Loading...
HomeMy WebLinkAbout7. Approval of Minutes: February 03, 2004 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 3, 2004 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Link, Joos, Lehman and Helkamp present. Also present: Gregg V oxland, Acting City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Paul Snook, Economic Development Director; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; Tracy Schaefer, Assistant to the City Administrator and Dan Hughes, Police Chief. The pledge of allegiance was recited. The following item was deleted from the Agenda. Item No. 18 Recess for Executive Session to Discuss Labor negotiations. Helkamp/Lehman moved to approve the Agenda as amended. Motion carried unanimously. The following items were added to the Consent Agenda. 15.D.2 Authorize Payment for Easements for the 2003 Reconstruction Project No. 2003-3; 15.E.3 Acceptance of the Resignation of Russell Bradley and 15.F. 2 The Purchase of Four Full Size Squad Cars. The following Items were removed from the Consent Agenda. 15.A. 1 Emergency Vehicle Preemption System and 15. B.3 Joint Park and Recreation Advisory Board and City Council Meeting. Lehman/Helkamp moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Schmitt asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Lehman/Helkamp moved to approve the meeting minutes for January 6, 2004. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the bills in the amount of $505,549.08 plus $55,958.36 for refunds, returns and pass through for a total of $561,507.44. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Cncl. Joos noted he attended a Shakopee Public Utilities meeting (SPUC) and stated SPUC was working on getting the MMP A numbers to the City so those numbers could be approved. Cncl. Joos noted SPUC would be holding a special meeting with this item on that agenda so the City could get those numbers soon. encl. Joos noted the LED program with SPUC was completed and it had been a very successful program. Cncl. Joos noted the franchise fees were also talked . 'l*",~','"",,; t: ' '.: ' , , " , W.Y: '",":' ". , '".' '.'" .,."l.,!.' l.'.;., ,", '." ...."....".,,', !'HI':W,~"'"':<'"''''',''''''''' \.~,.t"",r.'~;",~";""'~"'L.!:r,";W"'''''''''~'''lG7.!\':''~,,"~','~!~;"I':"-':"~''''''''f;~ ;",'," ." ..,. "." ". '.'.\", '.' !.! ':" "; . .. ... ... . . . '.'" , , . . .: .. ..... ,. ."..... (."' I : . , !.:' CO " 1':.'.:':'~H!,":,""'''''.a!r."tN~:.~''''''.':;:'"''''':,r'~'.,,~-,\,:'~'."'i,~.,~"".E:':"""'Y',u~,I'~"'"\',:,,,,',:~,~,!>":" ,',,..,,, ~,'.' ,....;,' '.' '. '.... ,':' .-.:,; '''.1.! ,:,':l:T.'~;:'~" . Official Proceedings of the February 3, 2004 Shakopee City Council Page 2 about at the SPUC meeting; he thought the City may need to step in so the franchise agreement between Time Warner and the City of Shako pee could be settled and to help with the Excel Energy issue. Cncl. Menden noted he went to a School Board workshop and noted that there would be a public meeting February 10th at Sun Path School regarding the School Referendum on February 17th. He noted that he also attended the Vision Shakopee meeting. He noted that their annualb8.l1quet, which was a fundraiser, would be April 7th at Turtles in Shakopee. Cncl. Lehman noted he attended a Park and Recreation Advisory Board meeting (PRAB) and he noted the PRAB went over in depth the results of the citizens' survey regarding park/city issues. He noted the PRAB asked for ajoint meeting with the City Council to review and look at some of these issues in depth and get some direction. Cncl. Lehman noted the PRAB would like to update the Trail Master Plan; trail issues were discussed and some issues were arising. Cncl. Helkamp noted he attended a Chamber of Commerce Board meeting. He noted that the Convention and Visitors Bureau received two prestigious awards in marketing from the State. The rest of the meeting dealt with the standard financial review of financial statements. Mayor Schmitt recessed the City Council meeting for the purposes of conducting the Economic Development Authority Meeting at 7: 15 p.m. Mayor Schmitt re-convened the City Council meeting at 7: 17 p.m. Mr. Leek, Community Development Director, reported on the Preliminary Plat for Park Meadows located North of Valley View Road and east of Stag horn Drive. Mr. Leek noted there was a memo on the table tonight regarding this preliminary plat. Mr. Leek noted that there