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HomeMy WebLinkAbout5.F.2. Approval of Minutes: June 02, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 2009 . Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, Steve Clay and Terry Joos present. Also present Mark McNeill, City Administrator, Kris Wilson, Assistant City Administrator; R. Michael Leek Community Development Director; Bruce LOlley, Public Works Director; Jim Thomson, City Attorney, Gregg V oxland, Finance Director; Jamie Polley, Park, Recreation, and Natural Resources; Rick Coleman, Fire Chief; Jeff Tate, Police Chief; and Judith S. Cox, City Clerk. The Pledge of Allegiance was cited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said there were none. Joos/Heitzman moved to approve the agenda. Motion carried 5-0. Jeffery C. Tate was sworn in as the new Police Chief of Shakopee. Lehman/Heitzman moved to recess for 10 minutes. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:10 p.m. In the Mayor's Report Mayor Schmitt said he attended the Memorial Day ceremony at Memorial Park. Mayor Schmitt also attended the Tri Chamber of Commerce meeting with legislators, the 169 Transportation Coalition and a Mayor's session with Congressman John Kline. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. No one responded. Lehman/Heitzman moved to approve the Consent Agenda. Mr. McNeill read the Consent business. Motion carried 5-0. Lehman/Heitzman moved to authorize appropriate city staff to close 2nd Avenue W. between Atwood Street S. and Fuller Street S. and Fuller Street S. and a portion of Fuller Street S. between 2nd Avenue W. and 3rd Avenue W. on June 20,2009 from 8:00 a.m. to 7:00 p.m. for the Eagle's Club annual charitable motorcycle run. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 6909, a Resolution of the City of Shakopee, Minnesota, Accepting a $1,000 Grant Donation from the Wal-Mart Foundation, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $427,647.90 and electronic transfers in the amount of$392,308.50 for a total of$819,956.40. (Motion carried under the Consent Agenda) Official Proceedings of the June 2, 2009 Shakopee City Council Page -2- Lehman/Heitzman moved to approve the applications and grant an On Sale or Off Sale 3.2 Percent Malt Liquor License, conditioned upon compliance with all licensing requirements, to: . Sky Ventures LLC, dba Pizza Hut, 257 Marschall Road - On Sale . Asian Hon, 1135 1 st Avenue East - On-Sale . Magnum Management Corporation, dba Valleyfair, One Valleyfair Drive - On Sale 1. Depot Refreshments, Location #202, including adjacent fenced in outdoor dining areas 2. Lunch Basket, Location # 228, including adjacent fenced in outdoor dining area 3. Atomic Pizza, Location # 204/205, including adjacent fenced in outdoor dining area 4. Stadium Pizza and Grill, Location #223 . Wal-Mart Stores, Inc, 8101 Old Carriage Court- Off Sale . Holiday Stationstores, Inc., 444 1 st A venue East - Off Sale . Hoilday Stationstores, Inc., 1381 Greenwood Court - Off Sale . Holiday Stationstores, Inc., 8002 Old Carriage Court - Off Sale . Holiday Stationstores, Inc., 3901 Eagle Creek Boulevard - Off Sale . Shakopee 1997 LLC, dba Cub Foods, 1198 Vierling Drive East - Off Sale . Speedway SuperAmerica LLC #4546, 1298 Vierling Drive East - Off Sale . Speedway SuperAmerica LLC #4035. 1155 1 st Avenue East - Off Sale . Speedway SuperAmerica LLC #8510, 1195 Canterbury Road - Off Sale . K wik Trip, Inc., 1522 Vierling Drive East - Off Sale . Kwik Trip, Inc., 8225 Crossings Boulevard - Off Sale . Sam's West, Inc., 8201 Old Carriage Court - Off Sale (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s) conditioned upon compliance with all licensing requirements, to: . AAFC, Inc., dba Arnie's Friendly Folks Club. 122 1st Avenue East - On Sale and Sunday . Applebee's Restaurant's North LLC, dba Applebee's, 1568 Vierling Drive East - On Sale and Sunday . Bretbecca, Inc. dba Pullman Club, 124 1 st Avenue West - On Sale, Sunday and Off Sale . Babe's Place, Inc., 124 Holmes Street South - On Sale, Sunday and Off Sale . Canterbury Park Concessions, Inc., 1100 Canterbury Road - On Sale and Sunday . ERJ Dining IV, LLC, dba Chili's Grill & Bar, 8098 Old Carriage Court - On Sale and Sunday . Chipotle Mexican Grill of Colorado LLC, 8094 Old Carriage Court (includes outside dining and drinking) - On Sale and Sunday . Dangerfield's Restaurant, Inc., 1583 1st Avenue East (includes outside dining and drinking) - On Sale and Sunday . EI Toro of Shako pee, Inc., 1120 1 st Avenue