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HomeMy WebLinkAbout5.F.2. Approval of Minutes: March 17, March 24, and April 07, 2009 l~ !""""' ). o . ;--, --. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 17,2009 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, Public Works Director/City Engineer; Jamie Polley, Parks, Recreation and Natural Resource Director; and Gregg V ox land, Finance Director. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mr. McNeill said there were no changes to the agenda. Joos/Clay moved to approve the agenda. Motion carried 5-0 In the Mayor's Report, Mayor Schmitt said he had nothing to report. Mayor Schmitt asked ifthere were any additions or deletions to the consent agenda. Cnc1. Lehman asked to remove 5.D .1. Revisions to the Natural Resources Corridor Design Criteria. Lehman/Heitzman moved to approve the modified Consent Agenda. Mr. McNeill read the amended Consent Agenda. Lehman/Heitzman offered Ordinance No. 815, Fourth Series, An Ordinance Amending Chapter 11 (zoning) of the City Code Regarding Sight Triangles, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize staff to utilize the re-purchase agreement with Siemon Implement, Inc. for the 2008 John Deere 6430 Tractor for the price of $8,253.75 with the funds to be expended from the Surface Water Fund. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to direct staff to enter into a sub-grant agreement with the Metropolitan Emergency Services Board and accept the grant allocation of $8,900.89 for the purchase of eight 800 MHz portable radios. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6882, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2009 Cured-In-Place Pipe Project, Project No. 2009-4, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6885, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2009 Bituminous Overlay, Project No. 2009-3, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve authorizing the transfer of up to $90,000.00 to be transferred from the State Aid Account to the General Fund to be used for street maintenance activities in 2009. (Motion carried under the Consent Agenda) Official Proceedings of the March 17, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to authorize the advertising and hiring of an Engineering Intern for 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to declare the 1997 Honda Civic, VIN: IHGEJ8146VL078891 and the 1998 Ford Contour, VIN: IFAFP6536WK186402, as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6881, a Resolution of the City of Shakopee, Minnesota, accepting a $1,000 donation from the Fraternal Order of Eagles, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the funding of $6,000, currently set aside for the second outdoor ice sheet, for the improvements of the Shakopee Ice Arena. The $6,000 to be utilized from the remaining $31,500 Lions Park Land sale proceeds currently held in the Park Reserve Fund. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6877, A Resolution Adopting an Updated "OBRA" Plan Document for Retirement Accounts Provided to Paid-on-Call Firefighters of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to grant Jennifer Worm full-time, regular status as a Records Technician with the Shakopee Police Department. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $464, 196.56. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of February 24,2009 and March 3, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6880, A Resolution Accepting the Donation of $2,000 from the Shakopee Downtown Partnership for Flower Baskets and Care Show Expenditures, and moved its adoption. (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. Joos/Heitzman moved to open the public hearing for the proposed Vacation of Easement in Valley Rich First Addition. Motion carried 5-0. Michael Leek, Community Development Director, presented Council with the vacation of easement in Valley Rich First Addition. Mr. Leek said the City received a request from Lloyd's Construction Services to consider the vacation of a 20 foot by 210.82 foot segment of drainage and utility easement adjacent to the south lot line of Lot 1, Block 1, Valley Rich First Addition. The vacation would allow greater flexibility of use of the property in the future since the easement is located in the center of two properties being combined into one. Planning Commission recommended the vacation at their meeting on March 5,2009. Official Proceedings of the March 17,2009 Shakopee City Council Page -3- Mayor Schmitt asked ifthere was anyone who wished to speak at the public hearing. No one responded. Clay/Joos moved to close the public hearing. Motion carried 5-0. J oos/Clay offered Resolution No. 6884, A Resolution of the City of Shakopee Vacating a Portion of Drainage and Utility Easement in Valley Rich 1 st Addition, and moved its adoption. Motion carried 5-0. Mayor Schmitt asked to discuss the item removed from the Consent Agenda. Cncl. Lehman said that he asked for the removal of 5.D.l, Revisions to the Natural Corridor Design Criteria, because it was very difficult to read because of all of the technicalities. Cncl. Lehman asked for an overview of what the changes are to the document. Jamie Polley, Parks, Recreation, and Natural Recourses Director, address Council stating that the design criteria is for properties within the natural resource corridor. She also stated it's a guide to help developers who are working in the natural resource corridor; the