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HomeMy WebLinkAbout7. Approval of Minutes: October 15, 2002 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA OCTOBER 15, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Le1unan, Lillie, Joos 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; Paul Snook, Economic Development Coordinator and Terry Stang, Fire Chief. The pledge of allegiance was recited. The following items were deleted from the agenda. 14.D. Comprehensive Plan Amendment/Rezoning Request from Clete Link for property located north of Vierling Drive and west of Quincy Street from single family to medium density. 15.B.2. Authorize Feasibility Report for Improvements to 4th Avenue and Viking Steel Road. LehmanlLink moved to approve the Agenda as amended. Motion carried 4-0. Mayor Mars asked that there be a moment of silence in memory of Bob Sweeney. The following item was added to the Consent Agenda. 15.F.7 Approve Library Change Order No. I. The following item was deleted from the Consent Agenda. 15.B.3 Power Reduction Program with Shakopee Public Utilities on Traffic Signals LED Program. Link/Joos moved to approve the Consent Agenda as amended. Motion carried 4-0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Link/Joos moved to approve the meeting minutes for August 7, 2002. (Motion carried under the Consent Agenda). Lillie/loos moved to approve the bills in the amount of$1,519,079.42 plus $197,266.55 for refunds, returns and pass through for a total of$I,7l6,345.97. (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 hearings on Establishing the Downtown Shakopee Special Service District and Imposing a Special Service Charge in the Downtown Shakopee Special Service District. These two public hearings were held simultaneously. Official Proceedings of the October 15, 2002 Shakopee City Council Page -2- ....... n__. _ ....._...,____"___.______~._....__,._"..._"'_,,..,.__,...._ "__...,"__~_____.____"_.___,_.,___,._,....__,_.__.___..,_."..._....._.......__,._..___._ .... _.._"_._.__..._."___,.__.,__,._,_,..___"_"__~____.__,_..'__"_......no ""...""-_._......._._..,,-,.._-""---,~._"---......._,-,,.,",'~"'-_...,.- Mr. Snook, Economic Development Coordinator, reported on the establishing of a Downtown Shakopee Special Service District and on the Imposing a Special Service Charge in the Downtown Shakopee Special Service District. It was through a petition that this Downtown Shakopee Special Service District came about. A percentage of the downtown property owners through a petition agreed to assess themselves to generate revenue that would benefit the Downtown Shakopee Special Service District with more services and improvements than the City could provide for downtown Shakopee. Mr. Snook stated that the process of getting a Downtown Shakopee Special Service District involved two steps. These two steps were: I) adopting an Ordinance establishing the Special Service District and 2) adopting a Resolution imposing a Special Service Charge in the Downtown Shakopee Special Service District. Mr. Snook noted what steps would follow if Ordinance No. 642 pertaining to the Downtown Shakopee Special Service District and Resolution 5790 pertaining to Imposing a Special Service Charge in the Downtown Shakopee Special Service District were adopted tonight. Mr. Snook noted some of the benefits to be received from the Special Service Charge of the Special Service District would be used to promote the beautification of the City, street improvements, trash removal, maintenance, marketing, business retention and improvements to name a few. Mr. Snook reported that there was a downtown work plan that acknowledged the activities of the Downtown Shakopee Special Service District. Mr. Snook noted that the assessments levied on the business owner's property was based on the net tax capacity with some owners paying more than others. Mr. Snook stated that before a charge is imposed a Municipal Agreement between the downtown organizations and the City on the services to be charged needed to be reached. Mr. Snook stated the reason for establishing the Special Services District was to establish a public/private partnership and accountability. Mr. Snook noted an Advisory Board would manage the Downtown Shakopee Special Service District and would develop work plans and budgets; they would take these budgets ammally to the City for their approval. This Special Service District would also create a unified effort for downtown revitalization. Mr. Snook noted that the City Council could adopt Ordinance No. 642 and Resolution No. 5790 anytime, up to six (6) months, after the public hearing. Mr. Snook noted there are requirements that need to be met before Ordinance No. 642 and Resolution No. 5790 could be adopted. encl. Lehman wanted to know what the status was of the Municipal Agreement. Mr. Snook stated that a draft copy of the Municipal Agreement from Vision Shakopee had been received by the City today. The amount to be assessed to the business owner's was discussed. Duane Wermerskirchen, Real Gem Jewelers, Vice President of Vision Shakopee, approached the podium and gave a little history of how the process started of getting a Downtown Shakopee Official Proceedings of the October 15,2002 Shakopee City Council Page -3- _....__________~.___.__...____..__.__.__.....___._______..__"...__.._"_._,,.__.__..........__...___..._..._.u,_..__~~_....._.____.__.___.._____._._,~.._,___._._._...p._.._.._._..__...___....._.._,___.~..,_...__.~....,__..