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HomeMy WebLinkAbout5.F.2. Approval of Minutes: January 06, & 20, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 6, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Terry Joos and Matt Lehman 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, City Engineer/Public Works Director; Gregg Vox land, Finance Director; and Jeff Tate, Police Captain. The Pledge of Allegiance was recited. Mayor Schmitt asked if there 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 as presented. Motion carried 5-0 In Mayor's Report, Mayor Schmitt discussed the noise complaints from citizens regarding the noise from Koda Energy. Mayor Schmitt said that Koda Energy was conducting testing of their new facility. He said the testing would probably last another seven to ten days. Mayor Schmitt asked ifthere were any additions or deletions to the consent agenda. No one responded. Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent Agenda. Motion carried 5-0. Lehman/Heitzman moved to authorize the appropriate City officials to execute the Joint Powers Agreement for 2009 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities ofBurnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Farmington, Mendota Heights and Shakopee. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6862, A Resolution Establishing Municipal State Aid Streets, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Vicki Kubes regular status as a part-time receptionist. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Dale Gade from the position of Graduate Engineer, effective January 6, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $483,017.99 (Motion carried under the Consent Agenda) Lehmai1/Heitzman moved to approve the minutes of December 1,2008. (Motion carried under the Consent Agenda) Official Proceedings of the January 6,2009 Shakopee City Council Page -2- Lehman/Heitzman moved to affirm Resolution No. 6297, A Resolution Establishing Criteria for Out of State Travel by Elected Officials of the City of Shakopee, Minnesota. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to designate theShakopee Valley News as the official newspaper for the City of Shako pee for the year 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the transfer of$3,327.63 from the 1996A debt service fund to the 1997B debt service fund. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the transfer of $29,481.04 from the Capital Improvement Fund to the 1997B debt service fund. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to endorse the Council Meeting Procedures, as outlined in the memo from Mayor John Schmitt dated January 6,2009. (CC Document No. 460) (Motion carried under the Consent Agenda) Lehman/Heitzman moved to affirm the appointments by Mayor Schmitt to the various offices/liaison posts for 2009, as outlined in the memo from Mayor Schmitt dated January 6, 2009. (CC Document No. 461) (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. No one responded. Joos/Heitzman moved to open the public hearing for the Application for Taxicab License- Randy Busch. Motion carried 5-0. Judy Cox, City Clerk, presented Council with the Application for Taxicab License - Randy Busch. Ms. Cox stated that Randy Busch doing business as Southwest Metro Transportation has applied for a taxicab license to operate three vehicles in the City of Shakopee. Ms. Cox explained that in 2008 Mr. Busch held a taxicab license under the name ofTri Taxi, Inc., for one vehicle, which expired on December 31, 2008. On November 24, 2008 Mr. Busch made application for a 2009 taxicab license in the name of Randy Busch dba/Southwest Metro Transportation. On December 16, 2008 the City Council held a public hearing, denied the application and directed staff to prepare a resolution setting forth the reasons for the denial. On December 17,2008, Mr. Busch submitted a second application for a2009 taxicab license. Ms. Cox said that Mr. Busch's application is in order including an acceptable certification of insurance for automobile coverage and a rate sheet. Ms. Cox stated that in a memo from Captain Jeff Tate of the Shakopee Police Department, Mr. Tate does not recommend the approval of the taxi license for Mr. Busch, as a result of the repeated taxi code violations by Mr. Busch's company. Official Proceedings of the January 6, 2009 Shakopee City Council Page -3- Randy Busch, 823 Cortland Circle, address Council. Mr. Busch stated that during the December 16, 2008 public hearing he stated that he had obtained a Special Transportation License (STS) from the State of Minnesota. Mr. Busch state that he was under the assumption that the STS license superseded the licensing the City of Shakopee required for operating a taxicab license. Mr. Busch