Loading...
HomeMy WebLinkAbout5.F.2. Approve Minutes of October 17, 2006 OFFICIAL PROCEEDlNGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA. OCTOBER 17, 2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos, Steve Menden, Matt Lehman present.. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Kris Wilson, Assistant City Administrator; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Gregg V oxland, Finance Director; Mark Themig, Parks, Recreation and Facilities Director; and Jeff Tate, Captain. Mayor Schmitt called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. There were no additions or deletions. Menden/Joos moved to approve the Agenda. Motion carried 5-0. In the Mayor's report Mayor Schmitt stated that he attended ValleyS care, the Fire Department Recognition dinner, the groundbreaking ceremonies for QLogic and the Joint Training Facility in Jordan, and the open houses for Public Works and the Fire Department. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Cncl. Menden asked that 5.B.3 be removed from the consent agenda. Cncl. Joos asked that 13.E.1 be added to the consent agenda. Cncl. Lehman asked that 5.B.6, 5.DA, and 5.FA be removed from the consent agenda. Mayor Schmitt asked that 5.A.2 be removed from the consent agenda. LehmanlMenden moved to approve the amended Consent Agenda. Motion carried 5-0. Lehman/Menden offered Ordinance No. 771, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code by Adding Section 11.25 Sewered Rural Residential (SRR) zone, and moved its adoption. (Motion carried under the Consent Agenda) Lehman./Menden offered Resolution No. 6519, a Resolution Approving the Annexation of Property from Jackson Township, and moved its adoption. (Motion carried under the Consent Agenda) LehmanlMenden moved to authorize the revised design services of a not-to-exceed amount of $115,181.00, and a total combined services of design and construction not-to-exceed $179,879.00, except for fmal right-of-way acquisition services which may be necessary to WSB & Associates, Inc for 17th A venue, from Southern Meadows to CSAH 83. (Motion carried under the Consent Agenda) Official Proceedings of the October 17,2006 Shakopee City Council Page -2- LehmanlMenden offered Resolution No. 6515, A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 1 ih A venue Improvements, Project No. 2006-1, and moved its adoption. (Motion carried under the Consent Agenda) LehmanlMenden moved to authorize staff to add the purchase of an asphalt roller compactor and trailer to the 2007 Capital Equipment Budget with an estimated purchase price of $37,000.00. (Motion carried under the Consent Agenda) Lehman/Menden offered Ordinance No. 770, Fourth Series, an Ordinance Amending Section 9.50, Subdivision 8 (B) of the Shakopee City Code, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Menden moved to adopt Ordinance No. 769 Fourth Series, An Ordinance of the City of Shakopee, Minnesota Amending Chapter 2, Sections 2.11 and 2.12 Relating to Emergency Management, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Menden moved to authorize the appropriate City staff to enter into the grant agreement with the Minnesota State Patrol for the project entitled Operation NightCap; and receive reimbursement for shifts worked during the period from August 11 to September 22, 2006 for the amount awarded by the Minnesota State Patrol. (Motion carried under the Consent Agenda) Lehman/Menden offered Resolution No. 6513, A Resolution Declaring the Costs to be Assessed and Ordering the Preparation of Proposed Assessments for the 2006 Shade Tree Disease Control and Prevention Removals, and moved its adoption. (Motion carried.under the Consent Agenda) LehmanlMenden moved to authorize an additional $30,000 for construction administration services from Bonestroo, Rosene, Anderlik & Associates. (Motion carried under the Consent Agenda) Lehman Menden moved to authorize the appropriate City officials to enter into a 10-year lease agreement with the Minnesota Department of Natural Resources for development, operation, and maintenance of the Shakopee Archery Range, conditioned on review and approval by the City Attorney. Also authorize a change order in favor of K.A. Witt in an amount not to exceed $70,000 for the construction of an access road and parking area for the Shakopee Archery Range, conditioned on issuance of a variance from the City's. Board of Adjustment and