~____.,_ Special Service District. He noted some cities he toured were aggressive and had a positive attitude and had really good downtowns with some kind of a downtown manager. Mr. Wermerskirchen noted that the City of Lakeville had been toured and the pros and cons of a Downtown Special Service District were looked at. Mr. Wermerskirchen also noted that the Downtown Shakopee Special Service District plan had been in the making for a long time (approximately five/six years). Mr. Wermerskirchen stated the Downtown Vision Shakopee Board (nine member board) decided to include every business in the B 1 District because these businesses asked why they were not included in other situations. Mr. Wermerskirchen noted how the taxing rates were decided. He noted a mission statement, a work plan, a service agreement with the City and their attorneys was all complete. He stated that the Downtown Shakopee Special Services District would work very hard to make improvements and provide services as fair as possible. Mr. Wermerskirchen noted that the nine-member board was accountable for the money assessed to the businesses in the Downtown Shakopee Special Service District and to produce a budget each year. He noted the Board needed to show the Downtown Shakopee Special Service District where all the money went. Brian Tuttle, Turtles Bar and Grill, Vision Shakopee Board Member, approached the podium and thought the question was: is the downtown forward thinking enough to embrace this idea and watch it work. He would like to see a cohesive unit in downtown Shakopee as there is in downtown Red Wing. Scott Lucas, 1858 Pheasant Run, Vision Shakopee Board Member, approached the podium. Mr. Lucas stated he did not own a business in downtown Shakopee but he thought a thriving, vibrant downtown made the community better for everyone. Mr. Lucas thought the Downtown Shakopee Special Service District was about moving forward and would positively impact the City of Shakopee. Bill Wennerskirchen, Bill's Toggery, approached the podium and introduced Bob Erickson, City Administrator of Lakeville. Mr. Wermerskirchen noted that the City ofLakeville was one of the first cities to establish a Special Service District. Bob Erickson, City Administrator for the City of Lakeville, approached the podium and walked thru what the City of Lakeville had done. Mr. Erickson stated that to begin with many businesses in the City of Lakeville wer_e not in favor of a Special Service District. Mr. Erickson stated however with the Special Services District, there is only one downtown heard from now because of the cohesive unit that the Special Service District has become. Mr. Erickson explained how the City of Lakeville started their Special Service District. Mr. Erickson explained how their budget was allocated. Mr. Erickson noted that today there is a clear line of responsibility delineated by the budget. He also felt there was more equality between the Official Proceedings of the October 15, 2002 Shako pee City Council Page -4- -------------_._._-----~._--------.,.__.._-_.......__.._--.--.----..-.......--...-.-.------.....-,----...--..--"..---........ businesses now than before. Also, the Special Service District initially was approved for only two years and at the end of that time some tangible results showing performance based outcomes needed to be shown to the City Council in order for the Special Service District to continue. Mr. Erickson 110ted that he really saw no negatives just all positives for the Special Service District. Mr. Erickson submitted to Judith Cox, City Clerk, a case study. George McGuire, 1206 1st Avenue, Vision Shakopee Board Member, approached the podium and stated he considered his business a destination business but the overall benefit of a viable downtown and the cohesiveness that this Special Service District is proposed to bring outweighs the investment. Bill Wermerskirchen, Bill's Toggery, approached the podium and gave a rundown of some of the benefits received by the Shakopee downtown area since 1987. Mr. Wermerskirchen noted some of those projects initially were met with negativity and skepticism, however, he noted those projects were successful. He felt the Downtown Shakopee Special Service District was the same type of issue. He believed the costs should be shared by the Downtown Special Service District and he urged the Council to pass Ordinance No. 642 and Resolution No. 5790. John Perry, 124 South Lewis Street, American Family Insurance, approached the podium to present a petition opposing the Special Services District and the charge for that Special Service District. The issue according to Mr. Perry was what, how and fairness. Mr. Perry did state that he thought the policy as a whole was a good idea to promote the downtown. It was the feeling within the proposed Downtown Shakopee Special Services District that only a minority of the businesses would benefit from the Downtown Shakopee Special Services District at the expense of all the businesses involved. The majority of the business community signing the petition against the Downtown Shakopee Special Service District and the charge for the Special Service District felt a manager for downtown was not needed. These petitioners felt the budget allocation was a fairness issue. Mr. Perry also thought the approach needed to be changed; the business type needed to be considered. Mr. Perry submitted the petition opposing the Downtown Shakopee Service District and the Imposing a Service Charge for the District to the City Clerk. Craig Ballard, 705 151 A venue East, approached the podium and stated for the most part the Downtown Shakopee Special Service District was a great plan. He felt the representation along 1st Avenue was disproportionate. Mr. Ballard felt the budget needed to be reconsidered to be more equitable and fair. Ms. Cox, City Clerk, noted for the record that she did receive a letter