changes make the document consistent with tree regulations adopted later. She also said a summary of the changes are in the memo provided to Council. Mr. Leek suggested creating a list of property owners within the natural resource corridor for building inspection and planning staff and also create a guideline worksheet. Lehman/Clay moved to approve the amended Natural Resource Corridor Design Criteria as recommended by the EAC; and, offered Resolution No. 6878, A Resolution of the City of Shakopee Adopting Natural Resources Corridor Design Criteria, and moved its adoption; and, directed staff to try and make the process as easy as possible to understand for anyone involved. Motion carried 5-0. Mayor Schmitt asked for Council liaison reports. Cncl. Heitzman said he attended the school board meeting. A decision was made to postpone building the new elementary school for one year. Cncl. Lehman had nothing to report. Cncl. Joos attended the Public Utility Commission meeting. Cnc1. Joos said that the MMP A will be presenting the wind generation proposal to Council in the near future. Cncl. Clay deferred to Mr. Leek to discuss what's happening in the legislation regarding the Transit Commission. Mr. Leek said that the Transit Planning Team (TPT) and the Transit Review Board (TRB) granted Shakopee and Prior Lake an additional coach through a grant. An RFT is being put together for a study of the Dan Patch corridor. Other legislation discussion is to come up with a Minnesota Transit Authority. Mr. Leek also said that ridership is up for Blue Express. Joos/Clay moved to recess for an Economic Development Authority Meeting, at 7:40 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:55 p.m. Joos/Heitzman moved to recess for a break. Motion carried 5-0. Official Proceedings of the March 17, 2009 Shakopee City Council Page -4- Mayor Schmitt re-convened the meeting at 9: 1 0 a.m. Bruce Loney, City Engineer, presented Council with the Draft Resolution CSAH 17/T.H. 13 Corridor Study as an Overall Vision for Future Planning on CSAH 17/TH13. Mr. Loney said Scott County is requesting a resolution in order for the Council to accept the final study, with the main emphasis being that CSAH 17 and TH 13 would become a principal arterial and a major north-south route in Scott County. . Mr. Loney provided background andrecapped the process Scott County used for the study. Mr. Loney also summarized Council's concerns that were presented to Scott County during their presentation to Council in October 2008. Mr. Loney said that the County has taken into consideration the comments and concerns Council has regarding the corridor study. Mr. Loney listed all of the concems that are listed in the resolution. Mr. Loney said that staff has worked with Scott County staff in formulating the resolution and believes many of the concerns of the City are included as well as the County's main recommendations being that CSAH 17 be reclassified to a principal arterial and that mobility be preserved in the corridor. Cncl. Joos said he has concerns south ofCR 42 as to what Prior Lake and Shakopee Mdwakenton Sioux Community has planned for that area. He is concerned that if it's zoned industrial that truck traffic may be an issue if CSAH 17 is a principal arterial road in the County. Cncl. Lehman said he's not in favor CSAH 17 being a principal arterial road for the County. He believes that the principal arterial should be in the area of CR 69 where the new river crossing is being planned in the future. He is also concerned about accesses onto CSAH 17 being closed and who would be paying for the redevelopment of supporting roads if development does not take place. Mitch Rasmussen, Scott County Engineer, explained to Council that the design that has been drafted is a conceptual layout and it's not a design study or a preliminary layout. He assured Council that there are a lot of things associated with cost that would have to be worked out through the design process. Mayor Schmitt is comfortable with the concept of a four lane roadway. There are other issues that need to be discussed. Cncl. Joos agrees that a four lane roadway makes sense. He is concerned about the large traffic volumes from surrounding communities that will be diverted through Shakopee on CSAH 17 and the impact it's going to have on surrounding neighborhoods. Lisa Freeze, Scott County Transportation Program Manager, said that there needs to be other corridors north/south and east/west identified. She said that in the County's 2030 plan they identified a number of those corridors. She said that when the 2030 plan was established the river crossing decision hadn't been made at that time. She said Scott County needs to look at the system in that area. She said the County would see that as an opportunity for and addition to corridor rather than in lieu of the CSAH 17/TH 13 principal arterial alignment. Official Proceedings of the March 17, 2009 Shakopee City Council Page -5- Mr. Rasmussen stated that they are here for more feedback for the preparation of a resolution. that they will bring back for council consideration. He said that the resolution will be very generic and that they recognize that there are issues that will need to be addressed. Joos/Heitzman moved to direct staff to prepare a Resolution Adopting the CSAH 17/T.H. 13 Corridor Study as an Overall Vision for Future Planning on CSAH 17/T.H. 13, and that it be brought back to a future City Council meeting. Motion carried 4-1 with Cncl. Lehman opposed. Mr. Loney presented Council with the c.R. 21 Cooperative Agreement and the Memo of Understanding (MOD) for C.R. 21 Access for Hansen A venue. Mr. Loney said the County has been working on a design for the C.R. 21 extension project, from CSAH 42 to the connection to CSAH 18. The design is complete and issues mentioned at the . July 1, 2008 Council meeting have been addressed. Mr. Loney said the City's cost is approximately $2.1 million. After the federal funding has been applied to the $2.1 million, the City's cost will be $1.3 million. Mr. Loney said that there is $1. 