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HomeMy WebLinkAbout5.F.2. Approval of Minutes: November 04, 2009 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,Mll{NESOTA NOVEMBER 4, 2009 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat Heitzman, and Steve Clay present, Councilor Terry Joos was absent. Also present Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Jamie Polley, Park, Recreation, and Natural Resource Director; and Jeff Weyandt, Assistant City Engineer. Councilor Elect Pamela Punt was also in attendance. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill asked to add 13.FA, Joint Powers Agreement - City of Victoria. LehmanlHeitzman moved to approve the amended agenda adding 13.FA, Joint Powers Agreement - City of Victoria. Motion carried 4-0. In the Mayor's Report Mayor Schmitt had nothing to report. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Clay asked to remove 5.D.l, Encroachment Agreement - 8051 Horizon Drive and add 13.FA., Joint Powers Agreement - City of Victoria to the consent agenda. LehmanlHeitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the consent agenda. Motion carried 4-0. LehmanlHeitzman moved to declare the 1986 Spartan Rescue truck as surplus property and place the rescue truck on ebay. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize appropriate city officials to sign the Minnesota Internet Crimes Against Children Task Force, Multi-Agency Law Enforcement Agreement. (Motion carried under the Consent Agenda) LehmanlHeitzman moved to authorize the appropriate City officials to execute the Memorandum of Understanding with the City of Prior Lake for the reimbursement oflocal match costs for the (JARC) jobs access reverse commute grant. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept the technical evaluation and the recommended floodway as they relate to the flood plain overlay zone for Whitebox Commodities Holding Corporation, 3251 Highway 101, as contained in the file for Conditional Use Permit No. PC09-028. (Motion carried under the Consent Agenda) Official Proceedings of the November 4,2009 Shakopee City Council Page -2- Lehman/Heitzman offered Resolution No. 6958, A Resolution Approving a Withdrawal and Termination from the Joint and Cooperative Agreement for the Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to accept, with regret, the resignation of John Sullivan from his position as paid-on-call firefighter with the Shakopee Fire Department. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate officials to enter into an agreement with Madison Life for the provision of life and long-term disability insurance for benefits-eligible City employees for calendar years 2010 and 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $531 ,413 .92 and electronic transfers in the amount of$380,614.45 for a total of$912,028.37. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the minutes of October 20, 2009. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve Resolution No. 6957, a Resolution Canvassing Returns for the Municipal Election. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to set a public hearing for the issuance of revenue bonds by the City of Victoria on December 1,2009. (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. No one responded. Lehman/Heitzman moved to open the public hearing on proposed assessments for the 2009 Bituminous Overlay, Project No. 2009-3. Motion carried 4-0. Jeff Weyandt, Assistant City Engineer, presented Council with Project No. 2009-3. Mr. Weyandt said the project has been completed and all project costs identified, The final project costs is $416,003.29, which consists of construction costs, financing costs and engineering/administration costs. Mr. Weyandt said City policy is to assess 30% of the project costs to the benefitting properties. Mr. Weyandt displayed a map ofthe project areas and explained that properties in area "A" (Stagecoach Road and 13th Avenue) are based on front footage with assessable front footage being capped at 100 feet for properties zoned Rural Residential and with less than 300 feet of front footage. The assessment rate per foot is $5.57. The properties adjacent to the improvements in area "B" (Boiling Springs Lane) will be assessed on a per lot basis. The assessment rate per lot is $1,199.00. Mr. Weyandt stated that payback is five years at five percent interest. Official Proceedings of the November 4,2009 Shakopee City Council Page -3- Mr. Weyandt stated that he received a letter from RJ. Property Holdings, LLC, who own property at 1315 Maras Street, Shakopee. Mr. Weyandt stated that the letter claims they were never notified of the public hearing regarding this project and wish to reserve their right to appeal the assessment. Jamie Bowler, R.J. Property Holdings, LLC, 3441 Bluff Dr., Jordan, MN, addressed Council with his concern regarding the assessments. Mr. Bowler said he never received the letter last February regarding the public hearing regarding the project. Mr. Bowler said he objected