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HomeMy WebLinkAbout5.F.2. Approve Minutes of October 3, 2006 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 03,2006 Mayor John Schmitt called the meeting to order at 6:30 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Gregg V oxland, Finance Director. Joos/Clay moved to recess for an executive session. Motion carried 5-0. Mayor Schmitt reconvened the meeting at 7: 1 0 p.m. Additional staff present: Mark Themig, Park, Recreation and Facilities Director; Bruce Loney, Public Works/Engineering Director; Dan Hughes, Chief of Police; and Kris Wilson, Assistant City Administrator. The Pledge of Allegiance was cited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mayor Schmitt asked that I5.FA, Action for Litigation Resolution be moved to section 10, Items removed from consent agenda. Mr. McNeill asked that 7.E.5, Authorization to Hire for maintenance Operator Position, be deleted from the consent agenda because the candidate has withdrawn. Menden/Joos moved to approve the Agenda as amended. Motion carried 5-0. Mayor Schmitt stated there was nothing to discuss on the Mayor's Report. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. No additions or deletions were made. Lehman/Joos moved to approve the Consent Agenda. Motion carried 5-0. Lehman/Joos offered Resolution No. 6509, A Resolution Accepting work on Greenfield West Neighborhood Park, Project PR 2005-1, and moved its adoption. (Motion carried under Consent Agenda) Lehman/Joos moved to accept, with regrets, the resignation of John Clay from the Parks and Recreation Advisory Board and thanked him for the contributions he has made for the residents of Shakopee. (Motion carried under Consent Agenda) Lehman/Joos offered Resolution No. 6506, A Resolution Declaring the Amount to be Assessed, Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse Bills, and moved its adoption. Also, directed a $45.00 assessment penalty be added to assessment amounts for City administrative costs. (Motion carried under Consent Agenda) Lehman/Joos moved to authorize the appropriate City officials to enter into the D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 2006-2007 school year. (Motion carried under Consent Agenda) Official Proceedings of the October 03, 2006 Shakopee City Council Page -2- Lehman/Joos moved to authorize the appropriate city staff to enter into agreements to extend the current Police Liaison and School Resource Agreements through December 31,2007. (Motion carried under Consent Agenda) Lehman/Joos moved to declare the 1990 Oldsmobile Silhouette, VIN: IGHCU06D7LT314947 as surplus property. (Motion carried under Consent Agenda) Lehman/Joos moved to grant Jeff Tate full.;.time, regular status as a Captain with the Shakopee Police Department. (Motion carried under Consent Agenda) Lehman/Joos moved to authorize hiring Carmela Nascene for the part-time position of City Hall Receptionist, with a starting salary at Grade 1, Step E ($13.19 per hour), contingent on the successful completion of the City's required pre-employment screenings. (Motion carried under Consent Agenda) Lehman/Joos moved to authorize hiring Lori Cram for the half-time position of Communications Coordinator at Grade 6, Step F of the 2006 City Pay Plan, contingent on the successful completion of the City's required pre-employment screenings. (Motion carried under Consent Agenda) Lehman/Joos offered Resolution No. 6507, A Resolution of Appreciation to Francis J. Ries, and moved its adoption. (Motion carried under Consent Agenda) Lehman/Joos offered Resolution No. 6508, A Resolution of Appreciation to Marvin Athmann, and moved its adoption. (Motion carried under Consent Agenda) Lehman/Joos moved to approve the bills in the amount of$858,651.83. (Motion carried under Consent Agenda) Lehman/Joos moved to approve the City Council meeting minutes of August 22,2006; August 29,2006, and September 05,2006. (Motion carried under Consent Agenda) Lehman/Joos offered Resolution No. 6501, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion carried under Consent Agenda) Lehman/Joos moved to approve the application. and grant a temporary on-sale liquor license to the Church ofSt. Mary, 535 South Lewis Street, for October 15, 2006. (Motion carried under Consent Agenda) Lehman/Joos offered Resolution Number 6462, A Resolution Amending Resolution No. 6343, A Resolution Adopting the 2006 Budget, and moved its adoption. (Motion carried under Consent Agenda) Official Proceedings of the October 03, 2006 Shakopee City Council Page -3- Lehman/Joos move to reserve General Fund - Fund Balance in the amount of $1,479,874.90 for building permit related activities. (Motion carried under Consent Agenda) Lehman/Joos moved to authorize the