Loading...
HomeMy WebLinkAbout5.F.2. Approval of Minutes: July 21, and 23, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 21, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Gregg V oxland, Finance Director; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jamie Polley, Parks, Recreation and Natural Resources Director; Jeff Tate, Police Chief; Rick Coleman, Fire Chief; and Mark Noble, Planner II. The pledge of Allegiance was recited. Mayor Schmitt asked ifthere any additions, deletions or corrections to the agenda. Mr. McNeill asked to remove 13.F.1, 18t and Fuller Parking Lot Sale Discussion. Joos/Clay moved to approve the agenda as amended. Motion carried 5-0. Mayor Schmitt had nothing to report for the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. There were no additions or deletions to the Consent Agenda. Joo/Heitzman moved to approve the Consent Agenda as presented. Mr. McNeill read the Consent Agenda. Joos/Heitzman moved to authorize the appropriate city officials to execute the "Agreement Between the Metropolitan Council and the City of Shakopee for Transit Convenience/Prepaid Fare Reimbursements." (Motion carried under the Consent Agenda) Joos/Heitzman moved to offer Ordinance No. 822 Fourth Series, An Ordinance Amending Chapter 11 (Zoning), by Adding a Water Surface Use Zoning Section, and moved its adoption. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the appropriate City Officials to execute the five instruments for Warranty Deed, Quit Claim Deed, Drainage and Utility Easements, Temporary Construction Easements and the Right-of-Entry Agreement by the City to the County for the CSAH 21 Project. (Motion carried under the Consent Agenda) Joos/Heitzman offered Resolution No. 6917, City of Shakopee Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in the Right-of-Way of Trunk Highway 169 at Fuller Street (Formerly County Road 77), and moved its adoption. (Motion carried under the Consent Agenda) Joos/Heitzman moved to authorize the appropriate City officials to execute the Joint Powers Agreement between the City of Shakopee and Scott County for the CSAH 83 Improvements. (Motion carried under the Consent Agenda) Official Proceedings of the July 21, 2009 Shakopee City Council Page -2- Joos/Heitzman moved to authorize appropriate city officials to enter into the Volunteer Police Services Agreement for the 2009 POA Championship, August 9th through August 18, 2009. (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the job descriptions for the positions of Assistant Fire Chief of Operations, Deputy Chief of Training, Deputy Chief of Engineering, Station Captain, Lieutenant, Engineer, and SCBA Coordinator, as outlined in the July 17, 2009 memo from Kris Wilson, Assistant City Administrator. (Document No. CC-469) (Motion carried under the Consent Agenda) Joos/Heitzman moved to approve the bills in the amount of$I,209.387.99 and electronic transfers in the amount of$141,237.56 for a total of$I,350,625.55. (Motion carried under the Consent Agenda) CA complete bill list is posted at City Hall) Joos/Heitzman moved to approve the minutes of June 16, 2009 and July 7,2009. (Motion carried under the Consent Agenda) Joos/Heitzman moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust for a deposit premium of$491,189, and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. (Motion carried under the Consent Agenda) Mayor Schmitt asked ifthere was anyone in the audience who wished to be heard on a subject that was not on the agenda. Fatima Franzen, 1830 Switchgrass Lane, asked to make comments on the Social Host Ordinance that was on the agenda. Mayor Schmitt stated that when the item is discussed later in the meeting, she would be able to make her comments at that time. Mayor Schmitt asked for Council Liaison reports. Councilor's Clay and Heitzman had nothing to report. Cncl. Lehman said he attended the Chamber meeting. He said lodging revenue tax is down as well as membership revenue. He also attended the Derby Day's meeting and the Railroad Safety meeting. Cncl. Joos attended the Shakopee Public Utility Commission meeting. He said water revenues are up and expenses are down. Electricity is on budget but expenses are down. Cncl. Joos reminded the audience of water restrictions. Clay/Joos moved to recess for the Economic Development Authority meeting at 7:09 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:10 p.m. Jamie Polley, Parks, Recreation and Natural Resources Director, presented Council with Park and Open Space Encroachment - 8051 Horizon Dr. Ms. Polley said the residents of8051 Horizon Dr. are seeking City Council's review ofthe park and open space encroachment that was reviewed and voted on through the Park and Recreation Advisory Board (PRAB). At