East (includes outside dining and drinking)- On Sale and Sunday . Great Lakes, Inc., dba Shakopee Ballroom, 2400 4th A venue East - On Sale and Sunday . Pablo's Mexican Restaurant, Inc., 230 Lewis Street South - On Sale and Sunday (includes outside dining and drinking) . RAM Arizona's LLC. 1244 Canterbury Road - On Sale and Sunday (includes outside dining and drinking) Official Proceedings of the June 2,2009 Shakopee City Council Page -3- . RT Minneapolis Franchise LLC, DBA Ruby Tuesday, 4135 Deans Lake Boulevard (includes outside dining and drinking) - On Sale and Sunday . MCW Entertainment LLC, dba Hate's Bar & Grill, 911 1st Avenue East (includes outside dining and drinking) - On Sale and Sunday . Stonebrooke of Shakopee, Inc., 2693 County Road 79 (includes outside dining and drinking) - On Sale and Sunday . Turtle's Bar & Grill, Inc., 132 1 st Avenue East (includes Banquet Center) - On Sale and Sunday . Marcelo Corona Zausa, dba EI Korita Restaurant, 815 1 st Avenue West - On Sale and Sunday . Magnum Management Corp., dba Valleyfair, One Valleyfair Drive, Beach Bites Restaurant in Soak City Waterpark - On Sale and Sunday . Annward, Inc., dba Wine Styles, 8076 old Carriage Court - Off sale . Hoang's South Side Liquors, Inc., 1667 17th Avenue East - Off Sale . Croosroads Liquor of Shakopee, LLC, 1262 Vierling Drive East - Off Sale . Riverside Liquors, Inc., 507 I st A venue East - Off Sale . Roseen & Roseen, Inc., dba MGM Liquor, 471 Marschall Road South - Off Sale . Sam's West, Inc., 8201 Old Carriage Court - Off Sale . Valley Liquor, Inc., 1104 Minnesota Valley Mall - Off Sale . Duerr LLC, dba Shakopee Wine Cellars, 4041 Dean Lakes Boulevard - Off Sale . American Legion Club Post #2, 1266 1 st A venue East - Sunday and Club . Fraternal Order of Eagles #4120, 220 2nd Avenue West (includes outside dining and drinking) - Sunday and Club . Knights of Columbus Home Association, Inc., 1760 4th A venue East - Sunday and Club . VFW Post #4046, Inc., 1201 3rd Avenue East (includes outside dining & drinking)- Sunday and Club (Motion carried under the Consent Agenda) Lehman/Heitzman moved to, waive the requirement ofthe City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc., Stonebrooke of Shako pee, Inc., and for Knights of Columbus Home Association, Inc. (Motion carried under the Consent Agenda) Lehman/Heitzman moved, consistent with previous approvals, that the following conditions are placed on the approval of the licenses for MCW Entertainment, LLC dba Hater's Bar and Grill: a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset. b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant's failure to comply with any ofthese conditions shall be grounds for suspension or revocation of the license by the City Council. (Motion carried under the Consent Agenda) Official Proceedings of the June 2, 2009 Shakopee City Council Page -4- Lehman/Heitzman moved, consistent with previous approvals, the following condition is placed on the approval of the licenses for VFW Post #4046, Inc.: a. No alcohol possession or consumption in the patio area shall occur after 11 :00 p.m. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the application and grant a temporary on-sale liquor license to the Fraternal Order of Eagles #4120, 220 2nd Avenue West, for June 20,2009, conditioned upon meeting all licensing requirements. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to be heard on a subject that was not on the agenda. No one responded. Mayor Schmitt asked for Council liaison reports. Cncl. Clay said he missed the Transit meeting and asked Mr. Leek to brief Council on what was discussed at the meeting. Mr. Leek said the Transit Review Board is drafting a letter to the Governor and the Transportation Manager regarding funding for the 169/494 intersection. Mr. Leek also discussed the Blue Express busses. Cncl. Joos attended the Shakopee Public Utility Commission meeting. He said electric and water usage is up. He reminded the audience ofthe odd/even water restrictions. He also said on 06/08/09 there is an open house at SPUC regarding the Wind Energy project. Cncl. Lehman said he attended the Derby Days Committee meeting. Derby Days would like the City and the Chamber of Commerce to post a link to their web sites to the Derby Days website. Cncl. Lehman also attended the Memorial Day services at Memorial Park. He thanked Public Works for the clean up ofthe downed tree in Memorial Park. Cnd. Heitzman attended the Downtown Partnership meeting. He said the discussion was regarding