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HomeMy WebLinkAbout5.F.2. Approval of Minutes: January 18, 2011ADJ. REGULAR SESSION OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA JANUARY 18, 2011 Mayor Schmitt called the meeting to order at 7:00 p.m. with Council members, Pat Heitzman, Steve Clay, Matt Lehman 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; Gregg Voxland, Finance Director; Jeff Weyandt, Assistant Engineer, Jim Thomson, City Attorney, and Judith Cox, City Clerk. The Pledge of Allegiance was recited. Mayor Schmitt asked if there were any additions or deletions to the agenda. Mark McNeill said that four of the items on the agenda have action that is tied together. He suggested the presentation of all four before action is taken. Punt / Heitzman moved to approve the agenda as amended. Motion carried 5 -0. In the Mayor's report Mayor Schmitt said he attended the 169/69 overlay open house, the 169 corridor meeting. Discussed was the intersection of 169 and 494 design plan. Mayor Schmitt asked if there were any additions or deletions to the Consent Agenda. Mr. McNeill said there was an amendment to 5.F.5, Adopting a Five Year Street Reconstruction Plan. Cncl. Heitzman asked to remove 5.C.1. Authorize Speed Zone Investigation on Fuller Street from CR 16 to Vierling Drive — Resolution No. 7076. Lehman/Heitzman moved to approve the Consent Agenda as amended. Mr. McNeill read the consent agenda. Motion carried 5 -0. Lehman/Heitzman moved to declare the 1992 Chrysler LeBaron, VIN: 1C3XU5532NF248634; and the 1999 Chevrolet Blazer, YIN: 1GNDT13W5XK104410 as surplus property. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the appropriate City officials to sign an amendment to trail and access /trail easement documents for the Glacier Estates Addition.. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to adopt "no parking" on the north side of Shakopee Avenue, from Dakota Street to Prairie Street during school days from 7:30 a.m. to 3:30 p.m. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize one -year contract extensions with Coca -Cola Enterprises, Inc. and Midwest Vending for providing beverage and snack vending. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to authorize the hiring of probationary police officer Paul Affeldt at Step 1 of the current labor contract contingent upon successful completion of the required pre- employment screening. (Motion carried under the. Consent Agenda) Official Proceedings of the Shakopee City Council January 18, 2011 Page -2- Lehman/Heitzman offered Resolution Number 7079, a Resolution Amending the Pay Plan for Part-time, Temporary and Seasonal Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the bills in the amount of $699,191.36 and electronic transfers in the amount of $499,993.46 for a total of $1,199,184.82. (Motion carried under the Consent Agenda) (A copy of the bill list is posted on the bulletin board at city hall for one month.) Lehman/Heitzman moved to approve the minutes of December 20, 2010 and January 4, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman moved to approve the applications and grant temporary on - sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 26, 2011 and July 30 and 31, 2011. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Ordinance No. 842, Fourth Series, An Ordinance Amending the 2011 Fee Schedule for Licenses, Permits, Services and Documents, and moved its adoption. (Motion carried under the Consent Agenda) Lehman/Heitzman offered Resolution No. 7073 A Resolution Adopting a Five Year Street Reconstruction Plan and moved its adoption. (Motion carried under the Consent Agenda) 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. Heitzman/Clay moved to remove from the table and continue the public hearing on the proposed vacation of the alley south of e Avenue and east of Apgar St. Motion carried 5 -0. Michael Leek, Community Development Director, said that staff did research regarding the proximity of the alley proposed to be vacated and the private easement between the adjacent property owners. He stated that Mr. Loney has spoken with the property owners and that the council should take further testimony at which time it might be learned that the issues have been resolved. If there is no acceptable arrangement between the two adjacent property owners, Mr. Loney may ask to withdraw the application for the vacation of the alley. Mr. Loney stated that there is a 20' wide easement that does about the alley. Mr. Nagel has indicated that he would withdraw his objection to the vacation if the easement is erased or if an easement is granted across the alley to be vacated. Mr. Loney stated that if the alley is not vacated, there would be no parking allowed on the alley. Mayor Schmitt asked if there was anyone in the audience who wished to speak at the public hearing. Bob Nagal, Bob's Lawn Care, 406 1 Avenue W., again addressed Council with his concerns over the vacation of the alley. Mr. Nagai said he has a legal easement from 1 Avenue between his building and Mike's Auto Repair at 452 1 Ave W. that goes back to the alley. The legal easement was signed by Bob Nagel, Mike Dircks, and the owner of the Stemmer building. Mr. Official Proceedings of the Shakopee City Council January 18, 2011 Page -3- Nagel said if the alley is