7 million in the CIP budget for the project. Mr. Loney highlighted and summarized the issues and the resolutions to the project issues. Mr. Loney said that staff is recommending one item of change in the final design in regards to sanitary sewer and water. It doesn't appear that there is a need to provide services to the Shutrop Park for five or ten years and maybe service can be in a different fashion. The transit station land is owned by the Shakopee Mdewakanton Sioux and they feel that some day they will be able to serve that property with their own facility, if need be. Staff is recommending that sewer and water be eliminated from the project to these two sites, with the unknowns, and need direction from the Council. Mr. Loney noted that the CR 21 construction cooperative agreement and the memo of understanding for the CR 21 access for Hansen A venue are in the Council's packet. He said that Scott County has agreed to a right-in/right-out for Hansen Avenue in the memo of understanding. Mr. Loney said that staff recommends taking comments and direction from Council to move the project forward and come back at a later date with the CR 21 Cooperative Agreement and the access Memo of Understanding for Hanson Avenue. Mr. Leek then spoke to Council about the approval of Construction Cooperative Agreement for Bus-Only Ramp and Eagle Creek Station Park and Ride. Mr. Leek said that under the existing Memo of Understanding for the Southbridge and Eagle Creek park and rides, it was expected that the cities of Prior Lake and Shakopee would pay 40% and 60% of site acquisition and construction costs that are not federally funded. Mr. Leek said that Shakopee Public Utilities Commission (SPUC) staff said that a 12 inch water line would be required rather than the 8 inch line that is identified in the plans. That significantly increases the costs for water. Since the park and ride site would in the future need water service Official Proceedings of the March 17, 2009 Shakopee City Council Page -6- only for a couple of bathroom facilities, staff strongly suggests that the water line not be installed as part of this project. Ms. Polley said that staff met with SPUC and discussed options for the water main to serve Shutrup Park. Ms. Polley said that the City could put in their own well and septic tank at Shutrup Park when developed. She said that after going over the numbers the cost out weighs the need for the water casing to the park at this time. Consensus of Council was to not install sewer and water to the park and the park and ride site and that staff bring back a resolution for the CR 21 construction cooperative agreement in addition to the CSAH 17 corridor study resolution. Mr. Loney presented Council with a Request for Hansen A venue Petition. Mr. Loney said that Steve Soltau, Project Manager of Shakopee Crossings, is requesting the City for a petition for the completion of Hansen Avenue E, from CSAH 18 to Crossings Boulevard. Mr. Loney said the City and the County have been working together to solve the access issue for Shakopee Crossings East commercial development. The City and County have come to an agreement to allow a right in/right out access for Hansen A venue at CSAH 18 as long as it is a public street. Mr. Loney said that the city believes that it is in the best interest of the City to have the developer do this project as a private development project for the public improvements thus using his own finances versus the City's financing. Joos/Clay moved to not proceed with a 429 Public Improvement Project to construct Hansen Avenue, from CSAH 18 to Crossings Boulevard, and for that project to proceed as a private development project. Motion carried 5-0. Mr. Loney presented Council with the Consideration for Additional Work Associated with the 2009 Street Reconstruction, Project No. 2009-2. Mr. Loney said that each year property owners affected by the street reconstruction project request additional improvements to driveways and sanitary sewer services that extend beyond City right-of-way onto private property. Mr. Loney said that the City consulted with the City Attorney regarding these issues. The recommendation from the City Attorney is to allow driveway work by the City's contractor under an agreement with conditions prepared by the City Attorney. Staff does not believe it is in the City's best interest to take on the additional liability of installing sanitary sewer services on private property because of the high liability. Lehman/Joos moved directing staff to include driveway improvements outside the City right-of- way, as requested by property owners in the 2009 Street Reconstruction Project, contingent upon an agreement executed with the property owner as approved by the City Attorney. Motion carried 5-0. Official Proceedings of the March 17, 2009 Shakopee City Council Page -7- Ms. Polley presented Council with the Natural Resources