that meeting the PRAB voted 4-2 to allow the pond on the property to remain but to move or remove the waterfall, wood pile and all other structures onto the resident's property. Official Proceedings of the July 21, 2009 Shakopee City Council Page -3- Ms. Polley said that the landscaping pond at this address crosses into City park land roughly 6 feet from the north end ofthe pond, and spanned roughly 12 feet through the pond. According to the owners, the pond was built by the previous owners. The current owners remodeled and upgraded the old pond, but kept it in the same location. They believed the placement of the pond was within the boundary based on the location of the previous pond. Ryan Boe of Larkin Hoffinan Daly & Lindgren Ltd., who is representing the property owners, Linda Green and Richard Wett, addressed the Council. Mr. Boe explained to Council that his clients purchased the property with the pond already in place. He said his clients enhanced and added the waterfall feature not knowing the pond encroached on City parkland. Mr. Boe stated that the pond does not threaten the City's interest in its property nor detract from the natural state and beauty of the City's property. He also said the pond provides a critical habitat for wildlife in the area. Mr. Boe also stated that all of his client's neighbors support keeping the pond. He also gave a few suggestions as to how the homeowners and the City could work out the issue of the encroachment. Randy Wosmack, 8330 Horizon Dr., addressed Council. Mr. Wosmack owns the property adjacent to Mr. Wett. Mr. Wosmack advised Council of his support in keeping the pond as is. Joos/Clay moved to concur with the recommendation of the Park and Recreation Advisory Board to remove all parts of the encroachment located at 8051 Horizon Dr. Discussion followed. Cncl. J oos said that he is in favor of the homeowners removing the portion of the pond in the encroachment. If there are ways for the City of receive compensation for the property, he is willing to look at it. Jim Thomson, City Attorney, said that legally the City can not deed a portion ofthe property. He said there are other ways to allow the pond to remain and in exchange for that receive compensation for the property. Mr. Thompson said the best way is to have an encroachment permit. Cncl. Lehman said he would support an encroachment agreement for the pond with the property owners being liable for the expenses associated with the agreement. Cncl. Clay is not in favor of an encroachment agreement and would support the PRAB's decision to have the waterfall feature moved onto the landowners property. Cncl. Joos would like to see the encroachment agreement and cost and fees before the Council would even consider the agreement. Joos/Lehman moved to table for further information regarding an encroachment agreement for the park and open space encroachment at 8051 Horizon Drive. Motion carried 4-1 with Cncl. Clay dissenting. Official Proceedings of the July 21, 2009 Shakopee City Council Page -4- Michael Leek, Community Development Director, presented Council with a draft Historic Preservation Ordinance. Mr. Leek said that the Historic Preservation Advisory Commission (HP AC) has completed their review of the draft Historic Preservation Ordinance and is requesting that the City Council review the ordinance and provide direction to the Commission and staff. Mark Noble, Planner II, introduced Jay Whiting, a HP AC member who presented Council with an overview of some of the key provisions of the draft ordinance. Discussion ensued regarding whether the HP AC would be advisory to the Council, concern about taking property rights away, the benefit of improvements to a property, preservation of historic properties for the future. Joos/Clay moved to direct the Historic Preservation Advisory Commission (HP AC) and staff to bring the ordinance back for adoption with revisions as expeditiously as possible. Mr. Thomson, City Attorney, explained that he will work on the ordinance, but that he would like it to go to the HP AC before going back to City Council. Mayor Schmitt asked each Council member to mark up their copy of the draft ordinance and give it to staff. Mayor Schmitt asked for a vote on the motion. Motion carried 4-1 with Cncl. Lehman dissenting. Kris Wilson, Assistant City Administrator presented Council with the Update to Shakopee Public Access Policy Handbook. Ms. Wilson said the current handbook makes numerous references to the Public Access Studio at the Community Center which was closed in December 2008. She explained that it is the intent to update the policies, although there are not a lot of policy changes. The policies abide by the open access standards. Ms. Wilson highlighted several