prior to the meeting from Delcar, signed by Dave Moonen asking that his property be removed from the Downtown Shako pee Special Service District and that his property not be subjected to any service charges because his property or use would not benefit from the Downtown Shakopee Special Service District. Official Proceedings of the October 15,2002 Shakopee City Council Page -5- Lisa Gohmer, 126 Main Street, approached the podium. She stated that she did not feel that a Downtown Shakopee Special Services District and a charge for the Special Service District would fix the downtown. She thought there were to many diverse uses in downtown Shakopee and she thought the taxing was extremely unfair with many businesses not being charged who would ultimately benefit from the downtown improvements. Cncl. Lehman stated there were many issues that had come up to night. He thought the City Administrator from the City of Lakeville made some good points in how they administered the Special Service District in that community. Cncl. Lehman noted the underlying issue was the viability of the downtown corridor and everybody's input was needed for the success of the Downtown Shakopee Special Service District. Cnd. Link thought perhaps Vision Shakopee should rework the Downtown Shakopee Special Service District and the way the Special Service Charge was determined. Dan Lebens approached the podium and noted that he did not like the word "assessment". This is what he did not like about the whole idea. He needed to see what he was being assessed for before he did anything. He did not even think an assessment of this type was legal. Mr. McNeill, City Administrator, also noted for the record that a letter had been received from Steve Lebens in opposition to the Special Service District and Imposing a Service Charge for the Downtown Shakopee Special Service District. Bob Nagel, owner of Bob's Lawn and Landscaping in downtown Shakopee, approached the podium and stated he was for improving the downtown. However, he thought the location needed to be taken into consideration as to how a business was taxed. He was in favor of the policy but he thought some items needed to be fine-tuned. Dave Monnens, 223 Holmes Street, approached the podium and stated that he did not see the benefit of the Downtown Shakopee Special Service District being equal to everybody. He really did not want to be dictated to. He did things his own way. The benefit of the Downtown Shakopee Special Service District needed to be looked at. When he could see the benefit he would be happy to be involved in this idea. Steve Dombrovski, representing River City Center, approached the podium and stated if nothing was done then that was a problem. Mr. Dombrovski stated this plan is not perfect but it is better than nothing. With this plan people can work collectively to improve the plan. He was in favor of the concept of the plan because of the value this plan would bring. Lelunan/Link moved to close the public hearing. Motion carried 4-0. Official Proceedings of the October 15,2002 Shakopee City Council Page -6- Cnc1. Lehman felt part of the issue regarding the Downtown Shakopee Special Service District and the Special Service Charge was timing. Cl1cl. Lehman stated City residents are going to be hit with more taxes in the very near future because ofthe States financial problems. He was concerned about taxing the downtown. He thought with this plan there was the possibility of dividing the downtown. Lehmani moved to table the issue indefinitely to allow time to look at all the information received from Lakeville's City Administrator regarding their Special Service District and their funding. He was in favor oflooking at the concept of having a 65% threshold, the concept of by- laws, a minimum and maximum charge, different uses for different businesses, etc. Cncl. Lelmlan wanted everyone in the downtown corridor to give input as to how this Downtown Shakopee Special Service District should look. There was no second to the motion. Mr. Thomson, City Attorney, noted for the Downtown Shakopee Special Service District and Imposing a Service Charge for the Downtown Shakopee Special Service District to become effective for 2003, Ordinance No. 642 and Resolution No. 5790 needed to be adopted tonight. Link/Lelunan offered Resolution No. 5790, A Resolution Imposing a Service Charge In The Downtown Shakopee Special Service District Pursuant To Miml. Statues, Chapter 428A, and moved its denial; and, Link/Lehman offered Ordinance No. 642, An Ordinance Establishing The Downtown Shakopee Special Service District Pursuant to Milm. Statues, Chapter 428A and moved its denial. Motion carried 3-1 with Mayor Mars dissenting. Mayor Mars wanted to see the downtown promoted. A recess was taken at 8:45 p.m. Mayor Mars reconvened the City Council meeting at 8:52 p.m. Mayor Mars opened the public hearing on the proposed Improvements to Vierling Drive from County Road 15 to Orchard Park West, P.U.D., Project No. 2002-4. Mr. Loney reported on the proposed improvements to Vierling Drive from County Road 15 to Orchard Park West P.U.D. Mr. Loney, Public Works Director/City Engineer, stated there had been previous feasibility studies on this project. He noted that there had been public hearings but the project had not been approved earlier. Mr. Loney stated this project includes the extension of Vierling Drive from Orchard Park West to County Road 15, the construction of a storm sewer, a trunk water main extension, a box culvert, a sidewalk, a trail and street lighting. Mr. Loney noted that the City would be participating in the costs for the street oversizing (9-ton road with a 54 feet right-of-way because Vierling Drive is a