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HomeMy WebLinkAbout5.F.2. Approval of Minutes: August 18 and September 01, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA AUGUST 18, 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; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg V oxland, Finance Director; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk. The pledge of Allegiance was recited. Mayor Schmitt asked ifthere any additions, deletions or corrections to the agenda. Mr. McNeill asked to remove 13 .A.l, Park Encroachment Agreement and 16, Recess for Executive Session for preliminary consideration of allegations against an employee. Lehman/Clay moved to approve the agenda as amended. Motion carried 5-0. In the Mayor's Report Kristen Zschomler of the Minnesota Department of Transportation (Mn/DOT) presented Council with the Holmes Street Bridge Rehabilitation Project. Ms. Zschomler said that Mn/DOT received American Recovery and Reinvestment funding to rehabilitate and restore the Holmes Street Bridge. Mn/DOT has reached agreements with the State Historical Preservation Office to restore the bridge as one of the twenty-four bridges needed to be restored in Minnesota. Ms. Zschomler explained to Council that the bridge will be refurbished to an original condition. The bridge will serve as a pedestrian/bicycle trail connection that will be extended to the north on C.R. 101 into Carver County and connect to the trail system in that area. Ms. Zschomler said that construction will begin in the spring of2010. Cncl. Lehman asked if the bridge will be used for snowmobilers to cross the river to the trail connection. Bruce Loney, Public Works & Engineering Director explained thatthe snowmobile trail is below the bridge. Mr. Loney said the trail will be plowed in the winter for pedestrian use. Cncl. Lehman also asked about lighting on both sides of the bridge near the stairways. Ms. Zschomler said the current plan does not call for lighting but replacing the 14 original lights attached to the railing. Mr. Loney discussed an email that was sent from Joe Collins. His concern is regarding the rehabilitation of the cast iron railings which have historical value. Mr. Loney explained that the Mn/DOT staff said there were issues with the lead based paint on the railings but would be willing to research the cost effectiveness of restoring the railings but cannot commit to anything at this point. Mayor Schmitt asked if there were any additions or deletions to the consent agenda. There were no additions or deletions to the Consent Agenda. Official Proceedings of the August 18, 2009 Shakopee City Council Page -2- Lehman/Clay moved to approve the Consent Agenda as amended. Mr. McNeill read the Consent Agenda. Motion carried 5-0. Lehman/Clay moved to authorize a renewal and execution of the agreement with Shakopee Youth Hockey Association to operate the Shakopee Ice Arena concession stand through August 31, 2011. (Motion carried under the Consent Agenda) Lehman/Clay moved to authorize the replacement of the top half coil pack BAC Model VC1-110 from Rink-Tec International in the amount not to exceed, $37,500.00. Funding would come from the building fund. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6927, A Resolution Authorizing Execution of an Agreement for the Project Entitled MN Department of Commerce Auto Theft Prevention Grant, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay moved to declare the following property as surplus. 2001 Ford Crwn Vic #153 VIN: 2FAFP71 W21X161038; 2001 Ford CrWll Vic #015, VIN: IFAFP55UOIGI89603; 2005 Ford Crwn Vic #051, VIN: 2FAFP71 W15X157178; 2005 Ford Crwn Vic #052, VIN: 2FAFP71W15X157181; 2003 Ford CrWll Vic #053, VIN: 2FAFP71WX5X157180; and 2005 Ford Crwn Vic #410, VIN: 2FAFP71 WX3XI04394. (Motion carried under the Consent Agenda) Lehman/Clay moved to accept, with regret, the resignation of Mark Myers from the Shakopee Fire Department, effective August 17, 2009. (Motion carried under the Consent Agenda) Lehman/Clay moved to approve the bills in the amount of$I,194,543.76 and electronic transfers in the amount of $418,931.23 for a total of$I,613,474.99. (Motion calTied under the Consent Agenda) Lehman/Clay moved to approve the minutes of July 28,2009, August 3,2009, and August 5, 2009. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6926, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Shakopee Valley Amateur Hockey Association, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay offered Resolution No. 6929, A Resolution Amending Resolution 6416, Setting A Uniform/Clothing Policy, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Clay offerd Ordinance No. 825, Fourth Series, An Ordinance of the City of Shako pee, Minnesota Amending City Code Section 3.15, Subdivision 1, Paragraph E. Relating to the Definition of Refuse and Recycling Receptacles, and moved its adoption. (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. Official Proceedings of the August 18, 2009 Shakopee City Council Page -3- Mayor Schmitt asked for Council Liaison reports. Cncl. Heitzman said he attended the Economic Development ad hoc committee meeting. The discussion was centered on bringing