areas of the handbook that have been updated. One area updated is in regard to programming containing adult content. The Telecommunications Advisory Commission (T AC) recommended continuing with the policy of airing programs containing adult content only once and outside of prime-time hours, 6:00 a.m. to 10:00 p.m. as defined by the FCC. They also recommended that Shakopee Public Access create and air disclaimers regarding programming containing adult content rather than allow the producer of the program to insert the disclaimer. Discussion followed. Don McNeil, 1101 Naumkeag St., and a member ofTAC, addressed the City Council. Mr. McNeil expressed his concern about one show in particular that contains adult content. He advised Council that the show, Twisted T.V., should not be aired on cable 'access television. Joos/Lehman offered Resolution No. 6922, Adopting an Amended Shakopee Access Handbook, and moved its adoption, with an amendment that adult content shows be shown from midnight to 6:00 a.m. Motion carried 5-0. Joos/Heitzman moved to recess for 10 minutes. Official Proceedings of the July 21, 2009 Shakopee City Council Page -5- Mayor Schmitt re-convened the meeting at 8:50 p.m. Jeff Tate, Chief of Pol icel Emergency Management Director, presented Council with the Social Host Ordinance. Chief Tate said that in a continuous effort to enhance the safety of Shakopee, the police department is proposing the adoption of a Social Host Ordinance. The proposed Social Host Ordinance is intended to address a 100phole that currently exists by holding individuals responsible for providing a venue for under aged drinking. Chief Tate said the cities of Jordan, Prior Lake and Savage as well as Scott County, have adopted Social Host Ordinances. The proposed ordinance preserves the right of a parent to allow their underage child to consume alcohol in their home while they are present. Furthermore, it does not consider a homeowner or property owner who is unaware of illegal alcohol consumption while they are away from their residence as a Social Host. Shelby, Nate, Bailey and Courtney, Shakopee High School students who are members of Students Against Destructive Decisions (SADD) advised Council oftheir support in the Social Host Ordinance. Kevin Studnicka, Scott County Sheriff, Pat Ciliberto, Scott County Attorney, and Jerry Hennen, Scott County Commissioner also advise Council of their support in the Social Host Ordinance. Fatima Franzen, 1830 Switchgrass Lane, Shakopee, also voiced her support for the Social Host Ordinance. Joos/Heitzman offered Ordinance 823, Fourth Series, An Ordinance ofthe City of Shako pee, Minnesota, Amending Chapter 10 (Public Protection, Crimes and Offenses) of the City Code by Adding New Section 10.81 relating to Social Hosts, and moved its adoption. Motion carried 5-0. Bruce Loney, Public W orks/Engineering Director, presented Council with a Sewer Backup Claim from Terry Sturlaugson at 834 Scott Street South. Mr. Loney said that a sewer back occurred on April 7, 2009 and damage occurred at the residence of 834 Scott Street. The property owner, Scott Sturlaugson would like to address Council on his damage and cost as the City's insurance has determined that the City is not liable. The property damage has been estimated at $2,276.82 for cleaning and $10,642.68 to repair the damage for a total of$12,919.50. Mr. Loney said staff had an insurance adjuster review the claim and his assessment is that the cleaning cost is acceptable but the repair work is high as there was no hardwood flooring in the basement. The flooring was carpet, vinyl and concrete in the rooms affected. The insurance adjuster said that if the City was to offer compensation an offer of $7,276.82 is recommended. Mr. Loney pointed out that the City did offer a reduced compensation in October, 2005 to a resident who experienced damage and the City was not liable. Official Proceedings of the July 21,2009 Shakopee City Council Page -6- Terry Sturlaugson, 834 Scott Street., stood to answer any questions that Council had for him regarding his sewer back up claim. Cncl. Lehman asked Mr. Sturlaugson why the first estimate is so much lower than the other two estimates. Mr. Sturlaugson also submitted two other estimates that are higher than the first estimate he obtained. He said the reason the first one is lower is because it was written by his brother who is a contractor and would be doing the work on the weekends in his spare time. Clay/Joos moved to concur with the League of Minnesota Cities Insurance Trust (LMCIT) report and deny the sewer backup claim from Terry Sturlaugson, 834 Scott Street South. Discussion followed. Cncl. Clay said that the City was not found liable for the sewer backup and should not pay any