appropriate officials to sign the "Recycling Program . Agreement" by and between Scott County and the City of Shakopee for Fall Clean-Up Day, October 28, 2006. (Motion carried under Consent Agenda) Mayor Schmitt asked if there was anyone who wished to discuss an item not on the agenda. No one responded. Menden/Joos moved to open the public hearing on the vacation of easements within Dean Lakes 4th Addition. Motion carried 5-0. . Mr. Leek advised Council that Ryan Companies has made an application for vacation of easements located within Dean Lakes 4th Addition. The easement vacation is requested in connection with a request for approval of a Registered Land Survey (RLS). The RLS and vacation are being sought in order to reconfigure lot lines for the construction of a new facility within the project area. Cncl. Lehman asked Mr. Leek about a utility easement that the City did not want to give up. Mr. Leek stated that the City has retained the easements that we want. Mayor Schmitt asked if the applicant had any comments. The applicant did not. Lehman/Joos moved to close the public hearing. Motion carried 5-0. Lehman/Joos offered Resolution No. 6502, A Resolution of the City of Shakopee Vacating Easements within Dean Lakes 4th Addition, and moved its adoption. Motion carried 5-0. Mr. McNeill offered the City Council with an agreement with the Builders Association of the Twin Cities which establishes practices and understandings which relate to the lawsuit which had been brought by the. Builder's Association relating to building permit practices and fees. The agreement would settle the lawsuit. The recommendation is to adopt a motion adopting the Consent Decree. Clay/Menden moved to accept the Consent Decree as presented in settlement of the litigation between the Builders Association of the Twin Cities, the Builders Association of Minnesota and the City of Shakopee; and, authorized the appropriate city officials to execute the Consent Decree on the City's behalf. Discussion followed. Cuc1. Joos stated that he would not vote for the decree. He feels settling the law suit is adding costs that he doesn't agree to. He feels the City has done a good job, kept fees reasonable, and kept the City's government from growing by not adding a lot of people. Mayor Schmitt asked for vote. Motion carried 3-2 with Cncl. Lehman and Cncl. Joos dissenting. Official Proceedings of the October 03, 2006 Shakopee City Council Page -4- Mayor Schmitt asked Council members for their liaison reports. Cncl. Clay talked about the write up in the Minnesota Real Estate Journal discussing Huber Park. Cncl. Joos stated he attended the Utility meeting. Discussion was about a policy in regard to replacing water mains when a sewer pipe needs replacing. Also discussed was the power adjustment fee in people's utility bills last month. Cncl. Menden had nothing to report. Cncl. Lehman attended the Park Board meeting and the Chamber meeting. Mr. Themig addressed the Council regarding the reconsideration of the award of the contract for the Aquatic Park Building, Project No. PR2006-3. He stated that on September 19,2006, City Council awarded a contract to Ebert Construction for construction of the Aquatic Park building. The base bid was $658,900, plus alternates 1,3,4,5,6, and 7. At the September 19th meeting a representative from Ebert Construction indicated that there was an error in their bid and if the City were to award alternate number 7, they would not sign the contract. The City issued the contract to Ebert on September 19,2006. On September 25,2006 the City received notice that Ebert Construction refused to execute the contract. Mr. Themig said that after consulting with the City Attorney the Council has two options: 1. Award equivalent bid to CM Construction, including alternate number 7. The option would award the same bid, but would add $59,500 in additional costs to the project over Ebert's equivalent bid. Mr. Themig recommended that the Council make claim on Ebert's bid bond of5% of the bid ($37,500). 2. Award the bid to CM Construction, excluding alternate number 7. This option would eliminate the water service line to Lions Park restrooms, and would still involve an additional $30,000 in costs to the City over Ebert's bid. Mr. Themig stated that with this option the City should also make a claim against Ebert's bid bond for the $30,000 increase. Mr. Themig recommended option number 2, awarding the bid without alternate number 7. Mr. Themig doesn't believe the cost for the water service line to Lions park restrooms ($42,000) is a good value for the City. However, included will be a stub out for installing the water service line in the future. JooslLehman offered Resolution 6511, A Resolution Accepting Bids and Awarding a Contract