the first car show that was scheduled for 06/05/09. They are expecting 300 or more cars for the event. Bruce Loney, Public Works Director/City Engineer, presented Council with the 2009 Bituminous Overlay, Project No. 2009-3. Mr. Loney said at the public hearing for this project Council expressed concern about overlaying Shenandoah Drive, north of 4th A venue prior to the I -State improvements. The City has received no indication from the I-State developer that the utility crossings of Shenandoah Drive will be completed prior to the overlay. Staff is asking to delete Shenandoah Drive from the 2009 Bituminous Overlay and adding it as a full bituminous reclamation in the future. Clay/Joos moved to direct staff to delete Shenandoah Drive north of 4th Avenue from the 2009 Bituminous Overlay Project. Discussion followed. Cncl. Lehman asked ifit would be better to put the entire project on hold for one year. Mr. Loney said Shenandoah Drive is old enough that if this portion ofthe project was put on hold, it would qualify for a reclaiming project. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Official Proceedings of the June 2, 2009 Shakopee City Council Page -5- Mr. Loney presented Council with the Consideration of a Petition for Public Improvements and Waiver of Assessment Appeal for Shakopee Avenue Street and Utility Construction from Main Street to Market Street. Mr. Loney said that recently the Engineering staff has been notified of a collapsed sewer pipe on Shakopee A venue between Main Street and Market Street. Other residents on this block have also reported that their sewer service is in poor condition and the type of sewer pipe is "Orangeburg" and is approximately 40 to 50 years old. Mr. Loney said staff discussed with residents that the block in question is not on the City's Capital Improvement Plan, however if they wanted to they could appeal to the City Council to have their project considered for possibly this year's 2009 Reconstruction Project or to be added in the 2010 Reconstruction Project. Mr. Loney explained to Council that ifthe project were to be done this year Council would need a petition and waiver agreements by all residents in the project area, a consultant would need to be hired to design the project, SPUC would also need to be in the agreement and approval of the project would need to be done as soon as possible to make this years construction schedule. A rough estimate of the project would be approximately $200,000.00 and a tax levy impact of $70,000.00. A rough estimate of assessments would be approximately $5,500.00 per lot. Curtis Frey, 512 Shakopee Avenue E., addressed Council with the problems he's been having with the sewer line running from his house to the street. Mr. Frey said the water/sewer problems started after work was done on Main Street a few years ago. Mr. Frey said that four of his other neighbors have been experiencing the same problems. Mr. Frey believes that there is something wrong with the main sewer line or possibly the work done on Main Street a few years ago caused damage to his line as well as his neighbor's lines and would like the City to consider the reconstruction project. Judy Theis, 506 Shakopee Avenue E. asked Council to explain the reason for not doing the project in 2009. Mr. Loney explained that the City hasn't received 100% support via the petition to go ahead with the project. He also said that the construction timeline is tight to support doing the project in 2009. Clay/Lehman moved to direct staff to video tape the sewer line in Shakopee Avenue from Main Street to Market Street to clarify if there is a problem and table the issue until the next meeting. Discussion followed. Cncl. Joos said that the timeline for the project is not a reality to be completed this year. Mr. Loney agreed with Cncl. Joos. Cncl. Lehman said the motion is to ensure that the City's line is not the cause because if it is, the project would need to be completed in 2009. Mayor Schmitt asked for a vote on the motion. Motion carried 5-0. Mr. McNeill introduced Dr. Michael Wilcox who would be presenting Council with the Safe Communities Coalition Presentation. Official Proceedings of the June 2, 2009 Shakopee City Council Page -6- Dr. Wilcox provided Council with the background of the formation of the Safe Communities Coalition. He also outlined their vision, statistics, and accomplishments and the need for community support in their endeavors. Jamie Polley, Parks, Recreation & Natural Resources Director presented Council