portion of the claim. Mr. Thomson, City Attorney, reminded Council that at the last meeting of the Council the Council decided not to pay for no-fault coverage because the premiums were very expensive. The Council decided it was cheaper to be "self-insured" rather than pay the premiums. Mr. Thomson said that "self-insuring" was meant to cover instances such as the one Mr. Sturlaugson experienced. Cncl. Clay said he is concerned about Council setting a policy of paying partial claims. Cncl. Lehman and Cncl. Heitzman agreed that the backup was not the City's fault nor the homeowner's fault and would be willing to split the cost of the lower estimate with the homeowner. Mayor Schmitt asked for a vote on the motion. Motion denied 1-4 with Cncl. J oos in the minority. Lehman/Heitzman moved to offer Mr. Sturlaugson $5,200 for the sewer backup claim at 834 Scott Street South ($12,900 for cleaning and repair, minus $2,500 deductable for insurance, at 50%). Motion carried 5-0. Mr. Loney presented Council with the Approval of Sidewalk Connections on CSAH 21 Project. Mr. Loney said that in the final review ofthe CSAH 21 plans, staff reviewed the sidewalk connections in the area around Southbridge Parkway and C.R. 18 and also with the Riverview Fields and Bluff development. The two sidewalk connections being proposed are CSAH 18 east sidewalk connection from CSAH 21 to Crossings Blvd. and the other is Riverside Fields 4th Addition sidewalk connection from Rye Court to CSAH 21 trail. Mr. Loney said the design engineer and County Staff feel that a safe crossing can be made on CSAH 21 and CSAH 18. The City would be responsible for 50% of the pipe work, 100% of the concrete curb, gutter and sidewalk. The estimated cost for this connection is $6,741.04. Official Proceedings of the July 21,2009 Shakopee City Council Page -7- The sidewalk connection on Riverside Fields 4th Addition, from Rye Court to CSAH 21, which is between lots 10 and 11, would cost around $19,585.61. Mr. Loney said staff has concerns with regard to the usefulness and safety ofthe connection. Sayan MukheIji, 1756 Rye Ct., said the sidewalk connection is next to his house and he is opposed to the sidewalk connection due to the safety hazard of crossing future CSAH 21. He also asked about noise mitigation after the CSAH 21 has been developed. Mr. Leek advised Mr. MukheIji that he would need to speak to the County regarding noise mitigation because it's a County project. Justin Barth, 1760 Rye Ct., said he also agrees with Mr. MukheIji that a sidewalk connection from the Rye Court sidewalk to CSAH 21 is a safety hazard. He would also like some noise barrier to keep the noise down. Paul Shpilsher, 1758 Rye Ct., also says he disagrees with the sidewalk connection to CSAH 21. He also asked for consideration of trees or a sound barrier for the noise. Clay/Joos moved to approve the CSAH 18 sidewalk connection from Crossings Boulevard to CSAH 21. Motion carried 5-0. Joos/Heitzman moved to not install the sidewalk connection of Riverside Fields 4th Addition from Rye Court to CSAH 21 trail. Discussion followed. Cncl. Clay asked to amend the motion to include wording that does not preclude the sidewalk being connected at a future date. Mayor Schmitt asked for a vote on the amended motion. Motion carried 5-0. Mr. Loney presented Council with the 2008 Traffic Study Update for the Intersections of Cardinal Drive and Thrush Street and Omega Drive and Thrush Street. Mr. Loney said that a further study was done on Thrush Street and Cardinal Drive. The traffic volumes are such that Thrush Street does not meet the requirements for consideration of an all- way stop intersection. The Traffic Safety Review Committee along with Traffic Consultant, Chuck Rickart ofWSB & Associates, Inc. reviewed the updated study. Their recommendations are that no stop signs at the intersection are not warranted .at this time; crosswalk signs should be installed for the sidewalk crossing at the east leg of Thrush Street; a 30 m.p.h. speed limit sign should be placed on westbound Thrush Street from Independence Drive; and increase police enforcement in the area. Mr. Loney said the study done at Thrush Street and Omega Drive did not show that warrants were met for an all-way stop. The Review Committee made the following recommendations. Install a 30 m.p.h. speed limit sign on eastbound Thrush Street between Independence Drive and Official Proceedings of the July 21,2009 Shakopee City Council Page -8- Omega Drive; place "Cross Street Does Not Stop" signs on existing stop signs on Omega Drive; consider the construction of a sidewalk on the north side of Thrush Street from Independence Drive to Omega Drive; and increase police enforcement in the area. Joos/Clay moved to direct staffto