collector street), the bituminous trail, assessments along Lion's Park property and the box culvert crossing the Upper Valley Drainage way. Official Proceedings of the October 15,2002 Shakopee City Council Page -7- Mr. Loney went over the feasibility study. Mr. Loney noted the properties being affected are Lion's Park to the north of Vierling Drive and the property owned by Cal Haasken in a trust with his family on the south side of Vierling Drive. The extension of Vierling Drive is about l/4 mile. Mr. Loney stated there were two options with this feasibility repOli. Via an overhead, Mr. Loney showed the first option. This option had a box culvert crossing the Upper Valley Drainage Ditch resulting in approximately a 1 1/2 acre site for a future satellite fire station on the south side of the drainage ditch. Mr. Loney noted that this 1 ~ acre site would work for the Fire Depaliment. Mr. Loney stated option two showed a realignment of the Upper Valley Drainage Ditch directing water into the Lion's Park Pond thus leaving approximately 5 acres for a future satellite fire station on the south side of the drainage ditch. This option would require the relocation of the trunk sewer line. Mr. Loney noted that additional costs of approximately $180,000 were associated with option two as well as taking more land away from Lion's Park. Option one had a total cost of $856,000 and the total cost of option two was $1,047,000. Mr. Loney noted that this improvement to Vierling Drive from Orchard Park West P.U.D. to County Road 15 would be funded by a combination of special assessments, Sanitary Sewer Trunk Fund, Storm Trunk Fund and State Aid Funds. Mr. Loney stated that the assessments for this project are based on front footage basis based on the property that could gain access to Vierling Drive. Mr. Loney noted with option two there would be more frontage on Vierling Drive; thus more assessments could be charged. Mr. Loney recommended option one. Fire Chief, TelTY Stang, approached the podium alld commented that he had a meeting with Mark McNeill, City Administrator and Bruce Loney Public Works Director/City Engineer alld it was decided that either site would work for a three bay satellite Fire Station to replace Station #50. When the referendum for the satellite Fire Station to replace station #50 goes successfully before the citizens the satellite station will be built. Some possible alternatives were discussed. Jeffrey Smith, lives next to where the future satellite Fire Station is proposed. He felt the 1-Yz acre was too small. According to Mr. Smith only a portion of the l-Yz acre site was buildable. He was not in favor of option one. He felt the satellite Fire Station should be closer to County Road 15. Steve Swanson, 1284 Cider Circle, approached the podium and stated that he was told by the developer he bought his property from that the land behind him was unbuildable. He did not like the idea of a Fire Station behind him. He would like to see a compromise in the size acreage for the Fire Station. Mars/Link moved to close the public hearing. Motion carried 4-0. Official Proceedings of the October 15,2002 Shakopee City Council Page -8- .......--.,.......--.... Link./Joos offered Resolution No. 5796, A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Vierling Drive, From County Road 15 To Orchard Park West, Project No. 2002-4, and moved its adoption, with the understanding that the City Engineer will look to see if it is possible to move the Upper Valley Drainage way slightly to the west. Mayor Mars felt that it is important to connect Vierling Drive and help the interchange of 169. Cncl. Lehman felt it was important to have a Fire Station on the west end of town and he felt the landscaping issues could be addressed. Cncls. Joos and Link felt it was important to have a street to connect the west end of town to the east end of town. Cncl. Joos commented that everything possible will be done to move the Fire Station as far from the resident's backyards as possible in option one. Mayor Mars noted that the feasibility study was to build the road. The proposed Satellite Fire Station will likely go before the voters in 2004. Motion can-ied 4-0. Link/Lehman moved to authorize City officials to execute an extension agreement with WSB & Associates, Inc. for engineering services on Vierling Drive from Orchard Park West to County Road 15, Project No. 2002-4. Motion carried 4-0. Link/Lehman moved to authorize staff to obtain appraisals for property acquisition for the extension of Vierling Drive, Project No. 2002-4. Motion carried 4-0. Cncl. Lehman noted he spent time with the Sweeney family and rescheduled his liaison meetings. Cncl. Joos noted he attended the School Board meeting and that the School Board continued to work on budget issues and the school levy. Mayor Mars noted the Mayors Regional Housing Task Force will be presenting their findings on affordable housing in their document on October 23,2002 at the Metropolitan Council Chambers and the Mayor of New Hope will be presenting the report. Link/Joos offered Resolution No. 5792, A Resolution Of The City Shakopee, Minnesota, Approving The Registered Land Survey Submitted by William Platto, and moved its adoption. (Motion can-ied under the Consent Agenda). (Property is located south of Roundhouse Circle and n011h of Shakopee A venue.) Official Proceedings of the October 15,2002 Shakopee City Council Page -9- Mr. Leek, Community Development Director, reported on the Comprehensive Plan Amendment/Rezoning request from Keiran O'Brien for property located east of Adams Street and south of3rd Avenue from R-IC to I-I. Mr. Leek noted that this was a request from Keiran O'Brien for rezoning and reguiding. The