Coordinator Position. Ms. Polley stated that in November 2008 the Natural Resources Coordinator position became vacant. She is asking the Council if they wish to fill the position for 2009 or wait until2010 to fill the position. Ms. Polley said that she has met with the Public Works Director to discuss various task completions. At this time the Public Works Department will complete the tree inventory that was started last year and work on a tree maintenance plan. They will also assist with tree plantings, disease tree management and native plantings. All development review, additional diseased tree management, public land encroachments and other required tasks will be completed by the Director of Parks, Recreation, and Natural Resources. Ms. Polley said that a Natural Resources Intern position will assist with tasks also. Some tasks will not be completed. Lehman/Heitzman moved to direct staff not to fill the Natural Resources Coordinator position at this time. Motion carried 5-0. Mark McNeill, City Administrator, presented Council with the Council Involvement with the Police Chief Selection Process. Mr. McNeill said that the Police Civil Service Commission received 19 applications for the Police Chief's position. The Police Civil Service Commission will provide an eligible list of three candidates to the City for further consideration. Those candidates will participate in management testing by an outside company on behalf of the City, and then some or all will be invited to interview with the City Administrator and department heads on April 14, 2009. Mr. McNeill asked the Council what involvement they wished to have. Consensus was to use the same process as was used for the Fire Chief's position; some members ofthe Council chose to interview the Fire Chief candidates individually and met separately to do so. Mayor Schmitt suggested that if any of the Council members are interested in interviewing the candidates that they contact Mr. McNeill. Mayor Schmitt mentioned that the Chamber of Commerce is hosting a breakfast with the Governor on March 25,2009 at Stonebrook. Joos/Heitzman moved to adjourn to Tuesday, March 24,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 10:54 p.m. ~J. G;c ~scox . y Clerk Kim Weckrnan Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL S.I-;~ :2 . ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 24, 2009 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Terry Joos, Matt Lehman, John Heitzman and Steve Clay present. Also present: Mark McNeill, City Administrator, Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Jolm Peterson, Telecommunications Coordinator; Bruce Loney, Public Works Director/City Engineer; Mike Hullander, Public Works Superintendent; and Ryan Bormann, GIS Specialist. Telecommunications Advisory Commission members present: Bill Anderson, Mark Hillegas, Michael Guncheon, Don McNeil and Corey McGamess. Joos/Heitzman moved to approve the agenda. Lehman/Heitzman moved to amend the motion to add to the agenda, Microsoft License Renewal. Motion carried 5-0. Motion carried 5-0 on the main motion as amended. Gregg Vox land, Finance Director, presented the Council and the Telecommunications Advisory Commission (TAC) with consideration of merging the Telecommunication and Recreation Funds into the General Fund. Mr. Voxland said that the Governmental Accounting Standards Board (GASB) sets rules for governmental accounting. GASB created a rule in which cities will now be required to consolidate Telecommunication and Recreation funds into the General Fund. Mr. V oxland explained the new accounting structure under the new GASB rule. Discussion followed. Clay/Heitzman moved to consolidate the Telecommunication Fund except for the PEG (public, education, government) fee into the General Fund for 2010. Motion carried 5-0. Clay/Lehman moved for a recess at 8:10 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:17 p.m. Bruce Loney, Public Works Director/City Engineer, presented Council and the T AC with a GIS update. Mr. Loney said that WSB & Associates, Inc. worked with the City to design the system and to be used as the GIS Coordinator. Mr. Loney discussed how the R&D funds from the TAC have been utilized with GIS. John Mackiwicz, GIS Coordinator/Consultant from WSB Associates, Inc., gave a presentation to the group of how GIS is being used in managing the assets in parks, street, sewer and surface drainage systems. Mr. Mackiwicz also gave an overview of the 2009 work plan. Ryan Bormann, GIS Specialist, demonstrated an example of the web application used with the GIS system. Mr. Loney updated Council on policies being developed by Public Works for street sweeping, sidewalk/trail, tree maintenance plan and storm drainage system maintenance. Official Proceedings of the March 24, 2009 Shakopee City Council Page -2- Mr. Loney said that the Minnesota Local Road Research Board (LRRB) has completed a report on sweeping practices. The report was used to develop the draft Street Sweeping Policy. Mr. Loney said the City is not doing as much sweeping as recommended by the LRRB report. He also said the best option for the City is to purchase another street sweeper rather than contracting, renting or leasing a street sweeper. Mr. Loney updated Council on the Sidewalk/Trail draft policy. Mr. Loney said the most significant change to the policy was adding the trails to the policy Mike Hullander then presented the Tree Maintenance Policy. Mr. Hullander discussed the tree trimming policy, planting