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HomeMy WebLinkAbout7. Aprroval of Minutes: May 06, 2003 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA MAY 6, 2003 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, Joos and Helkamp present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Gregg V oxland, Finance Director; Paul Snook, Economic Development Coordinator; Jerry Poole, Deputy Chief of Police; Terry Stang, Fire Chief; Mark Themig, Facilities and Recreation Director and Tracy Schaefer, Assistant to the City Administrator. The pledge of allegiance was recited. The following item was deleted from the agenda. 10. Presentation by Representative Michael Beard, District 25A, on Legislative Issues. (Unavailable to attend.) The following item was added to the agenda. 15.C.5 Extension of Copy Machine Lease Agreement for the Police Department. Joos/Helkamp moved to approve the Agenda as amended. Motion carried 5-0. Mayor Mars reported that on April 22, 2003 he attended the Shakopee showcase and thought it was very well attended by the residents. There were many City organizations that participated and there was much valuable information there. Mayor Mars noted that on April 28, 2003 he attended the new alliance for towns around Scott County. A name was picked for this committee Scott County Association for Leadership and Efficiency (SCALE). Mayor Ron Jabs of Jordan is the Chairman of this committee. On April 29, 2003 the Council toured the new police station and the two fire stations. Mayor Mars noted that on May 6, 2003 he spoke at a senate tax committee regarding the Racino proposal on the senate side. There was testimony taken but no voting occurred that day. It was noted that May 8, 2003 would be the City of Shakopee, Savage and Prior Lake auction. The following items were added to the Consent Agenda. 15.B.3 Application for Permit under NPDES Phase II Rule; 15.C.5 Extension of Copy Machine Lease Agreement for the Police Department; and IS.F.3 Establish Council Workshop to Discuss Multiple Family/SFR Housing Issues. The following items were removed from the Consent Agenda. 15.A.l Final Plat of Whispering Oaks lying south of County Road 16 and east of County Road 18 and I5.C.3 Resignation of Firefighter Craig Nelson. Lehman/Joos moved to approve the Consent Agenda as amended. Motion carried 5-0. Official Proceedings of the May 6, 2003 Shakopee City Council Page -2- Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. Harry Weinandt, 1259 Maxine Circle, approached the podium to address the Weinandt 1 st Addition street improvement scheduled for 2004. Mr. Weinandt noted all residents in Weinandt 1 st Addition signed a request that City Council review the roads in that area and try to move the street improvements up to 2003. Staff was directed to look into this request and then to get back to Mr. Weinandt. Mr. McNeill noted that a faxed letter had been received by the City from Sharon Azer, resident ofWeinandt Acres, stating that she was opposed to any street improvements that would place the cost of the improvements on the residents. Lehman/J oos moved to approve the meeting minutes for March 11, 18, and 31; and, April 1 and 7,2003. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the bills in the amount of $1,602,529.27 plus $83,978.90 for refunds, returns and pass through for a total of $1 ,686,508.17. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Mayor Mars opened the public hearing on the proposed improvements to 4th A venue, Viking Steel Road and Cavanaugh Drive, Project No. 2003-3. Mr. Loney, Public Work Director/City Engineer, reported on the proposed street reconstruction projects for 4th A venue, Viking Steel Road and Cavanaugh Drive. He noted that a feasibility report had previously been ordered by the Council and was presented to Council on Apri115, 2003. Mr. Loney stated staff did hold an informational meeting for the property owners on this project; eleven people attended. Most of the attendees were from Canterbury Pointe. There were some issues that were brought up. Mr. Loney reports that the project was broken up into four segments. These four segments were: 4th Avenue, from Naurnkeag Street to Marschall Road; the purpose for this segment of the project was to mill and overlay the existing pavement, to repair a sanitary sewer that the City needed to repair and extend the sanitary sewer with the total cost being $93,000; segment two: 4th Avenue, from Marschall Road to Shenandoah Drive; the purpose of this segment was to reconstruct 4th Avenue to a 44 foot wide road (old rural section of a county road), curb and gutter, storm sewer, sidewalk (south side) and trail (north side) with possibly some