Appeals. (Motion carried under the Consent Agenda) Lehman/Menden moved to extend the probation of Officer Jaclyn Yzermans for six months, to May 4,2007. (Motion carried under the Consent Agenda) Lehman/Menden moved to grant Carrie Duckett full-time, regular status as a MIS Coordinator. (Motion carried under the Consent Agenda) LehmanlMenden moved to authorize the hiring of probationary police officer Travis Goerish at Step 1 of the current labor contract. (Motion carried under the Consent Agenda) Official Proceedings of the October 17,2006 Shakopee City Council Page -3- Lehman/Menden moved to authorize the hiring of Alison Kornder as a part-time probationary community service officer at Step E of Grade Level 2 in the 2006 City Pay Plan, subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda) Lehman/Menden offered Resolution No. 6512, A Resolution Amending Resolution No. 6051 Designating Director to LOGIS, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Menden moved to approve the bills in the amount of $2,089,693.34. (Motion carried under the Consent Agenda) Lehman/Menden moved to approve the City Council meeting minutes for September 19,2006. (Motion carried under the Consent Agenda) Lehman/Menden moved to authorize appropriate staff to enter into contracts with Medica and Delta Dental for the renewal of group insurance plans for 2007, at the quoted prices, and offer Resolution 6520, A Resolution Adopting the City of Shako pee's Contribution Levels for Employee Benefits for the Year 2007, and moved its adoption. (Motion carried under the Consent Agenda) Mayor Schmitt asked ifthere was anyone in audience who wished to speak about a topic that was not on the agenda. Noone responded. Mr. Loney presented Council with information regarding the trunk sanitary sewer extension from the Prior Lake Interceptor to the east plat line of Riverside Bluffs. Mr. Loney stated the project has been completed and the final project cost is $529,257.65. Mr. Loney identified the project breakdown as follows: City Costs (trunk sanitary sewer fund) $223,327.37 Assessments $305.930.25 Total $529,257.65 Mr. Loney also said that the City received a payment of $150,000 from the developer of Riverside Bluffs in order to expedite the project to their development. The total cost that comes out of the trunk sanitary sewer fund is $73,000.00. Menden/Joos moved to open the public hearing on the proposed assessments for the trunk sanitary sewer extension from the Prior Lake Interceptor to the east plat line of Riverside Bluffs, Project No. 2006-4. Motion carried 5-0. Mayor Schmitt asked if there was anyone in the audience that wished to speak on the topic. No one responded. Joos/Clay moved to close the public hearing. Motion carried 5-0. Official Proceedings of the October 17, 2006 Shakopee City Council Page -4- Lehman/Menden offered Resolution No. 6514, a Resolution Adopting Assessments for the Trunk Sanitary Sewer Extension, from the Prior Lake Interceptor to the East Plat Line of Riverside Bluffs, Project No. 2006-4 and moved its adoption. Motion carried 5-0. Mr. Leek presented Council with the final plat of Shakopee Landing, previously known as Vierling Estates II. Mr. Leek stated that Shakopee Development, LLC submitted a request to have the name of the approved final plat of Vierling Estates II Addition changed to Shakopee Landing, due to complications with recording Vierling Estates I Addition. Mr. Leek also stated that staff believed that it would be appropriate to offer two modifications or deletions to the previously approved resolution for this property. One is to remove I.K., The applicant shall only install benches and/or tables in common green space where the proximity of ponding areas and slopes do not constitute a safety hazard. The other item to remove is II.J., Provide a play area/tot lot for residents of this development. Mr. Leek said that both items indicate private play or recreational amenities rather than amenities required to meet park dedication. Part of the reason for these changes is due to the changing of the ponding area which left little area to put those amenities in. Mayor Schmitt stated that the reason he removed the item from the consent agenda is his concern for the safety of the children that would be living in this development. Mayor Schmitt said that if the developer doesn't offer a play area, the children will be forced to walk across Vierling Drive to play