guidelines for major corridors, and watering policy for park and boulevard trees. Mr. Loney presented Council with the Storm Drainage System Maintenance Policy. He said the draft policy has been formulated utilizing a LRRB on Stormwater Maintenance. Mr. Loney said the policy will be useful in scheduling maintenance activities and for reporting requirements associated with the National Pollution Discharge Elimination System program. Mr. Loney reviewed the recommendations ofthe 2003 Public Works Organizational Study and their status. He identified the additional duties that Public Works has taken on since the 2003 study. Mr. Loney presented three organizational structures for Council to consider which he believes will make the structure more efficient. He recommended trying organization chart 2 and that it be re-evaluated after six months. Mr. McNeill asked council members to consider the renewal ofthe city's Microsoft license service agreement and explained the cost savings if renewed before March 26,2009. Lehman/Heitzman moved to authorize appropriate city staffto renew the City's Microsoft License Service Agreement through SHI (Software House International) for an amount not to exceed $30,000 from the IT budget. Motion carried 5-0. Heitzman/Lehman moved to adjourn to Tuesday, April 7, 2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 10:21 p.m. I~J.~ a~th S. Cox City Clerk Kim Weckman Recording Secretary 6. ~. 2 . OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 7, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, Steve Clay and Terry Joos present. Also present Mark McNeill, City Administrator; Sarah Sonsalla, 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; Jamie Polley, Park, Recreation, and Natural Resources Director; and Mark Noble, City Planner. The Pledge of Allegiance was cited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked to add a corrected page 2 for 5.F.2 with the corrected amount for the bills. Joos/Clay moved to approve the amended agenda. Motion carried 5-0. In the Mayor's report Mayor Schmitt presented a plaque to Benjamin Adams for his seven years of service on the Telecommunications Advisory Commission. Mayor Schmitt said he also attended a ribbon cutting ceremony at Crossroads Medical Center and attended a breakfast held for the Governor at Stonebrook Golf Course. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Clay asked to remove 5 .E.3, City Code Amendment Regarding Compensation for Planning Commission Members. Lehman/Heitzman moved to approve the Consent Agenda as amended. Motion carried 5-0. Lehman/Heitzman offered Resolution No. 6890, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2009 Street Reconstruction, Project No. 2009-2, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to determine that the City of Prior Lake is the Local Governing Unit (LGU) for wetland impacts associated with the CSAH 83 project. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate officials to sign the "Recycling Program Agreement" with Scott County for the April 25, 2009, City Waste Clean-Up Day. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize staff to utilize the re-purchase agreement with Siemon Implement, Inc. on the 2007 John Deere 5425 Tractor and 2007 John Deere 1445 mower for the combined price of$11,459.40 with the funds to be expended from the Internal Service Equipment fund. (Motion carried under the Consent Agenda) Official Proceedings of the April 7, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to approve and authorize the appropriate city officials to enter into a cleaning contract with Plymouth Ridge, Inc. d/b/a Coverall Cleaning Concepts until December 31,2009 for Lions, Memorial, Hiawatha, Tahpah, Holmes, Huber, Scenic Heights Parks, and Soccer Complex at I 7th Ave. E. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6887, a Resolution of the City of Shakopee, Minnesota, accepting a $10,000.00 Trailer donation from the Fraternal Order of Eagles, to be allocated to the Shakopee Fire Department, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regrets, the resignation of Sam Mayberry from the Parks and Recreation Advisory Board, thank him for the contributions he has made for the residents of Shakopee and begin the process to fill the vacant position. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate city officials to enter into a contract with UCare to offer the Enhanced Fitness Program at the Shakopee Community Center. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6894 A Resolution of the City of Shakopee, Minnesota, Establishing a Policy for the HOPE Program, and moved its adoption. (Motion carried under the.Consent Agenda) Lehman/Heitzman offered Resolution No. 6895 A Resolution of the City of Shakopee, Minnesota, Adopting a Non-Employee Instruction Policy for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6896, A Resolution of the City of Shako pee, Minnesota, Adopting the Donations from the Heart Program, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize staff, upon approval of a fencing permit, to utilize a portion of the funds retained from the 1 ih A venue Sports Complex construction to install a fence and netting along I 7th A venue at the I ih A venue Sports Complex. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6897, A Resolution of the City of Shako pee, Minnesota Naming Royalty Neighborhood Park, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6898, A Resolution ofthe City of Shakopee, Minnesota Authorizing the City to Submit a Legislative-Citizen Commission on Minnesota Resources (LCCMR) Grant Program Application for the Quarry Park Project, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6888, a Resolution Amending the Personnel Handbook for Paid-on-Call Firefighters, and moved its adoption. (Motion carried under the Consent Agenda) Official Proceedings of the April 7, 2009 Shakopee City Council Page -3- Lehman/Heitzman offered Resolution No. 6889, a Resolution Amending the Family and Medical Leave sections of the Personnel Handbook for Employees of the City of Shakopee and the Personnel Handbook for Part-Time, Temporary and Seasonal Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of Michelle Herrera from the position of Records Technician with the Shakopee Police Department, effective Aprill5, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of$I,131,3l7.04. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of March 2, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6883, A Resolution Appointing Eric Burfeind to the Environmental Advisory Committee and Appointing Fatima Franzen to the Park and Recreation Advisory Board, and moved its adoption. (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. Orlin TeSlau, 4450 W. 132nd St., Savage, MN, advised Council that they are in the process of buying a home at 9115 135th St., Shakopee. Mr. TeSlau said he has an issue with a fire hydrant being right outside the driveway. He said it's a liability and a hazard and would like the City to move the hydrant. Bruce Loney, Public Works/Engineering Director, said the hydrant is actually a flushing hydrant and required by Shakopee Public Utilities (SPUC). Mr. Loney believes the hydrant was placed there because the property boarders the City of Savage property line. There are barricades around the hydrant to. minimize damage. Mayor Schmitt suggested referring the problem to staff for action. Mr. Loney said he would work with the property owners, look at safety and talk with SPUC to resolve the problem. Mayor Schmitt asked for Council liaison reports. Cnc1. Heitzman said he attended the Downtown Partnership meeting and discussed the ad hoc committee for economic development. Cncl. Lehman had nothing to report. Cnc1. Joos attended the SPUC meeting and went over the County Road 83 electric line relocation. There was also discussion about different street lighting on County Road 83. They also talked about the Hometown Wind Power project and also elected at new officers. Cncl. Clay had nothing to report. Mayor Schmitt asked to discuss the item removed from the Consent agenda. Cnc1. Clay asked to remove 5.E.3, City Code Amendment Regarding Compensation for Planning Commission Members. Cncl. Clay said that he would rather not make the stipend an option for the Planning Commission members because he feels they deserve the $50 per meeting. Cnc1. Clay said that if one of the Commission members doesn't want to receive the stipend, they could donate the money to their favorite charity. Official Proceedings of the April 7, 2009 Shakopee City Council Page -4- Lehman/Clay moved to leave the $SO.OO per meeting for Planning Commission members, in the City Code, as is. Motion carried 5-0. Mark Noble, Planner II, presented Council with the Preliminary Plat of Interstate Addition, Final Plat of Interstate Addition, and Conditional Use Permit for Truck/Trailer Service, Multiple Structures on One lot, and Exterior Storage in the Light Industry (I-I) Zone. Mr. Noble said the applicant is proposing to preliminary plat five industrial lots with a Final Plat of one lot and the balance in one outlot for future phases. Mr. Noble displayed aerial views and maps of the property. The applicant is proposing to construct a truck/trailer service facility on the property, with exterior storage of trucks and trailers, and multiple structures on one parcel with approval of a Conditional Use Permit (CUP). Mr. Noble said the proposed buildings consist of a 21,000 square foot office building and an 86,000 square foot office/warehouse/vehicle shop building. Mr. Noble said the applicant has also submitted and application for a text amendment to allow stand alone office buildings in the Light Industry Zone. The application will be reviewed by the Planning Commission on April 9, 2009 with a recommendation to be forwarded to the Council for action. Mr. Noble said the Planning Commission heard testimony on this item at their January 8th, February 5, and March Sth meetings. They have forwarded recommendations on the CUP and Preliminary Plat requests. Mr. Noble said that staff received a substantial amount of information from the residents in the neighborhood as well as the applicant. Mr. Noble presented Council the Preliminary and Final Plat as well as the CUP for Council review. The applicant has since requested that the hours of operation be extended to midnight, rather than 11 :00 p.m. Staff did not make this change as it is not consistent with Commission's recommendations. If Council desires any modifications for the draft Resolution, staff asks that the Council provide direction on any new, revised, or eliminated text for consideration at the April 21, 2009 Council meeting. Mr. Noble and Mr. Leek responded to questions from Council Members. Dave Glowa, Senior Vice President of Development for United Properties, 3S00 American Blvd. West, Bloomington, MN introduced himself as well as Jeff Caswell, CEO of Interstate Companies, Paul Holmes, Principal