for the Construction of the Shakopee Aquatic Park Building, Project No. PR 2006-3, and moved its adoption; awarding the bid to CM Construction excluding Alternate No.7. Discussion followed. Cncl. Lehman discussed Ebert's failure to fulfill their bid. Cncl. Lelunan also discussed how the City is now forced to use a higher bid to complete the project. Cncl. Menden concurred that AltemateNo. Tin CM Construction's bid was too high to consider. Cncl. Menden then asked Mr. Themig if there was going to bea stub out so the line could be placed at a later date. Mr. Themig stated that there would be a stub out so future work could be completed. Official Proceedings of the October 03, 2006 Shakopee City Council Page -5- Mr. Thomson wanted the Council to be clear that the bid bond claim could be between $18,000 to $30,000. Cncl. J 008 stated that for the record he wanted it made clear that Ebert Construction did not withdraw their bid but refused to sign the bid. Mayor Schmitt asked for a vote on Resolution No. 6511. Motion carried 5-0. Clay/Lehman moved to authorize making a claim on Ebert Construction's bid bond for refusing to execute the contract for the Shakopee Aquatic Park Building. Motion carried 5-0. Mr. Themig asked the Council to consider waiving building permit fees for the current park buildings under construction or being considered. Mr. Themig stated that Council has discussed building permit fees for City projects in the past and decided to handle each project on a case-by-case basis. Mr. Themig asked City Council to waive building permit and plan review fees for Huber Park, 17th Avenue Sports Complex, and the Aquatic Park Building. Cncl. Lehman asked if the fees would be paid from the Park Reserve or the operational budget. Mr. Themig stated that Huber Park and 1 ih Ave. Sports Complex would come from the Park Reserve budget and the Aquatic Park Building would come from the Building Fund. Cncl. Joosasked Mr. Voxland's opinion aboutthe request Mr. Themig has made to the Council. Mr. Voxland stated that since the new fee structure has been implemented the dollar amount for permits is significantly lower. Mr. V oxland suggested not waiving the fees to keep the accounting consistent. Mayor Schmitt agreed with Mr. V oxland regarding the waiver of the fees. Menden/Lehman moved to not waive the building permit and plan review fees for Huber Park, 17th A venue Sports Complex, and Aquatic Park buildings. Motion carried 4-1 with encl. Clay dissenting. Mr. Themig addressed Council regarding reviewing of an RFP for the City's comprehensive park plan update and studies related to fees and service priorities, and. authorization to request proposals. Mr. Themig said that the Parks and Recreation Advisory Board and City Council have discussed various planning processes over the past few months as part of the 2007 budget process. Funding is included in 2007 for these planning processes. Mr. Themig stated that the first part ofthe update is the Comprehensive Park Plan Update. This would update the City's comprehensive park plan to include areas within the City's most recent comprehensive land use plan to provide future park facilities. It would also attempt to project the facility demands that the city will have into the future. Official Proceedings of the October 03, 2006 Shakopee City Council Page -6- Part 2 is Service Priorities. This component of the study would review the parks and recreation services that the City provides or doesn't provide and attempt to prioritize the need for these services. It would also examine private sector and partnership opportunities. A primary component of this part of the study would be to discuss the future of the Community Center and how it fits into the City's services. Part 3 of the study is Fee and Cost Recovery Study. This would continue the City's development fee study and examine park and recreation service costs and fees. From this information, the Advisory Board and City Council can make policy decisions regarding cost recovery. Mr. Themig stated the Park and Recreation Advisory Board has indicated a desire to take the lead role in each of these studies, with participation from residents in a sub-committee format. Mr. Themig stated that the preliminary 2007 budget request included $40,000 for this work. By using city staff to assist with certain aspects of the update such as mapping, it is possible that the cost would remain in the initial cost estimates. Mayor Schmitt asked Mr. Themig if Part 3 of the RFP, Fee and Cost Recovery, is the data from Springsted. He also asked if this would be separate from the other parts. Mr. Themig stated that the decision to keep Part 3 separate from the RFP, would be up to the City Council. Cncl. Lehman stated that he is in favor