had been movement on this plat and there now was an agreement with the adjacent property owners as to the alignment of Thrush Street. A letter was also on the table noting the willingness of the adjacent property owner, Shakopee Gravel, Inc. and the applicant to have this preliminary plat move forward. Mr. Leek noted the particulars of the land swap between Shakopee Gravel, Centex Homes and Gonyea Land Company that would need to be agreed to in specifics but Resolution No. 6001 before the council tonight provided conditions that assured this would occur or the plat would not be recorded. Mr. Leek highlighted three items with which he spoke to Ms. Beverly Koehnen, an adjoining property owner, about. These issues regarded the proposed trail, drainage and the impact of ground water contamination. He noted the trail did not end at the beginning of Ms. Keohnen's property and it was his understanding this trail was not going to be constructed initially; this trail was proposed to provide a connection to the properties to the east in the future. The trail would be graded but there would be no asphalt laid down. City Engineering staff and WSB & ......" ~._.':''-'''''''''':':_.:'.',''.''''''':.':'':'.",,_.'''' ,.-.,.....-".:.:..,..""..,.,.".,.'.,.,.-" ,'" ",",''''"''''''':.'i'''""."",,,",,..:,,,,.,, :"~'. '''. :"C:':,""" ","",''''"".,., ,," . . ". .'.' .. ,"..,,,,,,.,, .,.._.,."."..,_.,.",.,......".....".,..,.::,.."",."""....",:~"'C<,',.".:.,:..,.,.,~:,.,.,., .." c" ".. .,'..n.".."~,."',.,,_.,,,,:.,"''":,.<,.,..,.....,. ..,,,.,,,.,-......,...,.,,,.,,....,-,.,,,..,,.:',.,.. Official Proceedings of the February 3, 2004 Shakopee City Council Page 3 Associates, Inc. had very carefully looked at the drainage plans and were comfortable with the developers' plans. Mr. Leek noted there was no evidence of ground water contamination at this time; SPUC was having the water at the Shakopee gravel pit monitored regularly checking for ground water contaminants. Mr. Leek noted, that at this time, staff was recommending that the preliminary plat be approved with conditions. It was noted that the City Attorney had reviewed the conditions prior to the first time this issue was before Council. Mr. Leek noted that in his opinion there had been a small diesel spill on the Shakopee Gravel property; this spill was being looked at by the Department of Health. He was not aware of other possible contaminants in the reports received by the City and by SPUC from Shakopee Gravel, Inc. Mr. Leek noted that he did not think a large amount of parkland would be required from the properties to the east, so this trail cOllilection could connect up to the eastern properties in the future and those residents would possibly have access to parkland in this development. Mr. Leek noted that the City did not anticipate that this trail would be constructed until there were properties developed to the east. Mr. Loney, Public Works Director/City Engineer, noted that a condition should also be included in Resolution No. 6001 that stated the developer must petition for the construction/improvements for Valley View Road and waive their right to an assessment appeal. There was standard language for this type condition. LehmanJJoos offered Resolution No. 6001, A Resolution Of The City Of Shakopee, Minnesota Approving The Preliminary Plat Of Park Meadows, and moved its adoption with the additional condition that the developer petition for improvements to Valley View Road and waive their right to an assessment appeal. Mr. Leek stated there were no proposed variances to this single-family plat for setback, right-of- way, road width or lot dimensions. He noted the zoning was R-1B. Motion carried unanimously. Steve Ach, representing Centex Homes, approached the podium and noted the slight realignment of Thrush Street because of the land swap with Shakopee Gravel Inc. He wanted to make the Council aware of the slight adjustment. Mayor Schmitt noted his disappointment with the curve . ......,.,......".\. .:"<....,'....,...."....""""'...:.,....,,.....,......,,,.,.., . .,..................". . "". ..... ..-.,...,"," '. ...",..",,;,....,.,. .. ..,.........,....,.,...., ."""...'..",'.'.",.... .,."..........\'.,..........',.-..'