at a park. He also stated that there are no sidewalks or crossings on Vierling Drive to accommodate pedestrians. Menden/Clay offered Resolution No. 6518, Approving the Renaming of Vierling Estates II to Shakopee Landing, and move its adoption; with the inclusion of conditions I.K. and II.J. Discussion followed. Cncl. J oos feels that if the Council requires the amenities of a park/tot lot, he feels that the entire plat would have to be redrawn to accommodate the amenities because there is no room. Cncl. Joos opposes the decision to include the play area. Cncl. Clay also had safety concerns about a play area/tot lot located so close to a ponding area. Don Willenbring, the developer of Shakopee Development, LLC, stated that he is open to any decision the City Council makes in the resolution. Mr. Willenbring stated that Shakopee Development is still willing to fmd an area to bring in a swing set or a play area. Cncl. Lehman said that he has a problem with the Park Board taking the cash in lieu of a park and then the City is requiring the developer to put a park in. If the Association wants to put it in that is great and ifnot, it is okay. Mayor Schmitt asked for a vote on the motion. Motion carried 3-2 with Cncl. Joos and Cncl. Lehman dissenting. Official Proceedings of the October 17,2006 Shakopee City Council Page -5- Cncl. Menden asked that the Approval of the Wetland Conservation Act Application for the Prior Lake outlet Channel Project be removed from the Consent Agenda because the firm that Cncl. Menden works for is slated to do some of the work for the project. Clay/Lehman offered Resolution No. 6517, a Resolution Approving the Wetland Conservation Act Application for the Prior Lake Outlet Channel Project (Segment 5C), and moved its adoption. Motion carried 4-0 with Cncl. Menden abstaining because the firm he works for will be doingthe work. Mayor Schmitt stated that he was the one that asked that the approval of the grading permit for the Blue Lake Channel Improvements by the Shakopee Mdewakanton Sioux Community (SMSC) be pulled from the consent agenda do to the strained relationship the city has with SMSC. Mayor Schmitt also stated that he attempted to reach SMSC with no success. Mr. Loney presented Council with the request for a grading permit by SMSC. SMSC is proposing to grade the channel to provide a more defmed conveyance system and to grade two storm water basins to provide treatment of storm water flowing on to their property from the south and west of County Road 83. Mr. Loney stated that City Staff believes that the SMSC, who has their own Public Works Department, can adequately maintain these ponds anddoes not see the need for requiring easements on ponds in this area. Stan Ellison, Land and Natural Resources Manager for SMSC, presented Council with the plans for the Blue Lake Channel Improvements. Mr. Ellison stated that SMSC's goal is to restore the channel and allow SMSC to manage storm water. Mr. Ellison displayed plans for the improvements and explained the purpose of the project. Cncl. Lehman asked Mr. Ellison for a resolution to the problem the City has been having with regard to meeting SMSC members to discuss issues such as this as well as the Valley View Road extension. Mr. Ellison stated that the SMSC is on the same Comprehensive Plan schedule as the City of Shakopee is and Valley View has been identified by SMSC as a necessary road for them in the event that they develop. As for setting up meetings with SMSC he feels that if this project moves forward and it will eventually result in contacts with the upper level staff at SMSC. CncL Menden asked what kind of assurances the City has from SMSC for access to the ponds in the event the ponds are not kept up. Mr. Ellison stated that SMSC has to maintain the ponds due to the Memo of Understanding being agreed to between the SMSC and the Prior Lake Spring Lake Watershed District (PLSLWD). The Watershed District can access the ponds. J ooslMenden moved to approve the grading permit for the Shakopee Mdewakanton Sioux Community, with conditions outlined in the October 10,2006 memo from Joe Swentek, Project Engineer to Bruce Loney, Public Works Director. (CC Document No. 423) Motion carried 5-0. Mr. Themig presented the Council with consideration of additional Aquatic Park improvements with the remaining funds from the construction of the Aquatic Park Support building. Official Proceedings of