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HomeMy WebLinkAbout5.F.2. Approval of Minutes: November 18, and 25, 2008 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 18,2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Pat Heitzman, Terry Joos and Matt Lehman present, Council member Steve Clay, absent. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; R. Michael Leek, Community Development Director; Bruce Loney, City Engineer/Public Works Director; Gregg V oxland, Finance Director; and Jamie Polley, Parks Recreation & Natural Resource Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill stated there is a revised version of 5.F.5, On Sale and Sunday On Sale Liquor Licenses - MCW Entertainment, LLC, dbalHaters Bar and Grill, 911 East 1 st Avenue, on the table. JooslHeitzman moved to approve the amended agenda. Motion carried 4-0 Mayor Schmitt had nothing to report for the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. Cncl. Heitzman pointed out a date correction on 5 .E.l, Completion of Probationary Period for GIS Specialist Ryan Bormann. Cncl. Lehman asked to remove 5.B.l, Memorandum of Understanding with Scott County for Bridge #4175, Parcel #75, and CSAH 21 Ponding Location. Joos/Lehman moved to approve the Consent Agenda, as amended. Mr. McNeill read the amended Consent Agenda. Joos/Lehman offered Resolution No. 6840, A Resolution Accepting Work on the 2007 Street Reconstruction, Project No. 2007-2, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6841, A Resolution Accepting Work on the 2008 Street Improvements, Project No. 2008-1, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman offered Resolution No. 6842, A Resolution Accepting Work on Pike Lake Road and Street "A" Improvements, Project No. 2007-3, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize the purchase of fourteen digital recorders using DWI forfeiture funds in the amount of$4,606.00 plus tax, shipping and handling. (Motion carried under the Consent Agenda) Official Proceedings of the November 18,2008 Shakopee City Council Page -2- Joos/Lehman offered Resolution No. 6837, A Resolution Accepting the work of Quiring Excavating, LLC. On Westminster Neighborhood Park Improvements and Authorizing Final Payment, project PR 2007-3, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize approval of the Joint Powers Agreement for Use of City of Shakopee Facilities and ISD #720 Facilitates and for City Use ofISD #720 Aquatic Facilities, pending joint approval by the School Board. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the Community Center front desk upgrades with a maximum budget of $20,000 utilizing funds from the 2008 operating supplies and building maintenance budgets to be carried over to 2009 as a budget amendment. (Motion carried under the Consent Agenda) JooslLehman moved to grant Ryan Bormann full-time, regular status as GIS Specialist. (Motion carried under the Consent Agenda) Joos/Lehman moved to authorize the hiring of probationary police offer Gary Kern at Step 1 of the current labor contract contingent upon successful completion of the required pre-employment screening. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the bills in the amount of$1,105,173.49. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the items on a telecommunications equipment list supplied by John Peterson, Telecommunications Coordinator, as surplus property. (Motion carried under the Consent Agenda) J oos/Lehman moved to authorize the temporary closure of portions of Second Street, Holmes Street, First A venue and Sommerville Street, along with parking restrictions to be determined, to accommodate a Holiday Festival parade on December 5, 2008. (Motion carried under the Consent Agenda) Joos/Lehman moved to approve the applications and grant an on sale and Sunday on sale liquor license to MCW Entertainment, LLC, 911 East 1 st A venue, conditioned upon: 1. The extended 646 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset. 2. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. 3. The surrender ofthe existing liquor licenses. (Motion carried under the Consent Agenda) Mayor Schmitt asked ifthere was anyone in the audience who wished to be heard on a subject that was not on the agenda. Noone responded. Lehman/Heitzman moved to open the public hearing on the proposed assessments for the Beckrich Park Estates and Kristal Estates Extension of Sanitary Sewer and Water, Project No. 2007-10. Motion carried 3-0. Cncl. Terry Joos excused himself from the table because he lives in Beckrich Park Estates. Official Proceedings of the November 18, 2008 Shakopee City Council Page -3- Bruce Loney, Public Works Director/City Engineer, presented Council with detail of the Beckrich Park Estates and Kristal Estates Extension of Sanitary Sewer and Water. Mr. Loney said the final project cost is $1,117,797.52, which consists of construction costs, trunk utility charges, financing costs and engineering/administration costs. Mr. Loney broke down the costs for Council. He also said 100% of the lateral