... Official Proceedings of the February 3, 2004 Shakopee City Council Page 4 in the new alignment. Mr. Loney, Public Works Director/City Engineer noted he was comfortable with the new street alignment. Dan Hughes, Chief of Police, reported on the emergency vehicles preemption system (EVPS). This was a request from the Fire Department as well as the Police Department to begin the installation design for the EVPS for County Road 101 and Stagecoach Road. He noted the only other semaphore in the City of Shakopee that was not similarly equipped was at Scott Street and County Road69. The EVPS allowed emergency vehicles to have a green light. The Police Chief, as well as, Terry Stang, the Fire Chief, supported the removal of the semaphore at Scott Street and County Road 69 because that current signal light could not become EVPS friendly without a huge cost because of the age of the equipment. The Police Chief noted that funds were budgeted in the Fire Departments' budget to have the EVPS at the semaphore of County Road 101 and Stagecoach Road. It was noted Scott County was considering taking the stop signal out at Scott Street and County Road 69 in conjunction with the redesign of Fuller Street. The Police Chief noted that the semaphore of Fuller Street and County Road 69 was already EVPS ready. Mayor Schmitt was concerned for future traffic on County Road 69 and he would like to see EVPS wherever possible or at least a red light for when emergency vehicles are present. It was noted that the intersection at Scott Street and County Road 69 no longer met warrants for signalization; if in the future a study was done and this intersection again met warrants for signalization the County would need to put in a signal. The City would come out better fmancially taking the signal out now and reinstalling a signal later if that needed to be done. Lehman/Helkamp moved to authorize the appropriate City officials to enter into an agreement with WSB for the installation design of the Emergency Vehicle Preemption System for County Road 101 & Stagecoach Road, and obtain quotes for the equipment and installation. Motion carried unanimously. Lehman/Helkamp moved to authorize the appropriate City officials to enter into the 2004 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $4,200 from the drug forfeiture account. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the appropriate staff to send out Request For Qualifications for Architectural Services for a new park building at the new Soccer/Athletic Complex on 17th A venue. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the revised fitness equipment purchase from Push Pedal Pull and FreeMotion in the total amount of $30,710.87. (Motion carried under the Consent Agenda). ... .... ",:.,,"1'" '.'.1..1....<......,.;..."......, ...,.....,....,..,."..... ...,.".:......n.".,'......,...."..,..,..,... .' '...........,<"" '...,..,........ . .. . . ....."...'..,,,..,,..,.,,...... ' . . . . ,...,. .':.',1.." ".',.... . .." .. .,. ....,,, ...,.,.~".'. ." "...." .)."".',<'.'.',.", ......... '."..,., . '.' "n..'.. ,.~...' Official Proceedings of the February 3, 2004 Shakopee City Council Page 5 Cncl. Lehman recommended that the start time for the joint meeting between the PRAB and the City Council be 6:30 p.m. rather than the 6:00 p.m. start time as recommended. Mr. Themig noted there was a PRAB meeting that night that would start when this joint meeting ended; he was concerned that an hour would not be long enough for the joint meeting. He suggested the meeting be 6:30 p.m. to 8:00 p.m.; the PRAB could start their meeting at 8:00 p.m. Lehman/Helkamp moved to approve a joint workshop between the City Council and the Park and Recreation Advisory Board (PRAB) be held Monday, February 23rd, from 6:30 p.m. to 8:00 p.m. in the City Council Chambers. Motion carried unanimously. Mr. Leek, reported on the proposed updates to the Transportation and Stormwater Management Plans. These plans were last updated in 1997 and 1998 and with the proposed growth/growth of the City these plans really needed to be updated. He noted that the City was contemplating doing a Strategic Planning exercise but he really felt these two plans needed to be updated now. Mr. Leek showed the overall land use plan via the document camera. He noted approximately 150 acres had all ready been annexed into the City of Shakopee from Jackson Township and applications for re-guiding and rezoning for this annexed area had been submitted to the Metropolitan Council; the land owned by the School District in the City of Shakopee and proposed for a new school could