of the RFP but also agree with the Mayor that Part 3 should be separate and done through Springsted. Cncl. Joos stated that he is in favor of the Park Plan Update but feels that the city needs to find some other revenue streams to fund larger park projects. Cncl. Menden is in favor of Part 1 and Part 2. He stated that there needs to be a resolution to the Community Center and some direction the Council can consider. Cncl' Clay feels that all three parts are important to the entire package. Lehman/Menden movedto authorize the proper City officials to seek RFP' s for proposals for Part 1, Comprehensive Park Plan Update, andPart 2, Service Priorities as a package and then Part 3, Fee and Cost Recovery, obtain a bid from Springsted. Motion carried 5-0. Mr. Loney addressed the Council with a request from Milwaulkee Manor Home Owner's Association regarding drainage ditch improvements along Dakota Street. Mr. Loney stated that Milwaulkee Manor is a subdivision approved in the 1990's, which included a drainage ditch along Dakota Street to a point west of Dakota Street. The approval of this drainage.ditch was done at the request of the developer, due to cost, versus a storm sewer system recommended by staff and was approved by the City during the subdivision process. Mr. Loney stated that in 2004 city staff had prepared a design and obtained quotes to have the storm sewer put in. The council voted to participate at 25% of the cost of the actual construction and the City contributing engineering stafftime for the project. The proposal was never accepted by the Milwaukee Manor Home Owner's Association. The request from the Milwaukee Manor Home Owner's Associate Board is to address Council on this subject again. Official Proceedings of the October 03, 2006 Shakopee City Council Page -7- Cncl. Lehman asked Mr. Loney toclarify what part the developer played in the drainage ditch. Mr. Loney stated that during the subdivision process staff and. the planning commission had recommended a storm sewer pipe. The developer argued before the Council that he wanted to reduce cost to make the development work and preferred a drainage ditch. Rene' Vanoni, President of Milwaukee Manor Townhome Association, addressed the Council with concerns about the drainage ditch. Mr. Vanoni stated that there was bond money from the developer held by the city to pay for the completion of the storm sewer. Mr. Vanoni stated that after the developer died he was told that the bond money was given back to the developer's estate. Mr. Vanoni showed pictures of what the drainage ditch looks like. John Hergott, 668 Milwaukee Court, also a board member with Milwaukee Manor Townhome Association, stated that he doesn't think that the homeowners association should be assessed 75 percent of the cost to put in a storm sewer when other city streets also drain into the ditch. Mr. Joos stated that he thought the offer in 2004 of the City paying for 25% ofthe cost was a fair offer because the only ones who will benefit from the project are the home owners of Milwaukee Manor. Mr. Joos stated that he would be willing to offer the same 25% of the cost as what was proposed in 2004. Cncl. Clay asked if Mr. Loney knows what the costto the project would cost today. Mr. Loney stated that he does not have a cost but is sure the costs would be higher than they were in 2004. Mr. Loney also stated that the offer that was made in 2004 was that Milwaukee Manor pay for 75% of the pipe and restore the property with turf after installation and the City would pay for 25% of the pipe plus donate the engineering, surveying and inspection fees. Harry Plouman, a resident of Milwaukee Court, addressed the Council with his concerns about the drainage ditch. Mr. Plouman stated that the developer of Milwaukee Manor, Leroy Menke, was a friend of his. Mr. Plouman stated that Mr. Menke told him that the ditch was to be piped, covered and sodded to the curb. Mr. Menke also told Mr. Plouman that there would be money in escrow to fix the problem. Mr. Plouman said that the association should have been notified when the escrow money was given to Mr. Menke's estate after his death. Mayor Schmitt stated that the Council needs to have the minutes of the meeting pulled from the time that this incident occurred to see what the Council minutes reflect. The second thing that needs to be done is that a cost estimate needs to be done for the project. Lehman/Joos moved to direct staff to review costs and policy regarding the Milwaukee Manor drainage ditch improvements along Dakota Street and come back with a cost estimate for the project. Motion carried 5-0. Mr. McNeill presented Council with a plan for an agreement with Robert and Shona Pulk at 2767 Hauer Trail for repaving the Pulk's driveway, which