property now is owned by Mr. Harold Schmidt but is adjacent to Keiran O'Brien's CUlTent operation. Mr. Schmidt's property cun-ently in zoned R-1C and is in a neighborhood with property zoned I-I. Mr. Leek noted that Keiran 0' Brien Properties has entered into an agreement with Mr. Sclnnidt to purchase the property but to let Mr. Schmidt have a life tenancy to the residence located on the property. Mr. Leek stated Keiran O'Brien Properties plan on using the land for expansion to their current business. Mr. Leek noted when Keiran O'Brien Properties did expand their business a CUP would be needed along with some variances. Mr. Leek stated the Plmming Commission did hold a public hearing on this rezoning/reguiding at their October 3,2002 Planning Commission meeting. At this meeting the Planning Commission did vote 4-1 to recommend approval of the reguiding request with a condition that the residential use not be allowed to continue and by a 4-1 vote to recommend approval of the rezoning request. Mr. Leek stated that since the October 3,2002 meeting of the Planning Commission he and his staff have researched this condition and talked with the City Attorney and have come up with at least two other ways to allow the residential use to continue but to approve the reguiding and rezoning. Mr. Leek noted that there could be a separate agreement with the applicant and the property owner that eventually the residential use will abate. Mr. Leek also thought that tills residential use for Mr. Schmidt could be addressed with the CUP for this property. Mayor Mars temporarily left the Council Chambers for five minutes about 9:27 p.m.. Cncl. Link chaired the City Council meeting at this time. Mr. Leek stated it was the goal of the Planning Commission to reguide/rezone the property and to let Mr. Schmidt remain on the property as long as he wanted to stay there but to see the residential use abate when Mr. Schmidt no longer lived in the house. Alissa Schneider, 16381 Marschall Road, General Partner with Keiran O'Brien and Associates, approached the podium to address any questions. Ms. Schneider noted that there was quite a mix of uses in the area. Link/Joos moved to direct staff to prepare findings to amend the Comprehensive Plan and prepare an Ordinance for rezoning of the Harold Schmidt property or amendment of the land use to be brought back before the City Council at the November 6th meeting for formal action. Motion carried 4-0. Lelnnan/Link moved that the vehicle to address the abatement of the residential use for Mr. Sc1m1idt if the reguiding/rezoning is approved by the City Council be a condition in a conditional use permit. Motion carried 4-0. Official Proceedings of the October 15, 2002 Shakopee City COlmcil Page -10- Link/Joos moved to approve the transfer of the strip of land south of Brittany Village 5th Addition to Tollefson Development, Inc. for inclusion in the final plat; and offered Resolution No. 5795, A Resolution Of The City Of Shakopee, MilUlesota Approving the Final Plat of Brittany Village 5th Addition, and moved its adoption. (Motion canied under the Consent Agenda). Mr. Leek presented the comments on the Metropolitan Council's 2030 Blueprint document. Mr. Leek stated this public hearing is being held at three different locations and the public hearing record is being held open until later this month. Mr. Leek thought it was appropriate for the City of Shakopee to submit comments for the record and he was presenting a rough draft of these conU11ents tonight. Mr. Leek wanted to know if: 1) it was okay to submit the draft City's comments to the Metropolitan Council regarding the 2030 Blueprint, 2) are the comments submitted in the rough draft what the Council wanted said and 3) further direction if there were more comments that the Council would like made [each Councilor received a copy of the comments in their packet]. LehmanlLink moved to direct staff to submit the comments as drafted by Mr. Leek on the Metropolitan Council's 2030 Blueprint for submission into the public hearing record of the Metropolitan Council along with the comments from the City Council. Mayor Mars noted that the comments on the plan presented by the Mayors Task Force on Affordable Housing is also going to be incorporated into the 2030 Blueprint along with some transportation plans. Mayor Mars directed Mr. Leek to point out some positive steps in the 2030 Blueprint. Mr. Leek noted that he would redraft the letter containing comments on the Metropolitan Council's 2030 Blueprint and bring that draft back at a future meeting. Mars/Lelunan moved to table the comments as drafted by Mr. Leek on the Metropolitan Council's 2030 Blueprint for submission into the public hearing record of the Metropolitan Council to allow Mr. Leek time to redraft the letter containing the comments from the City Council at their City Council Meeting of October 15,2002 and for action to be taken at the October 22, 2002 workshop meeting. Motion canied 4-0. Link/Joos moved to direct the appropriate persons to enter into an agreement with the Scott County HRA and LSA Design for the funding and submittal of an application for TEA 21- AHED funds, with the City's contribution not to exceed $3500. (Motion carried under the Consent Agenda). Mr. Loney reported on the costs to be assessed for County State Aid Highway 83 and County State Aid Highway 16 along with setting a public hearing date for assessments to County State Official Proceedings of the October 15,2002 Shako pee City Council Page-11- Aid Highway 83 and County State Aid Highway 16. Mr. Loney noted that this Project No. 2001-4 needed to be assessed this year per the bonding schedule. The total cost of the project was $6,846,937.94. Mr. Loney noted that significant additions had been added to the project. These additions were: 1) the addition of the east leg of County Road 16,2) bituminous trail, and 3) some additional improvements were added throughout the project and 4) some minor change orders. Mr. Loney stated the total cost of $6,846,937.94 included the request from Valley Green Business Park to add trunk water charges and undergrounding of electric power line costs associated with this project as an assessment to them. Mr. Loney noted Mr. Albinson of Valley Green Business Park did request via e-mail that the trunk water charges and undergrounding of electric power line charges be added to his assessments. Mr. Loney stated these two assessments add up to an additional $234,000 on the Valley Green Business Park assessments. Mr. Loney noted that the costs to Scott County, Shakopee Public Utilities and the assessments costs had gone up while the cost to the City of Shakopee went down from the feasibility report. Joos/Lehman offered Resolution No. 5793, A Resolution Ordering An Improvement And Preparation Of Plans And Specification For County State Aid Highway 83, From 12th Avenue to 1870 Feet South Of The Existing Intersection Of County State Aid Highway 16; And For County State Aid Highway 16, From 850 Feet West Of County State Aid Highway 83 To 1500 Feet East Of County State Aid Highway 83 Project No. 2001-4, and moved its adoption. Mr. Loney noted why in his opinion the costs to the City were lower. Motion carried 4-0. Blackie Wangerin approached the podium and stated he was just representing himself as the consultant on the landscaping improvements in the two cul-de-sacs and a park area in Southbridge 5th Addition. He was not representing Trentroy Corporation nor the owner of the cul-de-sacs in the Southbridge 5th Addition where the improvements were made. He noted that he had been in the "dirt" business for several years. The issue at point is the topsoil used in two cul-de-sacs and one park area for the establishment of turf. Mr. Ray Ruuska, Project Coordinator, found these three areas not to be acceptable because the topsoil was incorrect. Mr. Wangerin noted that he had not received anything in writing and stated that he did all the work as it should have been done. He would like the City Council to make a decision tonight. He felt he had been discriminated against. According to Mr. Wangerin all the areas in Southbridge used the same dirt out of the same pile. No other areas were tested except his area. Cncl. Linle stated there are some homes out in Southbridge that are sodding on sand not the 4" of black dirt that is required by ordinance. CncL Link asked the City Council to approve Mr. Wangerin's work and to release his bond. However, from this point on he would like to see strict compliance with the ordinance for everyone. Cncl. Link thought the City was opening itself up to many problems if this work was not approved. Official Proceedings of the October 15, 2002 Shakopee City Council Page -12- Mr. Loney responded to Blackie Wangerin's comments. Mr. Loney noted a map was given to the Council of the areas in question. Mr. Loney stated the two cul-de-sacs in question are going to be maintained by the homeowners and the property owners were not completely satisfied with the work done on the two cul-de-sacs. Mr. Loney noted the areas had not been prepped cOlTectly. Mr. Loney stated the Engineering Department is responsible for the mass grading of the areas. The area of topsoil that was placed in the three areas was soil that was rejected by a retailer in the area for use as foundation material. It was not all topsoil in the pile Mr. Wangerin took from; there was some sub soil in the pile also and some gradations of sand. This soil on the two cul-de-sacs as it is now, does not meet MnDOT specifications which the City of Shakopee references. The Engineering Department is asking that this topsoil be replaced to meet the required specifications. Mr. Loney noted that this issue of topsoil was identified early on but the incorrect soil continued to be used. Tim Wangerin, Trentroy Corporation, approached the podium and stated the soil in the pile that they used had been merged with the pile of top soil. He noted a backhoe could separate these two types of soil. Blackie Wangerin was operating a back hoe when he was doing this work One ofthe City Engineer's was shown this dirt. Mr. Tim Wangerin noted it was the dirt that was under the sand that was distributed to the two cul-de-sacs. He wanted to know where the City took the dhi tests from. Mr. Loney noted the two cul-de-sacs were exceeding the 70% of sand allowed in top-soil dirt. Mr. Loney needed to see some new tests. However, it appeared that the developers were unwilling to submit these additional tests. Joos/Mars moved that the two cul-de-sacs and the park area where Mr. Wangerin put top-soil on be soil tested and if the areas failed the tests then the topsoil would need to be replaced. Steve Soltau, Shakopee Crossings, approached the podium and stated if the City would obtain the soils tests Shakopee Crossings would be happy to pay for them. According to Mr. Soltau there was another solution. He would like to sod the balance and plant three trees on each island cul-de-sac. Jim Thomson, City Attorney, thought perhaps this problem could be corrected by getting a letter from the developer stating that if grass was not established in a year he, the developer, would then fix the topsoil problem. Mr. Soltau was agreeable to this. He believed the material that was brought in would sustain the establishment of grass. Mayor Mars stated that the top soil needed to meet the state specifications. Mayor Mars