HomeMy WebLinkAbout5.F.2. Approval of Minutes: November 09, 2010The Pledge of Allegiance was recited.
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 09, 2010
Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members Matt Lehman, Pat
Heitzman, Steve Clay and Pamela Punt present. Also present Mark McNeill, City Administrator;
Kris Wilson, Assistant City Administrator; R. Michael Leek, Community Development Director;
Bruce Loney, Public Works Director; Jim Thomson, City Attorney; Gregg Voxland, Finance
Director; Jeff Tate, Police Chief; Rick Coleman, Fire Chief; and Judith Cox, City Clerk.
Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said
there were no changes to the agenda.
Clay/Punt moved to approve the agenda. Motion carried 5 - 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.
Mr. McNeill said there was a revision to 5.C.1., Set Public Hearing for Vacation of Alley East of
Apgar and South of 1 Avenue, Resolution No. 7063, changing the date for the hearing.
Cncl. Lehman asked to remove 5.F.6, Renewal of Towing Contract with Shakopee Towing.
Cncl. Clay asked to remove 5.F.4., Payment to Scott County and Special Assessments on Parcel
75. He also asked to remove 5.F.8., Approval Site Lease with Sprint for Telecomm Facility.
Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the
consent agenda. Motion carried 5 -0.
Lehman/Heitzman moved to authorize the recording of the Declaration of Easement located on
park property within the Riverside Bluffs development and authorize the proper city officials to
sign the easement. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to accept the Shakopee Lacrosse Association as a City - Affiliated
Youth Sports Association and authorize the proper city officials to enter into the appropriate
agreement. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to declare the 1997 Toyota Tacoma, VIN: 4TAWN74N9VZ237143;
the 1998 Buick Regal; VIN: 2G4WB52K7W1508801; and the 2001 Lincoln Continental, VIN:
1 LNHM97V61 Y682345 as surplus property. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7061, a Resolution of the City of Shakopee,
Minnesota, Accepting a $1,000 Donation from the Shakopee Jaycees, to Purchase Training
Equipment and Supplies for the Police Department's Emergency Driving Program, and moved
its adoption. (Motion carried under the Consent Agenda)
Official Proceedings of the November 09, 2010
Shakopee City Council Page -2-
Lehman/Heitzman offered Resolution No. 7064, a Resolution Authorizing Dispatch and Use of
Shakopee Fire Department Equipment and Services by the Fire Chief for Mutual Aid Calls, and
Authorizing Participation in the Minnesota State Fire Chiefs Association Fire Service Intrastate
Mutual Aid Plan, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7063, a Resolution Setting the Public Hearing Date to
consider the vacation of public right -of -way (alley) located south of 1 Avenue West and east of
Apgar Street, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7059, A Resolution Accepting Work on the 2009
Street Reconstruction Project No. 2009 -2, and moved its adoption. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to direct staff to install stop signs on 8th Avenue with the intersections
of Dakota Street. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to authorize the purchase of three full size police squads from Elk
River Ford, Inc., in the amount of $72,595.92 in accordance with the State of Minnesota patrol
car contract #443719. The funds to be expended from the Capital Equipment Internal Service
Fund. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to adopt the revised job description for the position of mechanic, as
presented, and direct staff to advertise the position and begin the interview process. (Motion
carried under the Consent Agenda) (CC Document No. 485)
Lehman /Heitzman moved to approve the bills in the amount of $928,939.01 and electronic
transfers in the amount of $871,322.28 for a total of $1,800,271.29. (Motion carried under the
Consent Agenda)
Lehman/Heitzman moved to approve the minutes of October 11, 2010 and October 19, 2010.