stated that looking further into the STS licensing he discovered that the STS does not override the cities requirement to obtain a taxicab license. Mr. Busch apologized to staff and Council for the mistake. Mayor Schmitt asked ifthere was anyone else in the audience that wished to speak at the public hearing. No one responded. Joos/Clay moved to close the public hearing. Motion carried 5-0 Joos/Heitzman moved to approve the application and grant a taxicab license with the condition that the license shall be revoked if there are any code violations relating to the operation of a taxicab during 2009. Discussion followed. Cncl. Lehman asked what the penalty would be if there was a violation. Mr. Thomson, the City Attorney, stated that the licensee is being put on notice now that if there is a violation in 2009 the City will revoke the license. Mr. McNeill asked for clarification of the intent of the motion. Mr. McNeill stated that ifMr. Busch receives a ticket in 2009 and he chooses to challenge it in court it may be several months before the issue is resolved. Mr. McNeill asked if revocation would take place at the time of the ticket being issued or when the adjudication is complete. Mr. Thomson agreed that there should be clarification. Mr. Thomson stated that it has been Council's past practice to wait until adjudication is complete. Cncl. Joos stated that he would like to wait until the adjudication is complete if there is a violation in 2009. Mayor Schmitt does not believe Council should disregard the recommendation of denial by the police department. He is not willing to license all three vehicles in view of the two citations. He suggested options. Mayor Schmitt asked if it would be appropriate to table the motion pending the adjudication of the court proceedings. Mr. Thomson said that tabling the motion is an option. Clay moved to table the motion. No one seconded the motion. Mayor Schmitt stated the motion died for lack of a second. Cncl. Lehman called the question. Motion carried 5-0. Mayor Schmitt then asked for a vote on the previous motion. Motion carried 3-2 with Cncl. Clay and Mayor Schmitt opposed. Lehman/Heitzman moved to direct staff to look at the taxi ordinance and come up with penalties for violations both administrative and procedurally. Motion carried 5-0. Official Proceedings of the January 6, 2009 Shakopee City Council Page -4- Mayor Schmitt asked for liaison reports. CncL Clay had nothing to report. Cncl. Heitzman had nothing to report. Cncl. Joos attended the Shakopee Public Utility meeting. Cncl. Joos encouraged anyone who had comments on the new lights on Fourth Avenue at Sommerville and Spencer Streets to contact the utility department. Also discussed at the meeting was the budget. Cncl. Lehman said he attended the chamber meeting. Discussed was the upcoming budget meeting. Michael Leek, Community Development Director, presented Council with the possible Text Amendment regarding Play Structure Setbacks. Mr. Leek said that at the October 21,2008 meeting, resident Fatima Franzen of 1830 Switchgrass Lane lodged a complaint with the Council about her neighbor's swing set/play structure constructed so close to her property line with the intent of damaging her fence. At that time she asked Council to consider adopting a setback for play structures. Council had directed staff to research the issue and bring forward alternatives for consideration. Mr. Leek stated that the Planning Commission discussed alternatives at its December 4, 2008 meeting and recommended to the City Council that no text amendment regarding this matter be approved at this time. Fatima Franzen addressed Council with reasons why a text amendment for the setbacks of play structures from property line should be adopted. Lehman/Clay moved to be consistent with the Planning Commission recommendation, do not direct preparation of, or adopt a change in the City zoning code regarding setbacks for play structures/swing sets. Motion carried 4-1 with Cncl. Joos opposed. Bruce Loney, Public Works Director, presented Council with the Approval of Plans for Fuller Street Trail Extension, Project No. 2009-1. Mr. Loney said that the Council previously authorized extension agreements with WSB & Associates, Inc. to provide design engineering services for the trail plans and bridge design needed for the trail connection along Fuller Street. Mr. Loney outlined the design for the bituminous trail and street lighting design. He noted that additional street lights will be needed to meetthe Street Lighting Policy from Vierling Drive to the north end ofthe Fuller Street Bridge. The estimated cost is approximately $10,000.00 for additional street lighting in the area. Mr. Loney said that staff and the consultant discussed the installation of street lighting