water main extension with a total cost of $1.4 million; segment three: Viking Steel Road ((possibly renamed Sarazin Street); the purpose of this segment was to install sewer and water for some properties, extend some water main and to create another 36 foot wide collector street, curb and gutter, storm sewer, and sidewalk and trail with a total cost of $1.26 million; segment four: Cavanaugh Drive; the purpose of this segment was to reconstruct Cavanaugh Drive in front of Rubber Industries and Northland Forest Products to a 9-ton road (still remaining a rural section) with a storm water Official Proceedings of the May 6, 2003 Shakopee City Council Page -3- pond constructed on City property in this area. This storm water pond would be utilized for a storm water drainage system for Viking Steel Road and some other parcels as needed with a total cost being $80,000. Mr. Loney noted the cost of improvement Project No. 2003-3 was $2.8 million. Based on the assessment policy 25% of the reconstruction street cost was assessed, 100% of the curb and gutter was assessed where curb and gutter was not existing, 25% of the storm sewer and any new sanitary sewer or water main, as well as, their services were assessed 100%. The City was picking up the cost of the sidewalks and trails, railroad crossing, storm water pond and 75% of the street reconstruction costs. Mr. Loney noted what funds were responsible for the City costs. Staffhas identified some issues with Project No. 2003-3 that Council should be aware of. These issues are: Possible berm along 4th Avenue for Canterbury Pointe because of traffic and truck traffic (not included in feasibility report but Council may want to direct staff to do [may ne.ed more right-of-way and easement]), possible undergrounding of existing overhead power lines, traffic (state aid road - can't prohibit trucks from using), project costs to the City (quite high), assessments to property owners (Mr. Loney recommended a benefit appraisal for the Kelley Fuel parcel [letter from his attorney objecting to assessments] in segment 3) and the timing of improvements (designing and utilities construction would probably be this year and most street construction would be next year). Mr. Loney noted that included in WSB & Associates proposal for design was the use of a land acquisition company; the City thought this was very appropriate for this project. Mr. Loney was recommending an amendment to the feasibility report, to approve an extension agreement with WSB & Associates for design, approve and adopt Resolution No. 5885 and direction whether or not a benefit appraisal should be done for the Kelley Fuel parcel. Mr. Loney explained the hows and whys of the assessment process and the benefits of the project to the property owners. Mayor Mars asked for audience participation. Norm Brausen, Boardmember of Canterbury Pointe Townhome Association, approached the podium and asked if the 30-mile speed limit could be retained on 4th Avenue after the reconstruction of that road was finished. Mr. Loney addressed this question. Mr. Brausen also asked about the number of streetlights and their placement. Mr. Brausen was basically in favor of the project. Vern Kelley, Kelley Fuels, approached the podium and stated he was not against the project, he just thought his assessment was too high. Mr. Kelly stated he was doing a benefit appraisal on his own. Mr. McNeill noted that a letter had been received from Mr. Kelley's attorney objecting to the special assessments on the Vernon Kelley property located at 1644 East Highway 101 in Shakopee. Official Proceedings of the May 6, 2003 Shakopee City Council Page -4- Marlys Flanigan, Canterbury Pointe, approached the podium and asked about snowmobiles being on the sidewalk in the wintertime. Mr. McNeill addressed this ongoing issue with snowmobiles. She was for the project in general. She really liked the concept ofthe sidewalk. Bill Hauer, 1426 East 4th Avenue, approached the podium and noted his assessment was not to bad this time. He also wanted to know what he would get for his property for right-of-way. Mr. Loney stated this value was yet to be determined. Mr. Hauer noted he was for the project. Carl Gantriis, Pinewood Estates, approached the podium with a concern that much of 4th Avenue was on bedrock and he was concerned about possible damage from the dynamite used. He was also interested in knowing if water would be coming to Shenandoah because they already had water. Mr. Loney explained about the water. Mr. Gantriss noted he was for the project. George Berkards, United Properties, approached the podium and stated he was generally for the project. His property really did not require the extension