(Motion carried under the Consent Agenda)
Lehman/Heitzman offered Resolution No. 7058, a Resolution Canvassing Returns of Special
Election, and moved its adoption. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to approve the applications and grant an Off Sale 3.2 Percent Malt
Liquor License and Tobacco License to Northern Tier Retail, LLC, dba SuperAmerica, at 1155
East 1 Avenue, 1298 Vierling Drive East and 1195 Canterbury Road, conditioned upon
compliance with all licensing requirements and the surrender of the current licenses issued to
Speedway SuperAmerica LLC. (Motion carried under the Consent Agenda)
Lehman/Heitzman moved to accept the Sewer and Surface Water Funds budgets and direct staff
to include in the 2011 Fee Schedule the rates of: $5.00 for the Sewer base rate. Sewer flow fee
of $2.03 per 1,000 gallons of water use /flow and $3.63 for those accounts served by City of
Savage sewer system. A flat fee for unmetered residential accounts of $19.21. $6.87 per
residential equivalent factor per acre per billing cycle for the Surface Water Fund. (Motion
carried under the Consent Agenda)
Official Proceedings of the November 09, 2010
Shakopee City Council Page -3-
Mayor Schmitt asked if there was anyone in the audience who wished to speak on a topic that
was not on the agenda. No one responded.
Clay/Punt moved to open the public hearing for proposed assessments for the 2010 Street
Reconstruction Project, Project No. 2010 -1. Motion carried 4 -0 with Cncl. Lehman removing
himself from the table because he owns property in the reconstruction area.
Jeff Weyandt, Assistant City Engineer, presented Council with the final project cost of
$1,500,618.99, 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. Properties will be assessed on a per lot basis, and one -half for corner lots. The
proposed assessment rate is 52,938.79 per lot.
Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public
hearing.
Adam McLaughlin, 737 Shakopee Avenue, said he received two assessment notices and was
wondering why. Mr. Loney stated that the first assessment notice was based on the feasibility
study and the second and most recent notice is the final assessment notice.
Matt Lehman, 815 8 t17 Avenue, asked if he could appeal his assessment. Mayor Schmitt said he
would need to present the City Clerk with a letter stating his intent to appeal the assessment,
which Mr. Lehman did.
Clay/Heitzman moved to close the public hearing. Motion carried 4 -0.
Heitzman/Clay offered Resolution No. 7057, A Resolution Adopting Assessmenst for the 2010
Street Reconstruction Project, Project No. 2010 -1, and moved its adoption. Motion carried 4 -0.
Clay/Punt moved to open the public hearing for 2011 Currency Exchange Licenses. Motion
carried 5 -0.
Judith Cox, City Clerk, asked Council to consider applications for renewal of four currency
exchange licenses. The licenses will allow the applicants to engage in the business of cashing
checks, drafts, money orders, or travelers' checks for a fee.
The applicants are Madison Financial Companies dba MoneyXchange, 1147 Canterbury Road;
DRM LLC of Shakopee, dba Excel Pawn, 450 West 1 Avenue; Cash Systems, Inc. dba
Canterbury Park, 1100 Canterbury Road; and Los Gallos 13 Inc., dba Los Gallos, 582 S.
Marschall Road.
Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public
hearing. No one responded.
Lehman/Heitzman moved to close the public hearing. Motion carried 5 -0.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -4-
Lehman/Punt offered Resolution No. 7060, A Resolution Approving the Applications of
Madison Financial Companies dba MoneyXchange, 1147 Canterbury Road; DRM LLC of
Shakopee, dba Excel Pawn, 450 West 1st Avenue; Cash Systems, Inc. dba Canterbury Park, 1100
Canterbury Road; and Los Gallos 13 Inc., dba Los Gallos, 582 S. Marschall Road, and moved its
adoption. Motion carried 5 -0.
Mayor Schmitt asked to discuss items removed from the consent agenda.
Cncl. Clay removed 5.F.4., Authorizing Payment to Scott County and Special Assessments on
Parcel 75 because he recalled that in a previous Council meeting the Council agreed to write off
the assessments and keeping the money in the Park Reserve Fund.
Gregg Voxland, Finance Director, said that in 2006 the Council addressed the issue and decided
to pay off the principle amount of the assessment from the Park Reserve Fund. A few months
ago the Council reviewed related items but there was no decision reached on the Parcel 75
special assessments. It was delayed until there was closure and made sure the City got a quick
claim deed for the parcel.