in businesses to theSouthbridge, downtown and 169/69 areas. Cncl. Heitzman said he also attended the school board meeting. He also said he attended the Downtown Partnership meeting. Cncl. Lehman had nothing to report. Cncl. Joos attended the Shakopee Public Utility Commission (SPUC) meeting. Discussed was the water rate study. Also brought up at the meeting was the contribution that SPUC makes to the City with regard to the water rate study. SPUC said they would like to set up a meeting regarding the contribution agreement. Cnc1. .laos also attended the Economic Development ad hoc committee meeting. Cncl. Joos said that Tammy Petrick of SPUC is also a member of the committee. She provided good information to the group as far as different rebates and different monitory enticement that can be used. Cncl. Clay had no formal report regarding the Transit Committee. Mr. Leek summarized the meeting that the Suburban Transit providers had with Met Council. Joos/Clay moved to recess for the Economic Development Authority meeting at 7:35 p.m. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 7:38 p.m. R. Michael Leek, Community Development Director, presented Council with the Proposed Text Amendment for Wind Energy Conversion Systems (WECS). Mr. Leek said that at a previous meeting Council directed staff to provide them with additional information prior to developing a proposed text amendment that would allow WECS at the Shakopee Public Utility site. The Planning Commission reviewed the draft amendment and has recommended approval with changes. Mr. Leek responded to questions from Council members. Lehman/Joos offered Ordinance No. 824, Fourth Series, An Ordinance ofthe City of Shakopee, Minnesota, Amending Chapter 11 (Zoning) of the City Code to Establish Regulations for Wind Energy Conversion Systems, and moved its adoption. Motion carried 5-0. Mr. Leek presented the Council with the Final Approval of the 2030 Comprehensive Plan. Mr. Leek said the Metropolitan Council approved the 2030 Comprehensive Plan. He said it was submitted on December 31, 2008 and in July a letter was received indicating they completed their review. The plan is consistent with regional plans and it can be implemented with minor revisions. The recommendations are to provide Met Council with the dates that Prior Lake Spring Lake and Lower Minnesota River Watershed Districts approved the Comprehensive Surface Water Management Plan and Approve Shakopee's Tier II Comprehensive Sewer Plan. Mr. Leek said that staff has made the minor modifications required that are set forth in the letter and attending comments. The changes are included in the copy that Council has received. Once the final copy is adopted by Council, it will be sent to the Metropolitan Council for their record. Mayor Schmitt asked Mr. Leek if the use of the Prior Lake interceptor has a much smaller impact on the Comprehensive Plan because of last years land acquisition of the Shakopee Mdewakanton Sioux Community (SMSC). Official Proceedings of the August 18, 2009 Shakopee City Council Page -4- Mr. Leek said that the Prior Lake interception is a small impact on the Comprehensive Plan because of the land ac.quisition. It is more available for property to the south. Mayor Schmitt said that in the past the Met Council has underestimated the growth of Shakopee and is wondering if something is being done about that. Mr. Leek said that the joint planning effort initiate by SCALE will hopefully turn that around. Cncl. Lehman asked several clarifying questions in the letter Met Council sent to the City. One of the questions was regarding the CSAH 17 corridor and the traffic impact. Mr. Leek said he has tried to push for discussion about Highway 101 and what the impact is going to be and that area for existing homes and businesses. Cncl. Lehman also said that the intersection of Highway 169 and County Road 69 is not mentioned in the Comprehensive Plan as a major intersection for development. Mr. Leek said that if Council wished he could draft an amendment to the plan regarding that area. However, Mr. Leek said that the intersection is actually in Louisville and Jackson Townships and was shown in the Comprehensive Plan as an opportunity for growth in the future. He also said when the plan was developed there hadn't been a decision on the Highway 41 crossing until recently. Cncl. Joos discussed the aggregate land. He said it's a resource that the City of Shakopee has and it needs to be protected and utilize it when the opportunity arises. Mr. Leek said that the only land on the aggregate maps is currently owned by the SMSC and the small area south of Valley View Road and the rest of it is to the west of the City. Joos/Heitzman offered Resolution No. 6928, a Resolution of the City of Shakopee Adopting the City's 2030 Comprehensive Plan update, and moved its adoption. Motion carried 4-1 with Councilor Lehman opposed. Bruce Loney, Public Works/Engineering Director, presented Council with Considering Parking Control Signage for Countryside Streets North of Shakopee High School. Mr. Loney said in June the Traffic Safety Review Committee met and recommends installing two-hour parking signs during school hours at the