benefit of sanitary sewer and water extension were assessed. Oversizing costs for trunk sewer and trunk water were paid by the City and Shakopee Public Utility Commission (SPDC) funds. Reconstruction of Hampton Circle was assessed at 30% and 70% paid by general tax levy. Repairs to an existing storm water channel were paid out of drainage funds. Mr. Loney also explained the property owner's payment process and appeal process. Mayor Schmitt asked if anyone in the audience wished to speak at the public hearing. Brad Kromarek, 926 Carriage Circle, Shakopee, told Council that he doesn't object to the overall amount of the project but objects that $10,019.00 was assessed to all property owners. The amount was for hook up for five individual parcels. Mr. Loney explained that the hook up fees for the five homes was because the project went through the five individual homeowner's drain fields and hookup needed to be done immediately. In exchange for this inconvenience and the fact that there is now an easement through those five properties, the City agreed to pay for their hook up and yard replacement. Mr. Loney said the homeowners were responsible for connection charges and the sewer SAC charges. Lehman/Heitzman moved to close the public hearing. Motion carried 3-0. LehmanlHeitzman offered Resolution No. 6839, A Resolution Adopting Assessments for the Beckrich Park Estates and Kristal Estates Addition Sanitary Sewer and Water Improvements, Project No. 2007-10, and moved its adoption. Motion carried 3-0. JooslHeitzman moved to open the public hearing on the proposed Vacation of Public Road Easement. Motion carried 4-0. Michael Leek, Community Development Director, presented Council with the Vacation of a Public Road Easement. Mr. Leek said the City received a request from Mark Saliterman to consider the vacation of public road easement south of Eagle Creek Blvd. and west ofCSAH 83. Mr. Leek said the Planning Commission reviewed the request and recommended approval of the vacation. Mr. Leek went over the conditions of the vacation for Council. Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Joos/Lehman moved to close the public hearing. Motion carried 4-0. Official Proceedings of the November 18,2008 Shakopee City Council Page -4- J oos/Heitzman offered Resolution No. 6836, A Resolution of the City of Shakopee Vacating A Public Road Easement South of Eagle Creek Blvd. and West ofCSAH 83, and moved its adoption. Motion carried 4-0. Joos/Heitzman moved to open the public hearing for the 2009 Currency Exchange Licenses. Motion carried 4-0. Judy Cox, City Clerk, presented Council with the 2009 Currency Exchange Licenses. Ms. Cox said the Council is asked to consider applications for renewal of currency exchange licenses for Madison Financial Companies dba MoneyXchange, 1147 Canterbury Road; DRM LLC of Shakopee, dba Excel Pawn, 450 West 1st A venue; and Cash Systems, Inc. dba Canterbury Park, 1100 Canterbury Road. Ms. Cox said the applicants have provided the State with the required $10,000 Currency Exchange Surety Bond. She also said the Shakopee Police Department has advised that they are unaware of any reason to object to the granting of the licenses. Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public hearing. No one responded. Lehman/Joos moved to close the public hearing. Motion carried 4-0. Lehman/Joos offered Resolution No. 6843, A Resolution Approving the Applications of Madison Financial Companies, DRM LLC of Shakopee, and Cash Systems, Inc. for a Currency Exchange License, and moved its adoption. Motion carried 4-0. Mayor Schmitt asked to discuss item(s) removed from the Consent Agenda. Cncl. Lehman said he asked for the removaI5.B.l, Memorandum of Understanding with Scott County for Bridge #4175, Parcel #75, and CSAH 21 Ponding Location because he had questions on the wording clarification ofthe statement "Acknowledges that it owns Mn/DOT storm sewer payments of approximately $520,000 for the City's Share ofthe storm sewer costs associated with the TH169 by-pass project" and "Will agree to pay the approximately $520,000 to Scott County when a Construction Cooperative Agreement for CSAH 21 is entered into between the City and the County." Cncl. Lehman said it sounds like Shakopee will be paying $520,000 to Mn/DOT and $520,000 to Scott County when that is not the intent ofthe agreement. Cnc1. Lehman also had questions regarding the statement "Will provide fee title to the County to the approximate 6-acre parcel adjacent to CSAH 21 for ponding purposes." CncL Lehman said he understood this agreement to be involving Parcel 75, the Holmes Street bridge and Pike Lake Road. He's confused as to how CSAH 21 is now a part ofthis agreement. City Attorney, Jim Thomson, said he would change the wording in the agreement regarding Mr. Lehman's first concern. Mr. Loney said CSAH 21 was tied into the agreement so there was a clear understanding that there is another agreement and it is contingent upon this other agreement being signed. There's also an understanding that we are going to have another