also affect the transportation routes of the City. Mr. Leek thought it was time to analyze the operations of stormwaterdrainage and transportation within Jackson and Louisville Townships further out than 2020. The projected completion date for the Stormwater Management plan was July of2004 with an approximate cost of$23,600 and the projected completion date for the Transportation Plan was September/October 2004 with an approximate cost of$43,500. Mr. Leek thought the time to do these plans was long enough out, that if there were significant shifts in thought coming out of the strategic planning process that these updates could be slowed down and these new thoughts could be incorporated in the respective plans for a small cost. Mr. Leek noted that he met with Scott County and they indicated that they would like the City to continue the study on 17th A venue from Marystown Road/County Road 15 to the west. Mr. Leek noted Scott County would be willing to participate in the cost of the study. Mr. Leek noted there were some stormwater issues that the City knew about that needed to be addressed with this plan and there were some stormwater issues with the land that was annexed from Jackson Township that needed to be addressed. Mr. Leek stated waiting until 2008 when the City was required to do a study just was not acceptable with the amount of growth in the City and the County. Mr. Leek and Mr. Loney gave some rationale as to why the costs where so high to have these two studies done. Mr. Leek thought strategically this plan may be useful in explaining to the State how the area around 69/169 would work most effectively. Mayor Schmitt was of the opinion that the area around 69/169 needed to be planned and strategized in conjunction with the highway department because of their desire to put a facility in that area and -..... ........ "..m ..".....""'_u_. .._..__... .......... ..........._uo...... .........- ....... ........................... Official Proceedings of the February 3,2004 Shakopee City Council Page 6 in conjunction with Scott County because Mayor Schmitt thought the County would want 17th Avenue to go all the way to Hwy 41 if the land corridor could be kept open, Mayor Schmitt would like to see the study controlled and the term set and the collection of the data done in such a way so no backtracking would be required when the strategic planning and Comprehensive Plan were done. Mr. Leek felt he could work this study and terms out with WSB & Associates as the Mayor suggested. Cncl. Lehman noted he was not willing to pay for the facility for the State Highway Department but he also thought it was a great to have this study done before the developers started asking for approvals. He thought this was a great opportunity. Mayor Sclunitt wanted the public's input in this area regarding the 69/169-roadway issue. Lelunan/Joos moved to authorize the appropriate City officials to execute an agreement with WSB & Associates, Inc. for updates to the Transportation and Stormwater Management Plans at a cost not to exceed $43,500 and $23,600, respectively. Cncl. Menden clarified that these studies would be started, the initial data will be gathered with possible models run and then there would be a pause to see where the City was with other plcuming strategies. Mr. Leek concurred with this statement. Motion carried unanimously. Helkamp/Menden moved to authorize the preparation of a letter of support to Scott County for the removal of the traffic control signal system at Scott Street and County State Aid Highway 69, upon the modification of the signal at Fuller Street and County State Aid Highway 69. Motion carried unanimously. LehmanlHelkamp moved to authorize payment of $6,200 to William A. Hauer and Renelda D. Hauer, the owners of Parcel No.2 (P.LD. No. 27-906028-2) and payment of$14,000 to Shakopee Cemetary Association, the owner of Parcel No.4 (P.LD. No. 27-905019-0) and payment of$14,000 to Randolph J. Kubes and Lisa Marie H. Kubes, owners of Parcel No. 10 (P.LD. No. 27-068004-0) for easements associated with the 2003 Reconstruction, Project No. 2003-3. (Motion carried under the Consent Agenda). LehmanlHelkamp offered Resolution No. 6007, A Resolution Accepting Work On 17th Avenue, From County Road 79 To Colonial Street, Project No. 2002-1, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney reported on the City's consideration of obtaining advanced financing from Mn/DOT from Mn/DOT's State Aid Construction Account. Mr. Loney stated the City of Shakopee was a Municipal State Aid City and did received State Aid Funds from MnJDOT for City Roadways that were on the State Aid System. He noted several roads in the City that were on the State Aid -- ............................... ............... .... ........