with the Park Reserve Capital Improvement Program for 2009-2013. Ms. Polley said she was bringing the CIP budget to Council to discuss the Quarry Lake Project. Ms. Polley said that Mr. Loney is currently working with a consultant to put together a grant application for a pedestrian bridge for a regional trail that is going to cross 169 that would connect the Southbridge area to Quarry Lake. Ms. Polley said that the consultant would like to put in the application what the City's plans are forthe Quarry Lake Park and the time line. The grant application is due on June 15,2009. Ms. Polley also talked about the DNR grants the City has for the trail infrastructure, parking area and bathroom facility that are expiring in June of2010. Ms. Polley said the biggest problem is that there is no motor vehicle access to the park. Ms. Polley brought this issue to the Council to discuss the possibility oftuming back the funding from the DNR for the project and not moving forward with any construction at Quarry Lake and wait until there is a public access. Ms. Polley discussed the Parks and Recreation CIP with Council. Ms. Polley said the proposed CIP plan focuses the limited financial resources on projects that are in most demand, as well as acknowledging the projects that have some level of commitment to undertake in 2009. She also discussed the projects in the CIP identified for 2009. She noted that if improvements are going to be made at Quarry Lake with the grant funds, we need to know where the money is coming from for the city's portion. Ms. Polley said there are two community parks that have been waiting for park development. She said staff feels that the community would better be served by developing those parks than using funding at Quarry Lake Park since there is no public access. Discussion ensued on the grant funds that are expiring in 2010 if not used. Mr. McNeill noted that cost for access to the park will be significant and it is not included in the 5-year CIP. Clay/Lehman moved to not move forward with the Quarry Lake project at this time. Motion carried 5-0. Ms. Polley also wanted to inform Council about two other items. The first is with regard to the absence of the Landscape Architect. The Engineering staff assisted with many of the remaining park development projects and is planning to assist with future projects. At this time the Engineering Department's time is billed back to the park reserve with a multiplier of 2. Staff is recommending that staff time charged to the Park Reserve be charged at straight time to allow for projects to be completed in house at a more cost effective rate. Official Proceedings of the June 2, 2009 Shakopee City Council Page -7- The other item is that the 2010 recreation fund is going to become part of the general fund. City Council could transfer the balance of the recreation fund at the end of 2009 to the Park Reserve CIP, this could be a one-time funding source for two parks. Ms. Polley presented Council with the Shakopee Showcase. Ms. Polley said that over the past years staff has noticed that the attendance at the Showcase has been declining. Ms. Polley said that the Chamber of Commerce recently approached City staff to participate in the planning of a Kids Expo to be offered at Canterbury Park in January or February of 20 1 O. At this time the City has declined their invitation because it is very similar to the Showcase. Ms. Polley stated that she is looking for direction from Council on whether or not the City should continue to host Shakopee Showcase and determine ways to attract more people, discontinue the Showcase and provide an alternative event or discontinue the Showcase and not provide an alternative event. Discussion followed. Lehman/Clay moved to direct staff to look at alternatives to the Shakopee Showcase for a community event, through the Parks and Recreation Advisory Board, replacing the Shakopee Showcase. Motion carried 4-1 with Cncl. J oos opposing. Mayor Schmitt asked for other Council concerns. Cncl. Lehman asked staff to research what the cost verses revenue is for the Blue Express operation. He asked if it was possible to link the Blue Express to the Southwest Transit Station in Eden Prairie and the Minnesota Valley Transit Station. Cncl. Joos reminded the audience about the odd/even watering in effect. Heitzman/Clay moved to adjourn to Tuesday, June 16,2009 at 7:00p.m. Motion carried 5-0. The Council meeting ended at 9:20 p.m. on June 2,2009. .- J.~ ~cox City Clerk Kim Weckman Recording Secretary