intersections 1 ih A venue and Breton, Shire, and Tarpan Streets. The new signage would be in affect for the upcoming school year and would also apply to all of the residents in the area. Mr. Loney said that there are a few concerns regarding installing the signage such as the construction workers who are currently working in the area and park on the streets. The other concern is that once the signs are installed, students tend to park in other development areas around the school even though they are further away. Jim Thomson, City Attorney, said practically speaking he would suggest moving forward with the two hour parking signs and deal with the construction workers for as long as it takes for the completion of the development. Clay/Joos authorized the installation of two-hour parking control signs during school hours on Breton Street, Shire Street and Tarpan Street north of 1 ih Avenue. Motion carried 5-0. Official Proceedings of the August 18, 2009 Shakopee City Council Page -5- Mayor Schmitt asked if there any items of other business to discuss. Mayor Schmitt addressed the issue regarding how the general public can be notified about SCALE meeting agendas and minutes of their meetings. Mayor Schmitt said that SCALE is putting together TV programs that will begin running on the local cable channel in a week or so. The press has also been attending some of the meetings which are written about in the local news papers. Mayor Schmitt also said that the Metropolitan Council will be involved in a meeting with SCALE. The meeting is scheduled for Friday, October 9, 2009 and he encourages local community Councils to attend the meeting. Mayor Schmitt also said that SCALE has adopted a plan to include in the transportation plan an economic development plan and hiring an economic development director to work for the needs of all the cities. This will be brought to all agencies within the next six weeks. Mayor Schmitt also announced that he is going to run for Mayor again in the upcoming election. Heitzman/Lehman moved to adjourn to Tuesday, September 1,2009 at 7:00 p.m. Motion carried 5-0. The meeting adjourned at 9:05 p.m. ~~-J.o/ [u'dith S. Cox City Clerk Kim Weckman Recording Secretary . OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 1, 2009 ~. Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, Terry Joos and Steve Clay present. Also present Mark McNeill, City Administrator; Sarah Sonsalla, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Jamie Polley, Park, Recreation, and Natural Resource Director; Rick Coleman, Fire Chief; and Jeff Tate, Police Chief. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said there were no changes to the agenda. Joos/Heitzman moved to approve the agendas as presented. Motion carried 5-0. In the Mayor's Report Mayor Schmitt said he attended the Highway 101 corridor meeting. Discussed was the traffic impact on the intersections on First Avenue. Design'concepts will be discussed at the next meeting in October. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill said ,there were no changes or deletions. Joos/Clay moved to approve the Consent Agenda. Mr. McNeill read the Consent agenda. Motion carried 5-0. JooslClaymoved to declare the 1996 Chevrolet Tahoe, VIN: IGNEK13R9TJ368103; the 1997 Mercury Sable; VIN: IMELM50U7VG620410; and the 2006 GMC Sierra, VIN: 2GTEK63N561152363 as surplus property. (Motion carried under the Consent Agenda) J ooslClay moved to authorize the payment of $1 ,500.00 from the police department's drug forfeiture fund to the Meth Task Force for anti-drug presentations in the Shakopee Schools for the 2009-2010 school year. (Motion carried under the Consent Agenda) JooslClaymoved to declare the 1992 White/GMC engine as surplus property and place the engine on e- bay. (Motion carried under the Consent Agenda) Joos/Clay offered Resolution No. 6933, A Resolution Accepting Work on the Beckrich Park Estates and Kristal Estates Sewer and Water Improvements, Project No. 2007-10, and moved its adoption. (Motion carried under the Consent Agenda) J ooslClay moved to authorize the appropriate officials to execute a Cash Deposit Agreement for the extension of Hansen Avenue from Crossings Boulevard to County Road 18. (Motion carried under the Consent Agenda) JooslClay offered Resolution No. 6932, A Resolution of the City of Shakopee Appointing Cedar Fair L.P. dba Valley Fair Amusement Park as an Agency ofthe City for the Purposes of Maintaining the Valley Fair Levee. (Motion carried under the Consent Agenda) Official Proceedings of the September 1, 2009 Shakopee City Council Page -2- Joos/Clay moved to grant Josh Davis full-time, regular status as a Police Officer for the City of Shakopee. (Motion carried under the Consent Agenda) Joos/Clay moved to accept, with regret, the resignation of Al Gies from the Shakopee Fire Department, Effective August 27,2009. (Motion carried under the Consent Agenda) Joos/Clay (Motion carried under the moved to approve the bills in the amount of$I,279,693.96 and electronic transfers in the amount of $443,097.23 for a total of$I,722,79LI9. Consent Agenda) Joos/Clay moved to approve the minutes of August 11, 2009. (Motion carried under the Consent Agenda) Joos/Clay