-............................. .. H. ..................."......h.. ............. Official Proceedings of the February 3, 2004 Shakopee City Council Page 7 System that were going to be constructed this summer. Two such roadways the City would be constructing in 2004 were 4th A venue, from Naumkeag Street to Shenandoah Drive and Viking Steel Road, from 4th Avenue to County Road 101. Mr. Loney explained what these State Aid dollars could be used on and how/when they needed to be repaid. . Mr. Loney noted the State put together an incentive to get Cities to build streets and this was the advancement of State Aid Funds. A city needed to qualify for these funds; this advancement could be up to five times the previous years construction allotment (which for Shakopee would mean $2,690,000) and this advancement of money was interest free. Mr. Loney stated the advantage of using this type money was that the money could be used on State Aid roadways now rather than waiting for the money to be allocated; if there were excess funds, the excess funds could be put into the City's capital improvement fund and interest could be earned on the excess funds until the money was need for other State Aid streets in the City. This was a financial tool for Cities to use. Mr. Loney stated the Council needed to pass a resolution for the City to get into this program so the funds could be advanced. Mr. Loney stated the City had over a million dollars available for State Aid items and Mr. Loney noted the City had approximately $900,000 they wanted to spend on State Aid items. Helkamp/Menden offered Resolution No. 6009, A Resolution Requesting Approval Of Advanced Financing On Approved Municipal State Aid Projects In The City Of Shakopee, and moved its adoption. Cncl. Joos noted that the projects that Mr. Loney was proposing to use these advanced State Aid funds on were critical projects for the City and these projects had been looked at for a long time. With the growth of the City it was imperative that these projects get done. This would be money well spent. Motion carried unanimously. Lehman/Helkamp moved to acknowledge the satisfactory completion of probation and authorize the retention of Corey Schneck as Police Officer effective February 10, 2004. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6005, A Resolution Of The City Of Shako pee Minnesota, Amending Resolution No. 4321, Adopting A Personnel Handbook, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to accept Russell Bradley's resignation. (Motion carried under the Consent Agenda). .................,........__............._............ . ..............".........,."""".__.._""..'".. "".'h..._.'.......... "no... ..... ___.._.... ........... e" "'00' .. ...... ..--........ Official Proceedings of the February 3, 2004 Shakopee City Council Page 8 Ms. Cox, City Clerk, reported on the proposed regulations for Massage Therapy. She noted that Ms. Amy Snyder, of Knead It Or Knot Massage & Bodywork, requested at the December 16, 2003 City Council meeting that the requirement of licensing for massage therapists who work for and under a licensed massage center be eliminated. After discussion that evening, staff was directed to prepare an ordinance repealing in entirety the licensing of massage centers and massage therapists. Ms. Cox stated staff had prepared such an ordinance (Ordinance No. 696) that would repeal licensing of massage centers and massage therapists under City Code. Ms. Cox also stated that if this ordinance was approved staff was recommending that the 2004 fees all ready paid be refunded to all licensed massage therapists and massage centers upon surrender of their massage therapist or massage center license. Ms. Snyder noted there were several discrepancies with the previous ordinance and she thought this was why the City Council gave the direction they did. She stated even though she had been requesting licensing of massage therapists only be eliminated she did support the Council's direction. Cncl. Lehman noted that he did not agree with the total elimination