leek stated that Mr. McClenahan is requesting that the fees be waived because City staff should have found a way to allow the construction ofthe storage building across the property line that would have not require platting. Mr. Gregory McClenahan addressed Council with his argument to wave the fees as sited above. J oos/Clay moved to deny the request of Gregory McClenahan to waive or refund any portion of the application review fee for the plat of Evergreen Heights Second Addition. Unused escrow funds will be returned to the applicant by the City's Finance Department. Motion carried 5-0. Official Proceedings of the June 17,2008 Shakopee City Council Page -7- Mr. Leek presented Council with a request to schedule a workshop meeting to discuss the CR 21 Project. After some discussion is was Council's opinion to set the workshop date for July 1, 2008 after the regular Council meeting. ".- Lehman/Heitzman moved to adjourn to Tuesday, July 1, 2008 at 7:00 p.m. Motion carried 5-0. The meeting was adjourned at 9:55 p.m. Gl~x~' C;c City Clerk Kim Weckman Recording Secretary