Clay/Heitzman moved to approve payment to Scott County pursuant to the cooperative
agreement regarding the Lewis Street Bridge (#4175) in the amount of $520,883 from the Storm
Drainage Fund and to pay the principal balance of the special assessment due on Parcel 75 in the
amount of $368,441.17 from the Capital Improvement Fund. Discussion followed.
Mr. Voxland reminded Council that the assessment receivable is already in the Capital
Improvement Fund. The action should be to right off the assessment as opposed to pay it.
Clay/Heitzman moved to approve payment to Scott County pursuant to the cooperative
agreement regarding the Lewis Street Bridge (#4175) in the amount of $520,883 from the Storm
Drainage Fund and to write off the special assessments due on Parcel 75 in the amount of
$368,441.17. Discussion followed.
Cncl. Lehman asked how many acres of Parcel 75 would the Park and Recreation Department be
using. Mr. Voxland said 45 acres of the 50 acre parcel. Mr. Loney said most of the parcel will
be staying in its natural state.
Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0.
Cncl. Lehman asked for the removal from the consent agenda, 5.F.6, Renewal of Towing
Contract because he believes the City should go out for bids for the contract to see if there is a
lower bid.
Mr. McNeill said that given the requirements in terms of having the proper equipment to be able
to deal with certain aspects of accidents, there are very few that are able to meet those needs and
the response times. Mr. McNeill said there was some conversation in terms of whether there
should be a bid and the City hadn't received anything to the contrary so the negotation stayed.
Jim Thomson, City Attorney, said there are no legal requirements for the City to go out for bid.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -5-
Clay /Heitzman moved to authorize the appropriate City officials to enter into a contract with
Shakopee Towing for the period of January 1, 2011 through December 31, 2012; also, directed
staff, for the next contract period, that the City go out for bids. Motion carried 5 -0.
Cncl. Clay asked for the removal of 5.F.8, Site Lease for Telecomm Facility, from the consent
agenda because of the lease term negotiated with the City. Cncl. Clay said that the City offered
to lease the site for $650 a month and Sprint is only willing to pay $400 a month. Cncl. Clay
feels the City should decline the lease agreement.
Clay moved to authorize the appropriate city officials to execute a site lease agreement with
Sprint for a communication facility at 6100 Oxford Road for $1,000 a month with $650 of it
going to the City and $400 of it going to the local homeowners association.
Mayor Schmitt asked for a second on the motion. No one responded so the motion died for lack
of a second.
Lehman moved to authorize the appropriate city officials to execute a site lease agreement with
Sprint for a communication facility at 6100 Oxford Road for $400 a month subject to final
review by Kennedy and Graven and City Staff and noted the design standards for the fence in the
staff memo.
Mayor Schmitt asked for a second on the motion. No one responded so the motion died for lack
of a second.
Steve Truman, Representative for Sprint, stated that all sites are driven by budgets and Sprint is
somewhat limited to what can be paid for a lease on the ground. Mr. Truman said that Sprint
will not agree to more than a $400 lease for the area. He said it would be a service to Sprint
customers who use their service within a one mile radius. Screening around the platform is of a
type of fencing that the Homeowners Association desires. The equipment is not much taller than
the fence to be erected.
Clay/Punt moved to authorize the appropriate city officials to execute a site lease agreement with
Sprint for a communication facility at 6100 Oxford Road for $650 a month subject to final
review by Kennedy and Graven and city staff Motion carried 4 -1 with Cncl. Lehman opposing.
Mayor Schmitt asked for Council Liaison Reports. Cncl. Clay attended the Shakopee Public
Utilities Commission (SPUC) meeting. Discussed was the approval of the operating budget for
2011. Marty Glynn an employee of SPUC received an award for his work on helping cities that
were dealing with the floods. They approved $329,000 payable to the City for their portion of
profits. The new water manger was introduced at the meeting. Cncl. Lehman discussed the new
railroad tracks being laid along 2 Avenue. Cncl. Punt attended a Scott County Transit
meeting. The discussion consisted of continued discontent with the Metropolitan Council. Cncl.