serves as an access to Calvary Cemetery. Official Proceedings of the October 03, 2006 Shakopee City Council Page -8- Mr. McNeill stated that in the 1990's the City vacated a portion of Hauer Trail and Jasper Road adjacent to the cemetery. The reason for that was because Jasper Road, being gravel, was a significant maintenance problem. During the following years the southerly half ofthe vacated Hauer trail was removed, and landscaping replaced. However, the northerly half of Hauer Trail remained as asphalt, and served as a driveway for the Pulk's. Mr. McNeill explained that the remaining asphalt has also served as the only practical paved access to the Calvary Cemetery. Mr. Pulk has expressed concerns about liability issues, and ongoing maintenance of the pavement. There have been negotiations with the City, Calvary Cemetery and Mr. Pulk and all parties have come to a resolution through negotiation. The estimated cost of the work to upgrade the paved portion of Hauer Trail is approximately $30,000, including surveying costs. Construction would take place in the spring of2007. Funding for the project would come from the contingency fund. Robert Pulk of2767 Hauer Trail addressed the council. Mr. Pulkjust wanted to emphasize that he does not want to be liable for any occurrences by the public using his property to gain access to the cemetery. Mr. Joos reminded Mr. Pulk that in the motion the City will defend and cover the Pulk's in the event of damages resulting from the public's use of the easement. JooslLehman moved to direct the appropriate City officials to enter into an agreement for the repaving ofa vacated portion of Hauer Trail and Jasper Road with Robert and Shona Pulk, 2767 Hauer Trail; and direct staff to finalize construction plans and specifications, and seek quotes for spring2007 construction. Motion carried 5-0. JooslLehman moved to recess for a short break. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:10 p.m. Mr. Leek presented Council with a presentation on design and materials for the CSAH 18 Park and Ride. Mr. Leek said that SRF is the design consultant for the project and Ellen Lucanas the architect. The team which consisted of Shako pee, Prior Lake, and Scott County, worked with Ms. Lucan to come up with some design concepts for an open house that was held earlier in the summer. Mr. Leek showed the Council the designs that were presented at the open house. Ms. Lucan came up with two concepts with two variations on each of the themes. The floor plan proposal is an outdoor waiting area that would be heated and lit. There would be storage and areas for vending, restrooms, equipment areas. The fIrst variation on the theme was more commercial in character that has a similar theme to other structures in the Southbridge Crossings area. The second variation had more characteristics of a residential concept. These concepts were shown at the open house and the people were asked to weigh in on which design they preferred. A majority of the people stated they preferred the commercial building design over the residential concept. Official Proceedings of the October 03, 2006 Shakopee City Council Page -9- Mr. Leek discussed the cost of the project. He said that the canopy portion is approximately $470,000. The cost for the whole building is more than Shakopee and Prior Lake should pay from their operating reserve balances for transit. The total cost is approximately 2.6 million dollars. There is $1.2 million in reserve for it. Shakopee and Prior Lake would have to cover the balance of $IA million dollars. Cncl. Menden expressed his concerns to Mr. Leek that 25 percent of the trees may not be saved because ofthe space utilization. Mr. Leek said that it is his understanding from SRF that 25 percent of the trees will be saved and asked SRF to see if any more of the trees could be saved. Mayor Schmitt thanked Mr. Leek for the presentation. Mr. Loney presented Council with the a resolution authorizing the preparation of a feasibility report for Pike Lake Road Improvements, from CSAH 16 to 1867 feet south and for a public street 425 feet west of Pike Lake Road to Independent School District #720 elementary school site. Also is an extension agreement with WSB & Associates to prepare the feasibility report and preliminary design for the proj ect. Mr. Loney stated that one of the conditions for opening the school in 2007 is for the extension of water main to the site for a second water source and for construction of a paved road from CSAH 16 to the school site on Pike Lake Road. Mr. Loney also stated that Tollefson Development, Inc. will be paying 100% of the assessments for the local street and utilities. The city would contribute toward the over sizing of the street and storm sewer