install the signs as recommended in the memo and report for the intersections at Cardinal Drive and Thrush Street (and as outlined above). Motion carried 5- O. Clay/Joos moved to install the signs as recommended in the memo and report for the intersections at Thrush Street and Omega Drive (and as outlined above), but not a sidewalk connection on the north side of Thrush Street from Independence Drive to Omega Drive. Motion carried 5-0. Mayor Schmitt asked if there were any Council concerns. No one responded. Joos/Clay moved to adjourn to Thursday, July 23, 2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 10:28 p.m. A"J;1L J 0f Judith S. Cox City Clerk Kim Weckman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 23, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Pat Heitzman, Matt Lehman, and Terry Joos present. Also present were Mark McNeill, City Administrator; Kris Wilson, Assistant City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; and Gregg V oxland, Finance Director. Mark McNeill, City Administrator advised Council that the Assistant City Administrator's presentation on the Facilities budget has been moved to 07-28-09. Mr. McNeill said he will be giving Council some background information regarding the 2010 budget process to put into context what Council will be hearing from staff. Staff was given direction as to the requirements of submitting their budgets to CounciL Mr. McNeill said that the City's budget is looking better than originally projected. He discussed how the tax base has declined by 5.16% but there has not been a decrease in the demand for services. Another factor is the loss of Market Value Homestead Credit which was un-allotted by the Governor. Fortunately, the City of Shakopee was not dependent on this revenue. Mr. McNeill discussed the direction that Council gave to staff when preparing their 2010 budgets which included working on a two year budget cycle. The structural change within the City includes the Telecommunication fund and Recreation fund being merged into the General Fund. The City has also eliminated the Legal Division and these costs will be allocated throughout the individual departments that use them. Mr. McNeill said the projected shortfall has been addressed by staff in these cost saving mechanisms; reduced fuel cost from the projected fuel costs, legal fees decreased, two vacant positions that were eliminated and GIS is being run by City staff and the addition of public works expenses added to the utility fund. The revenue increase identified or 2010 is $110,000 and there is a slight decrease in expenditures from 2009. Overall the City has a shortfall of$192,840 for 2010 which is less than the projected shortfall. There is a concern for the 2011 budget as the projected shortfall for that year is estimated at $874,330. Michael Leek, Community Development Director, presented Council with the budgets for the Planning Department, Building and Inspections, Economic Development Authority, and the Transit Budget. Mr. Leek said the Planning budget does not include any new hires. The 2009 budget is $505,820 with a decrease in the 2010 budget of 6.3% and 0.4% increase for 2011. The Building Inspection budget has an increase of 0.4% for 2010 and a 0.1 % decrease for 2011 as well as no new hires. The Economic Development Authority has a decrease of 11.0% for 2010 and an increase of 10.7% for 2011. The Transit Budget has a decrease of3.4% for 2010 and an increase of3.4% for 2011. Official Proceedings of the July 23,2009 Shakopee City Council Page -2- Mr. McNeill presented Council with the Administration budget. The Mayor/Council budget has an increase of24.2% in 2010 due to the transfer of the legal services mentioned earlier. The 2011 budget has a decrease of 1.4%. The Administration budget for 2010 has in crease of39.3% and a decrease of 1.8% for 2011. The large increase in 2010 is due to the absorption of the Telecommunications division. Judy Cox, City Clerk, presented Council with City Clerk budget. Ms. Cox has an increase of 6.5% for 2010 and a decrease of2011. Ms. Cox said that the 2010 increase is due to the 2010 elections. Gregg V oxland, Finance Director, presented Council with his department budget. He has an increase of 4.9% in 2010 and also another increase of 1.7% in 2011. This is due to the assessing contract with Scott County. Kris Wilson, Assistant City Administrator, presented Council with the IT budget. Ms. Wilson said there is a 9.4% increase in the 2010 budget due to updating software. The 2011 budget is decreased by 1.7%. Joos/Heitzman moved to adjourn to Thursday, July 28,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 8:16 p.m. > JGr- f\ \ i l7~~~. . ' ..' JUith S. Cox City Clerk Kim Weckman Recording Secretary