Heitzman attended the school board meeting. The construction of Jackson Elementary is on
schedule and should be completed by the end of May of 2011.
Rick Coleman, Fire Chief, presented Council with the Land Search for Fire Station 4.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -6-
Fire Chief Coleman said that the City has been planning for many years to purchase land for fire
station 4. Staff believes this is a good opportunity to purchase land for the future station because
land prices have come down. Actual construction of a station at this site is many years off.
Chief Coleman said the search parameters for this site is located near 170 Street (County Road
14) between Marystown Road and Zumbro Avenue. Chief Coleman said that Scott County has
staff who are experienced in the negotiation of land purchases and has agreed to assist the City in
this project.
Clay/Heitzman moved to authorize City staff to begin the process to acquire land for fire station
number 4, as discussed. Motion carried 5 -0.
Bruce Loney, Public Works/Engineering Director, presented Council with the Consideration of
Traffic Study for Shakopee Avenue and Dakota Street.
Mr. Loney said a traffic study for the intersection of Shakopee Avenue and Dakota Street was
conducted per Council direction. Mr. Loney said the intersection currently has stop signs on
Dakota Street at Shakopee Avenue. Recently a sidewalk was installed on the east side of Dakota
Street for a pedestrian connection to Pearson Elementary and 10 Avenue. Mr. Loney also said
that during the school arrival and departure times, the school has crossing guards stopping traffic.
Mr. Loney said the traffic volume on Shakopee Avenue is 895 average daily total and 779
average daily total for Dakota Street. Mr. Loney said the traffic volume does not meet the
standards for a four -way stop.
Mr. Loney said the parking along Shakopee Avenue on the southside and close to the
intersection of Dakota is a problem. The parking causes a site distance problem for operation of
the intersection. Staff is proposing parking restrictions on Shakopee Avenue near Dakota to
provide adequate sight distance.
Clay/Punt moved to accept the study and recommendations for additional parking control on
Shakopee Avenue as shown in Figure A. (Restricting parking on the south side of Shakopee
Avenue east of Dakota Street approximately three spaces) Motion carried 5 -0.
Mr. Loney presented Council with the Parking Issue on Shakopee Avenue by Pearson
Elementary.
Mr. Loney said that the City received a letter from Dale Vohnoutka at 935 East Shakopee
Avenue concerning parking issues with his mailbox, driveway and garbage service. Mr.
Vohnoutka would like to see parking restrictions signs because his mail and garbage service have
been disrupted by people who park to close to his mailbox or garbage containers. Mr.
Vohnoutka said the people who park in the area are either school staff members or parents of
students who attend Pearson Elementary.
Mr. Loney suggested restricting parking along Shakopee Avenue seems to be a reasonable
solution but the restriction would also restrict parking for all of the residents in the area. Staff
suggests a "No Parking During School Hours" as appropriate signage.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -7-
Dale Vohnoutka, 935 E. Shakopee Avenue, addressed Council. Mr. Vohnoutka explained to
Council how the parking problem has caused him not to receive mail or garbage service. He
would like to see the parking restriction signs put in place.
Lehman/Heitzman moved to direct the Traffic Safety Committee to bring back a
recommendation of "No Parking During School Hours" on the north side of Shakopee Avenue
from Prairie Street to Dakota Street; and also, to direct the Police Department to follow up with
enforcement of speeding and parking in the area during school hours. Motion carried 5 -0.
Mr. Loney presented Council with a request to replace the stop sign at 5 Avenue and
Sommerville Street.
Mr. Loney said staff received a request from Tom Breeggemann who would like to address
Council about the removal of the stop signs at Sommerville Street at 5 Avenue.
Mr. Loney said that the Traffic Safety Review Committee recommended to Council in a previous
meeting to remove the stop sign at Sommerville Street at 5 Avenue because the traffic count
does not meet the requirements of a four way stop.
Tom Breeggemann of 233 5 Avenue, addressed Council. Mr. Breeggemann said he would like
to present the City Clerk with a petition from area residents asking for the stop sign to be
reinstalled on Sommerville Street at 5 Avenue. Mr. Breeggemann said that he is concerned for
the safety of the young children in the area as well as the patrons who attend St. Mary's Church.