similar to the pedestrian bridges along C.R. 79 and C.R. 17. With the bridge design, staff is utilizing the existing bridge and installing a higher rail and j-barrier in order to provide a safe trail crossing. Don Sterna ofWSB Consultants also answered questions Council had regarding the design and street lighting. Mr. Loney then discussed the basic design for the trail as well as the cost which is $450,000.00. Mr. Loney also said he would ask the School District to participate in some ofthe funding for the project. Official Proceedings of the January 6, 2009 Shakopee City Council Page -5- Lehman/Heitzman offered Resolution No. 6863, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Full~r Street Trail Extension, Project No. 2009-1, and moved its adoption; and directed staff to include two lights on the ends of the bridge deck and to contact the school district to contribute dollars to the project. Motion carried 5-0. On December 16, 2008, City Council denied an application for a taxicab license from Randy Busch d/b/a Southwest Metro Transportation and directed staff to prepare a resolution setting forth the reasons for the denial. A resolution was prepared by the city attorney and was considered by the Council at this time. Clay/Lehman offered Resolution No. 6864, A Resolution Denying a Taxicab License to Randy Busch d/b/a Southwest Metro Transportation, and moved its adoption. Motion carried 5-0. Heitzman/loos moved to recess for executive session to discuss labor negotiations at 8:36 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:33 p.m. and stated that the Council is returning from an executive session and that no action was taken. Mayor Schmitt asked for Council concerns. Cncl. Lehman asked when the camera would be working again. Ms. Wilson stated that the camera will be operable for the next Council meeting. Lehman/Joos moved to adjourn to Tuesday, January 20,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 9:34 p.m. ~dd. ~ 'J (lith S. Cox ity Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 20, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Terry Joos and Matt Lehman present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; and Bruce Loney, City Engineer/Public Works Director. The Pledge of Allegiance was recited. Mayor Schmitt asked ifthere were any additions or deletions to the agenda. Mr. McNeill stated there has been a deferred item on the EDA agenda of item 5, Request by Scott County Historical Society for Fa9ade Improvement Loan. Heitzman/Joos moved to approve the agenda. Motion carried 5-0 Mayor Schmitt had nothing for the Mayor's Report. Mayor Schmitt asked ifthere were any additions or deletions to the consent agenda. No one responded. Joos/Clay moved to approve the Consent Agenda as printed. Mr. McNeill read the Consent Agenda. Motion carried 5-0. / Joos/Clay offered Resolution No. 6865, a Resolution Receiving a Report and Calling a Hearing for the 2009 Street Reconstruction Project, Project No. 2009-2, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6866, A Resolution Receiving a Report and Calling a Hearing for the 2009 Bituminous Overlay, Project No. 2009-3, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6869, A Resolution Accepting Work on the 2008 Bituminous Overlay, Project No. 2008-2, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Clay moved to authorize the appropriate individuals to enter into a contract with the Minnesota Municipal Utilities Association for the provision of a Safety Management Program, at a cost not to exceed $16,700. (Motion carried under the Consent Agenda) loos/Clay moved to appoint Alison Burstein to the position of Records Technician at Grade 3, Step D of the non~union pay plan, effective February 2,2009 and subject to six month probationary period. (Motion carried under the Consent Agenda) Joos/Clay moved to approve the bills in the amount of$604,653.85. (Motion carried under the Consent Agenda) Official Proceedings of the January 20,2009 Shakopee City Council Page -2- loos/Clay moved to approve the minutes of December 16, 2008. (Motion carried under the Consent Agenda) loos/Clay moved to approve the application and grant a Tattoo License to Joe Christensen, Body Art, 205 South Lewis Street. (Motion carried under the Consent Agenda) loos/Clay offered Resolution 6867, A Resolution in Support of the 34th Red Bull Infantry Division, 34th Military Police Company ofthe Minnesota National Guard on its Deployment to Iraq. (Motion carried under the Consent Agenda) loos/Clay moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 14,2009 and July 25 and 26, 2009, conditioned upon meeting all licensing requirements. (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. No one responded. Mayor Schmitt asked for Council Liaison