of Sarazin Drive or Viking Drive but he was going to be a neighbor. Dick Pyle, representing Northland Forest Products, approached the podium and noted the City asked for an easement across his property to facilitate a sanitary sewer. Mr. Pyle wanted Northland Forest Products included in the storm sewer pond that would be constructed directly north of his property. They were planning on future expansion. If the size of the pond needed to be made larger he stated he would share in his fair portion of the costs. Mr. Loney addressed this request to be included in the pond users. Mr. Loney stated he just was not surel at this point, if there would be enough capacity even if the pond were expanded in size. He could not commit at this time. Mr. Pyle stated he was for the project. Ken Frey, 438 Sarazin Street, president of Canterbury Point Association, approached the podium and asked the tonnage of reconstructed 4th Avenue. It was noted that this would be a 9-ton road according to state aid requirements. Mr. Frey felt the road was mainly broken up because of truck use. There were many close traffic calls. He would like a four way stop at Sarazin Street and 4th Avenue for safety reasons. He and the association were supportive of the project. Kari Kes, Vice President of Prairie Bend Homeowners Association, approached the podium and noted that the name Klingelhutz was listed incorrectly on the assessment report and she also wanted to acknowledge that she was for the improvement. She agreed that there needed to more stop signs on 4th Avenue for safety purposes. Mayor Mars called for more audience participation. There was no more response. Joos/Lehman moved to close the public hearing. Motion carried 5-0. Official Proceedings of the May 6, 2003 Shakopee City Council Page -5- Joos/Lehman offered Resolution No. 5885, A Resolution Ordering An Improvement And Preparation Of Plans And Specification For 2003 Reconstruction Project No. 2003-3, and moved its adoption. Cncl. Link noted the undergrounding of the overhead power lines at Shakopee Public Utilities was still an unresolved issue. Mr. Loney noted this was an issue that a decision did need to be made on at some point. He stated he would probably be bringing this issue back before the Council in the middle of the design phase for Project No. 2003-3. Motion carried 5-0. Lehman/Link moved to authorize the appropriate City official to execute an extension agreement with WSB & Associates, Inc. for surveying, preparation of easements, right-of-way acquisition and design engineering services as necessary for this project. Motion carried 5-0. Helkamp/Joos moved to authorize staff to proceed with a benefit appraisal for the Kelley Fuel parcel. Motion carried 5-0. Lehman/Joos moved to approve the amendment to the feasibility report to show the proper names, legal descriptions and corrections of assessments as found by staff. Motion carried 5-0. Mayor Mars opened the public hearing on the proposed improvements to Valley View Road from the east plat line of Pheasant Run 6th Addition to the east plat line of Greenfield, Project No. 2003-4. Mr. Loney opened the report on these improvements to Valley View Road. He noted that WSB prepared the feasibility report and Brent Weise ofWSB would present that report. Bret Weiss, WSB & Associates, approached the podium to give the feasibility report on the Valley View Road extension improvements - Project No. 2003-4. Mr. Weiss noted the improvements were: 1) Valley View Road was proposed to be 44 feet in width (state aid road) with curb and gutter, 2) sidewalk and trail, 3) storm sewer, 4) water main extension, 5) sanitary sewer stub, 6) street lights, 7) power lines proposed to stay overhead but relocated. Mr. Weiss noted that the total project costs was approximately $675,000. The funding for this project would be thru assessments and there would be some City costs with Shakopee Public Utilities paying their share. Mayor Mars asked for audience participation. John'O'loughlin. 