vacated the easement is useless and only benefits Mr. Dircks. He has no objection to the alley vacation if the easement to Mr. Dircks is dissolved. Mike Dircks, of Mike Auto Repair, 452 1 Ave. W., advised Council that he wants to leave the easement along side his building because he eventually wants to sell the Stemmer property which he currently owns, and it provides access to 1 Avenue. Mr. Dircks said that he would verbally give Mr. Nagel an agreement to use the alley if vacated but he said he would not put it in writing. Bruce Loney, Public Works /Engineer Director, addressed Council as the applicant representative of the City. Mr. Loney said the City asked for the vacation of easement because the alley is not very well defined and is difficult to maintain. Due to the conflict between the property owners, Mr. Loney said the City wishes to withdrawal the application for vacation of easement. Lehman/Heitzman moved to close the public hearing. Motion carried 5 -0. Lehman/Punt moved to accept the withdrawal of the application for vacation of public right of way (alley) south of 1 Avenue West and east of Apgar Street. Cncl. Clay encouraged staff to enforce no parking in the alley. Mayor Schmitt asked for a vote on the motion. Motion carried 5 -0. Lehman/Punt moved to direct staff to maintain the alley according to policy as is appropriate. Motion carried 5 -0. Cncl. Heitzman asked for the removal of 5.C.1, Speed Zone Investigation on Fuller Street, from the Consent Agenda because he would like to see Adam Street from CSAH 16 to Vierling Dr. and Spencer St. from CSAH 16 to Vierling Dr. added to the motion. Mr. Loney said the suggestions made by Cncl. Heitzman can not be added to the resolution because they are not city streets but county roads. He said staff could make a request to Scott County to look into the suggestions. Heitzman/Clay offered Resolution No. 7076, A Resolution Requesting the Commissioner of Transportation to Conduct a Speed Zone Investigation on Fuller Street, from CSAH 16 to Vierling Drive, and moved its adoption. Motion carried 5 -0. Lehman/Heitzman moved to direct staff to talk to Scott County about conducting a speed study on Adam Street and Spencer Street from CSAH 16 to Vierling Dr. Motion carried 5 -0. Mayor Schmitt asked for Council liaison reports. Cncl. Lehman had no report. Cncl. Clay attended the Shakopee Public Utility Commission meeting. Discussed was the Fuller Street lighting project and the lighting on 101. Cncl. Heitzman said he attended the Chamber of Commerce annual meeting. Cncl. Punt attended the Chamber of Commerce annual meeting. She said Brad Tabke will now be Chairman of the Board for the Chamber of Commerce. Also discussed was their focus for 2011. Official Proceedings of the Shakopee City Council January 18, 2011 Page -4- Clay /Lehman moved to recess for an Economic Development Authority Meeting at 7:43 p.m.. Motion carried 5 -0. Mayor Schmitt re- convened the meeting at 7:46 p.m. Gregg Voxland, Finance Director, presented Council with the Street Overlay Funding, Capital Financing, 2011 Bituminous Overlay, and 2011 Street Reconstruction. Mr. Voxland discussed the need and purpose of street overlays. Street overlays are done after the road reaches the 20 year mark. Because so many streets were built in the late 1990's and 2000's, several streets will need overlays in the next few years. Mr. Voxland reminded Council that last year they voted not to assess 30% for the overlays and use state aid money instead. The other 70% has been paid for with the tax levy. Bonds were sold for five to ten years. Not issuing bonds is not a problem as there are dollars in the Capital Improvement Fund. In order to issue bonds at least 20% must be assessed. Staff is proposing for Council to consider the use of the Capital Improvement Fund (CIF) and start building a levy to replenish the capital improvement fund by starting at a levy of $100,000 for 2012 and then increase that by $50,000 each year. The CIF fund, as proposed, results in the fund balance being drawn down to $2.3 million by the end of 2015. The CIF without overlays, state aid construction and a tax levy and fund balance is drawn down by to $1.1 million. Mr. Voxland then discussed Capital Financing with Council. Mr. Voxland showed a chart of the total debt payments by year and by source of money to make the payments. In 2005, an amount shown at the zero line represents the large prepayment of special assessments which increased fund balance in the debt service funds versus drawing down fund balance. He also showed a chart showing the actual and projected tax levy for existing bonds and a chart with adding the proposed levies for reconstruction bonds and the proposed levy for the CIF for street overlays. Mr. Voxland then discussed options for Council to consider. The suggestions he gave to Council were to transfer some of the General Fund - fund balance to the CIF, use more of the CIF fund balance, delay, decrease or cancel projects, reduce General Fund budget through service cuts or reducing rentals paid into the building or equipment funds, or increase the tax levy. Bruce Loney, Public. Works /Engineer, presented. Council with the 2011 Bituminous Overlay Project No. 2011 -2. Mr. Loney discussed the proposed project area for the bituminous overlay for 2011. The