Memo of Understanding for CSAH 21 right in/right out access to the east side ofthe commercial districts. Official Proceedings of the November 18, 2008 Shakopee City Council Page -5- Lehman!Heitzman moved to authorize the appropriate City officials to execute the Memorandum of Understanding between the City of Shakopee and Scott County on Bridge #4175, Parcel #75 and CSAH 21 Ponding Location. Cncl. Joos also pointed out the wording "WHEREAS, Scott County is the owner of the CSAH 101 Bridge and Bridge #4175 which provides the pedestrian and bicycle connections for this bridge". Cncl. Joos wants to make sure we don't just limit the bridge to pedestrianlbicycle use which may restrict its use in the agreement. Mr. Thomson suggested taking out the phrase, "... which provides the pedestrian and bicycle connections for this bridge." After discussion of the phrase, it was decided to leave it in the agreement because it's just stating the current facts of the bridge use. LehmanlHeitzman moved to authorize the appropriate City officials to execute the Memorandum of Understanding between the City of Shako pee and Scott County on Bridge #4175, Parcel #75 and CSAH 21 Ponding Location, as amended (clarifying payment ofthe $520,000 storm sewer costs). Motion carried 4-0. Mr. McNeill asked to move up on the agenda items 13.F.2, Energy Efficiency Project and 13.F.2.a., Lighting Upgrade for Community Center. Kris Wilson, Assistant City Administrator, presented Council with the Energy Efficiency Projects. Ms. Wilson stated that Harris Companies has presented staffwith a bundled energy solutions proposal for the Community Center and the Fire Station. At this time it is being recommended that the City not proceed with the bundled energy solutions proposed by Harris Companies ofthe costs and tradeoffs of the project. Ms. Wilson stated that in the mean time staff members have met and came up with alternative ways to reduce energy costs. Joos/Heitzman moved to accept the recommendation not to proceed with the proposal from Harris Companies for bundled energy efficiency solutions for the Community Center and Fire Station and pay the bill due to them in the amount of $1 0,000 for the comprehensive technical study. Motion carried 4-0. Ms. Wilson presented Council with the Lighting Upgrade for the Community Center. Ms. Wilson said that City Council is being asked to authorize a lighting upgrade project at the Community Center in order to reduce the facility's energy consumption and improve the amount of quality of light. Ms. Wilson outlined the upgrades, expenditure, and cost savings to Council. Official Proceedings of the November 18, 2008 Shakopee City Council Page -6- Joos/Heitzman moved to authorize appropriate staff to enter into a contract with North American Energy Group for the replacement of lighting fixtures at the Community Center gym, fitness area and ice arena at a cost not to exceed $32,000 and to apply for all relevant rebates from Shakopee Public Utilities and with costs taken from the Building Fund. Motion carried 4-0. Joos/Heitzman moved to recess to Executive Session to discuss pending litigation at 8:15 p.m.. Motion carried 4-0. Mayor Schmitt re-convened the meeting at 9:46 p.m. and stated that no action was taken during the Executive Session. Lehman/Joos moved to call for a workshop to be held Tuesday November 25,2008 at 7:00 p.m. Motion carried 4-0. Mayor Schmitt asked for Liaison Reports. Cnc1. Lehman had nothing to report. Cnc1. Joos attended the Shakopee Public Utility Commission meeting. Discussed was the final draft budget. Cnc1. Heitzman congratulated the Shakopee Girls Volleyball Team for their State title. Cnc1. Heitzman also attended the School Board meeting where they introduced their newest board member, Reggie Powerman. Also presented was the rough draft of the new elementary school on CSAH 15 and 17th Avenue. Cnc1. Heitzman also attended the Downtown Partnership meeting on November 11, 2008. Lehman/Heitzman moved to recess for the Economic Authority Meeting, at 9:50 p.m. . Motion carried 4-0. Mayor Schmitt re-convened the meeting at 9:59 p.m. for the workshop with Scott County. Also present were Mike Kati1a of Short Elliot Hendrickson Inc. (SHE) and Greg Ilkka from Scott County. Bruce Loney, Public Works Director/City Engineer, presented Council with the Preliminary Draft Corridor Study on CH 17, from TH 13 to CH 101; and TH 13, from TH 19 to TH 282. Mr. Loney said on October 21,2008, Council was presented with the preliminary draft corridor study by Scott County Public Works and SEH. At that time Mr. Loney outlined five key issues that the study brought that would impact the City of Shakopee. Mr. Loney provided Council with a large scaled map of Marschall Road from TH 101 to CSAH 42 which is proposed to be a 2013 project. Mr. Loney began with Segman C, CSAH 17 from CH 42 to St. Francis Avenue and outlined the project construction, accesses and closures on CSAH 17. Council concern is the supporting roadways that will need to take place. There is concern that the future supporting roadways may not become possible because ofland acquisitions by Shakopee Mdewakenton Sioux Community (SMSC). Greg Ilkka, Scott County, stated that there was a future meeting set up with SMSC to discuss their future plans within the County. Mr. Ilkka also presented Council with a map of the 2030 concept design of CSAH 17 from TH 19 in New Prague to TH 101 in Shakopee. Official Proceedings of the November 18, 2008 Shakopee City Council Page -7- Joos/Lehman moved to adjourn to Tuesday November 25,2008 at 7:00 p.m. Motion carried 4-0. The meeting was adjourned 11 :00 p.m. ~J. er:- 'Q:ths. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 25,2008 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Pat Heitzman, Terry Joos, Steve Clay and Matt Lehman present. Also present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, City Engineer/Public Works Director; Mike Hullander, Public Works Superintendent; and Mark Noble, City Planner II. Also present from the Historic Preservation Advisory Commission (HP AC) were Pat Plouman, Chairperson, Jay Whiting and Don McNeil, Commission members. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill stated there were no additions or deletions to the agenda. Joos/Clay moved to approve the agenda. Motion carried 5-0. Mark Noble, Planner II, and members of the Historic Preservation Advisory Commission presented Council with the Amendment to City Code - Draft Historic Preservation Ordinance. Mr. Noble stated that the HP AC has been working on a draft Historic Preservation Ordinance that they want to present to Council. The HP AC will then make any necessary changes and present it to the property owners of those structures listed as Locally Significant Historic Properties. Mr. Noble said the HP AC has spent a considerable amount oftime collecting information and discussing the elements that they would like to incorporate in the draft ordinance. Mr. Noble also said that certain aspects of the draft ordinance may be more regulatory than the Council may desire; however, to be eligible for potential grants and reduced loan opportunities, there are specific criteria that need to be included in the ordinance. HP AC member Jay Whiting presented Council with an outline of the draft ordinance and asked for Council's opinions, suggestions, or concerns regarding the draft ordinance. Cncl. Lehman said he is not in favor to taking away property owner rights. Cncl. Lehman said he's not opposed to what the HP AC is trying to achieve, he believes it should be the property owner's rights if they want to participate in designating their property as a historic landmark. Cncl. Joos likes the draft ordinance and is in favor of moving forward with the draft ordinance. However, Cncl. Joos would like the HP AC to continue as an advisory group and the City Council would have the ultimate say in any appeals. Cncl. Heitzman suggested changing one element of the criteria which states, "The age of the structure is fifty (50) years of age or older from the current date." He feels it would incorporate too many properties and it's not focused enough on the significantly older properties. Cncl. Joos suggested wording such as "Prior to" and then incorporate a specific year. Official Proceedings of the November 25,2008 Shakopee City Council Page -2- Mr. Whiting stated that age alone does not establish historic value. Cncl. Clay also suggested a word change with regard to the criteria for designation. Cncl. Clay also feels that it's important to tighten up the criteria sincerestrictions would apply to property owners who own these types of properties. Mayor Schmitt feels it's important to preserve Shakopee's History and supports the mission and goals of the HP AC. Joos/Clay moved to have the HP AC move forward with the draft ordinance with consideration of Council's suggestions given to them and also have the City Attorney review and revise the draft to bring back to Council for consideration. Motion carried 4-1 with Cncl. Lehman opposing. Mr. Noble presented Council with the HP AC's Historic Plaques. Mr. Noble stated that the HP AC has been awarded a grant from the Minnesota Sesquicentennial. The HP AC would like to use the money from the grant to pay for plaques which would be offered to Locally Designated Historic Properties. The HP AC would require the property owner to display the plaque on a post outside on the property or affixed to a building located on the property visible from the street. Joos/ Heitzman moved proceed with the purchase of plaques for locally designated historic properties, with the cost to come out of the grant money from the Minnesota Sesquicentennial awarded to the Historic Preservation Advisory Commission. Motion carried 5-0. Mr. Noble presented Council with the Final Plat Amendments for Shakopee Landing and Vierling Estates 1 st Addition. Mr. Noble said that Shakopee Development, LLC, has submitted a request to amend the final plats of Shakopee Landing and Vierling Estates 1 st Addition. The purpose of the amendment is to eliminate the condition for a requirement