2988 Valley View Road, approached the podium and wanted to know ifmore easement would be required. Mr. Weiss noted that the only thing needed was a temporary Official Proceedings of the May 6, 2003 Shako pee City Council Page -6- construction easement, possibly a drainage and utility easement, and a permanent easement for the stub locations. Mr. O'Loughlin noted that he was for the project. Mayor Mars called for more audience participation. There was no more. Lehman/Joos moved to close the public hearing. Motion carried 5-0. Joos/Helkamp offered Resolution No 5886, A Resolution Ordering An Improvement and Plans And Specification For Valley View Road, From The East Plat Line Of Pheasant Run 6th Addition To the East Plat Line of Greenfield Project No. 2003-4, and moved its adoption. Motion carried 5-0. Lehman/Helkamp moved to authorize staff to execute an extension agreement with WSB & Associates, Inc. for surveying, preparation of easements, easement acquisition and design engineering services as necessary for this Project No. 2003-4. Motion carried 5-0. Mayor Mars opened the public hearing on the proposed vacation of alley in the block lying north of 4th Avenue and west of Holmes Street. Mr. Leek, Community Development Director, reported on the proposed vacation requested by Scott County. Mr. Leek noted that this alley vacation was located in Block 48 in the plat of the City of Shakopee. This vacation was requested for the purpose of constructing the new Scott County Jail. Mr. Leek oriented the vacation site via an overhead. Mr. Leek noted that the Planning Commission had reviewed and recommended approval of this vacation. Mr. Leek stated that in Resolution No. 5877, the resolution approving this request, there are conditions and one of these conditions notes there are utility easement agreements that needed to be worked out with Scott County and Centerpoint Minnesgaso, Scott County and Time Warner Cable and Scott County with Shakopee Public Utilities Commission. The vacation of the alley would not be recorded until these agreements were worked out. Mr. Leek noted that he did receive a letter from Centerpoint Minnegasco indicating that there was an agreement with them and Scott County. Don Fehr, Scott County, approached the podium and noted that he had a verbal agreement with Time Warner Cable. He noted that he had either verbal or written agreements with all the parties. He would provide Mr. Leek the documentation that he was looking for so the vacation of the alley could be recorded. It was noted that these agreements would be at County cost. Mayor Mars called for more audience participation. There was no more. Joos/Helkamp moved to close the public hearing. Motion carried 5-0. Official Proceedings of the May 6, 2003 Shakopee City Council Page -7- LinklHelkamp offered Resolution No 5877. A Resolution Of The City Of Shakopee Vacating Of Public Right-Of-Way (Alley) Block 48, City Of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried 5-0. Cncl. Helkamp reported that he attended the Chamber of Commerce meeting. Cncl. Helkamp noted the Chamber of Commerce was excited to work with the Economic Development Authority and the Economic Development Advisory Committee regarding a Business Retention and Expansion Survey. The Chamber of Commerce also presented the new design for the pole banners. Cncl. Helkamp noted the pole banners got changed out annually. Cncl. Link reported on the Shakopee Public Utilities Commission (SPUC) meeting. He noted three resolutions were passed to increase SPUC's fees for services. He noted that these fees had not been changed since 1993. Cncl. Link noted that SPUC was looking at very hefty increases themselves. Cncl. Link noted the costs for developers and he thought the developers should be aware of these new costs. Cncl. Link noted that SPUC had contracted for the first phase of their water storage tanks out by the Muhlenhardt Addition. A water policy was also going to be adopted by SPUC. This water policy, in effect, would be the more water you used the more it was going to cost you. Cncl Lehman wanted to know how if other cities had comparable costs. A list of cost increases to the consumer, aswell as SPUC would be included in each councilors packet. Cncl. Joos noted he attended the School Board meeting and noted some budget issues were coming around. He noted some additional teachers were hired, but no additional administrative staff was hired. The funds were being used as intended. Cncl. Link also attended the orderly annexation biannual meeting as stipulated in the annexation agreement between Jackson Township and the City of Shako pee. He noted the meeting went well. The Jackson Town Board was very complimentary to the Mayor and the Council. He noted a vision was shared between the two entities. Cncl. Lehman noted he met with Ryan Companies and City staff to talk about issues to see what could be tweaked to make Ryan Companies proposal better. Cncl. Lehman noted he attended the Shakopee Showcase and thought it was a great success with a great turnout. He stated he attended a Police Department training and stated he was impressed with the level of training of the Shakopee Police Department. Cncl. Lehman attended the Park and Recreation Advisory Board meeting and noted that the Citizens Survey Task Force met for the first time and Steve Johnson from Scott-Three Rivers Park District addressed the