project areas are in the downtown area and the other is Vierling Drive east of Marschall Road and streets north of Vierling Drive. The estimated project costs including a 5% contingency is $833,000.00. Mr. Loney also discussed the 2011 Street Reconstruction, Project No. 2011 -1. This project includes the area of the old T.H. 300 and streets adjacent between 10 Avenue and 6 Avenue. The total project cost is $4,938,450.00 which includes State Turnback Funds for old T:H. 300. Official Proceedings of the Shakopee City Council January 18, 2011 Page -5- Punt /Lehman offered Resolution No. 7078, A Resolution Receiving a Report and Calling a Hearing for the 2011 Street Reconstruction Project, Project No. 2011 -1, and moved its adoption. Motion carried 5 -0. Clay /Heitzman offered Resolution No. 7077, A Resolution Ordering an Improvement and Preparation of Plans for Specifications for the 2011 Bituminous Overlay Project, No. 2011 -2, and moved its adoption. Motion carried 5 -0. Mayor Schmitt commented about the discussions regarding Street Overlay Funding and Capital Financing. He stated that the staircase cumulative looks steep for the next three years and could increase the property taxes by 3 to 4 percent. He would like to see some of the projects moved out a few years. He also thinks that a 1 percent annual increase over the four years might be acceptable. He also thinks the City needs to get a better handle on the under spend. Cncl. Lehman agrees with Mayor Schmitt but would be more conservative because of the financial unknowns at this time at the state and federal level. Cncl. Clay agrees with Mayor Schmitt and Cncl. Lehman to look at as many options with regard to dealing with funding issues which may include going back to assessing property owners for overlays. Cncl. Heitzman agrees with all three but has some concerns with Cncl. Clay's suggestion of assessing property owners for overlays. Cncl. Punt is in general agreement. She would like Council to consider what the City's standards are in maintaining the streets before delaying or canceling any projects. Staff will bring back funding options for capital project financing at the February 1, 2011, meeting. Lehman/Heitzman moved to recess for five minutes. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 9:18 p.m. Mr. Loney presented Council with Consideration for Additional Sanitary Sewer and Storm Drainage Improvements. Mr. Loney said during the review of the plans for C.R. 101 reconstruction project, staff did further investigation on a sanitary sewer line on Prairie Street and the trunk storm sewer on Market Street from 1 Avenue to the Minnesota River. Mr. Loney said the condition of the line on Prairie Street is in bad condition. The cost to replace the line is estimated at $36,000 and would be paid out of the Sanitary Sewer Fund. The Market Street trunk storm sewer from 1 Avenue to the Minnesota River is in good condition from 1st Avenue to Bluff Street. The pipe north of Bluff Street to the river is of a different material and needs to be replaced. Mr. Loney presented Council with three options to solve the problem. Official Proceedings of the January 18, 2011 Shakopee City Council Page -6- Clay/Punt moved to approve the replacement of the sanitary sewer on Prairie Street, from 1St Avenue to approximately 150 feet south with funding to be from the City's Sanitary Sewer Fund; and, to approve the improvements of the Market Street storm sewer system from 1St Avenue to the Minnesota River, with funding out of the City's Storm Drainage Fund. Motion carried 5 -0. Kris Wilson, Assistant City Administrator, presented Council with the 2010 Pay Equity Compliance Report. Ms. Wilson provided Council with background regarding the Pay Equity Compliance Report that the City is mandated to submit every three years. She explained the data in the report and provided visuals for Council to review. Ms. Wilson said that there are an additional four part - time positions that are reportable under Pay Equity for the first time. She said that she expects the City will be found in compliance with the law after review of the report. Clay /Heitzman offered Resolution No. 7080, a Resolution Approving the City of Shakopee's 2010 Pay Equity Compliance Report, and authorized its submittal to the State of Minnesota. Motion carried 5 -0. Mayor Schmitt asked if there were any other item to discuss or Council concerns. Cncl. Heitzman said he received several phone calls regarding the ice skating rink at Holmes Park being closed. Mr. McNeill said he will talk to staff to find out why it's closed. Cncl. Lehman and Mayor Schmitt received calls from citizen's wondering why the City was plowing snow on Presidents Day when there was only an inch of snow that fell. Mayor Schmitt said that he has received several compliments from community members regarding the nice job Public Works has done plowing snow this season. Lehman/Punt moved to recess for executive session to discuss labor negotiations at 9:50 p.m. Motion carried 5 -0. Mayor Schmitt reconvened the meeting at 10:11 p.m. and stated that the council came from executive session to discuss labor negotiations and that no action taken. Punt/Heitzman moved to adjourn the meeting at 10:12 p.m. Motion carried 5 -0. J pith S. Cox City Clerk Kim Weckman Recording Secretary