for a play area/tot lot in the Shakopee Landing development and add the same condition to the Vierling Estates 1st Addition development. Mr. Noble said the applicant is asking the Council to address the proposal primarily due to timing concerning a letter of credit for the completion of this and other development related items that is set to expire at the end of November as well as the desire to install the play area/tot lot in the Vierling Estates development yet this year. Don Willenbring and Dale Willenbring, owners and developers of Shakopee Landing and Vierling Estates 1 st Addition, addressed Council. They explained the difficulties they've had attempting to put the tot lot on the Shakopee Landing development site and their reasons for suggesting that the tot lot be installed at the Vierling Estates 1 st Addition site. Joos/Heitzman offered Resolution No. 6844, a Resolution Approving an Amendment of the Final Plat of Shako pee Landing, and offered Resolution No. 6845, a Resolution Approving an Amendment of the Preliminary and Final Plat of Vierling Estates 1 st Addition, and moved their adoption. Discussion followed. Official Proceedings of the November 25, 2008 Shakopee City Council Page -3- Mayor Schmitt feels that there should be some form of play area in both properties due to the multi-age units in the both developments. Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Mayor Schmitt opposing. Joos/Lehman moved for a five minute recess. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:25 p.m.. Bruce Loney, Public Works Director, presented Council with the Sidewalk and Trial Connections and Proposed Sidewalk Maintenance Policy. Mr. Loney presented Council with a map of the sidewalk and trail map that has been recently updated. Mr. Loney said that staff has been working with the school district to implement safe sidewalk and trail connections to the schools. Mr. Loney said there are insufficient sidewalks from Shakopee Avenue to 10th Avenue which would provide safe routes to students who attend the Jr. High School. Mr. Loney said that one example would be Spencer Street from Shakopee A venue to 10th A venue. The City would be conducting a feasibility study for reconstruction in 2009 which could include a sidewalk from Shakopee Avenueto 10th Avenue. Cncl. Joos feels that the Council needs to take immediate action on providing safe routes to schools for the children. He also feels that the sidewalks should be done as soon as possible and shouldn't be done when the City does reconstruction projects on the designated roads deemed as safe routes to the schools. Mike Burlager, Shakopee School District representative, presented Council with the demographic information regarding the school district's criteria for busing student's verses students who walk to school. Cncl. Clay stated that when areas are designated for the construction of a sidewalk many homeowners will be opposed to the projects if the sidewalk is on their property. He strongly suggests that Council will need to make a committed effort to move forward with the projects despite the fact that the potential of some angry citizens is inevitable. All of the Council members agree that staff should move forward with a five year plan for the most important routes to school and bring it back to Council for consideration. Mr. Loney then presented Council with the Scott County's regional trail connection which is included in their comprehensive plan. Mr. Loney said that the County has been including trails on their new and reconstructed county roads which is their new policy. Mike Hullander, Public Works Superintendent, present Council with a draft of Sidewalk Inspection, Replacement and Maintenance Policy. Mr. Hullander said he reviewed the model sidewalk policy from the League of Minnesota Cities, Shakopee's existing sidewalk policy and other city sidewalk policies and devised a draft. Official Proceedings of the November 25,2008 Shakopee City Council Page -4- Mr. Hullander reviewed with Council the draft procedures and responsibility, sidewalk removal, funding of repairs and or replacement of sidewalks and snow removal. Cncl. Lehman would like the city to pay for sidewalks on local streets where they are used as collector sidewalks. Joos/Heitzman moved to direct staff to move ahead with the Sidewalk Inspection Replacement Policy. Discussion followed. Mr. Loney suggested that because the policy is in draft form, that it be brought back at a later date for formal resolution. Mr. Loney also said that the existing city code needs to be changed to reflect the new policy. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Lehman/Joos moved to recess to Executive Session to discuss labor negotiations, at 9:38 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 10:20 p.m. and stated that no action was taken while in Executive Session. Joos/Heitzman moved to adjourn to Monday, December 1, 2008 at 7:00 p.m. Motion carried 5-0. The meeting was adjourned 10:21 p.m. () JJ:l ~. 0f- 1 dith S. Cox City Clerk Kim Weckman Recording Secretary