Park Board concerning the County's participation in County Park funding. Cncl. Lehman noted he attended the Public Works Department restructuring interview with the City's consultant to prepare the department for future expansion. Cncl. Lehman noted that he worked at the Shako pee Clean-up days and he thanked Dick's Sanitation and the Public Work employees for all their efforts. He thought this was good program. He met with a group regarding some of the possible rezoning in the downtown area. He noted he also met with a group that had a concern regarding the berming in Huber Park. Official Proceedings of the May 6, 2003 Shakopee City Council Page -8- Helkamp/Link moved to recess for the purpose of conducting the Economic Development Authority meeting at 8:40 p.m. Motion carried 5-0. Mayor Mars re-convened the City Council meeting at 8:47 p.m. Mr. Leek reported on the rezoning request from Tollefson Development for property lying south ofTH 169 and east of the intersection ofIndependence Drive and 17th Avenue. Mr. Leek oriented the subject property via an overhead. Mr. Leek noted the land use plan map dated February 2002 largely guided this site for medium density residential with the southwest corner being guided for single-family residential. Mr. Leek noted that the concept idea that the applicant was proposing would be going before the Planning Commission soon. He shared the concept plan with the audience and the Council. He noted the plan was somewhat different from what the City had now. What was being proposed was largely a single-family development with side loaded garages that shared a driveway. This concept plan was very much like a town home or condominium development; therefore, the request for a Planned Residential Development (PRD). Mr. Leek noted that the Planning Commission did review the request for rezoning on April 17th and they did recommend approval of the rezoning by a 6-1 vote. Mayor Mars noted that this was a rezoning request and nothing on the concept plan had been approved. No architectural elevations had been presented at this time. Cnc1. Link was concerned about the number of students that would be entering the Shakopee Schools with all the growth in Shakopee. Mr. Leek and Mr. Joos addressed this concern. Cncl. Link would like to see a line item on the building permits (adding a fee) for the school district. Mr. McNeill suggested that there be a joint meeting with the School District and the City Council to get their input on future developments regarding the number of children. It was noted by Cncl. Lehman that the rezoning to PRD would not be a change from the use that was stated in the current Comprehensive Plan. Mr. Leek responded to this question. Gary Wollschlager, Tollefson Development, approached the podium and addressed the Council. Mr. Wollschlager noted why he did not come forward with a medium density request. He stated the Council had said that they would like to see something different from what was in the City now. He stated he was asking for a PRD because of what was allowed in a PRD. He noted he would be asking for a PUD overlay for the PRD because he needed some concessions. Mr. Wollschlager noted these homes were basically a detached town home with an association. Helkamp/Joos offered Ordinance No. 664, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Generally Located East Of The Intersection Of 17th Avenue And Independence Official Proceedings of the May 6, 2003 Shakopee City Council Page -9- Drive From Agricultural Preservation (AG) Zone to Planned Residential District (PRD) Zone, and moved its adoption. Motion carried unanimously. Lehman/Joos moved to approve the Park Master Plan for Pheasant Run Park and increase the budgeted amount for improvements to Pheasant Run Park from $70,000 to $85,000 with funding from the Park Reserve Fund. (Motion carried under the Consent Agenda). Link/Lehman offered Resolution No. 5887, A Resolution Of The City Of Shakopee, Milmesota Approving The Final Plat of Whispering Oaks, and moved its adoption. Motion carried unanimously. Lehman/Joos moved to extend the approval period of the final plat of West ridge Lake Estates 3rd Addition to October 16, 2005, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Joos offered Resolution No. 5888 , A Resolution Of The City Of Shako pee Setting A Public Hearing To Consider Two Petitions To Annex Approximately 73 acres 128 Acres Of Land Contiguous To The City, And Generally Described As The David Voxland, and the Tollefson/ISD 720 Properties From Jackson Township, and moved its adoption. (Motion carried under the Consent Agenda). Mr. McNeill noted that the architects selected for the Public Service Building remodeling