withdrew his second to the motion. Mars/Lehman moved to have the developer hold the City harmless in regard to the tlu'ee eye brow cul-de-sacs (islands). Official Proceedings of the October 15, 2002 Shakopee City Council Page -13- Motion carried 3-0 with Cncl. Link abstaining. Cncl. Lehman would like to see staff come up with a policy for specifications on the soil in the City and not to have to go to the State. Mr. Leek noted that the City does have a policy. There was more discussion on the type of topsoil being used out in the Southbridge Development. Mr. Loney reported on the Power Reduction Program with Shakopee Public Utilities on traffic signals. Mr. Loney stated that this was a program to promote energy conservation within the City of Shakopee regarding the traffic lights. This program would provide the City of Shakopee a savings of $20,000 this year and $24,000 next year. To get this savings the City would need to replace the existing incandescent traffic signal lights with LED traffic signal lights. Mr. Loney noted the payback for the City with this project was somewhere between 1.8 to 2.5 years. Mr. Loney noted that he did have $81,000 budgeted next year for this program. After speaking with Julie Konecny at Shakopee Public Utilities Mr. Loney noted that the whole program needed to be done but it might be possible to phase the program. Mr. Loney noted that a report needed to written to get this program. His staffhad done some work on this report and he did need the help of some consultants so good numbers could be reached. Lehman/Link moved to authorize staff to proceed with the installation of LED lights on traffic control signals in the City of Shakopee and to participate in SPUC's program for energy efficiency. Motion carried 4-0. Mayor Mars left the meeting and Cncl. Link took over as Acting Mayor about 10:30 p.m. Lehman/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide design services in the preparation of plans and specifications for the installation of LED traffic signals. Motion carried 3-0. Link/Joos offered Resolution No. 5797, A Resolution Accepting A Donation Of Park Benches From The Shakopee Tennis Association, and moved its adoption. (Motion carried under the Consent Agenda). Link/Jaos moved to authorize the hiring of Tom McEackern to perform weekend boiler inspections duties at City Hall at a rate of approximately $50.00 per day, for each day that he is scheduled to come in. (Motion carried under the Consent Agenda). Mr. Snook reported on the placement of the monument sign that Vision Shakopee Downtown Partnership (VSDP) is requesting. They would like to place this identification sign at the Official Proceedings of the October 15,2002 Shakopee City Council Page -14- intersection of pI Avenue and Somerville Street (City property) and then COlmect to the City street light system. Mr. Snook noted that staff had spoke with VSDP regarding the sign requirements and the permitting process is being utilized. Duane Wermerskirchen, Vision Shakopee, approached the podium and noted that VSDP is proposing to put a stone/red brick sign at the intersection of I sl A venue and Sommerville Street to be visible from the bridge on 101 and the 101 corridor as well as the pI Avenue corridor. The intention would be to landscape the sign area so that it would be low maintenance. Mr. McNeill noted the memo on the table from Lou VanHout, Shakopee Public Utilities. Mr. McNeill suggested that Shakopee Public Utilities would be the entity to work with as far as illumination for the sign was concerned. Mayor Mars returned to the City Council Meeting about 10:37 p.m. Cncl. Link stated he would like to see a letter that stated that VSDP would remove the sign at the intersection of 1 sl A venue and Sommerville Street at their own expense if ever downtown Shakopee was redeveloped and this sign was no longer in the appropriate place or it was in the way. Lehman/Link moved to authorize Vision Shakopee (VSDP) to place an area identification sign on City property at the intersection of 1 st A venue and Sommerville Street. Mr. Leek noted there are informal sign logo standards now for official signs but that this sign will represent the historical area and will have its own unique design. Motion carried 4-0. Link/laos moved to approve the applications and grant on sale and Sunday on sale intoxicating liq\,lOr licenses to Sharp Entertainment LLC, dba Harwell's Steakhouse and Brewery, 1128 Vierling Drive East upon surrender of the existing licenses to TL Foods, LLC. (Motion carried under the Consent Agenda). Ms. Schaefer, Assistant to the City Administrator, approached the podium and spoke about the Request For Proposals (RFP) for an upgrade to the Council Chambers in the Telecommunications area. Ms. Schaeffer noted that staff would like to send out an RFP to upgrade the City Council Chambers cameras, control room, and presentation system. The cameras in use now are old security cameras and it was a goal ofthe Telecommunications Commission to upgrade the telecommunications within the City Council Chambers. Ms. Schaefer noted that the upgrade of the control room needed to be done in conjunction with the upgrade of the cameras for compatibility reasons. The presentation system currently is not even something the Council Chambers has but could really use. A technician to assist City staff with Official Proceedings of the October 15, 2002 Shakopee City Council Page -15- the RFP is also being requested because of all the technicality and components to put this RFP together. Staffhas researched this issued and have found that most communities spend far more than $75,000 for facilities to telecast City Council meetings and other meetings but not