the October 17,2006 Shakopee City Council Page -6- Mr. Themig said that the project budget is $1,080,000. Mr. Themig stated that the Fire Inspector stated that the proposed building exceeds the square footage and would require a sprinkler system installed. In working with the building official on that item they modified their opinion. and they are requiring fire detection instead of the sprinkler system. The 4" water service line stub and the asbestos!hazardous material abatement would also need to be done at a cost of $12,000 for the three items which would come out of the contingency fund. Mr. Themig said that the Council needs to consider the purchasing of picnic tables and bike racks for a price of$14,556.00 and concession equipment in the amount of$9,935.00. That would leave the City with a budget balance of$143,659.00. Mr. Themig also stated the other additional project improvements would result in a better fmal product but are not essential to complete the project. They are the diving board replacement, fence replacement, sand play structure and additional shade structure for a total cost of $107,425.00. The estimated balance left from the project would be $36,234.00. Menden/Joos moved to authorize the purchase of bike racks and picnic tables in the amount of $14,555.05 from Wabash Valley and concession equipment from Superior Products in the amount of $9,935.00. Motion carried 5-0. Mr. McNeill presented Council with the draft 2007 Legislative Policies, as determined by the League of Minnesota Cities Policy Committee. The Council has been asked to endorse the draft of the policy. Cncl. Lehman stated that he asked to have this item removed from the Consent Agenda because he did not have time to read the entire document. Lehman/Joos moved to.table the League of Minnesota Cities 2007 Legislative Policies until Tuesday, October 24, 2006. Motion carried 5-0. Bruce Loney addressed the Council regarding Petition for storm drainage improvements on Block 9 of Westchester Estates. Mr. Loney said that in 2005 City staff were notified ofa complaint by residents regarding their backyard drainage swale that was not performing to their expectations. City staff notified the developer, Tollefson Development, Inc. to review the storm drainage design and grading of the drainage swale. The developer and the residents have not been able to reach a resolution to this situation. Mr. Loney displayed pictures ofthe area of Westchester Estates in question. Mr. Loney said that the approved grading plan included two storm sewer catch basins with a 1 % drainage swale towards the catch basins in the back yards. A 1 % minimum slope was the requirement of the City's Design Criteria at the time of plat approval. Mr. Loney also said that staff noted that almost every resident has a sprinkling system and they sprinkle their lawns on a regular basis which is contributing to part of the problem of the back yard swale becoming saturated. Staffhas recently visited the area and with the reduced rainfall and reduced. sprinkling, the backyarq swale has dried up considerably. Official Proceedings of the October 17, 2006 Shakopee City Council Page -7. Mr. Loney stated that City staff believes that the storm drainage is working to the extent that buildings are being protected for Block 9 of Westchester Estates. However, the drainage swale area is. being saturated at times, through out the year, due to heavy rains and sprinkling of lawns andin some areas due to altered grades of the swale. Mr. Loney said the residents of Block 9 in Westchester Estates are requesting that the City of Shakopee resolve the improper storm drainage in their back yards. The residents are in favor of the City working with Tollefson to correct the drainage problem and do not feel they should incur any cost in the matter. Cncl. Lehman asked Mr. Loney how much of an easement the City has for the draining swale. Mr. Loney stated that the City has 20 feet of easement. Cnc1. Lehman's concerns were all the landscaping obstacles in the easement which probably contribute to the drainage problem. Cnc1. Joos asked Mr. Loney what approach would be the least evasive action to take to fix the drainage problem. Mr. Loney stated that the residence would have to move their drain tiles and sprinkler heads in order to put in more drain tile and more catch basins and then regrade the swale back to 1 percent. Howard Bazinet, 730 Westchester Ave, who