were architects that had specific Public Works remodeling experience. Link/Mars moved to appoint Terry Joos to be on the Interview Panel for the selection of an architectural firm for the services associated with the remodeling of the Public Service Building for the Public Works Department. Motion carried unanimously. Mr. Loney updated the Council on the County Road 17 and County Road 79 Pedestrian Bridges. Mr. Loney noted that the contractor, Ames Construction, working on the Pedestrian Bridges, needed the City to select the two colors that they want to use on the bridge piers, abutments, beams and railings. With this contract, the City is allowed to select two colors. Mr. Loney noted that the pedestrian bridge construction was ahead of schedule. Mr. Loney stated looking ahead the City may eventually have five (5) pedestrian bridges. Mr. Loney noted that the City was having green railings on the pedestrian bridges and green light posts and a beige color for the pedestrian bridge itself. Mr. Loney offered some suggestions. There was Council consensus on the color of green. There was Council consensus on the thin stripe. The majority of the Council liked the first option, beige color for the bridge with a thin green stripe along the beams. Lehman/Joos moved to approve the General Storm Water Permit Application (MN R 040000) for Small Municipal Separate Storm Sewer Systems (MS4' s), the Storm Water Pollution Prevention Program (SWPPP) and the associated Best Management Practices (BMPs) and Official Proceedings of the May 6, 2003 Shakopee City Council Page -10- authorize City staff to submit this document to the MPCA. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate officials to enter into Cooperative Agreement #301813J054, between the City of Shako pee and the United States Department of the Interior, Fish and Wildlife Service, for wild land fire protection in the Minnesota Valley National Wildlife Refuge. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the purchase of eleven (11) sets offirefighting turnout gear from Fire Equipment Specialties for the amount of $14,245. (Motion carried under the Consent Agenda). Lehman/Helkamp moved to accept Craig Nelson's resignation, with regret, from the Shakopee Fire Department. Motion carried unanimously. Lehman/Joos moved to authorize execution of Change Order No 3 for the Police building project, in favor of CM Construction, in the amount of $30,554. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve entering into a lease agreement with IKON Business Solutions for the use of a Savin 2545P Digital Imaging System, at $495.45 per month up to 15,000 copies (excess .010 per copy). (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize entering into an agreement with Theis Concessions for providing concession service at Tahpah Park through September 30, 2003. (Motion carried under the Consent Agenda). Lehman/Joos moved to accept, with regrets, the resignation of Peter Vickerman effective June 6, 2003, and wished Peter and his wife luck and success in their upcoming adventures and moved to direct staff to take the appropriate steps to fill the Planner I-GIS position. (Motion carried under the Consent Agenda). Lehman/Joos moved to approve the application and grant a Tattoo License to Ryan Zarefoss, Body Art, 205 South Lewis Street, contingent upon receipt of the required certificate of insurance. (Motion carried under the Consent Agenda). Lehman/Joos moved to authorize the appropriate officials to execute the cooperative agreement for aerial photography and digital mapping services with Scott County with the City of Shakopee's share to be $18.000. (Motion carried under the Consent Agenda). Official Proceedings of the May 6, 2003 Shakopee City Council Page -11- LehmanlJoos moved establish a workshop on June 10,2003 at 6:00 p.m. for a discussion of the multiple families in Single Family Residential housing issue. (Motion carried under the Consent Agenda). Cncl. Link brought up archery safety concerns in Lions Park. It was noted that the Park and Recreation Department could follow-up on this concern. Cncl. Link would like to see an update regarding the out of state travel of Shakopee City employees. He would like to see what has been done and what is anticipated for the rest of this year. Cncl. Link also addressed one of the City Council's goals of working with the Native American's this year. Cncl. Link would also like to know where the Ryan Abatement issue was. Cncl. Lehman addressed this concern. Joos/Helkamp moved to adjourn to Tuesday May 20, 2003 at 7:00 p.m. The meeting adjourned at 9:25 p.m. Motion carried 5-0. w:~JCfj dith S. Cox City Clerk Carole Hedlund Recording Secretary