of the ordinance, on record now, regulating massage therapists and massage centers. He would like to see massage centers still be required to have a license. Cncl. Helkamp thought both licensing requirements needed to De eliminated. Helkamp/Joos offered Ordinance No. 696, Fourth Series, An Ordinance Of The City Of Shakopee Repealing Section 6.40, Massage Centers And Saunas And Section 6.41, Masseur and Masseuse License, and moved its adoption. It was noted that the present ordinance has been modified many times. Mayor Schmitt stated he was quite comfortable with holding the owner responsible for the massage therapists. Cncl. Helkamp thought the Ordinance on the record now was unsatisfactory; it had been modified so many times. There was nothing left to enforce. He felt the consumer could govern this type business. Cncl. Joos did not see a benefit to having the current ordinance any longer. Chief Hughes noted the current ordinance was not unreasonable and the Police Department sees the regulations as a reasonable attempt to ensure the safety of the businesses and customers. Motion carried 3-2 with Cncl. Lehman and Mayor Schmitt dissenting. Helkamp/Lehman moved to authorize the refund of 2004 license fees to massage therapists and massage centers upon surrender of their license. Motion carried unanimously. .. .. ............._...._.......... .................._....... ........,............_....... ..m.........".....,...__........................................ .. _...n...... ..... ... .................. ................_....................... .....n............__............... ,",-, .... .............-......-~"_...... ..................--....... Official Proceedings of the February 3, 2004 Shakopee City Council Page 9 Lehman/Helkamp moved to authorize the purchase of four full size police squads from Superior Ford in the amount of $84,024, in accordance with the State of Minnesota automobile contract # 432130. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 14,2004 and July 24 and 25, 2004. (Motion carried under the Consent Agenda). Lehman/Helkamp offered Resolution No. 6008, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Registered Land Survey No. 184, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to make nominations to Boards and Commissions: Shakopee Public Utilities Commission: Joan Lynch and Gary Ambach; Police Civil Service Commission: Doug Forsman, Joseph Schmidt, and Thomas Steininger; Park and Recreation Advisory Board: Eric Nutter, Robert Root, and Brian Madden; Building Code BOAA and Housing Advisory and Appeal Board: Dave Limberg; Planning Commission/BOAA: Mary Romansky and Mike Willard; Telecommunications Advisory Commission: Michael Guncheon, Don McNeil, and Benjamin Adams; Environmental Advisory Committee: Kate Lease. (Motion carried under the Consent Agenda). Mayor Schmitt noted there were two recommendations for meeting dates from Mr. McNeill, City Administrator, for a daytime or a Saturday workshop to be facilitated by Mr. Salverda, former Ramsey County Commissioner, for a goals and objectives workshop. The earliest daytime date this workshop could be held was March 8, 9, 10, 11 or 18, 2004 or a Saturday date could be April 3 or 17,2004. Several councilors preferred to have the meeting on a Saturday so they would not have to take a day off work without pay. Joos/Lehman moved to have the goals and objectives meeting to establish the Councils goals for 2004 with Mr. Salverda on April 3, 2004. Motion carried unanimously. Lehman/Helkamp moved to authorize the appropriate City officials to extend the cleaning contact, under the same terms and conditions, with Coverall Cleaning Concepts until April 16, 2004. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to authorize the appropriate officials to execute the Sentence to Service Joint Powers Agreement with Scott County. (Motion carried under the Consent Agenda). Official Proceedings of the February 3, 2004 Shakopee City Council Page 10 Lehman/Helkamp offered Resolution No. 6010, A Resolution Of The City Of Shako pee, Minnesota, Approving Premises Permit For American Legion Post 2, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos moved to adjourn to Tuesday, February 17,2004, at 8:00 p.m. at City Hall in the Council Chambers. Motion carried unanimously. The meeting adjourned at 8:30 p.m. C)~Jd~ j . {JI J1+ ith S. Cox v City Clerk Carole Hedlund Recording Secretary