facilities plus 50% of street lighting because Pike Lake Road will be considered a collector street. Shakopee Public Utilities would contribute to the over sizing of the trunk water main. Mr. Loney said the preliminary cost estimate for the project is approximately 1A million and the City's share will be approximately $280,000. Mr. Loney did say that a feasibility study would better determine those costs. Mayor Schmitt asked Mr. Loney ifhe knew what Prior Lake was contemplating for Pike Lake . Road south to the Shakopee boundary since the road connects Shakopee and Prior Lake. Mr. Loney said that Shakopee has been coordinating their efforts with Prior Lake. Pike Lake Road will also be a collector street for Prior Lake also. Lehman/Joos offered Resolution No. 6503, A Resolution Authorizing the Preparation of a Feasibility Report for Pike Lake Road, from CSAH 16 to 1867 Feet South and for a Public Street 425 Feet West of Pike Lake Road to the Independent School District #720 Elementary School Site, and moved its adoption. Also, Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of a feasibility report, preliminary design, hydraulic risk assessment and final design of Pike Lake Road at a total cost not-to-exceed $69,000.00. Motion carried 5-0. Mr. Loney presented Council with the 2006 Bituminous Overlay Project, an assessment policy issue that has arisen which needs Council direction to determine the fInal assessments. Official Proceedings of the October 03, 2006 Shakopee City Council Page -10- Mr. Loney said the 2006 Bituminous Overlay Proj ect was for the restoration of pavement on 10th Avenue from Tyler Street to Marschall Road and Holmes Street from 10th Avenue to 3rd Avenue. In review of the 10th A venue assessments to corner lot residential property along 10th A venue, an assessment change needs to be done from the feasibility report. In 1997 a street overlay project was done on the streets of Dakota, Prairie, N aumkeag, Shawmut and Legion Streets. Alllots were given a lot assessment of $122.30. The comer lots on those streets adjacent to loth Avenue were given a half lot assessment. In the 2006 Bituminous Overlay Project, the corner lots adjacent to loth Avenue were given a half lot assessment. In review of this information staff is recommending an $80.00 credit for the corner lots adjacent to 10th Avenue on Dakota, Prairie, Naumkeag, Shawmut and Legion Streets. Menden/Joos moved to direct staff to provide an $80.00 credit for the corner lots adjacent to 10th Avenue on Dakota Street, Prairie Street, Naumkeag Street, Shawmut Street and Legion Street for the 2006 Bituminous Overlay Project No. 2006-2. Discussion followed. Cncl. Menden asked Mr. Loney if the City is setting a precedent by offering the credit. Mr. Loney didn't feel it's a bad precedent because it is fair and equitable. Mr. Loney said it doesn't hold the City to future policy changes that the City would want to make on the assessment policy. Mayor Schmitt asked for a vote on the motion presented. Motion carried 5-0. Mr. Loney presented Council with declaring a cost to be assessed and establishing a public hearing for the 2006 Bituminous Overlay, Project No. 2006-5. Mr. Loney stated that the feasibility report estimated the cost of the project at $1,120,517.45 and the cost of the completed project is $853,832.74, substantially lower than estimated. Joos/Lehman offered Resolution No. 6504, A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 2006 Bituminous Overlay, Project No. 2006-5, and moved its adoption. Motion carried 5-0. Mr. Loney presented Council with the declaring a cost to be assessed and establish a public hearing for the 2006 street reconstruction and Tahpah Park redevelopment project. Mr. Loney stated that the completed projected is approximately $450,000 less than what was in the feasibility study. Mr. Loney stated that there was one assessment issue. The lots were assessed by front footage. The City may want to consider in the future of doing a lot assessment. He stated that a $6,000 cap is warranted for those large lots with assessments over $6,000. If capped, the city would have an additional cost for the project in the amount of $7,206.01. If the full amount is assessed, there could be a benefit question. There was a consensus of Council Members to cap the assessments at $6,000. Joos/Clay offered Resolution No. 6505, A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 2006 Street Reconstruction .and Tahpah Park Improvements, Project No. 2006-2, and moved its adoption. Motion carried 5-0. Official Proceedings of the October 03,2006 Shakopee City Council Page -11- Mr. Loney presented Council with a request for a feasibility report for 2007 street reconstruction project for Main Street, 6th Ave. to 10th Ave.; 7th