to the project because he felt the asphalt was still in good condition and didn't need to have the overlay. Mr. Bowler said he would like to reserve the right to appeal the assessments. Mayor Schmitt asked if there was anyone else in the audience who wished to speak at the public hearing. No one responded. Heitzman/Clay moved to close the public hearing. Motion carried 4-0. Clay/Heitzman offered Resolution No. 6955, A Resolution Adopting Assessments for the 2009 Bituminous Overlay, Project No. 2009-3, and moved its adoption. Motion carried 4-0. Lehman/Clay moved to open the public hearing on proposed assessments for the 2009 Street Reconstruction Project, Project No. 2009-2. Motion carried 4-0. Jeff Weyandt, Assistant City Engineer, presented Council with Project No. 2009-2. Mr. Weyandt outlined the project area for Council and said the project has been completed and project costs identified. The final project cost is $1,184,547.83 which consists of construction costs, financing costs and engineering/administration costs. Mr. Weyandt said the City policy is to assess 30% of the project costs to the benefiting properties. The properties will be assessed on a per lot basis. The assessment rate for property north of 10th Avenue is $3,229.90 per lot. The assessment rate for property south of 10th Avenue is $407.72 per lot with a 10 year payback at five percent interest. Mayor Schmitt asked if there was anyone in the audience that wished to speak at the public hearing. No one responded. Heitzman/Clay moved to close the public hearing. Motion carried 4-0. Lehman/Clay offered Resolution No. 6956, A Resolution Adopting Assessments for the 2009 Street Reconstruction Project, Project No. 2009-2, and moved its adoption. Discussion followed. Cncl. Lehman asked about when it would be appropriate to discuss the interest rate charged to homeowners. Gregg V oxland, Finance Director, explained that the interest rate for special assessments is set at 1.5 percent overthe bond rate. Mayor Schmitt asked for a vote on the motion. Motion carried 4-0. Official Proceedings of the November 4, 2009 Shakopee City Council Page -4- Mayor Schmitt asked to discuss items removed from the Consent Agenda. Cncl. Clay said that he asked to remove 5.D.1, Encroachment Agreement - 8051 Horizon Drive from consent because he wanted to have the chance to vote against the action. Clay/Heitzman moved to adopt a revised agreement with Richard Wett and Linda Green for an encroachment agreement for property located adjacent to 8051 Horizon Drive in Shakopee. Motion carried 3-1 with Cncl. Clay opposed. Mayor Schmitt asked for Council Liaison Reports. Cncl. Clay had. nothing to report. encl.. Lehman said he attended the Chamber of Commerce planning session. Discussed was downsizing the marketing of the entertainment area for advertisement and focusing more on our own areas. CncL Heitzman said he attended the school board meeting and said that since the school levy passed the naming of the new elementary school will be taking place soon. Michael Leek, Community Development Director, presented Council with the recommendations from the Economic Development Ad Hoc Committee. Mr. Leek said that earlier this year the Council invited the Shakopee Chamber of Commerce and Downtown Partnership to join with two members of Council in developing recommendations regarding how to position the City of Shakopee for economic development into the future. The recommendations of the Committee fall into the following general categories of reconstitution of a very active economic development advisory committee (EDAC), development by th.e EDAC of marketing efforts for the City in general and the specifically identified areas of the City, development and implementation of additional gap financing tools, and coordination of these efforts with other projects and studies. After questions and discussion from Council, it was decided to table the recommendations and have a workshop with the members of the Ad Hoc committee. Clay/Heitzman moved to table the recommendations of the Economic Development Ad Hoc Committee and directed staff to organize a joint meeting between the City Council and the Economic Development Ad Hoc Committee. Motion carried 4-0. Jamie Polley, Park, Recreation and Natural Resources Director, presented Council with the Park and Open Space Maintenance Agreement for 6825 Sussex Lane. Ms. Polley said that in June an encroachment removal letter was sent to the property owner, Mark Yost, of 6825 Sussex Lane. The area in question is a strip of park and open space that the resident has been maintaining. On the west end of this space, the owner has installed stone landscaped area with several coniferous trees covering roughly 40x25 feet into the park land. On the east end of the space is a garden that extends 40 feet into the park and open space area. The area is being mowed and irrigated by the resident. Official Proceedings of the November 4,2009 Shakopee City Council Page -5- In July the Park and Recreation Advisory Board (PRAB) reviewed a letter submitted by the property owner outlining the history of the area. Mr. Yost said he worked with the developer and the City to fix up the area. The developer purchased the sod and Mr. Yost stated that the City allowed him to maintain the sodded area. The PRAB is recommending that the City Council enter into a maintenance agreement with Mr. Yost that would allow him to continue to maintain the park property. The agreement gives the property owner the rights to access the property to maintain it to the same standards as the property owner's property. The agreement can be terminated by the City Council and would allow the City to retain the rights to access the property and utilize it for any purpose. Lehman/Heitzman moved to direct the appropriate City officials to enter into a maintenance agreement with the property owner at 6825 Sussex Lane for the continued maintenance of the approximately .19 acres of City park property, adjacent to that address. Discussion followed. Cncl. Lehman asked about removal of the sprinklers that are on the park land. Jim Thomson, City Attomey,advised that with the agreement that has been drawn up the sprinklers are allowable. Ifthe City terminates the agreement with Mr. Yost, then the sprinklers would need to be removed. Mayor Schmitt asked for a vote on the motion. Motion carried 3-1 with Cncl. Clay opposed. Mark McNeill, City Administrator, presented Council with the Metro Cities - Draft Legislative Policies. Mr. McNeill said that Council received legislative policies which are being provided by Metro Cities, which is an association of Twin Cities-area municipalities that advocates for city interests at the legislature and before the Met Council. The policies are recommended after a study by four policy adoption committees, which are comprised of elected and appointed officials from the cities. Clay/Heitzman moved to endorse the 2010 Metro Cities draft Legislative Policies but remove for comment at the annual meeting the 2006 eminent domain law should not be changed, opposed street improvements taxing district without knowing more details of how it would be implemented, and the selection of Metropolitan Council members should provide at least one representative from each County. Motion carried 4-0. Gregg Voxland, Finance Director, presented Council with the 2010 Sewer and Storm Utility Budgets and Rates. In the sewer fund it is proposed that the base fee of $7.50 per billing cyc1e be decreased to $7.00. This would be a decrease in revenue of about $58,000. It is recommended to increase the flow charge for sewer. The 2009 flow charge is $1.70 per thousand gallons and it is recommended to increase it to $1.98 to match the Metropolitan Council Environmental Services treatment rate. With the proposed flow rate increase, an average residential user's bill would go from $19.40 per month to $20.86. Official Proceedings of the November 4,2009 Shakopee City Council Page -6- Mr. Voxlandthen discussed the Surface Water (Storm) fund. He said a decrease in the rate is recommended. The current rate per month is $2.92 for a residence. An 8% decrease from $2.92 to $2.69 is recommended based on the financial position of the fund at this time. Clay/Heitzman moved to accept the Sewer and Surface Water funds budgets and direct staff to include the 2010 Fee Schedule the rates of $7.00 for the Sewer base rate and sewer flow fee of $1.98 per 1,000 gallons of water use/flow and $3.26 for those accounts served by City of Savage sewer system. Also, $8.07 per residential equivalent factor per acre per billing cycle for the Surface Water Fund. Motion carried 3-1 with Cncl. Lehman opposed. Mr. McNeill presented Council with scheduling of a workshop to hear updates on the reconstruction of First Avenue/101, and give preliminary consideration regarding three Public Works issues. The proposed meeting date is set for Tuesday November 10,2009 at 7:00 p.m. Lehman/Heitzman moved to establish a workshop for the City Council to be held Tuesday, November 10, 2009 at 7:00 p.m. at the City Council Chambers. Motion carried 4-0. Mayor Schmitt asked if there were any Council concerns. Cncl. Clay asked that future Council packets be sent to the newly elected Councilor, Pamela Punt. Cncl. Clay also would like to direct staff to corne up with a policy for approval directing all staff members never to enter into a verbal agreement with any citizen on any issue concerning real estate or real property. Cncl. Heitzman asked that Councilor elect, Pamela Punt, should be invited to the workshop meeting scheduled for Tuesday, November 10,2009. He also asked if the fire department is hiring people to replace the people who have recently left due to retirements or resignations. Mr. McNeill said the fire department is in the process of establishing an eligibility list. Lehman/Heitzman moved to adjourn to Tuesday, November 10,2009 at 7:00 p.m.. Motion carried 4-0. The meeting adjourned at 9:05 p.m. (2.~ J .0/-. ~ dith S. Cox City Clerk Kim Weckman Recording Secretary