with Pope Associates Architectural Firm and George Burkhart, Associate with United Properties. Mr. Glowa presented Council with the background information on the sale of the property to Interstate Trucking. Mr. Glowa said that they were not a part ofthe team in 2006 when Interstate Trucking first proposed the development of land. After Interstate Companies was denied final plat approval and a CUP in 2006, they asked United Properties for their involvement in the development of the property. Official Proceedings of the April 7, 2009 Shakopee City Council Page -5- Mr. Glowa discussed what the plans for the property were in 2006 and how the concept of development of the property changed in 2009. Mr. Glowa highlighted the changes made to the plans such as realignment of the main building to the furthest point north, away from the adjacent neighborhood, on the property, the repositioning of the building so the truck bays were facing east and west, and screening of the developed property. Mr. Glowa also discussed insuring the adjacent neighborhood if damage is caused from micro- blasting the excavation site, noise issues, emissions and odor issues, lighting, traffic, and screening issues. Mr. Glowa asked to change two conditions in the CUP. The first are the hours of operation changing the closing time from 11 :00 p.m. to 12:00 a.m. and the second is operating with the doors open instead of closed as suggested by the Planning Commission. Lehman/Clay moved to recess for 10 minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:15 p.m. Mayor Schmitt explained that this meeting is not a public hearing but he is willing to allow members of the audience to speak regarding the Interstate Trucking Final Plat and CUP. Mayor Schmitt said the open forum is for new information only. Tom Hennen, 2353 Eastway Ave., discussed how Mr. Glowa has contradicted himself from the public hearings with the Planning Commission and the Council meeting. He does not believe that the proposed use should be in the I-I district. Jeff Pumper, 435AshStreet, discussed information that he presented at the Planning Commission meeting that didn't make it into the Council packet regarding property values. He also discussed that Interstate Trucking is a heavy industrial business in a light industrial zone and the hours of operation. Mr. Pumper also discussed the petition signed by 300 residents in the surrounding area who are opposed to the project. Paul Terizzi, 2114 Greenway Ave., discussed the contradictions in an editorial encl. Clay wrote in the Shakopee Valley News regarding the Asian Market concept. Mr. Terizzi stated that Interstate Trucking is not much different than the Asian Market proposal. Mr. Terizzi also talked about the truck traffic that will be created by allowing Interstate Trucking to move to the site. Stacey Pumper, 435 Ash Street, discussed the Vision statement for Shakopee that Council adopted and how Interstate Trucking does not fit into that statement. She discussed quotes that Cnc1. Joos made in previous Council meetings regarding truck traffic. She also discussed the discrepancies in Cnc1. Clay's editorial regarding the Asian Market compared to the Interstate Trucking project. Carol Schultz, Chamber of Commerce President, presented and read a letter written by the Chamber of Commerce regarding their general support for new businesses in Shakopee. Official Proceedings of the April 7, 2009 Shakopee City Council Page -6- Kent Ramthun, 2174 Pinewood, discussed his views that the Council and Planning Commission should look into other alternative heavy industrial sites for Interstate Trucking to run their business. Melanie Gezel-Rangel, 1847 Greenway Ave., presented the article written by Cncl. Clay and wanted it to be part of the meeting record. Fred Inman, 422 SpruceSt., discussed the location ofInterstate Trucking being across from Memorial Park and Historic Murphy's Landing. Mr. Inman asked that Council give the location of Interstate Trucking, across the street from historic landmarks, consideration when making their decision. David Hasbrook, 7124 Greenway Ave., discussed his concerns for the local snowmobile club if Interstate Trucking was located on the site and walking paths and sidewalks were installed. He said that this would create access issues to the trails at the river bottoms. City Attorney, Sarah Sonsalla, advised Council when making theirdecision regarding the Final Plat approval and the CUP that a conditional use is a land use designated in the City Zoning Ordinance that is specifically allowed so long as certain standards are met. The City Zoning Ordinance details those general standards that apply to all conditional uses and also specific standards that apply to a particular conditional use in a certain zoning district. If the proposed conditional use satisfies both the general and the specific standards set forth in the City Zoning Ordinance, that applicant is entitled to the Conditional Use Permit. The City would probably have no legal bases to deny the CUP if all the standards are met. She advised Council that they should take into account that neighborhood opposition alone is not a valid basis for granting or denying a CUP. She also advised Council's task is to evaluate how the CUP meets the ordinance standards. She also advised that Council can attach reasonable conditions related to the ordinance standards to a CUP. The conditions must be reasonable and they must be based upon factual evidence. Mr. Leek noted