all ofthe bells and whistles (not necessary at this time) have been included in this proposal and cost mechanisms are also being utilized. Ms. Schaefer noted there are a couple of alternate deduct items in the RFP. Ms. Schaefer noted that there was money in the Telecommunications Budget that had been eannarked for telecommunications. Ms. Schaefer noted that the microphones had been upgraded about three years ago and they would not be upgraded again at this time. Joos/Lehman moved to hire a cable consultant to assist with the RFP for the City Council Chambers upgrade, control room upgrade and equipment installation and 2) send out an RFP to include 4-3-chip cameras, a presentation system (alternative/deduct) and a control room upgrade not to exceed $75,000 with the funding to come from the Telecommunications Budget. Motion carried 4-0. Link/Joos offered Resolution No 5791, A Resolution Declaring The Amount To Be Celiified, Ordering The Preparation Of Proposed Assessments, And Setting The Public Hearing Date For Delinquent Garbage/Recycling Bills, and moved its adoption. (Motion calTied under the Consent Agenda). Link/Joos moved to direct staff to add a $40 assessment penalty to assessment amounts for City administrative costs. (Motion carried under the Consent Agenda). Ms. Schaefer reported on the garbage/recycling pickup. Ms. Schaefer noted that after many consultations with residents and hours of work staff is proposing permanent changes tonight. Some of the changes are to be done an individual basis and some changes will be done on a block basis, depending on the best method for pickup be it alley or curbside. She noted there are approximately 13 total blocks that were actually changed after working with the residents and taking Council comments into consideration. Ms. Schaefer noted there are two residents unhappy with today's system. Mr. Schaeffer noted that staff would continue to work with residents through the winter months to make this an even better plan. A service schedule was worked out with Dick's Sanitation that was best for the residents resulting in a cost savings rebate to the City of Shakopee of approximately $1800. Ms. Schaeffer noted there are cost savings and efficiencies that benefit the City also. One of these cost savings and probably the biggest savings goes to the Public Works Department. Lehman/Joos moved to approve the October 2, 2002 refuse collection as proposed by the alley map with the understanding that minor changes may be needed in the future. (CC Document No. 324) Official Proceedings of the October 15,2002 Shakopee City Council Page -16- Cncl. Linle abstained from voting. Mayor Mars did not feel there was enough monetary savings for the residents to go tlu'ough this change. Cncl. Lehman noted there were many residents who did want the garbage/recycling changed from an alley pickup to a curbside pickup. Motion carried 2-1 with Cnc1. Link abstaining and Mayor Mars dissenting. Link/Joos moved to authorize the acceptance of$2,000 from the Lions Club and authorize the funds to be place in the Escrow Fund for use in Lions Park. (Motion carried under the Consent Agenda). Link/Joos moved to authorize the appropriate City officials to execute Change Order No.1 in favor of Westra Construction Company in the amount of$66,157. (Motion carried under the Consent Agenda). Mr. McNeill reported on filling the City Council vacancy that was caused by the death ofCnc1. Bob Sweeney. Mr. McNeill noted the process the City used previously when filling mid-term vacancies. Mr. McNeill proposed that an application be filled out which included 10 suggested questions that each candidate would be asked to fill out. Mr. McNeill suggested that these applications be filled out by November 5th so at the November 6th Council meeting these applications can be distributed to current council members and they could be ranked at the November 12th meeting and interviews could take place on November 14th by the current Council members. The new Council member would then be selected and ready to go by November 17, 2002 City Council meeting. A brief discussion followed. Lehman/Joos moved to affirm the policy for filling mid-term City Council pos'itions as adopted by the Council September 28, 1994, to be used as part ofthe process for filling the vacancy created by the passing of Councilor Bob Sweeney. Mayor Mars noted the application process has been used every time since 1983. The Council was being consistent. Motion carried 4-0. Link/loos moved to approve the request and authorize the transfer of the Massage Center License of Knead It Or Knot to a different location at 205 South Lewis Street. (Motion carried under the Consent Agenda). Official Proceedings of the October 15, 2002 Shakopee City Council Page -17- Link/Joos moved to authorize the City Administrator or City Clerk to sign and approve Minnesota Lawful Gambling applications for Exempt Permit with no waiting period when it is apparent that the applicant will be in conformance with City's Gambling ordinance. Motion carried under the Consent Agenda). Mars/Lehman moved that staffbe directed to begin advertising for a representative to be appointed to Shakopee Public Utilities Commission. Motion carried 4-0. Mayor Mars noted two liaison members needed to be appointed due to the death of Cncl. Bob Sweeney. These liaison positions are to the Scott County Board and to the Shakopee Public Utilities Commission. Cnc1. Link will act as SPUC liaison in the interim of getting a new Council member. Lehman/Link moved to adjourn to Tuesday, October 22,2002, at 5:00 p.m. Motion catTied 4-0. The meeting adjourned at 11 :08 p.m. czjJ1l.J. ~ dith S. Cox City Clerk Carole Hedlund Recording Secretary