Ave., Spencer St. to Market St.; 6th Ave., . Spencer St. to Main St.; 8th Ave., Spencer St. to Market St.; and Dakota St., 3rd Ave. to Milwaukee Rd. Mr. Loney did state there have been two issues that are unresolved with Shakopee Public Utilities Commission (SPUC). One is the assessments of water service lines and the other is a replacement policy of water main in street reconstructions. Mr. Loney stated that in order to this project effectively, the water main should be replaced with the sewer main. If the water main is not replaced, staffs opinion is that the project should not go forward as it is not practical to reconstruct the street section without replacing deficient utilities. Cncl. Joos stated he would like the City to continue working with Shakopee Public Utilities on water main replacement during a street reconstruction and consider possibly increasing assessments to 30% and dropping the sewer service assessment. He said that SPUC would like to see costs and the City's long term program so they can budget for water main replacements. Menden/Joos Offered Resolution no. 6510, A Resolution Ordering a Feasibility Report for the 2007 Street Reconstruction Project and moved its adoption and authorized the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. at a cost not to exceed $7,840.00. Motion carried 5-0. Lehman/Menden moved to direct staff to gather more information and bring it back to Council on the proposed change of policy for assessments for street reconstruction projects. Motion carried 5-0. Gregg V oxland presented Council with the revised proposed insert for the. Truth-in- Taxation hearing notice. The hearing is December 4, 2006 and the notices should be mailed between November 10th and 24th, The city needs to submit the proposed notice to the County by October 13th for approval and deliver the insert by October 20tli. Discussionfollowed on the revised insert. Menden/Joos moved to approve the original insert in the council packet to be included for the Truth-in- Taxation hearing notice. Motion carried 3-2 with Cncl. Lehman and Cncl. Clay dissenting. Mr. Leek addressed the Draft Environmental Impact Statement (EIS) for CSAH 21 from CSAH 18 to CSAH 42. Mr. Leek stated that the County has circulated the DEIS for review. Comments on the DEIS are due in to Scott county Highway Department by October 16,2006. Mr. Leek stated that a draft letter for the Mayor to sign has been drafted asking for a 30 day extension to review the DEIS in order to allow time for review to take place at the Official Proceedings of the October 03, 2006 Shakopee City Council Page -12- Environmental Advisory Committee. Also to bring the County to City Council to discuss the DEIS. Cncl. Lehman asked Mr. Leek why the DEIS has shown that CSAH 21 is a Shakopee need. Mr. Leek stated that the DEIS shows the need for CSAH 21 to serve areas that would develop and have been developed. Clay/Menden moved to: a) direct the appropriate City officials to submit a request to Scott County for a 30-day extension ofthe review period for the Draft Environmental Impact Statement (DEIS) for CSAH 21 from CSAH 18 to CSAH 42 and b) in the event that such extension is not granted, authorize the appropriate City officials to submit the letter from the Mayor commenting on the DEIS for CSAH 21, as presented or with minor revisions. Motion carried 5-0. (CC Document No 422) Mayor Schmitt asked Council members for any concerns. Cncl. Lehman has concerns about the engineering at Huber Park. Cncl. Lehman stated that he's had a few concerned citizens talk to him about drainage and the other was about the access to their businesses being downsized. Cncl. Lehman would like the City's Engineering Department involved when the engineering has been contracted out to another company. Cncl.Menden discussed the drainage concerns some residents have in the Westchester neighborhood. Cncl. Menden stated that the residents have signed a petition asking the City to help resolve the drainage issue and have also asked to be placed on the City Council agenda on October 17, 2006. Cncl. Joos discussed the Huber Park playground area and how nice it looks and gave thanks to everyone who participated in the completion ofthe playground. Cncl. Clay would like to set up a meeting in the future for the Council to participate in some brainstorming ideas. He feels the Council never has time to discuss visions and ideas that they wouldJike to see in the City of Shako pee. Mayor Schmitt discussed a letter the Chamber drafted forthe Flying Cloud airport runway extension. Joos/Clay moved to adjourn to 7:00 p.m., Tuesday, October 17~ 2006. Motion carried 5-0. Meeting adjourned at 11 :00 p.m. , J Gr- ..... \ . . ." \ J dith s. Cox .. \ ity Clerk Kim Weckman Recording Secretary