Lehman/Heitzman directed staff review the request made by Mr. Breeggemann to reinstate the
stop sign on Sommerville Street at 5 Avenue and also look at the school pick up and route as
well as the church service patterns and speeding in the area. Motion carried 5 -0.
Lehman/Heitzman moved to recess for five minutes. Motion carried 5 -0.
Mayor Schmitt reconvened the meeting at 8:44 p.m.
Mark McNeill. City Administrator. presented Council with the Metro Cities — Draft Legislative
Policies.
Mr. McNeill said that Council is being asked to endorse the draft 2011 Legislative Policies, as
recommended by the Metro Cities Legislative Policy Committee.
Mr. McNeill said that if there is a clear direction from at least three Council members to debate
and request a policy modification, the City's representative at the meeting will seek to address
that from the floor.
Each Council member got to weigh in their opinion regarding the endorsement of the Legislative
Policies.
Clay/Punt moved to endorse the 2011 Metro Cities draft Legislative Policies as written. Motion
carried 3 -2 with Cncl. Lehman and Cncl. Heitzman opposing.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -8-
Kris Wilson, Assistant City Administrator, presented Council with the Future of Congregate
Dining Program.
Ms. Wilson provided back ground of Congregate dining as well as the long -term lease for space
inside the senior high rise at 200 Levee Drive to provide a site for the program. Ms. Wilson said
that in addition to making lease payments, the lease also obligates the City to pay the utilities and
provide maintenance and custodial service for the space.
Ms. Wilson said that given the lack of participant interest, the high cost of the lease and the CAP
Agency's ability to continue to provide the current participants with meals via an alternative
method, staff recommends that the City formally end its participation m the program
immediately.
Lehman/Heitzman moved to direct staff to give written notice to the owner of the 200 Levy
Drive building that the City does not wish to extend its lease relationship and to formally notify
the CAP Agency that the City will no longer be leasing a space for the congregate dining
program, effective January 1, 2011. Motion carried 5 -0.
Mr. McNeill presented Council with the Term of the Office of Mayor.
Mr. McNeill said that earlier this year the City Council held a preliminary discussion on three
proposed changes to the format of government in Shakopee. Mr. McNeill said that only the term
of the Mayor was of interest and at that time was told that it sould be brought back for
consideration after the budget process.
Mr. McNeill provided and discussed the pros and cons of having a two -year term verses a four -
year term Mayor as well as information from other Cities who have four year term Mayors.
Each Council member was given an opportunity to discuss their thoughts regarding the issue.
Cncl's. Heitzman, Lehman and Punt agreed to keeping the two year term Mayor and Mayor
Schmitt opted for the four year term Mayor. The majority were in agreement to leave the
Mayor's position at a two year term.
Mayor Schmitt asked if there were any Council concerns.
Cncl. Lehman said that he received several emails regarding the removal of the stop sign at 12
and Harrison Street. Mr. McNeill said that the intersection will be reviewed at the Traffic Safety
Review Committee meeting in December. Cncl. Lehman also asked that they discuss changing
the signs that are put in place when a signage at an intersection has been changed. He would like
the signs to be more specific regarding what the changes at the intersection are.
Cncl. Heitzman would also like the Traffic Safety Review Committee to discuss putting up
School Zone signs in the area where the stop sign was removed on 10 Avenue at Apgar Street
to CR 15. Another suggestion is for the committee to discuss with the County about lowering
the speed limit on Adams, Fuller and Spencer between 17 Avenue and Vierling Avenue
because they are all school routes.
Official Proceedings of the November 09, 2010
Shakopee City Council Page -9-
Punt/Heitzman moved to adjourn to Tuesday, November 23. 2010 at 7:OOp.m. Motion carried
5 -0.
The Council meeting ended at 9:27 p.m. on Tuesday, November 09, 2010.
tk J. (4%)L
Judith S. Cox
City Clerk
Kim Weckman
Recording Secretary