Reports. Cncl. Clay had nothing to report. Cncl. Joos attended the Shakopee Public Utility Commission meeting. Discussed at the meeting was the wind turbine proposed for the utility building. Cncl. J oos said he asked if there could be a joint meeting set up between the City Council, the Utility Commission and the Planning Commission because of the interest ofland owners who would like to also erect wind turbines. Cnc1. Lehman stated he will be attending the 169 corridor meeting on Thursday. Cncl. Heitzman had nothing to report. Heitzman/Lehman moved to recess for the Economic Development Authority Meeting, at 7:09 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:15 p.m. Mark McNeill, City Administrator, presented Council with the 2009 Federal Stimulus Project Discussion. Mr. McNeill stated that Council is being asked to discuss whether it wishes to continue with the application process for Federal Stimulus projects that have been submitted by City Staff. The projects include the Fuller Street pedestrian bridge and trail, the Quarry Lake pedestrian bridge and trail over T.H. 169, and bituminous overlays. Cnc1. loos asked to discuss this project because he wanted input from the other Councilor's ifin fact they supported the projects if chosen. Cncl. Joos also stated that he has a hard time taking money from the Federal Government to do these projects when the projects weren't even on the list of projects to complete by Council. Bruce Loney, Public Works/Engineering Director, explained the Federal Stimulus Project and said that 100% ofthe construction cost would be paid for by Federal Funds. Engineering and right-of-way costs would still be the City's responsibility. Official Proceedings of the January 20, 2009 Shakopee City Council Page -3- CncI's. Heitzman, Clay and Lehman as well as Mayor Schmitt all agreed that they wished to pursue the proj ect. LehmanlHeitzman moved to direct staff to continue to pursue the Federal Stimulus Program with the three proj ects that have been submitted: Fuller Street Pedestrian Bridge and Trail over TH 169, Quarry Lake Pedestrian Bridge and Trail over TH 169 and bituminous overlays. Motion carried 5-0. Mr. McNeill presented Council with setting a date for a workshop regarding First A venue. LehmanlHeitzman moved to establish a workshop for Tuesday, February 24,2009 at 7:00 p.m. to discuss First A venue traffic and land use issues. Motion carried 5-0. Mr. McNeill presented Council with the 2009 Goals and Objectives. Mr. McNeill asked the Council to discuss and update the City's Goals and Objectives. Mr. McNeill said that in January 2008 Council adopted the current goals and objectives. Mr. McNeill said that many of the strategies and action steps which were adopted are not unique to Shakopee or to a single two year period of time and should be seen as ongoing goals. Mr. McNeill separated out the ongoing strategies and action steps for Council to review and determine which should be considered specific to 2009. Cncl. Joos would like to further discuss Shakopee's "Small Town" feel and look at some of past things Shakopee used to do and bring them back to ensure they continue. Mayor Schmitt said he would like more defined quarterly activity reports from Departments for 2009. Discussion followed. Mr. McNeill stated that he would make changes and bring back the Goals and Objectives for 2009 for adoption at the next meeting. Mayor Schmitt asked for Council Concerns. Cncl. Joos discussed the positive feedback he received from a person regarding the summertime bi-weekly car show. Cncl. Lehman asked that Council consider looking into permitting issues on how to deal with a resident or a business who would like to put up a wind turbine and other cost saving energy issues the City has never dealt with in the past. Cncl. Lehman also said he received a complaint that a residential house which has been foreclosed had the electric power disconnected which caused the pipes to freeze and damage the house. Cncl. Joos stated that the Shakopee Public Utility Commission (SPUC) has a policy on these types of issues and doesn't just shut the power and water off to cause damage. Cncl. J oos suggested that Cncl. Lehman contact ~PUC to see what happened with the residence. Lehman/Joos moved to recess for executive session to discuss labor negotiations, at 8:03 p.m. Motion carried 5-0. Mayor Schmitt fe-convened the meeting at 8:15 p.m. and stated that the Council members were returning from an executive session discussing salary negotiations and that no action was taken. Official Proceedings of the January 20,2009 Shakopee City Council Page -4- Lehman/Heitzman moved to adjourn to Tuesday, February 3,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 8:15 p.m. a~}' C?f City Clerk Kim Weckman Recording Secretary