that conditional uses include vehicle repair, storage, more than one building on a lot and that they are listed in the City Code specifically. He stated that this application is different than the 2006 application. Joos/Clay moved to approve Resolution No. 6892, a Resolution Approving the Preliminary and Final Plat ofInterstate Addition, subject to the conditions as presented; and to approve Resolution No. 6893, a Resolution Approving a Conditional Use Permit for truck and trailer service, exterior storage and multiple structures on one lot, subject to the conditions as presented. Discussion followed. Council discussed changes to conditions for the Conditional Use Permit. The first is number 8 of the CUP regarding screening from all public right-of-ways and residentially zoned land. Council would like to see a berm of eight feet high on the south side with six foot trees on top of the berm. Official Proceedings of the April 7, 2009 Shakopee City Council Page -7- Number 26, hours of operation, was addressed. Council agreed that if Interstate Trucking operates passed 10:00 p.m., the bay doors to the shop need to be closed 10:00 p.m. to 7:00 a.m. per City Ordinance. Mr. Leek also suggested wording to include the maximum number of employees that can be called in to handle emergencies. Council agreed to hours of operation from 7:00 a.m. to 12:00 a.m. Council agreed to merge number 27, overhead service door closure, with number 26 outlined above. Council discussed number 28, no unattended idling of trucks in excess of 30 minutes. Ms. Sonsalla stated that any unattended idling vehicle is in violation of city code. A condition stating that an attended idling vehicle would be permitted.,Mr. Leek suggested similar language such as trucks shall not be idle in excess of 30 minutes and all times shall be attended. Council agreed with the langu~ge. Council discussed number 29, blasting shall be conducted consistent with the State and City code requirements. Council would like language incorporated into the CUP that would cover residential damage caused by any blasting. Mr. Leek suggested the project developer to provide specific contact and process information that can be shared with residents in the area including outside the 500 foot radius. This would allow residents to know that there is a process and a contact for making a potential claim if they have one. Cncl. Lehman asked that number 35, DOT horn testing be conducted on the north side of the property. Council agreed. Joos/Heitzman moved to table Resolutions 6892 and 6893, and directed staff to make the changes with the information given. Motion carried 5-0. Joos/Clay moved to extend the Council meeting to 11: 15 p.m. Motion carried 5-0. Bruce Loney, Public Works Director/City Engineer, presented Council with 13.A.l.a., Cooperative Agreement for C.R. 21 and Resolution No. 6899, A Resolution Permitting the Right-In/Right-Out Connection of Hansen Avenue to County Highway 18 (Future County Highway 21). Mr. Loney gave Council background on the CR 21 cooperative agreement and the connection of Hansen Avenue to future County Highway 21 that was reviewed by Council on March 17,2009. Mr. Loney also displayed diagrams and costs of the proposed project related to the agreement. Joos/Heitzman authorized the appropriate City officials to execute the Construction Cooperative Agreement for the C.R. 21 Extension Project between the City of Shakopee and Scott County. Motion carried 5-0. Joos/Heitzman offered Resolution No. 6899, A Resolution of the City of Shakopee Concurring with Scott County's Decision Permitting the Right-In/Right-Out Connection of Hansen Avenue to County Highway 18 (Future County Highway 21), and moved its adoption. Motion carried 5- O. Official Proceedings of the April 7, 2009 Shakopee City Council Page -8- Michael Leek, Community Development Director, presented Council with the Approval of Construction Cooperative Agreement for Bus-Only Ramp and Eagle Creek Station Park and Ride. Mr. Leek said that under the Memo of Understanding (MOU) the cities of Prior Lake and Shakopee would pay 40% and 60% of site acquisition. Since the property is now owned by SMSC, and the County has been negotiating a lease with them; Scott County will pay the lease costs for the land rather than the cities of Shakopee and Prior Lake. Joos/Lehman moved to authorize the appropriate City officials to execute the Construction Cooperative Agreement for the Eagle Creek Station and bus-only ramp as presented. Motion carried 5-0. Mr. Loney presented Council with a Resolution on CSAH 17/TH 13 Corridor Study and Establishing a Long Term Vision for CSAH 17/TH 13. Mr. Loney discussed the corridor study that was presented to Council on March 17,2009. Scott County desires to have a formal resolution approving the overall vision for CSAH 17 to be classified as a principal arterial with its main function to move traffic from the Scott County southern line to T.H. 169. Clay/Joos offered Resolution No. 6891, A Resolution of the CityofShakopee Approving the Study of County Highway 17 and Trunk Highway 13 Corridors Which Includes a Long Term Vision for the Corridor to be a Principal Arterial from U.S. 169 to the Southern Boundary of Scott County, and moved its adoption. Motion carried 4-1 which Cncl. Lehman opposing. Heitzman/Joos moved to adjourn to Tuesday, April 21, 2008 at 7:00 p.m. Motion carried 5-0. The Council meeting ended at ll:13 p.m. on April 7, 2009. n=x~'~ City Clerk Kim Weckman Recording Secretary