is the unofficial spokesperson for the Westchester Estates residents, addressed the Council with the concerns of the drainage problem. Mr. Bazinet stated that all 20 people who have signed the petition have contacted the City, the developer and/or their builder regarding this issue with no resolution to the problem. Mr. Bazinet displayed a picture of his backyard. He said that he has a fire pit approximately 30 feet from the draining swale and he is unable to use it because of the standing water in the fire pit. Mr. Bazinet also discussed how the children in the neighborhood are unable to run from one yard to another without getting their feet soaked. Mr. Bazinet feels that the problem falls on the developer, Tollefson Development, and feels they should be responsible for fixing the problem and also be fiscally responsible for fixing the problem. Cncl. Joos discussed the yard obstructions and the grade changes in the area and all of the people involved in the process. Mr. Bazinet agrees that the Tollefson did the grading work and then the builders do the final grade and then the homeowners put in the sod and other landscaping projects. Gary Wollschlager of Tollefson Development addressed the Council. Mr. Wollschlager stated that when the fmal grade was inspected it was done right. He feels that the home builders who have done the final grade are also responsible for the problem as well as the homeowners. Mr. Wollschlager feels there needs to be a resolution to the problem but feels that the homeowners need to provide.who their builders were so they can share in the.fiscal responsibility of fixing this problem. Official Proceedings of the October 17, 2006 Shakopee City Council Page -8- Cncl. Lehman said he would like to seethe 20 foot easement cleared of landscaping obstructions and the sprinkler heads moved off the easement to see if that solves the problem. Cncl. Lehman thinks that the City's Engineering Department and Tollefson Development need to get together and bring a solution to the problem back to the Council at a later date. Cncl. Joos and Cnc1. Menden would like to figure out what the costs to fix the problem would be and then discuss who would be financially responsible. Joos/Clay moved to table the discussion on the petition for storm drainage improvements for Block 9, Westchester Estates until the Engineering Department and Tollefson Development come back with a solution to the problem. Motion carried 5-0. Joos/Lehman moved for a ten minute. recess at 9:00 p.m.. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9: 15 p.m. MendenlClay moved to recess for the Economic Development Authority meeting. Motion carried 5-0. Mayor Schmitt re-convened the meeting at 10:30 p.m. Mr. Loney presented Council with Resolution 6516, which accepts the bids and awards a contract for the Swamp Lake Wetland Mitigation, Project No. 2006-9. Mr. Loney said that bids for the Swamp Lake Wetland Mitigation were opened on October 16, 2006. There were 13 bids for the project. The low bidder was Jay Bros., Inc. with a bid of $66,439.00. The Engineer's estimate for this project was $140,000.00. Mr. Loney stated that Staff recommended that the bid from Jay Bros., Inc. be thrown out due to non compliance with the specifications as it pertains to the pay item for mobilization. Mr. Loney said that staff is recommending the bid be awarded to Rud Excavators for $66,828.00. Joos/Menden offered Resolution No. 6516, A Resolution Accepting Bids from Rud Excavators for the Swamp Lake Wetland Mitigation, Project No. 2006-9. and moved its adoption. Motion carried 5-0. Lehman/Joos moved to approve a 5% contingency amount on the Swamp Lake Wetland Mitigation for use by the City Engineer in authorizing change orders or quality adjustments. Motion carried 5-0. Mayor Schmitt asked Council members for the liaison reports. Cncl. Joos stated that he attended a SPUC meeting as well as the Public Works open house. Cncl. Clay had nothing to report. Cncl. Lehman said he attended the Fire Department Study Group and Public Works open house. Cncl. . Menden said he also attended the Public Works open house, the school board meeting and the EAC meeting. Official Proceedings of the October 17, 2006 ShakopeeCity Council Page -9- Joos/Clay moved to adjourn to 6:30 p.m., Tuesday, October 24,2006. Motion carried 5-0. Meeting adjourned at 10:40 p.m. 2JJL J. . ~fuS.COX ~ ity Clerk Kim Weckman Recording Secretary