moved to approve the application and grant a temporary on-sale liquor license to the Church of St. Mary at 2700 1 ih Avenue East, for October 4,2009. (Motion carried under the Consent Agenda) Joos/Clay moved to require commercial general liability insurance in the amount of $1.5 million from contractors for street and utility construction; require commercial general liability insurance in the amount of $1.0 million from applicants for a right-of-way permit to work in the right-of-way, and require commercial general liability insurance in the amount of $1.0 million for amusement and non-profit activities on right-of-way and park property. (Motion carried under the Consent Agenda) Mayor Schmitt asked if there was anyone in the audience who wished to speak on a matter that is not on the agenda. Scott Duffney, 674 Jackson Street, said that he has been treated unfairly by the Shakopee Police Department. Mr. Duffney said that in June he received a warning in the mail because he was in violation of City Code, a vehicle, a Buick, he owns was parked on grass in his yard that he was trying to sell. Mr. Duffney said that a week later he received another letter and a ticket in the mail from the Police Department because a different vehicle he owns, a Mercury, was parked in a carport alongside his garage. Mr. Duffney is asking that the Council direct the Police Department to review the case and revoke the ticket. Mr. McNeill advised Mr. Duffney that the Police Chief was at the meeting and would like to meet with Mr. Duffney to discuss the matter. Janet Williams, Mayor for the City of Savage, Barry Stock, Savage City Administrator, and Thomas Terry, City Administrator for the City of Elko-New Market, presented Council with a presentation regarding a proposed charter for the Scott County Association for Leadership and Efficiency (SCALE) Unified Economic Development, Land Use, and Transportation Plan, and requesting City Council to adopt a resolution adopting the charter. Ms. Williams discussed the background of SCALE and need for the charter. Mr. Stock outlined the purpose of the charter and its intension to provide a vision for unified economic development, land use and transportation within Scott County. The Charter is intended to provide focus, direction and policy guidance as the SCALE communities move forward into a more formal effort. The Unified Plan effort of the charter is to develop a county-wide economic development, integrated land-use and transportation strategy to achieve a vision of employing 50 percent ofthe County's labor force within the County by 2030. Official Proceedings of the September 1, 2009 Shakopee City Council Page -3- Mr. Stock said that SCALE is asking for a contribution of $120,000 from the members of SCALE for work plans, planning efforts. He noted that the process will need assistance of staffs from the governmental members of SCALE. Mr. Stock responded to questions. Cncl. Lehman said he's concerned about the lack of general public representation by SCALE. He is also concerned about the monetary contribution the City would need to make to SCALE to be involved in the Charter. Mr. Stock said that SCALE is just a group working together to reduce expenses and improve efficiencies, they have no power. Joos/Clay offered Resolution No. 6934, A Resolution of the City of Shako pee Adopting the SCALE Unified Economic Development, Land Use, and Transportation Plan Charter and Authorizing the Appropriate City Officials to Execute the Charter on Behalf of the City of Shakopee, and moved its adoption. Discussion followed. Cncl Joos, Cncl. Clay, and Mayor Schmitt shared their supportive comments to the project. Mayor Schmitt asked for a vote on .the motion. Motion carried 4-1 with Cncl. Lehman opposed. Mayor Schmitt asked for Liaison Reports. Cncl. Lehman and Cncl. Clay had nothing to report. Cncl. Joos said he attended the ad hoc Economic Development meeting. Cncl. Heitzman attended the ad hoc Economic Development meeting, the school board meeting, and the Down Town Partnership meeting. Mark McNeill, City Administrator, presented Council with the Recycling Options, Refuse Collection Contract. Mr. McNeill said the City received a letter from Dick's Sanitation, who is currently contracted with the City of Shakopee for garbage and refuse collection, proposing a "one sort" recycling system, where all the recycling materials that are generated by a customer are placed into a roller container, which would be identical to the current garbage bins. The collected materials are then sorted mechanically at a central processing location. For Dick's to justify the investment of$1.1 million (the amount needed to purchase the containers), they ask that their current contract be extended for an additional five years. David Domack, V.P. Sales and Marketing for Dick's Sanitation, answered questions Council had regarding the one sort recycling system. Lehman/Heitzman directed staff to gather more information regarding one source recycling and bring it back to Council. Motion carried 5-0. Lehman/Heitzman moved to recess. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 8:25 p.m. Mr. McNeill presented Council with Park Encroachment Agreements. Official Proceedings of the September 1, 2009 Shakopee City Council Page -4- Mr. McNeill said that Council directed staff to look at ways of accommodating certain encroachments into parks and conservation easements. The direction from Council was after an appeal was made by the homeowners of 8051 Horizon Drive. Mr. McNeill said the City Attorney has drafted a document whichwould allow the encroachment to remain with conditions. Mr. McNeill listed the conditions in the agreement and explained the rationale for compensation to the city in the amount of $3,300. Mr. McNeill noted that the City Attorney's proposed agreement was shared with the attorney representing the appellants in this case. The appellants' attorney, Ryan Boe of Larkin Hoffman Daly & Lindgren Ltd., who is representing the property owners, Linda Green and Richard Wett, addressed Council with his concerns and proposed changes to the encroachment agreement. With regard to the encroachment on city park land at 8051 Horizon Drive, Councilor Lehman stated that . he is okay with the $3,300 compensation, he would like the appellant to discuss insurance coverage with their insurance company, likes the hold harmless clause and indemnification for the city, would like the appellant to look into naming the city as an additional insured, believes a 15 year agreement is too long, maybe 7 - 10 years, and would like standards for maintenance added to. the agreement. Mayor Schmitt asked Councilor Lehman ifhe would like to make his comments into a motion. Lehman/Heitzman moved to direct staff to make adjustments to the draft encroachment agreement, as stated earlier. Councilor Joos expressed his desire to uphold the ordinance and that the encroachments be removed. Councilor Clay concurred with Councilor Joos and expressed concern saying yes to an encroachment for this property and saying no for other properties. Mayor Schmitt asked for a vote on the motion. Motion carried 3-2 with Cncl. Joos and Cncl. Clay opposed. Gregg V oxland, Finance Director, presented Council with the 2010 Proposed Tax Levy and Budget Resolution and the Canceling Debt Service Levy for 2009/2010 Resolution. Mr. Voxland said that state law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the County by September 15, 2009. The City has to certify the final levy to the.CountybyDecember 18,2009. Mr. Voxland said the proposed tax levy for 2009/2010 is $14,913,677 which is a $50,000 or 0.3% decrease due to the decrease in the referendum based levy for the fire station bonds. Mr. V oxland reminded Council that a decision to reduce the levy can be made at a later date. Mr. V oxland said the City is also required to certify a proposed budget to the County Auditory by September 15,2009. The resolution includes the proposed expenditures in the amount of$31,001,370. The date for the official public hearing on the tax levy and budget is December 1, 2009 at the regular Council meeting. Official Proceedings of the September 1,2009 Shakopee City Council Page -5- Mr. Voxland also discussed the resolution canceling the debt service levy for taxes payable in 2010 for the public works building. The Internal Service Building Fund will transfer money to the debt service fund in 2009. The General Fund will transfer money to the two debt service fund in 2009 and be reimbursed in 2010 by the limited tax levy. J oos/Clay offered Resolution Number 6930, A Resolution Setting Proposed Maximum 2009 Tax Levy, Collectable In 2010, and moved its adoption. Motion carried 5-0. LehmanlHeitzman moved to set the public hearing date for the 2010 tax levy and budget on December. 1, 2009 at 7:00 p.m. located at City Hall, 129 Holmes Street. Motion carried 5-0. Lehman/Joos offered Resolution No. 6931, A Resolution Canceling Debt Service Levy for 2009/2010, and moved its adoption. Motion carried 5-0. Mr. McNeill presented Council with an update to the Goals and Objectives. Mr. McNeill outlined the updated short term two-year goals which are supported by action steps. Council agreed with the updates. No action taken. Mayor Schmitt asked for any Council concerns. Cncl. J oos would like staff to create a policy regarding negations with homeowners regarding sewer backups to a residence that are determined not to be the fault ofthe city. He feels that since the City has paid out money to two homeowners for sewer back up damage, the City is setting precedence for future claims and would like a policy in place regarding negotiating costs with homeowners. Cncl. Clay said that the Council needs to learn how to follow the policies the Council adopts before considering adopting any new policies. Bruce Loney, Public Works Director, discussed the current policy that is in place regarding sewer backups. He also reminded Council that the Council voted against purchasing no-fault insurance for sewer backup claims. Mr. McNeill said that staff will look at the sewer backup policy and get the information that Council is looking for with regard to what is covered under an insurance policy. Joos/Lehman moved to adjourn to Tuesday, September 15,2009. Motion carried 5-0. The meeting adjourned at 9:20 p.m. 9\uJA J. Gf. ~ith S. Cox City Clerk Kim Weckman Recording Secretary